Employment and Training Opportunities in the Supplemental Nutrition Assistance Program, 15304-15334 [2020-04821]

Agencies

• DEPARTMENT OF AGRICULTURE
• Food and Nutrition Service

[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Proposed Rules]
[Pages 15304-15334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04821]



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Vol. 85

Tuesday,

No. 52

March 17, 2020

Part III





Department of Agriculture





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Food and Nutrition Service





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7 CFR Parts 271 and 273





Employment and Training Opportunities in the Supplemental Nutrition 
Assistance Program; Proposed Rule

Federal Register / Vol. 85 , No. 52 / Tuesday, March 17, 2020 / 
Proposed Rules

[[Page 15304]]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 271 and 273

[FNS-2019-0008]
RIN 0584-AE68


Employment and Training Opportunities in the Supplemental 
Nutrition Assistance Program

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Proposed rule.

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SUMMARY: The proposed rule would implement the changes made by section 
4005 of the Agriculture Improvement Act of 2018 (the Act) to the 
Supplemental Nutrition Assistance Program (SNAP) pertaining to the 
Employment and Training (E&T) program and aspects of the work 
requirement for able-bodied adults without dependents (ABAWDs). In 
general, these changes are related to strengthening the SNAP E&T 
program, adding workforce partnerships as a way for SNAP participants 
to meet their work requirements, and modifying the work requirement for 
ABAWDs.

DATES: Written comments must be received on or before May 18, 2020 to 
be assured of consideration.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested 
persons to submit written comments on this proposed rule. Comments may 
be submitted in writing by one of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send comments to Moira Johnston, Food and Nutrition 
Service, Office of Employment and Training, 1320 Braddock Place, 
Alexandria, VA 22314.
     Email: Send comments to [email protected]. Include Docket 
ID Number [FNS-2019-0008], ``Employment and Training Opportunities in 
the Supplemental Nutrition Assistance Program'' in the subject line of 
the message.
     All written comments submitted in response to this 
proposed rule will be included in the record and will be made available 
to the public. Please be advised that the substance of the comments and 
the identity of the individuals or entities submitting the comments 
will be subject to public disclosure. FNS will make the written 
comments publicly available on the internet via https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Moira Johnston, Food and Nutrition 
Service, Office of Employment and Training, 1320 Braddock Place, 
Alexandria, VA 22314, or [email protected].

SUPPLEMENTARY INFORMATION: The proposed rule would implement the 
changes made by section 4005 of the Agriculture Improvement Act of 2018 
(Pub. L. 115-334) (the Act) to the Supplemental Nutrition Assistance 
Program (SNAP). The proposed rule would require State agencies to 
consult with their State workforce development boards on the design of 
their E&T programs and require State agencies to document in their E&T 
State plans the extent to which their E&T programs will be carried out 
in coordination with activities under title I of the Workforce 
Innovation and Opportunity Act (WIOA). The proposed rule would also 
make changes to E&T components including: Replacing job search with 
supervised job search as a component; eliminating job finding clubs; 
replacing job skills assessments with employability assessments; adding 
apprenticeships and subsidized employment as allowable activities; 
requiring a 30-day minimum for provision of job retention services; and 
allowing those activities from the E&T pilots authorized under the 
Agricultural Act of 2014 (Pub. L. 113-79) that have had the most 
demonstrable impact on the ability of participants to find and retain 
employment that leads to increased income and reduced reliance on 
public assistance to become allowable E&T activities.
    The proposed rule would also require that, in addition to providing 
one or more E&T components, all E&T programs provide case management 
services to E&T participants. The rule would revise the definition of 
good cause for failure to comply with the requirement to participate in 
E&T to include instances in which an appropriate component or opening 
in an E&T program is not available and would also modify the required 
reporting elements in the final quarterly E&T Program Activity Report 
provided by State agencies to include the number of SNAP participants 
who are required to participate in E&T and, of those, the number who 
begin participation. The proposed rule would add workforce partnerships 
as a way for SNAP participants to meet their work requirements. It 
would also establish a funding formula for reallocated E&T funds, and 
increase the minimum allocation of 100 percent funds for each State 
agency to $100,000, as prescribed by the Act. The proposed rule would 
require State agencies to re-direct individuals who are determined ill-
suited for an E&T program component to other more suitable activities.
    The proposed rule would also codify some changes to ABAWD policy. 
These changes include updating the regulations to reflect the reduction 
in the number of ABAWD work exemptions from 15 percent to 12 percent 
(this change was implemented at the start of Fiscal Year 2020) and 
referring to such exemptions as ``discretionary exemptions,'' as well 
as adding workforce partnerships and employment and training programs 
for veterans operated by the Department of Labor or the Department of 
Veteran's Affairs to the list of work programs for ABAWDs. The rule 
would also replace ``job search'' with ``supervised job search'' as a 
type of activity that cannot count as a work program for the purposes 
of an ABAWD fulfilling their work requirement, unless it comprises less 
than half the work requirement.
    The proposed rule would add the requirement that all State agencies 
advise certain types of households subject to the general work 
requirement at recertification of employment and training 
opportunities. The rule would also require State agencies to provide to 
all households subject to work requirements with a consolidated written 
statement and comprehensive oral explanation of the work requirements 
for individuals within the household.
    Overall, the Department believes the statutory changes made by 
section 4005 of the Act will strengthen E&T programs, and improve SNAP 
participants' ability to gain and retain employment, thus reducing 
participant reliance on the social safety net. Through this 
legislation, Congress has tasked the Department and State agencies with 
reviewing and bolstering the quality and accountability of E&T programs 
for SNAP participants. The proposed rule would allow for more evidence-
based components and require more accountability on the part of both 
State agencies and E&T participants while also retaining State 
flexibility. Notably, the addition of case management to the definition 
of an E&T program fundamentally changes SNAP E&T and the expectation 
for how State agencies must engage with E&T participants. As a result, 
the Department proposes several changes to the way E&T programs are 
described. Under the proposed rule, an E&T program would be defined as 
a program providing both case management and one or more E&T 
components. E&T components may be

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comprised of a number of activities which are designed to achieve the 
purpose of the component. The Department is also asking for input 
around the requirement to verify SNAP eligibility for E&T 
participation.
    The Department will discuss each of the proposed regulatory changes 
in more detail below.

Consultation With Workforce Development Boards and Coordination With 
the Workforce Innovation and Opportunity Act (WIOA)

    Current regulations at 7 CFR 273.7(c)(5) require that E&T 
components must be delivered through the State's statewide workforce 
development system, unless the component is not available locally 
through such a system. The Act added the requirement in section 
6(d)(4)(A) of the Food and Nutrition Act (FNA) that State agencies must 
design their SNAP E&T programs in consultation with their State 
workforce development board or, if the State agency demonstrates that 
consultation with private employers or employer organizations would be 
more effective or efficient, in consultation with private employers or 
employer organizations. The Act also added a new requirement that State 
agencies include in their E&T State plans the extent to which the State 
agency will coordinate with the activities carried out under title I of 
the Workforce Innovation and Opportunity Act (WIOA). The Department 
instructed State agencies in the March 6, 2019, Informational 
Memorandum on Farm Bill E&T (https://www.fns.usda.gov/snap/snap-section-4005-agriculture-improvement-act-2018-informational-memorandum) 
that these provisions were self-enacting and States should begin 
implementing them immediately and incorporate a description into their 
FY 2020 E&T State plans. The Department proposes to modify the 
regulation at 7 CFR 273.7(c)(5) to add the requirement that State 
agencies design their E&T programs in consultation with their State 
workforce development board or with employers or employer 
organizations, if the State agency demonstrates such consultation would 
be more effective or efficient. The Department also proposes to modify 
the regulation at 7 CFR 273.7(c)(6)(xii), as redesignated, to require 
State agencies to describe in their E&T State plans how they met this 
requirement to consult, and to include a description of any outcomes 
from this consultation. The Department also proposes to modify the 
regulation at 7 CFR 273.7(c)(6)(xii), as redesignated, to require State 
agencies to document in their E&T State plan the extent to which their 
E&T programs are coordinated with activities carried out under title I 
of WIOA. The Department would like to clarify that, despite these new 
requirements for consultation with State workforce development boards 
and for documenting in E&T State plans the extent to which State 
agencies have coordinated with activities carried out under title I of 
WIOA, State agencies would not need approval from the State workforce 
development board to implement their E&T program. The State SNAP agency 
would remain responsible for implementing and operating the State's E&T 
program.
    The Department encourages State agencies to take full advantage of 
the workforce development expertise that already exists in their States 
to inform their E&T programs. Generally, E&T programs must be delivered 
through statewide workforce development systems--a broad network of 
service providers which may include: Government and the public sector; 
community-based organizations and nonprofits; employers and industry; 
occupational training providers; and post-secondary institutions, such 
as community colleges. State agencies should work with their 
Departments of Labor, State and local workforce development boards, and 
American Job Centers, as well as tribal workforce development programs, 
to obtain comprehensive labor market information when designing their 
E&T programs, and to capitalize on existing workforce development 
infrastructure and resources to ensure E&T participants have access to 
appropriate E&T services necessary to move them into good jobs and 
toward economic self-sufficiency. The Department encourages State 
agencies to design programs that are responsive to the needs of 
employers. Local Departments of Labor or American Jobs Centers may have 
existing relationships with local employers through which they have 
generated important information about the local labor market and 
employer training needs. State agencies should leverage the insights 
gained through these existing relationships as they build their own E&T 
programs. Nevertheless, the Department would again emphasize that, 
while State agencies may utilize the workforce development expertise of 
other agencies or organizations, it ultimately remains the 
responsibility of the State agency to ensure that E&T programs meet all 
SNAP requirements and operate in compliance with SNAP law and 
regulations.

Supervised Job Search

    Current regulations at 7 CFR 273.7(e)(1)(i) establish job search as 
an allowable E&T component. In addition, current regulations at 7 CFR 
273.7(e)(1) specify that ``job search or job search training, when 
offered as components of an E&T program, are not qualifying activities 
relating to the participation requirements necessary to maintain SNAP 
eligibility for ABAWDs.'' However, the current provision goes on to 
state that ``job search or job search training activities, when offered 
as part of other E&T program components, are acceptable as long as 
those activities comprise less than half the total required time spent 
in the components.'' The Act replaced the E&T job search component with 
supervised job search in section 6(d)(4)(B)(i)(I) of the FNA, and 
defined supervised job search as an E&T component that occurs at State-
approved locations at which the activities of participants shall be 
directly supervised, and the timing and activities of participants 
tracked in accordance with guidelines issued by the State agency. The 
Department instructed State agencies in the March 6, 2019, 
Informational Memorandum on Farm Bill E&T that, if they offer job 
search as part of SNAP E&T, that job search must be supervised, in 
compliance with the new statutory requirements in FY 2020. Likewise, 
here the Department proposes to codify the new supervised job search 
component at current 7 CFR 273.7(e)(1)(i), now being redesignated as 7 
CFR 273.7(e)(2)(i). In addition, the Department proposes to make edits 
to current 7 CFR 273.7(e)(1), at redesignated 7 CFR 273.7(e)(2), to 
specify that job search, including supervised job search, when offered 
as components of an E&T program, are not in and of themselves 
``qualifying activities relating to the participation requirements 
necessary to fulfill the ABAWD work requirement under Sec.  273.24.''
    However, job search, including supervised job search, are 
acceptable activities when offered as part of other E&T program 
components and those activities comprise less than half of the total 
required time spent in the components. The Department also proposes 
changes related to supervised job search in the section on ABAWD work 
programs at 7 CFR 273.24(a)(1)(iii), which are discussed in the section 
titled Work Programs for Fulfilling the ABAWD Work Requirement later in 
this preamble.
    As noted above, the Department proposes to update the job search 
component to supervised job search in

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current 7 CFR 273.7(e)(1)(i), at redesignated 7 CFR 273.7(e)(2)(i). In 
accordance with the Act, the Department proposes to define supervised 
job search as an E&T component that occurs at State-approved locations 
at which the activities of participants shall be directly supervised, 
and the timing and activities of participants tracked, in accordance 
with guidelines issued by the State agency. The requirements encourage 
the development of environments and engagement strategies that ensure 
the time an E&T participant spends looking for a job is productive and 
more likely to lead to improved employment outcomes.
    The Department also believes that supervised job search should not 
create unnecessary impediments that would hinder an E&T participant's 
ability to move toward self-sufficiency. The Department recognizes that 
meeting this expectation may require additional State agency resources, 
particularly with regard to directly supervising E&T participants and 
tracking their timing and activities. For instance, State agencies may 
need to identify new environments or tools to provide supervised job 
search and invest in staff to actively engage E&T participants to help 
them find meaningful work. In this proposed rule the Department has 
chosen to include the regulatory text as written in the statute and 
seek comments about how to further define what constitutes 
``supervised'' and ``State-approved location.'' The Department in 
particular seeks comments on how to define supervision for the purposes 
of this provision, including whether supervision shall be provided in-
person, and whether a ``State-approved location'' shall be a set 
geographic point, or whether State agencies may be able to meet this 
requirement in a virtual or telephonic environment.
    In addition, the Department seeks comments on the various modes or 
approaches for providing supervised job search, including how State 
agencies and E&T providers would administer such programs in a physical 
location and how they might provide these services for E&T 
participants, such as those in rural areas, who may have challenges 
fulfilling their requirement on-site. Commenters are also asked to 
describe how other programs have implemented similar supervised job 
search programs and how SNAP E&T could align with those other programs 
within the bounds of the statutory changes made by the 2018 Farm Bill. 
The Department is only seeking comments on those various potential 
modes and approaches and does not intend to presuppose how supervision 
or State-approved location may be defined in the final rule.
    The Department seeks comments especially from State agencies and 
E&T providers on the ways in which this provision can best be 
implemented by State agencies choosing to provide supervised job search 
as a tool to move E&T participants toward improved employment outcomes. 
Particular questions include:
     State-approved locations: What types of locations would 
State agencies consider as State-approved locations (e.g., in a 
specific type of facility such as local SNAP office, an American Job 
Center, or the office of an E&T provider; an interactive website; or 
through an application on a mobile phone)? What criteria would State 
agencies consider when determining State-approved locations (e.g., ease 
of access for E&T participants; ability of the State agency to provide 
oversight of activities; cost to the State agency)? How would these 
different approaches affect the ability of E&T participants to access 
supervised job search activities and State agency administrative 
burden?
     Directly supervise participants: How might State agencies 
directly supervise E&T participants participating in supervised job 
search? What types of activities would State agencies include as part 
of this supervision (e.g., guiding E&T participants to increase the 
success of their job search; ensuring that E&T participants spend an 
appropriate number of hours searching for jobs to fulfill their work 
requirement, as applicable; or connecting E&T participants with other 
resources to improve their ability to gain employment)? What modes 
would State agencies consider to deliver this supervision (e.g., in-
person, text messages, chat rooms, or phone calls)? How would these 
different potential approaches affect the ability of E&T participants 
to access supervised job search activities and State agency 
administrative burden? How might different approaches impact E&T 
outcomes and move participants toward self-sufficiency through work?
     Tracking timing and activities of participants: How might 
State agencies track the timing and activities of E&T participants in 
supervised job search? What would the State agency track (e.g., number 
of job applications submitted to employers; number of hours spent 
searching for a job; or number of log-ins to a State-approved website)? 
What modes might State agencies consider to track the timing and 
activities of participants (e.g., in-person contacts; emails, phone 
calls, or text messages; or electronic sign-ins through State-approved 
websites or web-based applications)? How would these different 
potential approaches affect the ability of E&T participants to access 
supervised job search activities and State agency administrative 
burden?
    In addition, the Department seeks comments describing current job 
search programs operated as part of E&T programs or other workforce 
development programs that are directly supervised and where the timing 
and activities of participants are tracked by the State agency or 
providers. How are State agencies or providers providing this direct 
supervision and tracking the timing and activities of E&T participants? 
Do these programs require that the activities and supervision take 
place at a State-approved location? If so, how is location defined? 
What lessons learned can State agencies or their providers share to 
assist the Department in ensuring State agencies create supervised job 
search components that are accessible to E&T participants, particularly 
those in rural areas or who might otherwise have challenges accessing a 
physical location, that employ evidence-based strategies to move 
participants towards improved employment outcomes, and that effectively 
maximize all available State E&T resources?
    The Department recognizes that job search, supervised or otherwise, 
can be an important activity for E&T participants seeking employment or 
looking for a new job where they can apply the skills gained through 
E&T. The Joint Explanatory Statement of the Committee of Conference, 
issued with the Act, reinforced that view by stating that 
``unsupervised job search'' may be a ``subsidiary component'' for the 
purposes of meeting a work requirement, so long as it is less than half 
of the requirement.\1\ As a result, the Department proposes in 7 CFR 
273.7(e)(1)(i), redesignated as 7 CFR 273.7(e)(2)(i), that job search 
not meeting the definition of supervised job search (i.e., that does 
not meet all three of the following conditions: Takes place at a State-
approved location, is directly supervised, and the timing and 
activities of participants are tracked) can be a subsidiary activity of 
another E&T component as long as it makes up less than half of the 
total required time spent in that component. For E&T participants 
subject to the mandatory E&T requirement, this proposed rule would

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allow them to meet their mandatory E&T requirement through 
participation in an E&T component in which less than 50 percent of the 
time in the component is spent in job search, supervised or otherwise, 
or job search training. This would enable E&T participants who are 
engaged in such an E&T component to begin looking for a position while 
they are still in training and to have those hours count toward meeting 
their work requirement. The Department anticipates this flexibility 
would maximize the potential of E&T participants to build upon 
potential job connections gained while in the E&T component and 
increase the speed with which E&T participants can move into 
employment, while providing them sufficient time to transition from 
SNAP to self-sufficiency.
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    \1\ Conf. Rept. 115-1072, p. 617, https://www.congress.gov/115/crpt/hrpt1072/CRPT-115hrpt1072.pdf.
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    The Department proposes to make conforming changes throughout 7 CFR 
273.7(e)(1)(i), now redesignated as 7 CFR 273.7(e)(2)(i), to change 
references from ``job search'' to ``supervised job search.''
    The Department also proposes to modify regulations at 7 CFR 
273.7(e)(1), now redesignated as 7 CFR 273.7(e)(2), to specify that 
supervised job search and job search training programs provided through 
an E&T program cannot alone count as qualifying activities relating to 
the participation requirements necessary to maintain SNAP eligibility 
for ABAWDs. However, the current regulations at 7 CFR 273.7(e)(1) allow 
job search and job search training to count as qualifying activities 
when offered as a part of other E&T components, as long as those job 
search and job search training activities comprise less than half the 
total required time spent in the components. As stated previously, the 
Joint Explanatory Statement of the Committee of Conference states that 
``unsupervised job search'' may be a ``subsidiary component'' for the 
purposes of meeting a work requirement, so long as it comprises less 
than half of the requirement. As a result, the Department proposes that 
job search, whether it meets the definition of supervised job search or 
not, when offered as part of other E&T components, should continue to 
serve as an allowable way for ABAWDs to fulfill their work requirement, 
so long as the job search activities comprise less than half the total 
required time spent in the components. This change does not reflect a 
change from existing policy; rather, it is only intended to include 
supervised job search as a type of job search.
    Current regulations at 7 CFR 273.7(c)(6)(i) require State agencies 
to submit an E&T State Plan that provides details on the E&T components 
the State agency plans to provide, including cost information. The Act 
required State agencies to issue guidelines explaining how they intend 
to implement supervised job search programs. As a result, the 
Department proposes to modify regulations at 7 CFR 273.7(c)(6)(i) to 
specify that a State agency planning to offer supervised job search 
must include a summary of the guidelines established for supervised job 
search in its annual E&T State plan. At a minimum, the guidelines would 
need to specify: The locations of the State-approved sites; how they 
were selected as State-approved locations; and how the supervised job 
search component meets the statutory requirements to directly supervise 
the activities of participants and track the timing and activities of 
participants.
    Lastly, the Department proposes to make an update to the statutory 
citation in 7 CFR 273.7(e)(1), now redesignated as 7 CFR 273.7(e)(2), 
to indicate that the section in the FNA referring to work programs for 
ABAWDs is currently located in section 6(o)(1)(C). A similar change to 
update the statutory citation is made in 7 CFR 273.7(e)(1)(i), now 
redesignated as 7 CFR 273.7(e)(2)(i).

Employability Assessments

    Current regulations at Sec.  273.7(e)(1)(ii) permit the use of job 
skills assessments as part of a job search training component in a 
State's E&T program. The Act replaced job skills assessments in section 
6(d)(4)(B)(i)(II) of the FNA with ``employability assessments.'' The 
Department instructed State agencies in the March 6, 2019, 
Informational Memorandum on Farm Bill E&T that they must implement 
employability assessments in compliance with the new statutory 
requirements for FY 2020. The Department now proposes to incorporate 
this change into the regulations by modifying 7 CFR 273.7(e)(1)(ii), 
now redesignated as 7 CFR 273.7(e)(2)(ii), to remove the reference to 
job skills assessments and replace it with employability assessments.
    The Department notes that employability assessments are more 
comprehensive and provide a more in-depth assessment than job skills 
assessments. Employability assessments should help determine an 
individual's readiness for employment, which includes assessing a set 
of cross-cutting skills such as, applied academic, interpersonal, 
critical thinking, and communication skills, as well as barriers to 
work. Job skills assessments determine whether an individual has the 
skills appropriate for a specific job and may be one piece of an 
employability assessment. The information collected through 
employability assessments should be used, together with ongoing case 
management, to improve and individualize services to E&T participants, 
including matching them to appropriate components and identifying 
appropriate participant reimbursements that are reasonable and 
necessary for participation in an E&T component.

Removal of Job Finding Clubs

    Current regulations at 7 CFR 273.7(e)(1)(ii) include job finding 
clubs as an allowable activity under the job search training component. 
The Act modified the job search training component in section 
6(d)(4)(B)(i)(II) of the FNA to remove job finding clubs from the list 
of activities that can be included in a job search training program. 
The Department instructed State agencies in the March 6, 2019, 
Informational Memorandum on Farm Bill E&T that they must not include 
job finding clubs in their FY 2020 E&T programs. The Department now 
proposes to modify the regulation at 7 CFR 273.7(e)(1)(ii), now 
redesignated as 7 CFR 273.7(e)(2)(ii), to remove job finding clubs as 
an activity under the job search training component. The proposed 
regulation would state that a job search training program ``may consist 
of employability assessments, training in techniques to increase 
employability, job placement services, or other direct training or 
support activities, including educational programs determined by the 
State agency to expand the job search abilities or employability of 
those subject to the program.''
    The Department would like to clarify that State agencies have broad 
flexibility in the design of their job search training component and 
the specific activities that may be included in such a component. While 
job finding clubs are specifically eliminated as an allowable activity, 
other activities that increase the employability of participants are 
still permitted, such as State facilitated peer-to-peer learning 
opportunities or offering job search trainings in a group format, if 
the State agency determines such activities will expand the job search 
capabilities or employability of E&T participants.

Job Retention

    Current regulations at 7 CFR 273.7(e)(1)(viii) allow job retention 
services as an allowable E&T component. These regulations explain

[[Page 15308]]

that State agencies offering this component must provide no more than 
90 days of job retention services. The Act modified the job retention 
E&T component in section 6(d)(4)(B)(i)(VII) of the FNA to require that 
State agencies choosing to provide job retention services must offer a 
minimum of 30 days of services, but did not modify the existing 90 day 
statutory maximum for the receipt of job retention services. The 
Department instructed State agencies in the March 6, 2019, 
Informational Memorandum on Farm Bill E&T that any job retention 
services must be implemented in compliance with the new statutory 
requirements in FY 2020. The Department now proposes to modify the 
current regulations at 7 CFR 273.7(e)(2)(viii), as redesignated, to add 
a 30-day minimum for the receipt of job retention services. The 
proposed regulation would state that job retention services must be 
provided for a minimum of 30 days and no more than 90 days.
    For State agencies choosing to offer job retention services, 
providing at least 30 days of services ensures participants are 
supported during a period of time when they are most vulnerable. When 
individuals begin employment, they may need to make many adjustments in 
their lives, such as arranging day care, using new modes of 
transportation, or navigating the new work culture. Providing job 
retention services for these first few weeks would help facilitate the 
transition to employment and improve their long-term attachment to 
work. However, the Department understands that, for many reasons, it 
may be difficult for State agencies to maintain job retention services 
for a full 30 days due to circumstances outside of their control. For 
instance, a State agency may plan to provide 90 days of job retention 
services to a participant, but the participant becomes unreachable 
after 14 days, making the continued provision of job retention services 
unachievable.
    Given the importance of providing job retention services during the 
first few weeks of a new job, and the change in the statutory 
requirements, the Department proposes that State agencies offering this 
E&T component must make a good faith effort to provide job retention 
services for a minimum of 30 days to all job retention program 
participants. The Department proposes that this good faith effort 
should include, at a minimum, communicating the 30 day minimum to all 
job retention participants at enrollment in job retention services, and 
creating a case management plan for each job retention program 
participant that extends at least 30 days (and no more than 90 days). 
If a State agency demonstrates a good faith effort to provide job 
retention services for at least 30 days to a participant, the 
Department proposes that the activities supporting the good faith 
effort would satisfy the 30-day minimum requirement.

E&T Pilot Activities

    The Act provided the Secretary with discretion to allow programs 
and activities from the E&T pilots authorized under the Agricultural 
Act of 2014 (Pub. L. 113-79) (2014 Farm Bill) as regular E&T components 
in section 6(d)(4)(B)(i)(VIII). The Act specified that this 
determination must be based on the results from the independent 
evaluation of the 2014 Farm Bill E&T pilots showing which programs and 
activities have the most demonstrable impact on the ability of 
participants to find and retain employment that leads to increased 
household income and reduced reliance on public assistance. As a 
result, the Department proposes adding similar language to the 
regulations in a new paragraph at 7 CFR 273.7(e)(2)(ix) to create a new 
E&T component category. The Department would note that the independent 
evaluation of the 2014 Farm Bill E&T pilots is not yet completed; as a 
result, the Department is not yet able to specifically identify new E&T 
components from the 2014 Farm Bill E&T pilots.

Subsidized Employment and Apprenticeships

    Current regulations at 7 CFR 273.7(e)(1)(iv) describe a work 
experience program as a program designed to improve the employability 
of household members through actual work experience or training, or 
both, and to enable individuals employed or trained under such programs 
to move promptly into regular public or private employment. The Act 
added subsidized employment and apprenticeship in section 
6(d)(4)(B)(i)(IV) of the FNA as examples of allowable activities under 
a program designed to improve the employability of individuals through 
actual work experience or training (i.e., a work experience program). 
The Department instructed State agencies in the March 6, 2019, 
Informational Memorandum on Farm Bill E&T that they may offer 
apprenticeships in FY 2020. The Department now proposes to modify the 
regulation at 7 CFR 273.7(e)(1)(iv), now redesignated as 7 CFR 
273.7(e)(2)(iv), to convey the types of activities allowable as part of 
a SNAP E&T work experience component. The Department also proposes 
amending 7 CFR 273.7(d)(1)(ii)(A) to allow E&T funds to be used to 
subsidize the wages of E&T participants.
    To implement the changes made by the Act, the Department proposes 
several changes to the regulations at 7 CFR 273.7(e)(1)(iv), now 
redesignated as 7 CFR 273.7(e)(2)(iv). The changes would better align 
the definition of a work experience program and activities with other 
Federal workforce development programs, and would delineate work 
experience programs into two sets of activities--work activities and 
work-based learning. First, the Department proposes incorporating the 
Department of Labor's definition of work experience under WIOA into the 
E&T definition of work experience. Department of Labor regulations at 
20 CFR 680.180 define work experience as a planned, structured learning 
experience that takes place in a workplace for a limited period of 
time. Second, the Department proposes to delineate the two sets of work 
experience program activities noted above: Work activity and work-based 
learning. In defining a work activity, the Department proposes to 
incorporate part of the definition of a work experience program from 
the Temporary Assistance for Needy Families (TANF) program (see 45 CFR 
261.2), as the Department considers this part of the TANF definition of 
work experience to be comparable to a work activity in E&T. According 
to this new E&T definition, a work activity that is performed in 
exchange for SNAP benefits would provide the individual with an 
opportunity to acquire the general skills, knowledge, and work habits 
necessary to obtain employment. The purpose is to improve the 
employability of those who cannot find unsubsidized full-time 
employment. The Department's goal in adopting these definitions is to 
align E&T programs with programs offered through other partners, so as 
to streamline service delivery across programs, better facilitating 
State agencies' delivery of their E&T programs through their statewide 
workforce development systems to the greatest extent possible.
    Third, the Department proposes to use the definition of work-based 
learning included in Perkins V (Pub. L. 115-224). Perkins V defines the 
term ``work-based learning'' as ``sustained interactions with industry 
or community professionals in real workplace settings, to the extent 
practicable, or simulated environments at an educational institution 
that foster in-depth, firsthand engagement with the tasks required in a 
given career field, that are aligned to curriculum and instruction'' 
(20 U.S.C.

[[Page 15309]]

2302). Among other activities, work-based learning includes 
apprenticeships and subsidized employment, which were specifically 
added by the Act, and may also include instruction in a classroom 
setting. Work-based learning emphasizes employer engagement, includes 
specific training objectives, and is expected to lead to regular 
employment. Because most SNAP participants cannot afford to leave the 
labor market while they increase their skills, paid work-based learning 
can be a useful strategy to help them gain skills while also meeting 
their immediate need to earn income. Ideally, work-based learning 
should lead to the attainment of industry-recognized certificates or 
credentials, and should be explicitly linked to increased earnings. 
Examples of work-based learning models include, but are not limited to, 
internships, apprenticeships, pre-apprenticeships, customized training, 
transitional jobs, incumbent worker training, and on-the-job training. 
While paid work based learning can be useful, as noted, work based 
learning can include both subsidized and unsubsidized employment 
models. The Department also proposes to make a conforming change to 
existing 7 CFR 273.7(d)(1)(ii)(A) to strike language that E&T funds 
cannot be used to subsidize the wages of participants, since subsidized 
employment is an allowable E&T work experience program activity.
    Work-based learning is a workforce development best practice, and 
work-based learning programs are increasingly available through States' 
statewide workforce development systems. The Department strongly 
encourages State agencies interested in incorporating work-based 
learning activities into their E&T programs to work with their State 
Departments of Labor, American Job Centers, Perkins Career and 
Technical Education (CTE) providers, and other stakeholders, such as 
community colleges and community-based organizations, to capitalize on 
existing work-based learning infrastructure and services. State 
agencies choosing to include work-based learning as part of their E&T 
programs should ensure that the activities are implemented in a manner 
that is consistent with applicable Federal requirements and 
regulations.
    When designing work-based learning activities as part of an E&T 
program, State agencies should be cognizant of the fact that section 
5(d) of the FNA requires that, for the purposes of determining 
eligibility, household income must include all income from any source, 
including subsidized wages earned through E&T, that is not otherwise 
excluded in the FNA or any other Federal statute. FNS is not aware of 
any existing laws that would allow income from subsidized employment to 
be excluded when determining eligibility for SNAP. The State agency 
should consider and, as a best practice, advise participants of whether 
earnings from a work-based learning activity under an E&T program could 
potentially decrease the amount of SNAP benefits they receive or make 
their household ineligible for SNAP, and by extension, E&T, depending 
on their circumstances.
    The Department would note that, in accordance with section 
6(d)(4)(B)(i)(IV)(aa) and (bb) of the FNA and 7 CFR 273.7(e)(1)(iv)(A) 
and (B), redesignated as 7 CFR 273.7(e)(2)(iv)(B)(1) and (2), a work 
experience component must be consistent with the Fair Labor Standards 
Act (FLSA), should not replace an existing employee or position, and 
should provide participants with the same benefits and opportunities as 
anyone else doing a substantially similar job.

WIOA Programs

    Current regulations at 7 CFR 273.7(e)(1)(v) describe the following 
E&T component: ``a project, program or experiment such as a supported 
work program, or a WIA [Workforce Investment Act] or State or local 
program aimed at accomplishing the purpose of the E&T program.'' While 
the Act did not address this provision, the Department would like to 
use this rule-making opportunity to clarify in the regulations the 
relationship between WIA (the predecessor to WIOA), or State or local 
programs, and the E&T program. The Department notes that ``WIA or State 
or local program'' has never been listed as a separate component in the 
FNA, but that the Department originally included ``WIA or State or 
local program'' as a separate component in the regulations to signal 
that these programs can be included in a State's E&T program. With the 
changes made by the Act to include subsidized employment and 
apprenticeships as allowable activities in E&T programs, all activities 
operated under WIOA are now allowable within other E&T components. 
Similarly, any services offered by the State agency or through State or 
local programs can be included in one of the other E&T components. The 
Department has found that listing ``WIOA or State or local program'' as 
its own separate component category in the regulations implies that 
State agencies should not use the other more descriptive component 
categories when they report on WIOA, or State or local programs in 
their E&T programs. The Department has provided guidance to State 
agencies about using other more descriptive E&T component categories, 
but is now proposing to codify this as a regulatory requirement by 
removing the reference to WIA. Therefore, the Department proposes to 
strike ``or a WIA or State or local program'' from the regulatory 
language at 7 CFR 273.7(e)(2)(v), as now redesignated. It is important 
to note that, in proposing this change, the Department is not intending 
to convey that programs operated under WIOA would be unallowable as E&T 
activities, in fact, all would be allowable and coordination would be 
encouraged.

Case Management

    Current regulations at 7 CFR 273.7(c)(4) establish the requirement 
that each State agency must design and operate an E&T program that must 
consist of one or more E&T components as described in 7 CFR 
273.7(e)(1). The Act modified the definition of an E&T program in 
section 6(d)(4)(B)(i) of the FNA to require that each State E&T program 
must also provide case management services, such as comprehensive 
intake assessments, individualized service plans, progress monitoring, 
or coordination with service providers, in addition to at least one E&T 
component. The Department instructed State agencies in the March 6, 
2019, Informational Memorandum on Farm Bill E&T that they must offer 
case management to all E&T participants in FY 2020. The Department now 
proposes to modify the regulation at 7 CFR 273.7(c)(4) to add that 
State agencies must offer case management services as part of their E&T 
programs. The Department also proposes to modify the regulations at 7 
CFR 273.7(e) to add a new paragraph (e)(1), stating that case 
management services are a required part of all State E&T programs, and 
to provide examples from the Act of case management services. In 
addition, the Department proposes various changes to the definitions in 
7 CFR 271.2 to reflect the inclusion of case management services in the 
E&T program.
    The Department believes that, in order to best move SNAP 
participants toward self-sufficiency, State agencies should connect E&T 
participants to programs and activities that best meet their employment 
needs, while supporting participants as they overcome challenges to E&T 
program completion and employment success. The provision of case 
management services is an opportunity for State agencies to increase 
their accountability to E&T participants by expanding their use of 
tools and resources to ensure all

[[Page 15310]]

E&T participants are successfully supported as they move through an E&T 
program. The Department recognizes that State agencies may have many 
approaches to offering case management, depending on resources and the 
structure of the E&T program in the State. State agencies may also 
adopt different modes for the delivery of these services (e.g., 
virtual, over the telephone, in-person, or hybrid approaches) and may 
employ different staffing arrangements for case managers (e.g., State 
agency staff, community-based organizations, or contractors). No matter 
the approach, the Department encourages State agencies to provide case 
management services that ensure individuals are assessed and placed in 
appropriate activities, and are provided the individualized and on-
going guidance and support they need in order to be successful. The 
Department also encourages State agencies to provide case management 
services that are aligned with best practices in workforce development 
and human services.
    While the Department proposes that State agencies have flexibility 
in the types of case management services offered, the provision of case 
management services should generally be consistent with the examples 
provided in the Act, and the State agency should be able to demonstrate 
how the case management service is supporting an individual to 
successfully participate in E&T. As stated in the Joint Explanatory 
Statement (Conf. Rept. 115-1072, p. 617), the requirement for case 
management services is not intended to be an impediment to the State 
agency nor to the E&T participant. As a result, the Department is 
proposing regulatory language at 7 CFR 273.7(e)(1), stating that the 
provision of case management services must not be an impediment to the 
participant's successful participation in E&T. Similarly, the 
Department stands ready to offer technical assistance to State agencies 
to assist in developing case management services that align with State 
agency priorities, resources, the needs of local participants, and best 
practices, while meeting the Act's requirement to provide these 
services to all E&T participants.
    In accordance with the Act, the Department also proposes that State 
agencies must provide all E&T participants with case management 
services, along with at least one E&T component. The Department 
proposes that the type and frequency of case management services 
provided to E&T participants may vary by E&T participant, depending on 
the needs of the E&T participant, and resources of the State agency, 
and the entities providing case management services (e.g., State Agency 
office, community-based organizations, contractor, etc.) within the 
State. As a best practice, the Department notes that case management 
should be an ongoing activity that must enhance the participant's 
ability to participate and complete the E&T component to which they are 
assigned. Case management should not be limited to initial intake 
activities and should occur as the E&T participant progresses through 
the E&T program. As such, case management should be tailored to the 
needs of the individual, and be adaptable to the individual's changing 
support requirements.
    Since case management services are now a required part of all E&T 
programs, and because Congress requested in the Joint Explanatory 
Statement to include case management in E&T State plans (Conf. Rept. 
115-1072, p. 617), the Department proposes to also require State 
agencies to include a description of the case management services they 
intend to offer as part of their E&T State plan. The Department 
proposes in new 7 CFR 273.7(c)(6)(ii) that State agencies include 
information about case management operations, including a description 
of their case management services and models, the cost for providing 
the services, how participants will be referred to case management, how 
the participant's case will be managed, who will provide services, and 
how the service providers will coordinate with E&T providers, the State 
agency, and other community resources, as appropriate.
    As a result of the requirement that all E&T participants receive 
case management services, the Department also proposes adding or 
updating several definitions related to E&T. First, the Department 
proposes to update the definition of an Employment and Training (E&T) 
program to indicate that E&T programs must consist of case management 
and at least one E&T component. Second, the Department proposes to 
revise the definition of an Employment and Training (E&T) mandatory 
participant to update the statutory citation and to indicate these 
individuals are required to participate in E&T. Third, the Department 
proposes a definition of Employment and Training (E&T) voluntary 
participant as a SNAP applicant or recipient who volunteers to 
participate in an Employment and Training (E&T) program. Fourth, the 
Department proposes to add the definition of an Employment and Training 
(E&T) participant as an individual that meets the definition of either 
a mandatory or voluntary E&T participant. Fifth, the Department 
proposes to revise the definition of an Employment and Training (E&T) 
component to update the statutory citation contained within the 
definition. And sixth, the Department proposes to delete the definition 
of Placed in an employment and training program as this terminology no 
longer applies to the current structure of E&T programs.
    To reconcile the new structure of E&T programs, to include both 
case management and one or more E&T components, and to incorporate the 
new E&T definitions within the current regulations, the Department 
proposes the following regulatory changes. Title 7 CFR 273.7(c)(2) 
would be simplified to indicate that when the State agency screens an 
individual and determines it appropriate to require the individual to 
participate in an E&T program, the State agency must refer that 
individual to the E&T program, newly defined as consisting of case 
management and at least one E&T component. This referral process may 
vary from State to State and from participant to participant, but in 
all cases, the E&T participant must receive both case management 
services and at least one E&T component, and the State agency must 
determine how a participant progresses through these required elements 
of an E&T program. For example, the State agency could choose to first 
refer individuals required to participate in E&T to case management 
services, rather than refer them directly to an E&T component. The case 
manager would then determine the most appropriate E&T component for the 
E&T participant and make the referral to that component. In another 
example, the State agency could refer the individual directly to an E&T 
component, and the provider of that component would provide the case 
management services. In other situations, the State agency could refer 
the individual initially to both case management services and an E&T 
component provided by separate entities.
    The new proposed regulatory text would also more clearly make a 
distinction between when the State agency determines an individual is 
required to participate in E&T (i.e., the determination) and when an 
individual is referred to E&T (i.e., the referral). While these two 
steps may often occur closely in time, the Department would like to 
clarify that it is at the point the State agency determines an 
individual is required to participate in E&T that an individual becomes 
a mandatory E&T participant. It is the State agency's

[[Page 15311]]

responsibility to ensure all mandatory E&T participants are referred to 
the E&T program in a timely manner and that there is an appropriate and 
available opening in the E&T program. If there is not an appropriate or 
available opening in the E&T program for a mandatory participant, the 
Department proposes that the State agency must determine that a 
mandatory participant has good cause for failure to participate in an 
E&T program and not sanction the participant, as discussed later in 
this preamble in the section titled State agency accountability for 
participation in an E&T Program and good cause.
    The Department also proposes changes to 7 CFR 273.7(e)(4), as 
redesignated, to indicate that, when a State agency determines the 
maximum amount of time an E&T participant may spend in an E&T program, 
the calculation must include time spent in case management in addition 
to time spent in E&T components and workfare. Other conforming changes 
include changes to 7 CFR 273.7(d)(4)(v) and (f)(6).

Referral of Individuals

    Section 4005 of the Act added a new requirement for State agencies 
regarding any E&T participant, not otherwise exempted from the work 
requirement, who is determined by the operator of an E&T component to 
be ill-suited to participate in that E&T program component. For 
individuals determined to be ill-suited, the Act required the State 
agency to do the following: (1) Refer the individual to an appropriate 
E&T component; (2) refer the individual to an appropriate workforce 
partnership, if available; (3) re-assess the individual's physical and 
mental fitness; or (4) to the maximum extent practicable, coordinate 
with other Federal, State, or local workforce or assistance programs to 
identify work opportunities or assistance for the individual. During 
this time, the State agency shall ensure that an individual undergoing 
and complying with the process above shall not be found to have refused 
without good cause to participate in an E&T program. This new 
requirement was added at new section 6(d)(4)(O) of the FNA. The 
Department proposes to codify this new requirement in a new paragraph 
at 7 CFR 273.7(c)(18). The Department believes that this new provision 
was intended by Congress to increase the accountability of State 
agencies for their E&T programs, particularly when State agencies 
require participation in E&T. While State agencies are already required 
to develop State criteria to determine who should be required to 
participate in E&T, State agencies often do not apply sufficient due 
diligence to ensure the SNAP participants who are referred to the E&T 
program have the capacity to benefit from that training, and that the 
particular component to which they are referred matches the SNAP 
participant's needs and skill level. Unfortunately, in these 
situations, SNAP participants referred to an E&T program may fail to 
benefit from the program, and ultimately could be disqualified for 
failure to participate. This new provision strives to strengthen State 
accountability for their E&T programs by requiring State agencies take 
additional steps to ensure SNAP participants subject to this provision 
receive the targeted help they need to move toward self-sufficiency. 
The Department proposes several new processes to implement the 
provision, as discussed below.
    Consistent with section 4005 of the Act, the proposed regulation in 
new 7 CFR 273.7(c)(18)(i) would provide the authority to the E&T 
provider to determine if an individual referred to or participating in 
an E&T component is ill-suited for that E&T component. For the purposes 
of this provision, an E&T provider is understood as the provider of an 
E&T component. While some E&T providers may provide other E&T services 
like case management, only E&T providers that offer at least one E&T 
component would have the authority to determine if an individual is 
ill-suited to participate in that component. The proposed regulation 
would also require the State agency to ensure E&T providers are 
informed of their authority to determine what constitutes being ill-
suited for a particular E&T component. The Department believes that the 
authority for determining if an individual is ill-suited for a 
particular E&T component should rest primarily with the E&T provider of 
that component as they generally set the criteria for who they serve in 
their E&T program and are in the most appropriate position to determine 
if a particular individual will be successful, given the requirements 
of the program. However, the State agency still has the responsibility 
to properly screen individuals for participation in an E&T program and 
refer individuals to an appropriate component. The State agency would 
also be responsible for overseeing the E&T provider and ensuring that 
the ill-suited determinations that are made are reasonable and 
nondiscriminatory. The Department proposes that E&T providers have the 
authority to determine if an individual is ill-suited for an E&T 
component from the time the individual is referred by the State agency 
until the individual completes the component.
    When a determination of ill-suited has been made, the proposed rule 
in new 7 CFR 273.7(c)(18)(i)(A) would require the E&T provider to 
notify the State agency as soon as possible. The State agency would be 
expected to establish procedures, including system enhancements, with 
their E&T providers to ensure this notification occurs promptly, so 
that the State agency can notify the individual and determine 
appropriate next steps for the individual with an ill-suited 
determination (i.e., re-screening the individual for physical and 
mental fitness; referring the individual to a different E&T component 
or to a workforce partnership; or identifying other work opportunities 
or assistance). The State agency may also proactively contact E&T 
providers for information about any ill-suited determinations that have 
occurred or may have occurred, but about which notification has not yet 
been provided by the E&T provider to the State agency.
    The Department also proposes that, when the E&T provider notifies 
the State agency of an ill-suited determination for an individual, the 
E&T provider also include the reason for the ill-suited determination. 
Providing the reason would assist the State agency in determining the 
most appropriate next step for such an individual. If an E&T provider 
fails to notify the State agency of an ill-suited determination and/or 
does not provide the reason, and the State agency learns in another way 
of the ill-suited determination, perhaps from the SNAP participant or a 
case manager, the State agency should follow-up with the E&T provider 
to obtain this information. If the State agency is unable to obtain the 
reason for the ill-suited determination from the E&T provider, the 
State agency must continue to act on the ill-suited determination as 
described later in this section and proposed for 7 CFR 273.7(c)(18)(i) 
and (ii).
    While the authority to determine if an individual is ill-suited for 
a particular E&T component would rest with the E&T provider, State 
agencies could engage in a discussion with E&T providers about the 
factors that constitute ill-suited determinations for a particular E&T 
component. As a best practice, State agencies should be consistently 
working with their E&T providers to understand the characteristics of 
individuals who would be most successful in their programs so that, to 
the maximum extent practicable, the State agency

[[Page 15312]]

could make appropriate referrals and reduce the number of individuals 
who are referred to E&T components for which they are ill-suited. In 
particular, this information could be used by the State agency when 
screening individuals to determine if it is appropriate to refer them 
to an E&T program and, if it is appropriate, the information could be 
used to assist the State agency, including case managers, in referring 
individuals to the specific E&T component where they would most likely 
be successful. State agencies might consider incorporating information 
they glean from E&T providers about factors that are most likely to 
signal success in an E&T component into more specific State agency 
criteria to be used when determining if an individual should be 
required to participate in E&T. The Department stresses that it is the 
responsibility of the State agency to do a thorough screening of 
individuals to determine if the individual is exempt from the general 
work requirement or if it is appropriate to refer them to an E&T 
program or particular E&T component. It is not the E&T provider's 
responsibility to determine if an individual is exempt from the general 
work requirements or meets State criteria for referral to an E&T 
program or specific component. However, the Department would also like 
to note that nothing precludes the E&T provider from communicating with 
the State agency to aid the State agency in its determination of 
whether an individual is exempt from the general work requirements.
    Once the State agency receives a notification from the E&T provider 
that an individual has been determined ill-suited for an E&T component, 
proposed 7 CFR 273.7(c)(18)(i)(A) would require the State agency to 
send as soon as possible a Notice of E&T Participation Change (NETPC) 
to the household member. The NETPC should inform the individual of the 
ill-suited determination. If the individual with the ill-suited 
determination is an ABAWD, the NETPC should also explain that, 
regardless of the ill-suited determination, the ABAWD would begin to 
accrue countable months toward their 3-month participation time limit 
as of the date of the notice unless the ABAWD fulfills the work 
requirement in accordance with 7 CFR 273.24. Lastly, the NETPC should 
provide contact information for the E&T program. The Department seeks 
comments regarding if and how the Department should more specifically 
regulate the timing of this notice, and any additional information the 
Department should include in the final regulations regarding 
information printed in the NETPC. The Department also seeks comments on 
any additional language the Department should include in the final rule 
addressing required actions the State agency would be expected to take 
following the notice being sent, including if the final rule should 
specify when the State agency would be expected to take one of the four 
actions described below (e.g., within 30 days, at the next 
recertification, etc.), and how to ensure an individual with an ill-
suited determination is moved into a more suitable activity as soon as 
reasonably possible.
    In accordance with the Act, the proposed rule would also require 
the State agency, in proposed 7 CFR 273.7(c)(18)(i)(B), to take the 
most appropriate of the following four actions for an individual who 
has been determined ill-suited and is not exempt from the general work 
requirement: (1) Refer the individual to an appropriate E&T program 
component; (2) refer the individual to an appropriate workforce 
partnership, if available; (3) reassess the physical and mental fitness 
of the individual; or (4) coordinate, to the maximum extent 
practicable, with other Federal, State, and local workforce or 
assistance programs to identify work opportunities or assistance for 
the individual. Additional information about each of these actions is 
provided below. The Department also notes that decisions about the most 
appropriate of the four actions to take for an individual with an ill-
suited determination is an eligibility function; however, eligibility 
staff making this decision may consult with E&T case managers and E&T 
providers to gather important E&T case information about the individual 
with an ill-suited determination to inform their decision.
    A State agency may choose to refer the just determined ill-suited 
individual to a more appropriate E&T program component. However, before 
a State agency refers an individual to an appropriate E&T program 
component, the proposed rule at 7 CFR 273.7(c)(18)(i)(B)(1) would 
require the State agency to screen the individual in accordance with 
the existing regulation at 7 CFR 273.7(c)(2) to determine if the 
individual meets State agency criteria for participation in the E&T 
program. The requirement applies even when individuals were previously 
screened, as their circumstances may have changed. If appropriate, the 
State agency should then refer the individual to an E&T program 
component, and case management according to the State's E&T procedures. 
If the individual does not meet State agency criteria for participation 
in the E&T program, the individual should not be required to 
participate in the E&T program. The Department also recognizes that 
there may be circumstances where an individual seemingly meets State 
agency criteria for participation in E&T, but identification of other 
work opportunities or assistance (i.e., the fourth available action 
under this provision) or informing the individual about voluntary 
participation in a workforce partnership (i.e., the second available 
action under this provision) would be more appropriate for the 
individual. In this situation, the Department would encourage State 
agencies to consider exempting the individual from E&T, as permitted by 
section 6(d)(4)(D) of the FNA and 7 CFR 273.7(e)(2) (redesignated as 
Sec.  273.7(e)(3)), identifying other work opportunities or assistance, 
or informing the individuals about voluntary workforce partnerships. 
The Department proposes these clarifications to ensure that an 
individual who has already been found ill-suited for one E&T component 
is not cycled through additional E&T components that may also not 
provide the appropriate foundation to move the individual toward self-
sufficiency. The Department also believes this approach would allow the 
State agency to best match limited E&T resources with participants of 
suitable backgrounds and career interests, and reduce the confusion 
that multiple unsuccessful E&T referrals can create for individuals 
with significant barriers to employment.
    If the State agency has one or more workforce partnerships 
available in the State, the State agency could choose to refer an 
individual, if appropriate, to a workforce partnership. As proposed, 7 
CFR 273.7(c)(18)(i)(B)(2) explains how the State agency would need to 
ensure the workforce partnership meets the requirements in proposed 7 
CFR 273.7(n), and that the referral be conducted in accordance with 
these requirements. In particular, and in accordance with the Act, the 
proposed regulation at 7 CFR 273.7(n)(9) states that no individual can 
be required to participate in a workforce partnership. Pursuant to 
these requirements, the Department proposes that before an individual 
is referred to a workforce partnership, the State agency would first 
need to provide information to assist the individual in making an 
informed decision about participation in the workforce partnership. If 
the individual determines he or she would like to

[[Page 15313]]

participate, the State agency would make the referral to the workforce 
partnership. If the individual determines he or she would not like to 
participate in the workforce partnership, then the State agency would 
need to consider one of the other three actions available in this 
section. Lastly, the Department proposes in 7 CFR 273.7(n)(6) that 
individuals subject to mandatory E&T requirements, who choose to 
participate in a workforce partnership, would need to be considered by 
the State agency to be fulfilling the mandatory E&T requirement.
    The third action available to the State agency when deciding next 
steps for an individual who has been found ill-suited would be to 
reassess the physical and mental fitness of the individual, as proposed 
in 7 CFR 273.7(c)(18)(i)(B)(3). The Department proposes that this 
reassessment could be part of a broader reassessment of any exemptions 
from the general work requirement in existing regulations at 7 CFR 
273.7(b). If an individual is not found physically or mentally fit, the 
individual should be exempted from the general work requirement. If the 
individual is found mentally and physically fit, and the State agency 
determines the individual is not otherwise exempt from the general work 
requirements, the State agency would be expected to consider one of the 
other available actions in this provision that would most likely lead 
to increased self-sufficiency for the individual.
    The fourth action available to the State agency would be to 
coordinate with other Federal, State, or local workforce or assistance 
programs to identify work opportunities or assistance for the 
individual, as proposed in 7 CFR 273.7(c)(18)(i)(B)(4). The Department 
proposes that the State agency have broad discretion in identifying 
other workforce or assistance programs that would provide the most 
appropriate services to the individual to move them toward self-
sufficiency, including tribal workforce or assistance programs, with 
the qualification that these other programs are not included in the E&T 
State plan. Likewise, since the other work opportunities or assistance 
programs identified in 7 CFR 273.7(c)(18)(i)(B)(4) are not SNAP E&T 
programs, the State agency cannot require an individual to participate 
in programs under 7 CFR 273.7(c)(18)(i)(B)(4) as a way to fulfill their 
mandatory E&T participation requirement, nor would participation in 
such a program fulfill the individual E&T requirement. If the State 
agency determines it is appropriate to require an individual to 
participate in SNAP E&T, the State agency should refer the individual 
to an E&T program in accordance with 7 CFR 273.7(c)(18)(i)(B)(1) or, at 
the option of the individual, to a workforce partnership in accordance 
with 7 CFR 273.7(c)(18)(i)(B)(2). As stated previously, the State 
agency should strongly consider whether it would be appropriate to 
require an individual to participate in a new E&T component, if that 
individual has already been found ill-suited for a previous E&T 
component. Exempting the individual from E&T and identifying well-
targeted programs under 7 CFR 273.7(c)(18)(i)(B)(4) could better 
prepare an individual to overcome barriers to training and employment 
in some circumstances than referral to another E&T component. In 
addition, while the Department proposes that State agencies have broad 
discretion in identifying other work opportunities or assistance 
programs, there would need to be a connection between these other 
programs and the workforce needs and interests of the individual.
    The Act also requires that individuals undergoing and complying 
with the ill-suited process shall not be found to have refused without 
good cause to participate in an E&T program. As such, the Department 
proposes in new 7 CFR 273.7(c)(18)(ii) that, from the time an E&T 
provider determines an individual is ill-suited for an E&T component 
until after the State agency takes one of the four actions in 7 CFR 
273.7(c)(18)(i)(B), the individual would not be found to have refused 
without good cause to participate in an E&T program. In other words, 
the individual cannot be disqualified for failure to comply with 
mandatory E&T from the time the individual is determined to be ill-
suited until after the State agency takes one of the four actions in 7 
CFR 273.7(c)(18)(i)(B) and the individual subsequently refuses or fails 
to comply without good cause. On the other hand, regardless of the 
process described above, from the time an E&T provider makes an ill-
suited determination, an ABAWD would continue to accrue countable 
months toward their 3-month participation time limit unless the ABAWD 
fulfills the work requirement in accordance with 7 CFR 273.24.
    The Department is also proposing revisions to other paragraphs in 7 
CFR 273.7 to conform with the requirements of the ill-suited process 
described in proposed 7 CFR 273.7(c)(18)(i) and (ii). The Department 
proposes to add language to existing 7 CFR 273.7(c)(3) and (e) to 
indicate that mandatory E&T participants who are determined ill-suited 
shall not be found to have refused without good cause to comply with a 
mandatory E&T program from the time an E&T provider determines an 
individual is ill-suited for an E&T component until after the State 
agency takes one of the four actions in 7 CFR 273.7(c)(18)(i)(B).
    At several points in this section, the Department has proposed how 
the ill-suited determination and subsequent State actions specifically 
affect mandatory E&T participants. The Department notes that all the 
regulatory measures discussed in this section also apply to voluntary 
E&T participants who are not exempt from the general work requirements, 
unless otherwise specified. For example, the Department would require 
State agencies to work with their E&T providers to ensure E&T providers 
notify the State agency when voluntary E&T participants are determined 
ill-suited for an E&T component, and that the State agency would send 
voluntary E&T participants a NETPC in accordance with the proposed 
regulations and take the most appropriate action among the four 
available State options. As a reminder, voluntary E&T participants are 
not subject to disqualification for refusal or failure to participate 
in E&T, in accordance with current 7 CFR 273.7(e)(4)(ii), redesignated 
as 7 CFR 273.7(e)(5)(ii).

State Agency Accountability for Participation in an E&T Program and 
Good Cause

    The Act introduced several new provisions that emphasize State 
agencies' responsibilities to build E&T programs that are well-targeted 
to E&T participants' needs and support E&T participants as they engage 
with those programs. Two of those provisions in particular--referral of 
individuals with an ill-suited determination and the requirement to 
provide case management--highlight the State agency's responsibility to 
provide on-going services and support to all SNAP recipients in E&T, 
and to ensure that those recipients are matched to services for which 
they are well-suited. While it has long been the State agency's 
responsibility to appropriately screen individuals for work exemptions 
and exemptions from mandatory E&T, to determine if it is appropriate to 
refer them to an E&T program, and to provide a real opportunity for 
mandatory E&T participants to meet their E&T requirement, changes made 
to E&T by the Act strengthen these requirements and State agency 
accountability.
    To be clear, the Department does not believe the new authority of 
E&T

[[Page 15314]]

providers to determine if an individual is ill-suited for their E&T 
component, as provided for by the Act, and the addition of case 
management as a required service for all E&T participants absolves the 
State agency from doing a thorough initial screening to ensure it is 
appropriate to require an individual to participate in an E&T program. 
Existing statutory and regulatory language clearly indicate that the 
State agency has primary responsibility for the design and operation of 
their E&T program, which may include agreements with one or more E&T 
providers who may provide case management, E&T components, or other 
activities as outlined in the E&T State plan. While State agencies may 
choose the method of delivery that best meets their operational needs, 
the Department emphasizes the State agency retains responsibility for 
their E&T program. For example, if the State agency were to require an 
individual to participate in an E&T program when in fact it was not 
appropriate to do so, the State agency has the responsibility to take 
the appropriate action when the State agency later learns the 
individual was ill-suited for an E&T component or the individual should 
not have been required to participate in E&T because they meet an 
exemption from mandatory E&T. In fact, the State agency could obtain 
new information at several points in the process after the State agency 
makes the determination to require an individual to participate in E&T, 
but before or shortly after the individual actually engages with an E&T 
component. For example, a State agency may determine an individual is a 
mandatory E&T participant and refer that individual to an E&T case 
manager (e.g., a State agency staff, a community based organization, or 
a contractor) who conducts an intake and assessment to determine which 
E&T component is an appropriate fit for the individual. If during this 
process, it is discovered that the participant in fact meets a 
criterion for exemption from the mandatory E&T program, the Department 
proposes the E&T case manager must inform State agency eligibility 
staff and, if the State agency determines the participant does in fact 
meet an exemption, the individual would then be exempted from mandatory 
E&T by the State agency. The Department proposes in 7 CFR 273.7(e)(1), 
as redesignated, to add the requirement that E&T case managers must 
inform the appropriate staff within the State agency regarding possible 
mandatory E&T exemptions for a mandatory E&T participant receiving 
their case management services. The State agency would then determine 
if an exemption in fact exists, and exempt the individual from 
mandatory E&T, if appropriate. Similarly, if an E&T provider of an E&T 
component determines an individual is ill-suited for the E&T component, 
the State agency must determine the appropriate next step for the 
individual, as discussed in the previous section of the Preamble and in 
proposed 7 CFR 273.7(c)(18)(i).
    The Department also believes that it is the State agency's 
responsibility to build an E&T program that can accommodates all 
mandatory E&T participants. In situations where there is not an 
appropriate and available opening for a mandatory E&T participant in 
the E&T program, the Department does not believe that the mandatory E&T 
participant should be disqualified for failing to comply with the E&T 
requirement, as the lack of an appropriate and available opening in an 
E&T program is beyond the E&T participant's control. As a result, the 
Department proposes adding to the definition of good cause to encompass 
such circumstances, so that the individual will not be disqualified for 
refusal or failure to comply with the mandatory E&T requirement. The 
Department proposes that the period of good cause would extend until 
the State agency identifies an appropriate and available opening in the 
E&T program, and the State agency informs the SNAP participant of such 
an opening. Ideally, if there is not an appropriate and available 
opening in the E&T program, the State agency should exempt the 
individual from mandatory E&T under the discretion provided to State 
agencies in 7 CFR 273.7(e)(2), redesignated as 7 CFR 273.7(e)(3). 
However, in the absence of such a State agency exemption, if an 
individual is required to participate in E&T and there is no 
appropriate and available opening in an E&T program for the mandatory 
E&T participant, the Department now further proposes that the State 
agency must determine that the failure to participate in E&T was with 
good cause. In situations where it is the E&T case manager who is 
unable to identify an appropriate and available opening in an E&T 
component, the Department proposes that the E&T case manager must 
provide this information to the appropriate State agency staff with the 
authority to make the determination regarding good cause. 
Alternatively, at this point, the State agency could determine that it 
is no longer appropriate to require participation, and exempt the 
individual from participation in E&T.
    To codify this new criteria for good cause, the Department proposes 
to add new Sec.  273.7(i)(4) to define good cause to include 
circumstances where the State agency determines that there is no 
appropriate and available opening in the E&T program to accommodate a 
mandatory E&T participant. In addition, the Department proposes in 7 
CFR 273.7(c)(2) that, if there is not an appropriate and available 
opening in an E&T program for a mandatory participant, the State agency 
must determine the participant has good cause for failure to comply 
with the mandatory E&T requirement in accordance with 7 CFR 
273.7(i)(4). The Department also proposes in 7 CFR 273.7(e)(1), as 
redesignated, that case managers must inform the appropriate staff in 
the State agency if they are unable to identify an appropriate and 
available E&T component for a mandatory E&T participant. The Department 
would provide oversight, under existing authority, including management 
evaluations and review of E&T State plans, to determine if State 
agencies with mandatory E&T programs are operating programs with an 
appropriate and sufficient number of openings, and would provide 
ongoing technical assistance to State agencies to assist those facing 
challenges in appropriately serving all mandatory participants through 
effective E&T programs.
    The Department notes that this proposed new form of good cause 
would only apply to mandatory E&T participants, and would not provide 
all ABAWDs with good cause for failure to fulfill the ABAWD work 
requirement in 7 CFR 273.24. As provided in Supplemental Nutrition 
Assistance Program--ABAWD Time Limit Policy and Program Access 
published on November 19, 2015,\2\ when good cause is provided for 
failure to comply with mandatory SNAP E&T (7 CFR 273.7(a)(ii)) or 
State-assigned workfare (7 CFR 273.7(a)(iii)) under good cause for the 
general work requirement at 7 CFR 273.7(i), the State agency must also 
provide good cause under 7 CFR 273.24(b)(2) for the ABAWD work 
requirement. However, while this longstanding policy provided a way to 
provide good cause for ABAWDs who were assigned to a mandatory E&T 
program or State-assigned workfare to meet their ABAWD work 
requirement, it has not provided a way to provide good cause for ABAWDs 
participating in

[[Page 15315]]

other work programs or other types of workfare programs.
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    \2\ https://fns-prod.azureedge.net/sites/default/files/resource-files/ABAWD-Time-Limit-Policy-and-Program-Access-Memo-Nov2015.pdf.
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    Therefore, the Department proposes taking this opportunity to 
codify two changes to the good cause regulation at 7 CFR 273.24(b)(2). 
First, as determined by the State agency, if an ABAWD is participating 
in work, a work program, or workfare, and would have fulfilled the 
ABAWD work requirement in 7 CFR 273.24, but missed some hours for good 
cause, the individual shall be considered to have fulfilled the ABAWD 
work requirement if the absence from work, the work program, or 
workfare is temporary and the individual retains his or her job, 
training or workfare slot. This proposed change codifies longstanding 
policy allowing State agencies to provide good cause to ABAWDS who 
failed to meet their ABAWD work requirement through mandatory E&T or 
State-assigned workfare. In addition, the proposed change allows State 
agencies to provide good cause to ABAWDs participating in other work 
programs or other types of workfare programs. The Department is 
proposing this change so that State agencies can apply fair and 
consistent treatment to ABAWDs who have good cause, regardless of how 
the ABAWD chooses to meet the ABAWD work requirement. Second, if an 
individual is determined to have good cause for failure or refusal to 
comply with mandatory E&T under 7 CFR 273.7(i), the State agency would 
be required to provide good cause for failure to meet the ABAWD work 
requirement without having to make a separate good cause determination. 
However, the Department would also specify that an ABAWD who is 
provided good cause under the proposed 7 CFR 273.7(i)(4) for failure to 
participate in mandatory E&T, due to the lack of an appropriate and 
available opening in SNAP E&T, would not be provided good cause for 
failure to fulfill the ABAWD work requirement. There are many ways to 
fulfill the ABAWD work requirement other than through SNAP E&T. The 
lack of an appropriate or available opening in a SNAP E&T program would 
not prevent the ABAWD from fulfilling the ABAWD work requirement in 
another way.
    The Department has also noted a discrepancy in the process for 
establishing good cause and issuing a notice of adverse action between 
current 7 CFR 273.7(c)(3) and (f)(1)(i). Current language at 7 CFR 
273.7(c)(3) does not include the requirement for a State agency to 
first establish that non-compliance with the SNAP work requirement was 
without good cause before sending the notice of adverse action. On the 
other hand, the requirement to first establish good cause is present in 
current 7 CFR 273.7(f)(1)(i). The Department believes the paragraphs 
should be consistent with one another and is taking this opportunity to 
propose revising the language in 7 CFR 273.7(c)(3) to clarify that 
before a State agency issues a notice of adverse action to an 
individual or a household, if appropriate, for non-compliance with SNAP 
work requirements, the State agency must determine that the non-
compliance was without good cause. This proposed clarification would 
provide consistent instruction to State agencies regarding the 
necessity of establishing that non-compliance was without good cause 
before issuing a notice of adverse action.

Improving Accountability in State Agency Quarterly Reports

    Current regulations at 7 CFR 273.7(c)(9), (10), and (11) require 
State agencies to submit quarterly E&T Program Activity Reports. Title 
7 CFR 273.7(c)(11) specifies that the fourth quarter report provide a 
list of all the E&T components offered during the fiscal year, as well 
as the number of ABAWDs and non-ABAWDs who began participation in each. 
The report must also provide the number of ABAWDs and non-ABAWDs who 
participated in the E&T program during the fiscal year. The Department 
is committed to ensuring that State agencies are providing mandatory 
E&T participants with real opportunities to gain skills and appropriate 
services that help them be successful. Therefore, the Department 
proposes adding additional reporting elements to this fourth quarter 
report: the unduplicated number of SNAP participants required to 
participate in an E&T program during the fiscal year and, of those, the 
number who actually begin to participate in an E&T program. An E&T 
participant begins to participate in an E&T program when the 
participant commences at least one part of an E&T program, including an 
orientation, assessment, case management, or a component. The 
Department proposes to codify this new requirement by inserting a new 
paragraph at 7 CFR 273.7(c)(11)(iii).

Workforce Partnerships

    The Act established workforce partnerships as a new way for SNAP 
participants to gain high-quality, work-related skills, training, work, 
or experience that will increase the ability of the participants to 
obtain regular employment. The Act added workforce partnerships to the 
list of work programs through which an ABAWD may fulfill the ABAWD work 
requirement, and the partnerships may also be used by mandatory E&T 
participants to meet their E&T requirement. The Act added workforce 
partnerships to several sections of the FNA including sections 
6(d)(4)(B)(ii), 6(d)(4)(E), 6(d)(4)(H), and new paragraph 6(d)(4)(N). 
The Department proposes adding the description and requirements for 
workforce partnerships to new 7 CFR 273.7(n). In addition, the 
Department proposes including two additional State agency 
responsibilities associated with workforce partnerships. First, the 
proposed rule would require State agencies to re-screen any individual 
for the requirement to participate in mandatory E&T when the State 
agency learns the individual is no longer participating in a workforce 
partnership. Second, the proposed rule would require State agencies to 
provide sufficient information to household members subject to the 
general work requirements of 7 CFR 273.7 and ABAWD work requirements of 
7 CFR 273.24 about workforce partnerships, so that individuals may make 
an informed decision about participation. In this preamble section, the 
Department highlights several significant aspects of workforce 
partnerships, as required by the Act, and provides further explanation 
for the proposed additional State agency responsibilities.
    In accordance with the Act, the proposed regulation in new 7 CFR 
273.7(n)(1) states that workforce partnerships mean programs operated 
by a private employer, an organization representing private employers, 
a non-profit organization providing services related to workforce 
development, or an entity identified as an eligible provider of 
training services under section 122(d) of WIOA. New 7 CFR 273.7(n)(2) 
proposes that workforce partnerships may be multi-State programs. All 
workforce partnerships must be in compliance with the Fair Labor 
Standards Act, as proposed in new 7 CFR 273.7(n)(3). Workforce 
partnerships would need to be certified, either by the Secretary or by 
the State agency to the Secretary, to ensure they meet specific 
certification criteria outlined in the Act and in proposed 7 CFR 
273.7(n)(4). In certifying a workforce partnership, the Secretary or 
the State agency would require that the workforce partnership report 
sufficient information to describe the services or activities that 
would provide participants with at least 20 hours a week (which may be 
averaged monthly to equal 80 hours a month) of training, work, or 
experience, and how those services or activities would directly enhance 
the employability or

[[Page 15316]]

job readiness of the participant. This latter requirement would be 
codified in new 7 CFR 273.7(n)(5).
    The Department proposes to describe the application of workforce 
partnerships to E&T programs in new 7 CFR 273.7(n)(6). This includes 
proposing in new 7 CFR 273.7(n)(6)(i) the requirement from the Act that 
no funding authorized by the FNA can be used for workforce 
partnerships. The Department also proposes to codify the requirement 
from the Act in new 7 CFR 273.7(n)(6)(ii) that, if a State agency 
requires an individual to participate in an E&T program (also referred 
to as mandatory E&T), the State agency must consider an individual 
participating in a workforce partnership to be in compliance with the 
E&T requirement. In other words, the State agency is prohibited from 
disqualifying an individual for non-compliance with the requirement to 
participate in an E&T program if the individual is participating in a 
workforce partnership. In addition, if the State agency learns while 
screening the individual for the requirement to participate in E&T that 
the individual is already participating a workforce partnership, and 
the State agency determines the individual meets the criteria to be 
required to participate in E&T, the State agency would need to consider 
the individual to already be in compliance with the requirement to 
participate in E&T. The State agency would not be able to impose an 
additional E&T requirement on the individual.
    The Department also proposes to add a clarification in new 7 CFR 
273.7(n)(6)(ii) that, if an individual who has been fulfilling the 
mandatory E&T requirement by participating in a workforce partnership 
no longer participates in a workforce partnership, the State agency 
would have to re-screen the individual to determine if the individual 
qualifies for an exemption from the work requirement and from mandatory 
E&T. If the individual were to not meet an exemption from mandatory 
E&T, the State agency would then identify an appropriate E&T component. 
This new paragraph also proposes that, if an individual who has been 
fulfilling the mandatory E&T requirement by participating in a 
workforce partnership no longer participates in a workforce 
partnership, the State agency must not consider the individual to have 
failed to comply with mandatory E&T without going through the steps 
above. The Department believes this clarification is necessary to 
resolve certain policy questions arising from the interaction of 
workforce partnerships with the mandatory E&T requirement.
    Workforce partnerships are not part of a State's E&T program and 
are not an E&T component. The Act located workforce partnerships in 
section 6(d)(4)(B)(ii) of the FNA, outside the definition of an E&T 
program in section 6(d)(4)(B)(i), and strictly limits the reporting 
requirements that can be imposed on workforce partnerships. However, 
the Act stated that State agencies must consider an individual's 
participation in a workforce partnership to be fulfilling the State 
agency requirement for that individual to participate in an E&T 
program. So while an individual may fulfill their mandatory E&T 
requirement through participation in a workforce partnership, a 
workforce partnership is not by definition an E&T program. The Act also 
stated that an individual cannot be required by the State agency to 
participate in a workforce partnership. On the other hand, an 
individual may choose to participate in a workforce partnership as a 
way fulfill their mandatory E&T requirement. The Act did not address 
what happens to an individual who no longer participates in a workforce 
partnership, but continues to receive SNAP benefits. In these cases, 
the Department proposes that the State agency screen the individual to 
determine whether the individual is subject to the general work 
requirement and mandatory E&T. Screening is necessary as the 
individual's circumstances and abilities may have changed since the 
initial screening. In other words, when the State agency learns an 
individual is no longer participating in a workforce partnership, the 
State agency would need to determine if the individual remains subject 
to the general work requirements at 7 CFR 273.7(b) and, if the 
individual were to remain subject to the general work requirements, the 
State agency would need to then screen the work registrant to determine 
whether or not they meet the State's criteria for the requirement to 
participate in E&T, in accordance with 7 CFR 273.7(c)(2). If, after 
this re-screening, the State agency were to determine that it is 
appropriate to require the individual to participate in mandatory E&T, 
the State agency would need to refer the individual to the E&T program 
or, if the individual chooses, to another workforce partnership. The 
Department proposes to add this additional State agency responsibility 
to screen individuals who are no longer participating in a workforce 
partnership in new 7 CFR 273.7(n)(6)(ii).
    Other significant parts of the proposed regulations pertaining to 
workforce partnerships, as required by the Act, include the 
codification at 7 CFR 273.7(n)(7) that State agencies may use workforce 
partnerships to supplement, not supplant, the E&T programs of the State 
agency. Also, the proposed regulation at 7 CFR 273.7(n)(8) states that 
workforce partnerships are included in the definition of a work program 
in 7 CFR 273.24(a)(3) for the purposes of fulfilling the ABAWD work 
requirement.
    Proposed regulations at 7 CFR 273.7(n)(9) codify the constraint 
from the Act that the State agency shall not require any member of a 
household participating in SNAP to participate in a workforce 
partnership. That is, once again, participating in a workforce 
partnership could only be at the participant's option. New regulations 
at 7 CFR 273.7(n)(10) would reflect the requirement from the Act that 
the State agency provide, not less frequently than at certification and 
recertification, a list of workforce partnerships to household members 
subject to the work requirement. Since household members must have a 
choice about participation in a workforce partnership, the Department 
proposes an additional State agency responsibility in 7 CFR 
273.7(n)(10) that the workforce partnership list also provide 
sufficient information to the household members about the available 
workforce partnerships so that the SNAP participant can make an 
informed decision about voluntary participation in a particular 
workforce partnership. This additional information should include, if 
available, contact information for the workforce partnership, the types 
of activities the participant would be engaged in through the workforce 
partnership, the screening criteria used by the workforce partnership 
to select individuals, the location of the workforce partnership, work 
schedules, any special skills required to participate, and wage and 
benefit information (if applicable). To maximize the ability of 
household members to review the above information, the Department 
proposes that all information in the workforce partnership list must be 
provided in writing, either electronically or in paper form.
    The Department also proposes to codify in new 7 CFR 273.7(n)(11) 
the requirement from the Act that a workforce partnership shall not 
replace the employment and training of an individual not participating 
in a workforce partnership. The Department interprets this to mean that 
an

[[Page 15317]]

individual in a workforce partnership shall not be provided any work 
that has the effect of replacing the employment or training of an 
individual not participating in a workforce partnership. The Department 
also proposes codifying in 7 CFR 272.7(n)(12) the requirement from the 
Act that none of the SNAP work requirements--general work requirements, 
including mandatory E&T, and the ABAWD time limit and work 
requirement--affect the criteria or screening process for selecting 
participants by a workforce partnership. That is, a workforce 
partnership may screen individuals for participation in a workforce 
partnership independently of the criteria used by the State agency to 
determine who is subject to SNAP work requirements.
    Lastly, new 7 CFR 273.7(n)(13) would codify the limited 
responsibilities of workforce partnerships to report to the Department 
or State agencies. The reporting requirements of workforce partnerships 
are limited to: Upon notification that an individual is a SNAP 
recipient, notifying the State agency that the individual is 
participating in a workforce partnership; identifying individuals who 
completed or are no longer participating in a workforce partnership; 
identifying changes in the workforce partnership that result in it no 
longer meeting the criteria for State certification; and providing 
sufficient information, on request by the State agency, for the State 
agency to verify that the participant is fulfilling any applicable work 
requirement. State agencies operating a workforce partnership may 
report to the Department, at State agency option, relevant data to 
reflect the number of program participants served by the workforce 
partnership and, of those, how many were mandatory work registrants. 
This State agency option would be codified at new 7 CFR 
273.7(c)(17)(x).

Minimum Allocation of 100 Percent Funds

    Current regulations at 7 CFR 273.7(d)(1)(i)(C) provide that no 
State agency will receive less than $50,000 in Federal E&T grant funds 
and set forth the methodology to ensure an equitable allocation among 
the State agencies. The Act increased this baseline of Federal E&T 
funds to $100,000 in section 16(h)(1)(D) of the FNA. The Department 
implemented this provision in FY 2019. The Department now proposes to 
modify 7 CFR 273.7(d)(1)(i)(C) to reflect the change in the baseline.

Prioritized Reallocation of Employment and Training Federal Grant Funds

    Current regulations at 7 CFR 273.7(d)(1)(i)(D) provide the process 
for the Department to reallocate unobligated and unexpended Federal E&T 
funds to other State agencies requesting additional E&T funds. The Act 
introduced priorities for the reallocation of these funds in section 
16(h)(1)(C)(iv) of the FNA. Those priorities are: At least 50 percent 
shall be reallocated to requesting State agencies that were awarded 
grants to operate E&T pilots under the Agricultural Act of 2014 (Pub. 
L. 113-79) (also known as the 2014 Farm Bill), to conduct those E&T 
programs and activities from the pilots that the Secretary determines 
have the most demonstrable impact on the ability of participants to 
find and retain employment that leads to increased household income and 
reduced reliance on public assistance; at least 30 percent should be 
available to State agencies requesting funds for E&T programs and 
activities authorized under section 6(d)(4)(B)(i) of the FNA that are 
targeted to individuals with high barriers to employment and that the 
Secretary determines have the most demonstrable impact on the ability 
of participants to find and retain employment that leads to increased 
household income and reduced reliance on public assistance; and the 
remaining funds to other State agencies requesting additional funds for 
E&T programs and activities that the Secretary determines have the most 
demonstrable impact on the ability of participants to find and retain 
employment that leads to increased household income and reduced 
reliance on public assistance. The Department implemented this 
provision in FY 2020 for the reallocation of FY 2019 funds. The 
Department proposes to add new 7 CFR 273.7(d)(1)(iii) to specify this 
priority for reallocation of funds, by enumerating the priorities and 
the process for reallocating funds. Additionally, the Department 
proposes to add new 7 CFR 273.7(c)(6)(xviii) to specify that State 
agencies requesting additional funds would need to submit those 
requests when their E&T State Plan is submitted for the upcoming 
Federal fiscal year.
    As noted, the Act established three categories of priorities for 
reallocating funds. The Department proposes to remove current Sec.  
273.7(d)(1)(i)(D) that addresses the current reallocation process and 
add a new paragraph at Sec.  273.7(d)(1)(iii) that would set forth 
these priorities and the process for reallocation.
    As noted, the Act required that not less than 50 percent of all 
unobligated funds are to be reallocated to requesting State agencies 
that were awarded grants to operate SNAP E&T pilots under the 
Agricultural Act of 2014 (Pub. L. 113-79), to conduct E&T programs and 
activities authorized under the pilots that the Secretary determines 
have the most demonstrable impact on the ability of participants to 
find and retain employment that leads to increased household income and 
reduced reliance on public assistance. The Department proposes to 
codify this requirement in new 7 CFR 273.7(d)(1)(iii)(A). Additionally, 
the Act specified that the Secretary shall base the determination of 
demonstrable impact on the project results from the independent 
evaluations of the pilots or, if the project results from the 
independent evaluation are not yet available, then the determination 
may be based on the interim reports to Congress or other information 
relating to performance of the programs and activities. Until the 
project results from the independent evaluations of the pilots are 
available, the Department will use information from the interim 
reports, as well as other information deemed appropriate, to make its 
determinations.
    For the not less than 30 percent of unobligated funds that shall be 
reallocated to State agencies requesting funds to implement or continue 
E&T programs and activities under section 6(d)(4)(B)(i) of the FNA that 
are targeted toward highly-barriered populations, the Act specified 
that the funds be used for E&T programs and activities that the 
Secretary determines have the most demonstrable impact on the ability 
of the participants to find and retain employment that leads to 
increased household income and reduced reliance on public assistance. 
The Act specified that this 30 percent reallocation may include 
programs and activities targeted to: Individuals 50 years or older; 
formerly incarcerated individuals; individuals participating in a 
substance abuse treatment program; homeless individuals; people with 
disabilities seeking to enter the workforce; other individuals with 
substantial barriers to employment; or households facing multi-
generational poverty, to support employment and workforce participation 
through an integrated and family-focused approach in providing 
supportive services. The Department proposes to codify this requirement 
in new 7 CFR 273.7(d)(1)(iii)(B) and proposes that, if a State agency 
chooses to provide services to veterans having one of the condition 
above under this

[[Page 15318]]

provision, it indicate this intention in their request for 30 percent 
reallocated funds.
    The Act also specified that any State agency that receives 
reallocated funds under the 50 percent reallocation provision may also 
be considered for reallocated funds under the 30 percent reallocation 
provision. The Department proposes to codify this requirement in new 7 
CFR 273.7(d)(1)(iii)(C).
    As noted earlier, the Act specified that any remaining unobligated 
funds not reallocated under the 50 percent reallocation provision, or 
the 30 percent reallocation provision, be reallocated to State agencies 
requesting such funds to use for E&T programs and activities that the 
Secretary determines have the most demonstrable impact on the ability 
of the participants to find and retain employment that leads to 
increased household income and reduced reliance on public assistance. 
The Department proposes to codify this requirement in new 7 CFR 
273.7(d)(1)(iii)(D).
    Existing provisions in section 16(h)(1) of the FNA make 100 percent 
E&T grant funding available for 24 months in order for the Department 
to obligate and reallocate funding to States. Further, the FNA requires 
the Department to reallocate unobligated and unexpended funds from one 
Federal fiscal year to another Federal fiscal year in a timeframe that 
would allow State agencies receiving additional funds at least 270 days 
to expend those reallocated funds. In light of these existing 
requirements, the Department proposes in new 7 CFR 273.7(d)(1)(iii)(E) 
the process for reallocating funds to allow State agencies the 
statutorily required amount of time to expend the reallocated funds. As 
proposed, State agencies requesting reallocated funds would submit 
those requests as part of their E&T State plan due by August 15th each 
year. To clearly articulate this expectation, the Department also 
proposes to add new 7 CFR 273.7(c)(6)(xviii) to instruct State agencies 
to incorporate any requests for additional 100 percent funds that may 
become available into their E&T State Plan. As a best practice, the 
Department has always encouraged State agencies to consider during the 
development of their annual E&T State Plan their need for additional 
funds. This change to the regulations would formalize this best 
practice. In addition, a new paragraph at 7 CFR 273.7(c)(6)(xviii) 
would make explicit that, while requests for additional funds are 
included with the annual E&T State Plan, the request for additional 
funds must be prepared in a separate budget and narrative from the 
general budget for the upcoming fiscal year. Approval or denial of the 
request for additional funds would occur separately from the E&T State 
Plan approval or denial.
    The Department further proposes in new 7 CFR 273.7(d)(1)(iii)(E) 
that the Department, through the expenditure reporting process, would 
determine the total amount of funds available for reallocation, in 
accordance with the prioritized reallocation provisions, after State 
agencies have submitted fourth quarter expenditure reports. When making 
determinations about which State agencies would receive reallocated 
funds within the three categories of prioritized reallocated funds, the 
Department proposes to consider various factors. These factors would 
include, but are not limited to: The size of the request relative to 
the level of the State agency's E&T spending in prior years; the 
specificity of the State agency's plan for spending the reallocated 
funds; and the quality of the program and scope of impact for the 
State's E&T program. The Department would reallocate in a timeframe 
that allows State agencies at least 270 days to expend the reallocated 
funds.
    Lastly, the Department proposes to reallocate any unobligated funds 
remaining after the reallocation process specified in new 7 CFR 
273.7(d)(1)(iii)(E) to State agencies requesting additional funds for 
E&T programs and activities that the Secretary determines have the most 
demonstrable impact. When making these reallocations, the Department 
would consider factors including, but not limited to: the size of the 
request relative to the level of the State agency's E&T spending in 
prior years; the specificity of the State agency's plan for spending 
the reallocated funds; and the quality of the program and scope of 
impact for the State's E&T program. The Department proposes to codify 
this requirement in new 7 CFR 273.7(d)(1)(iii)(F).

Advisement of Employment and Training Opportunities

    The Act added a requirement at section 11(w) of the FNA that State 
agencies advise SNAP household members subject to the requirements of 
section 6(d) of the FNA (the general work requirements) of available 
employment and training opportunities at the time of recertification if 
these individuals are members of households that contain at least one 
adult, with no elderly or disabled individuals, and with no earned 
income at their last certification or required report. There is no such 
current requirement in the regulations. The Department instructed State 
agencies in the March 6, 2019, Informational Memorandum on Farm Bill 
E&T that this provision was considered self-implementing upon 
enactment. The Department now proposes to codify this requirement in a 
proposed paragraph at 7 CFR 273.14(b)(5). As a minimum standard for 
meeting this requirement, the Department proposes that State agencies 
provide the household a list of available employment and training 
services for household members subject to the general work requirements 
either electronically (e.g., on a website or in an email) or in printed 
form. The Department would like to clarify that employment and training 
services are not limited to SNAP E&T. Rather, State agencies should 
also provide information about the availability of opportunities 
through the American Job Centers or local community-based 
organizations. This is particularly important in areas that do not 
operate SNAP E&T programs. The Department encourages States to consult 
with their Departments of Labor when developing information about 
available employment and training services. In meeting this 
requirement, State agencies should consider how to best target lists of 
employment and training opportunities to increase access to work 
opportunities for SNAP participants, including creating tailored lists 
for certain regions or municipalities, or for SNAP participants with 
particular career interests or barriers to employment.

Work Programs for Fulfilling the ABAWD Work Requirement

    Current regulations at 7 CFR 273.24(a)(3) define the types of work 
programs in which ABAWDs may participate to meet the 20 hour per week 
ABAWD work requirement and thereby remain eligible beyond the 3 months 
in 36-month time limit. The Act added the following types of programs 
to that definition in section 6(o)(1) of the FNA: An employment and 
training program for veterans operated by the Department of Labor or 
the Department of Veterans Affairs, as approved by the Secretary; and 
workforce partnerships. The Department instructed State agencies in the 
March 6, 2019, Informational Memorandum on Farm Bill E&T to that this 
provision was considered self-implementing upon enactment. The 
Department now proposes to add these programs to the existing paragraph 
at 7 CFR 273.24(a)(3). As noted earlier, the Act also changed section 
6(o)(1)(C) of the FNA by replacing the term ``job search program'' with 
``supervised job search program.'' For the purposes of

[[Page 15319]]

ABAWD work requirements, the Department proposes to implement this 
change by revising 7 CFR 273.24(a)(3)(iii).
    In accordance with the Act, the Department proposes to add 
employment and training programs for veterans operated by the 
Department of Labor or the Department of Veterans Affairs, as approved 
by the Secretary, and workforce partnerships, as defined in proposed in 
7 CFR 273.7(n), to the definition of work programs in the existing 
paragraph at 7 CFR 273.24(a)(3). The Department proposes to consider 
any employment and training program of the Department of Labor or the 
Department of Veterans Affairs that serves veterans as approved by the 
Secretary, provided all other requirements in 7 CFR 273.24 are met. The 
Department also proposes to make conforming changes to the last 
sentences of paragraphs 7 CFR 273.7(e)(2)(i) and (ii), as redesignated, 
to add employment and training programs for veterans operated by the 
Department of Labor or the Department of Veterans Affairs to the list 
of work programs for which supervised job search and job search 
training programs may count for the purposes of fulfilling the ABAWD 
work requirement.
    The Department also proposes to modify regulations at 7 CFR 
273.24(a)(3)(iii) that ``a supervised job search program'' is a type of 
program that shall not count as an employment and training program for 
purposes of fulfilling the ABAWD work requirement. However, consistent 
with current regulations, the Department proposes that employment and 
training programs for ABAWDs under 7 CFR 273.24(a)(3)(iii) may include 
job search, supervised job search, or job search training activities as 
subsidiary activities in the program for the purposes of fulfilling the 
ABAWD work requirement so long as they make-up less than half of the 
work requirement. For example, an ABAWD can fulfill the ABAWD work 
requirement by participating in an employment and training program for 
20 hours a week, or an average of 80 hours monthly. Over the month, 
less than half of these hours can include job search, supervised job 
search, or job search training activities. The Department believes that 
job search activities that are offered as part of an employment and 
training program can be effective at helping individuals transition 
from the program into paid employment. The Joint Explanatory Statement 
of the Committee of Conference issued with the Act reinforced that 
belief by stating that ``unsupervised job search'' may be a 
``subsidiary component'' for the purposes of meeting a work 
requirement, so long as it is less than half of the requirement (Conf. 
Rept. 115-1072, p. 617). Additionally, the Department proposes to 
modify the paragraph to refer to job search, supervised job search, and 
job search training as ``subsidiary activities'' rather than 
``subsidiary components'' for the purposes of fulfilling the ABAWD work 
requirement. This change will more closely align with the terminology 
used elsewhere in the regulations where ``activities'' are used to 
describe smaller or subsidiary pieces of an employment and training 
program that make up the larger ``component.''
    The Department also proposes to make technical corrections to 7 CFR 
273.24(a)(3)(i) to update the name of the referenced legislation from 
the Workforce Investment Act (Pub. L. 105-220), to its new name the 
Workforce Innovation and Opportunity Act (Pub. L. 113-128). The 
Department also proposes to add the reference to ``title 1'' of this 
law, as this reference was omitted in an earlier drafting of the 
regulation.

Discretionary Exemptions for ABAWDs Subject to the Time Limit

    Current regulations at 7 CFR 273.24(g) establish that each State 
agency shall be allotted exemptions equal to an estimated 15 percent of 
``covered individuals,'' which are the ABAWDs who are subject to the 
ABAWD time limit in the State in the fiscal year. States can use the 
exemptions available to them to extend SNAP eligibility for a limited 
number of ABAWDs subject to the time limit. When one of these 
exemptions is provided to an ABAWD, that one ABAWD is able to receive 
one additional month of SNAP benefits. States have discretion whether 
to use these exemptions and, as a result, some States use their 
available exemptions and others do not. Each Federal fiscal year, the 
Department estimates the number of exemptions that each State agency 
shall be allotted. The Act changed the number of exemptions allocated 
to State agencies each Federal fiscal year from 15 percent to 12 
percent of the ``covered individuals'' in the State. Therefore, the 
Department proposes to make the change from 15 percent to 12 percent in 
the regulations, and also change the name of these exemptions from ``15 
percent exemptions'' to ``discretionary exemptions.'' This will align 
the regulations with the requirements of the Act and with current 
operations, as these changes took effect for Fiscal Year 2020. 
Specifically, the Department proposes changes to the introductory 7 CFR 
273.24(g) to change the title from ``15 percent exemptions'' to 
``Discretionary exemptions'' in order to indicate the discretion that 
States have in terms of whether and how to use these exemptions as 
compared to the nondiscretionary, absolute exceptions from the time 
limit listed at 7 CFR 273.24(c). The remaining proposed changes would 
simply replace the number ``15'' with the number ``12'' in 7 CFR 
273.24(g)(1) and (3).

Informing SNAP Participants About Their Work Requirements

    The Department notes that many of the changes made by section 4005 
of the Act emphasized State agency responsibility to assist SNAP 
participants in finding and retaining employment. The Department 
believes that foundational to this increased accountability for both 
the State agency and SNAP participants is improved communication 
between the State agency and SNAP participants regarding the nature of 
any work requirement that SNAP households may be subject to, 
consequences for not complying with work requirements, and how to find 
more information. Existing regulations at 7 CFR 273.7(c)(1) regarding 
the general work requirement require the State agency to both explain 
the general work requirement to work registrants, and provide a written 
statement to work registrants at the time of work registration 
regarding the general work requirements and the consequences of failing 
to comply. In addition, existing regulations at 7 CFR 273.7(c)(2) 
require the State agency to provide a written or oral explanation of 
the mandatory E&T requirement to individuals in mandatory E&T. And, 
with regard to the separate work requirement and time limit for ABAWDs, 
though the regulations do not explicitly require State agencies to 
inform ABAWDs of those requirements at certification, the Department 
has issued formal guidance \3\ clarifying that State agencies must 
inform ABAWDs as part of the explanation of the household's rights and 
responsibilities, as generally required by 7 CFR 272.5(b)(1) and 
273.2(a)(1). To summarize, State requirements to inform SNAP 
participants about their work requirements are fragmented and could be 
streamlined. The Department also notes that a single individual may be

[[Page 15320]]

subject to multiple work requirements, which may be confusing for the 
household to decipher to ensure compliance, especially if these 
requirements are communicated to the individual at different times via 
different mediums. For instance, an ABAWD may be subject to mandatory 
E&T. Each of these work requirements may require different actions on 
the part of the SNAP participant to maintain eligibility, and each 
carry different, separate penalties for failure to comply.
---------------------------------------------------------------------------

    \3\ See FNS, ``State Agency Readiness to Apply the ABAWD Time 
Limit and Serve ABAWDs,'' issued December 4, 2019 (https://fns-prod.azureedge.net/sites/default/files/media/file/StateAgencyReadinesstoApplytheABAWDTimeLimitandServeABAWDs.pdf).
---------------------------------------------------------------------------

    In order to streamline and improve communication between the State 
agency and the household, and to improve the household's customer 
service experience, the Department proposes to consolidate the State 
requirement to inform individuals of their applicable work requirements 
(i.e., the general work requirement, the mandatory E&T requirement, and 
the ABAWD work requirement). This consolidation would take two forms: A 
single written statement and a comprehensive oral explanation of all 
the work requirements that would pertain to individuals in a particular 
household. The consolidated requirement would merge two existing 
requirements to inform individuals about their work requirements (i.e., 
the general work requirement and mandatory E&T) with a new more clearly 
delineated requirement to inform ABAWDs regarding their ABAWD work 
requirement and time limit at new 7 CFR 273.7(5)(a). The consolidated 
requirement to inform households of all applicable work requirements 
for individuals within the household would be added at new 7 CFR 
273.7(c)(1)(ii). The new consolidated written statement must include 
all pertinent information related to each of the applicable work 
requirements for individuals in the household, including: An 
explanation of each applicable work requirement; exemptions from each 
applicable work requirement; the rights and responsibilities of each 
applicable work requirement for individuals subject to the work 
requirements; what is required to maintain eligibility under each 
applicable work requirement; pertinent dates by which an individual 
must take any actions to remain in compliance with each of the 
applicable work requirements; the consequences for failure to comply 
with each applicable work requirement; and any other information the 
State agency believes would assist the household members with 
compliance. If the individual is subject to mandatory E&T, the written 
statement must also explain the individual's right to receive 
participant reimbursements for allowable expenses related to 
participation in E&T, up to any applicable State cap, and the 
responsibility of the State agency to exempt the individual from the 
requirement to participate in E&T if the individual's allowable 
expenses exceed what the State agency will reimburse, as provided in 7 
CFR 273.7(d)(4).

Voluntary E&T Participation Time Limits

    Section 4108 of the Food, Conservation and Energy Act of 2008 
(FCEA) modified section 6(d)(4) of the FNA to permit individuals 
voluntarily participating in an E&T program to participate beyond the 
maximum number of hours calculated as their benefit divided by the 
minimum wage. The FCEA also allowed the total amount of time spent each 
month by an individual voluntarily participating in an E&T work 
program, combined with hours worked in a workfare program and hours 
worked for compensation, to exceed 120 hours. The Department is 
proposing to revise 7 CFR 273.7(e)(5)(iii) from the final rule, 
Supplemental Nutrition Assistance Program (SNAP): Eligibility, 
Certification, and Employment and Training Provisions of the Food, 
Conversation and Energy Act of 2008, published on January 6, 2017 (RIN 
0584-AD87) (82 FR 2010), to correct a technical drafting error and to 
more accurately reflect the statutory language. The final rule only 
added language that voluntary E&T participants are not subject to the 
120-hour monthly cap for participation. The final rule did not add that 
voluntary E&T participants are not subject to the hourly monthly 
maximum calculated as their benefit divided by the minimum wage, as was 
required by the changes made to the FNA by the FCEA. In order to meet 
the requirements laid out by the FCEA, the Department's proposed 
language would strike the current sentences in 7 CFR 273.7(e)(5)(iii), 
and replace them with language stating voluntary E&T participants are 
not subject to any of the limits in redesignated 7 CFR 273.7(e)(4). The 
changes proposed in this rulemaking would align the regulations with 
the statutory provision allowing voluntary participants to participate 
in E&T activities for more than the maximum number of hours calculated 
as their benefit divided by the minimum wage and for more than 120 
hours in a month, as provided for in section 6(d)(4)(F)(iii) of the 
FNA.

SNAP E&T Eligibility

    The Department is aware that the process to regularly verify SNAP 
eligibility for E&T participants is time-consuming, resource intensive, 
and can be a barrier to the growth of E&T programs. While some E&T 
participants' eligibility status may change over time, many E&T 
providers are adept at braiding funding from a variety of sources in 
order to provide a seamless continuation of services. However, this can 
be a complicated process. The Department is interested in better 
understanding ways States and other E&T stakeholders have streamlined 
and simplified the process of verifying E&T participants' eligibility 
for SNAP. The Department is particularly interested in how States are 
able to provide a seamless continuation of services to individuals 
whose eligibility status has changed. Therefore, the Department seeks 
comments on the experience of E&T stakeholders in verification of E&T 
participants' eligibility. The Department also asks for recommendations 
on how to reduce the burden on State agencies and E&T providers in 
order to better support individuals as they progress through training. 
In particular, the Department is interested in comments on the 
following questions:
     The current process: What processes are currently in place 
to verify SNAP eligibility for E&T participants? What processes, 
policies, or technical solutions has the State agency implemented to 
streamline or make the process of verifying eligibility more efficient? 
What happens to active E&T participants who are found no longer 
eligible for SNAP? Are they able to continue receiving services using 
other funding sources?
     Concerns with the current process: Has the process to 
verify eligibility for SNAP been an impediment to the growth of an E&T 
program? What are other concerns with the current process? What is 
working well with the current process?
     Recommendations: What would commenters recommend to reduce 
barriers associated with verifying eligibility? What policies or 
agreements might better support providers to serve enrolled E&T 
participants if the participants are no longer eligible for SNAP and 
what might the supporting arguments be for such policies or agreements? 
What systems or technical solutions would help streamline the process?

Procedural Matters

Executive Order 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is

[[Page 15321]]

necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). Executive Order 13563 
emphasizes the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. 
This proposed rule has been determined to be significant and was 
reviewed by the Office of Management and Budget (OMB) in conformance 
with Executive Order 12866.
    The table below presents the expected costs of the rule changes. 
Derivation of these costs, and the overall impact on Federal and State 
spending, are summarized in the discussion that follows.

                                                        Table 1-- Expected Costs of Rule Changes
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              FY 2020         FY 2021         FY 2022         FY 2023         FY 2024          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impacts on Federal Transfers (nominal dollars):
    Increased 100% E&T grant funding **.................              13              13              13              13              13              65
Impacts on Federal (50%) and State (50%) Administrative
 Costs (nominal dollars):
    Administrative costs/burden--case management \+\....            30.4            30.4            30.4            30.4            30.4           151.8
    Administrative costs/burden--additional notices \+\.             1.6             1.5             1.5             1.5             1.5             7.6
    Administrative costs/burden--reporting of additional             (*)             (*)             (*)             (*)             (*)             (*)
     measures \+\.......................................
                                                         -----------------------------------------------------------------------------------------------
        Total...........................................            32.0            31.9            31.9            31.9            31.9           159.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impacts on Burden of Participating Households (Costs in
 nominal dollars):
    Household Burden--case management...................             4.6             4.6             4.6             4.6             4.6            23.0
    Household Burden--Notification or E&T Participation              (*)             (*)             (*)             (*)             (*)             (*)
     Change.............................................
    Household Burden--List of E&T Services..............             0.8             0.8             0.8             0.8             0.8             4.0
Household Burden--ABAWD Notification....................             0.3             0.3             0.3             0.3             0.3             1.5
                                                         -----------------------------------------------------------------------------------------------
        Total...........................................             5.7             5.7             5.7             5.7             5.7            28.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
** The 2018 Farm Bill included an additional $13 million per year in 100 percent grant funding for E&T.
\+\ A portion of these costs are expected to be covered using existing 100 percent grant funding.

    Regulatory Impact Analysis: A regulatory impact analysis must be 
prepared for major rules with economically significant effects ($100 
million or more in any one year). The Department does not anticipate 
that this proposed rule will have economic impacts of $100 million or 
more in any one year, and therefore, it does not meet the definition of 
``economically significant'' under Executive Order 12866. An analysis 
assessing the costs and benefits of this rule is presented below.
    As explained above, this proposed rule codifies the 2018 Farm Bill 
changes related to E&T program operations, the ABAWD work requirement, 
and the allocation and reallocation of 100 percent grant funds. Those 
changes and their expected costs and benefits are summarized briefly 
below:

Changes to SNAP E&T Programs, Components, and Activities

    Pursuant to the 2018 Farm Bill, the proposed rule makes several 
changes to E&T components and allowable activities, including:
     Replacing job search with supervised job search as an E&T 
component (although unsupervised job search would remain an allowable 
activity within an E&T component, subject to certain limitations);
     eliminating job finding clubs as an allowable activity;
     replacing job skills assessments with employability 
assessments;
     adding apprenticeships and subsidized employment as 
allowable activities;
     requiring a 30-day minimum for receipt of job retention 
services; and
     allowing activities from the 2014 Farm Bill E&T pilots to 
become allowable E&T components, if those activities had a demonstrable 
impact on the ability of participants to find and retain employment 
that leads to increased income and reduced reliance on public 
assistance.
    The proposed rule would also implement the 2018 Farm Bill provision 
that requires all E&T programs to provide case management services to 
E&T participants, in addition to one or more E&T components. We expect 
the cost of the case management to be approximately $30.4 million per 
year. Consistent with the estimates used for the Paperwork Reduction 
Act section of the proposed rule, we assume approximately 460,000 
annual E&T participants who participate on average for 3.27 months. We 
further assume each participant receives just over 1 hour total of case 
management services (30 minutes for the initial case management meeting 
and 15 minutes for subsequent monthly meetings). In addition, we expect 
caseworkers to spend approximately 15 minutes per case recording case 
notes and otherwise documenting the case management

[[Page 15322]]

interactions (for a total of 1.32 hours per case). Using a fully-loaded 
hourly rate (including benefits and indirect costs) of approximately 
$50 \4\ results in an annual cost of about $30.4 million, shared 
equally. The Department believes that initially most States will use 
100 percent grant funding, including the increased funding provided 
through the 2018 Farm Bill, to pay for the required case management 
services. In some States this may mean States reallocate funds from 
other activities in order to provide sufficient case management.
---------------------------------------------------------------------------

    \4\ Assumes an average hourly rate of $30.12 for a case worker, 
plus 30 percent for benefits and 20 percent for overhead, rounded to 
$50. Based on May 2018 BLS Occupational and Wage Statistics for 
``Social Workers, All Other,'' available at https://www.bls.gov/oes/tables.htm. Overhead is included because this is a new activity and 
will likely result in hiring of additional staff or contractors.
---------------------------------------------------------------------------

    The case management requirement will also increase burden on 
individual SNAP participants as they will be required to participate in 
monthly discussions with their case manager regarding their E&T 
participation and plans for self-sufficiency. While the Department 
expects most of the conversations will be held by telephone, in some 
instances E&T participants may need to travel to meet their case 
manager in-person. Therefore, the average number of burden hours per 
participant is expected to be slightly larger to account for travel 
time (1.4 hours versus 1.32 hours).\5\ The additional burden is 
expected to cost SNAP E&T participants approximately $4.6 million 
annually.
---------------------------------------------------------------------------

    \5\ For more information on the derivation of these estimates, 
please see the Paperwork Reduction Act section of this proposed 
rule.

 Table 2--Annual Cost of Burden Associated With Case Management Services
------------------------------------------------------------------------
                                           State agency      Household
                                              burden          burden
------------------------------------------------------------------------
E&T participants per year...............         460,000         460,000
Burden hours per participant............            1.32             1.4
Hourly wage rate *......................          $50.00           $7.25
Total Annual Cost (Federal and State               $30.4            $4.6
 shares millions).......................
------------------------------------------------------------------------
* State Agency rate is a fully loaded rate. Household rate is equal to
  the Federal minimum wage. Totals may not sum due to rounding.

Changes to Funding Allocation/Reallocation

    The proposed rule would establish a funding formula for reallocated 
E&T funds, in accordance with statutory changes. It also would codify 
the increase to $100,000 in the minimum allocation of 100 percent funds 
to State agencies. While these changes may affect the amount of funds 
received by individual States, the Department does not expect these 
changes to affect overall spending on SNAP E&T. Prior to the 2018 Farm 
Bill, three States (Virgin Islands, Wyoming and North Dakota) received 
less than the $100,000 minimum allocation and now receive a larger 
grant. Over the past three years, less than $10 million per year in 100 
percent grant funds have been reallocated, and the amount available for 
reallocation has been declining.

Changes Affecting Work Requirements

    Pursuant to the 2018 Farm Bill, the proposed rule would make a 
number of changes affecting SNAP work requirements (both the ABAWD 
requirement and mandatory E&T). The proposed rule would:
     Add workforce partnerships to the list of programs that 
may be used to meet SNAP work requirements;
     add employment and training programs for veterans operated 
by the Department of Labor or the Department of Veterans Affairs to the 
list of work programs that may be used to meet the ABAWD work 
requirement;
     require State agencies to inform ABAWDs both orally and in 
writing of the ABAWD work requirement and time limit;
     codify the statutory change that reduces the number of 
ABAWD work exemptions from 15 percent to 12 percent and change their 
name to ``discretionary exemptions;''
     require State agencies to provide good cause for 
noncompliance with E&T if a suitable component or opening in an E&T 
program is not available;
     require State agencies to re-direct individuals who are 
determined ill-suited for an E&T program to other more suitable 
activities; and
     require that, at recertification, all State agencies 
advise certain types of households subject to the general work 
requirement of employment and training opportunities.
    Most of these provisions are not expected to have cost impacts. 
Most States do not use all of their available discretionary exemptions 
and currently have a large bank of unused exemptions.\6\ Therefore, the 
reduction in available exemptions is unlikely to impact individual 
ABAWDs. Permitting individuals to fulfill the ABAWD work requirement or 
mandatory E&T through workforce partnerships, which are operated by 
private employers or non-profit groups, may result in additional ABAWDs 
meeting the work requirement and retaining SNAP eligibility. However, 
such programs are not currently widespread. Given the lack of available 
data for such programs and the requirements for establishing a 
workforce partnership, the Department does not believe they will become 
commonplace and has, therefore, assumed there would be only negligible 
impacts of this change on the SNAP ABAWD population.
---------------------------------------------------------------------------

    \6\ Typically States use far fewer exemptions in a fiscal year 
than they earn. For example, during Fiscal Year 2018, only one State 
used as many exemptions as they earned for Fiscal Year 2018 and two 
States used more than 80 percent of their number of earned 
exemptions. As a result, most States have accumulated a bank of 
carryover exemptions (see FY 2019 Discretionary Exemptions with 
Carryover). Because of this carryover the reduction in earned 
exemptions would not have impacted the States' ability to provide 
exemptions to individual ABAWDs.
---------------------------------------------------------------------------

    The requirement that State agencies inform ABAWDs both orally and 
in writing of the ABAWD work requirement and time limit is expected to 
result in additional burden for State agencies as this is a new 
requirement. However, having this information may mean that ABAWDs 
better understand the work requirement and how to meet it, and thus are 
better able to fulfill those requirements and retain SNAP eligibility. 
States agencies are already required to inform work registrants and 
mandatory E&T participants of their respective work requirements in 
existing regulations at 7 CFR 273.7(c) (OMB Control Number 0584-0064; 
Expiration date 7/31/2020). Similarly, the requirement that State 
agencies re-direct ill-suited individuals is expected to increase State 
agency burden as the State will need to generate a notice of E&T 
participation change that would be sent to the participant. Together, 
this additional burden is expected to cost approximately $1.5 million 
annually, with costs divided equally between

[[Page 15323]]

State agencies and the Federal Government. The table below shows how 
these estimates were derived.
---------------------------------------------------------------------------

    \7\ Estimates of occurrences of ABAWD notifications are based on 
the expected number of SNAP ABAWD participants in FY 2021, adjusted 
to account for individuals expected to lose eligibility as a result 
of recently-finalized rules related to geographic waivers of the 
time limit. Estimates of notices of ill-suited determination assume 
10 percent of E&T participants are found to be ill-suited for their 
assigned activity. For more information on these estimates, please 
see the Paperwork Reduction Act section of this proposed rule.
    \8\ Based on the Bureau of Labor Statistics May 2018 
Occupational and Wage Statistics for ``eligibility interviewers, 
government programs,'' available at https://www.bls.gov/oes/tables.htm.

  Table 3--State Agency Cost of Burden Related To Sending New Required
                                 Notices
------------------------------------------------------------------------
                                                           Notice of E&T
                                           ABAWD written   participation
                                             statement        change
------------------------------------------------------------------------
Occurrences per year \4\................       2,029,000          46,000
Burden hours per occurrence \7\.........            .033            .033
Hourly wage rate \8\....................          $22.34          $22.34
                                         -------------------------------
    Total Annual Cost (Federal and State            $1.5           $0.03
     shares, millions)..................
------------------------------------------------------------------------

    The Department also anticipates a small ($0.02 million) one-time 
burden for State Agencies to develop the new ABAWD written statement, 
the notice of E&T Participation Change, and the list of employment and 
training services that will be provided to work registrant households 
at certification and recertification This assumes States spend on 
average 24 hours developing each new notice and an average wage of 
$18.02 per hour (24 * 18.02 * 53 State Agencies = $22,900).
    Households will also face new burden associated with reviewing 
these documents when received. Households with work registrants, who 
will receive a list of E&T services at certification and 
recertification, will also face additional burden associated with 
reading that list. Each activity is expected to result in a minimal 
amount of administrative burden, about $1.1 million total over the 
three activities.
---------------------------------------------------------------------------

    \9\ Estimates of occurrences of ABAWD notifications are based on 
the expected number of SNAP ABAWD participants in FY 2021, adjusted 
to account for individuals expected to lose eligibility as a result 
of recently-finalized rules related to geographic waivers of the 
time limit. Estimates of notices of ill-suited determination assume 
10 percent of E&T participants are found to be ill-suited for their 
assigned activity. For more information on these estimates, please 
see the Paperwork Reduction Act section of this proposed rule.
    \10\ Based on the Bureau of Labor Statistics May 2018 
Occupational and Wage Statistics for ``eligibility interviewers, 
government programs,'' available at https://www.bls.gov/oes/tables.htm.

                     Table--Household Cost of Burden Related To Reading New Required Notices
----------------------------------------------------------------------------------------------------------------
                                                                                                      List of
                                                                   ABAWD written   Notice of E&T  employment and
                                                                     statement     participation     training
                                                                                      change         services
----------------------------------------------------------------------------------------------------------------
Occurrences per year \4\........................................       2,029,000          46,000       5,496,000
Burden hours per occurrence \9\.................................             .02             .02             0.2
Hourly wage rate \10\...........................................           $7.25           $7.25           $7.25
                                                                 -----------------------------------------------
    Total Annual Cost (Federal and State shares, millions)......            $0.3           ( * )            $0.8
----------------------------------------------------------------------------------------------------------------
* Minimal--less than $1 million.

    While these changes are estimated to increase burden for State 
agencies, these changes are expected to provide important protections 
to individuals subject to the ABAWD time limit. The notice requirements 
will help ensure that these individuals are adequately informed of 
their responsibilities with respect to work requirements and of what 
steps they should take in order to comply with those requirements or if 
they believe they should be exempt from those requirements.

Changes to Reporting Requirements

    The proposed rule would also modify the required reporting elements 
in the quarterly E&T Program Activity Report provided by State agencies 
to include the number of SNAP participants who are required to 
participate in E&T and, of those, the number who begin participation. 
Reporting on these additional elements is expected to increase 
reporting burden on 17 State agencies that currently operate mandatory 
E&T programs. The Department will add two reporting elements to form 
FNS-583, which State agencies must submit annually with the fourth 
quarter report. This additional burden is expected to be of minimal 
cost to State agencies.
---------------------------------------------------------------------------

    \11\ Based on the Bureau of Labor Statistics May 2018 
Occupational and Wage Statistics for ``Office and Administrative 
Support Workers, All other,'' available at https://www.bls.gov/oes/tables.htm.

    Table 5--Cost of State Agency Burden, New Reporting Requirements
------------------------------------------------------------------------
                                                           State agency
                                                              burden
------------------------------------------------------------------------
State agencies..........................................              17
Reports per year (2 additional elements)................               1

[[Page 15324]]

 
Hours per response......................................           516.9
Hourly wage rate \11\...................................          $18.02
                                                         ---------------
    Total Annual Cost (Federal and State shares)........           ( * )
------------------------------------------------------------------------
* minimal--less than $1 million.

Overall Impact on E&T Spending
    In addition to the 100 percent grant funding provided by the 
Federal Government, most States spend their own funds on SNAP E&T 
services. This additional State E&T spending is matched by the Federal 
Government and referred to as 50-50 spending.
    While the rule provisions are expected to result in some additional 
cost to State agencies (primarily related to case management and 
administrative burden), it is the Department's belief that States will 
use the following strategies as they modify their E&T programs in 
accordance with the statutory and regulatory changes:
     In the first five years after implementation, the 
Department expects that most States will use 100 percent grant funding, 
including the increased funding provided through the 2018 Farm Bill, to 
pay for the required case management services.
     The Department anticipates that changes to allowable 
components and activities, which may result in a higher cost per E&T 
participant, will initially be managed by adjusting the number of 
participants served through various components/activities rather than 
through investment of additional 50-50 matching funds by State 
Agencies. State Agencies' budgets are often less flexible (for example, 
prohibitions on running a deficit or budgets that cover multiple years) 
and may not permit immediate increases in State E&T spending.
     Over the five year period covered by these estimates, the 
Department expects that some but not all States will increase their 
investment in 50-50 matching funds to cover both the costs of case 
management services and to permit greater participation in new 
allowable activities and components that may show more success in 
moving individuals toward greater self-sufficiency.
    In total, we estimate that these provisions of the rule will 
increase spending on E&T by $4 million in Fiscal Year (FY) 2020, and by 
$52 million over the five FYs 2020-2024. Costs would be shared equally 
between the Federal Government and State agencies.
    The estimates were derived as follows:
     Between FY 2016 and FY 2018, the Federal share of 50-50 
spending increased by about $17 million, from $171 million to $188 
million. Therefore, we assume that the Federal share of State 50-50 
spending would have increased by about $8 million per year.
     In response to the changes in allowable components and 
activities as well as the case management requirement, we assume that 
each year a small number of States increase their 50-50 spending beyond 
current projected spending. In FY 2020, we assume 4 States spend about 
10 percent more, and by FY 2024 17 States have increased their spending 
by about 10 percent overall.
     The per-State increase in 50-50 spending is approximately 
$0.5 million per State. The per-State increase is estimated as follows: 
A 10 percent increase in 50-50 spending equals $20.5 million in FY 
2020. There are 53 State agencies (including the District of Columbia, 
Guam, and the US Virgin Islands), 43 of which currently spend 50-50 
funding on E&T services, therefore $20.5 million is divided by 43 to 
calculate the average ($20.5 million/43 = $0.49 million).

                                              Table 6--Expected Increase In State 50-50 Spending Over Time
                                                                  [Dollars in millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              FY 2020         FY 2021         FY 2022         FY 2023         FY 2024          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-Farm Bill projected 50-50 spending..................             205             213             221             229             237  ..............
10% increase (amount per State).........................             .49             .49             .49             .49             .49  ..............
Number of States increasing spending....................               4               6               8              12              17  ..............
State agency Cost.......................................               2               3               4               7               9              26
Total, Federal + State..................................               4               6               9              14              19              52
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

Benefits of Proposed Rule
    The Department believes the statutory changes made by Section 4005 
of the 2018 Farm Bill are intended to strengthen E&T programs and 
improve SNAP participants' ability to gain and retain employment, thus 
reducing participant reliance on the social safety net. The changes 
contained in the proposed rule allow for more evidence-based 
activities, requiring more accountability on the part of both State 
agencies and E&T participants, while also retaining State flexibility. 
The requirement to inform ABAWDs of their work requirement will help 
ensure that these individuals are adequately informed of their 
responsibilities with respect to work requirements and of what steps 
they should take in order to comply with those requirements, or if they 
believe they should be exempt from those requirements.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies 
to analyze the impact of rulemaking on small entities and consider 
alternatives that would minimize any significant impacts on a 
substantial number of small entities. Pursuant to that review, the 
Secretary certifies that this rule would not have a significant impact 
on a substantial number of small entities. This proposed rule would not 
have an impact on small entities because the

[[Page 15325]]

changes required by the regulations are directed toward State agencies 
operating SNAP programs and SNAP E&T programs.

Executive Order 13771

    This proposed rule is expected to be an E.O. 13771 regulatory 
action.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
Department generally must prepare a written statement, including a cost 
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local, or tribal 
governments, in the aggregate, or the private sector, of $100 million 
or more in any one year. When such a statement is needed for a rule, 
section 205 of the UMRA generally requires the Department to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the most cost effective or least burdensome alternative that achieves 
the objectives of the rule.
    This proposed rule does not contain Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local, and 
tribal governments or the private sector of $100 million or more in any 
one year. Thus, the rule is not subject to the requirements of sections 
202 and 205 of the UMRA.

Executive Order 12372

    This Supplemental Nutrition Assistance Program is listed in the 
Catalog of Federal Domestic Assistance under Number 10.551 and is 
subject to Executive Order 12372, which requires intergovernmental 
consultation with State and local officials. (See 2 CFR chapter IV.) 
FNS Regional offices are in contact with State agencies, who provide 
feedback on policies and procedures for the E&T program and overall 
SNAP policy.

Federalism Summary Impact Statement

    Executive Order 13132 requires Federal agencies to consider the 
impact of their regulatory actions on State and local governments. 
Where such actions have federalism implications, agencies are directed 
to provide a statement for inclusion in the preamble to the regulations 
describing the agency's considerations in terms of the three categories 
called for under section (6)(b)(2)(B) of Executive Order 13121.
    The Department has considered the impact of this rule on State and 
local governments and has determined that this rule does not have 
federalism implications. Therefore, under section 6(b) of the Executive 
Order, a federalism summary is not required.

Executive Order 12988, Civil Justice Reform

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is intended to have preemptive effect 
with respect to any State or local laws, regulations or policies which 
conflict with its provisions or which would otherwise impede its full 
and timely implementation. This rule is not intended to have 
retroactive effect unless so specified in the Effective Dates section 
of the final rule. Prior to any judicial challenge to the provisions of 
the final rule, all applicable administrative procedures must be 
exhausted.

Civil Rights Impact Analysis

    FNS has reviewed this proposed rule in accordance with USDA 
Regulation 4300-4, ``Civil Rights Impact Analysis,'' to identify any 
major civil rights impacts the rule might have on program participants 
on the basis of age, race, color, national origin, sex or disability. 
After a careful review of the rule's intent and provisions, FNS has 
determined that this rule is not expected to affect the participation 
of protected individuals in the Supplemental Nutrition Assistance 
Program.

Executive Order 13175

    Executive Order 13175 requires Federal agencies to consult and 
coordinate with Tribes on a government-to-government basis on policies 
that have Tribal implications, including regulations, legislative 
comments, or proposed legislation. Additionally, other policy 
statements or actions that have substantial direct effects on one or 
more Indian Tribes, the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes also require 
consultation. FNS consulted with tribes on this issue at the USDA Farm 
Bill Implementation Consultation held on May 1, 2019 in Washington DC 
The tribes had no comment. If further consultation is requested, the 
Office of Tribal Relations will work with FNS to ensure quality 
consultation is provided.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR part 
1320) requires the Office of Management and Budget (OMB) approve all 
collections of information by a Federal agency before they can be 
implemented. Respondents are not required to respond to any collection 
of information unless it displays a current valid OMB control number.
    In accordance with the Paperwork Reduction Act of 1995, this 
proposed rule contains information collections that are subject to 
review and approval by the Office of Management and Budget; therefore, 
FNS is submitting for public comment the changes in the information 
collection burden that would result from adoption of the proposals in 
the rule.
    Comments on this proposed rule must be received by May 18, 2020.
    Send comments to the Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for FNS, Fax: 202-395-7285, or email to 
[email protected]. Please also send a copy of your comments 
to Leigh Gantner, Supplemental Nutrition Assistance Program (SNAP), 
1320 Braddock Place, Alexandria, VA 22314. For further information, or 
for copies of the information collection requirements, please contact 
Leigh Gantner at the address indicated above. Comments are invited on: 
(a) Whether the proposed collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information shall have practical utility; (b) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on those who are to respond, including use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.
    Title: Employment and Training Opportunities in the Supplemental 
Nutrition Assistance Program.
    OMB Number: 0584-NEW.
    Form Number: FNS 583.
    Expiration Date: N/A.
    Type of Request: New request.
    Abstract: This proposed rule would implement changes made by 
Section 4005 of the Act to the E&T program to strengthen State and 
Federal accountability to move SNAP participants toward self-
sufficiency. FNS is requesting a new OMB Control

[[Page 15326]]

Number for the requirements in this proposed rule. Some of the proposed 
changes will modify current regulations resulting in an increase in the 
reporting burden for State agencies. Other requirements are new and 
will result in new mandatory reporting burden requirements for State 
agencies, as well as individuals participating in E&T. First, the Act 
requires that State agencies provide individuals participating in E&T 
with case management services. Many State agencies already provide case 
management activities to SNAP E&T participants; however, State agencies 
are not currently reporting this activity to the Department and the 
Department is not currently collecting case management activities from 
these State agencies. This regulatory change to require that State 
agencies provide these services as part of their E&T programs and 
include them in their E&T State plans will help ensure that E&T 
participants receive the guidance and support needed to move toward 
self-sufficiency. Second, the Act establishes that individuals 
participating in an E&T component who are determined ill-suited by the 
E&T provider for that component, must be engaged by the State agency to 
assess their mental or physical fitness or to identify another type of 
training or assistance. The Department proposes at 7 CFR 
273.7(c)(18)(i) that individuals who have been determined ill-suited be 
sent a Notice of Employment and Training Participation Change (NETPC) 
by the State agency informing them of this determination. This notice 
will constitute a new burden for State agencies and for SNAP 
participants who must read the notice. Third, to increase State 
accountability for moving SNAP participants toward self-sufficiency, 
the Department proposes at 7 CFR 273.7(c)(11) to add two additional 
data elements to the final quarterly E&T Program Activity Report (FNS 
583 reports) (SNAP Employment and Training Program activity Report; OMB 
Control Number: 0584-0594; Expiration Date: 09/30/2019; currently under 
renewal) to collect information on the number of SNAP participants who 
are required by the State agency to participate in an E&T program, and 
of those the number who actually begin to participate in an E&T 
program. Fourth, the Department proposes in new 7 CFR 273.24(b)(8) to 
add a State agency requirement to inform every ABAWD in writing about 
the ABAWD work requirement and time limit, thus creating a new burden 
to develop and provide this written statement, and to participants to 
read this statement. This proposed requirement to inform ABAWDs of 
their work requirement will be added to a proposed consolidate written 
statement that will consolidate the requirements to inform ABAWDs, work 
registrants, and mandatory E&T participants of their work requirements, 
as applicable. The requirements to inform work registrants and 
mandatory E&T participants of their work requirements are already 
covered by an existing burden (OMB Control number: 0584-0064; 
Expiration Date 7/31/2020; under renewal). And fifth, the Department 
proposes in new 7 CFR 273.14(b)(5) that, at a minimum, the State agency 
provide zero income households with no elderly or disabled members a 
list of available employment and training services for household 
members subject to the general work requirements either electronically 
(e.g., on a website or in an email) or in printed form. This 
requirements creates a new burden on State agencies to develop the list 
of opportunities and for participants to read the list. The Department 
notes that the proposed rule would also create a new requirement for 
State agencies to consult with their workforce development boards, and 
to explain in their E&T State plans the extent to which they will 
coordinate with title I of WIOA. Based on the existing regulatory 
requirement to work with their State workforce development systems, 
this information is already collected by the Department through the E&T 
State plans and is included in an existing burden (OMB Control Number: 
0584-0083; Expiration Date: 7/31/2020), as a result the new Farm Bill 
requirement is not expected to increase the existing burden.
    The basic recordkeeping requirement for household case file 
documentation is part of OMB Control Number: 0584-0064; Expiration Date 
07/312020. FNS will add additional burden to this collection to 
accommodate the increased burden resulting from providing case 
management to E&T participants. The recordkeeping burden for the FNS 
583 is already sufficient as documented in OMB Control Number: 0584-
0339; Expiration Date: 01/31/2021. FNS intends to merge this updated 
reporting burden estimates into 0584-0594 and 0584-0064, once the final 
rulemaking information collection request is approved. At that time, 
FNS will publish a separate notice in the Federal Register announcing 
OMB's approval.
    Respondents: There are 53 State agencies with 159 SNAP State 
agencies employees who will participate in this data collection.
    Estimated Number of Respondents: 159.
    Estimated Number of Responses per Respondent: 31,972.107.
    Estimated Total Annual Responses: 5,083,565.
    Estimated Time per Response: 0.1362451 hours.
    Estimated Total Annual Burden on Respondents: 692,611 hours.
    Respondents: 8,030,999 (Individuals) SNAP E&T participants.
    Estimated Number of Respondents: 8,030,999.
    Estimated Number of Responses per Respondent: 1.130.
    Estimated Total Annual Responses: 9,075,199.
    Estimated Time per Response: 0.0872938 hours.
    Estimated Total Annual Burden on Respondents: 792,209.
    The total burden for this rulemaking is 1,484,820 burden hours and 
14,158,764 total annual responses.

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                    Number of   Estimated               Differences
                                                                                      Description of       Estimated      Estimated       Total      burden       total     Previous      due to      Difference   Hourly     Estimated
           Reg. section                Affected public        Respondent type            activity          number of    frequency of     annual     hours per    burden      burden       program       due to      wager      cost to
                                                                                                          respondents     response      responses   response      hours    hours used     changes     adjustment   rate *    respondents
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7 CFR 273.7(c)(1).................  State Agencies.......  State Agency E&T Case  Provide Case                     53          28,381   1,504,193       0.326     490,367           0             0            0    $30.12   $14,769,852
                                                            Manager *.             Management Services.
7 CFR 273.7(c)(1).................                         State Agency E&T Case  Document Case                    53          28,381   1,504,193        0.08     120,335           0             0            0     30.12     3,624,503
                                                            Manager *.             Management Services.
7 CFR 273.7(c)(18)(i).............                         State Eligibility      Generate notice of               53             868      46,004      0.0334       1,537           0             0            0     22.34        34,326
                                                            worker *.              ill-suited
                                                                                   determination.
7 CFR 273.7(c)(11)................                         State Agency           Reporting FNS 583                53               4         212          98      20,776      21,889             0        1,113    $18.02      $374,384
                                                            Administrative Staff   data elements **
                                                            *.                     (OMB Control Number
                                                                                   0584-0594).
7 CFR 273.7(c)(11)................                         State Agency           Reporting additional             17               1          17       516.9       8,788           0         8,788            0     18.02       158,360
                                                            Administrative Staff   FNS 583 data
                                                            *.                     elements.

[[Page 15327]]

 
7 CFR 273.7(a)(5).................                         State Eligibility      Inform ABAWDs of the             53          38,283   2,028,999      0.0334      67,769           0             0            0     22.34     1,513,950
                                                            worker *.              ABAWD work
                                                                                   requirement and time
                                                                                   limit in writing.
7 CFR 273.7(a)(5).................                         State Agency           Develop ABAWD written            53               1          53          24       1,272           0             0            0     18.02        22,921
                                                            Administrative Staff   statement.
                                                            *.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Sub-Total State Agencies...........................................................................           159       95,915.00   5,083,459    0.135748     690,067  ..........  ............  ...........  ........    20,123,912
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7 CFR 273.7(c)(1).................  Individual &           E&T Participants.....  Participate in Case         460,000            3.27   1,504,200       0.426     640,789           0             0            0      7.25     4,645,720
                                     Household.                                    Management.
7 CFR 273.7(c)(18)(i).............  Individual &           E&T Participants.....  Read notice of ill-          46,000               1      46,000        0.02         920           0             0            0      7.25          6670
                                     Household.                                    suited determination.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Sub-Total Individual/Households....................................................................       506,000            4.27   1,550,200    0.413952     641,709  ..........  ............  ...........  ........     4,652,390
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
        Grand Total Reporting Burden with both affected public and States..............................       506,159       95,919.27   6,633,659     0.20076   1,331,776      21,858         8,788        1,113  ........    24,776,302
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7 CFR 273.7(c)(1).................  State Agencies.......  State Agency E&T Case  Provide Case                     53          28,381   1,504,193       0.326     490,367           0             0            0     30.12    14,769,852
                                                            Manager *.             Management Services.
7CFR 273.7(c)(1)..................                         State Agency E&T Case  Document Case                    53          28,381   1,504,193        0.08     120,335           0             0            0     30.12     3,624,503
                                                            Manager *.             Management Services.
7 CFR 273.7(c)(18)(i).............                         State Agency           Develop Notice of                53               1          53          24       1,272           0             0            0     18.02        22,921
                                                            Administrative Staff   Employment and
                                                            *.                     Training
                                                                                   Participation Change
                                                                                   (NETPC).
7 CFR 273.7(c)(18)(i).............                         State Eligibility      Generate Notice of               53             868      46,004      0.0334       1,537           0             0            0     22.34        34,326
                                                            worker *.              Employment and
                                                                                   Training
                                                                                   Participation Change
                                                                                   (NETPC).
7 CFR 273.7(c)(11)................                         State Agency           Reporting FNS 583                53               4         212          98      20,776      21,889             0        1,113     18.02       374,384
                                                            Administrative Staff   data elements **
                                                            *.                     (OMB Control Number
                                                                                   0584-0594).
7 CFR 273.7(c)(11)................                         State Agency           Reporting additional             17               1          17       516.9       8,788           0         8,788            0     18.02       158,360
                                                            Administrative Staff   FNS 583 data
                                                            *.                     elements.
7 CFR 273.7(a)(5).................                         State Agency           Develop ABAWD written            53               1          53          24       1,272           0             0            0     18.02        22,921
                                                            Administrative Staff   statement of work
                                                            *.                     requirements.
7 CFR 273.7(a)(5).................                         State Eligibility      Inform ABAWDs of the             53          38,283   2,028,999      0.0334      67,769           0             0            0     22.34     1,513,950
                                                            worker *.              ABAWD work
                                                                                   requirement.
7 CFR 273.14(b)(5)................                         State Agency           Develop list of                  53               1          53          24       1,272           0             0            0     18.02        22,921
                                                            Administrative Staff   Employment and
                                                            *.                     Training Services.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Sub-Total State Agencies...........................................................................           159      31,972.107   5,083,565    0.136245     692,611  ..........  ............  ...........  ........    20,169,755
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7 CFR 273.7(c)(1).................  Individual &           E&T Participants.....  Participate in Case         460,000            3.27   1,504,200       0.426     640,789           0             0            0      7.25     4,645,720
                                     Household.                                    Management.
7 CFR 273.7(c)(18)(i).............                         E&T Participants.....  Read Notice of               46,000               1      46,000        0.02         920           0             0            0      7.25         6,670
                                                                                   Employment and
                                                                                   Training
                                                                                   Participation Change.
7 CFR 273.7(a)(5).................                         E&T Participants.....  Read written              2,028,999               1   2,028,999        0.02      40,580           0             0            0      7.25       294,205
                                                                                   statement of work
                                                                                   requirements.
7 CFR 273.14(b)(5)................                         E&T Participants.....  Read list of              5,496,000               1   5,496,000        0.02     109,920           0             0            0      7.25       796,920
                                                                                   Employment and
                                                                                   Training Services.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Sub-Total Individual/Households....................................................................     8,030,999      1.13002118   9,075,199    0.087294     792,209  ..........  ............  ...........  ........     5,743,515
                                   -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
        Grand Total Reporting Burden with both affected public and States..............................     8,031,158       31,973.24  14,158,764    0.104869   1,484,820      21,858         8,788        1,113  ........    25,913,270
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Each State Eligibility worker is counted once as all State Agency employees.
** Note: FNS has not included the burden already approved for the current 583 reporting elements w/additional funds in the grand total. The current FNS 583 reporting elements are undergoing a separate revision with OMB control
  number: 0584-0594; Expiration Date: 9/30/19 (currently going through agency revisions); FNS is not seeking approval for these burden estimates in the request. All burden hours associated with the FNS 583 will be merged into 0584-
  0594 when OMB approves the information collection request (ICR) associated with the Final Rule.
*** Based on the Bureau of Labor Statistics May 2018 Occupational and Wage Statistics (https://www.bls.gov/oes/current/)--the salaries of the case managers are considered to be ``Social Workers--other'' (21-1029) functions valued at
  $30.12 per staff hour. The salaries of the eligibility workers are considered to be ``Eligibility Interviewers, government programs'' (43-4061) functions valued at $22.34. The salaries of Office and Administrative Support Workers,
  All other (43-9199) is $18.02 per hour. The $7.25 used to calculate a cost to applicants is the Federal minimum wage.

E-Government Act Compliance

    The Department is committed to complying with the E-Government Act 
of 2002, to promote the use of the internet and other information 
technologies to provide increased opportunities for citizen access to 
Government information and services, and for other purposes.

List of Subjects

7 CFR Part 271

    Administrative practice and procedures, Food stamps, Grant 
programs--social programs.

7 CFR Part 273

    Administrative practice and procedures, Food stamps, Grant 
programs--social programs, Penalties, Reporting and recordkeeping.

    Accordingly, 7 CFR parts 271 and 273 are proposed to be amended as 
follows:

PART 271 --GENERAL INFORMATION AND DEFINITIONS

0
1. The authority citation for part 271 continues to read as follows:


[[Page 15328]]


    Authority:  7 U.S.C. 2011-2036.

0
2. In Sec.  271.2:
0
a. Remove the definitions of ``Employment and training (E&T) 
component'' and ``Employment and training (E&T) mandatory participant'' 
and add in their places the definitions ``Employment and Training (E&T) 
component'' and ``Employment and Training (E&T) mandatory 
participant'', respectively;
0
b. Add the definition of ``Employment and Training (E&T) participant'' 
in alphabetical order;
0
c. Remove the definition of ``Employment and training (E&T) program'' 
and add in its place the definition of ``Employment and Training (E&T) 
program'';
0
d. Add the definition of ``Employment and Training (E&T) voluntary 
participant'' in alphabetical order; and
0
e. Remove the definition of ``Placed in an employment and training 
(E&T) program''.
    The additions and revisions read as follows:


Sec.  271.2  Definitions.

* * * * *
    Employment and Training (E&T) component a work experience, work 
training, supervised job search, or other program described in section 
6(d)(4)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2015(d)(4)(B)(i)) designed to help SNAP participants move promptly into 
unsubsidized employment.
    Employment and Training (E&T) mandatory participant a supplemental 
nutrition assistance program applicant or participant who is required 
to work register under 7 U.S.C. 2015(d)(1) or (2) and who the State 
determines should not be exempted from participation in an employment 
and training program and is required to participate in E&T.
    Employment and Training (E&T) participant means an individual who 
meets the definition of a mandatory or voluntary E&T participant.
    Employment and Training (E&T) program means a program operated by 
each State agency consisting of case management and one or more E&T 
components.
    Employment and Training (E&T) voluntary participant means a 
supplemental nutrition assistance program applicant or participant who 
volunteers to participate in an employment and training (E&T) program.
* * * * *

PART 273--CERTIFICATION OF ELIGIBLE HOUSEHOLDS

0
3. The authority citation for part 273 continues to read as follows:

    Authority:  7 U.S.C. 2011-2036.

0
4. In Sec.  273.7:
0
a. Revise paragraphs (c)(1) through (3) and the first sentence of 
paragraph (c)(4);
0
b. Amend paragraph (c)(5) by adding a sentence at the beginning of the 
paragraph;
0
c. Amend paragraph (c)(6)(i) by adding two sentences after the second 
sentence;
0
d. Redesignate paragraphs (c)(6)(ii) through (xvii) as paragraphs 
(c)(6)(iii) through (c)(6)(xviii), respectively, and add a new 
paragraph (c)(6)(ii);
0
e. Amend newly redesignated paragraph (c)(6)(xi) by removing the word 
``components'' and adding in its place the word ``program'';
0
f. Amend newly redesignated paragraph (c)(6)(xii) by adding four 
sentences after the second sentence;
0
g. Add paragraph (c)(6)(xix);
0
h. Amend paragraph (c)(9)(iv) by removing the words ``15 percent 
exemption allowance'' and adding in their place the words 
``discretionary exemptions'';
0
i. Amend paragraph (c)(11)(i) by removing the word ``and'' at the end 
of the paragraph;
0
j. Amend paragraph (c)(11)(ii) by removing the period at the end and 
adding in its place ``; and'';
0
k. Add paragraphs (c)(11)(iii), (c)(17)(x), and (c)(18);
0
l. Amend paragraph (d)(1)(i)(C) by removing the number ``$50,000'' in 
every place it appears and adding in its place the number ``$100,000'';
0
m. Remove paragraph (d)(1)(i)(D);
0
n. Amend paragraph (d)(1)(ii)(A) by removing the word ``component'' in 
every place it appears and adding in their place the word ``program'' 
and by removing the words ``to subsidize the wages of participants, 
or'';
0
o. Add paragraph (d)(1)(iii);
0
p. Revise the first sentence of paragraph (d)(4)(v) and paragraph (e) 
introductory text;
0
q. Redesignate paragraphs (e)(1) through (4) as paragraphs (e)(2) 
through (5) and add a new paragraph (e)(1);
0
r. Amend newly redesignated paragraph (e)(2) introductory text by 
revising sentences seven and eight;
0
s. Revise newly designated paragraphs (e)(2)(i), (ii), and (iv);
0
t. Amend newly redesignated paragraph (e)(2)(v) by removing the words 
``, or a WIA or State or local program'';
0
u. Amend newly redesignated paragraph (e)(2)(viii) by adding a sentence 
after the second sentence;
0
v. Add paragraph (e)(2)(ix);
0
w. Amend newly redesignated paragraph (e)(4)(i) by adding the words 
``case management or'' after the words ``the length of time a 
participant spends in'';
0
x. Amend newly redesignated paragraph (e)(4)(ii) in the first sentence 
by removing the text ``(e)(1)(iii) and (e)(1)(iv)'' and adding in its 
place the text ``(e)(2)(iii) and (iv)'' and in the second sentence by 
removing the word ``component'' and adding in its place the word 
``program'';
0
y. Amend newly redesignated paragraph (e)(5)(i) by removing the words 
``program components'' and adding in its place the text ``an E&T 
program'';
0
z. Amend newly redesignated paragraph (e)(5)(ii) by removing the word 
``component'' and adding in its place the word ``program'';
0
aa. Revise newly redesignated paragraph (e)(5)(iii);
0
bb. Amend paragraph (f)(1) introductory text by removing the text 
``paragraphs (i)(2) and (i)(3)'' and adding in its place ``paragraphs 
(i)(2), (3), and (4)'';
0
cc. Amend paragraph (f)(6) in the third sentence by adding the words 
``or service of the E&T program'' after the words ``relevant 
component'' and in the fifth sentence by removing the word 
``component'' and adding its place the word ``program'';
0
dd. Redesignate paragraph (i)(4) as paragraph (i)(5) and add a new 
paragraph (i)(4);
0
ee. Remove the heading from newly redesignated paragraph (i)(5); and
0
ff. Add paragraph (n).
    The revisions and additions read as follows:


Sec.  273.7  Work provisions.

* * * * *
    (c) * * *
    (1) The State agency must register for work each household member 
not exempted by the provisions of paragraph (b)(1) of this section.
    (i) As part of the work registration process, the State agency must 
orally explain to the individual the pertinent work requirements, the 
rights and responsibilities of work-registered household members, and 
the consequences of failure to comply. This explanation must also be 
provided when a previously exempt individual or new household member 
becomes a work registrant, and at recertification.
    (ii) The State agency must also provide the information in 
paragraph

[[Page 15329]]

(c)(1)(i) of this section in a written statement to each individual in 
the household who is registered for work explaining the work 
requirements. If the individual is an able-bodied adult without 
dependents (ABAWD) in accordance with Sec.  273.24(a), required to 
participate in E&T in accordance with paragraph (c)(2) of this section, 
or both, the written statement must also consolidate and explain these 
applicable work requirements. The consolidated written statement must 
include all pertinent information related to each of the applicable 
work requirements, including: An explanation of each applicable work 
requirement; exemptions from each applicable work requirement; the 
rights and responsibilities of each applicable work requirement for 
individuals subject to the work requirements; what is required to 
maintain eligibility under each applicable work requirement; pertinent 
dates by which an individual must take any actions to remain in 
compliance with each of the applicable work requirements; the 
consequences for failure to comply with each applicable work 
requirement; and any other information the State agency believes would 
assist the household members with compliance. If the individual is 
subject to mandatory E&T, the consolidated written statement must also 
explain the individual's right to receive participant reimbursements 
for allowable expenses related to participation in E&T, up to any 
applicable State cap, and the responsibility of the State agency to 
exempt the individual from the requirement to participate in E&T if the 
individual's allowable expenses exceed what the State agency will 
reimburse, as provided in paragraph (d)(4) of this section. In 
addition, as stated in paragraphs (c)(1)(i) and (c)(2) of this section, 
and Sec.  273.24(a)(5), the State agency must provide a comprehensive 
oral explanation to the household of each applicable work requirement 
pertaining to individuals in the household. Both the consolidated 
written statement and the comprehensive oral explanation must be 
provided at certification, recertification, and when a previously 
exempt individual or new household member becomes subject to a work 
requirement.
    (iii) The State agency must permit the applicant to complete a 
record or form for each household member required to register for 
employment in accordance with paragraph (a)(1)(i) of this section. 
Household members are considered to have registered when an 
identifiable work registration form is submitted to the State agency or 
when the registration is otherwise annotated or recorded by the State 
agency.
    (2) The State agency is responsible for screening each work 
registrant to determine whether or not it is appropriate, based on the 
State agency's criteria, to require the individual to participate in an 
E&T program. Upon making this determination, the State agency must 
inform the participant orally of the requirements of the program, what 
will constitute noncompliance, and the sanctions for noncompliance. The 
State agency must also provide this information to the participant in 
writing, as specified in paragraph (c)(1)(ii) of this section. The 
State agency is also responsible for referring mandatory E&T 
participants, as defined in paragraph (e) of this section and Sec.  
272.1, required to participate in E&T to the E&T program. The State 
agency may establish their own procedures for this referral, which may 
vary from participant to participant, but in all cases, the E&T 
participant must receive both case management services and at least one 
E&T component while participating in E&T. The State agency must 
determine the order the participant will receive the elements of an E&T 
program (e.g., case management followed by a component, case management 
embedded within a component, etc.) and explain what the participant 
must do next to access the E&T program. If there is not an appropriate 
and available opening in an E&T program, the State agency must 
determine the participant has good cause for failure to comply with the 
mandatory E&T requirement in accordance with paragraph (i)(4) of this 
section. The State agency may, with FNS approval, use intake and 
sanction systems that are compatible with its title IV-A work program. 
Such systems must be proposed and explained in the State agency's E&T 
State Plan.
    (3) After learning of an individual's non-compliance with SNAP work 
requirements in paragraph (a) of this section, the State agency must 
issue a notice of adverse action to the individual, or to the household 
if appropriate, within 10 days of establishing that the noncompliance 
was without good cause. The notice of adverse action must meet the 
timeliness and adequacy requirements of Sec.  273.13. If the individual 
complies before the end of the advance notice period, the State agency 
will cancel the adverse action. If the State agency offers a 
conciliation process as part of its E&T program, it must issue the 
notice of adverse action no later than the end of the conciliation 
period. Mandatory E&T participants who have been determined ill-suited 
for participation in an E&T component in accordance with paragraph 
(c)(18)(i) of this section shall not be subject to disqualification for 
refusal without good cause to participate in a mandatory E&T program 
until after the State has taken one of the four actions in paragraph 
(c)(18)(i)(B) of this section, and the individual subsequently refuses 
to participate without good cause.
    (4) The State agency must design and operate an E&T program that 
consists of case management services in accordance with paragraph 
(e)(1) of this section and at least one or more, or a combination of, 
employment and/or training components as described in paragraph (e)(2) 
of this section. * * *
    (5) The State agency must design its E&T program in consultation 
with the State workforce development board, or with private employers 
or employer organizations if the State agency determines the latter 
approach is more effective and efficient. * * *
    (6) * * *
    (i) * * * If a State agency plans to offer supervised job search in 
accordance with paragraph (e)(2)(i) of this section, the State agency 
must also include in the E&T plan a summary of the State guidelines 
implementing supervised job search. This summary of the State 
guidelines, at a minimum, must describe: The State-approved locations 
for supervised job search and how they were selected; and how the 
supervised job search component meets the requirements to directly 
supervise the activities of participants and track the timing and 
activities of participants;
    (ii) A description of the case management services and models, the 
cost for providing the services, how participants will be referred to 
case management, how the participant's case will be managed, who will 
provide services, and how the service providers will coordinate with 
E&T providers, the State agency, and other community resources, as 
appropriate;
* * * * *
    (xii) * * * The State agency must document how it consulted with 
the State workforce development board. If the State agency consulted 
with private employers or employer organizations in lieu of the State 
workforce development board, it must document this consultation and 
explain the determination that doing so was more effective or 
efficient. The State agency must include in its E&T State plan a 
description of any outcomes from the consultation with the State 
workforce development board or private employers

[[Page 15330]]

or employer organizations. The State agency must also address in the 
E&T State plan the extent to which E&T activities will be carried out 
in coordination with the activities under title I of WIOA;
* * * * *
    (xix) Any State agency that will be requesting Federal funds that 
may become available for reallocation in accordance with paragraph 
(d)(1)(iii)(A), (B), or (D) of this section should include this request 
in the E&T State plan for the year the State agency would plan to use 
the reallocated funds. The request must include a separate budget and 
narrative explaining how the State agency intends to use the 
reallocated funds. FNS will review all State agency requests for 
reallocated funds and notify State agencies of the approval of any 
reallocated funds in accordance with regulations at paragraph 
(d)(1)(iii)(E) of this section. FNS' approval or denial of requests for 
reallocated funds will occur separately from the approval or denial of 
the rest of the E&T State plan.
* * * * *
    (11) * * *
    (iii) Number of SNAP participants required to participate in E&T by 
the State agency and of those the number who begin participation in an 
E&T program. An E&T participant begins to participate in an E&T program 
when the participant commences at least one part of an E&T program 
including an orientation, assessment, case management, or a component.
* * * * *
    (17) * * *
    (x) State agencies certifying workforce partnerships for operation 
in their State in accordance with paragraph (n) of this section may 
report relevant data to demonstrate the number of program participants 
served by the workforce partnership, and of those how many were 
mandatory E&T participants.
* * * * *
    (18)(i) The State agency must ensure E&T providers are informed of 
their authority to determine if an individual is ill-suited for a 
particular E&T component. For purposes of this paragraph (c)(18), an 
E&T provider is the provider of an E&T component. The E&T provider must 
notify the State agency of an ill-suited determination as soon as 
possible after the determination is made and inform the State agency of 
the reason for the ill-suited determination. If the State agency is 
unable to obtain the reason for the ill-suited determination from the 
E&T provider, the State agency must continue to act on the ill-suited 
determination in accordance with this section. The E&T provider has the 
authority to determine if an individual is ill-suited for the E&T 
component from the time an individual is referred to an E&T component 
until completion of the component. When a State agency receives 
notification that an individual has been determined ill-suited, and the 
individual is not exempt from the work requirements as specified in 
paragraph (b) of this section, the State agency must:
    (A) Send a Notice of E&T Participation Change (NETPC) to the 
household, as soon as possible. The notice must inform the household of 
the ill-suited determination. In the case of an ABAWD who has been 
determined ill-suited for an E&T component, the notice must notify the 
ABAWD that regardless of the ill-suited determination, the ABAWD will 
begin to accrue countable months toward their 3-month participation 
time limit as of the date of the notice unless the ABAWD fulfills the 
work requirements in accordance with Sec.  273.24. The notice must also 
provide contact information for the State E&T program; and
    (B) Take the most suitable action from among the following options:
    (1) Refer the individual to an appropriate E&T program component in 
accordance with paragraph (e)(1) of this section. Before making this 
referral, the State agency must ensure the individual meets State 
agency criteria for the E&T program in accordance with paragraph (c)(2) 
of this section, and that it is appropriate to refer the individual to 
an E&T component, considering the suitability of the individual for any 
available E&T components. Any individual referred to an E&T component 
must also receive case management services in accordance with paragraph 
(e)(1) of this section;
    (2) Refer the individual to an appropriate workforce partnership as 
defined in paragraph (n) of this section, if available. Before making 
this referral, the State agency must provide information about 
workforce partnerships to assist the individual in making an informed 
decision about whether to voluntarily participate in the workforce 
partnership, in accordance with paragraph (n)(10) of this section;
    (3) Reassess the physical and mental fitness of the individual. If 
the individual is not found to be physically or mentally fit, the 
individual is exempt from the work requirements in paragraph (a) of 
this section. If the individual is found to be physically or mentally 
fit, and the State agency determines the individual is not otherwise 
exempt from the general work requirements in paragraph (a) of this 
section, the State agency must consider if one of the other available 
actions in paragraph (c)(18)(i)(B) of this section would be appropriate 
for the individual; or
    (4) Coordinate, to the maximum extent practicable, with other 
Federal, State, or local workforce or assistance programs to identify 
work opportunities or assistance for the individual.
    (ii) From the time an E&T provider determines an individual is ill-
suited for an E&T component until after the State agency takes one of 
the actions in paragraph (c)(18)(i)(B) of this section, the individual 
shall not be found to have refused without good cause to participate in 
mandatory E&T. From the time an E&T provider determines an ABAWD is 
ill-suited for an E&T component, the ABAWD will begin to accrue 
countable months toward their 3-month participation time limit unless 
the ABAWD fulfills the work requirement in accordance with Sec.  
273.24.
* * * * *
    (d) * * *
    (1) * * *
    (iii) Additional allocations. If a State agency will not obligate 
and expend all of the funds allocated to it for a fiscal year under 
paragraph (d)(1)(i) of this section, FNS will reallocate the 
unobligated, unexpended funds to other State agencies during the fiscal 
year or subsequent fiscal year. FNS will allocate carryover funding to 
meet some or all of the State agencies' requests, as it considers 
appropriate and equitable in accordance with the following process:
    (A) Not less than 50 percent shall be reallocated to State agencies 
requesting funding to conduct employment and training programs and 
activities for which the State agency had previously received funding 
under the pilots authorized by the Agricultural Act of 2014 (Pub. L. 
113-79) that FNS determines have the most demonstrable impact on the 
ability of participants to find and retain employment that leads to 
increased household income and reduced reliance on public assistance.
    (B) Not less than 30 percent shall be reallocated to State agencies 
requesting funding for E&T programs and activities under paragraph 
(e)(1) or (2) of this section that FNS determines have the most 
demonstrable impact on the ability of participants to find and retain 
employment that leads to increased household income and reduced 
reliance on public assistance, including activities targeted to:
    (1) Individuals 50 years of age or older;
    (2) Formerly incarcerated individuals;

[[Page 15331]]

    (3) Individuals participating in a substance abuse treatment 
program;
    (4) Homeless individuals;
    (5) People with disabilities seeking to enter the workforce;
    (6) Other individuals with substantial barriers to employment, 
including disabled veterans; or
    (7) Households facing multi-generational poverty, to support 
employment and workforce participation through an integrated and 
family-focused approach in providing supportive services.
    (C) State agencies who receive reallocated funds under paragraph 
(d)(1)(iii)(A) of this section may also be considered to receive 
reallocated funds under paragraph (d)(1)(iii)(B) of this section.
    (D) The remaining funds not accounted for with the reallocations 
specified in paragraph (d)(1)(iii)(A) or (B) of this section shall be 
reallocated to State agencies requesting such funds for E&T programs 
and activities under paragraph (e)(1) or (2) of this section that FNS 
determines have the most demonstrable impact on the ability of 
participants to find and retain employment that leads to increased 
household income and reduced reliance on public assistance.
    (E) State agencies requesting the reallocated funds specified in 
paragraph (d)(1)(iii)(A), (B), or (D) of this section shall make their 
request for those funds in their E&T State plans submitted for the 
upcoming fiscal year. FNS will determine the amount of reallocated 
funds each requesting State agency shall receive and provide the 
reallocated funds to those State agencies within a timeframe that 
allows each State agency to which funds are reallocated at least 270 
days to expend the reallocated funds. When making the reallocations, 
FNS will also consider the size of the request relative to the level of 
the State agency's E&T spending in prior years, the specificity of the 
State agency's plan for spending carryover funds, and the quality of 
program and scope of impact for the State's E&T program.
    (F) Unobligated, unexpended funds not reallocated in the process 
specified in paragraph (d)(1)(iii)(E) of this section, shall be 
reallocated to State agencies upon request for E&T programs and 
activities under paragraph (e)(1) or (2) of this section that FNS 
determines have the most demonstrable impact on the ability of 
participants to find and retain employment that leads to increased 
household income and reduced reliance on public assistance. In making 
these reallocations FNS will also consider the size of the request 
relative to the level of the State agency's E&T spending in prior 
years, the specificity of the State agency's plan for spending 
carryover funds, and the quality of program and scope of impact for the 
State's E&T program.
* * * * *
    (4) * * *
    (v) The State agency must inform all mandatory E&T participants 
that they may be exempted from E&T participation if their monthly 
expenses that are reasonably necessary and directly related to 
participation in the E&T program, including participation in case 
management services and E&T components, exceed the allowable 
reimbursement amount. * * *
    (e) Employment and training programs. Work registrants not 
otherwise exempted by the State agency are subject to the E&T program 
participation requirements imposed by the State agency. Such 
individuals are referred to in this section as E&T mandatory 
participants or mandatory E&T participants. Mandatory E&T participants 
who have been determined ill-suited for participation in an E&T 
component in accordance with paragraph (c)(18)(i) of this section shall 
not be subject to disqualification for refusal without good cause to 
participate in mandatory E&T during the time specified in paragraph 
(c)(18)(ii) of this section. Requirements may vary among participants. 
Failure to comply without good cause with the requirements imposed by 
the State agency will result in disqualification as specified in 
paragraph (f)(2) of this section.
    (1) Case management. The State E&T program must provide case 
management services such as comprehensive intake assessments, 
individualized service plans, progress monitoring, or coordination with 
service providers which are provided to all E&T participants. The 
purpose of case management services shall be to guide the participant 
towards appropriate E&T components and activities based on the 
participant's needs and interests, support the participant through the 
E&T program, and to provide services that help the participant achieve 
program goals. The provision of case management services must not be an 
impediment to the participant's successful participation in E&T. In 
addition, if the case manager determines a mandatory E&T participant 
may meet an exemption from the requirement to participate in an E&T 
program, the case manager must inform the appropriate State agency 
staff. Also, if the case manager is unable to identify an appropriate 
and available opening in an E&T component for a mandatory E&T 
participant, the case manager must inform the appropriate State agency 
staff.
    (2) * * * In accordance with section 6(o)(1)(C) of the Food and 
Nutrition Act of 2008 and Sec.  273.24, supervised job search and job 
search training, when offered as components of an E&T program, are not 
qualifying activities relating to the participation requirements 
necessary to fulfill the ABAWD work requirement under Sec.  273.24. 
However, job search, including supervised job search, or job search 
training activities, when offered as part of other E&T program 
components, are acceptable as long as those activities comprise less 
than half the total required time spent in the components. * * *
    (i) A supervised job search program. Supervised job search programs 
are those that occur at State-approved locations at which the 
activities of participants shall be directly supervised and the timing 
and activities of participants tracked in accordance with guidelines 
issued by the State agency and summarized in their E&T State plan in 
accordance with paragraph (c)(6)(i) of this section. Job search that 
does not meet the definition of supervised job search in the previous 
sentence is allowed as a subsidiary activity of another E&T component, 
so long as the job search activity comprises less than half of the 
total required time spent in the component. The State agency may 
require an individual to participate in supervised job search from the 
time an application is filed for an initial period established by the 
State agency. Following this initial period (which may extend beyond 
the date when eligibility is determined) the State agency may require 
an additional supervised job search period in any period of 12 
consecutive months. The first such period of 12 consecutive months will 
begin at any time following the close of the initial period. The State 
agency may establish a supervised job search period that, in its 
estimation, will provide participants a reasonable opportunity to find 
suitable employment. The State agency should not, however, establish a 
continuous, year-round supervised job search requirement. If a 
reasonable period of supervised job search does not result in 
employment, placing the individual in a training or education component 
to improve job skills will likely be more productive. In accordance 
with section 6(o)(1)(C) of the Food and Nutrition Act of 2008 and Sec.  
273.24, a supervised job search program is not a qualifying E&T 
activity relating to the participation

[[Page 15332]]

requirements necessary to maintain SNAP eligibility for ABAWDs. 
However, a job search program, supervised or otherwise, when operated 
under title I of the Workforce Innovation and Opportunity Act (WIOA), 
under section 236 of the Trade Act, or a program of employment and 
training for veterans operated by the Department of Labor or the 
Department of Veterans Affairs, is considered a qualifying activity 
relating to the participation requirements necessary to maintain SNAP 
eligibility for ABAWDs.
    (ii) A job search training program that includes reasonable job 
search training and support activities. Such a program may consist of 
employability assessments, training in techniques to increase 
employability, job placement services, or other direct training or 
support activities, including educational programs determined by the 
State agency to expand the job search abilities or employability of 
those subject to the program. Job search training activities are 
approvable if they directly enhance the employability of the 
participants. A direct link between the job search training activities 
and job-readiness must be established for a component to be approved. 
In accordance with section 6(o)(1)(C) of the Food and Nutrition Act of 
2008 and Sec.  273.24, a job search training program is not a 
qualifying activity relating to the participation requirements 
necessary to maintain SNAP eligibility for ABAWDs. However, such a 
program, when operated under title I of WIOA, under section 236 of the 
Trade Act, or a program of employment and training for veterans 
operated by the Department of Labor or the Department of Veterans 
Affairs, is considered a qualifying activity relating to the 
participation requirements necessary to maintain SNAP eligibility for 
ABAWDs.
* * * * *
    (iv) A work experience program designed to improve the 
employability of household members through actual work experience or 
training, or both, and to enable individuals employed or trained under 
such programs to move promptly into regular public or private 
employment. Work experience is a planned, structured learning 
experience that takes place in a workplace for a limited period of 
time. Work experience may be paid or unpaid, as appropriate and 
consistent with other laws such as the Fair Labor Standards Act. Work 
experience may be arranged within the private for-profit sector, the 
non-profit sector, or the public sector. Labor standards apply in any 
work experience setting where an employee/employer relationship, as 
defined by the Fair Labor Standards Act, exists.
    (A) A work experience program may include:
    (1) A work activity performed in exchange for SNAP benefits that 
provides an individual with an opportunity to acquire the general 
skills, knowledge, and work habits necessary to obtain employment. The 
purpose of work activity is to improve the employability of those who 
cannot find unsubsidized full-time employment.
    (2) A work-based learning program, which, for the purposes of SNAP 
E&T, are sustained interactions with industry or community 
professionals in real world settings to the extent practicable, or 
simulated environments at an educational institution that foster in-
depth, firsthand engagement with the tasks required in a given career 
field, that are aligned to curriculum and instruction. Work-based 
learning emphasizes employer engagement, includes specific training 
objectives, and leads to regular employment. Work-based learning can 
include internships, pre-apprenticeships, apprenticeships, customized 
training, transitional jobs, incumbent worker training, and on-the-job 
training as defined under WIOA. Work-based learning can include both 
subsidized and unsubsidized employment models.
    (B) A work experience program must:
    (1) Not provide any work that has the effect of replacing the 
employment of an individual not participating in the employment or 
training experience program; and
    (2) Provide the same benefits and working conditions that are 
provided at the job site to employees performing comparable work for 
comparable hours.
* * * * *
    (viii) * * * State agencies must make a good faith effort to 
provide job retention services for at least 30 days. ***
    (ix) Programs and activities conducted under the pilots authorized 
by the Agricultural Act of 2014 (Pub. L. 113-79) that the Secretary 
determines, based on the results from the independent evaluations 
conducted for those pilots, have the most demonstrable impact on the 
ability of participants to find and retain employment that leads to 
increased household income and reduced reliance on public assistance.
* * * * *
    (5) * * *
    (iii) Voluntary participants are not subject to the limitations 
specified in paragraph (e)(4) of this section.
* * * * *
    (i) * * *
    (4) Good cause includes the good cause provisions in paragraph 
(i)(2) of this section as well as circumstances where the State agency 
determines that there is not an appropriate and available opening 
within the E&T program to accommodate the mandatory participant. Good 
cause for circumstances where there is not an appropriate or available 
opening within the E&T program shall extend until the State agency 
identifies an appropriate and available E&T opening, and the State 
agency informs the SNAP participant. In addition, good cause for 
circumstances where there is not an appropriate and available opening 
within the E&T program shall only apply to the requirement to 
participate in E&T and shall not provide good cause to ABAWDs who fail 
to fulfill their ABAWD work requirements in accordance with Sec.  
273.24.
* * * * *
    (n) Workforce partnerships. Workforce partnerships must meet the 
following requirements:
    (1) Workforce partnerships are programs operated by:
    (i) A private employer, an organization representing private 
employers, or a nonprofit organization providing services relating to 
workforce development; or
    (ii) An entity identified as an eligible provider of training 
services under section 122(d) of WIOA (29 U.S.C. 3152(d)).
    (2) Workforce partnerships may include multi-State programs.
    (3) Workforce partnerships must be in compliance with the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as applicable.
    (4) All workforce partnerships must be certified by the Secretary 
or by the State agency to the Secretary to indicate all of the elements 
in paragraphs (n)(4)(i) through (v) of this section. The workforce 
partnership must:
    (i) Assist SNAP households in gaining high-quality, work-relevant 
skills, training, work, or experience that will increase the ability of 
the participants to obtain regular employment;
    (ii) Provide participants with not less than 20 hours per week, 
averaged monthly of training, work, or experience; for the purposes of 
this paragraph (n)(4)(ii), 20 hours a week averaged monthly means 80 
hours a month;
    (iii) Not use any funds authorized to be appropriated under the 
Food and Nutrition Act of 2008;
    (iv) Provide sufficient information to the State agency, on 
request, to determine whether members of SNAP

[[Page 15333]]

households who are subject to the work requirement in paragraph (a) of 
this section, the ABAWD work requirements in Sec.  273.24, or both are 
fulfilling the work requirement through the workforce partnership; and
    (v) Be willing to serve as a reference for participants who are 
members of SNAP households for future employment or work-related 
programs.
    (5) In certifying that a workforce partnership meets the criteria 
in paragraphs (n)(4)(i) and (ii) of this section to be certified as a 
workforce partnership, the Secretary or the State agency shall require 
that the program submit to the Secretary or the State agency sufficient 
information that describes both:
    (i) The services and activities of the program that would provide 
participants with not less than 20 hours per week of training, work, or 
experience; and
    (ii) How the workforce partnership would provide services and 
activities described in paragraph (n)(5)(i) of this section that would 
directly enhance the employability or job readiness of the participant.
    (6)(i) Workforce partnerships may not use any funds authorized to 
be appropriated by the Food and Nutrition Act of 2008.
    (ii) If a member of a SNAP household is required to participate in 
an employment and training program in accordance with paragraph 
(a)(1)(ii) of this section, the State shall consider an individual 
participating in a workforce partnership certified in accordance with 
paragraph (n)(4) of this section to be in compliance with the 
employment and training requirements. The State agency cannot 
disqualify an individual for no longer participating in a workforce 
partnership. When a State agency learns that an individual is no longer 
participating in a workforce partnership, and the individual had been 
subject to mandatory E&T in accordance with paragraph (a)(1)(ii) of 
this section, the State agency must re-screen the individual to 
determine if the individual qualifies for an exemption from the work 
requirements in accordance with paragraph (b) of this section, and re-
screen the individual to determine if the individual meets State 
criteria for referral to an E&T program or component in accordance with 
paragraph (c)(2) of this section. After this re-screening, if it is 
appropriate to require the individual to participate in an E&T program, 
the State agency may refer the individual to an E&T program or 
workforce partnership, as applicable.
    (7) A state agency may use a workforce partnership to supplement, 
not to supplant, the employment and training program of the State 
agency.
    (8) Workforce partnerships certified in accordance with paragraph 
(n)(4) of this section are included in the definition of a work program 
under Sec.  273.24(a)(3) for the purposes of fulfilling the ABAWD work 
requirement.
    (9) The State agency shall not require any member of a household 
participating in SNAP to participate in a workforce partnership.
    (10) A State agency shall maintain a list of workforce partnerships 
certified in accordance with paragraph (n)(4) of this section, and 
provide this list not less frequently than at certification and 
recertification to a household member subject to the work requirements 
in paragraph (a) of this section or Sec.  273.24. The State agency must 
provide the list electronically or by other means. The list should 
include information that would assist the household member to make an 
informed decision about participating in a workforce partnership, 
including the following information, if available: Contact information 
for the workforce partnership, the types of activities the participant 
would be engaged in through the workforce partnership, screening 
criteria used by the workforce partnership to select individuals, the 
location of the workforce partnership, the work schedule or schedules, 
any special skills required to participate, and wage and benefit 
information, if applicable.
    (11) Participation in a workforce partnership shall not replace the 
employment or training of an individual not participating in a 
workforce partnership.
    (12) A workforce partnership may select individuals for 
participation in the workforce partnership who may or may not meet the 
criteria for the general work requirement at paragraph (a) of this 
section, including participation in E&T, or the ABAWD work requirement 
at Sec.  273.24(a)(1).
    (13) Workforce partnership reporting requirements to the State 
agency are limited to the following:
    (i) On notification that an individual participating in the 
workforce partnership is receiving SNAP benefits, notifying the State 
agency that the individual is participating in a workforce partnership;
    (ii) Identifying participants who have completed or are no longer 
participating in the workforce partnership;
    (iii) Identifying changes to the workforce partnership that result 
in the workforce partnership no longer meeting the certification 
requirements in accordance with paragraph (n)(4) of this section; and
    (iv) Providing sufficient information, on request by the State 
agency, for the State agency to verify that a participant is fulfilling 
the applicable work requirements in paragraph (a) of this section or 
Sec.  273.24.
0
5. In Sec.  273.14, add paragraph (b)(5) to read as follows:


Sec.  273.14  Recertification.

* * * * *
    (b) * * *
    (5) Advisement. (i) At the time of recertification, the State 
agency shall advise household members subject to the work requirements 
of Sec.  273.7(a) who reside in households meeting the criteria in 
paragraph (b)(5)(ii) of this section of available employment and 
training services. This shall include, at a minimum, providing a list 
of available employment and training services electronically or in 
printed form to the household.
    (ii) The State agency requirement in paragraph (b)(5)(i) of this 
section only applies to households that meet all of the following 
criteria, as most recently reported by the household:
    (A) Contain a household member subject to the work requirements of 
Sec.  273.7(a);
    (B) Contain at least one adult;
    (C) Contain no elderly or disabled individuals; and
    (D) Have no earned income.
* * * * *
0
6. In Sec.  273.24:
0
a. Revise paragraph (a)(3)(i);
0
b. Amend paragraph (a)(3)(ii) by removing the word ``or'' at the end of 
the paragraph;
0
c. Revise paragraph (a)(3)(iii);
0
d. Add paragraphs (a)(3)(iv) and (v);
0
e. Revise paragraph (b)(2);
0
f. Add paragraph (b)(8);
0
g. Amend paragraph (g) heading by removing the text ``15 percent'' and 
adding in its place the word ``Discretionary'';
0
h. Amend paragraph (g)(1) by removing the text ``15 percent exemption'' 
and adding in its place the words ``discretionary exemptions''; and
0
i. Amend paragraph (g)(3) by removing the number ``15'' and adding in 
its place the number ``12''.
    The revisions and additions read as follows:


Sec.  273.24  Time limit for able-bodied adults.

    (a) * * *
    (3) * * *
    (i) A program under title I of the Workforce Innovation and 
Opportunity Act (WIOA) (Pub. L.113-128);
* * * * *
    (iii) An employment and training program operated or supervised by 
a

[[Page 15334]]

State or political subdivision of a State agency that meets standards 
approved by the Chief Executive Office, including a SNAP E&T program 
under Sec.  273.7(e) excluding any job search, supervised job search, 
or job search training program. However, a program under this paragraph 
(a)(3)(iii) may contain job search, supervised job search, or job 
search training as subsidiary activities as long as such activity is 
less than half the requirement. Participation in job search, supervised 
job search, or job search training as subsidiary activities that make 
up less than half the requirement count for purposes of fulfilling the 
work requirement under Sec.  273.35(a)(1)(ii);
    (iv) A program of employment and training for veterans operated by 
the Department of Labor or the Department of Veterans Affairs. For the 
purpose of this paragraph (a)(3)(iv), any employment and training 
program of the Department of Labor or Veterans Affairs that serves 
veterans shall be an approved work program; or
    (v) A workforce partnership under Sec.  273.7(n).
* * * * *
    (b) * * *
    (2) Good cause. As determined by the State agency, if an individual 
would have fulfilled the work requirement as defined in paragraph 
(a)(1) of this section, but missed some hours for good cause, the 
individual shall be considered to have fulfilled the work requirement 
if the absence from work, the work program, or the workfare program is 
temporary and the individual retains his or her job, training or 
workfare slot. Good cause shall include circumstances beyond the 
individual's control, such as, but not limited to, illness, illness of 
another household member requiring the presence of the member, a 
household emergency, or the unavailability of transportation. In 
addition, if the State agency grants an individual good cause under 
Sec.  273.7(i) for failure or refusal to meet the mandatory E&T 
requirement in Sec.  273.7, that good cause determination confers good 
cause under this paragraph (b)(2), except in the case of Sec.  
273.7(i)(4), without the need for a separate good cause determination 
under this paragraph (b)(2). Good cause granted under Sec.  273.7(i)(4) 
only provides good cause to ABAWDs for failure or refusal to 
participate in a mandatory SNAP E&T program, and does not confer good 
cause for failure to fulfill the work requirement as defined in 
paragraph (a)(1) of this section.
* * * * *
    (8) Advisement. The State agency shall inform all ABAWDs of the 
ABAWD work requirement and time limit both in writing and orally in 
accordance with Sec.  273.7(c)(1)(ii).
* * * * *

    Dated: March 3, 2020.
Sonny Perdue,
Secretary of Agriculture, United States Department of Agriculture.
[FR Doc. 2020-04821 Filed 3-16-20; 8:45 am]
 BILLING CODE 3410-30-P