Food and Nutrition Service 2011 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities: Proposed Collection; Comment Request-Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Forms: FNS-698, FNS-699, and FNS-700; The Integrity Profile (TIP)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections.
Agency Information Collection Activities: Proposed Collection; Comment Request-Understanding the Rates, Causes, and Costs of Churning in the Supplemental Nutrition Assistance Program (SNAP)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new collection for research on the rates, causes, and costs of churning in SNAP.
Agency Information Collection Activities: Proposed Collection; Comments Request-Nutrition Assistance in Farmers' Markets: Understanding the Shopping Patterns of SNAP Participants
In accordance with the Paperwork Reduction Act of 1995, this notice invites the public and other public agencies to comment on this proposed information collection. This is a revision to a previous data collection regarding Farmers' Market Operations. The purpose of this collection is for the Food and Nutrition Service to examine the reasons behind the shopping decision at farmers' markets among recipients of Supplemental Nutrition Assistance Program (SNAP) benefits.
Agency Information Collection Activities: Proposed Collection; Comment Request-WIC Breastfeeding Policy Inventory
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed collection. This is a new collection for the contract WIC Local Agency Breastfeeding Policy and Practices Inventory.
Applying for Free and Reduced Price Meals in the National School Lunch Program and School Breakfast Program and for Benefits in the Special Milk Program, and Technical Amendments
The Department of Agriculture, Food and Nutrition Service published a final rule in the Federal Register on October 28, 2011 (76 FR 66849), concerning changes to eligibility determinations for free and reduced price school meals to implement nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004. It also finalized the changes set forth in the interim rule published on November 13, 2007 (72 CFR 63785). This document corrects an amendment to provide additional amendatory language for text that was set out in 7 CFR 245.6(c)(3)(ii). All other information remained unchanged.
Agency Information Collection Activities: Proposed Collection; Comment Request-Assessment of the Contributions of an Interview to Supplemental Nutrition Assistance Program Eligibility and Benefit Determinations
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection. This proposed collection is for ``Assessment of the Contributions of an Interview to Supplemental Nutrition Assistance Program Eligibility and Benefit Determinations.'' The proposed collection will examine if there is a difference in payment accuracy, program access, administrative costs, and client satisfaction under two conditions: usual application procedures and the no-interview test condition.
Agency Information Collection Activities: Proposed Collection; Comment Request-Community Eligibility Option Evaluation
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new information collection for the Community Eligibility Option Evaluation.
Supplemental Nutrition Assistance Program: Quality Control Error Tolerance Threshold
This direct final rule is amending the Quality Control (QC) review error threshold in our regulations from $25.00 to $50.00. The purpose for raising the QC error threshold is to make permanent the temporary threshold change that was required by the American Recovery and Reinvestment Act of 2008. This change does not have an impact on the public. The QC system measures the accuracy of the eligibility system for the Supplemental Nutrition Assistance Program (SNAP).
Applying for Free and Reduced Price Meals in the National School Lunch Program and School Breakfast Program and for Benefits in the Special Milk Program, and Technical Amendments
This rule finalizes changes to eligibility determinations for free and reduced price school meals to implement nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004. This rule also finalizes the following changes set forth in the interim rule published on November 13, 2007 (72 FR 63785)addition of a statutory definition of ``local educational agency,'' specification that a family only has to submit one application for all children in the household as long as they attend schools in the same local educational agency, and requirements to enhance descriptive materials distributed to families. This rule finalizes requirements for electronically-submitted applications, electronic signatures, and use and disclosure standards for such applications. This rule also finalizes year-long eligibility for free or reduced price school meals, unless the household chooses to decline a level of benefits. These changes are intended to provide children with increased access to the school nutrition programs by simplifying the certification process, streamlining program operations, and improving program management.
Agency Information Collection Activities: Proposed Collection; Comment Request-State Administrative Expense Funds Regulations
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection related to State administrative expense funds expended in the operation of the Child Nutrition Programs administered under the Child Nutrition Act of 1966. This collection is a revision of a currently approved collection.
Agency Information Collection Activities: Proposed Collection; Comment Request-People's Garden Initiative Evaluation of Healthy Gardens Healthy Youth Project
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This is a new information for the ``Healthy Gardens, Healthy Youth Study,'' part of the USDA's People's Garden program. This study will use the network of Cooperative Extension Educators to collect information from children in schools that have agreed to participate in the study in four states: Arkansas, Iowa, New York, and Washington. The information collected will build on existing knowledge by examining how school gardens affect children's fruit and vegetable consumption and other outcomes.
Agency Information Collection Activities: Proposed Collection; Comment Request-School Foodservice Indirect Cost Study
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new information collection for the School Foodservice Indirect Cost Study.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Implementation of Nondiscretionary, Non-Electronic Benefits Transfer-Related Provisions
This final rule incorporates into the regulations governing the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) several changes set forth in the Healthy, Hunger-Free Kids Act of 2010 (HHFK Act). These provisions address: certification periods for children participating in the WIC Program; increased emphasis on breastfeeding promotion and support; compiling and publishing data for partially and fully breastfed infants; sharing nutrition education materials with institutions participating in the Child and Adult Care Food Program (CACFP); and infant formula (and other foods) rebate management.
Agency Information Collection Activities: Proposed Collection; Comment Request-National Universal Product Code (UPC) Database
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection for the development and maintenance of a central repository containing information about authorized WIC foods as approved by various WIC State agencies.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program Prisoner and Death Match Requirements
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a new collection for screening SNAP applicants during the certification process using the Prisoner Verification System (PVS) and the Deceased Matching System to determine eligibility. FNS plans to merge these requirements with data collection OMB 0584-0492, SNAP Repayment Demand and Program Disqualification, once approved by OMB.
Agency Information Collection Activities: Proposed Collection; Comment Request; Waivers Under Section 6(o) of the Food and Nutrition Act
In accordance with Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. The proposed collection is a revision of a currently approved collection. The purpose of Section 6(o) of the Food and Nutrition Act is to establish a time limit for the receipt of benefits under the Supplemental Nutrition Assistance Program (SNAP) for certain able-bodied adults who are not working. The provision authorizes the Secretary of Agriculture, upon a State agency's request, to waive the provision for any group of individuals if the Secretary determines ``that the area in which the individuals reside has an unemployment rate of over 10 percent, or does not have a sufficient number of jobs to provide employment for the individuals.'' As required in the statute, in order to receive a waiver the State agency must submit sufficient supporting information so that the United States Department of Agriculture (USDA) can make the required determination as to the area's unemployment rate or sufficiency of available jobs. This collection of information is, therefore, necessary in order to obtain waivers of the SNAP time limit.
Agency Information Collection Activities: Proposed Collection; Comment Request: Supplemental Nutrition Assistance Program Pre-Screening Tool
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this revision to a currently approved collection. The information collection involves the use of a Web-based pre-screening tool for the general public to use to determine potential eligibility for Supplemental Nutrition Assistance Program benefits.
Automated Data Processing and Information Retrieval System Requirements
This rule proposes to amend Supplemental Nutrition Assistance Program (SNAP)formerly the Food Stamp Program) regulations to implement the Food, Conservation, and Energy Act of 2008 (the Farm Bill), which requires adequate system testing before and after implementation of a new State automatic data processing (ADP) and information retrieval system, including the evaluation of data from pilot projects in limited areas for major systems changes, before the Secretary approves the system to be implemented more broadly. It also provides that systems be operated in accordance with an adequate plan for continuous updating to reflect changed policy and circumstances, and for testing the effects of the system on access by eligible households and on payment accuracy. This proposed rule would also specify the requirements for submission of a test plan. Further, the rule proposes changing the due date of an Advance Planning Document Update (APDU) from 90 days after to 60 days prior to the expiration of the Federal financial participation (FFP) approval and revises language regarding the Federal share of costs in consolidated information technology (IT) operations to specify that the threshold for service agreements applies to federally aided public assistance programs, rather than to SNAP alone. In addition, this rule proposes to amend the SNAP regulations relating to the establishment of an automated data processing and information retrieval system and to provide clarifications and updates which have occurred since this section was last updated in 1996.
Clarification of Eligibility of Fleeing Felons
Section 6(k) of the Food and Nutrition Act of 2008 (``the Act'') provides that certain individuals are not eligible for Supplemental Nutrition Assistance Program (SNAP) benefits. Such individuals include an individual fleeing to avoid prosecution, custody or confinement after conviction for committing a crime or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing (or a high misdemeanor in New Jersey) or is violating a condition of probation or parole under Federal or State law. Section 4112 of the Food, Conservation, and Energy Act of 2008, Public Law 110-246, amended Section 6(k) of the Act to require the Secretary of Agriculture to define the terms ``fleeing'' and ``actively seeking'' to ensure State agencies use consistent procedures to disqualify individuals. This rule proposes to define the terms ``fleeing'' and ``actively seeking'' and to establish procedures State agencies are to use in determining fleeing felon status. This rule also proposes criteria to identify a parole violator, verification procedures to establish an individual's status, and time frames for disqualifying an individual determined to be a fleeing felon or a parole violator.
Availability to School Food Authorities of Nutrition Information and Ingredient Lists for Foods Used in School Food Service: Request for Information
Schools participating in the National School Lunch Program and the School Breakfast Program (``SMPs'') need nutrition information and ingredient lists for menu planning and to assess foods to be used in meeting meal pattern requirements of the SMPs. The U.S. Department of Agriculture's Food and Nutrition Service (FNS) is interested in examining what nutrition information and ingredient lists are made available to schools, the manner and scope of the information's accessibility, and how that information and accessibility compare with the information schools may be seeking. FNS would like to better understand what information sources, such as the Child Nutrition Database, USDA Foods nutrition fact sheets, and information directly from the manufacturer, are used by schools to both procure foods and plan menus for the SMPs. FNS has received numerous inquiries from schools seeking assistance in locating and assessing nutrition information and ingredient lists for USDA Foods as well as commercially selected foods. A better understanding of what nutrition information and ingredients lists are provided, the source of the information and the medium in which the information is received are all necessary components to fully understand what resources schools need to successfully plan SMPs meals. In addition, we anticipate this information will provide FNS with key insights in our implementation of Section 9(a)(4)(C) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1758(a)(4)(C) as amended by Section 242 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296.
Supplemental Nutrition Assistance Program: Major System Failures
This rule proposes to amend Supplemental Nutrition Assistance Program (SNAPformerly the Food Stamp Program) regulations to implement the Food, Conservation, and Energy Act of 2008, (``FCEA''). Section 4133, The ``Major System Failures'' section of the FCEA, amends the Food and Nutrition Act of 2008 (``the Act'') to require the United States Department of Agriculture (USDA) to determine when a systemic State error is resulting in the overissuance of benefits to a substantial number of SNAP households and the actions the Department may take if such a determination were made. This rule proposes criteria for determining if a State experienced a systemic error that resulted in the overissuance of benefits to a substantial number of households and specifies the steps that the Department may take to collect data, instruct the State to terminate claims collection from the affected households, and issue a bill to the State for the value of the over- issuances. It also identifies the review and appeal process for any such billing.
Agency Information Collection Activities: Proposed Collection; Comment Request-Generic Clearance to Conduct Methodological Testing, Surveys, Focus Groups, and Related Tools To Improve the Management of Federal Nutrition Assistance Programs
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This information collection will conduct research by methodological testing, surveys, focus groups, and related tools to assess program performance, respond to the needs of policymakers, and develop innovative approaches that bear on the practical operations, management, and impact of Federal nutrition assistance programs.
Agency Information Collection Activities: Proposed Collection; Comment Request-Characteristics and Circumstances of Zero-Income SNAP Households
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new collection for the Food and Nutrition Service to examine the characteristics, circumstances, program dynamics, and benefit redemption patterns of participants whose households reported zero gross income in their applications for participation in the Supplemental Nutrition Assistance Program (SNAP).
Agency Information Collection Activities: Proposed Collection; Comment Request-Study of the Effectiveness of Efforts To Increase Supplemental Nutrition Assistance Program Participation Among Medicare's Extra Help Population Pilot Projects
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collection. The proposed collection is a new collection for the purpose of conducting the Study of the Effectiveness of Efforts to Increase Supplemental Nutrition Assistance Program Participation Among Medicare's Extra Help Population Pilot Projects.
Food Distribution Program: Value of Donated Foods From July 1, 2011 Through June 30, 2012
This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2012 (July 1, 2011 through June 30, 2012) for each lunch served by schools participating in the National School Lunch Program (NSLP), and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program (CACFP).
Child and Adult Care Food Program: National Average Payment Rates, Day Care Home Food Service Payment Rates, and Administrative Reimbursement Rates for Sponsoring Organizations of Day Care Homes for the Period July 1, 2011 Through June 30, 2012
This notice announces the annual adjustments to the national average payment rates for meals and snacks served in child care centers, outside-school-hours care centers, at-risk afterschool care centers, and adult day care centers; the food service payment rates for meals and snacks served in day care homes; and the administrative reimbursement rates for sponsoring organizations of day care homes, to reflect changes in the Consumer Price Index. Further adjustments are made to these rates to reflect the higher costs of providing meals in the States of Alaska and Hawaii. The adjustments contained in this notice are made on an annual basis each July, as required by the laws and regulations governing the Child and Adult Care Food Program.
National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates
This Notice announces the annual adjustments to the ``national average payments,'' the amount of money the Federal Government provides States for lunches, afterschool snacks and breakfasts served to children participating in the National School Lunch and School Breakfast Programs; to the ``maximum reimbursement rates,'' the maximum per lunch rate from Federal funds that a State can provide a school food authority for lunches served to children participating in the National School Lunch Program; and to the rate of reimbursement for a half-pint of milk served to non-needy children in a school or institution which participates in the Special Milk Program for Children. The payments and rates are prescribed on an annual basis each July. The annual payments and rates adjustments for the National School Lunch and School Breakfast Programs reflect changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers. The annual rate adjustment for the Special Milk Program reflects changes in the Producer Price Index for Fluid Milk Products.
Agency Information Collection Activities: Proposed Collection: Comment Request: FNS-583, Supplemental Nutrition Assistance Program Employment and Training Program Activity Report
In accordance with the Paperwork Reduction Act, this notice invites the public and other public agencies to comment on a proposed information collection burden for the Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T) Program, currently approved under OMB No. 0584-0339. This collection is a revision of a currently approved collection, which proposes to increase the currently approved burden of 21,755 by 4,328 hours. The adjusted burden is 26,083 hours. An increase in the estimated number of annual work registrants accounts for most of the increase.
Agency Information Collection Activities: Proposed Collection; Comment Request-Food Distribution Forms
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this information collection. This collection is a revision of a currently approved collection which FNS employs to determine public participation and the distribution of foods in the Food Distribution Programs.
Request for Public Comments for Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Local Agency Recognition of Exemplary Breastfeeding Support Practices
This notice announces a request for public comments on the approach for selecting and awarding local agencies for excellence in WIC breastfeeding services and support. Section 231 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, requires that the U.S. Department of Agriculture (USDA) establish a program to recognize WIC local agencies and clinics that demonstrate exemplary breastfeeding promotion and support activities. USDA believes that public input on the development of the recognition program would be beneficial.
National Advisory Council on Maternal, Infant and Fetal Nutrition: Notice of Meeting
Pursuant to the Federal Advisory Committee Act, section 1, et seq., 5 U.S.C. App., this notice announces a meeting of the National Advisory Council on Maternal, Infant and Fetal Nutrition.
Cooperation in USDA Studies and Evaluations, and Full Use of Federal Funds in Nutrition Assistance Programs Nondiscretionary Provisions of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296
This final rule incorporates into the regulations governing the Programs authorized under the Richard B. Russell National School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA) two nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010 (HHFK Act). The HHFK Act requires State and local cooperation in Department of Agriculture studies and evaluations related to Programs authorized under the NSLA and the CNA. The HHFK Act also amends the NSLA to stipulate that Federal funds must not be subject to State budget restrictions or limitations, including hiring freezes, work furloughs, and travel restrictions. This final rule amends regulations for the National School Lunch Program; the Special Milk Program for Children; the School Breakfast Program; the Summer Food Service Program; the Child and Adult Care Food Program; State Administrative Expense Funds ; the Special Supplemental Nutrition Program for Women, Infants and Children; and the WIC Farmers' Market Nutrition Program. These provisions will strengthen program integrity by ensuring that sufficient data is made available for studies and evaluations. Additionally, exempting Federal funds from State budgetary restrictions or limitations is intended to increase the ability of State agencies to administer USDA's nutrition assistance programs effectively.
Agency Information Collection Activities; Proposed Collection; Comment Request; FNS User Access Request
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. The proposed collection is a revision of a currently approved collection. The purpose of this information collection request is to continue the use of the electronic form FNS 674, titled ``FNS User Access Request.'' This form will continue to allow access to current FNS systems, modified access, or to remove user access.
Agency Information Collection Activities: Proposed Collection; Comment Request-Form FNS-339, Federal-State Supplemental Nutrition Program(s) Agreement
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. The proposed information collection is a revision to a currently approved collection of information relating to the reporting and recordkeeping burden associated with completing and submitting form FNS-339, the Federal and State Agreement for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC); the WIC Farmers' Market Nutrition Program (FMNP); and/or the Senior Farmers' Market Nutrition Program (SFMNP).
Updated Trafficking Definition and Supplemental Nutrition Assistance Program (SNAP)-FDPIR Dual Participation
The Food and Nutrition Service (FNS) is proposing changes to the Supplemental Nutrition Assistance Program (SNAP) regulations pertaining to SNAP client benefit use, participation of retail food stores and wholesale food concerns in SNAP, and SNAP client participation in the Food Distribution Program on Indian Reservations (FDPIR). These changes to SNAP regulations address mandatory provisions of the Food, Conservation, and Energy Act of 2008 (hereinafter referred to as ``the 2008 Farm Bill'') to allow for the disqualification of a SNAP client who purchases, with SNAP benefits, products that have container deposits for the purpose of subsequently discarding the product and returning the container(s) in exchange for cash refund of deposit(s) and/or resells or exchanges products purchased with SNAP benefits for purposes of obtaining cash or other non-eligible items.
National School Lunch Program: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010
This rule amends National School Lunch Program (NSLP) regulations to conform to requirements contained in the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111-296) regarding equity in school lunch pricing and revenue from nonprogram foods sold in schools. This rule requires school food authorities (SFAs) participating in the NSLP to provide the same level of financial support for lunches served to students who are not eligible for free or reduced price lunches as is provided for lunches served to students eligible for free lunches. This rule also requires that all food sold in a school and purchased with funds from the nonprofit school food service account, other than meals and supplements reimbursed by the Department of Agriculture, must generate revenue at least equal to the cost of such foods.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Exclusion of Combat Pay From WIC Income Eligibility Determinations
This final rule incorporates into the regulations governing the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) a statutory provision set forth in Section 734(b) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2010 (Pub. L. 111-80). The provision excludes combat pay from inclusion in the WIC income eligibility determination for deployed service members. It also makes conforming nomenclature changes throughout part 246 of WIC regulations to include the name change for what was formerly known as the Food Stamp Program to its new namethe Supplemental Nutrition Assistance Program (SNAP), as set forth in the Food, Conservation and Energy Act of 2008 (Pub. L. 110-246).
Child and Adult Care Food Program Improving Management and Program Integrity
This final rule incorporates into the Child and Adult Care Food Program regulations modifications, clarifications, and technical changes to the two interim rules published by the Department on June 27, 2002 and September 1, 2004. These changes result from over 1,000 public comments received in response to the two interim rules; State agencies' and the Department's experience in implementing the changes in these two rules over several years; and the Department's conduct of an extensive data collection and analysis (the Child Care Assessment Project) designed to evaluate implementation of these two interim rules by family day care home sponsors and providers. This rule clarifies or modifies regulatory provisions relating to: State agency criteria for approving new and renewing institutions' applications; sponsoring organization requirements pertaining to the ``block claim'' edit check and review averaging; and State- and institution-level requirements pertaining to the serious deficiency process. The changes in this final rule are designed to further improve Program management and integrity and, where possible, to streamline and simplify Program requirements.
Agency Information Collection Activities: Proposed Collection; Comment Request-Formative Research for the Pilot of a Garden-Related Nutrition Curriculum
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new collection for Formative Research for the Pilot of a Garden-Related Nutrition Curriculum.
Supplemental Nutrition Assistance Program: Privacy Protections of Information From Applicant Households
The Food and Nutrition Service (FNS) is revising Supplemental Nutrition Assistance Program regulations that cover the privacy protections for Supplemental Nutrition Assistance Program (SNAP) households and applicants. The change is to comply with a new provision of the Food and Nutrition Act of 2008.
Supplemental Nutrition Assistance Program: Civil Rights Protections for SNAP Households
The Food and Nutrition Service (FNS) is amending Supplemental Nutrition Assistance Program (SNAP) regulations that secure civil rights protections for SNAP households and applicants. The nondiscretionary change complies with an amendment made to the Food, Conservation, and Energy Act of 2008 which specifically enumerates four statutory protections that must be complied with by State agencies in administering SNAP. This nondiscretionary change to the regulations is not expected to have an implementation impact on SNAP State agencies, as they have been subject to such statutes for several years.
Supplemental Nutrition Assistance Program (SNAP): Eligibility, Certification, and Employment and Training Provisions
This proposed rule would implement provisions of the Food, Conservation and Energy Act of 2008 (FCEA) affecting the eligibility, benefits, certification, and employment and training (E&T) requirements for applicant or participant households in the Supplemental Nutrition Assistance Program (SNAP). The rule would amend the SNAP regulations to: Exclude military combat pay from the income of SNAP households; raise the minimum standard deduction and the minimum benefit for small households; eliminate the cap on the deduction for dependent care expenses; index resource limits to inflation; exclude retirement and education accounts from countable resources; permit States to expand the use of simplified reporting; permit States to provide transitional benefits to households leaving State-funded cash assistance programs; allow States to establish telephonic signature systems; permit States to use E&T funds to provide post-employment job retention services; and limit the E&T funding cycle to 15 months. These provisions are intended to increase SNAP benefit levels for certain participants, reduce barriers to participation, and promote efficiency in the administration of the program.
Supplemental Nutrition Assistance Program: Review of Major Changes in Program Design and Management Evaluation Systems
This Notice of Proposed Rulemaking (NPRM) proposes to amend the Supplemental Nutrition Assistance Program (SNAP) (formerly the Food Stamp Program) regulations to implement Section 4116 of the Food, Conservation, and Energy Act of 2008 (the Farm Bill). Section 4116 of the Farm Bill, Review of Major Changes in Program Design, requires the United States Department of Agriculture (the Department) to identify standards for major changes in operations of State agencies' administration of SNAP. The provision also requires State agencies to notify the Department if they implement a major change in operations and to collect data that can be used to identify and correct problems relating to integrity and access, particularly by certain vulnerable households. This NPRM proposes criteria for changes that would be considered ``major changes'' in program operations and identifies the types of data State agencies must collect in order to identify problems relating to integrity and access. It also proposes when and how State agencies must report on implementation of a major change. This NPRM proposes to amend the Management Evaluation (ME) Review regulations by modifying the requirements for Federal and State reviews of State agency operations. It also proposes to revise the definitions of large, medium and small project areas. Finally, it proposes to remove sections of the regulations pertaining to coupons and coupon storage since they are obsolete.
Direct Certification and Certification of Homeless, Migrant and Runaway Children for Free School Meals
This rule amends the regulations affecting the determination of children's eligibility for free meals under the National School Lunch Program and the School Breakfast Program by direct certification and categorical eligibility. Conforming changes and miscellaneous technical changes are also made, as appropriate, for the Special Milk Program for Children, the Child and Adult Care Food Program and the Summer Food Service Program. The Child Nutrition and WIC Reauthorization Act of 2004 (Reauthorization Act) amended the Richard B. Russell National School Lunch Act to require local educational agencies to conduct direct certification in conjunction with the Food Stamp Program, which is now called the Supplemental Nutrition Assistance Program (SNAP). Under the direct certification process, a local educational agency obtains documentation of a child's receipt of SNAP benefits from the State or local SNAP office. This rule also incorporates provisions from the Reauthorization Act concerning the certification of certain children who are homeless, runaway, or migratory. This rule affects State agencies administering SNAP and the Child Nutrition Programs; local offices administering SNAP; local program operators that administer the School Nutrition Programs; and low income households with school age children. The rule is intended to improve school meal program access for low-income children, reduce paperwork for households and program administrators, and improve the integrity of the free and reduced price meal certification process.
Geographic Preference Option for the Procurement of Unprocessed Agricultural Products in Child Nutrition Programs
The 2008 Farm Bill amended the Richard B. Russell National School Lunch Act to direct that the Secretary of Agriculture encourage institutions operating Child Nutrition Programs to purchase unprocessed locally grown and locally raised agricultural products. Effective October 1, 2008, institutions receiving funds through the Child Nutrition Programs may apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products. This provision applies to institutions in all of the Child Nutrition Programs, including the National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program, as well as to purchases made for these programs by the Department of Defense Fresh Program. The provision also applies to State agencies making purchases on behalf of any of the aforementioned Child Nutrition Programs. The purpose of this rule is to finalize the geographic preference option in Child Nutrition Programs.
Food Distribution Program on Indian Reservations: Amendments Related to the Food, Conservation, and Energy Act of 2008
This rule amends Food Distribution Program on Indian Reservations (FDPIR) regulations to conform FDPIR policy to the requirements included in the Food, Conservation, and Energy Act of 2008 (the Farm Bill) for the Supplemental Nutrition Assistance Program (SNAP). The provisions of this rulemaking are intended to improve program service to applicants and participants and promote consistency in the eligibility determination processes of FDPIR and SNAP. Specifically, this rule permanently excludes combat pay from being considered as income and eliminates the maximum dollar limit of the dependent care deduction. The rule also excludes from resource consideration household funds held in qualified education savings accounts identified in the Farm Bill and excludes any other education savings accounts for which an exclusion is allowed under SNAP. This rule also clarifies that the current resource exclusion for retirement accounts is restricted to the qualified retirement accounts identified in the Farm Bill, and that a resource exclusion will be allowed for any other retirement account for which an exclusion is allowed under SNAP. Finally, the rule clarifies that the FDPIR regulations regarding income eligibility refer to the SNAP net monthly income standard, not the SNAP gross monthly income standard.
Child Nutrition Programs-Income Eligibility Guidelines
This Notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced price meals and free milk for the period from July 1, 2011 through June 30, 2012. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program Repayment Demand and Program Disqualification
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This collection is a revision of currently approved information collection requirements associated with initiating collection actions against households who have received an overissuance in the Supplemental Nutrition Assistance Program (SNAP).
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Income Eligibility Guidelines
The Department announces adjusted income eligibility guidelines to be used by State agencies in determining the income eligibility of persons applying to participate in the Special Supplemental Nutrition Program for Women, Infants and Children Program (WIC). These income eligibility guidelines are to be used in conjunction with the WIC Regulations.
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