[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Proposed Rules]
[Pages 8013-8016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03752]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / 
Proposed Rules  

[[Page 8013]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 273

RIN 0584-AE57


Supplemental Nutrition Assistance Program: Requirements and 
Services for Able-Bodied Adults Without Dependents; Advance Notice of 
Proposed Rulemaking

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

ACTION: Advanced notice of proposed rulemaking.

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SUMMARY: The Food and Nutrition Act of 2008, as amended (the Act), 
limits the amount of time an able-bodied adult without dependents 
(ABAWD) can receive Supplemental Nutrition Assistance Program (SNAP) 
benefits to 3 months in a 36-month period, unless the individual is 
working and/or participating in a work program half-time or more, or 
participating in workfare. The Act exempts individuals from the time 
limit for several reasons, including age, unfitness for work, or having 
a dependent child. The Act also provides State agencies with 
flexibility to request a waiver of this time limit if unemployment is 
high or the area does not have a sufficient number of jobs to provide 
employment. Moreover, the Act gives States discretion to exempt 15 
percent of the individuals who would otherwise be subject to the time 
limit.
    The Department of Agriculture's (Department's) policy goal is to 
address food insecurity by providing supplemental food assistance and 
helping able-bodied SNAP participants move out of poverty and into work 
in a manner that is consistent with the structure and the intent of the 
Act. As described in Sections 2 and 6(d) of the Act, the goals of the 
program are to promote food security, self-sufficiency, well-being, and 
economic mobility. In this Notice, the Department is seeking public 
input to inform potential policy, program, and regulatory changes to 
more consistently advance this goal.

DATES: Written comments must be received on or before April 9, 2018 to 
be assured of consideration.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested 
persons to submit written comments on this advanced notice of proposed 
rulemaking. Comments may be submitted in writing by one of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send comments to SNAP Program Development Division, 
Food and Nutrition, Services, USDA, 3101 Park Center Drive, Room 812, 
Alexandria, Virginia 22302.
     All written comments submitted in response to this 
advanced notice of proposed rulemaking 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 http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sasha Gersten-Paal, Chief, 
Certification Policy Branch, SNAP Program Development Division, Food 
and Nutrition, Services, USDA, 3101 Park Center Drive, Room 812, 
Alexandria, Virginia 22302 or (703) 305-2507 during regular business 
hours 8:30 a.m. to 5 p.m.) Monday through Friday.

SUPPLEMENTARY INFORMATION: 

Need To Issue This Notice

    SNAP offers nutrition assistance to millions of low-income 
individuals and families. SNAP is the largest federal nutrition 
assistance program in the United States. As a result of the Great 
Recession, the national unemployment rate peaked at 9.7 percent for 
Fiscal Year (FY) 2010. As with other recessions, there was a lag 
between the time that the national unemployment rate began to decrease 
and the time that the national poverty rate and SNAP participation 
began to decrease. SNAP participation peaked at an average of 47.6 
million recipients per month in FY 2013. During that time period, the 
national average unemployment rate was 7.6 percent. In FY 2017, the 
program served an average of 42.1 million recipients per month, and the 
national average unemployment rate was 4.5 percent. As Americans get 
back to work, it is appropriate to review how SNAP can better promote 
work and self-sufficiency so that fewer Americans need assistance from 
the program.
    The Department is soliciting public comments on potential policy, 
program, and regulatory changes that could advance its goal of 
addressing food insecurity by helping able-bodied SNAP recipients 
obtain and maintain employment and aligning program regulations with 
the President's Budget proposals related to ABAWDs. The Department will 
consider comments received through this Notice to help inform 
development of potential policy, program, or regulatory changes.
    The Department seeks input on potential regulatory or other changes 
that might better support States in accurately identifying ABAWDs 
subject to the time limit and providing meaningful opportunities for 
them to move towards self-sufficiency. The Department is also asking 
whether changes should be made to the existing process by which State 
agencies request to waive the ABAWD time limit, the information and 
data States are required to provide in supporting the waiver request, 
and the Department's implementation and duration of the waiver 
approval. If so, the Department is asking for information on changes 
that would better support the Department's goals. Moreover, the 
Department seeks input on 15 percent exemptions and how they may be 
better used to support State efforts to serve ABAWDs. The Department is 
receptive to suggested changes that could be made within the current 
statutory authority as well as changes that may require new or revised 
statutory authority. The Department believes that this public comment 
can inform the development of any rule that may ultimately be proposed.

References--the Following References May Be Useful To Help Inform Those 
Wishing To Provide Comments

(1) Section 6(d) and section 6(o) of the Food and Nutrition Act of 
2008, as amended
(2) Code of Federal Regulations Title 7, Parts 273.7 and 273.24
(3) Food Stamp Program: Personal Responsibility Provisions of the 
Personal

[[Page 8014]]

Responsibility and Work Opportunity Reconciliation Act of 1996, 
Proposed Rule, 64 FR 70920 (December 17, 1999). Available at: 
https://www.federalregister.gov/documents/1999/12/17/99-32527/food-stamp-program-personal-responsibility-provisions-of-the-personal-responsibility-and-work
(4) Food Stamp Program: Personal Responsibility Provisions of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 
1996, Final Rule, 66 FR 4437 (January 17, 2001). Available at: 
https://www.federalregister.gov/documents/2001/01/17/01-1025/food-stamp-program-personal-responsibility-provisions-of-the-personal-responsibility-and-work
(5) Guide to Serving ABAWDs Subject to Time-limited Participation, 
2015. Available at: https://fns-prod.azureedge.net/sites/default/files/Guide_to_Serving_ABAWDs_Subject_to_Time_Limit.pdf
(6) Guide to Supporting Requests to Waiver the Time Limit for Able-
Bodied Adults without Dependents, 2016. Available at: https://fns-prod.azureedge.net/sites/default/files/snap/SNAP-Guide-to-Supporting-Requests-to-Waive-the-Time-Limit-for-ABAWDs.pdf
(7) Expiration of Statewide ABAWD Time Limit Waivers, 2015. 
Available at: https://fns-prod.azureedge.net/sites/default/files/snap/SNAP-Expiration-of-Statewide-ABAWD-Time-Limit-Waivers.pdf
(8) ABAWD Time Limit Policy and Program Access, 2015. Available at: 
https://fns-prod.azureedge.net/sites/default/files/snap/ABAWD-Time-Limit-Policy-and-Program-Access-Memo-Nov2015.pdf
(9) ABAWD Questions and Answers, 2015. Available at: https://fns-prod.azureedge.net/sites/default/files/snap/ABAWD-Questions-and-Answers-June%202015.pdf
(10) ABAWD Questions and Answers, 2013. Available at internet site: 
https://fns-prod.azureedge.net/sites/default/files/snap/ABAWD-Questions-and-Answers-December-2013.pdf

Overview of Current SNAP Work Policies

    SNAP work-related policies are best understood as three distinct, 
but interrelated and mutually supportive areas: The general work 
requirements, SNAP Employment and Training (SNAP E&T) programs, and the 
ABAWD time limit and work requirement. These work-related policies, the 
people they affect, and the ways in which they interact are summarized 
below.

The General Work Requirements: Section 6(d) of the Act and 7 CFR 273.7

    The general work requirements apply to people ages 16 through 59, 
except for those who are physically or mentally unfit for employment, 
care for a child under age 6 or an incapacitated person, are already 
employed 30 hours or more per week, are already participating in a work 
program, or are in school half-time or more. In order to be eligible 
for SNAP benefits, people who are subject to the general work 
requirements must register for work, report to an employer if referred 
by the State agency, accept a bona fide offer of a suitable job, not 
voluntarily quit a job or reduce their work hours below 30 hours a 
week, and participate in a SNAP E&T program or a workfare program if 
assigned by the State agency.
    People subject to the general work requirements are commonly called 
``work registrants.'' People that do not comply with the general work 
requirements without good cause are disqualified from receiving SNAP 
for a period of time. These disqualification periods can vary by State 
and circumstances. When a person subject to the general work 
requirements does not comply, the State must determine whether the 
person has good cause before imposing any disqualification. Examples of 
good cause include illness, household emergency, lack of 
transportation, or other circumstances beyond the person's control. In 
accordance with current law, if the State finds that a person has good 
cause, it must not disqualify them.

The ABAWD Time Limit and Work Requirement: Section 6(o) of the Act and 
7 CFR 273.24

    The ABAWD time limit and work requirement apply to people ages 18 
through 49, unless they are already exempt from the general work 
requirements, medically certified as physically or mentally unfit for 
employment, responsible for a child under 18, or pregnant. ABAWDs are 
also work registrants and must meet the general work requirements. In 
addition, ABAWDs subject to the time limit must work and/or participate 
in a work program 80 hours per month or more, or participate in and 
comply with workfare in order to receive SNAP for more than 3 months in 
a 36-month period. Participation in SNAP E&T, which is a type of work 
program, is one way a person can meet the 80 hour per month ABAWD work 
requirement, but other work programs are acceptable as well.
    State agencies can request to waive the ABAWD time limit if an area 
has an unemployment rate of over 10 percent or the State can meet one 
of the regulatory options to show it does not have a sufficient number 
of jobs to provide employment. If the time limit is waived, individuals 
are not required to meet the ABAWD work requirement in order to receive 
SNAP for more than 3 months in a 36-month period. However, even if the 
time limit is waived, ABAWDs remain subject to the general work 
requirements, as ABAWDs are work registrants, and the general work 
requirements cannot be waived. State agencies also have discretion to 
exempt, on a month-to-month basis, 15 percent of the individuals who 
would otherwise be subject to the time limit as estimated by the 
Department each year. Each 15 percent exemption extends eligibility to 
one ABAWD for one month.

SNAP Employment and Training Programs: Section 6(d) of the Act and 7 
CFR 273.7

    The Department strongly supports the goal that individuals obtain 
gainful employment as a means to move to self-sufficiency. SNAP E&T 
programs are intended to help SNAP recipients gain skills, training, 
work, or experience that will increase their ability to obtain regular 
employment and become self-sufficient. The State agency must operate 
E&T programs, though it has significant flexibility in program design. 
The State determines who to serve through its E&T programs, what kind 
of activities to provide, and where to provide them. The State may 
provide other wrap-around services such as on-going case management, 
job coaching, or job retention services. The State is required to 
provide participant reimbursements for things that are necessary for 
participation in SNAP E&T such as transportation, books, safety 
equipment, or other items or services.
    The State has the option to offer E&T on a voluntary basis to 
certain or all SNAP participants; or, the State can require all or 
certain work registrants to participate in E&T as a condition of 
eligibility, often referred to as ``mandatory E&T''. If a work 
registrant is required to participate in E&T and does not comply 
without good cause, they are disqualified from receiving SNAP as 
explained above under The General Work Requirements. In deciding 
whether to require E&T participation the State must carefully consider 
its capacity to serve E&T participants and provide reimbursements for 
participants with access barriers such as lack of transportation or 
child care.
    Currently, States have several options to provide ABAWDs nutrition 
assistance while getting experience or training that will help them get 
jobs and become self-sufficient. States may refer ABAWDs to other work 
programs such as State or local programs or programs operated through 
the Workforce Innovation Opportunity Act (WIOA) American Job Centers 
(AJCs). States may provide ABAWDs a slot in a workfare program or a 
SNAP E&T Program. However, all

[[Page 8015]]

of these options may have their own limitations such as funding, 
capacity, or competing State priorities.
    There is no current requirement that States serve any or all ABAWDs 
through their SNAP E&T programs. However, if the State does require 
ABAWDs who are subject to the time limit to participate in E&T, it must 
apply the time limit and disqualify ABAWDs who fail to comply with the 
mandatory E&T requirements through the sanction process. In addition, 
States are eligible for a portion of a pool of $20 million in 
additional E&T funds if they pledge to offer all ABAWDs who are in the 
last month of their 3-month time limit a slot in an E&T component that 
fulfills the work requirement. These 100 percent federal funds are 
allocated across all pledge States based on the number of ABAWDs in 
each participating State, as a percentage of ABAWDs in all of the 
participating States.

Discussion

    The Department is concerned that, in some cases, the State 
flexibilities provided under 7 CFR 273.7 and 7 CFR 273.24 have been 
used in ways that do not strengthen the goal of helping SNAP recipients 
find and keep work when jobs are sufficiently available. In particular, 
the ABAWD time limit waivers represent an area of concern for the 
Department.
    The decision to request and implement an ABAWD time limit waiver 
rests with the States. States can request to waive some areas in the 
State but not others, and not all States that are eligible for ABAWD 
time limit waivers request one. Economic conditions in the wake of the 
Great Recession resulted in an increase in the use of ABAWD time limit 
waivers. The American Recovery and Reinvestment Act suspended the time 
limit across the country from April 1, 2009, through September 30, 
2010, effectively waiving the time limit in all 50 States, the District 
of Columbia, Guam, and the Virgin Islands for the second half of FY 
2009 and all of FY 2010. From October 2010 through December 2013, the 
vast majority of States qualified for and continued to implement 
statewide ABAWD time limit waivers, meaning the waivers covered the 
entire State or jurisdiction.
    Since that time, as economic conditions improved, there has been a 
decline in the use of these waivers. In the fourth quarter of FY 2013, 
45 states, the District of Columbia, Guam, and the Virgin Islands had 
waivers of the ABAWD time limit. Of those, 42 covered the entire state 
or jurisdiction and 6 covered only certain areas in the state or 
jurisdiction. In the fourth quarter of FY 2017, 33 states, the District 
of Columbia, Guam, and the Virgin Islands had waivers of the ABAWD time 
limit. Of those, 9 covered the entire state or jurisdiction, and 27 
covered only certain areas in the state or jurisdiction. However, the 
Department is concerned that the number of areas waived has not 
decreased as much as would be expected during the continued decline in 
unemployment rates over this time period. For these reasons, the 
Department is seeking comments on how to ensure the waiver criteria 
best reflects economic conditions.

ABAWD Policy Review Issues

    The following questions represent particular areas in which the 
Department is interested in receiving comments. The questions are 
focused on ideas for regulatory or policy changes and seek information 
on better ways to meet the needs of SNAP participants and State 
agencies. However, the Department also invites commenters to address 
additional issues that are not described below but are within the scope 
of this review, particularly as it relates to opportunities to help 
participants move to self-sufficiency. Other comments that are not 
within the scope of this Notice will not be considered; therefore 
please refrain from including any comments that are not responsive to 
this particular request.
    The Department believes that this review will benefit from a broad 
scope of public input. However, in addressing the questions that 
follow, commenters are encouraged to be as specific as possible. Please 
be sure to include the rationale underlying any suggested changes.
    1. The Department is reviewing how it could take action on limiting 
ABAWD waivers as proposed in the President's budget proposals. In light 
of the Department's interest in helping SNAP participants find and 
maintain meaningful employment, how could the process for requesting to 
waive the time limit, the information needed to support waiver 
approval, and the waiver eligibility parameters be changed in order to 
provide appropriate relief for areas of high unemployment and a clearly 
demonstrated lack of jobs?
    (a) How could the definition of ``lack of sufficient jobs'' be 
revised to better support these goals?
    (b) States currently have discretion to define the area they are 
requesting to waive. Should States maintain this flexibility? Should an 
``economic area'' be limited in geographic scope, such as to a single 
county, metropolitan area, or labor market area?
    (c) Should FNS accept data from additional sources of information 
that are currently not considered? If so:
    1. What data sources would that be?
    2. What review process should FNS use to verify the validity of the 
data?
    (d) How recent should the data and information used in support of a 
waiver be in relation to the waiver implementation date?
    (e) Waivers are typically approved for 1 year, although under 
certain criteria 2 year waivers are available. Should FNS consider 
waivers of different time periods? If so, what time period and under 
what conditions?
    2. How can existing authority and resources be best used to support 
ABAWDs as they transition to meaningful work and self-sufficiency? How 
could the Department better support State efforts to assess 
individuals' work readiness and identify appropriate services to help 
participants obtain and retain employment?
    (a) What challenges and barriers do States face in helping ABAWDs 
find and maintain employment? What do States need to build or 
strengthen their capacity, investment, and expertise in working with 
this population?
    (b) What is the appropriate role of States in assessing ABAWDs for 
barriers to employment, job skills, and career interests in order 
identify appropriate opportunities for fulfilling the work 
requirements? At what point in the process is this most useful? During 
the interview? After certification?
    (c) How can existing resources be leveraged by States to help 
ABAWDs find and maintain employment? Are there State/local/Federal or 
other stakeholders that can be leveraged to provide holistic services 
to ABAWDs?
    (d) Are there evidence-based activities that States could offer 
through their SNAP E&T programs that would help reduce barriers to 
employment among ABAWDs? What kinds of support services, job-retention 
services and other activities would increase success of ABAWDs moving 
into gainful employment?
    (e) Are there additional ways that States could incentivize 
employers to provide jobs to ABAWDs?
    (f) Should ABAWDs be subject to additional reporting requirements 
or be limited to a specific type of reporting system (e.g., change 
reporting, monthly reporting, quarterly reporting, or simplified 
reporting)? Have States that have assigned ABAWDs to a reporting system 
other than simplified reporting found this to be beneficial?
    (g) What approaches have States found effective in communicating 
with ABAWDs to educate them on the

[[Page 8016]]

program's work requirements, tools and resources that can help them 
find or keep employment, and crucial administrative actions or 
deadlines they must adhere to?
    3. The accurate determination of whether an individual is 
physically or mentally unfit for employment is fundamental to applying 
the time limit to the proper individuals, and exempting others, 
consistent with the Act. In addition, it allows States to focus work 
strategies on those individuals who are truly capable of benefiting 
from them.
    (a) What is the appropriate scope of conditions and indicators of 
physical or mental unfitness for employment under current statutory 
authority, particularly in State determinations of whether an 
individual is obviously physically or mentally unfit for employment? 
What level of State flexibility is appropriate in this area? Why?
    (b) How do current certification processes (use of technology, lack 
of face-to-face interaction) affect the ability to determine exceptions 
or exemptions to the ABAWD time limit? How can these processes be 
modified or enhanced to best support these determinations, while 
providing any needed reasonable accommodations for individuals?
    (c) Who should determine whether a participant is fit to work? What 
technical and information resources, or other resources, would best 
support States to better screen for unfitness for employment and other 
exceptions to the ABAWD time limit? What performance and/or 
accountability measures would support this process?
    (d) How can the Department/States better engage and serve 
individuals determined to be unfit for employment? How can State 
agencies provide these individuals with services or opportunities that 
may increase their fitness for work?
    (e) What are best practices for the use of 15 percent exemptions in 
supporting the appropriate application of ABAWD requirements?

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 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 action has been determined to be significant and was 
reviewed by the Office of Management and Budget (OMB) in conformance 
with Executive Order 12866.

Executive Order 13771

    This Advanced Notice of Proposed Rulemaking is not a regulatory 
action under Executive Order 13771.

Executive Order 13175

    This Advance Notice of Proposed Rulemaking (ANPRM) has been 
reviewed in accordance with the requirements of Executive Order 13175, 
``Consultation and Coordination with Indian Tribal Governments.'' 
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, and other policy statements or 
actions that have substantial direct effects on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.
    The Food and Nutrition Service (FNS) has assessed the impact of 
this ANPRM on Indian tribes and determined that this ANPRM does not, to 
our knowledge, have tribal implications that require tribal 
consultation under E.O. 13175. If a Tribe requests consultation, FNS 
will work with the Office of Tribal Relations to ensure meaningful 
consultation is provided where changes, additions and modifications 
identified herein are not expressly mandated by Congress.

    Dated: February 20, 2018.
Brandon Lipps,
Acting Deputy Under Secretary Food, Nutrition, and Consumer Services.
[FR Doc. 2018-03752 Filed 2-22-18; 8:45 am]
 BILLING CODE 3410-30-P