[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Rules and Regulations]
[Pages 68717-68722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23760]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / 
Rules and Regulations  

[[Page 68717]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 247

[FNS-2019-0006]
RIN 0584-AE66


Commodity Supplemental Food Program: Implementation of the 
Agriculture Improvement Act of 2018

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Through this final rule, the U.S. Department of Agriculture's 
(the Department or USDA) Food and Nutrition Service (FNS) is codifying 
a revised statutory requirement included in the Agriculture Improvement 
Act of 2018 (2018 Farm Bill). Section 4102 of the 2018 Farm Bill 
established new Commodity Supplemental Food Program (CSFP) 
certification requirements..

DATES: This rule is effective October 30, 2020.

FOR FURTHER INFORMATION CONTACT: Katie Treen, Program Analyst, Food 
Distribution Division, Food and Nutrition Service, U.S. Department of 
Agriculture, 1320 Braddock Place, Suite 3043, Alexandria, Virginia 
22314, 703-305-2674 or email [email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion of Final Rule
II. Certification Periods
    A. Background
    B. Implementation Memorandum
III. Phase Out of Requirements Relating to Women, Infants and 
Children
IV. Technical Corrections
V. Procedural Matters

I. Discussion of Final Rule

    This Final Rule codifies statutory requirements included in section 
4102 of the Agriculture Improvement Act of 2018 (Pub. L. 115-334, the 
2018 Farm Bill). Section 4102 established a statutory definition for 
the term ``certification period'' and established that certification 
periods for CSFP participants must be not less than one year and not 
more than three years. This final rule revises 7 CFR 247.16 to include 
this provision.
    This rule also revises 7 CFR 247 per section 4102 of the 
Agriculture Act of 2014 (Pub. L. 113-79, the 2014 Farm Bill), which 
amended CSFP eligibility requirements and phased out individuals who do 
not meet the new requirements. This provision was implemented through a 
previous final rule, Commodity Supplemental Food Program (CSFP): 
Implementation of the Agricultural Act of 2014 (79 FR 38748), published 
on July 9, 2014. As of February 2020, the phase out of individuals who 
are not eligible for CSFP was completed. Thus this rule amends program 
regulations at 7 CFR part 247 to remove all remaining references to 
women, infants, and children.
    Lastly, this rule amends citations that were revised during the 
previous final rule, Requirements for the Distribution and Control of 
Donated Foods--The Emergency Food Assistance Program: Implementation of 
the Agricultural Act of 2014 (81 FR 23085), published on April 19, 
2016, which amended Food Distribution regulations at 7 CFR part 250. 
Accordingly, 7 CFR part 247 will be amended to reflect any updated 
references to 7 CFR part 250.
    The Administrative Procedures Act (APA) at 5 U.S.C. 553(a)(2) 
specifically exempts rules involving grants and benefits from notice-
and-comment requirements, giving the Department the authority to issue 
final rules in grants and benefits programs, like CSFP. Therefore, the 
Department is issuing this rule as a final rule without a comment 
period.

II. Certification Periods

A. Background

    Section 4102 of the 2018 Farm Bill establishes a statutory 
definition for the term ``certification period'' as ``the period during 
which a participant in the commodity supplemental food program in a 
State may continue to receive benefits under the commodity supplemental 
food program without a formal review of the eligibility of the 
participant.'' The ``certification period'' definition will be amended 
in 7 CFR 247.1 to reflect the statutory definition.
    Additionally, Section 4102 of the 2018 Farm Bill codifies new 
statutory requirements for CSFP certification periods. Accordingly, FNS 
is amending CSFP program regulations at 7 CFR 247.16 to reflect the new 
requirements that certification periods for CSFP participants must be 
not less than one year and not more than three years. Prior to the 
enactment of the 2018 Farm Bill, program regulations stipulated that 
the State agency must establish certification periods that may not 
exceed six months in length. However, the State agency could authorize 
local agencies to extend the certification period without a formal 
review of eligibility for additional six-month periods, as long as the 
conditions outlined in 7 CFR 247.16(a)(2)(i) and (ii) were met.
    This final rule makes the following conforming changes to 7 CFR 
247.16(a): (1) Establishes minimum certification periods to be no less 
than one year but no more than three years for program participants; 
(2) establishes that if the State agency chooses to establish a 
certification period that exceeds one year, the State agency must first 
receive approval from FNS by submitting an updated State Plan. 
Additionally, 7 CFR 247 is amended by removing all references to women, 
infants, and children, thus 7 CFR 247.16 is being reorganized.
    Under the 2018 Farm Bill and updated program regulations, FNS shall 
approve a certification period exceeding one year on the condition that 
on an annual basis, local agencies administering CSFP do two things. 
Firstly, the local agency must verify the address and continued 
interest of the participant. Secondly, the local agency must have 
sufficient reason to determine that the participant still meets the 
income eligibility standards.
    Furthermore, this final rule adds two sub-paragraphs to 7 CFR 
247.16(a), in order to clarify 2018 Farm Bill statutory requirements. 
The first sub-paragraph, 7 CFR 247.16(a)(2), allows eligible CSFP 
applicants, including individuals on waiting lists, to be provided with 
a temporary monthly certification to fill any caseload slots resulting 
from nonparticipation by certified participants. The second sub-
paragraph, 7 CFR 247.16(a)(3), establishes that

[[Page 68718]]

should a State agency want to allow local agencies to continue 
providing benefits to individuals once their certification period 
expires, then individuals must be formally recertified following the 
application procedures outlined at 7 CFR 247.8.
    The 2018 Farm Bill was signed into law on December 20, 2018. The 
Department determined that prolonging the implementation of this 
provision would negatively impact State agencies that administer CSFP 
by delaying their ability to utilize the new flexibility in 
certification periods. The Department also determined that this 
provision was self-executing and, therefore, implemented the provision 
immediately in FY 2019.

B. Implementation Memorandum

    On March 8, 2019, FNS released a memorandum titled, CSFP--
Implementation of the Agriculture Improvement Act of 2018 (Pub. L. 115-
334), which set forth the changes to the certification period for CSFP 
participants. The memorandum defined the term ``certification period'' 
and directed CSFP States agencies to establish new certification 
periods that are not less than one year but not more than three years. 
The memorandum instructed CSFP State agencies and ITOs to amend their 
State Plans and submit them to FNS for review and approval by May 1, 
2019. The memorandum required the State Plan amendments to outline the 
length of the State agency's new certification periods for participants 
and the procedures for implementation among CSFP local agencies. 
Lastly, the memorandum notified State agencies that they may permit 
their local agencies to certify individuals for one-month periods to 
maximize caseload use and provide temporary CSFP benefits to 
participants on waiting lists when a regular program participant misses 
a scheduled distribution.

III. Phase Out of Women, Infants, and Children

    Section 4102 of the 2014 Farm Bill amended CSFP eligibility 
requirements to transition it to a seniors-only program and phase out 
ineligible participants. Women, infants, and children who were 
certified and receiving CSFP benefits as of February 2014 under 
existing program rules, received assistance until they were no longer 
eligible under the program rules that went into effect on February 6, 
2014. On July 9, 2014, FNS published a final rule implementing this 
provision. All ineligible participants have since phased out of CSFP. 
This rule amends program regulations at 7 CFR 247 to remove all 
references to women, infants, and children and to make conforming 
organizational changes within 7 CFR part 247.

IV. Technical Correction

    This rule amends citations that were revised during previous 
rulemaking. On April 19, 2016, the Food Distribution Division published 
a final rule, Requirements for the Distribution and Control of Donated 
Foods--The Emergency Food Assistance Program: Implementation of the 
Agricultural Act of 2014 (81 FR 23085), which amended Food Distribution 
regulations at 7 CFR part 250. Accordingly, this rule amends 7 CFR 247 
to reflect any updated references to 7 CFR part 250 as a result of 
previous rulemaking.

V. Procedural Matters

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

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 final rule has been determined to be not significant and was 
reviewed by the Office of Management and Budget (OMB) in conformance 
with Executive Order 12866.
Regulatory Impact Analysis
    This rule has been designated as not significant by the Office of 
Management and Budget, therefore, no Regulatory Impact Analysis is 
required.
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, it has 
been certified that this rule would not have a significant impact on a 
substantial number of small entities. This final rule would not have an 
impact on small entities because the revised requirement provides more 
flexibility on the certification period at the local agency level. This 
lessens the administrative burden previously required by allowing State 
agencies to extend their certification periods from six months to one 
to three years.

Executive Order 13771

    Executive Order 13771 directs agencies to reduce regulation and 
control regulatory costs and provides that the cost of planned 
regulations be prudently managed and controlled through a budgeting 
process. This final rule is an E.O. 13771 deregulatory action. This 
rulemaking provides a reduction in the State agency/ITO requirements to 
certify CSFP participants on an annual basis. This rule lessens the 
administrative burden previously required by allowing State agencies to 
extend their certification periods from six months to one to three 
years.

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 $146 million 
or more (when adjusted for inflation; GDP deflator source: Table 1.1.9 
at http://www.bea.gov/iTable) 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 final 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 $146 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

    The program is listed in the Catalog of Federal Domestic Assistance 
under Number 10.558 and is subject to Executive Order 12372, which 
requires intergovernmental consultation with State and local officials. 
(See 2 CFR chapter IV.)

[[Page 68719]]

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 13132.
    The Department has determined that this rule does not have 
Federalism implications. This rule does not impose substantial or 
direct compliance costs on State and local governments. Therefore, 
under Section 6(b) of the Executive Order, a Federalism summary impact 
Statement is not required.

Executive Order 12988, Civil Justice Reform

    This final 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.

Civil Rights Impact Analysis

    FNS has reviewed this final 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 have any civil rights impacts or 
affect the overall level of participation in CSFP.

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, 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. USDA is unaware of any 
current Tribal laws that could be in conflict with this rule.

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 final 
rule contains information collections that are subject to review and 
approval by the Office of Management and Budget. The provisions 
discussed in this Final Rule are non-discretionary statutory 
requirements provided in the 2018 Farm Bill, therefore the Department 
did not publish a proposed rule with a public comment period for these 
provisions. However, since some of the provisions contained in this 
Final Rule have Paperwork Reduction Act (PRA) implications, the Food 
and Nutrition Service (FNS) is embedding a 60-Day Notice in this Final 
Rule to request public comments on these provisions. FNS is only 
requesting comments on the specific PRA implications resulting from 
this rule; the agency is not requesting comments on the rule itself. 
The Final Rule will be effective upon publication. The PRA requirements 
discussed in this rule, with their associated burden, will not be 
effective until OMB has reviewed and approved the Information 
Collection Request (ICR) associated with this Final Rule. FNS plans to 
prepare and submit the ICR after the due date for public comments has 
passed and FNS has analyzed the comments.
    When the information collection requirements have been approved, 
the Department will publish a separate action in the Federal Register 
announcing OMB approval.
    Title: Food Distribution Programs.
    OMB Number: 0584-0293.
    Expiration Date: July 31, 2023.
    Type of Request: Revision of a Currently Approved Collection.
    Abstract: This Final Rule codifies statutory requirements included 
in section 4102 of the Agriculture Improvement Act of 2018 (Pub. L. 
115-334, the 2018 Farm Bill). Section 4102 of the 2018 Farm Bill 
established a statutory definition for the term ``certification 
period'' and established that certification periods for the Commodity 
Supplemental Food Program (CSFP) participants must be not less than one 
year and not more than three years.
    Additionally, this rule also revises 7 CFR part 247 per section 
4102 of the Agriculture Act of 2014 (Pub. L. 113-79, the 2014 Farm 
Bill), which amended CSFP eligibility requirements to phase out the 
participation of pregnant, breastfeeding and postpartum women, infants, 
and children (referred generally throughout this section as women, 
infants, and children), transitioning the CSFP to a seniors-only 
program. This provision was implemented through a previous final rule, 
Commodity Supplemental Food Program (CSFP): Implementation of the 
Agricultural Act of 2014 (79 FR 38748), published on July 9, 2014. The 
2014 Farm Bill language was clear and mandatory, leaving no room for 
discretion. This action was finalized without prior notice or public 
comment under the authority of 5 U.S.C. 553(a)(2). As of February 2020, 
the phase out of all women, infants, and children was completed.
State Agencies
    This final rule requires some State agencies to amend their State 
Plans to include the new certification period. Only those State 
agencies extending their current certification period longer than one 
year need to make an amendment. The Department believes that an 
additional fifteen minutes (0.25 hours) should be added to the current 
5-hour burden estimate in the currently approved OMB Control Number 
0584-0293 Food Distribution Programs, Expiration Date: 7/31/2023, to 
support State Plan amendments resulting from this change. Going 
forward, only those State agencies extending their certification period 
longer than one year will need to make amendments to their State Plans. 
The initial amendment to the State Plan is a one-time change and State 
agencies will not have to submit additional information going forward, 
if they choose to continue in subsequent years with their current 
certification period. State agencies will only have to submit a State 
Plan amendment in future years if they decide to change their 
certification period. The Department estimates that it will take 
fifteen minutes of a State agency staff person's time to prepare and 
send this information to FNS if making a change to their certification 
period. Per current estimates under State Plan Amendments at 7 CFR 
247.6(d), under State Agency reporting in OMB Control Number 0584-0293 
Food Distribution Programs, Expiration Date: July 31, 2023, 
approximately 40 State agencies typically make amendments to their 
State Plans on an annual basis. FNS believes that this change may 
result in approximately five additional State agencies submitting State 
Plan amendments to change their certification periods each year going 
forward. Accordingly, we are adding an

[[Page 68720]]

additional 36.25 burden hours to cover future years in the event a 
State agency decides to adjust their certification period.
Individuals
    Currently FNS has approval under OMB Control Number 0584-0293 for 
individuals applying and certifying for CSFP. The individuals are 
broken into two groups, the elderly and women, infants, and children. 
CSFP certification periods for all CSFP participants are under 7 CFR 
247.16. The currently approved collection includes 7,500 total burden 
hours for the application and recertification of women, infants, and 
children. The 2014 Farm Bill allowed women, infants, and children who 
were participating in the program on the date the law was enacted to 
continue on the program until their eligibility expired under the 
program rules in effect on that date. As of February 2020, all women, 
infants, and children have been phased out of the program, thus the 
burden for the application and recertification for these individuals 
needs to be removed from the collection.
    As a result of the phase out of this population from CSFP, these 
7,500 caseload slots have been reallocated to the population of elderly 
CSFP participants. Additionally, CSFP participation has increased in 
recent fiscal years (FY) due to the additional availability of program 
resources. In FY 2019 CSFP average annual participation was 
approximately 702,500. Therefore, FNS finds it reasonable to adjust the 
estimated number of elderly individuals to 702,500 for the application 
(7 CFR 247.8) and recertification (7 CFR 247.16) of elderly 
individuals. Per the final rule at 7 CFR 247.16, CSFP participants must 
provide verification to their local agency on an annual basis, 
regardless of the certification period that the State agencies impose 
on the local agencies. Therefore, elderly participants will provide 
information once per year, reducing the estimated responses from two to 
one. FNS estimates that this yearly contact will continue to take 15 
minutes. The updated estimated burden for CSFP individuals is 175,625, 
which is a decrease of 110,875 from the previously approved burden of 
286,500.
    The following table reflects the burden associated with this rule 
in the existing burden collection in accordance with the Paperwork 
Reduction Act.
    Affected public: State agencies.
    Estimated number of respondents: 45.
    Estimated total annual response per respondent: 1.
    Estimated total annual responses: 45.
    Estimated time per respondent: 5.25.
    Estimated Total Annual Burden on Respondents: 236.25.
    Affected public: CSFP Participants.
    Estimated number of respondents: 702,500.
    Estimated total annual response per respondent: 1.
    Estimated total annual responses: 702,500.
    Estimated time per respondent: 0.25.
    Estimated Total Annual Burden on Respondents: 175,625.
    Total Reporting Hours Resulting from Proposed Rule: 175,861.
    Currently Approved Burden Hours in OMB #0584-0293: 1,161,377.
    Estimated Burden Hours Including Hours from Final Rule: 1,043,038.
    Burden Hour Difference: -118,339.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Estimate
                                                                                       Estimate    number of     Total     Estimate    Estimate    Currently    Program
       Sec. of Regs/authority            Respondent type              Title           number of    responses    annual       total       total     approved   change due  Adjustment      Net
                                                                                     respondents      per      responses   hours per    burden      burden     to  rule                 change
                                                                                                  respondent               response                             making
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 Affected Public: State Agencies
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
247.6(d)...........................  State agency..........  State Plan Amendment..           45           1          45        5.25      236.25         200       36.25           0       36.25
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Affected Public: Individuals
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
247.8 & 247.16(a)..................  Elderly...............  Applications/               702,500           1     702,500        0.25     175,625     286,500    -110,875           0    -110,875
                                                              Recertification.
247.8 & 247.16(a)..................  Women, infants and      Applications/                     0           0           0           0           0       7,500      -7,500           0      -7,500
                                      children.               Recertification.
                                                                                    ------------------------------------------------------------------------------------------------------------
  Individual Total.................  ......................  ......................      702,500           1     702,500        0.25     175,625     294,000    -118,375           0    -118,375
                                                                                    ------------------------------------------------------------------------------------------------------------
    Total Reporting................  ......................  ......................      702,545           1     702,545        0.25     175,861     294,200    -118,339  ..........    -118,339
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Currently
                                             Estimate        Number of     Total annual      Estimate        Estimate        approved        Change in
                                             number of     responses per     responses      total hours    total burden   burden  #0584-      burden
                                            respondents     respondent                     per response                        0293
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reporting...............................     752,675.00e            2.42    1,824,554.57            0.15      272,291.13         390,630        -118,339
Recordkeeping...........................       26,970.00            56.3    1,518,341.46            0.51      770,747.03      770,747.03               0
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................      752,675.00            4.44    3,342,896.03            0.31    1,043,038.16    1,161,377.03        -118,339
--------------------------------------------------------------------------------------------------------------------------------------------------------

E-Government Act Compliance

    The Department is committed to complying with the E-Government Act, 
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 in 7 CFR Part 247

    Definitions, Purpose and Scope, Agreements, State and local agency 
responsibilities, State Plan, Individuals applying to participate in 
CSFP, Rights and responsibilities, Other public assistance programs, 
Certification period, Nutrition education, Dual participation, 
Allowable uses of administrative funds and other funds, Storage and 
Inventory of commodities, Reports and recordkeeping, and Claims.

    Accordingly, 7 CFR part 247 is amended as follows:

PART 247--COMMODITY SUPPLEMENTAL FOOD PROGRAM

0
1. The authority citation for part 247 continues to read as follows:

    Authority: Sec. 5, Pub. L. 93-86, 87 Stat. 249, as added by Sec. 
1304(b)(2), Pub. L. 95-113, 91 Stat. 980 (7 U.S.C. 612c note); sec. 
1335, Pub. L. 97-98, 95 Stat. 1293 (7 U.S.C. 612c note); sec. 209, 
Pub. L. 98-8, 97 Stat.

[[Page 68721]]

35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98-92, 97 Stat. 611 (7 
U.S.C. 612c note); sec. 1562, Pub. L. 99-198, 99 Stat. 1590 (7 
U.S.C. 612c note); sec. 101(k), Pub. L. 100-202; sec. 1771(a), Pub. 
L. 101-624, 101 Stat. 3806 (7 U.S.C. 612c note); sec 402(a), Pub. L. 
104-127, 110 Stat. 1028 (7 U.S.C. 612c note); sec. 4201, Pub. L. 
107-171, 116 Stat. 134 (7 U.S.C. 7901 note); sec. 4221, Pub. L. 110-
246, 122 Stat. 1886 (7 U.S.C. 612c note); sec. 4221, Pub. L. 113-79, 
7 U.S.C. 612c note).


0
2. In Sec.  247.1:
0
a. Remove the definitions of ``Breastfeeding women,'' ``Children,'' 
``Infants,'' ``Postpartum women,'' and ``WIC Program.''
0
b. Revise the definitions ``Certification Period,'' and ``Dual 
participation''.
    The revisions read as follows:


Sec.  247.1  Definitions.

* * * * *
    Certification period means the period during which a CSFP 
participant may continue to receive benefits under CSFP without a 
formal review of eligibility.
* * * * *
    Dual participation means the simultaneous participation by an 
individual in CSFP at more than one distribution site.
* * * * *


Sec.  247.2  [Amended]

0
3. In Sec.  247.2(a), remove the third sentence.


Sec.  247.4  [Amended]

0
4. In paragraph Sec.  247.4(d), remove ``Sec.  250.12(c)'' and add in 
its place ``Sec.  250.4'' and in the last sentence add the word 
``into'' after the word ``entering''.


Sec.  247.5  [Amended]

0
5. In Sec.  247.5(b)(8), remove ``and with the WIC State agency, unless 
no women, infants, and children remain enrolled in CSFP in the State''

0
6. In Sec.  247.6:
0
a. In paragraph (c)(2), remove the phrase ``to be used for women, 
infants, and children, if applicable,''.
0
b. In paragraph (c)(8), remove ``, including, if applicable, 
collaboration with the State WIC agency and a copy of the agreement 
signed with the State WIC agency to accomplish this''.
0
c. Add paragraph (c)(12).
    The revision reads as follows:


Sec.  247.6  State Plan.

* * * * *
    (c) * * *
    (12) The length of the State agency's certification period.
* * * * *

0
7. In Sec.  247.8:
0
a. Revise paragraph (a); and
0
b. Amend paragraph (b) by removing ``I may not receive both CSFP and 
WIC benefits simultaneously, and''.
    The revision should read as follows:


Sec.  247.8  Individuals applying to participate in CSFP.

    (a) What information must individuals applying to participate in 
CSFP provide? To apply for or to be recertified for CSFP benefits, the 
applicant or caretaker of the applicant must provide the following 
information on the application:
    (1) Name and address, including some form of identification for 
each applicant;
    (2) Household income;
    (3) Household size; and
    (4) Other information related to eligibility, such as age
* * * * *

0
8. Revise Sec.  247.9 to read as follows:


Sec.  247.9  Eligibility requirements.

    (a) Who is eligible for CSFP? To be eligible for CSFP, individuals 
must be at least 60 years of age and meet the income eligibility 
requirements outlined in paragraph (b) of this section.
    (b) What are the income eligibility requirements for CSFP 
applicants? The State agency must use a household income limit at or 
below 130 percent of the Federal Poverty Income Guidelines. Elderly 
persons in households with income at or below this level must be 
considered eligible for CSFP benefits (assuming they meet other 
requirements contained in this part). However, elderly persons 
certified before September 17, 1986 (i.e., under the three elderly 
pilot projects) must remain subject to the eligibility criteria in 
effect at the time of their certification.
    (c) When must the State agency revise the CSFP income guidelines to 
reflect the annual adjustments of the Federal Poverty Income 
Guidelines? Each year, FNS will notify State agencies, by memorandum, 
of adjusted income guidelines by household size at 130 percent and 100 
percent of the Federal Poverty Income Guidelines. The memorandum will 
reflect the annual adjustments to the Federal Poverty Income Guidelines 
issued by the Department of Health and Human Services. The State agency 
must implement the adjusted guidelines immediately upon receipt of the 
memorandum.
    (d) How is income defined and considered as it relates to CSFP 
eligibility? (1) Income means gross income before deductions for such 
items as income taxes, employees' social security taxes, insurance 
premiums, and bonds.
    (2) The State agency may exclude from consideration the following 
sources of income listed under the regulations for the Special 
Supplemental Nutrition Program for Women, Infants, and Children at 
Sec.  246.7(d)(2)(iv) of this chapter:
    (i) Any basic allowance for housing received by military services 
personnel residing off military installations; and
    (ii) The value of inkind housing and other inkind benefits.
    (3) The State agency must exclude from consideration all income 
sources excluded by legislation, which are listed in Sec.  
246.7(d)(2)(iv)(D) of this chapter. FNS will notify State agencies of 
any new forms of income excluded by statute through program policy 
memoranda.
    (4) The State agency may authorize local agencies to consider the 
household's average income during the previous 12 months and current 
household income to determine which more accurately reflects the 
household's status. In instances in which the State makes the decision 
to authorize local agencies to determine a household's income in this 
manner, all local agencies must comply with the State's decision and 
apply this method of income determination in situations in which it is 
warranted.
    (e) What other options does the State agency have in establishing 
eligibility requirements for CSFP? (1) The State agency may require 
that an individual be at nutritional risk, as determined by a physician 
or by local agency staff.
    (2) The State agency may require that an individual reside within 
the service area of the local agency at the time of application for 
CSFP benefits. However, the State agency may not require that an 
individual reside within the area for any fixed period of time.

0
9. In Sec.  247.12, revise paragraph (a)(2) to read as follows.


Sec.  247.12  Rights and responsibilities.

    (a) * * *
    (2) The local agency will make nutrition education available to all 
participants and will encourage them to participate; and
* * * * *


Sec.  247.14  [Amended]

0
10. In Sec.  247.14:
0
a. Remove paragraph (a) and redesignate paragraphs (b) and (c) as (a) 
and (b).
0
b. In newly redesignated paragraph (a) introductory text, remove the 
word ``elderly'' wherever it appears.
0
c. In newly redesignated paragraph (a)(3), remove ``Food Stamp'' and 
add in

[[Page 68722]]

its place ``Supplemental Nutrition Assistance''.

0
11. In Sec.  247.16, revise paragraph (a) to read as follows:


Sec.  247.16  Certification period.

    (a) How long is the certification period? (1) Minimum certification 
period. The State agency must establish certification periods that are 
not less than one year but not more than three years in duration. If 
the State agency chooses to establish a certification period that 
exceeds one year, the State must first receive approval from FNS by 
submitting a State Plan amendment. FNS shall approve State requests for 
a certification period exceeding one year on the condition that, on an 
annual basis, local agencies do the following:
    (i) Verify the address and continued interest of the participant; 
and
    (ii) Have sufficient reason to determine that the participant still 
meets the income eligibility standards, which may include a 
determination that the participant has a fixed income.
    (2) Temporary certification. An eligible CSFP applicant, including 
individuals on waiting lists, may be provided with a temporary monthly 
certification to fill any caseload slot resulting from nonparticipation 
by certified participants.
    (3) Recertification. Participants must be recertified following the 
application procedures outlined at Sec.  247.8 in order to continue 
receiving program benefits beyond the expiration of their certification 
period.
* * * * *


Sec.  247.18  [Amended]

0
12. In Sec.  247.18:
0
a. Remove paragraph (b)(4) and redesignate paragraphs (b)(5) and (6) as 
(b)(4) and (5).
0
b. Amend paragraph (c) by removing the word ``adult'' before 
``participants'' and removing, ``and, if applicable, to parents or 
caretakers of infant and child participants. Local agencies are 
encouraged to make nutrition education available to children, where 
appropriate''

0
13. In Sec.  247.19, am:
    Amend paragraph (a) by revising the first sentence and paragraph 
(b) to read as follows: Sec.  247.19 Dual participation.
    (a) What must State and local agencies do to prevent and detect 
dual participation? The State agency must work with local agencies to 
prevent and detect dual participation. * * *
    (b) What must the local agency do if a CSFP participant is found to 
be committing dual participation? A participant found to be committing 
dual participation must be discontinued from participation at more than 
one CSFP site. In accordance with Sec.  247.20(b), if the dual 
participation resulted from the participant or caretaker of the 
participant making false or misleading statements, or intentionally 
withholding information, the local agency must disqualify the 
participant from CSFP, unless the local agency determines that 
disqualification would result in a serious health risk. The local 
agency must also initiate a claim against the participant to recover 
the value of CSFP benefits improperly received, in accordance with 
Sec.  247.30(c). Whenever an individual's participation in CSFP is 
discontinued, the local agency must notify the individual of the 
discontinuance, in accordance with Sec.  247.17. The individual may 
appeal the discontinuance through the fair hearing process, in 
accordance with Sec.  247.33(a).


Sec.  247.25  [Amended]

0
14. In Sec.  247.25(f), remove ``Sec.  250.15(c)'' and add in its place 
``Sec.  250.17(c)''.


Sec.  247.28  [Amended]

0
15. In Sec.  247.28(a), remove ``under'' and add in its place ``in 
Sec.  250.12 and''.


Sec.  247.29  [Amended]

0
16. In Sec.  247.29, amend paragraph (b)(2)(i) by removing ``in each 
population category (e.g., infants, children, and elderly)''.


Sec.  247.30  [Amended]

0
17. In Sec.  247.30(b), remove ``Sec.  250.15(c)'' in the first place 
it appears and and add in its place ``Sec.  250.16(a)'', and remove 
``Sec.  250.15(c)'' in the second place it appears and add in its place 
``Sec.  250.17(c)''.

Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2020-23760 Filed 10-29-20; 8:45 am]
BILLING CODE 3410-30-P