[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]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
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