[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Rules and Regulations]
[Pages 35855-35858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12748]



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 Rules and Regulations
                                                 Federal Register
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 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.
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  Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Rules 
and Regulations  

[[Page 35855]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 272

[FNS-2016-0078]
RIN 0584-AE56


Supplemental Nutrition Assistance Program: Civil Rights Update to 
the Federal-State Agreement

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

ACTION: Final rule.

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

SUMMARY: This final rule updates the Supplemental Nutrition Assistance 
Program (SNAP) civil rights assurance template language for the 
Federal-State Agreement. These updates do not contain any new 
requirements and would codify protections already required by Federal 
law and existing policy.

DATES: This rule is effective August 15, 2022.

FOR FURTHER INFORMATION CONTACT: Certification Policy Branch, Program 
Development Division, FNS, 1320 Braddock Place, Alexandria, Virginia 
22314. [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    This final rule updates the SNAP Federal-State Agreement (FSA) 
civil rights assurance language to reflect protections already required 
by Federal law. The FSA is the legal agreement between the Department 
of Agriculture (the Department) and the State agency by which the State 
elects to operate SNAP, doing so in accordance with the Food and 
Nutrition Act of 2008 (the Act), SNAP regulations, the State Plan of 
Operation (State Plan), civil rights laws, and civil rights 
regulations. The Act requires that each State operating SNAP have a 
State Plan specifying details as to how the State conducts the program. 
The State Plan contains forms, plans, agreements, policy descriptions, 
and policy options required by Federal regulation and is cleared under 
OMB No. 0584-0083, Expiration date 08/31/2023. Program requirements at 
7 CFR 272.2(a)(2) include the FSA as one such required component of the 
State Plan.
    Although the State agency may propose alternative language that 
both the Department and the State agency may mutually agree to modify 
or supplement, requirements at 7 CFR 272.2(b)(1) contain standard FSA 
language for State agencies operating SNAP. As a Federal program, civil 
rights protections for SNAP applicants and recipients are important and 
essential. Codifying civil rights protections is vital to the success 
of SNAP because it supports the Department in providing equitable and 
superior customer service to all SNAP applicants and recipients. The 
protections included in this rule will prevent discrimination and 
systemic racism in the SNAP program that could negatively impact 
program access and outcomes. Integrating additional civil rights 
language into the FSA ensures a consistent application of these 
practices across the program. On November 17, 2016, at (81 FR 81015) 
the Department proposed a revision to the standard FSA language at 7 
CFR 272.2(b)(1) in order to update this critical language to codify 
protections already required by Federal law and existing policy. The 
Department received five comments on the proposed rule. Two comments 
were outside the scope of this rulemaking and the remaining three were 
strongly supportive of the proposed changes. The supportive comments 
agreed with FNS' actions to strengthen civil rights protections in 
SNAP.
    Since standard FSA language was first established in SNAP 
regulations, Congress has passed additional civil rights legislation 
and more uniform administrative procedures have been established to 
support effective enforcement of the civil rights protections. Further, 
the U.S. Department of Justice (DOJ) recommended the addition of 
updated references in the Department's civil rights-related materials. 
The Department understands that similar language has been incorporated 
into agreements in other Federal agencies and has incorporated similar 
language in agreements in the Department's Child Nutrition Program and 
Women, Infants and Children (WIC) program, and Food Distribution 
programs. The Department also notes, by way of background, that the FSA 
in SNAP is unique within the Department's programs in that most other 
comparable agreements are not contained in the Federal regulations but 
in forms formally approved by the Office of Management and Budget 
(OMB).
    This final rule incorporates references to additional civil rights 
legislation into the standard FSA language at section 272.2. Those 
references include Title IX of the Education Amendments of 1972 (20 
U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 
6101 et seq.), Title II and Title III of the Americans with 
Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 
2008 (42 U.S.C. 12131-12189), and Executive Order 13166, ``Improving 
Access to Persons with Limited English Proficiency.'' This final rule 
will incorporate those provisions into the regulations at 7 CFR 
272.2(b)(1). The Department received no adverse comments on these 
revisions and is finalizing as proposed.
    The Department also proposed to include language that would require 
States to comply with Department instructions, policy guidance, and 
other written directions. Departmental instructions, policy guidance, 
and written directions derive from statutory and regulatory authority 
and clarify existing legal requirements. Referencing those materials in 
the regulation is unnecessary, therefore the Department is removing 
such language. Therefore, the Department is not including reference to 
Department instructions, policy guidance, and other written directions 
in 7 CFR 272.2(b)(1).
    In addition to updating the template language with references to 
additional civil rights legislation, the proposed rule identified 
additional language for inclusion based upon DOJ's recommendations. 
This includes denoting the Department's ability to track, analyze, and 
enforce the civil rights protections denoted in the FSA. Within these 
changes, the Department proposed to add that the State agency agreeing 
to follow civil rights requirements in the FSA is made in consideration 
of and for the purposes of obtaining Federal financial assistance. 
Next, the rule proposed to incorporate

[[Page 35856]]

the State agency's existing obligation to compile data, maintain 
records, and submit records and reports as required to allow for 
effective enforcement of the civil rights provisions. This would 
include an assurance to allow Department personnel to review and access 
records, access facilities and interview personnel to ascertain 
compliance with nondiscrimination laws. Finally, the rule proposed to 
codify procedures to support enforcement of the nondiscrimination 
protections by updating the FSA to include a provision that the 
Department may seek judicial enforcement for violations of the FSA, 
adding assurances that the State agency and its successors are bound by 
the FSA. Again, these provisions would not only be responsive to DOJ's 
suggestions regarding nondiscrimination compliance language but also 
mirror language in other USDA programs. The Department received no 
adverse comments on these revisions and is finalizing as proposed.
    FSAs, once signed by the chief executive officer of a State or 
authorized designee, are valid under 7 CFR 272.2(e)(1) until they are 
terminated. The Department will now refer to the ``chief executive 
officer of a State'' as the FSA signatory in 7 CFR 272.2(b)(1), in lieu 
of the term ``Governor.'' While not originally included in the proposed 
rule, the Department is making this technical change to SNAP 
regulations in this final rule to account for the District of 
Columbia's governance structure. Section 272.2(e)(1) also provides that 
the FSA must be signed and submitted to FNS within 120 days after the 
publication of the regulations in final form and shall remain in effect 
until terminated. Although initially included in the regulations with 
other regulatory FSA requirements, the same procedure would apply to 
this update. Given the publication date of this final rule, all State 
agencies will update this language in the FSA at the time of their next 
State Plan submission and provide a copy of the same to the Department 
within 120 days of the effective date. Although State agencies are 
already required to abide by the new civil rights language as stated 
above, the Department believes it is important to incorporate the 
updated language at section 272.2(b)(1) in the FSA itself.

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 final rule has been determined to be not significant and was 
not 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 (OMB), 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 changes required by the 
regulations are primarily directed toward State agencies operating SNAP 
programs.

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).

Unfunded Mandates Reform Act

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

Executive Order 12372

    State administrative matching grants for SNAP are listed in the 
Catalog of Federal Domestic Assistance Programs under 10.561. For the 
reasons set forth in the final rule in 7 CFR part 3015, subpart V, and 
related Notice (48 FR 29114, June 24, 1983), this program is included 
in the scope of Executive Order 12372, which requires intergovernmental 
consultation with State and local officials. The Department issued 
guidance in June 2016 to State agencies, and continues to do so 
annually, as part of a larger effort to help States ensure their State 
Plans are complete and up to date, which in part included direction to 
State agencies to incorporate updated civil rights provisions as an 
addendum to existing FSAs.

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 considered the impact of this rule on State and 
local governments and has determined that this rule does not have 
significant federalism implications. State agencies will be required to 
update the standard language contained in FSAs once if they have not 
already incorporated updated civil rights provisions through an 
addendum to their existing FSA. Therefore, under section 6(b) of the 
Executive Order, a federalism summary 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 that 
conflict with its provisions or that would otherwise impede its full 
and timely implementation. This rule is not intended to have 
retroactive effect.

[[Page 35857]]

Civil Rights Impact Analysis

    FNS has reviewed the final rule, in accordance with Department 
Regulation 4300-004, Civil Rights Impact Analysis, to identify and 
address any major civil rights impacts the final rule might have on 
minorities, women, and persons with disabilities. The changes to SNAP 
regulations in this final rule are to incorporate references to 
additional civil rights legislation into the standard FSA language. 
After careful review of the rule's intent and provisions, FNS believes 
that the promulgation of this final rule will incorporate the State 
agency's existing obligation within FSAs. Additionally, the rule will 
likely result in improved, equitable, and superior customer service to 
all SNAP applicants and recipients.

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.
    The Department notes that the regulatory changes finalized in this 
rule impact program applicants and participants equally regardless of 
Tribal status or residence. The Department is unaware of any current 
Tribal laws that could be in conflict with the final rule.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR 
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.
    The provisions in this final rule do not contain new, revised or 
altered information collection requirements subject to approval by OMB 
under the Paperwork Reduction Act of 1995. The Department anticipates 
that this rule would have no to minimal time and cost impacts on the 
Federal Government and State agencies. State agencies are already 
required to follow the requirements contained in the added 
nondiscrimination references. Any existing time and cost burden would 
be related to administrative obligations to sign an updated Federal-
State Agreement and to ensure appropriate recordkeeping to support 
enforcement of the nondiscrimination provisions as cleared under OMB 
Control Number 0584-0083; Expiration Date: 08/2023. FNS provides 50 
percent of SNAP's administrative cost reimbursement and so a portion of 
any minimal administrative costs would be offset by federal funding.
    Since State agencies are already required to have these agreements, 
the impact of this provision is insignificant to the reporting or 
recordkeeping burden activities required under the Paperwork Reduction 
Act and therefore will not change the burden estimates already approved 
under OMB Number 0584-0083; Expiration Date: 08/2023. If FNS determines 
estimates have increased significantly, the Agency will publish a 60-
day Federal Register Notice to seek OMB approval. Other minimal burdens 
imposed on State agencies by implementation of this final rule are 
usual and customary within the course of their normal business 
activities.

E-Government Act Compliance

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

List of Subjects in 7 CFR Part 272

    Alaska, Civil rights, Supplemental Nutrition Assistance Program, 
Grant programs--social programs, Penalties, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 272 is 
amended as follows:

PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES

0
1. The authority citation for part 272 continues to read as follows:

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


0
2. Amend Sec.  272.2 by revising paragraph (b)(1) to read as follows


Sec.  272.2  Plan of Operation.

* * * * *
    (b) * * *
    (1) The wording of the Federal/State Agreement is as follows:
    The SNAP State agency of ___ and the Food and Nutrition Service 
(FNS), U.S. Department of Agriculture (USDA), hereby agree to act in 
accordance with the provisions of the Food and Nutrition Act of 2008, 
as amended, implementing regulations and the FNS approved State Plan of 
Operation. The State agency and FNS USDA further agree to fully comply 
with any changes in Federal law and regulations. This agreement may be 
modified with the mutual written consent of both parties.
Provisions
    The State agrees to:
    1. Administer the program in accordance with the provisions 
contained in the Food and Nutrition Act of 2008, as amended, and in the 
manner prescribed by regulations issued pursuant to the Act; and to 
implement the FNS-approved State Plan of Operation.
    2. Assurance of Civil Rights Compliance: Comply with Title VI of 
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination 
Act of 1975 (42 U.S.C. 6101 et seq.), section 11(c) of the Food and 
Nutrition Act of 2008, as amended (7 U.S.C. 2020), Title II and Title 
III of the Americans with Disabilities Act (ADA) of 1990 as amended by 
the ADA Amendments Act of 2008 (42 U.S.C. 12131-12189) as implemented 
by Department of Justice regulations at 28 CFR part 35 and 36, 
Executive Order 13166, ``Improving Access to Services for Persons with 
Limited English Proficiency'' (August 11, 2000), and all requirements 
imposed by the regulations issued by the Department of Agriculture to 
the effect that, no person in the United States shall, on the grounds 
of sex, including gender identity and sexual orientation, race, color, 
age, political belief, religious creed, disability, or national origin, 
be excluded from participation in, be denied the benefits of, or be 
otherwise subject to discrimination under SNAP. This includes program-
specific requirements found at 7 CFR part 15 et seq. and 7 CFR 272.6.
    This assurance is given in consideration of and for the purpose of 
obtaining any and all Federal assistance extended to the State by USDA 
under the authority of the Food and Nutrition Act of 2008, as amended. 
Federal financial assistance includes grants, and loans of Federal 
funds; reimbursable expenditures, grants, or donations of Federal 
property and interest in property; the detail of Federal personnel; the 
sale, lease of, or permission to use Federal property or interest in 
such property; the furnishing of services without consideration, or at

[[Page 35858]]

a nominal consideration, or at a consideration that is reduced for the 
purpose of assisting the recipient or in recognition of the public 
interest to be served by such sale, lease, or furnishing of services to 
the recipient; or any improvements made with Federal financial 
assistance extended to the State by USDA. This assistance also includes 
any Federal agreement, arrangement, or other contract that has as one 
of its purposes the provision of cash assistance for the purchase of 
food, cash assistance for purchase or rental of food service equipment 
or any other financial assistance extended in reliance on the 
representations and agreements made in this assurance.
    By accepting this assurance, the State agency agrees to compile 
data, maintain records, and submit records and reports as required, to 
permit effective enforcement of nondiscrimination laws and permit 
authorized USDA personnel during hours of program operation to review 
and copy such records, books, and accounts, access such facilities and 
interview such personnel as needed to ascertain compliance with the 
nondiscrimination laws. If there are any violations of this assurance, 
USDA, FNS, shall have the right to seek judicial enforcement of this 
assurance. This assurance is binding on the State agency, its 
successors, transferees and assignees as long as it receives assistance 
or retains possession of any assistance from USDA. The person or 
persons whose signatures appear below are authorized to sign this 
assurance on behalf of the State agency.
    3. (For States with Indian Reservations only). Implement the 
Program in a manner that is responsive to the special needs of American 
Indians on reservations and consult in good faith with tribal 
organizations about that portion of the State's Plan of Operation 
pertaining to the implementation of the Program for members of the 
tribe on reservations.
    4. FNS agrees to: 1. Pay administrative costs in accordance with 
the Food and Nutrition Act of 2008, implementing regulations, and an 
approved Cost Allocation Plan.
    2. Carry out any other responsibilities delegated by the Secretary 
in the Food and Nutrition Act of 2008, as amended.

Date-------------------------------------------------------------------

Signature--------------------------------------------------------------

(Chief Executive Officer of a State or Authorized Designee)

Date-------------------------------------------------------------------

Signature--------------------------------------------------------------

(Regional Administrator, FNS)

* * * * *

Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2022-12748 Filed 6-13-22; 8:45 am]
BILLING CODE 3410-30-P