[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Proposed Rules]
[Pages 15304-15334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04821]
[[Page 15303]]
Vol. 85
Tuesday,
No. 52
March 17, 2020
Part III
Department of Agriculture
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Food and Nutrition Service
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7 CFR Parts 271 and 273
Employment and Training Opportunities in the Supplemental Nutrition
Assistance Program; Proposed Rule
Federal Register / Vol. 85 , No. 52 / Tuesday, March 17, 2020 /
Proposed Rules
[[Page 15304]]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 271 and 273
[FNS-2019-0008]
RIN 0584-AE68
Employment and Training Opportunities in the Supplemental
Nutrition Assistance Program
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Proposed rule.
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SUMMARY: The proposed rule would implement the changes made by section
4005 of the Agriculture Improvement Act of 2018 (the Act) to the
Supplemental Nutrition Assistance Program (SNAP) pertaining to the
Employment and Training (E&T) program and aspects of the work
requirement for able-bodied adults without dependents (ABAWDs). In
general, these changes are related to strengthening the SNAP E&T
program, adding workforce partnerships as a way for SNAP participants
to meet their work requirements, and modifying the work requirement for
ABAWDs.
DATES: Written comments must be received on or before May 18, 2020 to
be assured of consideration.
ADDRESSES: The Food and Nutrition Service, USDA, invites interested
persons to submit written comments on this proposed rule. Comments may
be submitted in writing by one of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Send comments to Moira Johnston, Food and Nutrition
Service, Office of Employment and Training, 1320 Braddock Place,
Alexandria, VA 22314.
Email: Send comments to [email protected]. Include Docket
ID Number [FNS-2019-0008], ``Employment and Training Opportunities in
the Supplemental Nutrition Assistance Program'' in the subject line of
the message.
All written comments submitted in response to this
proposed rule will be included in the record and will be made available
to the public. Please be advised that the substance of the comments and
the identity of the individuals or entities submitting the comments
will be subject to public disclosure. FNS will make the written
comments publicly available on the internet via http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Moira Johnston, Food and Nutrition
Service, Office of Employment and Training, 1320 Braddock Place,
Alexandria, VA 22314, or [email protected].
SUPPLEMENTARY INFORMATION: The proposed rule would implement the
changes made by section 4005 of the Agriculture Improvement Act of 2018
(Pub. L. 115-334) (the Act) to the Supplemental Nutrition Assistance
Program (SNAP). The proposed rule would require State agencies to
consult with their State workforce development boards on the design of
their E&T programs and require State agencies to document in their E&T
State plans the extent to which their E&T programs will be carried out
in coordination with activities under title I of the Workforce
Innovation and Opportunity Act (WIOA). The proposed rule would also
make changes to E&T components including: Replacing job search with
supervised job search as a component; eliminating job finding clubs;
replacing job skills assessments with employability assessments; adding
apprenticeships and subsidized employment as allowable activities;
requiring a 30-day minimum for provision of job retention services; and
allowing those activities from the E&T pilots authorized under the
Agricultural Act of 2014 (Pub. L. 113-79) that have had the most
demonstrable impact on the ability of participants to find and retain
employment that leads to increased income and reduced reliance on
public assistance to become allowable E&T activities.
The proposed rule would also require that, in addition to providing
one or more E&T components, all E&T programs provide case management
services to E&T participants. The rule would revise the definition of
good cause for failure to comply with the requirement to participate in
E&T to include instances in which an appropriate component or opening
in an E&T program is not available and would also modify the required
reporting elements in the final quarterly E&T Program Activity Report
provided by State agencies to include the number of SNAP participants
who are required to participate in E&T and, of those, the number who
begin participation. The proposed rule would add workforce partnerships
as a way for SNAP participants to meet their work requirements. It
would also establish a funding formula for reallocated E&T funds, and
increase the minimum allocation of 100 percent funds for each State
agency to $100,000, as prescribed by the Act. The proposed rule would
require State agencies to re-direct individuals who are determined ill-
suited for an E&T program component to other more suitable activities.
The proposed rule would also codify some changes to ABAWD policy.
These changes include updating the regulations to reflect the reduction
in the number of ABAWD work exemptions from 15 percent to 12 percent
(this change was implemented at the start of Fiscal Year 2020) and
referring to such exemptions as ``discretionary exemptions,'' as well
as adding workforce partnerships and employment and training programs
for veterans operated by the Department of Labor or the Department of
Veteran's Affairs to the list of work programs for ABAWDs. The rule
would also replace ``job search'' with ``supervised job search'' as a
type of activity that cannot count as a work program for the purposes
of an ABAWD fulfilling their work requirement, unless it comprises less
than half the work requirement.
The proposed rule would add the requirement that all State agencies
advise certain types of households subject to the general work
requirement at recertification of employment and training
opportunities. The rule would also require State agencies to provide to
all households subject to work requirements with a consolidated written
statement and comprehensive oral explanation of the work requirements
for individuals within the household.
Overall, the Department believes the statutory changes made by
section 4005 of the Act will strengthen E&T programs, and improve SNAP
participants' ability to gain and retain employment, thus reducing
participant reliance on the social safety net. Through this
legislation, Congress has tasked the Department and State agencies with
reviewing and bolstering the quality and accountability of E&T programs
for SNAP participants. The proposed rule would allow for more evidence-
based components and require more accountability on the part of both
State agencies and E&T participants while also retaining State
flexibility. Notably, the addition of case management to the definition
of an E&T program fundamentally changes SNAP E&T and the expectation
for how State agencies must engage with E&T participants. As a result,
the Department proposes several changes to the way E&T programs are
described. Under the proposed rule, an E&T program would be defined as
a program providing both case management and one or more E&T
components. E&T components may be
[[Page 15305]]
comprised of a number of activities which are designed to achieve the
purpose of the component. The Department is also asking for input
around the requirement to verify SNAP eligibility for E&T
participation.
The Department will discuss each of the proposed regulatory changes
in more detail below.
Consultation With Workforce Development Boards and Coordination With
the Workforce Innovation and Opportunity Act (WIOA)
Current regulations at 7 CFR 273.7(c)(5) require that E&T
components must be delivered through the State's statewide workforce
development system, unless the component is not available locally
through such a system. The Act added the requirement in section
6(d)(4)(A) of the Food and Nutrition Act (FNA) that State agencies must
design their SNAP E&T programs in consultation with their State
workforce development board or, if the State agency demonstrates that
consultation with private employers or employer organizations would be
more effective or efficient, in consultation with private employers or
employer organizations. The Act also added a new requirement that State
agencies include in their E&T State plans the extent to which the State
agency will coordinate with the activities carried out under title I of
the Workforce Innovation and Opportunity Act (WIOA). The Department
instructed State agencies in the March 6, 2019, Informational
Memorandum on Farm Bill E&T (https://www.fns.usda.gov/snap/snap-section-4005-agriculture-improvement-act-2018-informational-memorandum)
that these provisions were self-enacting and States should begin
implementing them immediately and incorporate a description into their
FY 2020 E&T State plans. The Department proposes to modify the
regulation at 7 CFR 273.7(c)(5) to add the requirement that State
agencies design their E&T programs in consultation with their State
workforce development board or with employers or employer
organizations, if the State agency demonstrates such consultation would
be more effective or efficient. The Department also proposes to modify
the regulation at 7 CFR 273.7(c)(6)(xii), as redesignated, to require
State agencies to describe in their E&T State plans how they met this
requirement to consult, and to include a description of any outcomes
from this consultation. The Department also proposes to modify the
regulation at 7 CFR 273.7(c)(6)(xii), as redesignated, to require State
agencies to document in their E&T State plan the extent to which their
E&T programs are coordinated with activities carried out under title I
of WIOA. The Department would like to clarify that, despite these new
requirements for consultation with State workforce development boards
and for documenting in E&T State plans the extent to which State
agencies have coordinated with activities carried out under title I of
WIOA, State agencies would not need approval from the State workforce
development board to implement their E&T program. The State SNAP agency
would remain responsible for implementing and operating the State's E&T
program.
The Department encourages State agencies to take full advantage of
the workforce development expertise that already exists in their States
to inform their E&T programs. Generally, E&T programs must be delivered
through statewide workforce development systems--a broad network of
service providers which may include: Government and the public sector;
community-based organizations and nonprofits; employers and industry;
occupational training providers; and post-secondary institutions, such
as community colleges. State agencies should work with their
Departments of Labor, State and local workforce development boards, and
American Job Centers, as well as tribal workforce development programs,
to obtain comprehensive labor market information when designing their
E&T programs, and to capitalize on existing workforce development
infrastructure and resources to ensure E&T participants have access to
appropriate E&T services necessary to move them into good jobs and
toward economic self-sufficiency. The Department encourages State
agencies to design programs that are responsive to the needs of
employers. Local Departments of Labor or American Jobs Centers may have
existing relationships with local employers through which they have
generated important information about the local labor market and
employer training needs. State agencies should leverage the insights
gained through these existing relationships as they build their own E&T
programs. Nevertheless, the Department would again emphasize that,
while State agencies may utilize the workforce development expertise of
other agencies or organizations, it ultimately remains the
responsibility of the State agency to ensure that E&T programs meet all
SNAP requirements and operate in compliance with SNAP law and
regulations.
Supervised Job Search
Current regulations at 7 CFR 273.7(e)(1)(i) establish job search as
an allowable E&T component. In addition, current regulations at 7 CFR
273.7(e)(1) specify that ``job search or job search training, when
offered as components of an E&T program, are not qualifying activities
relating to the participation requirements necessary to maintain SNAP
eligibility for ABAWDs.'' However, the current provision goes on to
state that ``job search or job search training activities, when offered
as part of other E&T program components, are acceptable as long as
those activities comprise less than half the total required time spent
in the components.'' The Act replaced the E&T job search component with
supervised job search in section 6(d)(4)(B)(i)(I) of the FNA, and
defined supervised job search as an E&T component that occurs at State-
approved locations at which the activities of participants shall be
directly supervised, and the timing and activities of participants
tracked in accordance with guidelines issued by the State agency. The
Department instructed State agencies in the March 6, 2019,
Informational Memorandum on Farm Bill E&T that, if they offer job
search as part of SNAP E&T, that job search must be supervised, in
compliance with the new statutory requirements in FY 2020. Likewise,
here the Department proposes to codify the new supervised job search
component at current 7 CFR 273.7(e)(1)(i), now being redesignated as 7
CFR 273.7(e)(2)(i). In addition, the Department proposes to make edits
to current 7 CFR 273.7(e)(1), at redesignated 7 CFR 273.7(e)(2), to
specify that job search, including supervised job search, when offered
as components of an E&T program, are not in and of themselves
``qualifying activities relating to the participation requirements
necessary to fulfill the ABAWD work requirement under Sec. 273.24.''
However, job search, including supervised job search, are
acceptable activities when offered as part of other E&T program
components and those activities comprise less than half of the total
required time spent in the components. The Department also proposes
changes related to supervised job search in the section on ABAWD work
programs at 7 CFR 273.24(a)(1)(iii), which are discussed in the section
titled Work Programs for Fulfilling the ABAWD Work Requirement later in
this preamble.
As noted above, the Department proposes to update the job search
component to supervised job search in
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current 7 CFR 273.7(e)(1)(i), at redesignated 7 CFR 273.7(e)(2)(i). In
accordance with the Act, the Department proposes to define supervised
job search as an E&T component that occurs at State-approved locations
at which the activities of participants shall be directly supervised,
and the timing and activities of participants tracked, in accordance
with guidelines issued by the State agency. The requirements encourage
the development of environments and engagement strategies that ensure
the time an E&T participant spends looking for a job is productive and
more likely to lead to improved employment outcomes.
The Department also believes that supervised job search should not
create unnecessary impediments that would hinder an E&T participant's
ability to move toward self-sufficiency. The Department recognizes that
meeting this expectation may require additional State agency resources,
particularly with regard to directly supervising E&T participants and
tracking their timing and activities. For instance, State agencies may
need to identify new environments or tools to provide supervised job
search and invest in staff to actively engage E&T participants to help
them find meaningful work. In this proposed rule the Department has
chosen to include the regulatory text as written in the statute and
seek comments about how to further define what constitutes
``supervised'' and ``State-approved location.'' The Department in
particular seeks comments on how to define supervision for the purposes
of this provision, including whether supervision shall be provided in-
person, and whether a ``State-approved location'' shall be a set
geographic point, or whether State agencies may be able to meet this
requirement in a virtual or telephonic environment.
In addition, the Department seeks comments on the various modes or
approaches for providing supervised job search, including how State
agencies and E&T providers would administer such programs in a physical
location and how they might provide these services for E&T
participants, such as those in rural areas, who may have challenges
fulfilling their requirement on-site. Commenters are also asked to
describe how other programs have implemented similar supervised job
search programs and how SNAP E&T could align with those other programs
within the bounds of the statutory changes made by the 2018 Farm Bill.
The Department is only seeking comments on those various potential
modes and approaches and does not intend to presuppose how supervision
or State-approved location may be defined in the final rule.
The Department seeks comments especially from State agencies and
E&T providers on the ways in which this provision can best be
implemented by State agencies choosing to provide supervised job search
as a tool to move E&T participants toward improved employment outcomes.
Particular questions include:
State-approved locations: What types of locations would
State agencies consider as State-approved locations (e.g., in a
specific type of facility such as local SNAP office, an American Job
Center, or the office of an E&T provider; an interactive website; or
through an application on a mobile phone)? What criteria would State
agencies consider when determining State-approved locations (e.g., ease
of access for E&T participants; ability of the State agency to provide
oversight of activities; cost to the State agency)? How would these
different approaches affect the ability of E&T participants to access
supervised job search activities and State agency administrative
burden?
Directly supervise participants: How might State agencies
directly supervise E&T participants participating in supervised job
search? What types of activities would State agencies include as part
of this supervision (e.g., guiding E&T participants to increase the
success of their job search; ensuring that E&T participants spend an
appropriate number of hours searching for jobs to fulfill their work
requirement, as applicable; or connecting E&T participants with other
resources to improve their ability to gain employment)? What modes
would State agencies consider to deliver this supervision (e.g., in-
person, text messages, chat rooms, or phone calls)? How would these
different potential approaches affect the ability of E&T participants
to access supervised job search activities and State agency
administrative burden? How might different approaches impact E&T
outcomes and move participants toward self-sufficiency through work?
Tracking timing and activities of participants: How might
State agencies track the timing and activities of E&T participants in
supervised job search? What would the State agency track (e.g., number
of job applications submitted to employers; number of hours spent
searching for a job; or number of log-ins to a State-approved website)?
What modes might State agencies consider to track the timing and
activities of participants (e.g., in-person contacts; emails, phone
calls, or text messages; or electronic sign-ins through State-approved
websites or web-based applications)? How would these different
potential approaches affect the ability of E&T participants to access
supervised job search activities and State agency administrative
burden?
In addition, the Department seeks comments describing current job
search programs operated as part of E&T programs or other workforce
development programs that are directly supervised and where the timing
and activities of participants are tracked by the State agency or
providers. How are State agencies or providers providing this direct
supervision and tracking the timing and activities of E&T participants?
Do these programs require that the activities and supervision take
place at a State-approved location? If so, how is location defined?
What lessons learned can State agencies or their providers share to
assist the Department in ensuring State agencies create supervised job
search components that are accessible to E&T participants, particularly
those in rural areas or who might otherwise have challenges accessing a
physical location, that employ evidence-based strategies to move
participants towards improved employment outcomes, and that effectively
maximize all available State E&T resources?
The Department recognizes that job search, supervised or otherwise,
can be an important activity for E&T participants seeking employment or
looking for a new job where they can apply the skills gained through
E&T. The Joint Explanatory Statement of the Committee of Conference,
issued with the Act, reinforced that view by stating that
``unsupervised job search'' may be a ``subsidiary component'' for the
purposes of meeting a work requirement, so long as it is less than half
of the requirement.\1\ As a result, the Department proposes in 7 CFR
273.7(e)(1)(i), redesignated as 7 CFR 273.7(e)(2)(i), that job search
not meeting the definition of supervised job search (i.e., that does
not meet all three of the following conditions: Takes place at a State-
approved location, is directly supervised, and the timing and
activities of participants are tracked) can be a subsidiary activity of
another E&T component as long as it makes up less than half of the
total required time spent in that component. For E&T participants
subject to the mandatory E&T requirement, this proposed rule would
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allow them to meet their mandatory E&T requirement through
participation in an E&T component in which less than 50 percent of the
time in the component is spent in job search, supervised or otherwise,
or job search training. This would enable E&T participants who are
engaged in such an E&T component to begin looking for a position while
they are still in training and to have those hours count toward meeting
their work requirement. The Department anticipates this flexibility
would maximize the potential of E&T participants to build upon
potential job connections gained while in the E&T component and
increase the speed with which E&T participants can move into
employment, while providing them sufficient time to transition from
SNAP to self-sufficiency.
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\1\ Conf. Rept. 115-1072, p. 617, https://www.congress.gov/115/crpt/hrpt1072/CRPT-115hrpt1072.pdf.
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The Department proposes to make conforming changes throughout 7 CFR
273.7(e)(1)(i), now redesignated as 7 CFR 273.7(e)(2)(i), to change
references from ``job search'' to ``supervised job search.''
The Department also proposes to modify regulations at 7 CFR
273.7(e)(1), now redesignated as 7 CFR 273.7(e)(2), to specify that
supervised job search and job search training programs provided through
an E&T program cannot alone count as qualifying activities relating to
the participation requirements necessary to maintain SNAP eligibility
for ABAWDs. However, the current regulations at 7 CFR 273.7(e)(1) allow
job search and job search training to count as qualifying activities
when offered as a part of other E&T components, as long as those job
search and job search training activities comprise less than half the
total required time spent in the components. As stated previously, the
Joint Explanatory Statement of the Committee of Conference states that
``unsupervised job search'' may be a ``subsidiary component'' for the
purposes of meeting a work requirement, so long as it comprises less
than half of the requirement. As a result, the Department proposes that
job search, whether it meets the definition of supervised job search or
not, when offered as part of other E&T components, should continue to
serve as an allowable way for ABAWDs to fulfill their work requirement,
so long as the job search activities comprise less than half the total
required time spent in the components. This change does not reflect a
change from existing policy; rather, it is only intended to include
supervised job search as a type of job search.
Current regulations at 7 CFR 273.7(c)(6)(i) require State agencies
to submit an E&T State Plan that provides details on the E&T components
the State agency plans to provide, including cost information. The Act
required State agencies to issue guidelines explaining how they intend
to implement supervised job search programs. As a result, the
Department proposes to modify regulations at 7 CFR 273.7(c)(6)(i) to
specify that a State agency planning to offer supervised job search
must include a summary of the guidelines established for supervised job
search in its annual E&T State plan. At a minimum, the guidelines would
need to specify: The locations of the State-approved sites; how they
were selected as State-approved locations; and how the supervised job
search component meets the statutory requirements to directly supervise
the activities of participants and track the timing and activities of
participants.
Lastly, the Department proposes to make an update to the statutory
citation in 7 CFR 273.7(e)(1), now redesignated as 7 CFR 273.7(e)(2),
to indicate that the section in the FNA referring to work programs for
ABAWDs is currently located in section 6(o)(1)(C). A similar change to
update the statutory citation is made in 7 CFR 273.7(e)(1)(i), now
redesignated as 7 CFR 273.7(e)(2)(i).
Employability Assessments
Current regulations at Sec. 273.7(e)(1)(ii) permit the use of job
skills assessments as part of a job search training component in a
State's E&T program. The Act replaced job skills assessments in section
6(d)(4)(B)(i)(II) of the FNA with ``employability assessments.'' The
Department instructed State agencies in the March 6, 2019,
Informational Memorandum on Farm Bill E&T that they must implement
employability assessments in compliance with the new statutory
requirements for FY 2020. The Department now proposes to incorporate
this change into the regulations by modifying 7 CFR 273.7(e)(1)(ii),
now redesignated as 7 CFR 273.7(e)(2)(ii), to remove the reference to
job skills assessments and replace it with employability assessments.
The Department notes that employability assessments are more
comprehensive and provide a more in-depth assessment than job skills
assessments. Employability assessments should help determine an
individual's readiness for employment, which includes assessing a set
of cross-cutting skills such as, applied academic, interpersonal,
critical thinking, and communication skills, as well as barriers to
work. Job skills assessments determine whether an individual has the
skills appropriate for a specific job and may be one piece of an
employability assessment. The information collected through
employability assessments should be used, together with ongoing case
management, to improve and individualize services to E&T participants,
including matching them to appropriate components and identifying
appropriate participant reimbursements that are reasonable and
necessary for participation in an E&T component.
Removal of Job Finding Clubs
Current regulations at 7 CFR 273.7(e)(1)(ii) include job finding
clubs as an allowable activity under the job search training component.
The Act modified the job search training component in section
6(d)(4)(B)(i)(II) of the FNA to remove job finding clubs from the list
of activities that can be included in a job search training program.
The Department instructed State agencies in the March 6, 2019,
Informational Memorandum on Farm Bill E&T that they must not include
job finding clubs in their FY 2020 E&T programs. The Department now
proposes to modify the regulation at 7 CFR 273.7(e)(1)(ii), now
redesignated as 7 CFR 273.7(e)(2)(ii), to remove job finding clubs as
an activity under the job search training component. The proposed
regulation would state that a job search training program ``may consist
of employability assessments, training in techniques to increase
employability, job placement services, or other direct training or
support activities, including educational programs determined by the
State agency to expand the job search abilities or employability of
those subject to the program.''
The Department would like to clarify that State agencies have broad
flexibility in the design of their job search training component and
the specific activities that may be included in such a component. While
job finding clubs are specifically eliminated as an allowable activity,
other activities that increase the employability of participants are
still permitted, such as State facilitated peer-to-peer learning
opportunities or offering job search trainings in a group format, if
the State agency determines such activities will expand the job search
capabilities or employability of E&T participants.
Job Retention
Current regulations at 7 CFR 273.7(e)(1)(viii) allow job retention
services as an allowable E&T component. These regulations explain
[[Page 15308]]
that State agencies offering this component must provide no more than
90 days of job retention services. The Act modified the job retention
E&T component in section 6(d)(4)(B)(i)(VII) of the FNA to require that
State agencies choosing to provide job retention services must offer a
minimum of 30 days of services, but did not modify the existing 90 day
statutory maximum for the receipt of job retention services. The
Department instructed State agencies in the March 6, 2019,
Informational Memorandum on Farm Bill E&T that any job retention
services must be implemented in compliance with the new statutory
requirements in FY 2020. The Department now proposes to modify the
current regulations at 7 CFR 273.7(e)(2)(viii), as redesignated, to add
a 30-day minimum for the receipt of job retention services. The
proposed regulation would state that job retention services must be
provided for a minimum of 30 days and no more than 90 days.
For State agencies choosing to offer job retention services,
providing at least 30 days of services ensures participants are
supported during a period of time when they are most vulnerable. When
individuals begin employment, they may need to make many adjustments in
their lives, such as arranging day care, using new modes of
transportation, or navigating the new work culture. Providing job
retention services for these first few weeks would help facilitate the
transition to employment and improve their long-term attachment to
work. However, the Department understands that, for many reasons, it
may be difficult for State agencies to maintain job retention services
for a full 30 days due to circumstances outside of their control. For
instance, a State agency may plan to provide 90 days of job retention
services to a participant, but the participant becomes unreachable
after 14 days, making the continued provision of job retention services
unachievable.
Given the importance of providing job retention services during the
first few weeks of a new job, and the change in the statutory
requirements, the Department proposes that State agencies offering this
E&T component must make a good faith effort to provide job retention
services for a minimum of 30 days to all job retention program
participants. The Department proposes that this good faith effort
should include, at a minimum, communicating the 30 day minimum to all
job retention participants at enrollment in job retention services, and
creating a case management plan for each job retention program
participant that extends at least 30 days (and no more than 90 days).
If a State agency demonstrates a good faith effort to provide job
retention services for at least 30 days to a participant, the
Department proposes that the activities supporting the good faith
effort would satisfy the 30-day minimum requirement.
E&T Pilot Activities
The Act provided the Secretary with discretion to allow programs
and activities from the E&T pilots authorized under the Agricultural
Act of 2014 (Pub. L. 113-79) (2014 Farm Bill) as regular E&T components
in section 6(d)(4)(B)(i)(VIII). The Act specified that this
determination must be based on the results from the independent
evaluation of the 2014 Farm Bill E&T pilots showing which programs and
activities have the most demonstrable impact on the ability of
participants to find and retain employment that leads to increased
household income and reduced reliance on public assistance. As a
result, the Department proposes adding similar language to the
regulations in a new paragraph at 7 CFR 273.7(e)(2)(ix) to create a new
E&T component category. The Department would note that the independent
evaluation of the 2014 Farm Bill E&T pilots is not yet completed; as a
result, the Department is not yet able to specifically identify new E&T
components from the 2014 Farm Bill E&T pilots.
Subsidized Employment and Apprenticeships
Current regulations at 7 CFR 273.7(e)(1)(iv) describe a work
experience program as a program designed to improve the employability
of household members through actual work experience or training, or
both, and to enable individuals employed or trained under such programs
to move promptly into regular public or private employment. The Act
added subsidized employment and apprenticeship in section
6(d)(4)(B)(i)(IV) of the FNA as examples of allowable activities under
a program designed to improve the employability of individuals through
actual work experience or training (i.e., a work experience program).
The Department instructed State agencies in the March 6, 2019,
Informational Memorandum on Farm Bill E&T that they may offer
apprenticeships in FY 2020. The Department now proposes to modify the
regulation at 7 CFR 273.7(e)(1)(iv), now redesignated as 7 CFR
273.7(e)(2)(iv), to convey the types of activities allowable as part of
a SNAP E&T work experience component. The Department also proposes
amending 7 CFR 273.7(d)(1)(ii)(A) to allow E&T funds to be used to
subsidize the wages of E&T participants.
To implement the changes made by the Act, the Department proposes
several changes to the regulations at 7 CFR 273.7(e)(1)(iv), now
redesignated as 7 CFR 273.7(e)(2)(iv). The changes would better align
the definition of a work experience program and activities with other
Federal workforce development programs, and would delineate work
experience programs into two sets of activities--work activities and
work-based learning. First, the Department proposes incorporating the
Department of Labor's definition of work experience under WIOA into the
E&T definition of work experience. Department of Labor regulations at
20 CFR 680.180 define work experience as a planned, structured learning
experience that takes place in a workplace for a limited period of
time. Second, the Department proposes to delineate the two sets of work
experience program activities noted above: Work activity and work-based
learning. In defining a work activity, the Department proposes to
incorporate part of the definition of a work experience program from
the Temporary Assistance for Needy Families (TANF) program (see 45 CFR
261.2), as the Department considers this part of the TANF definition of
work experience to be comparable to a work activity in E&T. According
to this new E&T definition, a work activity that is performed in
exchange for SNAP benefits would provide the individual with an
opportunity to acquire the general skills, knowledge, and work habits
necessary to obtain employment. The purpose is to improve the
employability of those who cannot find unsubsidized full-time
employment. The Department's goal in adopting these definitions is to
align E&T programs with programs offered through other partners, so as
to streamline service delivery across programs, better facilitating
State agencies' delivery of their E&T programs through their statewide
workforce development systems to the greatest extent possible.
Third, the Department proposes to use the definition of work-based
learning included in Perkins V (Pub. L. 115-224). Perkins V defines the
term ``work-based learning'' as ``sustained interactions with industry
or community professionals in real workplace settings, to the extent
practicable, or simulated environments at an educational institution
that foster in-depth, firsthand engagement with the tasks required in a
given career field, that are aligned to curriculum and instruction''
(20 U.S.C.
[[Page 15309]]
2302). Among other activities, work-based learning includes
apprenticeships and subsidized employment, which were specifically
added by the Act, and may also include instruction in a classroom
setting. Work-based learning emphasizes employer engagement, includes
specific training objectives, and is expected to lead to regular
employment. Because most SNAP participants cannot afford to leave the
labor market while they increase their skills, paid work-based learning
can be a useful strategy to help them gain skills while also meeting
their immediate need to earn income. Ideally, work-based learning
should lead to the attainment of industry-recognized certificates or
credentials, and should be explicitly linked to increased earnings.
Examples of work-based learning models include, but are not limited to,
internships, apprenticeships, pre-apprenticeships, customized training,
transitional jobs, incumbent worker training, and on-the-job training.
While paid work based learning can be useful, as noted, work based
learning can include both subsidized and unsubsidized employment
models. The Department also proposes to make a conforming change to
existing 7 CFR 273.7(d)(1)(ii)(A) to strike language that E&T funds
cannot be used to subsidize the wages of participants, since subsidized
employment is an allowable E&T work experience program activity.
Work-based learning is a workforce development best practice, and
work-based learning programs are increasingly available through States'
statewide workforce development systems. The Department strongly
encourages State agencies interested in incorporating work-based
learning activities into their E&T programs to work with their State
Departments of Labor, American Job Centers, Perkins Career and
Technical Education (CTE) providers, and other stakeholders, such as
community colleges and community-based organizations, to capitalize on
existing work-based learning infrastructure and services. State
agencies choosing to include work-based learning as part of their E&T
programs should ensure that the activities are implemented in a manner
that is consistent with applicable Federal requirements and
regulations.
When designing work-based learning activities as part of an E&T
program, State agencies should be cognizant of the fact that section
5(d) of the FNA requires that, for the purposes of determining
eligibility, household income must include all income from any source,
including subsidized wages earned through E&T, that is not otherwise
excluded in the FNA or any other Federal statute. FNS is not aware of
any existing laws that would allow income from subsidized employment to
be excluded when determining eligibility for SNAP. The State agency
should consider and, as a best practice, advise participants of whether
earnings from a work-based learning activity under an E&T program could
potentially decrease the amount of SNAP benefits they receive or make
their household ineligible for SNAP, and by extension, E&T, depending
on their circumstances.
The Department would note that, in accordance with section
6(d)(4)(B)(i)(IV)(aa) and (bb) of the FNA and 7 CFR 273.7(e)(1)(iv)(A)
and (B), redesignated as 7 CFR 273.7(e)(2)(iv)(B)(1) and (2), a work
experience component must be consistent with the Fair Labor Standards
Act (FLSA), should not replace an existing employee or position, and
should provide participants with the same benefits and opportunities as
anyone else doing a substantially similar job.
WIOA Programs
Current regulations at 7 CFR 273.7(e)(1)(v) describe the following
E&T component: ``a project, program or experiment such as a supported
work program, or a WIA [Workforce Investment Act] or State or local
program aimed at accomplishing the purpose of the E&T program.'' While
the Act did not address this provision, the Department would like to
use this rule-making opportunity to clarify in the regulations the
relationship between WIA (the predecessor to WIOA), or State or local
programs, and the E&T program. The Department notes that ``WIA or State
or local program'' has never been listed as a separate component in the
FNA, but that the Department originally included ``WIA or State or
local program'' as a separate component in the regulations to signal
that these programs can be included in a State's E&T program. With the
changes made by the Act to include subsidized employment and
apprenticeships as allowable activities in E&T programs, all activities
operated under WIOA are now allowable within other E&T components.
Similarly, any services offered by the State agency or through State or
local programs can be included in one of the other E&T components. The
Department has found that listing ``WIOA or State or local program'' as
its own separate component category in the regulations implies that
State agencies should not use the other more descriptive component
categories when they report on WIOA, or State or local programs in
their E&T programs. The Department has provided guidance to State
agencies about using other more descriptive E&T component categories,
but is now proposing to codify this as a regulatory requirement by
removing the reference to WIA. Therefore, the Department proposes to
strike ``or a WIA or State or local program'' from the regulatory
language at 7 CFR 273.7(e)(2)(v), as now redesignated. It is important
to note that, in proposing this change, the Department is not intending
to convey that programs operated under WIOA would be unallowable as E&T
activities, in fact, all would be allowable and coordination would be
encouraged.
Case Management
Current regulations at 7 CFR 273.7(c)(4) establish the requirement
that each State agency must design and operate an E&T program that must
consist of one or more E&T components as described in 7 CFR
273.7(e)(1). The Act modified the definition of an E&T program in
section 6(d)(4)(B)(i) of the FNA to require that each State E&T program
must also provide case management services, such as comprehensive
intake assessments, individualized service plans, progress monitoring,
or coordination with service providers, in addition to at least one E&T
component. The Department instructed State agencies in the March 6,
2019, Informational Memorandum on Farm Bill E&T that they must offer
case management to all E&T participants in FY 2020. The Department now
proposes to modify the regulation at 7 CFR 273.7(c)(4) to add that
State agencies must offer case management services as part of their E&T
programs. The Department also proposes to modify the regulations at 7
CFR 273.7(e) to add a new paragraph (e)(1), stating that case
management services are a required part of all State E&T programs, and
to provide examples from the Act of case management services. In
addition, the Department proposes various changes to the definitions in
7 CFR 271.2 to reflect the inclusion of case management services in the
E&T program.
The Department believes that, in order to best move SNAP
participants toward self-sufficiency, State agencies should connect E&T
participants to programs and activities that best meet their employment
needs, while supporting participants as they overcome challenges to E&T
program completion and employment success. The provision of case
management services is an opportunity for State agencies to increase
their accountability to E&T participants by expanding their use of
tools and resources to ensure all
[[Page 15310]]
E&T participants are successfully supported as they move through an E&T
program. The Department recognizes that State agencies may have many
approaches to offering case management, depending on resources and the
structure of the E&T program in the State. State agencies may also
adopt different modes for the delivery of these services (e.g.,
virtual, over the telephone, in-person, or hybrid approaches) and may
employ different staffing arrangements for case managers (e.g., State
agency staff, community-based organizations, or contractors). No matter
the approach, the Department encourages State agencies to provide case
management services that ensure individuals are assessed and placed in
appropriate activities, and are provided the individualized and on-
going guidance and support they need in order to be successful. The
Department also encourages State agencies to provide case management
services that are aligned with best practices in workforce development
and human services.
While the Department proposes that State agencies have flexibility
in the types of case management services offered, the provision of case
management services should generally be consistent with the examples
provided in the Act, and the State agency should be able to demonstrate
how the case management service is supporting an individual to
successfully participate in E&T. As stated in the Joint Explanatory
Statement (Conf. Rept. 115-1072, p. 617), the requirement for case
management services is not intended to be an impediment to the State
agency nor to the E&T participant. As a result, the Department is
proposing regulatory language at 7 CFR 273.7(e)(1), stating that the
provision of case management services must not be an impediment to the
participant's successful participation in E&T. Similarly, the
Department stands ready to offer technical assistance to State agencies
to assist in developing case management services that align with State
agency priorities, resources, the needs of local participants, and best
practices, while meeting the Act's requirement to provide these
services to all E&T participants.
In accordance with the Act, the Department also proposes that State
agencies must provide all E&T participants with case management
services, along with at least one E&T component. The Department
proposes that the type and frequency of case management services
provided to E&T participants may vary by E&T participant, depending on
the needs of the E&T participant, and resources of the State agency,
and the entities providing case management services (e.g., State Agency
office, community-based organizations, contractor, etc.) within the
State. As a best practice, the Department notes that case management
should be an ongoing activity that must enhance the participant's
ability to participate and complete the E&T component to which they are
assigned. Case management should not be limited to initial intake
activities and should occur as the E&T participant progresses through
the E&T program. As such, case management should be tailored to the
needs of the individual, and be adaptable to the individual's changing
support requirements.
Since case management services are now a required part of all E&T
programs, and because Congress requested in the Joint Explanatory
Statement to include case management in E&T State plans (Conf. Rept.
115-1072, p. 617), the Department proposes to also require State
agencies to include a description of the case management services they
intend to offer as part of their E&T State plan. The Department
proposes in new 7 CFR 273.7(c)(6)(ii) that State agencies include
information about case management operations, including a description
of their case management services and models, the cost for providing
the services, how participants will be referred to case management, how
the participant's case will be managed, who will provide services, and
how the service providers will coordinate with E&T providers, the State
agency, and other community resources, as appropriate.
As a result of the requirement that all E&T participants receive
case management services, the Department also proposes adding or
updating several definitions related to E&T. First, the Department
proposes to update the definition of an Employment and Training (E&T)
program to indicate that E&T programs must consist of case management
and at least one E&T component. Second, the Department proposes to
revise the definition of an Employment and Training (E&T) mandatory
participant to update the statutory citation and to indicate these
individuals are required to participate in E&T. Third, the Department
proposes a definition of Employment and Training (E&T) voluntary
participant as a SNAP applicant or recipient who volunteers to
participate in an Employment and Training (E&T) program. Fourth, the
Department proposes to add the definition of an Employment and Training
(E&T) participant as an individual that meets the definition of either
a mandatory or voluntary E&T participant. Fifth, the Department
proposes to revise the definition of an Employment and Training (E&T)
component to update the statutory citation contained within the
definition. And sixth, the Department proposes to delete the definition
of Placed in an employment and training program as this terminology no
longer applies to the current structure of E&T programs.
To reconcile the new structure of E&T programs, to include both
case management and one or more E&T components, and to incorporate the
new E&T definitions within the current regulations, the Department
proposes the following regulatory changes. Title 7 CFR 273.7(c)(2)
would be simplified to indicate that when the State agency screens an
individual and determines it appropriate to require the individual to
participate in an E&T program, the State agency must refer that
individual to the E&T program, newly defined as consisting of case
management and at least one E&T component. This referral process may
vary from State to State and from participant to participant, but in
all cases, the E&T participant must receive both case management
services and at least one E&T component, and the State agency must
determine how a participant progresses through these required elements
of an E&T program. For example, the State agency could choose to first
refer individuals required to participate in E&T to case management
services, rather than refer them directly to an E&T component. The case
manager would then determine the most appropriate E&T component for the
E&T participant and make the referral to that component. In another
example, the State agency could refer the individual directly to an E&T
component, and the provider of that component would provide the case
management services. In other situations, the State agency could refer
the individual initially to both case management services and an E&T
component provided by separate entities.
The new proposed regulatory text would also more clearly make a
distinction between when the State agency determines an individual is
required to participate in E&T (i.e., the determination) and when an
individual is referred to E&T (i.e., the referral). While these two
steps may often occur closely in time, the Department would like to
clarify that it is at the point the State agency determines an
individual is required to participate in E&T that an individual becomes
a mandatory E&T participant. It is the State agency's
[[Page 15311]]
responsibility to ensure all mandatory E&T participants are referred to
the E&T program in a timely manner and that there is an appropriate and
available opening in the E&T program. If there is not an appropriate or
available opening in the E&T program for a mandatory participant, the
Department proposes that the State agency must determine that a
mandatory participant has good cause for failure to participate in an
E&T program and not sanction the participant, as discussed later in
this preamble in the section titled State agency accountability for
participation in an E&T Program and good cause.
The Department also proposes changes to 7 CFR 273.7(e)(4), as
redesignated, to indicate that, when a State agency determines the
maximum amount of time an E&T participant may spend in an E&T program,
the calculation must include time spent in case management in addition
to time spent in E&T components and workfare. Other conforming changes
include changes to 7 CFR 273.7(d)(4)(v) and (f)(6).
Referral of Individuals
Section 4005 of the Act added a new requirement for State agencies
regarding any E&T participant, not otherwise exempted from the work
requirement, who is determined by the operator of an E&T component to
be ill-suited to participate in that E&T program component. For
individuals determined to be ill-suited, the Act required the State
agency to do the following: (1) Refer the individual to an appropriate
E&T component; (2) refer the individual to an appropriate workforce
partnership, if available; (3) re-assess the individual's physical and
mental fitness; or (4) to the maximum extent practicable, coordinate
with other Federal, State, or local workforce or assistance programs to
identify work opportunities or assistance for the individual. During
this time, the State agency shall ensure that an individual undergoing
and complying with the process above shall not be found to have refused
without good cause to participate in an E&T program. This new
requirement was added at new section 6(d)(4)(O) of the FNA. The
Department proposes to codify this new requirement in a new paragraph
at 7 CFR 273.7(c)(18). The Department believes that this new provision
was intended by Congress to increase the accountability of State
agencies for their E&T programs, particularly when State agencies
require participation in E&T. While State agencies are already required
to develop State criteria to determine who should be required to
participate in E&T, State agencies often do not apply sufficient due
diligence to ensure the SNAP participants who are referred to the E&T
program have the capacity to benefit from that training, and that the
particular component to which they are referred matches the SNAP
participant's needs and skill level. Unfortunately, in these
situations, SNAP participants referred to an E&T program may fail to
benefit from the program, and ultimately could be disqualified for
failure to participate. This new provision strives to strengthen State
accountability for their E&T programs by requiring State agencies take
additional steps to ensure SNAP participants subject to this provision
receive the targeted help they need to move toward self-sufficiency.
The Department proposes several new processes to implement the
provision, as discussed below.
Consistent with section 4005 of the Act, the proposed regulation in
new 7 CFR 273.7(c)(18)(i) would provide the authority to the E&T
provider to determine if an individual referred to or participating in
an E&T component is ill-suited for that E&T component. For the purposes
of this provision, an E&T provider is understood as the provider of an
E&T component. While some E&T providers may provide other E&T services
like case management, only E&T providers that offer at least one E&T
component would have the authority to determine if an individual is
ill-suited to participate in that component. The proposed regulation
would also require the State agency to ensure E&T providers are
informed of their authority to determine what constitutes being ill-
suited for a particular E&T component. The Department believes that the
authority for determining if an individual is ill-suited for a
particular E&T component should rest primarily with the E&T provider of
that component as they generally set the criteria for who they serve in
their E&T program and are in the most appropriate position to determine
if a particular individual will be successful, given the requirements
of the program. However, the State agency still has the responsibility
to properly screen individuals for participation in an E&T program and
refer individuals to an appropriate component. The State agency would
also be responsible for overseeing the E&T provider and ensuring that
the ill-suited determinations that are made are reasonable and
nondiscriminatory. The Department proposes that E&T providers have the
authority to determine if an individual is ill-suited for an E&T
component from the time the individual is referred by the State agency
until the individual completes the component.
When a determination of ill-suited has been made, the proposed rule
in new 7 CFR 273.7(c)(18)(i)(A) would require the E&T provider to
notify the State agency as soon as possible. The State agency would be
expected to establish procedures, including system enhancements, with
their E&T providers to ensure this notification occurs promptly, so
that the State agency can notify the individual and determine
appropriate next steps for the individual with an ill-suited
determination (i.e., re-screening the individual for physical and
mental fitness; referring the individual to a different E&T component
or to a workforce partnership; or identifying other work opportunities
or assistance). The State agency may also proactively contact E&T
providers for information about any ill-suited determinations that have
occurred or may have occurred, but about which notification has not yet
been provided by the E&T provider to the State agency.
The Department also proposes that, when the E&T provider notifies
the State agency of an ill-suited determination for an individual, the
E&T provider also include the reason for the ill-suited determination.
Providing the reason would assist the State agency in determining the
most appropriate next step for such an individual. If an E&T provider
fails to notify the State agency of an ill-suited determination and/or
does not provide the reason, and the State agency learns in another way
of the ill-suited determination, perhaps from the SNAP participant or a
case manager, the State agency should follow-up with the E&T provider
to obtain this information. If the State agency is unable to obtain the
reason for the ill-suited determination from the E&T provider, the
State agency must continue to act on the ill-suited determination as
described later in this section and proposed for 7 CFR 273.7(c)(18)(i)
and (ii).
While the authority to determine if an individual is ill-suited for
a particular E&T component would rest with the E&T provider, State
agencies could engage in a discussion with E&T providers about the
factors that constitute ill-suited determinations for a particular E&T
component. As a best practice, State agencies should be consistently
working with their E&T providers to understand the characteristics of
individuals who would be most successful in their programs so that, to
the maximum extent practicable, the State agency
[[Page 15312]]
could make appropriate referrals and reduce the number of individuals
who are referred to E&T components for which they are ill-suited. In
particular, this information could be used by the State agency when
screening individuals to determine if it is appropriate to refer them
to an E&T program and, if it is appropriate, the information could be
used to assist the State agency, including case managers, in referring
individuals to the specific E&T component where they would most likely
be successful. State agencies might consider incorporating information
they glean from E&T providers about factors that are most likely to
signal success in an E&T component into more specific State agency
criteria to be used when determining if an individual should be
required to participate in E&T. The Department stresses that it is the
responsibility of the State agency to do a thorough screening of
individuals to determine if the individual is exempt from the general
work requirement or if it is appropriate to refer them to an E&T
program or particular E&T component. It is not the E&T provider's
responsibility to determine if an individual is exempt from the general
work requirements or meets State criteria for referral to an E&T
program or specific component. However, the Department would also like
to note that nothing precludes the E&T provider from communicating with
the State agency to aid the State agency in its determination of
whether an individual is exempt from the general work requirements.
Once the State agency receives a notification from the E&T provider
that an individual has been determined ill-suited for an E&T component,
proposed 7 CFR 273.7(c)(18)(i)(A) would require the State agency to
send as soon as possible a Notice of E&T Participation Change (NETPC)
to the household member. The NETPC should inform the individual of the
ill-suited determination. If the individual with the ill-suited
determination is an ABAWD, the NETPC should also explain that,
regardless of the ill-suited determination, the ABAWD would begin to
accrue countable months toward their 3-month participation time limit
as of the date of the notice unless the ABAWD fulfills the work
requirement in accordance with 7 CFR 273.24. Lastly, the NETPC should
provide contact information for the E&T program. The Department seeks
comments regarding if and how the Department should more specifically
regulate the timing of this notice, and any additional information the
Department should include in the final regulations regarding
information printed in the NETPC. The Department also seeks comments on
any additional language the Department should include in the final rule
addressing required actions the State agency would be expected to take
following the notice being sent, including if the final rule should
specify when the State agency would be expected to take one of the four
actions described below (e.g., within 30 days, at the next
recertification, etc.), and how to ensure an individual with an ill-
suited determination is moved into a more suitable activity as soon as
reasonably possible.
In accordance with the Act, the proposed rule would also require
the State agency, in proposed 7 CFR 273.7(c)(18)(i)(B), to take the
most appropriate of the following four actions for an individual who
has been determined ill-suited and is not exempt from the general work
requirement: (1) Refer the individual to an appropriate E&T program
component; (2) refer the individual to an appropriate workforce
partnership, if available; (3) reassess the physical and mental fitness
of the individual; or (4) coordinate, to the maximum extent
practicable, with other Federal, State, and local workforce or
assistance programs to identify work opportunities or assistance for
the individual. Additional information about each of these actions is
provided below. The Department also notes that decisions about the most
appropriate of the four actions to take for an individual with an ill-
suited determination is an eligibility function; however, eligibility
staff making this decision may consult with E&T case managers and E&T
providers to gather important E&T case information about the individual
with an ill-suited determination to inform their decision.
A State agency may choose to refer the just determined ill-suited
individual to a more appropriate E&T program component. However, before
a State agency refers an individual to an appropriate E&T program
component, the proposed rule at 7 CFR 273.7(c)(18)(i)(B)(1) would
require the State agency to screen the individual in accordance with
the existing regulation at 7 CFR 273.7(c)(2) to determine if the
individual meets State agency criteria for participation in the E&T
program. The requirement applies even when individuals were previously
screened, as their circumstances may have changed. If appropriate, the
State agency should then refer the individual to an E&T program
component, and case management according to the State's E&T procedures.
If the individual does not meet State agency criteria for participation
in the E&T program, the individual should not be required to
participate in the E&T program. The Department also recognizes that
there may be circumstances where an individual seemingly meets State
agency criteria for participation in E&T, but identification of other
work opportunities or assistance (i.e., the fourth available action
under this provision) or informing the individual about voluntary
participation in a workforce partnership (i.e., the second available
action under this provision) would be more appropriate for the
individual. In this situation, the Department would encourage State
agencies to consider exempting the individual from E&T, as permitted by
section 6(d)(4)(D) of the FNA and 7 CFR 273.7(e)(2) (redesignated as
Sec. 273.7(e)(3)), identifying other work opportunities or assistance,
or informing the individuals about voluntary workforce partnerships.
The Department proposes these clarifications to ensure that an
individual who has already been found ill-suited for one E&T component
is not cycled through additional E&T components that may also not
provide the appropriate foundation to move the individual toward self-
sufficiency. The Department also believes this approach would allow the
State agency to best match limited E&T resources with participants of
suitable backgrounds and career interests, and reduce the confusion
that multiple unsuccessful E&T referrals can create for individuals
with significant barriers to employment.
If the State agency has one or more workforce partnerships
available in the State, the State agency could choose to refer an
individual, if appropriate, to a workforce partnership. As proposed, 7
CFR 273.7(c)(18)(i)(B)(2) explains how the State agency would need to
ensure the workforce partnership meets the requirements in proposed 7
CFR 273.7(n), and that the referral be conducted in accordance with
these requirements. In particular, and in accordance with the Act, the
proposed regulation at 7 CFR 273.7(n)(9) states that no individual can
be required to participate in a workforce partnership. Pursuant to
these requirements, the Department proposes that before an individual
is referred to a workforce partnership, the State agency would first
need to provide information to assist the individual in making an
informed decision about participation in the workforce partnership. If
the individual determines he or she would like to
[[Page 15313]]
participate, the State agency would make the referral to the workforce
partnership. If the individual determines he or she would not like to
participate in the workforce partnership, then the State agency would
need to consider one of the other three actions available in this
section. Lastly, the Department proposes in 7 CFR 273.7(n)(6) that
individuals subject to mandatory E&T requirements, who choose to
participate in a workforce partnership, would need to be considered by
the State agency to be fulfilling the mandatory E&T requirement.
The third action available to the State agency when deciding next
steps for an individual who has been found ill-suited would be to
reassess the physical and mental fitness of the individual, as proposed
in 7 CFR 273.7(c)(18)(i)(B)(3). The Department proposes that this
reassessment could be part of a broader reassessment of any exemptions
from the general work requirement in existing regulations at 7 CFR
273.7(b). If an individual is not found physically or mentally fit, the
individual should be exempted from the general work requirement. If the
individual is found mentally and physically fit, and the State agency
determines the individual is not otherwise exempt from the general work
requirements, the State agency would be expected to consider one of the
other available actions in this provision that would most likely lead
to increased self-sufficiency for the individual.
The fourth action available to the State agency would be to
coordinate with other Federal, State, or local workforce or assistance
programs to identify work opportunities or assistance for the
individual, as proposed in 7 CFR 273.7(c)(18)(i)(B)(4). The Department
proposes that the State agency have broad discretion in identifying
other workforce or assistance programs that would provide the most
appropriate services to the individual to move them toward self-
sufficiency, including tribal workforce or assistance programs, with
the qualification that these other programs are not included in the E&T
State plan. Likewise, since the other work opportunities or assistance
programs identified in 7 CFR 273.7(c)(18)(i)(B)(4) are not SNAP E&T
programs, the State agency cannot require an individual to participate
in programs under 7 CFR 273.7(c)(18)(i)(B)(4) as a way to fulfill their
mandatory E&T participation requirement, nor would participation in
such a program fulfill the individual E&T requirement. If the State
agency determines it is appropriate to require an individual to
participate in SNAP E&T, the State agency should refer the individual
to an E&T program in accordance with 7 CFR 273.7(c)(18)(i)(B)(1) or, at
the option of the individual, to a workforce partnership in accordance
with 7 CFR 273.7(c)(18)(i)(B)(2). As stated previously, the State
agency should strongly consider whether it would be appropriate to
require an individual to participate in a new E&T component, if that
individual has already been found ill-suited for a previous E&T
component. Exempting the individual from E&T and identifying well-
targeted programs under 7 CFR 273.7(c)(18)(i)(B)(4) could better
prepare an individual to overcome barriers to training and employment
in some circumstances than referral to another E&T component. In
addition, while the Department proposes that State agencies have broad
discretion in identifying other work opportunities or assistance
programs, there would need to be a connection between these other
programs and the workforce needs and interests of the individual.
The Act also requires that individuals undergoing and complying
with the ill-suited process shall not be found to have refused without
good cause to participate in an E&T program. As such, the Department
proposes in new 7 CFR 273.7(c)(18)(ii) that, from the time an E&T
provider determines an individual is ill-suited for an E&T component
until after the State agency takes one of the four actions in 7 CFR
273.7(c)(18)(i)(B), the individual would not be found to have refused
without good cause to participate in an E&T program. In other words,
the individual cannot be disqualified for failure to comply with
mandatory E&T from the time the individual is determined to be ill-
suited until after the State agency takes one of the four actions in 7
CFR 273.7(c)(18)(i)(B) and the individual subsequently refuses or fails
to comply without good cause. On the other hand, regardless of the
process described above, from the time an E&T provider makes an ill-
suited determination, an ABAWD would continue to accrue countable
months toward their 3-month participation time limit unless the ABAWD
fulfills the work requirement in accordance with 7 CFR 273.24.
The Department is also proposing revisions to other paragraphs in 7
CFR 273.7 to conform with the requirements of the ill-suited process
described in proposed 7 CFR 273.7(c)(18)(i) and (ii). The Department
proposes to add language to existing 7 CFR 273.7(c)(3) and (e) to
indicate that mandatory E&T participants who are determined ill-suited
shall not be found to have refused without good cause to comply with a
mandatory E&T program from the time an E&T provider determines an
individual is ill-suited for an E&T component until after the State
agency takes one of the four actions in 7 CFR 273.7(c)(18)(i)(B).
At several points in this section, the Department has proposed how
the ill-suited determination and subsequent State actions specifically
affect mandatory E&T participants. The Department notes that all the
regulatory measures discussed in this section also apply to voluntary
E&T participants who are not exempt from the general work requirements,
unless otherwise specified. For example, the Department would require
State agencies to work with their E&T providers to ensure E&T providers
notify the State agency when voluntary E&T participants are determined
ill-suited for an E&T component, and that the State agency would send
voluntary E&T participants a NETPC in accordance with the proposed
regulations and take the most appropriate action among the four
available State options. As a reminder, voluntary E&T participants are
not subject to disqualification for refusal or failure to participate
in E&T, in accordance with current 7 CFR 273.7(e)(4)(ii), redesignated
as 7 CFR 273.7(e)(5)(ii).
State Agency Accountability for Participation in an E&T Program and
Good Cause
The Act introduced several new provisions that emphasize State
agencies' responsibilities to build E&T programs that are well-targeted
to E&T participants' needs and support E&T participants as they engage
with those programs. Two of those provisions in particular--referral of
individuals with an ill-suited determination and the requirement to
provide case management--highlight the State agency's responsibility to
provide on-going services and support to all SNAP recipients in E&T,
and to ensure that those recipients are matched to services for which
they are well-suited. While it has long been the State agency's
responsibility to appropriately screen individuals for work exemptions
and exemptions from mandatory E&T, to determine if it is appropriate to
refer them to an E&T program, and to provide a real opportunity for
mandatory E&T participants to meet their E&T requirement, changes made
to E&T by the Act strengthen these requirements and State agency
accountability.
To be clear, the Department does not believe the new authority of
E&T
[[Page 15314]]
providers to determine if an individual is ill-suited for their E&T
component, as provided for by the Act, and the addition of case
management as a required service for all E&T participants absolves the
State agency from doing a thorough initial screening to ensure it is
appropriate to require an individual to participate in an E&T program.
Existing statutory and regulatory language clearly indicate that the
State agency has primary responsibility for the design and operation of
their E&T program, which may include agreements with one or more E&T
providers who may provide case management, E&T components, or other
activities as outlined in the E&T State plan. While State agencies may
choose the method of delivery that best meets their operational needs,
the Department emphasizes the State agency retains responsibility for
their E&T program. For example, if the State agency were to require an
individual to participate in an E&T program when in fact it was not
appropriate to do so, the State agency has the responsibility to take
the appropriate action when the State agency later learns the
individual was ill-suited for an E&T component or the individual should
not have been required to participate in E&T because they meet an
exemption from mandatory E&T. In fact, the State agency could obtain
new information at several points in the process after the State agency
makes the determination to require an individual to participate in E&T,
but before or shortly after the individual actually engages with an E&T
component. For example, a State agency may determine an individual is a
mandatory E&T participant and refer that individual to an E&T case
manager (e.g., a State agency staff, a community based organization, or
a contractor) who conducts an intake and assessment to determine which
E&T component is an appropriate fit for the individual. If during this
process, it is discovered that the participant in fact meets a
criterion for exemption from the mandatory E&T program, the Department
proposes the E&T case manager must inform State agency eligibility
staff and, if the State agency determines the participant does in fact
meet an exemption, the individual would then be exempted from mandatory
E&T by the State agency. The Department proposes in 7 CFR 273.7(e)(1),
as redesignated, to add the requirement that E&T case managers must
inform the appropriate staff within the State agency regarding possible
mandatory E&T exemptions for a mandatory E&T participant receiving
their case management services. The State agency would then determine
if an exemption in fact exists, and exempt the individual from
mandatory E&T, if appropriate. Similarly, if an E&T provider of an E&T
component determines an individual is ill-suited for the E&T component,
the State agency must determine the appropriate next step for the
individual, as discussed in the previous section of the Preamble and in
proposed 7 CFR 273.7(c)(18)(i).
The Department also believes that it is the State agency's
responsibility to build an E&T program that can accommodates all
mandatory E&T participants. In situations where there is not an
appropriate and available opening for a mandatory E&T participant in
the E&T program, the Department does not believe that the mandatory E&T
participant should be disqualified for failing to comply with the E&T
requirement, as the lack of an appropriate and available opening in an
E&T program is beyond the E&T participant's control. As a result, the
Department proposes adding to the definition of good cause to encompass
such circumstances, so that the individual will not be disqualified for
refusal or failure to comply with the mandatory E&T requirement. The
Department proposes that the period of good cause would extend until
the State agency identifies an appropriate and available opening in the
E&T program, and the State agency informs the SNAP participant of such
an opening. Ideally, if there is not an appropriate and available
opening in the E&T program, the State agency should exempt the
individual from mandatory E&T under the discretion provided to State
agencies in 7 CFR 273.7(e)(2), redesignated as 7 CFR 273.7(e)(3).
However, in the absence of such a State agency exemption, if an
individual is required to participate in E&T and there is no
appropriate and available opening in an E&T program for the mandatory
E&T participant, the Department now further proposes that the State
agency must determine that the failure to participate in E&T was with
good cause. In situations where it is the E&T case manager who is
unable to identify an appropriate and available opening in an E&T
component, the Department proposes that the E&T case manager must
provide this information to the appropriate State agency staff with the
authority to make the determination regarding good cause.
Alternatively, at this point, the State agency could determine that it
is no longer appropriate to require participation, and exempt the
individual from participation in E&T.
To codify this new criteria for good cause, the Department proposes
to add new Sec. 273.7(i)(4) to define good cause to include
circumstances where the State agency determines that there is no
appropriate and available opening in the E&T program to accommodate a
mandatory E&T participant. In addition, the Department proposes in 7
CFR 273.7(c)(2) that, if there is not an appropriate and available
opening in an E&T program for a mandatory participant, the State agency
must determine the participant has good cause for failure to comply
with the mandatory E&T requirement in accordance with 7 CFR
273.7(i)(4). The Department also proposes in 7 CFR 273.7(e)(1), as
redesignated, that case managers must inform the appropriate staff in
the State agency if they are unable to identify an appropriate and
available E&T component for a mandatory E&T participant. The Department
would provide oversight, under existing authority, including management
evaluations and review of E&T State plans, to determine if State
agencies with mandatory E&T programs are operating programs with an
appropriate and sufficient number of openings, and would provide
ongoing technical assistance to State agencies to assist those facing
challenges in appropriately serving all mandatory participants through
effective E&T programs.
The Department notes that this proposed new form of good cause
would only apply to mandatory E&T participants, and would not provide
all ABAWDs with good cause for failure to fulfill the ABAWD work
requirement in 7 CFR 273.24. As provided in Supplemental Nutrition
Assistance Program--ABAWD Time Limit Policy and Program Access
published on November 19, 2015,\2\ when good cause is provided for
failure to comply with mandatory SNAP E&T (7 CFR 273.7(a)(ii)) or
State-assigned workfare (7 CFR 273.7(a)(iii)) under good cause for the
general work requirement at 7 CFR 273.7(i), the State agency must also
provide good cause under 7 CFR 273.24(b)(2) for the ABAWD work
requirement. However, while this longstanding policy provided a way to
provide good cause for ABAWDs who were assigned to a mandatory E&T
program or State-assigned workfare to meet their ABAWD work
requirement, it has not provided a way to provide good cause for ABAWDs
participating in
[[Page 15315]]
other work programs or other types of workfare programs.
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\2\ https://fns-prod.azureedge.net/sites/default/files/resource-files/ABAWD-Time-Limit-Policy-and-Program-Access-Memo-Nov2015.pdf.
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Therefore, the Department proposes taking this opportunity to
codify two changes to the good cause regulation at 7 CFR 273.24(b)(2).
First, as determined by the State agency, if an ABAWD is participating
in work, a work program, or workfare, and would have fulfilled the
ABAWD work requirement in 7 CFR 273.24, but missed some hours for good
cause, the individual shall be considered to have fulfilled the ABAWD
work requirement if the absence from work, the work program, or
workfare is temporary and the individual retains his or her job,
training or workfare slot. This proposed change codifies longstanding
policy allowing State agencies to provide good cause to ABAWDS who
failed to meet their ABAWD work requirement through mandatory E&T or
State-assigned workfare. In addition, the proposed change allows State
agencies to provide good cause to ABAWDs participating in other work
programs or other types of workfare programs. The Department is
proposing this change so that State agencies can apply fair and
consistent treatment to ABAWDs who have good cause, regardless of how
the ABAWD chooses to meet the ABAWD work requirement. Second, if an
individual is determined to have good cause for failure or refusal to
comply with mandatory E&T under 7 CFR 273.7(i), the State agency would
be required to provide good cause for failure to meet the ABAWD work
requirement without having to make a separate good cause determination.
However, the Department would also specify that an ABAWD who is
provided good cause under the proposed 7 CFR 273.7(i)(4) for failure to
participate in mandatory E&T, due to the lack of an appropriate and
available opening in SNAP E&T, would not be provided good cause for
failure to fulfill the ABAWD work requirement. There are many ways to
fulfill the ABAWD work requirement other than through SNAP E&T. The
lack of an appropriate or available opening in a SNAP E&T program would
not prevent the ABAWD from fulfilling the ABAWD work requirement in
another way.
The Department has also noted a discrepancy in the process for
establishing good cause and issuing a notice of adverse action between
current 7 CFR 273.7(c)(3) and (f)(1)(i). Current language at 7 CFR
273.7(c)(3) does not include the requirement for a State agency to
first establish that non-compliance with the SNAP work requirement was
without good cause before sending the notice of adverse action. On the
other hand, the requirement to first establish good cause is present in
current 7 CFR 273.7(f)(1)(i). The Department believes the paragraphs
should be consistent with one another and is taking this opportunity to
propose revising the language in 7 CFR 273.7(c)(3) to clarify that
before a State agency issues a notice of adverse action to an
individual or a household, if appropriate, for non-compliance with SNAP
work requirements, the State agency must determine that the non-
compliance was without good cause. This proposed clarification would
provide consistent instruction to State agencies regarding the
necessity of establishing that non-compliance was without good cause
before issuing a notice of adverse action.
Improving Accountability in State Agency Quarterly Reports
Current regulations at 7 CFR 273.7(c)(9), (10), and (11) require
State agencies to submit quarterly E&T Program Activity Reports. Title
7 CFR 273.7(c)(11) specifies that the fourth quarter report provide a
list of all the E&T components offered during the fiscal year, as well
as the number of ABAWDs and non-ABAWDs who began participation in each.
The report must also provide the number of ABAWDs and non-ABAWDs who
participated in the E&T program during the fiscal year. The Department
is committed to ensuring that State agencies are providing mandatory
E&T participants with real opportunities to gain skills and appropriate
services that help them be successful. Therefore, the Department
proposes adding additional reporting elements to this fourth quarter
report: the unduplicated number of SNAP participants required to
participate in an E&T program during the fiscal year and, of those, the
number who actually begin to participate in an E&T program. An E&T
participant begins to participate in an E&T program when the
participant commences at least one part of an E&T program, including an
orientation, assessment, case management, or a component. The
Department proposes to codify this new requirement by inserting a new
paragraph at 7 CFR 273.7(c)(11)(iii).
Workforce Partnerships
The Act established workforce partnerships as a new way for SNAP
participants to gain high-quality, work-related skills, training, work,
or experience that will increase the ability of the participants to
obtain regular employment. The Act added workforce partnerships to the
list of work programs through which an ABAWD may fulfill the ABAWD work
requirement, and the partnerships may also be used by mandatory E&T
participants to meet their E&T requirement. The Act added workforce
partnerships to several sections of the FNA including sections
6(d)(4)(B)(ii), 6(d)(4)(E), 6(d)(4)(H), and new paragraph 6(d)(4)(N).
The Department proposes adding the description and requirements for
workforce partnerships to new 7 CFR 273.7(n). In addition, the
Department proposes including two additional State agency
responsibilities associated with workforce partnerships. First, the
proposed rule would require State agencies to re-screen any individual
for the requirement to participate in mandatory E&T when the State
agency learns the individual is no longer participating in a workforce
partnership. Second, the proposed rule would require State agencies to
provide sufficient information to household members subject to the
general work requirements of 7 CFR 273.7 and ABAWD work requirements of
7 CFR 273.24 about workforce partnerships, so that individuals may make
an informed decision about participation. In this preamble section, the
Department highlights several significant aspects of workforce
partnerships, as required by the Act, and provides further explanation
for the proposed additional State agency responsibilities.
In accordance with the Act, the proposed regulation in new 7 CFR
273.7(n)(1) states that workforce partnerships mean programs operated
by a private employer, an organization representing private employers,
a non-profit organization providing services related to workforce
development, or an entity identified as an eligible provider of
training services under section 122(d) of WIOA. New 7 CFR 273.7(n)(2)
proposes that workforce partnerships may be multi-State programs. All
workforce partnerships must be in compliance with the Fair Labor
Standards Act, as proposed in new 7 CFR 273.7(n)(3). Workforce
partnerships would need to be certified, either by the Secretary or by
the State agency to the Secretary, to ensure they meet specific
certification criteria outlined in the Act and in proposed 7 CFR
273.7(n)(4). In certifying a workforce partnership, the Secretary or
the State agency would require that the workforce partnership report
sufficient information to describe the services or activities that
would provide participants with at least 20 hours a week (which may be
averaged monthly to equal 80 hours a month) of training, work, or
experience, and how those services or activities would directly enhance
the employability or
[[Page 15316]]
job readiness of the participant. This latter requirement would be
codified in new 7 CFR 273.7(n)(5).
The Department proposes to describe the application of workforce
partnerships to E&T programs in new 7 CFR 273.7(n)(6). This includes
proposing in new 7 CFR 273.7(n)(6)(i) the requirement from the Act that
no funding authorized by the FNA can be used for workforce
partnerships. The Department also proposes to codify the requirement
from the Act in new 7 CFR 273.7(n)(6)(ii) that, if a State agency
requires an individual to participate in an E&T program (also referred
to as mandatory E&T), the State agency must consider an individual
participating in a workforce partnership to be in compliance with the
E&T requirement. In other words, the State agency is prohibited from
disqualifying an individual for non-compliance with the requirement to
participate in an E&T program if the individual is participating in a
workforce partnership. In addition, if the State agency learns while
screening the individual for the requirement to participate in E&T that
the individual is already participating a workforce partnership, and
the State agency determines the individual meets the criteria to be
required to participate in E&T, the State agency would need to consider
the individual to already be in compliance with the requirement to
participate in E&T. The State agency would not be able to impose an
additional E&T requirement on the individual.
The Department also proposes to add a clarification in new 7 CFR
273.7(n)(6)(ii) that, if an individual who has been fulfilling the
mandatory E&T requirement by participating in a workforce partnership
no longer participates in a workforce partnership, the State agency
would have to re-screen the individual to determine if the individual
qualifies for an exemption from the work requirement and from mandatory
E&T. If the individual were to not meet an exemption from mandatory
E&T, the State agency would then identify an appropriate E&T component.
This new paragraph also proposes that, if an individual who has been
fulfilling the mandatory E&T requirement by participating in a
workforce partnership no longer participates in a workforce
partnership, the State agency must not consider the individual to have
failed to comply with mandatory E&T without going through the steps
above. The Department believes this clarification is necessary to
resolve certain policy questions arising from the interaction of
workforce partnerships with the mandatory E&T requirement.
Workforce partnerships are not part of a State's E&T program and
are not an E&T component. The Act located workforce partnerships in
section 6(d)(4)(B)(ii) of the FNA, outside the definition of an E&T
program in section 6(d)(4)(B)(i), and strictly limits the reporting
requirements that can be imposed on workforce partnerships. However,
the Act stated that State agencies must consider an individual's
participation in a workforce partnership to be fulfilling the State
agency requirement for that individual to participate in an E&T
program. So while an individual may fulfill their mandatory E&T
requirement through participation in a workforce partnership, a
workforce partnership is not by definition an E&T program. The Act also
stated that an individual cannot be required by the State agency to
participate in a workforce partnership. On the other hand, an
individual may choose to participate in a workforce partnership as a
way fulfill their mandatory E&T requirement. The Act did not address
what happens to an individual who no longer participates in a workforce
partnership, but continues to receive SNAP benefits. In these cases,
the Department proposes that the State agency screen the individual to
determine whether the individual is subject to the general work
requirement and mandatory E&T. Screening is necessary as the
individual's circumstances and abilities may have changed since the
initial screening. In other words, when the State agency learns an
individual is no longer participating in a workforce partnership, the
State agency would need to determine if the individual remains subject
to the general work requirements at 7 CFR 273.7(b) and, if the
individual were to remain subject to the general work requirements, the
State agency would need to then screen the work registrant to determine
whether or not they meet the State's criteria for the requirement to
participate in E&T, in accordance with 7 CFR 273.7(c)(2). If, after
this re-screening, the State agency were to determine that it is
appropriate to require the individual to participate in mandatory E&T,
the State agency would need to refer the individual to the E&T program
or, if the individual chooses, to another workforce partnership. The
Department proposes to add this additional State agency responsibility
to screen individuals who are no longer participating in a workforce
partnership in new 7 CFR 273.7(n)(6)(ii).
Other significant parts of the proposed regulations pertaining to
workforce partnerships, as required by the Act, include the
codification at 7 CFR 273.7(n)(7) that State agencies may use workforce
partnerships to supplement, not supplant, the E&T programs of the State
agency. Also, the proposed regulation at 7 CFR 273.7(n)(8) states that
workforce partnerships are included in the definition of a work program
in 7 CFR 273.24(a)(3) for the purposes of fulfilling the ABAWD work
requirement.
Proposed regulations at 7 CFR 273.7(n)(9) codify the constraint
from the Act that the State agency shall not require any member of a
household participating in SNAP to participate in a workforce
partnership. That is, once again, participating in a workforce
partnership could only be at the participant's option. New regulations
at 7 CFR 273.7(n)(10) would reflect the requirement from the Act that
the State agency provide, not less frequently than at certification and
recertification, a list of workforce partnerships to household members
subject to the work requirement. Since household members must have a
choice about participation in a workforce partnership, the Department
proposes an additional State agency responsibility in 7 CFR
273.7(n)(10) that the workforce partnership list also provide
sufficient information to the household members about the available
workforce partnerships so that the SNAP participant can make an
informed decision about voluntary participation in a particular
workforce partnership. This additional information should include, if
available, contact information for the workforce partnership, the types
of activities the participant would be engaged in through the workforce
partnership, the screening criteria used by the workforce partnership
to select individuals, the location of the workforce partnership, work
schedules, any special skills required to participate, and wage and
benefit information (if applicable). To maximize the ability of
household members to review the above information, the Department
proposes that all information in the workforce partnership list must be
provided in writing, either electronically or in paper form.
The Department also proposes to codify in new 7 CFR 273.7(n)(11)
the requirement from the Act that a workforce partnership shall not
replace the employment and training of an individual not participating
in a workforce partnership. The Department interprets this to mean that
an
[[Page 15317]]
individual in a workforce partnership shall not be provided any work
that has the effect of replacing the employment or training of an
individual not participating in a workforce partnership. The Department
also proposes codifying in 7 CFR 272.7(n)(12) the requirement from the
Act that none of the SNAP work requirements--general work requirements,
including mandatory E&T, and the ABAWD time limit and work
requirement--affect the criteria or screening process for selecting
participants by a workforce partnership. That is, a workforce
partnership may screen individuals for participation in a workforce
partnership independently of the criteria used by the State agency to
determine who is subject to SNAP work requirements.
Lastly, new 7 CFR 273.7(n)(13) would codify the limited
responsibilities of workforce partnerships to report to the Department
or State agencies. The reporting requirements of workforce partnerships
are limited to: Upon notification that an individual is a SNAP
recipient, notifying the State agency that the individual is
participating in a workforce partnership; identifying individuals who
completed or are no longer participating in a workforce partnership;
identifying changes in the workforce partnership that result in it no
longer meeting the criteria for State certification; and providing
sufficient information, on request by the State agency, for the State
agency to verify that the participant is fulfilling any applicable work
requirement. State agencies operating a workforce partnership may
report to the Department, at State agency option, relevant data to
reflect the number of program participants served by the workforce
partnership and, of those, how many were mandatory work registrants.
This State agency option would be codified at new 7 CFR
273.7(c)(17)(x).
Minimum Allocation of 100 Percent Funds
Current regulations at 7 CFR 273.7(d)(1)(i)(C) provide that no
State agency will receive less than $50,000 in Federal E&T grant funds
and set forth the methodology to ensure an equitable allocation among
the State agencies. The Act increased this baseline of Federal E&T
funds to $100,000 in section 16(h)(1)(D) of the FNA. The Department
implemented this provision in FY 2019. The Department now proposes to
modify 7 CFR 273.7(d)(1)(i)(C) to reflect the change in the baseline.
Prioritized Reallocation of Employment and Training Federal Grant Funds
Current regulations at 7 CFR 273.7(d)(1)(i)(D) provide the process
for the Department to reallocate unobligated and unexpended Federal E&T
funds to other State agencies requesting additional E&T funds. The Act
introduced priorities for the reallocation of these funds in section
16(h)(1)(C)(iv) of the FNA. Those priorities are: At least 50 percent
shall be reallocated to requesting State agencies that were awarded
grants to operate E&T pilots under the Agricultural Act of 2014 (Pub.
L. 113-79) (also known as the 2014 Farm Bill), to conduct those E&T
programs and activities from the pilots that the Secretary determines
have the most demonstrable impact on the ability of participants to
find and retain employment that leads to increased household income and
reduced reliance on public assistance; at least 30 percent should be
available to State agencies requesting funds for E&T programs and
activities authorized under section 6(d)(4)(B)(i) of the FNA that are
targeted to individuals with high barriers to employment and that the
Secretary determines have the most demonstrable impact on the ability
of participants to find and retain employment that leads to increased
household income and reduced reliance on public assistance; and the
remaining funds to other State agencies requesting additional funds for
E&T programs and activities that the Secretary determines have the most
demonstrable impact on the ability of participants to find and retain
employment that leads to increased household income and reduced
reliance on public assistance. The Department implemented this
provision in FY 2020 for the reallocation of FY 2019 funds. The
Department proposes to add new 7 CFR 273.7(d)(1)(iii) to specify this
priority for reallocation of funds, by enumerating the priorities and
the process for reallocating funds. Additionally, the Department
proposes to add new 7 CFR 273.7(c)(6)(xviii) to specify that State
agencies requesting additional funds would need to submit those
requests when their E&T State Plan is submitted for the upcoming
Federal fiscal year.
As noted, the Act established three categories of priorities for
reallocating funds. The Department proposes to remove current Sec.
273.7(d)(1)(i)(D) that addresses the current reallocation process and
add a new paragraph at Sec. 273.7(d)(1)(iii) that would set forth
these priorities and the process for reallocation.
As noted, the Act required that not less than 50 percent of all
unobligated funds are to be reallocated to requesting State agencies
that were awarded grants to operate SNAP E&T pilots under the
Agricultural Act of 2014 (Pub. L. 113-79), to conduct E&T programs and
activities authorized under the pilots that the Secretary determines
have the most demonstrable impact on the ability of participants to
find and retain employment that leads to increased household income and
reduced reliance on public assistance. The Department proposes to
codify this requirement in new 7 CFR 273.7(d)(1)(iii)(A). Additionally,
the Act specified that the Secretary shall base the determination of
demonstrable impact on the project results from the independent
evaluations of the pilots or, if the project results from the
independent evaluation are not yet available, then the determination
may be based on the interim reports to Congress or other information
relating to performance of the programs and activities. Until the
project results from the independent evaluations of the pilots are
available, the Department will use information from the interim
reports, as well as other information deemed appropriate, to make its
determinations.
For the not less than 30 percent of unobligated funds that shall be
reallocated to State agencies requesting funds to implement or continue
E&T programs and activities under section 6(d)(4)(B)(i) of the FNA that
are targeted toward highly-barriered populations, the Act specified
that the funds be used for E&T programs and activities that the
Secretary determines have the most demonstrable impact on the ability
of the participants to find and retain employment that leads to
increased household income and reduced reliance on public assistance.
The Act specified that this 30 percent reallocation may include
programs and activities targeted to: Individuals 50 years or older;
formerly incarcerated individuals; individuals participating in a
substance abuse treatment program; homeless individuals; people with
disabilities seeking to enter the workforce; other individuals with
substantial barriers to employment; or households facing multi-
generational poverty, to support employment and workforce participation
through an integrated and family-focused approach in providing
supportive services. The Department proposes to codify this requirement
in new 7 CFR 273.7(d)(1)(iii)(B) and proposes that, if a State agency
chooses to provide services to veterans having one of the condition
above under this
[[Page 15318]]
provision, it indicate this intention in their request for 30 percent
reallocated funds.
The Act also specified that any State agency that receives
reallocated funds under the 50 percent reallocation provision may also
be considered for reallocated funds under the 30 percent reallocation
provision. The Department proposes to codify this requirement in new 7
CFR 273.7(d)(1)(iii)(C).
As noted earlier, the Act specified that any remaining unobligated
funds not reallocated under the 50 percent reallocation provision, or
the 30 percent reallocation provision, be reallocated to State agencies
requesting such funds to use for E&T programs and activities that the
Secretary determines have the most demonstrable impact on the ability
of the participants to find and retain employment that leads to
increased household income and reduced reliance on public assistance.
The Department proposes to codify this requirement in new 7 CFR
273.7(d)(1)(iii)(D).
Existing provisions in section 16(h)(1) of the FNA make 100 percent
E&T grant funding available for 24 months in order for the Department
to obligate and reallocate funding to States. Further, the FNA requires
the Department to reallocate unobligated and unexpended funds from one
Federal fiscal year to another Federal fiscal year in a timeframe that
would allow State agencies receiving additional funds at least 270 days
to expend those reallocated funds. In light of these existing
requirements, the Department proposes in new 7 CFR 273.7(d)(1)(iii)(E)
the process for reallocating funds to allow State agencies the
statutorily required amount of time to expend the reallocated funds. As
proposed, State agencies requesting reallocated funds would submit
those requests as part of their E&T State plan due by August 15th each
year. To clearly articulate this expectation, the Department also
proposes to add new 7 CFR 273.7(c)(6)(xviii) to instruct State agencies
to incorporate any requests for additional 100 percent funds that may
become available into their E&T State Plan. As a best practice, the
Department has always encouraged State agencies to consider during the
development of their annual E&T State Plan their need for additional
funds. This change to the regulations would formalize this best
practice. In addition, a new paragraph at 7 CFR 273.7(c)(6)(xviii)
would make explicit that, while requests for additional funds are
included with the annual E&T State Plan, the request for additional
funds must be prepared in a separate budget and narrative from the
general budget for the upcoming fiscal year. Approval or denial of the
request for additional funds would occur separately from the E&T State
Plan approval or denial.
The Department further proposes in new 7 CFR 273.7(d)(1)(iii)(E)
that the Department, through the expenditure reporting process, would
determine the total amount of funds available for reallocation, in
accordance with the prioritized reallocation provisions, after State
agencies have submitted fourth quarter expenditure reports. When making
determinations about which State agencies would receive reallocated
funds within the three categories of prioritized reallocated funds, the
Department proposes to consider various factors. These factors would
include, but are not limited to: The size of the request relative to
the level of the State agency's E&T spending in prior years; the
specificity of the State agency's plan for spending the reallocated
funds; and the quality of the program and scope of impact for the
State's E&T program. The Department would reallocate in a timeframe
that allows State agencies at least 270 days to expend the reallocated
funds.
Lastly, the Department proposes to reallocate any unobligated funds
remaining after the reallocation process specified in new 7 CFR
273.7(d)(1)(iii)(E) to State agencies requesting additional funds for
E&T programs and activities that the Secretary determines have the most
demonstrable impact. When making these reallocations, the Department
would consider factors including, but not limited to: the size of the
request relative to the level of the State agency's E&T spending in
prior years; the specificity of the State agency's plan for spending
the reallocated funds; and the quality of the program and scope of
impact for the State's E&T program. The Department proposes to codify
this requirement in new 7 CFR 273.7(d)(1)(iii)(F).
Advisement of Employment and Training Opportunities
The Act added a requirement at section 11(w) of the FNA that State
agencies advise SNAP household members subject to the requirements of
section 6(d) of the FNA (the general work requirements) of available
employment and training opportunities at the time of recertification if
these individuals are members of households that contain at least one
adult, with no elderly or disabled individuals, and with no earned
income at their last certification or required report. There is no such
current requirement in the regulations. The Department instructed State
agencies in the March 6, 2019, Informational Memorandum on Farm Bill
E&T that this provision was considered self-implementing upon
enactment. The Department now proposes to codify this requirement in a
proposed paragraph at 7 CFR 273.14(b)(5). As a minimum standard for
meeting this requirement, the Department proposes that State agencies
provide the household a list of available employment and training
services for household members subject to the general work requirements
either electronically (e.g., on a website or in an email) or in printed
form. The Department would like to clarify that employment and training
services are not limited to SNAP E&T. Rather, State agencies should
also provide information about the availability of opportunities
through the American Job Centers or local community-based
organizations. This is particularly important in areas that do not
operate SNAP E&T programs. The Department encourages States to consult
with their Departments of Labor when developing information about
available employment and training services. In meeting this
requirement, State agencies should consider how to best target lists of
employment and training opportunities to increase access to work
opportunities for SNAP participants, including creating tailored lists
for certain regions or municipalities, or for SNAP participants with
particular career interests or barriers to employment.
Work Programs for Fulfilling the ABAWD Work Requirement
Current regulations at 7 CFR 273.24(a)(3) define the types of work
programs in which ABAWDs may participate to meet the 20 hour per week
ABAWD work requirement and thereby remain eligible beyond the 3 months
in 36-month time limit. The Act added the following types of programs
to that definition in section 6(o)(1) of the FNA: An employment and
training program for veterans operated by the Department of Labor or
the Department of Veterans Affairs, as approved by the Secretary; and
workforce partnerships. The Department instructed State agencies in the
March 6, 2019, Informational Memorandum on Farm Bill E&T to that this
provision was considered self-implementing upon enactment. The
Department now proposes to add these programs to the existing paragraph
at 7 CFR 273.24(a)(3). As noted earlier, the Act also changed section
6(o)(1)(C) of the FNA by replacing the term ``job search program'' with
``supervised job search program.'' For the purposes of
[[Page 15319]]
ABAWD work requirements, the Department proposes to implement this
change by revising 7 CFR 273.24(a)(3)(iii).
In accordance with the Act, the Department proposes to add
employment and training programs for veterans operated by the
Department of Labor or the Department of Veterans Affairs, as approved
by the Secretary, and workforce partnerships, as defined in proposed in
7 CFR 273.7(n), to the definition of work programs in the existing
paragraph at 7 CFR 273.24(a)(3). The Department proposes to consider
any employment and training program of the Department of Labor or the
Department of Veterans Affairs that serves veterans as approved by the
Secretary, provided all other requirements in 7 CFR 273.24 are met. The
Department also proposes to make conforming changes to the last
sentences of paragraphs 7 CFR 273.7(e)(2)(i) and (ii), as redesignated,
to add employment and training programs for veterans operated by the
Department of Labor or the Department of Veterans Affairs to the list
of work programs for which supervised job search and job search
training programs may count for the purposes of fulfilling the ABAWD
work requirement.
The Department also proposes to modify regulations at 7 CFR
273.24(a)(3)(iii) that ``a supervised job search program'' is a type of
program that shall not count as an employment and training program for
purposes of fulfilling the ABAWD work requirement. However, consistent
with current regulations, the Department proposes that employment and
training programs for ABAWDs under 7 CFR 273.24(a)(3)(iii) may include
job search, supervised job search, or job search training activities as
subsidiary activities in the program for the purposes of fulfilling the
ABAWD work requirement so long as they make-up less than half of the
work requirement. For example, an ABAWD can fulfill the ABAWD work
requirement by participating in an employment and training program for
20 hours a week, or an average of 80 hours monthly. Over the month,
less than half of these hours can include job search, supervised job
search, or job search training activities. The Department believes that
job search activities that are offered as part of an employment and
training program can be effective at helping individuals transition
from the program into paid employment. The Joint Explanatory Statement
of the Committee of Conference issued with the Act reinforced that
belief by stating that ``unsupervised job search'' may be a
``subsidiary component'' for the purposes of meeting a work
requirement, so long as it is less than half of the requirement (Conf.
Rept. 115-1072, p. 617). Additionally, the Department proposes to
modify the paragraph to refer to job search, supervised job search, and
job search training as ``subsidiary activities'' rather than
``subsidiary components'' for the purposes of fulfilling the ABAWD work
requirement. This change will more closely align with the terminology
used elsewhere in the regulations where ``activities'' are used to
describe smaller or subsidiary pieces of an employment and training
program that make up the larger ``component.''
The Department also proposes to make technical corrections to 7 CFR
273.24(a)(3)(i) to update the name of the referenced legislation from
the Workforce Investment Act (Pub. L. 105-220), to its new name the
Workforce Innovation and Opportunity Act (Pub. L. 113-128). The
Department also proposes to add the reference to ``title 1'' of this
law, as this reference was omitted in an earlier drafting of the
regulation.
Discretionary Exemptions for ABAWDs Subject to the Time Limit
Current regulations at 7 CFR 273.24(g) establish that each State
agency shall be allotted exemptions equal to an estimated 15 percent of
``covered individuals,'' which are the ABAWDs who are subject to the
ABAWD time limit in the State in the fiscal year. States can use the
exemptions available to them to extend SNAP eligibility for a limited
number of ABAWDs subject to the time limit. When one of these
exemptions is provided to an ABAWD, that one ABAWD is able to receive
one additional month of SNAP benefits. States have discretion whether
to use these exemptions and, as a result, some States use their
available exemptions and others do not. Each Federal fiscal year, the
Department estimates the number of exemptions that each State agency
shall be allotted. The Act changed the number of exemptions allocated
to State agencies each Federal fiscal year from 15 percent to 12
percent of the ``covered individuals'' in the State. Therefore, the
Department proposes to make the change from 15 percent to 12 percent in
the regulations, and also change the name of these exemptions from ``15
percent exemptions'' to ``discretionary exemptions.'' This will align
the regulations with the requirements of the Act and with current
operations, as these changes took effect for Fiscal Year 2020.
Specifically, the Department proposes changes to the introductory 7 CFR
273.24(g) to change the title from ``15 percent exemptions'' to
``Discretionary exemptions'' in order to indicate the discretion that
States have in terms of whether and how to use these exemptions as
compared to the nondiscretionary, absolute exceptions from the time
limit listed at 7 CFR 273.24(c). The remaining proposed changes would
simply replace the number ``15'' with the number ``12'' in 7 CFR
273.24(g)(1) and (3).
Informing SNAP Participants About Their Work Requirements
The Department notes that many of the changes made by section 4005
of the Act emphasized State agency responsibility to assist SNAP
participants in finding and retaining employment. The Department
believes that foundational to this increased accountability for both
the State agency and SNAP participants is improved communication
between the State agency and SNAP participants regarding the nature of
any work requirement that SNAP households may be subject to,
consequences for not complying with work requirements, and how to find
more information. Existing regulations at 7 CFR 273.7(c)(1) regarding
the general work requirement require the State agency to both explain
the general work requirement to work registrants, and provide a written
statement to work registrants at the time of work registration
regarding the general work requirements and the consequences of failing
to comply. In addition, existing regulations at 7 CFR 273.7(c)(2)
require the State agency to provide a written or oral explanation of
the mandatory E&T requirement to individuals in mandatory E&T. And,
with regard to the separate work requirement and time limit for ABAWDs,
though the regulations do not explicitly require State agencies to
inform ABAWDs of those requirements at certification, the Department
has issued formal guidance \3\ clarifying that State agencies must
inform ABAWDs as part of the explanation of the household's rights and
responsibilities, as generally required by 7 CFR 272.5(b)(1) and
273.2(a)(1). To summarize, State requirements to inform SNAP
participants about their work requirements are fragmented and could be
streamlined. The Department also notes that a single individual may be
[[Page 15320]]
subject to multiple work requirements, which may be confusing for the
household to decipher to ensure compliance, especially if these
requirements are communicated to the individual at different times via
different mediums. For instance, an ABAWD may be subject to mandatory
E&T. Each of these work requirements may require different actions on
the part of the SNAP participant to maintain eligibility, and each
carry different, separate penalties for failure to comply.
---------------------------------------------------------------------------
\3\ See FNS, ``State Agency Readiness to Apply the ABAWD Time
Limit and Serve ABAWDs,'' issued December 4, 2019 (https://fns-prod.azureedge.net/sites/default/files/media/file/StateAgencyReadinesstoApplytheABAWDTimeLimitandServeABAWDs.pdf).
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In order to streamline and improve communication between the State
agency and the household, and to improve the household's customer
service experience, the Department proposes to consolidate the State
requirement to inform individuals of their applicable work requirements
(i.e., the general work requirement, the mandatory E&T requirement, and
the ABAWD work requirement). This consolidation would take two forms: A
single written statement and a comprehensive oral explanation of all
the work requirements that would pertain to individuals in a particular
household. The consolidated requirement would merge two existing
requirements to inform individuals about their work requirements (i.e.,
the general work requirement and mandatory E&T) with a new more clearly
delineated requirement to inform ABAWDs regarding their ABAWD work
requirement and time limit at new 7 CFR 273.7(5)(a). The consolidated
requirement to inform households of all applicable work requirements
for individuals within the household would be added at new 7 CFR
273.7(c)(1)(ii). The new consolidated written statement must include
all pertinent information related to each of the applicable work
requirements for individuals in the household, including: An
explanation of each applicable work requirement; exemptions from each
applicable work requirement; the rights and responsibilities of each
applicable work requirement for individuals subject to the work
requirements; what is required to maintain eligibility under each
applicable work requirement; pertinent dates by which an individual
must take any actions to remain in compliance with each of the
applicable work requirements; the consequences for failure to comply
with each applicable work requirement; and any other information the
State agency believes would assist the household members with
compliance. If the individual is subject to mandatory E&T, the written
statement must also explain the individual's right to receive
participant reimbursements for allowable expenses related to
participation in E&T, up to any applicable State cap, and the
responsibility of the State agency to exempt the individual from the
requirement to participate in E&T if the individual's allowable
expenses exceed what the State agency will reimburse, as provided in 7
CFR 273.7(d)(4).
Voluntary E&T Participation Time Limits
Section 4108 of the Food, Conservation and Energy Act of 2008
(FCEA) modified section 6(d)(4) of the FNA to permit individuals
voluntarily participating in an E&T program to participate beyond the
maximum number of hours calculated as their benefit divided by the
minimum wage. The FCEA also allowed the total amount of time spent each
month by an individual voluntarily participating in an E&T work
program, combined with hours worked in a workfare program and hours
worked for compensation, to exceed 120 hours. The Department is
proposing to revise 7 CFR 273.7(e)(5)(iii) from the final rule,
Supplemental Nutrition Assistance Program (SNAP): Eligibility,
Certification, and Employment and Training Provisions of the Food,
Conversation and Energy Act of 2008, published on January 6, 2017 (RIN
0584-AD87) (82 FR 2010), to correct a technical drafting error and to
more accurately reflect the statutory language. The final rule only
added language that voluntary E&T participants are not subject to the
120-hour monthly cap for participation. The final rule did not add that
voluntary E&T participants are not subject to the hourly monthly
maximum calculated as their benefit divided by the minimum wage, as was
required by the changes made to the FNA by the FCEA. In order to meet
the requirements laid out by the FCEA, the Department's proposed
language would strike the current sentences in 7 CFR 273.7(e)(5)(iii),
and replace them with language stating voluntary E&T participants are
not subject to any of the limits in redesignated 7 CFR 273.7(e)(4). The
changes proposed in this rulemaking would align the regulations with
the statutory provision allowing voluntary participants to participate
in E&T activities for more than the maximum number of hours calculated
as their benefit divided by the minimum wage and for more than 120
hours in a month, as provided for in section 6(d)(4)(F)(iii) of the
FNA.
SNAP E&T Eligibility
The Department is aware that the process to regularly verify SNAP
eligibility for E&T participants is time-consuming, resource intensive,
and can be a barrier to the growth of E&T programs. While some E&T
participants' eligibility status may change over time, many E&T
providers are adept at braiding funding from a variety of sources in
order to provide a seamless continuation of services. However, this can
be a complicated process. The Department is interested in better
understanding ways States and other E&T stakeholders have streamlined
and simplified the process of verifying E&T participants' eligibility
for SNAP. The Department is particularly interested in how States are
able to provide a seamless continuation of services to individuals
whose eligibility status has changed. Therefore, the Department seeks
comments on the experience of E&T stakeholders in verification of E&T
participants' eligibility. The Department also asks for recommendations
on how to reduce the burden on State agencies and E&T providers in
order to better support individuals as they progress through training.
In particular, the Department is interested in comments on the
following questions:
The current process: What processes are currently in place
to verify SNAP eligibility for E&T participants? What processes,
policies, or technical solutions has the State agency implemented to
streamline or make the process of verifying eligibility more efficient?
What happens to active E&T participants who are found no longer
eligible for SNAP? Are they able to continue receiving services using
other funding sources?
Concerns with the current process: Has the process to
verify eligibility for SNAP been an impediment to the growth of an E&T
program? What are other concerns with the current process? What is
working well with the current process?
Recommendations: What would commenters recommend to reduce
barriers associated with verifying eligibility? What policies or
agreements might better support providers to serve enrolled E&T
participants if the participants are no longer eligible for SNAP and
what might the supporting arguments be for such policies or agreements?
What systems or technical solutions would help streamline the process?
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
[[Page 15321]]
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 proposed rule has been determined to be significant and was
reviewed by the Office of Management and Budget (OMB) in conformance
with Executive Order 12866.
The table below presents the expected costs of the rule changes.
Derivation of these costs, and the overall impact on Federal and State
spending, are summarized in the discussion that follows.
Table 1-- Expected Costs of Rule Changes
[In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impacts on Federal Transfers (nominal dollars):
Increased 100% E&T grant funding **................. 13 13 13 13 13 65
Impacts on Federal (50%) and State (50%) Administrative
Costs (nominal dollars):
Administrative costs/burden--case management \+\.... 30.4 30.4 30.4 30.4 30.4 151.8
Administrative costs/burden--additional notices \+\. 1.6 1.5 1.5 1.5 1.5 7.6
Administrative costs/burden--reporting of additional (*) (*) (*) (*) (*) (*)
measures \+\.......................................
-----------------------------------------------------------------------------------------------
Total........................................... 32.0 31.9 31.9 31.9 31.9 159.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Impacts on Burden of Participating Households (Costs in
nominal dollars):
Household Burden--case management................... 4.6 4.6 4.6 4.6 4.6 23.0
Household Burden--Notification or E&T Participation (*) (*) (*) (*) (*) (*)
Change.............................................
Household Burden--List of E&T Services.............. 0.8 0.8 0.8 0.8 0.8 4.0
Household Burden--ABAWD Notification.................... 0.3 0.3 0.3 0.3 0.3 1.5
-----------------------------------------------------------------------------------------------
Total........................................... 5.7 5.7 5.7 5.7 5.7 28.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
** The 2018 Farm Bill included an additional $13 million per year in 100 percent grant funding for E&T.
\+\ A portion of these costs are expected to be covered using existing 100 percent grant funding.
Regulatory Impact Analysis: A regulatory impact analysis must be
prepared for major rules with economically significant effects ($100
million or more in any one year). The Department does not anticipate
that this proposed rule will have economic impacts of $100 million or
more in any one year, and therefore, it does not meet the definition of
``economically significant'' under Executive Order 12866. An analysis
assessing the costs and benefits of this rule is presented below.
As explained above, this proposed rule codifies the 2018 Farm Bill
changes related to E&T program operations, the ABAWD work requirement,
and the allocation and reallocation of 100 percent grant funds. Those
changes and their expected costs and benefits are summarized briefly
below:
Changes to SNAP E&T Programs, Components, and Activities
Pursuant to the 2018 Farm Bill, the proposed rule makes several
changes to E&T components and allowable activities, including:
Replacing job search with supervised job search as an E&T
component (although unsupervised job search would remain an allowable
activity within an E&T component, subject to certain limitations);
eliminating job finding clubs as an allowable activity;
replacing job skills assessments with employability
assessments;
adding apprenticeships and subsidized employment as
allowable activities;
requiring a 30-day minimum for receipt of job retention
services; and
allowing activities from the 2014 Farm Bill E&T pilots to
become allowable E&T components, if those activities had a demonstrable
impact on the ability of participants to find and retain employment
that leads to increased income and reduced reliance on public
assistance.
The proposed rule would also implement the 2018 Farm Bill provision
that requires all E&T programs to provide case management services to
E&T participants, in addition to one or more E&T components. We expect
the cost of the case management to be approximately $30.4 million per
year. Consistent with the estimates used for the Paperwork Reduction
Act section of the proposed rule, we assume approximately 460,000
annual E&T participants who participate on average for 3.27 months. We
further assume each participant receives just over 1 hour total of case
management services (30 minutes for the initial case management meeting
and 15 minutes for subsequent monthly meetings). In addition, we expect
caseworkers to spend approximately 15 minutes per case recording case
notes and otherwise documenting the case management
[[Page 15322]]
interactions (for a total of 1.32 hours per case). Using a fully-loaded
hourly rate (including benefits and indirect costs) of approximately
$50 \4\ results in an annual cost of about $30.4 million, shared
equally. The Department believes that initially most States will use
100 percent grant funding, including the increased funding provided
through the 2018 Farm Bill, to pay for the required case management
services. In some States this may mean States reallocate funds from
other activities in order to provide sufficient case management.
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\4\ Assumes an average hourly rate of $30.12 for a case worker,
plus 30 percent for benefits and 20 percent for overhead, rounded to
$50. Based on May 2018 BLS Occupational and Wage Statistics for
``Social Workers, All Other,'' available at https://www.bls.gov/oes/tables.htm. Overhead is included because this is a new activity and
will likely result in hiring of additional staff or contractors.
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The case management requirement will also increase burden on
individual SNAP participants as they will be required to participate in
monthly discussions with their case manager regarding their E&T
participation and plans for self-sufficiency. While the Department
expects most of the conversations will be held by telephone, in some
instances E&T participants may need to travel to meet their case
manager in-person. Therefore, the average number of burden hours per
participant is expected to be slightly larger to account for travel
time (1.4 hours versus 1.32 hours).\5\ The additional burden is
expected to cost SNAP E&T participants approximately $4.6 million
annually.
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\5\ For more information on the derivation of these estimates,
please see the Paperwork Reduction Act section of this proposed
rule.
Table 2--Annual Cost of Burden Associated With Case Management Services
------------------------------------------------------------------------
State agency Household
burden burden
------------------------------------------------------------------------
E&T participants per year............... 460,000 460,000
Burden hours per participant............ 1.32 1.4
Hourly wage rate *...................... $50.00 $7.25
Total Annual Cost (Federal and State $30.4 $4.6
shares millions).......................
------------------------------------------------------------------------
* State Agency rate is a fully loaded rate. Household rate is equal to
the Federal minimum wage. Totals may not sum due to rounding.
Changes to Funding Allocation/Reallocation
The proposed rule would establish a funding formula for reallocated
E&T funds, in accordance with statutory changes. It also would codify
the increase to $100,000 in the minimum allocation of 100 percent funds
to State agencies. While these changes may affect the amount of funds
received by individual States, the Department does not expect these
changes to affect overall spending on SNAP E&T. Prior to the 2018 Farm
Bill, three States (Virgin Islands, Wyoming and North Dakota) received
less than the $100,000 minimum allocation and now receive a larger
grant. Over the past three years, less than $10 million per year in 100
percent grant funds have been reallocated, and the amount available for
reallocation has been declining.
Changes Affecting Work Requirements
Pursuant to the 2018 Farm Bill, the proposed rule would make a
number of changes affecting SNAP work requirements (both the ABAWD
requirement and mandatory E&T). The proposed rule would:
Add workforce partnerships to the list of programs that
may be used to meet SNAP work requirements;
add employment and training programs for veterans operated
by the Department of Labor or the Department of Veterans Affairs to the
list of work programs that may be used to meet the ABAWD work
requirement;
require State agencies to inform ABAWDs both orally and in
writing of the ABAWD work requirement and time limit;
codify the statutory change that reduces the number of
ABAWD work exemptions from 15 percent to 12 percent and change their
name to ``discretionary exemptions;''
require State agencies to provide good cause for
noncompliance with E&T if a suitable component or opening in an E&T
program is not available;
require State agencies to re-direct individuals who are
determined ill-suited for an E&T program to other more suitable
activities; and
require that, at recertification, all State agencies
advise certain types of households subject to the general work
requirement of employment and training opportunities.
Most of these provisions are not expected to have cost impacts.
Most States do not use all of their available discretionary exemptions
and currently have a large bank of unused exemptions.\6\ Therefore, the
reduction in available exemptions is unlikely to impact individual
ABAWDs. Permitting individuals to fulfill the ABAWD work requirement or
mandatory E&T through workforce partnerships, which are operated by
private employers or non-profit groups, may result in additional ABAWDs
meeting the work requirement and retaining SNAP eligibility. However,
such programs are not currently widespread. Given the lack of available
data for such programs and the requirements for establishing a
workforce partnership, the Department does not believe they will become
commonplace and has, therefore, assumed there would be only negligible
impacts of this change on the SNAP ABAWD population.
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\6\ Typically States use far fewer exemptions in a fiscal year
than they earn. For example, during Fiscal Year 2018, only one State
used as many exemptions as they earned for Fiscal Year 2018 and two
States used more than 80 percent of their number of earned
exemptions. As a result, most States have accumulated a bank of
carryover exemptions (see FY 2019 Discretionary Exemptions with
Carryover). Because of this carryover the reduction in earned
exemptions would not have impacted the States' ability to provide
exemptions to individual ABAWDs.
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The requirement that State agencies inform ABAWDs both orally and
in writing of the ABAWD work requirement and time limit is expected to
result in additional burden for State agencies as this is a new
requirement. However, having this information may mean that ABAWDs
better understand the work requirement and how to meet it, and thus are
better able to fulfill those requirements and retain SNAP eligibility.
States agencies are already required to inform work registrants and
mandatory E&T participants of their respective work requirements in
existing regulations at 7 CFR 273.7(c) (OMB Control Number 0584-0064;
Expiration date 7/31/2020). Similarly, the requirement that State
agencies re-direct ill-suited individuals is expected to increase State
agency burden as the State will need to generate a notice of E&T
participation change that would be sent to the participant. Together,
this additional burden is expected to cost approximately $1.5 million
annually, with costs divided equally between
[[Page 15323]]
State agencies and the Federal Government. The table below shows how
these estimates were derived.
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\7\ Estimates of occurrences of ABAWD notifications are based on
the expected number of SNAP ABAWD participants in FY 2021, adjusted
to account for individuals expected to lose eligibility as a result
of recently-finalized rules related to geographic waivers of the
time limit. Estimates of notices of ill-suited determination assume
10 percent of E&T participants are found to be ill-suited for their
assigned activity. For more information on these estimates, please
see the Paperwork Reduction Act section of this proposed rule.
\8\ Based on the Bureau of Labor Statistics May 2018
Occupational and Wage Statistics for ``eligibility interviewers,
government programs,'' available at https://www.bls.gov/oes/tables.htm.
Table 3--State Agency Cost of Burden Related To Sending New Required
Notices
------------------------------------------------------------------------
Notice of E&T
ABAWD written participation
statement change
------------------------------------------------------------------------
Occurrences per year \4\................ 2,029,000 46,000
Burden hours per occurrence \7\......... .033 .033
Hourly wage rate \8\.................... $22.34 $22.34
-------------------------------
Total Annual Cost (Federal and State $1.5 $0.03
shares, millions)..................
------------------------------------------------------------------------
The Department also anticipates a small ($0.02 million) one-time
burden for State Agencies to develop the new ABAWD written statement,
the notice of E&T Participation Change, and the list of employment and
training services that will be provided to work registrant households
at certification and recertification This assumes States spend on
average 24 hours developing each new notice and an average wage of
$18.02 per hour (24 * 18.02 * 53 State Agencies = $22,900).
Households will also face new burden associated with reviewing
these documents when received. Households with work registrants, who
will receive a list of E&T services at certification and
recertification, will also face additional burden associated with
reading that list. Each activity is expected to result in a minimal
amount of administrative burden, about $1.1 million total over the
three activities.
---------------------------------------------------------------------------
\9\ Estimates of occurrences of ABAWD notifications are based on
the expected number of SNAP ABAWD participants in FY 2021, adjusted
to account for individuals expected to lose eligibility as a result
of recently-finalized rules related to geographic waivers of the
time limit. Estimates of notices of ill-suited determination assume
10 percent of E&T participants are found to be ill-suited for their
assigned activity. For more information on these estimates, please
see the Paperwork Reduction Act section of this proposed rule.
\10\ Based on the Bureau of Labor Statistics May 2018
Occupational and Wage Statistics for ``eligibility interviewers,
government programs,'' available at https://www.bls.gov/oes/tables.htm.
Table--Household Cost of Burden Related To Reading New Required Notices
----------------------------------------------------------------------------------------------------------------
List of
ABAWD written Notice of E&T employment and
statement participation training
change services
----------------------------------------------------------------------------------------------------------------
Occurrences per year \4\........................................ 2,029,000 46,000 5,496,000
Burden hours per occurrence \9\................................. .02 .02 0.2
Hourly wage rate \10\........................................... $7.25 $7.25 $7.25
-----------------------------------------------
Total Annual Cost (Federal and State shares, millions)...... $0.3 ( * ) $0.8
----------------------------------------------------------------------------------------------------------------
* Minimal--less than $1 million.
While these changes are estimated to increase burden for State
agencies, these changes are expected to provide important protections
to individuals subject to the ABAWD time limit. The notice requirements
will help ensure that these individuals are adequately informed of
their responsibilities with respect to work requirements and of what
steps they should take in order to comply with those requirements or if
they believe they should be exempt from those requirements.
Changes to Reporting Requirements
The proposed rule would also modify the required reporting elements
in the quarterly E&T Program Activity Report provided by State agencies
to include the number of SNAP participants who are required to
participate in E&T and, of those, the number who begin participation.
Reporting on these additional elements is expected to increase
reporting burden on 17 State agencies that currently operate mandatory
E&T programs. The Department will add two reporting elements to form
FNS-583, which State agencies must submit annually with the fourth
quarter report. This additional burden is expected to be of minimal
cost to State agencies.
---------------------------------------------------------------------------
\11\ Based on the Bureau of Labor Statistics May 2018
Occupational and Wage Statistics for ``Office and Administrative
Support Workers, All other,'' available at https://www.bls.gov/oes/tables.htm.
Table 5--Cost of State Agency Burden, New Reporting Requirements
------------------------------------------------------------------------
State agency
burden
------------------------------------------------------------------------
State agencies.......................................... 17
Reports per year (2 additional elements)................ 1
[[Page 15324]]
Hours per response...................................... 516.9
Hourly wage rate \11\................................... $18.02
---------------
Total Annual Cost (Federal and State shares)........ ( * )
------------------------------------------------------------------------
* minimal--less than $1 million.
Overall Impact on E&T Spending
In addition to the 100 percent grant funding provided by the
Federal Government, most States spend their own funds on SNAP E&T
services. This additional State E&T spending is matched by the Federal
Government and referred to as 50-50 spending.
While the rule provisions are expected to result in some additional
cost to State agencies (primarily related to case management and
administrative burden), it is the Department's belief that States will
use the following strategies as they modify their E&T programs in
accordance with the statutory and regulatory changes:
In the first five years after implementation, the
Department expects that most States will use 100 percent grant funding,
including the increased funding provided through the 2018 Farm Bill, to
pay for the required case management services.
The Department anticipates that changes to allowable
components and activities, which may result in a higher cost per E&T
participant, will initially be managed by adjusting the number of
participants served through various components/activities rather than
through investment of additional 50-50 matching funds by State
Agencies. State Agencies' budgets are often less flexible (for example,
prohibitions on running a deficit or budgets that cover multiple years)
and may not permit immediate increases in State E&T spending.
Over the five year period covered by these estimates, the
Department expects that some but not all States will increase their
investment in 50-50 matching funds to cover both the costs of case
management services and to permit greater participation in new
allowable activities and components that may show more success in
moving individuals toward greater self-sufficiency.
In total, we estimate that these provisions of the rule will
increase spending on E&T by $4 million in Fiscal Year (FY) 2020, and by
$52 million over the five FYs 2020-2024. Costs would be shared equally
between the Federal Government and State agencies.
The estimates were derived as follows:
Between FY 2016 and FY 2018, the Federal share of 50-50
spending increased by about $17 million, from $171 million to $188
million. Therefore, we assume that the Federal share of State 50-50
spending would have increased by about $8 million per year.
In response to the changes in allowable components and
activities as well as the case management requirement, we assume that
each year a small number of States increase their 50-50 spending beyond
current projected spending. In FY 2020, we assume 4 States spend about
10 percent more, and by FY 2024 17 States have increased their spending
by about 10 percent overall.
The per-State increase in 50-50 spending is approximately
$0.5 million per State. The per-State increase is estimated as follows:
A 10 percent increase in 50-50 spending equals $20.5 million in FY
2020. There are 53 State agencies (including the District of Columbia,
Guam, and the US Virgin Islands), 43 of which currently spend 50-50
funding on E&T services, therefore $20.5 million is divided by 43 to
calculate the average ($20.5 million/43 = $0.49 million).
Table 6--Expected Increase In State 50-50 Spending Over Time
[Dollars in millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-Farm Bill projected 50-50 spending.................. 205 213 221 229 237 ..............
10% increase (amount per State)......................... .49 .49 .49 .49 .49 ..............
Number of States increasing spending.................... 4 6 8 12 17 ..............
State agency Cost....................................... 2 3 4 7 9 26
Total, Federal + State.................................. 4 6 9 14 19 52
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.
Benefits of Proposed Rule
The Department believes the statutory changes made by Section 4005
of the 2018 Farm Bill are intended to strengthen E&T programs and
improve SNAP participants' ability to gain and retain employment, thus
reducing participant reliance on the social safety net. The changes
contained in the proposed rule allow for more evidence-based
activities, requiring more accountability on the part of both State
agencies and E&T participants, while also retaining State flexibility.
The requirement to inform ABAWDs of their work requirement will help
ensure that these individuals are adequately informed of their
responsibilities with respect to work requirements and of what steps
they should take in order to comply with those requirements, or if they
believe they should be exempt from those requirements.
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, the
Secretary certifies that this rule would not have a significant impact
on a substantial number of small entities. This proposed rule would not
have an impact on small entities because the
[[Page 15325]]
changes required by the regulations are directed toward State agencies
operating SNAP programs and SNAP E&T programs.
Executive Order 13771
This proposed rule is expected to be an E.O. 13771 regulatory
action.
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 proposed 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
This Supplemental Nutrition Assistance Program is listed in the
Catalog of Federal Domestic Assistance under Number 10.551 and is
subject to Executive Order 12372, which requires intergovernmental
consultation with State and local officials. (See 2 CFR chapter IV.)
FNS Regional offices are in contact with State agencies, who provide
feedback on policies and procedures for the E&T program and overall
SNAP policy.
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 13121.
The Department has considered the impact of this rule on State and
local governments and has determined that this rule does not have
federalism implications. Therefore, under section 6(b) of the Executive
Order, a federalism summary is not required.
Executive Order 12988, Civil Justice Reform
This proposed 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. This rule is not intended to have
retroactive effect unless so specified in the Effective Dates section
of the final rule. Prior to any judicial challenge to the provisions of
the final rule, all applicable administrative procedures must be
exhausted.
Civil Rights Impact Analysis
FNS has reviewed this proposed 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 affect the participation
of protected individuals in the Supplemental Nutrition Assistance
Program.
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. Additionally, other policy
statements or actions that have substantial direct effects on one or
more Indian Tribes, the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes also require
consultation. FNS consulted with tribes on this issue at the USDA Farm
Bill Implementation Consultation held on May 1, 2019 in Washington DC
The tribes had no comment. If further consultation is requested, the
Office of Tribal Relations will work with FNS to ensure quality
consultation is provided.
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
proposed rule contains information collections that are subject to
review and approval by the Office of Management and Budget; therefore,
FNS is submitting for public comment the changes in the information
collection burden that would result from adoption of the proposals in
the rule.
Comments on this proposed rule must be received by May 18, 2020.
Send comments to the Office of Information and Regulatory Affairs,
OMB, Attention: Desk Officer for FNS, Fax: 202-395-7285, or email to
[email protected]. Please also send a copy of your comments
to Leigh Gantner, Supplemental Nutrition Assistance Program (SNAP),
1320 Braddock Place, Alexandria, VA 22314. For further information, or
for copies of the information collection requirements, please contact
Leigh Gantner at the address indicated above. Comments are invited on:
(a) Whether the proposed collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on those who are to respond, including use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record.
Title: Employment and Training Opportunities in the Supplemental
Nutrition Assistance Program.
OMB Number: 0584-NEW.
Form Number: FNS 583.
Expiration Date: N/A.
Type of Request: New request.
Abstract: This proposed rule would implement changes made by
Section 4005 of the Act to the E&T program to strengthen State and
Federal accountability to move SNAP participants toward self-
sufficiency. FNS is requesting a new OMB Control
[[Page 15326]]
Number for the requirements in this proposed rule. Some of the proposed
changes will modify current regulations resulting in an increase in the
reporting burden for State agencies. Other requirements are new and
will result in new mandatory reporting burden requirements for State
agencies, as well as individuals participating in E&T. First, the Act
requires that State agencies provide individuals participating in E&T
with case management services. Many State agencies already provide case
management activities to SNAP E&T participants; however, State agencies
are not currently reporting this activity to the Department and the
Department is not currently collecting case management activities from
these State agencies. This regulatory change to require that State
agencies provide these services as part of their E&T programs and
include them in their E&T State plans will help ensure that E&T
participants receive the guidance and support needed to move toward
self-sufficiency. Second, the Act establishes that individuals
participating in an E&T component who are determined ill-suited by the
E&T provider for that component, must be engaged by the State agency to
assess their mental or physical fitness or to identify another type of
training or assistance. The Department proposes at 7 CFR
273.7(c)(18)(i) that individuals who have been determined ill-suited be
sent a Notice of Employment and Training Participation Change (NETPC)
by the State agency informing them of this determination. This notice
will constitute a new burden for State agencies and for SNAP
participants who must read the notice. Third, to increase State
accountability for moving SNAP participants toward self-sufficiency,
the Department proposes at 7 CFR 273.7(c)(11) to add two additional
data elements to the final quarterly E&T Program Activity Report (FNS
583 reports) (SNAP Employment and Training Program activity Report; OMB
Control Number: 0584-0594; Expiration Date: 09/30/2019; currently under
renewal) to collect information on the number of SNAP participants who
are required by the State agency to participate in an E&T program, and
of those the number who actually begin to participate in an E&T
program. Fourth, the Department proposes in new 7 CFR 273.24(b)(8) to
add a State agency requirement to inform every ABAWD in writing about
the ABAWD work requirement and time limit, thus creating a new burden
to develop and provide this written statement, and to participants to
read this statement. This proposed requirement to inform ABAWDs of
their work requirement will be added to a proposed consolidate written
statement that will consolidate the requirements to inform ABAWDs, work
registrants, and mandatory E&T participants of their work requirements,
as applicable. The requirements to inform work registrants and
mandatory E&T participants of their work requirements are already
covered by an existing burden (OMB Control number: 0584-0064;
Expiration Date 7/31/2020; under renewal). And fifth, the Department
proposes in new 7 CFR 273.14(b)(5) that, at a minimum, the State agency
provide zero income households with no elderly or disabled members a
list of available employment and training services for household
members subject to the general work requirements either electronically
(e.g., on a website or in an email) or in printed form. This
requirements creates a new burden on State agencies to develop the list
of opportunities and for participants to read the list. The Department
notes that the proposed rule would also create a new requirement for
State agencies to consult with their workforce development boards, and
to explain in their E&T State plans the extent to which they will
coordinate with title I of WIOA. Based on the existing regulatory
requirement to work with their State workforce development systems,
this information is already collected by the Department through the E&T
State plans and is included in an existing burden (OMB Control Number:
0584-0083; Expiration Date: 7/31/2020), as a result the new Farm Bill
requirement is not expected to increase the existing burden.
The basic recordkeeping requirement for household case file
documentation is part of OMB Control Number: 0584-0064; Expiration Date
07/312020. FNS will add additional burden to this collection to
accommodate the increased burden resulting from providing case
management to E&T participants. The recordkeeping burden for the FNS
583 is already sufficient as documented in OMB Control Number: 0584-
0339; Expiration Date: 01/31/2021. FNS intends to merge this updated
reporting burden estimates into 0584-0594 and 0584-0064, once the final
rulemaking information collection request is approved. At that time,
FNS will publish a separate notice in the Federal Register announcing
OMB's approval.
Respondents: There are 53 State agencies with 159 SNAP State
agencies employees who will participate in this data collection.
Estimated Number of Respondents: 159.
Estimated Number of Responses per Respondent: 31,972.107.
Estimated Total Annual Responses: 5,083,565.
Estimated Time per Response: 0.1362451 hours.
Estimated Total Annual Burden on Respondents: 692,611 hours.
Respondents: 8,030,999 (Individuals) SNAP E&T participants.
Estimated Number of Respondents: 8,030,999.
Estimated Number of Responses per Respondent: 1.130.
Estimated Total Annual Responses: 9,075,199.
Estimated Time per Response: 0.0872938 hours.
Estimated Total Annual Burden on Respondents: 792,209.
The total burden for this rulemaking is 1,484,820 burden hours and
14,158,764 total annual responses.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Estimated Differences
Description of Estimated Estimated Total burden total Previous due to Difference Hourly Estimated
Reg. section Affected public Respondent type activity number of frequency of annual hours per burden burden program due to wager cost to
respondents response responses response hours hours used changes adjustment rate * respondents
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7 CFR 273.7(c)(1)................. State Agencies....... State Agency E&T Case Provide Case 53 28,381 1,504,193 0.326 490,367 0 0 0 $30.12 $14,769,852
Manager *. Management Services.
7 CFR 273.7(c)(1)................. State Agency E&T Case Document Case 53 28,381 1,504,193 0.08 120,335 0 0 0 30.12 3,624,503
Manager *. Management Services.
7 CFR 273.7(c)(18)(i)............. State Eligibility Generate notice of 53 868 46,004 0.0334 1,537 0 0 0 22.34 34,326
worker *. ill-suited
determination.
7 CFR 273.7(c)(11)................ State Agency Reporting FNS 583 53 4 212 98 20,776 21,889 0 1,113 $18.02 $374,384
Administrative Staff data elements **
*. (OMB Control Number
0584-0594).
7 CFR 273.7(c)(11)................ State Agency Reporting additional 17 1 17 516.9 8,788 0 8,788 0 18.02 158,360
Administrative Staff FNS 583 data
*. elements.
[[Page 15327]]
7 CFR 273.7(a)(5)................. State Eligibility Inform ABAWDs of the 53 38,283 2,028,999 0.0334 67,769 0 0 0 22.34 1,513,950
worker *. ABAWD work
requirement and time
limit in writing.
7 CFR 273.7(a)(5)................. State Agency Develop ABAWD written 53 1 53 24 1,272 0 0 0 18.02 22,921
Administrative Staff statement.
*.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sub-Total State Agencies........................................................................... 159 95,915.00 5,083,459 0.135748 690,067 .......... ............ ........... ........ 20,123,912
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7 CFR 273.7(c)(1)................. Individual & E&T Participants..... Participate in Case 460,000 3.27 1,504,200 0.426 640,789 0 0 0 7.25 4,645,720
Household. Management.
7 CFR 273.7(c)(18)(i)............. Individual & E&T Participants..... Read notice of ill- 46,000 1 46,000 0.02 920 0 0 0 7.25 6670
Household. suited determination.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sub-Total Individual/Households.................................................................... 506,000 4.27 1,550,200 0.413952 641,709 .......... ............ ........... ........ 4,652,390
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Grand Total Reporting Burden with both affected public and States.............................. 506,159 95,919.27 6,633,659 0.20076 1,331,776 21,858 8,788 1,113 ........ 24,776,302
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7 CFR 273.7(c)(1)................. State Agencies....... State Agency E&T Case Provide Case 53 28,381 1,504,193 0.326 490,367 0 0 0 30.12 14,769,852
Manager *. Management Services.
7CFR 273.7(c)(1).................. State Agency E&T Case Document Case 53 28,381 1,504,193 0.08 120,335 0 0 0 30.12 3,624,503
Manager *. Management Services.
7 CFR 273.7(c)(18)(i)............. State Agency Develop Notice of 53 1 53 24 1,272 0 0 0 18.02 22,921
Administrative Staff Employment and
*. Training
Participation Change
(NETPC).
7 CFR 273.7(c)(18)(i)............. State Eligibility Generate Notice of 53 868 46,004 0.0334 1,537 0 0 0 22.34 34,326
worker *. Employment and
Training
Participation Change
(NETPC).
7 CFR 273.7(c)(11)................ State Agency Reporting FNS 583 53 4 212 98 20,776 21,889 0 1,113 18.02 374,384
Administrative Staff data elements **
*. (OMB Control Number
0584-0594).
7 CFR 273.7(c)(11)................ State Agency Reporting additional 17 1 17 516.9 8,788 0 8,788 0 18.02 158,360
Administrative Staff FNS 583 data
*. elements.
7 CFR 273.7(a)(5)................. State Agency Develop ABAWD written 53 1 53 24 1,272 0 0 0 18.02 22,921
Administrative Staff statement of work
*. requirements.
7 CFR 273.7(a)(5)................. State Eligibility Inform ABAWDs of the 53 38,283 2,028,999 0.0334 67,769 0 0 0 22.34 1,513,950
worker *. ABAWD work
requirement.
7 CFR 273.14(b)(5)................ State Agency Develop list of 53 1 53 24 1,272 0 0 0 18.02 22,921
Administrative Staff Employment and
*. Training Services.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sub-Total State Agencies........................................................................... 159 31,972.107 5,083,565 0.136245 692,611 .......... ............ ........... ........ 20,169,755
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7 CFR 273.7(c)(1)................. Individual & E&T Participants..... Participate in Case 460,000 3.27 1,504,200 0.426 640,789 0 0 0 7.25 4,645,720
Household. Management.
7 CFR 273.7(c)(18)(i)............. E&T Participants..... Read Notice of 46,000 1 46,000 0.02 920 0 0 0 7.25 6,670
Employment and
Training
Participation Change.
7 CFR 273.7(a)(5)................. E&T Participants..... Read written 2,028,999 1 2,028,999 0.02 40,580 0 0 0 7.25 294,205
statement of work
requirements.
7 CFR 273.14(b)(5)................ E&T Participants..... Read list of 5,496,000 1 5,496,000 0.02 109,920 0 0 0 7.25 796,920
Employment and
Training Services.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sub-Total Individual/Households.................................................................... 8,030,999 1.13002118 9,075,199 0.087294 792,209 .......... ............ ........... ........ 5,743,515
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Grand Total Reporting Burden with both affected public and States.............................. 8,031,158 31,973.24 14,158,764 0.104869 1,484,820 21,858 8,788 1,113 ........ 25,913,270
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Each State Eligibility worker is counted once as all State Agency employees.
** Note: FNS has not included the burden already approved for the current 583 reporting elements w/additional funds in the grand total. The current FNS 583 reporting elements are undergoing a separate revision with OMB control
number: 0584-0594; Expiration Date: 9/30/19 (currently going through agency revisions); FNS is not seeking approval for these burden estimates in the request. All burden hours associated with the FNS 583 will be merged into 0584-
0594 when OMB approves the information collection request (ICR) associated with the Final Rule.
*** Based on the Bureau of Labor Statistics May 2018 Occupational and Wage Statistics (http://www.bls.gov/oes/current/)--the salaries of the case managers are considered to be ``Social Workers--other'' (21-1029) functions valued at
$30.12 per staff hour. The salaries of the eligibility workers are considered to be ``Eligibility Interviewers, government programs'' (43-4061) functions valued at $22.34. The salaries of Office and Administrative Support Workers,
All other (43-9199) is $18.02 per hour. The $7.25 used to calculate a cost to applicants is the Federal minimum wage.
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
7 CFR Part 271
Administrative practice and procedures, Food stamps, Grant
programs--social programs.
7 CFR Part 273
Administrative practice and procedures, Food stamps, Grant
programs--social programs, Penalties, Reporting and recordkeeping.
Accordingly, 7 CFR parts 271 and 273 are proposed to be amended as
follows:
PART 271 --GENERAL INFORMATION AND DEFINITIONS
0
1. The authority citation for part 271 continues to read as follows:
[[Page 15328]]
Authority: 7 U.S.C. 2011-2036.
0
2. In Sec. 271.2:
0
a. Remove the definitions of ``Employment and training (E&T)
component'' and ``Employment and training (E&T) mandatory participant''
and add in their places the definitions ``Employment and Training (E&T)
component'' and ``Employment and Training (E&T) mandatory
participant'', respectively;
0
b. Add the definition of ``Employment and Training (E&T) participant''
in alphabetical order;
0
c. Remove the definition of ``Employment and training (E&T) program''
and add in its place the definition of ``Employment and Training (E&T)
program'';
0
d. Add the definition of ``Employment and Training (E&T) voluntary
participant'' in alphabetical order; and
0
e. Remove the definition of ``Placed in an employment and training
(E&T) program''.
The additions and revisions read as follows:
Sec. 271.2 Definitions.
* * * * *
Employment and Training (E&T) component a work experience, work
training, supervised job search, or other program described in section
6(d)(4)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4)(B)(i)) designed to help SNAP participants move promptly into
unsubsidized employment.
Employment and Training (E&T) mandatory participant a supplemental
nutrition assistance program applicant or participant who is required
to work register under 7 U.S.C. 2015(d)(1) or (2) and who the State
determines should not be exempted from participation in an employment
and training program and is required to participate in E&T.
Employment and Training (E&T) participant means an individual who
meets the definition of a mandatory or voluntary E&T participant.
Employment and Training (E&T) program means a program operated by
each State agency consisting of case management and one or more E&T
components.
Employment and Training (E&T) voluntary participant means a
supplemental nutrition assistance program applicant or participant who
volunteers to participate in an employment and training (E&T) program.
* * * * *
PART 273--CERTIFICATION OF ELIGIBLE HOUSEHOLDS
0
3. The authority citation for part 273 continues to read as follows:
Authority: 7 U.S.C. 2011-2036.
0
4. In Sec. 273.7:
0
a. Revise paragraphs (c)(1) through (3) and the first sentence of
paragraph (c)(4);
0
b. Amend paragraph (c)(5) by adding a sentence at the beginning of the
paragraph;
0
c. Amend paragraph (c)(6)(i) by adding two sentences after the second
sentence;
0
d. Redesignate paragraphs (c)(6)(ii) through (xvii) as paragraphs
(c)(6)(iii) through (c)(6)(xviii), respectively, and add a new
paragraph (c)(6)(ii);
0
e. Amend newly redesignated paragraph (c)(6)(xi) by removing the word
``components'' and adding in its place the word ``program'';
0
f. Amend newly redesignated paragraph (c)(6)(xii) by adding four
sentences after the second sentence;
0
g. Add paragraph (c)(6)(xix);
0
h. Amend paragraph (c)(9)(iv) by removing the words ``15 percent
exemption allowance'' and adding in their place the words
``discretionary exemptions'';
0
i. Amend paragraph (c)(11)(i) by removing the word ``and'' at the end
of the paragraph;
0
j. Amend paragraph (c)(11)(ii) by removing the period at the end and
adding in its place ``; and'';
0
k. Add paragraphs (c)(11)(iii), (c)(17)(x), and (c)(18);
0
l. Amend paragraph (d)(1)(i)(C) by removing the number ``$50,000'' in
every place it appears and adding in its place the number ``$100,000'';
0
m. Remove paragraph (d)(1)(i)(D);
0
n. Amend paragraph (d)(1)(ii)(A) by removing the word ``component'' in
every place it appears and adding in their place the word ``program''
and by removing the words ``to subsidize the wages of participants,
or'';
0
o. Add paragraph (d)(1)(iii);
0
p. Revise the first sentence of paragraph (d)(4)(v) and paragraph (e)
introductory text;
0
q. Redesignate paragraphs (e)(1) through (4) as paragraphs (e)(2)
through (5) and add a new paragraph (e)(1);
0
r. Amend newly redesignated paragraph (e)(2) introductory text by
revising sentences seven and eight;
0
s. Revise newly designated paragraphs (e)(2)(i), (ii), and (iv);
0
t. Amend newly redesignated paragraph (e)(2)(v) by removing the words
``, or a WIA or State or local program'';
0
u. Amend newly redesignated paragraph (e)(2)(viii) by adding a sentence
after the second sentence;
0
v. Add paragraph (e)(2)(ix);
0
w. Amend newly redesignated paragraph (e)(4)(i) by adding the words
``case management or'' after the words ``the length of time a
participant spends in'';
0
x. Amend newly redesignated paragraph (e)(4)(ii) in the first sentence
by removing the text ``(e)(1)(iii) and (e)(1)(iv)'' and adding in its
place the text ``(e)(2)(iii) and (iv)'' and in the second sentence by
removing the word ``component'' and adding in its place the word
``program'';
0
y. Amend newly redesignated paragraph (e)(5)(i) by removing the words
``program components'' and adding in its place the text ``an E&T
program'';
0
z. Amend newly redesignated paragraph (e)(5)(ii) by removing the word
``component'' and adding in its place the word ``program'';
0
aa. Revise newly redesignated paragraph (e)(5)(iii);
0
bb. Amend paragraph (f)(1) introductory text by removing the text
``paragraphs (i)(2) and (i)(3)'' and adding in its place ``paragraphs
(i)(2), (3), and (4)'';
0
cc. Amend paragraph (f)(6) in the third sentence by adding the words
``or service of the E&T program'' after the words ``relevant
component'' and in the fifth sentence by removing the word
``component'' and adding its place the word ``program'';
0
dd. Redesignate paragraph (i)(4) as paragraph (i)(5) and add a new
paragraph (i)(4);
0
ee. Remove the heading from newly redesignated paragraph (i)(5); and
0
ff. Add paragraph (n).
The revisions and additions read as follows:
Sec. 273.7 Work provisions.
* * * * *
(c) * * *
(1) The State agency must register for work each household member
not exempted by the provisions of paragraph (b)(1) of this section.
(i) As part of the work registration process, the State agency must
orally explain to the individual the pertinent work requirements, the
rights and responsibilities of work-registered household members, and
the consequences of failure to comply. This explanation must also be
provided when a previously exempt individual or new household member
becomes a work registrant, and at recertification.
(ii) The State agency must also provide the information in
paragraph
[[Page 15329]]
(c)(1)(i) of this section in a written statement to each individual in
the household who is registered for work explaining the work
requirements. If the individual is an able-bodied adult without
dependents (ABAWD) in accordance with Sec. 273.24(a), required to
participate in E&T in accordance with paragraph (c)(2) of this section,
or both, the written statement must also consolidate and explain these
applicable work requirements. The consolidated written statement must
include all pertinent information related to each of the applicable
work requirements, including: An explanation of each applicable work
requirement; exemptions from each applicable work requirement; the
rights and responsibilities of each applicable work requirement for
individuals subject to the work requirements; what is required to
maintain eligibility under each applicable work requirement; pertinent
dates by which an individual must take any actions to remain in
compliance with each of the applicable work requirements; the
consequences for failure to comply with each applicable work
requirement; and any other information the State agency believes would
assist the household members with compliance. If the individual is
subject to mandatory E&T, the consolidated written statement must also
explain the individual's right to receive participant reimbursements
for allowable expenses related to participation in E&T, up to any
applicable State cap, and the responsibility of the State agency to
exempt the individual from the requirement to participate in E&T if the
individual's allowable expenses exceed what the State agency will
reimburse, as provided in paragraph (d)(4) of this section. In
addition, as stated in paragraphs (c)(1)(i) and (c)(2) of this section,
and Sec. 273.24(a)(5), the State agency must provide a comprehensive
oral explanation to the household of each applicable work requirement
pertaining to individuals in the household. Both the consolidated
written statement and the comprehensive oral explanation must be
provided at certification, recertification, and when a previously
exempt individual or new household member becomes subject to a work
requirement.
(iii) The State agency must permit the applicant to complete a
record or form for each household member required to register for
employment in accordance with paragraph (a)(1)(i) of this section.
Household members are considered to have registered when an
identifiable work registration form is submitted to the State agency or
when the registration is otherwise annotated or recorded by the State
agency.
(2) The State agency is responsible for screening each work
registrant to determine whether or not it is appropriate, based on the
State agency's criteria, to require the individual to participate in an
E&T program. Upon making this determination, the State agency must
inform the participant orally of the requirements of the program, what
will constitute noncompliance, and the sanctions for noncompliance. The
State agency must also provide this information to the participant in
writing, as specified in paragraph (c)(1)(ii) of this section. The
State agency is also responsible for referring mandatory E&T
participants, as defined in paragraph (e) of this section and Sec.
272.1, required to participate in E&T to the E&T program. The State
agency may establish their own procedures for this referral, which may
vary from participant to participant, but in all cases, the E&T
participant must receive both case management services and at least one
E&T component while participating in E&T. The State agency must
determine the order the participant will receive the elements of an E&T
program (e.g., case management followed by a component, case management
embedded within a component, etc.) and explain what the participant
must do next to access the E&T program. If there is not an appropriate
and available opening in an E&T program, the State agency must
determine the participant has good cause for failure to comply with the
mandatory E&T requirement in accordance with paragraph (i)(4) of this
section. The State agency may, with FNS approval, use intake and
sanction systems that are compatible with its title IV-A work program.
Such systems must be proposed and explained in the State agency's E&T
State Plan.
(3) After learning of an individual's non-compliance with SNAP work
requirements in paragraph (a) of this section, the State agency must
issue a notice of adverse action to the individual, or to the household
if appropriate, within 10 days of establishing that the noncompliance
was without good cause. The notice of adverse action must meet the
timeliness and adequacy requirements of Sec. 273.13. If the individual
complies before the end of the advance notice period, the State agency
will cancel the adverse action. If the State agency offers a
conciliation process as part of its E&T program, it must issue the
notice of adverse action no later than the end of the conciliation
period. Mandatory E&T participants who have been determined ill-suited
for participation in an E&T component in accordance with paragraph
(c)(18)(i) of this section shall not be subject to disqualification for
refusal without good cause to participate in a mandatory E&T program
until after the State has taken one of the four actions in paragraph
(c)(18)(i)(B) of this section, and the individual subsequently refuses
to participate without good cause.
(4) The State agency must design and operate an E&T program that
consists of case management services in accordance with paragraph
(e)(1) of this section and at least one or more, or a combination of,
employment and/or training components as described in paragraph (e)(2)
of this section. * * *
(5) The State agency must design its E&T program in consultation
with the State workforce development board, or with private employers
or employer organizations if the State agency determines the latter
approach is more effective and efficient. * * *
(6) * * *
(i) * * * If a State agency plans to offer supervised job search in
accordance with paragraph (e)(2)(i) of this section, the State agency
must also include in the E&T plan a summary of the State guidelines
implementing supervised job search. This summary of the State
guidelines, at a minimum, must describe: The State-approved locations
for supervised job search and how they were selected; and how the
supervised job search component meets the requirements to directly
supervise the activities of participants and track the timing and
activities of participants;
(ii) A description of the case management services and models, the
cost for providing the services, how participants will be referred to
case management, how the participant's case will be managed, who will
provide services, and how the service providers will coordinate with
E&T providers, the State agency, and other community resources, as
appropriate;
* * * * *
(xii) * * * The State agency must document how it consulted with
the State workforce development board. If the State agency consulted
with private employers or employer organizations in lieu of the State
workforce development board, it must document this consultation and
explain the determination that doing so was more effective or
efficient. The State agency must include in its E&T State plan a
description of any outcomes from the consultation with the State
workforce development board or private employers
[[Page 15330]]
or employer organizations. The State agency must also address in the
E&T State plan the extent to which E&T activities will be carried out
in coordination with the activities under title I of WIOA;
* * * * *
(xix) Any State agency that will be requesting Federal funds that
may become available for reallocation in accordance with paragraph
(d)(1)(iii)(A), (B), or (D) of this section should include this request
in the E&T State plan for the year the State agency would plan to use
the reallocated funds. The request must include a separate budget and
narrative explaining how the State agency intends to use the
reallocated funds. FNS will review all State agency requests for
reallocated funds and notify State agencies of the approval of any
reallocated funds in accordance with regulations at paragraph
(d)(1)(iii)(E) of this section. FNS' approval or denial of requests for
reallocated funds will occur separately from the approval or denial of
the rest of the E&T State plan.
* * * * *
(11) * * *
(iii) Number of SNAP participants required to participate in E&T by
the State agency and of those the number who begin participation in an
E&T program. An E&T participant begins to participate in an E&T program
when the participant commences at least one part of an E&T program
including an orientation, assessment, case management, or a component.
* * * * *
(17) * * *
(x) State agencies certifying workforce partnerships for operation
in their State in accordance with paragraph (n) of this section may
report relevant data to demonstrate the number of program participants
served by the workforce partnership, and of those how many were
mandatory E&T participants.
* * * * *
(18)(i) The State agency must ensure E&T providers are informed of
their authority to determine if an individual is ill-suited for a
particular E&T component. For purposes of this paragraph (c)(18), an
E&T provider is the provider of an E&T component. The E&T provider must
notify the State agency of an ill-suited determination as soon as
possible after the determination is made and inform the State agency of
the reason for the ill-suited determination. If the State agency is
unable to obtain the reason for the ill-suited determination from the
E&T provider, the State agency must continue to act on the ill-suited
determination in accordance with this section. The E&T provider has the
authority to determine if an individual is ill-suited for the E&T
component from the time an individual is referred to an E&T component
until completion of the component. When a State agency receives
notification that an individual has been determined ill-suited, and the
individual is not exempt from the work requirements as specified in
paragraph (b) of this section, the State agency must:
(A) Send a Notice of E&T Participation Change (NETPC) to the
household, as soon as possible. The notice must inform the household of
the ill-suited determination. In the case of an ABAWD who has been
determined ill-suited for an E&T component, the notice must notify the
ABAWD that regardless of the ill-suited determination, the ABAWD will
begin to accrue countable months toward their 3-month participation
time limit as of the date of the notice unless the ABAWD fulfills the
work requirements in accordance with Sec. 273.24. The notice must also
provide contact information for the State E&T program; and
(B) Take the most suitable action from among the following options:
(1) Refer the individual to an appropriate E&T program component in
accordance with paragraph (e)(1) of this section. Before making this
referral, the State agency must ensure the individual meets State
agency criteria for the E&T program in accordance with paragraph (c)(2)
of this section, and that it is appropriate to refer the individual to
an E&T component, considering the suitability of the individual for any
available E&T components. Any individual referred to an E&T component
must also receive case management services in accordance with paragraph
(e)(1) of this section;
(2) Refer the individual to an appropriate workforce partnership as
defined in paragraph (n) of this section, if available. Before making
this referral, the State agency must provide information about
workforce partnerships to assist the individual in making an informed
decision about whether to voluntarily participate in the workforce
partnership, in accordance with paragraph (n)(10) of this section;
(3) Reassess the physical and mental fitness of the individual. If
the individual is not found to be physically or mentally fit, the
individual is exempt from the work requirements in paragraph (a) of
this section. If the individual is found to be physically or mentally
fit, and the State agency determines the individual is not otherwise
exempt from the general work requirements in paragraph (a) of this
section, the State agency must consider if one of the other available
actions in paragraph (c)(18)(i)(B) of this section would be appropriate
for the individual; or
(4) Coordinate, to the maximum extent practicable, with other
Federal, State, or local workforce or assistance programs to identify
work opportunities or assistance for the individual.
(ii) From the time an E&T provider determines an individual is ill-
suited for an E&T component until after the State agency takes one of
the actions in paragraph (c)(18)(i)(B) of this section, the individual
shall not be found to have refused without good cause to participate in
mandatory E&T. From the time an E&T provider determines an ABAWD is
ill-suited for an E&T component, the ABAWD will begin to accrue
countable months toward their 3-month participation time limit unless
the ABAWD fulfills the work requirement in accordance with Sec.
273.24.
* * * * *
(d) * * *
(1) * * *
(iii) Additional allocations. If a State agency will not obligate
and expend all of the funds allocated to it for a fiscal year under
paragraph (d)(1)(i) of this section, FNS will reallocate the
unobligated, unexpended funds to other State agencies during the fiscal
year or subsequent fiscal year. FNS will allocate carryover funding to
meet some or all of the State agencies' requests, as it considers
appropriate and equitable in accordance with the following process:
(A) Not less than 50 percent shall be reallocated to State agencies
requesting funding to conduct employment and training programs and
activities for which the State agency had previously received funding
under the pilots authorized by the Agricultural Act of 2014 (Pub. L.
113-79) that FNS determines have the most demonstrable impact on the
ability of participants to find and retain employment that leads to
increased household income and reduced reliance on public assistance.
(B) Not less than 30 percent shall be reallocated to State agencies
requesting funding for E&T programs and activities under paragraph
(e)(1) or (2) of this section that FNS determines have the most
demonstrable impact on the ability of participants to find and retain
employment that leads to increased household income and reduced
reliance on public assistance, including activities targeted to:
(1) Individuals 50 years of age or older;
(2) Formerly incarcerated individuals;
[[Page 15331]]
(3) Individuals participating in a substance abuse treatment
program;
(4) Homeless individuals;
(5) People with disabilities seeking to enter the workforce;
(6) Other individuals with substantial barriers to employment,
including disabled veterans; or
(7) Households facing multi-generational poverty, to support
employment and workforce participation through an integrated and
family-focused approach in providing supportive services.
(C) State agencies who receive reallocated funds under paragraph
(d)(1)(iii)(A) of this section may also be considered to receive
reallocated funds under paragraph (d)(1)(iii)(B) of this section.
(D) The remaining funds not accounted for with the reallocations
specified in paragraph (d)(1)(iii)(A) or (B) of this section shall be
reallocated to State agencies requesting such funds for E&T programs
and activities under paragraph (e)(1) or (2) of this section that FNS
determines have the most demonstrable impact on the ability of
participants to find and retain employment that leads to increased
household income and reduced reliance on public assistance.
(E) State agencies requesting the reallocated funds specified in
paragraph (d)(1)(iii)(A), (B), or (D) of this section shall make their
request for those funds in their E&T State plans submitted for the
upcoming fiscal year. FNS will determine the amount of reallocated
funds each requesting State agency shall receive and provide the
reallocated funds to those State agencies within a timeframe that
allows each State agency to which funds are reallocated at least 270
days to expend the reallocated funds. When making the reallocations,
FNS will also consider the size of the request relative to the level of
the State agency's E&T spending in prior years, the specificity of the
State agency's plan for spending carryover funds, and the quality of
program and scope of impact for the State's E&T program.
(F) Unobligated, unexpended funds not reallocated in the process
specified in paragraph (d)(1)(iii)(E) of this section, shall be
reallocated to State agencies upon request for E&T programs and
activities under paragraph (e)(1) or (2) of this section that FNS
determines have the most demonstrable impact on the ability of
participants to find and retain employment that leads to increased
household income and reduced reliance on public assistance. In making
these reallocations FNS will also consider the size of the request
relative to the level of the State agency's E&T spending in prior
years, the specificity of the State agency's plan for spending
carryover funds, and the quality of program and scope of impact for the
State's E&T program.
* * * * *
(4) * * *
(v) The State agency must inform all mandatory E&T participants
that they may be exempted from E&T participation if their monthly
expenses that are reasonably necessary and directly related to
participation in the E&T program, including participation in case
management services and E&T components, exceed the allowable
reimbursement amount. * * *
(e) Employment and training programs. Work registrants not
otherwise exempted by the State agency are subject to the E&T program
participation requirements imposed by the State agency. Such
individuals are referred to in this section as E&T mandatory
participants or mandatory E&T participants. Mandatory E&T participants
who have been determined ill-suited for participation in an E&T
component in accordance with paragraph (c)(18)(i) of this section shall
not be subject to disqualification for refusal without good cause to
participate in mandatory E&T during the time specified in paragraph
(c)(18)(ii) of this section. Requirements may vary among participants.
Failure to comply without good cause with the requirements imposed by
the State agency will result in disqualification as specified in
paragraph (f)(2) of this section.
(1) Case management. The State E&T program must provide case
management services such as comprehensive intake assessments,
individualized service plans, progress monitoring, or coordination with
service providers which are provided to all E&T participants. The
purpose of case management services shall be to guide the participant
towards appropriate E&T components and activities based on the
participant's needs and interests, support the participant through the
E&T program, and to provide services that help the participant achieve
program goals. The provision of case management services must not be an
impediment to the participant's successful participation in E&T. In
addition, if the case manager determines a mandatory E&T participant
may meet an exemption from the requirement to participate in an E&T
program, the case manager must inform the appropriate State agency
staff. Also, if the case manager is unable to identify an appropriate
and available opening in an E&T component for a mandatory E&T
participant, the case manager must inform the appropriate State agency
staff.
(2) * * * In accordance with section 6(o)(1)(C) of the Food and
Nutrition Act of 2008 and Sec. 273.24, supervised job search and job
search training, when offered as components of an E&T program, are not
qualifying activities relating to the participation requirements
necessary to fulfill the ABAWD work requirement under Sec. 273.24.
However, job search, including supervised job search, or job search
training activities, when offered as part of other E&T program
components, are acceptable as long as those activities comprise less
than half the total required time spent in the components. * * *
(i) A supervised job search program. Supervised job search programs
are those that occur at State-approved locations at which the
activities of participants shall be directly supervised and the timing
and activities of participants tracked in accordance with guidelines
issued by the State agency and summarized in their E&T State plan in
accordance with paragraph (c)(6)(i) of this section. Job search that
does not meet the definition of supervised job search in the previous
sentence is allowed as a subsidiary activity of another E&T component,
so long as the job search activity comprises less than half of the
total required time spent in the component. The State agency may
require an individual to participate in supervised job search from the
time an application is filed for an initial period established by the
State agency. Following this initial period (which may extend beyond
the date when eligibility is determined) the State agency may require
an additional supervised job search period in any period of 12
consecutive months. The first such period of 12 consecutive months will
begin at any time following the close of the initial period. The State
agency may establish a supervised job search period that, in its
estimation, will provide participants a reasonable opportunity to find
suitable employment. The State agency should not, however, establish a
continuous, year-round supervised job search requirement. If a
reasonable period of supervised job search does not result in
employment, placing the individual in a training or education component
to improve job skills will likely be more productive. In accordance
with section 6(o)(1)(C) of the Food and Nutrition Act of 2008 and Sec.
273.24, a supervised job search program is not a qualifying E&T
activity relating to the participation
[[Page 15332]]
requirements necessary to maintain SNAP eligibility for ABAWDs.
However, a job search program, supervised or otherwise, when operated
under title I of the Workforce Innovation and Opportunity Act (WIOA),
under section 236 of the Trade Act, or a program of employment and
training for veterans operated by the Department of Labor or the
Department of Veterans Affairs, is considered a qualifying activity
relating to the participation requirements necessary to maintain SNAP
eligibility for ABAWDs.
(ii) A job search training program that includes reasonable job
search training and support activities. Such a program may consist of
employability assessments, training in techniques to increase
employability, job placement services, or other direct training or
support activities, including educational programs determined by the
State agency to expand the job search abilities or employability of
those subject to the program. Job search training activities are
approvable if they directly enhance the employability of the
participants. A direct link between the job search training activities
and job-readiness must be established for a component to be approved.
In accordance with section 6(o)(1)(C) of the Food and Nutrition Act of
2008 and Sec. 273.24, a job search training program is not a
qualifying activity relating to the participation requirements
necessary to maintain SNAP eligibility for ABAWDs. However, such a
program, when operated under title I of WIOA, under section 236 of the
Trade Act, or a program of employment and training for veterans
operated by the Department of Labor or the Department of Veterans
Affairs, is considered a qualifying activity relating to the
participation requirements necessary to maintain SNAP eligibility for
ABAWDs.
* * * * *
(iv) A work experience program designed to improve the
employability of household members through actual work experience or
training, or both, and to enable individuals employed or trained under
such programs to move promptly into regular public or private
employment. Work experience is a planned, structured learning
experience that takes place in a workplace for a limited period of
time. Work experience may be paid or unpaid, as appropriate and
consistent with other laws such as the Fair Labor Standards Act. Work
experience may be arranged within the private for-profit sector, the
non-profit sector, or the public sector. Labor standards apply in any
work experience setting where an employee/employer relationship, as
defined by the Fair Labor Standards Act, exists.
(A) A work experience program may include:
(1) A work activity performed in exchange for SNAP benefits that
provides an individual with an opportunity to acquire the general
skills, knowledge, and work habits necessary to obtain employment. The
purpose of work activity is to improve the employability of those who
cannot find unsubsidized full-time employment.
(2) A work-based learning program, which, for the purposes of SNAP
E&T, are sustained interactions with industry or community
professionals in real world settings to the extent practicable, or
simulated environments at an educational institution that foster in-
depth, firsthand engagement with the tasks required in a given career
field, that are aligned to curriculum and instruction. Work-based
learning emphasizes employer engagement, includes specific training
objectives, and leads to regular employment. Work-based learning can
include internships, pre-apprenticeships, apprenticeships, customized
training, transitional jobs, incumbent worker training, and on-the-job
training as defined under WIOA. Work-based learning can include both
subsidized and unsubsidized employment models.
(B) A work experience program must:
(1) Not provide any work that has the effect of replacing the
employment of an individual not participating in the employment or
training experience program; and
(2) Provide the same benefits and working conditions that are
provided at the job site to employees performing comparable work for
comparable hours.
* * * * *
(viii) * * * State agencies must make a good faith effort to
provide job retention services for at least 30 days. ***
(ix) Programs and activities conducted under the pilots authorized
by the Agricultural Act of 2014 (Pub. L. 113-79) that the Secretary
determines, based on the results from the independent evaluations
conducted for those pilots, have the most demonstrable impact on the
ability of participants to find and retain employment that leads to
increased household income and reduced reliance on public assistance.
* * * * *
(5) * * *
(iii) Voluntary participants are not subject to the limitations
specified in paragraph (e)(4) of this section.
* * * * *
(i) * * *
(4) Good cause includes the good cause provisions in paragraph
(i)(2) of this section as well as circumstances where the State agency
determines that there is not an appropriate and available opening
within the E&T program to accommodate the mandatory participant. Good
cause for circumstances where there is not an appropriate or available
opening within the E&T program shall extend until the State agency
identifies an appropriate and available E&T opening, and the State
agency informs the SNAP participant. In addition, good cause for
circumstances where there is not an appropriate and available opening
within the E&T program shall only apply to the requirement to
participate in E&T and shall not provide good cause to ABAWDs who fail
to fulfill their ABAWD work requirements in accordance with Sec.
273.24.
* * * * *
(n) Workforce partnerships. Workforce partnerships must meet the
following requirements:
(1) Workforce partnerships are programs operated by:
(i) A private employer, an organization representing private
employers, or a nonprofit organization providing services relating to
workforce development; or
(ii) An entity identified as an eligible provider of training
services under section 122(d) of WIOA (29 U.S.C. 3152(d)).
(2) Workforce partnerships may include multi-State programs.
(3) Workforce partnerships must be in compliance with the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as applicable.
(4) All workforce partnerships must be certified by the Secretary
or by the State agency to the Secretary to indicate all of the elements
in paragraphs (n)(4)(i) through (v) of this section. The workforce
partnership must:
(i) Assist SNAP households in gaining high-quality, work-relevant
skills, training, work, or experience that will increase the ability of
the participants to obtain regular employment;
(ii) Provide participants with not less than 20 hours per week,
averaged monthly of training, work, or experience; for the purposes of
this paragraph (n)(4)(ii), 20 hours a week averaged monthly means 80
hours a month;
(iii) Not use any funds authorized to be appropriated under the
Food and Nutrition Act of 2008;
(iv) Provide sufficient information to the State agency, on
request, to determine whether members of SNAP
[[Page 15333]]
households who are subject to the work requirement in paragraph (a) of
this section, the ABAWD work requirements in Sec. 273.24, or both are
fulfilling the work requirement through the workforce partnership; and
(v) Be willing to serve as a reference for participants who are
members of SNAP households for future employment or work-related
programs.
(5) In certifying that a workforce partnership meets the criteria
in paragraphs (n)(4)(i) and (ii) of this section to be certified as a
workforce partnership, the Secretary or the State agency shall require
that the program submit to the Secretary or the State agency sufficient
information that describes both:
(i) The services and activities of the program that would provide
participants with not less than 20 hours per week of training, work, or
experience; and
(ii) How the workforce partnership would provide services and
activities described in paragraph (n)(5)(i) of this section that would
directly enhance the employability or job readiness of the participant.
(6)(i) Workforce partnerships may not use any funds authorized to
be appropriated by the Food and Nutrition Act of 2008.
(ii) If a member of a SNAP household is required to participate in
an employment and training program in accordance with paragraph
(a)(1)(ii) of this section, the State shall consider an individual
participating in a workforce partnership certified in accordance with
paragraph (n)(4) of this section to be in compliance with the
employment and training requirements. The State agency cannot
disqualify an individual for no longer participating in a workforce
partnership. When a State agency learns that an individual is no longer
participating in a workforce partnership, and the individual had been
subject to mandatory E&T in accordance with paragraph (a)(1)(ii) of
this section, the State agency must re-screen the individual to
determine if the individual qualifies for an exemption from the work
requirements in accordance with paragraph (b) of this section, and re-
screen the individual to determine if the individual meets State
criteria for referral to an E&T program or component in accordance with
paragraph (c)(2) of this section. After this re-screening, if it is
appropriate to require the individual to participate in an E&T program,
the State agency may refer the individual to an E&T program or
workforce partnership, as applicable.
(7) A state agency may use a workforce partnership to supplement,
not to supplant, the employment and training program of the State
agency.
(8) Workforce partnerships certified in accordance with paragraph
(n)(4) of this section are included in the definition of a work program
under Sec. 273.24(a)(3) for the purposes of fulfilling the ABAWD work
requirement.
(9) The State agency shall not require any member of a household
participating in SNAP to participate in a workforce partnership.
(10) A State agency shall maintain a list of workforce partnerships
certified in accordance with paragraph (n)(4) of this section, and
provide this list not less frequently than at certification and
recertification to a household member subject to the work requirements
in paragraph (a) of this section or Sec. 273.24. The State agency must
provide the list electronically or by other means. The list should
include information that would assist the household member to make an
informed decision about participating in a workforce partnership,
including the following information, if available: Contact information
for the workforce partnership, the types of activities the participant
would be engaged in through the workforce partnership, screening
criteria used by the workforce partnership to select individuals, the
location of the workforce partnership, the work schedule or schedules,
any special skills required to participate, and wage and benefit
information, if applicable.
(11) Participation in a workforce partnership shall not replace the
employment or training of an individual not participating in a
workforce partnership.
(12) A workforce partnership may select individuals for
participation in the workforce partnership who may or may not meet the
criteria for the general work requirement at paragraph (a) of this
section, including participation in E&T, or the ABAWD work requirement
at Sec. 273.24(a)(1).
(13) Workforce partnership reporting requirements to the State
agency are limited to the following:
(i) On notification that an individual participating in the
workforce partnership is receiving SNAP benefits, notifying the State
agency that the individual is participating in a workforce partnership;
(ii) Identifying participants who have completed or are no longer
participating in the workforce partnership;
(iii) Identifying changes to the workforce partnership that result
in the workforce partnership no longer meeting the certification
requirements in accordance with paragraph (n)(4) of this section; and
(iv) Providing sufficient information, on request by the State
agency, for the State agency to verify that a participant is fulfilling
the applicable work requirements in paragraph (a) of this section or
Sec. 273.24.
0
5. In Sec. 273.14, add paragraph (b)(5) to read as follows:
Sec. 273.14 Recertification.
* * * * *
(b) * * *
(5) Advisement. (i) At the time of recertification, the State
agency shall advise household members subject to the work requirements
of Sec. 273.7(a) who reside in households meeting the criteria in
paragraph (b)(5)(ii) of this section of available employment and
training services. This shall include, at a minimum, providing a list
of available employment and training services electronically or in
printed form to the household.
(ii) The State agency requirement in paragraph (b)(5)(i) of this
section only applies to households that meet all of the following
criteria, as most recently reported by the household:
(A) Contain a household member subject to the work requirements of
Sec. 273.7(a);
(B) Contain at least one adult;
(C) Contain no elderly or disabled individuals; and
(D) Have no earned income.
* * * * *
0
6. In Sec. 273.24:
0
a. Revise paragraph (a)(3)(i);
0
b. Amend paragraph (a)(3)(ii) by removing the word ``or'' at the end of
the paragraph;
0
c. Revise paragraph (a)(3)(iii);
0
d. Add paragraphs (a)(3)(iv) and (v);
0
e. Revise paragraph (b)(2);
0
f. Add paragraph (b)(8);
0
g. Amend paragraph (g) heading by removing the text ``15 percent'' and
adding in its place the word ``Discretionary'';
0
h. Amend paragraph (g)(1) by removing the text ``15 percent exemption''
and adding in its place the words ``discretionary exemptions''; and
0
i. Amend paragraph (g)(3) by removing the number ``15'' and adding in
its place the number ``12''.
The revisions and additions read as follows:
Sec. 273.24 Time limit for able-bodied adults.
(a) * * *
(3) * * *
(i) A program under title I of the Workforce Innovation and
Opportunity Act (WIOA) (Pub. L.113-128);
* * * * *
(iii) An employment and training program operated or supervised by
a
[[Page 15334]]
State or political subdivision of a State agency that meets standards
approved by the Chief Executive Office, including a SNAP E&T program
under Sec. 273.7(e) excluding any job search, supervised job search,
or job search training program. However, a program under this paragraph
(a)(3)(iii) may contain job search, supervised job search, or job
search training as subsidiary activities as long as such activity is
less than half the requirement. Participation in job search, supervised
job search, or job search training as subsidiary activities that make
up less than half the requirement count for purposes of fulfilling the
work requirement under Sec. 273.35(a)(1)(ii);
(iv) A program of employment and training for veterans operated by
the Department of Labor or the Department of Veterans Affairs. For the
purpose of this paragraph (a)(3)(iv), any employment and training
program of the Department of Labor or Veterans Affairs that serves
veterans shall be an approved work program; or
(v) A workforce partnership under Sec. 273.7(n).
* * * * *
(b) * * *
(2) Good cause. As determined by the State agency, if an individual
would have fulfilled the work requirement as defined in paragraph
(a)(1) of this section, but missed some hours for good cause, the
individual shall be considered to have fulfilled the work requirement
if the absence from work, the work program, or the workfare program is
temporary and the individual retains his or her job, training or
workfare slot. Good cause shall include circumstances beyond the
individual's control, such as, but not limited to, illness, illness of
another household member requiring the presence of the member, a
household emergency, or the unavailability of transportation. In
addition, if the State agency grants an individual good cause under
Sec. 273.7(i) for failure or refusal to meet the mandatory E&T
requirement in Sec. 273.7, that good cause determination confers good
cause under this paragraph (b)(2), except in the case of Sec.
273.7(i)(4), without the need for a separate good cause determination
under this paragraph (b)(2). Good cause granted under Sec. 273.7(i)(4)
only provides good cause to ABAWDs for failure or refusal to
participate in a mandatory SNAP E&T program, and does not confer good
cause for failure to fulfill the work requirement as defined in
paragraph (a)(1) of this section.
* * * * *
(8) Advisement. The State agency shall inform all ABAWDs of the
ABAWD work requirement and time limit both in writing and orally in
accordance with Sec. 273.7(c)(1)(ii).
* * * * *
Dated: March 3, 2020.
Sonny Perdue,
Secretary of Agriculture, United States Department of Agriculture.
[FR Doc. 2020-04821 Filed 3-16-20; 8:45 am]
BILLING CODE 3410-30-P