Proposed Rule2021-12183
Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP); Withdrawal
Primary source
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Published
June 10, 2021
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
This document informs the public that the Food and Nutrition Service (FNS) of the U.S. Department of Agriculture (USDA) is withdrawing the proposed rule titled Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP) that published in the Federal Register on July 24, 2019. This rule would have refined how receipt of the Temporary Assistance for Needy Families (TANF) benefits may confer categorical eligibility for SNAP. The rule would have also required State agencies to include in their SNAP State Plan of Operations all non-cash TANF benefits and certain cash TANF benefits that confer categorical eligibility. After reviewing and considering the comments received, the proposed rule is being withdrawn.
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<title>Federal Register, Volume 86 Issue 110 (Thursday, June 10, 2021)</title>
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[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Proposed Rules]
[Pages 30795-30796]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12183]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 /
Proposed Rules
[[Page 30795]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 272 and 273
[FNS-2018-0037]
RIN 0584-AE62
Revision of Categorical Eligibility in the Supplemental Nutrition
Assistance Program (SNAP); Withdrawal
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Withdrawal of proposed rule.
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SUMMARY: This document informs the public that the Food and Nutrition
Service (FNS) of the U.S. Department of Agriculture (USDA) is
withdrawing the proposed rule titled Revision of Categorical
Eligibility in the Supplemental Nutrition Assistance Program (SNAP)
that published in the Federal Register on July 24, 2019. This rule
would have refined how receipt of the Temporary Assistance for Needy
Families (TANF) benefits may confer categorical eligibility for SNAP.
The rule would have also required State agencies to include in their
SNAP State Plan of Operations all non-cash TANF benefits and certain
cash TANF benefits that confer categorical eligibility. After reviewing
and considering the comments received, the proposed rule is being
withdrawn.
DATES: As of June 10, 2021, the proposed rule published on July 24,
2019, at 84 FR 35570, is officially withdrawn.
ADDRESSES: SNAP Program Development Division, Food and Nutrition
Service, USDA, 1320 Braddock Place, Alexandria, Virginia 22314.
FOR FURTHER INFORMATION CONTACT: Program Design Branch, Program
Development Division, FNS, 1320 Braddock Place, Alexandria, Virginia
22314. <a href="/cdn-cgi/l/email-protection#20736e617070646272554c455360555344410e474f56"><span class="__cf_email__" data-cfemail="ecbfa2adbcbca8aebe9980899fac999f888dc28b839a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The decision to withdraw the proposed rule
and maintain the current categorical eligibility regulations is
authorized by section 5(a) of the Food and Nutrition Act of 2008, as
amended (the Act), which provides that households in which each member
receives benefits under a State program funded under part A of Title IV
of the Social Security Act (SSA) (also known as Temporary Assistance
for Needy Families (TANF) block grants) \1\ shall be categorically
eligible for the Supplemental Nutrition Assistance Program (SNAP). This
action withdraws a proposed rule published in the Federal Register on
July 24, 2019, (84 FR 35570), which would have revised how receipt of
TANF benefits may confer categorical eligibility for SNAP.
Specifically, the proposed rule would have limited the TANF
``benefits'' that may confer categorical eligibility to ``ongoing'' and
``substantial'' benefits. The proposed rule defined ``ongoing''
benefits as those that a household receives or is authorized to receive
for a period of at least six months and ``substantial'' benefits as
those valued at a minimum of $50 per month. The proposed rule also
limited the types of non-cash TANF benefits conferring categorical
eligibility to those that focus on subsidized employment, work
supports, and childcare. Finally, the proposed rule would have required
State agencies to inform FNS of all non-cash TANF benefits that confer
categorical eligibility. The proposed rule would have cost $2.314
billion in administrative expenses between 2019-2023 and resulted in
3.1 million individuals in 1.7 million households losing SNAP
eligibility in Fiscal Year 2020.
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\1\ State programs funded under part A of Title IV of the SSA
include programs funded by Federal TANF block grant funds, as well
as programs funded by State maintenance-of-effort (MOE) dollars that
allow a State to receive Federal TANF block grant funds. For
simplicity, this notice of withdrawal will refer to all State
programs funded under part A of Title IV of the SSA as ``TANF-funded
programs,'' and to benefits from such programs as ``TANF benefits.''
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During the proposed rule's 60-day comment period, nearly 158,000
comments were received. All the comments may be viewed by going to
<a href="http://www.regulations.gov">http://www.regulations.gov</a> and searching for public submissions under
docket number FNS-2018-0037. The comments came from a broad range of
stakeholders and generally opposed the proposed rule. Commenters
opposed the rule largely due to concerns about the potential impacts on
food insecurity, particularly among children, veterans, individuals
with disabilities, and the elderly. Others expressed concerns that the
proposed rule would discourage savings and make it more difficult for
households to become financially self-sufficient and have adverse
economic impacts for communities. Commenters largely opposed the
proposed ongoing and substantial criteria, arguing that the criteria
would have undermined the Department's stated goal of the supporting
self-sufficiency, in addition to creating administrative burdens for
State agencies and unnecessary barriers to program participation for
applicants. Numerous commenters expressed concerns about the legality
of the framework of the proposed rule.
Commenters claimed the Department did not provide valid
justifications for the changes proposed, identify any evidence to
support the need for a regulatory change, or adequately explain its
decision-making. Many commenters argued that the proposed rule was
arbitrary and capricious.
More specifically, many commenters responded to concerns raised in
the proposed rule regarding the impact of expanded categorical
eligibility on SNAP program integrity. These commenters disputed the
proposed rule's assertion that States have abused the flexibility
offered by categorical eligibility, writing that States have been
responsible and methodical stewards of SNAP. Commenters also wrote that
the proposed changes went well beyond shoring up the integrity of the
program and were intended to reduce SNAP benefits. Several commenters
suggested that the program integrity concerns cited in the proposed
rule were unwarranted since all households are required to submit and
verify income and other eligibility information to determine the SNAP
benefit allotment.
Withdrawal
After reviewing and considering the comments received, the
Department has determined that the proposed rule to revise categorical
eligibility should not be finalized. In withdrawing this proposed rule,
the Department reaffirms its longstanding categorical eligibility
policy, codified in regulations at 7 CFR 273.2(j). The Department has
[[Page 30796]]
determined that the proposed revisions did not sufficiently justify the
impact on the estimated 1.7 million SNAP households that would have
lost eligibility under the rule and did not adequately mitigate the
disproportionate impact the rule would have had on households with an
elderly member. Additionally, the Deparment has determined that the
proposed changes and concerns raised regarding program integrity were
not adequately supported by data and do not justify the costs to State
agencies of implementing the change.
In withdrawing this proposed rule, the Department reaffirms the
purpose of categorical eligibility to simplify the SNAP application
process for both SNAP State agencies and households by reducing the
amount of information that must be verified if a household has already
been determined eligible to receive benefits from another assistance
program specified in Sec. 5(a) of the Act. Beginning in 2009, the
Department proactively encouraged States to implement expanded
categorical eligibility policies in order to increase SNAP
participation and reduce State administrative burdens. The Department
acknowledges that the flexibility afforded by expanded categorical
eligibility policies are critical to reducing the burden on needy
households and State agencies administering benefit programs.
The Department agrees with the issues raised by many commenters and
no longer believes that the limitations the proposed rule would have
put on categorical eligibility are appropriate. Accordingly, the
proposed rule to revise categorical eligibility for SNAP published in
the Federal Register on July 24, 2019, (84 FR 35570) is hereby
withdrawn.
Cynthia Long,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2021-12183 Filed 6-9-21; 8:45 am]
BILLING CODE 3410-30-P
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