Rule2022-12748
Supplemental Nutrition Assistance Program: Civil Rights Update to the Federal-State Agreement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 14, 2022
Effective
August 15, 2022
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
This final rule updates the Supplemental Nutrition Assistance Program (SNAP) civil rights assurance template language for the Federal-State Agreement. These updates do not contain any new requirements and would codify protections already required by Federal law and existing policy.
Full Text
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<title>Federal Register, Volume 87 Issue 114 (Tuesday, June 14, 2022)</title>
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[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Rules and Regulations]
[Pages 35855-35858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12748]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Rules
and Regulations
[[Page 35855]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 272
[FNS-2016-0078]
RIN 0584-AE56
Supplemental Nutrition Assistance Program: Civil Rights Update to
the Federal-State Agreement
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Final rule.
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SUMMARY: This final rule updates the Supplemental Nutrition Assistance
Program (SNAP) civil rights assurance template language for the
Federal-State Agreement. These updates do not contain any new
requirements and would codify protections already required by Federal
law and existing policy.
DATES: This rule is effective August 15, 2022.
FOR FURTHER INFORMATION CONTACT: Certification Policy Branch, Program
Development Division, FNS, 1320 Braddock Place, Alexandria, Virginia
22314. <a href="/cdn-cgi/l/email-protection#0a59444b5a495a48587f666f794a7f796e6b246d657c"><span class="__cf_email__" data-cfemail="194a5758495a495b4b6c757c6a596c6a7d78377e766f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
This final rule updates the SNAP Federal-State Agreement (FSA)
civil rights assurance language to reflect protections already required
by Federal law. The FSA is the legal agreement between the Department
of Agriculture (the Department) and the State agency by which the State
elects to operate SNAP, doing so in accordance with the Food and
Nutrition Act of 2008 (the Act), SNAP regulations, the State Plan of
Operation (State Plan), civil rights laws, and civil rights
regulations. The Act requires that each State operating SNAP have a
State Plan specifying details as to how the State conducts the program.
The State Plan contains forms, plans, agreements, policy descriptions,
and policy options required by Federal regulation and is cleared under
OMB No. 0584-0083, Expiration date 08/31/2023. Program requirements at
7 CFR 272.2(a)(2) include the FSA as one such required component of the
State Plan.
Although the State agency may propose alternative language that
both the Department and the State agency may mutually agree to modify
or supplement, requirements at 7 CFR 272.2(b)(1) contain standard FSA
language for State agencies operating SNAP. As a Federal program, civil
rights protections for SNAP applicants and recipients are important and
essential. Codifying civil rights protections is vital to the success
of SNAP because it supports the Department in providing equitable and
superior customer service to all SNAP applicants and recipients. The
protections included in this rule will prevent discrimination and
systemic racism in the SNAP program that could negatively impact
program access and outcomes. Integrating additional civil rights
language into the FSA ensures a consistent application of these
practices across the program. On November 17, 2016, at (81 FR 81015)
the Department proposed a revision to the standard FSA language at 7
CFR 272.2(b)(1) in order to update this critical language to codify
protections already required by Federal law and existing policy. The
Department received five comments on the proposed rule. Two comments
were outside the scope of this rulemaking and the remaining three were
strongly supportive of the proposed changes. The supportive comments
agreed with FNS' actions to strengthen civil rights protections in
SNAP.
Since standard FSA language was first established in SNAP
regulations, Congress has passed additional civil rights legislation
and more uniform administrative procedures have been established to
support effective enforcement of the civil rights protections. Further,
the U.S. Department of Justice (DOJ) recommended the addition of
updated references in the Department's civil rights-related materials.
The Department understands that similar language has been incorporated
into agreements in other Federal agencies and has incorporated similar
language in agreements in the Department's Child Nutrition Program and
Women, Infants and Children (WIC) program, and Food Distribution
programs. The Department also notes, by way of background, that the FSA
in SNAP is unique within the Department's programs in that most other
comparable agreements are not contained in the Federal regulations but
in forms formally approved by the Office of Management and Budget
(OMB).
This final rule incorporates references to additional civil rights
legislation into the standard FSA language at section 272.2. Those
references include Title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), Title II and Title III of the Americans with
Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of
2008 (42 U.S.C. 12131-12189), and Executive Order 13166, ``Improving
Access to Persons with Limited English Proficiency.'' This final rule
will incorporate those provisions into the regulations at 7 CFR
272.2(b)(1). The Department received no adverse comments on these
revisions and is finalizing as proposed.
The Department also proposed to include language that would require
States to comply with Department instructions, policy guidance, and
other written directions. Departmental instructions, policy guidance,
and written directions derive from statutory and regulatory authority
and clarify existing legal requirements. Referencing those materials in
the regulation is unnecessary, therefore the Department is removing
such language. Therefore, the Department is not including reference to
Department instructions, policy guidance, and other written directions
in 7 CFR 272.2(b)(1).
In addition to updating the template language with references to
additional civil rights legislation, the proposed rule identified
additional language for inclusion based upon DOJ's recommendations.
This includes denoting the Department's ability to track, analyze, and
enforce the civil rights protections denoted in the FSA. Within these
changes, the Department proposed to add that the State agency agreeing
to follow civil rights requirements in the FSA is made in consideration
of and for the purposes of obtaining Federal financial assistance.
Next, the rule proposed to incorporate
[[Page 35856]]
the State agency's existing obligation to compile data, maintain
records, and submit records and reports as required to allow for
effective enforcement of the civil rights provisions. This would
include an assurance to allow Department personnel to review and access
records, access facilities and interview personnel to ascertain
compliance with nondiscrimination laws. Finally, the rule proposed to
codify procedures to support enforcement of the nondiscrimination
protections by updating the FSA to include a provision that the
Department may seek judicial enforcement for violations of the FSA,
adding assurances that the State agency and its successors are bound by
the FSA. Again, these provisions would not only be responsive to DOJ's
suggestions regarding nondiscrimination compliance language but also
mirror language in other USDA programs. The Department received no
adverse comments on these revisions and is finalizing as proposed.
FSAs, once signed by the chief executive officer of a State or
authorized designee, are valid under 7 CFR 272.2(e)(1) until they are
terminated. The Department will now refer to the ``chief executive
officer of a State'' as the FSA signatory in 7 CFR 272.2(b)(1), in lieu
of the term ``Governor.'' While not originally included in the proposed
rule, the Department is making this technical change to SNAP
regulations in this final rule to account for the District of
Columbia's governance structure. Section 272.2(e)(1) also provides that
the FSA must be signed and submitted to FNS within 120 days after the
publication of the regulations in final form and shall remain in effect
until terminated. Although initially included in the regulations with
other regulatory FSA requirements, the same procedure would apply to
this update. Given the publication date of this final rule, all State
agencies will update this language in the FSA at the time of their next
State Plan submission and provide a copy of the same to the Department
within 120 days of the effective date. Although State agencies are
already required to abide by the new civil rights language as stated
above, the Department believes it is important to incorporate the
updated language at section 272.2(b)(1) in the FSA itself.
Procedural Matters
Executive Order 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
This final rule has been determined to be not significant and was
not reviewed by the Office of Management and Budget (OMB) in
conformance with Executive Order 12866.
Regulatory Impact Analysis
This rule has been designated as not significant by the Office of
Management and Budget (OMB), therefore, no Regulatory Impact Analysis
is required.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies
to analyze the impact of rulemaking on small entities and consider
alternatives that would minimize any significant impacts on a
substantial number of small entities. Pursuant to that review, it has
been certified that this rule would not have a significant impact on a
substantial number of small entities. This final rule would not have an
impact on small entities because the changes required by the
regulations are primarily directed toward State agencies operating SNAP
programs.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a `major rule' as defined by 5 U.S.C. 804(2).
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, the
Department generally must prepare a written statement, including a cost
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local or tribal
governments, in the aggregate, or the private sector, of $100 million
or more in any one year. When such a statement is needed for a rule,
section 205 of the UMRA generally requires the Department to identify
and consider a reasonable number of regulatory alternatives and adopt
the most cost effective or least burdensome alternative that achieves
the objectives of the rule.
This final rule does not contain Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local and
tribal governments or the private sector of $100 million or more in any
one year. Thus, the rule is not subject to the requirements of sections
202 and 205 of the UMRA.
Executive Order 12372
State administrative matching grants for SNAP are listed in the
Catalog of Federal Domestic Assistance Programs under 10.561. For the
reasons set forth in the final rule in 7 CFR part 3015, subpart V, and
related Notice (48 FR 29114, June 24, 1983), this program is included
in the scope of Executive Order 12372, which requires intergovernmental
consultation with State and local officials. The Department issued
guidance in June 2016 to State agencies, and continues to do so
annually, as part of a larger effort to help States ensure their State
Plans are complete and up to date, which in part included direction to
State agencies to incorporate updated civil rights provisions as an
addendum to existing FSAs.
Federalism Summary Impact Statement
Executive Order 13132 requires Federal agencies to consider the
impact of their regulatory actions on State and local governments.
Where such actions have federalism implications, agencies are directed
to provide a statement for inclusion in the preamble to the regulations
describing the agency's considerations in terms of the three categories
called for under section (6)(b)(2)(B) of Executive Order 13132.
The Department has considered the impact of this rule on State and
local governments and has determined that this rule does not have
significant federalism implications. State agencies will be required to
update the standard language contained in FSAs once if they have not
already incorporated updated civil rights provisions through an
addendum to their existing FSA. Therefore, under section 6(b) of the
Executive Order, a federalism summary is not required.
Executive Order 12988, Civil Justice Reform
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is intended to have preemptive effect
with respect to any State or local laws, regulations or policies that
conflict with its provisions or that would otherwise impede its full
and timely implementation. This rule is not intended to have
retroactive effect.
[[Page 35857]]
Civil Rights Impact Analysis
FNS has reviewed the final rule, in accordance with Department
Regulation 4300-004, Civil Rights Impact Analysis, to identify and
address any major civil rights impacts the final rule might have on
minorities, women, and persons with disabilities. The changes to SNAP
regulations in this final rule are to incorporate references to
additional civil rights legislation into the standard FSA language.
After careful review of the rule's intent and provisions, FNS believes
that the promulgation of this final rule will incorporate the State
agency's existing obligation within FSAs. Additionally, the rule will
likely result in improved, equitable, and superior customer service to
all SNAP applicants and recipients.
Executive Order 13175
Executive Order 13175 requires Federal agencies to consult and
coordinate with Tribes on a government-to-government basis on policies
that have Tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
The Department notes that the regulatory changes finalized in this
rule impact program applicants and participants equally regardless of
Tribal status or residence. The Department is unaware of any current
Tribal laws that could be in conflict with the final rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR
1320) requires the Office of Management and Budget (OMB) approve all
collections of information by a Federal agency before they can be
implemented. Respondents are not required to respond to any collection
of information unless it displays a current valid OMB control number.
The provisions in this final rule do not contain new, revised or
altered information collection requirements subject to approval by OMB
under the Paperwork Reduction Act of 1995. The Department anticipates
that this rule would have no to minimal time and cost impacts on the
Federal Government and State agencies. State agencies are already
required to follow the requirements contained in the added
nondiscrimination references. Any existing time and cost burden would
be related to administrative obligations to sign an updated Federal-
State Agreement and to ensure appropriate recordkeeping to support
enforcement of the nondiscrimination provisions as cleared under OMB
Control Number 0584-0083; Expiration Date: 08/2023. FNS provides 50
percent of SNAP's administrative cost reimbursement and so a portion of
any minimal administrative costs would be offset by federal funding.
Since State agencies are already required to have these agreements,
the impact of this provision is insignificant to the reporting or
recordkeeping burden activities required under the Paperwork Reduction
Act and therefore will not change the burden estimates already approved
under OMB Number 0584-0083; Expiration Date: 08/2023. If FNS determines
estimates have increased significantly, the Agency will publish a 60-
day Federal Register Notice to seek OMB approval. Other minimal burdens
imposed on State agencies by implementation of this final rule are
usual and customary within the course of their normal business
activities.
E-Government Act Compliance
The Department is committed to complying with the E-Government Act
of 2002, to promote the use of the internet and other information
technologies to provide increased opportunities for citizen access to
Government information and services, and for other purposes.
List of Subjects in 7 CFR Part 272
Alaska, Civil rights, Supplemental Nutrition Assistance Program,
Grant programs--social programs, Penalties, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 272 is
amended as follows:
PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES
0
1. The authority citation for part 272 continues to read as follows:
Authority: 7 U.S.C. 2011-2036.
0
2. Amend Sec. 272.2 by revising paragraph (b)(1) to read as follows
Sec. 272.2 Plan of Operation.
* * * * *
(b) * * *
(1) The wording of the Federal/State Agreement is as follows:
The SNAP State agency of ___ and the Food and Nutrition Service
(FNS), U.S. Department of Agriculture (USDA), hereby agree to act in
accordance with the provisions of the Food and Nutrition Act of 2008,
as amended, implementing regulations and the FNS approved State Plan of
Operation. The State agency and FNS USDA further agree to fully comply
with any changes in Federal law and regulations. This agreement may be
modified with the mutual written consent of both parties.
Provisions
The State agrees to:
1. Administer the program in accordance with the provisions
contained in the Food and Nutrition Act of 2008, as amended, and in the
manner prescribed by regulations issued pursuant to the Act; and to
implement the FNS-approved State Plan of Operation.
2. Assurance of Civil Rights Compliance: Comply with Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination
Act of 1975 (42 U.S.C. 6101 et seq.), section 11(c) of the Food and
Nutrition Act of 2008, as amended (7 U.S.C. 2020), Title II and Title
III of the Americans with Disabilities Act (ADA) of 1990 as amended by
the ADA Amendments Act of 2008 (42 U.S.C. 12131-12189) as implemented
by Department of Justice regulations at 28 CFR part 35 and 36,
Executive Order 13166, ``Improving Access to Services for Persons with
Limited English Proficiency'' (August 11, 2000), and all requirements
imposed by the regulations issued by the Department of Agriculture to
the effect that, no person in the United States shall, on the grounds
of sex, including gender identity and sexual orientation, race, color,
age, political belief, religious creed, disability, or national origin,
be excluded from participation in, be denied the benefits of, or be
otherwise subject to discrimination under SNAP. This includes program-
specific requirements found at 7 CFR part 15 et seq. and 7 CFR 272.6.
This assurance is given in consideration of and for the purpose of
obtaining any and all Federal assistance extended to the State by USDA
under the authority of the Food and Nutrition Act of 2008, as amended.
Federal financial assistance includes grants, and loans of Federal
funds; reimbursable expenditures, grants, or donations of Federal
property and interest in property; the detail of Federal personnel; the
sale, lease of, or permission to use Federal property or interest in
such property; the furnishing of services without consideration, or at
[[Page 35858]]
a nominal consideration, or at a consideration that is reduced for the
purpose of assisting the recipient or in recognition of the public
interest to be served by such sale, lease, or furnishing of services to
the recipient; or any improvements made with Federal financial
assistance extended to the State by USDA. This assistance also includes
any Federal agreement, arrangement, or other contract that has as one
of its purposes the provision of cash assistance for the purchase of
food, cash assistance for purchase or rental of food service equipment
or any other financial assistance extended in reliance on the
representations and agreements made in this assurance.
By accepting this assurance, the State agency agrees to compile
data, maintain records, and submit records and reports as required, to
permit effective enforcement of nondiscrimination laws and permit
authorized USDA personnel during hours of program operation to review
and copy such records, books, and accounts, access such facilities and
interview such personnel as needed to ascertain compliance with the
nondiscrimination laws. If there are any violations of this assurance,
USDA, FNS, shall have the right to seek judicial enforcement of this
assurance. This assurance is binding on the State agency, its
successors, transferees and assignees as long as it receives assistance
or retains possession of any assistance from USDA. The person or
persons whose signatures appear below are authorized to sign this
assurance on behalf of the State agency.
3. (For States with Indian Reservations only). Implement the
Program in a manner that is responsive to the special needs of American
Indians on reservations and consult in good faith with tribal
organizations about that portion of the State's Plan of Operation
pertaining to the implementation of the Program for members of the
tribe on reservations.
4. FNS agrees to: 1. Pay administrative costs in accordance with
the Food and Nutrition Act of 2008, implementing regulations, and an
approved Cost Allocation Plan.
2. Carry out any other responsibilities delegated by the Secretary
in the Food and Nutrition Act of 2008, as amended.
Date-------------------------------------------------------------------
Signature--------------------------------------------------------------
(Chief Executive Officer of a State or Authorized Designee)
Date-------------------------------------------------------------------
Signature--------------------------------------------------------------
(Regional Administrator, FNS)
* * * * *
Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2022-12748 Filed 6-13-22; 8:45 am]
BILLING CODE 3410-30-P
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