Agency Information Collection Activities: Supplemental Nutrition Assistance Program Emergency Allotments (COVID-19)

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

November 22, 2022

Issuing agencies

Agriculture DepartmentFood and Nutrition Service

Abstract

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is an extension, without change, of a currently approved collection for activities associated with administering emergency allotments (EA) waivers. The Families First Coronavirus Response Act of 2020, enacted March 18, 2020, includes a general provision that allows the Department of Agriculture to issue EA waivers based on a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act related to an outbreak of COVID-19 when a State has also issued an emergency or disaster declaration.

Full Text

<html>
<head>
<title>Federal Register, Volume 87 Issue 224 (Tuesday, November 22, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71294-71296]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25410]

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

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

Agency Information Collection Activities: Supplemental Nutrition
Assistance Program Emergency Allotments (COVID-19)

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

ACTION: Notice.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice invites the general public and other public agencies to comment
on this proposed information collection. This collection is an
extension, without change, of a currently approved collection for
activities associated with administering emergency allotments (EA)
waivers. The Families First Coronavirus Response Act of 2020, enacted
March 18, 2020, includes a general provision that allows the Department
of Agriculture to issue EA waivers based on a public health emergency
declaration by the Secretary of Health and Human Services under section
319 of the Public Health Service Act related to an outbreak of COVID-19
when a State has also issued an emergency or disaster declaration.

DATES: Written comments must be received on or before January 23, 2023.

ADDRESSES: Comments may be sent to: Erica Kain, Food and Nutrition
Service, U.S. Department of Agriculture, 1320 Braddock Place, 5th
Floor, Alexandria, VA 22314; or by phone at (312) 339-1939. Comments
may also be submitted via email to <a href="/cdn-cgi/l/email-protection#62312f4c242c4c312c23324c2b111117030c01074c320d0e0b011b22171106034c050d14"><span class="__cf_email__" data-cfemail="df8c92f19991f18c919e8ff196acacaabeb1bcbaf18fb0b3b6bca69faaacbbbef1b8b0a9">[email&#160;protected]</span></a>.
Comments will also be accepted through the Federal eRulemaking Portal.
Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, and follow the online instructions
for submitting comments electronically.
All responses to this notice will be summarized and included in the
request for Office of Management and Budget approval. All comments will
be a matter of public record.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of this information collection should be directed to Erica Kain
at <a href="/cdn-cgi/l/email-protection#71223c5f373f5f223f30215f38020204101f12145f211e1d18120831040215105f161e07"><span class="__cf_email__" data-cfemail="16455b3850583845585746385f656563777875733846797a7f756f566365727738717960">[email&#160;protected]</span></a>; or by phone at (312) 339-1939.

SUPPLEMENTARY INFORMATION: 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
that were 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.
Title: Agency Information Collection Activities: Supplemental
Nutrition Assistance Program Emergency Allotments (COVID-19).
OMB Number: 0584-0652.
Expiration Date: 8/31/2023.

[[Page 71295]]

Type of Request: Extension, without change, of a currently approved
collection.
Abstract: The Families First Coronavirus Response Act of 2020 (Pub.
L. 116-127), enacted March 18, 2020, includes a general provision that
allows the Department of Agriculture to issue emergency allotments (EA)
based on a public health emergency declaration by the Secretary of
Health and Human Services under section 319 of the Public Health
Service Act related to an outbreak of COVID-19 when a State has also
issued an emergency or disaster declaration. In January 2021, the
Department obtained Office of Management and Budget (OMB) approval to
collect the information as described in this Notice for a period of one
year (OMB Control Number 0584-0652; expiration 1/31/2022). The
President's Executive Order on Economic Relief Related to the COVID-19
Pandemic, issued January 22, 2021, directed all Federal agencies to
consider administrative actions to better address the current economic
crisis resulting from the pandemic. FNS reviewed existing EA policy and
issued updated State guidance \1\ on April 1, 2021, outlining a new
approach to calculating EA that provides greater equity for households
most in need. The April 2021 guidance superseded previous guidance
issued in March 2020 and April 2020. In addition to outlining a new EA
minimum benefit policy, the April 2021 guidance described an EA phase-
out request States may use when their State-level emergency declaration
expiration date is imminent. The State agency process for requesting
EA, as outlined in the April 2021 guidance, now includes an attestation
requirement confirming that the State's emergency or disaster
declaration remains active when requesting EA. On May 21, 2021, FNS
provided further operational guidance to SNAP State Agencies and
Regional Offices in a Q&A document provided in response to questions
raised during webinars based on the April 1, 2021 guidance.\2\ FNS
reiterated April 1, 2021 guidance in a memorandum dated December 14,
2021, in which FNS described the EA phase-out process.\3\ USDA
anticipates the need to collect the data beyond the expiration date and
is seeking approval of this Information Collection Request in order to
meet the continuing information collection and reporting requirements
detailed in the Families First Coronavirus Response Act of 2020.
---------------------------------------------------------------------------

\1\ <a href="https://fns-prod.azureedge.net/sites/default/files/resource-files/snap-covid-emergency-allotments-phase-3-guidance.pdf">https://fns-prod.azureedge.net/sites/default/files/resource-files/snap-covid-emergency-allotments-phase-3-guidance.pdf</a>.
\2\ <a href="https://fns-prod.azureedge.us/sites/default/files/resource-files/EA%20QAs_5_20_2021_FINAL.pdf">https://fns-prod.azureedge.us/sites/default/files/resource-files/EA%20QAs_5_20_2021_FINAL.pdf</a>.
\3\ <a href="https://fns-prod.azureedge.us/sites/default/files/resource-files/snap-ea-information-end-national-phe.pdf">https://fns-prod.azureedge.us/sites/default/files/resource-files/snap-ea-information-end-national-phe.pdf</a>.
---------------------------------------------------------------------------

As authorized by Families First Coronavirus Response Act of 2020,
State agencies impacted by COVID-19 may submit an EA waiver request to
their FNS Regional Office for approval to provide an EA to households
to bring all households up to the maximum benefit due to pandemic
related economic conditions. As outlined in the April 2021 guidance,
State agency waivers will generally be approved under one or more the
following conditions as it relates to COVID-19:
<bullet> Residents of the State are confirmed to have contracted
COVID-19.
<bullet> Some or all areas of the State are containment or
quarantine zones.
<bullet> Businesses have closed or significantly reduced their
hours.
<bullet> The State's residents have experienced economic impacts
due to job suspensions or losses.
<bullet> The State's residents have been directed to practice
social distancing.
The State agency must also confirm that the State's emergency or
disaster declaration remains active.
In addition, to allow for State EA phase-out upon expiration of the
State's emergency declaration, States may request EA approval for one
additional issuance month if:
<bullet> The national public health emergency declaration that was
extended on October 13, 2022, by the Secretary for Health and Human
Services under section 319 of the Public Health Service Act remains in
place, and
<bullet> The State-issued emergency or disaster declaration has
expired or will expire in the current month. This will allow a State
that has lost or will lose its declaration in the current month to
provide one additional issuance month of EA and to notify SNAP
participants that EA benefits will be ending.
Once the State's EA waiver has been approved by FNS, the State may
provide the EA without contacting the household. Following waiver
approval, FNS will require State Agencies to attest to FNS on a monthly
basis the EA waiver is still needed and that the State declaration
remains in place. Both the initial EA waiver and the monthly
attestation are conducted via email. FNS expects 53 State agencies will
submit one initial EA waiver to FNS. Currently 36 State agencies are
operating under an EA waiver. Although there are currently less than 53
States operating under an EA waiver, it is possible that States may
have more than one declared public health emergency over the next few
years as COVID-19 rates ebb and flow. For this reason, we are including
hours for the entire universe for State agencies. We are requesting
approval for 53 initial waiver requests in this IC as a precautionary
measure.
There are three reporting requirements for this information
collection request. (1) Each initial EA waiver submission should take
approximately one hour to complete. (2) Each monthly email attesting to
the continued need for the EA waiver is expected to take 15 minutes to
complete. FNS expects that any phase-out request, as outlined in the
April 2021 guidance, would be included in the email as part of the
monthly attestation process; the indication of phase-out would simply
signal the end of that State's need for EA and, thus, monthly
attestations. The phase out request is expected to take 1 minute of the
15 minutes estimated for monthly attestation; therefore, no additional
burden is estimated for phase-out requests.
Section 18(b) of the Food and Nutrition Act of 2008, as amended,
requires that, ``In any fiscal year, the Secretary shall limit the
value of those allotments issued to an amount not in excess of the
appropriation for such fiscal year.'' Because the EA waiver increases
the monthly benefit of participants above the amount originally
anticipated for this fiscal year, the amount of benefits issued and
redeemed must be carefully tracked to ensure FNS does not exceed its
appropriation. As such, it is necessary for FNS to collect information
from State agencies operating EA on a more frequent basis than would be
reported normally. Generally, States report disaster-related SNAP
participation and issuance data to FNS on the FNS-292B, Report of
Disaster Supplemental Nutrition Assistance Benefit Issuance, within 45
days of terminating disaster assistance.
While a State is operating under an EA waiver, (3) FNS requires the
State to submit bi-weekly FNS-292B reports. The burden for a State
agency to submit FNS-292B reports during normal operations is currently
captured under the information collection for the Food Programs
Reporting System (FPRS), OMB Control Number 0584-0594 (expiration date
7/31/2023). However, FNS is accounting for the additional burden used
for EA in this request and including the burden for submitting this
form more frequently under this information collection and is not
duplicating the burden efforts for the routine normal operations
captured in the FPRS collection.

[[Page 71296]]

<bullet> FNS-292B--Takes States approximately 24 minutes or 0.4008
hours per response x 53 State Agencies x 26 weeks = 552.30 hours.
Affected Public: State, Local and Tribal Governments.
Estimated Number of Respondents: 53.
Estimated Number of Responses per Respondent: 39.
Estimated Total Annual Responses: 2,067.
Estimated Time per Response: 0.36976294 hours.
Estimated Total Annual Burden on Respondents: 764.30.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Total annual Hours per Annual burden
Respondent category Instruments Form respondents response responses response (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Agencies......... Bi-weekly EA Reporting to FNS-292B............ 53 26 1,378 0.4008 552.20
FNS.
Initial Waiver Request-- N/A................. 53 1 53 1 53
Emergency Allotment.
Monthly EA Attestation N/A................. 53 12 636 0.25 159
(including Phase-Out
Requests).
-------------------------------------------------------------------------------
Total.............. ......................... .................... 53 39 2,067 0.36976294 764.30
--------------------------------------------------------------------------------------------------------------------------------------------------------

Tameka Owens,
Assistant Administrator, Food and Nutrition Service.
[FR Doc. 2022-25410 Filed 11-21-22; 8:45 am]
BILLING CODE 3410-30-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on November 22, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.