Rule2024-26809
Supplemental Nutrition Assistance Program (SNAP): Employment and Training Program Monitoring, Oversight and Reporting Measures
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Published
November 18, 2024
Effective
January 17, 2025
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
The final rule implements the employment and training (E&T) provisions of the Agricultural Act of 2014. This section provided the Department additional oversight authority of State agencies' administration of the Supplemental Nutrition Assistance Program (SNAP) E&T program; required the Department to develop reporting measures and required State agencies to report outcome data to the Department. It also required the Department to monitor and assess State agencies' effectiveness of E&T programs and provided the Department with the authority to require State agencies to make improvements to their programs as necessary. Finally, State agencies are required to submit reports on the impact of certain E&T components, and in certain States, the E&T services provided to able-bodied adults without dependents (ABAWDs). The final rule will strengthen the E&T program through the collection of information to determine the overall effectiveness of the E&T program in reaching the goal of assisting participants in obtaining the skills necessary to obtain and retain employment.
Full Text
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<title>Federal Register, Volume 89 Issue 222 (Monday, November 18, 2024)</title>
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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Rules and Regulations]
[Pages 90547-90569]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26809]
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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. 89, No. 222 / Monday, November 18, 2024 /
Rules and Regulations
[[Page 90547]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 271 and 273
[FNS-2016-0037]
RIN 0584-AE33
Supplemental Nutrition Assistance Program (SNAP): Employment and
Training Program Monitoring, Oversight and Reporting Measures
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Final rule.
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SUMMARY: The final rule implements the employment and training (E&T)
provisions of the Agricultural Act of 2014. This section provided the
Department additional oversight authority of State agencies'
administration of the Supplemental Nutrition Assistance Program (SNAP)
E&T program; required the Department to develop reporting measures and
required State agencies to report outcome data to the Department. It
also required the Department to monitor and assess State agencies'
effectiveness of E&T programs and provided the Department with the
authority to require State agencies to make improvements to their
programs as necessary. Finally, State agencies are required to submit
reports on the impact of certain E&T components, and in certain States,
the E&T services provided to able-bodied adults without dependents
(ABAWDs). The final rule will strengthen the E&T program through the
collection of information to determine the overall effectiveness of the
E&T program in reaching the goal of assisting participants in obtaining
the skills necessary to obtain and retain employment.
DATES:
Effective date: This rule will become effective January 17, 2025.
Implementation date: State agencies must implement all provisions
of this rule no later than October 1, 2025.
FOR FURTHER INFORMATION CONTACT: Marcie Foster, Food and Nutrition
Service, U.S. Department of Agriculture, 1320 Braddock Place, 5th
Floor, Alexandria, VA 22314, <a href="/cdn-cgi/l/email-protection#aee3cfdccdc7cb80e8c1dddacbdceedbddcacf80c9c1d8"><span class="__cf_email__" data-cfemail="94d9f5e6f7fdf1bad2fbe7e0f1e6d4e1e7f0f5baf3fbe2">[email protected]</span></a>. Phone: (703) 305-
2930.
SUPPLEMENTARY INFORMATION:
List of Acronyms or Abbreviations Used in This Supplementary Discussion
In the discussion of the provisions in this rule, the following
acronyms or abbreviations stand in for certain words or phrases:
------------------------------------------------------------------------
Acronym, abbreviation
Phrase or symbol
------------------------------------------------------------------------
Able-bodied Adults without Dependents........... ABAWDs
Code of Federal Regulations..................... CFR
Employment and Training......................... E&T
Federal Register................................ FR
Federal Fiscal Year............................. FFY
Food and Nutrition Act of 2008, as amended...... The Act
Food and Nutrition Service...................... FNS
Secretary of the U.S. Department of Agriculture. Secretary
Section (when referring to Federal Regulations). Sec.
Supplemental Nutrition Assistance Program....... SNAP
U.S. Department of Agriculture.................. The Department
U.S. Department of Labor........................ DOL
Workforce Innovation and Opportunity Act........ WIOA
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Summary Overview
The final rule implements the E&T provisions of section 4022(a)(2)
of the Agricultural Act of 2014 (Pub. L. 113-79). The Department
published an interim final rule (IFR) on March 24, 2016 (81 FR 15613),
that became effective May 23, 2016, and received 43 comments, 36 of
which were substantive.
After the release of the IFR the Department conducted various
activities to provide guidance to State agencies on the implementation
of the reporting measures. These activities included release of an
implementation memo, two-part series of questions and answers and a
webinar.\1\
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\1\ Interim rule: SNAP Employment and Training Program
Monitoring, Oversight and Reporting Measures (<a href="https://www.fns.usda.gov/snap/fr-032416">https://www.fns.usda.gov/snap/fr-032416</a>).
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The final rule incorporates changes from the interim final rule
that includes specifying the information the Department will use in
assessing the effectiveness of State's E&T programs; adding educational
reporting measures for attainment of a credential or certificate and
measurable skill gains; reporting of employment and earnings measures
and educational measures by distinct participant characteristics, such
as by race and/or ethnicity; and adding reporting measures for States
operating mandatory E&T programs. The final rule also changes the due
date of the State agency's submission of the E&T Annual Report from
January 1 to April 15.
The final rule establishes information sources that the Food and
Nutrition Service (FNS) will use for assessing the effectiveness of E&T
programs in preparing E&T participants for employment, including skill
attainment and employment retention. The rule specifies the authority
of FNS to require a State agency to modify its SNAP E&T State Plan to
improve outcomes if determined through an assessment that the E&T
outcomes are inadequate.
[[Page 90548]]
The final rule requires State agencies to identify an outcome
reporting measure for every component that is designed to serve at
least 100 participants a year in annual E&T State Plan.
The final rule also requires State agencies to submit an E&T Annual
Report by April 15 each year that contains the following:
<bullet> Employment and earnings reporting measures that consist of
four consecutive quarters of data from the two previous Federal Fiscal
Years (FFY);
<bullet> Educational reporting measures that consist of data from
the FFY ending the preceding September 30th;
<bullet> Employment and earnings reporting measures and educational
reporting measures for each of the seven (7) participant
characteristics;
<bullet> States that serve mandatory E&T participants will report
on the number of SNAP participants required to participate in E&T and
referred to E&T and the number and percentage of SNAP participants that
were deemed ineligible for SNAP benefits due to failure to comply with
E&T requirements;
<bullet> Number and percentage of E&T participants for the FFY
ending the preceding September 30th by nine (9) participant
characteristics;
<bullet> Component measures identified in the States' E&T State
Plan for components that are designed to serve at least 100
participants a year; and
<bullet> States that have committed to offering at-risk ABAWDs,
defined as an able-bodied adult without dependents who are at risk of
losing SNAP eligibility due to time-limited participation, a slot in a
qualifying activity and received an additional allocation of funds will
report on:
[cir] The monthly average number of individuals in the State who
meet the conditions of an at-risk ABAWD:
[cir] The number of individuals the State offers a position in a
work program or workfare program;
[cir] The monthly average number of individuals who participate in
such programs; and
[cir] A description of the types of employment and training
programs the State agency offered to at-risk ABAWDs and the
availability of those programs throughout the State.
The final rule specifies that State agencies may be required to
submit the E&T Annual Report in a standardized format specified by FNS.
The final rule will also reinstate regulatory language in 7 CFR
273.24(a) for the definition of a workfare program for the purposes of
meeting the ABAWD work requirement. This definition was inadvertently
removed during a prior rulemaking.
The Department would note that this final rule does not address any
changes to ABAWD work requirements as a result of the Fiscal
Responsibility Act of 2023 (Pub. L. 118-5). Those changes will be
addressed through separate rulemaking.
The Department discusses the changes from the interim final rule,
as well as a summary of comments and explanation of each of the final
regulatory changes in more detail below.
Summary of Changes From Interim Final Rule
<bullet> The interim final rule codified the authority of FNS to
require a State agency to modify its E&T State Plan to improve
outcomes. The final rule includes language that specifies the
information sources that FNS will utilize in assessing the
effectiveness of a State's E&T program.
<bullet> The interim final rule specified a January 1 due date for
State agencies' submission of the E&T Annual Report. The final rule
changes that due date to April 15.
<bullet> The interim final rule established a reporting measure for
the completion of an educational, training, work experience or on-the-
job training component. The final rule removes and replaces this
measure with two educational measures aligned with Workforce Innovation
and Opportunity Act (Pub. L. 113-128) (WIOA) programs, for attainment
of a credential or certificate, and measurable skill gains.
<bullet> The interim final rule required State agencies to
disaggregate each of the reporting measures by four (4) key participant
characteristics, e.g., of the 100 E&T participants in unsubsidized
employment in the second quarter after completion of participation in
E&T, 90 had the characteristic of a mandatory E&T participant. The
final rule modifies this disaggregation by requiring the reporting of
the employment, earnings, and educational measures for each of the key
participant characteristics, e.g., of the 90 mandatory E&T participants
who completed participation in E&T, 60 mandatory E&T participants are
in unsubsidized employment in the second quarter after completion of
participation in E&T. The final rule also introduces three (3)
additional key participant characteristics, race and/or ethnicity and
mandatory E&T participants deemed ineligible due to failure to comply
with mandatory E&T.
<bullet> The interim final rule required State agencies to report
the number and percentage of all E&T participants that participated
during the reporting fiscal year by seven (7)participant
characteristics, such as gender, age, etc. The final rule is modifying
this requirement by adding race and/or ethnicity to the participant
characteristics.
Summary of Comments and Explanation of Revisions
FNS received thirty-six (36) relevant and non-duplicative comments.
Thirty comments came from advocacy organizations and six comments from
State SNAP agencies or State Workforce agencies. Generally, the
comments were supportive of the interim final rule and believed that
the reporting measures would greatly improve employment and training
efforts in States. However, many of the supporters made recommendations
for improvement or sought clarification of specific provisions.
General Comments
Many commenters raised general or cross-cutting issues about the
overall impact of the interim final rule. We address these issues in
this section, followed by comments on each section of the interim final
rule.
A. Additional Reporting Requirements
Twenty-seven (27) commenters, while supportive of the interim final
rule, believed that additional reporting requirements should be added
to adequately evaluate the effectiveness of and need for change to
States' E&T programs, specifically for States that serve mandatory E&T
participants. Commenters urged that additional reporting measures be
added to capture the following:
<bullet> The number and percentage of individuals required to
participate in E&T;
<bullet> The number and percentage who were exempted from
participation in E&T;
<bullet> The number and percentage who were sanctioned before
participating in E&T; and
<bullet> The number and percentage of those who were sanctioned
after beginning participation in E&T.
Some commenters further suggested that States should be required to
report on the sanctioned individuals' employment information and the
number and percentage of individuals exempted from participation by
exemption reason, noting exemptions as an important outcome in shaping
an effective E&T program and remedying ineffective practices. In
addition, one commenter proposed that States should report on the
employment rates in the
[[Page 90549]]
second and fourth quarters after SNAP recipients are mandated to
participate and suggested that States should be required to report on
the number of mandatory E&T participants who receive a SNAP E&T
assessment, as well as the number of those mandated to participate who
are later found to be exempt. Three of the commenters urged that the
final rule require States to report on the number of individuals who
are assigned to SNAP E&T; the activity component to which they are
assigned; and the number and percentage of individuals assigned to an
activity who are sanctioned by the type of activity.
The Department appreciates the comments and agrees that to assess
the effectiveness of a State's E&T program, particularly those that
serve mandatory E&T participants, sanction data for those that fail to
comply with E&T requirements is an important factor. For this reason,
the Department added additional reporting requirements for States that
serve mandatory E&T participants in the E&T Program Activity Report
(FNS-583) (OMB Control No. 0584-0064; expiration date: 06/30/2027)
through the final rule, Employment and Training Opportunities in the
Supplemental Nutrition Assistance Program, published January 5, 2021
(``2021 final rule'', 86 FR 358). As required in the 2021 final rule,
the Department will collect via the FNS-583 report the number of SNAP
applicants and participants required to participate in E&T by the State
agency and, of those applicants and participants, the number who began
participation in an E&T program, the number who began participating in
an E&T component, and the number of mandatory E&T participants who were
deemed ineligible for failure to comply with E&T requirements. This
FNS-583 data is capturing every time an individual is subject to
mandatory participation in E&T and the resulting actions. This results
in a duplicated count if an individual has multiple certification
periods and is subject to mandatory participation in E&T at each of
those certification periods in a reporting fiscal year. The FNS-583
report also collects individual participation data and component
participation.
To complement and enhance the FNS-583 data, in this final rule, the
Department is modifying the regulation at 7 CFR 273.7(c)(17)(iv) by
adding to the E&T Annual Report for States that serve mandatory E&T
participants the reporting of the unduplicated number of SNAP
participants who were required to participate in E&T, the unduplicated
number of those individuals who were referred to E&T and the
unduplicated number and percentages of SNAP participants who were
deemed ineligible for failure to comply with E&T requirements. The
Department is adding these reporting elements to analyze the churn \2\
of SNAP E&T participants as well as the difference in the number of
individuals required to participate and referred to E&T. This change is
responsive to the comments received through the IFR. The Department
believes the data from the FNS-583 report and the E&T Annual Report, as
well as information collected through management evaluations, will
provide FNS and State agencies information to assess the effectiveness
of a mandatory E&T program.
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\2\ Churn in SNAP is defined as when a household exits SNAP and
then re-enters the program within 4 months. (Understanding the
Rates, Causes, and Costs in Churning in the SNAP Program, November
2014).
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However, the Department does not believe that the other suggested
reporting requirements, such as sanctioned individuals' employment
information or the employment rates in the second or fourth quarters
after being sanctioned, are necessary due to other changes being
included for mandatory E&T programs, e.g. employment and earnings
measures for participants deemed ineligible due to failure to comply
with E&T, and believes that the additional burden these measures would
place on State agencies outweighs their benefit in the overall
determination of effectiveness of E&T programs. The Department is not
addressing these suggested additional reporting requirements in this
final rule.
B. Definitions
Eleven commenters stated that the interim final rule failed to
define ``completion of participation in E&T'', with nine of the
commenters noting that the final rule should clarify that completion of
participation in E&T has the same meaning as ``exit'' used in WIOA
programs. One commenter asked if, for States that serve mandatory E&T
participants, completion of participation in E&T correlates with
becoming exempt from work registration for reasons others than
employment. One commenter asked if completion of participation in E&T
includes a person who (1) participates but leaves an assignment before
meeting all obligations of the assignment while remaining a SNAP
participant; (2) leaves a component after becoming ineligible for SNAP;
or (3) finds unsubsidized employment during component participation.
The Department appreciates the comments and agrees that for clarity
and consistency the term ``completion of participation in E&T'' should
be defined in the regulations. For the purposes of capturing the
reporting measures of employment and earnings, completion of
participation in E&T is defined as an E&T participant who has not
received any E&T services for at least 90 days with no plans for future
services, as discussed in the SNAP E&T Program Monitoring, Oversight
and Reporting Measures Questions and Answer, Part II, released May 15,
2017. This timeframe and definition align with the definition of
``exit'' in WIOA programs as provided in Training and Employment
Guidance Letter No.10-16, Change 3.\3\ The Department clarifies that
for States serving mandatory E&T participants, completion of
participation in E&T does not in any way relate to participants
becoming exempt from work registration for reasons other than
employment, unless an E&T participant stops participating in E&T as a
direct result of the exemption status. Thus, completion of
participation in E&T could include participants who leave an assignment
before meeting all the obligations of the assignment while remaining a
SNAP recipient, or participants who leave a component when becoming
ineligible for SNAP or for participants who find unsubsidized
employment during component participation, if those individuals do not
receive any E&T services for at least 90 days. Under 7 CFR 271.2 the
Department is codifying the definition of ``completion of participation
in E&T'' to mean that an E&T participant has not received any E&T
services for at least 90 days and no future services are planned.
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\3\ Training and Employment Guidance Letter No.10-16, Change 3
issued September June 11, 2024 (<a href="https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2023/TEGL%2010-16%20Change%203/TEGL%2010-16%2C%20Change%203.pdf">https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2023/TEGL%2010-16%20Change%203/TEGL%2010-16%2C%20Change%203.pdf</a>.
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Twenty-five commenters noted that the Department defines an ``E&T
participant,'' for the purposes of reporting, as an individual who is
placed in and begins an E&T component. The commenters stated that this
definition fails to adequately capture many individuals in SNAP who are
required to participate in E&T activities and that the regulation as
written would not capture the outcomes of SNAP participants who are
required to participate in E&T but are disqualified before they begin
an E&T component.
The Department appreciates the comments and agrees that the
definition of an ``E&T participant,'' for the
[[Page 90550]]
purposes of reporting, discussed in the interim final rule would
exclude those individuals who were deemed ineligible for SNAP before
they were placed in an E&T component. The interim final rule did not
add the definition of an E&T participant. This determination of when an
individual could be considered an E&T participant for reporting
purposes, as discussed in the interim final rule preamble, was based on
an existing definition under 7 CFR 271.2 for ``placed in an employment
and training (E&T) program'', which provided that a State agency may
count a person as ``placed'' in an E&T program when the individual
commences a component. As a result of the changes to the E&T program
made through the Agricultural Improvement Act of 2018, the 2021 final
rule made several changes to definitions under 7 CFR 271.2. The changes
in the 2021 final rule modified definitions of an E&T program and E&T
mandatory participant, added definitions for an E&T participant and an
E&T voluntary participant, and removed the definition of ``placed in an
employment and training (E&T) program.'' An ``E&T program'' is defined
as a program operated by each State agency consisting of case
management and one or more E&T components. The definition for an ``E&T
participant'' is an individual who meets the definition of a mandatory
or voluntary E&T participant. Because these definitions do not
explicitly establish at what point an individual becomes an E&T
participant for reporting on the E&T Program Activity Report (FNS-583)
or E&T Annual Report, the Department is modifying the definition of an
E&T participant under 7 CFR 271.2 to state that an ``E&T participant''
means an individual who meets the definition of a mandatory or
voluntary E&T participant who is referred to E&T and begins at least
one part of an E&T program, including orientation, assessment, case
management services or a component. Because the purpose of the
reporting measures is to measure the impact of the E&T services that an
individual receives, the Department is not including mandatory E&T
participants who do not appear for E&T services in the definition of an
E&T participant. However, the modified definition will include
individuals who do begin an E&T program including orientation,
assessment, case management services, who were previously not being
captured. Therefore, the Department is addressing in this final rule a
modification to the definition of an ``E&T participant'' under 7 CFR
271.2.
One commenter suggested that the term ``former E&T participant'' be
defined. The Department appreciates the comment and agrees that because
the interim final rule under 7 CFR 273.7(c)(17) included the term
former participant as one group of participants in the reporting
measures that this term should be defined. Former participants are
included in these measures to capture those individuals who began
participation in an E&T program but who discontinued participation
because they are no longer receiving SNAP benefits due to reasons such
as failure to recertify. The Department is defining under 7 CFR 271.2
the term ``former E&T participant'' to mean an individual who is no
longer participating in E&T services because the individual is no
longer receiving SNAP benefits.
One commenter requested definitions for both the numerators and
denominators for each of the reporting measures. The Department
appreciates the comment and would note that the Department issued
guidance \4\ through the SNAP E&T Outcome Reporting Interim Final Rule
Questions and Answers Part II that was issued May 15, 2017, that
provided such definitions and does not believe it necessary to define
in regulations. For the measures of unsubsidized employment in the
second or fourth after ``completion of participation in E&T'' the
denominator includes those E&T participants who have completed
participation, defined as not receiving services for 90 days, and the
numerator consists of those participants who completed participation in
E&T and have earned income in the second or fourth quarters after
completion of participation in E&T. As these measures are generally
aligned with measures in the WIOA program the Department wishes to
retain some level of flexibility to accommodate changes that may be
instituted in the WIOA programs. The Department is not including
numerator and denominator definitions for these reporting measures in
this final rule.
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\4\ SNAP E&T Outcome Reporting Interim Final Rule Questions and
Answers Part II, issued May 15, 2017 (<a href="https://fns-prod.azureedge.us/sites/default/files/snap/Clarification-SNAP-EandT-Outcome-Reporting-PartII.pdf">https://fns-prod.azureedge.us/sites/default/files/snap/Clarification-SNAP-EandT-Outcome-Reporting-PartII.pdf</a>).
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C. Delay Implementation
Two commenters noted that the interim final rule requires States to
start collecting complex data elements and that State agencies would
need to evaluate the system changes, regulatory changes and new
directives they would need to implement to comply with the new
reporting requirements. One commenter noted that the State agency would
need to seek State statutory changes to access employment and wage
outcomes through quarterly wage reporting or the National Directory of
New Hires. The commenters recommended that the implementation of the
reporting measures be delayed to improve the quality, utility, and
clarity of the information to be collected.
The Department recognizes that the introduction of outcome
reporting measures might require changes to States' data systems.
However, the Department was statutorily required to issue an interim
final rule implementing the provisions of section 4022 (c) of the Act
within 18 months of enactment. The Department actively worked with
State agencies to implement these provisions by conducting readiness
assessments during FFY 2016 and FFY 2017 and offering grants for data
systems annually beginning with FFY 2017. The Department also conducted
a webinar for State agencies that included representatives from the
Department of Labor on the use of quarterly wage record data.\5\
Because State agencies already collect participant characteristics,
such as race and/or ethnicity for the SNAP program and some State
agencies report educational measures such as attainment of credential
or certificate for educational components in their E&T State Plans, the
Department believes that most State agencies will be ready to implement
these changes in the final rule. However, the Department is delaying
implementation of all the provisions of this final rule until October
1, 2025, in order to allow States sufficient time to make necessary
changes to implement the final rule and to ensure that the first Annual
Report under the final rule will be comprehensive of all provisions.
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\5\ Webinar: SNAP E&T Outcome Reporting Requirements, August 23,
2017 (<a href="https://www.youtube.com/watch?v=eP-PeKxdEd0">https://www.youtube.com/watch?v=eP-PeKxdEd0</a>).
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D. Annual Report Timeframe
One commenter stated that the preamble for the interim final rule
provided each measure under 7 CFR 273.7(c)(17) would be reported using
the most recent data available during the reporting period. The
commenter stated that the final rule should clarify that different
measures will be reported for individuals in different time periods.
The Department appreciates the comment and acknowledges that different
measures contained within a State's annual report may consist of
information from different time periods, due to the lag time for
measures such as employment and earnings; therefore, the Department is
modifying the regulatory
[[Page 90551]]
text in 7 CFR 273.7(c)(17) to indicate the time period to be reported
for each section of the annual report. Due to the lag time in the
employment and earnings reporting measures, as well as the lag time in
the availability of quarterly wage records, for these measures State
agencies will be required to report four (4) consecutive quarters of
data from the two previous FFYs. This is consistent with the timeframe
reported in annual reports as specified in guidance issued through the
SNAP E&T Outcome Reporting Requirements--Questions and Answers (Q&A)
Part II. The Department is aware that these lag times create a
challenge for State agencies to provide four (4) quarters of data by
the required January 1 due date of the annual report. To address this
challenge the Department is modifying the due date of the Annual Report
to April 15 under 7 CFR 273.7(c)(17). For educational measures added in
this final rule for obtainment of a credential or certificate and
measurable skill gains, State agencies will report on data from the
previous FFY. State agencies will report participant characteristics
for those E&T participants served in the E&T program from the previous
FFY, consistent with guidance \6\ issued under the IFR.
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\6\ SNAP E&T Outcome Reporting Interim Final Rule Questions and
Answers Part II, issued May 15, 2017 (<a href="https://fns-prod.azureedge.us/sites/default/files/snap/Clarification-SNAP-EandT-Outcome-Reporting-PartII.pdf">https://fns-prod.azureedge.us/sites/default/files/snap/Clarification-SNAP-EandT-Outcome-Reporting-PartII.pdf</a>).
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E. County-Administered E&T Programs
Two commenters stated that, for States with county-administered
SNAP E&T programs, there should be a requirement that every county
track and provide the same data to the State agency. They state that
without this requirement the data will lack continuity and
comparability between locations and the reports that the State agency
provides to the Department will be incomplete. The Department
appreciates the comment and would note that section 16(h)(5) of the
Food and Nutrition Act of 2008, as amended (``the Act''), places the
responsibility with the State agency for establishing component
measures that will serve at least 100 individuals a year as well and
for submitting the E&T Annual Report. In addition, section 11(a)(2) of
the Act states that the responsibility of the agency of State
government shall not be affected by whether the program is operated on
a State-administered or county-administered basis. It is therefore the
responsibility of the State agency to ensure that data is being tracked
consistently, whether in a State-administered or county-administered
program. The Department is not including additional requirements for
county-administered SNAP E&T programs in this final rule.
F. E&T 100 Percent Grants
One commenter noted that language included in the preamble to the
interim final rule states that the Department retains the authority to
consider outcome data as part of the scope of the impact for a State's
E&T program when evaluating requests for additional 100 percent funds.
The commenter stated that the April 2016 SNAP E&T State Plan Handbook
did not discuss the use of outcome data for these reviews and that the
final rule should address whether the Department intends to use outcome
data when reviewing additional funds requests and if so, how the
Department envisions this working when outcome data will not be
available until the out-years.
The Department appreciates the comments and clarifies that the 2021
final rule implemented changes to the Department's process for
reallocating unobligated or unexpended Federal E&T 100 percent funds to
other State agencies requesting additional E&T funds, codified under 7
CFR 273.7(d)(1)(iii)(E). This change was necessitated by requirements
at section 16(h)(1)(C) of the Act, as amended by the Agricultural
Improvement Act of 2018, that introduced priorities for the
reallocation of funds, including the requirement that the Department
determines that the requests funded 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 has provided guidance in the revised 2022
E&T State Plan Handbook \7\ and E&T Toolkit \8\ regarding the inclusion
of information in State agencies' requests for additional funds
demonstrating that the planned use of the funds has a demonstrable
impact on the ability of participants to find and retain employment
that increases the household income. The rule under 7 CFR
273.7(d)(1)(iii) provides that in making reallocations the Department
will consider, among other things, whether the employment and training
programs and activities for which the State agency is requesting
reallocated funds 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 must also consider the size of the request relative to the
State agency's E&T spending in prior years, the specificity of the
State'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
considers the information provided by the State agency in their request
as well as all performance data, including outcome data such as the
reporting measures from prior E&T Annual Reports and E&T Program
Activity reports, to fall within the factors already delineated in 7
CFR 273.7(d)(1)(iii). Therefore, it is not necessary to make a change
in this final rule.
---------------------------------------------------------------------------
\7\ E&T State Plan Handbook (<a href="https://www.fns.usda.gov/snap-et/state-plan-handbook">https://www.fns.usda.gov/snap-et/state-plan-handbook</a>).
\8\ SNAP E&T Program Toolkit (<a href="https://www.fns.usda.gov/snap-et/toolkit">https://www.fns.usda.gov/snap-et/toolkit</a>).
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One commenter noted that State system interfaces currently do not
allow for the automated collection of employment and earnings data. The
commenter asked if the Department would provide funding to support
State system infrastructure costs for ongoing support or system
enhancements and if State agencies can direct Department funds for
system costs to other agencies responsible for the interfacing system.
The Department notes that State agencies can use the E&T 100
percent Federal grant and 50 percent administrative funds to develop or
enhance information management systems used for collecting and
reporting E&T data. State agencies choosing to use their E&T funds,
whether the 100 percent Federal grant or the 50 percent administrative
funds, for system development or modifications should include the
anticipated costs of data collection in the estimated operating cost
within their annual E&T State Plan. Additionally, the Department
periodically makes available additional grant opportunities, such as
through E&T Data and Technical Assistance Grants, which are intended to
support the development of State SNAP E&T data collection and reporting
systems. Since the ability to use those funds for information
management systems already exists, it is not necessary to specify
available funds in this final rule.
Reporting Measures
Section 4022(a)(2) of the Agricultural Act of 2014 (Pub. L. 113-79)
amended section 16(h)(5)(B)(i) and (ii) of the Act to require the
Department to develop, in consultation with the Department of Labor
(DOL), reporting measures that identify improvements in the skills,
training, education, or work experience of members of households
participating in SNAP. The measures were to be
[[Page 90552]]
based on common measures of performance for Federal workforce programs
and include additional indicators that reflect the challenges facing
the types of members of households participating in SNAP who
participate in a specific E&T component. In the interim final rule, the
Department, after consultation with DOL, established under 7 CFR
273.7(c)(17)(i)-(iv) that State agencies would report annual outcome
data based on measures that were similar to the performance indicators
for the core programs in the WIOA, but that reflected the intent of the
Act, and the unique characteristics of the SNAP E&T program and its
participants. Those reporting measures included:
<bullet> The number and percentage of E&T participants and former
participants who are in unsubsidized employment during the second
quarter after completion of participation in E&T;
<bullet> The number and percentage of E&T participants and former
participants who are in unsubsidized employment during the fourth
quarter after completion of participation in E&T;
<bullet> The median quarterly earnings of all the E&T participants
and former participants who are in unsubsidized employment during the
second quarter after completion of participation in E&T; and
<bullet> The total number and percentage of participants that
completed a training, educational, work experience or on-the-job
training component.
G. Data Sources, Methodology and Method of Collection
Regarding the measures required under 7 CFR 273.7(c)(17)(i) through
(iv) one commenter asked if States are required to report on
participants who enter E&T during the fiscal year or on individuals
under certification in the fiscal year that enter and participate in
E&T. The Department is clarifying that for the reporting measures of
employment and earnings, due to the nature of these measures, State
agencies are reporting on those E&T participants from the previous two
FFYs who were referred to E&T, began at least one part of an E&T
program including case management services or a component, and had
obtained employment six months (second quarter) or one year (fourth
quarter) after completion of participation in E&T. Therefore, the
Department is modifying the regulatory text at 7 CFR 273.7(c)(17)(i) to
indicate that for the reporting measures of employment and earnings
State agencies shall report four (4) consecutive quarters of data from
the two previous FFYs ending the preceding September 30.
One commenter noted that the E&T State Plan Handbook issued by the
Department in April 2016 included options for data sources for
reporting measures and State reporting measures not discussed in the
interim final rule, including the use of sampling. The commenter stated
that the final rule should identify the data sources that States may
use to meet the reporting requirements. Another commenter had questions
regarding the use of sampling as a data source. They asked if States
that choose to use sampling for State- and Federal-reported outcomes
will report both outcomes for the same sample of 500 cases, or does the
Department expect the sample of 500 cases for State reported outcomes
to be different than the sample of 500 cases for the reporting
measures. The commenter also asked if States are required to report
outcome data in the E&T State Plan or does the E&T plan contain a
description of the reporting measures that will be reported for that
fiscal year. Another commenter asked if there is a required source of
data or methodology for calculating median earnings.
The Department appreciates the comments and notes that FNS issued
guidance in the SNAP E&T State Plan Handbook in April 2016 and most
recently updated May 2022 which specified that State agencies would
determine the data source and the collection methodology it would use
to gather the information needed for the annual report. The Department
expressed that its preference was for State agencies to use
administrative data and provided a list of sources they may consider
using. These sources included Quarterly Wage Records (QWR) available
through State's Unemployment Insurance (UI) program, the National
Directory of New Hires, State's management information systems, manual
follow-up or follow-up surveys of E&T participants. This guidance also
indicated that State agencies may use sampling as a data collection
methodology, rather than tracking all E&T participants. The Department
recognized that given the variation in State's E&T programs, including
their data collection and tracking procedures, State agencies were in
the best position to determine the appropriate data source and
collection methodology to employ. However, for the reporting measures
of employment and earnings, the Department indicated that the preferred
source of data was QWR but understood that State agencies needed lead
time to negotiate data agreements, or in some cases require State
regulatory or statutory changes granting them access to such data. For
that reason, the Department indicated while State agencies moved toward
the goal of using QWR for employment and earnings data, they could
utilize any of the sources. State agencies indicate in their annual E&T
State Plan the data sources they intend to use for reporting measures
and component measures. For calculating the median quarterly wages in
the second quarter after completion of participation in E&T, the
methodology State agencies should employ is to arrange all individual
quarterly earnings for participants in numerical order, from smallest
to largest, and identify the wage that is in the middle of that list.
Regarding the use of sampling, State agencies have discretion as to
whether they employ different samples for reporting measures and State
component measures, given that the nature and timeframe of the measures
may differ. States choosing to use sampling as a collection methodology
must also include details regarding the sample design in the E&T State
Plan. The regulations under 7 CFR 273.7(c)(6)(xviii) specifies that in
the annual E&T State Plan State agencies will provide a component
measure for every component that is expected to include 100 or more
participants, and those measures will be reported in the annual report
specified in paragraph (c)(17). To maintain flexibility to account for
variations among States, the Department is not changing in the final
rule the data sources or collection methodology States may employ for
the annual report.
One commenter noted that UI QWR data does not capture all earnings,
such as out of State, Federal or informal employment. The commenter
asked if it was feasible for the Department to collect data on
employment or to match nationally on behalf of States against the State
submission of participants who completed an E&T program. Another
commenter noted that the final rule should provide an option for States
to request that the Department calculate performance measures related
to employment and earnings using the Department's access to national
quarterly wage record data or National Directory of New Hires. They
indicated that such an option would relieve States of some of the
burden imposed on the State to perform such measures and calculations,
ensure standardized measurement standards for States participating in
such an option, and provide the Department a more robust platform to
assess the E&T program. The commenter stressed this as an option
[[Page 90553]]
and would not support making this approach mandatory. One commenter
stated that the Department should allow the use of automated data
exchanges and State wage information to identify the employment status
and quarterly wages of former E&T participants. They noted that they
have observed that within the first year of reinstating the ABAWD work
requirement in their State,\9\ E&T vendors reported that the actual
employment rate for SNAP participants is significantly higher than the
37% employment rate identified by the State's data. The commenter noted
that former E&T participants rarely verify their new employment status
after reporting it since there is no incentive for them to do so and
they believe that it is essential for States to be able to use wage
matches through such sources as Work Number or Equifax to accurate
report employment outcomes of E&T participants.
---------------------------------------------------------------------------
\9\ The American Recovery and Reinvestment Act of 2009 (ARRA)
suspended the time limit for individuals subject to the work
requirements under section 6(o)(2) of the Food and Nutrition Act,
unless the individual did not comply with requirements of a program
offered by a State agency. This provision under ARRA expired at the
end of FFY 2011.
---------------------------------------------------------------------------
The Department acknowledges that the quarterly wage record data
available through State's UI reporting does not capture all earnings,
specifically Federal employment or the self-employed. As previously
discussed, the Department is not requiring States to use a specific
data source for the annual report. However, the Department believes
that QWR data is the most reliable and efficient source of information
pertaining to employment and earnings of E&T participants and suggest
as a best practice the use of QWR data. Further, it would not be
feasible for the Department to calculate performance measures related
to employment and earnings because quarterly wage record data is not
available from a single source at a national level, it resides within
each State agency responsible for UI reporting. In addition, this would
require the Department to collect individual case records on every E&T
participant from each State agency and this would impose additional
burden on State agencies. The Department does not collect individual
case records in the SNAP program, including the SNAP E&T program.
Therefore, the Department is not changing the data sources or method
for collection in this final rule.
H. Employment and Earnings Measures
One commenter asked if the fourth quarter employment after
completion of E&T was intended to be a proxy for retention. This
commenter also asked what if the employer or record from second and
fourth quarters are different. The Department understands that the
fourth quarter employment measure could be perceived as being a proxy
for employment retention. However, the measure is a point in time
measure and is only measuring whether an E&T participant is in
unsubsidized employment twelve months after completing participation in
E&T. Whether the E&T participant was included in the second quarter
employment measure bears no relevance to the fourth quarter employment
measure; therefore, the Department is not making a change in the final
rule.
Three commenters stated that the timeline for reporting employment
and earnings measures should consider the six-month lag time in the
availability of quarterly wage records (QWR). They noted, for States
using QWR information, reporting on fourth quarter employment after
completion of E&T by the January 1 due date of the annual report would
not be possible for any group completing components in FFY 2017 or
thereafter. This lag time in the availability of the QWR gives States
little time to perform the matches and analysis before the E&T Annual
Report is due on January 1.
One commenter stated that the final rule should provide information
addressing how States can request an extension or apply for a waiver of
the requirement for States to submit an annual report to the Department
on January 1 of each year.
The Department appreciates the comments and acknowledges that the
timeframe of the employment and earnings measures as well as the six-
month lag time in the availability of quarterly wage records (QWR)
impacts State agencies' abilities to submit an E&T Annual Report that
consists of four (4) quarters of data from only the preceding FFY on
January 1. Therefore, the Department is modifying the regulatory text
at 7 CFR 273.7(c)(17) to change the due date of the annual report to
April 15. Additionally, the Department is modifying 7 CFR
273.7(c)(17)(i) to reflect that for the employment and earnings
measures State agencies shall submit four (4) consecutive quarters of
data from the two previous FFYs.
Regarding the quarterly median wage measure, one commenter noted
that because the quarterly wage records reflect quarterly earnings and
does not include a start date or the number of pay periods, individuals
who are hired mid-quarter will appear to have lower wages than their
actual hourly rate. The Department appreciates the comment on the
limitation of quarterly wage records to reflect the earnings of
participants who may obtain employment mid-quarter. However, the
Department was required to develop reporting measures, in consultation
with the Department of Labor, that were based on common measures of
performance for Federal workforce programs and the quarterly median
measure is aligned with WIOA programs. The Department believes that, to
account for the mid-quarter hires, as well as to ensure consistency,
all States would need to modify their collection processes to include
capturing the start date of employment for those individuals as well as
the wage information. In order to ensure consistency in the State
agencies reporting of participant wage information, this would require
that all State agencies, as well as E&T providers devote staff time to
collect the information necessary from the E&T participants or
employers. This would place an undue burden on E&T participants and
their employers to provide participant wage information. The Department
believes that this burden far outweighs the benefits to account for
those mid-quarter hires, therefore, the Department is not modifying the
regulations regarding the quarterly median wage measure in this final
rule.
One commenter questioned the practical utility of the employment
and earnings measures and asked if employment and earnings six or
twelve months after E&T participation correlate with the impact of the
E&T intervention. Another commenter noted that the employment and
earnings measures are reliant on systems outside of State SNAP agency
and requires ongoing staffing effort to manually collect and compile
the information, calling into question the effort and validity of such
measures. The Department appreciates the comments and would note that
the provisions of 4022(a) in the Agricultural Act of 2014 charged the
Department with the responsibility to assess the effectiveness of SNAP
E&T programs in preparing members of households participating in SNAP
for employment, including the acquisition of basic skills necessary for
employment; and increasing the number of household members who obtain
and retain employment subsequent to participation in the SNAP E&T
program. This section further required the Department, in consultation
with the Department of Labor, to develop reporting measures that would
identify improvements in the skills, training, education of SNAP
[[Page 90554]]
participants and that were based on common measures of performance for
Federal workforce training programs. As noted previously, WIOA
established common measures of performance to ensure consistency across
all programs under WIOA. These common measures for employment and
earnings specified the timeframe of second quarter and fourth quarter
after exit from a WIOA program. The Department believes that the
adoption of employment and earnings measures aligned with measures for
workforce programs under WIOA meets the Department's obligation to
assess States for the number of individuals who obtain and retain
employment subsequent to participation in E&T programs. The Department
is not modifying the provisions for the employment and earnings
measures in this final rule.
One commenter stated that while the Department has developed
standardized reporting measures as required in the Act, it has not, at
least as stated in the guidance provided in the E&T Plan Handbook,
standardized the methods states must employ to collect data on those
measures. Given that employment outcomes are known to differ based on
the modality of data collection, the commenter suggested the final rule
should address how the Department plans to adjust for performance
differences across States using differing data collection
methodologies.
The establishment of reporting measures, as provided in section
16(h)(5)(B) of the Act, was for the purpose of identifying improvements
in the skills, training, education or work experience of members of
households participating in States' Supplemental Nutrition Assistance
Programs. The Act did not require the Secretary to establish reporting
measures with performance targets or to compare reporting measures
across State agencies. Therefore, the Department is not making changes
in the final rule in response to this comment.
I. Completion of Education, Training, Work Experience or OJT Components
One commenter stated that the reporting measures should also
include a credential attainment measure consistent with the WIOA
primary indicator on credential attainment. This includes measures such
as the number and percentage of individuals assigned to E&T who obtain
a recognized postsecondary credential, or a secondary school diploma or
its recognized equivalent during participation in or within 1 year
after exit from SNAP E&T. The commenter noted that measuring credential
attainment is an important part of measuring skill-building outcomes.
The Department agrees that the reporting measures should include
educational measures that are aligned with WIOA.\10\ This includes
measures such as credential attainment and measurable skill gain that
are important factors to consider in assessing and evaluating the
effectiveness of a State's E&T program in assisting E&T participants in
obtaining skills necessary for employment. Measurable skill gains
provide the Department and State agencies with an interim progress of
participants who are enrolled in any educational or training program
and is triggered by program enrollment rather than on completion of the
program. Both measures are in practice by workforce development
organizations. An analysis of State's FY 2021 E&T Annual Reports
indicates that several State agencies already utilized these as
component measures. Because of these factors, the burden on State
agencies should be minimal. Therefore, the Department is creating two
educational measures for attainment of credential or certificate and
measurable skill gains under new 7 CFR 273.7(c)(17)(ii).
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\10\ Training and Employment Guidance Letter No.10-16, Change 3
issued September June 11, 2024 (<a href="https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2023/TEGL%2010-16%20Change%203/TEGL%2010-16%2C%20Change%203.pdf">https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2023/TEGL%2010-16%20Change%203/TEGL%2010-16%2C%20Change%203.pdf</a>.
---------------------------------------------------------------------------
State agencies will be required to report the number and percentage
of E&T participants enrolled during the preceding FFY in an educational
or training program, excluding those in on-the-job training, customized
training or transitional jobs, who attain a recognized post-secondary
credential, certificate or a secondary school diploma, or its
recognized equivalent, during participation in or upon completion of
participation in E&T.
State agencies will also be required to report the number and
percentage of E&T participants who, during the preceding FFY, were in
an education or training program that will lead to a recognized
postsecondary credential or employment and who are achieving measurable
skill gains, defined as documented academic, technical, occupational,
or other forms of progress, towards such a credential or employment.
This measure is intended to capture E&T participants who are working
towards attainment of a credential or employment but may not have had
sufficient time to achieve the intended outcome during the reporting
fiscal year. In essence, this measure is reporting E&T participants'
progress toward attainment of a credential or employment. Depending on
the type of education or training program, documented progress could
consist of one of the following:
<bullet> Documented achievement of at least one educational
functioning level of a participant who is receiving instruction below
the postsecondary education level.
<bullet> Documented attainment of a secondary school diploma or its
recognized equivalent.
<bullet> Secondary or postsecondary transcript or report card for a
sufficient number of credit hours that shows a participant is meeting
the State unit's academic standards.
<bullet> Satisfactory or better progress report, towards
established milestones, such as completion of one year of an
apprenticeship program or similar milestones, from the training
provider who is providing training.
<bullet> Successful passage of an exam that is required for a
particular occupation or progress in attaining technical or
occupational skills as evidenced by trade-related benchmarks such as
knowledge-based exams.
One commenter, commenting on the collection of the total number and
percentage of participants that completed an educational, training,
work experience of on-the job training measure, stated that the ability
to capture completion of components, specifically an education or
training component, is dependent upon a manual, individual-level
process and would pose an undue burden on States without clear benefit.
They asked what the Department hopes to deduce from this information.
Another commenter noted that the ability to capture completion of
components must be imbedded in the E&T case management system and would
require additional system functionality and would further require
direct reporting by participants and data entry by a worker. The
commenter asked if the Department would require verification of
completion and if documentation of completion would be included in
management evaluations or other Federal reviews. One commenter sought
clarification for the measure of completion of an educational,
training, work experience or on-the-job training component. They asked
that ``completion'' be defined, and a clarification of who is included
in the denominator, if it is all E&T participants or only those
participating in one of the components. One commenter stated that for
the completion of educational, training, work experience or on-the-job
training components a SNAP client has the potential to complete
multiple E&T
[[Page 90555]]
activities. They stated that the final rule should clarify whether
States should count completion in each of the components or just one
and if States should only be reporting completion in one component
during the fiscal year, clarify, how States should determine the
completion to be reported.
The Department acknowledges that capturing completion of components
would necessitate some level of case management, whether through a
manual process or through an automated system. However, separate and
apart from any reporting requirements, recording when participants
begin and complete any activity is a cornerstone of an effective
employment and training program, ensuring participants are making
progress toward individual goals as well as program goals. The
Department would note at the time of the interim final rule, the
Department established reporting measure for completion of an
education, training, work experience or on-the-job training (OJT)
component in 7 CFR 273.17(c)(17)(iv) of the interim final rule as a
measure that was specific to the SNAP E&T program. This was done,
partly because the Departments of Labor and Education were still in the
process of finalizing their policies for the educational common
measures of credential or certificate attainment and measurable skill
gains, for the WIOA programs. The Department is not aware of other
Federal agencies incorporating similar completion measures, and after
reconsideration the Department does not believe ``completion'' is a
meaningful measure. Therefore, considering the comments, the Department
is removing the completion of education, training, work experience and
on-the-job training reporting measure under 7 CFR 273.7(c)(17)(iv) and
replacing with two educational measures for attainment of credential or
certificate and measurable skill gains under new 7 CFR
273.7(c)(17)(ii).
J. Alignment of Measures With WIOA
Three commenters recommended that the Department fully align the
proposed measures and reporting requirements with those established in
WIOA and the final WIOA regulations to improve service integration and
support evaluation of outcomes across programs. One of the commenters
further stated that the Department should give States that choose to
integrate services across the WIOA and SNAP E&T programs the option of
using the common periods of participation with common exit used in WIOA
programs. The Department appreciates the recommendation to fully align
measures with those established in the WIOA programs. The measures in
the interim final rule were closely aligned but not identical to those
measures in WIOA. Some of the variation was attributable to differences
in the frequency of reporting and difference in data needs. At the time
of the interim final rule the Department did not include educational
measures that aligned with WIOA, partly because the Departments of
Labor and Education were still in the process of finalizing their
policy. The Department encourages and applauds coordination and
collaboration between WIOA and SNAP E&T to serve E&T participants. WIOA
guidance states that common exit occurs when a participant, enrolled in
multiple DOL-administered partner programs, has not received services
from any DOL-administered program in which the participant is enrolled,
to which the common exit policy applies, for at least 90 days, and no
future services are planned.\11\ In SNAP E&T an individual's
eligibility for SNAP E&T services is directly tied to their eligibility
and receipt of SNAP benefits, this means that an individual's
participation in SNAP E&T ends when they are no longer receiving SNAP
benefits. The Department believes that it would place an undue burden
on State agencies to apply the common exit principle for those
individuals who may be co-enrolled in SNAP E&T and WIOA programs.
Therefore, the Department is not making this change in this final rule.
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\11\ Training and Employment Guidance Letter No.10-16, Change 3
issued September June 11, 2024 ((<a href="https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2023/TEGL%2010-16%20Change%203/TEGL%2010-16%2C%20Change%203.pdf">https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2023/TEGL%2010-16%20Change%203/TEGL%2010-16%2C%20Change%203.pdf</a>).
---------------------------------------------------------------------------
One commenter, while supportive of aligning reporting requirements
between E&T and WIOA programs, suggested that the interim final rule
should provide additional implementation time to allow States to align
those standards. The commenter noted that SNAP E&T programs and WIOA
programs are administered by different State agencies and have
differences in vendors, outcome data tracking systems, eligibility and
participant tracking systems. The commenter believed additional time is
necessary to link the various systems and to align the reporting
requirements. The Department appreciates the comment and acknowledges
that State agencies need additional time to implement measures that are
aligned with WIOA. Therefore, the Department will delay implementation
of the educational reporting measures specified under the new 7 CFR
273.7(c)(17)(ii) until October 1, 2025.
K. Performance Standards
One commenter asked if the Department intended to apply performance
standards for outcome measures of employment, earnings and completion
of education, training, work experience or on-the-job training. The
Department would like to clarify that the provisions of section
16(h)(5)(A) of the Food and Nutrition Act of 2008, as amended by the
Agricultural Act of 2014, required the Department to assess the
effectiveness of States' E&T programs in preparing members of
households participating in SNAP for employment, including the
acquisition of basic skills necessary for employment, and in increasing
the number of household members who obtain and retain employment after
participation in SNAP E&T and to implement reporting measures to assist
in making the determination of effectiveness. It was not the intent of
the Department to apply performance standards or targets, or to compare
the effectiveness of one State's E&T program to other States due to
State flexibility in the design of their E&T program, such as the
participants targeted for services, services to be delivered and the
areas of the State for services, as well as the differences in labor
markets and targeted occupations.
Disaggregated Characteristics of E&T Participants in Reporting Measures
Section 16(h)(5)(B)(ii) of the Act, as amended by the Agricultural
Act of 2014, requires that the reporting measures developed by the
Department include additional indicators that reflect the challenges
facing the types of members of households participating in SNAP who
participate in a specific employment and training component. In the
interim final rule, the Department identified three participant
characteristics that it believed were the most important to understand
the challenges to employment faced by SNAP E&T participants and former
participants who are included in the reporting measures. Those
characteristics included whether the participants were voluntary or
mandatory participants; participants who had received a high school
degree (or GED) prior to being provided with E&T services; and were
able-bodied adults without dependents (ABAWDs). The interim final rule
required States to report the number and percentage of E&T participants
reported in each of the reporting measures, a disaggregation of the
number, and percentage of those participants and former participants by
each of the three characteristics.
[[Page 90556]]
In the interim final rule, the disaggregated characteristics for
the reporting measures, such as employment in the second or fourth
quarters after completion of participation in E&T, reflect the
composition of the outcome group. For example, the number of
individuals in unsubsidized employment in the second or fourth quarter
after completion of participation in E&T who are voluntary
participants. The denominator is the number of individuals in
unsubsidized employment in the second or fourth quarter after
completion of participation in E&T and the numerator is the number of
individuals who met one of the three characteristics.
Two commenters requested the Department clarify that the
disaggregated characteristics in the interim final rule require
reporting the outcomes of the disaggregated groups, not simply of the
composition of the group that is used to determine these outcomes. The
denominator would then be the total amount of individuals who meet the
characteristic, and the numerator would be the number of individuals
who meet that characteristic who are in unsubsidized employment in the
second or fourth quarter after completion of participation in E&T. For
example, the number and percentage of all voluntary participants in
unsubsidized employment during quarter two after completion of E&T
participation. One of the commenters noted that reporting employment,
earnings and credential attainment outcomes for subpopulations will
provide valuable information on the effectiveness of different SNAP E&T
strategies.
The Department agrees that the disaggregated characteristics for
the reporting measures, such as employment in the second or fourth
quarters after completion of participation in E&T, should reflect the
outcome observed for each characteristic, rather than the composition
of the outcome group. The Department further agrees that this change
would provide valuable information on the effectiveness of SNAP E&T
observed by each participant characteristic. As a result, the
Department is modifying the regulation for the disaggregated
characteristics of the reporting measures to reflect the outcomes
observed by each characteristic under renumbered 7 CFR
273.7(c)(17)(iii).
One commenter stated that individuals assigned to but not
participating in E&T should be treated as a subpopulation for reporting
purposes, just as are voluntary or mandatory participants, and
participants achieving or not achieving a high school degree or its
equivalent. The Department appreciates the suggestion that individuals
assigned to but not participating in E&T should be treated as a
subpopulation for reporting purposes. We agree that this is an
important factor in evaluating the effectiveness of an E&T program, and
the Department has recently modified the E&T Program Activity Report
(FNS-583) to capture additional reporting elements for States that
serve mandatory E&T participants through the 2021 final rule. The
Department believes the role of outcome measures is to measure the
impact of interventions received by participants, so covering
individuals who never participated in E&T is not helpful for those
outcome measures. However, the Department agrees that outcome measures
should reflect those individuals who were required to participate in
E&T, referred to E&T, began participating in an E&T program but who
were subsequently deemed ineligible for SNAP due to failure to comply
with E&T requirements. The Department believes that it is appropriate
and would add value to add a characteristic for mandatory E&T
participants who are deemed ineligible for SNAP due to a failure to
comply with E&T requirements and therefore are adding this as a new
characteristic under 7 CFR 273.7(c)(17)(iii).
The Department remains committed in our efforts to advance racial
equity and support for underserved communities, as demonstrated in
Executive Order 13985 and the USDA Equity Plan. The Department is
adding race and/or ethnicity of E&T participants as additional
participant characteristics to be reported by State agencies. This is
outlined in the race/ethnicity data collection requirements in 7 CFR
272.6(g). As the regulations at 7 CFR 272.6(g) and (h) require State
agencies to collect race and ethnicity data on participating households
and report the data to FNS, the Department does not believe reporting
measures by race and/or ethnicity will cause any additional burden on
the part of the State agencies. The Department will use the participant
characteristic information collected through the E&T Annual Reports,
such as the race and ethnicity data, in conjunction with other data of
SNAP participants to better understand and help identify potential
equity concerns at various stages of the SNAP E&T service delivery
process. This information will be used by the Department in assessing
State's effectiveness of the E&T program in meeting the needs of all
E&T participants.
State Component Measures
Section 4022(a)(2) of the Agricultural Act of 2014 amended section
16(h)(5)(B)(ii) of the Act to require each State agency to identify in
its annual E&T State Plan appropriate reporting measures for each
proposed component that serves a threshold of at least 100 participants
a year. The State agencies are then required to report on those
measures in their E&T Annual Reports to the Department. This section of
the Act provided several measures that State agencies could consider,
such as the percentage and number of program participants who received
E&T services and are in unsubsidized employment subsequent to the
receipt of those services. Other examples include State agency-
developed measures of a participant's interim progress toward achieving
goals of a specific component and the number and percentage of program
participants who are meeting program requirements in a component of the
State agency's E&T program. Section 16(h)(5)(C)(iii) also charged the
Department with the oversight responsibility to ensure that reporting
measures are appropriate to identify improvements in skills, training,
work and experience for participants in an E&T program component. The
interim final rule established under 7 CFR 273.7(c)(6)(xviii) the
requirement that State agencies include in the E&T State Plan a
reporting measure for every component that is expected to include 100
or more participants and include those measures in the E&T Annual
Report. The rule included the list of suggested measures specified in
the Act that State agencies could consider adopting. The Department
chose a threshold of 100 participants a year to be consistent with the
minimum specified in the Act. The Department would clarify that the
intent of component measures is to measure the effectiveness of the
intervention provided through the component so the ideal measure would
be closely tied to the time of the intervention. For example, an
appropriate measure for supervised job search is to measure E&T
participant's attainment of unsubsidized employment upon completion of
the component. To fulfill the Department's oversight responsibility,
the Department will work with State agencies through the State Plan
approval process to ensure that the State identified measures approved
in the State Plan are appropriate for each component.
One commenter noted that the interim final rule allows States to
establish their
[[Page 90557]]
own component reporting measures subject to the Department's review and
approval as part of the SNAP E&T State Plan review process. However,
the rule is silent on the criteria by which component measures will be
approved. The commenter suggests that the final rule provide that the
Department will presumptively approve State component measures which
are chosen from those measures suggested in the regulations and set
forth the criteria under which the Department will deem other proposed
measures appropriate. One commenter stated that, given the flexibility
in determining state-designed reporting measures for components
provided in the Act and interim final rule, it is essential that the
Department defer to the States when reviewing and approving reporting
measures in E&T State Plans. The commenter noted that with less than
100 days between the effective date of the interim final rule and the
date the State's FFY 2017 E&T plans were due, the States are best
situated to determine how they can effectively collect and report data
with very little time to plan. One commenter stated that the final rule
should describe what flexibility will be provided to change or adjust
reporting measures for individual components after approval as part of
the annual SNAP E&T Plan, and if a change is approved what measures the
State will be required to include in the annual report.
The Department agrees that State agencies are best suited to
determine an appropriate component measure that they can collect
effectively and efficiently. The primary criteria for a component
measure are that the measure be an outcome-based measure and not a
process measure. The measure should be relevant to the given component
and should be closely tied to the time of when the component was
utilized for participants. For example, a measure of a measurable skill
gains would not be applicable for a supervised job search component.
The regulations under 7 CFR 273.7(c)(8) provide that if a State agency
modifies or alters the nature or location of its components or the
number or characteristics of persons served, a State Plan amendment
must be submitted to the appropriate FNS Regional Office for approval
at least 30 days prior to the planned implementation. This requirement
extends to any proposed change in a component measure. If the proposed
change is approved the State agency would be required to include the
revised measure in that year's E&T Annual Report.
One commenter stated that the SNAP E&T Handbook published by the
Department on April 25, 2016, appears to include requirements for
county-level reporting measures for State supervised, county
administered States, while the interim rule does not. They stated they
do not believe that the statute provides the Department the authority
to require measures below the State level because section 4022(a)(2)
states that the Secretary will monitor E&T programs ``carried out by
State agencies'' and ``shall develop State reporting measures.'' They
do not believe that county-administered States should be held to
additional reporting requirements that are not required of State-
administered programs. The commenter proposed that the final rule
specifically preclude county-level measurement. The commenter
recommended that in the absence of such a prohibition, the Department
should also provide information to address whether county-level
reporting measurements were considered when the Department estimated
States' administrative burden in complying with the requirements
outlined in the interim rule.
The Department would like to clarify that the table of components
offered by each county included in the April 2016 E&T State Plan
Handbook was provided as an option that county-administered States may
use in completing the E&T State Plan. It was not intended to indicate
that additional reporting requirements were placed on county-
administered programs. Rather, it was intended to assist State agencies
in compiling the data collected from their counties. That optional
table has since been modified to remove reporting measures by county.
Further, the Department notes that section 11(a)(2) of the Food and
Nutrition Act of 2008, as amended, specifies that the responsibility of
the agency of State government shall not be affected by whether the
program is operated on a State-administered or county-administered
basis. Thus, the Act specifically places the responsibility with the
State agency for establishing component measures in the annual E&T
State Plan and reporting of those measures in the annual report.
Twenty (20) commenters recommended that States should be required
to report employment in the second and fourth quarters after completion
of E&T and the median quarterly earnings in the second quarter for any
component that is expected to include 100 or more participants, in
addition to any State measures. Three of the commenters further stated
that States should be required to report the completion of any
component. The commenters stated that such information at the component
level will allow States to assess the effectiveness of various
approaches and redirect resources toward components with the greatest
likelihood of helping SNAP participants improve their employability.
The Department appreciates the comments but notes that section
(16)(h)(5)(B)(iii) of the Act provides flexibility in identifying
appropriate reporting measures for every component that serves at least
100 participants a year in the annual E&T State Plans, with the
Department's approval. The interim final rule under 7 CFR
273.7(c)(6)(xviii) provided several examples of measures that State
agencies could choose, such as the number of program participants that
obtain unsubsidized employment subsequent to receipt of the component.
States also can identify other measures in addition to the examples
provided in the regulation. The Department would note that the intent
of individual component measures is to measure the impact of a
particular component. The Department does not believe that outcome
measures of the E&T program, such as the reporting measures for
employment and earnings six or twelve months after an individual's
participation in an E&T program, which could consist of multiple
components would be useful in measuring the effectiveness of a single
component. However, the Department encourages State agencies to
consider the full range of measures, including those measures that
would provide an interim benchmark for participant's progress toward
achieving goals of a specific component.
One commenter stated that the final rule should address how the
States are to be required to track component completion after a person
is no longer a SNAP recipient. The commenter explained that currently
there is no requirement in place for individuals to report their
employment or training status upon completing a SNAP E&T component and
that it would be very costly and difficult to obtain this information.
The Department wishes to clarify that SNAP regulations do not require
States to track component completion after a person is no longer a SNAP
recipient. Under 7 CFR 273.7(c)(6)(xviii) States have the discretion to
identify an appropriate component measure.
One commenter noted States would need additional time to develop
evaluation plans and establish effective collaboration with E&T vendors
and other stakeholders to develop a comprehensive evaluation plan for
each
[[Page 90558]]
proposed component serving at least 100 participants a year. They
indicated that adequate planning and development time would ensure that
collected data accurately measure intended outcomes. The commenter
recommended delaying the implementation of reporting requirements. The
Department appreciates the comment and acknowledges that adequate
planning and development time is essential for ensuring accurate data
collection procedures. The interim final regulations were published in
the Federal Register on March 24, 2016, effective May 23, 2016, and
States were required to identify component measures for components that
served at least 100 participants annually in the FY 2017 E&T State
Plan. While the Department realizes this only allowed States
approximately six months to establish data collection procedures for
component measures, guidance was issued in the Supplemental Nutrition
Assistance Program--section 4022 of the Agricultural Act of 2014--
Questions and Answer (Part I), issued July 26, 2016, that indicated
that the Department would work with individual States as needed to
allow additional lead time for the States to finalize reporting
measures and data sources.
In conclusion, the Department codifies the regulatory text in 7 CFR
273.7(c)(6)(xviii) as indicated in the interim final rule.
E&T Participant Characteristics
Section 16(h)(5)(C) of the Act, as amended by the Agricultural Act
of 2014, charges the Department with the responsibility for conducting
oversight of State E&T program activities and lists four specific
oversight activities. One of the activities includes ensuring that
program activities are appropriate to meet the needs of the individuals
referred by the State agency to an E&T program component. Additionally,
as stated previously, section 16(h)(5)(B)(ii) of the Act required that
reporting measures include additional indicators that reflect the
challenges facing the types of members of households participating in
SNAP who participate in a specific E&T component. Because the SNAP work
registrant population, like the general SNAP population, is very
diverse and faces a myriad of challenges to employment, such as
measurable educational attainment, the Department believed that to have
a better understanding of the effectiveness of SNAP E&T it must have a
more complete picture of the population that is being served in E&T.
For that reason, in the interim final rule the Department required
State agencies to report the number and percentage of all E&T
participants on seven characteristics. Those participant
characteristics included the participants who:
<bullet> Are voluntary vs. mandatory;
<bullet> Have achieved a high school degree (or GED) prior to being
provided with E&T services;
<bullet> Are ABAWDs;
<bullet> Speak English as a second language;
<bullet> Are male vs. female; and
<bullet> Belong in the following age ranges: 16-17, 18-35, 36-49,
50-59, 60 or older.
One commenter stated that it is unlikely that the six participant
characteristics information would be useful in understanding the
effectiveness of E&T programs, absent an effective way to establish
relationship between participant characteristics, assignments, and
outcomes. The commenter further stated that the Department did not have
specific statutory authority to require reporting of participant
characteristics and suggested more useful information on participant
characteristics and the availability of appropriate assignments could
be more efficiently obtained through specific research studies. Another
commenter stated that the collection of reliable educational levels is
problematic, and the utility of collecting is unclear. The commenter
stated that SNAP eligibility systems do not collect educational
attainment or an indicator for ``speaks English as a second language''
and that it's unclear what FNS intends to do with this information. The
commenter also stated that the language of ``prior to being provided
with E&T services'' is unclear and asked if SNAP E&T funds must be used
to pay for the full cost of a service to be considered ``provided'' and
how this applies to referrals to E&T.
The Department appreciates the comments but disagrees that
participant characteristics are not useful in understanding the
effectiveness of E&T programs. Based on widely reported research and
data, women, minorities and individuals with lower education levels
face additional obstacles to employment and lower earnings. To
understand the overall effectiveness of a program it is important to
consider the demographics of the population that is receiving the
services, as well as the challenges that face participants that have
less than a high school diploma or equivalency prior to participation
in E&T or participants that speak English as a second language. The
Department further disagrees that the Department does not have the
statutory authority to require reporting of participant
characteristics. Section 16(h)(5)(B)(ii) of the Act provided broad
discretion to the Department in creating reporting metrics by requiring
the inclusion of additional indicators that reflect the challenges
facing the types of members of households participating in SNAP E&T.
Additionally, the Act charges the Department with oversight
responsibility for ensuring that program activities are appropriate to
meet the needs of the individuals referred by the State agency to an
E&T program component. The inclusion of reporting participant
characteristics was in direct response to this requirement specified in
the Act, so the Department is retaining the participant characteristics
reporting and as described earlier, adding race and/or ethnicity as a
participant characteristic.
The interim final rule at 7 CFR 273.7(c)(17)(v) required States to
include in the annual report the number and percentage of E&T
participants who met the characteristic of having obtained a high
school diploma (or GED) prior to being provided with E&T services. The
Department agrees with the comment that the term ``prior to being
provided with E&T services'' is unclear. For that reason, to add
clarity, the Department is modifying the regulatory language in 7 CFR
273.7(c)(17)(v) for this characteristic to read ``E&T participants who
obtained high school diploma and equivalency prior to referral to
E&T.''
One commenter asked for the participant characteristic of education
attainment prior to participation in E&T, for States not already
tracking this information, how are States expected to capture data for
anyone that participates in FFY 2017 or after. The Department
appreciates the comment and notes that the Department allowed State
agencies who were not already collecting participant's educational
attainment prior to participation in E&T in their automated systems to
report that characteristic as ``unknown,'' until such time as the State
agency could modify their collection procedures to capture this
characteristic. Given the guidance, it is not necessary to make this
change in the final rule.
Two commenters inquired how participants should be reported if the
characteristic, such as ABAWD status, changes multiple times during a
reporting year. The Department issued guidance in the SNAP E&T Outcome
Reporting Interim Final Rule: Questions and Answers Part II \12\ on May
15, 2017, that State agencies should capture and report on a
participant's characteristic at
[[Page 90559]]
the time the individual begins an E&T program within the reported
fiscal year. No change is required in this final rule.
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\12\ SNAP E&T Outcome Reporting Interim Final Rule: Questions
and Answers Part II.
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One commenter noted that all references to high school degree or
GED should be replaced with ``high school diploma or equivalency.'' The
commenter stated that GED is a trademarked name and is only one of
several types of high school equivalency exams being used. The
Department appreciates the suggestion and is therefore providing a
change in the regulatory language under the renumbered 7 CFR
273.7(c)(17)(iii)(F) and 7 CFR 273.7(c)(17)(v)(C) to reference high
school diploma or equivalency.
Monitoring, Evaluating and Assessing State's E&T Programs
The Agricultural Act of 2014 amended section 16(h)(5)(A) of the Act
to require the Department to monitor and assess the effectiveness of
E&T programs carried out by State agencies in preparing members of
households participating in SNAP for employment, including the
acquisition of basic skills necessary for employment, and increasing
the number of household members who obtain and retain employment
subsequent to participation in E&T. The Act also established in section
16(h)(5)(C)(i)-(iii) of the Act specific Department oversight
activities of E&T programs, that included ensuring:
<bullet> Compliance with Federal E&T program rules and regulations;
<bullet> That program activities are appropriate to meet the needs
of the individuals referred by the State agency to an E&T program
component;
<bullet> That reporting measures are appropriate to identify
improvements in skills, training, work, and experience for participants
in an E&T program component.
Section 16(h)(5)(C)(iv) of the Act also specified Department
oversight responsibilities for evaluating the compliance of States that
receive an additional allocation for ensuring the availability of work
opportunities for ABAWDs. This section provided the Department the
authority to require any information from these States that were
determined appropriate for evaluating compliance. This included
requiring a report by the States on the number of individuals meeting
ABAWD criteria; the number offered a work opportunity; the number who
participated in such opportunities; and a description of the types of
opportunities available throughout the State.
Section 16(h)(5)(E) of the Act, as amended by the Agricultural Act
of 2014, gives the Department the authority to require a State agency
to make modifications to the State's E&T State Plan to improve outcomes
if the Department determines that the E&T outcomes are inadequate.
The SNAP regulations at 7 CFR 275.3(a) already requires FNS to
conduct management evaluations (ME) reviews of targeted areas of SNAP
program areas each year, including E&T. FNS identifies target areas
each year based upon a number of considerations, including recent
policy changes, risk to Federal funds and risk to program access. For
example, FNS may identify program access as an area that the regional
offices are required to review in every State, and nutrition education
as an area to be reviewed on an at-risk basis, as necessary. This
affords FNS maximum flexibility to target resources to those current
areas of vulnerability or agency priorities.
In previous years, FNS has not required its regional offices to
perform an ME of each State's E&T program. FNS has required its
regional offices to review E&T programs in States that operate third-
party partner programs, or that have combined Federal and non-Federal
budgets over a certain threshold. As part of its general monitoring and
oversight responsibilities, FNS will meet the requirement of the Act by
continuing to perform MEs of States' E&T programs but will also
continue to establish in guidance which target areas to focus attention
each year.\13\
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\13\ Fiscal Year 2023 State Management Evaluation Target Areas
(<a href="https://www.fns.usda.gov/snap/fiscal-year-2023-state-management-evaluation-target-areas">https://www.fns.usda.gov/snap/fiscal-year-2023-state-management-evaluation-target-areas</a>).
---------------------------------------------------------------------------
In addition, under existing authority FNS is required to review and
approve State agencies' E&T plans and budgets. Through this process,
FNS ensures that individual components are structured to meet the needs
of participants and that the reporting measures for individual
components with more than 100 projected participants required by this
rule are appropriate to measure the impact of the components on
participants.
The interim final rule under 7 CFR 273.7(c)(16) established that
FNS may require a State agency to make modifications to its SNAP E&T
State Plan to improve outcomes if FNS determines that the E&T outcomes
are inadequate.
Two commenters provided remarks on the Department's monitoring,
evaluating, and assessing of States' E&T programs. One commenter stated
that they were concerned the rule discussed consequences for inadequate
performance without any indication as to how performance expectations
would be set and what would be considered inadequate. Another commenter
stated that the final rule should address how the Department would
monitor State E&T programs, assess their effectiveness, and determine
that the State agencies' E&T outcomes are inadequate. The commenter
asked what standards the Department will use to determine differential
performances across States.
The Department appreciates the comments. As stated previously,
section 16(h)(5)(A) of the Act charges the Department with the
responsibility to assess the effectiveness of E&T programs in preparing
members of SNAP households for employment, including the acquisition of
skills necessary for employment, and increasing the number of household
members who obtain and retain employment subsequent to participation in
E&T programs. Section 16(h)(5)(C) of the Act also requires the
Department to evaluate State agencies' E&T programs on a periodic basis
to ensure compliance with Federal E&T program rules and regulations;
that program activities are appropriate to meet the needs of
individuals referred by the State agency to an E&T program; and that
reporting measures are appropriate to identify improvements in skills,
training, work experience for participants in an employment and
training program component. As mentioned previously, the interim final
rule under 7 CFR 273.7(c)(16) established that FNS may require a State
agency to make modifications to its SNAP E&T State Plan to improve
outcomes if FNS determines that the E&T outcomes were inadequate. When
the Department's oversight responsibilities for the assessment of
effectiveness of E&T programs is considered, the Department believes
that the term `outcomes' may be mistakenly assumed to refer only to the
reporting measures rather than to outcomes of the overall assessment of
E&T programs' effectiveness. The reporting measures from the E&T Annual
Report are just one tool the Department will utilize to assess the
effectiveness of a State agency's E&T program. Other information the
Department will also use includes, but is not limited to, E&T State
Plans, E&T Program Activity Reports (FNS-583), and ME reviews. Because
State agencies have great flexibility in the design of their E&T
program, in terms of targeted population, location of services, range
of components, as well as differing labor
[[Page 90560]]
markets, the Department does not intend to set a benchmark or a
threshold for inadequate performance but will rather assess and
evaluate each State agency, taking into consideration attributes of a
State's E&T program. As discussed further in this section the
Department is developing a framework for assessing State's E&T
programs. The attributes of a State's E&T program, such as targeted
populations and differing labor markets is considered within the design
of the framework. The Department does not believe it necessary to
include these attributes in the regulations. However, to provide
transparency and clarity, the Department is modifying the regulatory
text at 7 CFR 273.7(c)(16) to include the sources of information the
Department will use to determine the effectiveness of a State's E&T
program, such as E&T State Plans, ME reviews, E&T Program Activity
Reports, E&T Annual Reports and other factors the Department determines
appropriate to the assessment. The Department is also amending this
section to stipulate FNS' responsibility to assess that program
activities are appropriate to meet the needs of individuals referred by
the State agency to an E&T program.
One commenter stated they appreciated that the Department would
consider unemployment rates together with other important factors when
looking at the unique challenges SNAP E&T participants face. The
commenter encouraged the Department to consider a broad array of labor
market indicators, including the Bureau of Labor Statistics alternative
measures of labor market underutilization. They noted that labor market
demand, not only a mismatch of skills to available jobs, is a key
driver of the unemployment and underemployment problems many SNAP
participants face. One commenter stated that it is critical that any
attempt to use long-term data to determine the efficacy of an E&T
program take into consideration any external influences that may have
an impact on the job retention of an E&T participant but is not caused
by the overall effectiveness of the training services received from an
E&T vendor. This caution will ensure that States, stakeholders, and
advocates are focusing on variables that are within the control of the
E&T program, and not those that are outside the program's control. The
Department appreciates the comments and agrees that when evaluating the
effectiveness of State's E&T programs, external factors, such as the
alternative measures of labor market underutilization, are important to
consider when looking at the challenges SNAP E&T participants face. As
previously mentioned, the Department is adding regulatory text to 7 CFR
273.7(c)(16) to clarify the information the Department will use in
evaluating the effectiveness of States' E&T programs.
Currently, under 7 CFR 273.7(c)(16), FNS may require a State agency
to make modifications to its SNAP E&T State Plan to improve outcomes if
FNS determines that the E&T outcomes were inadequate. FNS will evaluate
the effectiveness of SNAP E&T programs in several categories, such as
intentional program design, integrated eligibility, deliberate program
operations, and meaningful outcomes. FNS is amending 7 CFR 273.7(c)(16)
to reflect these considerations. FNS will develop a framework with more
detail which will be issued in guidance but anticipates each assessment
category will contain various factors that may influence how effective
programs are administered. For example, under deliberate program
operations, factors may include component availability, component
utilization, and whether the components offered are appropriate to
meets the needs of the State's targeted population. One factor alone
will not indicate whether a State's program is effective, but all the
factors when viewed in their totality will provide a roadmap for needed
areas of improvement. This assessment is not intended to provide a
benchmark or performance target. Nor is the assessment intended to
compare one State's E&T program against another. Rather, when
determining effectiveness, FNS will consider whether the State's E&T
program is designed and implemented with the purpose of meeting the
needs of SNAP participants and assisting participants in gaining the
skills necessary to obtain and retain employment.
If through this effectiveness assessment of a State's E&T program,
which includes, but is not limited to information collected through ME
reviews and corrective action plans, and program activity reports, the
State is found to have inadequate outcomes, such as inappropriate
components for the targeted population the State serves in E&T, FNS
will provide technical assistance to the State agency and make
recommendations for modifications to the State's E&T State Plan.
Depending upon the impact of the inadequate outcome on E&T
participants, such as a high rate of individuals being deemed
ineligible for SNAP benefits due to failure to comply with E&T
requirements, FNS may require State agencies to amend their plan within
that FFY. For other instances the State agency may be required to make
the necessary modifications no later than in the E&T State Plan
submitted for the next FFY. E&T State Plans are due at least 45 days
before the start of a FFY as provided under 7 CFR 273.7(c)(8). The
Department is modifying the regulation under 7 CFR 273.7(c)(16) to
clarify that the modifications must be made before FNS will approve
State E&T Plans.
As a consequence for a State agency's failure to modify their E&T
State Plan according to the recommendations by FNS to improve the
effectiveness of the State's E&T program, FNS will employ the current
authorities provided in the regulations under 7 CFR 272.2(e) to deny
the State agency's E&T plan and under 7 CFR 273.7(d)(1)(ii)(B) that
states a State agency's receipt of its 100 percent Federal E&T grant is
contingent on FNS' approval of the State agency's E&T plan. This
regulation further stipulates that non-receipt of an E&T grant does not
release a State agency from its responsibility to design and operate an
E&T program. Additionally, FNS will follow the procedure provided under
7 CFR 276.4 regarding suspension and disallowance of administrative
funds due to FNS determination of the efficiency and effectiveness of
State agencies administration of SNAP. Under this process, FNS will
provide advance warning to the State agency that their failure to
modify their E&T State Plan can result in FNS rescinding the prior
approval of the State agency's E&T State Plan and the State agency may
be at risk of having administrative funds, including the 100 percent
E&T Federal grant and E&T 50 percent reimbursement funds, suspended or
disallowed until the State comes into compliance.
Procedural Matters
Executive Order 12866, 13563, and 14094
Executive Orders 12866, 13563, and 14094 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 significant under
Executive Order 12866, as amended by Executive Order
[[Page 90561]]
14094, and was reviewed by the Office of Management and Budget (OMB) in
conformance with Executive Order 12866.
Summary of Total Cost Impacts
A regulatory impact analysis must be prepared for regulatory
actions that are significant as defined by section 3(f)(1) of E.O.
12866, as amended by E.O. 14904. This final rule does not meet the
definition of significant under section 3(f)(1) of E.O. 12866, as
amended, and therefore the Department has prepared an economic summary
of the rule, rather than a regulatory impact analysis.
This final rule makes changes to the interim final rule (IFR)
published by the Department on March 24, 2016, and made effective May
23, 2016. The Department expects several of the final rule provisions
to impact FNS or State administrative costs. This final rule is not
expected to impact SNAP participants' benefit levels and is expected to
minimally impact household burden. For this economic analysis, the
Department compares the final rule's costs and savings to a pre-IFR
baseline of burden costs, in addition to the currently approved
information collection request (ICR) which already incorporates
activities of the IFR since it was updated in 2022 (OMB #0584-0614,
approved from December 29, 2022, through December 31, 2025). As such,
comparisons to the current ICR indicate changes in burden caused by the
final rule compared to the IFR.
The following provisions are expected to have measurable impacts:
Final rule provisions that are unchanged from the interim final
rule (IFR): These provisions represent a change from the pre-IFR
baseline, but no change from the burden hours estimated under the IFR's
provisions and the currently approved ICR.
<bullet> 7 CFR 273.7(c)(6)(xviii) requires State agencies to
identify component measures in their E&T Plans.
<bullet> 7 CFR 273.7(c)(17)(i)(A)-(C) requires State agencies to
report on employment and earnings measures in an E&T Annual Report,
renumbered in this final rule.
<bullet> 7 CFR 273.7(c)(17)(vi) requires State agencies to report
the component measures identified in its E&T Plan, renumbered in this
final rule.
<bullet> 7 CFR 273.7(c)(17)(vii) requires ABAWD pledge States that
have received additional allocation funds to report information
regarding the use of those funds, renumbered in this final rule.
<bullet> 7 CFR 272.1(f) mandates E&T Annual Report recordkeeping
requirements.
Final rule provisions that are revised or newly added: These
provisions represent a change from the pre-IFR baseline and from the
burden hours estimated under the IFR's provisions in the currently
approved ICR.
<bullet> 7 CFR 273.7(c)(17)(ii)(A)-(B) requires State agencies to
report on educational measures in an E&T Annual Report.
<bullet> 7 CFR 273.7(c)(17)(iii) requires State agencies to report
on seven participant characteristics, a change from the four
characteristics required in the IFR, for the employment and earnings
measures and educational measures in 273.7(c)(17)(i) through (ii).
<bullet> 7 CFR 273.7(c)(17)(v) modifies the reporting requirements
for E&T participant characteristics established by the IFR to include
race and/or ethnicity.
<bullet> 7 CFR 273.7(c)(17)(iv) removes the IFR requirement for
State agencies to report measures on completion of education, training,
work experience, and on-the-job training. Additionally, the final rule
adds required reporting for State agencies that serve mandatory E&T
participants, which was not included in the IFR.
Below, table 1 provides a summary of the total effects of all
provisions in the final rule, compared to the pre-IFR baseline. The
Baseline column shows the annual costs for each final rule provision,
prior to implementation of the IFR. The columns with FY headers show
the effects of the final rule in that specific fiscal year. FY 2026 is
the first implementation year and the first year in which the discount
rate is applied. As noted previously, there are no anticipated impacts
on SNAP benefit payments to households (transfers) and nominal burden-
related costs to SNAP households. The cost for State agencies to
conduct ongoing E&T program reporting and recordkeeping over five years
(FY 2026 through FY 2030) is $4.33 million. The cost for Federal (FNS)
staff to review and analyze the E&T outcome data provided by State
agencies over five years is about $50,100. The total combined cost to
State and Federal governments over five years, compared to pre-IFR
policy, is approximately $4.38 million. All costs, except for those in
discounted cost impact rows of table 1, are adjusted annually for
inflation using the Consumer Price Index for Uban Wage Earners and
Clerical Workers (CPI-W) fiscal year-over-fiscal year projections from
OMB's Economic Assumptions for the FY 2025 Midsession Update.
Table 1--Summary of Total Cost Impacts, Compared to Pre-IFR Baseline *
[Adjusted annually for inflation **]
----------------------------------------------------------------------------------------------------------------
Pre-IFR 5-Year
Baseline: *** FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 total
----------------------------------------------------------------------------------------------------------------
Costs Due to State Agency
Burden (in 000s):
Identifying State $0 $8.8 $9.1 $9.3 $9.5 $9.7 $46.3
component measures......
Reporting employment and 0 265.4 271.5 277.8 284.2 290.7 1,389.5
earnings measures.......
Reporting State component 0 88.5 90.5 92.6 94.7 96.9 463.2
measures................
Additional reporting for 0 8.3 8.5 8.7 8.9 9.1 43.7
ABAWD pledge States.....
E&T Annual Report 0 4.4 4.5 4.6 4.7 4.8 23.2
recordkeeping...........
Reporting educational 0 353.9 362.0 370.4 378.9 387.6 1,852.7
measures................
Reporting 7 participant 0 44.2 45.3 46.3 47.4 48.4 231.6
characteristics for
measures................
Reporting E&T participant 0 44.2 45.3 46.3 47.4 48.4 231.6
characteristics.........
Mandatory E&T program 0 8.3 8.5 8.7 8.9 9.1 43.7
reporting...............
----------------------------------------------------------------------------------
Total................ 0 826.2 845.2 864.6 884.5 904.8 4,325.5
Discounted Cost Impact (in
000s):
7 percent................ 0 768.4 768.4 768.4 768.4 768.4 3,841.9
3 percent................ 0 801.4 801.4 801.4 801.4 801.4 4,007.1
Costs Due to Federal Burden
(in 000s):
Reviewing and analyzing $0 9.6 9.8 10.0 10.2 10.5 50.1
E&T outcome data........
Discounted Cost Impact:
7 percent................ $0 8.9 8.9 8.9 8.9 8.9 44.5
3 percent................ 0 9.3 9.3 9.3 9.3 9.3 46.4
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.
[[Page 90562]]
** Estimates (excluding those in the discounted cost impact rows) were adjusted for inflation using BLS' CPI-W,
from the Office of Management and Budget's Economic Assumptions in the FY 2025 Midsession Update.
*** Prior to the IFR taking effect on May 23, 2016.
The final rule's provisions will result in substantial benefits for
FNS, State SNAP E&T programs, and SNAP E&T participants. Currently,
research on the effects of SNAP E&T is limited and participant outcomes
have not been quantified on a large scale. The improved reporting
requirements finalized in this rule will allow FNS and State agencies
to better measure and monitor the effectiveness of E&T programs and
strategically improve those programs. FNS can use these data to assess
which practices work well in SNAP E&T and share those best practices
across State agencies. The final rule also allows FNS to require State
agencies to modify their E&T State Plan if the data show inadequate
outcomes in their E&T program. By improving E&T programs, participants
will be better prepared for employment by acquiring the necessary
skills to obtain and retain employment upon completion of E&T.
FNS expects State agencies will not incur implementation costs in
excess of those incurred as a result of the IFR. The implementation
costs associated with this final rule include one-time costs for
developing new or modifying existing data collection systems for E&T
programs. FNS expects State agencies will incur a small increase in
recurring burden costs in excess of those incurred as a result of the
IFR. We estimate an increase of 740 total hours from the burden hours
included in the currently approved ICR due to the addition of reporting
on educational measures and State agencies that serve mandatory E&T
participants. As a result, annual State E&T reporting and recordkeeping
will cost an additional $61,764 per year in FY 2026 dollars,\14\
compared to the estimated costs in the current ICR. However, the
Department acknowledges that there are uncertainties which could affect
State burden (see Uncertainties section). Compared to a pre-IFR
baseline, ongoing State agency burden as a result of the final rule are
estimated to be approximately 186.8 hours per State, or 9,899 total
hours annually.
---------------------------------------------------------------------------
\14\ Based on a $57.92 median hourly wage for Computer and
Information Systems Managers (11-3021) in May 2023 and multiplied by
1.33 for a fully loaded wage of $77.03. Base wage derived from BLS
Occupational Employment and Wage Statistics data (found here:
<a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>) and
inflated using OMB's FY 2025 Mid-Session CPI-W projections in future
years.
---------------------------------------------------------------------------
The Department funds SNAP E&T programs through E&T grants and
additional grants for State agencies that pledge to serve all
individuals who are subject to the SNAP work requirement for able-
bodied adults without dependents (ABAWDs) and are at-risk of losing
eligibility due to time-limited participation. The Department allocates
these funds annually to State agencies based on the percentage of work
registrants and time-limited participants in each State. State agencies
may use their 100-percent federally funded E&T grants to pay for all
costs associated with the implementation of this final rule. As such,
the Department estimates the net cost to State agencies for these
activities will be $0. However, the Federal government will provide 50-
percent reimbursement for administrative costs that exceed the State
agencies' E&T grants.\15\
---------------------------------------------------------------------------
\15\ Due to the uncertainties around States' decisions to use
their E&T grants to fully fund implementation of this rule, the
Department cannot quantify costs to the Federal government with more
specificity.
---------------------------------------------------------------------------
State Agency Implementation Costs
State agencies may find it necessary to implement system
modifications to report on new measures that were not required in the
IFR, including educational measures and mandatory E&T program measures.
However, the Department estimates the new measures will not add to the
overall implementation burden costs associated with the IFR included in
the currently approved ICR (see table 2, below). This assumes that
State agencies would rely on government entities with which they
already have data matching or sharing agreements, but may need to
renegotiate those agreements, such as with State Unemployment Insurance
agencies for the matching of quarterly wage records, as well as other
existing sources to obtain administrative data, including SNAP
eligibility systems. The Department acknowledges that the actual number
of hours to implement this final rule will vary by State agency (see
Uncertainties section).
According to the Bureau of Labor Statistics data at time of
analysis, the fully loaded median hourly rate for functions performed
by State agency workers for SNAP is $77.03 in 2023 dollars.\16\ Using
this hourly rate and CPI-W projections from OMB to adjust for
inflation, the one-time implementation costs associated with all
provisions in the final rule, in comparison to the pre-IFR baseline,
will total an estimated $2.3 million in FY 2026.
---------------------------------------------------------------------------
\16\ Based on a $57.92 median hourly wage for Computer and
Information Systems Managers (11-3021) in May 2023 and multiplied by
1.33 for a fully loaded wage of $77.03. Base wage derived from BLS
Occupational Employment and Wage Statistics data (found here:
<a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>).
Table 2--Implementation Costs
[In FY2026 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total annual Total annual
Number of respondents Hours per burden hours burden hours Difference (IFR- Total start-up
response (IFR) (final rule) final rule) costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
53....................................................... 520 27,560 27,560 0 $2,300,278
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Agency Ongoing Costs and Savings
The Department notes that States will be permitted to cover the
burden-related costs associated with this final rule with 100-percent
federally funded E&T grants. Therefore, the Department does not expect
State agencies to directly incur ongoing costs because of the final
rule. All costs in this section are in FY 2026 dollars and are expected
to increase annually due to inflation.
Provisions that are unchanged from the interim final rule (IFR) to
the final rule: Burden hours identified in this section are included in
the currently approved ICR and are unchanged by the final rule. Costs
noted in this section are relative to the pre-IFR baseline.
Identifying State component measures in E&T State Plan. State
agencies are
[[Page 90563]]
required to identify in their E&T State Plan an outcome reporting
measure for every component that serves at least 100 participants
annually. Each State SNAP agency is estimated to spend two hours
annually to identify component measures (106 total hours, annually),
with a total annual cost of $8,847. There is no change in burden hours
from the currently approved ICR.
Reporting employment and earnings measures. State agencies are
required to report on employment and earnings measures for E&T
participants and former participants in their E&T Annual Report. Fifty-
three State agencies are expected to spend 60 hours annually to report
these measures (3,180 total hours, annually), with a total annual cost
of $265,417. There is no change in burden hours from the currently
approved ICR.
Reporting State component measures: State agencies are required to
report component measures for E&T components serving at least 100
participants a year. Each State agency is expected to spend 20 hours
per year on this requirement (1,060 total burden hours, annually), with
a total annual cost of $88,472. There is no change in burden hours from
the currently approved ICR.
Additional reporting for ABAWD pledge States. State agencies that
have committed to offering at-risk ABAWDs participation in a qualifying
activity and have received additional funds are required to report on
the use of those funds. Ten State agencies \17\ are each expected to
spend 10 hours on this requirement (100 total hours, annually), with a
total annual cost of $8,346. There is no change in burden hours from
the currently approved ICR.
---------------------------------------------------------------------------
\17\ The estimation of 10 ABAWD pledge States is based on the
average number of participating States prior to the COVID-19 Public
Health Emergency.
---------------------------------------------------------------------------
Recordkeeping for E&T Annual Report: State agencies are required to
conduct recordkeeping for the E&T Annual Report. Each State agency is
expected to spend one hour on this task per year (53 total hours,
annually), with a total annual cost of $4,424. There is no change in
burden hours from the currently approved ICR.
Provisions that are revised or new in the final rule: Costs and
savings identified in this section differ from those caused by the IFR,
which are included in the currently approved ICR. Costs and savings in
this section are discussed relative to the currently approved ICR and
the pre-IFR baseline.
New requirement to report educational measures, replacing
requirement to report E&T annual measures in IFR. State agencies will
be required to report on new educational measures for attainment of a
credential or certificate and measurable skill gains for all E&T
participants enrolled in education or training programs. These measures
align with Workforce Innovation and Opportunity Act (WIOA) programs and
replace the previous reporting measures in the IFR that required State
agencies to report on completion of education, training, work
experience, and on-the-job training. Each of the 53 State agencies are
expected to spend 80 hours annually reporting these measures (4,240
total hours, annually) with a total annual cost of $353,889. Because
the reporting requirements that are being replaced represent 3,600
total burden hours in the currently approved ICR, this change in the
final rule results in a net increase of 640 annual burden hours and a
net annual cost increase of $53,417.
Modified requirement to report participant characteristics for
reporting measures. State agencies are required to report on four
participant characteristics for each employment, earnings and
educational measures under the IFR. The final rule adds three
additional participant characteristics for the reporting measures: race
and/or ethnicity, and mandatory E&T participants deemed ineligible due
to failure to comply with mandatory E&T. Each State agency is expected
to spend 10 hours annually on this requirement (530 total burden hours,
annually), with a total annual cost of $44,236. The requirement to
report on four participant characteristics, which has become seven
characteristics in this final rule, was previously included with
another requirement in the IFR (See Modified requirement to report E&T
participant characteristics, in the next paragraph of this section).
That requirement was approved for a total of 1,060 burden hours in the
currently approved ICR. The 530 total burden hours for this requirement
were transferred from those 1,060 burden hours and do not reflect new
burden hours.
Modified requirement to report E&T participant characteristics. The
final rule is adding race and/or ethnicity to the list of E&T
participant characteristics that State agencies are required to report
as established in the IFR. Each of the 53 State agencies are expected
to spend 10 hours annually on this requirement, with a total cost of
$44,236 annually. State agencies were previously expected to spend 20
hours on this requirement under the currently approved ICR because it
included the required reporting on four participant characteristics for
reporting measures. However, this participant characteristics reporting
requirement has been modified to seven participant characteristics and
renumbered in the final rule (see Modified requirement to report seven
participant characteristics for reporting measures in this section).
Ten of the allotted 20 burden hours for this provision were transferred
to the seven participant characteristics reporting requirement.
Therefore, this modified requirement does not result in an overall
change in annual burden hours compared to the currently approved ICR.
New requirement for mandatory E&T program reporting. State agencies
that serve mandatory E&T participants will be required to report on the
number of SNAP participants who were required to participate in E&T and
were referred to E&T, and the number and percentages of SNAP
participants who were deemed ineligible for failure to comply with E&T
requirements. This is a new provision that was not included in the IFR.
Each State agency that serves mandatory E&T participants is expected to
spend 10 hours implementing this new requirement. On average, 10 State
agencies serve mandatory E&T participants (resulting in 100 total
burden hours, annually), with a total annual cost of $8,346.
Annual Federal Government Cost
FNS National Office employees must review and analyze the outcome
data provided by State agencies as required by this final rule. An FNS
National Office analyst at a GS-13 Step 5 level is expected to spend
two hours to review each of the 53 State agencies' outcome data once
per year for a total annual cost of $9,480, compared to the pre-IFR
baseline.\18\ It is also estimated that an FNS National Office analyst
at the GS-14 Step 1 level will spend one hour reviewing and approving
the information, for a total annual cost of $93.25. The combined
Federal costs associated with FNS review and analysis of E&T outcome
data is $9,573 in FY 2026 dollars. The final rule does not cause a
change in Federal burden hours compared to the currently approved ICR.
---------------------------------------------------------------------------
\18\ Based on fully loaded wage (multiplied by 1.33) in FY 2024.
Hourly wage rates available here: <a href="https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2024/DCB_h.pdf">https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2024/DCB_h.pdf</a>.
---------------------------------------------------------------------------
Annual Household Administrative Burden
The Department estimates that household burden due to the final
rule will be minimal. A small number of E&T participants may face
additional
[[Page 90564]]
reporting burden due to the need to contact these individuals to track
outcomes. However, the Department expects State agencies to bear the
primary burden of tracking and reporting E&T outcomes. The final rule
does not cause a change in annual household administrative burden
compared to the currently approved ICR.
Uncertainties
There is considerable variation in the size and scope of States'
E&T programs. There is also significant variation in the structure and
functionality of SNAP E&T data systems and State SNAP eligibility
systems. This variability makes it difficult to anticipate the changes
that State agencies might need to make to collect and report the
required outcome data. For these estimates, the Department assumed that
State agencies use a combination of methods to collect data, including
using existing automated systems data, collecting new data, and
collecting data for a sample of participants. Although the exact
methods State agencies use could affect the cost, the Department
expects that the total cost of the final rule will be minimal.
Additionally, there is uncertainty regarding how State agencies
will fund costs associated with State agency burden hours in this final
rule. State agencies will be able to use their 100-percent federally
funded E&T grants to pay for all costs associated with this rule, so
the Department anticipates that the net cost to State agencies will be
$0. However, State agencies may choose not to use their E&T grant funds
or to use only a portion of the funds, in which case they would incur
administrative expenses.
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 provisions of this final rule
apply to State agencies, which are not small entities as defined by the
Regulatory Flexibility Act.
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 meeting the criteria in 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
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.)
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
federalism implications. 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 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 the final rule, in accordance with the 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. FNS specifically
prohibits the State and local government agencies that administer the
Program from engaging in actions that discriminate based on race, color
national origin, sex (including gender identity and sexual
orientation), religious creed, age, disability, and political beliefs.
SNAP's nondiscrimination regulation can be found at 7 CFR 272.6(a). The
final rule does not change these requirements. The final rule will
require State agencies to collect and report outcome data on SNAP E&T
programs and will not change work requirements or impact the population
subject to work requirements. FNS will provide implementation guidance
to State agencies through webinars or policy meetings for State
agencies requesting technical assistance. FNS will also assist State
agencies in improving the collection and analysis of State E&T data
systems. FNS will provide information to program stakeholders,
including State agencies and the general public, using a variety of
communication methods: in-person, written and electronic, including
ensuring that program information is generally available in multiple
languages, and new materials on FNS' websites are compliant with
section 508 of the Rehabilitation Act of 1973.
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
[[Page 90565]]
between the Federal Government and Indian Tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian Tribes. This rule will not 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. Thus, Executive Order 13175 does not
apply to this action.
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.
In accordance with the Paperwork Reduction Act of 1995, this final
rule will contain 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 this final
rule.
Comments on this final rule must be received by January 17, 2025.
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: SNAP: Employment and Training Program Performance
Measurement, Monitoring and Reporting Requirements
OMB Number: 0584-0614.
Form Number: Not Applicable.
Expiration Date: December 31, 2025.
Type of Request: Revision of a currently approved collection.
Abstract: As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), FNS is submitting this information collection to OMB
for its review and approval. The final rule will require State agencies
to collect and report annually on: (1) the number and percentage of all
E&T participants who are in unsubsidized employment during the second
and fourth quarters after completion of participation in E&T; (2)
Median quarterly wages of the E&T participants who are in unsubsidized
employment during the second quarter after completion of participation
in E&T; (3) educational measures for attainment of credential or
certificates and measurable skill gains for all E&T participants
enrolled in education or training programs; (4) employment, earnings
and educational measures for each of seven unique participant
characteristics; (5) certain unique characteristics of all E&T
participants that participate in E&T during the preceding Federal
fiscal year.
The final rule also requires State agencies to identify in the
annual E&T State Plan appropriate reporting measures for each proposed
component that is projected to serve a threshold of at least 100
participants a year and report on those measures in the E&T Annual
Report. Additionally, the final rule requires that State agencies that
have committed to offering all ABAWDs at risk of losing eligibility due
to time-limited participation a slot in a qualifying activity and have
received an additional allocation of funds, to report information
regarding the use of those funds.
The information collection for the SNAP E&T Performance
Measurement, Monitoring and Reporting Requirements is currently
approved under OMB Control No. 0584-0614, expiration date December 31,
2025. The changes made to this information collection because of the
final rule is described below. Once OMB approves the information
collection request associated with this final rulemaking activity, the
agency will publish a separate notice in the Federal Register
announcing OMB approval.
Change from Interim Final Rule: The interim final rule established
a reporting measure for the completion of an educational, training,
work experience or on-the-job training component under 7 CFR
273.7(c)(17)(iv). The final rule removes and replaces this measure with
two educational measures under the renumbered 7 CFR 273.7(c)(17)(ii).
The interim final rule required State agencies to disaggregate each
of the reporting measures by four key participant characteristics under
7 CFR 273.7(c)(17)(vi). The final rule removes this disaggregation
requirement and under the renumbered 7 CFR 273.7(c)(17)(iii) requires
the State agencies to report the reporting measures of employment,
earnings and educational measures for each of the key participant
characteristics, including two additional key participant
characteristics for race and/or ethnicity and mandatory E&T
participants deemed ineligible due to failure to comply with mandatory
E&T.
The interim final rule required State agencies to report the number
and percentage of all E&T participants that participated during the
reporting fiscal year for seven (7) participant characteristics under 7
CFR 273.7(c)(17)(v). The final rule modifies this requirement by adding
race and/or ethnicity to the participant characteristics to be
reported.
The final rule under 7 CFR 273.7(c)(17)(iv) adds additional
reporting requirements for State agencies that serve mandatory E&T
participants.
The Department received some comments on the cost and hour burden,
as well as comments related to the underlying policy. One commenter
noted that the regulations require several data elements that some
State agencies currently do not collect that may require system
implementation costs, including one-time capital costs, additional
reporting costs for collecting and creating the required reporting
measures and ongoing costs for operating and maintaining those system.
The commenter suggested that the final regulations should explain how
the Department determined that the interim rule did not meet the $100
million threshold that would subject the regulation to the Federal
Unfunded Mandates Reform Act (UMRA). The commenter also suggested that
the final regulations should state the amount of additional funds the
Department would make available to States to pay for these
implementation costs. The Department appreciates the comment and would
note that in determining the cost to implement the Department
considered the analysis conducted of FY 2013 State agency E&T State
Plans that indicated that thirty-six State agencies tracked the number
of E&T participants that enter employment. The Department anticipated
that some of the system implementation costs, including the one-time
capital costs and the ongoing costs for collecting and reporting, could
be paid for using the existing Federal grant funds States receive to
operate E&T and that State funds in excess of
[[Page 90566]]
those grant funds are reimbursed at a 50 percent rate by the Federal
government.
One State agency believed, based on their experience, that the
burden estimate for rule implementation was underestimated by the
Department. They noted that they had recently completely redesigned
their E&T data system that resulted in 14,577 hours of contractor time
and 9,400 hours of State agency staff time totaling approximately $1.5
million. The commenter estimated that modifications to implement the
new reporting requirements would require at least 4,000 hours of
contractor time and 2,600 hours of State staff for an estimated cost of
approximately $546,000. The commenter believes that other States would
likely need to invest a similar amount of time and money to comply with
the new reporting requirements. The Department appreciates the
commenter's experience in redesigning their E&T data system, the
Department does not believe that this same experience would be borne by
other State agencies, due to the different size and complexity of
States' E&T programs. In determining the initial reporting and
recordkeeping burden estimate, the Department relied on the analysis
that indicated thirty-six State agencies had identified reporting
measures and collected outcome data and that the remaining States would
need to develop systems to collect and report the required data. The
Department considered that in the first year that the interim final
rule was published, State agencies would need to develop E&T data
collection systems, modify existing system, or build interfaces between
SNAP eligibility and SNAP E&T data collection systems. Several of the
measures, such as employment, earnings, characteristics of E&T
participants, State agencies could use a variety of sources to obtain
administrative data, such as SNAP eligibility systems. The Department
also anticipates that some State agencies would rely on government
entities with which they already had agreements and would need to
renegotiate those agreements, such as with State's UI agencies for the
matching of quarterly wage records.
One State agency stated that they estimated that ongoing reporting
and maintenance would total 1,500 hours and that the Department's
estimated burden of 231 hours is far below what States would need to
spend in ongoing maintenance efforts. This State agency also stated
that the burden for reporting participants who complete an educational
or training program six months after completing the E&T program was
underestimated by the Department. The commenter noted that they do not
currently track completion of education or training programs, and this
would require a manual process to contact participants six months after
completing the E&T program. They estimate that this manual process
would result in approximately 2,600 staff hours to collect a single
data element and that this is not an efficient use of resources. The
State agency acknowledged that the State's quarterly wage records could
be used to report participant's employment and earnings after
completion. However, they noted that not all individuals have wage
information in this data source and that discrepancies in the Federal
Employer Identification Number and self-employment contribute to the
largest portion of unavailable wage matches for approximately 20
percent of participants. For those cases, the commenter estimates that
a manual process to gather quarterly earnings information would result
in approximately 750 hours of staff time. Lastly, the State agency
noted that they estimate the overall burden to collect and report the
required information would be approximately 3,600 hours annually. They
do not believe that this is an efficient use of resource for their
State E&T program. The Department appreciates the comments and
experience of this State agency. The Department again relied on the
basis that a vast majority of State agencies already tracked E&T
participants for various outcome measures, including obtainment of
employment. The Department assumed that State agencies could use a
combination of methods to collect the data including existing automated
systems data, new data collection, and some contact with SNAP E&T
participants. Further, the Department assumed that manual processes,
such as contacting E&T participants would be minimal. As stated
previously, given the variations of State's E&T programs, the
Department does not believe the experience of this one State agency
would equate into a similar experience by all State agencies.
Respondents: State, local or Tribal governments.
Estimated Number of Respondents: 53.
Estimated Number of Responses per Respondent: One response per year
for each State agency that administers the SNAP E&T program. State
agencies will be required to report their outcome data annually.
Estimated Total Annual Responses: 53.
Estimated Time per Respondent: 25.32.
Estimated Total Annual Burden Hours on Respondents: 9,899.
Estimated Hourly Wage Rate (Fully-Loaded): $75.25.
Estimated Total Annual Burden Cost on Respondents: $762,519.97.
According to the Bureau of Labor Statistics as of May 2023, for
Occupational Group (11-3021),\19\ has an hourly mean wage for functions
performed by State agency workers for the SNAP program are estimated at
$57.92 median hourly wage per staff. Including 33% for fringe benefits
the fully loaded hourly rate per staff is estimated at $77.03 ($57.92 *
33% = $19.11 + $57.92).
---------------------------------------------------------------------------
\19\ <a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>.
Estimated Initial Reporting and Recordkeeping Burden Hours
----------------------------------------------------------------------------------------------------------------
Total Number of Total
Description of activity Number of annual burden hours burden
respondents responses per response hours
----------------------------------------------------------------------------------------------------------------
One-time capital start-up and operating and 53 53 520 27,560
maintenance costs..................................
----------------------------------------------------------------------------------------------------------------
[[Page 90567]]
FNS SNAP ET Reporting Measures Reporting Estimate (OMB Control No. 0584-0614) Final Rule
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total annual
Number of Frequency of Total Hours per Annual Hourly wage cost of
Respondent category Type of respondent Instruments Form respondents response annual response burden rate (fully respondent
responses (hours) loaded) burden
A B.................. C................. D................... E F G = E x F H I = G x H J K = I x J
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
State/Local/Tribal Government... State Agency Staff. Identifying State Not Applicable...... 53.00 1.00 53.00 2 106.00 $77.03 $8,165.18
component
measures in E&T
State Plan under
7 CFR
273.7(c)(6)(xviii
).
State/Local/Tribal Government... State Agency Staff. Reporting of Not Applicable...... 53.00 1.00 53.00 60 3,180.00 77.03 244,955.40
employment and
earnings measures
under renumbered
7 CFR
273.7(c)(17)(i)(A
)-(C).
State/Local/Tribal Government... State Agency Staff. ** NEW ** Not Applicable...... 53.00 1.00 53.00 80 4,240.00 77.03 326,607.20
Reporting of
Educational
measures under
renumbered 7 CFR
273.7(c)(17)(ii)(
A)-(B).
State/Local/Tribal Government... State Agency Staff. ** REMOVED ** Not Applicable...... 0.00 0.00 0.00 0 0.00 77.03 0.00
Reporting of SNAP
E&T Annual report
completion of
education,
training, work
experience or OJT
under ``old'' 7
CFR
273.7(c)(17)(iv).
State/Local/Tribal Government... State Agency Staff. ** REVISED ** Not Applicable...... 53.00 1.00 53.00 10 530.00 77.03 40,825.90
Reporting of
Employment and
Earnings Measures
and Educational
Measures for 7
Participant
Characteristics
under renumbered
7 CFR
273.7(c)(17)(iii).
State/Local/Tribal Government... State Agency Staff. ** New ** Not Applicable...... 10.00 1.00 10.00 10 100.00 77.03 7,703.00
Mandatory E&T
Program Reporting
under 7 CFR
273.7(c)(iv).
State/Local/Tribal Government... State Agency Staff. ** REVISED ** Not Applicable...... 53.00 1.00 53.00 10 530.00 77.03 40,825.90
Reporting of E&T
Participant
Characteristics
under 7 CFR
273.7(c)(17)(v).
State/Local/Tribal Government... State Agency Staff. Reporting of State Not Applicable...... 53.00 1.00 53.00 20.00 1,060.00 77.03 81,651.80
Component
Measures under
renumbered 7 CFR
273.7(c)(17)(vi).
State/Local/Tribal Government... State Agency Staff. ABAWD Pledge Not Applicable...... 10.00 1.00 10.00 10.00 100.00 77.03 7,703.00
States Additional
Reporting under
renumbered 7 CFR
273.7(c)(17)(vii).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
State Agency Reporting Burden Total........................................................ 53.00 6.38 338.00 29.13 9,846.00 77.03 758,437.38
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FNS SNAP ET Reporting Measures Recordkeeping Estimate (OMB Control No. 0584-0614) Final Rule
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total annual
Number of Frequency of Total Hours per Annual Hourly wage cost of
Respondent category Type of respondent Instruments Form respondents response annual response burden rate respondent
responses (hours) burden
A B.................. C................. D................... E F G = E x F H I = G x H J K = I x J
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
State/Local/Tribal Government... State Agency Staff. SNAP E&T Annual Not Applicable...... 53.00 1.00 53.00 1.00 53.00 $77.03 $4,082.59
Report
recordkeeping
requirements
under 7 CFR
272.1(f).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 90568]]
FNS SNAP ET Reporting Measures ICR Burden Estimate Summary (OMB Control No. 0584-0614) Final Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total annual
Number of Frequency of Total annual Hours per Annual burden Hourly wage cost of
respondents response responses response (hours) rate respondent
burden
A B C = A x B D E = C x D F G = E x F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Reporting Burden............................. 53.00 6.38 338.00 29.13 9,846.00 $77.03 $758,437.38
Total Recordkeeping Burden......................... 53.00 1.00 53.00 1.00 53.00 77.03 4,082.59
Total Burden for #0584-0614........................ 53.00 7.38 391.00 25.32 9,899.00 77.03 762,519.97
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effect of State Agencies: The Department has estimated that the
effect of State agencies will be two-fold. First a one-time capital
cost for developing new or modifying existing data collection systems.
And second, an annual reporting burden for collecting and reporting
data for the required E&T Annual Report. States may also incur annual
operating and maintenance costs for their data collection systems.
Prior to Implementation: In the first year that the final rule is
published, States may need to modify E&T data systems, or their
processes for data collection relating to collecting educational
reporting measures.
E-Government Act Compliance
The Department is committed to complying with the E-Government Act,
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 amended to read as
follows:
0
1. The authority citation for parts 271 and 273 continues to read as
follows:
Authority: 7 U.S.C. 2011-2036.
PART 271--GENERAL INFORMATION AND DEFINITIONS
0
2. Amend Sec. 271.2 by:
0
a. Adding in alphabetical order a definition for ``Completion of
participation in E&T'';
0
b. Revising the definition of ``Employment and Training (E&T)
participant'';
0
c. Adding in alphabetical order a definition for ``Former E&T
participant''.
The additions and revisions read as follows:
Sec. 271.2 Definitions.
* * * * *
Completion of participation in E&T means that an E&T participant
has not received any E&T services for at least 90 days and no future
services are planned.
* * * * *
Employment and Training (E&T) participant means an individual who
meets the definition of a mandatory or voluntary participant who is
referred to E&T and begins at least one part of an E&T program,
including orientation, assessment, case management services or a
component.
* * * * *
Former E&T participant means an individual who is no longer
participating in E&T services because the individual is no longer
receiving SNAP benefits.
* * * * *
0
3. Amend Sec. 271.8 by adding an entry in the table for
``273.7(c)(17)'' in numerical order to read as follows:
Sec. 271.8 Information collection/recordkeeping--OMB assigned control
numbers.
------------------------------------------------------------------------
Current OMB
7 CFR section where requirements are described Control No.
------------------------------------------------------------------------
* * * * *
273.7(c)(17)............................................ 0584-0614
* * * * *
------------------------------------------------------------------------
PART 273--CERTIFICATION OF ELIGIBLE HOUSEHOLDS
0
4. Amend Sec. 273.7 by revising paragraphs (c)(6)(xvii) and (c)(16)
and (17) to read as follows:
Sec. 273.7 Work provisions.
* * * * *
(c) * * *
(6) * * *
(xviii) For each component that is expected to include 100 or more
participants, reporting measures that the State will collect and
include in the annual report in paragraph (c)(17) of this section. Such
measures may include:
(A) The percentage and number of program participants who received
E&T services and are in unsubsidized employment subsequent to the
receipt of those services;
(B) The percentage and number of participants who obtain a
recognized credential, a registered apprenticeship, or a regular
secondary school diploma (or its recognized equivalent), while
participating in, or within 1 year after receiving E&T services;
(C) The percentage and number of participants who are in an
education or training program that is intended to lead to a recognized
credential, a registered apprenticeship an on-the-job training program,
a regular secondary school diploma (or its recognized equivalent), or
unsubsidized employment;
(D) Measures developed to assess the skills acquisition of E&T
program participants that reflect the goals of the specific components
including the percentage and number of participants who are meeting
program requirements or are gaining skills likely to lead to
employment; and
(E) Other indicators approved by FNS in the E&T State Plan; and
* * * * *
(16) FNS will assess the effectiveness of E&T programs in preparing
E&T participants for employment, including obtaining of necessary
skills and increasing the number of E&T participants who obtain and
retain employment upon completion of participation in E&T. FNS will
also assess that program activities are appropriate to meet the needs
of individuals referred by the State agency to an E&T program. FNS may
use all available information, including but not limited to, E&T State
Plans, E&T Program Activity Reports, Annual Reports, and Management
Evaluations. Based on this information, FNS will assess an E&T
program's effectiveness across various categories including, but not
limited to, intentional program
[[Page 90569]]
design, integrated eligibility, deliberate program operations and
meaningful outcomes.
(i) FNS may require a State agency to make modifications to its
SNAP E&T plan to improve outcomes if FNS determines that the E&T
outcomes are inadequate. FNS will consider these modifications in
determining whether to approve a State's E&T plan.
(ii) [Reserved]
(17) The State agency shall submit an annual E&T report by April 15
each year that contains the following:
(i) Employment and Earnings Reporting Measures: State agencies
shall report four consecutive quarters of data from the two previous
Federal fiscal years ending the preceding September 30 for the
following measures:
(A) The number and percentage of E&T participants and former
participants who are in unsubsidized employment during the second
quarter after completion of participation in E&T.
(B) Median quarterly earnings of the E&T participants and former
participants who are in unsubsidized employment during the second
quarter after completion of participation in E&T.
(C) The number and percentage of E&T participants and former
participants who are in unsubsidized employment during the fourth
quarter after completion of participation in E&T.
(ii) Educational Reporting Measures: State agencies shall report
data for the Federal fiscal year ending the preceding September 30 for
the following measures:
(A) Attainment of a credential or certificate. The number and
percentage of E&T participants enrolled in an education or training
program, excluding those in on-the-job training, customized training or
transitional jobs, who attain a recognized postsecondary credential,
certificate or a secondary school diploma, or its recognized
equivalent, during participation in or upon completion of participation
in E&T.
(B) Measurable skill gains. The number and percentage of E&T
participants who, during the preceding Federal fiscal year, are in an
education or training program that leads to a recognized postsecondary
credential or employment and who are achieving measurable skill gains,
defined as documented academic, technical, occupational, or other forms
of progress, towards such a credential or employment.
(iii) State agencies shall report the employment and earnings
measures specified in paragraphs (c)(17)(i)(A) through (C) and
educational measures specified in paragraphs (c)(17)(ii)(A) and (B) for
each of following participant characteristics:
(A) By Race and/or Ethnicity;
(B) Voluntary E&T Participants;
(C) Mandatory E&T Participants;
(D) Mandatory E&T Participants deemed ineligible due to failure to
comply with mandatory E&T;
(E) E&T Participants who obtained high school diploma or
equivalency prior to participation in E&T; and
(F) ABAWDs.
(iv) State agencies that serve mandatory E&T participants shall
report for the Federal fiscal year ending the preceding September 30
the following:
(A) the unduplicated number of SNAP participants who were required
to participate in E&T;
(B) of those required to participate the unduplicated number and
percentage referred to E&T; and
(C) the unduplicated number and percentage of SNAP participants
that were determined ineligible for failure to comply with E&T
requirements.
(v) The number and percentage of E&T participants for the Federal
fiscal year ending the preceding September 30 who:
(A) Are voluntary E&T participants;
(B) Are mandatory E&T participants;
(C) Have received a high school diploma or equivalent prior to
being provided with E&T services;
(D) Are ABAWDs;
(E) Are English language learners;
(F) By Gender identity;
(G) Are within each of the following age ranges: 16-17, 18-35, 36-
49, 50-59, 60 or older; and
(H) By Race and/or Ethnicity
(vi) Reports for the measures identified in a State's E&T plan
related to components that are designed to serve at least 100
participants a year; and
(vii) States that have committed to offering all at-risk ABAWDs
participation in a qualifying activity and have received an additional
allocation of funds as specified in paragraph (d)(3) of this section
shall include:
(A) The monthly average number of individuals in the State who meet
the conditions in paragraph (d)(3)(i) of this section;
(B) The monthly average number of individuals to whom the State
offers a position in a program described in Sec. 273.24(a)(3) and (4);
(C) The monthly average number of individuals who participate in
such programs; and
(D) A description of the types of employment and training programs
the State agency offered to at risk ABAWDs and the availability of
those programs throughout the State.
(viii) States may be required to submit the annual report in a
standardized format based upon guidance issued by FNS.
* * * * *
0
5. Amend Sec. 273.24 by adding paragraph (a)(4) to read as follows:
Sec. 273.24 Time limit for able-bodied adults.
(a) * * *
(4) Workfare program means:
(i) A program under Sec. 273.7(m); or
(ii) A comparable program established by a State or political
subdivision of a State.
* * * * *
Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition
Service.
[FR Doc. 2024-26809 Filed 11-15-24; 8:45 am]
BILLING CODE 3410-30-P
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</html>Indexed from Federal Register on November 18, 2024.
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.