Proposed Rule2024-30578
Supplemental Nutrition Assistance Program Quality Control Review Handbook Incorporation by Reference
Primary source
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Published
January 3, 2025
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
The U.S. Department of Agriculture (the Department) is issuing this proposed rule to formally incorporate by reference the FNS Handbook 310 into SNAP regulations. By doing so, the Department is ensuring that the public receives a notice and comment period prior to implementation of revisions to the Handbook, which is the standard operating procedure manual for conducting quality control (QC) reviews of SNAP cases. The Department also proposes to remove reference to FNS Handbook 311 until it can be incorporated by reference. The Department requests comment on these proposed provisions.
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<title>Federal Register, Volume 90 Issue 2 (Friday, January 3, 2025)</title>
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[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Proposed Rules]
[Pages 266-268]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30578]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 /
Proposed Rules
[[Page 266]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 275
[FNS-2024-0030]
RIN 0584-AF05
Supplemental Nutrition Assistance Program Quality Control Review
Handbook Incorporation by Reference
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Notice of proposed rulemaking, incorporation by reference.
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SUMMARY: The U.S. Department of Agriculture (the Department) is issuing
this proposed rule to formally incorporate by reference the FNS
Handbook 310 into SNAP regulations. By doing so, the Department is
ensuring that the public receives a notice and comment period prior to
implementation of revisions to the Handbook, which is the standard
operating procedure manual for conducting quality control (QC) reviews
of SNAP cases. The Department also proposes to remove reference to FNS
Handbook 311 until it can be incorporated by reference. The Department
requests comment on these proposed provisions.
DATES: Written comments must be received on or before March 4, 2024 to
ensure their consideration.
ADDRESSES: The Food and Nutrition Service, USDA, invites interested
persons to submit written comments on this proposed rule. Comments may
be submitted in writing by one of the following methods:
--Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow
the online instructions for submitting comments.
--Mail: Send comments to John McCleskey, Branch Chief, Quality Control
Branch, Program Administration and Nutrition Division; Food and
Nutrition Service; 1320 Braddock Place, 5th Floor; Alexandria, Virginia
22314.
--Email: Send comments to <a href="/cdn-cgi/l/email-protection#7526385b333b5b263b34253d245822303735000611145b121a03"><span class="__cf_email__" data-cfemail="b1e2fc9ff7ff9fe2fff0e1f9e09ce6f4f3f1c4c2d5d09fd6dec7">[email protected]</span></a>. Include ``SNAP QC
Review Handbook Incorporation by Reference'' in the subject line of the
message.
--All written comments submitted in response to this proposed rule will
be included in the record and will be made available to the public.
Please be advised that the substance of the comments and the identity
of the individuals or entities submitting the comments will be subject
to public disclosure. FNS will make the written comments publicly
available on the internet via <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
--FNS Handbook 310, Supplemental Nutrition Assistance Program Quality
Control Review Handbook, can be viewed online at <a href="https://www.fns.usda.gov/snap/qc">https://www.fns.usda.gov/snap/qc</a>.
FOR FURTHER INFORMATION CONTACT: John McCleskey, 703-457-7747, Food and
Nutrition Service, 1320 Braddock Place, 5th Floor; Alexandria, Virginia
22314, <a href="/cdn-cgi/l/email-protection#3566781b737b1b667b74657d641862707775404651541b525a43"><span class="__cf_email__" data-cfemail="7c2f31523a32522f323d2c342d512b393e3c090f181d521b130a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
SNAP QC--In General
The Supplemental Nutrition Assistance Program (SNAP) is the
nation's largest domestic food assistance program for Americans,
reaching about 42 million people per month during fiscal year 2023.\1\
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\1\ <a href="https://www.fns.usda.gov/pd/supplemental-nutrition-assistance-program-snap">https://www.fns.usda.gov/pd/supplemental-nutrition-assistance-program-snap</a>.
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Although the Federal government funds SNAP benefits per 7 U.S.C.
2020(a)(1), State agencies are responsible for general program
administration of SNAP within their States, including determining the
eligibility of individuals and households to receive SNAP benefits and
issuing monthly allotments of benefits.
Pursuant to Section 16 of the Food and Nutrition Act of 2008 (FNA),
as amended, each State agency is responsible for monitoring and
improving its administration of SNAP. The Quality Control (QC) system
is necessary to help ensure State agencies measure improper payments
and improve their administration of SNAP. SNAP QC reviews have four
goals, identified at 7 CFR 275.10(b), which are to provide: (1) a
systematic method of measuring the validity of the SNAP eligibility
caseload; (2) a basis for determining all SNAP error rates; (3) a
timely, continuous flow of information on which to base corrective
action at all levels of administration; and (4) a basis for
establishing State agency liability for payment errors that exceed the
National performance measure pursuant to Section 16(c)(1)(C) of the
FNA.
To comply with Section 16 of the FNA, State agencies conduct
monthly reviews of a statistically representative sample of both
participating SNAP households (active cases) and households for whom
participation was denied, terminated, or suspended (negative cases).
Once the State's review is complete, the case is submitted to FNS for
possible Federal re-review. The role of the Federal reviewer is to
validate the State reviews were done accurately and in accordance with
Federal SNAP policies and procedures.
QC reviews measure the accuracy of SNAP eligibility and allotment
determinations and ultimately serve as the basis for the SNAP payment
error rate (PER) and case and procedural error rate (CAPER).\2\ The
results of these reviews provide feedback on State-by-State and
national administration of the Program, including how State agencies'
chosen policy options, waivers, and business processes affect the
accuracy of their eligibility determinations. In short, the QC system
allows FNS and the States to assess the integrity of SNAP and ensure
effective stewardship of taxpayer dollars by determining the extent to
which the program is operating as required by statute and regulations.
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\2\ FNS refers to the negative case error rate as the case and
procedural error rate, or CAPER.
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Background Information on FNS Handbook 310
The FNS Handbook 310, the ``SNAP QC Review Handbook'', is the
standard operating procedure manual for conducting QC reviews of SNAP
cases.\3\ The FNS Handbook 310 provides both State and Federal QC
reviewers with procedures for the QC review process for active and
negative cases. This procedural manual aligns with SNAP's statutory and
Federal regulatory program rules to ensure its process for
[[Page 267]]
evaluating SNAP eligibility and allotments delivers accurate results.
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\3\ <a href="https://fns-prod.azureedge.net/sites/default/files/snap/FNS_310_Handbook.pdf">https://fns-prod.azureedge.net/sites/default/files/snap/FNS_310_Handbook.pdf</a>.
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The FNS Handbook 310 was first introduced into regulation in the
July 29, 1983, proposed rule titled, Food Stamp Program; Technical
Amendments to the Quality Control Review Process.\4\ Following
publication of the proposed rule, the Department received comments
indicating State agencies needed a consistent, complete, national
handbook for conducting QC reviews of SNAP cases that would also be
continually updated as SNAP policies are updated and changed. The
handbook provisions were implemented with the February 17, 1984, final
rule titled, Food Stamp Program, Quality Control Reviews.\5\ The
provisions in the final rule require State agencies to use FNS-designed
handbooks, worksheets, and coding forms in the QC review process to
ensure consistency of reviews nationwide.
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\4\ <a href="https://www.govinfo.gov/content/pkg/FR-1983-07-29/pdf/FR-1983-07-29.pdf">https://www.govinfo.gov/content/pkg/FR-1983-07-29/pdf/FR-1983-07-29.pdf</a>.
\5\ <a href="https://archives.federalregister.gov/issue_slice/1984/2/17/6278-6313.pdf">https://archives.federalregister.gov/issue_slice/1984/2/17/6278-6313.pdf</a>.
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Incorporation by Reference
The Department proposes, at 7 CFR 275.14(b), to incorporate by
reference the FNS Handbook 310, ``SNAP QC Review Handbook'', dated
October 2024, and add a centralized IBR paragraph at 7 CFR 275.14(f).
In the 1984 final rule, the Department included the FNS Handbook 310 in
the code of Federal regulations but did not specifically undertake the
incorporation by reference (IBR) process. This rule addresses that
oversight.
The FNS Handbook 310 is readily available to all interested
parties. The FNS Handbook 310 is publicly available as listed in the
ADDRESSES section of this proposed rule. Additionally, the FNS Handbook
310 has been consistently available on the FNS public website since
2003 and on the USDA Partner Web since 2008. The Partner Web is a web-
based SharePoint site accessible with Federal e-authentication.
The FNS Handbook 310 does not detract from the legal or practical
attributes of the Federal Register since it does not introduce new
program requirements, but rather details operational procedures for the
QC review process to evaluate compliance with existing SNAP laws and
regulations. Publishing the entire FNS Handbook 310 in the Federal
Register is impractical due not only due to its extensive 300-page
length, but also for readability. The Federal Register is limited to
strict formatting capabilities and a procedural manual requires
examples using bullets, indentions, text boxes, side by side
comparisons, as well as flow charts, etc. and many times on the same
pages as one another, which is why incorporation by reference is most
appropriate.
The Department also proposes to remove reference to the FNS
Handbook 311 until it can be incorporated by reference. The Department
proposes to reserve new paragraphs (e) and (f)(2) in anticipation of
incorporating FNS Handbook 311 in the future.
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). Under
Executive Order 12866, as amended, OMB's Office of Information and
Regulatory Affairs (OIRA) determines whether a regulatory action is
significant and, therefore, subject to OMB review. Executive Order
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
Executive Order 14094 focuses on modernizing regulatory review and
updates the definition of a significant regulation.
This proposed rule has been determined to be not significant and
was not reviewed by the Office of Management and Budget (OMB) in
conformance with Executive Order 12866.
Regulatory Impact Analysis
This rule has been designated as not significant by the Office of
Management and Budget, therefore, no Regulatory Impact Analysis is
required.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies
to analyze the impact of rulemaking on small entities and consider
alternatives that would minimize any significant impacts on a
substantial number of small entities. The entities impacted by this
rule are State SNAP agencies that conduct QC reviews, which are not
considered small entities for purposes of this analysis.
Pursuant to our review, the Department certifies that this rule
will not have a significant impact on a substantial number of small
entities.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a `major rule', as defined by 5 U.S.C. 804(2).
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments, and the private sector. Under section 202 of the UMRA, the
Department generally must prepare a written statement, including a cost
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local or Tribal
governments, in the aggregate, or the private sector, of $100 million
or more in any one year. When such a statement is needed for a rule,
Section 205 of the UMRA generally requires the Department to identify
and consider a reasonable number of regulatory alternatives and adopt
the most cost effective or least burdensome alternative that achieves
the objectives of the rule.
This 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
SNAP is listed in the <a href="http://sam.gov">sam.gov</a> Assistance Listings under Number
10.551. For the reasons set forth in the Final Rule codified in 7 CFR
part 3015, subpart V and the related Notice (48 FR 29115), this Program
is excluded from the scope of Executive Order 12372, which requires
intergovernmental consultation with State and local officials.
Federalism Summary Impact Statement
Executive Order 13132 requires Federal agencies to consider the
impact of their regulatory actions on State and local governments.
Where such actions have federalism implications, agencies are directed
to provide a statement for inclusion in the preamble to the regulations
describing the agency's considerations in terms of the three categories
called for under Section (6)(b)(2)(B) of Executive Order 13121.
The Department has considered the impact of this proposed rule,
with comment, on State and local governments and has determined that
this rule does not have federalism implications. Therefore, under
Section
[[Page 268]]
6(b) of the Executive Order, a federalism summary is not required.
Executive Order 12988, Civil Justice Reform
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is intended to have preemptive effect
with respect to any State or local laws, regulations, or policies which
conflict with its provisions or which would otherwise impede its full
and timely implementation. This rule is not intended to have
retroactive effect unless so specified in the Effective Dates section
of the final rule. Prior to any judicial challenge to the provisions of
the final rule, all applicable administrative procedures must be
exhausted.
Civil Rights Impact Analysis
FNS has reviewed this rule in accordance with the Department
Regulation 4300-004, ``Civil Rights Impact Analysis,'' to identify and
address any major civil rights impacts that the rule might have on
minorities, women, and persons with disabilities. After a careful
review of the rule's intent and provisions, FNS has determined that
this rule has no likely impact on any of the protected classes. These
changes primarily affect the QC review process and not individuals'
eligibility for or participation in SNAP.
Executive Order 13175
Executive Order 13175 requires Federal agencies to consult and
coordinate with Tribes on a government-to-government basis on policies
that have Tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes. After a careful review of the
rule's intent, FNS has determined that this rule has no intended impact
on Tribal implications.
Paperwork Reduction Act
Reporting and recordkeeping requirements associated with the use of
the FNS Handbook 310 are already permitted by the Office of Management
and Budget (OMB) under four separate, approved information collections
under the Paperwork Reduction Act of 1995. Those collections are: 0584-
0074, FNS-380, Worksheet for the Supplemental Nutrition Assistance
Program Quality Control Reviews (expires 7/31/2025); 0584-0299, FNS-
380-1 Supplemental Nutrition Assistance Program's Quality Control
Review Schedule (expires 9/30/2026); 0584-0034, FNS-245: SNAP Negative
Case Action Review Schedule (expires 12/31/2024); and 0584-0303,
Supplemental Nutrition Assistance Program Regulations, Part 275--
Quality Control (expires 7/31/2025).
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 in 7 CFR Part 275
Grant programs--social programs, Incorporation by reference,
Reporting and recordkeeping requirements.
Accordingly, the Food and Nutrition Service proposes to amend 7 CFR
part 275 as follows:
PART 275--PERFORMANCE REPORTING SYSTEM
0
1. The authority citation for part 275 continues to read as follows:
Authority: 7 U.S.C. 2011-2036.
0
2. In Sec. 275.14:
0
a. Revise paragraphs (a) and (b);
0
b. Amend paragraph (c) introductory text by removing the word ``the''
at the beginning of the text and adding in its place ``OMB 0584-
0074,'';
0
c. Amend paragraph (d) introductory text by adding at the end of the
sentence the phrase ``, OMB 0584-0299'', adding at the end of the
second sentence the phrase ``, OMB 0584-0074'', and in the last
sentence remove the phrase ``Negative Quality Control Review Schedule,
Form FNS-245'' and adding in its place the phrase ``OMB 0584-0034, Form
FNS-245: SNAP Negative Case Action Review Schedule'';
0
d. Reserve paragraph (e); and
0
e. Add paragraph (f).
The revisions and additions read as follows:
Sec. 275.14 Review Processing.
(a) General. Each State agency shall use FNS handbooks, OMB
approved quality control information collection forms, and SNAP QC
policy memos in the quality control review process. QC reviews are
consistent with SNAP's statutory and regulatory requirements.
(b) Review Handbook. The reviewer shall follow the procedures
outlined in the Quality Control Review Handbook, the FNS Handbook 310,
to conduct quality control reviews.
* * * * *
(e) [Reserved]
(f) Incorporation by Reference. The material listed in this
paragraph (f) is incorporated by reference into this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved material is available for inspection at
the Food and Nutrition Service (FNS) and at the National Archives and
Records Administration (NARA). Contact the FNS at: 1320 Braddock Place,
5th Floor; Alexandria, Virginia 22314; email: <a href="/cdn-cgi/l/email-protection#e0b3adcea6aeceb3aea1b0a8b1cdb7a5a2a095938481ce878f96"><span class="__cf_email__" data-cfemail="a7f4ea89e1e989f4e9e6f7eff68af0e2e5e7d2d4c3c689c0c8d1">[email protected]</span></a>, website: <a href="https://www.fns.usda.gov/snap/qc">https://www.fns.usda.gov/snap/qc</a>. For
information on the availability of this material at NARA, visit
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email
<a href="/cdn-cgi/l/email-protection#583e2a7631362b283d3b2c3137361836392a39763f372e"><span class="__cf_email__" data-cfemail="167064387f7865667375627f7978567877647738717960">[email protected]</span></a>.
(1) FNS Handbook 310, SNAP QC Review Handbook, dated October 2024,
through PM 25-01. (Available at: <a href="https://www.fns.usda.gov/snap/qc">https://www.fns.usda.gov/snap/qc</a> under
the ``Policy and Guidance Documents'' section.)
(2) Reserved.
Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition
Service.
[FR Doc. 2024-30578 Filed 1-2-25; 8:45 am]
BILLING CODE 3410-30-P
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