Commodity Supplemental Food Program: Implementation of the Agriculture Improvement Act of 2018
| Published date | 30 October 2020 |
| Citation | 85 FR 68717 |
| Record Number | 2020-23760 |
| Section | Rules and Regulations |
| Court | Food And Nutrition Service |
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.
Rules and Regulations Federal Register
68717
Vol. 85, No. 211
Friday, October 30, 2020
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 247
[FNS–2019–0006]
RIN 0584–AE66
Commodity Supplemental Food
Program: Implementation of the
Agriculture Improvement Act of 2018
AGENCY
: Food and Nutrition Service
(FNS), USDA.
ACTION
: Final rule.
SUMMARY
: Through this final rule, the
U.S. Department of Agriculture’s (the
Department or USDA) Food and
Nutrition Service (FNS) is codifying a
revised statutory requirement included
in the Agriculture Improvement Act of
2018 (2018 Farm Bill). Section 4102 of
the 2018 Farm Bill established new
Commodity Supplemental Food
Program (CSFP) certification
requirements..
DATES
: This rule is effective October 30,
2020.
FOR FURTHER INFORMATION CONTACT
:
Katie Treen, Program Analyst, Food
Distribution Division, Food and
Nutrition Service, U.S. Department of
Agriculture, 1320 Braddock Place, Suite
3043, Alexandria, Virginia 22314, 703–
305–2674 or email katie.treen@
usda.gov.
SUPPLEMENTARY INFORMATION
:
I. Discussion of Final Rule
II. Certification Periods
A. Background
B. Implementation Memorandum
III. Phase Out of Requirements Relating to
Women, Infants and Children
IV. Technical Corrections
V. Procedural Matters
I. Discussion of Final Rule
This Final Rule codifies statutory
requirements included in section 4102
of the Agriculture Improvement Act of
2018 (Pub. L. 115–334, the 2018 Farm
Bill). Section 4102 established a
statutory definition for the term
‘‘certification period’’ and established
that certification periods for CSFP
participants must be not less than one
year and not more than three years. This
final rule revises 7 CFR 247.16 to
include this provision.
This rule also revises 7 CFR 247 per
section 4102 of the Agriculture Act of
2014 (Pub. L. 113–79, the 2014 Farm
Bill), which amended CSFP eligibility
requirements and phased out
individuals who do not meet the new
requirements. This provision was
implemented through a previous final
rule, Commodity Supplemental Food
Program (CSFP): Implementation of the
Agricultural Act of 2014 (79 FR 38748),
published on July 9, 2014. As of
February 2020, the phase out of
individuals who are not eligible for
CSFP was completed. Thus this rule
amends program regulations at 7 CFR
part 247 to remove all remaining
references to women, infants, and
children.
Lastly, this rule amends citations that
were revised during the previous final
rule, Requirements for the Distribution
and Control of Donated Foods—The
Emergency Food Assistance Program:
Implementation of the Agricultural Act
of 2014 (81 FR 23085), published on
April 19, 2016, which amended Food
Distribution regulations at 7 CFR part
250. Accordingly, 7 CFR part 247 will
be amended to reflect any updated
references to 7 CFR part 250.
The Administrative Procedures Act
(APA) at 5 U.S.C. 553(a)(2) specifically
exempts rules involving grants and
benefits from notice-and-comment
requirements, giving the Department the
authority to issue final rules in grants
and benefits programs, like CSFP.
Therefore, the Department is issuing
this rule as a final rule without a
comment period.
II. Certification Periods
A. Background
Section 4102 of the 2018 Farm Bill
establishes a statutory definition for the
term ‘‘certification period’’ as ‘‘the
period during which a participant in the
commodity supplemental food program
in a State may continue to receive
benefits under the commodity
supplemental food program without a
formal review of the eligibility of the
participant.’’ The ‘‘certification period’’
definition will be amended in 7 CFR
247.1 to reflect the statutory definition.
Additionally, Section 4102 of the
2018 Farm Bill codifies new statutory
requirements for CSFP certification
periods. Accordingly, FNS is amending
CSFP program regulations at 7 CFR
247.16 to reflect the new requirements
that certification periods for CSFP
participants must be not less than one
year and not more than three years.
Prior to the enactment of the 2018 Farm
Bill, program regulations stipulated that
the State agency must establish
certification periods that may not
exceed six months in length. However,
the State agency could authorize local
agencies to extend the certification
period without a formal review of
eligibility for additional six-month
periods, as long as the conditions
outlined in 7 CFR 247.16(a)(2)(i) and (ii)
were met.
This final rule makes the following
conforming changes to 7 CFR 247.16(a):
(1) Establishes minimum certification
periods to be no less than one year but
no more than three years for program
participants; (2) establishes that if the
State agency chooses to establish a
certification period that exceeds one
year, the State agency must first receive
approval from FNS by submitting an
updated State Plan. Additionally, 7 CFR
247 is amended by removing all
references to women, infants, and
children, thus 7 CFR 247.16 is being
reorganized.
Under the 2018 Farm Bill and
updated program regulations, FNS shall
approve a certification period exceeding
one year on the condition that on an
annual basis, local agencies
administering CSFP do two things.
Firstly, the local agency must verify the
address and continued interest of the
participant. Secondly, the local agency
must have sufficient reason to
determine that the participant still
meets the income eligibility standards.
Furthermore, this final rule adds two
sub-paragraphs to 7 CFR 247.16(a), in
order to clarify 2018 Farm Bill statutory
requirements. The first sub-paragraph, 7
CFR 247.16(a)(2), allows eligible CSFP
applicants, including individuals on
waiting lists, to be provided with a
temporary monthly certification to fill
any caseload slots resulting from
nonparticipation by certified
participants. The second sub-paragraph,
7 CFR 247.16(a)(3), establishes that
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should a State agency want to allow
local agencies to continue providing
benefits to individuals once their
certification period expires, then
individuals must be formally recertified
following the application procedures
outlined at 7 CFR 247.8.
The 2018 Farm Bill was signed into
law on December 20, 2018. The
Department determined that prolonging
the implementation of this provision
would negatively impact State agencies
that administer CSFP by delaying their
ability to utilize the new flexibility in
certification periods. The Department
also determined that this provision was
self-executing and, therefore,
implemented the provision immediately
in FY 2019.
B. Implementation Memorandum
On March 8, 2019, FNS released a
memorandum titled, CSFP—
Implementation of the Agriculture
Improvement Act of 2018 (Pub. L. 115–
334), which set forth the changes to the
certification period for CSFP
participants. The memorandum defined
the term ‘‘certification period’’ and
directed CSFP States agencies to
establish new certification periods that
are not less than one year but not more
than three years. The memorandum
instructed CSFP State agencies and ITOs
to amend their State Plans and submit
them to FNS for review and approval by
May 1, 2019. The memorandum
required the State Plan amendments to
outline the length of the State agency’s
new certification periods for
participants and the procedures for
implementation among CSFP local
agencies. Lastly, the memorandum
notified State agencies that they may
permit their local agencies to certify
individuals for one-month periods to
maximize caseload use and provide
temporary CSFP benefits to participants
on waiting lists when a regular program
participant misses a scheduled
distribution.
III. Phase Out of Women, Infants, and
Children
Section 4102 of the 2014 Farm Bill
amended CSFP eligibility requirements
to transition it to a seniors-only program
and phase out ineligible participants.
Women, infants, and children who were
certified and receiving CSFP benefits as
of February 2014 under existing
program rules, received assistance until
they were no longer eligible under the
program rules that went into effect on
February 6, 2014. On July 9, 2014, FNS
published a final rule implementing this
provision. All ineligible participants
have since phased out of CSFP. This
rule amends program regulations at 7
CFR 247 to remove all references to
women, infants, and children and to
make conforming organizational
changes within 7 CFR part 247.
IV. Technical Correction
This rule amends citations that were
revised during previous rulemaking. On
April 19, 2016, the Food Distribution
Division published a final rule,
Requirements for the Distribution and
Control of Donated Foods—The
Emergency Food Assistance Program:
Implementation of the Agricultural Act
of 2014 (81 FR 23085), which amended
Food Distribution regulations at 7 CFR
part 250. Accordingly, this rule amends
7 CFR 247 to reflect any updated
references to 7 CFR part 250 as a result
of previous rulemaking.
V. Procedural Matters
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).
Executive Order 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
This final rule has been determined to
be not significant and was 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. 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
revised requirement provides more
flexibility on the certification period at
the local agency level. This lessens the
administrative burden previously
required by allowing State agencies to
extend their certification periods from
six months to one to three years.
Executive Order 13771
Executive Order 13771 directs
agencies to reduce regulation and
control regulatory costs and provides
that the cost of planned regulations be
prudently managed and controlled
through a budgeting process. This final
rule is an E.O. 13771 deregulatory
action. This rulemaking provides a
reduction in the State agency/ITO
requirements to certify CSFP
participants on an annual basis. This
rule lessens the administrative burden
previously required by allowing State
agencies to extend their certification
periods from six months to one to three
years.
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 $146 million or
more (when adjusted for inflation; GDP
deflator source: Table 1.1.9 at http://
www.bea.gov/iTable) 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 $146 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
The program is listed in the Catalog
of Federal Domestic Assistance under
Number 10.558 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 2 CFR
chapter IV.)
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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 determined that
this rule does not have Federalism
implications. This rule does not impose
substantial or direct compliance costs
on State and local governments.
Therefore, under Section 6(b) of the
Executive Order, a Federalism summary
impact Statement 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.
Civil Rights Impact Analysis
FNS has reviewed this final rule in
accordance with USDA Regulation
4300–4, ‘‘Civil Rights Impact Analysis,’’
to identify any major civil rights
impacts the rule might have on program
participants on the basis of age, race,
color, national origin, sex or disability.
After a careful review of the rule’s intent
and provisions, FNS has determined
that this rule is not expected to have any
civil rights impacts or affect the overall
level of participation in CSFP.
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.
USDA is unaware of any current Tribal
laws that could be in conflict with this
rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. chap. 35; 5 CFR part 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
contains information collections that are
subject to review and approval by the
Office of Management and Budget. The
provisions discussed in this Final Rule
are non-discretionary statutory
requirements provided in the 2018 Farm
Bill, therefore the Department did not
publish a proposed rule with a public
comment period for these provisions.
However, since some of the provisions
contained in this Final Rule have
Paperwork Reduction Act (PRA)
implications, the Food and Nutrition
Service (FNS) is embedding a 60-Day
Notice in this Final Rule to request
public comments on these provisions.
FNS is only requesting comments on the
specific PRA implications resulting
from this rule; the agency is not
requesting comments on the rule itself.
The Final Rule will be effective upon
publication. The PRA requirements
discussed in this rule, with their
associated burden, will not be effective
until OMB has reviewed and approved
the Information Collection Request (ICR)
associated with this Final Rule. FNS
plans to prepare and submit the ICR
after the due date for public comments
has passed and FNS has analyzed the
comments.
When the information collection
requirements have been approved, the
Department will publish a separate
action in the Federal Register
announcing OMB approval.
Title: Food Distribution Programs.
OMB Number: 0584–0293.
Expiration Date: July 31, 2023.
Type of Request: Revision of a
Currently Approved Collection.
Abstract: This Final Rule codifies
statutory requirements included in
section 4102 of the Agriculture
Improvement Act of 2018 (Pub. L. 115–
334, the 2018 Farm Bill). Section 4102
of the 2018 Farm Bill established a
statutory definition for the term
‘‘certification period’’ and established
that certification periods for the
Commodity Supplemental Food
Program (CSFP) participants must be
not less than one year and not more
than three years.
Additionally, this rule also revises 7
CFR part 247 per section 4102 of the
Agriculture Act of 2014 (Pub. L. 113–79,
the 2014 Farm Bill), which amended
CSFP eligibility requirements to phase
out the participation of pregnant,
breastfeeding and postpartum women,
infants, and children (referred generally
throughout this section as women,
infants, and children), transitioning the
CSFP to a seniors-only program. This
provision was implemented through a
previous final rule, Commodity
Supplemental Food Program (CSFP):
Implementation of the Agricultural Act
of 2014 (79 FR 38748), published on
July 9, 2014. The 2014 Farm Bill
language was clear and mandatory,
leaving no room for discretion. This
action was finalized without prior
notice or public comment under the
authority of 5 U.S.C. 553(a)(2). As of
February 2020, the phase out of all
women, infants, and children was
completed.
State Agencies
This final rule requires some State
agencies to amend their State Plans to
include the new certification period.
Only those State agencies extending
their current certification period longer
than one year need to make an
amendment. The Department believes
that an additional fifteen minutes (0.25
hours) should be added to the current 5-
hour burden estimate in the currently
approved OMB Control Number 0584–
0293 Food Distribution Programs,
Expiration Date: 7/31/2023, to support
State Plan amendments resulting from
this change. Going forward, only those
State agencies extending their
certification period longer than one year
will need to make amendments to their
State Plans. The initial amendment to
the State Plan is a one-time change and
State agencies will not have to submit
additional information going forward, if
they choose to continue in subsequent
years with their current certification
period. State agencies will only have to
submit a State Plan amendment in
future years if they decide to change
their certification period. The
Department estimates that it will take
fifteen minutes of a State agency staff
person’s time to prepare and send this
information to FNS if making a change
to their certification period. Per current
estimates under State Plan Amendments
at 7 CFR 247.6(d), under State Agency
reporting in OMB Control Number
0584–0293 Food Distribution Programs,
Expiration Date: July 31, 2023,
approximately 40 State agencies
typically make amendments to their
State Plans on an annual basis. FNS
believes that this change may result in
approximately five additional State
agencies submitting State Plan
amendments to change their
certification periods each year going
forward. Accordingly, we are adding an
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additional 36.25 burden hours to cover
future years in the event a State agency
decides to adjust their certification
period.
Individuals
Currently FNS has approval under
OMB Control Number 0584–0293 for
individuals applying and certifying for
CSFP. The individuals are broken into
two groups, the elderly and women,
infants, and children. CSFP certification
periods for all CSFP participants are
under 7 CFR 247.16. The currently
approved collection includes 7,500 total
burden hours for the application and
recertification of women, infants, and
children. The 2014 Farm Bill allowed
women, infants, and children who were
participating in the program on the date
the law was enacted to continue on the
program until their eligibility expired
under the program rules in effect on that
date. As of February 2020, all women,
infants, and children have been phased
out of the program, thus the burden for
the application and recertification for
these individuals needs to be removed
from the collection.
As a result of the phase out of this
population from CSFP, these 7,500
caseload slots have been reallocated to
the population of elderly CSFP
participants. Additionally, CSFP
participation has increased in recent
fiscal years (FY) due to the additional
availability of program resources. In FY
2019 CSFP average annual participation
was approximately 702,500. Therefore,
FNS finds it reasonable to adjust the
estimated number of elderly individuals
to 702,500 for the application (7 CFR
247.8) and recertification (7 CFR 247.16)
of elderly individuals. Per the final rule
at 7 CFR 247.16, CSFP participants must
provide verification to their local agency
on an annual basis, regardless of the
certification period that the State
agencies impose on the local agencies.
Therefore, elderly participants will
provide information once per year,
reducing the estimated responses from
two to one. FNS estimates that this
yearly contact will continue to take 15
minutes. The updated estimated burden
for CSFP individuals is 175,625, which
is a decrease of 110,875 from the
previously approved burden of 286,500.
The following table reflects the
burden associated with this rule in the
existing burden collection in accordance
with the Paperwork Reduction Act.
Affected public: State agencies.
Estimated number of respondents: 45.
Estimated total annual response per
respondent: 1.
Estimated total annual responses: 45.
Estimated time per respondent: 5.25.
Estimated Total Annual Burden on
Respondents: 236.25.
Affected public: CSFP Participants.
Estimated number of respondents:
702,500.
Estimated total annual response per
respondent: 1.
Estimated total annual responses:
702,500.
Estimated time per respondent: 0.25.
Estimated Total Annual Burden on
Respondents: 175,625.
Total Reporting Hours Resulting from
Proposed Rule: 175,861.
Currently Approved Burden Hours in
OMB #0584–0293: 1,161,377.
Estimated Burden Hours Including
Hours from Final Rule: 1,043,038.
Burden Hour Difference: ¥118,339.
Sec. of Regs/authority Respondent type Title Estimate
number of
respondents
Estimate
number of
responses
per
respondent
Total
annual
responses
Estimate
total hours
per
response
Estimate
total
burden
Currently
approved
burden
Program
change
due to
rule
making
Adjustment Net
change
Affected Public: State Agencies
247.6(d) ........................ State agency .......... State Plan Amend-
ment.
45 1 45 5.25 236.25 200 36.25 0 36.25
Affected Public: Individuals
247.8 & 247.16(a) ........ Elderly .................... Applications/Recer-
tification.
702,500 1 702,500 0.25 175,625 286,500 ¥110,875 0 ¥110,875
247.8 & 247.16(a) ........ Women, infants and
children.
Applications/Recer-
tification.
0 0 0 0 0 7,500 ¥7,500 0 ¥7,500
Individual Total ......... ................................ ................................ 702,500 1 702,500 0.25 175,625 294,000 ¥118,375 0 ¥118,375
Total Reporting ...... ................................ ................................ 702,545 1 702,545 0.25 175,861 294,200 ¥118,339 .................. ¥118,339
Estimate
number of
respondents
Number of
responses per
respondent
Total annual
responses
Estimate
total hours
per response
Estimate
total burden
Currently
approved
burden
#0584–0293
Change in
burden
Reporting ...................... 752,675.00e 2.42 1,824,554.57 0.15 272,291.13 390,630 ¥118,339
Recordkeeping ............. 26,970.00 56.3 1,518,341.46 0.51 770,747.03 770,747.03 0
Total ...................... 752,675.00 4.44 3,342,896.03 0.31 1,043,038.16 1,161,377.03 ¥118,339
E-Government Act Compliance
The Department is committed to
complying with the E-Government Act,
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 247
Definitions, Purpose and Scope,
Agreements, State and local agency
responsibilities, State Plan, Individuals
applying to participate in CSFP, Rights
and responsibilities, Other public
assistance programs, Certification
period, Nutrition education, Dual
participation, Allowable uses of
administrative funds and other funds,
Storage and Inventory of commodities,
Reports and recordkeeping, and Claims.
Accordingly, 7 CFR part 247 is
amended as follows:
PART 247—COMMODITY
SUPPLEMENTAL FOOD PROGRAM
■1. The authority citation for part 247
continues to read as follows:
Authority: Sec. 5, Pub. L. 93–86, 87 Stat.
249, as added by Sec. 1304(b)(2), Pub. L. 95–
113, 91 Stat. 980 (7 U.S.C. 612c note); sec.
1335, Pub. L. 97–98, 95 Stat. 1293 (7 U.S.C.
612c note); sec. 209, Pub. L. 98–8, 97 Stat.
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35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98–
92, 97 Stat. 611 (7 U.S.C. 612c note); sec.
1562, Pub. L. 99–198, 99 Stat. 1590 (7 U.S.C.
612c note); sec. 101(k), Pub. L. 100–202; sec.
1771(a), Pub. L. 101–624, 101 Stat. 3806 (7
U.S.C. 612c note); sec 402(a), Pub. L. 104–
127, 110 Stat. 1028 (7 U.S.C. 612c note); sec.
4201, Pub. L. 107–171, 116 Stat. 134 (7 U.S.C.
7901 note); sec. 4221, Pub. L. 110–246, 122
Stat. 1886 (7 U.S.C. 612c note); sec. 4221,
Pub. L. 113–79, 7 U.S.C. 612c note).
■2. In § 247.1:
■a. Remove the definitions of
‘‘Breastfeeding women,’’ ‘‘Children,’’
‘‘Infants,’’ ‘‘Postpartum women,’’ and
‘‘WIC Program.’’
■b. Revise the definitions ‘‘Certification
Period,’’ and ‘‘Dual participation’’.
The revisions read as follows:
§ 247.1 Definitions.
* * * * *
Certification period means the period
during which a CSFP participant may
continue to receive benefits under CSFP
without a formal review of eligibility.
* * * * *
Dual participation means the
simultaneous participation by an
individual in CSFP at more than one
distribution site.
* * * * *
§ 247.2 [Amended]
■3. In § 247.2(a), remove the third
sentence.
§ 247.4 [Amended]
■4. In paragraph § 247.4(d), remove
‘‘§ 250.12(c)’’ and add in its place
‘‘§ 250.4’’ and in the last sentence add
the word ‘‘into’’ after the word
‘‘entering’’.
§ 247.5 [Amended]
■5. In § 247.5(b)(8), remove ‘‘and with
the WIC State agency, unless no women,
infants, and children remain enrolled in
CSFP in the State’’
■6. In § 247.6:
■a. In paragraph (c)(2), remove the
phrase ‘‘to be used for women, infants,
and children, if applicable,’’.
■b. In paragraph (c)(8), remove ‘‘,
including, if applicable, collaboration
with the State WIC agency and a copy
of the agreement signed with the State
WIC agency to accomplish this’’.
■c. Add paragraph (c)(12).
The revision reads as follows:
§ 247.6 State Plan.
* * * * *
(c) * * *
(12) The length of the State agency’s
certification period.
* * * * *
■7. In § 247.8:
■a. Revise paragraph (a); and
■b. Amend paragraph (b) by removing
‘‘I may not receive both CSFP and WIC
benefits simultaneously, and’’.
The revision should read as follows:
§ 247.8 Individuals applying to participate
in CSFP.
(a) What information must individuals
applying to participate in CSFP provide?
To apply for or to be recertified for
CSFP benefits, the applicant or caretaker
of the applicant must provide the
following information on the
application:
(1) Name and address, including some
form of identification for each applicant;
(2) Household income;
(3) Household size; and
(4) Other information related to
eligibility, such as age
* * * * *
■8. Revise § 247.9 to read as follows:
§ 247.9 Eligibility requirements.
(a) Who is eligible for CSFP? To be
eligible for CSFP, individuals must be at
least 60 years of age and meet the
income eligibility requirements outlined
in paragraph (b) of this section.
(b) What are the income eligibility
requirements for CSFP applicants? The
State agency must use a household
income limit at or below 130 percent of
the Federal Poverty Income Guidelines.
Elderly persons in households with
income at or below this level must be
considered eligible for CSFP benefits
(assuming they meet other requirements
contained in this part). However, elderly
persons certified before September 17,
1986 (i.e., under the three elderly pilot
projects) must remain subject to the
eligibility criteria in effect at the time of
their certification.
(c) When must the State agency revise
the CSFP income guidelines to reflect
the annual adjustments of the Federal
Poverty Income Guidelines? Each year,
FNS will notify State agencies, by
memorandum, of adjusted income
guidelines by household size at 130
percent and 100 percent of the Federal
Poverty Income Guidelines. The
memorandum will reflect the annual
adjustments to the Federal Poverty
Income Guidelines issued by the
Department of Health and Human
Services. The State agency must
implement the adjusted guidelines
immediately upon receipt of the
memorandum.
(d) How is income defined and
considered as it relates to CSFP
eligibility? (1) Income means gross
income before deductions for such items
as income taxes, employees’ social
security taxes, insurance premiums, and
bonds.
(2) The State agency may exclude
from consideration the following
sources of income listed under the
regulations for the Special
Supplemental Nutrition Program for
Women, Infants, and Children at
§ 246.7(d)(2)(iv) of this chapter:
(i) Any basic allowance for housing
received by military services personnel
residing off military installations; and
(ii) The value of inkind housing and
other inkind benefits.
(3) The State agency must exclude
from consideration all income sources
excluded by legislation, which are listed
in § 246.7(d)(2)(iv)(D) of this chapter.
FNS will notify State agencies of any
new forms of income excluded by
statute through program policy
memoranda.
(4) The State agency may authorize
local agencies to consider the
household’s average income during the
previous 12 months and current
household income to determine which
more accurately reflects the household’s
status. In instances in which the State
makes the decision to authorize local
agencies to determine a household’s
income in this manner, all local
agencies must comply with the State’s
decision and apply this method of
income determination in situations in
which it is warranted.
(e) What other options does the State
agency have in establishing eligibility
requirements for CSFP? (1) The State
agency may require that an individual
be at nutritional risk, as determined by
a physician or by local agency staff.
(2) The State agency may require that
an individual reside within the service
area of the local agency at the time of
application for CSFP benefits. However,
the State agency may not require that an
individual reside within the area for any
fixed period of time.
■9. In § 247.12, revise paragraph (a)(2)
to read as follows.
§ 247.12 Rights and responsibilities.
(a) * * *
(2) The local agency will make
nutrition education available to all
participants and will encourage them to
participate; and
* * * * *
§ 247.14 [Amended]
■10. In § 247.14:
■a. Remove paragraph (a) and
redesignate paragraphs (b) and (c) as (a)
and (b).
■b. In newly redesignated paragraph (a)
introductory text, remove the word
‘‘elderly’’ wherever it appears.
■c. In newly redesignated paragraph
(a)(3), remove ‘‘Food Stamp’’ and add in
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Federal Register / Vol. 85, No. 211 / Friday, October 30, 2020 / Rules and Regulations
its place ‘‘Supplemental Nutrition
Assistance’’.
■11. In § 247.16, revise paragraph (a) to
read as follows:
§ 247.16 Certification period.
(a) How long is the certification
period? (1) Minimum certification
period. The State agency must establish
certification periods that are not less
than one year but not more than three
years in duration. If the State agency
chooses to establish a certification
period that exceeds one year, the State
must first receive approval from FNS by
submitting a State Plan amendment.
FNS shall approve State requests for a
certification period exceeding one year
on the condition that, on an annual
basis, local agencies do the following:
(i) Verify the address and continued
interest of the participant; and
(ii) Have sufficient reason to
determine that the participant still
meets the income eligibility standards,
which may include a determination that
the participant has a fixed income.
(2) Temporary certification. An
eligible CSFP applicant, including
individuals on waiting lists, may be
provided with a temporary monthly
certification to fill any caseload slot
resulting from nonparticipation by
certified participants.
(3) Recertification. Participants must
be recertified following the application
procedures outlined at § 247.8 in order
to continue receiving program benefits
beyond the expiration of their
certification period.
* * * * *
§ 247.18 [Amended]
■12. In § 247.18:
■a. Remove paragraph (b)(4) and
redesignate paragraphs (b)(5) and (6) as
(b)(4) and (5).
■b. Amend paragraph (c) by removing
the word ‘‘adult’’ before ‘‘participants’’
and removing, ‘‘and, if applicable, to
parents or caretakers of infant and child
participants. Local agencies are
encouraged to make nutrition education
available to children, where
appropriate’’
■13. In § 247.19, am:
Amend paragraph (a) by revising the
first sentence and paragraph (b) to read
as follows: § 247.19 Dual participation.
(a) What must State and local
agencies do to prevent and detect dual
participation? The State agency must
work with local agencies to prevent and
detect dual participation. * * *
(b) What must the local agency do if
a CSFP participant is found to be
committing dual participation? A
participant found to be committing dual
participation must be discontinued from
participation at more than one CSFP
site. In accordance with § 247.20(b), if
the dual participation resulted from the
participant or caretaker of the
participant making false or misleading
statements, or intentionally withholding
information, the local agency must
disqualify the participant from CSFP,
unless the local agency determines that
disqualification would result in a
serious health risk. The local agency
must also initiate a claim against the
participant to recover the value of CSFP
benefits improperly received, in
accordance with § 247.30(c). Whenever
an individual’s participation in CSFP is
discontinued, the local agency must
notify the individual of the
discontinuance, in accordance with
§ 247.17. The individual may appeal the
discontinuance through the fair hearing
process, in accordance with § 247.33(a).
§ 247.25 [Amended]
■14. In § 247.25(f), remove
‘‘§ 250.15(c)’’ and add in its place
‘‘§ 250.17(c)’’.
§ 247.28 [Amended]
■15. In § 247.28(a), remove ‘‘under’’
and add in its place ‘‘in § 250.12 and’’.
§ 247.29 [Amended]
■16. In § 247.29, amend paragraph
(b)(2)(i) by removing ‘‘in each
population category (e.g., infants,
children, and elderly)’’.
§ 247.30 [Amended]
■17. In § 247.30(b), remove
‘‘§ 250.15(c)’’ in the first place it appears
and and add in its place ‘‘§ 250.16(a)’’,
and remove ‘‘§ 250.15(c)’’ in the second
place it appears and add in its place
‘‘§ 250.17(c)’’.
Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2020–23760 Filed 10–29–20; 8:45 am]
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