This final rule removes from the Code of Federal Regulations the final rule published on Dec. 5, 2019, titled “Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents.” This action responds to a decision of the U.S. District Court for the District of Columbia that vacated the rule.
The final rule implements the changes made by section 4005 of the Agriculture Improvement Act of 2018 to the SNAP pertaining to the E&T program and aspects of the work requirement for able-bodied adults without dependents.
This rulemaking proposes to codify three menu planning flexibilities established by the interim final rule titled, Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements published Nov. 30, 2017, and made permanent with some modifications by a final rule of the same title published Dec. 12, 2018, hereafter referred to as the 2018 Final Rule. An April 2020 court decision vacated and remanded the 2018 Final Rule.
This final rule removes from the Code of Federal Regulations the final rule published on Dec. 12, 2018, titled, “Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements.” This action responds to a decision of the U.S. District Court for the District of Maryland that vacated the rule.
Through this final rule, FNS is adding regulations that will ensure the integrity of the supplemental allotments for households with children who would have otherwise received free or reduced price school meals under the Richard B. Russell National School Lunch Act, but for school closures or reduction in the number of days or hours that students attend school in response to the ongoing and national COVID-19 Public Health Emergency.
Through this final rule, the USDA Food and Nutrition Service is codifying a revised statutory requirement included in the Agriculture Improvement Act of 2018 that established new Commodity Supplemental Food Program certification requirements..
This final rule amends the SNAP regulations to ensure that retail food stores can no longer use the Freedom of Information Act (FOIA) process to delay FNS' administrative actions to sanction a retail food store for SNAP violations. Under this rule, FNS will process FOIA requests and FOIA appeals separately from the administrative action for all SNAP violations, as originally proposed. The processing of FOIA requests and appeals during the administrative and judicial review process will have no impact on when the agency can take administrative action.
This final rule amends the SNAP regulations to implement provisions of the 2008 Farm Bill regarding monthly benefit issuance allotments, storage of benefits off-line, and permanent expungement of unused benefits, as well as related benefit expungement and off-line storage provisions of the 2018 Farm Bill. This final rule also updates SNAP regulations to reflect the program's name change to SNAP and benefit issuance through Electronic Benefit Transfer (EBT) systems.
FNS is codifying a revised statutory requirement included in the Agriculture Improvement Act of 2018. The 2018 Farm Bill at section 4003 requires FDPIR administrative funds to remain available for obligation at the Indian Tribal Organization (ITO) and state agency level for a period of two federal fiscal years. This provision was self-executing and went into effect upon enactment of the 2018 Farm Bill in federal fiscal year 2019.
This rulemaking proposes to amend the Summer Food Service Program (SFSP) regulations to strengthen program integrity by codifying in regulations changes that have been tested through policy guidance and by streamlining requirements among Child Nutrition Programs. The original comment period for this proposed rule, published on Jan. 23, 2020, ends on March 23, 2020. FNS is extending the comment period through April 22, 2020.