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| USDA/FNS | RIN: 0584-AD89 | Publication ID: Spring 2011 |
| Title: Supplemental Nutrition Assistance Program: Civil Rights Protections for SNAP Households | |
| Abstract: This proposed rule is to codify one provision of the Farm Bill of 2008 and reference a second. First, in accordance with section 4117 of the Farm Bill, the rule will amend the program regulations at 7 CFR part 272.6(a) to say that the administration of the Supplemental Nutrition Assistance Program (SNAP) by a State agency shall be consistent with the rights of households under: (1) The Age Discrimination Act, (2) section 504 of the Rehabilitation Act, (3) the Americans with Disabilities Act (ADA), and (4) title VI of the Civil Rights Act. Second, in accordance with section 4118 of the Farm Bill, we plan to note in the preamble that the current rules requiring bilingual personnel and materials now have the force of law, but that no new regulatory text on bilingual requirements is needed. Regarding the first provision, section 4117 of the Farm Bill clarifies that the administration of SNAP by a State agency shall be consistent with the rights of households under the above four civil rights laws. The SNAP is already subject to these four civil rights laws but the program regulations only mention three of the four laws, omitting the ADA. This is a statutory requirement that does not involve discretion. The regulatory change will now include the ADA. Section 4118 of the Farm Bill provides that State agencies must comply with program rules on bilingual personnel and material. The Food Stamp Act of 1977 (the previous law for SNAP) and current program regulations already require bilingual personnel and material in areas in which a substantial number of low-income household members speak a language other than English. While the substance of the current rules is not affected by this change in the law, the current rule now has the force of law. Accordingly, we plan to note in the preamble that the current rule at 7 CFR part 272.4(b) on bilingual requirements now has the force of law, but that no new regulatory text is needed. These two provisions do not require new State action. Because there is no new State action required, there is no additional cost States would incur from the rulemaking. We anticipate that this rule will not have an impact on the associated paperwork burdens. Note: Executive Order 12250 delegates the approval of rules based on the Civil Rights Act to the Attorney General. Accordingly, this rule has been reviewed by the Department of Justice (09-001). | |
| Agency: Department of Agriculture(USDA) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
| Major: No | Unfunded Mandates: Undetermined |
| CFR Citation: 7 CFR 272 | |
| Legal Authority: PL 110-246, sec 4117 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
| Federalism: Undetermined | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: James F Herbert Regulatory Review Specialist Department of Agriculture Food and Nutrition Service 3101 Park Center Drive, Alexandria, VA 22302 Phone:703 305-2572 Email: james.herbert@fns.usda.gov |
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