Summary
We are proposing to rescind Supplemental Nutrition Assistance Program: Revision of Civil Rights Data Collection Methods regulations, issued as a final rule on Dec. 14, 2023.
Request for Comments
Comments must be received within 30 days of publication of this document in the Federal Register.
Comments must be submitted through the Federal eRulemaking portal at http://www.regulations.gov and should reference the docket number and the date and page number of this issue of the Federal Register. All comments submitted in response to this document will be included in the record and will be made available to the public. Please be advised that the identity of individuals or entities submitting comments will be made public on the internet at the address provided above. A plain language summary of this notice of proposed rule is available at https://www.regulations.gov in the docket for this rulemaking.
Supplementary Information
FNS is proposing to rescind revisions to Supplemental Nutrition Assistance Program (SNAP) regulations that cover collecting and reporting race and ethnicity data by state agencies on persons receiving benefits from SNAP adopted by FNS on Dec. 14, 2023, via 88 FR 86563, with an effective date of Feb. 12, 2024, and codified in 7 CFR part 272. The regulation removed regulatory language that provides an example that state agencies might collect race and ethnicity data by observation (also referred to as “visual observation”) when participants do not voluntarily provide the information on the application form. Further, it prohibited using visual observation as a data collection method for race and ethnicity.
We propose to rescind the rule and seek comment on that proposal.
Accordingly, the Food and Nutrition Service proposes to amend 7 CFR part 272 as follows:
- The authority citation for Part 272 continues to read as follows:
Authority: 7 USC 2011-2036. - Amend § 272.6 by revising paragraph (g) to read as follows:
§ 272.6 Nondiscrimination compliance.
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(g) Data collection. The state agency must obtain racial and ethnic data on participating households in the manner specified by FNS. The application form must clearly indicate that the information is voluntary, that it will not affect the eligibility or the level of benefits, and that the reason for the information is to assure that program benefits are distributed without regard to race, color, or national origin. The state agency must develop alternative means of collecting ethnic and racial data on households, such as by observation during the interview, when the information is not provided voluntarily by the household on the application form.