Supplemental Nutrition Assistance Program: Waivers under Section 6(o) of the Food and Nutrition Act of 2008

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Appendix H_Privacy Act (65 FR 17251)_0584-0479.pdf	Supplementary Document	Uploaded 2022-12-20	Repair queued
OMB 0584-0479 - Supporting Statement - Draft_v8.docx	Supporting Statement A	Uploaded 2022-12-20	Repair queued
Appendix I_BurdenTable_0584-0479_Updated.xlsx	Supplementary Document	Uploaded 2022-12-20	Repair queued
Appendix B_Section 6(o) of the Food and Nutrition Act.docx	Supplementary Document	Uploaded 2022-12-20	Repair queued
Appendix A_7 CFR 273.24.docx	Supplementary Document	Uploaded 2022-12-20	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
3082	Waiver Under Section 6(o) of the Food Stamp Act (State Agencies)	Other-Appendix F_ABAWD Request Template_0584-0479_Updated	Modified
238620	Waivers under Section 6(o) of the Food and Nutrition Act (Individuals/Households)		Modified

ICR Details

OMB Control No: 0584-0479	ICR Reference No: 202211-0584-004
Status: Historical Active	Previous ICR Reference No: 201911-0584-001
Agency/Subagency: USDA/FNS	Agency Tracking No: Renewal 2023
Title: Supplemental Nutrition Assistance Program: Waivers under Section 6(o) of the Food and Nutrition Act of 2008
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/23/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/23/2023
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2026	36 Months From Approved	02/28/2023
Responses	36	0	2,174,072
Time Burden (Hours)	1,163	0	171,256
Cost Burden (Dollars)	0	0	0

---

Abstract: Section 824 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) establishes a time limit for the receipt of Supplemental Nutrition and Assistance Program (SNAP) benefits for able-bodied adults without dependents. In order to obtain and evaluate waivers for this provision, State agencies must submit sufficient supporting information so that the Secretary of Agriculture can make the required determination as to an area's unemployment rate or its insufficient number of jobs.

---

Authorizing Statute(s): PL: Pub.L. 104 - 193 824 Name of Law: Personal Responsibility and Work Opportunity Act 1996
   US Code: 7 USC 2015 Section 6 Name of Law: Food and Nutrition Act, 2008
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 45737	07/29/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 2600	01/17/2023
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Waiver Under Section 6(o) of the Food Stamp Act (State Agencies)
Waivers under Section 6(o) of the Food and Nutrition Act (Individuals/Households)

---

ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	36	2,174,072	0	-2,174,033	-3	0
Annual Time Burden (Hours)	1,163	171,256	0	-169,988	-105	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: A15. Explanation of program changes or adjustments. This is a revision of a currently approved collection. The current OMB burden inventory is 171,256 annual burden hours and 2,174,072 total annual responses. In this revision, FNS is requesting 1,163 annual burden hours and 35 total annual responses. This is a decrease of 170,093 burden hours and 2,174,037 total annual responses. These decreases in burden hours and total responses are due to both program changes and adjustments. Program Changes On December 5, 2019, FNS published the final rule, “Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents” (84 FR 66782, RIN 0584-AE57). This rule significantly increased the reporting burden associated with this information collection, primarily because of the start-up costs associated with the rule and adjustments the estimates of the type of data States would use to support their ABAWD waiver requests. This rule estimated a start-up cost of 84,463 annual burden hours and 1,087,036 total annual responses for State agencies and 85,767 burden hours and 1,087,000 total annual responses for households. When the U.S. District Court for the District of Columbia vacated this rule on October 18, 2020, the previous regulations were reinstated, so FNS is no longer including these start-up costs in the burden estimate, resulting in a decrease of 170,222 annual burden hours and 2,174,036 total annual responses due to this program change. Additionally, this rule adjusted the type of data States could use to support ABAWD waiver requests, resulting in adjustments to costs of ongoing items. As described in A12 and Table 1, State agencies can submit requests based on Labor Market Data or based on Labor Surplus Area designations or EB trigger notices. This rule eliminated the ability to qualify for an ABAWD waiver based on LSA designations or EB trigger notices, resulting in an estimated zero burden hours and zero total requests in the current burden inventory for this item. This rule also decreased the hours per response for requests based on Labor Market Data from 35 to 28.5 hours. The hours per response for Labor Market Data requests also increased by 6.5 hours, returning to 35 hours per response. As a result of the vacated rule and reinstatement of the previous regulations, the burden estimate for requests based on LSA designations or EB trigger notices increased by eight annual burden hours and two annual responses and the burden estimate for requests based on Labor Market data increased by 234 burden hours. Adjustments This adjustment is a decrease of 3 annual responses based on Labor Market Data since the last extension of this collection in 2018. At that time, FNS estimated 36 States would submit one response based on Labor Market Data for a total of 36 annual responses. Now, based on FNS’ experiences in FY 2018 through FY 2022, FNS estimates 33 States will submit one response based on Labor Market Data for a total of 33 annual responses, resulting in a decrease of 105 burden hours. Combined with the increase in burden hours due to program changes, for responses based on Labor Market data, FNS estimates a net increase of 129 burden hours and decrease of 3 annual responses, for a total of 1,155 burden hours per response and 33 annual responses. FNS does not estimate an adjustment in the number of annual responses based on LSA designations or EB trigger notices, maintaining an estimate of two States submitting one response for a total of two annual responses based on these criteria. Combined with the increase in burden hours due to program changes for responses based on LSA designations or EB trigger notices, FNS estimates a net increase of eight annual burden hours and two annual responses. FNS outlines the process for calculating the estimates for responses in A12.

---

Annual Cost to Federal Government: $1,434,465

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/23/2023

---