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Special ABAWD Provisions for Alaska and Hawaii The OBBB also establishes a special ABAWD waiver criterion and a new type of exemption for individuals residing in Alaska and Hawaii. The OBBB allows the Secretary to approve requests to waive areas of Alaska and Hawaii with unemployment rates 150 percent above the national unemployment rate. This authority is effective immediately and does not expire. Again, FNS strongly encourages all State agencies, including Alaska and Hawaii, to not seek waivers and, instead, assist individuals to available paths to compliance even in areas with relatively high unemployment. However, if requesting waivers under this provision, FNS expects Alaska and Hawaii to provide data or evidence that the requested areas have unemployment rates over 150 percent above the national average. FNS will evaluate requests on a case-by-case basis. FNS may provide additional guidance or pursue rulemaking on such requirements, if appropriate. The OBBB also allows the Secretary to approve a new type of exemption for individuals residing in Alaska and Hawaii if the State agency demonstrates a good faith effort to comply with ABAWD work requirements. FNS will refer to these as “ABAWD good faith exemptions”. The Secretary’s authority to grant ABAWD good faith exemptions is effective immediately, and exemptions issued under this authority expire no later than December 31, 2028. If the State agency seeks to use ABAWD good faith exemptions, FNS expects the State agency to submit a request in WIMS including the following: 1. A description of the actions the State agency has taken to ensure it can accurately and fully administer the ABAWD work requirement and time limit; 2. A description of the significant barriers or challenges the State agency faces in accurately implementing the ABAWD work requirement and time limit. This includes, but is not limited to, issues related to funding, design, development, procurement, or installation of necessary systems or resources; and 3. A plan and timeline for achieving full and accurate implementation of the ABAWD work requirement and time limit statewide. This must include significant milestones to measure progress. If approved, the State agency must submit: 1. Quarterly progress reports on its progress towards full compliance with ABAWD requirements; Guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. USDA may not cite, use, or rely on any guidance that is not available through their guidance portal, except to establish historical facts.