FNS Instruction 113-1

FNS Instruction 113-1

• This Instruction is applicable to ALL programs and activities of a receipt of Federal financial assistance, whether those programs and activities are federally funded in whole or not

Federal Financial Assistance

• Anything of value received from the Federal government

• Includes cash grants, commodities, training, excess computers, loans, property donations, and other goods and services provided with Federal funds.

• TEFAP and CSFP commodities constitute Federal financial assistance.

FNS 113-1 Overview

• Civil Right requirements for FNS nutrition programs

• Contains references, definitions, and responsibilities

• Some rules apply to all programs• TEFAP and CSFP specific rules

covered in Appendix C

Purpose

• Establish and conveys policy

• Provides guidance and direction to USDA, FNS and its recipients and customers

• Ensures compliance with and enforcement of the prohibition against discrimination in all FNS programs and activities, whether federally funded in whole or not

FNS 113-1 Changes

• Certain procedures related to recent regulatory changes

• Updates Data Collection Procedures• Adds Equal Opportunity for Religious

Organizations• Revises Complaint Handling Procedures• Makes the FNS-113-1 a Single

Reference for Civil Rights Compliance and Enforcement

3 New Sections in FNS113-1

• Limited English Proficiency (LEP)

• Equal Opportunity for Religious Organizations

• Appendices

Authority

• Title VI of the Civil Rights Act 1964

• American with Disability Act

• Title IX of the Education Amendments of 1972

• Section 504 of the Rehabilitation Act of 1973

• Age Discrimination Act of 1975

• The Personal Responsibility and Work Opportunity Reconciliation Act of 1996

• Food Stamp Act of 1977

• Executive Order 13166

• USDA Departmental Regulation 4330-2

• 7CFR Part 16, Equal Opportunity for Religious Organizations

Authority specific to TEFAP and CSFP

• 7 CFR Parts 250 and 251

• The Emergency Food Assistance Act of 1983

• 7 CFR Parts 250 and 247

• Sections 4(a) and 5 of the Agriculture and Consumer Protection Act of 1973 (Public Law 93-86) as amended

Protected Classes for TEFAP and CSFP

• Race• Color• National Origin• Sex• Age• Disability• Religious Creed (FSP) (FDPIR) and • Political Beliefs (FSP) (FDPIR)

Types of Discrimination

• Disparate Treatment• Disparate Impact• Retaliation

TEFAP and CSFP Responsibilities

• Training• Compliance with

civil right laws, regulations and requirements

• Equal treatment for religious organizations

• Public Notification and Assurances

• Data collection• Complaint

Processing

• LEP services – providing other language services

• Accommodating persons with disabilities

• Conflict resolution • Customer Service

Civil Rights Training

Limited English Proficiency (LEP)

• An LEP individual is a person who is unable to speak, read, write or understand the English language at a level that permits him or her to interact effectively with health and social services agencies and providers.

Equal Opportunity for Religious Organizations

• Ensures a level playing field for the participation of faith based organizations and other community organizations in USDA programs.

Public Notification

• Program rights and responsibilities

• Nondiscrimination policy• Procedures for filing a complaint

Methods of Public Notification

• Prominently display the “And Justice for All” poster.

• Inform potentially eligibly person, applicants, participants and grassroots organizations of programs or changes in programs.

• Provide appropriate information in alternative formats for person with disabilities.

• Include the required nondiscrimination statement on all appropriate FNS and agency publications, websites posters and information materials.

• Convey the message of equal opportunity in all photos and other graphics that are used to provide or program-related information.

Nondiscrimination Statement

In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability.

To file a complaint or discrimination write USDA, Director, Office of Civil Rights 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY) and USDA is an equal opportunity provider and employer

Data Collection and Reporting

• State agencies, local agencies, and other sub-recipients are required to obtain data by race and ethnic category on potentially eligible populations, applicants and participants in their program service area.

Collection of Data

• Ensure racial or ethnic participation is collected

• Maintained for 3 years• Racial/ethnic data is required for

each applicant/participant at the time of application/certification

Race & Ethnic Categories

Two Question FormatEthnicity:– Hispanic or Latino– Not Hispanic or Latino

Raceo American Indian or Alaskan Nativeo Asian o Black or African Americano Native Hawaiian or Other Pacific

Islandero White

Racial/Ethnic Categories

• American Indian or Alaskan Native

• Asian• Black or African American• Native Hawaiian or Other

Pacific Islander• Hispanic or Latino• White

Race and Ethnic Categories Two Question Format

• Program applicants may not be required to furnish race or ethnicity

• Visual observation will be used when the applicant does not self identify.

Complaint Procedures

• Rights and Responsibilities• Bureau of Civil Rights• ODJFS Complaint Processing

System

Compliance Reviews & Resolution of Non-Compliance

• USDA FNS Region review state agencies

• State agencies review local/county agencies

• Local agencies review their sub-recipients

• State agency must report significant findings to the reviewed entity and FNS

Noncompliance

• A factual finding that any civil rights requirement, as provided by law, regulation policy, instruction, or guidelines is not being adhered to by a State agency, local agency or other sub-recipient are reported.

QUIZ

Questions?

2/17/12