FNS Instruction 113-1

2. 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

3. 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.

4. 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

5. 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 Purpose

6. 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

7. 3 New Sections in FNS113-1 • Limited English Proficiency (LEP) • Equal Opportunity for Religious Organizations • Appendices

8. 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

9. 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 Authority specific to TEFAP and CSFP

10. Protected Classes for TEFAP and CSFP • Race • Color • National Origin • Sex • Age • Disability • Religious Creed (FSP) (FDPIR) and • Political Beliefs (FSP) (FDPIR)

11. Types of Discrimination • Disparate Treatment • Disparate Impact • Retaliation

12. 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 TEFAP and CSFP Responsibilities

13. Civil Rights Training

14. 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.

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

16. Public Notification • Program rights and responsibilities • Nondiscrimination policy • Procedures for filing a complaint

17. 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.

19. 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

20. 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.

21. 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

22. Race & Ethnic Categories Two Question Format Ethnicity: • Hispanic or Latino • Not Hispanic or Latino Race • American Indian or Alaskan Native • Asian • Black or African American • Native Hawaiian or Other Pacific Islander • White

23. Racial/Ethnic Categories • American Indian or Alaskan Native • Asian • Black or African American • Native Hawaiian or Other Pacific Islander • Hispanic or Latino • White

24. 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.

25. Complaint Procedures • Rights and Responsibilities • Bureau of Civil Rights • ODJFS Complaint Processing System

26. 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

27. 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.

28. QUIZ

29. Questions? 2/17/12