Child Nutrition Program Integrity-A Proposed Rule by the Food and Nutrition Service Comment Due May 31, 2016

Time to use your VOICE. It Matters. 

This rule proposes to codify several provisions of the Healthy, Hunger-Free Kids Act of 2010 affecting the integrity of the Child Nutrition Programs, including the National School Lunch Program (NSLP), the Special Milk Program for Children, the School Breakfast Program, the Summer Food Service Program (SFSP), the Child and Adult Care Food Program (CACFP) and State Administrative Expense Funds. The Department is proposing to establish criteria for assessments against State agencies and program operators who jeopardize the integrity of any Child Nutrition Program; establish procedures for termination and disqualification of entities in the SFSP; modify State agency site review requirements in the CACFP; establish State liability for reimbursements incurred as a result of a State's failure to conduct timely hearings in the CACFP; establish criteria for increased State audit funding for CACFP; establish procedures to prohibit the participation of entities or individuals terminated from any of the Child Nutrition Programs; establish serious deficiency and termination procedures for unaffiliated sponsored centers in the CACFP; eliminate cost-reimbursement food service management company contracts in the NSLP; and establish procurement training requirements for State agency and school food authority staff in the NSLP. In addition, this rulemaking would make several operational changes to improve oversight of an institution's financial management and would also include several technical corrections to the regulations. The proposed rule is intended to improve the integrity of all Child Nutrition Programs.

There are two ways to submit comments:

1. Preferred method: Federal - Rulemaking Portal @ https://www.regulations.gov/#!docketDetail;D=FNS-2016-0040Docket - FNS-2016-0040 

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          Submit: https://www.regulations.gov/#!submitComment;D=FNS-2016-0040-0001

Follow the online instructions for submitting comments.
​     2. Mail: Comments should be addressed to Andrea Farmer, Chief, School Meal Programs Branch, Policy and                  Program Development Division, Child Nutrition Programs, Food and Nutrition Service, Department of Agriculture,      3101 Park Center Drive, Alexandria, Virginia 22302–1594.   


The following comment letter was drafted by a team led by the Geri Henchy, Food and Research Action Center

Andrea Farmer, USDA
 
Dear Ms. Farmer: 
Thank you for this opportunity to provide comments on the proposed Child Nutrition Program Integrity rule. Maintaining integrity is best served by a balanced effective approach that employs mechanisms to preserve integrity and access to the programs.  To ensure the continued success of the programs, I offer the following recommendations.

• Remove the proposed system of damaging fines for CACFP and summer food program sponsors, centers, sites and programs
  

Ensure a fair and uniform serious deficiency process:

• Restore the option to “fully and permanently” resolve a successfully corrected serious deficiency rather than only be allowed to “temporarily defer” it.
• Issue a clarifying memo explaining that sponsors should not automatically be declared seriously deficient when one of their centers has a finding of serious deficiency.
• Define standards to measure severity of problems and distinguish between human error versus serious noncompliance that is “severe and substantial.”
• Require State agencies to promptly and fully communicate the outcome of review findings and corrective actions within an establish timeframe.
• Establish an appeal/mediation process for review findings, as well as additional state requirements that conflict with USDA regulations or guidance. 

Revise the proposed procedures for termination and disqualification in the summer food program and sponsored CACFP centers: 

• State agencies should retain responsibility for termination and disqualification of sponsored unaffiliated CACFP centers.
• Extend the proposed summer food program option allowing State agency discretion regarding automatic terminations to CACFP program operators.    
• Allow enough time for summer sites to correct problems, 10 days is inadequate.
• Grant sponsors access to the SFSP National Disqualified List. 

Encourage State agencies to maximize newly available audit funds by funding institutions to purchase technology solutions supporting integrity and nutrition quality, and independent audits.

• Give organizations and individuals denied approval based on the National Disqualified list the right to an appeal the accuracy of the State agency determination. 
• Revise the proposed financial review by eliminating the required annual bank statement inspection and broad mandate to refer to authorities.
• Extend the appeals timeline from 60 days to 90 days and allow State agencies 120 days to complete the appeal before sanctions apply.
• Revise the proposed State agency sponsor review requirements to better define and target high risk institutions. 
• Provide a full year for implementation: 90 days is not adequate. 

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The serious deficiency process needs to be thoroughly evaluated and reformed prior to expanding it to SFSP and unaffiliated sponsored centers. 

Thank you for your consideration of these comments.       

    

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