Cooperation in USDA Studies and Evaluations, and Full Use of Federal Funds in Nutrition Assistance Programs Nondiscretionary Provisions of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, 37979-37983 [2011-16282]
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37979
Rules and Regulations
Federal Register
Vol. 76, No. 125
Wednesday, June 29, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 210, 215, 220, 225, 226,
235, 246, and 248
[FNS–2011–0031]
RIN 0584–AE20
Cooperation in USDA Studies and
Evaluations, and Full Use of Federal
Funds in Nutrition Assistance
Programs Nondiscretionary Provisions
of the Healthy, Hunger-Free Kids Act of
2010, Public Law 111–296
Food and Nutrition Service
(FNS), USDA
ACTION: Final rule.
AGENCY:
This final rule incorporates
into the regulations governing the
Programs authorized under the Richard
B. Russell National School Lunch Act
(NSLA) and the Child Nutrition Act of
1966 (CNA) two nondiscretionary
provisions of the Healthy, Hunger-Free
Kids Act of 2010 (HHFK Act). The
HHFK Act requires State and local
cooperation in Department of
Agriculture studies and evaluations
related to Programs authorized under
the NSLA and the CNA. The HHFK Act
also amends the NSLA to stipulate that
Federal funds must not be subject to
State budget restrictions or limitations,
including hiring freezes, work
furloughs, and travel restrictions. This
final rule amends regulations for the
National School Lunch Program; the
Special Milk Program for Children; the
School Breakfast Program; the Summer
Food Service Program; the Child and
Adult Care Food Program; State
Administrative Expense Funds ; the
Special Supplemental Nutrition
Program for Women, Infants and
Children; and the WIC Farmers’ Market
Nutrition Program.
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SUMMARY:
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These provisions will strengthen
program integrity by ensuring that
sufficient data is made available for
studies and evaluations. Additionally,
exempting Federal funds from State
budgetary restrictions or limitations is
intended to increase the ability of State
agencies to administer USDA’s nutrition
assistance programs effectively.
DATES: Effective Date: This rulemaking
becomes effective on July 29, 2011.
FOR FURTHER INFORMATION CONTACT: For
more information contact Julie Brewer,
Chief, Policy and Program Development
Branch, Child Nutrition Division, Food
and Nutrition Service, Department of
Agriculture, 3101 Park Center Drive,
Room 640, Alexandria, Virginia 22302;
(703) 305–2590.
SUPPLEMENTARY INFORMATION:
Background
The Healthy, Hunger-Free Kids Act of
2010, Public Law 111–296, (the HHFK
Act), was signed into law on December
13, 2010. The HHFK Act includes
Section 305 and 361, which are
nondiscretionary and directly affect a
number of nutrition assistance programs
authorized under the NSLA (42 U.S.C.
1751 et seq.) and the CNA (42 U.S.C.
1771 et seq.), including: The Special
Supplemental Nutrition Program for
Women, Infants and Children (WIC); the
WIC Farmers’ Market Nutrition Program
(FMNP); the National School Lunch
Program (NSLP); the School Breakfast
Program (SBP); the Special Milk
Program for Children (SMP); State
Administrative Expense (SAE) Funds;
the Summer Food Service Program
(SFSP); and the Child and Adult Care
Food Program (CACFP). The provisions
of sections 305 and 361 also apply to the
Fresh Fruit and Vegetable Program.
Proposed regulations for that Program
are expected to be issued shortly.
First, Section 305 of the HHFK Act
added a new provision Section 28(c) of
the NSLA, 42 U.S.C. 1760(c), requiring
State and local entities and their
contractors participating in the
programs under the NSLA and the CNA
to cooperate in studies and evaluations
conducted by or on behalf of the
Department of Agriculture (USDA)
related to programs authorized under
the NSLA or the CNA. USDA conducts
studies related to Program operations in
order to comply with existing laws or to
provide Program information for
program management and improvement.
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It is essential that such studies reflect an
accurate portrait of these Programs on a
Program-wide basis. In accordance with
Section 445 of the HHFK Act, Section
305 became effective October 1, 2010,
and has been implemented via
memoranda to Child Nutrition, WIC,
and FMNP State agencies, issued March,
2011. This rule amends 7 CFR 210.23(e),
215.7(f), 215.11(f), 220.7(g), 220.13(m),
225.18(j), 226.25(h), 246.26(k), and
248.24(d) to reflect this
nondiscretionary statutory requirement.
Second, Section 361 of the HHFK Act
amended Section 12(b) of the NSLA by
establishing expectations for the use of
Federal funds supporting the
administration of Programs authorized
under the NSLA and the CNA.
Specifically, all agreements between
FNS and a State agency to administer
the Programs affected by this rule must
include a provision that supports full
use of Federal funds for the
administration of the Programs and
excludes such funds from State budget
restrictions or limitations including, at a
minimum, hiring freezes, work
furloughs, and travel restrictions.
Section 361 also became effective on
October 1, 2010, in accordance with
Section 445 of the HHFK Act and has
been implemented via memoranda to all
Child Nutrition, WIC, and FMNP State
agencies.
In this final rule, the Department
excludes from State budget restrictions
State-imposed cost-saving measures of
hiring freezes, work furloughs, and
travel restrictions affecting USDA
Programs under the NSLA and CNA.
These limits are the exclusions specified
in Section 361 of the HHFK Act. Should
the Department determine that
expansion of these restrictions is
necessary to ensure the ability of State
agencies to administer USDA’s nutrition
assistance Programs effectively, we will
initiate a separate rulemaking process.
Because the Federal/State agreement
for the Child Nutrition Programs is
permanent, the amendment signed in
FY 2011 conforms to the requirements
of Section 361 for FY 2011 and all
subsequent fiscal years. The Federal/
State annual agreements for WIC and
the FMNP were amended for FY 2011.
FNS has begun revising the Federal/
State Agreement forms for the WIC and
FMNP to include the necessary
statement related to the full use of
Federal funds in accordance with
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Section 361 of the HHFK Act. The
revised form is expected to be ready for
use for FY 2012. This rule amends 7
CFR 225.5(a)(5), 226.8(e), 235.6(i),
246.3(c)(3), and 248.3(c)(2) to reflect this
requirement.
Notice and Comment
In accordance with the Secretary’s
Statement of Policy (36 FR 13804), it is
found and determined upon good cause
that it is unnecessary to engage in the
Notice and Comment provisions of 5
U.S.C. 553 normally required before the
adoption of final regulations in an FNSsponsored program. As indicated
earlier, Sections 305 and 361 of the
HHFK Act adopted as final rules in this
rulemaking are nondiscretionary. These
provisions are being incorporated as
regulations using language taken
verbatim from the Act. The
nondiscretionary nature of Sections 305
and 361 means that notice and comment
would serve no useful purpose in the
promulgation of these regulations.
Executive Order 12866 and Executive
Order 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
This rule has been designated a ‘‘not
significant regulatory action.’’
Accordingly, the rule will not be
reviewed by the Office of Management
and Budget.
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Regulatory Impact Analysis
This rule has been designated as nonsignificant by the Office of Management
and Budget; therefore, no Regulatory
Impact Analysis is required.
Regulatory Flexibility Act
Pursuant to section 605(b) of the
Regulatory Flexibility Act at 5 U.S.C.
601–612, FNS certifies that this final
rule will not have a significant
economic impact on a substantial
number of small entities. This final rule
incorporates into the regulations
governing the Programs authorized
under the Richard B. Russell National
School Lunch Act and the Child
Nutrition Act of 1966, as amended, two
statutory provisions set forth in the
Healthy, Hunger-Free Kids Act of 2010.
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The HHFK Act requires State and local
cooperation in USDA studies and
evaluations related to programs
authorized under the NSLA and the
CNA. The HHFK Act also amends the
NSLA by stipulating that Federal funds
available for Programs authorized in the
NSLA and CNA must not be subject to
State budget restrictions or limitations,
including hiring freezes, work
furloughs, and travel restrictions.
The provision implementing Section
305 is applicable to States, WIC and
FMNP State agencies, State educational
agencies, local educational agencies,
local WIC and FMNP agencies, schools,
institutions, facilities, and contractors;
however, the provision simply requires
cooperation with studies and
evaluations and will not have a
significant economic impact on affected
parties. The provision implementing
Section 361 are applicable to all State
agencies, and, in the case of the WIC
Program and the FMNP, local agencies
that administer the Programs authorized
under the NSLA or the CNA and will
not have a significant economic impact
on a substantial number of small
entities.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under Section 202 of the UMRA,
FNS generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures by State, local, or
tribal governments in the aggregate, or
to the private sector, of $100 million or
more in any one year. When such a
statement is needed for a rule, Section
205 of the UMRA generally requires
FNS to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
more cost-effective or least burdensome
alternative that achieves the objectives
of the rule.
This final rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local or tribal governments or the
private sector of $100 million or more
in any one year. Thus, the rule is not
subject to the requirements of Sections
202 and 205 of the UMRA.
Executive Order 12372
The nutrition assistance programs
affected by this rulemaking are listed in
the Catalog of Federal Domestic
Assistance as follows:
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• WIC No. 10.557
• FMNP No. 10.572
• NSLP No. 10.555
• SBP No. 10.553
• SAE No. 10.560
• SMP No. 10.556
• CACFP No. 10.558
• SFSP No. 10.559
For the reasons set forth in the final
rule at 7 CFR part 3015, Subpart V and
related Notice (48 FR 29115, June 24,
1983), these programs are included in
the scope of Executive Order 12372 that
requires intergovernmental consultation
with State and local officials.
Federalism Summary Impact Statement
Executive Order 13132 requires
Federal agencies to consider the impact
of their regulatory actions on State and
local governments. Where such actions
have federalism implications, agencies
are directed to provide a statement for
inclusion in the preamble to the
regulations describing the agency’s
considerations in terms of the three
categories called for under Section
6(b)(2)(B) of Executive Order 13132.
FNS has considered the impact of this
rule on State and local governments and
has determined that this rule does not
have federalism implications. Therefore,
under Section 6(b) of the Executive
Order, a federalism summary impact
statement is not required.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is intended to have
preemptive effect with respect to any
State or local laws, regulations or
policies which conflict with its
provisions or which would otherwise
impede its full implementation. This
rule is not intended to have retroactive
effect unless specified in the DATES
section of the final rule. Prior to any
judicial challenge to the provisions of
this rule or the application of its
provisions, all applicable administrative
procedures must be exhausted.
Civil Rights Impact Analysis
FNS has reviewed this rule in
accordance with Departmental
Regulations 4300–4, ‘‘Civil Rights
Impact Analysis,’’ and 1512–1,
‘‘Regulatory Decision Making
Requirements.’’ After a careful review of
the rule’s intent and provisions, FNS
has determined that this rule is not
intended to limit or reduce in any way
the ability of protected classes of
individuals to receive benefits on the
basis of their race, color, national origin,
sex, age or disability, nor is it intended
to have a differential impact on
minority-owned or operated business
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establishments, and woman-owned or
operated business establishments that
participate in the Programs affected by
this rulemaking.
Federal WIC regulations specifically
prohibit State agencies that administer
the WIC Program, and their cooperators,
from engaging in actions that
discriminate against any individual in
any of the protected classes (see 7 CFR
246.8 for the nondiscrimination policy
in the WIC Program; 7 CFR 248.7 for the
nondiscrimination policy in the FMNP).
In the NSLP, the regulation in 7 CFR
210.23(b) seeks to ensure nondiscrimination in the operation of the
school meals programs by prohibiting
the denial of meal benefits to any child
because of race, color, national origin,
age, sex, or disability. It also requires
State agencies and school food
authorities to comply with the
requirements of: Title VI of the Civil
Rights Act of 1964; title IX of the
Education Amendments of 1972; section
504 of the Rehabilitation Act of 1973;
the Age Discrimination Act of 1975;
Department of Agriculture regulations
on nondiscrimination (7 CFR parts 15,
15a, and 15b); and FNS Instruction 113–
6. Other regulatory provisions (7 CFR
210.9(b)(11), 7 CFR 210.18(h)(1)(iii), 7
CFR 220.7(e)(5), 7 CFR 220.7(e)(15), and
7 CFR 220.13(f)(4)) also require
nondiscrimination in the operation of
the lunch and breakfast programs or
refer to the Department’s
nondiscrimination regulations (7 CFR
part 15b).
In the Special Milk Program, 7 CFR
215.13a(d)(5) requires program
operators to have a free milk policy
statement that includes an assurance
that there will be no discrimination
against free milk recipients and no
discrimination against any child on the
basis of race, color, or national origin. In
addition, 7 CFR 215.14 requires that the
school food authority’s agreement with
the State agency contain the assurances
required by Department’s regulations on
nondiscrimination (7 CFR part 15b).
Other regulatory provisions (7 CFR
215.7(d)(3), 215.11(b)(2)) also require
nondiscrimination in the operation of
the milk program or refer to the
Department’s nondiscrimination
regulations (7 CFR part 15b).
In the SFSP, the regulations at 7 CFR
225.7(g)(1) require institutions to agree
to operate the Program in compliance
with applicable Federal civil rights
laws, including title VI of the Civil
Rights Act of 1964, title IX of the
Education Amendments of 1972, section
504 of the Rehabilitation Act of 1973;
the Age Discrimination Act of 1975, and
the Department’s regulations concerning
nondiscrimination (7 CFR parts 15, 15a
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and 15b). At 7 CFR 225.6(c)(4)(i), each
sponsor applying to participate in the
SFSP must submit a statement of
nondiscrimination in its policy for
serving meals to children.
In the CACFP, the regulations at 7
CFR 226.6(b)(4)(iv) require that sponsors
comply with all requirements of title VI
of the Civil Rights Act of 1964, title IX
of the Education Amendments of 1972,
section 504 of the Rehabilitation Act of
1973; the Age Discrimination Act of
1975, and the Department’s regulations
concerning nondiscrimination (7 CFR
parts 15, 15a and 15b).
The provisions in this rule have no
direct impact upon or involvement with
Program participants.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
E.O. 13175 requires Federal agencies
to consult and coordinate with tribes on
a government-to-government basis on
policies that have tribal implications,
including regulations, legislative
comments or proposed legislation, and
other policy statements or actions that
have substantial direct effects on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
In early 2011, USDA engaged in a series
of consultative sessions to obtain input
by Tribal officials or their designees
concerning the impact of this rule on
the tribe or Indian Tribal governments,
or whether this rule may preempt Tribal
law. Reports from these consultations
will be made part of the USDA annual
reporting on Tribal Consultation and
Collaboration. USDA will respond in a
timely and meaningful manner to all
Tribal government requests for
consultation concerning this rule and
will provide additional venues, such as
Webinars and teleconferences, to
periodically host collaborative
conversations with Tribal officials or
their designees concerning ways to
improve this rule in Indian country.
We are not aware of any current
Tribal laws that could be in conflict
with this final rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. Chap. 35; see 5 CFR part
1320), requires that the Office of
Management and Budget (OMB)
approve all collections of information
by a Federal agency from the public
before they can be implemented.
Respondents are not required to respond
to any collection of information unless
it displays a current, valid OMB control
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37981
number. This final rule has no new
information collection requirements.
The information collection burdens
associated with the signing of FederalState agreements in this final rule have
been previously approved under OMB
No. 0584–0332, Form FNS–339,
Federal-State Supplemental Nutrition
Programs Agreement, and OMB No.
0584–0006, 0584–0005, 0584–0012,
0584–0280, 0584–0055, 0584–0067,
Form FNS–74. The information
collection burdens associated with
participating in a study or an evaluation
will be covered under separate
Information Collection Packages that are
specific to a particular study or
evaluation that will be submitted to
OMB for approval.
E-Government Act Compliance
FNS is committed to complying with
the E-Government Act to promote the
use of the Internet and other
information technologies to provide
increased opportunities to provide for
citizen access to government
information and services, and for other
purposes. Also, State agencies may
provide Program information, as well as
their financial reports, to FNS
electronically.
List of Subjects
7 CFR Part 210
Grant programs—education, Grant
programs—health, Infants and children,
Nutrition, Penalties, Reporting and
recordkeeping requirements, School
breakfast and lunch programs, Surplus
agricultural commodities.
7 CFR Part 215
Food assistance programs, Grant
programs—education, Grant programs—
health, Infants and children, Milk,
Reporting and recordkeeping
requirements.
7 CFR Part 220
Grant programs—education, Grant
programs—health, Infants and children,
Nutrition, Reporting and recordkeeping
requirements, School breakfast and
lunch programs.
7 CFR Part 225
Food assistance programs, Grant
programs health, Infants and children,
Labeling, Reporting.
7 CFR Part 226
Accounting, Aged, Day care, Food
assistance programs, Grant programs,
Grant programs—health, American
Indians, Individuals with disabilities,
Infants and children, Intergovernmental
relations, Loan programs, Reporting and
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recordkeeping requirements, Surplus
agricultural commodities.
National School Lunch Act and the
Child Nutrition Act of 1966.
7 CFR Part 235
Administrative practice and
procedure, Food assistance programs,
Grant programs—education, Grant
programs—health, Infants and children,
Reporting and recordkeeping
requirements, School breakfast and
lunch programs.
■
7 CFR Part 246
Food assistance programs, Food
donations, Grant programs—Social
programs, Indians, Nutrition education,
Public assistance programs, WIC.
7 CFR Part 248
Food assistance programs, Food
donations, Grant programs—Social
programs, Indians, Infants and children,
Maternal and child health, Nutrition
education, Public assistance programs,
WIC, Women.
Accordingly, 7 CFR parts 210, 215,
220, 225, 226, 235, 246 and 248 are
amended as follows:
PART 210—NATIONAL SCHOOL
LUNCH PROGRAM
Authority: 42 U.S.C. 1751–1760, 1779.
2. Section 210.23 is amended to add
a new paragraph (e) as follows:
■
Other responsibilities.
*
*
*
*
*
(e) Program evaluations. States, State
agencies, local educational agencies,
school food authorities, schools and
contractors must cooperate in studies
and evaluations conducted by or on
behalf of the Department, related to
programs authorized under the Richard
B. Russell National School Lunch Act
and the Child Nutrition Act of 1966.
PART 215—SPECIAL MILK PROGRAM
FOR CHILDREN
3. The authority citation for 7 CFR
Part 215 continues to read as follows:
■
Authority: 42 U.S.C. 1772 and 1779.
4. Section 215.7 is amended by adding
a new paragraph (f) to read as follows:
■
Requirements for participation.
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*
*
*
*
*
(f) Program evaluations. Local
educational agencies, school food
authorities, schools, child care
institutions and contractors must
cooperate in studies and evaluations
conducted by or on behalf of the
Department, related to programs
authorized under the Richard B. Russell
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*
*
*
*
*
(f) Program evaluations. States, State
agencies, and contractors must
cooperate in studies and evaluations
conducted by or on behalf of the
Department, related to programs
authorized under the Richard B. Russell
National School Lunch Act and the
Child Nutrition Act of 1966.
PART 220—SCHOOL BREAKFAST
PROGRAM
6. The authority citation for 7 CFR
Part 220 continues to read as follows:
■
Authority: 42 U.S.C. 1773, 1779, unless
otherwise noted.
7. Section 220.7 is amended by adding
a new paragraph (g) to read as follows:
■
Requirements for participation.
*
1. The authority citation for 7 CFR
Part 210 continues to read as follows:
§ 215.7
§ 215.11 Special responsibilities of State
agencies.
§ 220.7
■
§ 210.23
5. Section 215.11 is amended by
adding a new paragraph (f) to read as
follows:
*
*
*
*
(g) Program evaluations. Local
educational agencies, school food
authorities, schools, and contractors
must cooperate in studies and
evaluations conducted by or on behalf
of the Department, related to programs
authorized under the Richard B. Russell
National School Lunch Act and the
Child Nutrition Act of 1966.
8. Section 220.13 is amended by
adding a new paragraph (m) to read as
follows:
■
§ 220.13 Special responsibilities of State
agencies.
*
*
*
*
*
(m) Program evaluations. States, State
agencies, and contractors must
cooperate in studies and evaluations
conducted by or on behalf of the
Department, related to programs
authorized under the Richard B. Russell
National School Lunch Act and the
Child Nutrition Act of 1966.
PART 225—SUMMER FOOD SERVICE
PROGRAM
9. The authority citation for 7 CFR
Part 225 continues to read as follows:
■
Authority: Secs. 9, 13 and 14, Richard B.
Russell National School Lunch Act, as
amended (42 U.S.C. 1758, 1761 and 1762a).
10. Section 225.5 is amended by
adding a new paragraph (a)(5) to read as
follows:
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§ 225.5 Payments to State agencies and
use of Program funds.
*
*
*
*
*
(a) * * *
(5) Full use of Federal funds. States
and State agencies must support the full
use of Federal funds provided to State
agencies for the administration of Child
Nutrition Programs, and exclude such
funds from State budget restrictions or
limitations including, hiring freezes,
work furloughs, and travel restrictions.
*
*
*
*
*
■ 11. Section 225.18 is amended by
adding a new paragraph (j) to read as
follows:
§ 225.18 Miscellaneous administrative
provisions.
*
*
*
*
*
(j) Program evaluations. States, State
agencies, sponsors, sites and contractors
must cooperate in studies and
evaluations conducted by or on behalf
of the Department, related to programs
authorized under the Richard B. Russell
National School Lunch Act and the
Child Nutrition Act of 1966, as
amended.
PART 226—CHILD AND ADULT CARE
FOOD PROGRAM
12. The authority citation for 7 CFR
Part 226 continues to read as follows:
■
Authority: Secs. 9, 11, 14, 16, and 17,
Richard B. Russell National School Lunch
Act, as amended (42 U.S.C. 1758, 1759a,
1762a, 1765 and 1766).
13. Section 226.8 is amended by
redesignating paragraphs (e) through (g)
as paragraphs (f) through (h),
respectively; and by adding a new
paragraph (e) to read as follows:
■
§ 226.8
Audits.
*
*
*
*
*
(e) Full use of Federal funds. States
and State agencies must support the full
use of Federal funds provided to State
agencies under 226.4(j) of this part to
support State audit activities, and
exclude such funds from State budget
restrictions or limitations, including
hiring freezes, work furloughs, and
travel restrictions.
*
*
*
*
*
■ 14. Section 226.25 is amended by
adding a new paragraph (h) to read as
follows:
§ 226.25
Other provisions.
*
*
*
*
*
(h) Program evaluations. States, State
agencies, institutions, facilities and
contractors must cooperate in studies
and evaluations conducted by or on
behalf of the Department, related to
programs authorized under the Richard
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Authority: 42 U.S.C. 1786.
15. The authority citation for 7 CFR
Part 235 continues to read as follows:
■
16. Section 235.6 is amended by
adding a new paragraph (i) to read as
follows:
■
Use of funds.
*
*
*
*
*
(i) Full use of Federal funds. States
and State agencies must support the full
use of Federal funds provided to State
agencies for the administration of Child
Nutrition Programs, and exclude such
funds from State budget restrictions or
limitations including hiring freezes,
work furloughs, and travel restrictions.
PART 246—SPECIAL SUPPLEMENTAL
NUTRITION PROGRAM FOR WOMEN,
INFANTS AND CHILDREN
17. The authority citation for part 246
continues to read as follows:
■
Authority: 42 U.S.C. 1786.
18. Section 246.3 is amended to add
a new paragraph (c)(3), as follows:
■
Administration.
*
*
*
*
(c) * * *
(3) The written agreement must
include a statement that supports full
use of Federal funds provided to State
agencies for the administration of the
WIC Program, and excludes such funds
from State budget restrictions or
limitations including hiring freezes,
work furloughs, and travel restrictions.
*
*
*
*
*
■ 19. Section 246.26 is amended by
adding a new paragraph (k) to read as
follows:
Other provisions.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(k) Program evaluations. State and
local WIC agencies and contractors must
cooperate in studies and evaluations
conducted by or on behalf of the
Department, related to programs
authorized under the Richard B. Russell
National School Lunch Act and the
Child Nutrition Act of 1966 (42 U.S.C.
1786).
PART 248—WIC FARMERS’ MARKET
NUTRITION PROGRAM (FMNP)
20. The authority citation for part 248
continues to read as follows:
VerDate Mar<15>2010
16:04 Jun 28, 2011
Jkt 223001
The
Securities and Exchange Commission is
adopting rule 202(a)(11)(G)–1 [17 CFR
275.202(a)(11)(G)–1] under the
Investment Advisers Act of 1940 [15
U.S.C. 80b] (the ‘‘Advisers Act’’ or
‘‘Act’’).1
*
*
*
*
(c) * * *
(2) The written agreement must
include a statement that supports full
use of Federal funds provided to State
agencies for the administration of the
FMNP, and excludes such funds from
State budget restrictions or limitations,
including hiring freezes, work
furloughs, and travel restrictions.
*
*
*
*
*
■ 22. Section 248.24 is amended by
adding a new paragraph (d) to read as
follows:
I. Background
II. Discussion
III. Paperwork Reduction Act
IV. Economic Analysis
V. Final Regulatory Flexibility Analysis
VI. Statutory Authority
Text of Rule
§ 248.24
I. Background
Other provisions.
*
*
*
*
*
(d) Program evaluations. State and
local FMNP agencies and contractors
must cooperate in studies and
evaluations conducted by or on behalf
of the Department, related to programs
authorized under the Richard B. Russell
National School Lunch Act and the
Child Nutrition Act of 1966 (42 U.S.C.
1786).
Dated: June 23, 2011.
Audrey Rowe,
Administrator, Food and Nutrition Service.
*
■
SUPPLEMENTARY INFORMATION:
Administration.
*
Authority: Secs. 7 and 10 of the Child
Nutrition Act of 1966, 80 Stat. 888, 889, as
amended (42 U.S.C. 1776, 1779).
§ 246.26
Office of Investment Adviser
Regulation, Division of Investment
Management, U.S. Securities and
Exchange Commission, 100 F Street,
NE., Washington, DC 20549–8549.
■
PART 235—STATE ADMINISTRATIVE
EXPENSE FUNDS
§ 246.3
21. Section 248.3 is amended by
redesignating paragraph (c) introductory
text as paragraph (c)(1) and adding a
new paragraph (c)(2) to read as follows:
§ 248.3
B. Russell National School Lunch Act
and the Child Nutrition Act of 1966.
§ 235.6
37983
[FR Doc. 2011–16282 Filed 6–28–11; 8:45 am]
BILLING CODE 3410–30–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 275
[Release No. IA–3220; File No. S7–25–10]
RIN 3235–AK66
Family Offices
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
The Securities and Exchange
Commission (the ‘‘Commission’’) is
adopting a rule to define ‘‘family
offices’’ that will be excluded from the
definition of an investment adviser
under the Investment Advisers Act of
1940 (‘‘Advisers Act’’) and thus will not
be subject to regulation under the
Advisers Act.
DATES: Effective Date: August 29, 2011.
FOR FURTHER INFORMATION CONTACT:
Sarah ten Siethoff, Senior Special
Counsel, or Vivien Liu, Senior Counsel,
at (202) 551–6787 or IArules@sec.gov,
SUMMARY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
Table of Contents
On October 12, 2010, the Commission
issued a release proposing new rule
202(a)(11)(G)–1 that would exempt
‘‘family offices’’ from regulation under
the Advisers Act.2 We proposed this
rule in anticipation of the Dodd-Frank
Wall Street Reform and Consumer
Protection Act’s (the ‘‘Dodd-Frank
Act’’) 3 repeal of the private adviser
exemption from registration contained
in section 203(b)(3) of the Advisers Act,
effective July 21, 2011, upon which
many family offices currently rely.4
The Dodd-Frank Act creates in its
place a new exclusion from the Advisers
Act in section 202(a)(11)(G) under
which family offices, as defined by the
Commission, are not investment
advisers subject to the Advisers Act.5
Historically, family offices that fell
outside the private adviser exemption
have sought and obtained from us
orders under the Advisers Act declaring
those offices not to be investment
advisers within the intent of section
1 15 U.S.C. 80b. Unless otherwise noted, when we
refer to the Advisers Act, or any paragraph of the
Advisers Act, we are referring to 15 U.S.C. 80b of
the United States Code, at which the Advisers Act
is codified.
2 See Family Offices, Investment Advisers Act
Release No. 3098 (Oct. 12, 2010) [75 FR 63753 (Oct.
18, 2010)] (‘‘Proposing Release’’). ‘‘Family offices’’
are entities established by wealthy families to
manage their wealth and provide other services to
family members. See section I of the Proposing
Release for a discussion of family offices.
3 Public Law 111–203, 124 Stat. 1376 (2010), at
section 403.
4 15 U.S.C. 80b–2(b)(3). This provision exempts
from registration any adviser that during the course
of the preceding 12 months had fewer than 15
clients and neither held itself out to the public as
an investment adviser nor advised any registered
investment company or business development
company.
5 See section 409 of the Dodd-Frank Act.
E:\FR\FM\29JNR1.SGM
29JNR1
]]>Agencies
[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 37979-37983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16282]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 /
Rules and Regulations
[[Page 37979]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 210, 215, 220, 225, 226, 235, 246, and 248
[FNS-2011-0031]
RIN 0584-AE20
Cooperation in USDA Studies and Evaluations, and Full Use of
Federal Funds in Nutrition Assistance Programs Nondiscretionary
Provisions of the Healthy, Hunger-Free Kids Act of 2010, Public Law
111-296
AGENCY: Food and Nutrition Service (FNS), USDA
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule incorporates into the regulations governing
the Programs authorized under the Richard B. Russell National School
Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA) two
nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of
2010 (HHFK Act). The HHFK Act requires State and local cooperation in
Department of Agriculture studies and evaluations related to Programs
authorized under the NSLA and the CNA. The HHFK Act also amends the
NSLA to stipulate that Federal funds must not be subject to State
budget restrictions or limitations, including hiring freezes, work
furloughs, and travel restrictions. This final rule amends regulations
for the National School Lunch Program; the Special Milk Program for
Children; the School Breakfast Program; the Summer Food Service
Program; the Child and Adult Care Food Program; State Administrative
Expense Funds ; the Special Supplemental Nutrition Program for Women,
Infants and Children; and the WIC Farmers' Market Nutrition Program.
These provisions will strengthen program integrity by ensuring that
sufficient data is made available for studies and evaluations.
Additionally, exempting Federal funds from State budgetary restrictions
or limitations is intended to increase the ability of State agencies to
administer USDA's nutrition assistance programs effectively.
DATES: Effective Date: This rulemaking becomes effective on July 29,
2011.
FOR FURTHER INFORMATION CONTACT: For more information contact Julie
Brewer, Chief, Policy and Program Development Branch, Child Nutrition
Division, Food and Nutrition Service, Department of Agriculture, 3101
Park Center Drive, Room 640, Alexandria, Virginia 22302; (703) 305-
2590.
SUPPLEMENTARY INFORMATION:
Background
The Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, (the
HHFK Act), was signed into law on December 13, 2010. The HHFK Act
includes Section 305 and 361, which are nondiscretionary and directly
affect a number of nutrition assistance programs authorized under the
NSLA (42 U.S.C. 1751 et seq.) and the CNA (42 U.S.C. 1771 et seq.),
including: The Special Supplemental Nutrition Program for Women,
Infants and Children (WIC); the WIC Farmers' Market Nutrition Program
(FMNP); the National School Lunch Program (NSLP); the School Breakfast
Program (SBP); the Special Milk Program for Children (SMP); State
Administrative Expense (SAE) Funds; the Summer Food Service Program
(SFSP); and the Child and Adult Care Food Program (CACFP). The
provisions of sections 305 and 361 also apply to the Fresh Fruit and
Vegetable Program. Proposed regulations for that Program are expected
to be issued shortly.
First, Section 305 of the HHFK Act added a new provision Section
28(c) of the NSLA, 42 U.S.C. 1760(c), requiring State and local
entities and their contractors participating in the programs under the
NSLA and the CNA to cooperate in studies and evaluations conducted by
or on behalf of the Department of Agriculture (USDA) related to
programs authorized under the NSLA or the CNA. USDA conducts studies
related to Program operations in order to comply with existing laws or
to provide Program information for program management and improvement.
It is essential that such studies reflect an accurate portrait of these
Programs on a Program-wide basis. In accordance with Section 445 of the
HHFK Act, Section 305 became effective October 1, 2010, and has been
implemented via memoranda to Child Nutrition, WIC, and FMNP State
agencies, issued March, 2011. This rule amends 7 CFR 210.23(e),
215.7(f), 215.11(f), 220.7(g), 220.13(m), 225.18(j), 226.25(h),
246.26(k), and 248.24(d) to reflect this nondiscretionary statutory
requirement.
Second, Section 361 of the HHFK Act amended Section 12(b) of the
NSLA by establishing expectations for the use of Federal funds
supporting the administration of Programs authorized under the NSLA and
the CNA. Specifically, all agreements between FNS and a State agency to
administer the Programs affected by this rule must include a provision
that supports full use of Federal funds for the administration of the
Programs and excludes such funds from State budget restrictions or
limitations including, at a minimum, hiring freezes, work furloughs,
and travel restrictions. Section 361 also became effective on October
1, 2010, in accordance with Section 445 of the HHFK Act and has been
implemented via memoranda to all Child Nutrition, WIC, and FMNP State
agencies.
In this final rule, the Department excludes from State budget
restrictions State-imposed cost-saving measures of hiring freezes, work
furloughs, and travel restrictions affecting USDA Programs under the
NSLA and CNA. These limits are the exclusions specified in Section 361
of the HHFK Act. Should the Department determine that expansion of
these restrictions is necessary to ensure the ability of State agencies
to administer USDA's nutrition assistance Programs effectively, we will
initiate a separate rulemaking process.
Because the Federal/State agreement for the Child Nutrition
Programs is permanent, the amendment signed in FY 2011 conforms to the
requirements of Section 361 for FY 2011 and all subsequent fiscal
years. The Federal/State annual agreements for WIC and the FMNP were
amended for FY 2011. FNS has begun revising the Federal/State Agreement
forms for the WIC and FMNP to include the necessary statement related
to the full use of Federal funds in accordance with
[[Page 37980]]
Section 361 of the HHFK Act. The revised form is expected to be ready
for use for FY 2012. This rule amends 7 CFR 225.5(a)(5), 226.8(e),
235.6(i), 246.3(c)(3), and 248.3(c)(2) to reflect this requirement.
Notice and Comment
In accordance with the Secretary's Statement of Policy (36 FR
13804), it is found and determined upon good cause that it is
unnecessary to engage in the Notice and Comment provisions of 5 U.S.C.
553 normally required before the adoption of final regulations in an
FNS-sponsored program. As indicated earlier, Sections 305 and 361 of
the HHFK Act adopted as final rules in this rulemaking are
nondiscretionary. These provisions are being incorporated as
regulations using language taken verbatim from the Act. The
nondiscretionary nature of Sections 305 and 361 means that notice and
comment would serve no useful purpose in the promulgation of these
regulations.
Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
This rule has been designated a ``not significant regulatory
action.'' Accordingly, the rule will not be reviewed by the Office of
Management and Budget.
Regulatory Impact Analysis
This rule has been designated as non-significant by the Office of
Management and Budget; therefore, no Regulatory Impact Analysis is
required.
Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act at 5
U.S.C. 601-612, FNS certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
This final rule incorporates into the regulations governing the
Programs authorized under the Richard B. Russell National School Lunch
Act and the Child Nutrition Act of 1966, as amended, two statutory
provisions set forth in the Healthy, Hunger-Free Kids Act of 2010. The
HHFK Act requires State and local cooperation in USDA studies and
evaluations related to programs authorized under the NSLA and the CNA.
The HHFK Act also amends the NSLA by stipulating that Federal funds
available for Programs authorized in the NSLA and CNA must not be
subject to State budget restrictions or limitations, including hiring
freezes, work furloughs, and travel restrictions.
The provision implementing Section 305 is applicable to States, WIC
and FMNP State agencies, State educational agencies, local educational
agencies, local WIC and FMNP agencies, schools, institutions,
facilities, and contractors; however, the provision simply requires
cooperation with studies and evaluations and will not have a
significant economic impact on affected parties. The provision
implementing Section 361 are applicable to all State agencies, and, in
the case of the WIC Program and the FMNP, local agencies that
administer the Programs authorized under the NSLA or the CNA and will
not have a significant economic impact on a substantial number of small
entities.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under Section 202 of the UMRA, FNS
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, or tribal governments in
the aggregate, or to the private sector, of $100 million or more in any
one year. When such a statement is needed for a rule, Section 205 of
the UMRA generally requires FNS to identify and consider a reasonable
number of regulatory alternatives and adopt the least costly, more
cost-effective or least burdensome alternative that achieves the
objectives of the rule.
This final rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local or tribal
governments or the private sector of $100 million or more in any one
year. Thus, the rule is not subject to the requirements of Sections 202
and 205 of the UMRA.
Executive Order 12372
The nutrition assistance programs affected by this rulemaking are
listed in the Catalog of Federal Domestic Assistance as follows:
WIC No. 10.557
FMNP No. 10.572
NSLP No. 10.555
SBP No. 10.553
SAE No. 10.560
SMP No. 10.556
CACFP No. 10.558
SFSP No. 10.559
For the reasons set forth in the final rule at 7 CFR part 3015,
Subpart V and related Notice (48 FR 29115, June 24, 1983), these
programs are included in the scope of Executive Order 12372 that
requires intergovernmental consultation with State and local officials.
Federalism Summary Impact Statement
Executive Order 13132 requires Federal agencies to consider the
impact of their regulatory actions on State and local governments.
Where such actions have federalism implications, agencies are directed
to provide a statement for inclusion in the preamble to the regulations
describing the agency's considerations in terms of the three categories
called for under Section 6(b)(2)(B) of Executive Order 13132. FNS has
considered the impact of this rule on State and local governments and
has determined that this rule does not have federalism implications.
Therefore, under Section 6(b) of the Executive Order, a federalism
summary impact statement is not required.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is intended to have preemptive effect with
respect to any State or local laws, regulations or policies which
conflict with its provisions or which would otherwise impede its full
implementation. This rule is not intended to have retroactive effect
unless specified in the DATES section of the final rule. Prior to any
judicial challenge to the provisions of this rule or the application of
its provisions, all applicable administrative procedures must be
exhausted.
Civil Rights Impact Analysis
FNS has reviewed this rule in accordance with Departmental
Regulations 4300-4, ``Civil Rights Impact Analysis,'' and 1512-1,
``Regulatory Decision Making Requirements.'' After a careful review of
the rule's intent and provisions, FNS has determined that this rule is
not intended to limit or reduce in any way the ability of protected
classes of individuals to receive benefits on the basis of their race,
color, national origin, sex, age or disability, nor is it intended to
have a differential impact on minority-owned or operated business
[[Page 37981]]
establishments, and woman-owned or operated business establishments
that participate in the Programs affected by this rulemaking.
Federal WIC regulations specifically prohibit State agencies that
administer the WIC Program, and their cooperators, from engaging in
actions that discriminate against any individual in any of the
protected classes (see 7 CFR 246.8 for the nondiscrimination policy in
the WIC Program; 7 CFR 248.7 for the nondiscrimination policy in the
FMNP).
In the NSLP, the regulation in 7 CFR 210.23(b) seeks to ensure non-
discrimination in the operation of the school meals programs by
prohibiting the denial of meal benefits to any child because of race,
color, national origin, age, sex, or disability. It also requires State
agencies and school food authorities to comply with the requirements
of: Title VI of the Civil Rights Act of 1964; title IX of the Education
Amendments of 1972; section 504 of the Rehabilitation Act of 1973; the
Age Discrimination Act of 1975; Department of Agriculture regulations
on nondiscrimination (7 CFR parts 15, 15a, and 15b); and FNS
Instruction 113-6. Other regulatory provisions (7 CFR 210.9(b)(11), 7
CFR 210.18(h)(1)(iii), 7 CFR 220.7(e)(5), 7 CFR 220.7(e)(15), and 7 CFR
220.13(f)(4)) also require nondiscrimination in the operation of the
lunch and breakfast programs or refer to the Department's
nondiscrimination regulations (7 CFR part 15b).
In the Special Milk Program, 7 CFR 215.13a(d)(5) requires program
operators to have a free milk policy statement that includes an
assurance that there will be no discrimination against free milk
recipients and no discrimination against any child on the basis of
race, color, or national origin. In addition, 7 CFR 215.14 requires
that the school food authority's agreement with the State agency
contain the assurances required by Department's regulations on
nondiscrimination (7 CFR part 15b). Other regulatory provisions (7 CFR
215.7(d)(3), 215.11(b)(2)) also require nondiscrimination in the
operation of the milk program or refer to the Department's
nondiscrimination regulations (7 CFR part 15b).
In the SFSP, the regulations at 7 CFR 225.7(g)(1) require
institutions to agree to operate the Program in compliance with
applicable Federal civil rights laws, including title VI of the Civil
Rights Act of 1964, title IX of the Education Amendments of 1972,
section 504 of the Rehabilitation Act of 1973; the Age Discrimination
Act of 1975, and the Department's regulations concerning
nondiscrimination (7 CFR parts 15, 15a and 15b). At 7 CFR
225.6(c)(4)(i), each sponsor applying to participate in the SFSP must
submit a statement of nondiscrimination in its policy for serving meals
to children.
In the CACFP, the regulations at 7 CFR 226.6(b)(4)(iv) require that
sponsors comply with all requirements of title VI of the Civil Rights
Act of 1964, title IX of the Education Amendments of 1972, section 504
of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975,
and the Department's regulations concerning nondiscrimination (7 CFR
parts 15, 15a and 15b).
The provisions in this rule have no direct impact upon or
involvement with Program participants.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
E.O. 13175 requires Federal agencies to consult and coordinate with
tribes on a government-to-government basis on policies that have tribal
implications, including regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes. In early 2011, USDA engaged in a series
of consultative sessions to obtain input by Tribal officials or their
designees concerning the impact of this rule on the tribe or Indian
Tribal governments, or whether this rule may preempt Tribal law.
Reports from these consultations will be made part of the USDA annual
reporting on Tribal Consultation and Collaboration. USDA will respond
in a timely and meaningful manner to all Tribal government requests for
consultation concerning this rule and will provide additional venues,
such as Webinars and teleconferences, to periodically host
collaborative conversations with Tribal officials or their designees
concerning ways to improve this rule in Indian country.
We are not aware of any current Tribal laws that could be in
conflict with this final rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR
part 1320), requires that the Office of Management and Budget (OMB)
approve all collections of information by a Federal agency from the
public before they can be implemented. Respondents are not required to
respond to any collection of information unless it displays a current,
valid OMB control number. This final rule has no new information
collection requirements. The information collection burdens associated
with the signing of Federal-State agreements in this final rule have
been previously approved under OMB No. 0584-0332, Form FNS-339,
Federal-State Supplemental Nutrition Programs Agreement, and OMB No.
0584-0006, 0584-0005, 0584-0012, 0584-0280, 0584-0055, 0584-0067, Form
FNS-74. The information collection burdens associated with
participating in a study or an evaluation will be covered under
separate Information Collection Packages that are specific to a
particular study or evaluation that will be submitted to OMB for
approval.
E-Government Act Compliance
FNS is committed to complying with the E-Government Act to promote
the use of the Internet and other information technologies to provide
increased opportunities to provide for citizen access to government
information and services, and for other purposes. Also, State agencies
may provide Program information, as well as their financial reports, to
FNS electronically.
List of Subjects
7 CFR Part 210
Grant programs--education, Grant programs--health, Infants and
children, Nutrition, Penalties, Reporting and recordkeeping
requirements, School breakfast and lunch programs, Surplus agricultural
commodities.
7 CFR Part 215
Food assistance programs, Grant programs--education, Grant
programs--health, Infants and children, Milk, Reporting and
recordkeeping requirements.
7 CFR Part 220
Grant programs--education, Grant programs--health, Infants and
children, Nutrition, Reporting and recordkeeping requirements, School
breakfast and lunch programs.
7 CFR Part 225
Food assistance programs, Grant programs health, Infants and
children, Labeling, Reporting.
7 CFR Part 226
Accounting, Aged, Day care, Food assistance programs, Grant
programs, Grant programs--health, American Indians, Individuals with
disabilities, Infants and children, Intergovernmental relations, Loan
programs, Reporting and
[[Page 37982]]
recordkeeping requirements, Surplus agricultural commodities.
7 CFR Part 235
Administrative practice and procedure, Food assistance programs,
Grant programs--education, Grant programs--health, Infants and
children, Reporting and recordkeeping requirements, School breakfast
and lunch programs.
7 CFR Part 246
Food assistance programs, Food donations, Grant programs--Social
programs, Indians, Nutrition education, Public assistance programs,
WIC.
7 CFR Part 248
Food assistance programs, Food donations, Grant programs--Social
programs, Indians, Infants and children, Maternal and child health,
Nutrition education, Public assistance programs, WIC, Women.
Accordingly, 7 CFR parts 210, 215, 220, 225, 226, 235, 246 and 248
are amended as follows:
PART 210--NATIONAL SCHOOL LUNCH PROGRAM
0
1. The authority citation for 7 CFR Part 210 continues to read as
follows:
Authority: 42 U.S.C. 1751-1760, 1779.
0
2. Section 210.23 is amended to add a new paragraph (e) as follows:
Sec. 210.23 Other responsibilities.
* * * * *
(e) Program evaluations. States, State agencies, local educational
agencies, school food authorities, schools and contractors must
cooperate in studies and evaluations conducted by or on behalf of the
Department, related to programs authorized under the Richard B. Russell
National School Lunch Act and the Child Nutrition Act of 1966.
PART 215--SPECIAL MILK PROGRAM FOR CHILDREN
0
3. The authority citation for 7 CFR Part 215 continues to read as
follows:
Authority: 42 U.S.C. 1772 and 1779.
0
4. Section 215.7 is amended by adding a new paragraph (f) to read as
follows:
Sec. 215.7 Requirements for participation.
* * * * *
(f) Program evaluations. Local educational agencies, school food
authorities, schools, child care institutions and contractors must
cooperate in studies and evaluations conducted by or on behalf of the
Department, related to programs authorized under the Richard B. Russell
National School Lunch Act and the Child Nutrition Act of 1966.
0
5. Section 215.11 is amended by adding a new paragraph (f) to read as
follows:
Sec. 215.11 Special responsibilities of State agencies.
* * * * *
(f) Program evaluations. States, State agencies, and contractors
must cooperate in studies and evaluations conducted by or on behalf of
the Department, related to programs authorized under the Richard B.
Russell National School Lunch Act and the Child Nutrition Act of 1966.
PART 220--SCHOOL BREAKFAST PROGRAM
0
6. The authority citation for 7 CFR Part 220 continues to read as
follows:
Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.
0
7. Section 220.7 is amended by adding a new paragraph (g) to read as
follows:
Sec. 220.7 Requirements for participation.
* * * * *
(g) Program evaluations. Local educational agencies, school food
authorities, schools, and contractors must cooperate in studies and
evaluations conducted by or on behalf of the Department, related to
programs authorized under the Richard B. Russell National School Lunch
Act and the Child Nutrition Act of 1966.
0
8. Section 220.13 is amended by adding a new paragraph (m) to read as
follows:
Sec. 220.13 Special responsibilities of State agencies.
* * * * *
(m) Program evaluations. States, State agencies, and contractors
must cooperate in studies and evaluations conducted by or on behalf of
the Department, related to programs authorized under the Richard B.
Russell National School Lunch Act and the Child Nutrition Act of 1966.
PART 225--SUMMER FOOD SERVICE PROGRAM
0
9. The authority citation for 7 CFR Part 225 continues to read as
follows:
Authority: Secs. 9, 13 and 14, Richard B. Russell National
School Lunch Act, as amended (42 U.S.C. 1758, 1761 and 1762a).
0
10. Section 225.5 is amended by adding a new paragraph (a)(5) to read
as follows:
Sec. 225.5 Payments to State agencies and use of Program funds.
* * * * *
(a) * * *
(5) Full use of Federal funds. States and State agencies must
support the full use of Federal funds provided to State agencies for
the administration of Child Nutrition Programs, and exclude such funds
from State budget restrictions or limitations including, hiring
freezes, work furloughs, and travel restrictions.
* * * * *
0
11. Section 225.18 is amended by adding a new paragraph (j) to read as
follows:
Sec. 225.18 Miscellaneous administrative provisions.
* * * * *
(j) Program evaluations. States, State agencies, sponsors, sites
and contractors must cooperate in studies and evaluations conducted by
or on behalf of the Department, related to programs authorized under
the Richard B. Russell National School Lunch Act and the Child
Nutrition Act of 1966, as amended.
PART 226--CHILD AND ADULT CARE FOOD PROGRAM
0
12. The authority citation for 7 CFR Part 226 continues to read as
follows:
Authority: Secs. 9, 11, 14, 16, and 17, Richard B. Russell
National School Lunch Act, as amended (42 U.S.C. 1758, 1759a, 1762a,
1765 and 1766).
0
13. Section 226.8 is amended by redesignating paragraphs (e) through
(g) as paragraphs (f) through (h), respectively; and by adding a new
paragraph (e) to read as follows:
Sec. 226.8 Audits.
* * * * *
(e) Full use of Federal funds. States and State agencies must
support the full use of Federal funds provided to State agencies under
226.4(j) of this part to support State audit activities, and exclude
such funds from State budget restrictions or limitations, including
hiring freezes, work furloughs, and travel restrictions.
* * * * *
0
14. Section 226.25 is amended by adding a new paragraph (h) to read as
follows:
Sec. 226.25 Other provisions.
* * * * *
(h) Program evaluations. States, State agencies, institutions,
facilities and contractors must cooperate in studies and evaluations
conducted by or on behalf of the Department, related to programs
authorized under the Richard
[[Page 37983]]
B. Russell National School Lunch Act and the Child Nutrition Act of
1966.
PART 235--STATE ADMINISTRATIVE EXPENSE FUNDS
0
15. The authority citation for 7 CFR Part 235 continues to read as
follows:
Authority: Secs. 7 and 10 of the Child Nutrition Act of 1966,
80 Stat. 888, 889, as amended (42 U.S.C. 1776, 1779).
0
16. Section 235.6 is amended by adding a new paragraph (i) to read as
follows:
Sec. 235.6 Use of funds.
* * * * *
(i) Full use of Federal funds. States and State agencies must
support the full use of Federal funds provided to State agencies for
the administration of Child Nutrition Programs, and exclude such funds
from State budget restrictions or limitations including hiring freezes,
work furloughs, and travel restrictions.
PART 246--SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS
AND CHILDREN
0
17. The authority citation for part 246 continues to read as follows:
Authority: 42 U.S.C. 1786.
0
18. Section 246.3 is amended to add a new paragraph (c)(3), as follows:
Sec. 246.3 Administration.
* * * * *
(c) * * *
(3) The written agreement must include a statement that supports
full use of Federal funds provided to State agencies for the
administration of the WIC Program, and excludes such funds from State
budget restrictions or limitations including hiring freezes, work
furloughs, and travel restrictions.
* * * * *
0
19. Section 246.26 is amended by adding a new paragraph (k) to read as
follows:
Sec. 246.26 Other provisions.
* * * * *
(k) Program evaluations. State and local WIC agencies and
contractors must cooperate in studies and evaluations conducted by or
on behalf of the Department, related to programs authorized under the
Richard B. Russell National School Lunch Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1786).
PART 248--WIC FARMERS' MARKET NUTRITION PROGRAM (FMNP)
0
20. The authority citation for part 248 continues to read as follows:
Authority: 42 U.S.C. 1786.
0
21. Section 248.3 is amended by redesignating paragraph (c)
introductory text as paragraph (c)(1) and adding a new paragraph (c)(2)
to read as follows:
Sec. 248.3 Administration.
* * * * *
(c) * * *
(2) The written agreement must include a statement that supports
full use of Federal funds provided to State agencies for the
administration of the FMNP, and excludes such funds from State budget
restrictions or limitations, including hiring freezes, work furloughs,
and travel restrictions.
* * * * *
0
22. Section 248.24 is amended by adding a new paragraph (d) to read as
follows:
Sec. 248.24 Other provisions.
* * * * *
(d) Program evaluations. State and local FMNP agencies and
contractors must cooperate in studies and evaluations conducted by or
on behalf of the Department, related to programs authorized under the
Richard B. Russell National School Lunch Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1786).
Dated: June 23, 2011.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2011-16282 Filed 6-28-11; 8:45 am]
BILLING CODE 3410-30-P
