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FNS Instruction 113-1. Civil Rights Training for TEFAP and CSFP. 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.

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fns instruction 113 1

FNS Instruction 113-1

Civil Rights Training for TEFAP and CSFP

fns instruction 113 11
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
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
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
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
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
3 New Sections in FNS113-1
  • Limited English Proficiency (LEP)
  • Equal Opportunity for Religious Organizations
  • Appendices
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

Authority specific to TEFAP and CSFP
protected classes for tefap and csfp
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
Types of Discrimination
  • Disparate Treatment
  • Disparate Impact
  • Retaliation
tefap and csfp responsibilities

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
limited english proficiency lep
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
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
Public Notification
  • Program rights and responsibilities
  • Nondiscrimination policy
  • Procedures for filing a complaint
methods of public notification
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
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
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
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 format
Race & Ethnic Categories Two Question Format


  • Hispanic or Latino
  • Not Hispanic or Latino


  • American Indian or Alaskan Native
  • Asian
  • Black or African American
  • Native Hawaiian or Other Pacific Islander
  • White
racial ethnic categories
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
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
Complaint Procedures
  • Rights and Responsibilities
  • Bureau of Civil Rights
  • ODJFS Complaint Processing System
compliance reviews resolution of non compliance
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
  • 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.