[Federal Register Volume 72, Number 84 (Wednesday, May 2, 2007)]
[Rules and Regulations]
[Pages 24179-24184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2173]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Rules 
and Regulations

[[Page 24179]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210, 220, 225, 226, 246, 247 and 251

[FNS-2007-0005]
RIN 0584-AD43


Data Collection Related to the Participation of Faith-Based and 
Community Organizations

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule is part of the Department's effort to fulfill 
its responsibilities under the Faith-Based and Community Initiative 
pursuant to Executive Orders 13279 and 13280. Under this rule, State 
agencies will collect and report information related to institutions 
and organizations that participate in specified Food and Nutrition 
Service (FNS) nutrition assistance programs. This information will be a 
new collection for the affected programs. It will enable FNS to 
identify the faith-based and community organizations participating in 
Federal nutrition assistance programs and determine the level of 
participation of faith-based and community organizations in the 
programs. It will not adversely impact the application or participation 
of any organization or institution currently participating in, or 
seeking to participate in, FNS nutrition assistance programs.

DATES: This rule is effective June 1, 2007.

FOR FURTHER INFORMATION CONTACT: Keith Churchill, Section Chief, Child 
and Adult Care and Summer Section, Policy and Program Development 
Branch, Child Nutrition Division, Food and Nutrition Service, USDA, 
3101 Park Center Drive, Alexandria, VA 22302, phone (703) 305-2590.

SUPPLEMENTARY INFORMATION: 

I. Background

What Was Proposed?

    On December 12, 2002, Executive Orders 13279 and 13280 were signed 
by the President. Executive Order 13279 instructs agency heads, 
including the Secretary of Agriculture, to collect data regarding the 
participation of faith-based and community organizations in social 
service programs that receive Federal financial assistance. Executive 
Order 13279 instructed agency heads, including the Secretary of 
Agriculture, to ``implement new policies that are necessary to ensure 
that their respective agencies collect data regarding the participation 
of faith-based and community organizations in social service programs 
that receive Federal financial assistance.'' Executive Order 13280 
created the center for Faith-Based and Community Initiatives in the 
Department of Agriculture. The Order charged the Center to identify and 
eliminate regulatory, contracting, and other programmatic obstacles 
that prevent the full participation of faith-based and community 
organizations in the Department's programs, thereby increasing the 
effectiveness of the Department's programs.
    To fulfill its responsibilities under Executive Orders 13279 and 
13280, the Department of Agriculture (USDA) published in the Federal 
Register (71 FR 10914) on March 3, 2006, a rule proposing to collect 
information that would enable FNS to identify the faith-based and 
community organizations participating in FNS programs, determine the 
level of participation of faith-based and community organizations in 
its programs, and ensure that FNS' programs are open to all qualified 
organizations.
    The rule proposed to require State agencies to report on a number 
of data elements for Federal fiscal years (FY) 2006 through 2009 
regarding the organizations and institutions that currently participate 
in, and that submit an application for the purpose of contracting, or 
entering into an agreement with the State agency to participate in, the 
National School Lunch Program (NSLP); School Breakfast Program (SBP); 
Summer Food Service Program (SFSP); Child and Adult Care Food Program 
(CACFP); Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC); Commodity Supplemental Food Program (CSFP); or with the 
State agency or another eligible recipient agency to participate in the 
Emergency Food Assistance Program (TEFAP). This rule also proposed to 
require TEFAP State agencies to collect information on a second tier of 
institutions and organizations that participate in TEFAP--emergency 
feeding organizations--that distribute TEFAP food at the local level.
    The proposed rule indicated that State agencies in the affected 
programs would be required to report to FNS on four or five of the 
eight data elements under consideration on or before March 1 of each 
year from 2007 through 2010 for the prior Federal fiscal year. FNS 
specifically requested comments on which of the following data elements 
should be required:
    (a) The total number of organizations that submitted an application 
to participate in the program;
    (b) The total number of applications that were approved;
    (c) The total number of organizations and institutions that sign a 
contract, or enter into an agreement to participate in the program;
    (d) The total number of organizations and institutions that 
actually participate in the program;
    (e) The name of each organization that actually participates in the 
program;
    (f) The city in which the participating organization is 
headquartered within the state;
    (g) The amount of funds provided to the participating organization, 
whether awarded, granted, contracted, or reimbursed; and
    (h) The type of participating organization, e.g. government agency, 
educational institution, for-profit organization, non-profit 
organization/secular, non-profit organization/faith-based, and 
``other.''

II. Discussion of Comments and Their Resolutions

How Many Comments Were Received?

    During the 90 day comment period, we received twenty-eight comment 
letters on the proposed rule, of which twenty were from State agencies, 
five were from food banks, and three were

[[Page 24180]]

from non-profit and professional organizations.

What Did Commenters Say About the Proposed Rule?

    The commenters generally said they are able to comply with the data 
collection. However, many commenters expressed concerns about the 
burden being placed on State agencies and food banks with regard to 
some of the data elements. Seventeen commenters requested that FNS 
provide definitions of the terms ``faith-based organization'' and 
``community organization'' to avoid inaccurate determinations. Nine 
commenters requested more time to implement the data collection 
requirements, and to delay the first Federal fiscal year for which data 
collection would be required until FY 2007, which would result in the 
first reports being due on or before March 1, 2008. Additionally, nine 
commenters questioned the purpose of the data collection and said that 
no conclusion can be made or useful data be collected. Some State 
agencies expressed concern that the data collection may result in 
having to recruit more faith-based and community organizations, saying 
that they are already overburdened with other new requirements in the 
nutrition assistance programs and that they do not have the staff 
resources to increase recruitment and training.
    Nine commenters questioned the need to collect the data, since 
there are no barriers for qualified institutions to participate in FNS 
programs. Four commenters raised concerns that the data collection may 
result in discrimination against non-faith-based organizations, because 
the data could be used to target faith-based organization for special 
treatment; one said the data collection will not address 
discrimination; and two commenters suggested that discrimination should 
be addressed individually.

Discussion of Comments on the Data Elements

    The proposed rule offered eight data elements that were under 
consideration, with the stated expectation that only four or five of 
these data elements would be included in the final rule. Based on 
comments, which tended to favor as low a reporting burden as possible, 
the following four data elements, with minor modification, were 
selected for inclusion in this final rule:
    <bullet> The name of each organization that actually participates 
in the program;
    <bullet> The city in which the participating organization is 
headquartered within the state and the name of the state;
    <bullet> The amount of funds provided to the participating 
organization, regardless of whether those funds were awarded, granted, 
contracted, or reimbursed;
    <bullet> The type of participating organization, e.g., government 
agency, educational institution, for-profit organization, non-profit 
organization/secular, non-profit organization/faith-based, and 
``other.''

Discussion of Requiring State Agencies To Document Methodology for 
Collecting Data

    Several State agencies commented that they can collect the data, 
but that the collection effort will impose additional administrative 
burdens. In an effort to lessen the impact of the data collection 
effort, we have eliminated the requirement that the State agencies 
document their data collection methodology. However, FNS will provide 
State agencies with guidance on a methodology for collecting the data.

Discussion of Comments on Data Collection for TEFAP

    We received comments from five food banks and a few State agencies 
addressing concerns that the second tier data collection would be 
burdensome for the food banks, which have limited staff resources. This 
second tier data collection was proposed for TEFAP participants only. 
We agree with the commenters; therefore, the data collection for TEFAP, 
like the other Programs, will be limited to first tier data.

Discussion of Comments on the Need for Guidance on the Level of Data 
Collection

    Almost half of the comments we received raised concerns regarding 
the time and administrative burden for an agency to collect data on the 
participation of faith-based and community organizations. We believe 
many of these concerns reflected a misunderstanding that State agencies 
would be required to collect site level data. This rule requires only 
that State agencies collect data for organizations which have signed 
agreements for participation in each respective program.

Discussion of Comments on Definitions for Terms ``Faith-Based 
Organization'' and ``Community Organization''

    More than half of the comments we received requested definitions 
for the terms ``faith-based organization'' and ``community 
organization''. Recently, FNS collected data similar to that to be 
collected in accordance with this rule, on a voluntary basis, from 
State agencies administering WIC. We did not provide definitions of 
these terms. Participating agencies were identified as government 
agencies, educational institutions, for profit organizations, non-
profit organizations/secular, non-profit organizations/faith-based, or 
``other'' without apparent confusion. Since participating agencies were 
able to identify themselves to WIC State agencies collecting that data, 
FNS has determined that it is not necessary to provide the definitions 
of ``faith-based organization'' and ``community organization'' for this 
data collection.

Discussion of Comments on Deadlines

    We appreciate commenters' concerns regarding not being able to meet 
the March 1, 2007, deadline for reporting to FNS the data of 
organizations that participated in the program for Federal fiscal year 
2006. We will extend the submission date to August 31, 2007.

Discussion of Comments on Concerns That the Rule Will Have Adverse 
Results

    Some commenters said the proposed rule raised concerns of 
participation barriers that do not exist in FNS's nutrition assistance 
programs and expressed uneasiness that the rule may have adverse 
effects on the participation of eligible institutions. More than one 
third of the commenters said there are no barriers to participation for 
qualified organizations and that faith-based and community-based 
organizations are already well represented in FNS's food assistance 
programs. Other commenters expressed concerns that the data collection 
would be intrusive, would encourage the approval of unqualified faith-
based organizations to participate in the programs, and would result in 
discriminatory practices.
    As stated in the proposed rule and in the preamble of this rule, 
FNS has concluded that the data collection will not adversely impact 
the application or participation of any organization or institution 
currently participating in, or seeking to participate in, FNS nutrition 
assistance programs. Furthermore, the data collection should not result 
in the approval of unqualified faith-based organizations, or in other 
discriminatory practices that would be in violation of Federal laws and 
regulations. The purpose of this data collection is to fulfill FNS's 
responsibilities under Executive Orders 13279 and 13280.

Discussion of Comments on the Usefulness of the Data Collection

    Almost one third of the commenters doubt the usefulness and 
relevancy of

[[Page 24181]]

the data collection. As stated in the preamble of the proposed rule, 
the Department must fulfill its responsibilities under Executive Orders 
13279 and 13280. Section 3(b) of Executive Order 13279 instructs the 
Secretary to implement new policies to collect data regarding the 
participation of faith-based and community organizations in social 
service programs that receive Federal financial assistance. This rule 
permits FNS to comply with that instruction. The consequences of non-
collection would be an inability to comply fully with the executive 
orders.

III. Procedural Matters

Executive Order 12866

    This final rule has been determined to be significant and was 
reviewed by the Office of Management and Budget (OMB) under Executive 
Order 12866.

Regulatory Impact Analysis

Need for Action
    Section 3(b) of Executive Order 13279 provides the Secretary with 
authority to collect data regarding the participation of faith-based 
and community organizations in social service programs that receive 
Federal financial assistance. The consequence of non-collection would 
be an inability to determine the numbers of participating faith-based 
and community organizations and a failure to comply with Executive 
Orders 13279 and 13280.
Benefits
    This final rule would help the Department to implement Executive 
Orders 13279 and 13280. Collecting information on faith-based and 
community organizations would enable FNS to determine the level of 
participation in FNS programs by those organizations and help ensure 
that its programs are open to all eligible organizations.
Costs
    The cost implications of this final rule are minor. State agencies 
collect data for organizations that participate in the programs for 
each of Federal FYs 2006 through 2009, including those that 
participated only for part of the fiscal year. Each State agency varies 
in the number of participating organizations, so the overall additional 
time burden will differ among programs.

Regulatory Flexibility Act

    This final rule has been reviewed with regard to the requirements 
of the Regulatory Flexibility Act (5 U.S.C. 601-612). Nancy Montanez 
Johner, Under Secretary for Food, Nutrition, and Consumer Services, has 
certified that this final rule will not have a significant economic 
impact on a substantial number of small entities. The data collection 
that would be implemented would enable FNS to identify the faith-based 
and community organizations participating in FNS programs, determine 
the level of participation of faith-based and community organizations 
in its programs, ensure that FNS's nutrition assistance programs are 
open to all eligible organizations, as mandated by Executive Orders 
13279 and 13280, and evaluate the effectiveness of the Department's 
outreach efforts. While the effect of this rule would require 
organizations seeking to participate or participating in affected FNS 
programs to provide the requested information at the time of 
application and at other times, these reporting changes will not have a 
significant economic impact on those small entities.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes a requirement 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 prepares a written statement, including a cost-benefit 
analysis. This is done for proposed and final rules that have ``Federal 
mandates'' which may result in expenditures of $100 million or more in 
any one year by State, local, or tribal governments, in the aggregate, 
or by the private sector. When this statement is needed for a rule, 
section 205 of the UMRA generally requires FNS to identify and consider 
a reasonable number of regulatory alternatives. It must then adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule.
    This final rule contains no Federal mandates (under regulatory 
provisions of Title II of the UMRA) that impose costs on State, local, 
and tribal governments or the private sector of $100 million or more in 
any one year. Thus, this rule is not subject to the requirements of 
sections 202 and 205 of the UMRA.

Executive Order 12372

    National School Lunch Program; School Breakfast Program; Summer 
Food Service Program; Child and Adult Care Food Program; Special 
Supplemental Nutrition Program for Women, Infants and Children; and the 
Commodity Supplemental Food Program are listed in the Catalog of 
Federal Domestic Assistance under Nos. 10.555, 10.553, 10.559, 10.558, 
10.557, and 10.565, respectively. The Emergency Food Assistance Program 
is listed in the Catalog of Federal Domestic Assistance under Nos. 
10.568 and 10.569. For the reasons set forth in the final rule in 7 CFR 
part 3015, Subpart V and related Notice published at 48 FR 29114, June 
24, 1983, this program is included within the scope of Executive Order 
12372, which requires intergovernmental consultation with State and 
local officials.

Executive Order 13132

    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. 
This rule does not impose substantial compliance costs on State and 
local governments. Therefore, under Section 6(b) of the Executive 
Order, a federalism summary impact statement is not required.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is not 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 so specified in the Dates paragraph. 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 the Department 
Regulation 4300-4, ``Civil Rights Impact Analysis,'' to identify and 
address any major civil rights impacts the rule might have on 
minorities, women, and persons with disabilities. After a careful 
review of the rule's intent and provisions, FNS has determined that 
this final rule would not in any way limit or reduce participants' 
ability to participate in FNS's nutrition assistance programs on the 
basis of race, color, national origin,

[[Page 24182]]

sex, age, or disability. FNS found no factors that would negatively and 
disproportionately affect any group of individuals.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR 
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. The information collection contained in this rule has 
been approved under OMB No. 0584-0540.
    Burden estimates for the proposed rule, Data Collection Related to 
Institutions and Organizations, were published in the Federal Register 
on March 3, 2006, at 71 FR 10914. In accordance with the Paperwork 
Reduction Act of 1995, the information reporting and recordkeeping 
requirements included in the proposed rule outlined the changes in the 
information collection burden. OMB accepted public comments on FNS's 
estimated reporting and recordkeeping burden. Commenters indicated that 
the proposed reporting and recordkeeping requirements are too 
burdensome and the proposed estimated annual reporting and 
recordkeeping burden hours under the Paperwork Reduction Act of 1995 
were too low. As a result of public comment, FNS reviewed and adjusted 
the burden estimates to reflect (1) the elimination of one proposed 
provision which would have required State agencies to document their 
methodology; (2) the actual data elements required by this final rule; 
and (3) the elimination of second tier data collection for TEFAP. The 
estimated burden hours for the School Breakfast Program were also 
reduced since in most instances school food authorities that 
participate in the School Breakfast Program also participate in the 
National School Lunch Program. And since data is being collected for 
both programs, three of the four data elements being collected will be 
the same. These include the name, location, and type of organization. 
Only the amount of funds provided for the Program will have to be 
determined separately. We have taken these different circumstances into 
consideration in our submission for clearance by OMB under a single 
docket number. The burden associated with OMB No. 0584-0540, Data 
Collection Related to Institutions and Organizations, is cleared as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                      Number
                    Programs                         Number of     responses per     Hours per     Annual burden
                                                    respondents     respondent       response          hours
----------------------------------------------------------------------------------------------------------------
National School Lunch Program:
    Sec.   210.23(d)(1).........................              57             364            2          41,496
    Sec.   210.23(d)(2).........................              57               1            0.5            29
School Breakfast Program:
    Sec.   220.13(1)(1).........................              57             290            1          16,530
    Sec.   210.23(1)(2).........................              57               1            0.25           14.25
Summer Food Service Program:
    Sec.   225.18(i)(1).........................              53              71            2           7,526
    Sec.   210.18(i)(2).........................              53               1            0.5            27
Child and Adult Care Food Program:
    Sec.   210.26(g)(1).........................              55             386            2          42,460
    Sec.   210.26(g)(2).........................              55               1            0.5            28
Special Supplemental Nutrition Program for
 Women, Infants and Children:
    Sec.   246.26(h)(1).........................              53              35            2           3,710
    Sec.   246.26(h)(2).........................              53               1            0.5            27
Commodity Supplemental Food Program:
    Sec.   247.29(d)(1).........................              35               4            2             280
    Sec.   247.29(d)(2).........................              35               1            0.5            18
The Emergency Food Assistance Program:
    Sec.   251.10(i)(1).........................              56              29            2           3,248
    Sec.   251.10(i)(2).........................              56               1            0.5            28
----------------------------------------------------------------------------------------------------------------

    Total No. of Respondents: 166.
    Total Annual Responses: 66,256.
    Total Annual Burden: 115,421.25.

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 for citizen access to Government information 
and services, and for other purposes. FNS will request that State 
agencies respond to the data collection electronically, using an 
electronic report template which FNS will provide.

List of Subjects

7 CFR Part 210

    Children, Food assistance programs, Grant programs-social programs, 
Nutrition, Reporting and recordkeeping requirements, National School 
Lunch Program.

7 CFR Part 220

    Children, Food assistance programs, Grant programs-social programs, 
Nutrition, Reporting and recordkeeping requirements, School Breakfast 
Program.

7 CFR Part 225

    Food assistance programs, Grant programs--health, Infants and 
children, Labeling, Reporting and recordkeeping requirements.

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 recordkeeping requirements, Surplus 
agricultural commodities.

7 CFR Part 246

    Food assistance programs, Food donations, Grant programs-social 
programs, American Indians, Infants and children, Maternal and child 
health,

[[Page 24183]]

Nutrition, Nutrition education, Public assistance programs, WIC, Women.

7 CFR Part 247

    Agricultural commodities, Food assistance programs, Infants and 
children, Maternal and child health, Public assistance programs, 
nutrition, women, aged.

7 CFR Part 251

    Aged, Agricultural commodities, Business and industry, Food 
assistance programs, Food donations, Grant programs-social programs, 
American Indians, Infants and children, Commodity loan programs, 
Reporting and recordkeeping requirements, School breakfast and lunch 
programs, Surplus agricultural commodities.

0
Accordingly, 7 CFR Parts 210, 220, 225, 226, 246, 247 and 251 are 
amended as follows:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

0
1. The authority citation for part 210 continues to read as follows:

    Authority: 42 U.S.C. 1751-1760, 1779.


0
2. In Sec.  210.23, a new paragraph (d) is added to read as follows:


Sec.  210.23  Other responsibilities.

* * * * *
    (d) Data collection related to school food authorities. (1) Each 
State agency must collect data related to school food authorities that 
have an agreement with the State agency to participate in the program 
for each of Federal fiscal years 2006 through 2009, including those 
school food authorities that participated only for part of the fiscal 
year. Such data shall include:
    (i) The name of each school food authority;
    (ii) The city in which each participating school food authority was 
headquartered and the name of the state;
    (iii) The amount of funds provided to the participating 
organization, i.e., the amount of federal funds reimbursed to each 
participating school food authority; and
    (iv) The type of participating organization, e.g., government 
agency, educational institution, non-profit organization/secular, non-
profit organization/faith-based, and ``other.''
    (2) On or before August 31, 2007, and each subsequent year through 
2010, State agencies must report to FNS data as specified in paragraph 
(d)(1) of this section for the prior Federal fiscal year. State 
agencies must submit this data in a format designated by FNS.

PART 220--SCHOOL BREAKFAST PROGRAM

0
1. The authority citation for part 220 continues to read as follows:

    Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.


0
2. In Sec.  220.13, a new paragraph (l) is added to read as follows:


Sec.  220.13  Special responsibilities of State agencies.

* * * * *
    (l) Data collection related to school food authorities. (1) Each 
State agency must collect data related to school food authorities that 
have an agreement with the State agency to participate in the program 
for each of Federal fiscal years 2006 through 2009, including those 
school food authorities that participated only for part of the fiscal 
year. Such data shall include:
    (i) The name of each school food authority;
    (ii) The city in which each participating school food authority was 
headquartered and the name of the state;
    (iii) The amount of funds provided to the participating 
organization, i.e., the amount of federal funds reimbursed to each 
participating school food authority; and
    (iv) The type of participating organization, e.g., government 
agency, educational institution, non-profit organization/secular, non-
profit organization/faith-based, and ``other.''
    (2) On or before August 31, 2007, and each subsequent year through 
2010, State agencies must report to FNS data as specified in paragraph 
(l)(1) of this section for the prior Federal fiscal year. State 
agencies must submit this data in a format designated by FNS.

PART 225--SUMMER FOOD SERVICE PROGRAM

0
1. The authority citation for part 225 is revised 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
2. In Sec.  225.18, a new paragraph (i) is added to read as follows:


Sec.  225.18  Miscellaneous administrative provisions.

* * * * *
    (i) Data collection related to sponsors. (1) Each State agency must 
collect data related to sponsors that have an agreement with the State 
agency to participate in the program for each of Federal fiscal years 
2006 through 2009, including those sponsors that participated only for 
part of the fiscal year. Such data shall include:
    (i) The name of each sponsor;
    (ii) The city in which each participating sponsor was headquartered 
and the name of the state;
    (iii) The amount of funds provided to the participating 
organization, i.e., the sum of the amount of federal funds reimbursed 
for operating and administrative cost; and
    (iv) The type of participating organization, e.g., government 
agency, educational institution, non-profit organization/secular, non-
profit organization/faith-based, and ``other.''
    (2) On or before August 31, 2007, and each subsequent year through 
2010, State agencies must report to FNS data as specified in paragraph 
(i)(1) of this section for the prior Federal fiscal year. State 
agencies must submit this data in a format designated by FNS.

PART 226--CHILD AND ADULT CARE FOOD PROGRAM

0
1. The authority citation for 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
2. In Sec.  226.25, a new paragraph (g) is added to read as follows:


Sec.  226.25  Other provisions.

* * * * *
    (g) Data collection related to organizations. (1) Each State agency 
must collect data related to institutions that have an agreement with 
the State agency to participate in the program for each of Federal 
fiscal years 2006 through 2009, including those institutions that 
participated only for part of the fiscal year. Such data shall include:
    (i) The name of each institution;
    (ii) The city in which each participating institution was 
headquartered and the name of the state;
    (iii) The amount of funds provided to the participating 
organization, i.e., the sum of the amount of federal funds reimbursed 
for operating and, where applicable, administrative costs; and
    (iv) The type of participating organization, e.g., government 
agency, educational institution, for-profit organization, non-profit 
organization/secular, non-profit organization/faith-based, and 
``other.''
    (2) On or before August 31, 2007, and each subsequent year through 
2010, State agencies must report to FNS data as specified in paragraph 
(g)(1) of this section for the prior Federal fiscal year. State 
agencies must submit this data in a format designated by FNS.

[[Page 24184]]

PART 246--SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS 
AND CHILDREN

0
1. The authority citation for part 246 continues to read as follows:

    Authority: 42 U.S.C. 1786.


0
2. In Sec.  246.26, a new paragraph (j) is added to read as follows:


Sec.  246.26  Other provisions.

* * * * *
    (j) Data collection related to local agencies. (1) Each State 
agency must collect data related to local agencies that have an 
agreement with the State agency to participate in the program for each 
of Federal fiscal years 2006 through 2009, including those local 
agencies that participated only for part of the fiscal year. Such data 
shall include:
    (i) The name of each local agency;
    (ii) The city in which each local agency was headquartered and the 
name of the state;
    (iii) The amount of funds provided to the participating 
organization, i.e., the amount of federal funds provided for nutrition 
services and administration to each participating local agency; and
    (iv) The type of participating organization, e.g., government 
agency, educational institution, non-profit organization/secular, non-
profit organization/faith-based, and ``other.''
    (2) On or before August 31, 2007, and each subsequent year through 
2010, State agencies must report to FNS data as specified in paragraph 
(j)(1) of this section for the prior Federal fiscal year. State 
agencies must submit this data in a format designated by FNS.

PART 247--COMMODITY SUPPLEMENTAL FOOD PROGRAM

0
1. The authority citation for part 247 continues to read as follows:

    Authority: Sec. 5, Pub. L. 93-86, 87 Stat. 249, as added by Sec. 
1304(b)(2), Pub. L. 95-113, 91 Stat. 980 (7 U.S.C. 612c note); sec. 
1335, Pub. L. 97-98, 95 Stat. 1293 (7 U.S.C. 612c note); sec. 209, 
Pub. L. 98-8, 97 Stat. 35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 
98-92, 97 Stat. 611 (7 U.S.C. 612c note); sec. 1562, Pub. L. 99-198, 
99 Stat. 1590 (7 U.S.C. 612c note); sec. 101(k), Pub. L. 100-202; 
sec. 1771(a), Pub. L. 101-624, 101 Stat. 3806 (7 U.S.C. 612c note); 
sec. 402(a), Pub. L. 104-127, 110 Stat. 1028 (7 U.S.C. 612c note); 
Pub. L. 107-171.


0
2. In Sec.  247.29, a new paragraph (d) is added to read as follows:


Sec.  247.29  Reports and recordkeeping.

* * * * *
    (d) What data must the State agency collect related to local 
agencies? (1) Each State agency must collect data related to local 
agencies that have an agreement with the State agency to participate in 
the program for each of Federal fiscal years 2006 through 2009; 
including those local agencies that participated only for part of the 
fiscal year. Such data shall include:
    (i) The name of each local agency;
    (ii) The city in which each participating local agency was 
headquartered and the name of the state;
    (iii) The amount of funds provided to the participating 
organization, i.e., the amount of federal administrative funds provided 
to each participating local agency; and
    (iv) The type of participating organization, e.g., government 
agency, educational institution, non-profit organization/secular, non-
profit organization/faith-based, and ``other.''
    (2) On or before August 31, 2007, and each subsequent year through 
2010, State agencies must report to FNS data as specified in paragraph 
(d)(1) of this section for the prior Federal fiscal year. State 
agencies must submit this data in a format designated by FNS.

PART 251--THE EMERGENCY FOOD ASSISTANCE PROGRAM

0
1. The authority citation for part 251 continues to read as follows:

    Authority: 7 U.S.C. 7501-7516.


0
2. In Sec.  251.10, a new paragraph (i) is added to read as follows:


Sec.  251.10  Miscellaneous provisions.

* * * * *
    (i) Data collection related to eligible recipient agencies. (1) 
Each State agency must collect data related to eligible recipient 
agencies that have an agreement with the State agency to participate in 
the program for each of Federal fiscal years 2006 through 2009, 
including those eligible recipient agencies that participated only for 
part of the fiscal year. Such data shall include:
    (i) The name of each eligible recipient agency;
    (ii) The city in which each participating eligible recipient agency 
was headquartered and the name of the state;
    (iii) The amount of funds provided to the participating 
organization, i.e., the sum of the amount of federal administrative 
funds plus the value of the commodities purchased under Section 214 of 
the Emergency Food Assistance Act of 1983 provided to each 
participating eligible recipient agency; and
    (iv) The type of participating organization, e.g., government 
agency, educational institution, non-profit organization/secular, non-
profit organization/faith-based, and ``other.''
    (2) On or before August 31, 2007, and each subsequent year through 
2010, State agencies must report to FNS data as specified in paragraph 
(i)(1) of this section for the prior Federal fiscal year. State 
agencies must submit this data in a format designated by FNS.

    Dated: April 23, 2007.
Nancy Montanez Johner,
Under Secretary, Food, Nutrition, and Consumer Services.
[FR Doc. 07-2173 Filed 5-1-07; 8:45 am]
BILLING CODE 3410-30-P