STATE DEPARTMENT OF SOCIAL
AND REHABILITATION SERVICES                                                     June 23, 2008
Integrated Services Delivery
Docking State Office Building
Topeka, Kansas 66612

OVERVIEW OF CHANGES

A brief overview of the major changes are described below. Other clarifications and technical corrections are also included and described in the next section.

The Emergency Food Assistance Program (TEFAP)

This revises the Kansas Commodity Distribution Manual (KCDM) to incorporate the new Federal Fiscal Year 2008 poverty income guidelines for TEFAP,  procedural updates, correction to the percent of federal funds to be set aside for payments, and private vehicle mileage reimbursement rate increase.  Changes were also made to comply with a United States Department of Agriculture (USDA) Management Evaluation. These include Section 5000 Claims and Losses, and Civil rights, auditing, and other wording changes made to Exhibit B and Exhibit C.

DESCRIPTION, PURPOSE, AND DETAILS OF POLICY CHANGE

1. ANNUAL INCREASE IN THE INCOME ELIGIBILITY GUIDELINES, PROCEDURAL UPDATES, CLAIMS, PERCENT OF FEDERAL FUNDS, PRIVATE VEHICLE REIMBURSEMENT RATE, CIVIL RIGHTS, AND AUDIT REQUIREMENTS
   
   
   1. CHANGES
      
      
      1. The maximum income eligibility guidelines are set at 130% of the federal poverty level. Due to the annual publication of the new federal poverty levels for 2008, it is necessary to incorporate the new income eligibility standards into the Kansas Commodity Distribution Manual (KCDM). Local organizations will need to add the new income guidelines to all declaratory statement forms, local applications and any other information used to determine eligibility.
         
         Section 2303, and Exhibit E, Declaratory Statement/Inventory Control, are being updated with the new monthly income standards.
         
         
      2. Section 3200 and 3400 are being updated to reflect procedural corrections, deletions, and clarifications.
         
         
      3. Section 5000 and Section 5100 (3) are being changed to reflect that USDA requires states to be accountable for food replacement as well as claim and collection action in certain situations.
         
         In addition, a statement is being added at the end of 5000 to indicate commodity loss claims may be resolved one of three ways. The organization may: 1) replace the commodities, 2) replace the commodities with similar food with SRS approval, or 3) repay SRS the full USDA value of the loss.
         
         
      4. Section 6100 is being corrected to read, “Current federal regulations mandate that states set aside at least 40% of the federal funds….” This was corrected from 20% to 40% per USDA regulations.
         
         Section 6301 is being changed to reflect an increase in the private vehicle mileage reimbursement rate from 47 cents per mile to 50.5 cents per mile.
         
         
      5. Exhibit B – The following changes are being made to this document:
         
         
         1. The previous civil rights statement in Section IV Part B is being deleted and new wording added to reflect that the participating organization agrees to compile data, maintain records, and submit reports as required to permit effective enforcement of nondiscrimination laws, regulations, policies, instructions, and guidelines as per FNS instruction 113-1.
            
            
         2. New wording is being added to Section IV Part J to reflect that the program applicant agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); all provisions required by the implementing regulations of the Department of Agriculture; Department of Justice Enforcement Guidelines, 28 CFR Part SO.3 and 42; and FNS directives and guidelines.
            
            
         3. New wording is being added to Section IV as Part L to reflect that at the end of the Federal Fiscal Year, SRS will provide each participating organization a statement showing the value of donated foods received and any administrative funding that was reimbursed to the participating organization for commodity program expenses. If the organization receives more than $500,000 in Federal financial assistance they must have an annual audit on file as required by USDA Regulation 7 CFR Part 3052. These audits and their findings will be reviewed by SRS to ensure corrective action (if any) are being completed.
            
            
         4. Exhibit B is changing from an annual to a permanent agreement.
            
            
      6. Exhibit C – The following changes are being made to this document
         
         
         1. The previous civil rights statement in Section II Part B is being deleted and new wording added to reflect that the participating organization agrees to compile data, maintain records, and submit reports as required to permit effective enforcement of nondiscrimination laws, regulations, policies, instructions, and guidelines as per FNS instruction 113-1.
            
            
         2. New wording is being added to Section II Part G to reflect that a list of reimbursable expenditures can be found in Kansas Commodity Distribution Manual Section 6000.
            
            
         3. New wording is being added to Section II Part I to reflect that at the end of the Federal Fiscal Year, SRS will provide each participating organization a statement showing the value of donated foods received and any administrative funding that was reimbursed to the participating organization for distribution expenses. Also that if the organization receives more than $500,000 in Federal financial assistance they must have an annual audit on file as required by USDA Regulation 7 CFR Part 3052. These audits and their findings will be reviewed by SRS to ensure corrective action (if any) are being completed.
            
            
         4. New wording is being added to Section II Part J to reflect that the program applicant agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); all provisions required by the implementing regulations of the Department of Agriculture; Department of Justice Enforcement Guidelines, 28 CFR Part SO.3 and 42; and FNS directives and guidelines.
            
            
   2. CLARIFICATIONS None

FORMS

1. The Emergency Food Assistance Program (TEFAP)
   
   
   1. Exhibit E, Declaratory Statement/Inventory Control – The income guidelines listed on Exhibit E are being updated accordingly.
      
      
   2. Exhibit B Agreement to Receive and Use U.S.D.A. Commodities In Prepared Meals for Needy Persons – Civil rights, auditing, and other wording changes are being made to Exhibit B to comply with a USDA Management Evaluation. In addition, Exhibit B is changing from an annual to a permanent agreement.
      
      
   3. Exhibit C Agreement to Receive and Use U.S.D.A. Commodities To Needy Persons for Home Consumption - Civil rights, auditing, and other wording changes are being made to Exhibit C to comply with a USDA Management Evaluation.

EFFECTIVE DATE All policies in this revision are effective July 1, 2008. Additional information is being included in the Implementation Memo.

EFFECT ON LOCAL STAFF

1. The Emergency Food Assistance Program (TEFAP)
   
   
   1. SRS offices will communicate the increased income standards and all other changes to participating organizations.
      
      
   2. TEFAP participating organizations will communicate the changes to their staff and to subdistributing organizations as well as update program manuals.

MATERIALS OBSOLETED BY THIS REVISION -

Forms – Exhibit I and Exhibit J are no longer used by the Regional Directors.

COORDINATION EFFORTS - None

NOTE: Since community organizations and volunteers are the primary users of this manual, the changes will continue to be available in both paper and on the web site.

Sincerely, Bobbi Mariani, Director Economic and Employment Support
BM:AM:lf

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This page last updated: June 23, 2008