Appendix S.1 - Informative Email and Technical Assistance to States in Need of a State Monitoring and Oversight Waiver

OMB Control Number: 0584-0654
Expiration Date: 01/31/2022

Appendix S.1
Technical Assistance Email
Subject Line: State Oversight Waivers and Plan

This information is being collected to assist the Food and Nutrition Service (FNS) to ensure States and eligible providers adhere to the statutory
requirements at Section 12(l) of the Richard B. Russell National School Lunch Act (NSLA) (42 U.S.C. 1760(l)) when requesting a waiver of Child
Nutrition Program (CNP) requirements, as well as assess states’ abilities to provide effective and efficient oversight of CNPs during COVID-19related operations. This collection is required to obtain a waiver approval of monitoring requirements under waiver authority at Section 12(l) of
the NSLA; FNS uses the information to evaluate whether waiver requests meet the statutory requirements established at Section 12(l) of the
NSLA, assess a State or eligible service provider’s need to waive program monitoring requirements, enhance integrity in CNPs, and monitor the
impact waiver approvals have on CNP operations. This collection does not request any personally identifiable information under the Privacy Act
of 1974. Responses will be kept private to the extent provided by law. According to the Paperwork Reduction Act of 1995, an agency may not
conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The
valid OMB control number for this information collection is 0584-0654. The estimated time required to review the technical assistance guidance
provided to States via email and confirm receipt of such email is estimated to average 30 minutes (.5 hours). Because this technical assistance
guidance encouraged States in need of a monitoring oversight waiver to include an alternative approach to oversight activities and additional
rational alongside their waiver requests, the burden associated with requests for State monitoring oversight waivers is more than waiver requests
that follow FNS’ standard waiver protocol. The estimated time required to develop and submit a waiver request of program monitoring oversight
requirements is 2.5 hours per response. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to: U.S. Department of Agriculture, Food and Nutrition Service, Office of Policy Support, 1320
Braddock Place, 5th Floor, Alexandria, VA 22314 ATTN: PRA (0584-0654). Do not return applications to waive program requirements to this
address.

Informative Email and Technical Assistance to States in Need of a State Monitoring and
Oversight Waiver during COVID-19 Operations
Subject: State Oversight Waivers and Plan
Importance: High

Good Afternoon,
While we have extended our nationwide waivers allowing offsite monitoring in Child Nutrition
Programs through next year, given the numerous flexibilities and waivers in place for CN
Programs this year, monitoring as required in our regulations may not be appropriate or fit the
needs of States and locals. Therefore, we are providing the attached document laying out the
process for State agencies to submit oversight waivers and plans to target flexibilities on local
conditions and focus State oversight efforts on high-risk circumstances. Please share the
attachment with your States and notify Jess Saracino when your States have confirmed receipt.
We have also attached a checklist of all the regulatory monitoring requirements in CN. We ask
that States please limit these particular waiver requests to just monitoring requirements.
We will be setting up a meeting next week to discuss your questions and concerns. Please look
for the meeting invite.
Below are some general guidelines:








State agencies should include all CN programs they administer in their CN Waiver
Request and Oversight Plan
States must use the process described in the memorandum, Child Nutrition Program
Waiver Request Guidance and Protocol- Revised (SP 15-2018, CACFP 12-2018, SFSP 052018), and are strongly encouraged to use the template provided with this guidance
If a State agency requests to waive monitoring requirements this year, they should
include in the rationale an alternative approach to oversight. For example, if the State
agency wants to conduct technical assistance in lieu of formal monitoring, they should
explain in the rationale how they will conduct technical assistance this year
State agencies should include ways they will identify program fraud as part of their
oversight plans
If a State agency has already submitted a monitoring waiver for this year, we ask that
they please roll that waiver request into this larger request and plan. State agencies
should note whether a waiver has already been submitted for a particular request

Attachment 1 of Email: Program Monitoring Checklist for State Agencies

Attachment 2 of Email: Fiscal Year 2021 Oversight Plans