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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices
List NDLInformation on Entities Disqualified from participation in the Child and Adult Care Food Program CACFP and Summer Food Service Program SFSP.
SECURITY CLASSIFICATION:

None.
SYSTEM LOCATION:

This system of records is under the control of the Deputy Administrator, Child Nutrition Programs, FNS, USDA, 1320 Braddock Pl., Alexandria, Virginia 22314.
The data on institutions, service institutions, unaffiliated centers, day care home providers, and responsible individuals who have been disqualified from participation in the CACFP and/or SFSP will be maintained within the NDL system of records.
SYSTEM MANAGERS:

Branch Chief, Community Meals Program Monitoring Branch, Child Nutrition Programs, Food and Nutrition Service, USDA, 7033052470, 1320
Braddock Pl., Alexandria, Virginia 22314.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Section 243c of Public Law 106224, the Agricultural Risk Protection Act of 2000, which amended section 42 U.S.C.
1766d5Ei and ii of the Richard B. Russell National School Lunch Act
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PURPOSES OF THE SYSTEM:

The purpose of modifying the system of records is to continue to promote integrity in the CACFP and SFSP
Programs by providing Programadministering States and CACFP
sponsoring organizations with the names of institutions, service institutions, responsible individuals, unaffiliated centers, and family day care home providers that have been terminated or otherwise disqualified from participating in either Program.
Once disqualified, these institutions, service institutions, responsible individuals, unaffiliated centers, and family day care home providers are prohibited from participating in either Program for seven years from the effective date of the disqualification, and until any debt under either Program is paid.
Institutions, service institutions, responsible individuals, unaffiliated centers, and family day care home providers may be removed from the NDL system of records before seven years if the Program-administering States and FNS concur that any Program violation that caused their placement on the NDL system of records has been corrected. However, no institution,
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service institution, responsible individual, unaffiliated center, or family day care home provider may be removed from the NDL system of records if they owe a debt under either Program. Program-administering States and CACFP sponsoring organizations must verify that Program applicants are not on the NDL system of records prior to approval or renewal of participation in the Program. Similarly, CACFP
sponsoring organizations must check the NDL system of records to verify that any new employee that will be paid for using Program funds or that will be working in either Program is not on the NDL before hiring.
Maintaining the NDL system of records and making it available to Program-administering States and CACFP sponsoring organizations provides them with a tool for promoting Program integrity by preventing several situations from occurring. First, it prevents institutions, service institutions, or unaffiliated centers whose Program agreements were terminated for cause in one State from reapplying for Program participation in another State. Second, it prevents responsible individuals disqualified from either Program from continuing to be involved in Program administration by forming a new corporate entity and entering the Program under a different organizational name. Third, it prevents responsible individuals associated with a disqualified institution, service institution, or unaffiliated center from re-entering the Program as a family day care home provider, or as a responsible individual with another institution, service institution, or sponsored center.
Finally, it prevents family day care home providers terminated for cause by one sponsoring organization from reentering the Program under the auspices of a different sponsoring organization.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by this system include, but not limited to, responsible individuals and principals of centers and day care home providers that have been terminated or otherwise disqualified from participation in the CACFP. The system also contains information on responsible individuals and principals of service institutions that have been terminated or otherwise disqualified from participation in the SFSP. All individuals, even if they are not users of the USDA/FNS11, who are mentioned or referenced in any documents entered into USDA/FNS11
by a user are also covered. This group may include, but is not limited to:

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Vendors, agents and other business personnel.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in the system will be modified to include the following information from unaffiliated centers and responsible individuals of unaffiliated centers that have been terminated or otherwise disqualified from participation in the CACFP, and service institutions and responsible individuals of service institutions that have been terminated or otherwise disqualified from participation in the SFSP:
Full name, previously used names;
date of birth;
state and locality in which the disqualification occurred;
addresses of businesses and individuals;
disqualification start date;
reason for disqualification;
Federal Employer Identification Number FEIN or Dun and Bradstreet Data Universal Numbering System DUNS;
disqualifying State agency;
any debt owed;
supporting documentation such as notices of proposed termination and disqualification; and, for records of institutions, service institutions, unaffiliated centers, or individuals requesting early removal, corrective action plans to correct Program violations that led to placement on the NDL system of records.
RECORD SOURCE CATEGORIES:

Information in this system of records is provided to FNS by Programadministering State agencies. The FNS
appropriate regional office will approve the information and can assist the State agency in entering or correcting the information. The FNS national office can also alter information in the system as needed.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C.
552ab of the Privacy Act, all or a portion of the records contained in this system may be disclosed outside USDA
as a routine use pursuant to 5 U.S.C.
552ab3, to the extent that such uses are compatible with the purposes for which the information was collected.
Such permitted routine uses include the following:
1 To the Department of Justice when: a USDA or any component thereof; or b any employee of USDA in his or her official capacity, or any
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