The U.S. Department of Agriculture's Food and Nutrition Administration (FNA) recently published a notice in the Federal Register proposing to extend, without change, a critical information collection activity related to the Child and Adult Care Food Program (CACFP) National Disqualified List. This announcement, issued on June 16, 2026, initiates a public comment period, inviting input on the continued operation of a system designed to safeguard the integrity of a vital federal nutrition program serving millions of children and adults.
Safeguarding Federal Nutrition Programs
The Child and Adult Care Food Program is a federal initiative that provides aid for nutritious meals and snacks to children and adults in day care facilities, afterschool programs, and emergency shelters. Given the significant federal investment and the vulnerable populations it serves, ensuring program integrity is paramount. The National Disqualified List serves as a crucial line of defense, preventing entities or individuals with a history of non-compliance or malfeasance from re-entering the program and potentially misusing federal funds.
The current action by the FNA is a procedural step under the Paperwork Reduction Act of 1995. This act requires federal agencies to seek public comment when proposing new information collections or extensions of existing ones. The intent is to ensure that federal agencies collect information in an efficient, effective, and minimally burdensome manner.
Legal Foundations of the Disqualified List
The requirement to maintain a national disqualified list for CACFP participants is rooted in federal law. The Child Nutrition Act of 1966, as amended (42 U.S.C. 1771, et seq.), provides the overarching authority for such programs. More specifically, Section 243(c) of Public Law 106-224, the Agricultural Risk Protection Act of 2000, amended section 17(d)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766 (d)(5)(E)(i) and (ii)). This amendment explicitly mandated the Department of Agriculture to maintain a list of institutions, day care home providers, and individuals terminated or otherwise disqualified from CACFP participation.
Furthermore, the law requires this list to be made accessible to State agencies, enabling them to review applications for program participation. It also mandates that sponsoring organizations use the list to ensure they do not employ individuals disqualified from the program as principals. This statutory mandate is codified within Program regulations at 7 CFR 226.6(c)(7).
Operational Details and Burden Estimates
The information collection process utilizes Forms FNS-843, titled "Report of Disqualification from Participation--Institutions and Responsible Principals/Individuals," and FNS-844, titled "Report of Disqualification from Participation--Individually Disqualified Responsible Principal/Individual or Day Care Home Provider." These forms are submitted by State Agencies through a web-based system designed to update and maintain the National Disqualified List. The system ensures that no State agency or sponsoring organization approves any entity appearing on this list, thereby reinforcing program integrity.
The FNA's notice provides specific burden estimates for this information collection. It anticipates 56 State Agencies will serve as respondents, generating an estimated 1,568 total annual responses. The estimated time per response is 0.50 hours, leading to a total estimated annual burden of 784 hours. Importantly, the notice clarifies that the recordkeeping burden associated with maintaining documentation at the State agency level for terminated institutions and providers is captured under a separate OMB control number (0584-0055) and is not part of this specific collection.
Public Opportunity for Input
The public and other agencies have until August 17, 2026, to submit comments on this proposed extension. The FNA invites feedback on several key aspects, including:
- Whether the proposed collection is necessary for the agency's functions and has practical utility.
- The accuracy of the agency's burden estimates, including the validity of its methodology and assumptions.
- Ways to enhance the quality, utility, and clarity of the information collected.
- Methods to minimize the burden on respondents, potentially through automated or electronic techniques.
Comments can be submitted directly to Jessica Saracino, Director, Program Monitoring and Operational Support Branch, Child Nutrition Division, or through the Federal eRulemaking Portal at www.regulations.gov. All comments received will be summarized and included in the request for Office of Management and Budget approval, becoming part of the public record.
