This final rule incorporates into the regulations governing the
Programs authorized under the Richard B. Russell National School Lunch
Act (NSLA) and the Child Nutrition Act of 1966 (CNA) two
nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010
(HHFK Act). The HHFK Act requires State and local cooperation in
Department of Agriculture studies and evaluations related to Programs
authorized under the NSLA and the CNA. The HHFK Act also amends the NSLA
to stipulate that Federal funds must not be subject to State budget
restrictions or limitations, including hiring freezes, work furloughs,
and travel restrictions. This final rule amends regulations for the
National School Lunch Program; the Special Milk Program for Children;
the School Breakfast Program; the Summer Food Service Program; the Child
and Adult Care Food Program; State Administrative Expense Funds ; the
Special Supplemental Nutrition Program for Women, Infants and Children;
and the WIC Farmers’ Market Nutrition Program. These provisions will
strengthen program integrity by ensuring that sufficient data is made
available for studies and evaluations. Additionally, exempting Federal
funds from State budgetary restrictions or limitations is intended to
increase the ability of State agencies to administer USDA’s nutrition
assistance programs effectively.
Effective Date: This rulemaking becomes effective on July 29, 2011.