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Nationwide Waiver to Extend Area Eligibility Waivers for Summer 2022 Operations – EXTENSION 5

FNS Document #
Child Nutrition Response #107
Resource type
Policy Memos
Resource Materials
PDF Icon Policy Memo (257.36 KB)
DATE:June 30, 2022
POLICY MEMO:COVID–19: Child Nutrition Response #107
SUBJECT:Nationwide Waiver to Extend Area Eligibility Waivers for Summer 2022 Operations – EXTENSION 5
TO:Regional Directors
Special Nutrition Programs
All Regions
State Directors
Child Nutrition Programs
All States

Pursuant to the authority in Section 2202(a) of the Families First Coronavirus Response Act (the FFCRA) (PL 116-127), as amended, and based on the exceptional circumstances of the COVID-19 pandemic, the Food and Nutrition Service (FNS) is extending a nationwide waiver for area eligibility for the purposes of providing meals under the child nutrition programs and to ensure continuity of program operations. This waiver extends the Nationwide Waiver to Extend Area Eligibility Waivers – EXTENSION 4 – granted on March 9, 2021, that expired on Sept. 30, 2021. This extension applies to the Summer Food Service Program (SFSP) and FNS is extending this flexibility to the National School Lunch Program Seamless Summer Option (SSO) until Sept. 30, 2022.

Section 2202(a) of the FFCRA permits the Secretary of Agriculture to establish a waiver, due to the COVID-19 pandemic, for all states for purposes of providing meals or to ensure continuity of program operations under the child nutrition programs. FNS recognizes that state agencies and local program operators continue to need additional support and flexibility to serve meals to children in need while managing the impacts of COVID–19. SFSP and SSO operators recognize the need to modify summer feeding models to ensure the provisions of meals or continuity of program operations. This extension eases administrative burdens and provides for greater access to meals this summer.

Therefore, pursuant to the FFCRA authority cited above, FNS extends the ability for states to continue operating open sites in areas that are not located in “Areas in which poor economic conditions exist,” as defined at section 13(a)(1)(A) of the Richard B. Russell National School Lunch Act (NSLA) and as referenced at 42 USC 1761(a)(1)(A)(i) and in regulation at 7 CFR 225.2, 7 CFR 225.6(c)(2)(i)(G), 7 CFR 225.6(c)(3)(i)(B), 7 CFR 225.6(d)(1)(i), 225.14(c)(3), and 7 CFR 225.16(b)(4). This extension is effective immediately and remains in effect through Sept. 30, 2022. FNS also extends area eligibility flexibilities to SSO operations for the duration of this waiver.

Consistent with Section 2202(a)(2) of the FFCRA, this extension applies automatically to all states that elect to use it, without further application. This extension may apply to any site operating under a state area eligibility plan. If the state agency elects to implement this extension, it must notify its respective FNS regional office, which will acknowledge receipt. State agencies should inform local program operators of these flexibilities as quickly as possible, and work in partnership with local operators to provide meals to all participants in a safe and accessible manner. State agencies must continue their plan for ensuring that meal sites are targeting benefits to children in need, for example, children who may be eligible for benefits due to the economic impacts of COVID–19. State agencies should work with local program operators in developing their plans as local program operators are best situated to determine how to provide these assurances.

As required by Section 2202(d) of the FFCRA, each state that elects the area eligibility flexibilities must submit a report to the Secretary not later than one year after the date such state elected to receive the extension. The report must include a summary of the use of this extension by the state agency and local program operators.

FNS appreciates the exceptional effort of state agencies and local program operators working to meet the nutritional needs of participants. State agencies should direct questions to the appropriate FNS regional office.

J. Kevin Maskornick
Community Meals Policy Division

Page updated: December 20, 2023