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Child Nutrition and WIC Reauthorization 2010: Section 361, Full Use of Federal Funds

EO Guidance Document #
FNS Document #
SP20 CACFP10 SFSP07-2011
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon Policy Memo (66.80 KB)
DATE:February 18, 2011
SUBJECT:Child Nutrition and WIC Reauthorization 2010: Section 361, Full Use of Federal Funds
TO:Regional Directors
Special Nutrition Programs
All Regions
State Directors
Child Nutrition Programs
All Regions

The Healthy, Hunger-Free Kids Act of 2010 (the Act), PL 111-296, was enacted by the President on Dec. 13, 2010. The purpose of this memorandum is to provide guidance on the implementation of Section 361 of the Act, Full Use of Federal Funds, in the Child Nutrition Programs (CNP).

Section 361 of the Act amends Section 12(b) of the Richard B. Russell National School Lunch Act (NSLA), 42 USC 1760(b), by providing expectations for the use of federal funds supporting the administration of programs authorized under the NSLA or the Child Nutrition Act of 1966. Specifically, federal funds provided to state agencies for the administration of the CNP must not be subject to state budget restrictions or limitations including hiring freezes, work furloughs, and travel restrictions.

As amended by the Act, Section 12(b) of the NSLA requires that the federal/state Agreement include a provision that supports full use of Federal funds and excludes such funds from state budget restrictions. Section 361 of the Act became effective on Oct. 1, 2010. As a result, all federal/state Agreements between the Food and Nutrition Service (FNS) and CNP state agencies must be amended to reflect the addition.

Since federal/state agreements are permanent agreements for CNP, each state agency administering the CNP must sign the Addendum attached to this memorandum and return it to FNS no later than March 31, 2011.

State agencies should direct questions related to this provision to their respective FNS regional offices.

Cynthia Long
Child Nutrition Division


Page updated: January 11, 2024

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.