|DATE:||February 18, 2011|
|POLICY MEMO:||SP20 CACFP10 SFSP07-2011|
|SUBJECT:||Child Nutrition and WIC Reauthorization 2010: Section 361, Full Use of Federal Funds|
Special Nutrition Programs
Child Nutrition Programs
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.
Child Nutrition Division