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

EO Guidance Document #
FNS Document #
FMNP Final Policy Memorandum #2011-01
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PDF Icon Policy Memo (60.79 KB)
DATE: February 18, 2011
MEMO CODE: FMNP Final Policy Memorandum #2011-01
SUBJECT: Child Nutrition and WIC Reauthorization 2010: Section 361 Full Use of Federal Funds
TO: Regional Directors
FMNP State Agency Directors
Supplemental Food 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 WIC Farmers’ Market Nutrition Program (FMNP).

Section 361 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 FMNP 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 (form FNS-339 for the FMNP) include a provision that supports full use of federal funds and excludes such funds from state budget restrictions. Section 361 became effective on Oct. 1, 2010. As a result, all federal/state agreements between the Food and Nutrition Service (FNS) and FMNP state agencies must be amended for fiscal year (FY) 2011 to reflect the addition.

FNS has begun the process of revising the FNS-339 to include the necessary statement. We hope to have the revised FNS-339 available for FY 2012. In the meantime, each FMNP state agency 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.

Supplemental Food Programs Division


Page updated: March 03, 2023

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.