FNS Documents & Resources

The Consolidated Appropriations Act 2023 authorized a permanent, nationwide Summer EBT program beginning in 2024. The Act requires FNS to promulgate interim regulations within a year of the Act’s enactment. Interim regulations are effective upon publication and FNS will accept comments on the interim rule to inform subsequent rulemakings. 

This rule amends the regulations affecting the determination of children's eligibility for free meals under the National School Lunch Program and the School Breakfast Program by direct certification and categorical eligibility. Conforming changes and miscellaneous technical changes are also made, as appropriate, for the Special Milk Program for Children, the Child and Adult Care Food Program and the Summer Food Service Program.

This is a reminder of the statutory and regulatory requirements for categorical eligibility for the Child Nutrition Programs based on receipt of benefits from each state’s Temporary Assistance to Needy Families program. The Richard B. Russell National School Lunch Act restricts categorical eligibility to those TANF programs with standards that are comparable to or more restrictive than those in effect on June 1, 1995.

This memorandum modifies the policy related to categorical eligibility for free meals or free milk for children who are members of a household receiving assistance under SNAP, the Food Distribution Program on Indian Reservations or the Temporary Assistance to Needy Families Program.