The U.S. Department of Agriculture’s Food and Nutrition Service (FNS) recently studied the impact of child support cooperation requirements in the Supplemental Nutrition Assistance Program (SNAP).

Background

When administering SNAP, states have the option to require SNAP families to cooperate with their state's child support program to receive benefits. There are currently nine states that use this option: Florida, Idaho, Kansas, Michigan, South Dakota, Arkansas, Nebraska, Mississippi, and Kentucky. FNS is releasing a report based on data from eight states to improve understanding of the impact of cooperation requirements on low-income families and the programs that serve them.

Key Findings

• The requirement did not result in increased child support payments to SNAP households, on average.
• SNAP households generally comply with the requirement even though they find it confusing.
• Sanctioned parents face financial strain and challenges getting back into compliance.
• States are not adequately implementing exemptions for domestic violence situations.
• Automated, integrated data systems are key to implementing the requirement but can require substantial upfront costs.
• Ongoing implementation adds complexity and costs for child support staff.
• While the child support requirement may lower SNAP benefit costs, increased child support enforcement costs may offset savings to the government.

Unintended Consequences - Tisha's Story

SNAP participants interviewed for this study expressed a range of views about the cooperation requirement informed by their own knowledge and lived experiences. This is one participant’s experience:

Tisha, a single parent with a disability, raises her biological daughter and two foster children. Because she lives in a state that requires SNAP participants to cooperate with child support enforcement, she had to open a child support case against her daughter’s non-custodial parent to qualify for SNAP. Tisha described feeling overwhelmed by all the information that was required, noting that the noncustodial parent had to get a DNA test and agree to share his Social Security number, which he did not want to do. Although the formal child support case was opened, Tisha believes she now receives less money from him to support her daughter as she rarely receives payments from the child support order and the process created significant animosity. This strain deterred the non-custodial parent from providing informal support. She explained that opening the child support case negatively impacted the relationship between Tisha and the noncustodial parent, as well as between the noncustodial parent and their daughter, who is no longer allowed to visit his house and see her half-siblings.

Tisha believes the cooperation requirement has caused more harm than good in her situation. She hasn’t received the financial support intended and has faced increased conflict and reduced informal assistance.

Implications

This study highlights the challenges and complexities of implementing a child support cooperation requirement in SNAP. The requirement may not lower costs for the federal government, and it doesn't seem to benefit SNAP households financially. Moreover, it can strain relationships and create hardships for families, especially those facing domestic violence.

Policy Options Memo to State Agencies

FNS recently issued a memo echoing the sentiment from these research findings and reminding state agencies about the policy options related to the child support cooperation requirement in SNAP. This memo emphasizes the importance of evaluating the impacts of the cooperation requirement on vulnerable individuals’ access to nutrition assistance, especially children. It's crucial for state agencies to carefully consider whether using this policy option will truly improve family outcomes or inadvertently create harm by reducing families’ access to vital nutrition assistance.

For more detailed information about the study, you can access the full report.

This table provides a detailed description of some of the non-citizen groups who may be eligible for SNAP. For more information visit SNAP Eligibility for Non-Citizens.

On April 25, 2024, FNS published the final rule, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans (89 FR 31962). Among other provisions, this rule finalizes regulations that strengthen the School Meal Programs’ Buy American provision.

The Buy American provision requires school food authorities to purchase, to the maximum extent practicable, domestic commodities or products. The Buy American provision applies to school food authorities located in the 48 contiguous United States. Although Alaska, Hawaii, and the U.S. territories are exempt from the Buy American provision, school food authorities in Hawaii are required to purchase food products produced in Hawaii in sufficient quantities. Likewise, school food authorities in Puerto Rico are required to purchase food products produced in Puerto Rico in sufficient quantities.

This provision supports the mission of the child nutrition programs, which is to serve children nutritious meals and support American agriculture. Program regulations that govern this provision apply to school food authorities that operate the National School Lunch and/or School Breakfast Programs and are found at 7 CFR 210.21(d) and 7 CFR 220.16(d), respectively. This memorandum provides information regarding implementation of the Buy American provisions recently codified in the final regulations.

The final rule is effective on July 1, 2024; some provisions have phased-in implementation dates. The following table compares previous requirements with the updated requirements for each provision.

Monitoring of Buy American Provisions

The Child Nutrition Program Integrity rule recently added the review of Buy American requirements to regulations that govern state agency reviews of school food authorities. As there may be school food authorities that have challenges in meeting the non-domestic food purchases cap, state agencies will review this requirement through the Administrative Review process.

The Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans final rule provides states with discretion to allow an accommodation for temporary relief from this requirement while the school food authority works to increase their domestic food purchases (see 7 CFR 210.21(d)(8)). USDA will closely monitor implementation of the cap and provide guidance as needed to state agencies that may need to use this accommodation.

Technical Assistance

USDA will continue to provide guidance and technical assistance on these provisions as they are implemented, including on the implementation of the cap and tracking the use of exceptions and non-domestic purchases. In response to requests from commenters on the final rule, USDA is providing an optional template for documenting Buy American exceptions.

This optional template will help schools organize documentation and can be used to track the costs and exceptions related to non-domestic food purchases. The template will also help school food authorities more easily calculate the cost of non-domestic purchases as a percentage of total purchases.

State agencies are reminded to distribute this information to program operators immediately. Program operators should direct any questions regarding this memorandum to the appropriate state agency. State agencies should direct questions to the appropriate FNS regional office.

Jessica Saracino
Director
Program Monitoring and Operational Support
Child Nutrition Programs

Attachment

• Buy American Exceptions Tracking Standard Form Template

Why is SFSP important to your community?

You know that children who miss school breakfast and lunch are more likely to be sick, absent or tardy, disruptive in class, and inattentive. They also score lower on achievement tests. Good nutrition is essential for learning in school. SFSP provides an opportunity to continue a child's physical and social development while providing nutritious meals during long vacation periods from school. It helps children return to school ready to learn.

How does the program operate?

The Food and Nutrition Service, an agency of the U.S. Department of Agriculture, administers SFSP at the federal level. State education agencies administer the program in most states. In some areas, the state health or social service department or an FNS regional office may be designated.

Locally, SFSP is run by approved sponsors, including school districts, local government agencies, camps, or private nonprofit organizations. Sponsors provide free meals to a group of children at a central site, such as a school or a community center. They receive payments from USDA, through their state agencies, for the meals they serve.

Where does the program operate?

States approve SFSP meal sites as open, enrolled, or camp sites.

• Open sites operate in low-income areas where at least half of the children come from families with incomes at or below 185 percent of the federal poverty level, making them eligible for free and reduced-price school meals. Meals are served free to any child at the open site.
• Enrolled sites provide free meals to children enrolled in an activity program at the site where at least half of them are eligible for free and reduced-price meals.
• Camps may also participate in SFSP. They receive payments only for the meals served to children who are eligible for free and reduced-price meals

Who can sponsor SFSP?

Units of local government, camps, schools, and private nonprofit organizations can sponsor the SFSP. If your organization already provides services to the community, and has capable staff and good management practices to run a food service, you can sponsor the SFSP.

As a sponsor, you will attend the state agency's training, locate eligible sites, hire, train and supervise staff, arrange for meals to be prepared and delivered, monitor sites and prepare claims for reimbursement.

We’re a smaller organization, what can we do?

Many organizations, particularly smaller ones, may want to consider operating a feeding site, such as a recreational or enrichment program. Many sponsors would welcome such an arrangement.

If you supervise a site, you will attend your sponsor's training, supervise activities and the meal service, keep daily records of meals served, store food appropriately, and keep the site clean and sanitary. You should contact the state agency indicating your interest as a site, or find a local sponsor and make your own arrangements.

Who is eligible to get meals?

Children 18 and younger may receive free meals and snacks through SFSP.

Meals and snacks are also available to persons with disabilities, over age 18, who participate in school programs for people who are mentally or physically disabled.

How many meals do participants receive each day?

At most sites, children receive either one or two reimbursable meals each day. Camps and sites that primarily serve migrant children may be approved to serve up to three meals to each child, each day.

How long has the SFSP been in existence?

SFSP was first created as part of a larger pilot program in 1968. It became a separate program in 1975.

How can I find a site in my community?

To find a meal service site near where you live, contact organizations in your community that are offering an activity program. Organizations offering activities for children are often local schools, community centers, recreation centers, and faith-based organizations.

You may also call the National Hunger Hotline at 1-866-3-HUNGRY or 1-877-8-HAMBRE. If you are unable to find a site in your area, please contact your state agency and ask for the location of a meal service site in your community.

What can I do if there are no nearby sites feeding children?

If there are no meal service sites in your area, you can mobilize your community to sponsor the program. In order for a site to exist in your community, a school, nonprofit organization or local government agency must be the program sponsor and be responsible for the administration of the program. To begin mobilizing your community, contact the following people and groups, and tell them there is an interest in the community to feed children in the summer. Contact:

• The school principal
• Teachers
• The Parent Teachers Association
• The school food service manager
• School officials such as the school board or superintendent of schools
• The Mayor's office
• Recreation and Parks Office
• County officials
• Elected officials

I want to help, what else can I do?

Volunteer! Our best SFSP sites have organized, well-run activities that keep the interest of the children and teens coming back to the site day after day. Some of these activities include arts and crafts, tutoring, mentoring, drama, sports, computer training, music, gardening, reading programs, cooking or any other creative ideas you may have.

Many sites have enlisted local fire and police departments, local celebrities, local businesses and local political figures to make presentations to their SFSP sites. The only limitation is your imagination.

How do I get started?

If you are interested in becoming a sponsor, or don't know of a sponsor in your area, contact your state agency.

Summary

This rulemaking finalizes long-term school nutrition requirements based on the goals of the Dietary Guidelines for Americans, 2020-2025, robust stakeholder input, and lessons learned from prior rulemakings. Notably, this rulemaking gradually phases in added sugars limits for the school lunch and breakfast programs and in the Child and Adult Care Food Program, updates total sugars limits for breakfast cereals and yogurt to added sugars limits. As a reflection of feedback from stakeholders, this final rule implements a single sodium reduction in the school lunch and breakfast programs and commits to studying the potential associations between sodium reduction and student participation in the school lunch and breakfast programs. This rulemaking addresses a variety of other school meal requirements, including establishing long-term milk and whole grain requirements. Finally, this rule includes provisions that strengthen Buy American requirements. While this rulemaking takes effect school year 2024-25, the Department is gradually phasing in required changes over time. Program operators are not required to make any changes to their menus as a result of this rulemaking until school year 2025-26 at the earliest.

Dates

This final rule is effective July 1, 2024. Phased-in implementation dates for required changes are addressed in the Supplementary Information section of this rule.

Additional Resources

• Webpage – Final Updates to the School Nutrition Standards
• Media Toolkit – School Nutrition Standards Media Toolkit
• Comparison Chart – Proposed and Final School Meal Standards
• Infographic – How We Got Here: School Nutrition Standards Final Rule
   

This guidance updates previously issued questions and answers to clarify the rural non-congregate summer meals option established through the Consolidated Appropriations Act, 2023 (the Act) (PL 117-328), and codified through the interim final rulemaking (IFR), Establishing the Summer EBT Program and Rural Non-congregate Option in the Summer Meal Programs (88 FR 90230). The Act authorized permanent, non-congregate meal service through the Summer Food Service Program (SFSP) and National School Lunch Program’s (NSLP) Seamless Summer Option (SSO) for rural areas with no congregate meal service. This memorandum and its attachment supersede SFSP 01-2023, SP 05-2023, Implementation Guidance: Summer 2023 Non-Congregate Meal Service in Rural Areas – Revised, issued Feb. 28, 2023, and SFSP 07-2023, SP 14-2023, Questions and Answers #2: Summer 2023 Non-Congregate Meal Service in Rural Areas, issued April 20, 2023.

Please note that the purpose of this guidance memorandum is to update earlier guidance originally issued for summer 2023 operations, and to ensure consistency with the provisions of the IFR. Future Q&A guidance will address additional implementation topics based on feedback received by state agencies and program stakeholders.

FNS appreciates the exceptional efforts of state agencies and local program operators working to meet the nutritional needs of participants during the summer months. SFSP and SSO rely on innovative and collaborative efforts to provide summer meals to children in need. We look forward to working with our program partners and other stakeholders on the administration and operation of the non-congregate meal service for rural communities.

State agencies are reminded to distribute this memorandum to program operators immediately. Program operators should direct any questions concerning this guidance to their state agency. State agencies with questions should contact the appropriate FNS regional office.

Attachment

• Questions and Answers

On Dec. 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (the Act) (PL 117-328). The Act amended section 13 of the Richard B. Russell National School Lunch Act, 42 USC 1761, to include the authorization of a permanent, rural non-congregate meal service through the Summer Food Service Program (SFSP) which the Food and Nutrition Service (FNS) is extending to the National School Lunch Program (NSLP) Seamless Summer Option (SSO). Per the statutory requirement, on Dec. 29, 2023, FNS published an interim final rule, Establishing the Summer EBT Program and Rural Non-Congregate Option in the Summer Meal Programs. This rulemaking, effective Dec. 29, 2023, codified the permanent rural non-congregate summer meal service for both SFSP and SSO, as well as created the Summer Electronic Benefits Transfer for Children Program (summer EBT). While non-congregate summer meal service for rural areas was initially implemented through FNS guidance during summer 2023, that guidance is superseded by the interim final rule.

This memorandum includes an attachment highlighting key information on the new regulatory requirements for non-congregate summer meal service in rural areas. The attachment:

• Reviews previously applicable regulatory requirements,
• Specifies previously applicable FNS guidance, including summer 2023 initial implementation guidance, and
• Details the regulatory changes effected by the interim final rule.

FNS intends to issue additional guidance for implementation of the rural non-congregate summer meal service provisions, including Q&As.

FNS appreciates the exceptional efforts of state agencies and local program operators working to meet the nutritional needs of participants during the summer months. SFSP and SSO rely on innovative and collaborative efforts to provide summer meals to children in need. We look forward to working with our program partners and other stakeholders to support administration and operation of the non-congregate meal service for rural communities.

State agencies are reminded to distribute this memorandum to program operators immediately. Program operators should direct any questions concerning this guidance to their state agency. State agencies with questions should contact the appropriate FNS regional office.

J. Kevin Maskornick
Director
Community Meals Policy Division

Attachment

• Implementation Guidance Table for the Rural Non-Congregate Options Provisions

WASHINGTON, Nov. 21, 2023 [Updated Jan. 3, 2024] - The United States Department of Agriculture (USDA) Food and Nutrition Service has started receiving official notices from states, territories, and tribal nations that intend to operate the new, permanent summer nutrition assistance program for children, known as Summer Electronic Benefits Transfer — one of many strategies the department is leveraging to tackle child hunger when schools are closed. The following states, territories, and tribes have confirmed their plans to implement Summer EBT in 2024, the program’s inaugural year, and many more are expected to follow:

Through Summer EBT, states, territories, and certain tribal nations can provide grocery benefits to families with eligible school-aged children during the summer months. Once implemented nationwide, Summer EBT is expected to benefit more than 29 million children, reducing food insecurity and helping kids get the nutrition they need to grow, learn, and thrive.

“Summer EBT provides an unprecedented opportunity to reduce child hunger during the summer months,” said Cindy Long, administrator of the USDA Food and Nutrition Service.“ FNS is thrilled to see trailblazing states and tribes step up and make early commitments to expanding summer nutrition benefits for children in their communities. We look forward to working with all states and eligible tribal nations on this important effort — helping ensure children across our nation get the nutrition they need year-round.”

Millions of children participate in USDA’s school breakfast and lunch programs during the school year. However, when schools are closed, kids lose access to these healthy meals and are at higher risk of food and nutrition insecurity. Reflecting a bipartisan effort to close the summer hunger gap, Congress passed legislation in late 2022 making Summer EBT the first new federal nutrition program in decades.

Summer EBT will support families with $40 each summer month per eligible child to buy food at grocery stores, farmers markets, or other authorized retailers, similar to how SNAP benefits are used. USDA tested Summer EBT as a demonstration project in select states and tribal nations over multiple years. Rigorous evaluations showed that providing these benefits decreased the number of kids with very low food security by about one-third and supported healthier diets.

This new program will work hand-in-hand with other USDA nutrition programs to connect every eligible child with nutritious food during the summer. In addition to Summer EBT, USDA summer nutrition programs include group meal service at central locations, such as schools, camps, and community centers, as well as the option to provide grab-n-go or home-delivered meals in many rural communities. Summer EBT is an additional benefit and does not replace these summer meal programs. Families are encouraged to participate in all summer nutrition programs available to them.

To offer Summer EBT benefits in 2024, states and tribal nations should submit their notice of intent by Jan. 1, 2024. USDA is committed to supporting states and tribal nations with resources, technical assistance, and more as they work to implement Summer EBT.

For More Information

• Webpage: Summer EBT
• Webpage: Summer EBT Implementation Toolkit
• Webpage: Summer Nutrition Programs

USDA’s Food and Nutrition Service works to end hunger and improve food and nutrition security through a suite of 16 nutrition assistance programs, such as the school breakfast and lunch programs, WIC and SNAP. Together, these programs serve 1 in 4 Americans over the course of a year, promoting consistent and equitable access to healthy, safe, and affordable food essential to optimal health and well-being. FNS also provides science-based nutrition recommendations through the co-development of the Dietary Guidelines for Americans. FNS’s report, “Leveraging the White House Conference to Promote and Elevate Nutrition Security: The Role of the USDA Food and Nutrition Service,” highlights ways the agency will support the Biden-Harris Administration’s National Strategy, released in conjunction with the historic White House Conference on Hunger, Nutrition, and Health in September 2022. To learn more about FNS, visit www.fns.usda.gov and follow @USDANutrition.

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USDA is an equal opportunity provider, employer, and lender. 

USDA is committed to modernizing the Supplemental Nutrition Assistance Program (SNAP) to best serve all participants, and a major part of fulfilling that commitment is promoting equity and inclusion in the program. 

This week, USDA’s Food and Nutrition Service published a final rule that changes how racial and ethnic data is collected in SNAP. SNAP applications include the option for applicants to indicate their race and ethnicity. Currently, if the applicant chooses not to disclose this information, SNAP state agencies are required to record this information using alternative means, including visual observation, when reporting data to FNS. The final rule removes the option to use visual observation as an acceptable alternative when this information is not provided by the applicant. 

This change aligns SNAP regulations with current federal policy, including OMB government-wide guidance and Title VI of the Civil Rights Act of 1964. FNS is grateful to our stakeholders who took the time to comment on the proposed rule and will continue to seek ways to advance equity in SNAP that further USDA’s commitment to building equitable and inclusive systems for nutrition support.

Summary

This rule finalizes provisions of a proposed rule published on June 27, 2022. With this final rule, the Food and Nutrition Service (FNS) is revising Supplemental Nutrition Assistance Program (SNAP) regulations that cover collecting and reporting race and ethnicity data by state agencies on persons receiving benefits from SNAP. This rule removes regulatory language that provides an example that state agencies might collect race and ethnicity data by observation (also referred to as “visual observation”) when participants do not voluntarily provide the information on the application form. In addition, based on feedback from the commenters, this rule prohibits using visual observation as a data collection method for race and ethnicity. Through this rulemaking, FNS intends to improve the quality of data collected for purposes of federal civil rights law and policy including title VI of the Civil Rights Act of 1964. USDA's Food and Nutrition Service is committed to promoting equity and inclusion through its federal nutrition assistance programs. This regulatory change is consistent with this administration's priorities and furthers FNS' commitment to building equitable and inclusive systems for nutrition access.

On Dec. 20, 2023, FNS distributed a transmittal memo to all SNAP state agencies, informing them of these changes.

Dates

This rule is effective Feb.12, 2024.

Protección contra la discriminación por motivos de ascendencia compartida o características étnicas reales o percibidas

La Oficina de la Subsecretaría de Derechos Civiles (Office of the Assistant Secretary for Civil Rights, OASCR) del Departamento de Agricultura (Department of Agriculture, USDA) de los EE. UU. Exige el cumplimiento del título VI de la Ley de derechos civiles (Civil Rights Act) de 1964 , el título 42, artículo 2000d y siguientes del Código de los Estados Unidos (United States Code, USC), y sus disposiciones de implementación, el título 7, parte 15, del Código de Regulaciones Federales (Code of Federal Regulations, CFR) (en adelante colectivamente denominados «Título VI»). El Título VI protege a las personas contra la discriminación, por motivos de raza, color o nacionalidad, proveniente de entidades que reciben asistencia financiera federal del USDA (por ejemplo, organismos locales y estaduales, instituciones educativas, organizaciones sin fines de lucro y otras entidades no federales).

Esta hoja informativa describe las maneras en que la protección del Título VI cubre a las personas que se perciben como judías, cristianas, musulmanas, sij, hindúes, budistas o de otro grupo religioso.

Protección del Título VI ante la discriminación

1. La protección del Título VI de discriminación por motivos de raza, color o nacionalidad se extiende para las personas que sufren discriminación, incluido el acoso, por motivos de las siguientes características reales o percibidas: (i) ascendencia compartida o características étnicas; (ii) ciudadanía o residencia en un país con una religión dominante o con una identidad religiosa diferente.
2. El Título VI prohíbe la discriminación por motivos de raza, color o nacionalidad a personas de cualquier religión, como judías, cristianas, musulmanas, sij, hindúes o budistas, cuando la discriminación incluye, por ejemplo, lo siguiente:
   1. estereotipos raciales, étnicos o de ascendencia;
   2. apariencia física, que incluye el color de la piel, las características físicas o el estilo de vestimenta que refleja tanto las tradiciones étnicas como religiosas;
   3. acento extranjero; nombre extranjero, incluidos los nombres asociados con una ascendencia compartida o con características étnicas en particular; idioma extranjero.
3. Debido a que el Título VI no protege a las personas de la discriminación únicamente por motivos de religión, el USDA deriva esas demandas al Departamento de Justicia (Department of Justice, DOJ) de los EE. UU., que tiene competencia sobre esta materia. En algunos programas, el USDA puede tratar demandas administrativas de discriminación exclusivamente por motivos de religión si la legislación que autoriza tales programas cubren discriminación religiosa.

Ejemplos de tipos de incidentes por los que, según los hechos y las circunstancias, se podría presentar una inquietud sobre el Título VI:

• Un participante del Programa Suplementario de Productos Básicos (Commodity Supplemental Food Program, CSFP) que es judío y usa kipá (casquete que cubre la cabeza) ingresa a un almacén de alimentos para solicitar una caja de comida. El participante informa que el voluntario del CSFP bromea sobre el Holocausto y le niega la caja de comida. El organismo estadual que gestiona el CSFP no toma medidas para esta situación informada.
• Un propietario rural afgano informa que le preocupa que se le haya negado una mejora en un servicio de banda ancha de alta velocidad. Todos sus vecinos recibieron una mejora en el servicio. El proveedor de servicios recibió asistencia financiera federal del USDA a través de Desarrollo Rural (Rural Development). El proveedor de servicios llama «terrorista» al propietario y no toma medidas para abordar lo informado por este.
• Un hombre sij que usa turbante (tela que cubre la cabeza) informa que oyó a un empleado de un centro de esquí burlarse de su acento. El empleado no permitía al hombre sij comprar billetes de telesilla para esquiar con su familia. El empleado manifestó que consideró que no les gustaría, ya que nadie esquía en su lugar de procedencia. El centro recibió asistencia financiera federal del Servicio Forestal (Forest Service). Se conoce que el centro de esquí no ha tomado medidas efectivas para abordar estos informes.

¿Qué puede hacer una persona si sufre discriminación por motivos de su ascendencia compartida o características étnicas?

Toda persona que considere que sufrió de discriminación por motivos de ascendencia compartida o características étnicas puede presentar una demanda ante la OASCR. 

Recursos adicionales

Si tiene alguna pregunta o le gustaría recibir asistencia técnica, comuníquese con la Oficina de la Subsecretaría de Derechos Civiles del USDA.

Puede comunicarse con la Oficina de la Subsecretaría de Derechos Civiles, Servicio de Investigación de la Información, al (866) 632-9992 (línea gratuita) o enviar un correo electrónico a la Oficina de la Subsecretaría de Derechos Civiles a CR-INFO@usda.gov. Las personas tienen sordera, dificultad para oír o discapacidad del habla pueden comunicarse con nosotros mediante el Servicio de Retransmisión de Comunicaciones al 711 o (800) 845-6136 (español).
 

Tenga en cuenta que este recurso no tiene validez legal. El cumplimiento del Título VI exigido por el USDA deriva del Título VI y sus disposiciones de implementación. 
El USDA es un proveedor, empleador y prestamista en igualdad de oportunidades.

Protection from Discrimination Based on Actual or Perceived Shared Ancestry or Ethnic Characteristics

The U.S. Department of Agriculture’s (USDA) Office of the Assistant Secretary for Civil Rights (OASCR) enforces Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq., and its implementing regulations, 7 CFR Part 15 (Title VI). Title VI protects individuals from being discriminated against based on race, color, or national origin by entities receiving federal financial assistance from USDA (e.g., state and local agencies, educational institutions, non-profits, and other non-federal entities).

This fact sheet describes the ways Title VI protections cover individuals who are or are perceived to be Jewish, Christian, Muslim, Sikh, Hindu, Buddhist, or of another religious group.

Title VI's Protections from Discrimination

1. Title VI’s protection from race, color, or national origin discrimination extends to individuals who experience discrimination, including harassment, based on their actual or perceived: (i) shared ancestry or ethnic characteristics; or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity.
2. Title VI prohibits discrimination based on race, color, or national origin against individuals of any religion, such as Jewish, Christian, Muslim, Sikh, Hindu, or Buddhist, when the discrimination, for example, involves:
   1. racial, ethnic, or ancestral slurs or stereotypes;
   2. how they look, including skin color, physical features, or style of dress reflecting both ethnic and religious traditions; and
   3. a foreign accent, a foreign name, including names commonly associated with particular shared ancestry or ethnic characteristics, or speaking a foreign language.
3. Because Title VI does not protect individuals from discrimination based only on religion, USDA refers those complaints to the U.S. Department of Justice (DOJ), which has jurisdiction on this issue. In certain programs, USDA may process administrative complaints of discrimination based exclusively on religion if the laws that authorize those programs cover religious discrimination.

Examples of the kinds of incidents that could, depending upon facts and circumstances, raise Title VI concerns include:

• A Commodity Supplemental Food Program (CSFP) participant who is Jewish and who is wearing a kippah (head covering) enters a food pantry site to request a food box. The participant reports that a CSFP volunteer makes a joke about the Holocaust and denies him the food box. The state agency operating the CSFP takes no steps to address this report.
• An Afghan rural homeowner reports concerns of being denied upgraded high-speed broadband service. All his neighbors received upgraded service. The service provider received federal financial assistance from USDA through Rural Development. The service provider calls the homeowner a “terrorist” and takes no steps to address the homeowner’s report.
• A Sikh man who wears a turban (head covering) reports that he overheard a ski lodge employee mocking his accent. The employee would not allow the Sikh man to purchase lift tickets to ski for his family. The employee stated that he didn’t think they would like it because where they come from no one skis. The resort received federal financial assistance from the Forest Service. The ski resort is alleged to have not taken effective action to address these reports.

What can a person do if they experience discrimination based on shared ancestry or ethnic characteristics?

Any individual who believes they have been discriminated against based on shared ancestry or ethnic characteristics may file a complaint of discrimination with OASCR.

Additional Resources

If you have any questions or would like technical assistance, please contact the USDA Office of the Assistant Secretary for Civil Rights.

You may contact the Office of the Assistant Secretary for Civil Rights, Information Research Service, at (866) 632-9992 (toll free) or send an email to the Office of the Assistant Secretary for Civil Rights at CR-INFO@usda.gov. Individuals who are deaf, hard of hearing, or have speech disabilities, may contact us through the Telecommunication Relay Service at 711 or (800) 845-6136 (Spanish).
 

Please note this resource does not have the force and effect of law. USDA’s enforcement of Title VI stems from Title VI and its implementing regulations.
USDA is an equal opportunity provider, employer, and lender.

The USDA Foods Database is available for state agencies and school districts to access up-to-date, vendor-specific nutrition, allergen and ingredient information for direct delivered USDA Foods for child nutrition programs offered on the USDA Foods Available List.

Providing this information to National School Lunch Program participants is a requirement in the Richard B. Russell National School Lunch Act and is currently fulfilled through USDA Foods product information sheets. FNS is leveraging an existing partnership with the Agricultural Research Service Branded Foods Database to use the GS1 Global Data Synchronization Network ^TM (GS1 GDSN) to collect vendor-specific product information.

Each USDA Foods product can be supplied by numerous USDA approved vendors, as long as their product meets the requirements outlined in the USDA specification. The USDA Foods Database captures product information from all vendors that supply a particular product. This information can be used by states and school districts to manage menu planning, inform ordering decisions, meet USDA meal pattern requirements and nutrition standards, and provide safe meals for students with food allergies and other special dietary needs. For example, before ordering deli turkey breast from the USDA, a school district may want to know whether it is possible for the product to contain wheat. If a search of the database indicates that none of USDA’s suppliers report that the product contains wheat, the school district can be assured that anytime they receive deli turkey breast, it will be free of wheat.

Access the USDA Foods Database

The USDA Foods Database is a non-editable Excel spreadsheet that allows users to search for USDA Foods by their 6-digit unique material code. The spreadsheet must be downloaded and saved in order to use. Use the instructions below to learn how to navigate the USDA Foods Database.

USDA Foods vendors are not required to report product information until 20 days after they are awarded a contract for applicable products. Vendors may voluntarily report product information prior to being awarded but are not required. Because contracts are awarded throughout the year, certain products and/or vendors may not be found in the USDA Foods Database at this time. Check out the list of required products for the USDA Food Database below to learn which USDA Foods products are currently found in the USDA Foods Database.

• USDA Foods Database - May 2024 (You must download and save file to use it)
• Release Notes (05/08/24)
• Instructions on How to Use the USDA Foods Database
• List of Required Products for the USDA Foods Database (05/08/24)

Key Resources for State Agencies and School Districts

• Frequently Asked Questions
• USDA Foods Database Special Bulletin
• Navigating the USDA Foods Database Webinar

Archive

2024

• USDA Foods Database - April 2024
• USDA Foods Database - March 2024
• USDA Foods Database - February 2024
• USDA Foods Database - January 2024

2023

• USDA Foods Database - December 2023
• USDA Foods Database - November 2023
• USDA Foods Database - October 2023
• USDA Foods Database - September 2023
• USDA Foods Database - August 2023
• USDA Foods Database - July 2023
• USDA Foods Database - June 2023
• USDA Foods Database - May 2023
• USDA Foods Database - April 2023
• USDA Foods Database - March 2023
• USDA Foods Database - February 2023
• USDA Foods Database - January 2023

A summary by state of the replacement of stolen SNAP benefits process is included for reference. Any questions about specific state plans should be addressed to the SNAP state agency.

Congress passed a law in late 2022 to help SNAP participants who are victims of card skimming, cloning and other similar methods. The law allows for the replacement of benefits stolen through these methods in limited circumstances. More information can be found on the Stolen SNAP Benefits page.

To implement this new law, states are working quickly to develop and implement processes to help people whose SNAP benefits were stolen seek and obtain relief. As a first step, state agencies were required to submit their state plan to FNS explaining how they will process claims and reimburse stolen funds. FNS issued guidance for states in January 2023 and, by law, the state plans were due on Feb. 27, 2023.

FNS approved the state plans submitted by all 50 states, DC, Guam, and the U.S. Virgin Islands. With these approvals, states officially have the authority to use federal funds to replace stolen SNAP benefits pursuant to their approved plan.

WASHINGTON, D.C., Oct. 27, 2023 – The U.S. Department of Agriculture’s Food and Nutrition Service announced today that Supplemental Nutrition Assistance Program, or SNAP, households will have added protection from stolen benefits through Sep. 30, 2024, as the agency officially approved all SNAP state agencies’ plans for replacing benefits stolen via card skimming, card cloning and other similar crimes. This is a vital and necessary step in ensuring victims of fraudulent activities continue to have access to food.  

USDA acknowledges the hardships faced by victims of SNAP fraud and is determined to support them while simultaneously combating fraud at its root source. Congress passed a law in late December 2022, that provided for replacements of stolen SNAP benefits resulting from card skimming or similar methods. The law required SNAP state agencies to submit a plan to FNS for how they will implement that requirement.  

“Protecting the integrity of our nutrition assistance programs is a top priority for FNS,” said Stacy Dean, USDA deputy under secretary for Food, Nutrition, and Consumer Services. “SNAP fraud is a despicable crime that takes advantage of families with low income. We are collaborating closely with state agencies to ensure that participants facing these hardships receive the support they need.”

FNS carefully reviewed plans to replace stolen benefits, working closely with states to clarify information, ensure their plans met all requirements prior to approval, and provide prompt replacement and enhanced protection of SNAP benefits. FNS has now approved all plans from the 50 states, D.C., Guam and the U.S. Virgin Islands, which means that all state agencies officially have the authority to use federal funds to replace stolen SNAP benefits. More information about estimated plan implementation dates for each state agency’s plan is available on the FNS website. FNS also encourages state agencies to develop plans and proposals to prevent, detect and address card skimming by educating recipients.

FNS is committed to upholding the integrity of the program and combating fraud by working closely with state and federal partners, law enforcement, SNAP retailers, Electronic Benefits Transfer (or EBT) card processors, and industry experts. To bolster SNAP’s security and address fraud that targets SNAP recipients, other actions USDA has taken include:

• In March 2023, USDA announced a partnership with five states to pilot mobile contactless payments in SNAP. Program participants in Illinois, Louisiana, Massachusetts, Missouri and Oklahoma will have the option to use mobile payments methods – like tapping or scanning their personal phones – instead of their physical EBT cards. This technology has the potential to help protect families from having their SNAP benefits stolen because of card skimming.
• FNS awarded nearly $3.1 million in SNAP Fraud Framework Implementation grants to five states – Colorado, Michigan, Mississippi, Texas and Wisconsin – to fund new projects to improve recipient fraud prevention, detection and investigation efforts. Three of these grants focus on the prevention of card skimming by developing media campaigns to educate recipients about the security of their EBT cards and implementing new optional EBT card features.
• FNS is providing technical support to SNAP state agencies exploring and implementing chip-enabled cards.  

Under the leadership of the Biden-Harris Administration, USDA has made significant strides in enhancing SNAP by modernizing, protecting and reinforcing its impact. USDA remains unwavering in its dedication to strengthening SNAP, protecting vulnerable households and combating fraud. Together with state and federal partners, USDA will continue to innovate and evolve SNAP to provide meaningful assistance to those in need.

USDA’s Food and Nutrition Service works to end hunger and improve food and nutrition security through a suite of 16 nutrition assistance programs, such as the school breakfast and lunch programs, WIC and SNAP. Together, these programs serve 1 in 4 Americans over the course of a year, promoting consistent and equitable access to healthy, safe, and affordable food essential to optimal health and well-being. FNS also provides science-based nutrition recommendations through the co-development of the Dietary Guidelines for Americans. FNS’s report, “Leveraging the White House Conference to Promote and Elevate Nutrition Security: The Role of the USDA Food and Nutrition Service,” highlights ways the agency will support the Biden-Harris Administration’s National Strategy, released in conjunction with the historic White House Conference on Hunger, Nutrition, and Health in September 2022. To learn more about FNS, visit www.fns.usda.gov and follow @USDANutrition. 

Related Resources

• Replacement of Stolen Benefits Data Visualization Dashboard
   

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