This notice sets forth the interpretation that the U.S. Department of Agriculture uses for the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. In doing so, this notice supersedes any prior interpretation in any notice or other document issued by any USDA agency. This notice also describes and preliminarily identifies the USDA programs that provide “Federal public benefits” within the scope of PRWORA.
This memorandum provides notice to child nutrition program operators regarding the Full-Year Continuing Appropriations and Extensions Act, 2025 (the 2025 Appropriations Act), March 15, 2025. This applies to state agencies administering, and local organizations operating, the USDA FNS child nutrition programs.
The purpose of this memorandum is to remind schools, sponsors, and institutions participating in any USDA Child Nutrition Program, including the National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program for Children , Child and Adult Care Food Program, Summer Food Service Program, and the Seamless Summer Option , of the many ways they can purchase local foods to serve in program meals.
Recent communications between FNS and state agency program staff during procurement trainings and management evaluations conducted in fiscal year 2014-2015 indicated a need for guidance on competitive procurement standards. This page lists where to find the standards.
FNS is aware that school food authorities and program operators may be operating NSLP, SBP, and other child nutrition programs, in a way that includes offering reimbursable meals and non-program foods (a la carte sales, catering, adult meals, etc.) using foods from popular franchise restaurants through a franchise agreement.
FNS has received many questions related to implementation of 2 CFR Part 200 and understands that changes to financial and procurement systems are costly and require time to develop and implement. Therefore, FNS will work with state agencies during this transition period and will seek to answer questions and provide guidance as needed.
OMB published the Super-Circular at 78 FR 78590 on Dec. 26, 2013, for USDA and other federal grant-making agencies. Section 200.10(a) requires federal agencies to implement the policies and procedures set out in the Super-Circular by promulgating regulations effective Dec. 26, 2014. USDA published such regulations at 2 CFR Parts 400, 415, 416, et al. (79 FR 75981, Dec. 19, 2014).
The purpose of this memorandum is to provide guidance on the incorporation of local foods and agriculture-based curriculum in early childhood education and care settings, clarifies policies in the recently published FNS Instruction relevant to local food production and procurement, and includes questions and answers regarding procuring local food for use in the CACFP.