This is a new information collection for the Waivers and State Plans (WiSP) application.
This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2026 (July 1, 2025, through June 30, 2026) for each lunch served by schools participating in the National School Lunch Program, and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program.
This collection is: (1) a revision of the currently approved collections for the reporting and recordkeeping burdens associated with the Senior Farmers' Market Nutrition Program (SFMNP) regulations and with the Women, Infants, and Children (WIC) Farmers' Market Nutrition Program (FMNP) regulations; and (2) a consolidation of the SFMNP and WIC FMNP reporting and recordkeeping burdens into a single information collection to more accurately reflect consolidated program operations.
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.
USDA has rescinded the Biden Administration’s May 2022 Bostock policy update that sought to require federally-funded food and nutrition service programs to redefine discrimination by reason of “sex” under Title IX of the Education Amendments of 1972 (Title IX) and the Food and Nutrition Act of 2008 as not based on just male or female, but also “gender identity.” Today’s guidance eliminates the illegal threats issued under the Biden Administration that mandated compliance with ever-evolving concepts of gender ideology as a condition for participation in USDA school programs.
The Federal-State Supplemental Nutrition Programs Agreement (form FNS-339) is an annual contract between USDA and each state, territory, and Indian Tribal Government agency seeking to operate one or more of the following programs: The Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the WIC Farmers' Market Nutrition Program (FMNP), and the Seniors Farmers' Market Nutrition Program (SFMNP).
The American Rescue Plan Act of 2021 (ARPA), which was signed into law in March 2021, provided USDA with $390 million and waiver authority for outreach, innovation, and program modernization in WIC and the WIC Farmers' Market Nutrition Program. FNS is interested in understanding the implementation and outcomes related to these modernization efforts.
The proposed information collection is a request for a revision of a currently approved collection of information relating to the reporting and recordkeeping burden associated with completing, submitting, and maintaining a record of form FNS-339, the Federal-State Supplemental Nutrition Programs Agreement for the administration of WIC, FMNP, and SFMNP.
This memorandum provides additional clarification on questions received from state agencies and program stakeholders. It also includes guidance on integrity measures for non-congregate meal service operations.
The activities that are covered by this Information Collection Request include the transition from individual collections for program waivers and state plans to a new application supporting multiple USDA programs.