FNS Documents & Resources

Questions have arisen regarding the eligibility for reimbursement of meals served to children who are placed by a public school district in special schools or institutions which are either not eligible to participate or choose not to participate in the NSLP and/or SBP.

This Instruction establishes policy for charging allowable costs associated with the administration of TEFAP, and for assigning such costs to states and eligible recipient agencies (ERAs).  Such classification of costs is necessary in order to demonstrate compliance with the statutory and regulatory requirements described in section II, of this document.

This memorandum encourages those state agencies that have not already done so to consider seriously adopting provisions currently available to simplify operations and improve program access for households with earnings.

It has come to our attention that there is still some question regarding the ability of state agencies and sponsoring organizations to use “stop payments” (suspension of all program reimbursement to institutions or providers) as a tool to enforce an institution or a provider’s compliance with program requirements.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 made a number of changes to the National School Lunch Act which governs the waiver process in the child nutrition programs. This memorandum identifies the changes and provides guidance to be used in developing and submitting waiver requests to the child nutrition division. 

Attached are answers to a series of questions which we have received concerning the new two-tiered reimbursement system mandated for FDCHs in the CACFP. 

Noncitizens who were receiving food stamps on Aug. 22, 1996, will not lose benefits due to their immigration status until at least April 22, 1997. If, for example, a person moves to another state or has a break in eligibility because of something unrelated to his or her noncitizen status (such as a temporary increase in earnings) and applies again before April 1, 1997, the new noncitizen eligibility requirements would not apply.

The Omnibus Consolidated Appropriations Act makes a significant change to implementation of the food stamp eligibility provisions for noncitizens of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Recently, we were asked whether state agencies are required to make public release announcements on behalf of their CACFP institutions. If the state is not required to do so, does the state have the option to publish an announcement for CACFP institutions in conjunction with other child nutrition programs, and if so, does this announcement relieve the institutions of their responsibility for releasing a public notification?

This letter describes the new statutory requirements for state agency implementation of the Food Stamp Program provisions of PL 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. We are also providing information regarding proposed and interim rules the FCS will publish and guidance relating to the Simplified Program option, FCS waiver authority, and quality control.