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USDA has rescinded the Biden Administration’s May 2022 Bostock policy update that sought to require federally-funded food and nutrition service programs to redefine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 purpose of this memorandum is to provide clarification to state agencies and school food authorities operating the National School Lunch Program and School Breakfast Program on reimbursement for meals consumed or served off site.
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).
This rule rescinds an unnecessary reporting requirement for the school meals application verification process.
The purpose of this memorandum is to provide funding allocation amounts for the Fresh Fruit and Vegetable Program for all state agencies for FY 2026, including information on funding requirements and deadlines, and a reminder of important program requirements.
As a reminder, meals and snacks offered through the child nutrition programs may be claimed for federal reimbursement if they meet the federal nutrition requirements and other federal regulations. State agencies may not withhold federal reimbursement for meals that meet the federal requirements, even if additional state requirements are not met. However, if a state provides an additional reimbursement above the federal reimbursement, they may withhold the state reimbursement.
Under the leadership of Secretary Brooke Rollins, USDA is prioritizing the clarification of statutory, regulatory, and administrative requirements of the National School Lunch Program and the School Breakfast Program.
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other interested parties to comment on a proposed information collection. This collection is an extension of a currently approved collection to conduct research in support of FNS' goal of delivering science-based nutrition education to targeted audiences.
We are committed to upholding Secretary of Agriculture Rollins’ priority to take swift action to minimize instances of fraud, waste, and program abuse, and to ensure American taxpayer dollars are spent with integrity and accountability. We are issuing this memo, both in support of that priority and in response to requests from SNAP state agencies and FDPIR administering agencies, for additional guidance on preventing dual participation and ensuring comparable disqualifications are applied in SNAP and FDPIR.