Justification for a Change to Add Legislatively-Mandated Language

United States
Department of
Agriculture

June 17, 2011

Food and
Nutrition
Service

TO:

3101 Park
Center Drive
Alexandria, VA
22302-1500

Julie Wise
OMB Desk Officer
Office of Information and Regulatory Affairs
Office of Management and Budget

THROUGH: Rachelle Ragland-Greene
FNS Clearance Officer
Food and Nutrition Service
Ruth Brown
OCIO Desk Officer
USDA
FROM:

Debra Whitford
Director
Supplemental Food Programs Division

SUBJECT:

Justification for a Change to Add Legislatively-Mandated Language –
OMB# 0584-0332 Federal-State Agreement, FNS-339

This justification requests a revision to a currently approved collection form, the FederalState Agreement, FNS-339. The Healthy, Hunger-Free Kids Act (HHFKA) of 2010 (the Act)
requires the Secretary of Agriculture to revise the Federal-State Agreement to include
language for the full use of Federal funding.
The Act requires the Secretary of Agriculture to add a provision to the form requiring State
agencies receiving Federal funds to administer the Special Supplemental Nutrition Program
for Women, Infants and Children (WIC) and Farmers’ Market Nutrition Program (FMNP) to
agree to support the full use of Federal funds. Specifically, the State agencies must agree to
exclude Federal funds for WIC and FMNP from State budget restrictions or limitations
including, at a minimum, hiring freezes, work furloughs and travel restrictions.
The signed agreements for fiscal year 2012 are due to USDA Food and Nutrition Service
(FNS) regional offices by August 15, 2011. Therefore, the change to add the legislativelymandated language is required as soon as possible. The Federal-State agreement is the
contract between USDA and each State agency that administers WIC, the Farmers’ Market
Nutrition Program (FMNP) and Senior Farmers’ Nutrition Program (SFMNP). Each State
agency must have its Chief State agency official sign the agreement prior to USDA releasing
funds to it for fiscal year 2012. While adding the legislatively-mandated language, FNS must

Justification for a Change to Add Legislatively-Mandated Language
Page 2
also make additional technical amendments to the FNS-339, which are as follows: 1) the title is
changed to include FMNP and SFMNP; 2) coverage by statutes as well as regulations is added;
3) reference to FMNP and SFMNP are added as necessary and appropriate; and 4) several
typographical errors are corrected.
Revisions to the FNS-339 do not increase the burden per response. However, the number of
respondents (agencies administering WIC, FMNP and SFMNP) has increased from 140 to 142
thus increasing the total annual burden from 35 to 35.5 hours.
Concurrent with this change request, we are processing this request under the routine process
including a 60-day Federal Register notice. The currently approved collection form expires
November 30, 2012.