FNS Controls over Summer Food Service Program

Obtain a formal written legal opinion from the Office of the General Counsel as to whether FNS has the legal authority to create nationwide waivers of SFSP regulations through policy memoranda in the absence of a State agency or sponsor written request, and without complying with the waiver application and documentation requirements set forth in Section 12(l) of the Richard B. Russell National School Lunch Act (NSLA). This formal written legal opinion should clarify the authority FNS has and the process it must follow to waive regulations, and the documentation that the agency should maintain to support waivers made.