USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic

Changes from March 24, 2021 to August 23, 2021

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

USDA Nutrition Assistance Programs:
~~March 24~~August 23, 2021 , 2021
Response to the COVID-19 Pandemic
Randy Alison Aussenberg
U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs
Specialist in Nutrition Specialist in Nutrition
are often part of emergency response efforts, providing foods for distribution, additional are often part of emergency response efforts, providing foods for distribution, additional
Assistance Policy Assistance Policy
benefits for redemption, and program flexibilities. During the benefits for redemption, and program flexibilities. During the ~~Coronavirus Disease 2019~~

~~(COVID-19)~~COVID-19 pandemic, pandemic, access to food—particularly in light of increased unemploymentaccess to food—particularly in light of increased unemployment ~~Kara~~ and closures of Kara Clifford Billings
~~and closures of~~ institutions that households rely on for food, such as schools—has been institutions that households rely on for food, such as schools—has been
a concern for Analyst in Social Policy Analyst in Social Policy
~~a concern for~~ many people. Some observers also view the programs, particularly the many people. Some observers also view the programs, particularly the
Supplemental
~~Supplemental~~ Nutrition Assistance Program (SNAP), as a means of economic stimulus. Nutrition Assistance Program (SNAP), as a means of economic stimulus.
This report discusses related provisions of five laws that supplement FNS’s prior This report discusses related provisions of five laws that supplement FNS’s prior

response to the response to the COVID-19 pandemic with new funds and authorities:COVID-19 pandemic with new funds and authorities:
 Families First Coronavirus Response Act (FFCRA; P.L. 116-127, enacted March 18, 2020);  Families First Coronavirus Response Act (FFCRA; P.L. 116-127, enacted March 18, 2020);
 Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136, enacted March 27,  Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136, enacted March 27,
2020); 2020);
 Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159, enacted October 1,  Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159, enacted October 1,
2020); 2020);
 Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260, enacted December  Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260, enacted December
27, 2020); and 27, 2020); and
 American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11, 2021).  American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11, 2021).
This report also This report also ~~includes the Biden Administration announcement that, under an executive order, USDA wil~~
~~change~~provides an overview of USDA’s implementation of COVID-19 response laws, including the Biden Administration’s changes to the implementation of some of the 116th Congress laws’ provisions. the implementation of some of the 116th Congress laws’ provisions.
Within SNAP, the COVID-19 pandemic response laws have al owed for certain changes to eligibility and benefit Within SNAP, the COVID-19 pandemic response laws have al owed for certain changes to eligibility and benefit
amounts. Among other changes, FFCRA authorized an option for states to increase households’ benefits up to the amounts. Among other changes, FFCRA authorized an option for states to increase households’ benefits up to the
maximum amount. More recently, P.L. 116-260 and then ARPA increased the maximum benefit amount by 15% maximum amount. More recently, P.L. 116-260 and then ARPA increased the maximum benefit amount by 15%
for January through September 2021. In addition, the laws al owed for a variety of administrative flexibilities; for for January through September 2021. In addition, the laws al owed for a variety of administrative flexibilities; for
instance, provisions designed to make it easier for states to manage the recertification of participating households instance, provisions designed to make it easier for states to manage the recertification of participating households
during social distancing. The laws also provided additional funding for benefits and specified grants for other during social distancing. The laws also provided additional funding for benefits and specified grants for other
SNAP and related functions. SNAP and related functions.
The pandemic response laws supplemented the block grant funding for Puerto Rico, American Samoa, and the The pandemic response laws supplemented the block grant funding for Puerto Rico, American Samoa, and the
Commonwealth of the Northern Mariana Islands. These territories do not operate SNAP, but rather their own Commonwealth of the Northern Mariana Islands. These territories do not operate SNAP, but rather their own
nutrition assistance programs using block grant funding. nutrition assistance programs using block grant funding.
FFCRA first established the Pandemic Electronic Benefit Transfer (P-EBT) program, and subsequent pandemic FFCRA first established the Pandemic Electronic Benefit Transfer (P-EBT) program, and subsequent pandemic
response laws expanded it. This program provides SNAP-like benefits to households, serving as replacements for response laws expanded it. This program provides SNAP-like benefits to households, serving as replacements for
meals that normal y would have been provided in schools and, fol owing expansion of the program, in child care meals that normal y would have been provided in schools and, fol owing expansion of the program, in child care
centers. centers.
The pandemic response laws have also enabled changes within institution-based child nutrition programs, The pandemic response laws have also enabled changes within institution-based child nutrition programs,
including school and summer meals programs. The pandemic response for these programs has included an including school and summer meals programs. The pandemic response for these programs has included an
expansion of USDA’s ability to waive child nutrition program requirements, the temporary ability for providers to expansion of USDA’s ability to waive child nutrition program requirements, the temporary ability for providers to
serve free meals to al children, and a new program to cover financial losses for meal providers. serve free meals to al children, and a new program to cover financial losses for meal providers.
The laws have also provided supplemental appropriations for the Special Supplemental Nutrition Program for The laws have also provided supplemental appropriations for the Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC) and a benefit increase through ARPA. In addition, they gave USDA Women, Infants, and Children (WIC) and a benefit increase through ARPA. In addition, they gave USDA
authority to issue a wide variety of program waivers, including changes to benefit issuance, product availability, authority to issue a wide variety of program waivers, including changes to benefit issuance, product availability,
and physical presence requirements. and physical presence requirements.
Congressional Research Service USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic Supplemental funding was provided to programs that distribute USDA-purchased commodities. The Emergency Supplemental funding was provided to programs that distribute USDA-purchased commodities. The Emergency
Food Assistance Program (TEFAP) provides federal y purchased foods and administrative funds to states for Food Assistance Program (TEFAP) provides federal y purchased foods and administrative funds to states for
~~Congressional Research Service~~

~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

distribution to emergency feeding organizations, including food banks, food pantries, and soup kitchens. Three of distribution to emergency feeding organizations, including food banks, food pantries, and soup kitchens. Three of
the pandemic response laws together provided over $1.2 bil ion to TEFAP. Smal er amounts were also provided the pandemic response laws together provided over $1.2 bil ion to TEFAP. Smal er amounts were also provided
for the Food Distribution Program on Indian Reservations (FDPIR) and the Commodity Supplemental Food for the Food Distribution Program on Indian Reservations (FDPIR) and the Commodity Supplemental Food
Program (CSFP). Program (CSFP).
In addition to responding to the COVID-19 pandemic through its existing nutrition assistance programs, USDA In addition to responding to the COVID-19 pandemic through its existing nutrition assistance programs, USDA
launched two new programs to feed people on a temporary basis: (1) the Farmers to Families Food Box program, launched two new programs to feed people on a temporary basis: (1) the Farmers to Families Food Box program,
initial y funded under the FFCRA, which has provided food boxes to individuals and households; and (2) the initial y funded under the FFCRA, which has provided food boxes to individuals and households; and (2) the
Emergency Meals to You program, which provided food boxes to households with school-aged children in rural Emergency Meals to You program, which provided food boxes to households with school-aged children in rural
areas. FNS also activated emergency food distribution programs in certain states and tribal nations during the areas. FNS also activated emergency food distribution programs in certain states and tribal nations during the
early months of the pandemic. early months of the pandemic.
Congressional Research Service Congressional Research Service

USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic

Introduction
The ongoing The ongoing ~~Coronavirus Disease 2019 (COVID-19)~~COVID-19 pandemic has increased food insecurity1 in pandemic has increased food insecurity1 in
the United States, as households face unemployment and closure of institutions, like schools, that the United States, as households face unemployment and closure of institutions, like schools, that
many Americans rely on for food. Data indicate that the percentage of individuals reporting they many Americans rely on for food. Data indicate that the percentage of individuals reporting they
do not have enough to eat nearly tripleddo not have enough to eat nearly tripled ~~between 2019 and early 2021. According to Census data~~
~~collected between February 17, 2021 and March 1, 2021, 10.5% of U.S. adults reported~~ during the pandemic. Specifical y, the percentage of U.S. adults reporting that they ~~that they~~
sometimes or often did not have enough to eat sometimes or often did not have enough to eat ~~in the past week, compared to 3.7% of adults in~~
~~2019, as reported by USDA~~rose from 3.7% in 2019 to a high of 13.7% in December 2020. As of the U.S. Census Bureau’s most recent data collection (from June 23 to July 5, 2021), 9.7% of adults reported sometimes or often not having enough to eat.2 Prior to the pandemic, food insecurity rates had been improving .2 Prior to the pandemic, food insecurity rates had been improving
since the Great Recession.since the Great Recession.3
U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs have been U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs have been
seen as a critical component to combatting food insecurity during the pandemic. At the same seen as a critical component to combatting food insecurity during the pandemic. At the same
time, they have had to adjust to unprecedented administrative chal enges, such as how to enroll time, they have had to adjust to unprecedented administrative chal enges, such as how to enroll
households in benefits remotely and how to reach people who were previously served in households in benefits remotely and how to reach people who were previously served in
institutional settings. Increasing households’ food purchasing power may also be a means of institutional settings. Increasing households’ food purchasing power may also be a means of
economic stimulus. economic stimulus.34 The response of FNS programs to the COVID-19 pandemic has been shaped The response of FNS programs to the COVID-19 pandemic has been shaped
by new federal laws as wel as USDA, states, and providers working under the parameters of the by new federal laws as wel as USDA, states, and providers working under the parameters of the
laws. laws.
This report discusses related provisions of five laws that supplement FNS’s COVID-19 pandemic This report discusses related provisions of five laws that supplement FNS’s COVID-19 pandemic
response with new funds and authorities: response with new funds and authorities:
 Families First Coronavirus Response Act (FFCRA; P.L. 116-127, enacted March  Families First Coronavirus Response Act (FFCRA; P.L. 116-127, enacted March
18, 2020); 18, 2020);
 Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136,  Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136,
enacted March 27, 2020); enacted March 27, 2020);
 Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159,  Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159,
enacted October 1, 2020) (“FY2021 Continuing Appropriations Act”); enacted October 1, 2020) (“FY2021 Continuing Appropriations Act”);
~~ Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260,~~
~~enacted December 27, 2020) (“FY2021 Consolidated Appropriations Act”);4 and~~

1 USDA defines food insecurity “ lack[ing] access to enough food for an active, healthy life for all household 1 USDA defines food insecurity “ lack[ing] access to enough food for an active, healthy life for all household
members.” It is a broader measure than the data on “not having enough to eat” discussed in this paragraph.members.” It is a broader measure than the data on “not having enough to eat” discussed in this paragraph. For further For further
information about food insecurity, see A. Coleman-Jensen, M.P. Rabbitt, and C.A. Gregory, information about food insecurity, see A. Coleman-Jensen, M.P. Rabbitt, and C.A. Gregory, Household Food Security
in the United States in 2019, U.S. Department of Agriculture (USDA), Economic Research Service, September 2020, p. , U.S. Department of Agriculture (USDA), Economic Research Service, September 2020, p.
3, https://www.ers.usda.gov/publications/pub-details/?pubid=99281. 3, https://www.ers.usda.gov/publications/pub-details/?pubid=99281.
2 T he USDA data for 2019 measured not having enough to eat over the past year, as opposed to 2 T he USDA data for 2019 measured not having enough to eat over the past year, as opposed to ~~the~~t he past seven days. past seven days.
U.S. Census Bureau, “Week U.S. Census Bureau, “Week 2521 Household Pulse Survey: Household Pulse Survey: ~~February 17 – March 1~~December 9 – December 21: T able 2b. Food Sufficiency for Households, in the Last 7 Days, by Select Characteristics,” January 6, 2021, https://www.census.gov/data/tables/2020/demo/hhp/hhp21.html and “ Week 33 Household Pulse Survey: June 23–July 5: T able 2. Food Sufficiency for : T able 2. Food Sufficiency for
Households, in the Last 7 Days, by Select Characteristics,” Households, in the Last 7 Days, by Select Characteristics,” ~~March 10~~July 14, 2021, https://www.census.gov/programs-, 2021, https://www.census.gov/programs-
surveys/household-pulse-survey/data.html. CRS divided the number of adults reporting sometimes or often not having surveys/household-pulse-survey/data.html. CRS divided the number of adults reporting sometimes or often not having
enough to eat in the last seven days by the total number of adults minus those who did not report their food sufficiency enough to eat in the last seven days by the total number of adults minus those who did not report their food sufficiency
status. For 2019 figures,status. For 2019 figures, see A. Coleman-Jensen, M.P. Rabbitt, and C.A. Gregory, see A. Coleman-Jensen, M.P. Rabbitt, and C.A. Gregory, Household Food Security in the
United States in 2019, U.S. Department of Agriculture (USDA),, U.S. Department of Agriculture (USDA), Economic Research Service,Economic Research Service, ~~September~~ Sep tember 2020, p. 3, 2020, p. 3,
https://www.ers.usda.gov/publications/pub-details/?pubid=99281. https://www.ers.usda.gov/publications/pub-details/?pubid=99281.
3 3 A. Coleman-Jensen, M.P. Rabbitt, and C.A. Gregory, Household Food Security in the United States in 2019, U.S. Department of Agriculture (USDA), Economic Research Service, September 2020, p. 3, https://www.ers.usda.gov/publications/pub-details/?pubid=99281. 4 Patrick Canning and Rosanna Mentzer Morrison, “Quantifying the Impact of SNAP Benefits on the U.S. Economy Patrick Canning and Rosanna Mentzer Morrison, “Quantifying the Impact of SNAP Benefits on the U.S. Economy
and Jobs,” and Jobs,” Amber Waves Magazine, July 18, 2019, https://www.ers.usda.gov/amber-waves/2019/july/quantifying-the-, July 18, 2019, https://www.ers.usda.gov/amber-waves/2019/july/quantifying-the-
impact -of-snap-benefits-on-the-us-economy-and-jobs/. impact -of-snap-benefits-on-the-us-economy-and-jobs/.
~~4 In between P.L. 116-136 and P.L. 116-260, the House passed two COVID-19 pandemic response bills that were not~~
~~taken up by the Senate. Each of these contained domestic food assistance provisions. T his CRS report only discusses~~
~~enacted laws.~~
~~Congressional Research Service~~

1

~~link to page 8~~ Congressional Research Service 1 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic

  Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260, enacted December 27, 2020) (“FY2021 Consolidated Appropriations Act”);5 and  American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11, American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11,
2021). 2021).
This report also discusses recent Biden Administration plans to This report also discusses recent Biden Administration plans to implement ARPA and to change the administration of some change the administration of some
of the policies included in the 116th Congress laws. On January 22, 2021, President Biden signed of the policies included in the 116th Congress laws. On January 22, 2021, President Biden signed
an executive order requiring federal agencies to “promptly identify an executive order requiring federal agencies to “promptly identify actions they can take within actions they can take within
existing authorities to address the current economic crisis resulting from the pandemic.”existing authorities to address the current economic crisis resulting from the pandemic.”56 On that On that
date, the White House and USDA, pursuant to this executive order, announced plans to change date, the White House and USDA, pursuant to this executive order, announced plans to change
the implementation of certain provisions of the enacted COVID-19 the implementation of certain provisions of the enacted COVID-19 pandemic response laws, pandemic response laws,
particularly through increasing certain benefit amounts.particularly through increasing certain benefit amounts.67
The report also discusses some FNS actions taken to facilitate nutrition assistance program The report also discusses some FNS actions taken to facilitate nutrition assistance program
operations during the pandemic, including waivers of program requirements and new USDA operations during the pandemic, including waivers of program requirements and new USDA
initiatives to respond to food needs. initiatives to respond to food needs.78
Discussion of these laws and actions is organized by program in the sections to follow (e.g., Discussion of these laws and actions is organized by program in the sections to follow (e.g.,
SNAP policies in the four acts are discussed within the same section). SNAP policies in the four acts are discussed within the same section).
USDA FNS COVID-19 Pandemic Response Website
FNS has maintained a website throughout the pandemic that provides a hub for its pandemic guidance and FNS has maintained a website throughout the pandemic that provides a hub for its pandemic guidance and
resources: https://www.fns.usda.gov/coronavirus. resources: https://www.fns.usda.gov/coronavirus.
Many of the policies discussed in this report vary state-by-state. For example, not every state applied for every Many of the policies discussed in this report vary state-by-state. For example, not every state applied for every
available program waiver. The website shows which options a particular state is implementing, or al ows users to available program waiver. The website shows which options a particular state is implementing, or al ows users to
check how common a particular option is. check how common a particular option is.
For nearly every statutory provision, FNS has issued guidance, including question -and-answer documents that For nearly every statutory provision, FNS has issued guidance, including question -and-answer documents that
elaborate upon the requirements in law. The website is a resource for consulting these further policy details. elaborate upon the requirements in law. The website is a resource for consulting these further policy details.
In some cases, FNS has offered program flexibilities under existing authority. For example, the Commodity In some cases, FNS has offered program flexibilities under existing authority. For example, the Commodity
Supplemental Food Program offered new COVID-19 pandemic flexibilities without policy changes in the pandemic Supplemental Food Program offered new COVID-19 pandemic flexibilities without policy changes in the pandemic
response laws. The FNS website is a place to check on program operations aside from those enacted in the new response laws. The FNS website is a place to check on program operations aside from those enacted in the new
laws. laws.
Funding Overview
The COVID-19 pandemic response laws included supplemental funding for USDA nutrition The COVID-19 pandemic response laws included supplemental funding for USDA nutrition
assistance programs. Some of this funding was a finite, specified amount. In other cases, open-assistance programs. Some of this funding was a finite, specified amount. In other cases, open-
~~ended funding was authorized and appropriated in such sums as necessary. A specific ceiling was~~
~~not provided in the laws for the open-ended funding. The Congressional Budget Office (CBO)~~
~~has estimated or is to estimate how that funding is expected to impact direct spending, but those~~
~~estimates do not dictate a ceiling or floor to the spending. Table 1 provides an overview of the~~
~~funding provided by the laws, and related policies are discussed in subsequent sections. Open-~~

5 5 In between P.L. 116-136 and P.L. 116-260, the House passed two COVID-19 pandemic response bills that were not taken up by the Senate. Each of these contained domestic food assistance provisions. T his CRS report only discusses enacted laws. 6 Executive Order 14002, “Economic Relief Related to the COVID-19 Pandemic,” 86 Executive Order 14002, “Economic Relief Related to the COVID-19 Pandemic,” 86 Federal Register 7229-7230, 7229-7230,
January 22, 2021. January 22, 2021.
67 T he White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American T he White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American
Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/
briefing-room/statements-releases/2021/01/22/fact-sheet-president -bidens-new-executive-actions-deliver-economic-briefing-room/statements-releases/2021/01/22/fact-sheet-president -bidens-new-executive-actions-deliver-economic-
relief-for-american-families-and-businesses-amid-the-covid-19-crises/; USDA, “ Biden Administration Expands P -EBT relief-for-american-families-and-businesses-amid-the-covid-19-crises/; USDA, “ Biden Administration Expands P -EBT
to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: USDA Says SNAP Benefits Are to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: USDA Says SNAP Benefits Are
Inadequate for Most Participants and Begins Process to Extend Emergency Allotments to States and Update T hrifty Inadequate for Most Participants and Begins Process to Extend Emergency Allotments to States and Update T hrifty
Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-item/usda-001521. USDA also Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-item/usda-001521. USDA also
announced an update to the T hrifty Food Plan; this an implementation of an earlier, non -pandemic-response law, the announced an update to the T hrifty Food Plan; this an implementation of an earlier, non -pandemic-response law, the
2018 farm bill (P.L. 115-334). 2018 farm bill (P.L. 115-334).
78 USDA, Food and Nutrition Service (FNS), “FNS Responds to COVID-19,” https://www.fns.usda.gov/coronavirus. USDA, Food and Nutrition Service (FNS), “FNS Responds to COVID-19,” https://www.fns.usda.gov/coronavirus.
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link to page link to page 98 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 ~~link to page 9 link to page 9 link to page 9 link to page 10 link to page 10~~ ~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic ended funding was authorized and appropriated in such sums as necessary. A specific ceiling was not provided in the laws for the open-ended funding. The Congressional Budget Office (CBO) has estimated or is to estimate how that funding is expected to impact direct spending, but those estimates do not dictate a ceiling or floor to the spending. Table 1 provides an overview of the funding provided by the laws, and related policies are discussed in subsequent sections. Open-ended funding and CBO scores, when available, are noted but the totals in the table reflect only ended funding and CBO scores, when available, are noted but the totals in the table reflect only
the finite funding provided. While the pandemic response laws did not designate funds the finite funding provided. While the pandemic response laws did not designate funds
specifical y for the Farmers to Families Food Box Program, USDA used specifical y for the Farmers to Families Food Box Program, USDA used ~~the~~ some of the commodity funds listed for this funds listed for this
purpose. purpose.
In the case of P.L. 116-159 and P.L. 116-260, the table only displays the relevant policies and In the case of P.L. 116-159 and P.L. 116-260, the table only displays the relevant policies and
provisions in the divisions noted. These two laws included a continuation of annual funding and provisions in the divisions noted. These two laws included a continuation of annual funding and
FY2021 appropriations for FNS programs respectively, but these funding levels are not included FY2021 appropriations for FNS programs respectively, but these funding levels are not included
~~in the table or this report.~~
in the table or this report. Some of the open-ended funding requires subsequent appropriations action, while some of it is directly appropriated in the pandemic response laws’ provisions. Table 1. Supplemental Appropriations for USDA Nutrition Assistance Programs to
Respond to the COVID-19 Pandemic
(Dol ars in mil ions) (Dol ars in mil ions)

FY2021
FY2021
Continuing
Consolidated
Appropriations
Appropriations
FFCRA
CARES
Act
Act
(P.L. 116-
Act (P.L.
(P.L. 116-159),
(P.L. 116-260),
ARPA
127)
116-136)
Division D
Division N
(P.L. 117-2)
Nutrition Assistance
(March 18,
(March
(October 1,
(December 27,
(March 11,
Program or Activity
2020)
27, 2020)
2020)
2020)
2021)
Supplemental Nutrition Assistance Supplemental Nutrition Assistance

Program (SNAP) account Program (SNAP) account

Pandemic EBT Pandemic EBT
Open-ended Open-ended

Open-ended Open-ended
Open-ended Open-ended
Open-ended Open-ended
fundin fundinga

fundin fundingb
fundin fundingc
fundin fundingd
SNAP time limit suspension, SNAP time limit suspension,
Open-ended Open-ended

emergency al otments emergency al otments
fundin fundinge

SNAP contingency reserve SNAP contingency reserve

$15,510 $15,510

SNAP administrative SNAP administrative

Open-ended Open-ended

flexibilities flexibilities

fundin fundingb
SNAP administrative SNAP administrative

expenses expenses

$100 $100
$1,150 $1,150
SNAP 15% increase SNAP 15% increase

Open-ended Open-ended
Open-ended Open-ended

fundin fundingc
fundin fundingf
SNAP income exclusion, and SNAP income exclusion, and

Open-ended Open-ended

student provisions student provisions

fundin fundingc
SNAP online purchasing SNAP online purchasing

$5 $5
$25 $25
Northern Mariana Islands, Northern Mariana Islands,
$100 $100
$200 $200

$614 $614
$1,000 $1,000
Puerto Rico, American Puerto Rico, American
Samoa Samoa
Food Distribution Program Food Distribution Program

$100 $100

~~on Indian Reservations~~

~~Child Nutrition Programs~~

~~$8,800~~

~~Open-ended~~
~~Open-ended~~
~~Open-ended~~
~~funding for~~
~~funding for new~~
~~funding for new~~
~~waiversb program optioncg~~
~~program optionh~~
~~The Emergency Food Assistance~~
~~$400~~
~~$450~~

~~$400~~

~~Programi (TEFAP)~~

~~Commodity Supplemental Food~~

~~$13j~~
~~$37~~
~~Program (CSFP)~~

~~Congressional Research Service~~

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on Indian Reservations Congressional Research Service 3 link to page 9 link to page 9 link to page 9 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic

FY2021
FY2021
Continuing
Consolidated
Appropriations
Appropriations
FFCRA
CARES
Act
Act
(P.L. 116-
Act (P.L.
(P.L. 116-159),
(P.L. 116-260),
ARPA
127)
116-136)
Division D
Division N
(P.L. 117-2)
Nutrition Assistance
(March 18,
(March
(October 1,
(December 27,
(March 11,
Program or Activity
2020)
27, 2020)
2020)
2020)
2021)
~~Special Supplemental Nutrition~~

~~Program for Women, Infants, and~~
~~Children (WIC)~~

~~Supplemental funding~~
~~$500~~

~~Waivers~~

~~Open-ended~~

~~funding~~

~~Cash-Value Voucher Increase~~

~~$490~~
~~Program Modernization~~

~~$390~~
~~USDA Food Purchases/Farmers to~~
~~Open-ended~~
~~$500l~~

~~$1,500m~~
~~Open-ended~~
~~Families Food Box Program~~
~~funding for~~
~~funding for~~
~~USDA food~~
~~USDA food~~
~~purchasesk~~
~~purchasesk~~
~~Gus Schumacher Nutrition~~

Child Nutrition Programs $8,800 Open-ended Open-ended Open-ended funding for funding for new funding for new waiversb program optioncg program optionh The Emergency Food Assistance $400 $450 $400 j,k Programi (TEFAP) Open-ended $500m $1,900j $500k; open- USDA commodity purchases fundingl ended fundingl Commodity Supplemental Food $13n $37 Program (CSFP) Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Supplemental funding $500 Waivers Open-ended funding Cash-Value Voucher Increase $490 Program Modernization $390 Gus Schumacher Nutrition $70 $70

Incentive Program (GuSNIP) Incentive Program (GuSNIP)

Total (not including open-
(only open
ended funding estimates)
$~~900~~1,000
$25,560

ended)
$~~2,632~~3,102
$3,~~092~~592
Source: Compiled by the Congressional Research Service (CRS) based on the specified laws. Congressional Compiled by the Congressional Research Service (CRS) based on the specified laws. Congressional
Budget Office cost estimates for H.R. 6201 (April 2, 2020); H.R. 748 (April 16, 2020); H.R. 8337 (September 23, Budget Office cost estimates for H.R. 6201 (April 2, 2020); H.R. 748 (April 16, 2020); H.R. 8337 (September 23,
2020); H.R. 133, P.L. 116-260, Division N (January 14, 2021); Reconciliation Recommendations of the House 2020); H.R. 133, P.L. 116-260, Division N (January 14, 2021); Reconciliation Recommendations of the House
Committee on Agriculture (February 13, 2021); Reconciliation Recommendations of the House Committee on Committee on Agriculture (February 13, 2021); Reconciliation Recommendations of the House Committee on
Education and Labor (February 15, 2021). Education and Labor (February 15, 2021).
Notes: Al funding in this table is designated as emergency and does not count against budget caps. Emergency Al funding in this table is designated as emergency and does not count against budget caps. Emergency
Meals to You funding is included in the Child Nutrition Program row. Funding for the Disaster Household Meals to You funding is included in the Child Nutrition Program row. Funding for the Disaster Household
Distribution program is not available and not included in the table. Distribution program is not available and not included in the table.
a. CBO stated in its estimate that this spending is expected to replace spending on child nutrition programs a. CBO stated in its estimate that this spending is expected to replace spending on child nutrition programs
and therefore does not have a net cost. and therefore does not have a net cost.
b. For b. For al open-ended mandatory funding nutrition provisions in P.L. 116-159 listed in the table, CBO open-ended mandatory funding nutrition provisions in P.L. 116-159 listed in the table, CBO
estimated a total of $8.063 bil ion in budget authority for FY2021 and $8.121 bil ion for the 10 -year budget estimated a total of $8.063 bil ion in budget authority for FY2021 and $8.121 bil ion for the 10 -year budget
window (FY2021-FY2030). window (FY2021-FY2030).
c. CBO has estimated that P.L. 116-260, Division N, Title VII (Nutrition and Agriculture Relief) provisions c. CBO has estimated that P.L. 116-260, Division N, Title VII (Nutrition and Agriculture Relief) provisions
increase direct spending by $24.917 bil ion in budget authority for FY2021 and $25.697 bil ion for the 10 - increase direct spending by $24.917 bil ion in budget authority for FY2021 and $25.697 bil ion for the 10 -
year budget window (FY2021-FY2030). These estimates include nutrition and agriculture provisions, and year budget window (FY2021-FY2030). These estimates include nutrition and agriculture provisions, and
include open-ended and capped funding. include open-ended and capped funding.
d. CBO estimated that these changes would cost $5.560 bil ion over the 2021 -2030 period. d. CBO estimated that these changes would cost $5.560 bil ion over the 2021 -2030 period.
e. CBO estimated that together these changes would increase open-ended spending for benefits by a total of e. CBO estimated that together these changes would increase open-ended spending for benefits by a total of
$21.2 bil ion in FY2020 and FY2022. The provision did not appropriate this funding. $21.2 bil ion in FY2020 and FY2022. The provision did not appropriate this funding.
f. f.
CBO estimated that these changes would cost $3.54 bil ion in FY2021. CBO estimated that these changes would cost $3.54 bil ion in FY2021.
Congressional Research Service 4 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic g. P.L. 116-260 provided open-ended mandatory funding for a program to cover a proportion of financial g. P.L. 116-260 provided open-ended mandatory funding for a program to cover a proportion of financial
losses experienced by some child nutrition program providers during the early months of the pandemic. losses experienced by some child nutrition program providers during the early months of the pandemic.
h. P.L. 117-2 provided open-ended mandatory funding for meal and snack reimbursements for individuals ages h. P.L. 117-2 provided open-ended mandatory funding for meal and snack reimbursements for individuals ages
19-24 served by CACFP-participating emergency shelters. CBO has estimated that this policy would cost a 19-24 served by CACFP-participating emergency shelters. CBO has estimated that this policy would cost a
total of $180 mil ion, spent in FY2021 and FY2022. total of $180 mil ion, spent in FY2021 and FY2022.
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~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

i. i.
States may use up to $100 mil ion of the funding provided by P.L. 116-127, up to $150 mil ion of the funding States may use up to $100 mil ion of the funding provided by P.L. 116-127, up to $150 mil ion of the funding
provided by P.L. 116-136, and up to 20% ($80 mil ion) of the funding provided by P.L. 116-260 for food provided by P.L. 116-136, and up to 20% ($80 mil ion) of the funding provided by P.L. 116-260 for food
storage and distribution costs. storage and distribution costs.
j. j.
~~Up to 20% ($2.6 mil ion) of the funding may be used for state administrative expenses.~~
k. Section 751 of P.L. 116-260 (Division N) provided no less than $1.5 bil ion for USDA to, among other purposes, “purchase and distribute agricultural products … to individuals in need, including through delivery to nonprofit organizations that can receive, store, and distribute food items.” Using this authority, USDA spent $1.4 bil ion on the Farmers to Families Food Box program and al ocated $500 mil ion for TEFAP as of the date of this report. k. Section 1001 of P.L. 117-2 provided $3.7 bil ion for USDA to, among other purposes, “purchase and distribute agricultural commodities … to individuals in need, including through delivery to nonprofit organizations and through restaurants and other food related entities, as determined by the Secretary, that may receive, store, process, and distribute food items.” Using this authority, USDA al ocated $500 mil ion for TEFAP as of the date of this report. l. This funding is for USDA to “purchase commodities for emergency distribution in any area of the United This funding is for USDA to “purchase commodities for emergency distribution in any area of the United
States during a public health emergency designation.”States during a public health emergency designation.” P.L. 116-127 (§1101(g)) enacted on March 18, 2020, P.L. 116-127 (§1101(g)) enacted on March 18, 2020,
authorized funding through September 30, 2020. Using this authority, USDA spent nearly $4 bil ion on the authorized funding through September 30, 2020. Using this authority, USDA spent nearly $4 bil ion on the
first three rounds of the Farmers to Families Food Box Program. P.L. 117-2 (§1108), enacted on March 11, first three rounds of the Farmers to Families Food Box Program. P.L. 117-2 (§1108), enacted on March 11,
2021, removed the expiration date. 2021, removed the expiration date.
l.
m. USDA used $500 mil ion in unobligated funds for the Office of the Agricultural Secretary from the CARES USDA used $500 mil ion in unobligated funds for the Office of the Agricultural Secretary from the CARES
Act (P.L. 116-136) for the Farmers to Families Food Box Program, according to CRS correspondence with Act (P.L. 116-136) for the Farmers to Families Food Box Program, according to CRS correspondence with
USDA’s Agricultural Marketing Service on November 19, 2020. USDA’s Agricultural Marketing Service on November 19, 2020.
~~m. This funding was for USDA “to purchase and distribute agricultural products … to individuals in need,~~
~~including through delivery to nonprofit organizations that can receive, store, and distribute food items,”~~
~~among other purposes (P.L. 116-260, Division N, §751).~~
n. Up to 20% ($2.6 mil ion) of the funding may be used for state administrative expenses. Supplemental Nutrition Assistance Program (SNAP)
The COVID-19 pandemic has posed a number of chal enges for SNAP. To address the economic The COVID-19 pandemic has posed a number of chal enges for SNAP. To address the economic
downturn and increased unemployment, the laws have included temporary benefit increases as downturn and increased unemployment, the laws have included temporary benefit increases as
wel as a requirement for the partial suspension of certain work-related eligibility rules. The laws wel as a requirement for the partial suspension of certain work-related eligibility rules. The laws
also have granted USDA authority to offer administrative flexibilities to SNAP state agencies, also have granted USDA authority to offer administrative flexibilities to SNAP state agencies,
responding to the constraints of social distancing, remote work, and higher rates of new SNAP responding to the constraints of social distancing, remote work, and higher rates of new SNAP
participants. participants.
FY2020 participation and spending data for SNAP FY2020 participation and spending data for SNAP ~~reflects~~reflect increases in participation and spending increases in participation and spending
during the pandemic.during the pandemic.89 Focusing on participation in March 2020 (the month the pandemic was Focusing on participation in March 2020 (the month the pandemic was
declared) through September 2020 (the end of the fiscal year), a monthly average of 41.7 mil ion declared) through September 2020 (the end of the fiscal year), a monthly average of 41.7 mil ion
people received SNAP benefits, as compared to the first months of FY2020 (October 2019 people received SNAP benefits, as compared to the first months of FY2020 (October 2019
through February 2020) when an average of 37.3 mil ion people received SNAP benefits. through February 2020) when an average of 37.3 mil ion people received SNAP benefits.
Program costs were $60.4 bil ion in FY2019 and $78.9 bil ion in FY2020, an $18.5 bil ion (31%) Program costs were $60.4 bil ion in FY2019 and $78.9 bil ion in FY2020, an $18.5 bil ion (31%)
increase for the full year. increase for the full year.
SNAP’s funding is largely open-ended mandatory appropriations. To the extent to which the SNAP’s funding is largely open-ended mandatory appropriations. To the extent to which the
COVID-19 pandemic response laws change eligibility for SNAP benefits or the calculation of COVID-19 pandemic response laws change eligibility for SNAP benefits or the calculation of
those benefits, the laws create the budget authority to expend already appropriated funds for those those benefits, the laws create the budget authority to expend already appropriated funds for those
benefits. In some cases, supplemental funding for policies was appropriated within the same law benefits. In some cases, supplemental funding for policies was appropriated within the same law
~~authorizing a change in policy; in others, funding was provided for the purpose in subsequent~~
~~laws. These issues are discussed below.~~
~~SNAP Benefit Increases and Waivers~~
~~Emergency Allotment Increases~~
~~FFCRA provided for temporary SNAP benefit increases during the COVID-19 public health~~
~~emergency; this provision applies only when both a public health emergency under Section 319~~
~~of the Public Health Service Act and a state emergency have been declared.9 The law required~~

~~8 Data in this paragraph is from USDA, FNS, Keydata Report (September 2020 data), available at~~
~~https://www.fns.usda.gov/data/january-keydata-report -september-2020-data.~~
~~9 P.L. 116-127, Division B, T itle III, §2302(a). This provision is authorized only when both federal and state~~
~~emergencies are in place, specifically: “in the event of a public health emergency declaration by the Secretary of Health~~
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9 Data in this paragraph is from USDA, FNS, Keydata Report (September 2020 data), available at https://www.fns.usda.gov/data/january-keydata-report -september-2020-data. Congressional Research Service 5 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic authorizing a change in policy; in others, funding was provided for the purpose in subsequent laws. These issues are discussed below. SNAP Benefit Increases and Waivers Over the course of the 116th and 117th Congresses, COVID-19 response laws provided several increases to SNAP benefits. First, FFCRA provided emergency al otments up to the maximum benefit amount; these particular increases were expanded under the Biden Administration’s interpretation of the law. Then, the FY2021 Consolidated Appropriations Act increased the maximum benefit amount, and ARPA extended the duration of this increase through September 30, 2021. Separate from the pandemic response laws, the Biden Administration has implemented a provision of the 2018 farm bil creating an across-the-board increase to SNAP benefits scheduled to take effect October 1, 2021. Emergency Allotment Increases FFCRA provided for temporary SNAP benefit increases during the COVID-19 public health emergency; this provision applies only when both (1) a public health emergency under Section 319 of the Public Health Service Act and (2) a state emergency have been declared.10 Prior to this policy, SNAP benefits were calculated by subtracting a share of the household’s net income from a maximum benefit; some but not al households received the maximum benefit.11 With emergency al otments, the law required USDA to grant SNAP state agencies’ requests that are ~~USDA to grant SNAP state agencies’ requests that are~~ supported “with sufficient data (as supported “with sufficient data (as
determined by [USDA]).” The increases are “to address temporary food needs not greater than determined by [USDA]).” The increases are “to address temporary food needs not greater than
the applicable maximum monthly al otment for the household size.” the applicable maximum monthly al otment for the household size.” ~~As of December 2020~~For much of the pandemic, al 53 ~~, al 53~~
SNAP state agencies were providing these SNAP state agencies were providing these emergency al otments, but the number of states doing so has begun to fal as their respective state emergency declarations have ended.12 The Trump and Biden Administrations implemented the emergency al otments policy differently. During the Trump Administration, USDA interpreted the emergency al otments increase as ~~emergency al otments.~~
~~During the Trump Administration, USDA’s interpretation was that the increase is~~ available for available for
any household who would any household who would ~~otherwise~~ have been eligible for less than the maximum benefit. have been eligible for less than the maximum benefit. These These
households then households then would receive the maximum benefit amount. Under this interpretation, households receive the maximum benefit amount. Under this interpretation, households
already receiving the maximum al otment already receiving the maximum al otment dodid not receive not receive an any emergency al otment increase. This interpretation increase. This interpretation ~~has been~~
was the subject of litigation.the subject of litigation.10
~~Under the Biden Administration’s January 22 executive order, USDA announced it is reviewing~~
13 10 P.L. 116-127, Division B, T itle III, §2302(a). This provision is authorized only when both federal and state emergencies are in place, specifically: “in the event of a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID-19) and the issuance of an emergency or disaster declaration by a State based on an outbreak of COVID-19.” (emphasis added). 11 For a summary of income eligibility and benefit calculation, see CRS Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Prim er on Eligibility and Benefits. 12 For example, 53 SNAP state agencies provided emergency allotments in December 2020, and 37 SNAP state agencies provided them in August 2021. USDA-FNS website, https://www.fns.usda.gov/snap/covid-19-emergency-allotments-guidance (accessed August 6, 2021). 13 See, for example, Gilliam v. United States Dep't of Agric., 2020 U.S. Dist. LEXIS 166171 at 1 (E.D. Pa. Sept. 11, 2020), Hall v. United States Dep't of Agric., 467 F.Supp.3d (N.D. Cal. June 17, 2020). See also Kate Giammarise, “'Just Scraping By’: Families in PA Waiting on Additional Food Stamps as Court Fight Continues,” WESA, December 3, 2020, https://www.wesa.fm/post/just-scraping-families-pa-waiting-additional-food-stamps-court -fight -continues#stream/0. Congressional Research Service 6 link to page 13 link to page 14 link to page 14 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic The Biden Administration reviewed its authority to al ow states to provide emergency al otments on top of the maximum benefit its authority to al ow states to provide emergency al otments on top of the maximum benefit to
~~those households eligible for the maximum benefit under the pre-pandemic authorizing law.11~~14 and ultimately implemented an increase for the households that were receiving the maximum pre-emergency al otment.15 Under April 1, 2021, guidance, the Biden Administration updated the prior Administration’s guidance to provide an emergency al otments minimum increase of $95 to al households.16 Those that received no prior increase would get $95 and those with a prior increase of less than $95 would receive the difference.
Temporary 15% Increase to Maximum Monthly Benefits
The FY2021 Consolidated Appropriations Act provided the authority and funding for a 15% The FY2021 Consolidated Appropriations Act provided the authority and funding for a 15%
increase to FY2021 maximum SNAP benefit amounts for January through June 2021.increase to FY2021 maximum SNAP benefit amounts for January through June 2021.1217 ARPA ARPA
extended this increase through September 2021.extended this increase through September 2021.13
~~Table 2~~ ~~displays~~18 The basis for SNAP’s maximum benefit is a USDA-created and -calculated set of market baskets cal ed the Thrifty Food Plan, a way to determine the contents and therefore costs of meeting dietary needs under low resource constraints.19 Table 2 displays, in the middle column, the temporary maximum benefit amounts for households in 48 states and the the temporary maximum benefit amounts for households in 48 states and the
District of Columbia based on household size, under this January-September 2021 increase.District of Columbia based on household size, under this January-September 2021 increase.1420 As As
discussed above, under the Trump Administration’s implementation of the emergency al otments, discussed above, under the Trump Administration’s implementation of the emergency al otments,
especial y at the height of the pandemic, virtual y al SNAP participants virtual y al SNAP participants ~~are receiving the~~received this maximum benefit. maximum benefit. IfDuring the Biden Administration the Biden Administration
~~changes this~~, states with active emergency emergency al otments policies provided amounts greater than those displayed in the middle column. (Increases displayed in the last column are discussed later in this section under “Thrifty Food Plan Increase for FY2022.”) The enacted law also requires USDA~~al otment policy, it is possible that some households might receive SNAP~~
~~assistance at greater amounts than those displayed here; these details have not been released as of~~
~~the date of this report.~~
~~USDA is required~~ to carry out the temporary increase in particular ways, al owing flexibility for to carry out the temporary increase in particular ways, al owing flexibility for
states.states.1521 For example, USDA is to require a simple process for states to For example, USDA is to require a simple process for states to notify households of the increase, and errors in the implementation of this section are not to be included in the calculation of a state’s payment error rate. 14~~notify households of the~~

~~and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease~~
~~2019 (COVID-19) and the issuance of an emergency or disaster declaration by a State based on an outbreak of~~
~~COVID-19.” (emphasis added).~~
~~10 See, for example, Gilliam v. United States Dep't of Agric., 2020 U.S. Dist. LEXIS 166171 at 1 (E.D. Pa. Sept. 11,~~
~~2020), Hall v. United States Dep't of Agric., 467 F.Supp.3d (N.D. Cal. June 17, 2020). See also Kate Giammarise,~~
~~“'Just Scraping By’: Families in PA Waiting on Additional Food Stamps as Court Fight Co ntinues,” WESA, December~~
~~3, 2020, https://www.wesa.fm/post/just-scraping-families-pa-waiting-additional-food-stamps-court -fight -continues#~~
~~stream/0.~~
11 T he White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American T he White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American
Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/
briefing-room/statements-releases/2021/01/22/fact-sheet-president -bidens-new-executive-actions-deliver-economic-briefing-room/statements-releases/2021/01/22/fact-sheet-president -bidens-new-executive-actions-deliver-economic-
relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “ Biden relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “ Biden
Administration Expands P -EBT to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: Administration Expands P -EBT to Benefit Millions of Low-Income and Food Insecure Children During Pandemic:
USDA Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments USDA Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments
to States and Update T hrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-to States and Update T hrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-
item/usda-001521.item/usda-001521.
~~12 P.L. 116-260, Division N, T itle VII, §702(a).~~
13 15 USDA, FNS, Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments, memo to All SNAP State Agencies et al., April 1, 2021, https://www.fns.usda.gov/sites/default/files/resource-files/fns-determination-regarding-enhanced-emergency-allotments.pdf. 16 See further details at USDA, FNS, Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments, memo to All SNAP State Agencies et al., April 1, 2021 , https://www.fns.usda.gov/sites/default/files/resource-files/fns-determination-regarding-enhanced-emergency-allotments.pdf. 17 P.L. 116-260, Division N, T itle VII, §702(a). 18 P.L. 117-2, §1101(a), amending P.L. 116-260, Division N, T itle VII, §702(a). P.L. 117-2, §1101(a), amending P.L. 116-260, Division N, T itle VII, §702(a).
1419 See USDA, FNS, “SNAP and T he T hrifty Food Plan,” August 17, 2021, https://www.fns.usda.gov/snap/thriftyfoodplan. 20 Alaska, Guam, Hawaii, and the U.S. Virgin Islands each have higher FY2021 benefit amounts and therefore higher Alaska, Guam, Hawaii, and the U.S. Virgin Islands each have higher FY2021 benefit amounts and therefore higher
amounts under the temporary increase. USDA, FNS, amounts under the temporary increase. USDA, FNS, SNAP-Tem porary Increase in Maxim um Allotm ents due to
COVID-19, Memo to All State Agencies, December 28, 2020, https://www.fns.usda.gov/sites/default/files/resource-, Memo to All State Agencies, December 28, 2020, https://www.fns.usda.gov/sites/default/files/resource-
files/SNAP%20T emp%20Increase%20in%20Max%20Allotments%files/SNAP%20T emp%20Increase%20in%20Max%20Allotments%~~20 COVID_12~~20COVID_12.28.20.pdf.28.20.pdf . 21.
15 P.L. 116-260, Division N, T itle VII, §702(b). P.L. 116-260, Division N, T itle VII, §702(b).
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~~increase, and errors in the implementation of this section are not to be included in the calculation~~
~~of a state’s payment error rate.~~
~~Table 2. 15% Increase to SNAP Maximum Monthly Benefits,~~
~~January-September 2021~~
Table 2. SNAP Maximum Monthly Benefits Before, During, and After COVID-19 Pandemic Response Laws’ 15% Increase 48 States and the District of Columbia 48 States and the District of Columbia
~~FY2021~~FY2022 Maximum Benefit
FY2021 Maximum Benefit Maximum Benefit Under
~~Household~~(Thrifty Food
Before Increase
Temporary ~~Increase~~
~~Size~~Increasek Plan update) Household
(October 1-December 31, ~~2020)~~
~~(January 1, 2021-September 30, 2021)~~
1
~~$204~~
~~$234~~
2
~~$374~~
~~$430~~
3
~~$535~~
~~$616~~
4
~~$680~~
~~$782~~
5
~~$807~~
~~$929~~
6
~~$969~~
~~$1,114~~
7
~~$1,071~~
~~$1,232~~
8
~~$1,224~~
~~$1,408~~
~~Each additional~~
~~person~~
~~$153~~
~~$176~~ (January 1, 2021- (October 1, 2021- Size 2020) September 30, 2021) September 30, 2022) 1 $204 $234 $250 2 $374 $430 $459 3 $535 $616 $658 4 $680 $782 $835 5 $807 $929 $992 6 $969 $1,114 $1,190 7 $1,071 $1,232 $1,316 8 $1,224 $1,408 $1,504 Each additional person $153 $176 $188
Source: USDA, FNS, USDA, FNS, SNAP-Temporary Increase in Maximum Al otments due to COVID-19, Memo to Al State , Memo to Al State
Agencies, December 28, 2020, https://www.fns.usda.gov/sites/default/files/resource-files/SNAP %20Temp%20Agencies, December 28, 2020, https://www.fns.usda.gov/sites/default/files/resource-files/SNAP %20Temp%20
Increase%20in%20Max%20Al otments%20COVID_12.28.20.pdfIncrease%20in%20Max%20Al otments%20COVID_12.28.20.pdf; USDA, FNS, SNAP – Fiscal Year 2022 Cost-of-Living Adjustments, August 16, 2021, https://www.fns.usda.gov/snap/fy-2022-cost-living-adjustments. .
Notes: Alaska, Guam, Hawai , and the U.S. Virgin Islands each have higher FY2021 benefit amounts and Alaska, Guam, Hawai , and the U.S. Virgin Islands each have higher FY2021 benefit amounts and
therefore higher amounts under the temporary increase. See the memo cited in the source for these benefit therefore higher amounts under the temporary increase. See the memo cited in the source for these benefit
amounts. amounts.
FY2022 benefit amounts reflect the Administration’s recent (August 16, 2021) action re-evaluating the “Thrifty Food Plan,” SNAP law’s basis for household benefit amounts. a. Under April 2021 Biden Administration revised emergency al otments guidance, some households may receive as much as $95 above these amounts. Administrative Flexibilities
FFCRA al owed USDA to adjust (through guidance and based on states’ requests) administrative FFCRA al owed USDA to adjust (through guidance and based on states’ requests) administrative
requirements like benefit issuance and household reporting requirements.requirements like benefit issuance and household reporting requirements.1622 In initial y In initial y
implementing this provision, USDA offered and extended blanket waivers for states’ implementing this provision, USDA offered and extended blanket waivers for states’
recertification requirements, providing additional flexibility on interview timelines, certification recertification requirements, providing additional flexibility on interview timelines, certification
periods, and protocols for the program’s Quality Control system, a state-federal system periods, and protocols for the program’s Quality Control system, a state-federal system
established to measure payment accuracy in the program. Beginning in July and August 2020, established to measure payment accuracy in the program. Beginning in July and August 2020,
USDA declined states’ requests to continue these waivers. USDA declined states’ requests to continue these waivers.1723
The FY2021 Continuing Appropriations Act required USDA to extend specified administrative The FY2021 Continuing Appropriations Act required USDA to extend specified administrative
flexibilities, creating a variety of administrative flexibilities for states to operate SNAP, flexibilities, creating a variety of administrative flexibilities for states to operate SNAP,
particularly in recertifying currently participating households.particularly in recertifying currently participating households.1824 Examples of these state options ~~Examples of these state options~~
~~include extending certification periods for households whose SNAP benefits are set to expire on~~
~~or before June 30, 2021, and al owing simplified reporting requirements for SNAP households~~

1622 P.L. 116-127, Division A, T itle I, §1101(b). P.L. 116-127, Division A, T itle I, §1101(b).
1723 See, for example, Julie Zauzmer, “USDA will end coronavirus exception, making SNAP recipients prove their See, for example, Julie Zauzmer, “USDA will end coronavirus exception, making SNAP recipients prove their
income again to get food stamps,” income again to get food stamps,” Washington Post, July 31, 2020, https://www.washingtonpost.com/dc-md-va/2020/, July 31, 2020, https://www.washingtonpost.com/dc-md-va/2020/
07/31/usda-will-end-coronavirus-exception-making-snap-recipients-prove-their-income-again-keep-getting-food-07/31/usda-will-end-coronavirus-exception-making-snap-recipients-prove-their-income-again-keep-getting-food-
stamps/. stamps/.
1824 P.L. 116-159, Division D, T itle VI, §4603(a). P.L. 116-159, Division D, T itle VI, §4603(a).
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include extending certification periods for households whose SNAP benefits were set to expire on or before June 30, 2021, and al owing simplified reporting requirements for SNAP households with recertification set to expire on or before December 31, 2021. States are required to notify with recertification set to expire on or before December 31, 2021. States are required to notify
USDA of their selected options, but the options are not subject to USDA approval. The provision USDA of their selected options, but the options are not subject to USDA approval. The provision
also authorized and appropriated open-ended mandatory funding for these policy changes. also authorized and appropriated open-ended mandatory funding for these policy changes.
Thrifty Food Plan Increase for FY2022 Separate from the implementation of the COVID-19 pandemic response laws discussed in this report, on August 16, 2021, the Biden Administration announced its reevaluation of and update to the Thrifty Food Plan, ultimately increasing benefits for FY2022 and future years.25 The Administration’s plans to work on this were included in implementation of a January 2021 executive order. The contents of the Thrifty Food Plan were last updated by USDA in 2006, and the 2018 farm bil required USDA to reevaluate the Thrifty Food Plan by FY2022 and every five years thereafter.26 While the maximum benefit amounts were announced for FY2022 (displayed in Table 2), sustained increases relative to FY2021 can be expected for future years, as the law states that this new base is adjusted for inflation yearly. The Administration’s update wil increase the maximum benefit, creating maximum benefit amounts slightly greater than those afforded during the 15% increases in FY2021. USDA’s analysis estimates that the cost of this nutritious lowest-cost diet is 21% higher than that used in the current Thrifty Food Plan (i.e., the amounts pre-January 1, 2021). Some of the factors that explain the increase are the inclusion of more convenience foods, higher caloric assumptions, and more nutrient-dense foods.27 The exact increase per person or per household wil vary case-by-case. USDA estimates an average increase of over $36 per person per month as compared to the maximum benefits in place prior to the pandemic response increases.28 Excluding Federal Pandemic Unemployment Compensation from
SNAP Income
The FY2021 Consolidated Appropriations Act excluded Federal Pandemic Unemployment The FY2021 Consolidated Appropriations Act excluded Federal Pandemic Unemployment
Compensation (FPUC) payments from being counted as income or resources in SNAP Compensation (FPUC) payments from being counted as income or resources in SNAP
applications. applications.1929 It also provided the associated open-ended funding for benefit increases. It also provided the associated open-ended funding for benefit increases.
Many of the COVID-19 pandemic response laws contained expansions and extensions of Many of the COVID-19 pandemic response laws contained expansions and extensions of
unemployment insurance.unemployment insurance.2030 The SNAP exclusion in the FY2021 Consolidated Appropriations Act The SNAP exclusion in the FY2021 Consolidated Appropriations Act
applies to a portion of the payments, the “pandemic unemployment compensation” payments, applies to a portion of the payments, the “pandemic unemployment compensation” payments,
25 USDA, “USDA Modernizes the T hrifty Food Plan, Updates SNAP Benefits,” press release, August 16, 2021, https://www.usda.gov/media/press-releases/2021/08/16/usda-modernizes-thrifty-food-plan-updates-snap-benefits. 26 P.L. 115-334, §4002, amending Section 3(u) of the Food and Nutrition Act of 2008 (codified at 7 U.S.C. §2012(u). 27 USDA, FNS, Thrifty Food Plan, 2021, August 2021, pp. 34-35, https://www.fns.usda.gov/resource/thrifty-food-plan-2021. 28 USDA, “USDA Modernizes the T hrifty food Plan, Updates SNAP Benefits,” press release, August 16, 2021, https://www.usda.gov/media/press-releases/2021/08/16/usda-modernizes-thrifty-food-plan-updates-snap-benefits. 29 P.L. 116-260, Division N, T itle VII, §702(d). FPUC is summarized in CRS In Focus IF11723, Unemployment Insurance Provisions in the Consolidated Appropriations Act, 2021 (Division N, Title II, Subtitle A, the Continued Assistance for Unem ployed Workers Act of 2020), by Katelin P. Isaacs and Julie M. Whittaker. 30 See the “Enacted Laws in the 116th Congress” section in CRS Report R45478, Unemployment Insurance: Legislative Issues in the 116th Congress, by Julie M. Whittaker and Katelin P. Isaacs. Congressional Research Service 9 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic which are the additional $300 per week provided under this law, and enacted earlier in the which are the additional $300 per week provided under this law, and enacted earlier in the
CARES Act at $600 per week. Until the FY2021 Consolidated Appropriations Act, these CARES Act at $600 per week. Until the FY2021 Consolidated Appropriations Act, these
payments were counted as income for SNAP households. FPUC, under ARPA’s extension of the payments were counted as income for SNAP households. FPUC, under ARPA’s extension of the
program, continues to be excluded from SNAP income.program, continues to be excluded from SNAP income.2131 Under current law, though, FPUC wil not be payable after September 4, 2021.32
SNAP eligibility and benefit calculation is primarily determined using a household’s gross SNAP eligibility and benefit calculation is primarily determined using a household’s gross
income and, in some states, resources (also cal ed assets) are counted as wel . Gross income is income and, in some states, resources (also cal ed assets) are counted as wel . Gross income is ~~all~~
al household income with the exception of a limited list of income sources that are excluded in household income with the exception of a limited list of income sources that are excluded in
statute. Prior to the change made by the FY2021 Consolidated Appropriations Act, al statute. Prior to the change made by the FY2021 Consolidated Appropriations Act, al
unemployment insurance was counted as income in a household SNAP application. The change is unemployment insurance was counted as income in a household SNAP application. The change is
to expand SNAP eligibility for some, but not al , households receiving unemployment insurance to expand SNAP eligibility for some, but not al , households receiving unemployment insurance
income. income.
SNAP Work-Related and Student Eligibility Rules
Work-Related Requirements
SNAP’s authorizing law has long included work-related eligibility requirements, the strictest SNAP’s authorizing law has long included work-related eligibility requirements, the strictest
being a time limit for nondisabled adults (ages 18 to 49) without dependents (ABAWDs) who being a time limit for nondisabled adults (ages 18 to 49) without dependents (ABAWDs) who
work less than 80 hours per month.work less than 80 hours per month.2233 FFCRA partial y suspended this time limit nationwide FFCRA partial y suspended this time limit nationwide
during the period of the Secretary of Health and Human Services’ public health emergency during the period of the Secretary of Health and Human Services’ public health emergency
declaration, al owing new and continuing participants who would have lost eligibility due to the declaration, al owing new and continuing participants who would have lost eligibility due to the
time limit to continue to receive benefits. time limit to continue to receive benefits.23

~~19 P.L. 116-260, Division N, T itle VII, §702(d). FPUC is summarized in CRS In Focus IF11723,~~ ~~Unemployment~~
~~Insurance Provisions in the Consolidated Appropriations Act, 2021 (Division N, Title II, Subtitle A, the Continued~~
~~Assistance for Unem ployed Workers Act of 2020), by Katelin P. Isaacs and Julie M. Whittaker.~~
~~20 See “Enacted Laws in the 116th Congress” in CRS Report R45478,~~ ~~Unemployment Insurance: Legislative Issues in~~
~~the 116th Congress, by Julie M. Whittaker and Katelin P. Isaacs.~~
~~21 See~~34 Separately, on March 13, 2020, a federal court temporarily blocked part of a December 2019 USDA final rule that would have narrowed states’ authority to waive the time limit, and which would have taken effect in part on April 1.35 The court acknowledged that the global pandemic highlighted the need to provide government officials with flexibility to address their constituents’ nutritional needs “and ensure their wel -being through programs like SNAP.”36 Following the preliminary injunction, on October 18, 2020, the court struck down the rule in its entirety.37 On March 24, 2021, the Biden Administration announced that the U.S. Court of Appeals for the D.C. 31 See treatment of FPUC and other American Rescue Plan economic payments discussed in Jessica Shahin, Jessica Shahin, SNAP Provisions in the ~~American~~Am erican Rescue Plan Act of 2021 , USDA,, USDA, FNS, Memo to SNAP State FNS, Memo to SNAP State
Agencies and Regions, March 12, 2021, Agencies and Regions, March 12, 2021, pp. 2-3 https://www.fns.usda.gov/snap/provisions-american-rescue-plan-act-2021.https://www.fns.usda.gov/snap/provisions-american-rescue-plan-act-2021. 32 September 5, 2021, in New York. See CRS Report R46687, Current Status of Unemployment Insurance (UI) Benefits: Perm anent-Law Program s and COVID-19 Pandem ic Response. 33
22 T ime limits are summarized in CRS Report R42505, T ime limits are summarized in CRS Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Primer
on Eligibility and Benefits. .
23 34 P.L. 116-127, Division B, T itle III, §2301. FNS guidance, March 20, 2020, available at https://www.fns.usda.gov/ P.L. 116-127, Division B, T itle III, §2301. FNS guidance, March 20, 2020, available at https://www.fns.usda.gov/
snap/ffcra-impact -time-limit-abawds. Regarding public health emergency background, see CRS Report R46219, snap/ffcra-impact -time-limit-abawds. Regarding public health emergency background, see CRS Report R46219,
Overview of U.S. Dom estic Response to Coronavirus Disease 2019 (COVID-19)~~, coordinated by Sarah A. Lister and~~
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~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

~~Separately, on March 13, 2020, a federal court temporarily blocked part of a December 2019~~
~~USDA final rule that would have narrowed states’ authority to waive the time limit, and which~~
~~would have taken effect in part on April 1.24 The court acknowledged that the global pandemic~~
~~highlighted the need to provide government officials with flexibility to address their constituents ’~~
~~nutritional needs “and ensure their wel -being through programs like SNAP.”25 Following the~~
~~preliminary injunction, on October 18, 2020, the court struck down the rule in its entirety.26 On~~
~~March 24, 2021, the Biden Administration announced that the U.S. Court of Appeals for the D.C.~~
. 35 District of Columbia v. United States Dep't of Agric., 444 F. Supp. 3d, 1, 6-7 (D.D.C. 2020). 36 Ibid at 5. 37 District of Columbia, et al. v. United States Dep't of Agric., __ F. Supp. 3d __, 2020 U.S. Dist. LEXIS 192508 at 5 -11 (D.D.C. Oct. 18, 2020). On December 16, 2020, the T rump Administration appealed the District Court decision (see House Committee on Agriculture, “Fudge Slams Administration for Appealing ABAWD Ruling,” press release, December 16, 2020, https://agriculture.house.gov/news/documentsingle.aspx?DocumentID=2069). Congressional Research Service 10 link to page 18 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic Circuit has al owed it to withdraw the Trump Administration’s appeal; the Administration plans, Circuit has al owed it to withdraw the Trump Administration’s appeal; the Administration plans,
after the COVID-19 suspension, to return to long-standing time limit rules. after the COVID-19 suspension, to return to long-standing time limit rules.2738
Student Eligibility
Many students attending higher education Many students attending higher education less than half-time are also subject to the time limit for are also subject to the time limit for
non-disabled adults discussed above. During the pandemic, the suspension enacted by FFCRA non-disabled adults discussed above. During the pandemic, the suspension enacted by FFCRA
would apply to them. However, students of higher education attending would apply to them. However, students of higher education attending half-time or greater are are
subject to a different requirement, a student disqualification rule.subject to a different requirement, a student disqualification rule.2839 Students working 20 hours or Students working 20 hours or
more per week, or students meeting one of a list of other exceptions, may be eligible for SNAP more per week, or students meeting one of a list of other exceptions, may be eligible for SNAP
benefits;benefits;2940 otherwise, students attending half-time or greater are not eligible for SNAP. FFCRA’s otherwise, students attending half-time or greater are not eligible for SNAP. FFCRA’s
suspension in March 2020 did not suspend the student disqualification rule, leaving the student suspension in March 2020 did not suspend the student disqualification rule, leaving the student
disqualification in place for students attending half-time or greater until the FY2021 Consolidated disqualification in place for students attending half-time or greater until the FY2021 Consolidated
Appropriations Act was passed in December. Appropriations Act was passed in December.
The FY2021 Consolidated Appropriations Act then suspended the student disqualification rule for The FY2021 Consolidated Appropriations Act then suspended the student disqualification rule for
certain students during the public health emergency.certain students during the public health emergency.3041 The suspension of the rule applies to The suspension of the rule applies to
students enrolled at least half-time in an institution of higher education who students enrolled at least half-time in an institution of higher education who
 are eligible to participate in a state or federal y financed work study program, or  are eligible to participate in a state or federal y financed work study program, or
 have an expected family contribution of $0 on their Free Application for Federal  have an expected family contribution of $0 on their Free Application for Federal
Student Aid (FAFSA). Student Aid (FAFSA).
These students would not be subject to the student disqualification rule, but would stil need to These students would not be subject to the student disqualification rule, but would stil need to
meet SNAP’s other eligibility rules, such as income eligibility. meet SNAP’s other eligibility rules, such as income eligibility.

~~Kavya Sekar.~~
~~24 District of Columbia v. United States Dep't of Agric., 444 F. Supp. 3d, 1, 6-7 (D.D.C. 2020).~~
~~25 Ibid at 5.~~
~~26 District of Columbia, et al. v. United States Dep't of Agric., __ F. Supp. 3d __, 2020 U.S. Dist. LEXIS 192508 at 5 -~~
~~11 (D.D.C. Oct. 18, 2020). On December 16, 2020, the T rump Administration appealed the District Court decision ( see~~
~~House Committee on Agriculture, “Fudge Slams Administration for Appealing ABAWD Ruling,” press release,~~
~~December 16, 2020, https://agriculture.house.gov/news/documentsingle.aspx?DocumentID=2069).~~
~~27 U.S. Department of Agriculture, "Statement by Agriculture Secretary T om Vilsack on D.C. Circuit Court's Decision~~
~~Regarding ABAWDs Rule,"~~ This provision also requires that the Secretary of Education, in consultation with the Secretary of Agriculture and institutions of higher education, carry out activities to inform students of these temporary student eligibility requirements. The law appropriates funding for the provision. SNAP-Related Funding For the most part, the SNAP provisions discussed above provide such sums as are necessary or authorize an eligible purpose for funding in the SNAP account. Of the four COVID-19 pandemic response laws, the CARES Act and FY2021 Consolidated Appropriations Act appropriated finite sums of funding for SNAP. These are discussed below. Funding provided to Puerto Rico, American Samoa, and the Northern Mariana Islands is discussed in the “Nutrition Assistance Funding for Certain Territories” section. 38 U.S. Department of Agriculture, “Statement by Agriculture Secretary T om Vilsack on D.C. Circuit Court’s Decision Regarding ABAWDs Rule,” press release, March 24, 2021, https://www.usda.gov/media/press- press release, March 24, 2021, https://www.usda.gov/media/press-
releases/2021/03/24/releases/2021/03/24/~~statement~~statement -agriculture-secretary-tom-vilsack-dc-circuit-courts. -agriculture-secretary-tom-vilsack-dc-circuit-courts.
28 39 Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. §2015(e)). Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. §2015(e)).
2940 Exceptions for students (1) under 18 years old or age 50 or older; (2) disabled; (3) enrolled in school because of Exceptions for students (1) under 18 years old or age 50 or older; (2) disabled; (3) enrolled in school because of
participation in specified programs; (4) employed at least 20 hours per week or participates in a workparticipation in specified programs; (4) employed at least 20 hours per week or participates in a work -study program -study program
during the school year; (5) certain parent (based largely on age of the child); or (6) receiving T ANF benefits. during the school year; (5) certain parent (based largely on age of the child); or (6) receiving T ANF benefits.
30 41 P.L. 116-260, Division N, T itle VII, §702(e). T he provision is in effect for initial applications until 30 days after the P.L. 116-260, Division N, T itle VII, §702(e). T he provision is in effect for initial applications until 30 days after the
COVID-19 public health emergency is lifted. It is in effect for recertification until no earlier than 30 days after COVID-19 public health emergency is lifted. It is in effect for recertification until no earlier than 30 days after ~~t he~~the
COVID-19 public health emergency is lifted. COVID-19 public health emergency is lifted.
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~~link to page 16~~ 11 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic ~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

~~This provision also requires that the Secretary of Education, in consultation with the Secretary of~~
~~Agriculture and institutions of higher education, carry out activities to inform students of these~~
~~temporary student eligibility requirements.~~
~~The law appropriates funding for the provision.~~
~~SNAP-Related Funding~~
~~For the most part, the SNAP provisions discussed above provide such sums as are necessary or~~
~~authorize an eligible purpose for funding in the SNAP account. Of the four COVID-19 pandemic~~
~~response laws, the CARES Act and FY2021 Consolidated Appropriations Act appropriated finite~~
~~sums of funding for SNAP. These are discussed below.~~
~~Funding provided to Puerto Rico, American Samoa, and the Northern Mariana Islands is~~
~~discussed in the “Nutrition Assistance Funding for Certain Territories” section.~~
Funds in the CARES Act
The CARES Act provided $15.8 bil ion for the SNAP account. This includes $15.5 bil ion in The CARES Act provided $15.8 bil ion for the SNAP account. This includes $15.5 bil ion in
contingency reserve for SNAP participation should earlier budget estimates be exceeded. contingency reserve for SNAP participation should earlier budget estimates be exceeded.
According to information provided by FNS, the $15.5 bil ion contingency was al obligated in According to information provided by FNS, the $15.5 bil ion contingency was al obligated in
FY2020. The funds were primarily used to support providing the emergency al otments, FY2020. The funds were primarily used to support providing the emergency al otments,
authorized in FFCRA, to SNAP households. authorized in FFCRA, to SNAP households.3142
Funds in the FY2021 Consolidated Appropriations Act and ARPA
  State administrative expenses. State administrative costs are typical y shared . State administrative costs are typical y shared
50/50 between SNAP state agencies and the federal government. P.L. 116-260 50/50 between SNAP state agencies and the federal government. P.L. 116-260
provided $100 mil ion in federal funding for FY2021.provided $100 mil ion in federal funding for FY2021.3243 This is 100% federal This is 100% federal
funding and does not require a match. The provision al ocates the funds funding and does not require a match. The provision al ocates the funds
according to a formula that considers primarily the state’s share of SNAP according to a formula that considers primarily the state’s share of SNAP
households and secondarily the increase in the state’s SNAP participation over 12 households and secondarily the increase in the state’s SNAP participation over 12
months. ARPA added $1.15 bil ion to this funding.months. ARPA added $1.15 bil ion to this funding.3344 The funding is to be The funding is to be
obligated in FY2021, FY2022, and FY2023. obligated in FY2021, FY2022, and FY2023.
  Additional assistance for SNAP online purchasing and technological
improvements..3445 Prior to the pandemic, FNS had begun to pilot online Prior to the pandemic, FNS had begun to pilot online
redemption of SNAP benefits. In the first months of the pandemic, FNS redemption of SNAP benefits. In the first months of the pandemic, FNS
expanded the number of states able to participate in the pilot; for most of 2020, expanded the number of states able to participate in the pilot; for most of 2020,
large national retailers were able to take part. P.L. 116-260 provided $5 mil ion to large national retailers were able to take part. P.L. 116-260 provided $5 mil ion to
be split among three purposes: (1) additional support for FNS to test systems and be split among three purposes: (1) additional support for FNS to test systems and
provide technical assistance to retailers; (2) cooperative agreements or grants to provide technical assistance to retailers; (2) cooperative agreements or grants to
provide assistance to direct-marketing farmers and farmers’ markets; and (3) provide assistance to direct-marketing farmers and farmers’ markets; and (3)
issuance innovation and technology improvement support (this includes issuance innovation and technology improvement support (this includes
development work regarding the mobile technologies projects authorized by the development work regarding the mobile technologies projects authorized by the

~~31 Email communication with USDA, FNS, October 2020.~~
~~32 P.L. 116-260, Division N, T itle VII, §702(c).~~
~~33 P.L. 117-2, §1101(b).~~
~~34 P.L. 116-260, Division N, T itle VII, §703; P.L. 117-2, §1102.~~
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2014 farm bil and testing methods to modernize EBT).2014 farm bil and testing methods to modernize EBT).3546 ARPA provided $25 ARPA provided $25
mil ion to USDA, available through FY2026, for four purposes: (1) to make mil ion to USDA, available through FY2026, for four purposes: (1) to make
technological improvements to SNAP online purchasing, (2) to modernize EBT technological improvements to SNAP online purchasing, (2) to modernize EBT
technology, (3) to support mobile technology projects, and (4) to provide technology, (3) to support mobile technology projects, and (4) to provide
specified technical assistance to retailers. specified technical assistance to retailers.
  Gus Schumacher Nutrition Incentive Program (GuSNIP)..3647 This program, This program,
administered by USDA’s National Institute of Food and Agriculture (NIFA), administered by USDA’s National Institute of Food and Agriculture (NIFA),
provides grants for SNAP bonus incentive projects as wel as fruit and vegetable provides grants for SNAP bonus incentive projects as wel as fruit and vegetable
prescription programs. P.L. 116-260 provided an additional $75 mil ion for prescription programs. P.L. 116-260 provided an additional $75 mil ion for
GuSNIP, which USDA is authorized to use to reduce grantees’ match rate, waive GuSNIP, which USDA is authorized to use to reduce grantees’ match rate, waive
maximum grant amounts, and provide additional funding to ongoing grants. maximum grant amounts, and provide additional funding to ongoing grants.
42 Email communication with USDA, FNS, October 2020. 43 P.L. 116-260, Division N, T itle VII, §702(c). 44 P.L. 117-2, §1101(b). 45 P.L. 116-260, Division N, T itle VII, §703; P.L. 117-2, §1102. 46 Of the $5 million, no more than $1 million may be used for the first purpose and no more than $1 million may be used for the second purpose. 47 P.L. 116-260, Division N, T itle VII, §755. For program background, see CRS Report R46538, Local and Urban Food System s: Selected Farm Bill and Other Federal Program s. Congressional Research Service 12 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic Nutrition Assistance Funding for Certain Territories
Puerto Rico, American Samoa, and the Northern Mariana Islands, do not operate a SNAP Puerto Rico, American Samoa, and the Northern Mariana Islands, do not operate a SNAP
program. Instead, they operate programs funded by Nutrition Assistance Program block grants in program. Instead, they operate programs funded by Nutrition Assistance Program block grants in
lieu of SNAP.lieu of SNAP.3748 Whereas SNAP is open-ended mandatory spending and can expand and contract Whereas SNAP is open-ended mandatory spending and can expand and contract
with economic need, these block grants are limited in their spending without supplemental with economic need, these block grants are limited in their spending without supplemental
appropriations. The SNAP policies that expand eligibility or increase benefit amounts do not appropriations. The SNAP policies that expand eligibility or increase benefit amounts do not
apply to these territories—they apply to the states or territories that operate SNAP. apply to these territories—they apply to the states or territories that operate SNAP.
FFCRA provided $100 mil ion for grants to these territories for nutrition assistance “in response FFCRA provided $100 mil ion for grants to these territories for nutrition assistance “in response
to a COVID-19 public health emergency.” to a COVID-19 public health emergency.”38
49 The CARES Act provided $200 mil ion for these territories’ nutrition programs. The CARES Act provided $200 mil ion for these territories’ nutrition programs.
The FY2021 Continuing Appropriations Act did not provide additional funding to the nutrition The FY2021 Continuing Appropriations Act did not provide additional funding to the nutrition
assistance block grants. However, it did expand the definition of assistance block grants. However, it did expand the definition of ~~“state”~~state in the Pandemic in the Pandemic
Electronic Benefit Transfer (P-EBT) program. Until this change, only jurisdictions operating Electronic Benefit Transfer (P-EBT) program. Until this change, only jurisdictions operating
SNAP had been authorized and funded to operate the program (P-EBT is discussed further in the SNAP had been authorized and funded to operate the program (P-EBT is discussed further in the
next next section). section).
The FY2021 Consolidated Appropriations Act provided $614 mil ion for USDA to fund nutrition The FY2021 Consolidated Appropriations Act provided $614 mil ion for USDA to fund nutrition
assistance in response to a COVID-19 public health emergency.assistance in response to a COVID-19 public health emergency.3950 The funds are available through The funds are available through
FY2021, and $14 mil ion is set aside for the Commonwealth of the Northern Mariana Islands. FY2021, and $14 mil ion is set aside for the Commonwealth of the Northern Mariana Islands.
ARPA provided an additional $1 bil ion, with $30 mil ion set aside for Commonwealth of the ARPA provided an additional $1 bil ion, with $30 mil ion set aside for Commonwealth of the
Northern Mariana Islands. Northern Mariana Islands.40

~~35 Of the $5 million, no more than $1 million may be used for the first purpose and no more than $1 million may be~~
~~used for the second purpose.~~
~~36 P.L. 116-260, Division N, T itle VII, §755. For program background, see CRS Report R46538,~~ ~~Local and Urban~~
~~Food System s: Selected Farm Bill and Other Federal Program s~~.
3751 Pandemic Electronic Benefit Transfer (P-EBT) FFCRA established the new P-EBT program, and subsequent laws extended and expanded it. According to USDA-FNS data, the program issued benefits to an average of 6.9 mil ion people per month in March through September 2020 and cost $10.7 bil ion.52 Establishment of P-EBT FFCRA created P-EBT as an option for states to provide a SNAP-like benefit, when a school is closed five or more days, to households with children who would have received free or reduced-price school meals if not for the closure.53 The new program was initial y authorized to operate until September 30, 2020, though it was later extended.54 48 For program history, see Anne Peterson, Bryan Johnson, and Benjamin E. Moulton et al., For program history, see Anne Peterson, Bryan Johnson, and Benjamin E. Moulton et al., Implementing
Supplem ental Nutrition Assistance Program in Puerto Rico: A Feasibility Study , USDA, FNS, June 2010, pp. 7-16, , USDA, FNS, June 2010, pp. 7-16,
https://www.fns.usda.gov/snap/implementing-supplemental-nutrition-assistance-program-puerto-rico-feasibility-study. https://www.fns.usda.gov/snap/implementing-supplemental-nutrition-assistance-program-puerto-rico-feasibility-study.
38 49 P.L. 116-127, Division A, T itle I, §1102. P.L. 116-127, Division A, T itle I, §1102.
3950 P.L. 116-260, Division N, T itle VII, §704. P.L. 116-260, Division N, T itle VII, §704.
4051 P.L. 117-2, §1103. 52 USDA, FNS, Keydata Report (September 2020 data), available at https://www.fns.usda.gov/data/january-keydata-report -september-2020-data. 53 P.L. 116-127, Division A, T itle I, Section 1101. 54 T his program was last available in FY2010 (during the H1N1 flu pandemic), having been enacted in an FY2010 appropriations law (P.L. 111-80, §746). It was called P -SNAP in agency guidance at t hat time. However, unlike what is Congressional Research Service 13 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic ~~P.L. 117-2, §1103.~~
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~~Pandemic Electronic Benefit Transfer (P-EBT)~~
~~FFCRA established the new P-EBT program, and subsequent laws extended and expanded it.~~
~~According to USDA-FNS data, the program issued benefits to an average of 6.9 mil ion people~~
~~per month in March through September 2020 and cost $10.7 bil ion.41~~
~~Establishment of P-EBT~~
~~FFCRA created P-EBT as an option for states to provide a SNAP-like benefit, when a school is~~
~~closed five or more days, to households with children who would have received free or reduced-~~
~~price school meals if not for the closure.42 The new program was initial y authorized to operate~~
~~until September 30, 2020, though it was later extended.43~~
The benefit amount is equal to at least five days of free meal reimbursements per week. The The benefit amount is equal to at least five days of free meal reimbursements per week. The
Trump Administration authorized this minimum five-day amount. The Biden Administration has Trump Administration authorized this minimum five-day amount. The Biden Administration has
announced that it wil increase P-EBT benefit amounts by 15%.announced that it wil increase P-EBT benefit amounts by 15%.4455 January 29, 2021, guidance January 29, 2021, guidance
shows that the current Administration achieves this increase by including the cost of a free snack shows that the current Administration achieves this increase by including the cost of a free snack
reimbursement, raising the daily rate to $6.82 in the contiguous states. reimbursement, raising the daily rate to $6.82 in the contiguous states.4556
Like SNAP, households can use these benefits to purchase groceries at SNAP-authorized retailers. Like SNAP, households can use these benefits to purchase groceries at SNAP-authorized retailers.
FFCRA authorized this program for FY2020. FNS’s guidance on the program answers a variety FFCRA authorized this program for FY2020. FNS’s guidance on the program answers a variety
of questions about program operations.of questions about program operations.4657 In order to identify eligible children and issue benefits, In order to identify eligible children and issue benefits,
the P-EBT program is typical y administered as a partnership between a state’s SNAP and child the P-EBT program is typical y administered as a partnership between a state’s SNAP and child
nutrition agencies. nutrition agencies.
FFCRA authorized and appropriated open-ended funding for P-EBT. FNS interpreted the FFCRA authorized and appropriated open-ended funding for P-EBT. FNS interpreted the
provision as funding 100% of P-EBT benefits and 50% of state administrative costs.provision as funding 100% of P-EBT benefits and 50% of state administrative costs.4758 As As
established, the program was only open to jurisdictions operating SNAP. As of July 10, 2020, 50 established, the program was only open to jurisdictions operating SNAP. As of July 10, 2020, 50

~~41 USDA, FNS, Keydata Report (September 2020 data), available at https://www.fns.usda.gov/data/january-keydata-~~
~~report -september-2020-data.~~
~~42 P.L. 116-127, Division A, T itle I, Section 1101.~~
~~43 T his program was last available in FY2010 (during the H1N1 flu pandemic), having been enacted in an FY2010~~
~~appropriations law (P.L. 111-80, §746). It was called P -SNAP in agency guidance at t hat time. However, unlike what is~~
states, the District of Columbia, and the U.S. Virgin Islands were approved to operate P-EBT in school year 2019-2020.59 P-EBT Extension and Expansion Though the program expired September 30, 2020, it was extended shortly thereafter in the FY2021 Continuing Appropriations Act.60 This law original y extended the program through FY2021, and then ARPA removed date limits to the program, instead authorizing P-EBT for any school year in which there is a COVID-19 public health emergency declaration.61 ARPA also amended the program to al ow operation during summer months. Among other changes, the FY2021 Continuing Appropriations Act expanded the program to include  schools with reduced attendance hours due to the pandemic (expanding the program beyond only closed schools); and happening during the current pandemic, no SNAP state agencies ever administered P -SNAP. happening during the current pandemic, no SNAP state agencies ever administered P -SNAP.
4455 T he White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American T he White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American
Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/
briefing-room/statements-releases/2021/01/22/fact-sheet-president -bidens-new-executive-actions-deliver-economic-briefing-room/statements-releases/2021/01/22/fact-sheet-president -bidens-new-executive-actions-deliver-economic-
relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “ Biden relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “ Biden
Administration Expands P -EBT to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: Administration Expands P -EBT to Benefit Millions of Low-Income and Food Insecure Children During Pandemic:
USDA Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments USDA Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments
to States and Update T hrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-to States and Update T hrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-
item/usda-001521. item/usda-001521.
45 56 Jessica Shahin and Cindy Long, Jessica Shahin and Cindy Long, Pandemic EBT - State Plans for 2020-2021, USDA, FNS, Memo , USDA, FNS, Memo tot o SNAP State SNAP State
Agencies and Child Nutrition State Agencies, January 29, 2021, https://www.fns.usda.gov/sites/default/files/resource-Agencies and Child Nutrition State Agencies, January 29, 2021, https://www.fns.usda.gov/sites/default/files/resource-
files/Pandemic%20EBT %20%E2%80%93%20State%20Plans%20for%202020-2021%20Schools%20and%20files/Pandemic%20EBT %20%E2%80%93%20State%20Plans%20for%202020-2021%20Schools%20and%20
Child%20Care%20January%202021%20Attachment%202%20Template.pdf. Guidance allows states to increase Child%20Care%20January%202021%20Attachment%202%20Template.pdf. Guidance allows states to increase
benefits retroactively for school year 2020 -2021. benefits retroactively for school year 2020 -2021.
4657 See FNS guidance at https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt. See FNS guidance at https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt.
4758 See USDA, FNS, Pandemic EBT (P -EBT ) Questions and Answers, April 15, 2020. 59 Guam is the only SNAP-operating jurisdiction that had not been approved. Puerto Rico, American Samoa, and the Northern Mariana Islands receive block grants for nutrition assistance in lieu of SNAP. FNS has interpreted the FFCRA provision, as originally enacted, as only applying to SNAP jurisdictions. 60 P.L. 116-159, Division D, T itle VI, Section 4601. 61 P.L. 117-2, §1108, amending P.L. 116-127, §1101. Congressional Research Service 14 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic ~~See USDA, FNS, Pandemic EBT (P -EBT ) Questions and Answers, April 15, 2020.~~
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~~states, the District of Columbia, and the U.S. Virgin Islands were approved to operate P-EBT in~~
~~school year 2019-2020.48~~
~~P-EBT Extension and Expansion~~
~~Though the program expired September 30, 2020, it was extended shortly thereafter in the~~
~~FY2021 Continuing Appropriations Act.49 This law original y extended the program through~~
~~FY2021, and then ARPA removed date limits to the program, instead authorizing P-EBT for any~~
~~school year in which there is a COVID-19 public health emergency declaration.50 ARPA also~~
~~amended the program to al ow operation during summer months.~~
~~Among other changes, the FY2021 Continuing Appropriations Act expanded the program to~~
~~include~~
~~ schools with reduced attendance hours due to the pandemic (expanding the~~
~~program beyond only closed schools); and~~
 children in SNAP households enrolled in child care facilities affected by  children in SNAP households enrolled in child care facilities affected by
pandemic closures and reduced hours, as specified in the law. pandemic closures and reduced hours, as specified in the law.
The FY2021 Continuing Appropriations Act also amended the definition of The FY2021 Continuing Appropriations Act also amended the definition of state in the P-EBT in the P-EBT
provisions to include Puerto Rico, American Samoa, and the Northern Mariana Islands. ARPA provisions to include Puerto Rico, American Samoa, and the Northern Mariana Islands. ARPA
elaborated that young children participating in these programs are also eligible for the child care elaborated that young children participating in these programs are also eligible for the child care
expansion. expansion.
Following the initial extension and expansion of the program, the FY2021 Consolidated Following the initial extension and expansion of the program, the FY2021 Consolidated
Appropriations Act included program flexibilities to simplify administration of the potential Appropriations Act included program flexibilities to simplify administration of the potential
expansions beyond closed schools and to young children.expansions beyond closed schools and to young children.5162 The law al ows states to deem The law al ows states to deem
children under six years old in households receiving SNAP benefits as enrolled in covered child children under six years old in households receiving SNAP benefits as enrolled in covered child
care facilities. Also, the law al ows for states to use “best feasibly available” data to determine care facilities. Also, the law al ows for states to use “best feasibly available” data to determine
school closures and reduced attendance. The Biden Administration published guidance for state school closures and reduced attendance. The Biden Administration published guidance for state
plans, including guidance for implementing the expanded options for the FY2021 Consolidated plans, including guidance for implementing the expanded options for the FY2021 Consolidated
Appropriations Act. Appropriations Act.52
~~According to the FNS website, as of March 16, 2021, 25 states and Puerto Rico have been~~
~~approved to operate P-EBT for school year 2020-2021, not yet reaching the capacity of the prior~~
~~school year.~~
~~Child Nutrition Programs~~
~~The federal child nutrition programs include the National School Lunch Program (NSLP) and~~
~~School Breakfast Program (SBP) (together, the school meals programs), the Summer Food~~
Service Program (SFSP) and Seamless Summer Option (SSO) (together, the summer meals

~~48 Guam is the only SNAP-operating jurisdiction that had not been approved. Puerto Rico, American Samoa, and the~~
~~Northern Mariana Islands receive block grants for nutrition assistance in lieu of SNAP. FNS has interpreted the FFCRA~~
~~provision, as originally enacted, as only applying to SNAP jurisdictions.~~
~~49 P.L. 116-159, Division D, T itle VI, Section 4601.~~
~~50 P.L. 117-2, §1108, amending P.L. 116-127, §1101.~~
~~51 P.L. 116-260, Division N, T itle VII, §721.~~
~~52 Resources available at USDA, FNS, “State Guidance on Coronavirus Pandemic EBT (P -EBT ),”~~
~~https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt.~~
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63 As of August 5, 2021, according to the FNS website, 49 states, the District of Columbia (DC), Puerto Rico, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands were approved to operate P-EBT for school year 2020-2021. Thirty-five states, DC, and Puerto Rico have been approved to operate Summer P-EBT.64 Child Nutrition Programs The federal child nutrition programs include the National School Lunch Program (NSLP) and School Breakfast Program (SBP) (together, the school meals programs), the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) (together, the summer meals programs), and the Child and Adult Care Food Program (CACFP), among others.), and the Child and Adult Care Food Program (CACFP), among others.5365 The pandemic The pandemic
response for these programs has included an expansion of USDA’s ability to waive child nutrition response for these programs has included an expansion of USDA’s ability to waive child nutrition
program requirements, the temporary ability for providers to serve free meals to al program requirements, the temporary ability for providers to serve free meals to al ~~children~~c hildren, and , and
a new program to cover financial losses for meal providers. a new program to cover financial losses for meal providers.
Overview of Changes to Existing Programs and Waiver Authorities
When schools started closing in March 2020 due to the COVID-19 pandemic, many school When schools started closing in March 2020 due to the COVID-19 pandemic, many school
districts and nonprofit organizations began operating the summer meals programs, which, per districts and nonprofit organizations began operating the summer meals programs, which, per
existing program regulations and guidance, could operate during “unanticipated school closures” existing program regulations and guidance, could operate during “unanticipated school closures”
between October and April with state agency approval (USDA subsequently waived this between October and April with state agency approval (USDA subsequently waived this
62 P.L. 116-260, Division N, T itle VII, §721. 63 Resources available at USDA, FNS, “State Guidance on Coronavirus Pandemic EBT (P -EBT ),” https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt. 64 Ibid. 65 For background on child nutrition programs, see CRS Report R46234, School Meals and Other Child Nutrition Program s: Background and Funding. Congressional Research Service 15 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic requirement for school year 2020-2021).66~~requirement for school year 2020-2021).54~~ Other school districts continued operating the school Other school districts continued operating the school
meals programs, which USDA clarified could operate during periods of virtual learning. meals programs, which USDA clarified could operate during periods of virtual learning.5567
Also starting in March 2020, USDA issued waivers of certain child nutrition program Also starting in March 2020, USDA issued waivers of certain child nutrition program
requirements in response to the pandemic. For example, one of the first waivers USDA issued requirements in response to the pandemic. For example, one of the first waivers USDA issued
was to suspend the requirement that children consume meals in group settings.was to suspend the requirement that children consume meals in group settings.5668 USDA issued USDA issued
some of these initial waivers using authority under Section 12(l) of the Richard B. Russel some of these initial waivers using authority under Section 12(l) of the Richard B. Russel
National School Lunch Act (codified at 42 U.S.C. §1760(l)), which gives USDA the authority to National School Lunch Act (codified at 42 U.S.C. §1760(l)), which gives USDA the authority to
approve waiver requests from state agencies and institutions on a case-by-case basis. approve waiver requests from state agencies and institutions on a case-by-case basis.5769
On March 11, 2020, FFCRA expanded the types of child nutrition program waivers that USDA is On March 11, 2020, FFCRA expanded the types of child nutrition program waivers that USDA is
al owed to issue during the pandemic: al owed to issue during the pandemic:
 Section 2102 of FFCRA al ows USDA to grant waivers that increase federal costs  Section 2102 of FFCRA al ows USDA to grant waivers that increase federal costs
for the purpose of providing meals and snacks during a COVID-19 pandemic- for the purpose of providing meals and snacks during a COVID-19 pandemic-
related school closure. There is no specific expiration date for this authority. related school closure. There is no specific expiration date for this authority.
 Section 2202 of FFCRA al ows USDA to issue waivers on a nationwide (rather  Section 2202 of FFCRA al ows USDA to issue waivers on a nationwide (rather
than individual state or provider) basis, al ows USDA to waive nutritional than individual state or provider) basis, al ows USDA to waive nutritional
requirements in child nutrition programs if there is a food “supply chain requirements in child nutrition programs if there is a food “supply chain
disruption” due to the COVID-19 pandemic, and specifies that USDA may grant disruption” due to the COVID-19 pandemic, and specifies that USDA may grant
waivers to al ow non-congregate feeding in CACFP. The waiver authority under waivers to al ow non-congregate feeding in CACFP. The waiver authority under
Section 2202 was original y set to expire on September 30, 2020, but was Section 2202 was original y set to expire on September 30, 2020, but was

~~53 For background on child nutrition programs, see CRS Report R46234,~~ ~~School Meals and Other Child Nutrition~~
~~Program s: Background and Funding~~.
54extended by the FY2021 Continuing Appropriations Act through September 30, 2021.70 USDA has used the authority under FFCRA to issue a number of waivers during the pandemic.71 One of these—the area eligibility waiver—al ows school districts and nonprofits to serve free meals to al children (without eligibility determinations) through the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) (which is normal y only al owed in areas where at least 50% of children qualify for F/RP meals).72 The Trump Administration made this 66 For SFSP periods of operation, see, for example, 7 C.F.R. §§225.6(b)(4) and 225.14(a). For SSO periods of For SFSP periods of operation, see, for example, 7 C.F.R. §§225.6(b)(4) and 225.14(a). For SSO periods of
operation, see USDA, FNS, “operation, see USDA, FNS, “ Comparison of Programs: SFSP/NSLP/Seamless Option,” January 22, 2015, https://fns-Comparison of Programs: SFSP/NSLP/Seamless Option,” January 22, 2015, https://fns-
prod.azureedge.net/sites/default/files/SFSP_SeamlessComparisonChart.pdf. If a school meets the definition of having a prod.azureedge.net/sites/default/files/SFSP_SeamlessComparisonChart.pdf. If a school meets the definition of having a
continuous school calendar (7 C.F.R. §225.2), then SFSP or SSO may be operated during an unanticipated school (7 C.F.R. §225.2), then SFSP or SSO may be operated during an unanticipated school
closure at any time of the year with state agency approval. T he summer meal programs normally operate between May closure at any time of the year with state agency approval. T he summer meal programs normally operate between May
and September for children on school vacation. USDA, FNS, “ Nationwide Waiver to Allow SFSP and Seamless and September for children on school vacation. USDA, FNS, “ Nationwide Waiver to Allow SFSP and Seamless
Summer Option Operations through SY 2020 -2021–Extension,” October 9, 2020, https://www.fns.usda.gov/cn/covid-Summer Option Operations through SY 2020 -2021–Extension,” October 9, 2020, https://www.fns.usda.gov/cn/covid-
19-response-59. 19-response-59.
5567 USDA, FNS, “ COVID-19 Congregate Meal Waivers & Q&As on Summer Meal USDA, FNS, “ COVID-19 Congregate Meal Waivers & Q&As on Summer Meal ~~Delivery~~Deliv ery Using Existing Using Existing
Authority,” April 4, 2020, https://www.fns.usda.gov/sfsp/covid-19/covid-19-meal-delivery. Authority,” April 4, 2020, https://www.fns.usda.gov/sfsp/covid-19/covid-19-meal-delivery.
5668 Ibid. Ibid.
5769 Section 12(l) prohibits certain types of waivers, including waivers that increase federal costs, relate to the nutritional Section 12(l) prohibits certain types of waivers, including waivers that increase federal costs, relate to the nutritional
content of meals served, and/or relate to the provision of free and reduced price meals. content of meals served, and/or relate to the provision of free and reduced price meals.
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~~link to page 21~~ ~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

~~extended by the FY2021 Continuing Appropriations Act through September 30,~~
~~2021.58~~
~~USDA has used the authority under FFCRA to issue a number of waivers during the pandemic.59~~
~~One of these—the area eligibility waiver—al ows school districts and nonprofits to serve free~~
~~meals to al children (without eligibility determinations) through the summer meals programs~~
~~(normal y, this is only al owed in areas where more than half of children qualify for free or~~
~~reduced-price meals).60 USDA provided this option to al states starting on May 6, 2020, and has~~
~~continued to al ow free meals to be served through the summer meal programs during school year~~
~~2020-2021 and summer 2021 (ending September 30, 2021).61~~70 P.L. 116-159, Division D, T itle VI, §4602(a). 71 For a list of child nutrition program waivers that USDA has issued during the pandemic, see USDA FNS, “ Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-responds-covid-19/child-nutrition-covid-19-waivers. 72 USDA, FNS, “COVID–19: Child Nutrition Response #77,” FNS-GD-2021-0017, March 9, 2021, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-77. Congressional Research Service 16 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic option available to al states starting on May 6, 2020, and continued the option through school year 2020-2021.73 For school year 2021-2022, the Biden Administration announced that school districts in states that opt into the waiver may choose to operate under a different policy; specifical y, they may choose to operate SSO through June 30, 2022, serve free meals to al children without eligibility determinations, and receive the higher SFSP reimbursement rates.74 School districts are not required to School districts are not required to
~~participate in this option and may instead operate the school meals programs~~participate under the SSO waiver, and may instead choose to operate NSLP and/or SBP, which require , which require
eligibility determinations for eligibility determinations for ~~free and reduced-price meals, or they may decide not to operate any~~
~~meals program.~~
F/RP meals. School districts that choose to operate NSLP/SBP in school year 2021-2022 wil receive the NSLP/SBP reimbursement rates. USDA has also issued national waivers of requirements that meals be served at certain times of USDA has also issued national waivers of requirements that meals be served at certain times of
day, rules that meals be served to children (enabling parents/guardians to pick up meals), and day, rules that meals be served to children (enabling parents/guardians to pick up meals), and
nutritional requirements for meals, among issuing other waivers.nutritional requirements for meals, among issuing other waivers.6275 Many of these waivers have Many of these waivers have
pertained to multiple child nutrition programs. pertained to multiple child nutrition programs.
Supplemental Funding for Child Nutrition Programs
In addition to policy changes, the COVID-19 pandemic response laws have provided In addition to policy changes, the COVID-19 pandemic response laws have provided
supplemental funding for child nutrition programs. In March 2020, the CARES Act provided an supplemental funding for child nutrition programs. In March 2020, the CARES Act provided an
$8.8 bil ion supplemental appropriation for these programs.$8.8 bil ion supplemental appropriation for these programs.~~63 At the end of FY2020, FNS had~~
~~spent more than $7 bil ion of these funds on meal reimbursements.64 Subsequently~~76 FNS al ocated CARES Act funds to states in proportion to their share of total child nutrition program reimbursements in the prior year.77 States spent $7.0 bil ion of such funds on meal reimbursements in FY2020 and carried over approximately $1.8 bil ion into FY2021.78 In addition, the FY2021 , the FY2021
Continuing Appropriations Act provided “such sums as may be necessary” for child nutrition Continuing Appropriations Act provided “such sums as may be necessary” for child nutrition
waivers issued waivers issued under Section 2202 of FFCRAunder Section 2202 of FFCRA ~~and certain WIC waivers in FY2021 (see the~~
~~“Waivers”~~ ~~section below).65~~.79
New Program to Cover Financial Losses of School District and
Child Care Meal Providers
The FY2021 Consolidated Appropriations Act provided “such sums as are necessary” for a The FY2021 Consolidated Appropriations Act provided “such sums as are necessary” for a
program to cover financial losses experienced by some child nutrition program providers during program to cover financial losses experienced by some child nutrition program providers during

~~58 P.L. 116-159, Division D, T itle VI, §4602(a).~~
~~59 For a list of child nutrition program waivers that USDA has issued during the pandemic, see USDA FNS, “ Child~~
~~Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-responds-covid-19/~~
~~child-nutrition-covid-19-waivers.~~
~~60 USDA, FNS, “~~73 USDA, FNS, “Nationwide Waiver to Extend Area Eligibility Waivers–Extension 3,” October 9, 2020, https://www.fns.usda.gov/cn/covid-19-response-60; and USDA, FNS, “ COVID–19: Child Nutrition Response #COVID–19: Child Nutrition Response #7773,” FNS-GD-2021-,” FNS-GD-2021-~~0017~~0013, March 9, 2021, , March 9, 2021,
https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-~~77.~~
~~61 USDA, FNS, “Nationwide Waiver to Extend Area Eligibility Waivers–Extension 3,” October 9, 2020,~~
~~https://www.fns.usda.gov/cn/covid-19-response-60; USDA, FNS, “ COVID–19: Child Nutrition Response #73,” FNS-~~
~~GD-2021-0013, March 9, 2021, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-73.~~
6273. 74 CRS communication with FNS in June 2021; USDA, FNS, “Nationwide Waiver to Allow the Seamless Summer Option through School Year 2021-2022,” Child Nutrition Response #85, April 20, 2021, https://www.fns.usda.gov/cn/child-nutrition-response-85; and USDA, FNS, “ Nationwide Waiver to Allow Summer Food Service Program Reimbursement Rates in School Year 2021 -2022,” Child Nutrition Response #86, April 20, 2021, https://www.fns.usda.gov/cn/child-nutrition-response-86. For more information on SSO’s rules, see CRS In Focus IF11633, Sum mer Meals for Children: An Overview of Federal Aid . 75 USDA, FNS, “ Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns- USDA, FNS, “ Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-
responds-covid-19/child-nutrition-covid-19-waivers. responds-covid-19/child-nutrition-covid-19-waivers.
63 76 P.L. 116-136, Division B, T itle I. P.L. 116-136, Division B, T itle I.
6477 CRS correspondence with FNS in CRS correspondence with FNS in ~~October 2020.~~
65June 2021. 78 USDA, FNS, “FY2022 USDA Explanatory Notes – Food and Nutrition Service,” p. 34-129, https://www.usda.gov/sites/default/files/documents/34FNS2022Notes.pdf. 79 P.L. 116-159, Division D, T itle VI, §4602(d). P.L. 116-159, Division D, T itle VI, §4602(d).
According to CRS communication with FNS in August 2021, the agency has not used this authority to fund waivers in FY2020 or FY2021. Congressional Research Service Congressional Research Service

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the early months of the pandemic. the early months of the pandemic.6680 Specifical y, the program is to reimburse 27.5% of the Specifical y, the program is to reimburse 27.5% of the
difference between meal reimbursements in March 2019 and March 2020 and 55% of the difference between meal reimbursements in March 2019 and March 2020 and 55% of the
difference between reimbursements in April, May, and June 2019 and the same months in 2020 difference between reimbursements in April, May, and June 2019 and the same months in 2020
for providers participating in the school meals programs and/or CACFP.for providers participating in the school meals programs and/or CACFP.6781 States may opt in to the States may opt in to the
program and participating state agencies are al owed to retain 1% of funds for administrative program and participating state agencies are al owed to retain 1% of funds for administrative
costs. The law required USDA to issue guidance implementing the program within 30 days of costs. The law required USDA to issue guidance implementing the program within 30 days of
enactment. enactment.6882
Temporary Funding for Meals Served to Young Adults at CACFP
Emergency Shelters
ARPA temporarily al ows homeless shelters participating in CACFP to receive federal ARPA temporarily al ows homeless shelters participating in CACFP to receive federal
reimbursements for meals and snacks served to individuals ages 19 through 24 during the reimbursements for meals and snacks served to individuals ages 19 through 24 during the
COVID-19 public health emergency.COVID-19 public health emergency.6983 Normal y, CACFP emergency shelters are reimbursed for Normal y, CACFP emergency shelters are reimbursed for
meals and snacks served to children ages 18 and under. meals and snacks served to children ages 18 and under.7084 This policy applies both to emergency This policy applies both to emergency
shelters participating in regular CACFP (for young adults residing at the shelter) and/or the shelters participating in regular CACFP (for young adults residing at the shelter) and/or the
CACFP At-Risk Afterschool component (for young adults residing at or receiving assistance from CACFP At-Risk Afterschool component (for young adults residing at or receiving assistance from
the shelter). the shelter).7185
Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC)
Supplemental Appropriation
FFCRA provided a $500 mil ion supplemental appropriation, available through FY2021, for FFCRA provided a $500 mil ion supplemental appropriation, available through FY2021, for
WIC. FNS did not obligate these funds in FY2020 because WIC had an unal ocated balance of WIC. FNS did not obligate these funds in FY2020 because WIC had an unal ocated balance of
prior-year unspent funds that could be used to support the program in FY2020. prior-year unspent funds that could be used to support the program in FY2020.7286
Waivers
In addition, FFCRA gave USDA further authority to grant waivers al owing WIC In addition, FFCRA gave USDA further authority to grant waivers al owing WIC ~~partic ipants~~participants to to
get certified (or recertified) without being physical y present at the WIC clinic (which is normal y get certified (or recertified) without being physical y present at the WIC clinic (which is normal y
required).required).7387 Waiver requests are to be made by state agencies to USDA. Also, FFCRA authorized Waiver requests are to be made by state agencies to USDA. Also, FFCRA authorized
USDA to grant waivers from program administrative requirements that a state determines “cannot USDA to grant waivers from program administrative requirements that a state determines “cannot

6680 P.L. 116-260, Division N, T itle VII, §722. P.L. 116-260, Division N, T itle VII, §722.
6781 T he program establishes an alternative process for new providers with no reimbursement data for T he program establishes an alternative process for new providers with no reimbursement data for 2019.2019.
68 82 USDA, FNS, “ Child Nutrition Program Emergency Operating Costs During COVID-19: Implementation Guidance USDA, FNS, “ Child Nutrition Program Emergency Operating Costs During COVID-19: Implementation Guidance
for State Agencies,” January 26, 2021, https://www.fns.usda.gov/cn/emergency-operating-costs-during-covid-19-for State Agencies,” January 26, 2021, https://www.fns.usda.gov/cn/emergency-operating-costs-during-covid-19-
implementation-guidance. implementation-guidance.
6983 P.L. 117-2, §1107. P.L. 117-2, §1107.
7084 For more information on CACFP emergency shelters, see USDA, FNS, “Child and Adult Care Food Program: For more information on CACFP emergency shelters, see USDA, FNS, “Child and Adult Care Food Program:
Emergency Shelters,” https://www.fns.usda.gov/cacfp/emergency-shelters. Emergency Shelters,” https://www.fns.usda.gov/cacfp/emergency-shelters.
7185 For more information on CACFP, see CRS Report R46234, For more information on CACFP, see CRS Report R46234, School Meals and Other Child Nutrition Programs:
Background and Funding. .
7286 CRS correspondence with FNS, October 2020. CRS correspondence with FNS, October 2020.
7387 P.L. 116-127, Division B, T itle II, §2203. P.L. 116-127, Division B, T itle II, §2203.
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be met due to COVID-19” and are “necessary to provide assistance” under WIC. be met due to COVID-19” and are “necessary to provide assistance” under WIC.7488 USDA’s USDA’s
authority to issue these and the physical presence waivers was initial y scheduled to sunset after authority to issue these and the physical presence waivers was initial y scheduled to sunset after
September 30, 2020. September 30, 2020.
For implementation, USDA provided a wide variety of waiver opportunities to states, including For implementation, USDA provided a wide variety of waiver opportunities to states, including
waivers from physical presence and supplemental food package item flexibility. On September waivers from physical presence and supplemental food package item flexibility. On September
21, 2020 (in advance of the authority’s sunset), USDA announced that it was extending certain 21, 2020 (in advance of the authority’s sunset), USDA announced that it was extending certain
waivers for the duration of the public health emergency. waivers for the duration of the public health emergency.7589
Shortly thereafter, the FY2021 Continuing Appropriations Act included an extension of the Shortly thereafter, the FY2021 Continuing Appropriations Act included an extension of the
FFCRA waiver authorities through September 30, 2021, and provided open-ended funding FFCRA waiver authorities through September 30, 2021, and provided open-ended funding
authority for the waivers. authority for the waivers.7690
Task Force
The FY2021 Consolidated Appropriations Act required USDA to establish a task force on The FY2021 Consolidated Appropriations Act required USDA to establish a task force on
supplemental foods delivery in WIC.supplemental foods delivery in WIC.7791 The task force, with certain representations specified, is to The task force, with certain representations specified, is to
study measures “to streamline the redemption of supplemental food benefits that promote study measures “to streamline the redemption of supplemental food benefits that promote
convenience, safety, and equitable access.” These include online and telephonic ordering with convenience, safety, and equitable access.” These include online and telephonic ordering with
curbside pickup and payment; and online and telephonic purchasing, home delivery, and self curbside pickup and payment; and online and telephonic purchasing, home delivery, and self
checkout. The task force is required to convey its findings and recommendations to the Secretary checkout. The task force is required to convey its findings and recommendations to the Secretary
of Agriculture by September 30, 2021. of Agriculture by September 30, 2021.
Temporary Increases to Cash Value Vouchers
Non-infant WIC participants receive a cash value voucher, redeemable for fruits and vegetables, Non-infant WIC participants receive a cash value voucher, redeemable for fruits and vegetables,
as part of their WIC food package. ARPA authorizes an increase for these vouchers. as part of their WIC food package. ARPA authorizes an increase for these vouchers.7892 Under prior Under prior
regulation, WIC participants receive $9 per month per child and $11 per month for mothers.regulation, WIC participants receive $9 per month per child and $11 per month for mothers.7993
During the COVID-19 public health emergency, the ARPA provision authorizes USDA to During the COVID-19 public health emergency, the ARPA provision authorizes USDA to
approve state requests for increasing the voucher up to $35 for a four-month period. ARPA approve state requests for increasing the voucher up to $35 for a four-month period. ARPA
authorizes and appropriates $490 mil ion for this purpose, available through FY2022. authorizes and appropriates $490 mil ion for this purpose, available through FY2022.
Funding for Program Modernization
ARPA authorizes and appropriates $390 mil ion for USDA “to carry out outreach, innovation, and ARPA authorizes and appropriates $390 mil ion for USDA “to carry out outreach, innovation, and
program modernization efforts, including appropriate waivers and flexibility, to increase program modernization efforts, including appropriate waivers and flexibility, to increase
participation in and redemption of benefits under programs in WIC.” Funds are available through participation in and redemption of benefits under programs in WIC.” Funds are available through
FY2024 and waivers are not al owed to WIC food package and nondiscrimination regulations. FY2024 and waivers are not al owed to WIC food package and nondiscrimination regulations.
The funding is not contingent on the public health emergency. The funding is not contingent on the public health emergency.

7488 P.L. 116-127, Division B, T itle II, §2204. P.L. 116-127, Division B, T itle II, §2204.
7589 USDA, FNS, “ USDA Extends WIC COVID-19 Flexibilities for Duration of the COVID-19 Public Health USDA, FNS, “ USDA Extends WIC COVID-19 Flexibilities for Duration of the COVID-19 Public Health
Emergency,” news release, September 21, 2020, https://www.fns.usda.gov/news-item/usda-038020. Emergency,” news release, September 21, 2020, https://www.fns.usda.gov/news-item/usda-038020.
7690 P.L. 116-159, Division D, T itle VI, §4602. P.L. 116-159, Division D, T itle VI, §4602.
77 91 P.L. 116-260, Division N, T itle VII, §723. P.L. 116-260, Division N, T itle VII, §723.
7892 P.L. 117-2, §1105. P.L. 117-2, §1105.
7993 See USDA, FNS, See USDA, FNS, Increase in the Cash Value Voucher for Pregnant, Postpartum, and Breastfeeding Women , Memo , Memo
to All State Agencies, All Regions, et al., June 25, 2015, https://www.fns.usda.gov/wic/increase-cash-value-voucher-to All State Agencies, All Regions, et al., June 25, 2015, https://www.fns.usda.gov/wic/increase-cash-value-voucher-
pregnant -postpartum-and-breastfeeding-women. pregnant -postpartum-and-breastfeeding-women.
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Food Distribution Programs
The Emergency Food Assistance Program (TEFAP)
TEFAP provides federal y purchased foods and administrative funds to states for distribution to TEFAP provides federal y purchased foods and administrative funds to states for distribution to
emergency feeding organizations, including food banks, food pantries, and soup kitchens.emergency feeding organizations, including food banks, food pantries, and soup kitchens.80
94 In addition to its usual sources of funding,95 TEFAP received additional funding to respond to the TEFAP received additional funding to respond to the COVID-19 pandemic under COVID-19 pandemic under ~~three of the~~
~~response laws, al to remain available through September 30, 2021~~four pandemic response laws: :
 FFCRA provided $400 mil ion  FFCRA provided $400 mil ion for TEFAP, up to $100 mil ion of which can be , up to $100 mil ion of which can be used for food used for food
distribution costsdistribution costs~~;81~~, available through FY2021 (September 30, 2021);96
 the CARES Act provided $450 mil ion  the CARES Act provided $450 mil ion for TEFAP, up to $150 mil ion of which , up to $150 mil ion of which can be used can be used
for food distribution costsfor food distribution costs~~;82~~, available through FY2021;97
 the FY2021 Consolidated Appropriations Act provided a supplemental  the FY2021 Consolidated Appropriations Act provided a supplemental
appropriation of $400 mil ion appropriation of $400 mil ion for TEFAP, up to 20% of which ($80 mil ion) can , up to 20% of which ($80 mil ion) can be used for be used for
~~food distribution costs.83~~
~~In total, approximately $1.3 bil ion was appropriated for TEFAP in FY2020, more than triple the~~
~~appropriations ($404.1 mil ion) in FY2019.84~~
~~FNS subsequently al ocated the supplemental FFCRA, CARES Act, and FY2021 Consolidated~~
~~Appropriations Act funds to states using the state al ocation formula specified in TEFAP~~
~~regulations and provided guidance on the use of funds for food distribution costs.85 At the end of~~
~~FY2020, USDA had obligated $391 mil ion in CARES Act funding (of which states opted to~~
~~receive $132 mil ion in food distribution funds) and $214 mil ion in FFCRA funding (of which~~
~~states opted for $88 mil ion in food distribution funds).86 Remaining FFCRA and CARES Act~~
~~funds were carried over into FY2021.~~

~~80 Further detail on T EFAP can be found in CRS Report R45408,~~ ~~The Emergency Food Assistance Program (TEFAP):~~
~~Background and Funding~~.
~~81 P.L. 116-127, Division A, T itle I.~~
~~82 P.L. 116-136, Division B, T itle I.~~
~~83 P.L. 116-260, Division N, T itle VII, §711.~~
~~84 FY2020 appropriations are from the Further Consolidated Appropriations Act of FY2020 (P.L. 116-94), and Division~~
~~A of FFCRA (P.L. 116-127), and Division B of the CARES Act (P.L. 116-136); FY2019 appropriations are from t he~~
~~Consolidated Appropriations Act, 2019 (P.L. 116-6).~~
~~85 For T EFAP’s state allocation formula, see 7 C.F.R. §251.3(h). For USDA’s guidance~~ food distribution costs, available through FY2021.98 The FY2021 Consolidated Appropriations Act also provided funding for USDA to, among other purposes, “purchase and distribute agricultural products … to individuals in need, including through delivery to nonprofit organizations that can receive, store, and distribute food items” (available until expended “to prevent, prepare for, and respond to coronavirus”).99 Using this authority, USDA al ocated $500 mil ion for TEFAP as of the date of this report.100  ARPA provided funding for USDA to, among other purposes, “purchase and distribute agricultural commodities … to individuals in need, including through delivery to nonprofit organizations and through restaurants and other food-related entities, as determined by the Secretary, that may receive, store, process, and distribute food items” (available in FY2021).101 Using this authority, USDA al ocated $500 mil ion for TEFAP as of the date of this report.102 94 For background on T EFAP, see CRS Report R45408, The Emergency Food Assistance Program (TEFAP): Background and Funding. 95 Ibid (see “T able 1. T EFAP Funding, FY2021”). 96 P.L. 116-127, Division A, T itle I. 97 P.L. 116-136, Division B, T itle I. 98 P.L. 116-260, Division N, T itle VII, §711. 99 P.L. 116-260, Division N, T itle VII, §751. 100 USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-healthy-food-food-insecure-americans. 101 P.L. 117-2, §1001. 102 USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-healthy-food-food-insecure-americans. Congressional Research Service 20 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic FNS al ocated supplemental FFCRA and CARES Act funds in FY2020 using the state al ocation formula specified in TEFAP regulations.103 States carried $197.1 mil ion in FFCRA funds and $81.2 mil ion in CARES Act funds over into FY2021.104 Likewise, the $400 mil ion supplemental appropriation for TEFAP in the FY2021 Consolidated Appropriations Act was al ocated according to TEFAP’s state al ocation formula.105 As of the date of this report, details on the al ocation of the additional $500 mil ion in FY2021 Consolidated Appropriations Act funds and $500 mil ion in ARPA funds that USDA programmed for TEFAP are not available. According to a USDA announcement, these funds are intended to support the Biden Administration’s “Build Back Better” initiative and wil be used for (1) entitlement food purchases, with priority for smal , women-owned, minority-owned, and veteran-owned businesses and to continue a fresh produce box initiative announced earlier in the year106; (2) cooperative agreements with state and tribal governments or other local entities to purchase local and regional foods and foods from social y disadvantaged producers; and (3) infrastructure grants for emergency feeding organizations, with an emphasis on those in “underserved communities and communities of color.”107 In addition to al ocating supplemental funding, during the pandemic, FNS has issued guidance explaining options that states have under current law to adjust program rules, such as expanding eligibility rules for participants and waiving signature requirements for the receipt of TEFAP foods.108 Food Distribution Program on Indian Reservations (FDPIR) The CARES Act provided $100 mil ion to the FDPIR, of which $50 mil ion was for facility improvements and equipment upgrades and $50 mil ion was for the costs related to additional food purchases. In FY2020, FNS awarded over $40 mil ion in grants for facility improvements and equipment upgrades to 97 Indian Tribal Organizations (ITOs) and state agencies (SAs) that administer 103 For T EFAP’s state allocation formula, see 7 C.F.R. §251.3(h) or the “State Allocation Formula” section of CRS Report R45408, The Em ergency Food Assistance Program (TEFAP): Background and Funding. For USDA’s guidance on the distribution of on the distribution of
supplemental fundssupplemental funds in FY2020, see ~~, see~~ USDA, FNS, “USDA, FNS, “ Additional Information on FY 2020 Funding Sources for T EFAP,” June 12, Additional Information on FY 2020 Funding Sources for T EFAP,” June 12,
2020, https://www.fns.usda.gov/tefap/additional-information-fy-2020-funding-sources; USDA, FNS, “2020, https://www.fns.usda.gov/tefap/additional-information-fy-2020-funding-sources; USDA, FNS, “ T he Emergency T he Emergency
Food Assistance Program (T EFAP): Allocation of Coronavirus Aid, Relief, and Economic Security Act Supplemental Food Assistance Program (T EFAP): Allocation of Coronavirus Aid, Relief, and Economic Security Act Supplemental
Appropriations,” April 24, 2020; and USDA, FNS, “2020 T EFAP FFCRA Allocation Worksheet,” April 17, 2020, Appropriations,” April 24, 2020; and USDA, FNS, “2020 T EFAP FFCRA Allocation Worksheet,” April 17, 2020,
https://www.fns.usda.gov/disaster/pandemic/covid-19/tefap-ffcra-allocation-https://www.fns.usda.gov/disaster/pandemic/covid-19/tefap-ffcra-allocation-~~worksheet; and USDA, FNS, “~~ worksheet . 104 CRS correspondence with FNS in June 2021. For more information on total T EFAP funding in FY2021, see CRS Report R45408, The Em ergency Food Assistance Program (TEFAP): Background and Funding. 105 USDA, FNS, “Fiscal Year Fiscal Year
2021 Food and Administrative Funding for T he Emergency Food Assistance Program,” February 16, 2021, 2021 Food and Administrative Funding for T he Emergency Food Assistance Program,” February 16, 2021,
~~https://www.fns.usda.gov/tefap/fiscal-year-2021-funding.~~
~~86 CRS correspondence with FNS in October 2020.~~
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~~USDA has also used its authority under the Section 32 program to purchase additional foods for~~
~~distribution through TEFAP during the pandemic.87 Such bonus foods are purchased by USDA~~
~~based on agricultural market needs and funded by sources outside of TEFAP appropriations.88~~
~~During the pandemic, FNS has issued guidance explaining options that states have under current~~
~~law to adjust program rules, such as expanding eligibility rules for participants and waiving~~
~~signature requirements for the receipt of TEFAP foods.89~~
~~Food Distribution Program on Indian Reservations (FDPIR)~~
~~The CARES Act provided $100 mil ion to the FDPIR, of which $50 mil ion was for facility~~
~~improvements and equipment upgrades and $50 mil ion was for the costs related to additional~~
~~food purchases.~~
~~In FY2020, FNS awarded over $40 mil ion in grants for facility improvements and equipment~~
~~upgrades to 97 Indian Tribal Organizations (ITOs) and state agencies (SAs) that administer~~
~~FDPIR.90~~https://www.fns.usda.gov/tefap/fiscal-year-2021-funding; and USDA, FNS, “ FY2022 USDA Explanatory Notes – Food and Nutrition Service,” p. 34-129, https://www.usda.gov/sites/default/files/documents/34FNS2022Notes.pdf. 106 USDA, FNS, “T EFAP Fresh Produce,” March 30, 2021, https://www.fns.usda.gov/tefap/fresh-produce. 107 USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-healthy-food-food-insecure-americans. 108 USDA, FNS, “ Questions and Answers related to COVID-19 and the Emergency Food Assistance Program (T EFAP),” May 22, 2020, https://www.fns.usda.gov/tefap/covid-19-qas. Congressional Research Service 21 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic FDPIR.109 These grants were awarded for purposes such as changes to physical space to These grants were awarded for purposes such as changes to physical space to
accommodate social distancing and computer system upgrades to accommodate remote work. accommodate social distancing and computer system upgrades to accommodate remote work.
Commodity Supplemental Food Program (CSFP)
In addition to the annual funding provided, the FY2021 Consolidated Appropriations Act In addition to the annual funding provided, the FY2021 Consolidated Appropriations Act
included $13 mil ion in supplemental funding for CSFP, availableincluded $13 mil ion in supplemental funding for CSFP, available through FY2021.through FY2021.91110 Up to 20% Up to 20%
of the funding is available for state administrative expenses. of the funding is available for state administrative expenses.
ARPA provided $37 mil ion for CSFP, to remain available through FY2022.ARPA provided $37 mil ion for CSFP, to remain available through FY2022.92111
Other USDA Initiatives
In addition to using existing nutrition assistance programs, USDA In addition to using existing nutrition assistance programs, USDA ~~launched~~carried out two new programs to two new programs to
feed people during the COVID-19 pandemic: the Farmers to Families Food Box program, feed people during the COVID-19 pandemic: the Farmers to Families Food Box program, ~~which~~
~~has~~ which provided food boxes to individuals and households, and the Emergency Meals to You provided food boxes to individuals and households, and the Emergency Meals to You
program, which provided food boxes to households with school-aged children. Both programs program, which provided food boxes to households with school-aged children. Both programs
used funding provided in the COVID-19 pandemic response laws (discussed further below). FNS used funding provided in the COVID-19 pandemic response laws (discussed further below). FNS
also activated Disaster Household Distribution programs in certain states and tribal nations during also activated Disaster Household Distribution programs in certain states and tribal nations during
the early months of the pandemic. the early months of the pandemic.

~~87 USDA, AMS, “ USDA Announces Additional Food Purchase Plans,” May 4, 2020, https://www.ams.usda.gov/press-~~
~~release/usda-announces-additional-food-purchase-plans.~~
~~88 For further discussion of T EFAP bonus foods in FY2020, see CRS Report R46432,~~ ~~Food Banks and Other~~
~~Em ergency Feeding Organizations: Federal Aid and the Response to COVID-19~~.
~~89 USDA, FNS, “ Questions and Answers related to COVID-19 and the Emergency Food Assistance Program~~
~~(T EFAP),” May 22, 2020, https://www.fns.usda.gov/tefap/covid-19-qas.~~
~~90 USDA, FNS, “USDA Foods from Farm to Plate: FDPIR Connection,” e-bulletin, October 2020.~~
~~91 P.L. 116-260, Division N, T itle VII, §712.~~
~~92 P.L. 117-2, §1104.~~
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~~Farmers to Families Food Box Program~~
Farmers to Families Food Box Program USDA’s Agricultural Marketing Service (AMS), in consultation with FNS, operated the Farmers to Families Food Box program from May 2020 to May 2021.112 On April 17, 2020, USDA announced a Coronavirus Food Assistance Program (CFAP) to provide On April 17, 2020, USDA announced a Coronavirus Food Assistance Program (CFAP) to provide
direct relief to farmers and ranchers for lost commodities markets.direct relief to farmers and ranchers for lost commodities markets.93113 A smal er part of CFAP was A smal er part of CFAP was a a
new program, the Farmers to Families Food Box program, to facilitate the distribution of in-kind new program, the Farmers to Families Food Box program, to facilitate the distribution of in-kind
foods to households during the pandemic. Specifical y, the program foods to households during the pandemic. Specifical y, the program ~~provides~~provided fresh fruits and fresh fruits and
vegetables, dairy, and meat products from local and regional suppliers to public and nonprofit vegetables, dairy, and meat products from local and regional suppliers to public and nonprofit
organizations, including food banks, schools, tribal organizations, and faith-based organizations.organizations, including food banks, schools, tribal organizations, and faith-based organizations.94
114 The stated goals of the program The stated goals of the program ~~are~~were to expedite federal y to expedite federal y sponsored food sponsored food deliveries to food banks deliveries to food banks
and other feeding organizations and to “sel food previously destined for and other feeding organizations and to “sel food previously destined for restaurants and bulk restaurants and bulk
purchasers to distributors, preventing waste.”purchasers to distributors, preventing waste.”95
~~Unlike other USDA nutrition assistance programs, state agencies do not play a direct role in the~~
~~administration of the Farmers to Families Food Box program.96 Instead, USDA’s Agricultural~~
~~Marketing Service (AMS) awards contracts directly to suppliers through a solicitation process.~~
~~According to the terms of the contracts, suppliers must package~~115 109 USDA, FNS, “USDA Foods from Farm to Plate: FDPIR Connection,” e-bulletin, October 2020. 110 P.L. 116-260, Division N, T itle VII, §712. 111 P.L. 117-2, §1104. 112 USDA, AMS, “ Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box, accessed on August 3, 2021. 113 For more information on the Coronavirus Food Assistance Program, see CRS Report R46347, COVID-19, U.S. Agriculture, and USDA’s Coronavirus Food Assistance Program (CFAP) ; and CRS Report R46348, COVID-19: Supply Chain Disruptions in the U.S. Fruit and Vegetable Industry: In Brief. 114 USDA, “ USDA Announces Coronavirus Food Assistance Program,” April 17, 2020, https://www.usda.gov/media/press-releases/2020/04/17/usda-announces-coronavirus-food-assistance-program. 115 USDA, Agricultural Marketing Service (AMS), “ Farmers to Families Food Box Infographic,” https://www.ams.usda.gov/sites/default/files/media/FarmerstoFamiliesFoodBox.pdf; USDA, AMS webinar on April 21, 2020, recording available at https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box. Congressional Research Service 22 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic Unlike other USDA nutrition assistance programs, state agencies did not play a direct role in the administration of the Farmers to Families Food Box program.116 Instead, USDA’s Agricultural Marketing Service (AMS) awarded contracts directly to suppliers through a solicitation process. According to the terms of the contracts, suppliers packaged products into “family-sized products into “family-sized
boxes” boxes” and distributed~~and distribute~~ the boxes to food banks and other recipient organizations selected by the the boxes to food banks and other recipient organizations selected by the
supplier.supplier.97117 Recipient organizations Recipient organizations ~~must be nonprofit~~were nonprofits with 501(c)(3) tax exemption status or local with 501(c)(3) tax exemption status or local
government agencies that government agencies that ~~“can~~ could “demonstrate that they have the operational and financial capability demonstrate that they have the operational and financial capability
to receive, store and distribute requested food items.”to receive, store and distribute requested food items.”98118 Nonprofit recipients Nonprofit recipients ~~must also agree~~also agreed to to
serve only “needy people, or the food insecure population.”serve only “needy people, or the food insecure population.”99119 Contents of the boxes Contents of the boxes ~~have~~ differed differed
over time, but over time, but ~~have~~ included fresh fruit and vegetables, dairy products, fluid milk, precooked included fresh fruit and vegetables, dairy products, fluid milk, precooked
meats (initial y pork and poultry, and later beef and seafood), or a combination of these items. meats (initial y pork and poultry, and later beef and seafood), or a combination of these items.~~100~~
~~To date, USDA has al ocated approximately $6 bil ion for the Farmers to Families Food Box~~
~~program, which has funded~~120 The Biden Administration ended the Farmers to Families Food Box program on May 31, 2021.121 Over the course of the program, USDA al ocated approximately $6 bil ion on five separate rounds of contracts and deliveries. That includes $4 five separate rounds of contracts and deliveries. That includes $4
bil ionbil ion in funding for the first three rounds of the in funding for the first three rounds of the program funded under FFCRA, which gave the program funded under FFCRA, which gave the
Secretary of Agriculture “such amounts as are necessary” to “purchase commodities for Secretary of Agriculture “such amounts as are necessary” to “purchase commodities for
emergency distribution in any area of the United States during a public health emergency emergency distribution in any area of the United States during a public health emergency
designation” in FY2020.designation” in FY2020.~~101~~122 Actual expenditures were closer to Actual expenditures were closer to $3.57 bil ion, which funded 120.5 mil ion food boxes distributed between May 2020 and October 31, 2020.123 On October 23, 2020, USDA announced $500 mil ion for a fourth round of awards under the program for deliveries through December 31, 2020, funded with unobligated funds from the CARES Act.124 Actual expenditures for the fourth round were approximately $463 mil ion, which funded 12.4 mil ion food boxes.125 The fifth round of the program, announced on 116 See CRS Report R42353, Domestic Food Assistance: Summary of Programs. 117~~$3.57 bil ion, which funded 120.5~~

~~93 For more information on the Coronavirus Food Assistance Program, see CRS Report R46347,~~ ~~COVID-19, U.S.~~
~~Agriculture, and USDA’s Coronavirus Food Assistance Program (CFAP)~~ ~~; and CRS Report R46348,~~ ~~COVID-19:~~
~~Supply Chain Disruptions in the U.S. Fruit and Vegetable Industry: In Brief~~.
~~94 USDA, “ USDA Announces Coronavirus Food Assistance Program,” April 17, 2020, https://www.usda.gov/media/~~
~~press-releases/2020/04/17/usda-announces-coronavirus-food-assistance-program.~~
~~95 USDA, Agricultural Marketing Service (AMS), “ Farmers to Families Food Box Infographic,”~~
~~https://www.ams.usda.gov/sites/default/files/media/FarmerstoFamiliesFoodBox.pdf; USDA, AMS webinar on April~~
~~21, 2020, recording available at https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box.~~
~~96 See CRS Report R42353, Domestic Food Assistance: Summary of Programs.~~
97 USDA, AMS, “ Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families- USDA, AMS, “ Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-
food-box, accessed on food-box, accessed on ~~January 27~~August 3, 2021. , 2021.
98118 USDA, AMS, “ Farmers to Families Food Box USDA, AMS, “ Farmers to Families Food Box ~~P rogram~~Program FAQs,” April 27, 2020, https://www.ams.usda.gov/ FAQs,” April 27, 2020, https://www.ams.usda.gov/
publications/content/farmers-families-food-box-program-faqs. publications/content/farmers-families-food-box-program-faqs.
99119 USDA, AMS, Solicitation 12-3J14-20-B-0588, p. 30, https://www.ams.usda.gov/sites/default/files/media/FFFB_ USDA, AMS, Solicitation 12-3J14-20-B-0588, p. 30, https://www.ams.usda.gov/sites/default/files/media/FFFB_
solicitationRound3.pdf. solicitationRound3.pdf.
~~100~~120 USDA, AMS, Solicitation AG-12-3J14-20-R-0377, April 24, 2020, p. 5, https://www.ams.usda.gov/sites/default/ USDA, AMS, Solicitation AG-12-3J14-20-R-0377, April 24, 2020, p. 5, https://www.ams.usda.gov/sites/default/
files/media/RFP_ERAcquisition.pdf; USDA, “ USDA Announces Continuation of the Farmers to Families Food Box files/media/RFP_ERAcquisition.pdf; USDA, “ USDA Announces Continuation of the Farmers to Families Food Box
Program, Fifth Round of Food Purchases,” January 4, 2021, https://www.usda.gov/media/press-releases/2021/01/04/Program, Fifth Round of Food Purchases,” January 4, 2021, https://www.usda.gov/media/press-releases/2021/01/04/
usda-announces-continuation-farmers-families-food-box-program-fifth. usda-announces-continuation-farmers-families-food-box-program-fifth.
~~101 P.L. 116-127, Division A, T itle I, §1101(g);~~121 USDA, USDA, ~~AMS, “Notice of Funds Availability (NOFA); Purchase of~~
~~Fruit, Vegetable, Dairy, and Meat Products Due to COVID-19 National Emergency-USDA Food Box Distribution~~
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~~mil ion food boxes distributed between May 2020 and October 31, 2020.102 On October 23, 2020,~~
~~USDA announced $500 mil ion for a fourth round of awards under the program for deliveries~~
~~through December 31, 2020, funded with unobligated funds from the CARES Act.103 Preliminary~~
~~data show that actual expenditures for the fourth round were approximately $463 mil ion, which~~
~~funded 12.4 mil ion food boxes.104 The fifth round of the program, announced on January 4, 2021,~~
~~is using $1.5 bil ion in funding from the FY2021 Consolidated Appropriations Act and wil fund~~
~~deliveries through the end of April 2021.105~~
~~Funding for USDA Commodity Purchases in ARPA (P.L. 117-2)~~
~~ARPA~~ AMS, “ Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box, accessed on August 3, 2021. T he Administration also communicated its intentions to apply “ lessons learned” from the food box program into future activities, including announcing a fresh produce box option through T EFAP. 122 P.L. 116-127, Division A, T itle I, §1101(g). Section 1108 of ARPA subsequently reauthorized open-ended funding under Section 1101(g) of FFCRAreauthorized open-ended funding under Section 1101(g) of FFCRA for USDAfor USDA to purchase and distribute to purchase and distribute
~~commodities during a public health emergency.106 This authority was previously used by the Trump Administration~~
~~to fund the first three rounds of the Farmers to Families Food Box program. In addition, ARPA provided $3.6~~
~~bil ion for the Secretary of Agriculture to, among other purposes107~~
~~purchase and distribute agricultural commodities (including fresh produce, dairy, seafood, eggs,~~
~~and meat) to individuals in need, including through delivery to nonprofit organizations and~~
~~through restaurants and other food related entities as determined by the Secretary, that may~~
~~receive, store, process, and distribute food items.~~
~~Similar language in the FY2021 Consolidated Appropriations Act was used to fund the fifth round of the food box~~
~~program.~~
~~As of the date of this report, USDA has not yet announced whether it wil use these authorities for the Farmers~~
~~to Families Food Box program or another purpose.~~
~~Emergency Meals to You~~
~~FNS created and operated the Emergency Meals to You program from March 2020 to August~~
~~2020 in response to the COVID-19 pandemic.108 Modeled off the Summer Meals-to-You~~

commodities during a public health emergency. USDA, AMS, “Notice of Funds Availability (NOFA); Purchase of Fruit, Vegetable, Dairy, and Meat Products Due to COVID-19 National Emergency-USDA Food Box Distribution Program,” 85 Program,” 85 Federal Register 23325, April 27, 2020, https://www.federalregister.gov/documents/2020/04/27/2020-23325, April 27, 2020, https://www.federalregister.gov/documents/2020/04/27/2020-
08979/notice-of-funds-availability-nofa-purchase-of-fruit-vegetable-dairy-and-meat08979/notice-of-funds-availability-nofa-purchase-of-fruit-vegetable-dairy-and-meat -products-due-to. -products-due-to.
~~102~~123 Data as of January 11, 2021. USDA, AMS, “ Farmers to Families Food Box,” https://www.ams.usda.gov/selling- Data as of January 11, 2021. USDA, AMS, “ Farmers to Families Food Box,” https://www.ams.usda.gov/selling-
food-to-usda/farmers-to-families-food-box, accessed on food-to-usda/farmers-to-families-food-box, accessed on ~~January 27~~August 3, 2021. , 2021.
~~103~~124 USDA, “USDA Announces Fourth Round of the Farmers to Families Food Box Program,” Release No. 0429.20, USDA, “USDA Announces Fourth Round of the Farmers to Families Food Box Program,” Release No. 0429.20,
October 23, 2020, https://www.usda.gov/media/press-releases/2020/10/23/usda-announces-fourth-round-farmers-October 23, 2020, https://www.usda.gov/media/press-releases/2020/10/23/usda-announces-fourth-round-farmers-
families-food-box-program. According to CRS correspondence with AMS on November 19, 2020, the families-food-box-program. According to CRS correspondence with AMS on November 19, 2020, the ~~fourt h~~fourth round of round of
purchases is funded from unobligated funds under the CARES Act (P.L. 116-136), Division B, Agricultural Programs, purchases is funded from unobligated funds under the CARES Act (P.L. 116-136), Division B, Agricultural Programs,
Office of the Secretary that were previously available for payments to farmers in another part of the CFAP . Office of the Secretary that were previously available for payments to farmers in another part of the CFAP .
~~104 Data as of March 13, 2021.~~125 USDA AMS, “ Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food- USDA AMS, “ Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-
~~to-usda/farmers-to-families-food-box, accessed on January 27, 2021.~~
~~105 P.L. 116-260, Division N, T itle VII, §751; USDA, “ USDA Announces Continuation of the Farmers to Families~~
~~Food Box Program, Fifth Round of Food Purchases,” January 4, 2021, https://www.usda.gov/media/press-releases/~~
~~2021/01/04/usda-announces-continuation-farmers-families-food-box-program-fifth; USDA, AMS, “ Round 5 Approved~~
~~Contractors for the Farmers to Families Food Box Program ,” https://www.ams.usda.gov/selling-food-to-usda/farmers-~~
~~to-families-food-box/approved-contractors-round-five.~~
~~106 P.L. 117-2, §1108, amending Section 1101(g) of FFCRA.~~
~~107 P.L. 117-2, §1001. Other allowable uses of the $3.6 billion include grants and loans to food processors and~~
~~distributors to respond to COVID-19, including measures to protect workers; loans and grants “ to maintain and~~
~~improve food and agricultural supply chain resiliency”; and USDA food and agricultural commodity purchases.~~
~~108 According to FNS, the Emergency Meals to You demonstration was established using authority from Section 749(g)~~
~~of the Agriculture, Rural Development, Food and Drug Administration, and Related Age ncies Appropriations Act,~~
~~2010 (P.L. 111-80) and Section 2202(a) of FFCRA (P.L. 116-127). CRS correspondence with USDA, FNS, on July 24,~~
~~2020. For a list of school districts that participated in Emergency Meals to You by state, see Mealstoyou.or g,~~
~~Congressional Research Service~~

21

~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

to-usda/farmers-to-families- Congressional Research Service 23 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic January 4, 2021, used $1.4 bil ion in FY2021 Consolidated Appropriations Act funds and sponsored deliveries through the end of May 2021.126 Emergency Meals to You FNS created and operated the Emergency Meals to You program from March 2020 to August 2020 in response to the COVID-19 pandemic.127 Modeled off the Summer Meals-to-You demonstration, the Emergency Meals to You program worked with private partners (Baylor demonstration, the Emergency Meals to You program worked with private partners (Baylor
University’s Collaborative on Hunger and Poverty, McLane Global, and PepsiCo) to mail food University’s Collaborative on Hunger and Poverty, McLane Global, and PepsiCo) to mail food
boxes to children in participating school districts in rural areas nationwide who would normal y boxes to children in participating school districts in rural areas nationwide who would normal y
receive free or reduced-price school meals but were not receiving them due to an emergency receive free or reduced-price school meals but were not receiving them due to an emergency
school closure.school closure.~~109~~128 School districts were eligible to participate in Emergency Meals to You if they School districts were eligible to participate in Emergency Meals to You if they
(1) participated in the NSLP, (2) had at least 50% of students qualified for free or reduced-priced (1) participated in the NSLP, (2) had at least 50% of students qualified for free or reduced-priced
meals (or participated in the Community Eligibility Provision [CEP]), (3) were closed for at least meals (or participated in the Community Eligibility Provision [CEP]), (3) were closed for at least
four weeks, and (4) were located in a rural area.four weeks, and (4) were located in a rural area.~~110~~129 Households with eligible children that signed Households with eligible children that signed
up for the program were to receive a box containing 10 breakfasts and 10 lunches, including a up for the program were to receive a box containing 10 breakfasts and 10 lunches, including a
combination of shelf-stable items, every two weeks by mail.combination of shelf-stable items, every two weeks by mail.~~111~~130 Total expenditures were Total expenditures were
approximately $123 mil ion, which FNS said funded more than 40 mil ion meals delivered to approximately $123 mil ion, which FNS said funded more than 40 mil ion meals delivered to
approximately 400,000 children across the United States. approximately 400,000 children across the United States.~~112~~131
Disaster Household Distribution
During a presidential y declared disaster or emergency, states may be able to repurpose existing During a presidential y declared disaster or emergency, states may be able to repurpose existing
local inventories of USDA Foods intended for other nutrition assistance programs (e.g., TEFAP local inventories of USDA Foods intended for other nutrition assistance programs (e.g., TEFAP
and NSLP) for disaster/emergency feeding efforts.and NSLP) for disaster/emergency feeding efforts.~~113~~132 Under one program option, Disaster Under one program option, Disaster
Household Distribution, USDA may approve requests from states and tribes to repurpose USDA food-box, accessed on August 3, 2021. 126 USDA, “ USDA Announces Continuation of the Farmers to Families Food Box Program, Fifth Round of Food Purchases,” January 4, 2021, https://www.usda.gov/media/press-releases/2021/01/04/usda-announces-continuation-farmers-families-food-box-program-fifth. T he funding authority for the fifth round of purchases was P.L. 116-260, Division N, T itle VII, §751; expenditures as provided by USDA, AMS, on August 4, 2021. 127 According to FNS, the Emergency Meals to You demonstration was established using authority from Section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Age ncies Appropriations Act, 2010 (P.L. 111-80) and Section 2202(a) of FFCRA (P.L. 116-127). CRS correspondence with USDA, FNS, on July 24, 2020. For a list of school districts that participated in Emergency Meals to You by state, see Mealstoyou.org, ~~Household Distribution, USDA may approve requests from states and tribes to repurpose USDA~~
~~Foods for direct distribution to households in areas affected by an emergency or disaster.114~~
~~USDA later replenishes or reimburses federal nutrition assistance programs for USDA Foods~~
~~reprogrammed for disaster/emergency feeding during a presidential y declared disaster or~~
~~emergency.115 Disaster Household Distribution facilitates faster distribution to households by~~
~~reducing administrative requirements (e.g., removing eligibility determinations); however, it~~
~~temporarily results in lower USDA Foods inventory for other federal nutrition assistance~~
~~programs.~~
~~Following the presidential emergency declaration for COVID-19, USDA approved requests from~~
~~21 states, Guam, and 33 tribal nations to operate Disaster Household Distribution programs~~
~~during the early months of the pandemic.116 These approvals had different timeframes but~~
~~typical y ended by July 2020.~~

“Emergency Meals-to-You School Districts,” https://mealstoyou.org/emergency-meals-to-you-school-districts-2/. “Emergency Meals-to-You School Districts,” https://mealstoyou.org/emergency-meals-to-you-school-districts-2/.
~~109~~128 USDA, “ USDA Meals to You Partnership Delivers Nearly 30 Million Meals,” July 16, 2020, USDA, “ USDA Meals to You Partnership Delivers Nearly 30 Million Meals,” July 16, 2020,
https://www.fns.usda.gov/news-item/usda-032420; USDA, FNS, “ Meals to You Frequently Asked Questions (FAQs),” https://www.fns.usda.gov/news-item/usda-032420; USDA, FNS, “ Meals to You Frequently Asked Questions (FAQs),”
https://mealstoyou.org/emtyfaqs/. For more information on the Summer Meals-to-You program, see CRS In Focus https://mealstoyou.org/emtyfaqs/. For more information on the Summer Meals-to-You program, see CRS In Focus
IF11633, IF11633, Sum mer Meals for Children: An Overview of Federal Aid . .
~~110~~129 Ibid. Ibid.
~~111~~130 Sample items include “Protein: Milk, Chicken Salad, Hummus, Beef Stick, Bean Dip, Cheese, Sunflower Kernels; Sample items include “Protein: Milk, Chicken Salad, Hummus, Beef Stick, Bean Dip, Cheese, Sunflower Kernels;
Whole Grains: T ortilla Chips, Corn Chips, Crackers, Oatmeal Bars, Cereal; Vegetables: Salsa Cup, Marinara Cup, Whole Grains: T ortilla Chips, Corn Chips, Crackers, Oatmeal Bars, Cereal; Vegetables: Salsa Cup, Marinara Cup,
100% Veg/Fruit Juice; Fruit: Applesauce, Raisins, Craisins, Fruit Cup, 100% Fruit Juice.” 100% Veg/Fruit Juice; Fruit: Applesauce, Raisins, Craisins, Fruit Cup, 100% Fruit Juice.”
~~112~~131 CRS correspondence with FNS in February 2021; USDA, “ Secretary Perdue Applauds USDA’s 2020 CRS correspondence with FNS in February 2021; USDA, “ Secretary Perdue Applauds USDA’s 2020
Accomplishments,” December 16, 2020, https://www.usda.gov/media/press-releases/2020/12/16/secretary-perdue-Accomplishments,” December 16, 2020, https://www.usda.gov/media/press-releases/2020/12/16/secretary-perdue-
applauds-usdas-2020-accomplishments. applauds-usdas-2020-accomplishments.
~~113~~132 For more information on Disaster Household Distribution and related USDA emergency food distribution options, For more information on Disaster Household Distribution and related USDA emergency food distribution options,
see CRS Report R46432, see CRS Report R46432, Food Banks and Other Em ergency Feeding Organizations: Federal Aid and the Response to
COVID-19. .
~~114 7 C.F.R. §250.69; USDA, FNS, Food Distribution Division, “USDA Foods Program Disaster Manual,” revised~~
~~September 2017, https://fns-prod.azureedge.net/sites/default/files/fdd/disaster-manual.pdf.~~
~~115 7 C.F.R. §250.69(g).~~
~~116 USDA, FNS, “ Disaster Household Distribution,” June 11, 2020, https://www.fns.usda.gov/usda-foods/covid-19-~~
~~disaster-household-distribution.~~
~~Congressional Research Service~~

22

~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

Congressional Research Service 24 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic Foods for direct distribution to households in areas affected by an emergency or disaster.133 USDA later replenishes or reimburses federal nutrition assistance programs for USDA Foods reprogrammed for disaster/emergency feeding during a presidential y declared disaster or emergency.134 Disaster Household Distribution facilitates faster distribution to households by reducing administrative requirements (e.g., removing eligibility determinations); however, it temporarily results in lower USDA Foods inventory for other federal nutrition assistance programs. Following the presidential emergency declaration for COVID-19, USDA approved requests from 21 states, Guam, and 33 tribal nations to operate Disaster Household Distribution programs during the early months of the pandemic.135 These approvals had different timeframes but typical y ended by July 2020.
Author Information

Randy Alison Aussenberg Randy Alison Aussenberg
Kara Clifford Billings Kara Clifford Billings
Specialist in Nutrition Assistance Policy Specialist in Nutrition Assistance Policy
Analyst in Social Policy Analyst in Social Policy

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133 7 C.F.R. §250.69; USDA, FNS, Food Distribution Division, “USDA Foods Program Disaster Manual,” revised September 2017, https://fns-prod.azureedge.net/sites/default/files/fdd/disaster-manual.pdf. 134 7 C.F.R. §250.69(g). 135 USDA, FNS, “ Disaster Household Distribution,” June 11, 2020, https://www.fns.usda.gov/usda-foods/covid-19-disaster-household-distribution. Congressional Research Service R46681 · VERSION 6 · UPDATED 25 ~~Congressional Research Service~~
~~R46681 · VERSION 4 · UPDATED~~
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