The Supplemental Nutrition Assistance Program (SNAP): Categorical Eligibility

Changes from August 10, 2021 to February 25, 2022

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The Supplemental Nutrition Assistance
~~August 10, 2021~~February 25, 2022
Program (SNAP): Categorical Eligibility
Randy Alison Aussenberg
The Supplemental Nutrition Assistance Program (SNAP) provides benefits to low The Supplemental Nutrition Assistance Program (SNAP) provides benefits to low --
Specialist in Nutrition Specialist in Nutrition
income, eligible income, eligible households on an electronic benefit transfer (EBT) card; benefits can households on an electronic benefit transfer (EBT) card; benefits can
Assistance Policy Assistance Policy
then be exchanged for foods at authorized retailers. SNAP reaches a large share of low- then be exchanged for foods at authorized retailers. SNAP reaches a large share of low-

income households, particularly so during the COVID-19 pandemic. In income households, particularly so during the COVID-19 pandemic. In ~~FY2020~~FY2021, a , a
Gene Falk
monthly average of monthly average of ~~39.9 mil ion persons in 20.5 mil ion~~41.5 million persons in 21.6 million households participated in households participated in
Specialist in Social Policy Specialist in Social Policy
SNAP. SNAP.

Federal SNAP law provides two basic pathways for financial eligibility Federal SNAP law provides two basic pathways for financial eligibility to the program: to the program:

(1) meeting program-specific federal eligibility (1) meeting program-specific federal eligibility requirements; or (2) being requirements; or (2) being ~~automatical y~~
~~or “categorical y” eligible~~ automatically or “categorically” eligible for SNAP based on being eligiblefor SNAP based on being eligible for or receiving benefits from other specified lowfor or receiving benefits from other specified low -
-income assistance programs. Categorical eligibilityincome assistance programs. Categorical eligibility eliminated the requirement that households who already met eliminated the requirement that households who already met
financial eligibilityfinancial eligibility rules in one specified low-income program go through another financial eligibility rules in one specified low-income program go through another financial eligibility
determination in SNAP. determination in SNAP.
In its traditional form, categorical eligibility In its traditional form, categorical eligibility conveys SNAP eligibilityconveys SNAP eligibility based on household receipt of cash based on household receipt of cash
assistance from Supplemental Security Income (SSI), the Temporary Assistance for Needy Families (TANF) assistance from Supplemental Security Income (SSI), the Temporary Assistance for Needy Families (TANF)
block grant, or state-run General Assistance (GA) programs. However, since the 1996 welfare reform law, states block grant, or state-run General Assistance (GA) programs. However, since the 1996 welfare reform law, states
have been able to expand categorical eligibilityhave been able to expand categorical eligibility beyond its traditional bounds. That law created TANF to replace beyond its traditional bounds. That law created TANF to replace
the Aidthe Aid to Families with Dependent Children (AFDC) program, which was a traditional cash assistance program. to Families with Dependent Children (AFDC) program, which was a traditional cash assistance program.
TANF is a broad-purpose block grant that finances a wide range of social and human services. TANF gives states TANF is a broad-purpose block grant that finances a wide range of social and human services. TANF gives states
flexibilityflexibility in meeting its goals, resulting in a wide variation of benefits and services offered among the states. in meeting its goals, resulting in a wide variation of benefits and services offered among the states.
SNAP SNAP ~~al ows~~allows states to convey categorical eligibility states to convey categorical eligibility based on receipt of a TANF “benefit,” not just TANF cash based on receipt of a TANF “benefit,” not just TANF cash
welfare. This provides states with the ability to convey categorical eligibilitywelfare. This provides states with the ability to convey categorical eligibility based on a wide range of benefits based on a wide range of benefits
and services. TANF benefits other than cash assistance and services. TANF benefits other than cash assistance ~~typical y~~typically are available to a broader range of households are available to a broader range of households
and at higher levels of income than are TANF cash assistance benefits. and at higher levels of income than are TANF cash assistance benefits.
As of As of ~~July 2021~~January 2022, 44 jurisdictions have implemented what the U.S. Department of Agriculture (USDA) has , 44 jurisdictions have implemented what the U.S. Department of Agriculture (USDA) has ~~cal ed~~
called “broad-based” categorical eligibility.“broad-based” categorical eligibility. These jurisdictions These jurisdictions ~~general y make al~~ generally make all households with incomes below a households with incomes below a
state-determined income threshold eligible for SNAP. States do this by providing households with a lowstate-determined income threshold eligible for SNAP. States do this by providing households with a low --cost cost
TANF-funded benefit or service such as a brochure or referral to a telephone hotline. There are varying TANF-funded benefit or service such as a brochure or referral to a telephone hotline. There are varying income eligibility ~~income~~
~~eligibility~~ thresholds within states that convey “broad-based” categorical eligibility,thresholds within states that convey “broad-based” categorical eligibility, though no state may have a though no state may have a
gross income limit above 200% of the federal poverty guidelines. In gross income limit above 200% of the federal poverty guidelines. In al all but five of these jurisdictions, there is no but five of these jurisdictions, there is no
asset test required for SNAP eligibility.asset test required for SNAP eligibility. ~~Categorical y~~ Categorically eligible eligible families bypass the regular SNAP asset limits. families bypass the regular SNAP asset limits.
However, their net incomes (income after deductions for expenses) must However, their net incomes (income after deductions for expenses) must ~~stil~~ still be low enough to qualify for a be low enough to qualify for a
SNAP benefit. That is, it is possible to be SNAP benefit. That is, it is possible to be ~~categorical y~~categorically eligible eligible for SNAP but have net income too high to for SNAP but have net income too high to ~~actual y~~actually
receive a benefit. The exception to this is one- or two-person households that would receive a benefit. The exception to this is one- or two-person households that would ~~stil~~ still receive the minimum receive the minimum
benefit. benefit.
Neither the Agriculture Act of 2014 (“2014 Farm Neither the Agriculture Act of 2014 (“2014 Farm ~~Bil ,”~~ Bill,” P.L. 113-79) nor the Agriculture Improvement Act of 2018 P.L. 113-79) nor the Agriculture Improvement Act of 2018
(“2018 Farm (“2018 Farm ~~Bil ,”~~ Bill,” P.L. 115-334) made changes to SNAP categorical eligibilityP.L. 115-334) made changes to SNAP categorical eligibility rules. House-passed versions of rules. House-passed versions of
both of these laws would have amended broad-based categorical eligibility.both of these laws would have amended broad-based categorical eligibility.
On July 24, 2019, the Trump Administration published a proposed rule to amend the categorical eligibility On July 24, 2019, the Trump Administration published a proposed rule to amend the categorical eligibility
regulations, proposing to limit the TANF-funded benefits that may convey categorical eligibility. This rule was regulations, proposing to limit the TANF-funded benefits that may convey categorical eligibility. This rule was
never finalized, and the Biden Administration withdrew it June 10, 2021. never finalized, and the Biden Administration withdrew it June 10, 2021.

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link to page 18 link to page 18 The Supplemental Nutrition Assistance Program (SNAP): Categorical Eligibility

Introduction
The Supplemental Nutrition Assistance Program (SNAP) provided food assistance to a monthly The Supplemental Nutrition Assistance Program (SNAP) provided food assistance to a monthly
average of average of ~~39.9 mil ion persons in 20.5 mil ion~~41.5 million persons in 21.6 million households in households in ~~FY2020~~FY2021. Total benefit costs were . Total benefit costs were
~~$74.1 bil ion in FY2020.~~$107.6 billion in FY2021.1
This report discusses categorical eligibility This report discusses categorical eligibility and some of the issues raised by it. Categorical and some of the issues raised by it. Categorical
eligibilityeligibility is a set of policies that make a SNAP applicant eligibleis a set of policies that make a SNAP applicant eligible based on the applicant’s based on the applicant’s
involvement with other low-income assistance programs: benefits from the Temporary Assistance involvement with other low-income assistance programs: benefits from the Temporary Assistance
for Needy Families (TANF) block grant, Supplemental Security Income (SSI), and state-financed for Needy Families (TANF) block grant, Supplemental Security Income (SSI), and state-financed
General Assistance (GA) Programs. Most of the controversy about SNAP categorical eligibility General Assistance (GA) Programs. Most of the controversy about SNAP categorical eligibility
focuses on “broad-based” categorical eligibility,focuses on “broad-based” categorical eligibility, stemming from the provision of SNAP law that stemming from the provision of SNAP law that
conveys eligibilityconveys eligibility based on a “TANF benefit,” as it was implemented by regulations promulgated based on a “TANF benefit,” as it was implemented by regulations promulgated
in 2000 by the Department of Agriculture.in 2000 by the Department of Agriculture.12 Under current law and regulation, it is a state option Under current law and regulation, it is a state option
to implement broad-based categorical eligibilityto implement broad-based categorical eligibility for SNAP. As a result, potential changes to for SNAP. As a result, potential changes to
curtail (or expand) categorical eligibilitycurtail (or expand) categorical eligibility may impact some states more than others. This report may impact some states more than others. This report
includes state-by-state information to assist in gauging these disparate impacts. includes state-by-state information to assist in gauging these disparate impacts.
SNAP is SNAP is ~~typical y~~typically reauthorized in an omnibus farm reauthorized in an omnibus farm ~~bil~~ bill law, and neither of the last two farm law, and neither of the last two farm ~~bil s~~bills
ultimately included changes to categorical eligibilityultimately included changes to categorical eligibility rules. The Agriculture Act of 2014 (2014 rules. The Agriculture Act of 2014 (2014
Farm Farm ~~Bil ,~~ Bill, P.L. 113-79) made no changes to SNAP categorical eligibilityP.L. 113-79) made no changes to SNAP categorical eligibility rules. The House-passed rules. The House-passed
version of the version of the ~~bil~~ bill that became the 2014 Farm that became the 2014 Farm ~~Bil~~ Bill would have eliminatedwould have eliminated “narrow” and “broad-“narrow” and “broad-
based categorical eligibility,”based categorical eligibility,” retaining only “traditional” categorical eligibilityretaining only “traditional” categorical eligibility for recipients of for recipients of
cash assistance. However, the House-passed provision was not included in the cash assistance. However, the House-passed provision was not included in the ~~bil~~ bill’s conference ’s conference
agreement. The most recent farm agreement. The most recent farm ~~bil~~ bill, Agriculture Improvement Act of 2018 (“2018 Farm , Agriculture Improvement Act of 2018 (“2018 Farm ~~Bil~~ Bill,” ,”
P.L. 115-334) made no changes to SNAP categorical eligibilityP.L. 115-334) made no changes to SNAP categorical eligibility rules. The House-passed version rules. The House-passed version
of the of the ~~bil~~ bill would have made changes to limit but not eliminate broad-based categorical eligibility. would have made changes to limit but not eliminate broad-based categorical eligibility.
These changes were not included in the conference agreement. While the statute on categorical These changes were not included in the conference agreement. While the statute on categorical
eligibilityeligibility has not changed in recent years, the Trump Administration proposed to limit categorical has not changed in recent years, the Trump Administration proposed to limit categorical
eligibilityeligibility via regulation, publishing on July 24, 2019, a proposed rule to do so.via regulation, publishing on July 24, 2019, a proposed rule to do so.23 The proposed The proposed
rule was never finalized and, on June 10, 2021, the Biden Administration withdrew it.rule was never finalized and, on June 10, 2021, the Biden Administration withdrew it.34 These These
proposals are discussed further in the proposals are discussed further in the “Recent Proposals to Change Categorical Eligibility”
section. section.
Regular and Categorical Eligibility for SNAP
Federal law provides the basic eligibilityFederal law provides the basic eligibility rules for SNAP. There are two basic pathways to gain rules for SNAP. There are two basic pathways to gain
financial eligibilityfinancial eligibility for SNAP: (1) having income and resources below specified levels set out in for SNAP: (1) having income and resources below specified levels set out in
~~federal SNAP law; and (2) being “categorical y,” or automatical y, eligible based on receiving~~
~~benefits from other specified low-income assistance programs.~~

~~1 T he provision of SNAP law is~~ 1 USDA Food and Nutrition Service (FNS) data available at https://www.fns.usda.gov/pd/supplemental-nutrition-assistance-program-snap (accessed February 15, 2022). The COVID-19 pandemic and federal SNAP policy responses to the pandemic influenced SNAP participation and SNAP costs in FY2021. See CRS Report R46681, USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic, by Randy Alison Aussenberg and Kara Clifford Billings. 2 The provision of SNAP law is found in Section 5(a) of the Food and Nutrition Act (codified at 7 U.S.C.found in Section 5(a) of the Food and Nutrition Act (codified at 7 U.S.C. §2014(a)), §2014(a)),
and the regulations are found at 7 C.F.R.and the regulations are found at 7 C.F.R. §273.2(j) §273.2(j)
23 USDA, USDA, Food and Nutrition Service, “Revision of Categorical EligibilityFood and Nutrition Service, “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance in the Supplemental Nutrition Assistance
Program (SNAP),” 84Program (SNAP),” 84 Federal Register 35570, July 24, 2019. 35570, July 24, 2019.
34 USDA, USDA, Food and Nutrition Service, “Revision of Categorical EligibilityFood and Nutrition Service, “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance in the Supplemental Nutrition Assistance
Program (SNAP); Withdrawal” 86Program (SNAP); Withdrawal” 86 Federal Register 30795, June 10, 2021. 30795, June 10, 2021.
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The Supplemental Nutrition Assistance Program (SNAP): Categorical Eligibility

federal SNAP law; and (2) being “categorically,” or automatically, eligible based on receiving benefits from other specified low-income assistance programs. Eligibility through Meeting Federal Income and Resource Tests
Under the regular federal rules, SNAP provides eligibilityUnder the regular federal rules, SNAP provides eligibility to households based on low income to households based on low income
and limitedand limited assets. Households must have net income (income after specified deductions) below assets. Households must have net income (income after specified deductions) below
100% of the federal poverty guidelines. In addition, federal rules provide that households without 100% of the federal poverty guidelines. In addition, federal rules provide that households without
an elderly or an elderly or ~~disabled4~~disabled5 member must have monthly gross income (income before deductions) member must have monthly gross income (income before deductions)
below 130% of the federal poverty guidelines. In below 130% of the federal poverty guidelines. In ~~FY2021~~FY2022, for a household of three people, in the , for a household of three people, in the
48 contiguous states, DC, Guam, and the Virgin Islands, this monthly gross income limit is 48 contiguous states, DC, Guam, and the Virgin Islands, this monthly gross income limit is
~~$2,353.5~~
~~Additional y,~~ $2,379.6 Additionally, the regular eligibilitythe regular eligibility rules provide that a household must have liquid assets below a rules provide that a household must have liquid assets below a
specified level. Under federal rules in specified level. Under federal rules in ~~FY2021~~FY2022, a household’s liquid assets must also be below , a household’s liquid assets must also be below
~~$2,250~~$2,500, and below $3,, and below $3,~~500~~750 in the case of households with an elderly or disabled member. The in the case of households with an elderly or disabled member. The
value of the home is excluded from this “assets test,” as are certain other forms of assets (e.g., value of the home is excluded from this “assets test,” as are certain other forms of assets (e.g.,
retirement and educational savings).retirement and educational savings).
Further, a portion of the value of a household’s vehicles is not counted toward the asset limit (up Further, a portion of the value of a household’s vehicles is not counted toward the asset limit (up
to $4,650 of the fair market value of a household’s vehicles). However, federal law gives states to $4,650 of the fair market value of a household’s vehicles). However, federal law gives states
the option to further exclude the value of vehicles from being counted toward the asset limit. the option to further exclude the value of vehicles from being counted toward the asset limit.
States may elect to use the exclusion applicable for TANF assistance in their SNAP program. States may elect to use the exclusion applicable for TANF assistance in their SNAP program.
Under TANF, many states fully exclude the value of one vehicle. This option is distinct from Under TANF, many states fully exclude the value of one vehicle. This option is distinct from
categorical eligibility.categorical eligibility.
Categorical Eligibility
Federal law also makes households in which Federal law also makes households in which al all members are either eligiblemembers are either eligible for or receive for or receive
benefits from TANF, Supplemental Security Income (SSI), or state-financed GA programs benefits from TANF, Supplemental Security Income (SSI), or state-financed GA programs
~~categorical y, or automatical y, eligible for SNAP.6~~categorically, or automatically, eligible for SNAP.7 These households, who have already gone These households, who have already gone
through eligibilitythrough eligibility determination for those programs, bypass the income and resource tests determination for those programs, bypass the income and resource tests
discussed above and are deemed discussed above and are deemed ~~financial y~~financially eligible. eligible.7 8 They then have their SNAP benefits They then have their SNAP benefits
determined. determined.
~~Categorical y~~Categorically eligible eligible households have their SNAP benefits determined under the same rules as households have their SNAP benefits determined under the same rules as
other households. A household’s SNAP benefit amount is based on the maximum benefit (which other households. A household’s SNAP benefit amount is based on the maximum benefit (which
varies by household size) and its net countable income after deductions for certain expenses. varies by household size) and its net countable income after deductions for certain expenses.
While the household may be While the household may be ~~categorical y~~categorically eligible, eligible, its net income may be too high to its net income may be too high to ~~actual y~~actually
receive a SNAP benefit. The exception is that receive a SNAP benefit. The exception is that ~~al eligible~~ all eligible households consisting of one or two 5 “Elderly or disabled” is ~~households consisting of one or two~~
~~persons are eligible for at least the minimum monthly benefit, set at $19 in the 48 contiguous~~
~~states and the District of Columbia for FY2021 (effective January 1, 2021).8~~

~~4 “Elderly or disabled” is~~ defined in Section 3(j) of the Food and Nutrition Act of 2008. defined in Section 3(j) of the Food and Nutrition Act of 2008.
56 Current and past years’ income guidelines Current and past years’ income guidelines are available on the USDA-FNSare available on the USDA-FNS website,website, at https://www.fns.usda.gov/at https://www.fns.usda.gov/
snap/allotment/COLA. snap/allotment/COLA.
6 7 Section 5(a) of the Food and Nutrition Act of 2008 (codified at 7 U.S.C. Section 5(a) of the Food and Nutrition Act of 2008 (codified at 7 U.S.C. §2014(a)). §2014(a)).
78 Additionally, federal law Additionally, federal law also provides a separate rule for households where some, but not all, members receive also provides a separate rule for households where some, but not all, members receive
benefits from benefits from ~~T ANF~~TANF or SSI. or SSI. In such households, recipients of In such households, recipients of ~~T ANF~~TANF or SSI or SSI benefits are deemedbenefits are deemed to have passedto have passed the the
SNAPSNAP resource test. resource test. ~~T hat~~That is, the assets of household members who receive is, the assets of household members who receive ~~T ANF~~TANF, SSI,, SSI, or GAor GA are disregardedare disregarded from the from the
household’s total resources when determining whether the household passeshousehold’s total resources when determining whether the household passes the asset test (Section 5(j) of the Food and the asset test (Section 5(j) of the Food and
Nutrition Act of 2008). Nutrition Act of 2008).
~~8 On January 1, 2021, the minimum benefit amounts for FY2021 increased as a result of COVID-19 pandemic response~~
~~laws’ (P.L. 116-260 and P.L. 117-2) increases to maximum benefits. For the~~ Congressional Research Service 2 The Supplemental Nutrition Assistance Program (SNAP): Categorical Eligibility persons are eligible for at least the minimum monthly benefit, set at $20 in the 48 contiguous states and the District of contiguous states and the District of
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~~The Supplemental Nutrition Assistance Program (SNAP): Categorical Eligibility~~
Columbia for FY2022.
Early History
Special rules providing for expedited eligibility Special rules providing for expedited eligibility of cash assistance recipients date back to of cash assistance recipients date back to
amendments to the Food Stamp program enacted in 1971.9 These rules were eliminated in the amendments to the Food Stamp program enacted in 1971.9 These rules were eliminated in the
rewrite of food stamp law enacted in 1977, but they were reinstated in phases during the early rewrite of food stamp law enacted in 1977, but they were reinstated in phases during the early
1980s through 1990.10 Categorical eligibility1980s through 1990.10 Categorical eligibility was seen as advancing the goals of simplifying was seen as advancing the goals of simplifying
administration, easing entry to the program for eligible households, emphasizing coordination administration, easing entry to the program for eligible households, emphasizing coordination
among low-income assistance programs, and reducing the potential for errors in establishing among low-income assistance programs, and reducing the potential for errors in establishing
eligibilityeligibility for benefits.11 The Food Security Act of 1985 conveyed categorical eligibilityfor benefits.11 The Food Security Act of 1985 conveyed categorical eligibility ~~to al~~
to all households receiving cash aid from Aid to Families with Dependent Children (AFDC), SSI, or households receiving cash aid from Aid to Families with Dependent Children (AFDC), SSI, or
state-run GA programs. These programs had their own income and resource tests (often more state-run GA programs. These programs had their own income and resource tests (often more
stringent than food stamp tests), so subjecting a household to a separate set of income and stringent than food stamp tests), so subjecting a household to a separate set of income and
resource tests for food stamps could be seen as redundant and inefficient. resource tests for food stamps could be seen as redundant and inefficient.
The 1996 Welfare Law and TANF
The current form of categorical eligibility The current form of categorical eligibility resulted from the 1996 welfare reform law (the resulted from the 1996 welfare reform law (the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193). That Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193). That
law ended AFDC, replacing it with TANF. AFDC was a traditional cash assistance program. law ended AFDC, replacing it with TANF. AFDC was a traditional cash assistance program.
Within some federal rules, states set AFDC eligibilityWithin some federal rules, states set AFDC eligibility and benefit amounts, but federal law and benefit amounts, but federal law
established it as a cash welfare program. AFDC eligibilityestablished it as a cash welfare program. AFDC eligibility rules were rules were ~~general y~~generally more restrictive more restrictive
than those for food stamps, and most AFDC families also received a substantial food stamp than those for food stamps, and most AFDC families also received a substantial food stamp
benefit. benefit.
TANF, on the other hand, is a broad-purpose block grant that gives states broad flexibility to TANF, on the other hand, is a broad-purpose block grant that gives states broad flexibility to
expend funds. The statutory purpose of TANF is to increase state flexibility to achieve four policy expend funds. The statutory purpose of TANF is to increase state flexibility to achieve four policy
goals:12 goals:12
1. provide assistance to needy families so that children can be cared for in their 1. provide assistance to needy families so that children can be cared for in their
own homes or in the homes of their relatives; own homes or in the homes of their relatives;
2. end dependence by needy parents on government benefits through promoting 2. end dependence by needy parents on government benefits through promoting
work, job preparation, and marriage; work, job preparation, and marriage;
3. reduce the incidence of out-of-wedlock pregnancies; and 3. reduce the incidence of out-of-wedlock pregnancies; and
4. promote the formation and maintenance of two-parent families. 4. promote the formation and maintenance of two-parent families.
~~States may expend TANF funds and associated state funds (cal ed Maintenance of Effort or MOE~~
~~funds) in any manner “reasonably calculated”13 to achieve the TANF purpose, providing broad~~

~~Columbia, the amount increased from $16 to $19.~~
9 Section 6 of P.L. 91-671. 9 Section 6 of P.L. 91-671.
10 10 ~~T he~~The Omnibus Budget Omnibus Budget Reconciliation Act of 1982 (P.L. 97-253) provided that a household in which all members Reconciliation Act of 1982 (P.L. 97-253) provided that a household in which all members
received Aidreceived Aid to Families with Dependent Children (AFDC)to Families with Dependent Children (AFDC) cash assistance bypasscash assistance bypass the Food Stamp assetthe Food Stamp asset test (but not test (but not
the income eligibility test). the income eligibility test). ~~T he~~The Food Security Act of 1985 ( Food Security Act of 1985 ( P.L. 99-198) provided that households in which all P.L. 99-198) provided that households in which all
members received AFDCmembers received AFDC or SSIor SSI ~~would~~ would be automatically eligiblebe automatically eligible for Food Stamps, bypassing both the income and asset for Food Stamps, bypassing both the income and asset
tests. P.L. 99-198 made this a temporary provision that would sunset at the end of FY1998. P.L. 100-435 eliminated the tests. P.L. 99-198 made this a temporary provision that would sunset at the end of FY1998. P.L. 100-435 eliminated the
sunset, making categorical eligibilitysunset, making categorical eligibility a permanent feature of Food Stampa permanent feature of Food Stamp law.law. Categorical eligibilityCategorical eligibility ~~was~~ was extended to extended to
recipients of state-run GA programs in 1990, enacted as part of P.L. 101-624. recipients of state-run GA programs in 1990, enacted as part of P.L. 101-624.
11 U.S.11 U.S. Congress, HouseCongress, House Committee on Agriculture, report to accompany H.R. 2100, 99th Cong., 1st sess., September Committee on Agriculture, report to accompany H.R. 2100, 99th Cong., 1st sess., September
13, 1985, H.Rept. 99-271, Part 1 (Washington: GPO, 1985), p. 142. 13, 1985, H.Rept. 99-271, Part 1 (Washington: GPO, 1985), p. 142.
12 Section 401(a) of the Social Security 12 Section 401(a) of the Social Security ~~Act.~~
~~13 Section 404(a)(1) of the Social Security~~ Act. Act.
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States may expend TANF funds and associated state funds (called Maintenance of Effort or MOE funds) in any manner “reasonably calculated”13 to achieve the TANF purpose, providing broad authority for the types of activities that may be funded. These activities include the traditional authority for the types of activities that may be funded. These activities include the traditional
cash assistance programs—which convey traditional categorical eligibility.14cash assistance programs—which convey traditional categorical eligibility.14 However, in FY2016 However, in FY2016
traditional cash welfare accounted for only 24% of traditional cash welfare accounted for only 24% of al all expenditures from the TANF block grant expenditures from the TANF block grant
and MOE funds.and MOE funds.
TANF funds a wide range of other benefits and services that seek to ameliorate the effects, or TANF funds a wide range of other benefits and services that seek to ameliorate the effects, or
address the root causes, of child poverty. TANF benefits and services to achieve the first two address the root causes, of child poverty. TANF benefits and services to achieve the first two
goals of TANF (provide assistance, end dependence of needy parents on government benefits) goals of TANF (provide assistance, end dependence of needy parents on government benefits)
must be for needy families with children. These benefits or services are need-tested, though states must be for needy families with children. These benefits or services are need-tested, though states
determine their own income thresholds. These benefits are often available to families at higher determine their own income thresholds. These benefits are often available to families at higher
levels of income than is cash assistance, often a multiple of the federal poverty threshold, and levels of income than is cash assistance, often a multiple of the federal poverty threshold, and
without an asset test. without an asset test.
Moreover, TANF services directed at the third and fourth goals shown above can be for Moreover, TANF services directed at the third and fourth goals shown above can be for any
person in a state; that is, TANF services to reduce out-of-wedlock pregnancies or promote two-person in a state; that is, TANF services to reduce out-of-wedlock pregnancies or promote two-
parent families are not restricted to families with children. Federal rules also do not require that parent families are not restricted to families with children. Federal rules also do not require that
they be need-tested. Thus, these benefits and services are they be need-tested. Thus, these benefits and services are ~~potential y~~potentially available available to a state’s entire to a state’s entire
population. population.
What TANF Means for Categorical Eligibility
The 1996 welfare reform law did not substantively change SNAP law with respect to categorical The 1996 welfare reform law did not substantively change SNAP law with respect to categorical
eligibility.eligibility. Rather, it simply replaced the reference to AFDC with one to TANF in the section of Rather, it simply replaced the reference to AFDC with one to TANF in the section of
law that conveys categorical eligibility. As discussed above, TANF gives states much broader law that conveys categorical eligibility. As discussed above, TANF gives states much broader
authority than they had under AFDC to offer different types of benefits and services. This authority than they had under AFDC to offer different types of benefits and services. This
expansion of authority under TANF had major implications for categorical eligibility,expansion of authority under TANF had major implications for categorical eligibility, ~~al owing~~ allowing
states to convey categorical eligibilitystates to convey categorical eligibility based on receipt of a wide range of human services rather based on receipt of a wide range of human services rather
than simply cash welfare. than simply cash welfare.
U.S. Department of Agriculture (USDA) regulations issued in 2000 provide rules for which U.S. Department of Agriculture (USDA) regulations issued in 2000 provide rules for which
noncash or in-kind TANF or MOE-funded benefits or services can be used to convey SNAP noncash or in-kind TANF or MOE-funded benefits or services can be used to convey SNAP
categorical eligibility.15categorical eligibility.15 The regulations require that states make The regulations require that states make ~~categorical y~~categorically eligible eligible for SNAP for SNAP
 households in which  households in which al all members receive or are authorized to receive16 members receive or are authorized to receive16 cash
assistance funded by TANF or MOE dollars; and funded by TANF or MOE dollars; and
 households in which  households in which al all members receive or are authorized to members receive or are authorized to receive noncash
aid funded at least 50% by TANF or MOE dollars. at least 50% by TANF or MOE dollars.
The regulations imposed one restriction on states in conveying categorical eligibility: The regulations imposed one restriction on states in conveying categorical eligibility: if the if the
TANF- or MOE-funded benefit or service was aimed at achieving TANF goals three (reducing TANF- or MOE-funded benefit or service was aimed at achieving TANF goals three (reducing
~~out-of-wedlock pregnancies) or four (promoting two-parent families), the state would have to~~

13 Section 404(a)(1) of the Social Security Act. 14 In regulations promulgated after the 1996 welfare law,14 In regulations promulgated after the 1996 welfare law, the Department of Health and Human Servicesthe Department of Health and Human Services (HHS) divided (HHS) divided
~~T ANF~~TANF- and MOE-funded- and MOE-funded activities into two categories: (1) assistance, and (2) everything else. activities into two categories: (1) assistance, and (2) everything else. ~~T he~~The regulations defined regulations defined
assistance generally asassistance generally as representing the traditional cash assistance programs (“representing the traditional cash assistance programs (“ basic assistance”) and transportation or basic assistance”) and transportation or
child care aid for nonworking persons. child care aid for nonworking persons.
15 15 ~~T he~~The regulations are at 7 C.F.R. 273.2(j). See discussion regulations are at 7 C.F.R. 273.2(j). See discussion of the final rule at U.S.of the final rule at U.S. Department of Agriculture, Food Department of Agriculture, Food ~~an d~~and
Nutrition Service, “Food Stamp Program: Noncitizen Eligibility, and Certification Provisions of P.L. 104-193, as Nutrition Service, “Food Stamp Program: Noncitizen Eligibility, and Certification Provisions of P.L. 104-193, as
AmendedAmended by Public Lawsby Public Laws 104-208, 105-33, and 105-185,” 65104-208, 105-33, and 105-185,” 65 Federal Register 70159-70161, November 21, 2000. 70159-70161, November 21, 2000.
16 The~~16 T he~~ regulations also provide that a family is categorically eligible regulations also provide that a family is categorically eligible if they either receive a if they either receive a ~~T ANF~~TANF- or MOE-funded - or MOE-funded
benefit or if they are “authorized” to receive such a benefit. “Authorized” to receive a benefit means that they have benefit or if they are “authorized” to receive such a benefit. “Authorized” to receive a benefit means that they have
been determined eligiblebeen determined eligible and have been informed as such;and have been informed as such; they do not need to actually bethey do not need to actually be receiving benefits. receiving benefits.
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out-of-wedlock pregnancies) or four (promoting two-parent families), the state would have to choose a program with an income limit of no more than 200% of the federal poverty guideline for choose a program with an income limit of no more than 200% of the federal poverty guideline for
conveying categorical eligibility. conveying categorical eligibility.
~~Additional y,~~ Additionally, subject to the 200% of poverty restriction discussed above, the regulations give subject to the 200% of poverty restriction discussed above, the regulations give
states the states the option of making of making ~~categorical y~~categorically eligible eligible for SNAP for SNAP
 households in which  households in which al all members receive or are authorized to members receive or are authorized to receive noncash
assistance funded funded less than 50% by TANF or MOE dollars; and by TANF or MOE dollars; and
 households in which  households in which at least one member receives or is authorized to receive receives or is authorized to receive
noncash aid funded at least noncash aid funded at least ~~partial y~~ partially by TANF or MOE dollars, but the state by TANF or MOE dollars, but the state
agency determines the whole household benefits from such noncash aid. agency determines the whole household benefits from such noncash aid.
Traditional, Narrow, and Broad-Based
Categorical Eligibility
As discussed, in instances of categorical eligibility, SNAP applicants can be found eligibleAs discussed, in instances of categorical eligibility, SNAP applicants can be found eligible for for
SNAP based on their receipt of benefits from other specified means-tested programs.17 At SNAP based on their receipt of benefits from other specified means-tested programs.17 At
minimum, households that receive Temporary Assistance for Needy Families (TANF) cash minimum, households that receive Temporary Assistance for Needy Families (TANF) cash
assistance, Supplemental Security Income (SSI), or state-funded general assistance cash benefits assistance, Supplemental Security Income (SSI), or state-funded general assistance cash benefits
must be found must be found ~~categorical y~~categorically eligible eligible for SNAP. However, the 1996 welfare reform law’s creation for SNAP. However, the 1996 welfare reform law’s creation
of TANF as a broad-based block grant has of TANF as a broad-based block grant has ~~al owed~~allowed for a state option to include a long list of for a state option to include a long list of
benefits/services that can convey SNAP eligibility.benefits/services that can convey SNAP eligibility. This section discusses state choices in this This section discusses state choices in this
area as of area as of ~~July 2021.~~
January 2022. Scope and Reach of Categorical Eligibility
The current status of SNAP categorical eligibilityThe current status of SNAP categorical eligibility is the product of state choices. At minimum, a is the product of state choices. At minimum, a
state must implement “traditional” categorical eligibility,state must implement “traditional” categorical eligibility, but some states but some states ~~al ow~~allow additional additional
programs and benefits to convey categorical eligibility.programs and benefits to convey categorical eligibility. The USDA has developed a typology of The USDA has developed a typology of
state practices on categorical eligibility,state practices on categorical eligibility, categorizing states into three groups categorizing states into three groups
  Traditional categorical eligibility only. In its traditional form, a household In its traditional form, a household
where where al all members receive need-tested cash aid from SSI, GA, or TANF is members receive need-tested cash aid from SSI, GA, or TANF is
~~automatical y~~automatically made eligible made eligible for SNAP as for SNAP as ~~wel~~ well. These households have already . These households have already
met the income and (in general) resource test for cash aid. Note that states set met the income and (in general) resource test for cash aid. Note that states set
income and asset eligibilityincome and asset eligibility rules for TANF and GA. SSI provides a federal rules for TANF and GA. SSI provides a federal
income floor based on federal rules for the needy who are aged, blind, or income floor based on federal rules for the needy who are aged, blind, or
disabled. However, states may supplement SSI with their own funds, leading to disabled. However, states may supplement SSI with their own funds, leading to
state variation in SSI eligibilitystate variation in SSI eligibility ~~as wel~~ as well. .
 “  “Narrow” categorical eligibility. These states have expanded categorical These states have expanded categorical
eligibility eligibility beyond just traditional categorical eligibility,beyond just traditional categorical eligibility, but in a way to limit the but in a way to limit the
number of households made eligiblenumber of households made eligible for SNAP. These states convey categorical for SNAP. These states convey categorical
eligibilityeligibility through receipt of cash and certain TANF noncash benefits, such as through receipt of cash and certain TANF noncash benefits, such as
child care and counseling. child care and counseling.
  “Broad-based” categorical eligibility. These states have expanded categorical . These states have expanded categorical
eligibility eligibility in ways that make most, if not in ways that make most, if not al all, households with low incomes in a , households with low incomes in a
~~state categorical y eligible for SNAP. States could make al low-income~~

~~17 See 7 U.S.C.~~ 17 See 7 U.S.C. §2014(a). §2014(a).
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state categorically eligible for SNAP. States could make all low-income households in a state—including those without children—eligiblehouseholds in a state—including those without children—eligible for a TANF-for a TANF-
funded service directed at either the reducing out-of-wedlock pregnancies or funded service directed at either the reducing out-of-wedlock pregnancies or
promoting two-parent families goals of TANF. If a state opted to do so, any lowpromoting two-parent families goals of TANF. If a state opted to do so, any low --
income household (under 200% of poverty, per regulation) could either receive, income household (under 200% of poverty, per regulation) could either receive,
or be authorized to receive, such a TANF-funded service. Based on the currently or be authorized to receive, such a TANF-funded service. Based on the currently
availableavailable information, 44 jurisdictions (41 states, the District of Columbia, information, 44 jurisdictions (41 states, the District of Columbia,
Guam, and the Virgin Islands) have broad-based categorical eligibilityGuam, and the Virgin Islands) have broad-based categorical eligibility policies. policies.
USDA currently does not have reliable information on the number of states that have opted to use USDA currently does not have reliable information on the number of states that have opted to use
“narrow” categorical eligibility.“narrow” categorical eligibility. However, they do track both the number of states and rules used However, they do track both the number of states and rules used
for states that have opted to use broad-based categorical eligibilityfor states that have opted to use broad-based categorical eligibility. . Figure 1 displays a map displays a map
showing the states that use broad-based categorical eligibilityshowing the states that use broad-based categorical eligibility (shaded in blue). (shaded in blue).
Figure 1. States Opting for SNAP Broad-Based Categorical
Eligibility as of ~~July 2021~~January 2022

Source: CongressionalCongressional Research ServiceResearch Service (CRS), based on data from(CRS), based on data from the U.S. Department of Agriculture,the U.S. Department of Agriculture, as of as of
~~July 2021.~~
January 2022. Note: Some Some states implementstates implement “narrow” categorical eligibility.“narrow” categorical eligibility. Without a reliableWithout a reliable data source for “narrow,” this data source for “narrow,” this
map only reflects those opting for broad-based categorical eligibility.map only reflects those opting for broad-based categorical eligibility.
“Broad-Based” Categorical Eligibility Practices
Broad-based categorical eligibilityBroad-based categorical eligibility is a policy that makes most households with incomes below a is a policy that makes most households with incomes below a
certain threshold certain threshold ~~categorical y~~categorically eligible eligible for SNAP. for SNAP. ~~Typical y~~Typically, households are made , households are made ~~categorical y~~
~~eligible~~ categorically eligible through receiving or being authorized to receive a minimal TANF- or MOE-funded through receiving or being authorized to receive a minimal TANF- or MOE-funded
~~benefit or service, such as being given a brochure or being referred to a social services “800”~~
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benefit or service, such as being given a brochure or being referred to a social services “800” telephone number (setelephone number (see Table 1). . ~~Recal ing~~Recalling the USDA regulation, the brochure or telephone the USDA regulation, the brochure or telephone
number must be funded with TANF or MOE dollars and thus must be directed at a TANF number must be funded with TANF or MOE dollars and thus must be directed at a TANF
purpose.18 The Department of Agriculture reports that, as of purpose.18 The Department of Agriculture reports that, as of ~~July 2021~~January 2022, 44 jurisdictions operated , 44 jurisdictions operated
broad-based categorical eligibilitybroad-based categorical eligibility to make most or to make most or al all households in their state with whom the households in their state with whom the
state welfare office comes in contact SNAP eligible.state welfare office comes in contact SNAP eligible.
Table 1 shows the use of SNAP broad-based categorical eligibilityshows the use of SNAP broad-based categorical eligibility by state as of by state as of ~~July 2021. Of~~
January 2022. Of the 44 jurisdictions using broad-based categorical eligibility, the 44 jurisdictions using broad-based categorical eligibility,
 42 make  42 make al all family types eligiblefamily types eligible (New Hampshire and New York limit(New Hampshire and New York limit broad-broad-
based categorical eligibility based categorical eligibility to certain household types); to certain household types);
 39 currently have no asset test. Note, though, currently in 16 of these  39 currently have no asset test. Note, though, currently in 16 of these
jurisdictions, households with an elderly and disabled member with incomes in jurisdictions, households with an elderly and disabled member with incomes in
excess of 200% of the federal poverty guidelines have to meet the regular SNAP excess of 200% of the federal poverty guidelines have to meet the regular SNAP
asset tests of $3,500 for households of that typeasset tests of $3,500 for households of that type); ;
 5 states (Idaho, Indiana, Michigan, Nebraska, and Texas) apply an asset test for  5 states (Idaho, Indiana, Michigan, Nebraska, and Texas) apply an asset test for
al all households); and households); and
  3536 have a gross income limit above 130% of the federal poverty guidelines. have a gross income limit above 130% of the federal poverty guidelines.
According to USDA policy and guidance, there is a general way that a state would administer According to USDA policy and guidance, there is a general way that a state would administer
broad-based categorical eligibilitybroad-based categorical eligibility for a SNAP applicant. The local SNAP office would collect for a SNAP applicant. The local SNAP office would collect
basic income information on the applicant; if the applicant’s income is below the limit specified, basic income information on the applicant; if the applicant’s income is below the limit specified,
then the state office would administer, or determine whether a member of the household was then the state office would administer, or determine whether a member of the household was
authorized to receive, a relatively nominal TANF-funded benefit or service. Receipt of this TANF authorized to receive, a relatively nominal TANF-funded benefit or service. Receipt of this TANF
benefit or service then constitutes SNAP eligibilitybenefit or service then constitutes SNAP eligibility through broad-based categorical eligibility. through broad-based categorical eligibility.
(As discussed above, it is (As discussed above, it is ~~stil~~ still possible to be possible to be ~~categorical y~~categorically eligible eligible but receive no benefit because but receive no benefit because
net income is too high.19) net income is too high.19)
As an As an ~~il ustration~~illustration, in the case of the District of Columbia, as shown in the table, if the applicant’s , in the case of the District of Columbia, as shown in the table, if the applicant’s
gross income is below 200% of poverty, the applicant would then receive a particular brochure gross income is below 200% of poverty, the applicant would then receive a particular brochure
for a program that is TANF-funded and would then be eligiblefor a program that is TANF-funded and would then be eligible for SNAP through the broad-based for SNAP through the broad-based
categorical eligibilitycategorical eligibility pathway. ~~pathway.~~

18 For a discussion18 For a discussion of state practices regarding “broad-based”of state practices regarding “broad-based” categorical eligibility, seecategorical eligibility, see U.S. Government U.S. Government
Accountability Office, Accountability Office, ~~Supplem ental~~Supplemental Nutrition Assistance Program ~~: Im proved~~: Improved Oversight of State Eligibility Expansions
Needed, GAO-12-670, July, GAO-12-670, July 2012. 2012.
19 Additionally, some states impose a net income test for at least some categories of applicants and recipients under 19 Additionally, some states impose a net income test for at least some categories of applicants and recipients under
their broad-basedtheir broad-based categorical eligibilitycategorical eligibility policies. Seepolicies. See Elizabeth Laird and Carole Elizabeth Laird and Carole ~~T rippe,~~ ~~Program s~~Trippe, Programs Conferring
Categorical Eligibility for SNAP: State Policies and the ~~Num ber~~Number and Characteristics of Households Affected , ,
Mathematica Policy Research, February 2014, p. 14. Mathematica Policy Research, February 2014, p. 14.
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Table 1. SNAP Broad-Based Categorical Eligibility by State
Information as of Information as of ~~July 2021~~January 2022, excludes states without broad-based categorical eligibility , excludes states without broad-based categorical eligibility
Gross Income
Limit for
Households
Without an Elderly
or Disabled
Type of TANF
Member (% of
Households
Benefit or
federal poverty
State
Eligible
Servicea
Asset Rules
~~guidelines~~guidelines)b
Alabama Alabama
Al
All Brochure Brochure
No limit. No limit. Households Households
130% 130%
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Arizona Arizona
Al
All Referral Referral on on
No limit No limit
185% 185%
application application
California California
Al
All Pamphlet Pamphlet
No limit. No limit. Households Households
200% 200%
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Colorado Colorado
Al
All Notice on Notice on
No limit. No limit. Households Households
200% 200%
application application
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Connecticut Connecticut
Al
All “Help for People in No limit “Help for People in No limit
185% 185%
Need” brochure Need” brochure
Delaware Delaware
Al
All Application refers Application refers
No limit No limit
200% 200%
to a pregnancy to a pregnancy
prevention hotline prevention hotline
District District of of
Al
All Brochure Brochure
No limit No limit
200% 200%
Columbia Columbia
Florida Florida
Al
All Notice Notice
No limit. No limit. Households Households
200% 200%
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit.asset limit.
Georgia Georgia
Al
All TANF Community TANF Community
No limit. No limit. Households Households
130% 130%
Outreach Services Outreach Services
with an elderly with an elderly or or
brochure brochure
disabled member disabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Guam Guam
Al
All Brochure Brochure
No limit No limit
165% 165%
~~Hawai~~
Al
Hawaii All Brochure Brochure
No limit No limit
200% 200%
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Gross Income
Limit for
Households
Without an Elderly
or Disabled
Type of TANF
Member (% of
Households
Benefit or
federal poverty
State
Eligible
Servicea
Asset Rules
~~guidelines~~guidelines)b
Idaho Idaho
Al
All Flyer Flyer about referralabout referral
$5,000 $5,000
130% 130%
service service
Il inois Il inois
Al
All Guide to services Guide to services
No limit. No limit. Households Households
165% 165%
brochure with an elderlywith an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Indiana Indiana
Al
All Brochure Brochure
$5,000 $5,000
130% 130%
Iowa Iowa
Al
All Notice of eligibility Notice of eligibility
No limit No limit
160% 160%
and brochure and brochure
Kentucky Kentucky
Al
All Resource guide Resource guide
No limit. No limit. Households Households
200% 200%
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Louisiana Louisiana
Al
All Notice Notice
No limit. No limit.
130% 130%
Maine Maine
Al
All Resource guide Resource guide
No limit. No limit.
185% 185%
Maryland Maryland
Al
All Referral Referral to servicesto services
No limitNo limit
200% 200%
on application on application
Massachusetts Massachusetts
Al
All Brochure Brochure
No limit. No limit. Households Households
200% 200%
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit.asset limit.
Michigan Michigan
Al
All Language on Language on
$15,000. $15,000.
200% 200%
application and application and
notice. notice.
Minnesota Minnesota
Al
All Domestic Domestic violence violence
No limit No limit
165% 165%
brochure brochure
Montana Montana
Al
All Brochure Brochure
No limit No limit
200% 200%
Nebraska Nebraska
Al
All Pamphlet, Pamphlet,
$25,000 for liquid assets $25,000 for liquid assets
~~130~~165% %
statement on statement on
notices and notices and
applications applications
Nevada Nevada
Al
All Pregnancy Pregnancy
No limit No limit
200% 200%
prevention prevention
information on information on
application application
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Gross Income
Limit for
Households
Without an Elderly
or Disabled
Type of TANF
Member (% of
Households
Benefit or
federal poverty
State
Eligible
Servicea
Asset Rules
~~guidelines~~guidelines)b
New Hampshire New Hampshire
Households Households
Brochure Brochure
No limit No limit
185% 185%
with at least with at least
one dependent one dependent
child “and a child “and a
specified specified
relativerelative to that to that
child” child”
New Jersey New Jersey
Al
All Brochure Brochure
No limit No limit
185% 185%
New Mexico New Mexico
Al
All Brochure Brochure
No limit No limit
165% 165%
New York New York
Households Households
“Helping Hands” “Helping Hands”
No limit. No limit. Households Households
200% for households 200% for households
with with
brochure mailed brochure mailed
with an elderly with an elderly or or
with dependent care with dependent care
dependent dependent
yearly yearly
disabled member disabled member with with
expenses; or expenses; or
care expenses; care expenses;
incomes incomes over 200% of over 200% of
150% for households 150% for households
or or
poverty face a $3,500 poverty face a $3,500
with earned income with earned income
households households
asset limit. asset limit.
and no dependent and no dependent
with earned with earned
care expenses care expenses
income income
North Carolina North Carolina
Al
All Statement on Statement on
No limit No limit
200% 200%
application/recertifi application/recertifi
cation forms cation forms
North Dakota North Dakota
Al
All Statement on Statement on
No limit No limit
200% 200%
application/recertifi application/recertifi
cation formscation forms and and
pamphlet pamphlet
Ohio Ohio
Al
All Ohio Benefit Bank Ohio Benefit Bank
No limit. No limit. Households Households
130% 130%
information on information on
with an elderly with an elderly or or
approval notice approval notice
disabled member disabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Oklahoma Oklahoma
Al
All Certification notice No limit Certification notice No limit
130% 130%
has 2-1-1 number has 2-1-1 number
for information and for information and
referralreferral to to
community community
services services
Oregon Oregon
Al
All Pamphlet Pamphlet
No limit No limit
~~185~~200% %
Pennsylvania Pennsylvania
Al
All Pamphlet Pamphlet
No limit. No limit. Households Households
160% 160%
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit.asset limit.
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Gross Income
Limit for
Households
Without an Elderly
or Disabled
Type of TANF
Member (% of
Households
Benefit or
federal poverty
State
Eligible
Servicea
Asset Rules
~~guidelines~~guidelines)b
Rhode Island Rhode Island
Al
All Publication Publication
No limit. No limit. Households Households
185% 185%
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
South Carolina South Carolina
Al
All Pamphlet Pamphlet
No limit. No limit. Households Households
130% 130%
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Texas Texas
Al
All Information about Information about
$5,000 (excludes one $5,000 (excludes one
165% 165%
various services various services
vehicle up to $15,000, vehicle up to $15,000,
provided on the provided on the
includes excess vehicle includes excess vehicle
application application
value). value).
Vermont Vermont
Al
All Notice with Notice with
No limit No limit
185% 185%
language on language on
website for website for
services services
Virgin Islands Virgin Islands
Al
All Brochure Brochure
No limit. No limit. Households Households
175% 175%
with an elderly with an elderly or or
disabled memberdisabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Virginia Virginia
Al
All Brochure Brochure
No limit No limit
200% 200%
Washington Washington
Al
All Information and Information and
No limit No limit
200% 200%
~~referral services~~Referral Services
provided on provided on
approval letter approval letter
West Virginia West Virginia
Al
All Information and Information and
No limit. No limit. Households Households
200% 200%
~~referral services~~Referral Services
with an elderly with an elderly or or
program brochure program brochure
disabled member disabled member with with
incomesincomes over 200% of over 200% of
poverty face a $3,500 poverty face a $3,500
asset limit. asset limit.
Wisconsin Wisconsin
Al
All Job Net Job Net ~~services~~Services
No limit No limit
200% 200%
language on language on
approval and approval and
change notices change notices
Source: Prepared by the CongressionalPrepared by the Congressional Research ServiceResearch Service based on data frombased on data from U.S. Department of Agriculture, U.S. Department of Agriculture,
Food and Nutrition ServiceFood and Nutrition Service (FNS). (FNS).
a. Type of TANF benefit or servicea. Type of TANF benefit or service is informationis information col ected by the USDA, and this column utilizescol ected by the USDA, and this column utilizes USDA’s USDA’s
terms. terms. ~~References~~ References to a notice or notice on application to a notice or notice on application ~~general y refers~~ generally refers to an agency communication that an to an agency communication that an
applicant may be eligibleapplicant may be eligible for TANF or related benefit.for TANF or related benefit.
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b. Households with an elderly b. Households with an elderly or disabled memberor disabled member do not have a gross incomedo not have a gross income ~~limit~~ limit in SNAP.in SNAP.
Incomes and Assets of SNAP Households
Income
Because broad-based categorical eligibilityBecause broad-based categorical eligibility conveys SNAP to households with gross incomes as conveys SNAP to households with gross incomes as
high as 200% of poverty, there is concern that it could be unduly expanding the program. high as 200% of poverty, there is concern that it could be unduly expanding the program.
However, broad-based categorical eligibilityHowever, broad-based categorical eligibility has nothas not resulted in large numbers of households resulted in large numbers of households
receiving SNAP who have gross incomes, as measured using SNAP income counting rules, receiving SNAP who have gross incomes, as measured using SNAP income counting rules,
exceeding 130% of poverty.exceeding 130% of poverty.2020 Table 2 shows that in FY2019, a monthly average of 4.8% of shows that in FY2019, a monthly average of 4.8% of al
all households without an elderly or disabled member had incomes above 130% of poverty. (As households without an elderly or disabled member had incomes above 130% of poverty. (As
mentioned above, households with an elderly or disabled member are not subject to the 130% of mentioned above, households with an elderly or disabled member are not subject to the 130% of
poverty gross income limit under regular federal eligibilitypoverty gross income limit under regular federal eligibility rules.) rules.)
Table 2. Gross Incomes of SNAP Households Compared with Poverty: FY2019
By household type By household type
Households
~~Without~~ Without an
Households
Elderly or
With an Elderly
Disabled
or Disabled
All SNAP

Member
Member
Households
100% of poverty or lower 100% of poverty or lower
84.7% 84.7%
75.1% 75.1%
80.1% 80.1%
101% to 130% of poverty 101% to 130% of poverty
10.5 10.5
16.4 16.4
13.4 13.4
131% of poverty and higher 131% of poverty and higher
4.8 4.8
8.5 8.5
6.6 6.6
Totals Totals
100.0 100.0
100.0 100.0
100.0 100.0
Source: Congressional Congressional Research ServiceResearch Service (CRS) tabulations of the FY2019 SNAP Quality Control Data File. (CRS) tabulations of the FY2019 SNAP Quality Control Data File.
Notes: Detail may not add to totals because of rounding. The information on the Quality Control Data File Detail may not add to totals because of rounding. The information on the Quality Control Data File
sometimessometimes fails to categorize a household with a disabled member.fails to categorize a household with a disabled member. Therefore,Therefore, ~~some~~ some households classified in this households classified in this
table as “without an elderlytable as “without an elderly or disabled member”or disabled member” may in fact contain a disabled person. may in fact contain a disabled person.
Table 3 shows both the number and percentage of households without an elderly or disabled shows both the number and percentage of households without an elderly or disabled
member that have incomes above 130% of poverty by state.21 Note that tabulations imember that have incomes above 130% of poverty by state.21 Note that tabulations in Table 2 and and
Table 3 reflect states’ SNAP households under states’ broad-based categorical eligibilityreflect states’ SNAP households under states’ broad-based categorical eligibility ~~practices~~

~~20 T his is based~~ practices 20 This is based on data from the SNAP Quality Control Data files. on data from the SNAP Quality Control Data files. ~~T hese~~These are administrative data, and the files include are administrative data, and the files include
monthly income data collected in determining SNAPmonthly income data collected in determining SNAP eligibility and benefits. eligibility and benefits. ~~T he~~The data and the data and the ~~resultin g~~resulting analysis differ analysis differ
in a numberin a number of waysof ways from that of Census Bureaufrom that of Census Bureau household survey income data of SNAPhousehold survey income data of SNAP households. SNAPhouseholds. SNAP monthly monthly
income data represents gross income asincome data represents gross income as defined in SNAP law;defined in SNAP law; this might exclude some income reported by households this might exclude some income reported by households
in the Census survey. Moreover, SNAP eligibility and benefits are basedin the Census survey. Moreover, SNAP eligibility and benefits are based on m onthly on monthly income. income. ~~T he~~The most widely reported most widely reported
income data from Censusincome data from Census ~~household~~ household surveys examines annual income. Households may use the SNAPsurveys examines annual income. Households may use the SNAP program in program in
particular months of economic need, which annual income data wouldparticular months of economic need, which annual income data would not capture. not capture. ~~T here~~There are also differences between are also differences between
the SNAP and Censusthe SNAP and Census ~~Bureau~~ Bureau concepts of household and poverty thresholds.concepts of household and poverty thresholds.
21 Some states that have gross income limits of 130% of poverty report a small number of households 21 Some states that have gross income limits of 130% of poverty report a small number of households without an without an
elderly or disabledelderly or disabled member as having incomes above 130% of povertymember as having incomes above 130% of poverty ~~. T his~~. This is likely because is likely because of limitation on the of limitation on the
Quality Control Data File in identifying disabledQuality Control Data File in identifying disabled individuals.individuals. ~~T he~~ The information on the Quality Control Data File information on the Quality Control Data File
sometimes fails to categorize a household with a disabledsometimes fails to categorize a household with a disabled member. member. ~~T herefore~~Therefore, some households classified, some households classified in this table in this table
as “without an elderly or disabledas “without an elderly or disabled member” may in fact contain a disabledmember” may in fact contain a disabled person. person.
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in place during FY2019. Some states’ current practices are different from their practices in in place during FY2019. Some states’ current practices are different from their practices in
FY2019, so tabulations here do not necessarily reflect current state practices. FY2019, so tabulations here do not necessarily reflect current state practices.
Table 3. Estimates of SNAP Households without an Elderly or Disabled Member
with Gross Incomes Over 130% of Poverty by State, FY2019
Percentage of All SNAP
Number of SNAP Households
Households Without an Elderly
Without an Elderly or Disabled
or Disabled Member and Gross
Member and Gross Income
Income 131% of Poverty or
State
131% of Poverty or Higher
Higher
Alabama Alabama
2,198 2,198
1.3% 1.3%
Alaska Alaska
0 0
0.0 0.0
Arizona Arizona
8,493 8,493
3.7 3.7
Arkansas Arkansas
0 0
0.0 0.0
California California
79,891 79,891
5.7 5.7
Colorado Colorado
4,446 4,446
3.9 3.9
Connecticut Connecticut
9,177 9,177
9.5 9.5
Delaware Delaware
2,889 2,889
9.1 9.1
District District of Columbia of Columbia
2,003 2,003
5.2 5.2
Florida Florida
33,694 33,694
5.5 5.5
Georgia Georgia
539 539
0.1 0.1
~~Hawai~~
Hawaii 533 533
1.4 1.4
Idaho Idaho
27 27
0.1 0.1
Il inois Il inois
13,283 13,283
2.7 2.7
Indiana Indiana
0 0
0.0 0.0
Iowa Iowa
7,009 7,009
8.1 8.1
Kansas Kansas
0 0
0.0 0.0
Kentucky Kentucky
580 580
0.5 0.5
Louisiana Louisiana
0 0
0.0 0.0
Maine Maine
3,106 3,106
12.8 12.8
Maryland Maryland
15,064 15,064
9.2 9.2
Massachusetts Massachusetts
24,358 24,358
14.4 14.4
Michigan Michigan
26,009 26,009
9.6 9.6
Minnesota Minnesota
6,691 6,691
6.4 6.4
Mississippi Mississippi
677 677
0.6 0.6
Missouri Missouri
3,159 3,159
2.1 2.1
Montana Montana
2,172 2,172
8.3 8.3
Nebraska Nebraska
359 359
0.9 0.9
Nevada Nevada
9,111 9,111
7.1 7.1
New Hampshire New Hampshire
2,093 2,093
15.0 15.0
New Jersey New Jersey
8,924 8,924
6.7 6.7
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Percentage of All SNAP
Number of SNAP Households
Households Without an Elderly
Without an Elderly or Disabled
or Disabled Member and Gross
Member and Gross Income
Income 131% of Poverty or
State
131% of Poverty or Higher
Higher
New Mexico New Mexico
5,342 5,342
3.8 3.8
New York New York
44,438 44,438
7.9 7.9
North Carolina North Carolina
22,725 22,725
6.9 6.9
North Dakota North Dakota
834 834
7.0 7.0
Ohio Ohio
1,715 1,715
0.6 0.6
Oklahoma Oklahoma
0 0
0.0 0.0
Oregon Oregon
11,308 11,308
7.0 7.0
Pennsylvania Pennsylvania
20,394 20,394
5.2 5.2
Rhode Island Rhode Island
3,638 3,638
10.7 10.7
South Carolina South Carolina
267 267
0.2 0.2
South Dakota South Dakota
124 124
0.6 0.6
Tennessee Tennessee
0 0
0.0 0.0
Texas Texas
43,143 43,143
5.2 5.2
Utah Utah
196 196
0.4 0.4
Vermont Vermont
2,099 2,099
16.0 16.0
Virginia Virginia
0 0
0.0 0.0
Washington Washington
20,600 20,600
9.2 9.2
West Virginia West Virginia
4,308 4,308
6.2 6.2
Wisconsin Wisconsin
16,991 16,991
10.7 10.7
Wyoming Wyoming
0 0
0.0 0.0
Guam Guam
1,090 1,090
9.9 9.9
Virgin Islands Virgin Islands
389 389
5.3 5.3
Total Total
466,084 466,084
4.8 4.8
Source: Congressional Congressional Research ServiceResearch Service (CRS) tabulation of the FY2019 SNAP Quality Control data file. (CRS) tabulation of the FY2019 SNAP Quality Control data file.
Notes: Some states that have gross income Some states that have gross income ~~limits~~ limits of 130% of poverty report a of 130% of poverty report a ~~smal~~ small number of households number of households
without an elderlywithout an elderly or disabled memberor disabled member as having incomes above 130% of poverty. This is likelyas having incomes above 130% of poverty. This is likely because of because of
limitationlimitation on the Quality Control Data File in identifying disabled on the Quality Control Data File in identifying disabled ~~individu als~~individuals. The information on the Quality . The information on the Quality
Control Data File sometimesControl Data File sometimes fails to categorize a household with a disabled member.fails to categorize a household with a disabled member. Therefore,Therefore, some some
households classifiedhouseholds classified in this table as “without an elderlyin this table as “without an elderly or disabled member”or disabled member” may in fact contain a disabled may in fact contain a disabled
person. person.
Assets
As discussed above, broad-based categorical eligibilityAs discussed above, broad-based categorical eligibility also eliminates the SNAP asset test in also eliminates the SNAP asset test in
many states. Since states that do not administer an asset test many states. Since states that do not administer an asset test ~~general y~~generally do not collect data on the do not collect data on the
assets of SNAP households, it is not possible to determine the extent to which broad-based assets of SNAP households, it is not possible to determine the extent to which broad-based
categorical eligibilitycategorical eligibility has resulted in households with assets above the usual SNAP limit has resulted in households with assets above the usual SNAP limit
receiving benefits. receiving benefits.
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Recent Proposals to Change Categorical Eligibility
2014 and 2018 Farm Bills
Neither of the last two farm Neither of the last two farm ~~bil s~~bills ultimately included changes to categorical eligibility ultimately included changes to categorical eligibility rules. The rules. The
enacted 2014 Farm enacted 2014 Farm ~~Bil~~ Bill (P.L. 113-79) did not change categorical eligibility,(P.L. 113-79) did not change categorical eligibility, although the House-although the House-
passed version would have eliminated broad-based categorical eligibility.22 Also, and more passed version would have eliminated broad-based categorical eligibility.22 Also, and more
recently, the enacted 2018 Farm recently, the enacted 2018 Farm ~~Bil~~ Bill (P.L. 115-334) did not make changes, although the House-(P.L. 115-334) did not make changes, although the House-
passed passed ~~bil~~ bill proposed some. The 115th Congress House-passed policy is discussed further below. proposed some. The 115th Congress House-passed policy is discussed further below.
The House-passed The House-passed ~~bil~~ bill, the Agriculture and Nutrition Act of 2018 (H.R. 2, as passed June 21, , the Agriculture and Nutrition Act of 2018 (H.R. 2, as passed June 21,
2018) would have made changes to limit but not eliminate2018) would have made changes to limit but not eliminate broad-based categorical eligibility. broad-based categorical eligibility.
Debate during the House Committee on Agriculture’s AprilDebate during the House Committee on Agriculture’s April 18, 2018, markup was 18, 2018, markup was ~~substantial y~~substantially
focused on the focused on the ~~bil~~ bill’s SNAP provisions, including the changes to categorical eligibility.’s SNAP provisions, including the changes to categorical eligibility. The The
Senate-passed Senate-passed ~~bil~~ bill, Agriculture Improvement Act of 2018 (H.R. 2, as passed June 28, 2018) , Agriculture Improvement Act of 2018 (H.R. 2, as passed June 28, 2018)
would not have made any changes to categorical eligibility. would not have made any changes to categorical eligibility.
Section 4006 of H.R. 2, as passed by the House, would have changed broad-based categorical Section 4006 of H.R. 2, as passed by the House, would have changed broad-based categorical
eligibilityeligibility in a few ways. In states with broad-based options in place, some but not in a few ways. In states with broad-based options in place, some but not al all households households
would have been affected by this change. Under the proposal, would have been affected by this change. Under the proposal,
 to be  to be ~~categorical y~~categorically eligible, eligible, households would have had to receive SSI, state households would have had to receive SSI, state
general assistance, or “cash assistance or ongoing and substantial services” general assistance, or “cash assistance or ongoing and substantial services”
through a state program funded by TANF; while these terms would be subject to through a state program funded by TANF; while these terms would be subject to
implementation, it was to be expected that a brochure may not meet this more implementation, it was to be expected that a brochure may not meet this more
specific TANF-funded benefit; specific TANF-funded benefit;
 there would have been two gross income limits for broad-based categorical  there would have been two gross income limits for broad-based categorical
eligibility: eligibility:
1. households 1. households with an elderly or disabledan elderly or disabled member must be at or below 200% of member must be at or below 200% of
the federal poverty line, the federal poverty line,
2. households 2. households without an elderly or disabled member must be at or below 130% an elderly or disabled member must be at or below 130%
of the federal poverty line; of the federal poverty line;
 households meeting respective gross income limits and receiving a TANF-funded  households meeting respective gross income limits and receiving a TANF-funded
benefit or other benefit that conveys categorical eligibility benefit or other benefit that conveys categorical eligibility would not have had to would not have had to
meet the law’s asset tests. meet the law’s asset tests.
The Congressional Budget Office (CBO) estimated that the amendments to categorical eligibility The Congressional Budget Office (CBO) estimated that the amendments to categorical eligibility
in the House committee’s in the House committee’s reported ~~bil~~ bill would have reduced SNAP spending by $5.035 would have reduced SNAP spending by $5.035 ~~bil ion~~billion
dollars over 10 years (FY2019-FY2028).23 CBO also estimated that in an average year, about dollars over 10 years (FY2019-FY2028).23 CBO also estimated that in an average year, about
400,000 households would have lost SNAP eligibility.400,000 households would have lost SNAP eligibility. As SNAP recipients are also eligibleAs SNAP recipients are also eligible for for
free school meals, CBO estimated that in an average year, 265,000 children would have lost free school meals, CBO estimated that in an average year, 265,000 children would have lost
access to free meals.24 On the House floor, Section 4006 of the reported access to free meals.24 On the House floor, Section 4006 of the reported ~~bil~~ bill was amended by was amended by

22 For more information, see CRS22 For more information, see CRS Report R43332, Report R43332, SNAP and Related Nutrition Provisions of the 2014 Farm Bill (P.L.
113-79). .
23 CBO, 23 CBO, Agriculture and Nutrition Act of 2018, H.R. 2, May 2, 2018, p. 7, at https://www.cbo.gov/publication/53819. H.R. 2, May 2, 2018, p. 7, at https://www.cbo.gov/publication/53819.
Note that interactions with other policies in H.R. 2 may reduceNote that interactions with other policies in H.R. 2 may reduce the effect of this policy. the effect of this policy.
24 Ibid., pp. 13-14. 24 Ibid., pp. 13-14.
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H.Amdt. 606 to include a later implementation date, October 1, 2020, so the House-passed H.Amdt. 606 to include a later implementation date, October 1, 2020, so the House-passed ~~bil~~ bill’s ’s
cost and participation estimates could be different than those published for the reported cost and participation estimates could be different than those published for the reported ~~bil~~ bill. .
Trump Administration’s Proposed Rule to Amend
Categorical Eligibility; Biden Administration’s Withdrawal
As discussed earlier, the current “broad-based” categorical eligibilityAs discussed earlier, the current “broad-based” categorical eligibility state option is in part state option is in part
created by USDA Food and Nutrition Service regulations finalizedcreated by USDA Food and Nutrition Service regulations finalized in 2000.25 In the in 2000.25 In the ~~Fal~~ Fall 2018 2018
Unified Agenda, the Trump Administration indicated plans to change these regulations,26 and then Unified Agenda, the Trump Administration indicated plans to change these regulations,26 and then
published a Notice of Proposed Rulemaking on July 24, 2019.27 The comment period ran through published a Notice of Proposed Rulemaking on July 24, 2019.27 The comment period ran through
September 23, 2019. September 23, 2019.
In short, the Administration proposed to limit those TANF-funded cash and non-cash benefits that In short, the Administration proposed to limit those TANF-funded cash and non-cash benefits that
may generate categorical eligibility.may generate categorical eligibility. If implemented, these changes would have been expected to If implemented, these changes would have been expected to
have the most effect on states that opted into broad-based categorical eligibility,have the most effect on states that opted into broad-based categorical eligibility, particularly those particularly those
that have chosen higher income thresholds and no asset limits. However, the precise impact could that have chosen higher income thresholds and no asset limits. However, the precise impact could
have depended on the federal TANF and state MOE financing and benefits decisions that states have depended on the federal TANF and state MOE financing and benefits decisions that states
make. make.
Like the farm Like the farm ~~bil~~ bill proposals discussed above, the proposal would have left “traditional” proposals discussed above, the proposal would have left “traditional”
categorical eligibilitycategorical eligibility in place. The rule did not propose to amend categorical eligibilityin place. The rule did not propose to amend categorical eligibility for for
Supplemental Security Income (SSI) households or General Assistance (GA) households. Supplemental Security Income (SSI) households or General Assistance (GA) households.
The regulatory proposal was never finalized, and the Biden Administration withdrew the rule on The regulatory proposal was never finalized, and the Biden Administration withdrew the rule on
June 10, 2021. Further details about the proposal and withdrawal are described in the sections to June 10, 2021. Further details about the proposal and withdrawal are described in the sections to
follow. follow.
Summary of Proposed Rule
For SNAP categorical eligibility For SNAP categorical eligibility based on TANF, the proposed rule would have required cash and based on TANF, the proposed rule would have required cash and
non-cash benefits to be “ongoing and substantial,” limited non-cash benefits to certain types of non-cash benefits to be “ongoing and substantial,” limited non-cash benefits to certain types of
services, and in some respects revised the applicable income and resource limits that may apply to services, and in some respects revised the applicable income and resource limits that may apply to
the TANF-funded benefit. These changes are discussed further below. the TANF-funded benefit. These changes are discussed further below.
Cash Assistance
In the case of TANF-funded cash assistance, to gain categorical eligibilityIn the case of TANF-funded cash assistance, to gain categorical eligibility al all members of the members of the
household would have had to have received or have been authorized to receive the cash household would have had to have received or have been authorized to receive the cash
assistance. It would have been a requirement, not a state option, to convey this assistance. It would have been a requirement, not a state option, to convey this ~~c ategorical~~categorical
eligibility.eligibility. The assistance would have to have been substantial and ongoing, which the proposed The assistance would have to have been substantial and ongoing, which the proposed
rule defined as a minimum of $50 per month for a minimum of six months.28rule defined as a minimum of $50 per month for a minimum of six months.28

~~25 7 C.F.R.~~ 25 7 C.F.R. §273.2(j)(2). §273.2(j)(2).
26 Office of Management and Budget,26 Office of Management and Budget, Unified Agenda of Federal Regulatory and Deregulatory Actions, Fall, Fall 2018, 2018,
“Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP),” RIN 0584“Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP),” RIN 0584 -AE62, at -AE62, at
https://www.reginfo.gov/public/do/https://www.reginfo.gov/public/do/~~eAgendaVie wRule~~eAgendaViewRule?pubId=201810&RIN=0584-AE62. ?pubId=201810&RIN=0584-AE62. ~~T he~~The Unified Agenda Unified Agenda is a is a
governmentgovernment -wide report published semiannually listing upcoming proposed and final rules-wide report published semiannually listing upcoming proposed and final rules that are currently underway that are currently underway
at federal agencies. at federal agencies.
27 USDA, 27 USDA, Food and Nutrition Service, “Revision of Categorical EligibilityFood and Nutrition Service, “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance in the Supplemental Nutrition Assistance
Program (SNAP),” 84Program (SNAP),” 84 Federal Register 35570, July 24, 2019. 35570, July 24, 2019.
28 The~~28 T he~~ proposed rule would proposed rule would also allowalso allow the U.S.the U.S. Secretary of Health and Human ServicesSecretary of Health and Human Services to select a threshold higher to select a threshold higher
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Non-cash Benefits
In the case of TANF-funded non-cash benefits, they too would have had to have been substantial In the case of TANF-funded non-cash benefits, they too would have had to have been substantial
and ongoing, which the proposed rule defined as valued at a minimum of $50 per month for a and ongoing, which the proposed rule defined as valued at a minimum of $50 per month for a
minimum of six months. Further, the proposed rule specifies a limited list of non-cash benefits: minimum of six months. Further, the proposed rule specifies a limited list of non-cash benefits:
 subsidized employment for which the employer or a third party receives a  subsidized employment for which the employer or a third party receives a
subsidy from TANF or other public funds to offset some or subsidy from TANF or other public funds to offset some or al all of the wages and of the wages and
costs of employing an individual;costs of employing an individual;
 work supports, including transportation benefits or other  work supports, including transportation benefits or other ~~al owances~~allowances for work- for work-
related expenses; and/or related expenses; and/or
 child care subsidies or vouchers.29  child care subsidies or vouchers.29
As shown earlier i As shown earlier in Table 1, ~~currently~~ currently, broad-based categorical eligibility, broad-based categorical eligibility states are using TANF states are using TANF
or MOE funding to fund brochures and hotlines that then may convey categorical eligibility. or MOE funding to fund brochures and hotlines that then may convey categorical eligibility.
To gain categorical eligibility, To gain categorical eligibility, under the proposed rule, (1) under the proposed rule, (1) al all members of the household would members of the household would
have had to have received or be authorized to receive the benefit, or (2) one household member have had to have received or be authorized to receive the benefit, or (2) one household member
would have had to have received or be authorized to receive the benefit if the state determines the would have had to have received or be authorized to receive the benefit if the state determines the
whole household benefits. whole household benefits.
The state is required to convey categorical eligibility The state is required to convey categorical eligibility where the relevant TANF-funded benefits where the relevant TANF-funded benefits
are funded 50% or more by federal TANF or state MOE funds. It is a state option to convey are funded 50% or more by federal TANF or state MOE funds. It is a state option to convey
categorical eligibilitycategorical eligibility for such benefits where the relevant TANF-funded benefits are funded less for such benefits where the relevant TANF-funded benefits are funded less
than 50% by federal TANF or state MOE funds. The proposed rule would have required states to than 50% by federal TANF or state MOE funds. The proposed rule would have required states to
notify FNS of notify FNS of al all non-cash TANF benefits that confer categorical eligibility,non-cash TANF benefits that confer categorical eligibility, regardless of the regardless of the
share of TANF funding. share of TANF funding.
Applicable Income and Resource (Assets) Thresholds under the Proposed Rule
As discussed earlier in As discussed earlier in “What TANF Means for Categorical Eligibility,” current SNAP current SNAP
regulations limit broad-based categorical eligibilityregulations limit broad-based categorical eligibility to 200% FPL. This threshold applies for to 200% FPL. This threshold applies for
TANF-funded benefits serving the TANF statute’s 3rd and 4th purposes, as these are purposes that TANF-funded benefits serving the TANF statute’s 3rd and 4th purposes, as these are purposes that
do not require targeting benefits to needy families with children.30 Under current regulations, do not require targeting benefits to needy families with children.30 Under current regulations,
there does not have to be an asset limit associated with the TANF-funded benefit. As a result, there does not have to be an asset limit associated with the TANF-funded benefit. As a result,
states using broad-based categorical eligibilitystates using broad-based categorical eligibility have selected an associated income threshold have selected an associated income threshold
between 130% and 200% FPL, some have added a higher asset limit, but most states do not use between 130% and 200% FPL, some have added a higher asset limit, but most states do not use
an asset limit at an asset limit at al all. .
The proposed rule would have removed the 200% FPL limit as The proposed rule would have removed the 200% FPL limit as ~~wel~~ well as any distinctions for as any distinctions for
TANF’s statutory purposes. This presumably would have meant that the applicable income and TANF’s statutory purposes. This presumably would have meant that the applicable income and
asset limits for households asset limits for households ~~categorical y~~categorically eligible eligible for SNAP via a TANF-benefit would be those for SNAP via a TANF-benefit would be those
limits that the respective state sets for the TANF-funded benefit. It would have remained the case limits that the respective state sets for the TANF-funded benefit. It would have remained the case
that the household’s net income would have to be low enough to calculate for a benefit. that the household’s net income would have to be low enough to calculate for a benefit.

~~than $50 (“~~ than $50 (“valued at a minimum of $50 per month or any minimum threshold determined by the Secretary of Health valued at a minimum of $50 per month or any minimum threshold determined by the Secretary of Health
and Human Servicesand Human Services ~~for T itle~~ for Title IV-A programs, whichever is IV-A programs, whichever is higher.”) higher.”)
29 29 ~~T hese~~These types of non-cash benefits allowed types of non-cash benefits allowed for SNAP categorical eligibilityfor SNAP categorical eligibility are excerpted verbatim from the proposed are excerpted verbatim from the proposed
regulatory text, at 35581. regulatory text, at 35581.
30 The~~30 T he~~ 3rd purpose is to reduce the incidence of out 3rd purpose is to reduce the incidence of out -of-wedlock pregnancies. -of-wedlock pregnancies. ~~T he~~The 4th purpose is to promote the 4th purpose is to promote the
formation and maintenance of two-parent families. Section 401(a) of the Social Security Act. formation and maintenance of two-parent families. Section 401(a) of the Social Security Act.
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Those households not receiving the proposal’s specified TANF-funded benefit would have been Those households not receiving the proposal’s specified TANF-funded benefit would have been
subject to the income and asset limits set by SNAP law (see subject to the income and asset limits set by SNAP law (see “Eligibility through Meeting Federal
Income and Resource Tests”)”). .
USDA’s Estimate of Proposed Rule’s Impact
USDA released an extended Regulatory Impact Analysis (RIA) to accompany the proposed rule USDA released an extended Regulatory Impact Analysis (RIA) to accompany the proposed rule
that estimated how it may have impacted SNAP participation and federal spending.31 A summary that estimated how it may have impacted SNAP participation and federal spending.31 A summary
of the RIA is included in the of the RIA is included in the Federal Register publication. publication.
Primarily, the analysis used recent SNAP administrative data to determine the share of the Primarily, the analysis used recent SNAP administrative data to determine the share of the
caseload currently caseload currently ~~categorical y~~categorically eligible eligible through a non-cash TANF-funded benefit and then through a non-cash TANF-funded benefit and then
estimated to what extent such households would be eligible under SNAP’s federal income and estimated to what extent such households would be eligible under SNAP’s federal income and
resource tests. USDA supplemented its analysis with contracted research studies and certain U.S. resource tests. USDA supplemented its analysis with contracted research studies and certain U.S.
Census survey data. Census survey data.
USDA’s SNAP participation impact estimates included the following:USDA’s SNAP participation impact estimates included the following:
 Approximately 9.0% of currently participating SNAP households would have  Approximately 9.0% of currently participating SNAP households would have
lost eligibility lost eligibility for SNAP. In an estimate for FY2020, this would have been 1.7 for SNAP. In an estimate for FY2020, this would have been 1.7
~~mil ion~~ million households, containing 3.1 households, containing 3.1 ~~mil ion~~million individuals. The numbers and rates of individuals. The numbers and rates of
households affected varied among household types.32 households affected varied among household types.32
 Loss of eligibility  Loss of eligibility would have been disproportionate among certain subgroups: would have been disproportionate among certain subgroups:
13.2% of households with elderly members, 12.5% of households with earnings, 13.2% of households with elderly members, 12.5% of households with earnings,
and 10.1% of households without children. and 10.1% of households without children.
 17.2  17.2 ~~mil ion~~ million households currently eligible under broad-based categorical households currently eligible under broad-based categorical
eligibility eligibility would would ~~stil~~ still have been eligiblehave been eligible for SNAP but would have undergone a for SNAP but would have undergone a
more burdensome application process. more burdensome application process.
In terms of federal spending, USDA estimated savings and costs associated with the policy In terms of federal spending, USDA estimated savings and costs associated with the policy
change. USDA forecasted a net federal savings of $9.4 change. USDA forecasted a net federal savings of $9.4 ~~bil ion~~billion over the five years from 2019 to over the five years from 2019 to
2023. This included (1) a reduction in federal spending for SNAP benefits of $10.543 2023. This included (1) a reduction in federal spending for SNAP benefits of $10.543 ~~bil ion~~billion, and , and
(2) an increase in federal spending for federal administrative costs of $1.157 (2) an increase in federal spending for federal administrative costs of $1.157 ~~bil ion~~billion. USDA . USDA
estimated that states’ spending for administrative costs would also have increased by $1.157 estimated that states’ spending for administrative costs would also have increased by $1.157
~~bil ion~~ billion over the five years. over the five years.
As far as state-by-state impacts, USDA’s estimates recognized that the proposed rule would have As far as state-by-state impacts, USDA’s estimates recognized that the proposed rule would have
been expected to affect only states that have opted into broad-based categorical eligibility,been expected to affect only states that have opted into broad-based categorical eligibility, and and
that it would disproportionately affect states that have more expansive categorical eligibility that it would disproportionately affect states that have more expansive categorical eligibility
policies (e.g., 200% FPL, no resource limit). USDA included some state-specific data in the policies (e.g., 200% FPL, no resource limit). USDA included some state-specific data in the
RIA.33 RIA.33
Children living in households that receive SNAP are Children living in households that receive SNAP are ~~automatical y~~automatically eligible eligible for free school meals for free school meals
(through the National School Lunch Program and School Breakfast Program) without (through the National School Lunch Program and School Breakfast Program) without ~~fil ing~~filling out a out a
school meals application.34 While CBO analyses of past farm school meals application.34 While CBO analyses of past farm ~~bil~~ bill proposals to restrict broad-proposals to restrict broad-
based categorical eligibilitybased categorical eligibility in SNAP have often included estimates of children who would lose in SNAP have often included estimates of children who would lose

~~31 T he~~ 31 The proposed rule’s full RIA is proposed rule’s full RIA is available at https://www.regulations.gov/document?D=FNS-2018-0037-0002. available at https://www.regulations.gov/document?D=FNS-2018-0037-0002.
32 Ibid., pp. 15-18. 32 Ibid., pp. 15-18.
33 Ibid., pp. 20-21. 33 Ibid., pp. 20-21.
34 See34 See ~~CRS~~ CRS Report R43783, Report R43783, School Meals Programs and Other USDA Child Nutrition Programs: A Primer for further for further
discussiondiscussion of school meals eligibility. of school meals eligibility.
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free meals eligibility, free meals eligibility, USDA’s RIA, published on July 24, 2019, did not include such an estimate. USDA’s RIA, published on July 24, 2019, did not include such an estimate.
On October 15, 2019, USDA subsequently released an “informational analysis” estimating the On October 15, 2019, USDA subsequently released an “informational analysis” estimating the
impact of the proposed rule on children’s school meals eligibility.35impact of the proposed rule on children’s school meals eligibility.35 USDA estimated that 982,000 USDA estimated that 982,000
children would no longer have been children would no longer have been ~~automatical y~~automatically eligible eligible for free meals via SNAP, but most for free meals via SNAP, but most
would would ~~stil~~ still receive free meals, or be shifted to reduced-price meals, via a household income receive free meals, or be shifted to reduced-price meals, via a household income
application.36 application.36
Biden Administration’s Withdrawal of Proposed Rule
On June 10, 2021, the Biden Administration notified the public of its decision to withdraw the On June 10, 2021, the Biden Administration notified the public of its decision to withdraw the
proposed rule.37 The Administration noted that nearly 158,000 comments were received in the proposed rule.37 The Administration noted that nearly 158,000 comments were received in the
proposed rule’s comment period and that they “came from a broad range of stakeholders and proposed rule’s comment period and that they “came from a broad range of stakeholders and
~~general y~~generally opposed the proposed rule.” opposed the proposed rule.”
The Administration determined that the proposed rule should not be finalized and that it is The Administration determined that the proposed rule should not be finalized and that it is
withdrawing the rule. The notice stated that USDA “reaffirms its longstanding categorical withdrawing the rule. The notice stated that USDA “reaffirms its longstanding categorical
~~eligibility~~ eligibility policy, codified in regulations at 7 C.F.R. §273.2(j).” In addition, the notice agrees with policy, codified in regulations at 7 C.F.R. §273.2(j).” In addition, the notice agrees with
certain critical comments—for example, one finding that the proposed revisions do not certain critical comments—for example, one finding that the proposed revisions do not
sufficiently justify the lost eligibilitysufficiently justify the lost eligibility or costs to states. The Administration further states that the or costs to states. The Administration further states that the
withdrawal “reaffirms the purpose of categorical eligibilitywithdrawal “reaffirms the purpose of categorical eligibility to simplify the SNAP application to simplify the SNAP application
process for both SNAP state agencies and households.” process for both SNAP state agencies and households.”

Author Information

Randy Alison Aussenberg Randy Alison Aussenberg
Gene Falk Gene Falk
Specialist in Nutrition Assistance Policy Specialist in Nutrition Assistance Policy
Specialist in Social Policy Specialist in Social Policy

Acknowledgments CRS Research Assistant Isaac Nicchitta assisted with updating this report. 35 Informational analysis available at https://www.regulations.gov/document?D=FNS-2018-0037-16046. On October 35 Informational analysis available at https://www.regulations.gov/document?D=FNS-2018-0037-16046. On October
18, 2019, USDA published18, 2019, USDA published in the in the Federal Register, in light of the new analysis, a reopening of the proposed , in light of the new analysis, a reopening of the proposed ~~r ule~~rule’s ’s
comment period. Comments comment period. Comments ~~close~~closed November 1, 2019. November 1, 2019.
36 Ibid., p. 3. Household income eligibility 36 Ibid., p. 3. Household income eligibility thresholds are belowthresholds are below 130% of poverty for free meals and between 130% and 130% of poverty for free meals and between 130% and
185% of poverty for reduced-price meals. USDA185% of poverty for reduced-price meals. USDA estimated that 445,000 (or 45%) would beestimated that 445,000 (or 45%) would be income-eligible for free income-eligible for free
meals by application, 497,000 (or 51%) would bemeals by application, 497,000 (or 51%) would be income-eligible for reduced-priceincome-eligible for reduced-price meals by application, and that meals by application, and that
40,000 (or 4%) would40,000 (or 4%) would lose eligibilitylose eligibility for this assistance. USDAfor this assistance. USDA also noted that these may be high-end estimates, as also noted that these may be high-end estimates, as
some theoretically affected students might continue to receive free meals basedsome theoretically affected students might continue to receive free meals based on their schools’ participation in the on their schools’ participation in the
Community Eligibility Provision (CEP). Community Eligibility Provision (CEP).
37 USDA,37 USDA, Food and Nutrition Service, “Revision of Categorical EligibilityFood and Nutrition Service, “Revision of Categorical Eligibility in the Supplemental in the Supplemental ~~Nutr ition~~Nutrition Assistance Assistance
Program (SNAP); Withdrawal” 86Program (SNAP); Withdrawal” 86 Federal Register 30795, June 10, 2021. 30795, June 10, 2021.
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