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

Changes from August 23, 2021 to February 22, 2022

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

USDA Nutrition Assistance Programs:
~~August 23, 2021~~February 22, 2022
Response to the COVID-19 Pandemic
Randy Alison Aussenberg
U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs
are often Specialist in Nutrition Specialist in Nutrition
~~are often~~ part of emergency response efforts, providing foods for distribution, additional part of emergency response efforts, providing foods for distribution, additional
benefits for Assistance Policy Assistance Policy
~~benefits for~~ redemption, and program flexibilities. During the COVID-19 pandemic, redemption, and program flexibilities. During the COVID-19 pandemic,

access to food—access to food— particularly in light of increased unemployment and closures of particularly in light of increased unemployment and closures of
institutions that households rely Kara ~~Kara~~ Clifford Billings
~~institutions that households rely~~ on for food, such as schools—has been a concern for on for food, such as schools—has been a concern for
~~Analyst in Social Policy~~
many people. Some observers also view the many people. Some observers also view the Analyst in Social Policy programs, particularly the Supplemental programs, particularly the Supplemental

Nutrition Assistance Program (SNAP), as a means of Nutrition Assistance Program (SNAP), as a means of economic stimulus. This report economic stimulus. This report
discusses related provisions of five laws that supplement FNS’s prior response to the discusses related provisions of five laws that supplement FNS’s prior response to the

COVID-19 pandemic with new funds and authorities: COVID-19 pandemic with new funds and authorities:
 Families First Coronavirus Response Act (FFCRA; P.L. 116-127, enacted March 18,  Families First Coronavirus Response Act (FFCRA; P.L. 116-127, enacted March 18, 2020);2020);
 Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136, enacted March 27,  Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136, enacted March 27,
2020);2020);
 Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159, enacted October 1,  Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159, enacted October 1,
2020);2020);
 Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260, enacted December  Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260, enacted December
27, 2020);27, 2020); ~~and~~
 American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11, 2021) American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11, 2021); and  Extending Government Funding and Delivering Emergency Assistance Act, Division D, Title I (P.L. 117- 43, enacted September 30, 2021). .
This report also provides an overview of USDA’s implementation of COVID-19 response laws, including the This report also provides an overview of USDA’s implementation of COVID-19 response laws, including the
Biden Administration’s changes to the implementation of some of the 116th Congress laws’ provisions. Biden Administration’s changes to the implementation of some of the 116th Congress laws’ provisions.
Within Within SNAP, the COVID-19 pandemic response laws have SNAP, the COVID-19 pandemic response laws have ~~al owed~~allowed for certain changes to eligibility for certain changes to eligibility and benefit and benefit
amounts. Among other changes, FFCRA authorized an option for states to increase households’ benefits up to the amounts. Among other changes, FFCRA authorized an option for states to increase households’ benefits up to the
maximum amount. More recently, P.L. 116-260 and then ARPA increased the maximum benefit amount by 15% maximum amount. More recently, P.L. 116-260 and then ARPA increased the maximum benefit amount by 15%
for January through September 2021. In addition, the laws for January through September 2021. In addition, the laws ~~al owed~~allowed for a variety of administrative flexibilities; for a variety of administrative flexibilities; for for
instance, provisions designed to make it easier for states to manage the recertification of participating households instance, provisions designed to make it easier for states to manage the recertification of participating households
during social distancing. The laws also provided additional funding for benefits and specified grants for other during social distancing. The laws also provided additional funding for benefits and specified grants for other
SNAP and related functions. SNAP and related functions.
The pandemic response laws supplemented the block grant funding for Puerto Rico, American Samoa, and the The pandemic response laws supplemented the block grant funding for Puerto Rico, American Samoa, and the
Commonwealth of the Northern Mariana Islands. These territories do not operate SNAP, but rather their own Commonwealth of the Northern Mariana Islands. These territories do not operate SNAP, but rather their own
nutrition assistance programs using block grant funding. nutrition assistance programs using block grant funding.
FFCRA first established the Pandemic Electronic Benefit Transfer (P-EBT) program, and subsequent pandemic FFCRA first established the Pandemic Electronic Benefit Transfer (P-EBT) program, and subsequent pandemic
response laws expanded it. This program provides SNAP-like benefits to households, serving as replacements for response laws expanded it. This program provides SNAP-like benefits to households, serving as replacements for
meals that meals that ~~normal y~~ normally would have been provided in schools and, would have been provided in schools and, ~~fol owing~~following expansion of the program, in child care expansion of the program, in child care
centers. centers.
The pandemic response laws have also enabled changes within institution-based child nutrition programs, The pandemic response laws have also enabled changes within institution-based child nutrition programs,
including school and summer meals programs. The pandemic response for these programs has included an including school and summer meals programs. The pandemic response for these programs has included an
expansion of USDA’s ability to waive child nutrition program requirements, the temporary ability for providers to expansion of USDA’s ability to waive child nutrition program requirements, the temporary ability for providers to
serve free meals to serve free meals to al all children, and a new program to cover financial losses for meal providers.children, and a new program to cover financial losses for meal providers.
The laws have also provided supplemental appropriations for the Special Supplemental Nutrition Program for The laws have also provided supplemental appropriations for the Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC) and a benefit increase through ARPAWomen, Infants, and Children (WIC) and a benefit increase through ARPA that was subsequently extended. In addition, they gave USDA . In addition, they gave USDA
authority to issue a wide variety of program waivers, including changes to benefit issuance, product availability, authority to issue a wide variety of program waivers, including changes to benefit issuance, product availability,
and physical presence requirements. and physical presence requirements.
~~Congressional Research Service~~

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

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

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

Introduction
The ongoing COVID-19 pandemic has The ongoing COVID-19 pandemic has ~~increased food insecurity1~~brought food access issues to the forefront in the United in the United States, as businesses and individuals grapple with food shortages and increases in food prices. For many households, the pandemic raised additional challenges in affording and accessing food, including loss of income associated with an initial spike in unemployment and the closure of institutions, like schools, that many Americans rely on for food.1 However, trends in the food insecurity rate during the pandemic are unclear, possibly reflecting changing conditions (for example, in unemployment and government assistance) and mixed approaches to data collection.2 Some studies indicate that food insecurity rates increased during 2020 and have since declined.3 There is also evidence of increased use of food pantries and related organizations.4 ~~States, as~~
~~households face unemployment and closure of institutions, like schools, that many Americans~~
~~rely on for food. Data indicate that the percentage of individuals reporting they do not have~~
~~enough to eat nearly tripled during the pandemic. Specifical y, the percentage of U.S. adults~~
~~reporting that they sometimes or often did not have enough to eat rose from 3.7% in 2019 to a~~
~~high of 13.7% in December 2020. As of the U.S. Census Bureau’s most recent data collection~~
~~(from June 23 to July 5, 2021), 9.7% of adults reported sometimes or often not having enough to~~
~~eat.2 Prior to the pandemic, food insecurity rates had been improving since the Great Recession.3~~
U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs have been U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs have been
seen as a critical component to combatting food insecurity during the pandemic. At the same seen as a critical component to combatting food insecurity during the pandemic. At the same
time, they have had to adjust to unprecedented administrative time, they have had to adjust to unprecedented administrative ~~chal enges~~challenges, such as how to enroll , such as how to enroll
households in benefits remotely and how to reach people who were previously served in households in benefits remotely and how to reach people who were previously served in
institutional settings. Increasing households’ food purchasing power may also be a means of institutional settings. Increasing households’ food purchasing power may also be a means of
economic stimulus.economic stimulus.45 The response of FNS programs to the COVID-19 pandemic has been shaped The response of FNS programs to the COVID-19 pandemic has been shaped
by new federal laws as by new federal laws as ~~wel~~ well as USDA, states, and providers working under the parameters of the as USDA, states, and providers working under the parameters of the
laws. laws.
This report discusses related provisions of This report discusses related provisions of ~~five~~six laws that supplement FNS’s COVID-19 pandemic laws that supplement FNS’s COVID-19 pandemic
response with new funds and authorities: response with new funds and authorities:
 Families First Coronavirus Response Act (FFCRA; P.L. 116-127, enacted March  Families First Coronavirus Response Act (FFCRA; P.L. 116-127, enacted March
18, 2020); 18, 2020);
 Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136,  Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136,
enacted March 27, 2020); enacted March 27, 2020);
~~ Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159,~~
~~enacted October 1, 2020) (“FY2021 Continuing Appropriations Act”);~~

~~1 USDA defines food insecurity “ lack[ing] access to enough food for an active, healthy life for all household~~
~~members.” It is a broader measure than the data on “not having enough to eat” discussed in this paragraph. For further~~
~~information about food insecurity, see~~ 1 See CRS Report R46554, Unemployment Rates During the COVID-19 Pandemic. 2 See discussion on pages 15-16 of A. Coleman-Jensen, M.P. Rabbitt, A. Coleman-Jensen, M.P. Rabbitt, ~~and~~ C.A. GregoryC.A. Gregory, and Singh, A., , Household Food Security
in the United States in ~~2019~~2020, U.S. Department of Agriculture (USDA), Economic Research Service, September , U.S. Department of Agriculture (USDA), Economic Research Service, September ~~2020, p.~~
32021, https://www.ers.usda.gov/, https://www.ers.usda.gov/webdocs/publications/102076/err-298.pdf?v=9561.5. 3 Census launched a new, experimental Household Pulse Survey during the pandemic, collecting data on food insufficiency—a related concept—every few weeks. The Census Household Pulse survey data show an increase in food insufficiency from April 2020 to December 2020, and declining rates since. U.S. Census Bureau, “Household Pulse Survey Data Tables,” https://www.census.gov/programs-surveys/household-pulse-survey/data.html. Also see Figure 2 in Center on Budget and Policy Priorities, “Tracking the COVID-19 Economy’s Effects on Food, Housing, and Employment Hardships,” updated February 10, 2022, https://www.cbpp.org/research/poverty-and-inequality/tracking-the-covid-19-economys-effects-on-food-housing-and; and E. Waxman and P. Gupta, “Food Insecurity Fell Nearly 30 Percent between Spring 2020 and 2021,” May 26, 2021, https://www.urban.org/research/publication/food-insecurity-fell-nearly-30-percent-between-spring-2020-and-2021. 4 A. Coleman-Jensen and M.P. Rabbitt, “Food Pantry Use Increased in 2020 for Most Types of U.S. Households,” November 8, 2021, https://www.ers.usda.gov/amber-waves/2021/november/food-pantry-use-increased-in-2020-for-most-types-of-u-s-households; Waxman, E., Gupta, P., and Gonzales, D., “Charitable Food Use Increased Nearly 50 Percent from 2019 to 2020,” Urban Institute, March 2021, https://www.urban.org/sites/default/files/publication/103825/charitable-food-use-increased-nearly-50-percent-from-2019-to-2020_0.pdf; and A.T. Byrne and D.R. Just, “Impacts of COVID-19 on Food Banks,” Choices, Quarter 1, 2022, https://www.choicesmagazine.org/choices-magazine/submitted-articles/impacts-of-covid-19-on-food-banks. 5 Patrick Canning and Rosanna Mentzer Morrison, “Quantifying the Impact of SNAP Benefits on the U.S. Economy and Jobs,” Amber Waves Magazine, July 18, 2019, https://www.ers.usda.gov/amber-waves/2019/july/quantifying-the-impact-of-snap-benefits-on-the-us-economy-and-jobs/. Congressional Research Service 1 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic  Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159, enacted October 1, 2020) (“FY2021 Continuing Appropriations Act”);  Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260, enacted December 27, 2020) (“FY2021 Consolidated Appropriations Act”);6  American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11, 2021); and  Extending Government Funding and Delivering Emergency Assistance Act, Division D, Title I (P.L. 117-43, enacted September 30, 2021; “FY2022 Extending Government Funding Act”~~publications/pub-details/?pubid=99281.~~
~~2 T he USDA data for 2019 measured not having enough to eat over the past year, as opposed to t he past seven days.~~
~~U.S. Census Bureau, “Week 21 Household Pulse Survey: December 9 – December 21: T able 2b. Food Sufficiency for~~
~~Households, in the Last 7 Days, by Select Characteristics,” January 6, 2021, https://www.census.gov/data/tables/2020/~~
~~demo/hhp/hhp21.html and “ Week 33 Household Pulse Survey: June 23–July 5: T able 2. Food Sufficiency for~~
~~Households, in the Last 7 Days, by Select Characteristics,” July 14, 2021, https://www.census.gov/programs-surveys/~~
~~household-pulse-survey/data.html. CRS divided the number of adults reporting sometimes or often not having enough~~
~~to eat in the last seven days by the total number of adults minus those who did not report their food sufficiency status.~~
~~For 2019 figures, see A. Coleman-Jensen, M.P. Rabbitt, and C.A. Gregory,~~ ~~Household Food Security in the United~~
~~States in 2019, U.S. Department of Agriculture (USDA), Economic Research Service, Sep tember 2020, p. 3,~~
~~https://www.ers.usda.gov/publications/pub-details/?pubid=99281.~~
~~3 A. Coleman-Jensen, M.P. Rabbitt, and C.A. Gregory, Household Food Security in the United States in 2019, U.S.~~
~~Department of Agriculture (USDA), Economic Research Service, September 2020, p. 3, https://www.ers.usda.gov/~~
~~publications/pub-details/?pubid=99281.~~
~~4 Patrick Canning and Rosanna Mentzer Morrison, “Quantifying the Impact of SNAP Benefits on the U.S. Economy~~
~~and Jobs,” Amber Waves Magazine, July 18, 2019, https://www.ers.usda.gov/amber-waves/2019/july/quantifying-the-~~
~~impact -of-snap-benefits-on-the-us-economy-and-jobs/.~~
~~Congressional Research Service~~

1

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

~~ Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260,~~
~~enacted December 27, 2020) (“FY2021 Consolidated Appropriations Act”);5 and~~
~~ American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11,~~
~~2021~~). ).
This report also discusses recent Biden Administration plans to implement ARPA and to change This report also discusses recent Biden Administration plans to implement ARPA and to change
the administration of some of the policies included in the 116th Congress laws. On January 22, the administration of some of the policies included in the 116th Congress laws. On January 22,
2021, President Biden signed an executive order requiring federal agencies to “promptly identify 2021, President Biden signed an executive order requiring federal agencies to “promptly identify
actions they can take within existing authorities to address the current economic crisis resulting actions they can take within existing authorities to address the current economic crisis resulting
from the pandemic.”from the pandemic.”67 On that date, the White House and USDA, pursuant to this executive order, On that date, the White House and USDA, pursuant to this executive order,
announced plans to change the implementation of certain provisions of the enacted COVID-19 announced plans to change the implementation of certain provisions of the enacted COVID-19
pandemic response laws, particularly through increasing certain benefit amounts.pandemic response laws, particularly through increasing certain benefit amounts.7
8 The report also discusses some FNS actions taken to facilitate nutrition assistance program The report also discusses some FNS actions taken to facilitate nutrition assistance program
operations during the pandemic, including waivers of program requirements and new USDA operations during the pandemic, including waivers of program requirements and new USDA
~~initiatives~~ initiatives to respond to food needs.to respond to food needs.8
9 Discussion of these laws and actions is organized by program in the sections to follow (e.g., Discussion of these laws and actions is organized by program in the sections to follow (e.g.,
SNAP policies SNAP policies ~~in the four~~from multiple acts are discussed within the same section). 6 In between P.L. 116-136 and P.L. 116-260, the House passed two COVID-19 pandemic response bills that were not taken up by the Senate. Each of these contained domestic food assistance provisions. This CRS report only discusses enacted laws. 7 Executive Order 14002, “Economic Relief Related to the COVID-19 Pandemic,” 86 Federal Register 7229-7230, January 22, 2021. 8 The White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/22/fact-sheet-president-bidens-new-executive-actions-deliver-economic-relief-for-american-families-and-businesses-amid-the-covid-19-crises/; USDA, “Biden Administration Expands P-EBT to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: USDA Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments to States and Update Thrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-item/usda-001521. USDA also announced an update to the Thrifty Food Plan; this an implementation of an earlier, non-pandemic-response law, the 2018 farm bill (P.L. 115-334). 9 USDA, Food and Nutrition Service (FNS), “FNS Responds to COVID-19,” https://www.fns.usda.gov/coronavirus. Congressional Research Service 2 link to page 8 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic USDA FNS COVID-19 Pandemic Response Website FNS has maintained a website throughout the pandemic that provides a hub for its pandemic guidance and resources: https://www.fns.usda.gov/coronavirus. Many of the policies discussed in this report vary state-by-state. For example, not every state applied for every available program waiver. The website shows which options a particular state is implementing, or allows users to check how common a particular option is. For nearly every statutory provision, FNS has issued guidance, including question-and-answer documents that elaborate upon the requirements in law. The website is a resource for consulting these further policy details. In some cases, FNS has offered program flexibilities under existing authority. For example, the Commodity Supplemental Food Program offered new COVID-19 pandemic flexibilities without policy changes in the pandemic response laws. The FNS website is a place to check on program operations aside from those enacted in the new laws. Funding Overview The COVID-19 pandemic response laws included supplemental funding for USDA nutrition assistance programs. Some of this funding was a finite, specified amount. In other cases, open- ~~acts are discussed within the same section).~~
~~USDA FNS COVID-19 Pandemic Response Website~~
~~FNS has maintained a website throughout the pandemic that provides a hub for its pandemic guidance and~~
~~resources: https://www.fns.usda.gov/coronavirus.~~
~~Many of the policies discussed in this report vary state-by-state. For example, not every state applied for every~~
~~available program waiver. The website shows which options a particular state is implementing, or al ows users to~~
~~check how common a particular option is.~~
~~For nearly every statutory provision, FNS has issued guidance, including question -and-answer documents that~~
~~elaborate upon the requirements in law. The website is a resource for consulting these further policy details.~~
~~In some cases, FNS has offered program flexibilities under existing authority. For example, the Commodity~~
~~Supplemental Food Program offered new COVID-19 pandemic flexibilities without policy changes in the pandemic~~
~~response laws. The FNS website is a place to check on program operations aside from those enacted in the new~~
~~laws.~~
~~Funding Overview~~
~~The COVID-19 pandemic response laws included supplemental funding for USDA nutrition~~
~~assistance programs. Some of this funding was a finite, specified amount. In other cases, open-~~

~~5 In between P.L. 116-136 and P.L. 116-260, the House passed two COVID-19 pandemic response bills that were not~~
~~taken up by the Senate. Each of these contained domestic food assistance provisions. T his CRS report only discusses~~
~~enacted laws.~~
~~6 Executive Order 14002, “Economic Relief Related to the COVID-19 Pandemic,” 86 Federal Register 7229-7230,~~
~~January 22, 2021.~~
~~7 T he White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American~~
~~Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/~~
~~briefing-room/statements-releases/2021/01/22/fact-sheet-president -bidens-new-executive-actions-deliver-economic-~~
~~relief-for-american-families-and-businesses-amid-the-covid-19-crises/; USDA, “ Biden Administration Expands P -EBT~~
~~to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: USDA Says SNAP Benefits Are~~
~~Inadequate for Most Participants and Begins Process to Extend Emergency Allotments to States and Update T hrifty~~
~~Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-item/usda-001521. USDA also~~
~~announced an update to the T hrifty Food Plan; this an implementation of an earlier, non -pandemic-response law, the~~
~~2018 farm bill (P.L. 115-334).~~
~~8 USDA, Food and Nutrition Service (FNS), “FNS Responds to COVID-19,” https://www.fns.usda.gov/coronavirus.~~
~~Congressional Research Service~~

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~~link to page 8 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9 link to page 9~~ ~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

ended funding was authorized and appropriated in such sums as necessary. A specific ceiling was ended funding was authorized and appropriated in such sums as necessary. A specific ceiling was
not provided in the laws for the open-ended funding. The Congressional Budget Office (CBO) not provided in the laws for the open-ended funding. The Congressional Budget Office (CBO)
has estimated or is to estimate how that funding is expected to impact direct spending, but those has estimated or is to estimate how that funding is expected to impact direct spending, but those
estimates do not dictate a ceiling or floor to the estimates do not dictate a ceiling or floor to the ~~spendi~~ngspending. Table 1 provides an overview of the provides an overview of the
funding provided by the laws, and related policies are discussed in subsequent sections. Open-funding provided by the laws, and related policies are discussed in subsequent sections. Open-
ended funding and CBO scores, when available, are noted but the totals in the table reflect only ended funding and CBO scores, when available, are noted but the totals in the table reflect only
the finite funding provided. While the pandemic response laws did not designate funds the finite funding provided. While the pandemic response laws did not designate funds
~~specifical y~~specifically for the Farmers to Families Food Box Program, USDA used some of the commodity for the Farmers to Families Food Box Program, USDA used some of the commodity
funds listed for this purpose. funds listed for this purpose.
In the case of P.L. 116-159 and P.L. 116-260, the table only displays the relevant policies and In the case of P.L. 116-159 and P.L. 116-260, the table only displays the relevant policies and
provisions in the divisions noted. These two laws included a continuation of annual funding and provisions in the divisions noted. These two laws included a continuation of annual funding and
FY2021 appropriations for FNS programs respectively, but these funding levels are not included FY2021 appropriations for FNS programs respectively, but these funding levels are not included
in the table or this report. Some of the open-ended funding requires subsequent appropriations in the table or this report. Some of the open-ended funding requires subsequent appropriations
action, while some of it is directly appropriated in the pandemic response laws’ provisions. action, while some of it is directly appropriated in the pandemic response laws’ provisions.
Table 1. Supplemental Appropriations for USDA Nutrition Assistance Programs to
Respond to the COVID-19 Pandemic
( (~~Dol ars in mil ions~~Dollars in millions) )
FY2021
FY2021
Continuing
Consolidated
~~Appropriations~~
~~Appropriations~~
~~FFCRA~~
~~CARES~~
~~Act~~
~~Act~~
~~(P.L. 116-~~
~~Act (P.L.~~
~~(P.L. 116-159),~~
~~(P.L. 116-260),~~
~~ARPA~~
Appropriat- Appropriat- FY2022 ions Act ions Act Extending FFCRA CARES (P.L. 116- (P.L. 116- Government Nutrition (P.L. Act (P.L. 159), 260), ARPA Funding Act Assistance 116-127)
116-136)
Division D
Division N
(P.L. 117-2)
~~Nutrition Assistance~~ (P.L. 117-43, Program or
(March ~~18,~~
(March
27, (October 1,
(December ~~27,~~
~~(March 11,~~
~~Program or~~ 2) (March September Activity
18, 2020)
~~27,~~ 2020)
2020)
27, 2020)
11, 2021) 30, 2021) Supplemental Nutrition Assistance Program (SNAP) account Congressional Research Service 3 link to page 10 link to page 10 link to page 10 link to page 11 link to page 11 link to page 10 link to page 10 link to page 11 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic FY2021 FY2021 Continuing Consolidated Appropriat- Appropriat- FY2022 ions Act ions Act Extending FFCRA CARES (P.L. 116- (P.L. 116- Government Nutrition (P.L. Act (P.L. 159), 260), ARPA Funding Act Assistance 116-127) 116-136) Division D Division N (P.L. 117- (P.L. 117-43, Program or (March (March 27, (October 1, (December 2) (March September Activity 18, 2020) 2020) 2020) 27, 2020) 11, 2021) 30, 2021) ~~2021)~~
~~Supplemental Nutrition Assistance~~

~~Program (SNAP) account~~

Pandemic EBT Pandemic EBT
Open- Open-~~ended~~
Open-ended Open-ended
Open-ended Open-ended
Open-ended Open-ended
~~fundinga~~

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

~~emergency al otments~~
~~fundinge~~

~~SNAP contingency reserve~~

~~$15,510~~

~~SNAP administrative~~
~~Open-ended~~

~~flexibilities~~

~~fundingb~~
~~SNAP administrative~~
~~expenses~~

~~$100~~
~~$1,150~~
~~SNAP 15% increase~~
~~Open-ended~~
~~Open-ended~~

~~fundingc~~
~~fundingf~~
~~SNAP income exclusion, and~~
~~Open-ended~~

~~student provisions~~

~~fundingc~~
~~SNAP online purchasing~~

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

~~$614~~
~~$1,000~~
~~Puerto Rico, American~~
~~Samoa~~
~~Food~~ fundinga SNAP time Open- limit ended suspension, fundinge emergency allotments SNAP $15,510 contingency reserve SNAP Open-ended administrative fundingb flexibilities SNAP $100 $1,150 administrative expenses SNAP 15% Open-ended Open-ended increase fundingc fundingf SNAP income Open-ended exclusion, and fundingc student provisions SNAP online $5 $25 purchasing Northern Mariana Islands, Puerto Rico, American Samoa $100 $200 $614 $1,000 Food Distribution Distribution Program on Indian Reservations ~~Program~~

$100 $100

Child Nutrition $8,800 Open-ended Open-ended Open-ended Open-ended Programs funding for funding for funding for funding for waiversbg new program new waiversg optionch program optioni The Emergency $400 $450 $400 lk Food Assistance Programj (TEFAP) Congressional Research Service 4 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 USDA Nutrition ~~on Indian Reservations~~

~~Congressional Research Service~~

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link to page 9 link to page 9 link to page 9 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 ~~USDA Nutrition~~ Assistance Programs: Response to the COVID-19 Pandemic

FY2021
FY2021
Continuing
Consolidated
~~Appropriations~~
~~Appropriations~~
~~FFCRA~~
~~CARES~~
~~Act~~
~~Act~~
~~(P.L. 116-~~
~~Act (P.L.~~
~~(P.L. 116-159),~~
~~(P.L. 116-260),~~
~~ARPA~~
Appropriat- Appropriat- FY2022 ions Act ions Act Extending FFCRA CARES (P.L. 116- (P.L. 116- Government Nutrition (P.L. Act (P.L. 159), 260), ARPA Funding Act Assistance 116-127)
116-136)
Division D
Division N
(P.L. 117-2)
~~Nutrition Assistance~~ (P.L. 117-43, Program or
(March ~~18,~~
(March
27, (October 1,
(December ~~27,~~
~~(March 11,~~
~~Program or Activity~~
~~2020)~~
27 2) (March September Activity 18, 2020) 2020) 2020) 27, 2020) 11, 2021) 30, 2021) USDA commodity Open- $500n $1,900k $500l; open- purchases ended ended fundingm fundingm Commodity $13o $37 Supplemental Food Program (CSFP) Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Supplemental $500 funding Waivers Open-ended funding Cash-Value $490 p Voucher Increase Program $390 Modernization Gus Schumacher $70 Nutrition Incentive Program (GuSNIP) Total (not $1,000 $25,560 (only open- $3,102 $3,592 (only open- including open- ended) ended) ended funding estimates) Source: Compiled by the Congressional Research Service (CRS) based on the specified laws. Congressional Budget Office cost estimates for H.R. 6201 (April 2, 2020); H.R. 748 (April 16, 2020); H.R. 8337 (September 23, 2020); H.R. 133, P.L. 116-260, Division N (January 14, 2021); Reconciliation Recommendations of the House Committee on Agriculture (February 13, 2021); Reconciliation Recommendations of the House Committee on Education and Labor (February 15, 2021). Notes: All funding in this table is designated as emergency and does not count against budget caps. Emergency Meals to You funding is included in the Child Nutrition Program row. Funding for the Disaster Household Distribution program is not available and not included in the table. a. CBO stated in its estimate that this spending is expected to replace spending on child nutrition programs and therefore does not have a net cost. b. For all open-ended mandatory funding nutrition provisions in P.L. 116-159 listed in the table, CBO estimated a total of $8.063 bil ion in budget authority for FY2021 and $8.121 bil ion for the 10-year budget window (FY2021-FY2030). c. CBO has estimated that P.L. 116-260, Division N, Title VII (Nutrition and Agriculture Relief) provisions increase direct spending by $24.917 bil ion in budget authority for FY2021 and $25.697 bil ion for the 10-year budget window (FY2021-FY2030). These estimates include nutrition and agriculture provisions, and include open-ended and capped funding. Congressional Research Service 5 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic d. CBO estimated that these changes would cost $5.560 bil ion over the 2021-2030 period. e. CBO estimated that together these changes would increase open-ended spending for benefits by a total of $21.2 bil ion in FY2020 and FY2022. The provision did not appropriate this funding. f. CBO estimated that these changes would cost $3.54 bil ion in FY2021. g. P.L. 116-159 provided open-ended mandatory funding for waivers issued under Section 2202 of FFCRA through September 30, 2021; P.L. 117-43 extended this funding authority through June 30, 2022, with the restriction that such waivers apply only to school year 2021-2022. h. P.L. 116-260 provided open-ended mandatory funding for a program to cover a proportion of financial losses experienced by some child nutrition program providers during the early months of the pandemic. i. P.L. 117-2 provided open-ended mandatory funding for meal and snack reimbursements for individuals ages 19-24 served by CACFP-participating emergency shelters. CBO has estimated that this policy would cost a total of $180 mil ion, spent in FY2021 and FY2022. j. States may use up to $100 mil ion of the funding provided by P.L. 116-127, up to $150 mil ion of the funding provided by P.L. 116-136, and up to 20% ($80 mil ion) of the funding provided by P.L. 116-260 for food storage and distribution costs. k. Section 751 of P.L. 116-260 (Division N) provided no less than $1.5 bil ion for USDA to, among other purposes, “purchase and distribute agricultural products … to individuals in need, including through delivery to nonprofit organizations that can receive, store, and distribute food items.” Using this authority, USDA spent $1.4 bil ion on the Farmers to Families Food Box program and allocated $500 mil ion for TEFAP as of the date of this report. l. Section 1001 of P.L. 117-2 provided $3.7 bil ion for USDA to, among other purposes, “purchase and distribute agricultural commodities … to individuals in need, including through delivery to nonprofit organizations and through restaurants and other food related entities, as determined by the Secretary, that may receive, store, process, and distribute food items.” Using this authority, USDA allocated $500 mil ion for TEFAP as of the date of this report. m. This funding is for USDA to “purchase commodities for emergency distribution in any area of the United States during a public health emergency designation.” P.L. 116-127 (§1101(g)) enacted on March 18, 2020, authorized funding through September 30, 2020. Using this authority, USDA spent nearly $4 bil ion on the first three rounds of the Farmers to Families Food Box Program. P.L. 117-2 (§1108), enacted on March 11, 2021, removed the expiration date. n. USDA used $500 mil ion in unobligated funds for the Office of the Agricultural Secretary from the CARES Act (P.L. 116-136) for the Farmers to Families Food Box Program, according to CRS correspondence with USDA’s Agricultural Marketing Service on November 19, 2020. o. Up to 20% ($2.6 mil ion) of the funding may be used for state administrative expenses. p. Section 118 of P.L. 117-43 (Division A) provides authority to continue to increase cash-value vouchers for the first quarter of FY2022, although the policy differs from that included in ARPA. Spending from the WIC account is authorized by the provision. Supplemental Nutrition Assistance Program (SNAP) The COVID-19 pandemic has posed a number of challenges for SNAP. To address the economic downturn and increased unemployment, the laws have included temporary benefit increases as well as a requirement for the partial suspension of certain work-related eligibility rules. The laws also have granted USDA authority to offer administrative flexibilities to SNAP state agencies, responding to the constraints of social distancing, remote work, and higher rates of new SNAP participants. FY2020 participation and spending data for SNAP reflect increases in participation and spending during the pandemic.10 Focusing on participation in March 2020 (the month the pandemic was declared) through September 2020 (the end of the fiscal year), a monthly average of 41.7 million people received SNAP benefits, as compared to the first months of FY2020 (October 2019 10 Data in this paragraph is from USDA, FNS, Keydata Report (September 2020 data), available at https://www.fns.usda.gov/data/january-keydata-report-september-2020-data. Congressional Research Service 6 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic through February 2020) when an average of 37.3 million~~, 2020)~~
~~2020)~~
~~2020)~~
~~2021)~~
~~Child Nutrition Programs~~

~~$8,800~~
~~Open-ended~~
~~Open-ended~~
~~Open-ended~~
~~funding for~~
~~funding for new~~
~~funding for new~~
~~waiversb~~
~~program optioncg~~
~~program optionh~~
~~The Emergency Food Assistance~~
~~$400~~
~~$450~~
~~$400~~
~~j,k~~
~~Programi (TEFAP)~~

~~Open-ended~~
~~$500m~~
~~$1,900j~~
~~$500k; open-~~
~~USDA commodity purchases~~
~~fundingl~~

~~ended fundingl~~
~~Commodity Supplemental Food~~
~~$13n~~
~~$37~~
~~Program (CSFP)~~

~~Special Supplemental Nutrition~~

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

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

~~Waivers~~

~~Open-ended~~

~~funding~~

~~Cash-Value Voucher Increase~~

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

~~$390~~
~~Gus Schumacher Nutrition~~
~~$70~~

~~Incentive Program (GuSNIP)~~

~~Total (not including open-~~
~~(only open~~
~~ended funding estimates)~~
~~$1,000~~
~~$25,560~~
~~ended)~~
~~$3,102~~
~~$3,592~~
Source: Compiled by the Congressional Research Service (CRS) based on the specified laws. Congressional
~~Budget Office cost estimates for H.R. 6201 (April 2, 2020); H.R. 748 (April 16, 2020); H.R. 8337 (September 23,~~
~~2020); H.R. 133, P.L. 116-260, Division N (January 14, 2021); Reconciliation Recommendations of the House~~
~~Committee on Agriculture (February 13, 2021); Reconciliation Recommendations of the House Committee on~~
~~Education and Labor (February 15, 2021).~~
Notes: Al funding in this table is designated as emergency and does not count against budget caps. Emergency
~~Meals to You funding is included in the Child Nutrition Program row. Funding for the Disaster Household~~
~~Distribution program is not available and not included in the table.~~
~~a. CBO stated in its estimate that this spending is expected to replace spending on child nutrition programs~~
~~and therefore does not have a net cost.~~
~~b. For al open-ended mandatory funding nutrition provisions in P.L. 116-159 listed in the table, CBO~~
~~estimated a total of $8.063 bil ion in budget authority for FY2021 and $8.121 bil ion for the 10 -year budget~~
~~window (FY2021-FY2030).~~
~~c. CBO has estimated that P.L. 116-260, Division N, Title VII (Nutrition and Agriculture Relief) provisions~~
~~increase direct spending by $24.917 bil ion in budget authority for FY2021 and $25.697 bil ion for the 10 -~~
~~year budget window (FY2021-FY2030). These estimates include nutrition and agriculture provisions, and~~
~~include open-ended and capped funding.~~
~~d. CBO estimated that these changes would cost $5.560 bil ion over the 2021 -2030 period.~~
~~e. CBO estimated that together these changes would increase open-ended spending for benefits by a total of~~
~~$21.2 bil ion in FY2020 and FY2022. The provision did not appropriate this funding.~~
f.
~~CBO estimated that these changes would cost $3.54 bil ion in FY2021.~~
~~Congressional Research Service~~

4

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

~~g. P.L. 116-260 provided open-ended mandatory funding for a program to cover a proportion of financial~~
~~losses experienced by some child nutrition program providers during the early months of the pandemic.~~
~~h. P.L. 117-2 provided open-ended mandatory funding for meal and snack reimbursements for individuals ages~~
~~19-24 served by CACFP-participating emergency shelters. CBO has estimated that this policy would cost a~~
~~total of $180 mil ion, spent in FY2021 and FY2022.~~
i.
~~States may use up to $100 mil ion of the funding provided by P.L. 116-127, up to $150 mil ion of the funding~~
~~provided by P.L. 116-136, and up to 20% ($80 mil ion) of the funding provided by P.L. 116-260 for food~~
~~storage and distribution costs.~~
j.
~~Section 751 of P.L. 116-260 (Division N) provided no less than $1.5 bil ion for USDA to, among other~~
~~purposes, “purchase and distribute agricultural products … to individuals in need, including through delivery~~
~~to nonprofit organizations that can receive, store, and distribute food items.” Using this authority, USDA~~
~~spent $1.4 bil ion on the Farmers to Families Food Box program and al ocated $500 mil ion for TEFAP as of~~
~~the date of this report.~~
~~k. Section 1001 of P.L. 117-2 provided $3.7 bil ion for USDA to, among other purposes, “purchase and~~
~~distribute agricultural commodities … to individuals in need, including through delivery to nonprofit~~
~~organizations and through restaurants and other food related entities, as determined by the Secretary, that~~
~~may receive, store, process, and distribute food items.” Using this authority, USDA al ocated $500 mil ion~~
~~for TEFAP as of the date of this report.~~
l.
~~This funding is for USDA to “purchase commodities for emergency distribution in any area of the United~~
~~States during a public health emergency designation.” P.L. 116-127 (§1101(g)) enacted on March 18, 2020,~~
~~authorized funding through September 30, 2020. Using this authority, USDA spent nearly $4 bil ion on the~~
~~first three rounds of the Farmers to Families Food Box Program. P.L. 117-2 (§1108), enacted on March 11,~~
~~2021, removed the expiration date.~~
~~m. USDA used $500 mil ion in unobligated funds for the Office of the Agricultural Secretary from the CARES~~
~~Act (P.L. 116-136) for the Farmers to Families Food Box Program, according to CRS correspondence with~~
~~USDA’s Agricultural Marketing Service on November 19, 2020.~~
~~n. Up to 20% ($2.6 mil ion) of the funding may be used for state administrative expenses.~~
~~Supplemental Nutrition Assistance Program (SNAP)~~
~~The COVID-19 pandemic has posed a number of chal enges for SNAP. To address the economic~~
~~downturn and increased unemployment, the laws have included temporary benefit increases as~~
~~wel as a requirement for the partial suspension of certain work-related eligibility rules. The laws~~
~~also have granted USDA authority to offer administrative flexibilities to SNAP state agencies,~~
~~responding to the constraints of social distancing, remote work, and higher rates of new SNAP~~
~~participants.~~
~~FY2020 participation and spending data for SNAP reflect increases in participation and spending~~
~~during the pandemic.9 Focusing on participation in March 2020 (the month the pandemic was~~
~~declared) through September 2020 (the end of the fiscal year), a monthly average of 41.7 mil ion~~
~~people received SNAP benefits, as compared to the first months of FY2020 (October 2019~~
~~through February 2020) when an average of 37.3 mil ion~~ people received SNAP benefits. people received SNAP benefits.
~~Program costs were $60.4 bil ion in FY2019 and $78.9 bil ion in FY2020, an $18.5 bil ion~~SNAP participation was roughly sustained through FY2021, with a monthly average of 41.5 million people receiving benefits. Program costs were $60.4 billion in FY2019 and $78.9 billion in FY2020, an $18.5 billion (31%) ~~(31%)~~
~~increase for the full year.~~
increase for the full year. Costs further increased to $112.6 billion in FY2021 (a 42% increase from FY2020), reflecting a full year of the pandemic and pandemic response, including nine months of a 15% increase to the maximum benefit. SNAP’s funding is largely open-ended mandatory appropriations. To the extent to which the SNAP’s funding is largely open-ended mandatory appropriations. To the extent to which the
COVID-19 pandemic response laws change eligibilityCOVID-19 pandemic response laws change eligibility for SNAP benefits or the calculation of for SNAP benefits or the calculation of
those benefits, the laws create the budget authority to expend already appropriated funds for those those benefits, the laws create the budget authority to expend already appropriated funds for those
benefits. In some cases, supplemental funding for policies was appropriated within the same law benefits. In some cases, supplemental funding for policies was appropriated within the same law

~~9 Data in this paragraph is from USDA, FNS, Keydata Report (September 2020 data), available at~~
~~https://www.fns.usda.gov/data/january-keydata-report -september-2020-data.~~
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5

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

authorizing a change in policy; in others, funding was provided for the purpose in subsequent authorizing a change in policy; in others, funding was provided for the purpose in subsequent
laws. These issues are discussed below. laws. These issues are discussed below.
SNAP Benefit Increases and Waivers
Over the course of the 116th and 117th Congresses, COVID-19 response laws provided several Over the course of the 116th and 117th Congresses, COVID-19 response laws provided several
increases to SNAP benefits. First, FFCRA provided emergency increases to SNAP benefits. First, FFCRA provided emergency ~~al otments~~allotments up to the maximum up to the maximum
benefit amount; these particular increases were expanded under the Biden Administration’s benefit amount; these particular increases were expanded under the Biden Administration’s
interpretation of the law. Then, the FY2021 Consolidated Appropriations Act increased the interpretation of the law. Then, the FY2021 Consolidated Appropriations Act increased the
maximum benefit amount, and ARPA extended the duration of this increase through September maximum benefit amount, and ARPA extended the duration of this increase through September
30, 2021. Separate from the pandemic response laws, the Biden Administration30, 2021. Separate from the pandemic response laws, the Biden Administration ~~has~~ implemented implemented
a a provision of the 2018 farm provision of the 2018 farm ~~bil~~ bill creating an across-the-board increase to SNAP benefits creating an across-the-board increase to SNAP benefits
~~scheduled to take~~that went into effect October 1, 2021. effect October 1, 2021.
Emergency Allotment Increases
FFCRA provided for temporary SNAP benefit increases during the COVID-19 public health FFCRA provided for temporary SNAP benefit increases during the COVID-19 public health
emergency; this provision applies only when both (1) a public health emergency under Section emergency; this provision applies only when both (1) a public health emergency under Section
319 of the Public Health Service Act and (2) a state emergency have been declared.319 of the Public Health Service Act and (2) a state emergency have been declared.1011 Prior to this Prior to this
policy, SNAP benefits were calculated by subtracting a share of the household’s net income from policy, SNAP benefits were calculated by subtracting a share of the household’s net income from
a maximum benefit; some but not a maximum benefit; some but not al all households received the maximum benefit.households received the maximum benefit.1112 With With
emergency emergency ~~al otments~~allotments, the law required USDA to grant SNAP state agencies’ requests that are , the law required USDA to grant SNAP state agencies’ requests that are
supported “with sufficient data (as determined by [USDA]).” The increases are “to address supported “with sufficient data (as determined by [USDA]).” The increases are “to address
temporary food needs not greater than the applicable maximum monthly temporary food needs not greater than the applicable maximum monthly ~~al otment~~allotment for the for the
household size.” For much of the pandemic, household size.” For much of the pandemic, al all 53 SNAP state agencies were providing these 53 SNAP state agencies were providing these
emergency emergency ~~al otments~~allotments, but the number of states doing so has , but the number of states doing so has ~~begun to fal as their respective~~fluctuated as some state ~~state~~
emergency emergency declarations have ended or ended and resumed.13 11 P.L. 116-127, Division B, Title~~declarations have ended.12~~
~~The Trump and Biden Administrations implemented the emergency al otments policy differently.~~
~~During the Trump Administration, USDA interpreted the emergency al otments increase as~~
~~available for any household who would have been eligible for less than the maximum benefit.~~
~~These households then would receive the maximum benefit amount. Under this interpretation,~~
~~households already receiving the maximum al otment did not receive any emergency al otment~~
~~increase. This interpretation was the subject of litigation.13~~

~~10 P.L. 116-127, Division B, T itle~~ III, §2302(a). This provision is authorized only when both federal and state III, §2302(a). This provision is authorized only when both federal and state
emergencies are in place, specifically: “in the event of a public health emergency declaration by the Secretary of Health emergencies are in place, specifically: “in the event of a public health emergency declaration by the Secretary of Health
and Human Servicesand Human Services under section 319 of the Public Health Service Act basedunder section 319 of the Public Health Service Act based on an outbreak of coronavirus disease on an outbreak of coronavirus disease
2019 (COVID-19) 2019 (COVID-19) and the issuance of an emergency or disaster the issuance of an emergency or disaster declaration by a State baseddeclaration by a State based on an outbreak of on an outbreak of
COVID-19.” (emphasisCOVID-19.” (emphasis added). added).
1112 For a summary of income eligibility and benefit calculation, see CRS For a summary of income eligibility and benefit calculation, see CRS Report R42505, Report R42505, Supplemental Nutrition
Assistance Program (SNAP): A ~~Prim er~~Primer on Eligibility and Benefits. .
12 13 For example, 53 SNAP For example, 53 SNAP state agencies provided emergency allotments in December 2020, and 37 SNAPstate agencies provided emergency allotments in December 2020, and 37 SNAP state state
agenciesagencies provided them in provided them in ~~August 2021~~February 2022. USDA-FNS. USDA-FNS website,website, https://www.fns.usda.gov/snap/covid-19-emergency-https://www.fns.usda.gov/snap/covid-19-emergency-
allotments-guidance (accessedallotments-guidance (accessed ~~August 6, 2021).~~
~~13 See, for example, Gilliam v. United States Dep't of Agric., 2020 U.S. Dist. LEXIS 166171 at 1 (E.D. Pa. Sept. 11,~~
~~2020), Hall v. United States Dep't of Agric., 467 F.Supp.3d (N.D. Cal. June 17, 2020). See also Kate Giammarise,~~
~~“'Just Scraping By’: Families in PA Waiting on Additional Food Stamps as Court Fight Continues,” WESA, December~~
~~3, 2020, https://www.wesa.fm/post/just-scraping-families-pa-waiting-additional-food-stamps-court -fight -continues#~~
~~stream/0.~~
~~Congressional Research Service~~

6

~~link to page 13 link to page 14 link to page 14~~ ~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

~~The Biden Administration reviewed its authority to al ow states to provide emergency al otments~~
~~on top of the maximum benefit 14~~ February 15, 2022). Congressional Research Service 7 link to page 14 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic The Trump and Biden Administrations implemented the emergency allotments policy differently. During the Trump Administration, USDA interpreted the emergency allotments increase as available for any household who would have been eligible for less than the maximum benefit. These households then would receive the maximum benefit amount. Under this interpretation, households already receiving the maximum allotment did not receive any emergency allotment increase. This interpretation was the subject of litigation.14 The Biden Administration reviewed its authority to allow states to provide emergency allotments on top of the maximum benefit 15 and ultimately implemented an increase for the households that and ultimately implemented an increase for the households that
were receiving the maximum pre-emergency were receiving the maximum pre-emergency ~~al otment.15~~allotment.16 Under April 1, 2021, guidance, the Under April 1, 2021, guidance, the
Biden Administration updated the prior Administration’s guidance to provide an emergency Biden Administration updated the prior Administration’s guidance to provide an emergency
~~al otments~~allotments minimum increase of $95 to minimum increase of $95 to al all households.households.1617 Those that received no prior increase Those that received no prior increase
would get $95 and those with a prior increase of less than $95 would receive the difference. would get $95 and those with a prior increase of less than $95 would receive the difference.
Temporary 15% Increase to Maximum Monthly Benefits
(January-September 2021) The FY2021 Consolidated Appropriations Act provided the authority and funding for a 15% The FY2021 Consolidated Appropriations Act provided the authority and funding for a 15%
increase to FY2021 maximum SNAP benefit amounts for January through June 2021.increase to FY2021 maximum SNAP benefit amounts for January through June 2021.1718 ARPA ARPA
extended this increase through September 2021.extended this increase through September 2021.1819 The basis for SNAP’s maximum benefit is a The basis for SNAP’s maximum benefit is a
USDA-created and -calculated set of market baskets USDA-created and -calculated set of market baskets ~~cal ed~~called the the Thrifty Food Plan, a way to , a way to
determine the contents and therefore costs of meeting dietary needs under low resource determine the contents and therefore costs of meeting dietary needs under low resource
constraints.constraints.1920
Table 2 displays, in the middle column, the temporary maximum benefit amounts for households displays, in the middle column, the temporary maximum benefit amounts for households
in 48 states and the District of Columbia based on household size, under this January-September in 48 states and the District of Columbia based on household size, under this January-September
2021 increase.2021 increase.2021 As discussed above, under the Trump Administration’s implementation of the 14 See, for example, Gilliam v. United States Dep't of Agric., 2020 U.S. Dist. LEXIS 166171 at 1 (E.D. Pa. Sept. 11, 2020), Hall v. United States Dep't of Agric., 467 F.Supp.3d (N.D. Cal. June 17, 2020). See also Kate Giammarise, “'Just Scraping By’: Families in PA Waiting on Additional Food Stamps as Court Fight Continues,” WESA, December 3, 2020, https://www.wesa.fm/post/just-scraping-families-pa-waiting-additional-food-stamps-court-fight-continues#stream/0. 15 The White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American Families and Businesses Amid the COVID-19 Crises,” ~~As discussed above, under the Trump Administration’s implementation of the~~
~~emergency al otments, especial y at the height of the pandemic, virtual y al SNAP participants~~
~~received this maximum benefit. During the Biden Administration, states with active emergency~~
~~al otments policies provided amounts greater than those displayed in the middle column.~~
~~(Increases displayed in the last column are discussed later in this section under “Thrifty Food~~
~~Plan Increase for FY2022.”)~~
~~The enacted law also requires USDA to carry out the temporary increase in particular ways,~~
~~al owing flexibility for states.21 For example, USDA is to require a simple process for states to~~
~~notify households of the increase, and errors in the implementation of this section are not to be~~
~~included in the calculation of a state’s payment error rate.~~

~~14 T he White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American~~
~~Families and Businesses Amid the COVID-19 Crises,”~~ press release, January 22, 2021, https://www.whitehouse.gov/press release, January 22, 2021, https://www.whitehouse.gov/
briefing-room/statements-releases/2021/01/22/fact-sheet-presidentbriefing-room/statements-releases/2021/01/22/fact-sheet-president -bidens-new-executive-actions-deliver-economic--bidens-new-executive-actions-deliver-economic-
relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “ Biden Biden
Administration Expands PAdministration Expands P -EBT-EBT to Benefit Millions of Low-Income and Food Insecure Children Duringto Benefit Millions of Low-Income and Food Insecure Children During Pandemic: Pandemic:
USDAUSDA ~~Says~~ Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments
to States and Update to States and Update ~~T hrifty~~Thrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news- Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-
item/usda-001521. item/usda-001521.
1516 USDA, USDA, FNS,FNS, Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments, memo to All SNAP Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments, memo to All SNAP
State AgenciesState Agencies et al., April 1, 2021, https://www.fns.usda.gov/sites/default/files/resource-files/fns-determination-et al., April 1, 2021, https://www.fns.usda.gov/sites/default/files/resource-files/fns-determination-
regarding-enhanced-emergency-allotments.pdf. regarding-enhanced-emergency-allotments.pdf.
16 17 See See further details at USDA,further details at USDA, FNS,FNS, Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments, Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments,
memo to All SNAP State Agencies et al., April 1, 2021memo to All SNAP State Agencies et al., April 1, 2021 , https://www.fns.usda.gov/sites/default/files/resource-files/fns-, https://www.fns.usda.gov/sites/default/files/resource-files/fns-
determination-regarding-enhanced-emergency-allotments.pdf. determination-regarding-enhanced-emergency-allotments.pdf.
1718 P.L. 116-260, Division N, P.L. 116-260, Division N, ~~T itle~~Title VII, §702(a). VII, §702(a).
1819 P.L. 117-2, §1101(a), amending P.L. 116-260, Division N, P.L. 117-2, §1101(a), amending P.L. 116-260, Division N, ~~T itle~~Title VII, §702(a). VII, §702(a).
1920 See See USDA,USDA, FNS,FNS, “SNAP and “SNAP and ~~T he T hrifty~~The Thrifty Food Plan,” August 17, 2021, https://www.fns.usda.gov/snap/ Food Plan,” August 17, 2021, https://www.fns.usda.gov/snap/
thriftyfoodplan. thriftyfoodplan.
2021 Alaska, Guam, Alaska, Guam, Hawaii,Hawaii, and the U.S. Virginand the U.S. Virgin Islands each Islands each ~~have~~had higher FY2021 benefit amounts and therefore higher higher FY2021 benefit amounts and therefore higher
amounts under the temporary increase. USDA, FNS,amounts under the temporary increase. USDA, FNS, SNAP-~~Tem porary~~Temporary Increase in Maximum Allotments due to Congressional Research Service 8 link to page 15 link to page 15 link to page 14 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic emergency allotments, especially at the height of the pandemic, virtually all SNAP participants received this maximum benefit. During the Biden Administration, states with active emergency allotments policies provided amounts greater than those displayed in the middle column. (Increases displayed in the last column are discussed later in this section under “Thrifty Food Plan Increase for FY2022.”) The enacted law also required USDA to carry out the temporary increase in particular ways, allowing flexibility for states.22 For example, USDA was to require a simple process for states to notify households of the increase, and errors in the implementation of this section are not to be included in the calculation of a state’s payment error rate. ~~Increase in Maxim um Allotm ents due to~~
~~COVID-19, Memo to All State Agencies, December 28, 2020, https://www.fns.usda.gov/sites/default/files/resource-~~
~~files/SNAP%20T emp%20Increase%20in%20Max%20Allotments%20COVID_12.28.20.pdf .~~
~~21 P.L. 116-260, Division N, T itle VII, §702(b).~~
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Table 2. SNAP Maximum Monthly Benefits Before, During, and After COVID-19
Pandemic Response Laws’ 15% Increase
48 States and the District of Columbia 48 States and the District of Columbia
~~FY2022~~FY2021 Maximum Benefit
~~FY2021~~ Maximum Benefit ~~Maximum Benefit Under~~
~~(Thrifty Food~~
Under FY2022 Maximum Benefit Before Increase
Temporary ~~Increasek~~
~~Plan update)~~Increasea (Thrifty Food Plan
Household
(October 1~~-December 31,~~
, 2020- (January 1, 2021-
update) (October 1, 2021-
Size
December 31, 2020)
September 30, 2021)
September 30, 2022)
1 1
$204 $204
$234 $234
$250 $250
2 2
$374 $374
$430 $430
$459 $459
3 3
$535 $535
$616 $616
$658 $658
4 4
$680 $680
$782 $782
$835 $835
5 5
$807 $807
$929 $929
$992 $992
6 6
$969 $969
$1,114 $1,114
$1,190 $1,190
7 7
$1,071 $1,071
$1,232 $1,232
$1,316 $1,316
8 8
$1,224 $1,224
$1,408 $1,408
$1,504 $1,504
Each additional Each additional
person person
$153 $153
$176 $176
$188 $188
Source: USDA,USDA, FNS, FNS, SNAP-Temporary Increase in Maximum ~~Al otments~~Allotments due to COVID-19, Memo to , Memo to Al All State State
Agencies,Agencies, ~~December~~ December 28, 2020, https://www.fns.usda.gov/28, 2020, https://www.fns.usda.gov/~~sites/default/files/resource-files/SNAP %20Temp%20~~
~~Increase%20in%20Max%20Al otments%20COVID_12.28.20.pdf; USDA,~~ snap/temporary-increase-maximum-allotments-due-covid-19-revised-12282020; USDA, FNS, SNAP – Fiscal Year 2022 Cost-of-FNS, SNAP – Fiscal Year 2022 Cost-of-
Living Adjustments,Living Adjustments, August 16, 2021, https://www.fns.usda.gov/snap/fy-2022-cost-living-adjustments. August 16, 2021, https://www.fns.usda.gov/snap/fy-2022-cost-living-adjustments.
Notes: Alaska,Alaska, Guam, Guam, ~~Hawai~~ Hawaii, and the U.S., and the U.S. Virgin Islands each Virgin Islands each ~~have~~had higher FY2021 benefit amounts and higher FY2021 benefit amounts and
~~therefore~~ therefore higher amounts under the temporary increase.higher amounts under the temporary increase. ~~See the memo cited in the source for these benefit~~
~~amounts.~~ FY2022 benefit amounts reflect FY2022 benefit amounts reflect the Administration’sthe Administration’s recent (August 16, 2021) action re-evaluating the recent (August 16, 2021) action re-evaluating the
“Thrifty Food Plan,” SNAP law’s basis for household benefit amounts. “Thrifty Food Plan,” SNAP law’s basis for household benefit amounts.
FY2022 amounts have been increased for all participating SNAP jurisdictions while development of Alaska and Hawaii Thrifty Food Plan is ongoing. See table sources for Alaska, Hawaii, Guam, and U.S. Virgin Islands benefit amounts. a. Under April ~~a. Under April~~ 2021 Biden Administration2021 Biden Administration ~~revised emergency al otments~~ revised emergency allotments guidance, some guidance, some households may households may
receive receive as much as $95 above these amounts. COVID-19, Memo to All State Agencies, December 28, 2020, https://www.fns.usda.gov/sites/default/files/resource-files/SNAP%20Temp%20Increase%20in%20Max%20Allotments%20COVID_12.28.20.pdf. 22 P.L. 116-260, Division N, Title VII, §702(b). Congressional Research Service 9 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic ~~as much as $95 above these amounts.~~
Administrative Flexibilities
FFCRA FFCRA ~~al owed~~allowed USDA to adjust (through guidance and based on states’ requests) administrative USDA to adjust (through guidance and based on states’ requests) administrative
requirements like benefit issuance and household reporting requirements.requirements like benefit issuance and household reporting requirements.~~22 In initial y~~23 In initially
implementing this provision, USDA offered and extended blanket waivers for states’ implementing this provision, USDA offered and extended blanket waivers for states’
recertification requirements, providing additional flexibilityrecertification requirements, providing additional flexibility on interview timelines, certification on interview timelines, certification
periods, and protocols for the program’s Quality Control system, a state-federal system periods, and protocols for the program’s Quality Control system, a state-federal system
established to measure payment accuracy in the program. Beginning in July and August 2020, established to measure payment accuracy in the program. Beginning in July and August 2020,
~~USDA~~USDA, under the Trump Administration, declined states’ requests to continue these waivers. declined states’ requests to continue these waivers.23
24 The FY2021 Continuing Appropriations Act required USDA to extend specified administrative The FY2021 Continuing Appropriations Act required USDA to extend specified administrative
flexibilities,flexibilities, creating a variety of administrative flexibilitiescreating a variety of administrative flexibilities for states to operate SNAP, for states to operate SNAP,
particularly in recertifying currently participating households.particularly in recertifying currently participating households.2425 Examples of these state options Examples of these state options

~~22 P.L. 116-127, Division A, T itle I, §1101(b).~~
~~23 See, for example, Julie Zauzmer, “USDA will~~ include extending certification periods for households whose SNAP benefits were set to expire on or before June 30, 2021, and allowing simplified reporting requirements for SNAP households with recertification set to expire on or before December 31, 2021. States are required to notify USDA of their selected options, but the options are not subject to USDA approval. The provision also authorized and appropriated open-ended mandatory funding for these policy changes. USDA under the Biden Administration has continued to offer administrative flexibilities. The agency does so most recently in December 8, 2021 guidance, where USDA provides for a policy and process for continuing administrative flexibilities through the FFCRA authority and through specific regulatory waivers.26 This guidance requires the requesting state to confirm with FNS the presence of a state emergency or disaster declaration at three-month intervals in order to extend flexibilities. The policy has been in place since the beginning of January 2022 and is to last through the end of the month subsequent to the month in which the federal public health emergency declaration related to COVID-19 is lifted by the Secretary of Health and Human Services. The guidance notes the temporary nature of the flexibilities. Thrifty Food Plan Increase for FY2022 (beginning October 1, 2021) Separate from the implementation of the COVID-19 pandemic response laws discussed in this report, on August 16, 2021, the Biden Administration announced its reevaluation of and update to the Thrifty Food Plan, ultimately increasing benefits for FY2022 and future years.27 23 P.L. 116-127, Division A, Title I, §1101(b). 24 See, for example, Julie Zauzmer, “USDA will end coronavirus exception, making SNAP recipients prove their end coronavirus exception, making SNAP recipients prove their
income again to get food stamps,” income again to get food stamps,” Washington Post, July 31, 2020, https://www.washingtonpost.com/dc-md-va/2020/, July 31, 2020, https://www.washingtonpost.com/dc-md-va/2020/
07/31/usda-will-end-coronavirus-exception-making-snap-recipients-prove-their-income-again-keep-getting-food-07/31/usda-will-end-coronavirus-exception-making-snap-recipients-prove-their-income-again-keep-getting-food-
stamps/. stamps/.
24 25 P.L. 116-159, Division D, P.L. 116-159, Division D, ~~T itle~~Title VI, §4603(a). 26 USDA, FNS, Supplemental Nutrition Assistance Program (SNAP) – Extension of COVID-19 Administrative Flexibilities January 2022 and Beyond, Memo to All SNAP State Agencies and All Regions, December 8, 2021, https://www.fns.usda.gov/snap/extension-covid-19-administrative-flexibilities-january-2022-and-beyond. (“[T]hese flexibilities are temporary and FNS expects states to actively prepare to operate under normal program rules in the future, especially with regard to interviews and certification periods.... Resuming regular operations will require thoughtful planning, especially for states that have used certain adjustments for extended periods, and FNS is prepared to provide technical assistance. FNS does not expect to approve these COVID-19 flexibilities beyond the duration of the federal public health emergency. This guidance does not signal or confirm when the federal public health emergency declaration will end.”) 27 USDA, “USDA Modernizes the Thrifty Food Plan, Updates SNAP Benefits,” press release, August 16, 2021, https://www.usda.gov/media/press-releases/2021/08/16/usda-modernizes-thrifty-food-plan-updates-snap-benefits. This Congressional Research Service 10 link to page 14 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic The contents of the Thrifty Food Plan were last updated by USDA in 2006, and the 2018 farm bill required USDA to reevaluate the Thrifty Food Plan by FY2022 and every five years thereafter.28 While the maximum benefit amounts were announced for FY2022 (displayed in ~~VI, §4603(a).~~
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~~include extending certification periods for households whose SNAP benefits were set to expire on~~
~~or before June 30, 2021, and al owing simplified reporting requirements for SNAP households~~
~~with recertification set to expire on or before December 31, 2021. States are required to notify~~
~~USDA of their selected options, but the options are not subject to USDA approval. The provision~~
~~also authorized and appropriated open-ended mandatory funding for these policy changes.~~
~~Thrifty Food Plan Increase for FY2022~~
~~Separate from the implementation of the COVID-19 pandemic response laws discussed in this~~
~~report, on August 16, 2021, the Biden Administration announced its reevaluation of and update to~~
~~the Thrifty Food Plan, ultimately increasing benefits for FY2022 and future years.25 The~~
~~Administration’s plans to work on this were included in implementation of a January 2021~~
~~executive order.~~
~~The contents of the Thrifty Food Plan were last updated by USDA in 2006, and the 2018 farm bil~~
~~required USDA to reevaluate the Thrifty Food Plan by FY2022 and every five years thereafter.26~~
~~While the maximum benefit amounts were announced for FY2022 (displayed i~~n Table 2), ,
sustained increases relative to FY2021 can be expected for future years, as the law states that this sustained increases relative to FY2021 can be expected for future years, as the law states that this
new base is adjusted for inflation yearly. The Administration’s update new base is adjusted for inflation yearly. The Administration’s update ~~wil increase~~increased the maximum the maximum
benefit, creating maximum benefit amounts slightly greater than those afforded during the 15% benefit, creating maximum benefit amounts slightly greater than those afforded during the 15%
increases in FY2021. USDA’s analysis estimates that the cost of this nutritious lowest-cost diet is increases in FY2021. USDA’s analysis estimates that the cost of this nutritious lowest-cost diet is
21% higher than that used in the current Thrifty Food Plan (i.e., the amounts pre-January 1, 21% higher than that used in the current Thrifty Food Plan (i.e., the amounts pre-January 1,
2021). Some of the factors that explain the increase are the inclusion of more convenience foods, 2021). Some of the factors that explain the increase are the inclusion of more convenience foods,
higher caloric assumptions, and more nutrient-dense foods.higher caloric assumptions, and more nutrient-dense foods.2729 The exact increase per person or per The exact increase per person or per
household household ~~wil~~ will vary case-by-case. USDA estimates an average increase of over $36 per person vary case-by-case. USDA estimates an average increase of over $36 per person
per month as compared to the maximum benefits in place prior to the pandemic response per month as compared to the maximum benefits in place prior to the pandemic response
increases.increases.2830 Despite this permanent increase to the maximum benefit, some households may still experience reductions in their specific benefit amount, if and when their states’ emergency allotments policy ends.31
Excluding Federal Pandemic Unemployment Compensation from
SNAP Income
The FY2021 Consolidated Appropriations Act excluded Federal Pandemic Unemployment The FY2021 Consolidated Appropriations Act excluded Federal Pandemic Unemployment
Compensation (FPUC) payments from being counted as income or resources in SNAP Compensation (FPUC) payments from being counted as income or resources in SNAP
applications.applications.2932 It also provided the associated open-ended funding for benefit increases. It also provided the associated open-ended funding for benefit increases.
Many of the COVID-19 pandemic response laws contained expansions and extensions of Many of the COVID-19 pandemic response laws contained expansions and extensions of
unemployment insurance.unemployment insurance.3033 The SNAP exclusion in the FY2021 Consolidated Appropriations Act The SNAP exclusion in the FY2021 Consolidated Appropriations Act
applies to a portion of the payments, the “pandemic unemployment compensation” payments, applies to a portion of the payments, the “pandemic unemployment compensation” payments,

~~25 USDA, “USDA Modernizes the T hrifty Food Plan, Updates SNAP Benefits,” press release, August 16, 2021,~~
~~https://www.usda.gov/media/press-releases/2021/08/16/usda-modernizes-thrifty-food-plan-updates-snap-benefits.~~
~~26 P.L. 115-334, §~~which are the additional $300 per week provided under this law, and enacted earlier in the CARES Act at $600 per week. Until the FY2021 Consolidated Appropriations Act, these payments were counted as income for SNAP households. FPUC, under ARPA’s extension of the program, continues to be excluded from SNAP income.34 Under current Unemployment report contains a reevaluation of the thrifty food plan for the 48 states and the District of Columbia. Re-evaluation of Alaska and Hawaii Thrifty Food Plans is expected in 2022. The August 2021 report includes an interim adjustment made for the purposes of FY2022 benefits. Ibid. at 50. 28 P.L. 115-334, Section 4002, amending Section 3(u) of the Food and Nutrition Act of 2008 (codified at 7 U.S.C.4002, amending Section 3(u) of the Food and Nutrition Act of 2008 (codified at 7 U.S.C. §2012(u). §2012(u).
27 29 USDA, USDA, FNS,FNS, Thrifty Food Plan, 2021, August 2021, pp. 34-35, https://www.fns.usda.gov/resource/thrifty-food-plan-, August 2021, pp. 34-35, https://www.fns.usda.gov/resource/thrifty-food-plan-
2021. 2021.
28 30 USDA, USDA, “USDA“USDA Modernizes the Modernizes the ~~T hrifty~~Thrifty food Plan, Updates SNAP Benefits,” press release, August food Plan, Updates SNAP Benefits,” press release, August 16, 2021, 16, 2021,
https://www.usda.gov/media/press-releases/2021/08/16/usda-modernizes-thrifty-food-plan-updates-snap-benefits. https://www.usda.gov/media/press-releases/2021/08/16/usda-modernizes-thrifty-food-plan-updates-snap-benefits.
~~29 P.L. 116-260, Division N, T itle VII, §702(d). FPUC is summarized in CRS In Focus~~ 31 This dynamic is discussed and illustrated in USDA, “Thrifty Food Plan Re-evaluation Puts Nutrition in Reach for SNAP Participants,” August 30, 2021, https://www.usda.gov/media/blog/2021/08/30/thrifty-food-plan-re-evaluation-puts-nutrition-reach-snap-participants. 32 P.L. 116-260, Division N, Title VII, §702(d). FPUC is summarized in CRS In Focus IF11723, IF11723, Unemployment
Insurance Provisions in the Consolidated Appropriations Act, 2021 (Division N, Title II, Subtitle A, the Continued
Assistance for ~~Unem ployed Workers~~ Unemployed Workers Act of 2020), by Katelin P. Isaacs and Julie, by Katelin P. Isaacs and Julie M. Whittaker. M. Whittaker.
3033 See See the “Enacted Laws in the 116th Congress” section in CRSthe “Enacted Laws in the 116th Congress” section in CRS Report R45478, Report R45478, Unemployment Insurance: Legislative
Issues in the 116th Congress, by Julie, by Julie M. Whittaker and Katelin P. Isaacs. 34 See treatment of FPUC and other American Rescue Plan economic payments discussed in Jessica Shahin, SNAP Provisions in the American Rescue Plan Act of 2021, USDA, FNS, Memo to SNAP State Agencies and Regions, March 12, 2021, pp. 2-3 https://www.fns.usda.gov/snap/provisions-american-rescue-plan-act-2021. Congressional Research Service 11 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic Insurance law, though, no FPUC benefits were payable for weeks of unemployment that began after September 4, 2021.35 SNAP eligibility ~~M. Whittaker and Katelin P. Isaacs.~~
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~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

~~which are the additional $300 per week provided under this law, and enacted earlier in the~~
~~CARES Act at $600 per week. Until the FY2021 Consolidated Appropriations Act, these~~
~~payments were counted as income for SNAP households. FPUC, under ARPA’s extension of the~~
~~program, continues to be excluded from SNAP income.31 Under current law, though, FPUC wil~~
~~not be payable after September 4, 2021.32~~
~~SNAP eligibility~~ and benefit calculation is primarily determined using a household’s gross and benefit calculation is primarily determined using a household’s gross
income and, in some states, resources (also income and, in some states, resources (also ~~cal ed~~called assets) are counted as assets) are counted as ~~wel~~ well. Gross income is . Gross income is al
all household income with the exception of a limitedhousehold income with the exception of a limited list of income sources that are excluded in list of income sources that are excluded in
statute. Prior to the change made by the FY2021 Consolidated Appropriations Act, statute. Prior to the change made by the FY2021 Consolidated Appropriations Act, al
all unemployment insurance was counted as income in a household SNAP application.unemployment insurance was counted as income in a household SNAP application. ~~The change is~~
~~to expand SNAP eligibility for some, but not al , households receiving unemployment insurance~~
~~income.~~
SNAP Work-Related and Student Eligibility Rules
Work-Related Requirements
SNAP’s authorizing law has long included work-related eligibility SNAP’s authorizing law has long included work-related eligibility requirements, the strictest requirements, the strictest
being a time limitbeing a time limit ~~for nondisabled~~ for “able bodied” (nondisabled) adults (ages 18 to 49) without dependents (ABAWDs) who adults (ages 18 to 49) without dependents (ABAWDs) who
work less than 80 hours per month.work less than 80 hours per month.3336 FFCRA FFCRA ~~partial y~~ partially suspended this time limit nationwide suspended this time limit nationwide
during the period of the Secretary of Health and Human Services’ public health emergency during the period of the Secretary of Health and Human Services’ public health emergency
declaration, declaration, ~~al owing~~ allowing new and continuing participants who would have lost eligibilitynew and continuing participants who would have lost eligibility due to the due to the
time limit to continue to receive benefits.time limit to continue to receive benefits.34
37 Separately, on March 13, 2020, a federal court temporarily blocked part of a December 2019 Separately, on March 13, 2020, a federal court temporarily blocked part of a December 2019
USDA final rule that would have narrowed states’ authority to waive the time limit, and which USDA final rule that would have narrowed states’ authority to waive the time limit, and which
would have taken effect in part on Aprilwould have taken effect in part on April ~~1.35~~ 1.38 The court acknowledged that the global pandemic The court acknowledged that the global pandemic
highlighted the need to provide government officials with flexibilityhighlighted the need to provide government officials with flexibility to address their constituents’ to address their constituents’
nutritional needs “and ensure their nutritional needs “and ensure their ~~wel~~ well-being through programs like SNAP.”-being through programs like SNAP.”3639 Following the Following the
preliminarypreliminary injunction, on October 18, 2020, the court struck down the rule in its entirety.injunction, on October 18, 2020, the court struck down the rule in its entirety.3740 On On
March 24, 2021, the Biden AdministrationMarch 24, 2021, the Biden Administration announced that the U.S. Court of Appeals for the D.C. announced that the U.S. Court of Appeals for the D.C.

~~31 See treatment of FPUC and other American Rescue Plan economic payments discussed in Jessica Shahin,~~ ~~SNAP~~
~~Provisions in the Am erican Rescue Plan Act of 2021~~ ~~, USDA, FNS, Memo to SNAP State Agencies and Regions,~~
~~March 12, 2021, pp. 2-3 https://www.fns.usda.gov/snap/provisions-american-rescue-plan-act-2021.~~
~~32 September 5, 2021, in New York. See CRS Report R46687,~~ ~~Current Status of~~ Circuit has allowed it to withdraw the Trump Administration’s appeal; the Administration plans, after the COVID-19 suspension, to return to long-standing time limit rules.41 Student Eligibility Many students attending higher education less than half-time are also subject to the time limit for non-disabled adults discussed above. During the pandemic, the suspension enacted by FFCRA would apply to them. However, students of higher education attending half-time or greater are 35 September 5, 2021, in New York. See CRS Report R46687, Unemployment Insurance (UI)
Benefits: ~~Perm anent-Law Program s and COVID-19 Pandem ic Response~~.
~~33 T ime~~Permanent-Law Programs and the COVID-19 Pandemic Response. 36 Time limits are summarized limits are summarized in CRSin CRS Report R42505, Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Primer
on Eligibility and Benefits. .
3437 P.L. 116-127, Division B, P.L. 116-127, Division B, ~~T itle~~Title III, §2301. FNS guidance, III, §2301. FNS guidance, March 20, 2020, available at https://www.fns.usda.gov/March 20, 2020, available at https://www.fns.usda.gov/
snap/ffcra-impactsnap/ffcra-impact -time-limit-abawds. Regarding-time-limit-abawds. Regarding ~~public~~ public health emergency background, see CRShealth emergency background, see CRS Report R46219, Report R46219,
Overview of U.S. ~~Dom estic~~Domestic Response to Coronavirus Disease 2019 (COVID-19). .
35 38 District of Columbia v. United States Dep't of Agric., 444 F. Supp., 444 F. Supp. 3d, 1, 6-7 (D.D.C. 2020). 3d, 1, 6-7 (D.D.C. 2020).
3639 Ibid Ibid at 5. at 5.
3740 District of Columbia, et al. v. United States Dep't of Agric., __ F. Supp. 3d __, 2020 U.S. Dist. LEXIS, __ F. Supp. 3d __, 2020 U.S. Dist. LEXIS 192508 at 5192508 at 5 --
11 (D.D.C. Oct. 18, 2020). On December 16, 2020, the 11 (D.D.C. Oct. 18, 2020). On December 16, 2020, the ~~T rump~~Trump Administration appealed the District Court decision (see Administration appealed the District Court decision (see
HouseHouse Committee on Agriculture, “FudgeCommittee on Agriculture, “Fudge ~~Slams~~ Slams Administration for Appealing ABAWD Ruling,”Administration for Appealing ABAWD Ruling,” press release, press release,
December 16, 2020, https://agriculture.house.gov/news/documentsingle.aspx?DocumentID=2069). December 16, 2020, https://agriculture.house.gov/news/documentsingle.aspx?DocumentID=2069).
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~~Circuit has al owed it to withdraw the Trump Administration’s appeal; the Administration plans,~~
~~after the COVID-19 suspension, to return to long-standing time limit rules.38~~
~~Student Eligibility~~
~~Many students attending higher education less than half-time are also subject to the time limit for~~
~~non-disabled adults discussed above. During the pandemic, the suspension enacted by FFCRA~~
~~would apply to them. However, students of higher education attending half-time or greater are~~
41 U.S. Department of Agriculture, “Statement by Agriculture Secretary Tom Vilsack on D.C. Circuit Court’s Decision Regarding ABAWDs Rule,” press release, March 24, 2021, https://www.usda.gov/media/press-releases/2021/03/24/statement-agriculture-secretary-tom-vilsack-dc-circuit-courts. Congressional Research Service 12 link to page 19 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic subject to a different requirement, a student disqualification rule.subject to a different requirement, a student disqualification rule.3942 Students working 20 hours or Students working 20 hours or
more per week, or students meeting one of a list of other exceptions, may be eligible for SNAP more per week, or students meeting one of a list of other exceptions, may be eligible for SNAP
benefits;benefits;4043 otherwise, students attending half-time or greater are not eligible for SNAP. FFCRA’s otherwise, students attending half-time or greater are not eligible for SNAP. FFCRA’s
suspension in March 2020 did not suspend the student disqualification rule, leaving the student suspension in March 2020 did not suspend the student disqualification rule, leaving the student
disqualification in place for students attending half-time or greater until the FY2021 Consolidated disqualification in place for students attending half-time or greater until the FY2021 Consolidated
Appropriations Act was passed in December. Appropriations Act was passed in December.
The FY2021 Consolidated Appropriations Act then suspended the student disqualification rule for The FY2021 Consolidated Appropriations Act then suspended the student disqualification rule for
certain students during the public health emergency.certain students during the public health emergency.4144 The suspension of the rule applies to The suspension of the rule applies to
students enrolled at least half-time in an institution of higher education who students enrolled at least half-time in an institution of higher education who
 are eligible  are eligible to participate in a state or to participate in a state or ~~federal y~~federally financed work study program, or financed work study program, or
 have an expected family contribution of $0 on their Free Application for Federal  have an expected family contribution of $0 on their Free Application for Federal
Student Aid (FAFSA). Student Aid (FAFSA).
These students would not be subject to the student disqualification rule, but would These students would not be subject to the student disqualification rule, but would ~~stil~~ still need to need to
meet SNAP’s other eligibilitymeet SNAP’s other eligibility rules, such as income eligibility. rules, such as income eligibility.
This provision also requires that the Secretary of Education, in consultation with the Secretary of This provision also requires that the Secretary of Education, in consultation with the Secretary of
Agriculture and institutions of higher education, carry out activities to inform students of these Agriculture and institutions of higher education, carry out activities to inform students of these
temporary student eligibilitytemporary student eligibility requirements. requirements.
The law appropriates funding for the provision. The law appropriates funding for the provision.
SNAP-Related Funding
For the most part, the SNAP provisions discussed above provide such sums as are necessary or For the most part, the SNAP provisions discussed above provide such sums as are necessary or
authorize an eligibleauthorize an eligible purpose for funding in the SNAP account. Of the four COVID-19 pandemic purpose for funding in the SNAP account. Of the four COVID-19 pandemic
response laws, the CARES Act and FY2021 Consolidated Appropriations Act appropriated finite response laws, the CARES Act and FY2021 Consolidated Appropriations Act appropriated finite
sums of funding for SNAP. These are discussed below. sums of funding for SNAP. These are discussed below.
Funding provided to Puerto Rico, American Samoa, and the Northern Mariana Islands is Funding provided to Puerto Rico, American Samoa, and the Northern Mariana Islands is
discussed in the discussed in the “Nutrition Assistance Funding for Certain Territories~~” section.~~

~~38 U.S. Department of Agriculture, “Statement by Agriculture Secretary T om Vilsack on D.C. Circuit Court’s Decision~~
~~Regarding ABAWDs Rule,” press release, March 24, 2021, https://www.usda.gov/media/press-releases/2021/03/24/~~
~~statement -agriculture-secretary-tom-vilsack-dc-circuit-courts.~~
39” section. Funds in the CARES Act The CARES Act provided $15.8 billion for the SNAP account. This includes $15.5 billion in contingency reserve for SNAP participation should earlier budget estimates be exceeded. According to information provided by FNS, the $15.5 billion contingency was all obligated in FY2020. The funds were primarily used to support providing the emergency allotments, authorized in FFCRA, to SNAP households.45 42 Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. §2015(e)). Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. §2015(e)).
40See also CRS Report R46817, Food Insecurity Among College Students: Background and Policy Options. 43 Exceptions for students (1) under 18 years old or age 50 or older; (2) disabled; Exceptions for students (1) under 18 years old or age 50 or older; (2) disabled; (3) enrolled in school because(3) enrolled in school because of of
participation in specified programs; (4) employed at least 20 hours per week or participates in a work-study program participation in specified programs; (4) employed at least 20 hours per week or participates in a work-study program
duringduring the school year; (5) certain parent (based largely on age of the child); or (6) receiving the school year; (5) certain parent (based largely on age of the child); or (6) receiving ~~T ANF~~TANF benefits. benefits.
4144 P.L. 116-260, Division N, P.L. 116-260, Division N, ~~T itle~~Title VII, §702(e). VII, §702(e). ~~T he~~The provision is in effect for initial applications until 30 days after the provision is in effect for initial applications until 30 days after the
COVID-19 publicCOVID-19 public health emergency is lifted. It is in effect for recertification until no earlier than 30 days after the health emergency is lifted. It is in effect for recertification until no earlier than 30 days after the
COVID-19 publicCOVID-19 public health emergency is lifted. health emergency is lifted.
45 Email communication with USDA, FNS, October 2020. Congressional Research Service Congressional Research Service

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~~Funds in the CARES Act~~
~~The CARES Act provided $15.8 bil ion for the SNAP account. This includes $15.5 bil ion in~~
~~contingency reserve for SNAP participation should earlier budget estimates be exceeded.~~
~~According to information provided by FNS, the $15.5 bil ion contingency was al obligated in~~
~~FY2020. The funds were primarily used to support providing the emergency al otments,~~
~~authorized in FFCRA, to SNAP households.42~~
Funds in the FY2021 Consolidated Appropriations Act and ARPA
  State administrative expenses. State administrative costs are . State administrative costs are ~~typical y~~typically shared shared
50/50 between SNAP state agencies and the federal government. P.L. 116-260 50/50 between SNAP state agencies and the federal government. P.L. 116-260
provided $100 provided $100 ~~mil ion~~ million in federal funding for FY2021.in federal funding for FY2021.4346 This is 100% federal This is 100% federal
funding and does not require a match. The provision funding and does not require a match. The provision ~~al ocates~~allocates the funds the funds
according to a formula that considers primarily the state’s share of SNAP according to a formula that considers primarily the state’s share of SNAP
households and secondarily the increase in the state’s SNAP participation over 12 households and secondarily the increase in the state’s SNAP participation over 12
months. ARPA added $1.15 months. ARPA added $1.15 ~~bil ion~~ billion to this funding.to this funding.4447 The funding is to be The funding is to be
obligated in FY2021, FY2022, and FY2023. obligated in FY2021, FY2022, and FY2023.
  Additional assistance for SNAP online purchasing and technological
improvements..4548 Prior to the pandemic, FNS had begun to pilot online Prior to the pandemic, FNS had begun to pilot online
redemption of SNAP benefits. In the first months of the pandemic, FNS redemption of SNAP benefits. In the first months of the pandemic, FNS
expanded the number of states able to participate in the pilot; for most of 2020, expanded the number of states able to participate in the pilot; for most of 2020,
large national retailers were able to take part. P.L. 116-260 provided $5 large national retailers were able to take part. P.L. 116-260 provided $5 ~~mil ion~~ million to to
be splitbe split among three purposes: (1) additional support for FNS to test systems and among three purposes: (1) additional support for FNS to test systems and
provide technical assistance to retailers; (2) cooperative agreements or grants to provide technical assistance to retailers; (2) cooperative agreements or grants to
provide assistance to direct-marketing farmers and farmers’ markets; and (3) provide assistance to direct-marketing farmers and farmers’ markets; and (3)
issuance innovation and technology improvement support (this includes issuance innovation and technology improvement support (this includes
development work regarding the mobile technologies projects authorized by the development work regarding the mobile technologies projects authorized by the
2014 farm 2014 farm ~~bil~~ bill and testing methods to modernize EBT).and testing methods to modernize EBT).4649 ARPA provided $25 ARPA provided $25
~~mil ion~~ million to USDA, availableto USDA, available through FY2026, for four purposes: (1) to make through FY2026, for four purposes: (1) to make
technological improvements to SNAP online purchasing, (2) to modernize EBT technological improvements to SNAP online purchasing, (2) to modernize EBT
technology, (3) to support mobile technology projects, and (4) to provide technology, (3) to support mobile technology projects, and (4) to provide
specified technical assistance to retailers. specified technical assistance to retailers.
  Gus Schumacher Nutrition Incentive Program (GuSNIP)..4750 This program, This program,
administered by USDA’s National Institute of Food and Agriculture (NIFA), administered by USDA’s National Institute of Food and Agriculture (NIFA),
provides grants for SNAP bonus incentive projects as provides grants for SNAP bonus incentive projects as ~~wel~~ well as fruit and vegetable as fruit and vegetable
prescription programs. P.L. 116-260 provided an additional $75 prescription programs. P.L. 116-260 provided an additional $75 ~~mil ion~~ million for for
GuSNIP, which USDA is authorized to use to reduce grantees’ match rate, waive GuSNIP, which USDA is authorized to use to reduce grantees’ match rate, waive
maximum grant amounts, and provide additional funding to ongoing grants. maximum grant amounts, and provide additional funding to ongoing grants.

~~42 Email communication with USDA, FNS, October 2020.~~
~~43 P.L. 116-260, Division N, T itle VII, §702(c).~~
44 Nutrition Assistance Funding for Certain Territories Puerto Rico, American Samoa, and the Northern Mariana Islands, do not operate a SNAP program. Instead, they operate programs funded by Nutrition Assistance Program block grants in 46 P.L. 116-260, Division N, Title VII, §702(c). 47 P.L. 117-2, §1101(b). For state-by-state allocations of ARPA funding, see USDA, FNS, Supplemental Nutrition Assistance Program (SNAP) – Disbursement of SNAP State Administrative Expense Funding Provided by American Rescue Plan of 2021, Memo to All SNAP State Agencies and All Regions, April 29, 2021, https://www.fns.usda.gov/snap/administrative-funding-allocations-american-rescue-plan-act-2021. 48 ~~P.L. 117-2, §1101(b).~~
45 P.L. 116-260, Division N, P.L. 116-260, Division N, ~~T itle~~Title VII, §703; P.L. 117-2, §1102. VII, §703; P.L. 117-2, §1102.
46For background and current retailers authorized for online purchasing, see USDA, FNS, “SNAP: Stores Accepting SNAP Online,” available at https://www.fns.usda.gov/snap/online-purchasing-pilot. 49 Of the $5 million, no more than $1 million may be used Of the $5 million, no more than $1 million may be used for the first purpose and no more than $1 million may be for the first purpose and no more than $1 million may be
usedused for the second purpose. for the second purpose.
4750 P.L. 116-260, Division N, P.L. 116-260, Division N, ~~T itle~~Title VII, §755. For program background, see VII, §755. For program background, see ~~CRS~~ CRS Report R46538, Report R46538, Local and Urban
Food ~~System s~~Systems: Selected Farm Bill and Other Federal ~~Program s~~Programs. .
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~~Nutrition Assistance Funding for Certain Territories~~
~~Puerto Rico, American Samoa, and the Northern Mariana Islands, do not operate a SNAP~~
~~program. Instead, they operate programs funded by Nutrition Assistance Program block grants in~~
~~lieu of SNAP.48~~lieu of SNAP.51 Whereas SNAP is open-ended mandatory spending and can expand and contract Whereas SNAP is open-ended mandatory spending and can expand and contract
with economic need, these block grants are limited in their spending without supplemental with economic need, these block grants are limited in their spending without supplemental
appropriations. The SNAP policies that expand eligibilityappropriations. The SNAP policies that expand eligibility or increase benefit amounts do not or increase benefit amounts do not
apply to these territories—they apply to the states or territories that operate SNAP. apply to these territories—they apply to the states or territories that operate SNAP.
FFCRA provided $100 FFCRA provided $100 ~~mil ion~~ million for grants to these territories for nutrition assistance “in response for grants to these territories for nutrition assistance “in response
to a COVID-19 public health emergency.”to a COVID-19 public health emergency.”49
52 The CARES Act provided $200 The CARES Act provided $200 ~~mil ion~~ million for these territories’ nutrition programs.for these territories’ nutrition programs.
The FY2021 Continuing Appropriations Act did not provide additional funding to the nutrition The FY2021 Continuing Appropriations Act did not provide additional funding to the nutrition
assistance block grants. However, it did expand the definition of assistance block grants. However, it did expand the definition of state in the Pandemic Electronic in the Pandemic Electronic
BenefitBenefit Transfer (P-EBT) program. Until this change, only jurisdictions operating SNAP had Transfer (P-EBT) program. Until this change, only jurisdictions operating SNAP had
been authorized and funded to operate the program (P-EBT is discussed further in the next been authorized and funded to operate the program (P-EBT is discussed further in the next
section).section).
The FY2021 Consolidated Appropriations Act provided $614 The FY2021 Consolidated Appropriations Act provided $614 ~~mil ion~~ million for USDA to fund nutrition for USDA to fund nutrition
assistance in response to a COVID-19 public health emergency.assistance in response to a COVID-19 public health emergency.5053 The funds are available through The funds are available through
FY2021, and $14 FY2021, and $14 ~~mil ion~~ million is set aside for the Commonwealth of the Northern Mariana Islands. is set aside for the Commonwealth of the Northern Mariana Islands.
ARPA provided an additional ARPA provided an additional ~~$1 bil ion,~~ $1 billion, with $30 with $30 ~~mil ion~~ million set aside for Commonwealth of the set aside for Commonwealth of the
Northern Mariana Islands.Northern Mariana Islands.5154
Pandemic Electronic Benefit Transfer (P-EBT)
FFCRA established the new P-EBT program, and subsequent laws extended and expanded it. FFCRA established the new P-EBT program, and subsequent laws extended and expanded it.
According to USDA-FNS data, the program issued benefits to an average of 6.9 According to USDA-FNS data, the program issued benefits to an average of 6.9 ~~mil ion~~ million people people
per month in March through September 2020 and cost $10.7 per month in March through September 2020 and cost $10.7 ~~bil ion.52~~billion. Under expanded eligibility rules, including summer eligibility, in FY2021, the program issued benefits to an estimated 8.8 million people, on average, per month and cost $28.2 billion.55
Establishment of P-EBT
FFCRA created P-EBT as an option for states to provide a SNAP-like benefit, when a school is FFCRA created P-EBT as an option for states to provide a SNAP-like benefit, when a school is
closed five or more days, to households with children who would have received free or reduced-closed five or more days, to households with children who would have received free or reduced-
price school meals if not for the closure.price school meals if not for the closure.5356 The new program was The new program was ~~initial y~~initially authorized to operate authorized to operate
until September 30, 2020, though it was later extended.until September 30, 2020, though it was later extended.54

4857 51 For program history, see Anne Peterson, Bryan Johnson, and Benjamin E. Moulton et al., For program history, see Anne Peterson, Bryan Johnson, and Benjamin E. Moulton et al., Implementing
~~Supplem ental~~Supplemental Nutrition Assistance Program in Puerto Rico: A Feasibility Study , USDA,, USDA, FNS,FNS, June 2010, pp. 7-16, June 2010, pp. 7-16,
https://www.fns.usda.gov/snap/implementing-supplemental-nutrition-assistance-program-puerto-rico-feasibility-study. https://www.fns.usda.gov/snap/implementing-supplemental-nutrition-assistance-program-puerto-rico-feasibility-study.
4952 P.L. 116-127, Division A, P.L. 116-127, Division A, ~~T itle~~Title I, §1102. I, §1102.
5053 P.L. 116-260, Division N, P.L. 116-260, Division N, ~~T itle~~Title VII, §704. VII, §704.
5154 P.L. 117-2, §1103. P.L. 117-2, §1103.
5255 USDA, USDA, ~~FNS, Keydata Report (~~ FNS, September 2020 September 2020 ~~data)~~Keydata Report, available at https://www.fns.usda.gov/data/january-keydata-, available at https://www.fns.usda.gov/data/january-keydata-
~~report -september-2020-data.~~
~~53 P.L. 116-127, Division A, T itle I, Section 1101.~~
~~54 T his program was last available in FY2010 (during~~ report-september-2020-data. USDA, FNS, October 2021 Keydata Report, available at https://www.fns.usda.gov/data/october-2021-keydata-report. P-EBT benefits are typically issued for multiple months at one issuance and are often issued retroactively, so some FY2022 issuances, for instance, could be for FY2021 months’ eligibility and a participant may have benefits for a given month though they did not receive an issuance in that month. 56 P.L. 116-127, Division A, Title I, Section 1101. 57 This program was last available in FY2010 (during the H1N1 flu pandemic), having been enacted in an FY2010 the H1N1 flu pandemic), having been enacted in an FY2010
appropriations law (P.L. 111-80, §746). It was called Pappropriations law (P.L. 111-80, §746). It was called P -SNAP in agency guidance-SNAP in agency guidance ~~at t hat~~ at that time. However, unlike what is time. However, unlike what is
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The benefit amount is equal to at least five days of free meal reimbursements per week. The The benefit amount is equal to at least five days of free meal reimbursements per week. The
Trump Administration authorized this minimum five-day amount. The Biden Administration Trump Administration authorized this minimum five-day amount. The Biden Administration ~~has~~
~~announced that it wil increase P-EBT benefit amounts by 15%.55 January 29, 2021, guidance~~
~~shows that the current Administration achieves this increase~~increased P-EBT benefit amounts by 15% by including the cost of a free snack by including the cost of a free snack
reimbursement, raising the daily rate to $6.82 in the contiguous states.reimbursement, raising the daily rate to $6.82 in the contiguous states.56
58 Like SNAP, households can use these benefits to purchase groceries at SNAP-authorized retailers. Like SNAP, households can use these benefits to purchase groceries at SNAP-authorized retailers.
FFCRA authorized this program for FY2020. FNS’s guidance on the program answers a variety FFCRA authorized this program for FY2020. FNS’s guidance on the program answers a variety
of questions about program operations.of questions about program operations.5759 In order to identify eligible In order to identify eligible children and issue benefits, children and issue benefits,
the P-EBT program is the P-EBT program is ~~typical y~~typically administered as a partnership between a state’s SNAP and child administered as a partnership between a state’s SNAP and child
nutrition agencies. nutrition agencies.
FFCRA authorized and appropriated open-ended funding for P-EBT. FNS interpreted the FFCRA authorized and appropriated open-ended funding for P-EBT. FNS interpreted the
provision as funding 100% of P-EBT benefits and 50% of state administrative costs.provision as funding 100% of P-EBT benefits and 50% of state administrative costs.~~58 As~~
~~established, the program was only open to jurisdictions operating SNAP.~~60 As of July 10, 2020, 50 As of July 10, 2020, 50
states, the District of Columbia, and the U.S. Virgin Islands were approved to operate P-EBT in states, the District of Columbia, and the U.S. Virgin Islands were approved to operate P-EBT in
school year 2019-2020.school year 2019-2020.5961
P-EBT Extension and Expansion
Though the program expired September 30, 2020, it was extended shortly thereafter in the Though the program expired September 30, 2020, it was extended shortly thereafter in the
FY2021 Continuing Appropriations Act.FY2021 Continuing Appropriations Act.6062 This law This law ~~original y~~ originally extended the program through extended the program through
FY2021, and then ARPA removed date limits to the program, instead authorizing P-EBT for any FY2021, and then ARPA removed date limits to the program, instead authorizing P-EBT for any
school year in which there is a COVID-19 public health emergency declaration.school year in which there is a COVID-19 public health emergency declaration.6163 ARPA also ARPA also
amended the program to amended the program to ~~al ow~~allow operation during summer months. operation during summer months.
Among other changes, the FY2021 Continuing Appropriations Act expanded the program to Among other changes, the FY2021 Continuing Appropriations Act expanded the program to
include include
 schools with reduced attendance hours due to the pandemic (expanding the  schools with reduced attendance hours due to the pandemic (expanding the
program beyond only closed schools); and program beyond only closed schools); and

~~happening during~~  children in SNAP households enrolled in child care facilities affected by pandemic closures and reduced hours, as specified in the law. happening during the current pandemic, no SNAP state agencies ever administered Pthe current pandemic, no SNAP state agencies ever administered P -SNAP. -SNAP.
~~55 T he~~ 58 The White House, “Fact Sheet: President Biden’s New White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American Executive Actions Deliver Economic Relief for American
FamiliesFamilies and Businessesand Businesses Amid the COVID-19 Crises,”Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/press release, January 22, 2021, https://www.whitehouse.gov/
briefing-room/statements-releases/2021/01/22/fact-sheet-presidentbriefing-room/statements-releases/2021/01/22/fact-sheet-president -bidens-new-executive-actions-deliver-economic--bidens-new-executive-actions-deliver-economic-
relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “ Biden Biden
Administration Expands PAdministration Expands P -EBT-EBT to Benefit Millions of Low-Income and Food Insecure Children Duringto Benefit Millions of Low-Income and Food Insecure Children During Pandemic: Pandemic:
USDAUSDA ~~Says~~ Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments
to States and Update to States and Update ~~T hrifty~~Thrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news- Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-
item/usda-001521item/usda-001521.
56; and Jessica Jessica Shahin and Cindy Long, Shahin and Cindy Long, Pandemic EBT - State Plans for 2020-2021, USDA, FNS,, USDA, FNS, ~~Memo t o~~ Memo to SNAP State SNAP State
~~Agencies~~ Agencies and Childand Child Nutrition State Agencies, January 29, 2021, https://www.fns.usda.gov/sites/default/files/resource-Nutrition State Agencies, January 29, 2021, https://www.fns.usda.gov/sites/default/files/resource-
files/Pandemic%20EBTfiles/Pandemic%20EBT %20%E2%80%93%20State%20Plans%20for%202020-2021%%20%E2%80%93%20State%20Plans%20for%202020-2021%~~20Schools%20and%20~~
~~Child~~20Schools%20and%20Child%20Care%20January%202021%20Attachment%202%20Template.pdf. Guidance allows%20Care%20January%202021%20Attachment%202%20Template.pdf. Guidance allows states to increase states to increase
benefits retroactively for school year 2020benefits retroactively for school year 2020 -2021. -2021.
~~57 See FNS guidance~~ 59 See FNS guidance at https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt. at https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt.
5860 See See USDA,USDA, FNS,FNS, Pandemic EBTPandemic EBT (P (P-EBT-EBT ) Questions and Answers,) Questions and Answers, April 15, 2020. April 15, 2020.
~~59 Guam is~~ 61 FNS has interpreted the FFCRA provision, as originally enacted, as only applying to SNAP jurisdictions. Guam is the only SNAP-operating jurisdiction that had not been approved. Puerto Rico, American Samoa, and the the only SNAP-operating jurisdiction that had not been approved. Puerto Rico, American Samoa, and the
Northern Mariana Islands receive block grants for nutrition assistance in lieu of SNAP.Northern Mariana Islands receive block grants for nutrition assistance in lieu of SNAP. ~~FNS has interpreted the FFCRA~~
~~provision, as originally enacted, as only applying to SNAP jurisdictions.~~
60 62 P.L. 116-159, Division D, P.L. 116-159, Division D, ~~T itle~~Title VI, Section 4601. VI, Section 4601.
6163 P.L. 117-2, §1108, amending P.L. 116-127, §1101. P.L. 117-2, §1108, amending P.L. 116-127, §1101.
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~~ children in SNAP households enrolled in child care facilities affected by~~
~~pandemic closures and reduced hours, as specified in the law.~~
The FY2021 Continuing Appropriations Act also amended the definition of The FY2021 Continuing Appropriations Act also amended the definition of state in the P-EBT in the P-EBT
provisions to include Puerto Rico, American Samoa, and the Northern Mariana Islands. ARPA provisions to include Puerto Rico, American Samoa, and the Northern Mariana Islands. ARPA
elaborated that young children participating in these programs are also eligibleelaborated that young children participating in these programs are also eligible for the child care for the child care
expansion. expansion.
Following the initial Following the initial extension and expansion of the program, the FY2021 Consolidated extension and expansion of the program, the FY2021 Consolidated
Appropriations Act included program flexibilitiesAppropriations Act included program flexibilities to simplify administration of the potential to simplify administration of the potential
expansions beyond closed schools and to young children.expansions beyond closed schools and to young children.6264 The law The law ~~al ows~~allows states to deem states to deem
children under six years old in households receiving SNAP benefits as enrolled in covered child children under six years old in households receiving SNAP benefits as enrolled in covered child
care facilities. Also, the law care facilities. Also, the law ~~al ows~~allows for states to use “best feasibly available” for states to use “best feasibly available” data to determine data to determine
school closures and reduced attendance. The Biden Administration published guidance for state school closures and reduced attendance. The Biden Administration published guidance for state
plans, including guidance for implementing the expanded options for the FY2021 Consolidated plans, including guidance for implementing the expanded options for the FY2021 Consolidated
Appropriations Act.Appropriations Act.6365
As of As of ~~August 5~~November 16, 2021, according to the FNS website, , 2021, according to the FNS website, 4950 states, states, American Samoa, the District of Columbia (DC), the District of Columbia (DC),
Guam, Puerto Rico, the Northern Mariana Islands, Puerto Rico, the Northern Mariana Islands, ~~Puerto Rico,~~ and the U.S. Virgin Islands were and the U.S. Virgin Islands were
approved to operate P-EBT for school year 2020-2021. approved to operate P-EBT for school year 2020-2021. ~~Thirty-five states, DC, and Puerto Rico~~
~~have been approved to operate Summer P-EBT.64~~Forty-six states, American Samoa, DC, Puerto Rico, and the U.S. Virgin Islands have been approved to operate Summer P-EBT. As of February 22, 2022, 16 states were approved to operate P-EBT for school year 2021-2022.66
Child Nutrition Programs
The federal child nutrition programs include the National School Lunch Program (NSLP) and The federal child nutrition programs include the National School Lunch Program (NSLP) and
School Breakfast Program (SBP) (together, the School Breakfast Program (SBP) (together, the school meals programs), the Summer Food ), the Summer Food
Service Program (SFSP) and Seamless Summer Option (SSO) (together, the Service Program (SFSP) and Seamless Summer Option (SSO) (together, the summer meals
programs), and the Child and Adult Care Food Program (CACFP), among others.), and the Child and Adult Care Food Program (CACFP), among others.6567 The pandemic The pandemic
response for these programs has included an expansion of USDA’s ability to waive child nutrition response for these programs has included an expansion of USDA’s ability to waive child nutrition
program requirements, the temporary ability for providers to serve free meals to program requirements, the temporary ability for providers to serve free meals to ~~al c hildren~~all children, and , and
a new program to cover financial losses for meal providers. a new program to cover financial losses for meal providers.
Overview of Changes to Existing Programs and Waiver Authorities
When schools started closing in March 2020 due to the COVID-19 pandemic, many school When schools started closing in March 2020 due to the COVID-19 pandemic, many school
districts and nonprofit organizations began operating the summer meals programs, which, per districts and nonprofit organizations began operating the summer meals programs, which, per
existing program regulations and guidance, could operate during “unanticipated school closures” existing program regulations and guidance, could operate during “unanticipated school closures”
between October and April with state agency approval (USDA subsequently waived this between October and April with state agency approval (USDA subsequently waived this

~~62 P.L. 116-260, Division N, T itle VII, §721.~~
~~63 Resources available at USDA, FNS, “State Guidance on Coronavirus Pandemic EBT (P -EBT~~ requirement for school year 2020-2021, enabling the summer meal programs to operate 64 P.L. 116-260, Division N, Title VII, §721. 65 Resources available at USDA, FNS, “State Guidance on Coronavirus Pandemic EBT (P-EBT),” ),”
https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt. https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt.
6466 Ibid. Ibid.
~~65 For background on child nutrition programs, see CRS~~ School year 2020-2021 and summer 2021 information available at https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt-schools. 67 For background on child nutrition programs, see CRS Report R46234, Report R46234, School Meals and Other Child Nutrition
~~Program s~~Programs: Background and Funding. .
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~~requirement for school year 2020-2021).66~~regardless of a school’s closure status).68 Other school districts continued operating the school Other school districts continued operating the school
meals programs, which USDA clarified could operate during periods of virtual learning.meals programs, which USDA clarified could operate during periods of virtual learning.6769
Also starting in March 2020, USDA issued waivers of certain child nutrition program Also starting in March 2020, USDA issued waivers of certain child nutrition program
requirements in response to the pandemic. For example, one of the first waivers USDA issued requirements in response to the pandemic. For example, one of the first waivers USDA issued
was to suspend the requirement that children consume meals in group settings.was to suspend the requirement that children consume meals in group settings.6870 USDA issued USDA issued
some of these initialsome of these initial waivers using authority under Section 12(l) of the Richard B. waivers using authority under Section 12(l) of the Richard B. ~~Russel~~
Russell National School Lunch Act (codified at 42 U.S.C. §1760(l)), which gives USDA the authority to National School Lunch Act (codified at 42 U.S.C. §1760(l)), which gives USDA the authority to
approve waiver requests from state agencies and institutions on a case-by-case basis.approve waiver requests from state agencies and institutions on a case-by-case basis.69
~~On March 11~~71 Enacted on March 18, 2020, FFCRA expanded the types of child nutrition program waivers that USDA is , 2020, FFCRA expanded the types of child nutrition program waivers that USDA is
~~al owed~~allowed to issue during the pandemic: to issue during the pandemic:
 Section 2102 of FFCRA  Section 2102 of FFCRA ~~al ows~~allows USDA to grant waivers that increase federal costs USDA to grant waivers that increase federal costs
for the purpose of providing meals and snacks during a COVID-19 pandemic- for the purpose of providing meals and snacks during a COVID-19 pandemic-
related school closure. There is no specific expiration date for this authority.related school closure. There is no specific expiration date for this authority. However, USDA has not used this authority to grant recent waivers.72
 Section 2202 of FFCRA  Section 2202 of FFCRA ~~al ows~~allows USDA to issue waivers on a nationwide (rather USDA to issue waivers on a nationwide (rather
than individual than individual state or provider) basis, state or provider) basis, ~~al ows~~allows USDA to waive nutritional USDA to waive nutritional
requirements in child nutrition programs if there is a food “supply chain requirements in child nutrition programs if there is a food “supply chain
disruption” due to the COVID-19 pandemic, and specifies that USDA may grant disruption” due to the COVID-19 pandemic, and specifies that USDA may grant
waivers to waivers to ~~al ow~~allow non-congregate feeding in CACFP. The non-congregate feeding in CACFP. The ~~waiver authority under~~
authority to issue waivers under Section 2202 was Section 2202 was ~~original y~~originally set to expire on September 30, 2020, but was set to expire on September 30, 2020, but was
extended by the FY2021 Continuing Appropriations Act extended by the FY2021 Continuing Appropriations Act (through September 30, through September 30,
~~2021.70~~
~~USDA has used the authority under~~ 2021) and the FY2022 Extending Government Funding and Delivering Emergency Assistance Act (through June 30, 2022), with the restriction that such waivers apply only to school year 2021-2022.73 These extensions also provided open-ended funding for such waivers (discussed below). USDA has used the authority under Section 2202 of FFCRA to issue a number of waivers during the pandemic.FFCRA to issue a number of waivers during the pandemic.71
74 One of these—the One of these—the area eligibility waiver— waiver—~~al ows~~allowed school districts and nonprofits to serve free school districts and nonprofits to serve free
meals to meals to al all children (without eligibilitychildren (without eligibility determinations) determinations) in school year 2020-2021 through the Summer Food Service through the Summer Food Service
Program (SFSP) and Seamless Summer Option Program (SFSP) and Seamless Summer Option ~~(SSO) (which is normal y only al owed in areas~~
~~where at least 50% of children qualify for F/RP meals).72 The Trump Administration made this~~

~~66 For SFSP~~ 68 For SFSP periods of operation, see, for example, 7 C.F.R. §§225.6(b)(4) and 225.14(a). For SSOperiods of operation, see, for example, 7 C.F.R. §§225.6(b)(4) and 225.14(a). For SSO periods of periods of
operation, see USDA,operation, see USDA, FNS,FNS, “Comparison of Programs: SFSP/NSLP/Seamless“Comparison of Programs: SFSP/NSLP/Seamless Option,” January 22, 2015, https://fns-Option,” January 22, 2015, https://fns-
prod.azureedge.net/sites/default/files/SFSP_SeamlessComparisonChart.pdf.prod.azureedge.net/sites/default/files/SFSP_SeamlessComparisonChart.pdf. If a school meets the definition of having a If a school meets the definition of having a
continuous school calendar (7 C.F.R. §225.2), then SFSP or SSO (7 C.F.R. §225.2), then SFSP or SSO may be operated duringmay be operated during an unanticipated school an unanticipated school
closure at any time of the year with state agency approval. closure at any time of the year with state agency approval. ~~T he~~The summer meal programs normally operate between May summer meal programs normally operate between May
and September for children on school vacation. USDA, FNS,and September for children on school vacation. USDA, FNS, “ “Nationwide Waiver to AllowNationwide Waiver to Allow ~~SFSP~~ SFSP and Seamless and Seamless
SummerSummer Option Operations through SY 2020Option Operations through SY 2020 -2021–Extension,” October 9, 2020, https://www.fns.usda.gov/cn/covid--2021–Extension,” October 9, 2020, https://www.fns.usda.gov/cn/covid-
19-response-59. 19-response-59.
67 69 USDA, USDA, FNS,FNS, “ “COVID-19 Congregate Meal Waivers & Q&As on SummerCOVID-19 Congregate Meal Waivers & Q&As on Summer ~~Meal Deliv ery Using~~ Meal Delivery Using Existing Existing
Authority,” April 4, 2020, https://www.fns.usda.gov/sfsp/covid-19/covid-19-meal-delivery. Authority,” April 4, 2020, https://www.fns.usda.gov/sfsp/covid-19/covid-19-meal-delivery.
6870 Ibid. Ibid.
6971 Section 12(l) prohibits certain types of waivers, including Section 12(l) prohibits certain types of waivers, including ~~waivers~~ waivers that increase federal costs, relate to the nutritional that increase federal costs, relate to the nutritional
content of meals served, and/or relate to the provision of free and reducedcontent of meals served, and/or relate to the provision of free and reduced price meals. price meals.
70 72 CRS correspondence with FNS on February 28, 2022. 73 P.L. 116-159, Division D, P.L. 116-159, Division D, ~~T itle VI, §4602(a).~~
71Title VI, §4602(a); P.L. 117-43, Division D, Title I, §3102. 74 For a list of child nutrition program waivers that USDA For a list of child nutrition program waivers that USDA has issuedhas issued ~~during~~ during the pandemic, seethe pandemic, see ~~USDA FNS, “~~ USDA FNS, “Child Child
Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-responds-covid-19/Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-responds-covid-19/
child-nutrition-covid-19-waivers. child-nutrition-covid-19-waivers.
~~72 USDA, FNS, “COVID–19: Child Nutrition Response #77,” FNS-GD-2021-0017, March 9, 2021,~~
~~https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-77.~~
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(SSO) (which is normally only allowed in areas where at least 50% of children qualify for F/RP meals).75 USDA under the Trump Administration made this option available to all ~~option available to al~~ states starting on May 6, 2020, and continued the option through school states starting on May 6, 2020, and continued the option through school
year 2020-2021.year 2020-2021.73
76 For school year 2021-2022, For school year 2021-2022, USDA under the Biden Administration announced that school districts in states that the Biden Administration announced that school districts in states that
opt into the waiver may choose to operate under a different policy; opt into the waiver may choose to operate under a different policy; ~~specifical y~~specifically, they may choose , they may choose
to operate SSO through June 30, 2022, serve free meals to to operate SSO through June 30, 2022, serve free meals to al all children without eligibility children without eligibility
determinations, and receive the higher SFSP reimbursement rates.determinations, and receive the higher SFSP reimbursement rates.74 77 School districts are not School districts are not
required to participate under the SSO waiver, and may instead choose to operate NSLP and/or required to participate under the SSO waiver, and may instead choose to operate NSLP and/or
SBP, which require eligibilitySBP, which require eligibility determinations for F/RP meals. School districts that choose to determinations for F/RP meals. School districts that choose to
operate NSLP/SBP in school year 2021-2022 operate NSLP/SBP in school year 2021-2022 ~~wil~~ receive the NSLP/SBP receive the NSLP/SBP reimbursement rates. (USDA subsequently raised reimbursement rates for all school districts, discussed in the “Supplemental Funding for Child Nutrition Programs” section.) ~~reimbursement rates.~~
USDA has also issued national waivers of requirements that meals be served at certain times of USDA has also issued national waivers of requirements that meals be served at certain times of
day, rules that meals be served to children (enabling parents/guardians to pick up meals), and day, rules that meals be served to children (enabling parents/guardians to pick up meals), and
nutritional requirements for meals, among nutritional requirements for meals, among ~~issuing~~ other waivers.other waivers.7578 Many of these waivers have Many of these waivers have
pertained to multiple child nutrition programs. pertained to multiple child nutrition programs.
Supplemental Funding for Child Nutrition Programs
In addition to policy changes, the COVID-19 pandemic response laws have provided In addition to policy changes, the COVID-19 pandemic response laws have provided
supplemental funding for child nutrition programs. In March 2020, the CARES Act provided an supplemental funding for child nutrition programs. In March 2020, the CARES Act provided an
$8.8 $8.8 ~~bil ion~~ billion supplemental appropriation for these programs.supplemental appropriation for these programs.~~76 FNS al ocated~~79 FNS allocated CARES Act funds to CARES Act funds to
states in proportion to their share of total child nutrition program reimbursements in the prior states in proportion to their share of total child nutrition program reimbursements in the prior
~~year.77 States spent $7.0 bil ion of such funds on meal reimbursements in FY2020 and carried~~
~~over approximately $1.8 bil ion into FY2021.78 In addition~~year.80 Subsequently, the FY2021 Continuing , the FY2021 Continuing
Appropriations Act provided “such sums as may be necessary” for child nutrition waivers issued Appropriations Act provided “such sums as may be necessary” for child nutrition waivers issued
~~under Section 2202 of FFCRA.79~~
~~New Program to Cover Financial Losses of School District and~~
~~Child Care Meal Providers~~
~~The FY2021 Consolidated Appropriations Act provided “such sums as are necessary” for a~~
~~program to cover financial losses experienced by some child nutrition program providers during~~

~~73 USDA, FNS,~~ under Section 2202 of FFCRA through September 30, 2021.81 The FY2022 Extending Government Funding Act extended the availability of this funding through June 30, 2022, for waivers that apply to the 2021-2022 school year. USDA had not used these funding sources as of the cover date of this report.82 75 USDA, FNS, “COVID–19: Child Nutrition Response #77,” FNS-GD-2021-0017, March 9, 2021, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-77. 76 USDA, FNS, “Nationwide Waiver to Extend Area Eligibility Waivers–Extension 3,” October 9, 2020, “Nationwide Waiver to Extend Area Eligibility Waivers–Extension 3,” October 9, 2020,
https://www.fns.usda.gov/cn/covid-19-response-60; and USDA,https://www.fns.usda.gov/cn/covid-19-response-60; and USDA, FNS,FNS, “ “COVID–19: ChildCOVID–19: Child Nutrition Response #73,” Nutrition Response #73,”
FNS-GD-2021-0013, March 9, 2021, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-73. FNS-GD-2021-0013, March 9, 2021, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-73.
7477 CRS CRS communication with FNScommunication with FNS ~~in June 2021; USDA, FNS, “Nationwide Waiver to Allow the Seamless Summer~~
~~Option through School Year 2021-2022,” Child Nutrition Response #85, April 20, 2021, https://www.fns.usda.gov/cn/~~
~~child-nutrition-response-85; and~~ in June 2021. For a list of waivers specific to the 2021-2022 school year, see USDA, USDA, FNS, “School Year 2021-22 Waivers and Flexibilities,” https://www.fns.usda.gov/disaster/pandemic/cn-2021-22-waivers-and-flexibilities. For more information about SSO, see CRS ~~FNS, “ Nationwide Waiver to Allow Summer Food Service Program~~
~~Reimbursement Rates in School Year 2021 -2022,” Child Nutrition Response #86, April 20, 2021,~~
~~https://www.fns.usda.gov/cn/child-nutrition-response-86. For more information on SSO’s rules, see CRS~~ In Focus In Focus
IF11633, IF11633, ~~Sum mer~~Summer Meals for Children: An Overview of Federal Aid . .
7578 USDA, USDA, FNS,FNS, “ “Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-
responds-covid-19/child-nutrition-covid-19-waivers. responds-covid-19/child-nutrition-covid-19-waivers.
7679 P.L. 116-136, Division B, P.L. 116-136, Division B, ~~T itle~~Title I. I.
7780 CRS CRS correspondence with FNScorrespondence with FNS in June 2021. 81 P.L. 116-159, Division D, Title VI, §4602(d). According to CRS communication with FNS in August 2021, the agency has not used ~~in June 2021.~~
~~78 USDA, FNS, “FY2022 USDA Explanatory Notes – Food and Nutrition Service,” p. 34-129, https://www.usda.gov/~~
~~sites/default/files/documents/34FNS2022Notes.pdf.~~
~~79 P.L. 116-159, Division D, T itle VI, §4602(d). According to CRS communication with FNS in August 2021, the~~
~~agency has not used~~ this authority to fund waivers in FY2020 or FY2021.this authority to fund waivers in FY2020 or FY2021.
82 CRS correspondence with FNS on February 28, 2022. Congressional Research Service Congressional Research Service

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link to page 22 link to page 22 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic During school year 2021-2022, USDA provided two additional sources of funding for school meals:83  In December 2021, USDA announced it would distribute $1.5 billion in commodity aid through the Commodity Credit Corporation in response to supply chain issues reported by school districts.84 This included $1 billion for school districts to purchase their own foods (limited to “unprocessed and minimally processed domestic food such as fresh fruit, milk, cheese, frozen vegetables and ground meat”), $200 million for states to purchase local foods for distribution to schools, and $300 million for USDA Food purchases.85  In January 2022, USDA announced the annual reimbursement rate adjustment for SFSP, which affects school districts using the SFSP reimbursement rates in school year 2021-2022 (discussed previously in the “Overview of Changes to Existing Programs and Waiver Authorities” section).86 Based on inflation, the SFSP reimbursement rates increased 5.8% starting on January 1, 2022, which USDA estimated would result in roughly $750 million in additional funding for school districts from January to June (however, this amount will likely change based on actual participation).87 Program to Cover Financial Losses of School District and Child Care Meal Providers The FY2021 Consolidated Appropriations Act provided “such sums as are necessary” for a program to cover financial losses experienced by some child nutrition program providers during ~~Assistance Programs: Response to the COVID-19 Pandemic~~

the early months of the pandemic.the early months of the pandemic.~~80 Specifical y~~88 Specifically, the program is to reimburse 27.5% of the , the program is to reimburse 27.5% of the
difference between meal reimbursements in March 2019 and March 2020 and 55% of the difference between meal reimbursements in March 2019 and March 2020 and 55% of the
difference between reimbursements in April, May, and June 2019 and the same months in 2020 difference between reimbursements in April, May, and June 2019 and the same months in 2020
for providers participating in the school meals programs and/or CACFP.for providers participating in the school meals programs and/or CACFP.8189 States may opt in to the States may opt in to the
program and participating state agencies are program and participating state agencies are ~~al owed~~allowed to retain 1% of funds for administrative 83 For a list of estimated funding by state, see USDA, FNS, “Estimated Amount USDA Provided to School Districts to Support Pandemic Operations and Supply Chain Challenges,” January 6, 2022, https://www.fns.usda.gov/cn/total-amount-support-to-school-districts. 84 USDA, “USDA Distributes $1.5 Billion to Strengthen School Meal Program,” December 17, 2021, https://www.usda.gov/media/press-releases/2021/12/17/usda-distributes-15-billion-strengthen-school-meal-program. For an introduction to supply chain issues affecting schools, see, for example, Madeleine Ngo, “No Veggies, No Buns, Few Forks: Schools Scramble to Feed Students Amid Shortages,” New York Times, September 27, 2021, https://www.nytimes.com/2021/09/27/us/politics/schools-labor-supply-shortages.html. 85 Ibid. 86 USDA, FNS, “Summer Food Service Program; 2022 Reimbursement Rates,” 87 Federal Register 1107, January 10, 2022, https://www.federalregister.gov/documents/2022/01/10/2022-00120/summer-food-service-program-2022-reimbursement-rates; USDA, “USDA Announces Increased Funding to Support School Meals and to Help Continue Serving Healthy Meals to Kids,” January 7, 2022, https://www.usda.gov/media/press-releases/2022/01/07/usda-announces-increased-funding-support-school-meals-and-help. 87 USDA, FNS, “Estimated Amount USDA Provided to School Districts to Support Pandemic Operations and Supply Chain Challenges,” January 6, 2022, https://www.fns.usda.gov/cn/total-amount-support-to-school-districts. 88 P.L. 116-260, Division N, Title VII, §722. 89 The program establishes an alternative process for new providers with no reimbursement data for 2019. Congressional Research Service 20 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic ~~to retain 1% of funds for administrative~~
costs. The law required USDA to issue guidance implementing the program within 30 days of costs. The law required USDA to issue guidance implementing the program within 30 days of
enactment.enactment.8290
Temporary Funding for Meals Served to Young Adults at CACFP
Emergency Shelters
ARPA temporarily ARPA temporarily ~~al ows~~allows homeless shelters participating in CACFP to receive federal homeless shelters participating in CACFP to receive federal
reimbursements for meals and snacks served to individuals ages 19 through 24 during the reimbursements for meals and snacks served to individuals ages 19 through 24 during the
COVID-19 public health emergency.COVID-19 public health emergency.~~83 Normal y~~91 Normally, CACFP emergency shelters are reimbursed for , CACFP emergency shelters are reimbursed for
meals and snacks served to children ages 18 and under.meals and snacks served to children ages 18 and under.8492 This policy applies both to emergency This policy applies both to emergency
shelters participating in regular CACFP (for young adults residing at the shelter) and/or the shelters participating in regular CACFP (for young adults residing at the shelter) and/or the
CACFP At-Risk Afterschool component (for young adults residing at or receiving assistance from CACFP At-Risk Afterschool component (for young adults residing at or receiving assistance from
the shelter).the shelter).85
93 Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC)
Supplemental Appropriation
FFCRA provided a $500 FFCRA provided a $500 ~~mil ion~~ million supplemental appropriation, availablesupplemental appropriation, available through FY2021, for WIC. ~~through FY2021, for~~
~~WIC. FNS did not obligate these funds in FY2020 because WIC had an unal ocated balance of~~
~~prior-year unspent funds that could be used to support the program in FY2020.86~~
Waivers
In addition, FFCRA gave USDAIn addition, FFCRA gave USDA further authority to grant waivers further authority to grant waivers ~~al owing~~allowing WIC participants to WIC participants to
get certified (or recertified) without being get certified (or recertified) without being ~~physical y~~physically present at the WIC clinic (which is present at the WIC clinic (which is ~~normal y~~normally
required).required).8794 Waiver requests are to be made by state agencies to USDA. Also, FFCRA authorized Waiver requests are to be made by state agencies to USDA. Also, FFCRA authorized
USDA to grant waivers from program administrative requirements that a state determines “cannot USDA to grant waivers from program administrative requirements that a state determines “cannot

~~80 P.L. 116-260, Division N, T itle VII, §722.~~
~~81 T he program establishes an alternative process for new providers with no reimbursement data for 2019.~~
~~82 USDA, FNS, “ Child Nutrition Program Emergency Operating Costs During COVID-19: Implementation Guidance~~
~~for State Agencies,”~~ be met due to COVID-19” and are “necessary to provide assistance” under WIC.95 USDA’s authority to issue these and the physical presence waivers was initially scheduled to sunset after September 30, 2020. For implementation, USDA provided a wide variety of waiver opportunities to states, including waivers from physical presence and supplemental food package item flexibility. On September 21, 2020 (in advance of the authority’s sunset), USDA announced that it was extending certain waivers for the duration of the public health emergency.96 90 USDA, FNS, “Child Nutrition Program Emergency Operating Costs During COVID-19: Implementation Guidance for State Agencies,” January 26, 2021, https://www.fns.usda.gov/cn/emergency-operating-costs-during-covid-19-January 26, 2021, https://www.fns.usda.gov/cn/emergency-operating-costs-during-covid-19-
implementation-guidance. implementation-guidance.
8391 P.L. 117-2, §1107. P.L. 117-2, §1107.
8492 For more information on CACFP emergency shelters, see USDA, For more information on CACFP emergency shelters, see USDA, FNS,FNS, “Child and Adult“Child and Adult Care Food Program: Care Food Program:
Emergency Shelters,” https://www.fns.usda.gov/cacfp/emergency-shelters. Emergency Shelters,” https://www.fns.usda.gov/cacfp/emergency-shelters.
8593 For more information on CACFP, see CRS For more information on CACFP, see CRS Report R46234, Report R46234, School Meals and Other Child Nutrition Programs:
Background and Funding. .
~~86 CRS correspondence with FNS, October 2020.~~
8794 P.L. 116-127, Division B, Title II, §2203. 95 P.L. 116-127, Division B, P.L. 116-127, Division B, ~~T itle~~Title II, § II, §~~2203.~~
2204. 96 USDA, FNS, “USDA Extends WIC COVID-19 Flexibilities for Duration of the COVID-19 Public Health Congressional Research Service Congressional Research Service

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~~be met due to COVID-19” and are “necessary to provide assistance” under WIC.88 USDA’s~~
~~authority to issue these and the physical presence waivers was initial y scheduled to sunset after~~
~~September 30, 2020.~~
~~For implementation, USDA provided a wide variety of waiver opportunities to states, including~~
~~waivers from physical presence and supplemental food package item flexibility. On September~~
~~21, 2020 (in advance of the authority’s sunset), USDA announced that it was extending certain~~
~~waivers for the duration of the public health emergency.89~~
~~Shortly thereafter, the FY2021 Continuing Appropriations Act included an extension of the~~
~~FFCRA waiver authorities through September 30, 2021, and provided open-ended funding~~
~~authority for the waivers.90~~Shortly thereafter, the FY2021 Continuing Appropriations Act included an extension of the FFCRA waiver authorities through September 30, 2021, and provided open-ended funding authority for the waivers.97 On December 21, 2021, USDA published a preliminary report on waivers granted during the COVID-19 pandemic, with emphasis on the physical presence and remote benefit issuance waivers.98
Task Force
The FY2021 Consolidated Appropriations Act required USDA to establish a task force on The FY2021 Consolidated Appropriations Act required USDA to establish a task force on
supplemental foods delivery in WIC.supplemental foods delivery in WIC.9199 The task force, with certain representations specified, The task force, with certain representations specified, ~~is to~~
was to study measures “to streamline the redemption of supplemental food benefits that promote study measures “to streamline the redemption of supplemental food benefits that promote
convenience, safety, and equitable access.” These include online and telephonic ordering with convenience, safety, and equitable access.” These include online and telephonic ordering with
curbside pickup and payment; and online and telephonic purchasing, home delivery, and self curbside pickup and payment; and online and telephonic purchasing, home delivery, and self
checkout. The task force checkout. The task force iswas required to convey its findings and recommendations to the Secretary required to convey its findings and recommendations to the Secretary
of Agriculture by September 30, 2021of Agriculture by September 30, 2021. and submitted its report on December 9, 2021 (and terminated on that date).100
Temporary Increases to Cash Value Vouchers
Non-infant WIC participants receive a cash value voucherNon-infant WIC participants receive a cash value voucher or cash value benefit (CVV/B), , redeemable for fruits and vegetables, redeemable for fruits and vegetables,
as part of their WIC food package. ARPA authorizes an increase for as part of their WIC food package. ARPA authorizes an increase for ~~these vouchers.92~~the CVV/B.101 Under prior Under prior
regulation, WIC participants receive $9 per month per child and $11 per month for mothers.regulation, WIC participants receive $9 per month per child and $11 per month for mothers.93
102 During the COVID-19 public health emergency, the ARPA provision During the COVID-19 public health emergency, the ARPA provision ~~authorizes~~authorized USDA to USDA to
approve state requests for increasing the approve state requests for increasing the ~~voucher~~CVV/B up to up to a $35 maximum ~~$35~~ for a four-month periodfor a four-month period~~. ARPA~~
~~authorizes and appropriates $490 mil ion~~ ; state increases could only be made for FY2021 benefits.103 ARPA authorized and appropriated $490 million for this purpose, available through for this purpose, available through FY2022. The FY2022 Extending Government Funding Act continued an increase through the first quarter of FY2022 (December 31, 2021), but changed the policy in several key aspects.104 First, as Emergency,” news release, September 21, 2020, https://www.fns.usda.gov/news-item/usda-038020. 97 P.L. 116-159, Division D, Title VI, §4602. 98 USDA, FNS, Changes in WIC Operations During the COVID-19 Pandemic: A First Look at the Impact of Federal Waivers, December 21, 2021, https://www.fns.usda.gov/wic/operations-impact-federal-waivers-during-covid-19-pandemic. “These findings represent a first, high-level look at select survey data collected to fulfill FFCRA WIC waiver reporting requirements. Further reporting, including findings on the impacts of other FFCRA WIC waivers, will be published in a forthcoming report.” 99 P.L. 116-260, Division N, Title VII, §723. 100 Task force membership and the report to Congress are available at https://www.fns.usda.gov/wic/task-force-supplemental-foods-delivery. 101 P.L. 117-2, §1105. 102 See USDA, FNS, ~~FY2022.~~
~~Funding for Program Modernization~~
~~ARPA authorizes and appropriates $390 mil ion for USDA “to carry out outreach, innovation, and~~
~~program modernization efforts, including appropriate waivers and flexibility, to increase~~
~~participation in and redemption of benefits under programs in WIC.” Funds are available through~~
~~FY2024 and waivers are not al owed to WIC food package and nondiscrimination regulations.~~
~~The funding is not contingent on the public health emergency.~~

~~88 P.L. 116-127, Division B, T itle II, §2204.~~
~~89 USDA, FNS, “ USDA Extends WIC COVID-19 Flexibilities for Duration of the COVID-19 Public Health~~
~~Emergency,” news release, September 21, 2020, https://www.fns.usda.gov/news-item/usda-038020.~~
~~90 P.L. 116-159, Division D, T itle VI, §4602.~~
~~91 P.L. 116-260, Division N, T itle VII, §723.~~
~~92 P.L. 117-2, §1105.~~
~~93 See USDA, FNS,~~ Increase in the Cash Value Voucher for Pregnant, Postpartum, and Breastfeeding Women, Memo , Memo
to All State Agencies,to All State Agencies, All Regions, et al., June 25, 2015, https://www.fns.usda.gov/wic/increase-cash-value-voucher-All Regions, et al., June 25, 2015, https://www.fns.usda.gov/wic/increase-cash-value-voucher-
pregnantpregnant ~~-postpartum-and-breastfeeding-women.~~
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~~Food Distribution Programs~~
~~The Emergency Food Assistance Program (TEFAP)~~
~~TEFAP provides federal y purchased foods and administrative funds to states for distribution to~~
~~emergency feeding organizations, including food banks, food pantries, and soup kitchens.94~~
~~In addition to its usual sources of funding,95 TEFAP received additional funding to respond to the~~
~~COVID-19 pandemic under four pandemic response laws:~~
~~ FFCRA provided $400 mil ion for TEFAP, up to $100 mil ion of which can be~~
~~used for food distribution costs, available through FY2021 (September 30,~~
~~2021);96~~
~~ the CARES Act provided $450 mil ion for TEFAP, up to $150 mil ion of which~~
~~can be used for food distribution costs, available through FY2021;97~~
~~ the FY2021 Consolidated Appropriations Act provided a supplemental~~
~~appropriation of $400 mil ion for TEFAP, up to 20% of which ($80 mil ion) can~~
~~be used for food distribution costs, available through FY2021.98 The FY2021~~
~~Consolidated Appropriations Act also provided funding for USDA to, among~~
~~other purposes, “purchase and distribute agricultural products … to individuals in~~
~~need, including through delivery to nonprofit organizations that can receive,~~
~~store, and distribute food items” (available until expended “to prevent, prepare~~
~~for, and respond to coronavirus”).99 Using this authority, USDA al ocated $500~~
~~mil ion for TEFAP as of the date of this report.100~~
~~ ARPA provided funding for USDA to, among other purposes, “purchase and~~
~~distribute agricultural commodities … to individuals in need, including through~~
~~delivery to nonprofit organizations and through restaurants and other food-related~~
~~entities, as determined by the Secretary, that may receive, store, process, and~~
~~distribute food items” (available in FY2021).101 Using this authority, USDA~~
~~al ocated $500 mil ion for TEFAP as of the date of this report.102~~

~~94 For background on T EFAP, see CRS Report R45408,~~ ~~The Emergency Food Assistance Program (TEFAP):~~
~~Background and Funding~~.
~~95 Ibid (see “T able 1. T EFAP Funding, FY2021”).~~
~~96 P.L. 116-127, Division A, T itle I.~~
~~97 P.L. 116-136, Division B, T itle I.~~
~~98 P.L. 116-260, Division N, T itle VII, §711.~~
~~99 P.L. 116-260, Division N, T itle VII, §751.~~
~~100 USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank~~
~~Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-~~
~~healthy-food-food-insecure-americans.~~
~~101 P.L. 117-2, §1001.~~
~~102 USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank~~
~~Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-~~
~~healthy-food-food-insecure-americans.~~
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~~FNS al ocated supplemental FFCRA and CARES Act funds in FY2020 using the state al ocation~~
~~formula specified in TEFAP regulations.103 States carried $197.1 mil ion in FFCRA funds and~~
~~$81.2 mil ion in CARES Act funds over into FY2021.104~~
~~Likewise, the $400 mil ion supplemental appropriation for TEFAP in the FY2021 Consolidated~~
~~Appropriations Act was al ocated according to TEFAP’s state al ocation formula.105 As of the date~~
~~of this report, details on the al ocation of the additional $500 mil ion in FY2021 Consolidated~~
~~Appropriations Act funds and $500 mil ion in ARPA funds that USDA programmed for TEFAP~~
~~are not available. According to a USDA announcement, these funds are intended to support the~~
~~Biden Administration’s “Build Back Better” initiative and wil be used for (1) entitlement food~~
~~purchases, with priority for smal , women-owned, minority-owned, and veteran-owned~~
~~businesses and to continue a fresh produce box initiative announced earlier in the year106; (2)~~
~~cooperative agreements with state and tribal governments or other local entities to purchase local~~
~~and regional foods and foods from social y disadvantaged producers; and (3) infrastructure grants~~
~~for emergency feeding organizations, with an emphasis on those in “underserved communities~~
~~and communities of color.”107~~
~~In addition to al ocating supplemental funding, during the pandemic, FNS has issued guidance~~
~~explaining options that states have under current law to adjust program rules, such as expanding~~
~~eligibility rules for participants and waiving signature requirements for the receipt of TEFAP~~
~~foods.108~~
~~Food Distribution Program on Indian Reservations (FDPIR)~~
~~The CARES Act provided $100 mil ion to the FDPIR, of which $50 mil ion was for facility~~
~~improvements and equipment upgrades and $50 mil ion was for the costs related to additional~~
~~food purchases.~~
~~In FY2020, FNS awarded over $40 mil ion in grants for facility improvements and equipment~~
~~upgrades to 97 Indian Tribal Organizations (ITOs) and state agencies (SAs) that administer~~

~~103 For T EFAP’s state allocation formula, see 7 C.F.R. §251.3(h) or the “State Allocation Formula” section of CRS~~
~~Report R45408, The Em ergency Food Assistance Program (TEFAP): Background and Funding. For USDA’s guidance~~
~~on the distribution of supplemental funds in FY2020, see USDA, FNS, “~~ -postpartum-and-breastfeeding-women. 103 See also USDA, FNS, Implementation of the American Rescue Plan Act of 2021 State Agency Option to Temporarily Increase the Cash-Value Voucher/Benefit for Fruit and Vegetable Purchases, Memo to All State Agencies, All Regions, et al., March 24, 2021, https://www.fns.usda.gov/wic/policy-memorandum-2021-3. 104 P.L. 117-43, Division A, §118. The provision authorizes the funding required for the increase by requiring USDA to apportion WIC account funds at a rate necessary to accommodate the increase. Congressional Research Service 22 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic opposed to ARPA’s creation of a state option, the more recent law required USDA to implement increased CVV/B throughout the program. Second, the amount of the benefit increase changed; rather than a $35 maximum for all, there are now three different increased amounts that vary by participant type. This law required USDA to increase the CVV/B “to an amount recommended by the National Academies of Science, Engineering and Medicine [NASEM] and adjusted for inflation.” USDA has implemented this as $24 for child participants, $43 for pregnant and postpartum women participants, and $47 for fully and partially breastfeeding women participants.105 Funding for Program Modernization ARPA authorized and appropriated $390 million for USDA “to carry out outreach, innovation, and program modernization efforts, including appropriate waivers and flexibility, to increase participation in and redemption of benefits under programs in WIC.” Funds are available through FY2024 and waivers are not allowed to WIC food package and nondiscrimination regulations. The funding is not contingent on the public health emergency. USDA has shared plans for the funds, and has formally requested feedback on a potential Center for WIC Modernization and Delivery.106 Food Distribution Programs The Emergency Food Assistance Program (TEFAP) TEFAP provides federally purchased foods and administrative funds to states for distribution to emergency feeding organizations, including food banks, food pantries, and soup kitchens.107 In addition to its usual sources of funding,108 TEFAP received dedicated funding to respond to the COVID-19 pandemic under three pandemic response laws (all of which had to be obligated by September 30, 2021):  FFCRA provided $400 million for TEFAP, up to $100 million of which can be used for food distribution costs;109  the CARES Act provided $450 million for TEFAP, up to $150 million of which can be used for food distribution costs;110 105 USDA, FNS, Implementation of the Extending Government Funding and Delivering Emergency Assistance Act Temporary Increase in the CVV Benefit for Fruit and Vegetable Purchases, Memo to All State Agencies, All Regional Offices, October 6, 2021, https://www.fns.usda.gov/wic/extending-government-funding-and-delivering-emergency-assistance. 106 See USDA, FNS, The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) and WIC Farmers’ Market Nutrition Program (WIC FMNP) Outreach, Innovation, and Program Modernization Strategy, Memo to All State Agencies, September 29, 2021, https://www.fns.usda.gov/wic/outreach-innovation-and-program-modernization; USDA, FNS, “Request for Information: Center for WIC Modernization and Delivery,” 86 Federal Register 6172, November 8, 2021. 107 For background on TEFAP, see CRS Report R45408, The Emergency Food Assistance Program (TEFAP): Background and Funding. 108 Ibid (see “Table 1. TEFAP Funding, FY2021”). 109 P.L. 116-127, Division A, Title I. 110 P.L. 116-136, Division B, Title I. Congressional Research Service 23 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic  the FY2021 Consolidated Appropriations Act provided a supplemental appropriation of $400 million for TEFAP, up to 20% of which ($80 million) can be used for food distribution costs.111 FNS allocated these funds using the state allocation formula specified in TEFAP regulations.112 In addition to this specific funding for TEFAP, USDA used emergency authorities to make additional foods and funds available for TEFAP in FY2022. Using authority under the CARES Act, which provided funding for USDA “to prevent, prepare for, and respond to coronavirus by providing support for agricultural producers,” USDA announced an additional $500 million in entitlement commodity funding (up to $100 million of which may be used for administrative costs) for TEFAP in FY2022.113 States (in consultation with emergency feeding organizations) may use the food funding toward fresh produce boxes (continuing an initiative USDA announced earlier in 2021) or for staple items including vegetables, meats, dairy, and eggs.114 In addition, USDA announced the use of $100 million in ARPA funding for new TEFAP Reach and Resiliency competitive grants.115 These grants are set up to fund TEFAP state agencies in expanding the reach of TEFAP to “underserved remote, rural, Tribal, and/or low-income communities” and cover expenses such as equipment, warehouse, staff, and training.116 USDA expects to award the first round of funding ($50 million) in spring 2022.117 In addition to allocating supplemental funding, during the pandemic, FNS has issued guidance explaining options that states have under current law to adjust program rules, such as expanding eligibility rules for participants and waiving signature requirements for the receipt of TEFAP foods.118 111 P.L. 116-260, Division N, Title VII, §711. 112 For TEFAP’s state allocation formula, see 7 C.F.R. §251.3(h) or the “State Allocation Formula” section of CRS Report R45408, The Emergency Food Assistance Program (TEFAP): Background and Funding. For USDA’s guidance on the distribution of supplemental funds, see USDA, FNS, “Additional Information on FY 2020 Funding Sources for TEFAP~~Additional Information on FY 2020 Funding~~
~~Sources for T EFAP~~,” June 12, 2020, https://www.fns.usda.gov/tefap/additional-information-fy-2020-funding-sources; ,” June 12, 2020, https://www.fns.usda.gov/tefap/additional-information-fy-2020-funding-sources;
~~USDA, FNS, “T he~~USDA, FNS, “The Emergency Food Assistance Program ( Emergency Food Assistance Program (~~T EFAP~~TEFAP): Allocation of Coronavirus Aid, Relief, and ): Allocation of Coronavirus Aid, Relief, and
Economic Security Act Supplemental Appropriations,” April 24, 2020; Economic Security Act Supplemental Appropriations,” April 24, 2020; ~~and~~ USDA, FNS,USDA, FNS, “2020 “2020 ~~T EFAP~~TEFAP FFCRA FFCRA
Allocation Worksheet,” April 17, 2020, https://www.fns.usda.gov/disaster/pandemic/covid-19/tefap-ffcra-allocation-Allocation Worksheet,” April 17, 2020, https://www.fns.usda.gov/disaster/pandemic/covid-19/tefap-ffcra-allocation-
~~worksheet .~~
~~104 CRS correspondence with FNS in June 2021. For more information on total T EFAP funding in FY2021, see CRS~~
~~Report R45408, The Em ergency Food Assistance Program (TEFAP): Background and Funding.~~
~~105 USDA, FNS,~~ worksheet; USDA, FNS, “Fiscal Year 2021 Food and Administrative Funding“Fiscal Year 2021 Food and Administrative Funding ~~for T he~~ for The Emergency Food Assistance Program,” Emergency Food Assistance Program,”
February 16, 2021, https://www.fns.usda.gov/tefap/fiscal-year-2021-funding; and USDA,February 16, 2021, https://www.fns.usda.gov/tefap/fiscal-year-2021-funding; and USDA, FNS,FNS, “ “FY2022 USDA FY2022 USDA
Explanatory Notes – Food and Nutrition Service,” p. 34-129, https://www.usda.gov/sites/default/files/documents/Explanatory Notes – Food and Nutrition Service,” p. 34-129, https://www.usda.gov/sites/default/files/documents/
34FNS2022Notes.pdf. 34FNS2022Notes.pdf.
~~106 USDA, FNS, “T EFAP~~ 113 P.L. 116-136, Division B, Title 1, “Office of the Secretary”; USDA, FNS, “TEFAP: Allocation of Supplemental Food and Administrative Funds from Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act),” August 4, 2021, https://www.fns.usda.gov/tefap/allocation-cares-act-build-back-better. 114 USDA, AMS, “Pre-Solicitation Announcement for Cares Act TEFAP Purchase Plan,” August 18, 2021, https://www.ams.usda.gov/content/cares-act-tefap-purchase-plan-pre-solicitation-announcement; and USDA, FNS, “TEFAP Fresh Produce,” March 30, 2021, https://www.fns.usda.gov/tefap/fresh-produce. Fresh Produce,” March 30, 2021, https://www.fns.usda.gov/tefap/fresh-produce.
~~107 USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank~~
~~Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-~~
~~healthy-food-food-insecure-americans.~~
~~108 USDA, FNS, “ Questions and Answers related to COVID-19 and the Emergency Food Assistance Program~~
~~(T EFAP~~115 P.L. 117-2, §1001(b)(4); and USDA, “USDA Establishes Food Purchase Program to Transform the Food System, Build Back Better via Local Food Purchase,” December 6, 2021, https://www.usda.gov/media/press-releases/2021/12/06/usda-establishes-food-purchase-program-transform-food-system-build. 116 USDA, FNS, “The Emergency Food Assistance Program (TEFAP) Reach and Resiliency Grants: Fiscal Year 2022 Request for Applications (RFA),” CFDA 10.568, December 6, 2021, https://www.grants.gov/web/grants/view-opportunity.html?oppId=336843. 117 Ibid; and USDA, FNS, “TEFAP Reach and Resiliency Grant Initiative,” https://www.fns.usda.gov/tefap/reach-resiliency-grant. 118 USDA, FNS, “Questions and Answers related to COVID-19 and the Emergency Food Assistance Program (TEFAP),” May 22, 2020, https://www.fns.usda.gov/tefap/covid-19-qas. ),” May 22, 2020, https://www.fns.usda.gov/tefap/covid-19-qas.
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~~FDPIR.109 These grants were awarded for purposes such as changes to physical space to~~
Local Food Purchase Assistance Cooperative Agreement Program While not a TEFAP program, but intended to support local feeding organizations, USDA also announced in December 2021 that it would use $400 mil ion in ARPA funding for a new Local Food Purchase Assistance (LFPA) cooperative agreement (noncompetitive) program administered by the Agricultural Marketing Service (AMS).119 This program is to fund state and tribal governments in making local and regional food purchases from socially disadvantaged farmers and ranchers.120 Foods are to be delivered to underserved communities, with the help of nonprofit organizations when desired, including communities not served by traditional food distribution networks like TEFAP.121 Food Distribution Program on Indian Reservations (FDPIR) The CARES Act provided $100 million to the FDPIR, of which $50 million was for facility improvements and equipment upgrades and $50 million was for the costs related to additional food purchases. In FY2020, FNS awarded over $40 million in grants for facility improvements and equipment upgrades to 97 Indian Tribal Organizations (ITOs) and state agencies (SAs) that administer FDPIR.122 These grants were awarded for purposes such as changes to physical space to accommodate social distancing and computer system upgrades to accommodate remote work. accommodate social distancing and computer system upgrades to accommodate remote work.
Commodity Supplemental Food Program (CSFP)
In addition to the annual funding provided, the FY2021 Consolidated Appropriations Act In addition to the annual funding provided, the FY2021 Consolidated Appropriations Act
included $13 included $13 ~~mil ion~~ million in supplemental funding for CSFP, available through FY2021.in supplemental funding for CSFP, available through FY2021.~~110~~123 Up to 20% Up to 20%
of the funding is availableof the funding is available for state administrative expenses.for state administrative expenses.
ARPA provided $37 ARPA provided $37 ~~mil ion~~ million for CSFP, to remain available through FY2022.for CSFP, to remain available through FY2022.~~111~~124
Other USDA Initiatives
In addition to using existing nutrition assistance programs, USDA carried out two new programs In addition to using existing nutrition assistance programs, USDA carried out two new programs
to feed people during the COVID-19 pandemic: the Farmers to Families Food Box program, to feed people during the COVID-19 pandemic: the Farmers to Families Food Box program,
which provided food boxes to individuals and households, and the Emergency Meals to You which provided food boxes to individuals and households, and the Emergency Meals to You
program, which provided food boxes to households with school-aged children. Both programs program, which provided food boxes to households with school-aged children. Both programs
used funding provided in the COVID-19 pandemic response laws (discussed further below). FNS used funding provided in the COVID-19 pandemic response laws (discussed further below). FNS
119 P.L. 117-2, §1001(b)(4); and USDA, “USDA Establishes Food Purchase Program to Transform the Food System, Build Back Better via Local Food Purchase,” December 6, 2021, https://www.usda.gov/media/press-releases/2021/12/06/usda-establishes-food-purchase-program-transform-food-system-build. 120 For the purposes of LFPA, USDA defines local and regional food as a distance of no more than 400 miles between the producer and delivery destination, or where the product is distributed in the same state, territory, or tribal land in which it originates. Similar definitions have been used in other USDA programs, including the Business and Industry (B&I) loan program, which has a definition of locally or regionally produced agricultural food products codified at 7 U.S.C. Section 1932. 121 USDA, AMS, “Local Food Purchase Assistance Cooperative Agreement Program (LFPA): Fiscal Year 2022 Request for Applications,” December 6, 2021, https://www.ams.usda.gov/sites/default/files/media/LFPA_RFA.pdf. 122 USDA, FNS, “USDA Foods from Farm to Plate: FDPIR Connection,” e-bulletin, October 2020. 123 P.L. 116-260, Division N, Title VII, §712. 124 P.L. 117-2, §1104. Congressional Research Service 25 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic also activated Disaster Household Distribution programs in certain states and tribal nations during ~~also activated Disaster Household Distribution programs in certain states and tribal nations during~~
the early months of the pandemic. the early months of the pandemic.
Farmers to Families Food Box Program
~~USDA’s Agricultural Marketing Service (AMS)~~AMS, in consultation with FNS, operated the Farmers , in consultation with FNS, operated the Farmers
to Families Food Box program from May 2020 to May 2021.to Families Food Box program from May 2020 to May 2021.~~112~~125
On April On April 17, 2020, USDA announced a Coronavirus Food Assistance Program (CFAP) to provide 17, 2020, USDA announced a Coronavirus Food Assistance Program (CFAP) to provide
direct relief to farmers and ranchers for lost commodities markets.direct relief to farmers and ranchers for lost commodities markets.~~113 A smal er~~126 A smaller part of CFAP was part of CFAP was
a new program, the Farmers to Families Food Box program, to facilitate the distribution of in-a new program, the Farmers to Families Food Box program, to facilitate the distribution of in-
kind foods to households during the pandemic. kind foods to households during the pandemic. ~~Specifical y~~Specifically, the program provided fresh fruits and , the program provided fresh fruits and
vegetables, dairy, and meat products from local and regional suppliers to public and nonprofit vegetables, dairy, and meat products from local and regional suppliers to public and nonprofit
organizations, including food banks, schools, tribal organizations, and faith-based organizations, including food banks, schools, tribal organizations, and faith-based
organizations.organizations.~~114~~127 The stated goals of the program were to expedite The stated goals of the program were to expedite ~~federal y~~federally sponsored food sponsored food
deliveries to food banks and other feeding organizations and to “deliveries to food banks and other feeding organizations and to “~~sel~~ sell food previously destined for food previously destined for
restaurants and bulk purchasers to distributors, preventing waste.”restaurants and bulk purchasers to distributors, preventing waste.”~~115~~

~~109 USDA, FNS, “USDA Foods from Farm to Plate: FDPIR Connection,” e-bulletin, October 2020.~~
~~110 P.L. 116-260, Division N, T itle VII, §712.~~
~~111 P.L. 117-2, §1104.~~
~~112 USDA, AMS, “~~ 128 Unlike other USDA nutrition assistance programs, state agencies did not play a direct role in the administration of the Farmers to Families Food Box program.129 Instead, AMS awarded contracts directly to suppliers through a solicitation process. According to the terms of the contracts, suppliers packaged products into “family-sized boxes” and distributed the boxes to food banks and other recipient organizations selected by the supplier.130 Recipient organizations were nonprofits with 501(c)(3) tax exemption status or local government agencies that could “demonstrate that they have the operational and financial capability to receive, store and distribute requested food items.”131 Nonprofit recipients also agreed to serve only “needy people, or the food insecure population.”132 Contents of the boxes differed over time, but included fresh fruit and vegetables, dairy products, fluid milk, precooked meats (initially pork and poultry, and later beef and seafood), or a combination of these items.133 125 USDA, AMS, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-
families-food-box, accessedfamilies-food-box, accessed on Auguston August 3, 2021. 3, 2021.
~~113~~126 For more information on the Coronavirus Food Assistance Program, see CRS For more information on the Coronavirus Food Assistance Program, see CRS Report R46347, Report R46347, COVID-19, U.S.
Agriculture, and USDA’s Coronavirus Food Assistance Program (CFAP) ; and CRS; and CRS Report R46348, Report R46348, COVID-19:
Supply Chain Disruptions in the U.S. Fruit and Vegetable Industry: In Brief. .
~~114 USDA, “ USDA~~ 127 USDA, “USDA Announces Coronavirus Food Assistance Program,” April 17, 2020, https://www.usda.gov/media/Announces Coronavirus Food Assistance Program,” April 17, 2020, https://www.usda.gov/media/
press-releases/2020/04/17/usda-announces-coronavirus-food-assistance-program. press-releases/2020/04/17/usda-announces-coronavirus-food-assistance-program.
~~115 USDA, Agricultural~~ 128 USDA, Agricultural Marketing Service (AMS),Marketing Service (AMS), “ “Farmers to Families Food Box Infographic,” Farmers to Families Food Box Infographic,”
https://www.ams.usda.gov/sites/default/files/media/FarmerstoFamiliesFoodBox.pdf;https://www.ams.usda.gov/sites/default/files/media/FarmerstoFamiliesFoodBox.pdf; ~~USDA, AMS webinar~~ USDA, AMS webinar on April on April
21, 2020, recording available at https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box. 21, 2020, recording available at https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box.
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~~Unlike other USDA nutrition assistance programs, state agencies did not play a direct role in the~~
~~administration of the Farmers to Families Food Box program.116 Instead, USDA’s Agricultural~~
~~Marketing Service (AMS) awarded contracts directly to suppliers through a solicitation process.~~
~~According to the terms of the contracts, suppliers packaged products into “family-sized boxes”~~
~~and distributed the boxes to food banks and other recipient organizations selected by the~~
~~supplier.117 Recipient organizations were nonprofits with 501(c)(3) tax exemption status or local~~
~~government agencies that could “demonstrate that they have the operational and financial~~
~~capability to receive, store and distribute requested food items.”118 Nonprofit recipients also~~
~~agreed to serve only “needy people, or the food insecure population.”119 Contents of the boxes~~
~~differed over time, but included fresh fruit and vegetables, dairy products, fluid milk, precooked~~
~~meats (initial y pork and poultry, and later beef and seafood), or a combination of these items.120~~
~~The Biden Administration ended the Farmers to Families Food Box program on May 31, 2021.121~~
~~Over the course of the program, USDA al ocated approximately $6 bil ion on five separate rounds~~
~~of contracts and deliveries. That includes $4 bil ion in funding for the first three rounds of the~~
129 See CRS Report R42353, Domestic Food Assistance: Summary of Programs. 130 USDA, AMS, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box, accessed on August 3, 2021. 131 USDA, AMS, “Farmers to Families Food Box Program FAQs,” April 27, 2020, https://www.ams.usda.gov/publications/content/farmers-families-food-box-program-faqs. 132 USDA, AMS, Solicitation 12-3J14-20-B-0588, p. 30, https://www.ams.usda.gov/sites/default/files/media/FFFB_solicitationRound3.pdf. 133 USDA, AMS, Solicitation AG-12-3J14-20-R-0377, April 24, 2020, p. 5, https://www.ams.usda.gov/sites/default/files/media/RFP_ERAcquisition.pdf; USDA, “USDA Announces Continuation of the Farmers to Families Food Box Program, Fifth Round of Food Purchases,” January 4, 2021, https://www.usda.gov/media/press-releases/2021/01/04/usda-announces-continuation-farmers-families-food-box-program-fifth. Congressional Research Service 26 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic The Biden Administration ended the Farmers to Families Food Box program on May 31, 2021.134 Over the course of the program, USDA allocated approximately $6 billion on five separate rounds of contracts and deliveries. That includes $4 billion in funding for the first three rounds of the program funded under FFCRA, which gave the Secretary of Agriculture “such amounts as are program funded under FFCRA, which gave the Secretary of Agriculture “such amounts as are
necessary” to “purchase commodities for emergency distribution in any area of the United States necessary” to “purchase commodities for emergency distribution in any area of the United States
during a public health emergency designation” in FY2020.during a public health emergency designation” in FY2020.~~122~~135 Actual expenditures were closer to Actual expenditures were closer to
$3.57 $3.57 ~~bil ion~~billion, which funded 120.5 , which funded 120.5 ~~mil ion~~million food boxes distributed between May 2020 and October food boxes distributed between May 2020 and October
31, 2020.31, 2020.~~123~~136 On October 23, 2020, USDA announced $500 On October 23, 2020, USDA announced $500 ~~mil ion~~million for a fourth round of awards for a fourth round of awards
under the program for deliveries through December 31, 2020, funded with unobligated funds under the program for deliveries through December 31, 2020, funded with unobligated funds
from the CARES Act.from the CARES Act.~~124~~137 Actual expenditures for the fourth round were approximately $463 Actual expenditures for the fourth round were approximately $463
~~mil ion,~~ million, which funded 12.4 which funded 12.4 ~~mil ion~~million food boxes. food boxes.~~125~~138 The fifth round of the program, announced on January 4, 2021, used $1.4 billion in FY2021 Consolidated Appropriations Act funds and sponsored deliveries through the end of May 2021.139 Emergency Meals to You FNS created and operated the Emergency Meals to You program from March 2020 to August 2020 in response to the COVID-19 pandemic.140 Modeled off the Summer Meals-to-You demonstration, the Emergency Meals to You program worked with private partners (Baylor University’s Collaborative on Hunger and Poverty, McLane Global, and PepsiCo) to mail food boxes to children in participating school districts in rural areas nationwide who would normally receive free or reduced-price school meals but were not receiving them due to an emergency school closure.141 School districts were eligible to participate in Emergency Meals to You if they 134 USDA, AMS, “ ~~The fifth round of the program, announced on~~

~~116 See CRS Report R42353, Domestic Food Assistance: Summary of Programs.~~
~~117 USDA, AMS, “ Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-~~
~~families-food-box, accessed on August 3, 2021.~~
~~118 USDA, AMS, “ Farmers to Families Food Box Program FAQs,” April 27, 2020, https://www.ams.usda.gov/~~
~~publications/content/farmers-families-food-box-program-faqs.~~
~~119 USDA, AMS, Solicitation 12-3J14-20-B-0588, p. 30, https://www.ams.usda.gov/sites/default/files/media/FFFB_~~
~~solicitationRound3.pdf.~~
~~120 USDA, AMS, Solicitation AG-12-3J14-20-R-0377, April 24, 2020, p. 5, https://www.ams.usda.gov/sites/default/~~
~~files/media/RFP_ERAcquisition.pdf; USDA, “ USDA Announces Continuation of the Farmers to Families Food Box~~
~~Program, Fifth Round of Food Purchases,” January 4, 2021, https://www.usda.gov/media/press-releases/2021/01/04/~~
~~usda-announces-continuation-farmers-families-food-box-program-fifth.~~
~~121 USDA, AMS, “~~ Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-
families-food-box, accessedfamilies-food-box, accessed on Auguston August 3, 2021. 3, 2021. ~~T he~~The Administration also communicated its intentions to apply “ Administration also communicated its intentions to apply “ lessons lessons
learned” from the food box program into future activities, includinglearned” from the food box program into future activities, including announcing a fresh produce box option through announcing a fresh produce box option through
~~T EFAP.~~
~~122~~TEFAP. 135 P.L. 116-127, Division A, P.L. 116-127, Division A, ~~T itle~~Title I, §1101(g). Section 1108 of ARPA subsequently I, §1101(g). Section 1108 of ARPA subsequently reauthorized open-ended funding reauthorized open-ended funding
under Section 1101(g) of FFCRAunder Section 1101(g) of FFCRA for USDAfor USDA to purchase and distribute commodities duringto purchase and distribute commodities during a publica public health emergency. health emergency.
USDA,USDA, AMS,AMS, “Notice of Funds“Notice of Funds Availability (NOFA); Purchase of Fruit, Vegetable,Availability (NOFA); Purchase of Fruit, Vegetable, Dairy, and Meat Products Due to Dairy, and Meat Products Due to
COVID-19 National Emergency-USDA Food Box Distribution Program,” 85 COVID-19 National Emergency-USDA Food Box Distribution Program,” 85 Federal Register 23325, April 27, 2020, 23325, April 27, 2020,
https://www.federalregister.gov/documents/2020/04/27/2020-08979/notice-of-funds-availability-nofa-purchase-of-https://www.federalregister.gov/documents/2020/04/27/2020-08979/notice-of-funds-availability-nofa-purchase-of-
fruit-vegetable-dairy-and-meatfruit-vegetable-dairy-and-meat -products-due-to. -products-due-to.
~~123~~ 136 Data as of January 11, 2021. USDA, AMS, Data as of January 11, 2021. USDA, AMS, “ “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-Farmers to Families Food Box,” https://www.ams.usda.gov/selling-
food-to-usda/farmers-to-families-food-box, accessed on Augustfood-to-usda/farmers-to-families-food-box, accessed on August 3, 2021. 3, 2021.
~~124~~137 USDA, USDA, “USDA“USDA Announces Fourth RoundAnnounces Fourth Round of the Farmers to Families Food Box Program,” Release No. 0429.20, of the Farmers to Families Food Box Program,” Release No. 0429.20,
October 23, 2020, https://www.usda.gov/media/press-releases/2020/10/23/usda-announces-fourth-round-farmers-October 23, 2020, https://www.usda.gov/media/press-releases/2020/10/23/usda-announces-fourth-round-farmers-
families-food-box-program. According to CRSfamilies-food-box-program. According to CRS correspondence with AMScorrespondence with AMS on November 19, 2020, the fourth round of on November 19, 2020, the fourth round of
purchases is fundedpurchases is funded from unobligated fundsfrom unobligated funds under the CARESunder the CARES Act (P.L. 116-136), Division B, AgriculturalAct (P.L. 116-136), Division B, Agricultural Programs, Programs,
Office of the Secretary that were previously availableOffice of the Secretary that were previously available for payments to farmers in another part of the CFAPfor payments to farmers in another part of the CFAP .
~~125 USDA AMS, “~~ . 138 USDA AMS, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-
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~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

~~January 4, 2021, used $1.4 bil ion in FY2021 Consolidated Appropriations Act funds and~~
~~sponsored deliveries through the end of May 2021.126~~
~~Emergency Meals to You~~
~~FNS created and operated the Emergency Meals to You program from March 2020 to August~~
~~2020 in response to the COVID-19 pandemic.127 Modeled off the Summer Meals-to-You~~
~~demonstration, the Emergency Meals to You program worked with private partners (Baylor~~
~~University’s Collaborative on Hunger and Poverty, McLane Global, and PepsiCo) to mail food~~
~~boxes to children in participating school districts in rural areas nationwide who would normal y~~
~~receive free or reduced-price school meals but were not receiving them due to an emergency~~
~~school closure.128 School districts were eligible to participate in Emergency Meals to You if they~~
food-box, accessed on August 3, 2021. 139 USDA, “USDA Announces Continuation of the Farmers to Families Food Box Program, Fifth Round of Food Purchases,” January 4, 2021, https://www.usda.gov/media/press-releases/2021/01/04/usda-announces-continuation-farmers-families-food-box-program-fifth. The funding authority for the fifth round of purchases was P.L. 116-260, Division N, Title VII, §751; expenditures as provided by USDA, AMS, on August 4, 2021. 140 According to FNS, the Emergency Meals to You demonstration was established using authority from Section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (P.L. 111-80) and Section 2202(a) of FFCRA (P.L. 116-127). CRS correspondence with USDA, FNS, on July 24, 2020. For a list of school districts that participated in Emergency Meals to You by state, see Mealstoyou.org, “Emergency Meals-to-You School Districts,” https://mealstoyou.org/emergency-meals-to-you-school-districts-2/. 141 USDA, “USDA Meals to You Partnership Delivers Nearly 30 Million Meals,” July 16, 2020, Congressional Research Service 27 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic (1) participated in the NSLP, (2) had at least 50% of students qualified for free or reduced-priced (1) participated in the NSLP, (2) had at least 50% of students qualified for free or reduced-priced
meals (or participated in the Community Eligibilitymeals (or participated in the Community Eligibility Provision [CEP]), (3) were closed for at least Provision [CEP]), (3) were closed for at least
four weeks, and (4) were located in a rural area.four weeks, and (4) were located in a rural area.~~129~~142 Households with eligible Households with eligible children that signed children that signed
up for the program were to receive a box containing 10 breakfasts and 10 lunches, including a up for the program were to receive a box containing 10 breakfasts and 10 lunches, including a
combination of shelf-stable items, every two weeks by mail.combination of shelf-stable items, every two weeks by mail.~~130~~143 Total expenditures were Total expenditures were
approximately $123 approximately $123 ~~mil ion~~million, which FNS said funded more than 40 , which FNS said funded more than 40 ~~mil ion~~million meals delivered to meals delivered to
approximately 400,000 children across the United States.approximately 400,000 children across the United States.~~131~~144
Disaster Household Distribution
During a During a ~~presidential y~~presidentially declared disaster or emergency, states may be able to repurpose existing declared disaster or emergency, states may be able to repurpose existing
local inventories of USDA Foods intended for other nutrition assistance programs (e.g., TEFAP local inventories of USDA Foods intended for other nutrition assistance programs (e.g., TEFAP
and NSLP) for disaster/emergency feeding efforts.and NSLP) for disaster/emergency feeding efforts.~~132~~145 Under one program option, Disaster Under one program option, Disaster
~~Household Distribution, USDA may approve requests from states and tribes to repurpose USDA~~

~~food-box, accessed on August 3, 2021.~~
~~126 USDA, “ USDA Announces Continuation of the Farmers to Families Food Box Program, Fifth Round of Food~~
~~Purchases,” January 4, 2021, https://www.usda.gov/media/press-releases/2021/01/04/usda-announces-continuation-~~
~~farmers-families-food-box-program-fifth. T he funding authority for the fifth round of purchases was P.L. 116-260,~~
~~Division N, T itle VII, §751; expenditures as provided by USDA, AMS, on August 4, 2021.~~
~~127 According to FNS, the Emergency Meals to You demonstration was established using authority from Section 749(g)~~
~~of the Agriculture, Rural Development, Food and Drug Administration, and Related Age ncies Appropriations Act,~~
~~2010 (P.L. 111-80) and Section 2202(a) of FFCRA (P.L. 116-127). CRS correspondence with USDA, FNS, on July 24,~~
~~2020. For a list of school districts that participated in Emergency Meals to You by state, see Mealstoyou.org,~~
~~“Emergency Meals-to-You School Districts,” https://mealstoyou.org/emergency-meals-to-you-school-districts-2/.~~
~~128 USDA, “ USDA Meals to You Partnership Delivers Nearly 30 Million Meals,” July 16, 2020,~~
~~https://www.fns.usda.gov/news-item/usda-032420; USDA, FNS, “~~ Household Distribution, USDA may approve requests from states and tribes to repurpose USDA Foods for direct distribution to households in areas affected by an emergency or disaster.146 USDA later replenishes or reimburses federal nutrition assistance programs for USDA Foods reprogrammed for disaster/emergency feeding during a presidentially declared disaster or emergency.147 Disaster Household Distribution facilitates faster distribution to households by reducing administrative requirements (e.g., removing eligibility determinations); however, it temporarily results in lower USDA Foods inventory for other federal nutrition assistance programs. Following the presidential emergency declaration for COVID-19, USDA approved requests from 21 states, Guam, and 33 tribal nations to operate Disaster Household Distribution programs during the early months of the pandemic.148 These approvals had different timeframes but typically ended by July 2020. https://www.fns.usda.gov/news-item/usda-032420; USDA, FNS, “Meals to You Frequently Asked Questions (FAQs),” Meals to You Frequently Asked Questions (FAQs),”
https://mealstoyou.org/emtyfaqs/. For more information on the Summer Meals-to-You program, see CRShttps://mealstoyou.org/emtyfaqs/. For more information on the Summer Meals-to-You program, see CRS In Focus In Focus
IF11633, IF11633, ~~Sum mer~~Summer Meals for Children: An Overview of Federal Aid . .
~~129~~142 Ibid. Ibid.
~~130~~143 Sample items include “Protein: Milk, Chicken Salad, Hummus, Sample items include “Protein: Milk, Chicken Salad, Hummus, Beef Stick, Bean Dip, Cheese,Beef Stick, Bean Dip, Cheese, ~~Sunflower~~ Sunflower Kernels; Kernels;
Whole Grains:Whole Grains: ~~T ortilla~~ Tortilla Chips, Corn Chips, Crackers, Oatmeal Bars, Cereal; Vegetables: Chips, Corn Chips, Crackers, Oatmeal Bars, Cereal; Vegetables: ~~Salsa~~ Salsa Cup, Marinara Cup, Cup, Marinara Cup,
100% Veg/Fruit100% Veg/Fruit Juice;Juice; Fruit: Applesauce,Fruit: Applesauce, Raisins, Craisins,Raisins, Craisins, Fruit Cup, 100% Fruit Juice.” Fruit Cup, 100% Fruit Juice.”
~~131~~144 CRS CRS correspondence with FNScorrespondence with FNS in Februaryin February 2021; USDA, “2021; USDA, “ Secretary Perdue Applauds USDA’sSecretary Perdue Applauds USDA’s 2020 2020
Accomplishments,” December 16, 2020, https://www.usda.gov/media/press-releases/2020/12/16/secretary-perdue-Accomplishments,” December 16, 2020, https://www.usda.gov/media/press-releases/2020/12/16/secretary-perdue-
applauds-usdas-2020-accomplishments. applauds-usdas-2020-accomplishments.
~~132~~ 145 For more information on Disaster Household Distribution and related USDA For more information on Disaster Household Distribution and related USDA emergency food distribution options, emergency food distribution options,
see CRSsee CRS Report R46432, Report R46432, Food Banks and Other ~~Em ergency~~Emergency Feeding Organizations: Federal Aid and the Response to COVID-19. 146 7 C.F.R. §250.69; USDA, FNS, Food Distribution Division, “USDA Foods Program Disaster Manual,” revised September 2017, https://fns-prod.azureedge.net/sites/default/files/fdd/disaster-manual.pdf. 147 7 C.F.R. §250.69(g). 148 USDA, FNS, “Disaster Household Distribution,” June 11, 2020, https://www.fns.usda.gov/usda-foods/covid-19-disaster-household-distribution. Congressional Research Service 28 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic ~~Feeding Organizations: Federal Aid and the Response to~~
~~COVID-19~~.
~~Congressional Research Service~~

24

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

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

Author Information

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

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~~133 7 C.F.R. §250.69; USDA, FNS, Food Distribution Division, “USDA Foods Program Disaster Manual,” revised~~
~~September 2017, https://fns-prod.azureedge.net/sites/default/files/fdd/disaster-manual.pdf.~~
~~134 7 C.F.R. §250.69(g).~~
~~135 USDA, FNS, “ Disaster Household Distribution,” June 11, 2020, https://www.fns.usda.gov/usda-foods/covid-19-~~
~~disaster-household-distribution.~~
~~Congressional Research Service~~
~~R46681 · VERSION 6 · UPDATED~~
25 Congressional Research Service R46681 · VERSION 8 · UPDATED 29