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

Changes from February 22, 2022 to April 18, 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:
~~February 22~~April 18, 2022 , 2022
Response to the COVID-19 Pandemic
Randy Alison Aussenberg
U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs are often U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs are often
Specialist in Nutrition Specialist in Nutrition
part of emergency response efforts, providing foods for distribution, additional benefits for part of emergency response efforts, providing foods for distribution, additional benefits for
Assistance Policy Assistance Policy
redemption, and program flexibilities. During the COVID-19 pandemic, access to food— redemption, and program flexibilities. During the COVID-19 pandemic, access to food—

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

economic stimulus. This report discusses related provisions of five laws that supplement FNS’s economic stimulus. This report discusses related provisions of five laws that supplement FNS’s
prior response to the COVID-19 pandemic with new funds and authorities:prior response to the 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, 2020);  Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136, enacted March 27, 2020);
 Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159, enacted October 1, 2020);  Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159, enacted October 1, 2020);
 Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260, enacted December 27, 2020);  Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260, enacted December 27, 2020);
 American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11, 2021); and  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- Extending Government Funding and Delivering Emergency Assistance Act, Division D, Title I (P.L. 117-
43, enacted September 30, 2021). 43, enacted September 30, 2021).
This report also provides an overview of USDA’s implementation of COVID-19 response laws, including the Biden 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. Administration’s changes to the implementation of some of the 116th Congress laws’ provisions.
Within SNAP, the COVID-19 pandemic response laws have allowed for certain changes to eligibility and benefit amounts. Within SNAP, the COVID-19 pandemic response laws have allowed for certain changes to eligibility and benefit amounts.
Among other changes, FFCRA authorized an option for states to increase households’ benefits up to the maximum amount. 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% for January through September 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 allowed for a variety of administrative flexibilities; for instance, provisions designed to make it 2021. In addition, the laws allowed for a variety of administrative flexibilities; for instance, provisions designed to make it
easier for states to manage the recertification of participating households during social distancing. The laws also provided 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 SNAP and related functions. additional funding for benefits and specified grants for other 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 nutrition Commonwealth of the Northern Mariana Islands. These territories do not operate SNAP, but rather their own nutrition
assistance programs using block grant funding. assistance programs using block grant funding.
FFCRA first established the Pandemic Electronic Benefit Transfer (P-EBT) program, and subsequent pandemic response 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 meals that normally laws expanded it. This program provides SNAP-like benefits to households, serving as replacements for meals that normally
would have been provided in schools and, following expansion of the program, in child care centers. would have been provided in schools and, following expansion of the program, in child care centers.
The pandemic response laws have also enabled changes within institution-based child nutrition programs, including school 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 expansion of USDA’s ability to 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 serve free meals to all children, and a new waive child nutrition program requirements, the temporary ability for providers to serve free meals to all children, and a new
program to cover financial losses for meal providers. program to cover financial losses for meal providers.
The laws have also provided supplemental appropriations for the Special Supplemental Nutrition Program for Women, The laws have also provided supplemental appropriations for the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC) and a benefit increase through ARPA that was subsequently extended. In addition, they gave Infants, and Children (WIC) and a benefit increase through ARPA that was subsequently extended. In addition, they gave
USDA authority to issue a wide variety of program waivers, including changes to benefit issuance, product availability, and USDA authority to issue a wide variety of program waivers, including changes to benefit issuance, product availability, and
physical presence requirements. physical presence requirements.
Supplemental funding was provided to programs that distribute USDA-purchased commodities. The Emergency Food Supplemental funding was provided to programs that distribute USDA-purchased commodities. The Emergency Food
Assistance Program (TEFAP) provides federally purchased foods and administrative funds to states for distribution to Assistance Program (TEFAP) provides federally purchased foods and administrative funds to states for distribution to
emergency feeding organizations, including food banks, food pantries, and soup kitchens. Three of the pandemic response emergency feeding organizations, including food banks, food pantries, and soup kitchens. Three of the pandemic response
laws together provided over $1.2 billion to TEFAP. Smaller amounts were also provided for the Food Distribution Program laws together provided over $1.2 billion to TEFAP. Smaller amounts were also provided for the Food Distribution Program
on Indian Reservations (FDPIR) and the Commodity Supplemental Food Program (CSFP). on Indian Reservations (FDPIR) and the Commodity Supplemental Food Program (CSFP).
In addition to responding to the COVID-19 pandemic through its existing nutrition assistance programs, USDA launched two 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, initially funded under the new programs to feed people on a temporary basis: (1) the Farmers to Families Food Box program, initially funded under the
Congressional Research Service Congressional Research Service

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

FFCRA, which has provided food boxes to individuals and households; and (2) the Emergency Meals to You program, which 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 areas. FNS also activated emergency food distribution 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 early months of the pandemic. programs in certain states and tribal nations during the early months of the pandemic.
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USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic

Introduction
The ongoing COVID-19 pandemic has brought food access issues to the forefront in the United The ongoing COVID-19 pandemic has brought food access issues to the forefront in the United
States, as businesses and individuals grapple with food shortages and increases in food prices. For 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, 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 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 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 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 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 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 There is also evidence of increased use of food pantries and related organizations.4
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 challenges, such as how to enroll time, they have had to adjust to unprecedented administrative challenges, 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.5 The response of FNS programs to the COVID-19 pandemic has been shaped economic stimulus.5 The response of FNS programs to the COVID-19 pandemic has been shaped
by new federal laws as well as USDA, states, and providers working under the parameters of the by new federal laws as well as USDA, states, and providers working under the parameters of the
laws. laws.
This report discusses related provisions of six laws that supplement FNS’s COVID-19 pandemic This report discusses related provisions of six 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);

1 See CRS Report R46554, 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, C.A. Gregory, and Singh, A., 2 See discussion on pages 15-16 of A. Coleman-Jensen, M.P. Rabbitt, C.A. Gregory, and Singh, A., Household Food
Security in the United States in 2020, U.S. Department of Agriculture (USDA), Economic Research Service, September , U.S. Department of Agriculture (USDA), Economic Research Service, September
2021, https://www.ers.usda.gov/webdocs/publications/102076/err-298.pdf?v=9561.5. 2021, 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 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—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 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 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 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-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 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-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. 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,” 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-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 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/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, 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,” “Impacts of COVID-19 on Food Banks,” Choices, Quarter 1, 2022, https://www.choicesmagazine.org/choices-, Quarter 1, 2022, https://www.choicesmagazine.org/choices-
magazine/submitted-articles/impacts-of-covid-19-on-food-banks. 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 5 Patrick Canning and Rosanna Mentzer Morrison, “Quantifying the Impact of SNAP Benefits on the U.S. Economy
and Jobs,” and Jobs,” Amber Waves Magazine, July 18, 2019, https://www.ers.usda.gov/amber-waves/2019/july/quantifying-the-, July 18, 2019, https://www.ers.usda.gov/amber-waves/2019/july/quantifying-the-
impact-of-snap-benefits-on-the-us-economy-and-jobs/. impact-of-snap-benefits-on-the-us-economy-and-jobs/.
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USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic

 Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159,  Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159,
enacted October 1, 2020) (“FY2021 Continuing Appropriations Act”); enacted October 1, 2020) (“FY2021 Continuing Appropriations Act”);
 Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260,  Consolidated Appropriations Act, 2021, Division N, Title VII (P.L. 116-260,
enacted December 27, 2020) (“FY2021 Consolidated Appropriations Act”);6 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,  American Rescue Plan Act of 2021, Title I (ARPA, P.L. 117-2, enacted March 11,
2021); and 2021); and
 Extending Government Funding and Delivering Emergency Assistance Act,  Extending Government Funding and Delivering Emergency Assistance Act,
Division D, Title I (P.L. 117-43, enacted September 30, 2021; “FY2022 Division D, Title I (P.L. 117-43, enacted September 30, 2021; “FY2022
Extending Government Funding Act”). Extending Government Funding Act”).
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.”7 On that date, the White House and USDA, pursuant to this executive order, from the pandemic.”7 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.8 pandemic response laws, particularly through increasing certain benefit amounts.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 to respond to food needs.9 initiatives to respond to food needs.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 from multiple acts are discussed within the same section). SNAP policies 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 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 taken up by the Senate. Each of these contained domestic food assistance provisions. This CRS report only discusses
enacted laws. enacted laws.
7 Executive Order 14002, “Economic Relief Related to the COVID-19 Pandemic,” 86 7 Executive Order 14002, “Economic Relief Related to the COVID-19 Pandemic,” 86 Federal Register 7229-7230, 7229-7230,
January 22, 2021. January 22, 2021.
8 The White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American 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/Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/
briefing-room/statements-releases/2021/01/22/fact-sheet-president-bidens-new-executive-actions-deliver-economic-briefing-room/statements-releases/2021/01/22/fact-sheet-president-bidens-new-executive-actions-deliver-economic-
relief-for-american-families-and-businesses-amid-the-covid-19-crises/; USDA, “Biden Administration Expands P-EBT relief-for-american-families-and-businesses-amid-the-covid-19-crises/; USDA, “Biden Administration Expands P-EBT
to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: USDA Says SNAP Benefits Are to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: USDA Says SNAP Benefits Are
Inadequate for Most Participants and Begins Process to Extend Emergency Allotments to States and Update Thrifty 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 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, announced an update to the Thrifty Food Plan; this an implementation of an earlier, ~~non-pandemic~~nonpandemic-response law, the -response law, the
2018 farm bill (P.L. 115-334). 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. 9 USDA, Food and Nutrition Service (FNS), “FNS Responds to COVID-19,” https://www.fns.usda.gov/coronavirus.
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link to page link to page 89 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 FNS has maintained a website throughout the pandemic that provides a hub for its pandemic guidance and
resources: https://www.fns.usda.gov/coronavirus. resources: https://www.fns.usda.gov/coronavirus.
Many of the policies discussed in this report vary state-by-state. For example, not every state applied for every Many of the policies discussed in this report vary state-by-state. For example, not every state applied for every
available program waiver. The website shows which options a particular state is implementing, or allows users to available program waiver. The website shows which options a particular state is implementing, or allows users to
check how common a particular option is. check how common a particular option is.
For nearly every statutory provision, FNS has issued guidance, including question-and-answer documents that For nearly every statutory provision, FNS has issued guidance, including question-and-answer documents that
elaborate upon the requirements in law. The website is a resource for consulting these further policy details. elaborate upon the requirements in law. The website is a resource for consulting these further policy details.
In some cases, FNS has offered program flexibilities under existing authority. For example, the Commodity In some cases, FNS has offered program flexibilities under existing authority. For example, the Commodity
Supplemental Food Program offered new COVID-19 pandemic flexibilities without policy changes in the pandemic Supplemental Food Program offered new COVID-19 pandemic flexibilities without policy changes in the pandemic
response laws. The FNS website is a place to check on program operations aside from those enacted in the new response laws. The FNS website is a place to check on program operations aside from those enacted in the new
laws. laws.
Funding Overview
The COVID-19 pandemic response laws included supplemental funding for USDA nutrition The COVID-19 pandemic response laws included supplemental funding for USDA nutrition
assistance programs. Some of this funding was a finite, specified amount. In other cases, open-assistance programs. Some of this funding was a finite, specified amount. In other cases, open-
ended funding was authorized and appropriated in such sums as necessary. A specific ceiling was 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 spendingestimates do not dictate a ceiling or floor to the spending. 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
specifically for the Farmers to Families Food Box Program, USDA used some of the commodity specifically 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~~
~~(Dollars in millions)~~
~~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)~~
~~Supplemental~~

~~Nutrition Assistance~~
~~Program (SNAP)~~
~~account~~
~~Congressional Research Service~~

3

~~link to page 10 link to page 10 link to page 10~~Congressional Research Service 3 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page link to page 11 link to page 11 link to page 1011 link to page link to page 1011 link to page 11 link to page 11 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic Table 1. Supplemental Appropriations for USDA Nutrition Assistance Programs to Respond ~~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
(Dollars in millions)
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)
Supplemental Nutrition Assistance Program (SNAP) account Pandemic EBT Pandemic EBT
Open- Open-

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

ended ended
fundin fundingb
fundin fundingc
fundin fundingd
fundin fundinga
SNAP time SNAP time
Open- Open-

limit limit
ended ended
suspension, suspension,
fundin fundinge
emergency emergency
allotments allotments
SNAP SNAP

$15,510 $15,510

contingency contingency
reserve reserve
SNAP SNAP

Open-ended Open-ended

administrative administrative
fundin fundingb
flexibilities flexibilities
SNAP SNAP

$100 $100
$1,150 $1,150

administrative administrative
expenses expenses
SNAP 15% SNAP 15%

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

increase increase
fundin fundingc
fundin fundingf
SNAP income SNAP income

Open-ended Open-ended

exclusion, and exclusion, and
fundin fundingc
student student
provisions provisions
SNAP online SNAP online

$5 $5
$25 $25

purchasing purchasing
Northern Northern

~~Mariana Islands,~~
~~Puerto Rico,~~
~~American~~
~~Samoa~~
~~$100~~
~~$200~~

~~$614~~
~~$1,000~~
~~Food~~

~~Distribution~~
~~Program on~~
~~Indian~~
~~Reservations~~

~~$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

$100 $200 $614 $1,000 Mariana Islands, Puerto Rico, American Samoa Food $100 Distribution Program on Indian Reservations 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 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 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 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)
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 ln Food Assistance Programj (TEFAP) USDA commodity Open- $1,000n $1,400k $100l; ~~USDA commodity~~
~~Open-~~
~~$500n~~

~~$1,900k $500l; open-~~

purchases purchases
ended ended
open-ended ended
fundin fundingm
fundin fundingm
Commodity Commodity

$1 $13o
$37 $37

Supplemental Food Supplemental Food
Program (CSFP) Program (CSFP)
Special Supplemental Special Supplemental

Nutrition Program Nutrition Program
for Women, Infants, for Women, Infants,
and Children (WIC) and Children (WIC)
Supplemental Supplemental
$500 $500

funding funding
Waivers Waivers

Open-ended Open-ended

funding funding
Cash-Value Cash-Value

$490 $490
p
Voucher Voucher
Increase Increase
Program Program

$390 $390

Modernization Modernization
Gus Schumacher Gus Schumacher

$70 $70

Nutrition Incentive Nutrition Incentive
Program (GuSNIP) Program (GuSNIP)
Total (not
$1,000
$~~25,560~~26,060 (only open-
$~~3,102~~2,602
$3,~~592~~192 (only open-
including open-
ended)
ended)
ended funding
estimates)
Source: Compiled by the Congressional Research Service (CRS) based on the specified laws. Congressional Compiled by the Congressional Research Service (CRS) based on the specified laws. Congressional
Budget Office cost estimates for H.R. 6201 (April 2, 2020); H.R. 748 (April 16, 2020); H.R. 8337 (September 23, Budget Office cost estimates for H.R. 6201 (April 2, 2020); H.R. 748 (April 16, 2020); H.R. 8337 (September 23,
2020); H.R. 133, P.L. 116-260, Division N (January 14, 2021); Reconciliation Recommendations of the House 2020); H.R. 133, P.L. 116-260, Division N (January 14, 2021); Reconciliation Recommendations of the House
Committee on Agriculture (February 13, 2021); Reconciliation Recommendations of the House Committee on Committee on Agriculture (February 13, 2021); Reconciliation Recommendations of the House Committee on
Education and Labor (February 15, 2021). Education and Labor (February 15, 2021).
Notes: All funding in this table is designated as emergency and does not count against budget caps. Emergency 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 Meals to You funding is included in the Child Nutrition Program row. Funding for the Disaster Household
Distribution program is not available and not included in the table. Distribution program is not available and not included in the table.
Congressional Research Service 5 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic a. CBO stated in its estimate that this spending is expected to replace spending on child nutrition programs a. CBO stated in its estimate that this spending is expected to replace spending on child nutrition programs
and therefore does not have a net cost. and therefore does not have a net cost.
b. For b. For all open-ended mandatory funding nutrition provisions in P.L. 116-159 listed in the table, CBO open-ended mandatory funding nutrition provisions in P.L. 116-159 listed in the table, CBO
estimated a total of $8.063 bil ion in budget authority for FY2021 and $8.121 bil ion for the 10-year budget estimated a total of $8.063 bil ion in budget authority for FY2021 and $8.121 bil ion for the 10-year budget
window (FY2021-FY2030). window (FY2021-FY2030).
c. CBO has estimated that P.L. 116-260, Division N, Title VII (Nutrition and Agriculture Relief) provisions c. CBO has estimated that P.L. 116-260, Division N, Title VII (Nutrition and Agriculture Relief) provisions
increase direct spending by $24.917 bil ion in budget authority for FY2021 and $25.697 bil ion for the 10- increase direct spending by $24.917 bil ion in budget authority for FY2021 and $25.697 bil ion for the 10-
year budget window (FY2021-FY2030). These estimates include nutrition and agriculture provisions, and year budget window (FY2021-FY2030). These estimates include nutrition and agriculture provisions, and
include open-ended and capped funding. include open-ended and capped funding.
~~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. d. CBO estimated that these changes would cost $5.560 bil ion over the 2021-2030 period.
e. CBO estimated that together these changes would increase open-ended spending for benefits by a total of e. CBO estimated that together these changes would increase open-ended spending for benefits by a total of
$21.2 bil ion in FY2020 and FY2022. The provision did not appropriate this funding. $21.2 bil ion in FY2020 and FY2022. The provision did not appropriate this funding.
f. f.
CBO estimated that these changes would cost $3.54 bil ion in FY2021. CBO estimated that these changes would cost $3.54 bil ion in FY2021.
g. P.L. 116-159 provided open-ended mandatory funding for waivers issued under Section 2202 of FFCRA 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 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. 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 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. losses experienced by some child nutrition program providers during the early months of the pandemic.
i. i.
P.L. 117-2 provided open-ended mandatory funding for meal and snack reimbursements for individuals ages P.L. 117-2 provided open-ended mandatory funding for meal and snack reimbursements for individuals ages
19-24 served by CACFP-participating emergency shelters. CBO has estimated that this policy would cost a 19-24 served by CACFP-participating emergency shelters. CBO has estimated that this policy would cost a
total of $180 mil ion, spent in FY2021 and FY2022. total of $180 mil ion, spent in FY2021 and FY2022.
j. 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 States may use up to $100 mil ion of the funding provided by P.L. 116-127, up to $150 mil ion of the funding
provided by P.L. 116-136, and up to 20% ($80 mil ion) of the funding provided by P.L. 116-260 for food provided by P.L. 116-136, and up to 20% ($80 mil ion) of the funding provided by P.L. 116-260 for food
storage and distribution costs. storage and distribution costs.
k. Section 751 of P.L. 116-260 (Division N) provided no less than $1.5 bil ion for USDA to, among other 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 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 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 programspent $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~~. l. USDA used $100 mil ion in funding under P.L. 117-2 (§1001(b)(4)) (“Food Supply Chain and Agriculture Pandemic Response”) for TEFAP Reach and Resiliency grants. m. USDA has open-ended funding authority to “purchase commodities for emergency distribution in any area to “purchase commodities for emergency distribution in any area of the United of the United
States during a public health emergency designationStates during a public health emergency designation.”” under P.L. 116-127 (§1101(g)) P.L. 116-127 (§1101(g)) ~~enacted on March 18, 2020,~~
~~authorized funding through September 30, 2020~~as extended by P.L. 117-2 (§1108). Using this authority, USDA spent nearly $4 bil ion on the . Using this authority, USDA spent nearly $4 bil ion on the
first three rounds of the Farmers to Families Food Box Program.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 n. USDA used $500 mil ion in unobligated funds for the Office of the Agricultural Secretary from the CARES
Act (P.L. 116-136 Act (P.L. 116-136, Division B) for the Farmers to Families Food Box Program, ) for the Farmers to Families Food Box Program, ~~according to CRS correspondence with~~
~~USDA’s Agricultural Marketing Service on November 19, 2020.~~
and $500 mil ion from the same account for TEFAP entitlement purchases in FY2022. o. Up to 20% ($2.6 mil ion) of the funding may be used for state administrative expenses. 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 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 the first quarter of FY2022, although the policy differs from that included in ARPA. Spending from the WIC
account is authorized by the provision. 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 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 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 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, also have granted USDA authority to offer administrative flexibilities to SNAP state agencies,
responding to the constraints of social distancing, remote work, and higher rates of new SNAP responding to the constraints of social distancing, remote work, and higher rates of new SNAP
participants. participants.
Congressional Research Service 6 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic FY2020 participation and spending data for SNAP reflect increases in participation and spending 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 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 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 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.~~
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6

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

through February 2020) when an average of 37.3 million people received SNAP benefits. SNAP through February 2020) when an average of 37.3 million people received SNAP benefits. SNAP
participation was roughly sustained through FY2021, with a monthly average of 41.5 million 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 people receiving benefits. Program costs were $60.4 billion in FY2019 and $78.9 billion in
FY2020, an $18.5 billion (31%) increase for the full year. Costs further increased to $112.6 FY2020, an $18.5 billion (31%) 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 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. 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 eligibility for SNAP benefits or the calculation of COVID-19 pandemic response laws change eligibility for SNAP benefits or the calculation of
those benefits, the laws create the budget authority to expend already appropriated funds for those those benefits, the laws create the budget authority to expend already appropriated funds for those
benefits. In some cases, supplemental funding for policies was appropriated within the same law benefits. In some cases, supplemental funding for policies was appropriated within the same law
authorizing a change in policy; in others, funding was provided for the purpose in subsequent 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 allotments up to the maximum increases to SNAP benefits. First, FFCRA provided emergency allotments 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 Administration implemented a 30, 2021. Separate from the pandemic response laws, the Biden Administration implemented a
provision of the 2018 farm bill creating an across-the-board increase to SNAP benefits that went provision of the 2018 farm bill creating an across-the-board increase to SNAP benefits that went
into effect October 1, 2021. into 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.11 Prior to this 319 of the Public Health Service Act and (2) a state emergency have been declared.11 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 all households received the maximum benefit.12 With a maximum benefit; some but not all households received the maximum benefit.12 With
emergency allotments, the law required USDA to grant SNAP state agencies’ requests that are emergency allotments, 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 allotment for the temporary food needs not greater than the applicable maximum monthly allotment for the
household size.” For much of the pandemic, all 53 SNAP state agencies were providing these household size.” For much of the pandemic, all 53 SNAP state agencies were providing these
~~emergency allotments, but the number of states doing so has fluctuated as some state emergency~~
~~declarations have ended or ended and resumed.13~~

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. 11 P.L. 116-127, Division B, Title III, §2302(a). This provision is authorized only when both federal and state 11 P.L. 116-127, Division B, Title 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 Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease
2019 (COVID-19) 2019 (COVID-19) and the issuance of an emergency or disaster declaration by a State based on an outbreak of the issuance of an emergency or disaster declaration by a State based on an outbreak of
COVID-19.” (emphasisCOVID-19.” (emphasis added). added).
12 For a summary of income eligibility and benefit calculation, see CRS Report R42505, 12 For a summary of income eligibility and benefit calculation, see CRS Report R42505, Supplemental Nutrition
Assistance Program (SNAP): A Primer on Eligibility and Benefits. .
~~13 For example, 53 SNAP state agencies provided emergency allotments in December 2020, and 37 SNAP state~~
~~agencies provided them in February 2022. USDA-FNS website, https://www.fns.usda.gov/snap/covid-19-emergency-~~
~~allotments-guidance (accessed February 15, 2022).~~
~~Congressional Research Service~~

7

~~link to page 14~~ Congressional Research Service 7 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic

emergency allotments, but the number of states doing so has fluctuated as some state emergency declarations have ended or ended and resumed.13 The Trump and Biden Administrations implemented the emergency allotments policy differently. The Trump and Biden Administrations implemented the emergency allotments policy differently.
During the Trump Administration, USDA interpreted the emergency allotments increase as During the Trump Administration, USDA interpreted the emergency allotments increase as
available for any household available for any household ~~who~~that would have been eligible for less than the maximum benefit. would have been eligible for less than the maximum benefit.
These households then would receive the maximum benefit amount. Under this interpretation, These households then would receive the maximum benefit amount. Under this interpretation,
households already receiving the maximum allotment did not receive any emergency allotment households already receiving the maximum allotment did not receive any emergency allotment
increase. This interpretation was the subject of litigation.14 increase. This interpretation was the subject of litigation.14
The Biden Administration reviewed its authority to allow states to provide emergency allotments The Biden Administration reviewed its authority to allow states to provide emergency allotments
on top of the on top of the regular maximum benefit 15 and ultimately implemented an increase for the households that maximum benefit 15 and ultimately implemented an increase for the households that
were receiving the maximum pre-emergency allotment.16 Under April 1, 2021, guidance, the were receiving the maximum pre-emergency allotment.16 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
allotments minimum increase of $95 to all households.17 Those that received no prior increase allotments minimum increase of $95 to all households.17 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 2021.18 ARPA increase to FY2021 maximum SNAP benefit amounts for January through June 2021.18 ARPA
extended this increase through September 2021.19 The basis for SNAP’s maximum benefit is a extended this increase through September 2021.19 The basis for SNAP’s maximum benefit is a
USDA-created and -calculated set of market baskets called the USDA-created and -calculated set of market baskets called the Thrifty Food Plan, a way to , a way to
~~determine the contents and therefore costs of meeting dietary needs under low resource~~
~~constraints.20~~
Table 2 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~~
~~2021 increase.21 As discussed above, under the Trump Administration’s implementation of the~~

13 For example, 53 SNAP state agencies provided emergency allotments in December 2020, and 37 SNAP state agencies provided them in February 2022. USDA-FNS website, https://www.fns.usda.gov/snap/covid-19-emergency-allotments-guidance (accessed February 15, 2022). 14 See, for example, 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 U.S. Dist. LEXIS 166171 at 1 (E.D. Pa. Sept. 11,
2020), 2020), Hall v. United States Dep't of Agric., 467 F.Supp.3d (N.D. Cal. June 17, 2020). See also Kate Giammarise, , 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,” “'Just Scraping By’: Families in PA Waiting on Additional Food Stamps as Court Fight Continues,” WESA, December , December
3, 2020, https://www.wesa.fm/post/just-scraping-families-pa-waiting-additional-food-stamps-court-fight-continues#3, 2020, https://www.wesa.fm/post/just-scraping-families-pa-waiting-additional-food-stamps-court-fight-continues#
stream/0. stream/0.
15 The White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American 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,” press release, January 22, 2021, https://www.whitehouse.gov/Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/
briefing-room/statements-releases/2021/01/22/fact-sheet-president-bidens-new-executive-actions-deliver-economic-briefing-room/statements-releases/2021/01/22/fact-sheet-president-bidens-new-executive-actions-deliver-economic-
relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “Biden relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “Biden
Administration Expands P-EBT to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: Administration Expands P-EBT to Benefit Millions of Low-Income and Food Insecure Children During Pandemic:
USDA Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments USDA Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments
to States and Update Thrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-to States and Update Thrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-
item/usda-001521. item/usda-001521.
16 USDA, FNS, Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments, memo to All SNAP 16 USDA, FNS, Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments, memo to All SNAP
State Agencies et al., April 1, 2021, https://www.fns.usda.gov/sites/default/files/resource-files/fns-determination-State Agencies 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.
17 See further details at USDA, FNS, Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments, 17 See further details at USDA, FNS, Supplemental Nutrition Assistance Program (SNAP) – Emergency Allotments,
memo to All SNAP State Agencies et al., April 1, 2021, https://www.fns.usda.gov/sites/default/files/resource-files/fns-memo to All SNAP State Agencies et al., April 1, 2021, https://www.fns.usda.gov/sites/default/files/resource-files/fns-
determination-regarding-enhanced-emergency-allotments.pdf. determination-regarding-enhanced-emergency-allotments.pdf.
18 P.L. 116-260, Division N, Title VII, §702(a). 18 P.L. 116-260, Division N, Title VII, §702(a).
19 P.L. 117-2, §1101(a), amending P.L. 116-260, Division N, Title VII, §702(a). 19 P.L. 117-2, §1101(a), amending P.L. 116-260, Division N, Title VII, §702(a).
~~20 See USDA, FNS, “SNAP and The Thrifty Food Plan,” August 17, 2021, https://www.fns.usda.gov/snap/~~
~~thriftyfoodplan.~~
~~21 Alaska, Guam, Hawaii, and the U.S. Virgin Islands each had higher FY2021 benefit amounts and therefore higher~~
amounts under the temporary increase. USDA, FNS, SNAP-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~~

Congressional Research Service 8 link to page 14 link to page 16 link to page 16 link to page 15 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic determine the contents and therefore costs of meeting dietary needs under low resource constraints.20 Table 2 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 2021 increase.21 As discussed above, under the Trump Administration’s implementation of the emergency allotments, especially at the height of the pandemic, virtually all SNAP participants 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 received this maximum benefit. During the Biden Administration, states with active emergency
allotments policies provided amounts greater than those displayed in the middle column. 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 (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, 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 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 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. included in the calculation of a state’s payment error rate.
Table 2. SNAP Maximum Monthly Benefits Before, During, and After COVID-19
Pandemic Response Laws’ 15% Increase
48 States and the District of Columbia 48 States and the District of Columbia
FY2021 Maximum Benefit
Maximum Benefit Under
FY2022 Maximum Benefit
Before Increase
Temporary Increasea
(Thrifty Food Plan
Household
(October 1, 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, FNS, USDA, FNS, SNAP-Temporary Increase in Maximum Allotments due to COVID-19, Memo to All State , Memo to All State
Agencies, December 28, 2020, https://www.fns.usda.gov/snap/temporary-increase-maximum-allotments-due-Agencies, December 28, 2020, https://www.fns.usda.gov/snap/temporary-increase-maximum-allotments-due-
covid-19-revised-12282020; USDA, FNS, SNAP – Fiscal Year 2022 Cost-of-Living Adjustments, August 16, 2021, covid-19-revised-12282020; USDA, FNS, SNAP – Fiscal Year 2022 Cost-of-Living Adjustments, August 16, 2021,
https://www.fns.usda.gov/snap/fy-2022-cost-living-adjustments. https://www.fns.usda.gov/snap/fy-2022-cost-living-adjustments.
Notes: Alaska, Guam, Hawaii, and the U.S. Virgin Islands each had higher FY2021 benefit amounts and therefore Alaska, Guam, Hawaii, and the U.S. Virgin Islands each had higher FY2021 benefit amounts and therefore
higher amounts under the temporary increase. FY2022 benefit amounts reflect the Administration’s recent higher amounts under the temporary increase. FY2022 benefit amounts reflect the Administration’s recent
(August 16, 2021) action re-evaluating the “Thrifty Food Plan,” SNAP law’s basis for household benefit amounts. (August 16, 2021) action re-evaluating the “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 2021 Biden Administration revised emergency allotments guidance, some households may~~
~~receive as much as $95 above these amounts.~~

20 See USDA, FNS, “SNAP and The Thrifty Food Plan,” August 17, 2021, https://www.fns.usda.gov/snap/thriftyfoodplan. 21 Alaska, Guam, Hawaii, and the U.S. Virgin Islands each had higher FY2021 benefit amounts and therefore higher amounts under the temporary increase. USDA, FNS, SNAP-Temporary Increase in Maximum Allotments due to COVID-19, Memo to All State Agencies, December 28, 2020, https://www.fns.usda.gov/sites/default/files/resource-, Memo to All State Agencies, December 28, 2020, https://www.fns.usda.gov/sites/default/files/resource-
files/SNAP%20Temp%20Increase%20in%20Max%20Allotments%20COVID_12.28.20.pdf. files/SNAP%20Temp%20Increase%20in%20Max%20Allotments%20COVID_12.28.20.pdf.
22 P.L. 116-260, Division N, Title VII, §702(b). 22 P.L. 116-260, Division N, Title VII, §702(b).
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USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic

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 2021 Biden Administration revised emergency allotments guidance, some households may receive as much as $95 above these amounts. Administrative Flexibilities
FFCRA allowed USDA to adjust (through guidance and based on states’ requests) administrative FFCRA allowed USDA to adjust (through guidance and based on states’ requests) administrative
requirements like benefit issuance and household reporting requirements.23 In initially requirements like benefit issuance and household reporting requirements.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 flexibility on interview timelines, certification recertification requirements, providing additional flexibility on interview timelines, certification
periods, and protocols for the program’s Quality Control system, a state-federal system periods, and protocols for the program’s Quality Control system, a state-federal system
established to measure payment accuracy in the program. Beginning in July and August 2020, established to measure payment accuracy in the program. Beginning in July and August 2020,
USDA, under the Trump Administration, declined states’ requests to continue these waivers.24 USDA, under the Trump Administration, declined states’ requests to continue these waivers.24
The FY2021 Continuing Appropriations Act required USDA to extend specified administrative The FY2021 Continuing Appropriations Act required USDA to extend specified administrative
flexibilities, creating a variety of administrative flexibilities for states to operate SNAP, flexibilities, creating a variety of administrative flexibilities for states to operate SNAP,
particularly in recertifying currently participating households.25 Examples of these state options particularly in recertifying currently participating households.25 Examples of these state options
include extending certification periods for households whose SNAP benefits were set to expire on 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 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 with recertification set to expire on or before December 31, 2021. States are required to notify
USDA of their selected options, but the options are not subject to USDA approval. The provision USDA of their selected options, but the options are not subject to USDA approval. The provision
also authorized and appropriated open-ended mandatory funding for these policy changes. also authorized and appropriated open-ended mandatory funding for these policy changes.
USDA under the Biden Administration has continued to offer administrative flexibilities. The 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 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 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 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 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 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 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 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. 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). 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 24 See, for example, Julie Zauzmer, “USDA will end coronavirus exception, making SNAP recipients prove their
income again to get food stamps,” income again to get food stamps,” Washington Post, July 31, 2020, https://www.washingtonpost.com/dc-md-va/2020/, July 31, 2020, https://www.washingtonpost.com/dc-md-va/2020/
07/31/usda-will-end-coronavirus-exception-making-snap-recipients-prove-their-income-again-keep-getting-food-07/31/usda-will-end-coronavirus-exception-making-snap-recipients-prove-their-income-again-keep-getting-food-
stamps/. stamps/.
25 P.L. 116-159, Division D, Title VI, §4603(a). 25 P.L. 116-159, Division D, Title VI, §4603(a).
26 USDA, FNS, 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, , 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 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 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 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 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 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 the federal public health emergency. This guidance does not signal or confirm when the federal public health
emergency declaration will end.”) 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~~
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~~link to page 14~~ ~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

Congressional Research Service 10 link to page 14 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic 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 The contents of the Thrifty Food Plan were last updated by USDA in 2006, and the 2018 farm bill 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 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 inWhile the maximum benefit amounts were announced for FY2022 (displayed in Table 2), ,
sustained increases relative to FY2021 can be expected for future years, as the law states that this 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 increased the maximum new base is adjusted for inflation yearly. The Administration’s update increased 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.29 The exact increase per person or per higher caloric assumptions, and more nutrient-dense foods.29 The exact increase per person or per
household will vary case-by-case. USDA estimates an average increase of over $36 per person household will 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.30 Despite this permanent increase to the maximum benefit, some households may still increases.30 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 experience reductions in their specific benefit amount, if and when their states’ emergency
allotments policy ends.31 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.32 It also provided the associated open-ended funding for benefit increases. applications.32 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.33 The SNAP exclusion in the FY2021 Consolidated Appropriations Act unemployment insurance.33 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,
~~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~~

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 report contains a reevaluation of the thrifty food plan for the 48 states and the District of Columbia. Re-evaluation of 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 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. 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. 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.
§2012(u)§2012(u)). .
29 USDA, FNS, 29 USDA, 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.
30 USDA, “USDA Modernizes the Thrifty food Plan, Updates SNAP Benefits,” press release, August 16, 2021, 30 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. https://www.usda.gov/media/press-releases/2021/08/16/usda-modernizes-thrifty-food-plan-updates-snap-benefits.
31 This dynamic is discussed and illustrated in USDA, “Thrifty Food Plan Re-evaluation Puts Nutrition in Reach for 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-SNAP Participants,” August 30, 2021, https://www.usda.gov/media/blog/2021/08/30/thrifty-food-plan-re-evaluation-
puts-nutrition-reach-snap-participants. puts-nutrition-reach-snap-participants.
32 P.L. 116-260, Division N, Title VII, §702(d). FPUC is summarized in CRS In Focus IF11723, 32 P.L. 116-260, Division N, Title VII, §702(d). FPUC is summarized in CRS In Focus IF11723, Unemployment
Insurance Provisions in the Consolidated Appropriations Act, 2021 (Division N, Title II, Subtitle A, the Continued
Assistance for Unemployed Workers Act of 2020), by Katelin P. Isaacs and Julie M. Whittaker. , by Katelin P. Isaacs and Julie M. Whittaker.
33 See the “Enacted Laws in the 116th Congress” section in CRS Report R45478, 33 See the “Enacted Laws in the 116th Congress” section in CRS Report R45478, Unemployment Insurance: Legislative
Issues in the 116th Congress, by Julie M. Whittaker and Katelin P. Isaacs. , 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.~~
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~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

Congressional Research Service 11 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.34 Under current Unemployment Insurance law, though, no FPUC benefits were payable for weeks of unemployment that began Insurance law, though, no FPUC benefits were payable for weeks of unemployment that began
after September 4, 2021.35 after September 4, 2021.35
SNAP eligibility and benefit calculation is primarily determined using a household’s gross SNAP eligibility and benefit calculation is primarily determined using a household’s gross
income and, in some states, resources (also called assets) are counted as well. Gross income is all income and, in some states, resources (also called assets) are counted as well. Gross income is all
household income with the exception of a limited list of income sources that are excluded in household income with the exception of a limited list of income sources that are excluded in
statute. Prior to the change made by the FY2021 Consolidated Appropriations Act, all statute. Prior to the change made by the FY2021 Consolidated Appropriations Act, all
unemployment insurance was counted as income in a household SNAP application. unemployment insurance was counted as income in a household SNAP application.
SNAP Work-Related and Student Eligibility Rules
Work-Related Requirements
SNAP’s authorizing law has long included work-related eligibility requirements, the strictest SNAP’s authorizing law has long included work-related eligibility requirements, the strictest
being a time limit for “able bodied” (nondisabled) adults (ages 18 to 49) without dependents being a time limit for “able bodied” (nondisabled) adults (ages 18 to 49) without dependents
(ABAWDs) who work less than 80 hours per month.36 FFCRA partially suspended this time limit (ABAWDs) who work less than 80 hours per month.36 FFCRA partially suspended this time limit
nationwide during the period of the Secretary of Health and Human Services’ public health nationwide during the period of the Secretary of Health and Human Services’ public health
emergency declaration, allowing new and continuing participants who would have lost eligibility emergency declaration, allowing new and continuing participants who would have lost eligibility
due to the time limit to continue to receive benefits.37 due to the time limit to continue to receive benefits.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 April 1.38 The court acknowledged that the global pandemic would have taken effect in part on April 1.38 The court acknowledged that the global pandemic
highlighted the need to provide government officials with flexibility to address their constituents’ highlighted the need to provide government officials with flexibility to address their constituents’
nutritional needs “and ensure their well-being through programs like SNAP.”39 Following the nutritional needs “and ensure their well-being through programs like SNAP.”39 Following the
preliminary injunction, on October 18, 2020, the court struck down the rule in its entirety.40 On preliminary injunction, on October 18, 2020, the court struck down the rule in its entirety.40 On
March 24, 2021, the Biden Administration announced that the U.S. Court of Appeals for the D.C. March 24, 2021, the Biden Administration announced that the U.S. Court of Appeals for the D.C.
~~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~~

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. 35 September 5, 2021, in New York. See CRS Report R46687, 35 September 5, 2021, in New York. See CRS Report R46687, Unemployment Insurance (UI) Benefits: Permanent-Law
Programs and the COVID-19 Pandemic Response. .
36 36 For this population, time limit is 3 months of SNAP benefits in a 36-month period if work rules are not met. Time ~~Time~~ limits are summarized in CRS Report R42505, limits are summarized in CRS Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Primer
on Eligibility and Benefits. .
37 P.L. 116-127, Division B, Title III, §2301. FNS guidance, March 20, 2020, available at https://www.fns.usda.gov/ 37 P.L. 116-127, Division B, Title III, §2301. FNS guidance, March 20, 2020, available at https://www.fns.usda.gov/
snap/ffcra-impact-time-limit-abawds. Regarding public health emergency background, see CRS Report R46219, snap/ffcra-impact-time-limit-abawds. Regarding public health emergency background, see CRS Report R46219,
Overview of U.S. Domestic Response to Coronavirus Disease 2019 (COVID-19). .
38 38 District of Columbia v. United States Dep't of Agric., 444 F. Supp. 3d, 1, 6-7 (D.D.C. 2020). , 444 F. Supp. 3d, 1, 6-7 (D.D.C. 2020).
39 Ibid at 5. 39 Ibid at 5.
40 40 District of Columbia, et al. v. United States Dep't of Agric., __ F. Supp. 3d __, 2020 U.S. Dist. LEXIS 192508 at 5-, __ F. Supp. 3d __, 2020 U.S. Dist. LEXIS 192508 at 5-
11 (D.D.C. Oct. 18, 2020). On December 16, 2020, the Trump Administration appealed the District Court decision (see 11 (D.D.C. Oct. 18, 2020). On December 16, 2020, the Trump Administration appealed the District Court decision (see
House Committee on Agriculture, “Fudge Slams Administration for Appealing ABAWD Ruling,” press release, House Committee on Agriculture, “Fudge Slams Administration for Appealing ABAWD Ruling,” press release,
December 16, 2020, https://agriculture.house.gov/news/documentsingle.aspx?DocumentID=2069). December 16, 2020, https://agriculture.house.gov/news/documentsingle.aspx?DocumentID=2069).
~~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.~~
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~~link to page 19~~ ~~USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic~~

Congressional Research Service 12 link to page 20 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic 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 programs less than half-time are also subject to the time limit for nondisabled 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 subject to a different requirement, a student disqualification rule.42 Students working 20 hours or subject to a different requirement, a student disqualification rule.42 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;43 otherwise, students attending half-time or greater are not eligible for SNAP. FFCRA’s benefits;43 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.44 The suspension of the rule applies to certain students during the public health emergency.44 The suspension of the rule applies to
students enrolled at least half-time in an institution of higher education who students enrolled at least half-time in an institution of higher education who
 are eligible to participate in a state or federally financed work study program, or  are eligible to participate in a state or federally 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 still need to These students would not be subject to the student disqualification rule, but would still need to
meet SNAP’s other eligibility rules, such as income eligibility. meet SNAP’s other 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 eligibility requirements. temporary student eligibility 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 eligible purpose for funding in the SNAP account. Of the four COVID-19 pandemic authorize an eligible purpose for funding in the SNAP account. Of the four COVID-19 pandemic
response laws, the CARES Act and FY2021 Consolidated Appropriations Act appropriated finite 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. 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~~

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. 42 Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. §2015(e)). See also CRS Report R46817, 42 Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. §2015(e)). See 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; (3) enrolled in school because of 43 Exceptions for students (1) under 18 years old or age 50 or older; (2) disabled; (3) enrolled in school because of
participation in specified programs; (4) employed at least 20 hours per week or participates in a work-study program participation in specified programs; (4) employed at least 20 hours per week or participates in a work-study program
during the school year; (5) certain parent (based largely on age of the child); or (6) receiving TANF benefits. during the school year; (5) certain parent (based largely on age of the child); or (6) receiving TANF benefits.
44 P.L. 116-260, Division N, Title VII, §702(e). The provision is in effect for initial applications until 30 days after the 44 P.L. 116-260, Division N, Title VII, §702(e). The provision is in effect for initial applications until 30 days after the
COVID-19 public health emergency is lifted. It is in effect for recertification until no earlier than 30 days after the COVID-19 public health emergency is lifted. It is in effect for recertification until no earlier than 30 days after the
COVID-19 public health emergency is lifted. COVID-19 public health emergency is lifted.
~~45 Email communication with USDA, FNS, October 2020.~~
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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 Funds in the FY2021 Consolidated Appropriations Act and ARPA
  State administrative expenses. State administrative costs are typically shared . State administrative costs are typically 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 million in federal funding for FY2021.46 This is 100% federal provided $100 million in federal funding for FY2021.46 This is 100% federal
funding and does not require a match. The provision allocates the funds funding and does not require a match. The provision allocates 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 billion to this funding.47 The funding is to be months. ARPA added $1.15 billion to this funding.47 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.48 Prior to the pandemic, FNS had begun to pilot online .48 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 million to large national retailers were able to take part. P.L. 116-260 provided $5 million to
be split among three purposes: (1) additional support for FNS to test systems and be split among three purposes: (1) additional support for FNS to test systems and
provide technical assistance to retailers; (2) cooperative agreements or grants to provide technical assistance to retailers; (2) cooperative agreements or grants to
provide assistance to direct-marketing farmers and farmers’ markets; and (3) provide assistance to direct-marketing farmers and farmers’ markets; and (3)
issuance innovation and technology improvement support (this includes issuance innovation and technology improvement support (this includes
development work regarding the mobile technologies projects authorized by the development work regarding the mobile technologies projects authorized by the
2014 farm bill and testing methods to modernize EBT).49 ARPA provided $25 2014 farm bill and testing methods to modernize EBT).49 ARPA provided $25
million to USDA, available through FY2026, for four purposes: (1) to make million to USDA, available through FY2026, for four purposes: (1) to make
technological improvements to SNAP online purchasing, (2) to modernize EBT technological improvements to SNAP online purchasing, (2) to modernize EBT
technology, (3) to support mobile technology projects, and (4) to provide technology, (3) to support mobile technology projects, and (4) to provide
specified technical assistance to retailers. specified technical assistance to retailers.
  Gus Schumacher Nutrition Incentive Program (GuSNIP).50 This program, .50 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 well as fruit and vegetable~~
~~prescription programs. P.L. 116-260 provided an additional $75 million for~~
~~GuSNIP, which USDA is authorized to use to reduce grantees’ match rate, waive~~
~~maximum grant amounts, and provide additional funding to ongoing grants.~~
~~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~~

45 Email communication with USDA, FNS, October 2020. 46 P.L. 116-260, Division N, Title VII, §702(c). 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, 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/ 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. snap/administrative-funding-allocations-american-rescue-plan-act-2021.
48 P.L. 116-260, Division N, Title VII, §703; P.L. 117-2, §1102. For background and current retailers authorized for 48 P.L. 116-260, Division N, Title VII, §703; P.L. 117-2, §1102. For background and current retailers authorized for
online purchasing, see USDA, FNS, “SNAP: Stores Accepting SNAP Online,” available at https://www.fns.usda.gov/online purchasing, see USDA, FNS, “SNAP: Stores Accepting SNAP Online,” available at https://www.fns.usda.gov/
snap/online-purchasing-pilot. snap/online-purchasing-pilot.
49 Of the $5 million, no more than $1 million may be used for the first purpose and no more than $1 million may be 49 Of the $5 million, no more than $1 million may be used for the first purpose and no more than $1 million may be
used for the second purpose. used for the second purpose.
50 P.L. 116-260, Division N, Title VII, §755. For program background, see CRS Report R46538, 50 P.L. 116-260, Division N, Title VII, §755. For program background, see CRS Report R46538, Local and Urban
Food Systems: Selected Farm Bill and Other Federal Programs. .
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provides grants for SNAP bonus incentive projects as well as fruit and vegetable prescription programs. P.L. 116-260 provided an additional $75 million for GuSNIP, which USDA is authorized to use to reduce grantees’ match rate, waive maximum grant amounts, and provide additional funding to ongoing grants. 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.51 Whereas SNAP is open-ended mandatory spending and can expand and contract lieu of SNAP.51 Whereas SNAP is open-ended mandatory spending and can expand and contract
with economic need, these block grants are limited in their spending without supplemental with economic need, these block grants are limited in their spending without supplemental
appropriations. The SNAP policies that expand eligibility or increase benefit amounts do not appropriations. The SNAP policies that expand eligibility or increase benefit amounts do not
apply to these territories—they apply to the states or territories that operate SNAP. apply to these territories—they apply to the states or territories that operate SNAP.
FFCRA provided $100 million for grants to these territories for nutrition assistance “in response FFCRA provided $100 million for grants to these territories for nutrition assistance “in response
to a COVID-19 public health emergency.”52 to a COVID-19 public health emergency.”52
The CARES Act provided $200 million for these territories’ nutrition programs. The CARES Act provided $200 million 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
Benefit Transfer (P-EBT) program. Until this change, only jurisdictions operating SNAP had Benefit Transfer (P-EBT) program. Until this change, only jurisdictions operating SNAP had
been authorized and funded to operate the program (P-EBT is discussed further in the 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 million for USDA to fund nutrition The FY2021 Consolidated Appropriations Act provided $614 million for USDA to fund nutrition
assistance in response to a COVID-19 public health emergency.53 The funds are available through assistance in response to a COVID-19 public health emergency.53 The funds are available through
FY2021, and $14 million is set aside for the Commonwealth of the Northern Mariana Islands. FY2021, and $14 million is set aside for the Commonwealth of the Northern Mariana Islands.
ARPA provided an additional $1 billion, with $30 million set aside for Commonwealth of the ARPA provided an additional $1 billion, with $30 million set aside for Commonwealth of the
Northern Mariana Islands.54 Northern Mariana Islands.54
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 million people According to USDA-FNS data, the program issued benefits to an average of 6.9 million people
per month in March through September 2020 and cost $10.7 billion. Under expanded eligibility per month in March through September 2020 and cost $10.7 billion. Under expanded eligibility
rules, including summer eligibility, in FY2021, the program issued benefits to an estimated 8.8 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 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~~
~~closed five or more days, to households with children who would have received free or reduced-~~
~~price school meals if not for the closure.56 The new program was initially authorized to operate~~
~~until September 30, 2020, though it was later extended.57~~

51 For program history, see Anne Peterson, Bryan Johnson, and Benjamin E. Moulton et al., 51 For program history, see Anne Peterson, Bryan Johnson, and Benjamin E. Moulton et al., Implementing
Supplemental Nutrition Assistance Program in Puerto Rico: A Feasibility Study, USDA, FNS, June 2010, pp. 7-16, , USDA, FNS, June 2010, pp. 7-16,
https://www.fns.usda.gov/snap/implementing-supplemental-nutrition-assistance-program-puerto-rico-feasibility-study. https://www.fns.usda.gov/snap/implementing-supplemental-nutrition-assistance-program-puerto-rico-feasibility-study.
52 P.L. 116-127, Division A, Title I, §1102. 52 P.L. 116-127, Division A, Title I, §1102.
53 P.L. 116-260, Division N, Title VII, §704. 53 P.L. 116-260, Division N, Title VII, §704.
54 P.L. 117-2, §1103. 54 P.L. 117-2, §1103.
55 USDA, FNS, September 2020 Keydata Report, available at https://www.fns.usda.gov/data/january-keydata-report-55 USDA, FNS, September 2020 Keydata Report, available at https://www.fns.usda.gov/data/january-keydata-report-
september-2020-data. USDA, FNS, October 2021 Keydata Report, available at https://www.fns.usda.gov/data/october-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 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 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. 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~~
~~appropriations law (P.L. 111-80, §746). It was called P-SNAP in agency guidance at that time. However, unlike what is~~
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Congressional Research Service 15 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic Establishment of P-EBT FFCRA created P-EBT as an option for states to provide a SNAP-like benefit, when a school is closed five or more days, to households with children who would have received free or reduced-price school meals if not for the closure.56 The new program was initially authorized to operate until September 30, 2020, though it was later extended.57
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
increased P-EBT benefit amounts by 15% by including the cost of a free snack reimbursement, increased P-EBT benefit amounts by 15% by including the cost of a free snack reimbursement,
raising the daily rate to $6.82 in the contiguous states.58 raising the daily rate to $6.82 in the contiguous states.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.59 In order to identify eligible children and issue benefits, of questions about program operations.59 In order to identify eligible children and issue benefits,
the P-EBT program is typically administered as a partnership between a state’s SNAP and child the P-EBT program is typically 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.60 As of July provision as funding 100% of P-EBT benefits and 50% of state administrative costs.60 As of July
10, 2020, 50 states, the District of Columbia, and the U.S. Virgin Islands were approved to 10, 2020, 50 states, the District of Columbia, and the U.S. Virgin Islands were approved to
operate P-EBT in school year 2019-2020.61operate P-EBT in school year 2019-2020.61
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.62 This law originally extended the program through FY2021 Continuing Appropriations Act.62 This law originally 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.63 ARPA also~~
~~amended the program to allow operation during summer months.~~
~~Among other changes, the FY2021 Continuing Appropriations Act expanded the program to~~
~~include~~
~~ schools with reduced attendance hours due to the pandemic (expanding the~~
~~program beyond only closed schools); and~~
~~ children in SNAP households enrolled in child care facilities affected by~~
~~pandemic closures and reduced hours, as specified in the law.~~

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 appropriations law (P.L. 111-80, §746). It was called P-SNAP in agency guidance at that time. However, unlike what is happening during the current pandemic, no SNAP state agencies ever administered P-SNAP. happening during the current pandemic, no SNAP state agencies ever administered P-SNAP.
58 The White House, “Fact Sheet: President Biden’s New Executive Actions Deliver Economic Relief for American 58 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/Families and Businesses Amid the COVID-19 Crises,” press release, January 22, 2021, https://www.whitehouse.gov/
briefing-room/statements-releases/2021/01/22/fact-sheet-president-bidens-new-executive-actions-deliver-economic-briefing-room/statements-releases/2021/01/22/fact-sheet-president-bidens-new-executive-actions-deliver-economic-
relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “Biden relief-for-american-families-and-businesses-amid-the-covid-19-crises/; U.S. Department of Agriculture, “Biden
Administration Expands P-EBT to Benefit Millions of Low-Income and Food Insecure Children During Pandemic: Administration Expands P-EBT to Benefit Millions of Low-Income and Food Insecure Children During Pandemic:
USDA Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments USDA Says SNAP Benefits Are Inadequate for Most Participants and Begins Process to Extend Emergency Allotments
to States and Update Thrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-to States and Update Thrifty Food Plan Formula,” press release, January 22, 2021, https://www.fns.usda.gov/news-
item/usda-001521; and Jessica Shahin and Cindy Long, item/usda-001521; and Jessica Shahin and Cindy Long, Pandemic EBT - State Plans for 2020-2021, USDA, FNS, , USDA, FNS,
Memo to SNAP State Agencies and Child Nutrition State Agencies, January 29, 2021, https://www.fns.usda.gov/sites/Memo to SNAP State Agencies and Child Nutrition State Agencies, January 29, 2021, https://www.fns.usda.gov/sites/
default/files/resource-files/Pandemic%20EBT%20%E2%80%93%20State%20Plans%20for%202020-2021%20default/files/resource-files/Pandemic%20EBT%20%E2%80%93%20State%20Plans%20for%202020-2021%20
Schools%20and%20Child%20Care%20January%202021%20Attachment%202%20Template.pdf. Guidance allows Schools%20and%20Child%20Care%20January%202021%20Attachment%202%20Template.pdf. Guidance allows
states to increase benefits retroactively for school year 2020-2021. states to increase benefits retroactively for school year 2020-2021.
59 See FNS guidance at https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt. 59 See FNS guidance at https://www.fns.usda.gov/snap/state-guidance-coronavirus-pandemic-ebt-pebt.
60 See USDA, FNS, Pandemic EBT (P-EBT) Questions and Answers, April 15, 2020. 60 See USDA, FNS, Pandemic EBT (P-EBT) Questions and Answers, April 15, 2020.
61 FNS has interpreted the FFCRA provision, as originally enacted, as only applying to SNAP jurisdictions. 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 Northern 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. Mariana Islands receive block grants for nutrition assistance in lieu of SNAP.
62 P.L. 116-159, Division D, Title VI, Section 4601. 62 P.L. 116-159, Division D, Title VI, Section 4601.
~~63 P.L. 117-2, §1108, amending P.L. 116-127, §1101.~~
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school year in which there is a COVID-19 public health emergency declaration.63 ARPA also amended the program to allow operation during summer months. Among other changes, the FY2021 Continuing Appropriations Act expanded the program to include  schools with reduced attendance hours due to the pandemic (expanding the program beyond only closed schools); and  children in SNAP households enrolled in child care facilities affected by pandemic closures and reduced hours, as specified in the law. The FY2021 Continuing Appropriations Act also amended the definition of The FY2021 Continuing Appropriations Act also amended the definition of state in the P-EBT in the P-EBT
provisions to include Puerto Rico, American Samoa, and the Northern Mariana Islands. ARPA provisions to include Puerto Rico, American Samoa, and the Northern Mariana Islands. ARPA
elaborated that young children participating in these programs are also eligible for the child care elaborated that young children participating in these programs are also eligible for the child care
expansion. expansion.
Following the initial extension and expansion of the program, the FY2021 Consolidated Following the initial extension and expansion of the program, the FY2021 Consolidated
Appropriations Act included program flexibilities to simplify administration of the potential Appropriations Act included program flexibilities to simplify administration of the potential
expansions beyond closed schools and to young children.64 The law allows states to deem expansions beyond closed schools and to young children.64 The law allows 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 allows for states to use “best feasibly available” data to determine care facilities. Also, the law allows for states to use “best feasibly available” data to determine
school closures and reduced attendance. The Biden Administration published guidance for state school closures and reduced attendance. The Biden Administration published guidance for state
plans, including guidance for implementing the expanded options for the FY2021 Consolidated plans, including guidance for implementing the expanded options for the FY2021 Consolidated
Appropriations Act.65 Appropriations Act.65
As of November 16, 2021, according to the FNS website, 50 states, American Samoa, the District As of November 16, 2021, according to the FNS website, 50 states, American Samoa, the District
of Columbiaof Columbia ~~(DC)~~, Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands , Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands
were approved to operate P-EBT for school year 2020-2021. Forty-six states, American Samoa, were approved to operate P-EBT for school year 2020-2021. Forty-six states, American Samoa,
DCthe District of Columbia, Puerto Rico, and the U.S. Virgin Islands have been approved to operate Summer P-EBT. As , 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 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.67 The pandemic ), and the Child and Adult Care Food Program (CACFP), among others.67 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 all children, and program requirements, the temporary ability for providers to serve free meals to all children, 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~~
~~districts and nonprofit organizations began operating the summer meals programs, which, per~~
~~existing program regulations and guidance, could operate during “unanticipated school closures”~~
~~between October and April with state agency approval (USDA subsequently waived this~~
~~requirement for school year 2020-2021, enabling the summer meal programs to operate~~

63 P.L. 117-2, §1108, amending P.L. 116-127, §1101. 64 P.L. 116-260, Division N, Title VII, §721. 64 P.L. 116-260, Division N, Title VII, §721.
65 Resources available at USDA, FNS, “State Guidance on Coronavirus Pandemic EBT (P-EBT),” 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.
66 Ibid. School year 2020-2021 and summer 2021 information available at https://www.fns.usda.gov/snap/state- 66 Ibid. School year 2020-2021 and summer 2021 information available at https://www.fns.usda.gov/snap/state-
guidance-coronavirus-pandemic-ebt-pebt-schools. guidance-coronavirus-pandemic-ebt-pebt-schools.
67 For background on child nutrition programs, see CRS Report R46234, 67 For background on child nutrition programs, see CRS Report R46234, School Meals and Other Child Nutrition
Programs: Background and Funding. .
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Overview of Changes to Existing Programs and Waiver Authorities 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 existing program regulations and guidance, could operate during “unanticipated school closures” between October and April with state agency approval (USDA subsequently waived this requirement for school year 2020-2021, enabling the summer meal programs to operate regardless of a school’s closure status).68 Other school districts continued operating the school regardless of a school’s closure status).68 Other school districts continued operating the school
meals programs, which USDA clarified could operate during periods of virtual learning.69 meals programs, which USDA clarified could operate during periods of virtual learning.69
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.70 USDA issued was to suspend the requirement that children consume meals in group settings.70 USDA issued
some of these initial waivers using authority under Section 12(l) of the Richard B. Russell some of these initial waivers using authority under Section 12(l) of the Richard B. 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.71 approve waiver requests from state agencies and institutions on a case-by-case basis.71
Enacted on March 18, 2020, FFCRA expanded the types of child nutrition program waivers that Enacted on March 18, 2020, FFCRA expanded the types of child nutrition program waivers that
USDA is allowed to issue during the pandemic: USDA is allowed to issue during the pandemic:
 Section 2102 of FFCRA allows USDA to grant waivers that increase federal costs  Section 2102 of FFCRA allows 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 However, USDA has not used this authority to grant recent waivers.72
 Section 2202 of FFCRA allows USDA to issue waivers on a nationwide (rather  Section 2202 of FFCRA allows USDA to issue waivers on a nationwide (rather
than individual state or provider) basis, allows USDA to waive nutritional than individual state or provider) basis, allows 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 allow waivers to allow ~~non-congregate~~noncongregate feeding in CACFP. The authority to issue feeding in CACFP. The authority to issue
waivers under Section 2202 was originally set to expire on September 30, 2020, waivers under Section 2202 was originally set to expire on September 30, 2020,
but was extended by the FY2021 Continuing Appropriations Act (through but was extended by the FY2021 Continuing Appropriations Act (through
September 30, 2021) and the FY2022 Extending Government Funding and September 30, 2021) and the FY2022 Extending Government Funding and
Delivering Emergency Assistance Act (through June 30, 2022), with the Delivering Emergency Assistance Act (through June 30, 2022), with the
restriction that such waivers apply only to school year 2021-2022.73 These restriction that such waivers apply only to school year 2021-2022.73 These
extensions also provided open-ended funding for such waivers (discussed below). 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.74 One of these—the area eligibility waiver—allowed school districts and~~
~~nonprofits to serve free meals to all children (without eligibility determinations) in school year~~
~~2020-2021 through the Summer Food Service Program (SFSP) and Seamless Summer Option~~

68 For SFSP periods of operation, see, for example, 7 C.F.R. §§225.6(b)(4) and 225.14(a). For SSO periods of 68 For SFSP periods of operation, see, for example, 7 C.F.R. §§225.6(b)(4) and 225.14(a). For SSO periods of
operation, see USDA, FNS, “Comparison of Programs: SFSP/NSLP/Seamless Option,” January 22, 2015, https://fns-operation, see USDA, FNS, “Comparison of Programs: SFSP/NSLP/Seamless Option,” January 22, 2015, https://fns-
prod.azureedge.net/sites/default/files/SFSP_SeamlessComparisonChart.pdf. If a school meets the definition of having a prod.azureedge.net/sites/default/files/SFSP_SeamlessComparisonChart.pdf. If a school meets the definition of having a
continuous school calendar (7 C.F.R. §225.2), then SFSP or SSO may be operated during an unanticipated school (7 C.F.R. §225.2), then SFSP or SSO may be operated during an unanticipated school
closure at any time of the year with state agency approval. The summer meal programs normally operate between May closure at any time of the year with state agency approval. The summer meal programs normally operate between May
and September for children on school vacation. USDA, FNS, “Nationwide Waiver to Allow SFSP and Seamless and September for children on school vacation. USDA, FNS, “Nationwide Waiver to Allow SFSP and Seamless
Summer Option Operations through SY 2020-2021–Extension,” October 9, 2020, https://www.fns.usda.gov/cn/covid-Summer Option Operations through SY 2020-2021–Extension,” October 9, 2020, https://www.fns.usda.gov/cn/covid-
19-response-59. 19-response-59.
69 USDA, FNS, “COVID-19 Congregate Meal Waivers & Q&As on Summer Meal Delivery Using Existing 69 USDA, FNS, “COVID-19 Congregate Meal Waivers & Q&As on Summer Meal Delivery Using Existing
Authority,” April 4, 2020, https://www.fns.usda.gov/sfsp/covid-19/covid-19-meal-delivery. Authority,” April 4, 2020, https://www.fns.usda.gov/sfsp/covid-19/covid-19-meal-delivery.
70 Ibid. 70 Ibid.
71 Section 12(l) prohibits certain types of waivers, including waivers that increase federal costs, relate to the nutritional 71 Section 12(l) prohibits certain types of waivers, including waivers that increase federal costs, relate to the nutritional
content of meals served, and/or relate to the provision of free and reduced price meals. content of meals served, and/or relate to the provision of free and reduced price meals.
72 CRS correspondence with FNS on February 28, 2022. 72 CRS correspondence with FNS on February 28, 2022.
73 P.L. 116-159, Division D, Title VI, §4602(a); P.L. 117-43, Division D, Title I, §3102. 73 P.L. 116-159, Division D, Title VI, §4602(a); P.L. 117-43, Division D, Title I, §3102.
~~74 For a list of child nutrition program waivers that USDA has issued during the pandemic, see USDA FNS, “Child~~
~~Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-responds-covid-19/~~
~~child-nutrition-covid-19-waivers.~~
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Congressional Research Service 18 link to page 24 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic USDA has used the authority under Section 2202 of FFCRA to issue a number of waivers during the pandemic.74 One of these—the area eligibility waiver—allowed school districts and nonprofits to serve free meals to all children (without eligibility determinations) in school year 2020-2021 through the Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) (which is normally only allowed in areas where at least 50% of children qualify for F/RP (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 states starting meals).75 USDA under the Trump Administration made this option available to all states starting
on May 6, 2020, and continued the option through school year 2020-2021.76 on May 6, 2020, and continued the option through school year 2020-2021.76
For school year 2021-2022, USDA under the Biden Administration announced that school For school year 2021-2022, USDA under the Biden Administration announced that school
districts in states that opt into the waiver may choose to operate under a different policy; districts in states that opt into the waiver may choose to operate under a different policy;
specifically, they may choose to operate SSO through June 30, 2022, serve free meals to all specifically, they may choose to operate SSO through June 30, 2022, serve free meals to all
children without eligibility determinations, and receive the higher SFSP reimbursement rates.77 children without eligibility determinations, and receive the higher SFSP reimbursement rates.77
School districts are not required to participate under the SSO waiver, and may instead choose to School districts are not required to participate under the SSO waiver, and may instead choose to
operate NSLP and/or SBP, which require eligibility determinations for F/RP meals. School operate NSLP and/or SBP, which require eligibility determinations for F/RP meals. School
districts that choose to operate NSLP/SBP in school year 2021-2022 receive the NSLP/SBP districts that choose to operate NSLP/SBP in school year 2021-2022 receive the NSLP/SBP
reimbursement rates. (USDA subsequently raised reimbursement rates for all school districts, reimbursement rates. (USDA subsequently raised reimbursement rates for all school districts,
discussed in the discussed in the “Supplemental Funding for Child Nutrition Programs” section.) section.)
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 other waivers.78 Many of these waivers have pertained nutritional requirements for meals, among other waivers.78 Many of these waivers have pertained
to multiple child nutrition programs. 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 billion supplemental appropriation for these programs.79 FNS allocated CARES Act funds to $8.8 billion supplemental appropriation for these programs.79 FNS allocated 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.80 year.80
Subsequently, the FY2021 Continuing Appropriations Act provided “such sums as may be Subsequently, the FY2021 Continuing Appropriations Act provided “such sums as may be
necessary” for child nutrition waivers issued under Section 2202 of FFCRA through September necessary” for child nutrition waivers issued under Section 2202 of FFCRA through September
30, 2021.81 The FY2022 Extending Government Funding Act extended the availability of this 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~~

74 For a list of child nutrition program waivers that USDA has issued during the pandemic, see USDA FNS, “Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-responds-covid-19/child-nutrition-covid-19-waivers. 75 USDA, FNS, “COVID–19: Child Nutrition Response #77,” FNS-GD-2021-0017, March 9, 2021, 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. 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, 76 USDA, FNS, “Nationwide Waiver to Extend Area Eligibility Waivers–Extension 3,” October 9, 2020,
https://www.fns.usda.gov/cn/covid-19-response-60; and USDA, FNS, “COVID–19: Child Nutrition Response #73,” https://www.fns.usda.gov/cn/covid-19-response-60; and USDA, FNS, “COVID–19: Child Nutrition Response #73,”
FNS-GD-2021-0013, March 9, 2021, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-73. FNS-GD-2021-0013, March 9, 2021, https://www.fns.usda.gov/cn/covid-19-child-nutrition-response-73.
77 CRS communication with FNS in June 2021. For a list of waivers specific to the 2021-2022 school year, see USDA, 77 CRS communication with FNS in June 2021. For a list of waivers specific to the 2021-2022 school year, see USDA,
FNS, “School Year 2021-22 Waivers and Flexibilities,” https://www.fns.usda.gov/disaster/pandemic/cn-2021-22-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 In Focus IF11633, waivers-and-flexibilities. For more information about SSO, see CRS In Focus IF11633, Summer Meals for Children:
An Overview of Federal Aid. .
78 USDA, FNS, “Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns- 78 USDA, FNS, “Child Nutrition COVID-19 Waivers,” https://www.fns.usda.gov/programs/fns-disaster-assistance/fns-
responds-covid-19/child-nutrition-covid-19-waivers. responds-covid-19/child-nutrition-covid-19-waivers.
79 P.L. 116-136, Division B, Title I. 79 P.L. 116-136, Division B, Title I.
80 CRS correspondence with FNS in June 2021. 80 CRS correspondence 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 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 this authority to fund waivers in FY2020 or FY2021.~~
~~82 CRS correspondence with FNS on February 28, 2022.~~
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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
During school year 2021-2022, USDA provided two additional sources of funding for school During school year 2021-2022, USDA provided two additional sources of funding for school
meals:83 meals:83
 In December 2021, USDA announced it would distribute $1.5 billion in  In December 2021, USDA announced it would distribute $1.5 billion in
commodity aid through the Commodity Credit Corporation in response to supply commodity aid through the Commodity Credit Corporation in response to supply
chain issues reported by school districts.84 This included $1 billion for school chain issues reported by school districts.84 This included $1 billion for school
districts to purchase their own foods (limited to “unprocessed and minimally districts to purchase their own foods (limited to “unprocessed and minimally
processed domestic food such as fresh fruit, milk, cheese, frozen vegetables and 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 ground meat”), $200 million for states to purchase local foods for distribution to
schools, and $300 million for USDA Food purchases.85 schools, and $300 million for USDA Food purchases.85
 In January 2022, USDA announced the annual reimbursement rate adjustment for  In January 2022, USDA announced the annual reimbursement rate adjustment for
SFSP, which affects school districts using the SFSP reimbursement rates in SFSP, which affects school districts using the SFSP reimbursement rates in
school year 2021-2022 (discussed previously in the school year 2021-2022 (discussed previously in the “Overview of Changes to
Existing Programs and Waiver Authorities” section).86 Based on inflation, the section).86 Based on inflation, the
SFSP reimbursement rates increased 5.8% starting on January 1, 2022, which SFSP reimbursement rates increased 5.8% starting on January 1, 2022, which
USDA estimated would result in roughly $750 million in additional funding for USDA estimated would result in roughly $750 million in additional funding for
school districts from January to June (however, this amount will likely change school districts from January to June (however, this amount will likely change
based on actual participation).87 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 The FY2021 Consolidated Appropriations Act provided “such sums as are necessary” for a
program to cover financial losses experienced by some child nutrition program providers during program to cover financial losses experienced by some child nutrition program providers during
the early months of the pandemic.88 Specifically, the program is to reimburse 27.5% of the the early months of the pandemic.88 Specifically, 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.89 States may opt in to the~~
~~program and participating state agencies are allowed to retain 1% of funds for administrative~~

agency has not used this authority to fund waivers in FY2020 or FY2021. 82 CRS correspondence with FNS on February 28, 2022. 83 For a list of estimated funding by state, see USDA, FNS, “Estimated Amount USDA Provided to School Districts to 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-Support Pandemic Operations and Supply Chain Challenges,” January 6, 2022, https://www.fns.usda.gov/cn/total-
amount-support-to-school-districts. amount-support-to-school-districts.
84 USDA, “USDA Distributes $1.5 Billion to Strengthen School Meal Program,” December 17, 2021, 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. 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, 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,” Few Forks: Schools Scramble to Feed Students Amid Shortages,” New York Times, September 27, 2021, September 27, 2021,
https://www.nytimes.com/2021/09/27/us/politics/schools-labor-supply-shortages.html. https://www.nytimes.com/2021/09/27/us/politics/schools-labor-supply-shortages.html.
85 Ibid. 85 Ibid.
86 USDA, FNS, “Summer Food Service Program; 2022 Reimbursement Rates,” 87 86 USDA, FNS, “Summer Food Service Program; 2022 Reimbursement Rates,” 87 Federal Register 1107, January 10, 1107, January 10,
2022, https://www.federalregister.gov/documents/2022/01/10/2022-00120/summer-food-service-program-2022-2022, 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 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-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. announces-increased-funding-support-school-meals-and-help.
87 USDA, FNS, “Estimated Amount USDA Provided to School Districts to Support Pandemic Operations and Supply 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. 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, §72288 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~~. .
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for providers participating in the school meals programs and/or CACFP.89 States may opt in to the program and participating state agencies are allowed 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.90 enactment.90
Temporary Funding for Meals Served to Young Adults at CACFP Emergency
Shelters
ARPA temporarily allows homeless shelters participating in CACFP to receive federal ARPA temporarily allows 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.91 Normally, CACFP emergency shelters are reimbursed for COVID-19 public health emergency.91 Normally, CACFP emergency shelters are reimbursed for
meals and snacks served to children ages 18 and under.92 This policy applies both to emergency meals and snacks served to children ages 18 and under.92 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).93 the shelter).93
Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC)
Supplemental Appropriation
FFCRA provided a $500 million supplemental appropriation, available through FY2021, for FFCRA provided a $500 million supplemental appropriation, available through FY2021, for
WIC. WIC.
Waivers
In addition, FFCRA gave USDA further authority to grant waivers allowing WIC participants to In addition, FFCRA gave USDA further authority to grant waivers allowing WIC participants to
get certified (or recertified) without being physically present at the WIC clinic (which is normally get certified (or recertified) without being physically present at the WIC clinic (which is normally
required).94 Waiver requests are to be made by state agencies to USDA. Also, FFCRA authorized required).94 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
be met due to COVID-19” and are “necessary to provide assistance” under WIC.95 USDA’s 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 authority to issue these and the physical presence waivers was initially scheduled to sunset after
September 30, 2020. September 30, 2020.
For implementation, USDA provided a wide variety of waiver opportunities to states, including For implementation, USDA provided a wide variety of waiver opportunities to states, including
waivers from physical presence and supplemental food package item flexibility. On September waivers from physical presence and supplemental food package item flexibility. On September
~~21, 2020 (in advance of the authority’s sunset), USDA announced that it was extending certain~~
~~waivers for the duration of the public health emergency.96~~

89 The program establishes an alternative process for new providers with no reimbursement data for 2019. 90 USDA, FNS, “Child Nutrition Program Emergency Operating Costs During COVID-19: Implementation Guidance 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-for State Agencies,” January 26, 2021, https://www.fns.usda.gov/cn/emergency-operating-costs-during-covid-19-
implementation-guidance. implementation-guidance.
91 P.L. 117-2, §1107. 91 P.L. 117-2, §1107.
92 For more information on CACFP emergency shelters, see USDA, FNS, “Child and Adult Care Food Program: 92 For more information on CACFP emergency shelters, see USDA, FNS, “Child and Adult Care Food Program:
Emergency Shelters,” https://www.fns.usda.gov/cacfp/emergency-shelters. Emergency Shelters,” https://www.fns.usda.gov/cacfp/emergency-shelters.
93 For more information on CACFP, see CRS Report R46234, 93 For more information on CACFP, see CRS Report R46234, School Meals and Other Child Nutrition Programs:
Background and Funding. .
94 P.L. 116-127, Division B, Title II, §2203. 94 P.L. 116-127, Division B, Title II, §2203.
95 P.L. 116-127, Division B, Title II, §2204. 95 P.L. 116-127, Division B, Title II, §2204.
~~96 USDA, FNS, “USDA Extends WIC COVID-19 Flexibilities for Duration of the COVID-19 Public Health~~
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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 Shortly thereafter, the FY2021 Continuing Appropriations Act included an extension of the Shortly thereafter, the FY2021 Continuing Appropriations Act included an extension of the
FFCRA waiver authorities through September 30, 2021, and provided open-ended funding FFCRA waiver authorities through September 30, 2021, and provided open-ended funding
authority for the waivers.97 authority for the waivers.97 USDA’s September 20, 2021, guidance extends certain WIC waivers until 90 days after the end of the nationally declared public health emergency.98 On December 21, 2021, USDA published a preliminary report on On December 21, 2021, USDA published a preliminary report on
waivers granted during the COVID-19 pandemic, with emphasis on the physical presence and waivers granted during the COVID-19 pandemic, with emphasis on the physical presence and
remote benefit issuance waivers.remote benefit issuance waivers.9899
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.99100 The task force, with certain representations specified, was The task force, with certain representations specified, was
to study measures “to streamline the redemption of supplemental food benefits that promote to 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 selfcurbside pickup and payment; and online and telephonic purchasing, home delivery, and self
-checkout. The task force was required to convey its findings and recommendations to the checkout. The task force was required to convey its findings and recommendations to the
Secretary of Agriculture by September 30, 2021Secretary of Agriculture by September 30, 2021, and submitted its report on December 9, 2021 and submitted its report on December 9, 2021
(and terminated on that date).(and terminated on that date).~~100~~101
Temporary Increases to Cash Value Vouchers
Non-infant WIC participants receive a cash value voucher or cash value benefit (CVV/B), Non-infant WIC participants receive a cash value voucher or cash value benefit (CVV/B),
redeemable for fruits and vegetables, as part of their WIC food package. ARPA authorizes an redeemable for fruits and vegetables, as part of their WIC food package. ARPA authorizes an
increase for the CVV/B.increase for the CVV/B.~~101~~102 Under prior regulation, WIC participants receive $9 per month per Under prior regulation, WIC participants receive $9 per month per
child and $11 per month for mothers.child and $11 per month for mothers.~~102~~103 During the COVID-19 public health emergency, the During the COVID-19 public health emergency, the
ARPA provision authorized USDA to approve state requests for increasing the CVV/B up to a ARPA provision authorized USDA to approve state requests for increasing the CVV/B up to a
$35 maximum for a four-month period; state increases could only be made for FY2021 $35 maximum for a four-month period; state increases could only be made for FY2021
benefits.benefits.~~103~~104 ARPA authorized and appropriated $490 million for this purpose, available through ARPA authorized and appropriated $490 million for this purpose, available through
FY2022. 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~~

96 USDA, FNS, “USDA Extends WIC COVID-19 Flexibilities for Duration of the COVID-19 Public Health Emergency,” news release, September 21, 2020, https://www.fns.usda.gov/news-item/usda-038020. Emergency,” news release, September 21, 2020, https://www.fns.usda.gov/news-item/usda-038020.
97 P.L. 116-159, Division D, Title VI, §4602. 97 P.L. 116-159, Division D, Title VI, §4602.
98 USDA, FNS, 98 USDA, FNS, Updated Expiration Schedule for Existing FNS-Approved WIC COVID-19 Waivers, Memo to Regional Directors and WIC State Agency Directors, September 20, 2021, https://www.fns.usda.gov/wic/policy-memorandum-2021-10. 99 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-, 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 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 waiver reporting requirements. Further reporting, including findings on the impacts of other FFCRA WIC waivers, will
be published in a forthcoming report.” be published in a forthcoming report.”
99100 P.L. 116-260, Division N, Title VII, §723. P.L. 116-260, Division N, Title VII, §723.
~~100~~101 Task force membership and the report to Congress are available at https://www.fns.usda.gov/wic/task-force- Task force membership and the report to Congress are available at https://www.fns.usda.gov/wic/task-force-
supplemental-foods-delivery. supplemental-foods-delivery.
~~101~~102 P.L. 117-2, §1105. P.L. 117-2, §1105.
~~102~~103 See USDA, FNS, See USDA, FNS, Increase in the Cash Value Voucher for Pregnant, Postpartum, and Breastfeeding Women, Memo , Memo
to All State Agencies, All Regions, et al., June 25, 2015, https://www.fns.usda.gov/wic/increase-cash-value-voucher-to All State Agencies, All Regions, et al., June 25, 2015, https://www.fns.usda.gov/wic/increase-cash-value-voucher-
pregnant-postpartum-and-breastfeeding-women. pregnant-postpartum-and-breastfeeding-women.
~~103~~104 See also USDA, FNS, Implementation of the American Rescue Plan Act of 2021 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.~~
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State Agency Option to Congressional Research Service 22 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic 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.105 First, as opposed to ARPA’s creation of a state option, the more recent law required USDA to implement 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; 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 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 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 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 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 postpartum women participants, and $47 for fully and partially breastfeeding women
participants.participants.~~105~~106
Funding for Program Modernization
ARPA authorized and appropriated $390 million for USDA “to carry out outreach, innovation, ARPA authorized and appropriated $390 million for USDA “to carry out outreach, innovation,
and program modernization efforts, including appropriate waivers and flexibility, to increase 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 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. 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 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 funds, and has formally requested feedback on a potential Center for WIC Modernization and
Delivery.Delivery.~~106~~107
Food Distribution Programs
The Emergency Food Assistance Program (TEFAP)
TEFAP provides federally purchased foods and administrative funds to states for distribution to TEFAP provides federally purchased foods and administrative funds to states for distribution to
emergency feeding organizations, including food banks, food pantries, and soup kitchens.emergency feeding organizations, including food banks, food pantries, and soup kitchens.~~107~~108
In addition to its usual sources of funding, In addition to its usual sources of funding,~~108~~109 TEFAP received dedicated funding to respond to the TEFAP received dedicated funding to respond to the
COVID-19 pandemic under three pandemic response laws (all of which had to be obligated by COVID-19 pandemic under three pandemic response laws (all of which had to be obligated by
September 30, 2021): 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~~ 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. 105 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. 106 USDA, FNS, 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 , Memo to All State Agencies, All Regional
Offices, October 6, 2021, https://www.fns.usda.gov/wic/extending-government-funding-and-delivering-emergency-Offices, October 6, 2021, https://www.fns.usda.gov/wic/extending-government-funding-and-delivering-emergency-
assistance. assistance.
~~106~~107 See USDA, FNS, 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 , Memo
to All State Agencies, September 29, 2021, https://www.fns.usda.gov/wic/outreach-innovation-and-program-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,” 86modernization; USDA, FNS, “Request for Information: Center for WIC Modernization and Delivery,” 86 Federal
Register 6172, November 8, 2021. 6172, November 8, 2021.
~~107~~108 For background on TEFAP, see CRS Report R45408, For background on TEFAP, see CRS Report R45408, The Emergency Food Assistance Program (TEFAP):
Background and Funding. .
~~108~~109 Ibid (see “Table 1. TEFAP Funding, FY2021”). 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.~~
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  FFCRA provided $400 million for TEFAP, up to $100 million of which can be used for food distribution costs;110  the CARES Act provided $450 million for TEFAP, up to $150 million of which can be used for food distribution costs;111 and  the FY2021 Consolidated Appropriations Act provided a supplemental the FY2021 Consolidated Appropriations Act provided a supplemental
appropriation of $400 million for TEFAP, up to 20% of which ($80 million) can appropriation of $400 million for TEFAP, up to 20% of which ($80 million) can
be used for food distribution costs.be used for food distribution costs.~~111~~112
FNS allocated these funds using the state allocation formula specified in TEFAP regulations. FNS allocated these funds using the state allocation formula specified in TEFAP regulations.~~112~~113
In addition to this specific funding for TEFAP, USDA used emergency authorities to make 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 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 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 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 entitlement commodity funding (up to $100 million of which may be used for administrative
costs) for TEFAP in FY2022.costs) for TEFAP in FY2022.~~113~~114 States (in consultation with emergency feeding organizations) States (in consultation with emergency feeding organizations)
may use the food funding toward fresh produce boxes (continuing an initiative USDA announced 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.earlier in 2021) or for staple items including vegetables, meats, dairy, and eggs.~~114~~115 In addition, In addition,
USDA announced the use of $100 million in ARPA funding for new TEFAP Reach and USDA announced the use of $100 million in ARPA funding for new TEFAP Reach and
Resiliency competitive grants.Resiliency competitive grants.~~115~~116 These grants are set up to fund TEFAP state agencies in 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 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.communities” and cover expenses such as equipment, warehouse, staff, and training.~~116~~117 USDA USDA
expects to award the first round of funding ($50 million) in spring 2022.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~~118 110 P.L. 116-127, Division A, Title I. 111 P.L. 116-136, Division B, Title I. 112 P.L. 116-260, Division N, Title VII, §711. P.L. 116-260, Division N, Title VII, §711.
~~112~~113 For TEFAP’s state allocation formula, see 7 C.F.R. §251.3(h) or the “State Allocation Formula” section of CRS For TEFAP’s state allocation formula, see 7 C.F.R. §251.3(h) or the “State Allocation Formula” section of CRS
Report R45408, Report R45408, The Emergency Food Assistance Program (TEFAP): Background and Funding. For USDA’s guidance . For USDA’s guidance
on the distribution of supplemental funds, see USDA, FNS, “Additional Information on FY 2020 Funding Sources for on the distribution of supplemental funds, see USDA, FNS, “Additional Information on FY 2020 Funding Sources for
TEFAP,” June 12, 2020, https://www.fns.usda.gov/tefap/additional-information-fy-2020-funding-sources; USDA, TEFAP,” June 12, 2020, https://www.fns.usda.gov/tefap/additional-information-fy-2020-funding-sources; USDA,
FNS, “The Emergency Food Assistance Program (TEFAP): Allocation of Coronavirus Aid, Relief, and Economic FNS, “The Emergency Food Assistance Program (TEFAP): Allocation of Coronavirus Aid, Relief, and Economic
Security Act Supplemental Appropriations,” April 24, 2020; USDA, FNS, “2020 TEFAP FFCRA Allocation Security Act Supplemental Appropriations,” April 24, 2020; USDA, FNS, “2020 TEFAP FFCRA Allocation
Worksheet,” April 17, 2020, https://www.fns.usda.gov/disaster/pandemic/covid-19/tefap-ffcra-allocation-worksheet; Worksheet,” April 17, 2020, https://www.fns.usda.gov/disaster/pandemic/covid-19/tefap-ffcra-allocation-worksheet;
USDA, FNS, “Fiscal Year 2021 Food and Administrative Funding for The Emergency Food Assistance Program,” USDA, FNS, “Fiscal Year 2021 Food and Administrative Funding for The Emergency Food Assistance Program,”
February 16, 2021, https://www.fns.usda.gov/tefap/fiscal-year-2021-funding; and USDA, FNS, “FY2022 USDA February 16, 2021, https://www.fns.usda.gov/tefap/fiscal-year-2021-funding; and USDA, FNS, “FY2022 USDA
Explanatory Notes – Food and Nutrition Service,” p. 34-129, https://www.usda.gov/sites/default/files/documents/Explanatory Notes – Food and Nutrition Service,” p. 34-129, https://www.usda.gov/sites/default/files/documents/
34FNS2022Notes.pdf. 34FNS2022Notes.pdf.
~~113~~114 P.L. 116-136, Division B, Title 1, “Office of the Secretary”; USDA, FNS, “TEFAP: Allocation of Supplemental 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 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. Act),” August 4, 2021, https://www.fns.usda.gov/tefap/allocation-cares-act-build-back-better.
~~114~~115 USDA, AMS, “Pre-Solicitation Announcement for Cares Act TEFAP Purchase Plan,” August 18, 2021, 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, 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. “TEFAP Fresh Produce,” March 30, 2021, https://www.fns.usda.gov/tefap/fresh-produce.
~~115~~116 P.L. 117-2, §1001(b)(4); and USDA, “USDA Establishes Food Purchase Program to Transform the Food System, 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/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. 06/usda-establishes-food-purchase-program-transform-food-system-build.
~~116~~117 USDA, FNS, “The Emergency Food Assistance Program (TEFAP) Reach and Resiliency Grants: Fiscal Year 2022 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-Request for Applications (RFA),” CFDA 10.568, December 6, 2021, https://www.grants.gov/web/grants/view-
opportunity.html?oppId=336843. opportunity.html?oppId=336843.
~~117~~118 Ibid; and USDA, FNS, “TEFAP Reach and Resiliency Grant Initiative,” https://www.fns.usda.gov/tefap/reach- Ibid; and USDA, FNS, “TEFAP Reach and Resiliency Grant Initiative,” https://www.fns.usda.gov/tefap/reach-
resiliency-grant. 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.~~
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Congressional Research Service 24 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic 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.119
Local Food Purchase Assistance Cooperative Agreement Program
While not a TEFAP program, but intended to support local feeding organizations, USDA also announced in 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) 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).cooperative agreement (noncompetitive) program administered by the Agricultural Marketing Service (AMS).~~119~~120
This program is to fund state and tribal governments in making local and regional food purchases from socially This program is to fund state and tribal governments in making local and regional food purchases from socially
disadvantaged farmers and ranchers.disadvantaged farmers and ranchers.~~120~~121 Foods are to be delivered to underserved communities, with the help of 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 nonprofit organizations when desired, including communities not served by traditional food distribution networks
like TEFAP.like TEFAP.~~121~~122
Food Distribution Program on Indian Reservations (FDPIR)
The CARES Act provided $100 million to the FDPIR, of which $50 million was for facility 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 improvements and equipment upgrades and $50 million was for the costs related to additional
food purchases. food purchases.
In FY2020, FNS awarded over $40 million in grants for facility improvements and equipment 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 upgrades to 97 Indian Tribal Organizations (ITOs) and state agencies (SAs) that administer
FDPIR.FDPIR.~~122~~123 These grants were awarded for purposes such as changes to physical space to These grants were awarded for purposes such as changes to physical space to
accommodate social distancing and computer system upgrades to accommodate remote work. accommodate social distancing and computer system upgrades to accommodate remote work.
Commodity Supplemental Food Program (CSFP)
In addition to the annual funding provided, the FY2021 Consolidated Appropriations Act In addition to the annual funding provided, the FY2021 Consolidated Appropriations Act
included $13 million in supplemental funding for CSFP, available through FY2021.included $13 million in supplemental funding for CSFP, available through FY2021.~~123~~124 Up to 20% Up to 20%
of the funding is available for state administrative expenses. of the funding is available for state administrative expenses.
ARPA provided $37 million for CSFP, to remain available through FY2022. ARPA provided $37 million for CSFP, to remain available through FY2022.~~124~~
~~Other USDA Initiatives~~
~~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,~~
~~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~~
~~used funding provided in the COVID-19 pandemic response laws (discussed further below). FNS~~

~~119~~125 119 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. 120 P.L. 117-2, §1001(b)(4); and USDA, “USDA Establishes Food Purchase Program to Transform the Food System, 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/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. 06/usda-establishes-food-purchase-program-transform-food-system-build.
~~120~~121 For the purposes of LFPA, USDA defines For the purposes of LFPA, USDA defines local and regional food as a distance of no more than 400 miles between 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 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 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 (B&I) loan program, which has a definition of locally or regionally produced agricultural food products codified at 7 codified at 7
U.S.C. Section 1932. U.S.C. Section 1932.
~~121~~122 USDA, AMS, “Local Food Purchase Assistance Cooperative Agreement Program (LFPA): Fiscal Year 2022 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. Request for Applications,” December 6, 2021, https://www.ams.usda.gov/sites/default/files/media/LFPA_RFA.pdf.
~~122~~123 USDA, FNS, “USDA Foods from Farm to Plate: FDPIR Connection,” e-bulletin, October 2020. USDA, FNS, “USDA Foods from Farm to Plate: FDPIR Connection,” e-bulletin, October 2020.
~~123~~124 P.L. 116-260, Division N, Title VII, §712. P.L. 116-260, Division N, Title VII, §712.
~~124~~125 P.L. 117-2, §1104. P.L. 117-2, §1104.
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Other USDA Initiatives 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, 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 used funding provided in the COVID-19 pandemic response laws (discussed further below). FNS also activated Disaster Household Distribution programs in certain states and tribal nations during also activated Disaster Household Distribution programs in certain states and tribal nations during
the early months of the pandemic. the early months of the pandemic.
Farmers to Families Food Box Program
AMS, in consultation with FNS, operated the Farmers to Families Food Box program from May AMS, in consultation with FNS, operated the Farmers to Families Food Box program from May
2020 to May 2021.2020 to May 2021.~~125~~126
On April 17, 2020, USDA announced a Coronavirus Food Assistance Program (CFAP) to provide On April 17, 2020, USDA announced a Coronavirus Food Assistance Program (CFAP) to provide
direct relief to farmers and ranchers for lost commodities markets.direct relief to farmers and ranchers for lost commodities markets.~~126~~127 A smaller part of CFAP was A smaller 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. Specifically, the program provided fresh fruits and kind foods to households during the pandemic. Specifically, 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.~~127~~128 The stated goals of the program were to expedite federally sponsored food The stated goals of the program were to expedite federally sponsored food
deliveries to food banks and other feeding organizations and to “sell food previously destined for deliveries to food banks and other feeding organizations and to “sell food previously destined for
restaurants and bulk purchasers to distributors, preventing waste.”restaurants and bulk purchasers to distributors, preventing waste.”~~128~~129
Unlike other USDA nutrition assistance programs, state agencies did not play a direct role in the 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.administration of the Farmers to Families Food Box program.~~129~~130 Instead, AMS awarded contracts Instead, AMS awarded contracts
directly to suppliers through a solicitation process. According to the terms of the 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 suppliers packaged products into “family-sized boxes” and distributed the boxes to food banks
and other recipient organizations selected by the supplier.and other recipient organizations selected by the supplier.~~130~~131 Recipient organizations were Recipient organizations were
nonprofits with 501(c)(3) tax exemption status or local government agencies that could 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 “demonstrate that they have the operational and financial capability to receive, store and
distribute requested food items.”distribute requested food items.”~~131~~132 Nonprofit recipients also agreed to serve only “needy people, Nonprofit recipients also agreed to serve only “needy people,
or the food insecure population.”or the food insecure population.”~~132~~133 Contents of the boxes differed over time, but included fresh 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~~126 USDA, AMS, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to- 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. families-food-box, accessed on August 3, 2021.
~~126~~127 For more information on the Coronavirus Food Assistance Program, see CRS Report R46347, For more information on the Coronavirus Food Assistance Program, see CRS Report R46347, COVID-19, U.S.
Agriculture, and USDA’s Coronavirus Food Assistance Program (CFAP); and CRS Report R46348, ; and CRS Report R46348, COVID-19:
Supply Chain Disruptions in the U.S. Fruit and Vegetable Industry: In Brief. .
~~127~~128 USDA, “USDA Announces Coronavirus Food Assistance Program,” April 17, 2020, https://www.usda.gov/media/ USDA, “USDA Announces Coronavirus Food Assistance Program,” April 17, 2020, https://www.usda.gov/media/
press-releases/2020/04/17/usda-announces-coronavirus-food-assistance-program. press-releases/2020/04/17/usda-announces-coronavirus-food-assistance-program.
~~128~~129 USDA, Agricultural Marketing Service (AMS), “Farmers to Families Food Box Infographic,” USDA, Agricultural Marketing Service (AMS), “Farmers to Families Food Box Infographic,”
https://www.ams.usda.gov/sites/default/files/media/FarmerstoFamiliesFoodBox.pdf; USDA, AMS webinar on April https://www.ams.usda.gov/sites/default/files/media/FarmerstoFamiliesFoodBox.pdf; USDA, AMS webinar on April
21, 2020, recording available at https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box. 21, 2020, recording available at https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box.
~~129~~130 See CRS Report R42353, See CRS Report R42353, Domestic Food Assistance: Summary of Programs. .
~~130~~131 USDA, AMS, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to- 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. families-food-box, accessed on August 3, 2021.
~~131~~132 USDA, AMS, “Farmers to Families Food Box Program FAQs,” April 27, 2020, https://www.ams.usda.gov/ 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. publications/content/farmers-families-food-box-program-faqs.
~~132~~133 USDA, AMS, Solicitation 12-3J14-20-B-0588, p. 30, https://www.ams.usda.gov/sites/default/files/media/FFFB_ USDA, AMS, Solicitation 12-3J14-20-B-0588, p. 30, https://www.ams.usda.gov/sites/default/files/media/FFFB_
~~solicitationRound3.pdf.~~
~~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.~~
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Congressional Research Service 26 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic fruit and vegetables, dairy products, fluid milk, precooked meats (initially pork and poultry, and later beef and seafood), or a combination of these items.134 The Biden Administration ended the Farmers to Families Food Box program on May 31, 2021. The Biden Administration ended the Farmers to Families Food Box program on May 31, 2021.~~134~~135
Over the course of the program, USDA allocated approximately $6 billion on five separate rounds 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 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.~~135~~136 Actual expenditures were closer to Actual expenditures were closer to
$3.57 billion, which funded 120.5 million food boxes distributed between May 2020 and October $3.57 billion, which funded 120.5 million food boxes distributed between May 2020 and October
31, 2020.31, 2020.~~136~~137 On October 23, 2020, USDA announced $500 million for a fourth round of awards On October 23, 2020, USDA announced $500 million 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.~~137~~138 Actual expenditures for the fourth round were approximately $463 Actual expenditures for the fourth round were approximately $463
million, which funded 12.4 million food boxes.million, which funded 12.4 million food boxes.~~138~~139 The fifth round of the program, announced on The fifth round of the program, announced on
January 4, 2021, used $1.4 billion in FY2021 Consolidated Appropriations Act funds and January 4, 2021, used $1.4 billion in FY2021 Consolidated Appropriations Act funds and
sponsored deliveries through the end of May 2021.sponsored deliveries through the end of May 2021.~~139~~140
Emergency Meals to You
FNS created and operated the Emergency Meals to You program from March 2020 to August FNS created and operated the Emergency Meals to You program from March 2020 to August
2020 in response to the COVID-19 pandemic.2020 in response to the COVID-19 pandemic.~~140~~141 Modeled off the Summer Meals-to-You solicitationRound3.pdf. 134 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. 135 ~~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, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to- 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. The Administration also communicated its intentions to apply “lessons families-food-box, accessed on August 3, 2021. The Administration also communicated its intentions to apply “lessons
learned” from the food box program into future activities, including announcing a fresh produce box option through learned” from the food box program into future activities, including announcing a fresh produce box option through
TEFAP. TEFAP.
~~135~~136 P.L. 116-127, Division A, Title I, §1101(g). Section 1108 of ARPA subsequently reauthorized open-ended funding P.L. 116-127, Division A, Title I, §1101(g). Section 1108 of ARPA subsequently reauthorized open-ended funding
under Section 1101(g) of FFCRA for USDA to purchase and distribute commodities during a public health emergency. under Section 1101(g) of FFCRA for USDA to purchase and distribute commodities during a public health emergency.
USDA, AMS, “Notice of Funds Availability (NOFA); Purchase of Fruit, Vegetable, Dairy, and Meat Products Due to USDA, AMS, “Notice of Funds Availability (NOFA); Purchase of Fruit, Vegetable, Dairy, and Meat Products Due to
COVID-19 National Emergency-USDA Food Box Distribution Program,” 85 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-meat-products-due-to. fruit-vegetable-dairy-and-meat-products-due-to.
~~136~~137 Data as of January 11, 2021. USDA, AMS, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling- Data as of January 11, 2021. USDA, AMS, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-
food-to-usda/farmers-to-families-food-box, accessed on August 3, 2021. food-to-usda/farmers-to-families-food-box, accessed on August 3, 2021.
~~137~~138 USDA, “USDA Announces Fourth Round of the Farmers to Families Food Box Program,” Release No. 0429.20, USDA, “USDA Announces Fourth Round of the Farmers to Families Food Box Program,” Release No. 0429.20,
October 23, 2020, https://www.usda.gov/media/press-releases/2020/10/23/usda-announces-fourth-round-farmers-October 23, 2020, https://www.usda.gov/media/press-releases/2020/10/23/usda-announces-fourth-round-farmers-
families-food-box-program. According to CRS correspondence with AMS on November 19, 2020, the fourth round of families-food-box-program. According to CRS correspondence with AMS on November 19, 2020, the fourth round of
purchases is funded from unobligated funds under the CARES Act (P.L. 116-136), Division B, Agricultural Programs, purchases is funded from unobligated funds under the CARES Act (P.L. 116-136), Division B, Agricultural Programs,
Office of the Secretary that were previously available for payments to farmers in another part of the CFAP. Office of the Secretary that were previously available for payments to farmers in another part of the CFAP.
~~138~~139 USDA AMS, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families- USDA AMS, “Farmers to Families Food Box,” https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-
food-box, accessed on August 3, 2021. food-box, accessed on August 3, 2021.
~~139~~140 USDA, “USDA Announces Continuation of the Farmers to Families Food Box Program, Fifth Round of Food 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-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, 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. Division N, Title VII, §751; expenditures as provided by USDA, AMS, on August 4, 2021.
~~140~~141 According to FNS, the Emergency Meals to You demonstration was established using authority from Section 749(g) 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, 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, 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~~

Congressional Research Service 27 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic 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.142 School districts were eligible to participate in Emergency Meals to You if they (1) participated in the NSLP, (2) had at least 50% of students qualified for free or reduced-priced (1) participated in the NSLP, (2) had at least 50% of students qualified for free or reduced-priced
meals (or participated in the Community Eligibility Provision [CEP]), (3) were closed for at least meals (or participated in the Community Eligibility Provision [CEP]), (3) were closed for at least
four weeks, and (4) were located in a rural area.four weeks, and (4) were located in a rural area.~~142~~143 Households with eligible children that signed Households with eligible children that signed
up for the program were to receive a box containing 10 breakfasts and 10 lunches, including a up for the program were to receive a box containing 10 breakfasts and 10 lunches, including a
combination of shelf-stable items, every two weeks by mail.combination of shelf-stable items, every two weeks by mail.~~143~~144 Total expenditures were Total expenditures were
approximately $123 million, which FNS said funded more than 40 million meals delivered to approximately $123 million, which FNS said funded more than 40 million meals delivered to
approximately 400,000 children across the United States.approximately 400,000 children across the United States.~~144~~145
Disaster Household Distribution
During a presidentially declared disaster or emergency, states may be able to repurpose existing During a presidentially 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.~~145~~146 Under one program option, Disaster Under one program option, Disaster
Household Distribution, USDA may approve requests from states and tribes to repurpose USDA 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.Foods for direct distribution to households in areas affected by an emergency or disaster.~~146~~147
USDA later replenishes or reimburses federal nutrition assistance programs for USDA Foods USDA later replenishes or reimburses federal nutrition assistance programs for USDA Foods
reprogrammed for disaster/emergency feeding during a presidentially declared disaster or reprogrammed for disaster/emergency feeding during a presidentially declared disaster or
emergency.emergency.~~147~~148 Disaster Household Distribution facilitates faster distribution to households by Disaster Household Distribution facilitates faster distribution to households by
reducing administrative requirements (e.g., removing eligibility determinations); however, it reducing administrative requirements (e.g., removing eligibility determinations); however, it
temporarily results in lower USDA Foods inventory for other federal nutrition assistance temporarily results in lower USDA Foods inventory for other federal nutrition assistance
programs. programs.
Following the presidential emergency declaration for COVID-19, USDA approved requests from 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 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.~~

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/. 142 USDA, “USDA Meals to You Partnership Delivers Nearly 30 Million Meals,” July 16, 2020, https://www.fns.usda.gov/news-item/usda-032420; USDA, FNS, “Meals to You Frequently Asked Questions (FAQs),” https://www.fns.usda.gov/news-item/usda-032420; USDA, FNS, “Meals to You Frequently Asked Questions (FAQs),”
https://mealstoyou.org/emtyfaqs/. For more information on the Summer Meals-to-You program, see CRS In Focus https://mealstoyou.org/emtyfaqs/. For more information on the Summer Meals-to-You program, see CRS In Focus
IF11633, IF11633, Summer Meals for Children: An Overview of Federal Aid. .
~~142~~143 Ibid. Ibid.
~~143~~144 Sample items include “Protein: Milk, Chicken Salad, Hummus, Beef Stick, Bean Dip, Cheese, Sunflower Kernels; Sample items include “Protein: Milk, Chicken Salad, Hummus, Beef Stick, Bean Dip, Cheese, Sunflower Kernels;
Whole Grains: Tortilla Chips, Corn Chips, Crackers, Oatmeal Bars, Cereal; Vegetables: Salsa Cup, Marinara Cup, Whole Grains: Tortilla Chips, Corn Chips, Crackers, Oatmeal Bars, Cereal; Vegetables: Salsa Cup, Marinara Cup,
100% Veg/Fruit Juice; Fruit: Applesauce, Raisins, Craisins, Fruit Cup, 100% Fruit Juice.” 100% Veg/Fruit Juice; Fruit: Applesauce, Raisins, Craisins, Fruit Cup, 100% Fruit Juice.”
~~144~~ 145 CRS correspondence with FNS in February 2021; USDA, “Secretary Perdue Applauds USDA’s 2020 CRS correspondence with FNS in February 2021; USDA, “Secretary Perdue Applauds USDA’s 2020
Accomplishments,” December 16, 2020, https://www.usda.gov/media/press-releases/2020/12/16/secretary-perdue-Accomplishments,” December 16, 2020, https://www.usda.gov/media/press-releases/2020/12/16/secretary-perdue-
applauds-usdas-2020-accomplishments. applauds-usdas-2020-accomplishments.
~~145~~146 For more information on Disaster Household Distribution and related USDA emergency food distribution options, For more information on Disaster Household Distribution and related USDA emergency food distribution options,
see CRS Report R46432, see CRS Report R46432, Food Banks and Other Emergency Feeding Organizations: Federal Aid and the Response to
COVID-19. .
~~146~~147 7 C.F.R. §250.69; USDA, FNS, Food Distribution Division, “USDA Foods Program Disaster Manual,” revised 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. 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~~

148 7 C.F.R. §250.69(g). Congressional Research Service 28 USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic during the early months of the pandemic.149 These approvals had different timeframes but typically 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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149 USDA, FNS, “Disaster Household Distribution,” June 11, 2020, https://www.fns.usda.gov/usda-foods/covid-19-disaster-household-distribution. Congressional Research Service Congressional Research Service
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