The Emergency Food Assistance Program
June 15, 2022July 11, 2023
(TEFAP): Background and Funding
Kara Clifford Billings
The Emergency Food Assistance Program (TEFAP) is a federal food distribution program that
The Emergency Food Assistance Program (TEFAP) is a federal food distribution program that
Analyst in Social Policy
Analyst in Social Policy
supports food banks, food pantries, soup kitchens, and other emergency feeding organizations
supports food banks, food pantries, soup kitchens, and other emergency feeding organizations
serving low-income Americans. Federal assistance takes the form of federally purchased
serving low-income Americans. Federal assistance takes the form of federally purchased
commodities—including fruits, vegetables, meats, and grains—and funding for administrative commodities—including fruits, vegetables, meats, and grains—and funding for administrative
costs. Food aid and funds are distributed to states using a statutory formula that takes into
costs. Food aid and funds are distributed to states using a statutory formula that takes into
account poverty and unemployment rates. TEFAP is administered by the U.S. Department of Agriculture’s (USDA’s) Food account poverty and unemployment rates. TEFAP is administered by the U.S. Department of Agriculture’s (USDA’s) Food
and Nutrition Service (FNS). and Nutrition Service (FNS).
TEFAP was established as the Temporary Emergency Food Assistance Program by the Emergency Food Assistance Act of
TEFAP was established as the Temporary Emergency Food Assistance Program by the Emergency Food Assistance Act of
1983. The Emergency Food Assistance Act continues to govern program operations, while the Food and Nutrition Act 1983. The Emergency Food Assistance Act continues to govern program operations, while the Food and Nutrition Act
authorizes funding for TEFAP’s entitlement commodities. TEFAP also incorporates bonus commodities, which are authorizes funding for TEFAP’s entitlement commodities. TEFAP also incorporates bonus commodities, which are
distributed at USDA’s discretion throughout the year to support different crops using separate budget authority. A smaller distributed at USDA’s discretion throughout the year to support different crops using separate budget authority. A smaller
amount of discretionary funding is appropriated annually to cover administrative and distribution costs under Emergency amount of discretionary funding is appropriated annually to cover administrative and distribution costs under Emergency
Food Assistance Act authority. In addition to normal aid, additional commodities and administrative funds have been Food Assistance Act authority. In addition to normal aid, additional commodities and administrative funds have been
distributed through TEFAP in recent years as a result of USDA’s Trade Mitigation Food Purchase and Distribution Program distributed through TEFAP in recent years as a result of USDA’s Trade Mitigation Food Purchase and Distribution Program
and supplemental appropriations from COVID-19 pandemic response laws. In and supplemental appropriations from COVID-19 pandemic response laws. In
FY2021FY2022, federal spending on TEFAP was , federal spending on TEFAP was
nearlyapproximately $1.6 billion. $1.6 billion.
FNS coordinates the purchasing of commodities and the allocation of commodities and administrative funds to states, and
FNS coordinates the purchasing of commodities and the allocation of commodities and administrative funds to states, and
provides general program oversight. State agencies—often state departments of health and human services, agriculture, or provides general program oversight. State agencies—often state departments of health and human services, agriculture, or
education—determine program eligibility rules and allocations of aid to feeding organizations (called education—determine program eligibility rules and allocations of aid to feeding organizations (called
recipient agencies). ).
States often task food banks, which operate regional warehouses, with distributing foods to other recipient agencies. TEFAP States often task food banks, which operate regional warehouses, with distributing foods to other recipient agencies. TEFAP
aid makes up a modest proportion of the food and funds available to emergency feeding organizations, which are reliant on aid makes up a modest proportion of the food and funds available to emergency feeding organizations, which are reliant on
private donations as well. private donations as well.
TEFAP is the primary federal program supporting emergency feeding organizations. Other related food distribution programs
TEFAP is the primary federal program supporting emergency feeding organizations. Other related food distribution programs
focus on specific subpopulations; for example, the Federal Emergency Management Agency’s (FEMA’s) Emergency Food focus on specific subpopulations; for example, the Federal Emergency Management Agency’s (FEMA’s) Emergency Food
and Shelter Program distributes food to organizations serving homeless individuals and USDA’s Commodity Supplemental and Shelter Program distributes food to organizations serving homeless individuals and USDA’s Commodity Supplemental
Food Program distributes food to organizations serving older individuals with low incomes. Food Program distributes food to organizations serving older individuals with low incomes.
TEFAP is typically amended and reauthorized through farm bills. Most recently, the 2018 farm bill (P.L. 115-334) extended
TEFAP is typically amended and reauthorized through farm bills. Most recently, the 2018 farm bill (P.L. 115-334) extended
funding for TEFAP’s entitlement commodities through FY2023. The law also funded new projects aimed at facilitating funding for TEFAP’s entitlement commodities through FY2023. The law also funded new projects aimed at facilitating
donations from farmers and other agricultural producers, processors, and distributors to emergency feeding organizations. donations from farmers and other agricultural producers, processors, and distributors to emergency feeding organizations.
Recent program developments include the program’s use in response to the COVID-19 pandemic, grants aimed at expanding Recent program developments include the program’s use in response to the COVID-19 pandemic, grants aimed at expanding
TEFAP’s reach into underserved areas, and TEFAP’s receipt of trade mitigation commodities. TEFAP’s reach into underserved areas, and TEFAP’s receipt of trade mitigation commodities.
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2428 The Emergency Food Assistance Program (TEFAP): Background and Funding
Contents
Introduction ..................................................................................................................................... 1
The Demand for Emergency Food Assistance ................................................................................ 3
Characteristics of Emergency Food Recipients ......................................................................... 4 Characteristics of Emergency Feeding Organizations .............................................................. 5
Program Administration .................................................................................................................. 56
Federal Role .............................................................................................................................. 56
State Role .................................................................................................................................. 6
Local Role ................................................................................................................................. 7
Eligibility Rules for Individuals and Households............................................................................ 8
Funding and Appropriations ............................................................................................................ 9
Commodity Food Support ......................................................................................................... 9 10
Entitlement Commodities ................................................................................................... 9 10
Bonus Commodities .......................................................................................................... 10. 11
Trade Mitigation Purchases .............................................................................................. 12 USDA Food Purchasing, Ordering, and Delivery Process ................................................ 12.............. 11
Types of Foods .................................................................................................................. 1213
Administrative Cash Support .................................................................................................. 1214
Other Funding ......................................................................................................................... 1315
Farm to Food Bank Projects ............................................................................................. 1315
Reach and Resiliency Grants ............................................................................................ 1416
Funding Trends........................................................................................................................ 1416
State Allocation Formula ......................................................................................................... 1517
State Funding .......................................................................................................................... 1618
Role of TEFAP During Disasters and Emergencies ...................................................................... 1618
COVID-19 Pandemic Response .............................................................................................. 1719
Farm Bill Reauthorization ............................................................................................................. 1820
Figures
Figure 1. Flow of Foods and Funds through TEFAP ....................................................................... 2
Figure 2. Households Using Emergency Feeding Organizations, 2007-20202008-2021 ................................. 4
Figure 3. TEFAP Funding, FY1983-FY2021FY2022 ................................................................................ 1517
Tables
Table 1. COVID-19 Response Funding for TEFAP TEFAP Spending, FY2022 ............................................................................................ 18
Table A-1. Total TEFAP Funding, FY1983-FY2021.. 10 Table 2. COVID-19 Response Funding for TEFAP ...................................................................... 20
Table B-1. TEFAP Expenditures by State, FY2021 .A-1. Total TEFAP Funding, FY1983-FY2022 ..................................................................... 22
Appendixes
Appendix A. TEFAP Funding, FY1983-FY2021 ...Table B-1. TEFAP Expenditures by State, FY2022 ....................................................................... 20 24
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link to page 32 The Emergency Food Assistance Program (TEFAP): Background and Funding
Appendixes Appendix A. TEFAP Funding, FY1983-FY2022 .......................................................................... 22 Appendix B. TEFAP Spending by State, FY2021FY2022 ......................................................................... 2224
Appendix C. Legislative History of TEFAP .................................................................................. 2426
Contacts
Author Information ........................................................................................................................ 2628
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910 The Emergency Food Assistance Program (TEFAP): Background and Funding
Introduction
The Emergency Food Assistance Program (TEFAP; previously the The Emergency Food Assistance Program (TEFAP; previously the
Temporary Emergency Food
Assistance Program) provides federally purchased commodities and a smaller amount of cash ) provides federally purchased commodities and a smaller amount of cash
support to food banks, food pantries, soup kitchens, shelters, and other types of emergency support to food banks, food pantries, soup kitchens, shelters, and other types of emergency
feeding organizations serving low-income households and individuals.1 Commodities include feeding organizations serving low-income households and individuals.1 Commodities include
fruits, vegetables, meats, and grains, among other foods.2 In addition to serving individuals, fruits, vegetables, meats, and grains, among other foods.2 In addition to serving individuals,
TEFAP’s domestic commodity purchases support the agricultural economy by reducing supply on TEFAP’s domestic commodity purchases support the agricultural economy by reducing supply on
the market, thereby increasing food prices. TEFAP is administered by the U.S. Department of the market, thereby increasing food prices. TEFAP is administered by the U.S. Department of
Agriculture’s (USDA’s) Food and Nutrition Service (FNS). Agriculture’s (USDA’s) Food and Nutrition Service (FNS).
TEFAP was established under the Emergency Food Assistance Act of 1983 in an effort to dispose
TEFAP was established under the Emergency Food Assistance Act of 1983 in an effort to dispose
of government-held agricultural surpluses and alleviate hunger in the wake of a recession and of government-held agricultural surpluses and alleviate hunger in the wake of a recession and
declining food stamp benefits.3 Since then, TEFAP has evolved into a permanent program that declining food stamp benefits.3 Since then, TEFAP has evolved into a permanent program that
operates in all 50 states, the District of Columbia, and four U.S. territories.4 The program was operates in all 50 states, the District of Columbia, and four U.S. territories.4 The program was
most recently reauthorized by the 2018 farm bill (P.L. 115-334). most recently reauthorized by the 2018 farm bill (P.L. 115-334).
At the federal level, TEFAP is administered by FNS in collaboration with USDA’s purchasing
At the federal level, TEFAP is administered by FNS in collaboration with USDA’s purchasing
agency, the Agricultural Marketing Service (AMS). At the state level, TEFAP is administered by a agency, the Agricultural Marketing Service (AMS). At the state level, TEFAP is administered by a
state distributing agency designated by the governor or state legislature; generally, designated by the governor or state legislature; generally,
theythese are state are state
departments of health and human services, agriculture, or education. Federal commodities and departments of health and human services, agriculture, or education. Federal commodities and
funds may flow through the state or directly to feeding organizations (called funds may flow through the state or directly to feeding organizations (called
recipient agencies) )
based on how the state structures the program.5 States will often task food banks with processing based on how the state structures the program.5 States will often task food banks with processing
and distributing food to local feeding organizations. Food banks typically operate regional and distributing food to local feeding organizations. Food banks typically operate regional
warehouses and distribute food to other organizations rather than to households directly.6warehouses and distribute food to other organizations rather than to households directly.6
Figure
1 depicts the flow of commodities and funds through TEFAP. depicts the flow of commodities and funds through TEFAP.
1 The 1990 farm bill (P.L. 101-624) removed “Temporary” from the program title. 1 The 1990 farm bill (P.L. 101-624) removed “Temporary” from the program title.
2 USDA, FNS, 2 USDA, FNS,
“USDA Foods Available List for The Emergency Food Assistance Program (TEFAP) 2022, August 30, 2021FY2023,” April 2023, https://www.fns.usda.gov/tefap/usda-foods-available-list-tefap. , https://www.fns.usda.gov/tefap/usda-foods-available-list-tefap.
3 Se
3 Se
e Appendix C for further legislative history. for further legislative history.
4 Puerto Rico, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Guam. Throughout 4 Puerto Rico, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Guam. Throughout
this report, the term this report, the term
states includes these other jurisdictions. For an explanation of appropriated mandatory funding, see includes these other jurisdictions. For an explanation of appropriated mandatory funding, see
CRS Report RS20129, CRS Report RS20129,
Entitlements and Appropriated Entitlements in the Federal Budget Process. .
5 Consistent with statute and regulations, this report uses the term
5 Consistent with statute and regulations, this report uses the term
recipient agency to describe organizations receiving to describe organizations receiving
TEFAP support. Emergency feeding organizations are the most common type of recipient agency. TEFAP support. Emergency feeding organizations are the most common type of recipient agency.
6 See
6 See
“Program Administration” for further discussion of federal, state, and local roles. C. Cabili, E. Eslami, and R. for further discussion of federal, state, and local roles. C. Cabili, E. Eslami, and R.
Briefel, Briefel,
White Paper on the Emergency Food Assistance Program (TEFAP), prepared by Mathematica for the Office of , prepared by Mathematica for the Office of
Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August 2013, https://www.fns.usda.gov/Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August 2013, https://www.fns.usda.gov/
white-paper-emergency-food-assistance-program-tefap. white-paper-emergency-food-assistance-program-tefap.
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The Emergency Food Assistance Program (TEFAP): Background and Funding
Figure 1. Flow of Foods and Funds through TEFAP
Source: Adapted from USDA, FNS, Adapted from USDA, FNS,
White Paper on the Emergency Food Assistance Program, 2013. , 2013.
a. States may distribute food to recipient agencies directly or task recipient agencies with food distribution to a. States may distribute food to recipient agencies directly or task recipient agencies with food distribution to
other recipient agencies. States often delegate this responsibility to food banks. other recipient agencies. States often delegate this responsibility to food banks.
TEFAP is part of a larger web of
TEFAP is part of a larger web of
federal food assistance programs.7 Some of these programs provide cash food assistance programs.7 Some of these programs provide cash
assistance while others primarily distribute food. TEFAP foods may reach individuals who do not assistance while others primarily distribute food. TEFAP foods may reach individuals who do not
qualify for other food assistance programs or supplement the assistance qualify for other food assistance programs or supplement the assistance
that theythat individuals receive receive
through other programs. Related federal programs include the Federal Emergency Management through other programs. Related federal programs include the Federal Emergency Management
Agency’s (FEMA’s) Emergency Food and Shelter Program, which, among its other services for Agency’s (FEMA’s) Emergency Food and Shelter Program, which, among its other services for
homeless individuals, provides food through shelters, food banks, and food pantries.8 In addition, homeless individuals, provides food through shelters, food banks, and food pantries.8 In addition,
USDA’s Commodity Supplemental Food Program distributes monthly food packages to low-USDA’s Commodity Supplemental Food Program distributes monthly food packages to low-
income elderly individuals through local organizations, which can include food banks and income elderly individuals through local organizations, which can include food banks and
pantries.9 The Farmers to Families Food Box Program, which USDA operated from May 2020 to pantries.9 The Farmers to Families Food Box Program, which USDA operated from May 2020 to
May 2021, provided funds to suppliers to prepare food boxes for distribution to food banks and May 2021, provided funds to suppliers to prepare food boxes for distribution to food banks and
other nonprofit organizations serving households in need during the COVID-19 pandemic.10 other nonprofit organizations serving households in need during the COVID-19 pandemic.10
This report begins by describing
This report begins by describing
available data on the population using emergency food assistance. It goes on to the population using emergency food assistance. It goes on to
discuss the TEFAP program, including its administration at the federal, state, and local levels, discuss the TEFAP program, including its administration at the federal, state, and local levels,
eligibility rules, and funding structure. The report concludes eligibility rules, and funding structure. The report concludes
by summarizingwith a summary of TEFAP’s role in TEFAP’s role in
disaster response and recent reauthorizations.disaster response and recent reauthorizations.
Appendix A lists total TEFAP funding from the lists total TEFAP funding from the
program’s inception in 1983 to presentprogram’s inception in 1983 to present
; Appendix B lists TEFAP funding by state;lists TEFAP funding by state;
and and Appendix
C provides a brief legislative history of TEFAP. provides a brief legislative history of TEFAP.
Definitions
Emergency feeding organizations (EFOs): “The term ‘emergency feeding organization’ means a public or : “The term ‘emergency feeding organization’ means a public or
nonprofit organization that administers activities and projects (including the activities and projects of a charitable nonprofit organization that administers activities and projects (including the activities and projects of a charitable
institution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a similar public or private institution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a similar public or private
nonprofit eligible recipient agency) providing nutrition assistance to relieve situations of emergency and distress nonprofit eligible recipient agency) providing nutrition assistance to relieve situations of emergency and distress
through the provision of food to needy persons, including low-income and unemployed persons.” through the provision of food to needy persons, including low-income and unemployed persons.”
Common types of EFOs:
•
Food banks: “The term ‘food bank’ means a public or charitable institution that maintains an established “The term ‘food bank’ means a public or charitable institution that maintains an established
operation involving the provision of food or edible commodities, or the products of food or edible operation involving the provision of food or edible commodities, or the products of food or edible
7 See CRS Report R42353, 7 See CRS Report R42353,
Domestic Food Assistance: Summary of Programs. .
8 For more information, see CRS Report R42766, 8 For more information, see CRS Report R42766,
The Emergency Food and Shelter National Board Program and
Homeless Assistance. .
9 For more information, see CRS Report R42353,
9 For more information, see CRS Report R42353,
Domestic Food Assistance: Summary of Programs. .
10 For more information, see CRS Report R46681, 10 For more information, see CRS Report R46681,
USDA Nutrition Assistance Programs: Response to the COVID-19
Pandemic. .
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The Emergency Food Assistance Program (TEFAP): Background and Funding
commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as
commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as
an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis.” an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis.”
•
Food pantries: “The term ‘food pantry’ means a public or private nonprofit organization that distributes “The term ‘food pantry’ means a public or private nonprofit organization that distributes
food to low-income and unemployed households, including food from sources other than the Department of food to low-income and unemployed households, including food from sources other than the Department of
Agriculture, to relieve situations of emergency and distress.” Agriculture, to relieve situations of emergency and distress.”
•
Soup kitchens: “The term ‘soup kitchen’ means a public or charitable institution that, as an integral part of “The term ‘soup kitchen’ means a public or charitable institution that, as an integral part of
the normal activities of the institution, maintains an established feeding operation to provide food to needy the normal activities of the institution, maintains an established feeding operation to provide food to needy
homeless persons on a regular basis.” homeless persons on a regular basis.”
Source: Section 201A of the Emergency Food Assistance Act (codified at 7 U.S.C. §7501) Section 201A of the Emergency Food Assistance Act (codified at 7 U.S.C. §7501)
The Demand for Emergency Food Assistance
According to an analysis of Current Population Survey (CPS) According to an analysis of Current Population Survey (CPS)
Food Security Supplement data by USDA’s Economic data by USDA’s Economic
Research Service (ERS), an estimated Research Service (ERS), an estimated
8.77.3 million households ( million households (
6.75.6%) obtained emergency food %) obtained emergency food
from a food bank, food pantry, or church in from a food bank, food pantry, or church in
2020, up2021, down from from
5.7 a recent high of 8.7 million households (million households (
4.46.7%) in 2020, but still higher than in recent years (see Figure 2). A smaller proportion of the population used soup kitchens: approximately 438%) in 2019 (see Figure 2). Soup kitchens were utilized at a lower rate: by approximately 451,000 households ,000 households
(0.(0.
43%) in %) in
20202021 and and
693451,000 households (0.,000 households (0.
54%) in %) in
2019.11 It is likely these are2020.11 These are likely underestimates of underestimates of
the population using emergency food assistancethe population using emergency food assistance
because the sample excluded households with incomes over 185% of the poverty guidelines that did—particularly soup kitchens—because the CPS uses address-based sampling and therefore does not fully capture households that are homeless or in tenuous housing arrangements. In addition, the CPS Food Security Supplement excludes households with incomes above 185% of the federal poverty guidelines who do not report any indications of food not report any indications of food
insecurity on screening questionsinsecurity on screening questions
, and the CPS does not fully capture households who are homeless or in tenuous housing arrangements..12 For comparison, a survey by Feeding America, a For comparison, a survey by Feeding America, a
nonprofit membership and advocacy organization, estimated that approximately 15.5 million nonprofit membership and advocacy organization, estimated that approximately 15.5 million
households accessed its network of feeding organizations in 2013 (the same year, ERS estimated households accessed its network of feeding organizations in 2013 (the same year, ERS estimated
that 6.9 million households obtained emergency food). The Feeding America network represents that 6.9 million households obtained emergency food). The Feeding America network represents
a large a large
segment of emergency feeding organizations nationwide.13 A more recent (2021) survey by Feeding America found that when charitable food assistance is defined more broadly to include receiving free groceries or free meals from organizations such as food banks, food pantries, churches, Meals on Wheels, and shelters, approximately 53 million individuals reported receiving assistance.14
11 The U.S. Census Bureau conducts the CPS Food Security Supplement annually with funding from USDA’s Economic Research Service (ERS). Households utilizing food pantries in 2021 included 19.3segment of emergency feeding organizations nationwide.12
The ERS findings for 2019 and 2020 track with other data indicating increased use of emergency feeding organizations during the COVID-19 pandemic. An analysis by the Urban Institute, a nonprofit research organization, found that 19.7% of nonelderly adults received free food from food banks, food pantries, churches, shelters, and similar organizations in December 2020, up from 13.2% in December 2019.13
11 Households utilizing food pantries in 2020 included 24.8 million individuals, and households utilizing soup kitchens million individuals, and households utilizing soup kitchens
included included
867864,000 individuals. ,000 individuals.
Food pantry use was defined as “receiving emergency food from a church, food pantry, was defined as “receiving emergency food from a church, food pantry,
or food bank.” A. Coleman-Jensen, M.P. Rabbitt, C.A. Gregory, and A. Singh, or food bank.” A. Coleman-Jensen, M.P. Rabbitt, C.A. Gregory, and A. Singh,
Statistical Supplement to Household
Food Security in the United States in 20202021, AP-, AP-
091105, U.S. Department of Agriculture, Economic Research Service, , U.S. Department of Agriculture, Economic Research Service,
September September
20212022, pp. , pp.
22-2318-19, https://www.ers.usda.gov/, https://www.ers.usda.gov/
webdocs/publications/102072/ap-091.pdf?v=2176.1publications/pub-details/?pubid=104662; and A. ; and A.
Coleman-Jensen, M.P. Rabbitt, C.A. Gregory, and A. Singh, Coleman-Jensen, M.P. Rabbitt, C.A. Gregory, and A. Singh,
Statistical Supplement to Household Food Security in the
United States in 20192020, AP-, AP-
084091, U.S. Department of Agriculture, Economic Research Service, September , U.S. Department of Agriculture, Economic Research Service, September
20202021, pp. , pp.
21-22-23, https://www.ers.usda.gov/webdocs/publications/23, https://www.ers.usda.gov/webdocs/publications/
99289/ap-084.pdf?v=6449https://www.ers.usda.gov/publications/pub-details/?pubid=94869.
12102072/ap-091.pdf?v=2176.1.
12 It is, however, possible that some households with incomes over 185% of poverty that did not get flagged as food insecure used emergency feeding organizations. That would not be captured in these estimates.
13 Feeding America’s network includes 200 food banks and 60,000 food pantries, according to FeedingAmerica.org, Feeding America’s network includes 200 food banks and 60,000 food pantries, according to FeedingAmerica.org,
Our Network, http://www.feedingamerica.org/our-work/food-bank-network.html. In 2000, Feeding America’s network http://www.feedingamerica.org/our-work/food-bank-network.html. In 2000, Feeding America’s network
included 80% of emergency feeding organizations according to J.C. Ohls et al., included 80% of emergency feeding organizations according to J.C. Ohls et al.,
The Emergency Food Assistance
System—Findings From the Provider Survey, prepared by Mathematica Policy Research, Inc. for the Food and Rural , prepared by Mathematica Policy Research, Inc. for the Food and Rural
Economics Division, Economic Research Service, USDA, October 2002, p. 2, https://www.ers.usda.gov/publications/Economics Division, Economic Research Service, USDA, October 2002, p. 2, https://www.ers.usda.gov/publications/
pub-details/?pubid=46507. pub-details/?pubid=46507.
13 Elaine Waxman, Poonam Gupta, and Dulce Gonzalez, “Charitable Food Use Increased Nearly 50 Percent from 2019 to 2020,” Urban Institute, March 2021, https://www.urban.org/sites/default/files/publication/103825/charitable-food-use-increased-nearly-50-percent-from-2019-to-2020_0.pdf14 Feeding America, “Charitable Food Assistance Participation Measurement,” June 2022, https://www.feedingamerica.org/research/charitable-food-access. .
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The Emergency Food Assistance Program (TEFAP): Background and Funding
The ERS findings for 2020 and 2021 track with other data indicating increased use of emergency feeding organizations during the COVID-19 pandemic. An analysis by the Urban Institute, a nonprofit research organization, found that 19.7% of nonelderly adults received free food from food banks, food pantries, churches, shelters, and similar organizations in December 2020, up from 13.2% in December 2019.15
Data on the number of TEFAP food recipients are not available, in part because TEFAP Data on the number of TEFAP food recipients are not available, in part because TEFAP
commodities are mixed in with other commodities provided by emergency feeding organizations commodities are mixed in with other commodities provided by emergency feeding organizations
and because of “the transient nature of participation.”and because of “the transient nature of participation.”
1416
Figure 2. Households Using Emergency Feeding Organizations, 2007-20202008-2021
Source: CRS graphic based on data contained in statistical supplements to CRS graphic based on data contained in statistical supplements to
Household Food Security in the United
States, USDA Economic Research Service, for , USDA Economic Research Service, for
2005-20202008-2021. .
Notes: Number and percentage of households who reported that they received emergency food from a food Number and percentage of households who reported that they received emergency food from a food
pantry, food bank, or church in the last 12 months. This may be an underestimate of the number of households pantry, food bank, or church in the last 12 months. This may be an underestimate of the number of households
using food pantries due to the fact that the Census’s Current Population Survey (CPS) Food Security Supplement using food pantries due to the fact that the Census’s Current Population Survey (CPS) Food Security Supplement
focuses on households with incomes under 185% of the poverty guidelines and excludes homeless individuals and focuses on households with incomes under 185% of the poverty guidelines and excludes homeless individuals and
underrepresents those in tenuous housing arrangements. underrepresents those in tenuous housing arrangements.
Characteristics of Emergency Food Recipients
Food insecurity is common among households using emergency feeding organizations.Food insecurity is common among households using emergency feeding organizations.
1517 According to the ERS analysis, According to the ERS analysis,
55.957% of households using emergency feeding organizations % of households using emergency feeding organizations
werecould be categorized as food insecure in food insecure in
20202021, meaning , meaning
that they had difficulty providing enough food for they had difficulty providing enough food for
all of their members at times during the year due to a lack of resources (the comparable percentage was 65.7% in 2019).16 Roughly half of these households experienced very low food security, meaning
14
15 Elaine Waxman, Poonam Gupta, and Dulce Gonzalez, “Charitable Food Use Increased Nearly 50 Percent from 2019 to 2020,” Urban Institute, March 2021, https://www.urban.org/sites/default/files/publication/103825/charitable-food-use-increased-nearly-50-percent-from-2019-to-2020_0.pdf.
16 USDA, FNS, USDA, FNS,
Nutrient and MyPyramid Analysis of USDA Foods in Five of Its Food and Nutrition Programs, ,
prepared by Westat for the Office of Research and Analysis, January 2012, p. 3-84, https://prepared by Westat for the Office of Research and Analysis, January 2012, p. 3-84, https://
fns-prod.azureedge.netwww.fns.usda.gov/sites//sites/
default/files/ops/NutrientMyPyramid.pdf. default/files/ops/NutrientMyPyramid.pdf.
1517 Food security focuses on economic and access-related factors associated with an individual’s ability to purchase food focuses on economic and access-related factors associated with an individual’s ability to purchase food
or otherwise obtain enough to eat, as opposed to or otherwise obtain enough to eat, as opposed to
hunger, which is considered a physiological condition. For more , which is considered a physiological condition. For more
information on the differences between food insecurity and hunger, see CRS Report R42353, information on the differences between food insecurity and hunger, see CRS Report R42353,
Domestic Food
Assistance: Summary of Programs. .
16 A. Coleman-Jensen, M.P. Rabbitt, C.A. Gregory, and A. Singh, Statistical Supplement to Household Food Security
in the United States in 2020, AP-091, U.S. Department of Agriculture, Economic Research Service, September 2021, pp. 22-23, https://www.ers.usda.gov/webdocs/publications/102072/ap-091.pdf?v=2176.1; A. Coleman-Jensen, M.P. Rabbitt, C.A. Gregory, and A. Singh, Statistical Supplement to Household Food Security in the United States in 2019, AP-084, U.S. Department of Agriculture, Economic Research Service, September 2020, pp. 21-23, https://www.ers.usda.gov/webdocs/publications/99289/ap-084.pdf?v=6449https://www.ers.usda.gov/publications/pub-
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all of their members at times during the year due to a lack of resources.18 Roughly half of these households experienced very low food security, meaning that the food intake of some household members was reduced and normal eating patterns were that the food intake of some household members was reduced and normal eating patterns were
disrupted due to limited resources. disrupted due to limited resources.
According to the ERS analysis, in
According to the ERS analysis, in
20202021 households obtaining emergency food from a food bank, households obtaining emergency food from a food bank,
pantry, or church were more likely to have incomes below 185% of poverty compared to other pantry, or church were more likely to have incomes below 185% of poverty compared to other
respondents (respondents (
6362% vs. 20%)% vs. 20%)
, and to include children ( and to include children (
4135% vs. % vs.
29%).17 Meanwhile, according28%).19 According to the to the
2014 Feeding America survey, individuals using meal programs (e.g., soup kitchens and shelters) 2014 Feeding America survey, individuals using meal programs (e.g., soup kitchens and shelters)
were generally single-person households and were more likely to be homeless. In 2013, just over were generally single-person households and were more likely to be homeless. In 2013, just over
70% of households using the Feeding America network of meal programs had a single member 70% of households using the Feeding America network of meal programs had a single member
and nearly 34% were homeless or living in temporary housing.and nearly 34% were homeless or living in temporary housing.
1820
In addition, emergency feeding organizations may act as a safety net for food insecure households
In addition, emergency feeding organizations may act as a safety net for food insecure households
who are ineligible for or do not participate in other federal food assistance programs. For who are ineligible for or do not participate in other federal food assistance programs. For
example, in the case of the Supplemental Nutrition Assistance Program (SNAP), households may example, in the case of the Supplemental Nutrition Assistance Program (SNAP), households may
have an income too high to qualify for assistance but still experience difficulty purchasing food, have an income too high to qualify for assistance but still experience difficulty purchasing food,
or they may fail to meet other program eligibility rules.or they may fail to meet other program eligibility rules.
1921 Among households using feeding Among households using feeding
organizations affiliated with Feeding America’s network, a little more than half (55%) reported organizations affiliated with Feeding America’s network, a little more than half (55%) reported
receiving SNAP benefits in 2013.receiving SNAP benefits in 2013.
20
Program Administration
Federal Role
FNS is responsible for allocating TEFAP aid to states (see “State Allocation Formula”) and coordinating the ordering, processing, and distribution of commodities. Specifically, FNS decides which foods will be available in the USDA Foods catalog and allocates entitlement aid and administrative funds to states. States and recipient agencies then place orders for certain quantities and types of commodities (discussed under “Types of Foods”) based on their entitlement allocation. FNS collaborates closely with USDA’s purchasing agency—the Agricultural Marketing Service (AMS)—to process and fulfill the orders.21 AMS and FNS also collaborate to purchase and distribute bonus commodities throughout the year that are not based on state requests but rather USDA’s discretion to support different crops. Selected vendors deliver both entitlement and bonus commodities to state-selected distribution points.22
FNS also issues regulations and guidance and provides general oversight of states’ TEFAP operations. FNS provides oversight by reviewing and approving state TEFAP plans, which are details/?pubid=94869.
1722
Characteristics of Emergency Feeding Organizations The most recent census of emergency feeding organizations was conducted in 2000 by USDA’s ERS (USDA proposed conducting a more current study of TEFAP agencies in its FY2024 budget justification to Congress).23 ERS found that there were approximately 400 food banks; 32,700 food pantries; and 5,300 soup kitchens in the United States in 2000. These organizations were reliant on both private and public donations, including TEFAP support. According to the survey, TEFAP foods comprised 14% of foods distributed by the emergency food assistance system and TEFAP administrative funds comprised 12% to 27% of organizations’ operating costs in 2000.24 However, this proportion may fluctuate from year to year.
18 A. Coleman-Jensen, M.P. Rabbitt, C.A. Gregory, and A. Singh, Coleman-Jensen, M.P. Rabbitt, C.A. Gregory, and A. Singh,
Statistical Supplement to Household Food Security in
the United States in 20202021, AP-, AP-
091105, U.S. Department of Agriculture, Economic Research Service, September , U.S. Department of Agriculture, Economic Research Service, September
2021, 2022, pp. 18-19pp. 22-24, https://www.ers.usda.gov/, https://www.ers.usda.gov/
webdocs/publications/publications/
102072/ap-091.pdf?v=2176.1.
18pub-details/?pubid=104662.
19 Ibid. 20 Nancy S. Weinfield et al., Weinfield et al.,
Hunger in America 2014, Feeding America, prepared by Westat and the Urban Institute, August Feeding America, prepared by Westat and the Urban Institute, August
2014, pp. 91, 100-102, http://help.feedingamerica.org/HungerInAmerica/hunger-in-america-2014-full-report.pdf. 2014, pp. 91, 100-102, http://help.feedingamerica.org/HungerInAmerica/hunger-in-america-2014-full-report.pdf.
1921 For more information on SNAP eligibility, see CRS Report R42505, For more information on SNAP eligibility, see CRS Report R42505,
Supplemental Nutrition Assistance Program
(SNAP): A Primer on Eligibility and Benefits. .
2022 Nancy S. Weinfield et al., Weinfield et al.,
Hunger in America 2014, Feeding America, prepared by Westat and the Urban Institute, August Feeding America, prepared by Westat and the Urban Institute, August
2014, http://help.feedingamerica.org/HungerInAmerica/hunger-in-america-2014-full-report.pdf. 2014, http://help.feedingamerica.org/HungerInAmerica/hunger-in-america-2014-full-report.pdf.
21 C. Cabili, E. Eslami, and R. Briefel, White Paper on the Emergency Food Assistance Program (TEFAP), prepared by Mathematica for the Office of Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August 2013, https://fns-prod.azureedge.net/sites/default/files/TEFAPWhitePaper.pdf.
22 Section 203B of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7505); 7 C.F.R. §251.4.
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23 J.C. Ohls et al., The Emergency Food Assistance System—Findings From the Provider Survey, 16-2, prepared by Mathematica Policy Research, Inc. for the Food and Rural Economics Division, Economic Research Service, USDA, October 2002, https://www.ers.usda.gov/publications/pub-details/?pubid=46507. While Feeding America published a study in 2014 of its network of feeding organizations (discussed in this report), it is not a nationally representative sample of organizations. For USDA’s proposal, see p. 35-102 to p. 35-103 of USDA, Office of Budget & Program Analysis, 2024 USDA Explanatory Notes – Food and Nutrition Service.
24 J.C. Ohls et al., The Emergency Food Assistance System—Findings From the Provider Survey, 16-2, prepared by Mathematica Policy Research, Inc. for the Food and Rural Economics Division, Economic Research Service, USDA, October 2002, https://www.ers.usda.gov/publications/pub-details/?pubid=46507; see pp. 133-134 for TEFAP’s proportion of foods and pp. 45, 77, 110 for its proportion of operating costs.
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Most food banks in the ERS survey were secular, nonprofit organizations, while the majority of food pantries and soup kitchens were nonprofit organizations associated with a religious group.25 Food banks were likely to be affiliated with a national organization, including Feeding America (previously Second Harvest), United Way, Foodchain, Salvation Army, the Red Cross, and Catholic Charities.26 All types of emergency feeding organizations were dependent on volunteers.27
Program Administration
Federal Role FNS is responsible for allocating TEFAP aid to states (see “State Allocation Formula”) and coordinating the ordering, processing, and distribution of commodities. Specifically, FNS decides which foods will be available in the USDA Foods catalog and allocates entitlement aid and administrative funds to states. States and recipient agencies then place orders for certain quantities and types of commodities (discussed under “Types of Foods”) based on their entitlement allocation. FNS collaborates closely with USDA’s purchasing agency—the Agricultural Marketing Service (AMS)—to process and fulfill the orders.28 AMS and FNS also collaborate to purchase and distribute bonus commodities throughout the year that are not based on state requests but rather USDA’s discretion to support different crops. Selected vendors deliver both entitlement and bonus commodities to state-selected distribution points.29
FNS also issues regulations and guidance and provides general oversight of states’ TEFAP operations. FNS provides oversight by reviewing and approving state TEFAP plans, which are documents that outline each state’s operation of TEFAP. States are required to submit documents that outline each state’s operation of TEFAP. States are required to submit
amendments to the plan for approval “when necessary to reflect any changes in program amendments to the plan for approval “when necessary to reflect any changes in program
operations or administration as described in the plan, or at the request of FNS, to the appropriate operations or administration as described in the plan, or at the request of FNS, to the appropriate
FNS Regional Office.”FNS Regional Office.”
2330 FNS also conducts management reviews of state agency operations.31
State Role
TEFAP is administered at the state level by an agency designated by the governor “or other TEFAP is administered at the state level by an agency designated by the governor “or other
appropriate State executive authority” that enters into an agreement with FNS.appropriate State executive authority” that enters into an agreement with FNS.
2432 States most States most
commonly administer TEFAP through a health/human services, agriculture, or education commonly administer TEFAP through a health/human services, agriculture, or education
department.department.
2533 State agencies administering TEFAP are responsible for creating eligibility and State agencies administering TEFAP are responsible for creating eligibility and
other program rules (other program rules (
see see “Eligibility Rules for Individuals and Households”), which are outlined
25 Ibid., pp. 16, 50. 26 Ibid, p. 81. 27 Ibid, pp. 39, 72, 108. 28 C. Cabili, E. Eslami, and R. Briefel, White Paper on the Emergency Food Assistance Program (TEFAP), prepared by Mathematica for the Office of Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August 2013, https://fns-prod.azureedge.net/sites/default/files/TEFAPWhitePaper.pdf.
29 Section 203B of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7505); 7 C.F.R. §251.4. 30 Section 202A of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7503). 31 USDA, Office of Inspector General (OIG), COVID-19—Oversight of the Emergency Food Assistance Program—Final Report, August 18, 2023, https://usdaoig.oversight.gov/reports/inspection-evaluation/covid-19-oversight-emergency-food-assistance-program-final-report.
32 7 C.F.R. §251.2. 33 USDA, FNS, TEFAP State Contacts, https://www.fns.usda.gov/contacts.
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“Eligibility Rules for Individuals and Households”), which are outlined in state plans approved by FNS.in state plans approved by FNS.
2634 They are also responsible for selecting and overseeing recipient They are also responsible for selecting and overseeing recipient
agencies. agencies.
Federal regulations allow states to delegate a number of responsibilities to recipient agencies,
Federal regulations allow states to delegate a number of responsibilities to recipient agencies,
including selecting and subcontracting with other recipient agencies.including selecting and subcontracting with other recipient agencies.
2735 States often delegate the States often delegate the
ordering and distribution of USDA Foods to regional food banks, which receive foods and make ordering and distribution of USDA Foods to regional food banks, which receive foods and make
deliveries to other recipient organizations, such as food pantries.deliveries to other recipient organizations, such as food pantries.
2836 According to a 50-state According to a 50-state
analysis conducted by Feeding America in 2020, nearly all states reported that commodities were analysis conducted by Feeding America in 2020, nearly all states reported that commodities were
delivered by vendors directly to recipient agencies (often to food banks for distribution to other delivered by vendors directly to recipient agencies (often to food banks for distribution to other
organizations).organizations).
2937 States cannot delegate their responsibility to set eligibility rules or oversee States cannot delegate their responsibility to set eligibility rules or oversee
recipient agencies.recipient agencies.
3038
States must review at least 25% of recipient agencies contracting directly with the state (e.g., food
States must review at least 25% of recipient agencies contracting directly with the state (e.g., food
banks) at least once every four years, and at least one-tenth or 20 (whichever is fewer) of other banks) at least once every four years, and at least one-tenth or 20 (whichever is fewer) of other
recipient agencies each year.recipient agencies each year.
3139 If the state finds deficiencies in the course of review, the state If the state finds deficiencies in the course of review, the state
agency must submit a report with the findings to the recipient agency and ensure that corrective agency must submit a report with the findings to the recipient agency and ensure that corrective
action is taken. action is taken.
23 Section 202A of the
Local Role Organizations that are eligible for TEFAP aid are referred to as recipient agencies in the Emergency Food Assistance Act. According to the statute, recipient agencies are public or nonprofit organizations that administer
• emergency feeding organizations, • charitable institutions, • summer camps or child nutrition programs, • nutrition projects operating under the Older Americans Act of 1965, or • disaster relief programs.40
34Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7503). 24 7 C.F.R. §251.2. 25 USDA, FNS, TEFAP State Contacts, https://www.fns.usda.gov/contacts. 26 Individual state plans are often available on the state agency’s website that administers TEFAP. A list of state Individual state plans are often available on the state agency’s website that administers TEFAP. A list of state
agencies that administer TEFAP is available at https://www.fns.usda.gov/contacts. According to Section 202A of the agencies that administer TEFAP is available at https://www.fns.usda.gov/contacts. According to Section 202A of the
Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7503), state plans must include eligibility rules. Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7503), state plans must include eligibility rules.
2735 7 C.F.R. §251.2, 7 C.F.R. §251.5; C. Cabili, E. Eslami, and R. Briefel, 7 C.F.R. §251.2, 7 C.F.R. §251.5; C. Cabili, E. Eslami, and R. Briefel,
White Paper on the Emergency Food
Assistance Program (TEFAP), prepared by Mathematica for the U.S. Department of Agriculture, Food and Nutrition , prepared by Mathematica for the U.S. Department of Agriculture, Food and Nutrition
Service, Office of Policy Support, August 2013, https://fns-prod.azureedge.net/sites/default/files/Service, Office of Policy Support, August 2013, https://fns-prod.azureedge.net/sites/default/files/
TEFAPWhitePaper.pdf. TEFAPWhitePaper.pdf.
2836 Feeding America, Feeding America,
The Emergency Food Assistance Program: State Guide, February 2020, February 2020,
https://feedingamericaaction.org/wp-content/uploads/2021/04/Resource_Feeding-America-TEFAP-State-by-State-https://feedingamericaaction.org/wp-content/uploads/2021/04/Resource_Feeding-America-TEFAP-State-by-State-
Guide.pdf; Washington State Department of Agriculture, Guide.pdf; Washington State Department of Agriculture,
The Emergency Food Assistance Program (TEFAP):
Distribution National Survey 2015, AGR 609-574. Per Section 202A of the Emergency Food Assistance Act of 1983 , AGR 609-574. Per Section 202A of the Emergency Food Assistance Act of 1983
(codified at 7 U.S.C. §7503), state plans must describe how the state will give recipient agencies an opportunity to (codified at 7 U.S.C. §7503), state plans must describe how the state will give recipient agencies an opportunity to
provide input on the commodities selected. provide input on the commodities selected.
2937 Washington State Department of Agriculture, Washington State Department of Agriculture,
The Emergency Food Assistance Program (TEFAP): Distribution
National Survey 2015, AGR 609-574. Larger states often reported multiple, regional warehouses while smaller states , AGR 609-574. Larger states often reported multiple, regional warehouses while smaller states
sometimes had one central warehouse. sometimes had one central warehouse.
3038 7 C.F.R. §251.5. 7 C.F.R. §251.5.
3139 7 C.F.R. §251.10. 40 Section 201A of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7501).
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7 C.F.R. §251.10.
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Local Role
Organizations that are eligible for TEFAP aid are referred to as recipient agencies in the Emergency Food Assistance Act. According to the statute, recipient agencies are public or nonprofit organizations that administer
emergency feeding organizations; charitable institutions; summer camps or child nutrition programs; nutrition projects operating under the Older Americans Act of 1965; or disaster relief programs.32
The first category of organizations—emergency feeding organizations—receive priority under
The first category of organizations—emergency feeding organizations—receive priority under
TEFAP statute and regulations and the majority of TEFAP aid.TEFAP statute and regulations and the majority of TEFAP aid.
3341 Emergency feeding organizations Emergency feeding organizations
are defined as public or nonprofit organizations “providing nutrition assistance to relieve are defined as public or nonprofit organizations “providing nutrition assistance to relieve
situations of emergency and distress through the provision of food to needy persons, including situations of emergency and distress through the provision of food to needy persons, including
low-income and unemployed persons.”low-income and unemployed persons.”
3442 They include food banks, food pantries, soup kitchens, They include food banks, food pantries, soup kitchens,
and other organizations serving similar functions. and other organizations serving similar functions.
Recipient agencies are responsible for serving and distributing TEFAP foods to individuals and
Recipient agencies are responsible for serving and distributing TEFAP foods to individuals and
households. As discussed above, they may also have additional responsibilities as delegated by households. As discussed above, they may also have additional responsibilities as delegated by
the state agency; for example, food banks may be tasked with distributing food to subcontracted the state agency; for example, food banks may be tasked with distributing food to subcontracted
recipient agencies like food pantries and soup kitchens, which in turn distribute foods or serve recipient agencies like food pantries and soup kitchens, which in turn distribute foods or serve
prepared meals to low-income individuals and families. prepared meals to low-income individuals and families.
Recipient agencies must adhere to program rules. For example, they must safely store food and
Recipient agencies must adhere to program rules. For example, they must safely store food and
comply with state and/or local food safety and health inspection requirements.comply with state and/or local food safety and health inspection requirements.
3543 Recipient Recipient
agencies must also maintain records of the commodities they receive and a list of households agencies must also maintain records of the commodities they receive and a list of households
receiving TEFAP foods for home consumption.receiving TEFAP foods for home consumption.
3644 There are also restrictions on the types of There are also restrictions on the types of
activities that can occur at distribution sites. Recipient agencies must ensure that any unrelated activities that can occur at distribution sites. Recipient agencies must ensure that any unrelated
activities are conducted in a way that makes clear that the activity is not part of TEFAP and that activities are conducted in a way that makes clear that the activity is not part of TEFAP and that
receipt of TEFAP foods is not contingent on participation in the activity.receipt of TEFAP foods is not contingent on participation in the activity.
3745 Activities may not Activities may not
disrupt food distribution or meal service and may not be explicitly religious.disrupt food distribution or meal service and may not be explicitly religious.
3846 In addition, In addition,
recipient agencies may not engage in recruitment activities designed to persuade an individual to recipient agencies may not engage in recruitment activities designed to persuade an individual to
apply for SNAP benefits.apply for SNAP benefits.
39
32 Section 201A of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7501). 3347
Eligibility Rules for Individuals and Households Under broad federal guidelines, states set eligibility rules for individuals and households participating in TEFAP. Eligibility rules differ for organizations distributing commodities directly to households (e.g., food pantries) and organizations providing prepared meals (e.g., soup kitchens). States must develop income-based standards for households receiving foods directly, but cannot set such standards for individuals receiving prepared meals. However, organizations serving prepared meals must serve predominantly needy persons, and states “may establish a higher standard than ‘predominantly’ and may determine whether organizations meet the
41 Section 203B of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7505) gives states the option to Section 203B of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7505) gives states the option to
give emergency feeding organizations priority. When they cannot meet the full demand of all eligible recipient give emergency feeding organizations priority. When they cannot meet the full demand of all eligible recipient
organizations, states organizations, states
must give priority to emergency feeding organizations according to TEFAP regulations (7 C.F.R. give priority to emergency feeding organizations according to TEFAP regulations (7 C.F.R.
§251.4). The statement that emergency feeding organizations receive the majority of TEFAP aid is based on CRS §251.4). The statement that emergency feeding organizations receive the majority of TEFAP aid is based on CRS
communication with the Food and Nutrition Service in September 2018. communication with the Food and Nutrition Service in September 2018.
3442 Section 201A of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7501). Section 201A of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7501).
3543 7 C.F.R. §250.14. 7 C.F.R. §250.14.
3644 7 C.F.R. §251.10. 7 C.F.R. §251.10.
3745 Ibid. Ibid.
3846 Ibid; USDA, FNS, Ibid; USDA, FNS,
Further Clarification on the Prohibition Against Explicitly Religious Activities As Part of TEFAP
and CSFP Activities, FD-142, November 28, 2016, https://fns-prod.azureedge.net/sites/default/files/fdd/FD-142-, FD-142, November 28, 2016, https://fns-prod.azureedge.net/sites/default/files/fdd/FD-142-
Prohibition-Religious-Activities.pdf. Prohibition-Religious-Activities.pdf.
3947 USDA, FNS, USDA, FNS,
Prohibition of SNAP Recruitment and Promotion Activities by FDPIR and TEFAP Administering Agencies, Policy Memorandum No. FD-143, May 2017, https://www.fns.usda.gov/usda-foods/prohibition-snap-recruitment-and-promotion-activities-fdpir-and-tefap-administering-agencies.
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applicable standard by considering socioeconomic data of the area in which the organization is located, or from which it draws its clientele.”48
Income eligibility rules for households receiving TEFAP foods directly vary by state. Many states limit income eligibility to household incomes at or below 185% of the poverty guidelines.49 Some states also confer household eligibility based on participation in other federal and state programs (known as categorical eligibility).50
Federal regulations require that individuals receiving food directly live “in the geographic location served by the State agency at the time of applying for assistance.”51 However, length of residency cannot be a criterion. States may also create additional rules for households’ receipt of TEFAP foods, such as requiring a signature at the time of receipt, or limiting the number of times households can get food in a certain period.52
Funding and Appropriations
TEFAP’s Authorizing Laws
The Emergency Food Assistance Act of 1983: governs TEFAP operations and authorizes discretionary funding for administrative costs (codified at 7 U.S.C. §7501-7516) The Food and Nutrition Act of 2008 (previously the Food Stamp Act): Section 27 authorizes mandatory funding for TEFAP commodities (entitlement commodities) (codified at 7 U.S.C. §2036)
Federal assistance through TEFAP is primarily provided in the form of USDA-purchased domestic agricultural commodities (USDA Foods). A smaller amount of assistance is provided in the form of cash support for administrative and distribution costs.
There are two types of TEFAP commodities: entitlement commodities and bonus commodities (described further in the sections to follow). Funding for entitlement commodities is considered appropriated mandatory spending, meaning that the authorizing law sets the level of spending but an annual appropriation is needed to provide funding.53 Funding for bonus commodities is not included in the TEFAP appropriation and is instead provided by separate USDA budget authority. These funds are used by USDA for bonus commodity purchases for the program throughout the
48 7 C.F.R. §251.5. 49 Examples include Arizona, Hawaii, Indiana, Iowa, Massachusetts, Nevada, New Mexico, and Wisconsin. Individual state plans can usually be found on the state agency’s website that administers TEFAP. A list of state agencies that administer TEFAP is available at https://www.fns.usda.gov/contacts. For a summary of state policies as of February 2020, see Feeding America, The Emergency Food Assistance Program: State Guide, February 2020, https://feedingamericaaction.org/wp-content/uploads/2021/04/Resource_Feeding-America-TEFAP-State-by-State-Guide.pdf.
50 See page 10 of Feeding America, The Emergency Food Assistance Program: State Guide, February 2020, https://feedingamericaaction.org/wp-content/uploads/2021/04/Resource_Feeding-America-TEFAP-State-by-State-Guide.pdf.
51 7 C.F.R. §251.5(b); Feeding America, The Emergency Food Assistance Program: State Guide, February 2020, https://feedingamericaaction.org/wp-content/uploads/2021/04/Resource_Feeding-America-TEFAP-State-by-State-Guide.pdf.
52 See individual state plans for state-specific eligibility rules, which
The Emergency Food Assistance Program (TEFAP): Background and Funding
Characteristics of Emergency Feeding Organizations
The most recent census of emergency feeding organizations was conducted in 2000 by USDA’s Economic Research Service (ERS).40 ERS found that there were approximately 400 food banks, 32,700 food pantries and 5,300 soup kitchens in the United States in 2000.41 These organizations were reliant on both private and public donations, including TEFAP support. According to the survey, TEFAP foods comprised 14% of foods distributed by the emergency food assistance system and TEFAP administrative funds comprised 12% to 27% of organizations’ operating costs in 2000.42 However, this proportion may fluctuate from year to year. Most food banks in the ERS survey were secular, nonprofit organizations, while the majority of food pantries and soup kitchens were nonprofit organizations associated with a religious group.43 Food banks were likely to be affiliated with a national organization, including Feeding America (previously Second Harvest), United Way, Foodchain, Salvation Army, the Red Cross, and Catholic Charities.44 All types of emergency feeding organizations were dependent on volunteers.45
Eligibility Rules for Individuals and Households
Under broad federal guidelines, states set eligibility rules for individuals and households participating in TEFAP. Eligibility rules differ for organizations distributing commodities directly to households (e.g., food pantries) and organizations providing prepared meals (e.g., soup kitchens). States must develop income-based standards for households receiving foods directly, but cannot set such standards for individuals receiving prepared meals. However, organizations serving prepared meals must serve predominantly needy persons, and states “may establish a higher standard than ‘predominantly’ and may determine whether organizations meet the applicable standard by considering socioeconomic data of the area in which the organization is located, or from which it draws its clientele.”46
Income eligibility rules for households receiving TEFAP foods directly vary by state. Many states limit income eligibility to household incomes at or below 185% of the poverty guidelines.47 Some states also confer household eligibility based on participation in other federal and state programs (known as categorical eligibility).48
Agencies, Policy Memorandum No. FD-143, May 2017, https://www.fns.usda.gov/usda-foods/prohibition-snap-recruitment-and-promotion-activities-fdpir-and-tefap-administering-agencies.
40 Feeding America published a study in 2014 of its network of feeding organizations (discussed in this report). However, while the Feeding America network comprises a large portion of the emergency feeding network, it is not a nationally representative sample of organizations.
41 J.C. Ohls et al., The Emergency Food Assistance System—Findings From the Provider Survey, 16-2, prepared by Mathematica Policy Research, Inc. for the Food and Rural Economics Division, Economic Research Service, USDA, October 2002, https://www.ers.usda.gov/publications/pub-details/?pubid=46507.
42 Ibid; see pp. 133-134 for TEFAP’s proportion of foods and pp. 45, 77, 110 for its proportion of operating costs. 43 J.C. Ohls et al., The Emergency Food Assistance System—Findings From the Provider Survey, 16-2, prepared by Mathematica Policy Research, Inc. for the Food and Rural Economics Division, Economic Research Service, USDA, October 2002, pp. 16 and 50, https://www.ers.usda.gov/publications/pub-details/?pubid=46507.
44 Ibid, p. 81. 45 Ibid, pp. 39, 72, 108. 46 7 C.F.R. §251.5. 47 Examples include Arizona, Hawaii, Indiana, Iowa, Massachusetts, Nevada, New Mexico, and Wisconsin. Individual state plans can usually be found on the state agency’s website that administers TEFAP. A list of state agencies that can usually be found on the state agency’s website that administers TEFAP. A list of state agencies that
administer TEFAP is available at https://www.fns.usda.gov/contacts. administer TEFAP is available at https://www.fns.usda.gov/contacts.
48 See page 10 ofFor a summary of state policies as of February 2020, see Feeding America, Feeding America,
The Emergency Food Assistance Program: State Guide, February 2020, February 2020,
https://feedingamericaaction.org/wp-content/uploads/2021/04/Resource_Feeding-America-TEFAP-State-by-State-https://feedingamericaaction.org/wp-content/uploads/2021/04/Resource_Feeding-America-TEFAP-State-by-State-
Guide.pdf.
53 For an explanation of appropriated mandatory spending, see CRS Report R44582, Overview of Funding Mechanisms in the Federal Budget Process, and Selected Examples.
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year. TEFAP’s administrative funds are discretionary spending and require an annual appropriation.54
As shown in Table 1, TEFAP spending totaled more than $1.6 billion in FY2022—over $500 million of which was temporary aid provided under pandemic response laws (discussed further in “COVID-19 Pandemic Response”).
Table 1. TEFAP Spending, FY2022
Spending
Category
($ in millions)
Entitlement foods
465.4
Administrative (storage and distribution) funds
136.2
Bonus foods
517.0
Farm to Food Bank Projects
7.5
Reach and Resiliency Grants
39.4
COVID-19 pandemic response funding provided by the CARES
500.0
Act (P.L. 116-136) (used for entitlement foods and administrative funds)
Total
1,665.5
Source: USDA, Office of Budget & Program Analysis, 2024 USDA Explanatory Notes – Food and Nutrition Service, p. 35-137. Notes: Table displays food and administrative funds made available to states and USDA bonus purchases. State funds are after conversion of any entitlement commodity funds to administrative funds, and administrative funds to commodity funds, and include any entitlement food The Emergency Food Assistance Program (TEFAP): Background and Funding
States may also create other eligibility rules for households’ receipt of TEFAP foods, such as requiring identification or proof of residency within the state or a specific locality.49 However, according to federal regulations, length of residency cannot be a criterion.50
Funding and Appropriations
Federal assistance through TEFAP is primarily provided in the form of USDA-purchased domestic agricultural commodities (USDA Foods). A smaller amount of assistance is provided in the form of cash support for administrative and distribution costs.
There are two types of TEFAP commodities: entitlement commodities and bonus commodities.
Funding for entitlement commodities is considered appropriated mandatory spending, meaning that the authorizing law sets the level of spending but an annual appropriation is needed to provide funding.51 Funding for bonus commodities is not included in the TEFAP appropriation and is instead provided by separate USDA budget authority. These funds are used by USDA for bonus commodity purchases for the program throughout the year. TEFAP's administrative funds are discretionary spending and require an annual appropriation.52
In FY2022, there is $981 million available for TEFAP entitlement purchases and administrative funds, including funds from the CARES Act (P.L. 116-136) (discussed further in the “COVID-19
Pandemic Response” section). USDA may also distribute bonus commodities in FY2022. In FY2021 (the most recent year with complete data), USDA distributed $701 million in bonus commodities through TEFAP.53 and administrative funds that states carried over from the prior fiscal year.
Commodity Food Support
Entitlement Commodities
Mandatory funding for TEFAP commodities is authorized by Section 27 of the Food and
Mandatory funding for TEFAP commodities is authorized by Section 27 of the Food and
Nutrition Act (codified at 7 U.S.C. §2036). The act authorizes $250 million annually plus Nutrition Act (codified at 7 U.S.C. §2036). The act authorizes $250 million annually plus
additional amounts each year in FY2019 through FY2023 as a result of amendments made by the additional amounts each year in FY2019 through FY2023 as a result of amendments made by the
2018 farm bill (P.L. 115-334). In FY2019, the additional amount was $23 million; for each of 2018 farm bill (P.L. 115-334). In FY2019, the additional amount was $23 million; for each of
FY2020-FY2023, the additional amount is $35 million. FY2020-FY2023, the additional amount is $35 million.
Both theThe base funding of $250 million base funding of $250 million
and the additional amounts are is adjusted for food price inflation in accordance with USDA’s Thrifty Food Plan, which was updated in 2021.55 Appropriations may also provide additional discretionary funding for commodities beyond the levels set in the Food and Nutrition Act.
54 Funding for TEFAP’s entitlement commodities is typically contained in the Supplemental Nutrition Assistance Program (SNAP) account and appropriations for administrative costs is typically contained in the Commodity Assistance Program account of annual appropriations acts.
55 Amounts are adjusted using the Thrifty Food Plan (TFP), a USDA-calculation that estimates the cost of purchasing a nutritionally adequate low-cost diet. The TFP is the cheapest of four diet plans meeting minimal nutrition requirements devised by USDA. USDA calculates the cost of the TFP each year to account for food price inflation; additionally, in 2021 USDA reassessed the contents of the TFP (often thought of as a market basket of goods), which resulted in an increase to TEFAP entitlement commodity funding starting in FY2022. USDA, FNS, “The Emergency Food Assistance Program (TEFAP): Thrifty Food Plan (TFP) Adjustment of TEFAP Funding,” FNS-GD-2021-0086, August 16, 2021.
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adjusted for food price inflation in accordance with USDA’s
Guide.pdf.
49 See individual state plans for state-specific eligibility rules, which can usually be found on the state agency’s website that administers TEFAP. A list of state agencies that administer TEFAP is available at https://www.fns.usda.gov/contacts. For a summary of state policies as of February 2020, see Feeding America, The Emergency Food Assistance
Program: State Guide, February 2020, https://feedingamericaaction.org/wp-content/uploads/2021/04/Resource_Feeding-America-TEFAP-State-by-State-Guide.pdf.
50 7 C.F.R. §251.5(b); Feeding America, The Emergency Food Assistance Program: State Guide, February 2020, https://feedingamericaaction.org/wp-content/uploads/2021/04/Resource_Feeding-America-TEFAP-State-by-State-Guide.pdf.
51 For an explanation of appropriated mandatory spending, see CRS Report R44582, Overview of Funding Mechanisms
in the Federal Budget Process, and Selected Examples.
52 Funding for TEFAP’s entitlement commodities is typically contained in the Supplemental Nutrition Assistance Program (SNAP) account and appropriations for administrative costs is typically contained in the Commodity Assistance Program account of annual appropriations acts.
53 USDA, FNS, “FY2023 USDA Explanatory Notes – Food and Nutrition Service,” p. 35-134, https://www.usda.gov/sites/default/files/documents/34FNS2022Notes.pdf.
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Thrifty Food Plan.54 Appropriations may also provide additional discretionary funding for commodities beyond the levels set in the Food and Nutrition Act. For FY2022, the Consolidated Appropriations Act, 2022 (P.L. 117-103) and accompanying report language provided $399.75 million for TEFAP entitlement commodities.55
Historically, appropriations laws have allowed states to convert a portion of their funds for Historically, appropriations laws have allowed states to convert a portion of their funds for
entitlement commodities into administrative funds.56 In past years, states were allowed to convert entitlement commodities into administrative funds.56 In past years, states were allowed to convert
10% of funds; FY2018 and FY2019 appropriations acts increased the proportion to 15%, and 10% of funds; FY2018 and FY2019 appropriations acts increased the proportion to 15%, and
FY2020-FY2020-
FY2022FY2023 appropriations acts increased the proportion to 20%.57 States typically exercise appropriations acts increased the proportion to 20%.57 States typically exercise
this option; for example, in this option; for example, in
FY2021FY2022, states converted $, states converted $
54.749.4 million out of a possible $ million out of a possible $
68.4 80 million in eligible funds.58 States are also allowed to carry over entitlement commodity funds into million in eligible funds.58 States are also allowed to carry over entitlement commodity funds into
the next fiscal year.59 the next fiscal year.59
Within USDA, FNS works closely with AMS to determine which entitlement foods are available
Within USDA, FNS works closely with AMS to determine which entitlement foods are available
for TEFAPfor TEFAP
. FNS also solicits and considers input from state and local agencies input from state and local agencies
(discussed further in the “USDA Food Purchasing, Ordering, and Delivery Process” section). According to statute, USDA . According to statute, USDA
must, “to the extent practicable and appropriate, make purchases based on (1) agricultural market must, “to the extent practicable and appropriate, make purchases based on (1) agricultural market
conditions; (2) preferences and needs of States and distributing agencies; and (3) preferences of conditions; (2) preferences and needs of States and distributing agencies; and (3) preferences of
recipients.”60 recipients.”60
TEFAP’s Authorizing Laws
The Emergency Food Assistance Act of 1983: governs TEFAP operations and authorizes discretionary funding for administrative costs (codified at 7 U.S.C. §7501-7516) The Food and Nutrition Act of 2008 (previously the Food Stamp Act): Section 27 authorizes mandatory funding for TEFAP commodities (codified at 7 U.S.C. §2036)
Bonus Commodities
Bonus commodities are purchased at USDA’s discretion throughout the year using separate
Bonus commodities are purchased at USDA’s discretion throughout the year using separate
budget authority. USDA’s purchases of bonus commodities are based on agricultural surpluses or budget authority. USDA’s purchases of bonus commodities are based on agricultural surpluses or
other economic problems, as raised by farm and industry organizations and assessed by USDA’s other economic problems, as raised by farm and industry organizations and assessed by USDA’s
own commodity experts. The amount and type of bonus commodities that USDA purchases for own commodity experts. The amount and type of bonus commodities that USDA purchases for
54 Amounts are adjusted using the Thrifty Food Plan (TFP), a USDA-calculation that estimates the cost of purchasing a nutritionally adequate low-cost diet. The TFP is the cheapest of four diet plans meeting minimal nutrition requirements devised by USDA. USDA calculates the cost of the TFP each year to account for food price inflation; additionally, in 2021 USDA reassessed the contents of the TFP (often thought of as a market basket of goods), which resulted in an increase to TEFAP entitlement commodity funding starting in FY2022. USDA, FNS, “The Emergency Food Assistance Program (TEFAP): Thrifty Food Plan (TFP) Adjustment of TEFAP Funding,” FNS-GD-2021-0086, August 16, 2021.
55 “Explanatory Statement Submitted by Ms. DeLauro, Chair of the House Committee on Appropriations, Regarding the House Amendment to the Senate Amendment to H.R. 2471, Consolidated Appropriations Act, 2022,” Congressional Record, daily edition, vol. 168, no. 42, book 3 (March 9, 2022), p. H1715, https://www.congress.gov/117/crec/2022/03/09/168/42/CREC-2022-03-09-bk3.pdf. TEFAP fluctuates from year to year, and depends largely on agricultural market conditions. States and recipient agencies are not required to accept bonus foods. The level of bonus commodities within TEFAP has fluctuated substantially over time (see Figure 3).
USDA’s purchases of bonus commodities stem from two authorities: Section 32 of the Act of August 24, 1935 and the Commodity Credit Corporation (CCC).61 Section 32 is a permanent appropriation that sets aside the equivalent of 30% of annual customs receipts to support the farm sector through the purchase of surplus commodities and a variety of other activities.62 The CCC is a government-owned entity that finances authorized programs that support U.S. agriculture. Its operations are supported by USDA’s Farm Service Agency. The CCC has permanent, indefinite authority to borrow up to $30 billion from the U.S. Treasury to finance its programs.63
Section 32 has historically financed TEFAP commodities to a greater extent than the Commodity Credit Corporation.64 Unlike CCC support, which is normally limited to price-supported commodities (such as milk, grains, and sugar), Section 32 is less constrained in the types of
56 States may also convert any amount of administrative funds into food funds, but this happens to a lesser extent.
56 States may also convert any amount of administrative funds into food funds, but this happens to a lesser extent.
57 For FY2002-FY2008, states were allowed to convert $10 million of entitlement commodity funds into administrative 57 For FY2002-FY2008, states were allowed to convert $10 million of entitlement commodity funds into administrative
funds. For FY2009-FY2017, states were allowed to convert 10% of entitlement commodity funds into administrative funds. For FY2009-FY2017, states were allowed to convert 10% of entitlement commodity funds into administrative
funds. funds.
58 USDA,
58 USDA,
FNS, “FY2023Office of Budget & Program Analysis, 2024 USDA Explanatory Notes – Food and Nutrition Service, USDA Explanatory Notes – Food and Nutrition Service,
” p. 35-134, https://www.usda.gov/sites/default/files/documents/34FNS2022Notes.pdf p. 35-137. .
59 This has occurred since FY2015 as a result of a provision in the 2014 farm bill (P.L. 113-79).
59 This has occurred since FY2015 as a result of a provision in the 2014 farm bill (P.L. 113-79).
60 Section 27 of the Food and Nutrition Act of 2008 (codified at 7 U.S.C. §2036(b)). 60 Section 27 of the Food and Nutrition Act of 2008 (codified at 7 U.S.C. §2036(b)).
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TEFAP fluctuates from year to year, and depends largely on agricultural market conditions. States and recipient agencies are not required to accept bonus foods.
USDA’s purchases of bonus commodities stem from two authorities:61 For Section 32 purchasing authorities, see Section 32 of the Section 32 of the
Actact of of
August 24, 1935 and the Commodity Credit Corporation (CCC).61 Section 32 is a permanent appropriation that sets aside the equivalent of 30% of annual customs receipts to support the farm sector through the purchase of surplus commodities and a variety of other activities.62 The CCC is a government-owned entity that finances authorized programs that support U.S. agriculture. Its operations are supported by USDA’s Farm Service Agency. The CCC has permanent, indefinite authority to borrow up to $30 billion from the U.S. Treasury to finance its programs.63
Section 32 has historically financed TEFAP commodities to a greater extent than the Commodity Credit Corporation.64 Unlike CCC support, which is normally limited to price-supported commodities (such as milk, grains, and sugar), Section 32 is less constrained in the types of August 24, 1935 (P.L. 74-320). For CCC purchasing authorities, see Section 5 of the CCC Charter Act. The Secretary’s authority to donate such commodities to TEFAP is established by Section 17 of the Commodity Distribution Reform and WIC Amendments Act Of 1987.
62 For more information, see CRS Report RL34081, Farm and Food Support Under USDA’s Section 32 Program. 63 For more information, see CRS Report R44606, The Commodity Credit Corporation (CCC). 64 CRS communication with the Food and Nutrition Service in September 2018.
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commodities that may be provided, and can include meats, poultry, fruits, vegetables, and commodities that may be provided, and can include meats, poultry, fruits, vegetables, and
seafood. seafood.
In FY2021, USDA distributed $701 million in bonus commodities through TEFAP.65 The level of bonus commodities has fluctuated substantially over time (see Figure 3).
Trade Mitigation Purchases
In 2018 and 2019, the Trump Administration announced two trade aid packages aimed at assisting
In 2018 and 2019, the Trump Administration announced two trade aid packages aimed at assisting
farmers impacted by retaliatory tariffs, using CCC authority.farmers impacted by retaliatory tariffs, using CCC authority.
6665 The first trade aid package, The first trade aid package,
announced in August 2018, included $1.2 billion in purchases of commodities for distribution to announced in August 2018, included $1.2 billion in purchases of commodities for distribution to
TEFAP and other domestic food assistance programs.TEFAP and other domestic food assistance programs.
6766 The second trade aid package, announced The second trade aid package, announced
in May 2019, provided another $1.4 billion for such purposes.in May 2019, provided another $1.4 billion for such purposes.
6867 In total, USDA distributed $1.1 In total, USDA distributed $1.1
billion worth of trade mitigation foods through TEFAP in FY2019 and $1.2 billion in FY2020.billion worth of trade mitigation foods through TEFAP in FY2019 and $1.2 billion in FY2020.
69 The Biden Administration has not announced any plans to purchase trade mitigation commodities.
61 For Section 32 purchasing authorities, see Section 32 of the act of August 24, 1935 (P.L. 74-320). For CCC purchasing authorities, see Section 5 of the CCC Charter Act. The Secretary’s authority to donate such commodities to TEFAP is established by Section 17 of the Commodity Distribution Reform and WIC Amendments Act Of 1987.
62 For more information, see CRS Report RL34081, Farm and Food Support Under USDA’s Section 32 Program. 63 For more information, see CRS Report R44606, The Commodity Credit Corporation (CCC). 64 CRS communication with the Food and Nutrition Service in September 2018. 65 USDA, FNS, “FY2023 USDA Explanatory Notes – Food and Nutrition Service,” p. 35-134, https://www.usda.gov/sites/default/files/documents/34FNS2022Notes.pdf.
6668
USDA Food Purchasing, Ordering, and Delivery Process
The processes for procuring and delivering USDA Foods are based on federal law, regulations, and agency policy. The process described in this section is specific to TEFAP, but similar processes are used for other federal nutrition assistance programs that use USDA Foods.
The process starts with determining what foods will be available. In the case of entitlement commodities, FNS and AMS work together to determine a list of foods for the fiscal year that will be procurable by USDA and usable by emergency feeding organizations.69 In the case of bonus commodities, AMS determines which foods it will purchase on an ongoing basis throughout the year based on the needs of producers.
State agencies, in consultation with emergency feeding organizations, place orders via the USDA Foods catalog (in some cases, state agencies delegate this responsibility to food banks).70 They use their allocated entitlement funds to choose foods from a list that includes meats, eggs, grains, fruits, vegetables, beans, nuts, and milk. They can also opt to receive preselected bonus foods, if available. (Types of entitlement and bonus foods available are discussed further in the next section of this report.) Most foods show up in the catalog on a quarterly basis; others are only available in the catalog at certain times of the year (e.g., fresh whole apples).71
Once organizations make their selections, AMS publishes a solicitation via an online system, which “describes USDA’s needs in terms of the product, volume, delivery destination (city/State) and delivery window, and invites approved vendors to submit offers to fill the demand.”72 Pre-
65 For more information, see CRS Report R45310, For more information, see CRS Report R45310,
Farm Policy: USDA’s 2018 Trade Aid Package; and CRS Report ; and CRS Report
R45865, R45865,
Farm Policy: USDA’s 2019 Trade Aid Package. .
6766 For more information, see CRS Report R45310, For more information, see CRS Report R45310,
Farm Policy: USDA’s 2018 Trade Aid Package; and CRS Report ; and CRS Report
R45865, R45865,
Farm Policy: USDA’s 2019 Trade Aid Package. USDA, “USDA Announces Details of Assistance for . USDA, “USDA Announces Details of Assistance for
Farmers Impacted by Unjustified Retaliation,” press release, August 27, 2018, https://www.usda.gov/media/press-Farmers Impacted by Unjustified Retaliation,” press release, August 27, 2018, https://www.usda.gov/media/press-
releases/2018/08/27/usda-announces-details-assistance-farmers-impacted-unjustified. The largest purchases announced releases/2018/08/27/usda-announces-details-assistance-farmers-impacted-unjustified. The largest purchases announced
include pork, sweet cherries, apples, pistachios, dairy, and almonds. include pork, sweet cherries, apples, pistachios, dairy, and almonds.
6867 USDA, “USDA Announces Support for Farmers Impacted by Unjustified Retaliation and Trade Disruption,” press USDA, “USDA Announces Support for Farmers Impacted by Unjustified Retaliation and Trade Disruption,” press
release, May 23, 2019, https://www.usda.gov/media/press-releases/2019/05/23/usda-announces-support-farmers-release, May 23, 2019, https://www.usda.gov/media/press-releases/2019/05/23/usda-announces-support-farmers-
impacted-unjustified-retaliation-and. impacted-unjustified-retaliation-and.
6968 USDA, FNS, “FY2023 USDA Explanatory Notes – Food and Nutrition Service,” p. 35-134, https://www.usda.gov/ USDA, FNS, “FY2023 USDA Explanatory Notes – Food and Nutrition Service,” p. 35-134, https://www.usda.gov/
sites/default/files/documents/34FNS2022Notes.pdfsites/default/files/documents/34FNS2022Notes.pdf
.
69 For the FY2023 list, see USDA, FNS, “USDA Foods Available List for The Emergency Food Assistance Program (TEFAP) FY2023,” April 2023, https://www.fns.usda.gov/tefap/usda-foods-available-list-tefap. 70 7 C.F.R. §250.10; 7 C.F.R. §251.2(i). 71 See “AMS CPP Procurement Schedule” at https://www.ams.usda.gov/selling-food/solicitations. 72 USDA, AMS, “How the Process Works,” https://www.ams.usda.gov/selling-food/how-process-works.
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approved vendors may respond to the solicitation and then AMS reviews the offers and awards contracts. Per the terms of the contract, a vendor may deliver food to a state warehouse, directly to a food bank or emergency feeding organization, or to a food processor (if the state or food bank opts to use a portion of their entitlement funds for this purpose).73 Once the product has been delivered, AMS pays the vendor.74 Depending on the product, it takes roughly two to five months from solicitation through delivery.75
Types of Foods
USDA-purchased agricultural products (
USDA-purchased agricultural products (
USDA Foods) in TEFAP include a variety of products, ) in TEFAP include a variety of products,
such as meats, eggs, vegetables, soup, beans, nuts, peanut butter, cereal, pasta, milk, and juice.such as meats, eggs, vegetables, soup, beans, nuts, peanut butter, cereal, pasta, milk, and juice.
7076 Most foods are nonperishable and ready for distribution when delivered to states, although some Most foods are nonperishable and ready for distribution when delivered to states, although some
foods, such as some meat, dairy, and fresh produce, require refrigeration.foods, such as some meat, dairy, and fresh produce, require refrigeration.
71 States and recipient agencies can request77 USDA has made efforts in recent years to increase kosher and halal USDA Foods and raise awareness of available options.78 States (and sometimes designated recipient agencies) select entitlement commodities from a entitlement commodities from a
listcatalog of USDA Foods. of USDA Foods.
In contrast, USDA selects bonus foods based on market conditions. In
In contrast, USDA selects bonus foods based on market conditions. In
FY2021FY2022, bonus food , bonus food
purchases included “purchases included “
asparagus, beans, peas, lentils, butter, milk, cheese, eggs, orange juice, grapefruit juice, fish, shrimp, chicken, turkey, bison, beef, pork, grapes, raisins, cherries, fig pieces, plums, apricots, dates, cranberries, blueberries, peaches, walnuts, pistachios and almonds.”72
According to a 2012 USDA study, TEFAP foods werepears, dates, raisins, hazelnuts, great northern beans, grapefruit, oranges, pink salmon, Alaska pollock, chicken, pistachios, grapes, haddock, perch, Atlantic pollock, plums, nectarines, peaches, bison, sweet potatoes, almonds, figs, walnuts, sweet cherries, rockfish, shrimp, and whiting.”79
Research has shown that TEFAP foods are relatively nutritious compared to foods in relatively nutritious compared to foods in
the average American diet.the average American diet.
73 The study found that According to a 2012 USDA study, TEFAP entitlement and bonus foods delivered TEFAP entitlement and bonus foods delivered
to states in FY2009 scored 88.9 points out of a possible 100 points on the Healthy Eating Index—to states in FY2009 scored 88.9 points out of a possible 100 points on the Healthy Eating Index—
a measure of compliance with federal dietary guidelines—compared to 57.5 points scored by the a measure of compliance with federal dietary guidelines—compared to 57.5 points scored by the
average American diet.average American diet.
7480 Keeping in mind that TEFAP foods are generally meant to supplement Keeping in mind that TEFAP foods are generally meant to supplement
diets, the study also found that these foods would supply 81% of fruits, 69% of vegetables, 98% diets, the study also found that these foods would supply 81% of fruits, 69% of vegetables, 98%
of grains, 171% of protein, 36% of dairy, 84% of oils, and 39% of the maximum solid fats and of grains, 171% of protein, 36% of dairy, 84% of oils, and 39% of the maximum solid fats and
added sugars recommended for a 2,000-calorie diet.added sugars recommended for a 2,000-calorie diet.
75
Administrative Cash Support
TEFAP provides funds to cover state and recipient agency costs related to processing, storing, transporting, and distributing USDA-purchased commodities, as well as administrative costs related to determining eligibility, training staff, recordkeeping, and other activities.76 Administrative funds can also be used to support states’ food recovery efforts.77
7081 In addition, a 2023 study compared
73 7 C.F.R. §250.11. 74 USDA, AMS, “How the Process Works,” https://www.ams.usda.gov/selling-food/how-process-works. 75 See “AMS CPP Procurement Schedule” at https://www.ams.usda.gov/selling-food/solicitations. 76 USDA, FNS, USDA, FNS,
“USDA Foods Available List for The Emergency Food Assistance Program (TEFAP) 2022, August 30, 2021FY2023,” April 2023, https://www.fns.usda.gov/tefap/usda-foods-available-list-tefap. , https://www.fns.usda.gov/tefap/usda-foods-available-list-tefap.
7177 C. Cabili, E. Eslami, and R. Briefel, C. Cabili, E. Eslami, and R. Briefel,
White Paper on the Emergency Food Assistance Program (TEFAP), prepared by , prepared by
Mathematica for the Office of Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August Mathematica for the Office of Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August
2013, https://fns-prod.azureedge.net/sites/default/files/TEFAPWhitePaper.pdf. USDA added mixed fresh produce 2013, https://fns-prod.azureedge.net/sites/default/files/TEFAPWhitePaper.pdf. USDA added mixed fresh produce
boxes to its TEFAP offerings in 2021 following the completion of the separate Farmers to Families Food Box Program. boxes to its TEFAP offerings in 2021 following the completion of the separate Farmers to Families Food Box Program.
For more information, see USDA, FNS, “TEFAP Fresh Produce,” March 30, 2021, https://www.fns.usda.gov/tefap/For more information, see USDA, FNS, “TEFAP Fresh Produce,” March 30, 2021, https://www.fns.usda.gov/tefap/
fresh-produce. fresh-produce.
7278 USDA, USDA,
FNS, “FY2023Office of Budget & Program Analysis, 2024 USDA Explanatory Notes – Food and Nutrition Service, USDA Explanatory Notes – Food and Nutrition Service,
” p. 35-133, https://www.usda.gov/sites/default/files/documents/34FNS2022Notes.pdf.
73 See USDA, FNS, Nutrient and MyPyramid Analysis of USDA Foods in Five of Its Food and Nutrition Programs, prepared by Westat for the Office of Research and Analysis, January 2012, p. 3-76 to 3-84, https://fns-prod.azureedge.net/sites/default/files/ops/NutrientMyPyramid.pdf.
74 p. 35-136.
79 USDA, Office of Budget & Program Analysis, 2024 USDA Explanatory Notes – Food and Nutrition Service, p. 35-136.
80 Federal dietary guidelines refer to the 2010 USDA Food Patterns, which are based on the Dietary Guidelines for Federal dietary guidelines refer to the 2010 USDA Food Patterns, which are based on the Dietary Guidelines for
Americans.Americans.
75 USDA, FNS, USDA, FNS,
Nutrient and MyPyramid Analysis of USDA Foods in Five of Its Food and Nutrition Programs, ,
prepared by Westat for the Office of Research and Analysis, January 2012, prepared by Westat for the Office of Research and Analysis, January 2012,
https://fns-prod.azureedge.netpp. 3-76–3-84, https://www.fns.usda.gov/sites/default//sites/default/
files/ops/NutrientMyPyramid.pdf.
76 Section 204 of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7508). 77 Section 203D and Section 204 of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. 7§507). Also see C. Cabili, E. Eslami, and R. Briefel, White Paper on the Emergency Food Assistance Program (TEFAP), prepared by Mathematica for the Office of Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August
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files/ops/NutrientMyPyramid.pdf.
81 USDA, FNS, Nutrient and MyPyramid Analysis of USDA Foods in Five of Its Food and Nutrition Programs, (continued...)
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TEFAP’s list of available foods in FY2022 with the Healthy Eating Research Nutrition Guidelines for the Charitable Food System, which classify foods as green (choose often), yellow (choose sometimes), or red (choose rarely) based primarily on the amount of saturated fat, sodium, and added sugars they contain.82 The study found that 59% of TEFAP foods were in the green category, 36% were in the yellow category, and 3% were in the red category (2% were not ranked because they were condiments or cooking staples).83
Administrative Cash Support TEFAP provides funds to cover state and recipient agency costs related to processing, storing, transporting, and distributing USDA-purchased commodities, as well as administrative costs related to determining eligibility, training staff, recordkeeping, and other activities.84 Administrative funds can also be used to support states’ food recovery efforts.85
The Emergency Food Assistance Act of 1983 authorizes $100 million to be appropriated annually
The Emergency Food Assistance Act of 1983 authorizes $100 million to be appropriated annually
for administrative costs.for administrative costs.
78 In recent years, annual appropriations acts have provided approximately $8086 In FY2023, appropriators designated $92 million in discretionary funding for TEFAP administrative funds million in discretionary funding for TEFAP administrative funds
.79, up from approximately $80 million in recent years.87
The Emergency Food Assistance Act of 1983 also authorizes up to $15 million to be appropriated
The Emergency Food Assistance Act of 1983 also authorizes up to $15 million to be appropriated
for TEFAP infrastructure grants (and this authority was extended by the 2018 farm bill). Funds for TEFAP infrastructure grants (and this authority was extended by the 2018 farm bill). Funds
were last appropriated for these grants in FY2010.were last appropriated for these grants in FY2010.
80 In FY202188 In 2021, USDA , USDA
madeannounced $100 million $100 million
availablein American Rescue Plan Act (ARPA; P.L. 117-2) funding for new for new
Reach and Resiliency grants that grants that
will include infrastructure improvements include infrastructure improvements
(discussed below).(discussed below).
8189
The statute specifies that administrative funds must be made available to states, which must in
The statute specifies that administrative funds must be made available to states, which must in
turn distribute at least 40% of the funds to emergency feeding organizations.turn distribute at least 40% of the funds to emergency feeding organizations.
8290 However, states are
prepared by Westat for the Office of Research and Analysis, January 2012, https://www.fns.usda.gov/sites/default/files/ops/NutrientMyPyramid.pdf.
82 Healthy Eating Research, Healthy Eating Research Nutrition Guidelines for the Charitable Food System, March 2020, p. 11.
83 M.F. Gombi-Vaca and M.B. Schwartz, “Evaluation of US Department of Agriculture Foods Programs for Households Using Nutrition Guidelines for the Charitable Food System,” Journal of the Academy of Nutrition and Dietetics, 2023.
84 Section 204 of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7508). 85 Section 203D and Section 204 of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. 7§507). Also see C. Cabili, E. Eslami, and R. Briefel, White Paper on the Emergency Food Assistance Program (TEFAP), prepared by Mathematica for the Office of Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August 2013, https://fns-prod.azureedge.net/sites/default/files/TEFAPWhitePaper.pdf.
86 Section 204 of the Emergency Food Assistance Act Of 1983 (codified at 7 U.S.C. §7508). 87 “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Congressional Record, vol. 168, book 3, p. S7829 (December 19, 2022). However, states are required to match whatever administrative funds they keep. As a result, states typically send nearly all of these funds to emergency feeding organizations.83
States can convert any amount of their administrative funds to food funds, but this happens to a lesser extent than the conversion of food funds to administrative funds.84
Other Funding
Farm to Food Bank Projects
The 2018 farm bill (§4018 of P.L. 115-334) authorized projects to support the harvesting, processing, packaging, and/or transportation of raw or unprocessed commodities from agricultural producers, processors, and distributors to emergency feeding organizations—termed Farm to Food Bank Projects by USDA. The law provided $4 million in annual mandatory funding for the projects from FY2019 to FY2023 and required at least a 50% nonfederal match. It also required states to include a plan of operations for Farm to Food Bank Projects in their state TEFAP plans in order to receive funding. The law gave USDA discretion to determine how funds would be allocated to such states; through rulemaking published in October 2019, USDA established that funds would be allocated the same way as current TEFAP entitlement funds:
2013, https://fns-prod.azureedge.net/sites/default/files/TEFAPWhitePaper.pdf.
78 Section 204 of the Emergency Food Assistance Act Of 1983 (codified at 7 U.S.C. §7508). 79 The amount was $81 million in FY2022 and $79.6 million in FY2021 and FY2020, according to the committee The amount was $81 million in FY2022 and $79.6 million in FY2021 and FY2020, according to the committee
reports accompanying the Consolidated Appropriations Act, 2022 (P.L. 117-103), Consolidated Appropriations Act, reports accompanying the Consolidated Appropriations Act, 2022 (P.L. 117-103), Consolidated Appropriations Act,
2021 (P.L. 116-260), and the Further Consolidated Appropriations Act, 2020 (P.L. 116-94). 2021 (P.L. 116-260), and the Further Consolidated Appropriations Act, 2020 (P.L. 116-94).
8088 USDA, FNS, USDA, FNS,
The Emergency Food Assistance Program (TEFAP) General Infrastructure Grant, ,
https://www.fns.usda.gov/emergency-food-assistance-program-tefap-general-infrastructure-grant; Section 209 of the https://www.fns.usda.gov/emergency-food-assistance-program-tefap-general-infrastructure-grant; Section 209 of the
Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7511a). Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7511a).
8189 USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank
Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-
healthy-food-food-insecure-americans. healthy-food-food-insecure-americans.
8290 Section 204 of the Emergency Food Assistance Act Of 1983 (codified at 7 U.S.C. §7508). Section 204 of the Emergency Food Assistance Act Of 1983 (codified at 7 U.S.C. §7508).
83 For the percentage of administrative funds distributed to recipient organizations by state, see USDA, FNS, “Percentage of TEFAP Administrative Funds Passed Through from State Agencies to Emergency Feeding Organizations: FY2020,” https://www.fns.usda.gov/tefap/percentage-tefap-administrative-funds-passed-through-state-agencies-emergency-feeding.
84 USDA, FNS, “FY2023 USDA Explanatory Notes – Food and Nutrition Service,” p. 35-134, https://www.usda.gov/sites/default/files/documents/34FNS2022Notes.pdf.
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based on state’s shares of households in poverty and unemployed persons (see the “State
Allocation Formula” section).85
FNS awarded Farm to Food Bank funds to 19 states in FY2020, 24 states in FY2021, and 29 states in FY2022 that submitted plans to implement projects.86States may count funds they spend on direct expenses of emergency feeding organizations toward this requirement.
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required to match whatever administrative funds they keep. As a result, states typically send nearly all of these funds to emergency feeding organizations.91
States can convert any amount of their administrative funds to food funds, but this happens to a lesser extent than the conversion of food funds to administrative funds.92
Other Funding
Farm to Food Bank Projects
The 2018 farm bill (§4018 of P.L. 115-334) authorized projects to support the harvesting, processing, packaging, and/or transportation of raw or unprocessed commodities from agricultural producers, processors, and distributors to emergency feeding organizations—termed Farm to Food Bank Projects by USDA. The law provided $4 million in annual mandatory funding for the projects from FY2019 to FY2023 and required at least a 50% nonfederal match. It also required states to include a plan of operations for Farm to Food Bank Projects in their state TEFAP plans in order to receive funding. The law gave USDA discretion to determine how funds would be allocated to such states; through rulemaking published in October 2019, USDA established that funds would be allocated the same way as current TEFAP entitlement funds: based on state’s shares of households in poverty and unemployed persons (see “State Allocation Formula”).93
FNS awarded Farm to Food Bank funds to 19 states in FY2020, 24 states in FY2021, 29 states in FY2022, and 28 states in FY2023 that submitted plans to implement projects.94 Projects typically focus on setting Projects typically focus on setting
up state-level infrastructure to facilitate relationships between agricultural donors and feeding up state-level infrastructure to facilitate relationships between agricultural donors and feeding
organizations, rescuing or gleaning commodities, processing foods into end products, and organizations, rescuing or gleaning commodities, processing foods into end products, and
distributing foods through food bank networks. Some states distributing foods through food bank networks. Some states
are usingused funds to support statewide funds to support statewide
initiatives, while others have funded specific projects carried out by a single organization or initiatives, while others have funded specific projects carried out by a single organization or
group of organizations. Likewise, some projects support various agricultural sectors while others group of organizations. Likewise, some projects support various agricultural sectors while others
focus on specific commodities (e.g., blueberries and cheese). In many cases, federal funding is focus on specific commodities (e.g., blueberries and cheese). In many cases, federal funding is
supporting pre-existing state and local initiatives.supporting pre-existing state and local initiatives.
87
Reach and Resiliency Grants
In June 2021, the Biden Administration announced its intent to use $100 million in funds provided by the American Rescue Plan Act (ARPA; P.L. 117-2) 95
91 For the percentage of administrative funds distributed to recipient organizations by state, see USDA, FNS, “Percentage of TEFAP Administrative Funds Passed Through from State Agencies to Emergency Feeding Organizations: FY2021,” https://www.fns.usda.gov/tefap/percentage-tefap-administrative-funds-passed-through-state-agencies-emergency-feeding.
92 USDA, Office of Budget & Program Analysis, 2024 USDA Explanatory Notes – Food and Nutrition Service, p. 35-136.
93 USDA, FNS, “The Emergency Food Assistance Program: Implementation of the Agriculture Improvement Act of 2018,” 84 Federal Register 52997 October 4, 2019, https://www.federalregister.gov/documents/2019/10/04/2019-21665/the-emergency-food-assistance-program-implementation-of-the-agriculture-improvement-act-of-2018. For more information on Farm to Food Bank Projects, see USDA, FNS, “The Emergency Food Assistance Program Farm to Food Bank Project Grants,” https://www.fns.usda.gov/tefap/farm-to-food-bank-project-grants. 94 USDA, FNS, “The Emergency Food Assistance Program Farm to Food Bank Project Grants,” December 1, 2022, https://www.fns.usda.gov/tefap/farm-to-food-bank-project-grants.
95 USDA, FNS, “FY 2022 Farm to Food Bank Project Summaries,” https://www.fns.usda.gov/tefap/fy-2022-farm-food-bank-project-summaries.
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Reach and Resiliency Grants
In June 2021, the Biden Administration announced its intent to use $100 million in ARPA funds for infrastructure grants for for infrastructure grants for
emergency feeding organizations.emergency feeding organizations.
8896 FNS issued a Request for Applications for a first round of FNS issued a Request for Applications for a first round of
Reach and Resiliency grants in December 2021 that explained that the grants would be awarded grants in December 2021 that explained that the grants would be awarded
competitively to TEFAP state agencies to expand the program into remote, rural, tribal, and low-competitively to TEFAP state agencies to expand the program into remote, rural, tribal, and low-
income areas currently underserved by TEFAP.income areas currently underserved by TEFAP.
8997 Funds may be used for needs assessments, Funds may be used for needs assessments,
equipment and supplies, building and warehouse renovations, mobile distribution infrastructure, equipment and supplies, building and warehouse renovations, mobile distribution infrastructure,
staff training, and outreach to underserved populations, among other activities. staff training, and outreach to underserved populations, among other activities.
In June 2022, FNS FNS
awarded $39 million awarded $39 million
into 38 states in June 2022 for the first round of Reach and Resiliency Reach and Resiliency
funds to 38 states.90grants, and $58.5 million to 40 states in a second round of awards in June 2023.98
Funding Trends
Figure 3 displays TEFAP funding for administrative costs, entitlement commodities, and bonus displays TEFAP funding for administrative costs, entitlement commodities, and bonus
commodities from the program’s inception (FY1983) to commodities from the program’s inception (FY1983) to
FY2021FY2022 in constant (inflation-adjusted) in constant (inflation-adjusted)
dollars (seedollars (see
Appendix A for specific dollar amounts). Available TEFAP funding reached a recent for specific dollar amounts). Available TEFAP funding reached a recent
high in FY2020 as a result of additional funding for entitlement commodities and administrative high in FY2020 as a result of additional funding for entitlement commodities and administrative
costs provided by COVID-19 pandemic response acts and the Trump Administration’s trade costs provided by COVID-19 pandemic response acts and the Trump Administration’s trade
mitigation program. Previously, spending was highest around the time of the program’s inception, mitigation program. Previously, spending was highest around the time of the program’s inception,
85 USDA, FNS, “The Emergency Food Assistance Program: Implementation of the Agriculture Improvement Act of 2018,” 84 Federal Register 52997 October 4, 2019, https://www.federalregister.gov/documents/2019/10/04/2019-21665/the-emergency-food-assistance-program-implementation-of-the-agriculture-improvement-act-of-2018. For more information on Farm to Food Bank Projects, see USDA, FNS, “The Emergency Food Assistance Program Farm to Food Bank Project Grants,” https://www.fns.usda.gov/tefap/farm-to-food-bank-project-grants.
86 USDA, FNS, “The Emergency Food Assistance Program Farm to Food Bank Project Grants,” March 4, 2021, https://www.fns.usda.gov/tefap/farm-to-food-bank-project-grants.
87 USDA, FNS, “FY 2022 Farm to Food Bank Project Summaries,” https://www.fns.usda.gov/tefap/fy-2022-farm-food-bank-project-summaries.
88when TEFAP served as a means for disposing of large stockpiles of government-held commodities (for further legislative history, see Appendix C).
96 USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank USDA, “USDA to Invest $1 Billion to Purchase Healthy Food for Food Insecure Americans and Build Food Bank
Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-Capacity,” June 4, 2021, https://www.usda.gov/media/press-releases/2021/06/04/usda-invest-1-billion-purchase-
healthy-food-food-insecure-americans. healthy-food-food-insecure-americans.
8997 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),” CDFA 10.568, December 6, 2021. Request for Applications (RFA),” CDFA 10.568, December 6, 2021.
90 USDA, FNS, “TEFAP Reach and Resiliency: Round One Projects,” June 1, 2022, https://www.fns.usda.gov/tefap/reach-resiliency-grant-round-one-awards. Also see98 USDA, FNS, “TEFAP Reach and Resiliency Grant Initiative,” USDA, FNS, “TEFAP Reach and Resiliency Grant Initiative,”
https://www.fns.usda.gov/tefap/reach-resiliency-grant. https://www.fns.usda.gov/tefap/reach-resiliency-grant.
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when TEFAP served as a means for disposing of large stockpiles of government-held commodities (for further legislative history, see Appendix C).
Figure 3. TEFAP Funding, FY1983-FY2021FY2022
Source: CRS calculations using USDA, FNS Congressional Budget Justifications for FY1983-CRS calculations using USDA, FNS Congressional Budget Justifications for FY1983-
FY2023FY2024. Amounts . Amounts
are in are in
FY2020FY2022 dol ars, adjusted for GDP inflation by CRS using Office of Management and Budget (OMB), dol ars, adjusted for GDP inflation by CRS using Office of Management and Budget (OMB),
“Historical Tables: Table 10.1—Gross Domestic Product and Deflators Used in the Historical Tables: 1940–“Historical Tables: Table 10.1—Gross Domestic Product and Deflators Used in the Historical Tables: 1940–
20272028.” .”
Notes: Graph displays food and administrative funds made available to states and USDA bonus purchases. Graph displays food and administrative funds made available to states and USDA bonus purchases.
State funds are after conversion of any entitlement commodity funds to administrative funds, and administrative funds to commodity funds, and include any entitlement food and administrative funds that states carried over from the prior fiscal year. Graph does not include Farm to Food Bank Project funding. In FY2009 and FY2010, entitlement food and administrative fund amounts include supplemental American Recovery and Reinvestment Act (ARRA) funding. ARRA included $100 mil ion in TEFAP commodity funding and $50 mil ion in TEFAP administrative funding that was distributed in FY2009 and FY2010. An additional $28 mil ion in ARRA funds were reprogrammed as TEFAP administrative funds in FY2010Graph does not include Farm to Food Bank Project or Reach and Resiliency Grant funding. For additional notes, see Table A-1. .
State Allocation Formula
TEFAP’s entitlement commodity and administrative funds are allocated to states based on a TEFAP’s entitlement commodity and administrative funds are allocated to states based on a
statutory formula that takes into account poverty and unemployment rates.statutory formula that takes into account poverty and unemployment rates.
9199 Specifically, USDA Specifically, USDA
calculates each state’s share of the total national number of households with incomes below the calculates each state’s share of the total national number of households with incomes below the
federal poverty level and each state’s share of the total national number of unemployed federal poverty level and each state’s share of the total national number of unemployed
individuals. A state’s share of households in poverty is then multiplied by 60% and its share of individuals. A state’s share of households in poverty is then multiplied by 60% and its share of
unemployed individuals is multiplied by 40% to calculate the state’s share of TEFAP unemployed individuals is multiplied by 40% to calculate the state’s share of TEFAP
commodities and funds. For example, if a state has 4% of all households in poverty and 2% of all commodities and funds. For example, if a state has 4% of all households in poverty and 2% of all
unemployed individuals, it would receive (4% x 60% = 2.4%) + (2% x 40% = 0.8%) = 3.2% of unemployed individuals, it would receive (4% x 60% = 2.4%) + (2% x 40% = 0.8%) = 3.2% of
91TEFAP funds.100 As noted previously, states may carry over any extra food or administrative funds for one fiscal year (e.g., from FY2022 to FY2023).
99 7 C.F.R. §251.3(h). Administrative funds use the same formula as commodities according to Section 204 of the 7 C.F.R. §251.3(h). Administrative funds use the same formula as commodities according to Section 204 of the
Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7508). Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7508).
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The100 This explanation draws upon Appendix B of C. Cabili, E. Eslami, and R. Briefel, White Paper on the Emergency Food Assistance Program (TEFAP), prepared by Mathematica for the Office of Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August 2013, https://fns-prod.azureedge.net/sites/default/files/TEFAPWhitePaper.pdf.
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The Emergency Food Assistance Program (TEFAP): Background and Funding
Food Assistance Program (TEFAP): Background and Funding
TEFAP funds.92 As noted previously, states may carry over any extra food or administrative funds for one fiscal year (e.g., from FY2021 to FY2022).
State Funding
States must match any administrative funds that are not allocated to emergency feeding States must match any administrative funds that are not allocated to emergency feeding
organizations or expended by the state on behalf of such organizations.organizations or expended by the state on behalf of such organizations.
93101 In practice, most states In practice, most states
use 80% to 100% of their administrative funds to support emergency feeding organizations, use 80% to 100% of their administrative funds to support emergency feeding organizations,
resulting in a small state match requirement.resulting in a small state match requirement.
94102
Beyond the state match, 14 states reported supplying additional state funds “to support the
Beyond the state match, 14 states reported supplying additional state funds “to support the
TEFAP program either directly or indirectly” in a national survey conducted by the Washington TEFAP program either directly or indirectly” in a national survey conducted by the Washington
State Department of Agriculture in 2015.State Department of Agriculture in 2015.
95103
There is also a maintenance of effort requirement in TEFAP, meaning that states cannot reduce
There is also a maintenance of effort requirement in TEFAP, meaning that states cannot reduce
their own funding or commodity support for recipient agencies below the level that they were their own funding or commodity support for recipient agencies below the level that they were
supporting such organizations at the program’s inception or FY1988 (when the maintenance of supporting such organizations at the program’s inception or FY1988 (when the maintenance of
effort went into effect)—whichever is later.effort went into effect)—whichever is later.
96104
Role of TEFAP During Disasters and Emergencies
There are two main ways TEFAP can be deployed in disaster response: (1) transferring TEFAP There are two main ways TEFAP can be deployed in disaster response: (1) transferring TEFAP
foods to disaster response organizations for distribution to households (foods to disaster response organizations for distribution to households (
Disaster Household
Distribution programs) and (2) adjusting TEFAP program rules and/or distributing additional aid programs) and (2) adjusting TEFAP program rules and/or distributing additional aid
through TEFAP. Both of these approaches have been used during the COVID-19 pandemic through TEFAP. Both of these approaches have been used during the COVID-19 pandemic
(discussed in the next section). (discussed in the next section).
During a presidentially declared disaster or emergency, USDA may approve state requests to
During a presidentially declared disaster or emergency, USDA may approve state requests to
operate Disaster Household Distribution programs and repurpose USDA Foods (largely from operate Disaster Household Distribution programs and repurpose USDA Foods (largely from
TEFAP) for direct distribution to households in areas affected by an emergency or disaster.TEFAP) for direct distribution to households in areas affected by an emergency or disaster.
97105 USDA later replenishes or reimburses TEFAP and federal nutrition assistance programs for the USDA later replenishes or reimburses TEFAP and federal nutrition assistance programs for the
reprogrammed foods.reprogrammed foods.
98106 Disaster Household Distribution facilitates faster distribution to Disaster Household Distribution facilitates faster distribution to
92 This explanation draws upon Appendix B of C. Cabili, E. Eslami, and R. Briefel, White Paper on the Emergency
Food Assistance Program (TEFAP), prepared by Mathematica for the Office of Policy Support, Food and Nutrition Service, U.S. Department of Agriculture, August 2013, https://fns-prod.azureedge.net/sites/default/files/TEFAPWhitePaper.pdf.
93households by reducing administrative requirements (e.g., removing eligibility determinations); however, it temporarily results in lower USDA Foods inventory for TEFAP and other federal nutrition assistance programs. USDA authorized Disaster Household Distribution using TEFAP foods in several states in recent years, including during the COVID-19 pandemic.107
101 Section 204 of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7508). Section 204 of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7508).
94102 USDA, FNS, “Percentage of TEFAP Administrative Funds Passed Through from State Agencies to Emergency USDA, FNS, “Percentage of TEFAP Administrative Funds Passed Through from State Agencies to Emergency
Feeding OrganizationsFeeding Organizations
(EFO): FY2020: FY2021,” https://www.fns.usda.gov/tefap/percentage-tefap-administrative-funds-,” https://www.fns.usda.gov/tefap/percentage-tefap-administrative-funds-
passed-through-state-agencies-emergency-feeding. Note that territories are passed-through-state-agencies-emergency-feeding. Note that territories are
exemptexempted from the matching requirement if it from the matching requirement if it
is under $200,000 (7 C.F.R. §251.9). is under $200,000 (7 C.F.R. §251.9).
95 See103 Washington State Department of Agriculture, Washington State Department of Agriculture,
The Emergency Food Assistance Program (TEFAP): Distribution
National Survey 2015, AGR 609-574. , AGR 609-574.
96104 Section 215 of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7516). Section 215 of the Emergency Food Assistance Act of 1983 (codified at 7 U.S.C. §7516).
97105 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; USDA, FNS, “USDA Foods September 2017, https://fns-prod.azureedge.net/sites/default/files/fdd/disaster-manual.pdf; USDA, FNS, “USDA Foods
Disaster Assistance,” https://www.fns.usda.gov/disaster/usda-foods-disaster-assistance. Note that households cannot Disaster Assistance,” https://www.fns.usda.gov/disaster/usda-foods-disaster-assistance. Note that households cannot
receive both disaster SNAP benefits and disaster USDA Foods. USDA Foods for household consumption are most receive both disaster SNAP benefits and disaster USDA Foods. USDA Foods for household consumption are most
often obtained from inventories intended for TEFAP, the Commodity Supplemental Food Program, and the Food often obtained from inventories intended for TEFAP, the Commodity Supplemental Food Program, and the Food
Distribution Program on Indian Reservations. Distribution Program on Indian Reservations.
98106 7 C.F.R. §250.69(g). 107 For example, foods intended for TEFAP were used for disaster response in Florida, Texas, and Puerto Rico following Hurricanes Irma, Harvey, and Maria in 2017. For a list of FNS’s disaster response by state, see USDA, FNS, “State by State FNS Disaster Assistance,” https://www.fns.usda.gov/disaster/state-by-state.
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7 C.F.R. §250.69(g).
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households by reducing administrative requirements (e.g., removing eligibility determinations); however, it temporarily results in lower USDA Foods inventory for TEFAP and other federal nutrition assistance programs. USDA authorized Disaster Household Distribution using TEFAP foods in several states in recent years, including during the COVID-19 pandemic.99
Additional foods may also be distributed through TEFAP to aid in disaster and emergency
Additional foods may also be distributed through TEFAP to aid in disaster and emergency
response, and additional flexibilities may be provided. Congress may provide supplemental response, and additional flexibilities may be provided. Congress may provide supplemental
funding for disaster or emergency feeding through TEFAP, as was the case during the COVID-19 funding for disaster or emergency feeding through TEFAP, as was the case during the COVID-19
pandemic and during hurricanes and wildfires in recent years.pandemic and during hurricanes and wildfires in recent years.
100108 In addition, USDA and/or states In addition, USDA and/or states
may adjust certain program rules during a disaster or emergency (e.g., by amending state plans). may adjust certain program rules during a disaster or emergency (e.g., by amending state plans).
COVID-19 Pandemic Response
TEFAP has been involved in responding to theThe COVID-19 pandemic COVID-19 pandemic
in terms ofresponse included both transferring both transferring
TEFAP foods to Disaster Household Distribution programs and distributing a higher volume of foods foods to Disaster Household Distribution programs and distributing a higher volume of foods
and funds through TEFAP.through TEFAP.
101109
During the early months of the COVID-19 pandemic, USDA authorized some states’ requests to
During the early months of the COVID-19 pandemic, USDA authorized some states’ requests to
use TEFAP foods for Disaster Household Distribution. Following the presidential emergency use TEFAP foods for Disaster Household Distribution. Following the presidential emergency
declaration for COVID-19, USDA approved requests from 21 states, Guam, and 33 tribal nations declaration for COVID-19, USDA approved requests from 21 states, Guam, and 33 tribal nations
to repurpose TEFAP foods for Disaster Household Distribution.to repurpose TEFAP foods for Disaster Household Distribution.
102110 These approvals had different These approvals had different
timeframes but typically ended by July 2020. timeframes but typically ended by July 2020.
There was also additional federal aid distributed through TEFAP as a result of funding provided
There was also additional federal aid distributed through TEFAP as a result of funding provided
by COVID-19 pandemic response acts. Specifically, supplemental appropriations for TEFAP by COVID-19 pandemic response acts. Specifically, supplemental appropriations for TEFAP
entitlement foods and administrative funds were provided by the Families First Coronavirus entitlement foods and administrative funds were provided by the Families First Coronavirus
Response Act (FFCRA; P.L. 116-127) ($400 million), the CARES Act (P.L. 116-136) ($450 Response Act (FFCRA; P.L. 116-127) ($400 million), the CARES Act (P.L. 116-136) ($450
million), and the Consolidated Appropriations Act, FY2021 (P.L. 116-260) ($400 million). In million), and the Consolidated Appropriations Act, FY2021 (P.L. 116-260) ($400 million). In
addition, the Biden Administration decided to use another $500 million in CARES Act funds for addition, the Biden Administration decided to use another $500 million in CARES Act funds for
TEFAP entitlement purchases and administrative funds and $100 million in ARPA funds for TEFAP entitlement purchases and administrative funds and $100 million in ARPA funds for
Reach and Resiliency grants (discussed previously).Reach and Resiliency grants (discussed previously).
103111 These amounts and authorities are shown These amounts and authorities are shown
ii
n Table 12.
During the pandemic, USDA also encouraged states to make policy changes within TEFAP to
During the pandemic, USDA also encouraged states to make policy changes within TEFAP to
facilitatefacilitate
safe food distribution, such as expanding eligibility rules for participants and waiving food distribution, such as expanding eligibility rules for participants and waiving
signature requirements for the receipt of TEFAP foods.signature requirements for the receipt of TEFAP foods.
104
99 For example, foods intended for TEFAP were used for disaster response in Florida, Texas, and Puerto Rico following Hurricanes Irma, Harvey, and Maria in 2017. For a list of FNS’s disaster response by state, see USDA, FNS, “State by State FNS Disaster Assistance,” https://www.fns.usda.gov/disaster/state-by-state. 100112
108 For example, the Bipartisan Budget Act of 2018 (P.L. 115-123) provided $24 million in supplemental funding for For example, the Bipartisan Budget Act of 2018 (P.L. 115-123) provided $24 million in supplemental funding for
TEFAP commodities and administrative funds to jurisdictions that received a major disaster or emergency declaration TEFAP commodities and administrative funds to jurisdictions that received a major disaster or emergency declaration
related to the consequences of Hurricanes Harvey, Irma, and Maria or wildfires in 2017. related to the consequences of Hurricanes Harvey, Irma, and Maria or wildfires in 2017.
101109 For further discussion of the use of TEFAP in responding to the COVID-19 pandemic, see CRS Report R46681, For further discussion of the use of TEFAP in responding to the COVID-19 pandemic, see CRS Report R46681,
USDA Nutrition Assistance Programs: Response to the COVID-19 Pandemic. .
102110 USDA, FNS, “Disaster Household Distribution,” June 11, 2020, https://www.fns.usda.gov/usda-foods/covid-19- USDA, FNS, “Disaster Household Distribution,” June 11, 2020, https://www.fns.usda.gov/usda-foods/covid-19-
disaster-household-distribution. disaster-household-distribution.
103111 USDA, FNS, “The Emergency Food Assistance Program (TEFAP): Allocation of Supplemental Food and USDA, FNS, “The Emergency Food Assistance Program (TEFAP): Allocation of Supplemental Food and
Administrative Funds from Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act),” Administrative Funds from Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act),”
FNS-GD-2021-0083, August 4, 2021. FNS-GD-2021-0083, August 4, 2021.
104112 USDA, FNS, “Questions and Answers related to COVID-19 and the Emergency Food Assistance Program 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(TEFAP),” May 22, 2020, https://www.fns.usda.gov/tefap/covid-19-qas
; USDA, Office of Inspector General (OIG), COVID-19—Oversight of the Emergency Food Assistance Program—Final Report, August 18, 2023, https://usdaoig.oversight.gov/reports/inspection-evaluation/covid-19-oversight-emergency-food-assistance-program-final-report.
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Table 12. COVID-19 Response Funding for TEFAP
Budget
Authority
Authority (in order of
(millions of
Authorityenactment)
Description
Timeframe
dollars)
Families First Coronavirus
Families First Coronavirus
Response
Supplemental funding for TEFAP entitlement
Supplemental funding for TEFAP entitlement
foods,
Made
400
400
Response Act (FFCRA; P.L. 116-Act (FFCRA; P.L. 116-
127), Division
foods, up to $100 mil ion of which could be up to $100 mil ion of which could be
used for
A, Title I, “Commodity Assistance
administrative costs (available through FY2021).
available to
127), Division A, Title I,
used for administrative costs.a
states in
“Commodity Assistance
FY2020
Program”
Program”
CARES Act (P.L. 116-136),
CARES Act (P.L. 116-136),
Division B,
Supplemental funding for TEFAP entitlement
Supplemental funding for TEFAP entitlement
foods,
Made
450
450
Division B, Title I, “Commodity Title I, “Commodity
Assistance
foods, up to $150 mil ion of which could be up to $150 mil ion of which could be
used for
Program”
administrative costs (available through FY2021).
available to
Assistance Program”
used for administrative costs.b
states in FY2020
CARES Act (P.L. 116-136),
CARES Act (P.L. 116-136),
Division B,
Funding for USDA "to prevent, prepare for,
Funding for USDA "to prevent, prepare for,
and
Made
500
500
Division B, Title I, “Office of the Title I, “Office of the
Secretary”
and respond to coronavirus by providing respond to coronavirus by providing
available to
Secretary”
support for support for
agricultural producersagricultural producers
.” USDA
states in
” (no expiration). USDA used used
$500 mil ion for supplemental TEFAP $500 mil ion for supplemental TEFAP
entitlement
FY2022
entitlement foods, up to $100 of which could be used for foods, up to $100 of which could be used for
administrative fundadministrative fund
s.ac
Consolidated Appropriations
Consolidated Appropriations
Act,
Supplemental funding for TEFAP entitlement
Supplemental funding for TEFAP entitlement
foods,
Made
400
400
Act, 2021 (P.L. 116-260), 2021 (P.L. 116-260),
Division N, Title
foods, up to $80 mil ion of which could be up to $80 mil ion of which could be
used for
VII, Section 711
administrative costs (available through FY2021).
available to
Division N, Title VII, Section
used for administrative costs.d
states in
711
FY2021
American Rescue Plan Act of
American Rescue Plan Act of
2021
Funding for USDA “to make loans and grants
Funding for USDA “to make loans and grants
and Made
100
100
2021 (ARPA; P.L. 117-2), Title I, (ARPA; P.L. 117-2), Title I,
Section
and provide other assistance to maintain and provide other assistance to maintain and
improve
available to
Section 1001(b)(4) 1001(b)(4)
improve food and agricultural supply chain food and agricultural supply chain
resiliency” (no expiration). USDA used
states in
resiliency.” USDA designated $100 mil ion
FY2022 and
$100 mil ion for TEFAP for TEFAP
Reach and Resiliency Reach and Resiliency
grants.b
grants.e
FY2023
Total
1,850
Source: CRS, based on the referenced laws and USDA funding announcements (cited below). CRS, based on the referenced laws and USDA funding announcements (cited below).
aNotes: Amounts made available are not necessarily the amounts expended by states. a. USDA, FNS, “Additional Information on FY 2020 Funding Sources for TEFAP,” FNS-GD-2020-0091, June
12, 2020.
b. USDA, FNS, “The Emergency Food Assistance Program (TEFAP): Allocation of Coronavirus Aid, Relief, and
Economic Security Act Supplemental Appropriations,” FNS-GD-2020-0052, April 4, 2020.
c. USDA, FNS, “The Emergency Food Assistance Program (TEFAP): Allocation of Supplemental Food and . USDA, FNS, “The Emergency Food Assistance Program (TEFAP): Allocation of Supplemental Food and
Administrative Funds from Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES
Administrative Funds from Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES
Act),” FNS-GD-2021-0083, August 4, 2021. Act),” FNS-GD-2021-0083, August 4, 2021.
bd. USDA, FNS, “FY 2021 Food and Administrative Funding for The Emergency Food Assistance Program,”
February 16, 2021.
e. USDA, FNS, “USDA Foods from Farm to Plate: Household Highlights, December 2021,” December 22, . USDA, FNS, “USDA Foods from Farm to Plate: Household Highlights, December 2021,” December 22,
2021.
2021.
Farm Bill Reauthorization
TEFAP is typically amended and reauthorized through farm bills. The 2018 farm bill (P.L. 115-TEFAP is typically amended and reauthorized through farm bills. The 2018 farm bill (P.L. 115-
334) extended TEFAP’s funding authorization334) extended TEFAP’s funding authorization
, including an increase for entitlement commodities, through FY2023.105 and increased funding for entitlement commodities
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through FY2023.113 The law also authorized The law also authorized
Farm to Food Bank Projects (discussed previously) and provided $4 million in annual mandatory funding for such projects (discussed previously) and provided $4 million in annual mandatory funding for such projects
through FY2023. through FY2023.
TheIn addition, the 2018 farm bill 2018 farm bill
also required states to include, in their TEFAP state plans, a required states to include, in their TEFAP state plans, a
plan to provide emergency feeding organizations and other recipient agencies with the plan to provide emergency feeding organizations and other recipient agencies with the
opportunity to provide input on commodity preferences and needs (e.g., in regard to USDA opportunity to provide input on commodity preferences and needs (e.g., in regard to USDA
Foods), such as through a state advisory board. In addition, the law required USDA to issue Foods), such as through a state advisory board. In addition, the law required USDA to issue
105 For further discussion, see CRS Report R45525, The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side
Comparison.
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The Emergency Food Assistance Program (TEFAP): Background and Funding
guidance outlining best practices to minimize food waste of commodities donated by non-USDA guidance outlining best practices to minimize food waste of commodities donated by non-USDA
entities.entities.
106114
Prior farm bills have also increased funding for TEFAP’s entitlement commodities, including in
Prior farm bills have also increased funding for TEFAP’s entitlement commodities, including in
2014 (P.L. 113-79) and 2008 (P.L. 110-246). The 2014 farm bill also required USDA to develop a 2014 (P.L. 113-79) and 2008 (P.L. 110-246). The 2014 farm bill also required USDA to develop a
plan to increase purchases of Kosher and Halal foods and allowed TEFAP funds to be spent over plan to increase purchases of Kosher and Halal foods and allowed TEFAP funds to be spent over
two fiscal years. two fiscal years.
106
113 For further discussion, see CRS Report R45525, The 2018 Farm Bill (P.L. 115-334): Summary and Side-by-Side Comparison.
114 USDA issued guidance regarding this provision on August 15, 2019; USDA, FNS, “Best Practices to Minimize USDA issued guidance regarding this provision on August 15, 2019; USDA, FNS, “Best Practices to Minimize
Food Waste of Privately Donated Foods to The Emergency Food Assistance Program (TEFAP) State Agencies and Food Waste of Privately Donated Foods to The Emergency Food Assistance Program (TEFAP) State Agencies and
Emergency Feeding Organizations,” August 15, 2019, https://www.fns.usda.gov/tefap/best-practices-minimize-food-Emergency Feeding Organizations,” August 15, 2019, https://www.fns.usda.gov/tefap/best-practices-minimize-food-
waste. waste.
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2527 The Emergency Food Assistance Program (TEFAP): Background and Funding
Appendix A. TEFAP Funding, FY1983-FY2021FY2022
Table A-1. Total TEFAP Funding, FY1983-FY2021
Constant (inflation-adjusted) FY2021FY2022
(constant [inflation-adjusted] FY2022 dollars in millions dollars in millions
)
Disaster and
Trade
Annual
Annual
COVID-19
Mitigation
Fiscal
Administrative
Entitlement
Bonus
Foods and
Foods and
Year
Funds
Foods
Foods
Funds
Funds
Total
1983
1983
124132
-
-
2,
2,
062184
-
-
-
-
2,186316
1984
1984
119126
-
-
2,
2,
441586
-
-
-
-
2,560712
1985
1985
130138
-
-
2,
2,
222354
-
-
-
-
2,352492
1986
1986
112119
-
-
1,8942,007
-
-
-
-
2,006125
1987
1987
109115
-
-
1,
1,
841950
-
-
-
-
1,9502,066
1988
1988
105111
-
-
1,
1,
130198
-
-
-
-
1,236309
1989
1989
101
324
274107
343
290
-
-
-
-
699740
1990
1990
98
313
234104
331
248
-
-
-
-
645683
1991
1991
94
286
168100
303
178
-
-
-
-
548581
1992
1992
81
274
15486
290
163
-
-
-
-
509539
1993
1993
79
281
18684
298
197
-
-
-
-
546578
1994
1994
69
206
8473
218
89
-
-
-
-
359380
1995
1995
67
109
5971
116
63
-
-
-
-
235249
1996
1996
50
81
2353
85
25
-
-
-
-
155164
1997
1997
67
210
4771
222
50
-
-
-
-
324343
1998
1998
74
160
17478
169
184
-
-
-
-
407431
1999
1999
72
141
16977
149
180
-
-
-
-
382405
2000
2000
67
152
24971
161
264
-
-
-
-
468496
2001
2001
67
149
47871
158
507
-
-
-
-
694736
2002
2002
80
199
25385
211
268
-
-
-
-
532563
2003
2003
86
187
34791
198
368
-
-
-
-
619656
2004
2004
83
179
32588
190
345
-
-
-
-
587622
2005
2005
79
176
20884
187
221
-
-
-
-
463491
2006
2006
83
170
8788
180
93
8
8
-
-
348368
2007
2007
74
166
7478
175
78
-
-
-
-
313332
2008
2008
70
223
21874
237
231
-
-
-
-
512542
2009
2009
109
413
459115
437
486
a
-
-
9801,038
2010
2010
147
280
418155
296
443
a
-
-
844895
2011
2011
83
269
27788
285
294
-
-
-
-
629666
2012
2012
76
281
35181
297
372
-
-
-
-
708750
2013
2013
73
282
260
6
-
62278
298
276
7
-
659
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Disaster and
Trade
Annual
Annual
COVID-19
Mitigation
Fiscal
Administrative
Entitlement
Bonus
Foods and
Foods and
Year
Funds
Foods
Foods
Funds
Funds
Total
2014
2014
77
301
33582
318
355
-
-
-
-
713755
2015
2015
83
365
33887
386
358
-
-
-
-
785832
2016
2016
86
355
33991
376
359
-
-
-
-
780826
2017
2017
91
324
29396
343
310
-
-
-
-
707749
2018
2018
97
306
329
26
-
758
2019
156
267
422
0
1,109
1,954
2020
141
95
735
623
1,225
2,818
2021
158
320
701
397
-
1,577102
325
349
27
-
803
2019
165
283
447
0
1,175
2,070
2020b
149
100
780
660
1,299
2,989
2021b
168
339
742
421
-
1,669
2022b,c
136
465
517
500
-
1,619
Source: CRS calculations using USDA, FNS Congressional Budget Justifications for FY1983-CRS calculations using USDA, FNS Congressional Budget Justifications for FY1983-
FY2023FY2024. Amounts . Amounts
are in are in
FY2021FY2022 dol ars, adjusted for GDP inflation by CRS using Office of Management and Budget (OMB), dol ars, adjusted for GDP inflation by CRS using Office of Management and Budget (OMB),
“Historical Tables: Table 10.1—Gross Domestic Product and Deflators Used in the Historical Tables: 1940–“Historical Tables: Table 10.1—Gross Domestic Product and Deflators Used in the Historical Tables: 1940–
2027.” Notes: 2028.” Notes: Subtotals may not sum to totals due to rounding. Table displays food and administrative funds made available to states and USDA bonus purchases. State Table displays food and administrative funds made available to states and USDA bonus purchases. State
funds are after conversion of any entitlement commodity funds to administrative funds, and administrative funds funds are after conversion of any entitlement commodity funds to administrative funds, and administrative funds
to commodity funds, and include any entitlement food and administrative funds that states carried over from the to commodity funds, and include any entitlement food and administrative funds that states carried over from the
prior fiscal year.prior fiscal year.
Table does not include Farm to Food Bank Project funding. a. In FY2009 and FY2010, entitlement food and administrative fund amounts include supplemental American a. In FY2009 and FY2010, entitlement food and administrative fund amounts include supplemental American
Recovery and Reinvestment Act (ARRA) funding. ARRA included $100 mil ion in TEFAP commodity funding
Recovery and Reinvestment Act (ARRA) funding. ARRA included $100 mil ion in TEFAP commodity funding
and $50 mil ion in TEFAP administrative funding that was distributed in FY2009 and FY2010. An additional and $50 mil ion in TEFAP administrative funding that was distributed in FY2009 and FY2010. An additional
$28 mil ion in ARRA funds were reprogrammed as TEFAP administrative funds in FY2010$28 mil ion in ARRA funds were reprogrammed as TEFAP administrative funds in FY2010
.
b. Table does not include Farm to Food Bank Project funding (for award amounts, see USDA, FNS, “The
Emergency Food Assistance Program Farm to Food Bank Project Grants,” December 1, 2022, https://www.fns.usda.gov/tefap/farm-to-food-bank-project-grants).
c. Table does not include FY2022 Reach and Resiliency grant funding (for award amounts, see USDA, FNS,
“Reach and Resiliency Grant Initiative,” March 14, 2023, https://www.fns.usda.gov/tefap/reach-resiliency-grant).
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2729 The Emergency Food Assistance Program (TEFAP): Background and Funding
Appendix B. TEFAP Spending by State, FY2021FY2022
Table B-1. TEFAP Expenditures by State, FY2021FY2022
Disaster
Annual
Annual
Foods and
Administrative
Entitlement
Administrative
Bonus Foods
Fundsa ($)Fundsa
Foodsa ($)
Bonus Foods
Fundsb ($)
($)
Total ($)
Alabama
Alabama
$2,181,440
$5,387,164
$7,792,463
$7,834,317
$23,195,385
Alaska
286,636
810,711
1,271,750
1,615,573
3,984,670
Arizona
3,566,548
6,323,016
12,849,390
12,594,499
35,333,453
Arkansas
797,552
5,433,548
5,627,083
5,541,670
17,399,853
California
21,531,202
44,761,982
66,209,824
61,715,000
194,218,008
Colorado
1,647,363
8,763,942
9,231,649
8,008,714
27,651,668
Connecticut
926,647
3,463,122
3,583,363
4,096,753
12,069,886
Delaware
197,038
1,105,109
2,769,826
2,546,860
6,618,833
DC
237,055
1,566,272
660,147
383,771
2,847,246
Florida
6,248,120
29,636,451
35,004,018
35,056,192
105,944,781
Georgia
3,828,735
11,358,173
16,314,179
17,052,976
48,554,063
Hawaii
370,701
1,781,630
1,090,285
1,441,887
4,684,502
Idaho
657,353
2,082,247
2,184,924
1,852,510
6,777,034
Il inois
3,017,139
19,249,508
18,227,488
19,392,548
59,886,683
Indiana
1,444,395
8,902,446
10,719,211
10,847,251
31,913,303
Iowa
576,866
2,585,512
3,611,806
4,643,180
11,417,365
Kansas
1,042,975
2,514,845
3,599,674
4,034,524
11,192,018
Kentucky
2,024,067
4,573,117
8,041,846
7,584,523
22,223,553
Louisiana
3,026,758
7,739,571
8,201,273
9,742,087
28,709,689
Maine
280,922
1,404,215
2,922,146
2,219,872
6,827,155
Maryland
2,511,120
8,222,959
1,711,104
2,045,270
14,490,453
Massachusetts
2,261,967
12,820,927
8,068,378
6,909,251
30,060,523
Michigan
4,529,339
9,185,141
17,172,126
19,711,858
50,598,464
Minnesota
1,523,101
6,496,604
5,194,667
4,499,106
17,713,478
Mississippi
1,002,116
3,460,180
5,612,055
5,553,807
15,628,158
Missouri
1,285,049
5,727,671
7,931,538
9,266,401
24,210,658
Montana
652,142
1,585,912
1,390,712
1,673,449
5,302,215
Nebraska
644,907
1,234,213
2,207,106
2,110,545
6,196,771
Nevada
1,133,996
5,532,162
6,647,865
5,698,429
19,012,451
New Hampshire
176,043
1,143,237
1,738,817
1,368,309
4,426,407
New Jersey
4,735,067
8,503,356
12,356,686
11,249,139
36,844,249
New Mexico
1,388,363
2,708,826
5,504,916
4,763,859
14,365,964
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Disaster
Annual
Annual
Foods and
Administrative
Entitlement
Administrative
Fundsa
Foodsa
Bonus Foods
Fundsb
Total
New York
10,866,095
26,584,004
32,207,782
28,642,850
98,300,731
North Carolina
5,239,896
9,221,017
15,543,921
15,988,951
45,993,785
North Dakota
160,440
868,938
1,087,343
1,059,268
3,175,988
Ohio
5,566,264
11,468,014
19,136,479
18,227,771
54,398,529
Oklahoma
911,484
6,642,133
6,754,046
5,812,553
20,120,216
Oregon
1,808,435
6,518,326
7,015,254
4,808,293
20,150,308
Pennsylvania
6,177,349
11,416,978
22,373,462
24,721,947
64,689,736
Rhode Island
393,576
1,585,518
778,213
1,144,185
3,901,493
South Carolina
1,265,908
6,009,758
9,099,494
7,066,665
23,441,825
South Dakota
167,705
1,439,414
1,241,007
1,134,021
3,982,147
Tennessee
2,533,957
8,821,542
10,259,932
10,360,936
31,976,366
Texas
10,018,893
32,438,094
52,985,977
45,657,116
141,100,080
Utah
903,192
1,680,139
3,293,629
3,889,061
9,766,021
Vermont
107,059
640,586
1,359,964
478,276
2,585,884
Virginia
3,265,596
7,506,763
7,498,466
7,029,223
25,300,048
Washington
3,239,271
6,693,580
12,081,376
9,342,474
31,356,700
West Virginia
972,648
2,215,870
3,376,603
6,216,655
12,781,776
Wisconsin
2,555,412
6,259,725
6,098,598
6,075,001
20,988,736
Wyoming
151,504
645,334
840,812
523,955
2,161,604
Northern
0
219,050
0
207,075
426,125
Mariana Islandsc
Guam
63,326
227,028
194,099
648,446
1,132,899
Puerto Rico
4,025,248
12,846,132
7,513,137
5,010,244
29,394,761
Virgin Islands
105,610
206,289
426,098
426,808
1,164,806
Total
134,635,141
403,129,420
516,614,004
497,525,903 1,551,904,46
8
Source: Data acquired through CRS communication with USDA on June 15, 2023. Notes: Table does not include FY2022 Reach and Resiliency grant funding (for award amounts, see USDA, FNS, “Reach and Resiliency Grant Initiative,” March 14, 2023, https://www.fns.usda.gov/tefap/reach-resiliency-grant) or Farm to Food Bank grant funding (for award amounts, see USDA, FNS, “FY 2022 Farm to Food Bank Project Summaries,” November 10, 2021, https://www.fns.usda.gov/tefap/fy-2022-farm-food-bank-project-summaries). Amounts may not sum to totals2,234,566
5,213,005
12,735,552
2,320,973
22,504,096
Alaska
306,209
1,010,458
1,261,130
11,121,878
13,699,675
Arizona
3,597,725
9,319,940
12,997,441
9,421,348
35,336,454
Arkansas
1,093,312
3,111,183
5,606,530
21,455,175
31,266,200
California
19,074,789
34,820,613
81,451,559
70,293,633
205,640,593
Colorado
2,007,123
5,249,934
7,943,662
11,324,221
26,524,940
Connecticut
812,829
2,369,160
7,117,482
5,103,024
15,402,495
Delaware
328,618
1,261,184
1,729,950
480,208
3,799,960
D.C.
275,960
793,330
2,108,325
5,880,538
9,058,153
Florida
12,451,135
21,538,939
39,894,655
52,865,168
126,749,897
Georgia
4,502,732
14,307,345
15,059,340
20,385,996
54,255,412
Hawaii
330,543
1,966,233
3,350,352
727,488
6,374,617
Idaho
513,793
1,045,402
3,322,469
1,320,259
6,201,923
Il inois
8,519,937
8,766,618
25,799,233
4,985,056
48,070,844
Indiana
3,287,341
5,664,601
13,305,907
3,484,295
25,742,144
Iowa
1,415,720
3,143,731
4,616,186
27,364,631
36,540,268
Kansas
1,264,294
3,321,397
6,615,640
15,635,430
26,836,762
Kentucky
2,183,373
4,249,620
10,459,775
5,872,554
22,765,322
Louisiana
2,705,277
2,745,296
12,521,585
10,847,098
28,819,257
Maine
341,519
927,968
2,139,261
15,211,473
18,620,220
Maryland
2,078,752
2,486,499
11,247,832
8,739,626
24,552,709
Massachusetts
1,806,376
3,591,589
13,095,060
1,186,759
19,679,783
Michigan
5,017,072
11,444,512
19,723,087
5,187,321
41,371,991
Minnesota
1,924,715
3,397,205
7,605,579
28,020,505
40,948,004
Mississippi
860,210
4,943,718
12,368,767
7,082,774
25,255,470
Missouri
1,372,169
8,676,176
9,250,899
13,316,447
32,615,691
Montana
590,306
457,986
1,954,108
8,137,031
11,139,431
Nebraska
634,915
1,753,363
2,055,986
1,676,763
6,121,026
Nevada
886,010
2,722,249
7,458,632
22,664,435
33,731,326
New Hampshire
407,010
1,037,148
2,188,628
1,383,032
5,015,818
New Jersey
3,708,953
8,581,649
14,017,454
2,966,519
29,274,575
New Mexico
1,157,065
3,356,009
3,570,134
1,589,649
9,672,858
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link to page 27 link to page 27 link to page 27 link to page 27 The Emergency Food Assistance Program (TEFAP): Background and Funding
Disaster
Annual
Annual
Foods and
Administrative
Entitlement
Administrative
Bonus Foods
Fundsa ($)
Foodsa ($)
Fundsb ($)
($)
Total ($)
New York
9,408,430
23,538,877
45,515,593
16,079,821
94,542,721
North Carolina
4,611,381
12,113,311
19,932,759
6,692,602
43,350,053
North Dakota
339,386
494,825
977,282
12,099,464
13,910,957
Ohio
7,080,356
12,270,166
27,210,614
39,703,321
86,264,457
Oklahoma
990,107
2,846,251
11,653,941
28,716,809
44,207,108
Oregon
1,792,909
2,066,243
9,059,463
9,708,047
22,626,662
Pennsylvania
7,485,328
8,908,036
28,775,352
9,751,753
54,920,470
Rhode Island
376,449
529,538
3,225,591
28,376,304
32,507,882
South Carolina
1,690,848
7,343,822
10,663,462
5,058,396
24,756,528
South Dakota
277,042
805,142
1,798,034
1,231,581
4,111,798
Tennessee
2,496,557
6,757,945
15,622,829
10,237,665
35,114,996
Texas
12,498,157
40,491,764
53,245,321
1,953,003
108,188,244
Utah
1,472,686
2,885,666
4,684,800
14,075,826
23,118,978
Vermont
241,897
522,590
1,157,860
71,947,266
73,869,613
Virginia
3,678,337
6,294,032
11,711,212
5,053,428
26,737,009
Washington
3,853,732
7,398,245
16,365,669
9,952,095
37,569,741
West Virginia
938,220
2,136,981
4,361,404
181,245
7,617,850
Wisconsin
3,239,638
3,117,393
11,404,586
669,177
18,430,794
Wyoming
150,000
576,861
777,526
15,697,096
17,201,483
Northern
41,175
173,524
205,429
9,248,568
9,668,696
Mariana Islandsc
Guam
107,011
344,811
1,290,408
5,132,165
6,874,395
Puerto Rico
3,557,178
6,404,150
19,649,000
1,561,578
31,171,906
Virgin Islands
85,264
113,502
370,318
0
569,084
Total
154,116,347
335,558,763
736,303,331
701,178,517
1,927,143,046
Source: Data acquired through CRS communication with USDA on May 9, 2022. Notes: Amounts may not sum to total due to rounding and the fol owing: (1) entitlement food total includes $29 due to rounding and the fol owing: (1) entitlement food total includes $3.3 mil ion in spending on federal food procurement administrative expenses; (2) totals for administrative costsmil ion in spending on federal food procurement administrative expenses; (2) totals for administrative costs
, and entitlement foodsentitlement foods
, and disaster aid include anticipated adjustments of include anticipated adjustments of
$13,913, -$25,006,599, and $62,072,677, -$1.6 mil ion and $1.6 mil ion respectively. respectively.
a. Entitlement foods and administrative funds categories include funds carried over from a. Entitlement foods and administrative funds categories include funds carried over from
FY2020FY2021. Table shows . Table shows
expenditures after conversion of any entitlement commodity funds to administrative funds, and
expenditures after conversion of any entitlement commodity funds to administrative funds, and
administrative funds to commodity funds. administrative funds to commodity funds.
b. Disaster Foods and Administrative Funds category
b. Disaster Foods and Administrative Funds category
includesrefers to COVID-19 response funding provided under COVID-19 response funding provided under
FFCRA (P.L. 116-127), the CARES Act (P.L. 116-136), and the Consolidated Appropriations Act, FY2021 (P.L. 116-260Division B, Title 1 of the CARES Act (P.L. 116-136). ).
c. USDA provided the Commonwealth of the Northern Mariana Islands with cash in lieu of commodities in
c. USDA provided the Commonwealth of the Northern Mariana Islands with cash in lieu of commodities in
FY2021FY2022. .
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Appendix C. Legislative History of TEFAP
Program Inception107115
In 1982, the Reagan Administration created a discretionary dairy distribution program to dispose In 1982, the Reagan Administration created a discretionary dairy distribution program to dispose
of stockpiles of CCC-purchased commodities (namely, cheese and butter). This effort occurred in of stockpiles of CCC-purchased commodities (namely, cheese and butter). This effort occurred in
the aftermath of reductions in federal food assistance (e.g., food stamps) legislated in 1981 and the aftermath of reductions in federal food assistance (e.g., food stamps) legislated in 1981 and
1982 and in the midst of an economic recession and concern over hunger and homelessness. 1982 and in the midst of an economic recession and concern over hunger and homelessness.
USDA distributed the foods to states, which selected recipient organizations. USDA distributed the foods to states, which selected recipient organizations.
As the program developed, there were requests for additional types of commodities such as flour,
As the program developed, there were requests for additional types of commodities such as flour,
rice, and rice, and
non-fatnonfat dry milk that USDA had purchased and put in storage. In addition, there were dry milk that USDA had purchased and put in storage. In addition, there were
reports of local organizations declining foods because of a lack of storage and distribution reports of local organizations declining foods because of a lack of storage and distribution
capacity. These and other factors prompted pressure for federal cash assistance as well as capacity. These and other factors prompted pressure for federal cash assistance as well as
increased variety and volume of foods. In 1983, Congress followed up with funding for grants to increased variety and volume of foods. In 1983, Congress followed up with funding for grants to
help with distribution costs and legislative authority that created the Temporary Emergency Food help with distribution costs and legislative authority that created the Temporary Emergency Food
Assistance Program (TEFAP) (P.L. 98-8 and P.L. 98-92). Establishment of TEFAP helped reduce Assistance Program (TEFAP) (P.L. 98-8 and P.L. 98-92). Establishment of TEFAP helped reduce
federal commodity inventory and storage costs, provided an alternative source of food assistance federal commodity inventory and storage costs, provided an alternative source of food assistance
for low-income individuals, and supported an expanding network of charitable emergency for low-income individuals, and supported an expanding network of charitable emergency
feeding providers that also drew food and resources from private sources.feeding providers that also drew food and resources from private sources.
108116
Changes to TEFAP’s Funding109117
USDA continued to distribute large amounts of CCC-purchased foods (including cheese, butter, USDA continued to distribute large amounts of CCC-purchased foods (including cheese, butter,
nonfat dry milk, cornmeal, flour, honey, and rice) through FY1988. That year, CCC holdings nonfat dry milk, cornmeal, flour, honey, and rice) through FY1988. That year, CCC holdings
began to drop substantially because of changes in agricultural policies and the economy, and the began to drop substantially because of changes in agricultural policies and the economy, and the
Reagan Administration indicated plans to phase out TEFAP. Instead, Congress authorized a Reagan Administration indicated plans to phase out TEFAP. Instead, Congress authorized a
specific level of funding (starting at $120 million for FY1989) for USDA to buy commodities for specific level of funding (starting at $120 million for FY1989) for USDA to buy commodities for
distribution through TEFAP, entitling the program to a minimum level of support regardless of the distribution through TEFAP, entitling the program to a minimum level of support regardless of the
level of federal commodity holdings (P.L. 100-435). The law also created a separate program to level of federal commodity holdings (P.L. 100-435). The law also created a separate program to
buy commodities for soup kitchens and food banks not receiving TEFAP commodities buy commodities for soup kitchens and food banks not receiving TEFAP commodities
(mandatory funding was provided at $40 million for FY1989). The separate program was (mandatory funding was provided at $40 million for FY1989). The separate program was
established out of a concern that some food banks had trouble meeting TEFAP rules, and that established out of a concern that some food banks had trouble meeting TEFAP rules, and that
most commodities for emergency feeding were going to local agencies that distributed food most commodities for emergency feeding were going to local agencies that distributed food
packages directly to individuals and families (e.g., food pantries), rather than to soup kitchens, packages directly to individuals and families (e.g., food pantries), rather than to soup kitchens,
homeless shelters, and other organizations serving meals in congregate settings. homeless shelters, and other organizations serving meals in congregate settings.
107
In 1990, the omnibus farm bill (P.L. 101-624) changed funding for TEFAP and the soup kitchen program from appropriated mandatory to discretionary (dependent on annual appropriations
115 Adapted from CRS Report RL30164, Adapted from CRS Report RL30164,
The Emergency Food Assistance Program and Emergency Feeding Needs; ;
and CRS Issue Brief IB85095, and CRS Issue Brief IB85095,
Commodity Donations to the Poor: The Temporary Emergency Food Assistance
Program. (These reports are no longer available.) (These reports are no longer available.)
108116 Further discussion of the history and expansion of the emergency feeding network is in Doug O’Brien, Erinn Staley, Further discussion of the history and expansion of the emergency feeding network is in Doug O’Brien, Erinn Staley,
Stephanie Uchima, Eleanor Thompson, and Halley Torres Aldeen, Stephanie Uchima, Eleanor Thompson, and Halley Torres Aldeen,
The Charitable Food Assistance System: The
Sector’s Role in Ending Hunger in America, UPS Foundation and the Congressional Hunger Center, 2004, UPS Foundation and the Congressional Hunger Center, 2004,
https://www.hungercenter.org/wp-content/uploads/2012/10/The-Charitable-Food-Assistance-System-Americas-https://www.hungercenter.org/wp-content/uploads/2012/10/The-Charitable-Food-Assistance-System-Americas-
Second-Harvest.pdf.Second-Harvest.pdf.
109117 Adapted from CRS Report RL30164, Adapted from CRS Report RL30164,
The Emergency Food Assistance Program and Emergency Feeding Needs; ;
and CRS Issue Brief IB85095, and CRS Issue Brief IB85095,
Commodity Donations to the Poor: The Temporary Emergency Food Assistance
Program. (These reports are no longer available.) (These reports are no longer available.)
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In 1990, the omnibus farm bill (P.L. 101-624) changed funding for TEFAP and the soup kitchen program from appropriated mandatory to discretionary (dependent on annual appropriations decisions). The law also removed the word “Temporary” from the program title. Over the next decisions). The law also removed the word “Temporary” from the program title. Over the next
few years, funding for TEFAP declined, reaching an all-time low in FY1996. However, that same few years, funding for TEFAP declined, reaching an all-time low in FY1996. However, that same
year, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA; P.L. 104-year, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA; P.L. 104-
193) reinstated appropriated mandatory funding ($100 million per year through FY2002) for 193) reinstated appropriated mandatory funding ($100 million per year through FY2002) for
TEFAP’s entitlement foods, partly in an effort to provide a safety net for households losing access TEFAP’s entitlement foods, partly in an effort to provide a safety net for households losing access
to food stamps as a result of other provisions in the law. PRWORA also incorporated the soup to food stamps as a result of other provisions in the law. PRWORA also incorporated the soup
kitchen program into TEFAP. kitchen program into TEFAP.
Following these changes, funding generally increased in the late 1990s and early to mid-2000s.
Following these changes, funding generally increased in the late 1990s and early to mid-2000s.
There was another dip in appropriations in FY2006 and FY2007, but the 2008 farm bill raised There was another dip in appropriations in FY2006 and FY2007, but the 2008 farm bill raised
annual entitlement purchases to $250 million starting in FY2009 (indexed annually for food-price annual entitlement purchases to $250 million starting in FY2009 (indexed annually for food-price
inflation in later years).inflation in later years).
110118 There were also supplemental funds available for TEFAP in FY2009 There were also supplemental funds available for TEFAP in FY2009
and FY2010 as a result of ARRA. In addition, the 2014 farm bill increased mandatory funding for and FY2010 as a result of ARRA. In addition, the 2014 farm bill increased mandatory funding for
TEFAP’s entitlement commodities by a Congressional Budget Office (CBO)-estimated $125 TEFAP’s entitlement commodities by a Congressional Budget Office (CBO)-estimated $125
million over five years.million over five years.
111119 Total funding from FY2011 to FY2018 hovered around $600-$700 Total funding from FY2011 to FY2018 hovered around $600-$700
million annually.million annually.
112120
Recent Changes and Increases in Spending
As discussed in this report, there has been an influx of federal aid in TEFAP in recent years. The As discussed in this report, there has been an influx of federal aid in TEFAP in recent years. The
2018 farm bill increased funding for TEFAP’s entitlement foods by a CBO-estimated $105 2018 farm bill increased funding for TEFAP’s entitlement foods by a CBO-estimated $105
million over five years. It also provided mandatory funding of $4 million for each of FY2019-million over five years. It also provided mandatory funding of $4 million for each of FY2019-
FY2023 for new Farm to Food Bank Projects. These projectsFY2023 for new Farm to Food Bank Projects. These projects
, which provide funds directly to provide funds directly to
local organizations, are emblematic of a recent debate over USDA’s food purchasing role in TEFAP. This debate resurfaced at the start of the COVID-19 pandemic and contributed to USDA’s creation of a temporary program, the Farmers to Families Food Box Program, which attempted to expedite the federal purchasing process.113local organizations (in contrast to TEFAP’s traditional structure of federally purchased foods).
In August 2018, the Trump Administration announced an additional $1.2 billion for TEFAP bonus
In August 2018, the Trump Administration announced an additional $1.2 billion for TEFAP bonus
purchases as part of its trade aid package.purchases as part of its trade aid package.
114121 These and another round of purchases ($1.4 billion) These and another round of purchases ($1.4 billion)
were distributed through TEFAP in FY2019 and FY2020.were distributed through TEFAP in FY2019 and FY2020.
115122 In FY2020 In FY2020
and FY2021- FY2022, TEFAP saw , TEFAP saw
another influx of aid as lawmakers aimed to use the program to address increased demand for another influx of aid as lawmakers aimed to use the program to address increased demand for
110food assistance during the COVID-19 pandemic.123 In total, approximately $1.9 billion was available for TEFAP in FY2019, approximately $2.7 billion was available for TEFAP in FY2020, and approximately $1.6 billion was available in FY2021 and FY2022—more than double the amounts available in recent prior years. It is unclear whether this level of spending is a new normal for TEFAP, or whether it will return to previous levels.
118 See CRS Report RL33934, See CRS Report RL33934,
The 2008 Farm Bill: A Summary of Major Provisions and Legislative Action (available (available
to congressional clients upon request). to congressional clients upon request).
111119 See CRS Report R43332, See CRS Report R43332,
SNAP and Related Nutrition Provisions of the 2014 Farm Bill (P.L. 113-79). .
112120 USDA, FNS Congressional Budget Justifications for FY2008-FY2020, available at USDA, “Congressional USDA, FNS Congressional Budget Justifications for FY2008-FY2020, available at USDA, “Congressional
Justifications: Archived USDA Explanatory Notes,” https://www.usda.gov/obpa/congressional-justifications. Justifications: Archived USDA Explanatory Notes,” https://www.usda.gov/obpa/congressional-justifications.
113 USDA, AMS webinar on April 21, 2020, recording available at https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box.
114
121 For more information, see CRS Report R45310, For more information, see CRS Report R45310,
Farm Policy: USDA’s 2018 Trade Aid Package; and CRS Report ; and CRS Report
R45865, R45865,
Farm Policy: USDA’s 2019 Trade Aid Package. USDA, “USDA Announces Details of Assistance for . USDA, “USDA Announces Details of Assistance for
Farmers Impacted by Unjustified Retaliation,” press release, August 27, 2018, https://www.usda.gov/media/press-Farmers Impacted by Unjustified Retaliation,” press release, August 27, 2018, https://www.usda.gov/media/press-
releases/2018/08/27/usda-announces-details-assistance-farmers-impacted-unjustified. The largest purchases announced releases/2018/08/27/usda-announces-details-assistance-farmers-impacted-unjustified. The largest purchases announced
include pork, sweet cherries, apples, pistachios, dairy, and almonds. include pork, sweet cherries, apples, pistachios, dairy, and almonds.
115122 USDA, “USDA Announces Support for Farmers Impacted by Unjustified Retaliation and Trade Disruption,” press USDA, “USDA Announces Support for Farmers Impacted by Unjustified Retaliation and Trade Disruption,” press
release, May 23, 2019, https://www.usda.gov/media/press-releases/2019/05/23/usda-announces-support-farmers-release, May 23, 2019, https://www.usda.gov/media/press-releases/2019/05/23/usda-announces-support-farmers-
impacted-unjustified-retaliation-and. impacted-unjustified-retaliation-and.
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food assistance during the COVID-19 pandemic.116 In total, approximately $1.9 billion was available for TEFAP in FY2019, $2.7 billion was available for TEFAP in FY2020, and nearly $1.6 billion was available in FY2021—more than double the amount available in recent prior years. It is unclear whether this level of spending is a new normal for TEFAP, or whether it will return to previous levels.123 Nicholas Kulish, “‘Never Seen Anything Like It’: Cars Line Up for Miles at Food Banks,” April 8, 2020, New York Times, https://www.nytimes.com/2020/04/08/business/economy/coronavirus-food-banks.html.
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Author Information
Kara Clifford Billings Kara Clifford Billings
Analyst in Social Policy
Analyst in Social Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
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116 Nicholas Kulish, “‘Never Seen Anything Like It’: Cars Line Up for Miles at Food Banks,” April 8, 2020, New York
Times, https://www.nytimes.com/2020/04/08/business/economy/coronavirus-food-banks.html.
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· VERSION 68 · UPDATED
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