Order Code RL33102
CRS Report for Congress
Received through the CRS Web
Federal Food Assistance in Disasters:
Hurricanes Katrina and Rita
September 23, 2005
Joe Richardson
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

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Federal Food Assistance in Disasters: Hurricanes
Katrina and Rita
Summary
The Food Stamp program, child nutrition programs, the Special Supplemental
Nutrition Program for Women, Infants and Children (the WIC program), and
federally donated food commodities delivered through relief organizations provide
major support in disasters like Hurricanes Katrina and Rita. Existing laws authorize
the Agriculture Department to change eligibility and benefit rules to facilitate
emergency aid, and, in the short term, funding and federally provided food
commodities are available without the need for additional appropriations.
With regard to Hurricane Katrina, numerous food assistance program rules have
been waived — e.g., granting at least one-month’s food stamp benefits to affected
households, authorizing free school meals to affected children, greatly easing
eligibility documentation requirements. It also is likely that these same (or
expanded) rules will apply in the wake of Hurricane Rita.
However, a number of potential issues are likely to face Congress in the longer
term — e.g., administrative costs, how long to extend disaster rules, costs associated
with replenishing commodity stocks used to help hurricane victims, additional
funding for the WIC program in affected areas, how to deal with those made
temporarily eligible (like some noncitizens normally barred from participation in
food stamps), whether to increase normal benefits and loosen eligibility rules for
those affected.
Several bills were introduced in response to Hurricane Katrina (S. 1695 and
H.R. 3809 are the most prominent). They would expand on the steps the
Administration has already taken. For example, they would lengthen the period
during which disaster rules apply, further ease eligibility and benefit rules for food
stamps, and mandate extra money to support the distribution of food commodities
and the WIC program.
With respect to food assistance, no Administration proposals have yet been
advanced, nor has legislation directly related to Hurricane Rita been introduced.
Specific disaster-related food assistance funding has not yet been proposed as part of
the appropriations process.
This report will be updated as events warrant.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
What Executive and Congressional Entities Have Jurisdiction? . . . . . . . . . . 1
What Are The Legislative Authorities for Food Assistance in Disasters? . . . 2
What Funding is Available? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
What Has Been Done with Regard to Hurricane Katrina? . . . . . . . . . . . . . . 2
Food Stamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Child Nutrition Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
The WIC Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Commodity Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
What About Hurricane Rita? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Potential Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Legislation and Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

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Federal Food Assistance in Disasters:
Hurricanes Katrina and Rita
Introduction
There are a number of federal food assistance efforts that can provide help in the
case of disasters like Hurricanes Katrina and Rita. The most important are the Food
Stamp program, child nutrition programs (e.g., school meal programs), the Special
Supplemental Nutrition Program for Women, Infants and Children (the WIC
program), and federally donated food commodities delivered through relief
organizations and emergency shelters/congregate feeding sites.1 In addition, The
Emergency Food Assistance Program (TEFAP), the Commodity Supplemental Food
Program (CSFP), and the Food Distribution Program on Indian Reservations
(FDPIR) can play a limited role, if they have commodities available and providers
are geographically positioned to help. Authorities under the Food Stamp Act, the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, and Agriculture
Department laws relating to the acquisition of commodities provide the Department
with the ability to change program rules and acquire and distribute food in response
to disasters.
What Executive and Congressional Entities Have
Jurisdiction?
All the above-noted efforts are under the aegis of the federal Agriculture
Department (USDA); states also have very important administrative roles (although,
in some cases, they must ask for federal action to change program rules).2
Congressional committee jurisdiction is divided. In the Senate, the Agriculture,
Nutrition, and Forestry Committee has jurisdiction over legislation relating to all the
above-mentioned programs. In the House, legislative jurisdiction is split. The House
Agriculture Committee has authority over laws relating to food stamps, donated
commodities, TEFAP, the CSFP, and the FDPIR, while the Committee on Education
and the Workforce has jurisdiction over child nutrition and WIC programs (and, to
a limited extent, food commodities donated through child nutrition programs). As
to appropriations, the House and Senate Agriculture Appropriations subcommittees
have responsibility for the aforementioned programs.
1 Other avenues of potential government food assistance outside the Agriculture
Department’s jurisdiction include the Emergency Food and Shelter program, operated
through local entities serving the homeless that receive Federal Emergency Management
Administration (FEMA) grants, and meal programs supported through the Older Americans
Act. However, these programs are not normally set up to provide substantial aid in
disasters.
2 The lead USDA agency is the Food and Nutrition Service (FNS).

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What Are The Legislative Authorities for Food Assistance in
Disasters?
The Food Stamp Act and the Robert T. Stafford Disaster Relief and Emergency
Assistance Act contain broad authority for the Secretary of Agriculture to waive
normal program rules in the case of disasters like Hurricanes Katrina and Rita. They
effectively allow the Secretary to greatly liberalize (or abrogate) eligibility and
administrative rules, as well as most stipulations as to how states are held
accountable for errors in program administration. However, they do not permit
waiver of some important rules like state cost-sharing requirements.
In addition, the Secretary has the authority to acquire and distribute food in the
case of disasters. These can be newly acquired commodities (using the money and
commodities provided through Section 32 of the Act of August 24, 1935, and the
Commodity Credit Corporation) and food diverted from federal, state, and local
stocks normally used for school meal programs, TEFAP, the CSFP, and the FDPIR.
What Funding is Available?
In the short term, new funds may not need to be appropriated. Most federally
supported food assistance — food stamps, child nutrition programs, and commodity
distribution — is treated as entitlement (i.e, mandatory) funding. This means that
federal funding is effectively guaranteed for any benefit paid under the program.
While these programs have large contingency funds to carry out this guarantee,
special new appropriations may be necessary in the case of very large disasters like
Hurricanes Katrina and Rita. Moreover, new appropriations probably will be needed
to replenish many of the commodity stocks diverted to disaster needs and may be
needed if available commodity stocks are depleted. Separately, (1) the WIC program
is discretionary, and any new federal support above its $125 million contingency fund
would require an appropriation, (2) distribution costs for USDA-provided
commodities may need new appropriations, and (3) any newly incurred commodity
distribution costs under the CSFP, TEFAP, and FDPIR may require added
appropriations.
What Has Been Done with Regard to Hurricane Katrina?
Food Stamps. Under the Food Stamp Act, states (which administer the Food
Stamp program) are required to have a plan for dealing with disasters that disrupt the
normal course of commerce. However, they must request (from the Agriculture
Department’s Food and Nutrition Service) approval of changes in their food stamp
rules to deal with a disaster.
The Act also requires that the federal government (1) establish temporary
emergency standards of eligibility for the duration of a disaster that disrupts
commercial channels of food distribution, (2) have a Food Stamp Disaster Task
Force, (3) provide for emergency benefits to pay for food lost in a disaster, (4) adjust
food stamp eligibility and benefit rules consistent with the conditions in the affected
areas, and (5) waive penalties for administrative errors (e.g., eligibility
determinations) made during the disaster. Under these procedures, normal food

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stamp eligibility requirements — including financial, work and other (e.g.,
application, reporting, and other non-financial) requirements — can effectively be
waived and most, if not all, applicant and recipient households in (or from) an
affected area given at least a full month’s maximum food stamp benefit.
The Agriculture Department has approved special eligibility and administrative
rules for dealing with households affected by Hurricane Katrina. In all cases, (1)
food stamp work requirements are waived (for 1-3 months), (2) applicants are not
asked non-financial questions that normally would affect their eligibility (e.g., their
citizen or postsecondary student status), and (3) verification of eligibility is
postponed through December 2005. In addition, (1) the regular food stamp rule
barring the use of benefits to purchase hot prepared foods has been waived for
Louisiana, Mississippi, southern Alabama, Florida, and Texas, (2) those receiving
congregate meals are not barred from also getting food stamps, (3) states have been
authorized to “pre-load” food stamp electronic benefit transfer (EBT) cards (used to
access benefits) for applicants from affected areas with $50 worth of benefits before
applications are completely processed, (4) special rules have been established to
facilitate processing EBT cards when electronic communications have been
interrupted, (5) affected households can apply separately from those they might
temporarily reside with (so that they can get full benefits), (6) states have been held
harmless for any errors they make in judging eligibility or benefits, (7) states that
contribute eligibility workers to process applicants will be paid 100% of their costs
(using FEMA funds), (8) FEMA assistance is not to be considered when judging
eligibility and benefits, and (9) normal rules pro-rating benefits from the time of
application have been waived (allowing full-month benefits to be issued no matter
when applied for).
As to household eligibility under Hurricane Katrina rules —
! For newly applying households in affected areas (Louisiana,
southern counties of Mississippi and Alabama, and certain areas of
southern Florida) who are not evacuees, “normal” disaster assistance
program rules apply once a state’s plan has been approved. Under
these rules, one-month’s maximum benefits for the appropriate
household size typically are issued using expedited (benefits within
7 days) procedures. Applicants must — without the need to
specifically document (in the short term) — claim residence in an
affected area, and claim damage to their homes, expenses related to
protecting their homes, lost income as the result of the disaster, or no
access to bank accounts or other financial resources.3 Regular food
stamp income and asset limits are used (claimed, without the need
to immediately verify). Monthly gross income must be under 130%
of the federal income poverty level, and liquid assets must be less
than $2,000 (or $3,000 for elderly or disabled persons). But, when
judging eligibility and calculating a benefit, maximum “deductions”
are used (this increases benefits based on a household’s expenses),
3 Affected persons also may apply as homeless households (under normal food stamp rules)
and receive special treatment.

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only accessible liquid resources are counted when determining
household assets, and counted income is reduced by any disaster-
related expenses not expected to be immediately reimbursed. Non-
evacuee households in the affected areas already participating in the
Food Stamp program automatically get a one-month supplement that
brings their benefit to the maximum for their household size. For
both new and currently participating households in the affected
areas, eligibility and benefits after the first month typically are
calculated using regular food stamp program rules (with postponed
verification), although they may very well claim losses of income
and assets, and increased expenses, that effectively bring them to the
maximum benefit level.
! For evacuees in states other than Texas (including those who did not
leave their own state), a different rule applies. States provide
expedited services, treat the applicant household separately from
those with whom they are staying, and provide one month’s
maximum benefits for the appropriate household size. Eligibility is
based simply on evacuee status, and, if no documentation is
available, self-declaration by the applicant is allowed. After the first
month, eligibility and benefits are based on regular food stamp rules
(although verification of eligibility is postponed, evacuee households
continue to be treated as separate from those they live with, and
application of work rules is put off).
! For evacuees in Texas, the Agriculture Department has approved a
special waiver for Hurricane Katrina evacuees effectively making
any evacuee household automatically eligible for up to three months’
maximum benefits (through November 2005). After this period,
they are treated as noted above for evacuees in other states.
Food stamp benefits are issued through “electronic benefit transfer” (EBT) cards
that work like debit cards. EBT cards issued in any part of the United States are
usable in other states and can be replaced or replenished with new benefits.
However, households qualifying for food stamps must have a place (e.g., a grocery
store) that can transact their EBT card. In a disaster situation this can be difficult,
and households qualifying for benefits may have no place to use them. In this case,
the Agriculture Department is providing food commodities (discussed below).
Finally, it should be noted that the automatic 1-month maximum benefit rule (3
months for evacuees in Texas) is very likely be lengthened if the situation warrants,
according to the USDA.
Child Nutrition Programs. Child nutrition programs — the School Lunch
and Breakfast programs, the Child and Adult Care Food Program (CACFP), and the
Summer Food Service program — do not have specific legislative provisions dealing
with emergencies/disasters. But the Secretary of Agriculture has used the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to waive rules relating to
eligibility for free meals served under these programs and other program
requirements.

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The Agriculture Department has (1) allowed schools in affected areas to serve
all meals free (with accompanying federal subsidies), (2) exempted schools and other
meal providers in affected areas from normal meal pattern requirements, (3)
permitted evacuee children to be considered homeless and eligible for free federally
subsidized meals/snacks, (4) allowed summer program operations (providing free
meals) to extend beyond September, and (5) temporarily waived various
administrative and financial accountability/reporting rules. In addition, states may
effectively designate any facility as an emergency shelter (all children and disabled
adults in these shelters can receive federally subsidized free meals/snacks), and rules
governing federal subsidies for meals/snacks served in day care centers, family day
care homes, and after-school programs have been relaxed to allow support for free
meals/snacks served to affected children (effectively treating them as homeless). In
all of the above cases, those getting emergency food stamp benefits are automatically
eligible for free meals/snacks served by a participating school, summer program, day
care center/home, or after-school program, and normal eligibility documentation
requirements have been waived.
The WIC Program. As with child nutrition programs, the WIC program has
no specific legislative authority relating to emergency/disaster assistance. However,
the Secretary of Agriculture has used the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to waive various rules.
The Department has waived most rules governing eligibility documentation,
ruled that WIC vouchers can be used by evacuees at any vendor (without regard to
the state of issuance), and made clear that evacuee applicants can apply immediately
for benefits (no durational residency requirement).4 However, it is important to note
that the WIC program is a grant program limited by its appropriation, and a given
state (e.g., Louisiana, Texas) only has the resources provided by its annual grant.
Commodity Distribution. The Robert T. Stafford Disaster Relief and
Emergency Assistance Act and provisions of Agriculture Department law (e.g.,
Section 32, noted above) give the Secretary of Agriculture the ability to acquire and
divert commodity food stocks in the case of emergencies/disasters.
Using these authorities, the Agriculture Department is providing food to
congregate feeding sites (e.g., schools, emergency shelters) and additional food items
in the form of infant formula, baby food, and household-size food packages.
According to the Department, at least 400 truckloads of commodities (15 million
pounds) have been delivered as of September 20, 2005.
What About Hurricane Rita?
No firm information is yet available. However, like Hurricane Katrina, it is
highly probable that the USDA will waive various food assistance program rules and
4 It should be noted that Mississippi does not use vouchers to distribute WIC benefits. It
supplies WIC food packages through state-sponsored distribution centers. As a result, WIC
benefits in Mississippi have to be supplied by providing infant formula and other food items
from state warehouses and federal and out-of-state stocks.

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provide food items for emergency feeding. As with Hurricane Katrina, the
Department reports that it has pre-positioned food commodities for immediate
distribution as of September 22, 2005, and has announced that it is working with
Texas, Louisiana, and other states to approve new or extended disaster waiver plans.
Contacts
Detailed information as to the Agriculture Department’s response relating to
food assistance and Hurricanes Katrina and Rita can be found at the following
website: www.fns.usda.gov/fns/.
Potential Issues
While the Agriculture Department has moved to make substantial changes in
food assistance program rules in response to Hurricane Katrina (and will probably
follow on with additional initiatives for Hurricane Rita), a number of important
issues are likely to arise for Congress to consider.
! Affected states will face major new food stamp administrative costs.
Current law (no waiver allowed) requires that states pay roughly
50% of the cost of administering food stamps. A larger federal share
may be asked for.5
! The waivers of food assistance program rules currently in place are
time-limited — typically for one to three months. However, the
effects of Hurricanes Katrina and Rita may last longer, and time
extensions may be called for.
! Food stamp disaster rules now differ by state and type of affected
household. Equity issues may be raised.
! The Agriculture Department has interpreted its authority to waive
child nutrition program rules very expansively. Specific new
disaster waiver authority may be needed.
! Commodity stocks used to provide food for hurricane victims will
have to be replenished in order to continue regular operations under
school meal programs, the CSFP, the FDPIR, and TEFAP, and the
Commodity Credit Corporation may need to be reimbursed for its
contributions.
! While the CSFP and TEFAP providers are receiving additional food
commodities, extra assistance for distribution costs may be
necessary.
5 An important related issue is how to allocate increased costs among the various programs
affected in which the federal government shares administrative costs — e.g., food stamps,
Medicaid, and the Temporary Assistance for Needy Families (TANF) program.

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! Higher food and other costs incurred by affected households may
prompt calls for added benefits and looser eligibility standards — for
example, a higher maximum food stamp benefit for affected
households and larger federal school lunch subsidies.
! Additional WIC program funding for affected states may be needed,
given that it is a discretionary grant program.
! There may be longer-term problems brought on by Hurricanes
Katrina and Rita — for example, how to deal with duplicate
benefits, issues related to fraudulent receipt of benefits, and the
effects of errors made in eligibility/benefit determinations.6
! Even with existing contingency funds (and the ability to draw on
food commodity stocks), new appropriations will most probably be
needed to cover replenishment of diverted commodities, pay for
distribution costs, and fund added food stamp and child nutrition
costs.
! Unlike earlier disasters/emergencies, defining “affected areas” and
“affected households” in any legislative response will be difficult,
especially with two major hurricanes involved and the dispersion of
those affected.
! Noncitizens not normally eligible for food stamp benefits are eligible
under disaster assistance rules; applicants are not asked about their
citizen status. Extending this policy may be in question.
Legislation and Appropriations
Several bills dealing with food assistance have been introduced in the wake of
Hurricane Katrina.7 No Administration proposal has yet been advanced, nor
legislation directly related to Hurricane Rita. Specific disaster-related food assistance
funding has not yet been proposed as part of the appropriations process.
S. 1695 (the Hurricane Katrina Food Assistance Relief Act of 2005) contains
the broadest set of proposals for food assistance programs.8 In general, this bill
would put into place, by law, the major actions already taken by the USDA in
response to Hurricane Katrina, extends their application for up to 1 year, increases
food stamp benefits for those affected and loosens food stamp financial and non-
6 In this regard, it should be noted that some program requirements have been “waived” by
simply not asking normally pertinent questions — e.g., those relating to citizen status — or
postponing verification.
7 The only major comprehensive proposal relating to food assistance from outside Congress
has been put forward by the Center on Budget and Policy Priorities (September 9, 2005).
See the center’s website at: www.cbpp.org.
8 S. 1695 supercedes an earlier version — S. 1643.

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financial (including citizenship-related) eligibility tests for affected households (for
up to 1 year), provides mandatory funding increases for TEFAP, the CSFP, and the
WIC program, and gives legislative authority for child nutrition program waivers
already granted.

More specifically —
! The bill would establish a “disaster recovery period” extending for
180 days after enactment and requires another 180-day extension
unless the President judges the extension unnecessary.
! Food stamps: For affected households during the disaster recovery
period, (1) work requirements are waived, (2) expedited service
must be provided, (3) maximum benefits are to be increased by 10%,
(4) the federal government will pay 100% of state administrative
costs (as opposed to the normal 50%), (5) monthly gross income
eligibility limits are raised to 150% of the federal income poverty
guidelines (as opposed to the normal 130%), (6) any asset to which
a household has lost access is not to be counted for eligibility
purposes, (7) any funds received by an affected household for
rebuilding or relocation are to be excluded as assets, (8) affected
households living with others may be treated as separate from their
co-residents, and (9) food stamp rules barring eligibility to some
noncitizens are effectively waived. The bill also includes provisions
limiting authority to take action against households getting improper
benefits, excuses states for any errors made in administering the
program for affected households, and provides $5 million for
contracts with nonprofit organizations to support food assistance and
related needs of affected households.
! Child nutrition programs: For affected households during the
disaster recovery period, the bill makes clear that any condition
governing federal assistance may be waived.
! The WIC program: The bill would mandate $200 million in
additional funding, to be apportioned without regard to normal
formula allocation rules.
! TEFAP: The bill would mandate $200 million in additional funding
for commodity and food distribution costs related to affected
households and requires that at least $200 million of funds available
under Section 32 be used for helping affected persons.9
! The CSFP: The bill would require $20 million in additional
funding.
9 It is unclear to what extent the requirement that at least $200 million in Section 32 funding
be provided would actually increase federal support because the Secretary of Agriculture
has (and has used) existing authority to draw on Section 32 to provide food aid in disasters.

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! More generous plans: The bill makes clear that any administratively
approved disaster assistance plan that provides more generous
treatment for affected households would supercede its provisions.
H.R. 3809 (the Emergency Food and Farm Disaster Assistance Act of 2005)
contains provisions very similar to those in S. 1695, noted above. Title I of this
proposal differs in the following major ways —
! Food stamps: the federal share of administrative costs for affected
households would be 90%; and food stamp benefit increases could
be slightly smaller for many affected households.
! Other programs: The bill includes no child nutrition, WIC, or
CSFP proposals.
S. 1637 (Subtitle E of Title IV of the Katrina Emergency Relief Act of 2005) is
effectively the same as H.R. 3809, noted above, except that it includes additional
funding for the WIC program (as proposed in S. 1695).

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