{ "id": "IN11250", "type": "CRS Insight", "typeId": "INSIGHTS", "number": "IN11250", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 621435, "date": "2020-03-31", "retrieved": "2020-04-01T22:09:48.353382", "title": "USDA Domestic Food Assistance Programs\u2019 Response to COVID-19: P.L. 116-127, P.L. 116-136, and Related Efforts", "summary": "U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs are often part of emergency response efforts, providing program flexibilities, foods for distribution, and benefits for redemption. Emergencies generate different FNS responses, which can vary with states\u2019 requests. During the COVID-19 pandemic, access to food\u2014particularly in light of school closures\u2014has been a concern for many. Some also view the Supplemental Nutrition Assistance Program (SNAP) as a force for economic stimulus. This Insight discusses related provisions of the second and third COVID-19 legislative packages, which supplement FNS\u2019s prior COVID-19 response with new funds and authorities. \nUSDA-FNS Responses To-Date\nFNS maintains a COVID-19 response website. The website includes a state-by-state list of waivers, some of which USDA has issued using new authorities under P.L. 116-127 (discussed below).\nSome options already existed under current law. For example, during unanticipated school closures, school districts that normally operate the National School Lunch Program and School Breakfast Program may transition to serving meals through the summer meals programs.\nIn addition, USDA may authorize emergency feeding programs during a presidentially declared disaster or emergency. USDA has approved requests from certain states and Indian tribal organizations to operate a Disaster Household Distribution program.\nFamilies First Coronavirus Response Act (P.L. 116-127)\nSupplemental Appropriations for WIC and TEFAP (Division A) \nP.L. 116-127 provides a $500 million supplemental appropriation for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). It also provides a $400 million supplemental appropriation for The Emergency Food Assistance Program (TEFAP), of which $100 million can be used for food distribution costs. \nChild Nutrition Programs (\u00a7\u00a72102, 2202)\nUnder \u00a712(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. \u00a71760(l)), states and service providers may request, and USDA may grant, waivers of child nutrition program requirements. P.L. 116-127 temporarily expands these authorities.\n\u00a72102 allows USDA to grant waivers that increase federal costs for the purpose of providing meals and snacks during a COVID-19-related school closure. In addition, \u00a72202 allows USDA to issue national waivers that apply to all states opting in. \u00a72202 allows USDA to waive nutritional requirements in child nutrition programs if there is a food \u201csupply chain disruption\u201d due to COVID-19. \u00a72202 also specifies that USDA may grant waivers to allow non-congregate feeding in the Child and Adult Care Food Program. The waiver authority under \u00a72202 expires on September 30, 2020.\nSNAP\nSNAP Benefits during School Closures (\u00a71101)\nP.L. 116-127 includes what has been called \u201cP-SNAP\u201d (Pandemic Supplemental Nutrition Assistance Program), an option allowing USDA approval of state plans to provide SNAP benefits, when a school is closed five or more days, to households with children who would normally receive free or reduced-price school meals (in an amount equal to at least five days\u2019 of free meal reimbursements). \nThis option was last available in FY2010 (during the H1N1 flu pandemic), enacted in an FY2010 appropriations law (P.L. 111-80, \u00a7746). However, no SNAP state agencies ever administered P-SNAP.\nWork-Related Requirements (\u00a72301)\nSNAP has work-related eligibility requirements, the strictest being a time limit for nondisabled adults (ages 18 to 49) without dependents (\u201cABAWDs\u201d) who work less than 80 hours per month. \u00a72301 partially suspends this time limit nationwide during the period of the Secretary of Health and Human Services\u2019 public health emergency declaration, allowing participants who would have lost eligibility due to the time limit to continue to receive benefits. \nSeparately, on March 13, 2020, a federal court blocked enforcement of the part of a USDA final rule that would make it more difficult for states to use labor statistics to waive the time limit, changes that were to go into effect April 1. The court \u201cdetermined that aspects of the Final Rule are likely unlawful ... [and] USDA will be enjoined from implementing those aspects of the Final Rule nationwide pending final judicial review.\u201d Part of the court\u2019s rationale was the global pandemic. \nBenefit Increases, Administrative Requirements (\u00a72302)\n\u00a72302 provides for temporary SNAP benefit increases during the public health emergency. It requires USDA to grant SNAP state agencies\u2019 requests that are supported \u201cwith sufficient data (as determined by [USDA]).\u201d The increases are \u201cto address temporary food needs not greater than the applicable maximum monthly allotment for the household size.\u201d Previously, a nationwide increase to SNAP benefits was included in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). \nThe bill also allows USDA to adjust (through guidance and based on states\u2019 requests) administrative requirements like issuance methods and reporting requirements. \nWIC (\u00a7\u00a72203, 2204)\nIn addition to the supplemental funding provided, P.L. 116-127 gives USDA further authority to grant waivers allowing WIC participants to get certified (or recertified) without being physically present at the WIC clinic (normally required). Waiver requests are to be made by state agencies to USDA. \nAlso, the bill authorizes USDA to grant waivers from program administrative requirements that a state determines \u201ccannot be met due to COVID-19\u201d and is \u201cnecessary to provide assistance\u201d under WIC.\nGrants for Nutrition Assistance Funding for Certain Territories (\u00a71102)\nNorthern Mariana Islands, Puerto Rico, and American Samoa do not operate a SNAP program; instead, they operate programs funded by Nutrition Assistance Program block grants in lieu of SNAP. \u00a71102 provides $100 million for grants to these territories for nutrition assistance \u201cin response to a COVID-19 public health emergency,\u201d as presumably they would not have the authority to operate P-SNAP or other options in the bill that increase SNAP benefits. \nCARES Act (P.L. 116-136) \nThe third supplemental package provided additional funding for FNS programs \u201cto prevent, prepare, and respond to coronavirus\u201d as follows:\n$8.8 billion for child nutrition programs.\n$15.8 billion for the SNAP account. This includes $15.5 billion for SNAP participation should it exceed earlier budget estimates; $100 million for the Food Distribution Program on Indian Reservations (FDPIR) ($50 million for facilities/equipment, $50 million for food); and $200 million for nutrition assistance grants to Northern Mariana Islands, Puerto Rico, and American Samoa.\n$450 million for TEFAP, up to $150 million of which may be used for food distribution costs.", "type": "CRS Insight", "typeId": "INSIGHTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/IN11250", "sha1": "a6cb4fdfd81d422d2896ca3b07ed984feb4ad54a", "filename": "files/20200331_IN11250_a6cb4fdfd81d422d2896ca3b07ed984feb4ad54a.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/IN11250", "sha1": "b8202d83882846123c06214cad00dba26d662a4b", "filename": "files/20200331_IN11250_b8202d83882846123c06214cad00dba26d662a4b.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4811, "name": "School Nutrition & Health" }, { "source": "IBCList", "id": 4856, "name": "Nutrition Programs & Policies" }, { "source": "IBCList", "id": 4917, "name": "Food & Nutrition Assistance" } ] }, { "source": "EveryCRSReport.com", "id": 620466, "date": "2020-03-20", "retrieved": "2020-03-22T17:39:06.989952", "title": "USDA Domestic Food Assistance Programs\u2019 Response to COVID-19: P.L. 116-127 and Related Efforts", "summary": "U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs are often part of emergency response efforts, providing program flexibilities, foods for distribution, and benefits for redemption. Emergencies generate different FNS responses and vary with states\u2019 requests. During the COVID-19 pandemic, access to food\u2014particularly in light of school closures\u2014has been a concern for many. Some also view the Supplemental Nutrition Assistance Program (SNAP) as a force for economic stimulus. This Insight discusses P.L. 116-127\u2019s food assistance provisions, which supplement FNS\u2019s existing COVID-19 response with new funds and authorities. \nUSDA-FNS Responses To-Date\nFNS maintains a COVID-19 response website. \nDuring unanticipated school closures, school districts or \u201cschool food authorities\u201d that normally operate the National School Lunch Program and School Breakfast Program may transition to serving meals through the Summer Food Service Program (SFSP) or Seamless Summer Option (SSO) if they are approved as summer meal sponsors. Nonprofit and other public agency sponsors may also operate meal sites, and states may approve new sponsors, during unanticipated school closures. \nNormally, SFSP/SSO meals must be served at non-school sites and consumed onsite (\u201ccongregate feeding\u201d). As of March 19, 2020, USDA-FNS had granted waivers to all 50 states, DC, and Puerto Rico, allowing SFSP/SSO operators to serve meals in non-congregate settings (e.g., meal pick-up or delivery) and at school sites during COVID-19-related school closures. \nFor SNAP\u2019s Quality Control system, FNS is allowing telephone interviews instead of face-to-face interviews in 44 states, DC, and the Virgin Islands, as of March 19, 2020. \nSupplemental Appropriations for WIC and TEFAP (Division A) \nP.L. 116-127 provides a $500 million supplemental appropriation for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). It also provides a $400 million supplemental appropriation for The Emergency Food Assistance Program (TEFAP), of which $100 million can be used for food distribution costs. \nChild Nutrition Programs (\u00a7\u00a72102, 2202)\nUnder \u00a712(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. \u00a71760(l)), states and service providers may request, and USDA may grant, waivers of child nutrition program requirements. Division B of P.L. 116-127 expands these authorities.\n\u00a72102 allows USDA to grant waivers that increase federal costs. Such waivers must be requested by a state or service provider and be aimed at providing meals and snacks during a COVID-19-related school closure.\n\u00a72202 allows USDA to issue a single waiver to all states. States may opt-in without USDA\u2019s approval. \u00a72202 also specifies that USDA may grant waivers to allow non-congregate feeding in the Child and Adult Care Food Program. Both waivers must be for the purpose of providing meals and snacks \u201cwith appropriate safety measures with respect to COVID-19.\u201d\n\u00a72202 also allows USDA to grant waivers related to the nutritional content of meals served in child nutrition programs if USDA determines the waiver is necessary to provide meals and snacks and there is a food \u201csupply chain disruption\u201d due to COVID-19. \nThe waiver authority under \u00a72202 expires on September 30, 2020.\nSNAP\nSNAP Benefits during School Closures (\u00a71101)\nP.L. 116-127 includes what has been called \u201cP-SNAP\u201d (Pandemic Supplemental Nutrition Assistance Program), an option allowing USDA approval of state plans to provide SNAP benefits, when a school is closed five or more days, to households with children who would normally receive free or reduced-price school meals (in an amount equal to at least five days\u2019 of free meal reimbursements). \nThis option was last available in FY2010 (during the H1N1 flu epidemic), enacted in an FY2010 appropriations law (P.L. 111-80, \u00a7746). In 2009, FNS issued detailed guidance. However, no SNAP state agencies ever administered P-SNAP.\nWork-Related Requirements (\u00a72301)\nSNAP has work-related eligibility requirements, the strictest being a time limit for nondisabled adults (ages 18 to 49) without dependents (\u201cABAWDs\u201d) who work less than 80 hours per month. \u00a72301 partially suspends this time limit nationwide during the period of the Secretary of Health and Human Services\u2019 public health emergency declaration, allowing participants who would have lost eligibility due to the time limit to continue to receive benefits. \nSeparately, on March 13, 2020, a federal court blocked enforcement of the part of a USDA final rule that would make it more difficult for states to use labor statistics to waive the time limit, changes that were to go into effect April 1. The court \u201cdetermined that aspects of the Final Rule are likely unlawful ... [and] USDA will be enjoined from implementing those aspects of the Final Rule nationwide pending final judicial review.\u201d Part of the court\u2019s rationale was the global pandemic. \nBenefit Increases, Administrative Requirements (\u00a72302)\n\u00a72302 provides for temporary SNAP benefit increases during the public health emergency. It requires USDA to grant SNAP state agencies\u2019 requests that are supported \u201cwith sufficient data (as determined by [USDA]).\u201d The increases are \u201cto address temporary food needs not greater than the applicable maximum monthly allotment for the household size.\u201d Previously, a nationwide increase to SNAP benefits was included in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). \nThe bill also allows USDA to adjust (through guidance and based on states\u2019 requests) administrative requirements like issuance methods and reporting requirements.\nWIC (\u00a7\u00a72203, 2204)\nIn addition to the supplemental funding provided, P.L. 116-127 gives USDA further authority to grant waivers allowing WIC participants to get certified (or recertified) without being physically present at the WIC clinic (normally required). Waiver requests are to be made by state agencies to USDA. \nAlso, the bill authorizes USDA to grant waivers from program administrative requirements that a state determines \u201ccannot be met due to COVID-19\u201d and is \u201cnecessary to provide assistance\u201d under WIC.\nGrants for Nutrition Assistance Funding for Certain Territories (\u00a71102)\nNorthern Mariana Islands, Puerto Rico, and American Samoa do not operate a SNAP program; instead, they operate programs funded by Nutrition Assistance Program block grants in lieu of SNAP. \u00a71102 provides $100 million for grants to these territories for nutrition assistance \u201cin response to a COVID-19 public health emergency,\u201d as presumably they would not have the authority to operate P-SNAP or other options in the bill that increase SNAP benefits.", "type": "CRS Insight", "typeId": "INSIGHTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/IN11250", "sha1": "84b3176f31cfb9bf637465694d821c682c7b67b9", "filename": "files/20200320_IN11250_84b3176f31cfb9bf637465694d821c682c7b67b9.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/IN11250", "sha1": "543b27b45af6463b4867e7715f4a5ebd37297bfd", "filename": "files/20200320_IN11250_543b27b45af6463b4867e7715f4a5ebd37297bfd.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4811, "name": "School Nutrition & Health" }, { "source": "IBCList", "id": 4856, "name": "Nutrition Programs & Policies" }, { "source": "IBCList", "id": 4917, "name": "Food & Nutrition Assistance" } ] }, { "source": "EveryCRSReport.com", "id": 620251, "date": "2020-03-18", "retrieved": "2020-03-18T22:04:54.294675", "title": "USDA Domestic Food Assistance Programs\u2019 Response to COVID-19: House-Passed H.R. 6201 and Related Efforts", "summary": "U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) programs are often part of emergency response efforts, providing program flexibilities, foods for distribution, and benefits for redemption. Emergencies generate different FNS responses and vary with states\u2019 requests. During the COVID-19 pandemic, access to food\u2014particularly in light of school closures\u2014has been a concern for many. Some also view the Supplemental Nutrition Assistance Program (SNAP) as a force for economic stimulus. This Insight discusses House-passed H.R. 6201\u2019s food assistance provisions, which supplement FNS\u2019s existing COVID-19 response with new funds and authorities. \nUSDA-FNS Responses To-Date\nFNS maintains a COVID-19 response website. \nDuring unanticipated school closures, school districts or \u201cschool food authorities\u201d that normally operate the National School Lunch Program and School Breakfast Program may transition to serving meals through the Summer Food Service Program (SFSP) or Seamless Summer Option (SSO) if they are approved as summer meal sponsors. Nonprofit and other public agency sponsors may also operate meal sites, and states may approve new sponsors, during unanticipated school closures. \nNormally, SFSP/SSO meals must be served at non-school sites and consumed onsite (\u201ccongregate feeding\u201d). As of March 15, 2020, USDA-FNS had granted waivers to all 50 states, DC, and Puerto Rico, allowing SFSP/SSO operators to serve meals in non-congregate settings (e.g., meal pick-up or delivery) and at school sites during COVID-19-related school closures. \nFor SNAP\u2019s Quality Control system, FNS is allowing telephone interviews instead of face-to-face interviews in 16 states as of March 15, 2020. \nSupplemental Appropriations for WIC and TEFAP (Division A) \nH.R. 6201 provides a $500 million supplemental appropriation for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). It also provides a $400 million supplemental appropriation for The Emergency Food Assistance Program (TEFAP), of which $100 million can be used for food distribution costs. \nChild Nutrition Programs (\u00a7\u00a72102, 2202)\nUnder \u00a712(l) of the Richard B. Russell National School Lunch Act (42 U.S.C. \u00a71760(l)), states and service providers may request, and USDA may grant, waivers of child nutrition program requirements. Division B of H.R. 6201 expands these authorities.\n\u00a72102 newly allows USDA to grant waivers that increase federal costs. Such waivers must be requested by a state or service provider and be aimed at providing meals and snacks during a COVID-19-related school closure.\n\u00a72202 newly allows USDA to issue a single waiver to all states. States may opt-in without USDA\u2019s approval. \u00a72202 also specifies that USDA may grant waivers to allow non-congregate feeding in the Child and Adult Care Food Program. Both waivers must be for the purpose of providing meals and snacks \u201cwith appropriate safety measures with respect to COVID-19.\u201d\n\u00a72202 also newly allows USDA to grant waivers related to the nutritional content of meals served in child nutrition programs if USDA determines the waiver is necessary to provide meals and snacks and there is a food \u201csupply chain disruption\u201d due to COVID-19. \nThe waiver authority under \u00a72202 expires on September 30, 2020.\nSNAP\nSNAP Benefits during School Closures (\u00a71101)\nH.R. 6201 includes what has been called \u201cP-SNAP\u201d (Pandemic Supplemental Nutrition Assistance Program), an option allowing USDA approval of state plans to provide SNAP benefits, when a school is closed five or more days, to households with children who would normally receive free or reduced-price school meals (in an amount equal to at least five days\u2019 of free meal reimbursements). \nThis option was last available in FY2010 (during the H1N1 flu epidemic), enacted in an FY2010 appropriations law (P.L. 111-80, \u00a7746). In 2009, FNS issued detailed guidance. However, no SNAP state agencies ever administered P-SNAP.\nWork-Related Requirements (\u00a72301)\nSNAP has work-related eligibility requirements, the strictest being a time limit for nondisabled adults (ages 18 to 49) without dependents (\u201cABAWDs\u201d) who work less than 80 hours per month. \u00a72301 suspends this time limit nationwide during the period of the Secretary of Health and Human Services\u2019 public health emergency declaration, allowing participants who would have lost eligibility due to the time limit to continue to receive benefits. \nSeparately, on March 13, 2020, a federal court blocked enforcement of the part of a USDA final rule that would make it more difficult for states to use labor statistics to waive the time limit, changes that were to go into effect April 1. The court \u201cdetermined that aspects of the Final Rule are likely unlawful ... [and] USDA will be enjoined from implementing those aspects of the Final Rule nationwide pending final judicial review.\u201d Part of the court\u2019s rationale was the global pandemic. \nBenefit Increases, Administrative Requirements (\u00a72302)\n\u00a72302 provides for temporary SNAP benefit increases during the public health emergency. It requires USDA to grant SNAP state agencies\u2019 requests that are supported \u201cwith sufficient data (as determined by [USDA]).\u201d The increases are \u201cto address temporary food needs not greater than the applicable maximum monthly allotment for the household size.\u201d Previously, a nationwide increase to SNAP benefits was included in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). \nThe bill also allows USDA to adjust (through guidance and based on states\u2019 requests) administrative requirements like issuance methods and reporting requirements.\nWIC (\u00a7\u00a72203, 2204)\nIn addition to the aforementioned supplemental funding provided, H.R. 6201 gives USDA further authority to grant waivers allowing WIC participants to get certified (or recertified) without being physically present at the WIC clinic (normally required). Waiver requests are to be made by state agencies to USDA. \nAlso, the bill authorizes USDA to grant waivers from program administrative requirements that a state determines \u201ccannot be met due to COVID-19\u201d and is \u201cnecessary to provide assistance\u201d under WIC.\nGrants for Nutrition Assistance Funding for Certain Territories (\u00a71102)\nThe Northern Mariana Islands, Puerto Rico, and American Samoa do not operate a SNAP program; instead, they operate programs funded by Nutrition Assistance Program block grants in lieu of SNAP. \u00a71102 provides $100 million for grants to these territories for nutrition assistance \u201cin response to a COVID-19 public health emergency,\u201d as presumably they would not have the authority to operate P-SNAP or other options in the bill that increase SNAP benefits.", "type": "CRS Insight", "typeId": "INSIGHTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/IN11250", "sha1": "0511f523451260a137f1645060a7efeb818b5a33", "filename": "files/20200318_IN11250_0511f523451260a137f1645060a7efeb818b5a33.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/IN11250", "sha1": "6a875728b65d150add921da632e8c67fc379feb8", "filename": "files/20200318_IN11250_6a875728b65d150add921da632e8c67fc379feb8.pdf", "images": {} } ], "topics": [] } ], "topics": [ "Appropriations", "CRS Insights" ] }