The Families First Coronavirus Response Act (H.R. 6201) addresses agriculture, rural development and other issues under the U.S. Department of Agriculture and its Food and Nutrition Service (USDA-FNS). Among these is funding to ensure that the domestic nutrition assistance programs have adequate resources to help those impacted by the COVID-19 public health emergency. This funding is provided for:
- The Special Supplemental Nutrition Program for Women Infants and Children (WIC) – $500 million to provide access to nutritious foods to low-income pregnant women or mothers with young children who lose their jobs or are laid off due to the COVID-19 emergency.
- Remote Benefit Issuance Waivers: FFRCA gives USDA authority to grant waivers to states of the requirement that participants physically come into the clinic to pick up WIC EBT cards and/or paper coupons. This ensures participants have what they need to receive continued nutrition assistance.
- Food Package Substitution Waivers: FFRCA provides USDA the authority to allow states and Indian Tribal Organizations to permit appropriate substitutes for the types and amounts of certain WIC-prescribed foods if their availability is limited. (Guidance for States on Food Package Substitution Waivers)
Additionally, under the Families First Coronavirus Response Act is the COVID-19 Child Nutrition Response Act. From this legislation are these important items to note:
- Section 2203. Physical Presence Waiver Under WIC During Certain Public Health Emergencies: Provides the Secretary of Agriculture with the authority to grant waivers to allow 4 participants to be certified for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) without being physically present at the WIC clinic.
- Sec. 2204. Administrative Requirements Waiver Under WIC: This section provides the Secretary of Agriculture with the authority to waive administrative requirements that are barriers to serving WIC participants during the coronavirus outbreak.
In response to this global pandemic, USDA-FNS has taken these actions to respond to COVID-19:
- Additional Funding for WIC: The Families First Coronavirus Response Act provided the WIC Program with $500 million to remain available through Sept. 30, 2021 for increases in program participation. FNS will work with state to ensure funding is available to state agencies that require additional funds based on enrollment.
- Physical Presence Waivers: FFRCA gives USDA authority to grant waivers to states of the requirement that participants and applicants physically come into the clinic to enroll or re-enroll, including the ability to defer certain requirements used to determine nutritional risk.
- Remote Benefit Issuance Waivers: FFRCA gives USDA authority to grant waivers to states of the requirement that participants physically come into the clinic to pick up WIC EBT cards and/or paper coupons. This ensures participants have what they need to receive continued nutrition assistance.
- Food Package Substitution Waivers: FFRCA provides USDA the authority to allow states and Indian Tribal Organizations to permit appropriate substitutes for the types and amounts of certain WIC-prescribed foods if their availability is limited. (Guidance for States on Food Package Substitution Waivers)
- Separation of Duties Waivers: These waive the requirement that prohibits a single employee from determining eligibility for all certification criteria and issuing food instruments, cash-value vouchers or supplemental food for the same participant.
- Medical Documentation Waivers: These waive the requirement for current and potential program participants to provide medical documentation to receive benefits, due to the difficulty in communicating with health care providers during the public health emergency. Existing benefits my be extended by no more than 2 months for participants with documented qualifying conditions as defined at 7 CFR 246.10(e)(3)(i).
- Minimum Stock Waivers: These allow states to waive minimum stocking requirements for the purposes of vendor assessment and monitoring during the public health emergency, in response to many retail businesses running low on various goods.
- Local Agency Monitoring Waivers: These waive the requirement for state agencies to conduct on-site monitoring of local agencies during the pandemic.
- Compliance Investigation Waivers: These waive the requirement that state agencies must conduct compliance investigations of a minimum of five percent of the number of vendors authorized by the State agency as of October 1 of each fiscal year, as outlined in 7 CFR 246.12(j)(4)(i).
- Routine Monitoring Waivers: These waive the requirement that state agencies must conduct routine monitoring visits on a minimum of five percent of the number of vendors authorized by the State agency as of October 1 of each fiscal year, as outlined in 7 CFR 246.12(j)(2).
- Four Month Issuance Waivers: These waive a federal level restriction and allow states to issue up to four months’ worth of WIC food benefits via EBT at one time.
- Extended Certification Waivers: FNS has approved waivers to extend certification periods for up to 90 days for children receiving category IV food packages. The waivers do not apply to pregnant women, infants, or children receiving category III food packages, as participants in these categories are at critical transition periods in their nutritional needs and require further assessment and nutrition education.
- Non-Retail 2 Month Issuance Waivers: These waive a federal level restriction on food package issuance and allow states who operate home delivery and/or direct distribution systems for exempt infant formula to issue two months’ worth of formula at one time (one month will be issued early).
- Vendor Pre-Authorization Waivers: These waive the requirement that state agencies must conduct on-site visits to potential WIC vendors before authorization. The requirement is waived through May 31, 2020.
- Voter Requirement Waivers (DENIED): Numerous states have requested waivers for offering voter registration opportunities at their public assistance offices, and FNS has responded that the Families First Coronavirus Response Act (P.L. 116-127) does not grant them the authority to issue such as waiver. FNS does acknowledge that many operations are impeded by clinic closures and social distancing measures and has encouraged states to direct new WIC applicants to the U.S. Election Assistance Commission website.
- Rollover Benefit Waivers (DENIED): Multiple states have requested a waiver to allow WIC benefits that go unused (due to retail shortages of WIC approved foods) to roll over into subsequent months. FNS has denied this request, saying that the Families First Coronavirus Response Act (P.L. 116-127) does not grant them the authority to “fundamentally expand or change Program benefits.”
- Spend Forward Authority Waivers (DENIED): Some states have requested waivers for the federal 3% cap on the amount allocated to state agencies that may be used for allowable nutrition services and administration incurred in the subsequent fiscal year. FNS has denied these requests, explaining that the Families First Coronavirus Response Act (P.L. 116-127) does not grant them the authority to issue such as waiver.
Additionally, you can view WIC state-by-state COVID-19 waivers on the USDA-FNS website. Here is an overview as of April 27:
- Number of waivers per state:
- 1 state has been issued 10 types of waivers
- 2 states have been issued 8 types of waivers
- 9 states have been issued 7 types of waivers
- 14 states and 1 territory have been issued 6 types of waivers
- 15 states and 2 territories have been issued 5 types of waivers
- 4 states have been issued 4 types of waivers
- 5 states and 2 territories have been issued 3 types of waivers
- All 50 states and 5 territories have been issued a Physical Presence Waiver that includes lab work
- 48 States and all 5 Territories have been issued Remote Benefit Issuance Waivers
- Ohio and Wisconsin have not applied for Remote Benefit Issuance Waivers
- 45 states and 2 territories have been issued at least one Food Package Substitution Waiver (this doubled between 4/1 and 4/9)
- West Virginia requested a waiver for select minimum requirements and specifications and/or maximum monthly allowances for specific foods. FNS denied this request, explaining that they do not have the authority to waive the cash-value voucher amount under the Families First Coronavirus Response Act (P.L. 116-127).
- 37 states and 3 territories have been issued Separation of Duties Waivers
- 25 states and 2 territories have been issued Medical Documentation Waivers
- 12 states and 1 territory have been issued Minimum Stock Waivers.
- 17 states have been issued Local Agency Monitoring Waivers
- 9 states have been issued Compliance Investigation Waivers
- 18 states and 4 territories have been issued Extended Certification Waivers
- Arkansas, California, Nebraska, New Jersey, North Dakota, and Virginia have been issued Routine Monitoring Waivers
- Arkansas, Louisiana, New Mexico, Ohio, and Texas have been issued Four Month Issuance Waivers
- Arkansas, Florida, Louisiana, and New Mexico have been issued Non-Retail 2 Month Issuance Waivers
- Ohio, Minnesota, Mississippi, and Wisconsin have been issued Vendor Pre-Authorization Waivers