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TEFAP: Allocation of Supplemental Food and Administrative Funds from Division B of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

EO Guidance Document #
Resource type
Policy Memos
Resource Materials
DATE:August 4, 2021
SUBJECT: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)
TO:Regional Directors
Special Nutrition Programs
State Directors
All TEFAP State Agencies

On March 27th, 2020 the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (>PL 116-136) was signed into law. Division B, Title 1, Office of the Secretary, of the legislation provides supplemental funding for USDA to prevent, prepare for, and respond to coronavirus by providing support for agricultural producers impacted by the COVID-19 pandemic. From this supplemental funding, $500 million will be available as supplemental funding for The Emergency Food Assistance Program (TEFAP) in fiscal year (FY) 2022. TEFAP state agencies will be able to accept up to $100 million of that amount as administrative funds, and all remaining funds will be available for food purchases.

The list of food products to be offered for purchase with these food funds will be determined by the Agricultural Marketing Service (AMS) in conjunction with FNS. Food products are expected to be offered to state agencies through a fair share process based on the TEFAP allocation formula located in 7 CFR 251.3(h), in the same way that Section 32 Bonus and Food Purchase and Distribution Program foods have been offered. The anticipated timeframe for product delivery is January through at least September 2022; it is expected that most items offered will require freezer or cooler storage. Initial food offers will be made during the last quarter of FY 2021.

The Division B supplemental administrative funds are expected to be made available to state agencies in early FY 2022 in the amounts requested by state agencies from their allocations. Please see the attached TEFAP funding worksheet, which provides each state's available share of the supplemental administrative funds. State agencies must report to their respective FNS regional offices whether they will accept any or all of their share of these funds. Any funds not accepted will be used for food purchases and will be fair shared among all states. States must submit the total amount of administrative funds that they will accept by Aug. 18, 2021.

State agencies should also be aware that the 40 percent pass-through requirement for TEFAP administrative funding will apply to these supplemental administrative funds, as will the state matching requirement for any funds not passed through to emergency feeding organizations. These funds will be available for the same purposes as regular TEFAP administrative funds, per 7 CFR 251.8(e), and will not be restricted to costs specifically associated with the Division B purchased foods.

The period of performance for these funds will be from Oct. 1, 2021 through Sept. 30, 2022. States will need to separately report on these administrative funds from their normal reporting for TEFAP. Further guidance on reporting will follow.

TEFAP state agencies with questions may contact their respective FNS regional office; regional office staff with questions may contact Rachel Schoenian.

Laura Castro
Food Distribution Division


Page updated: December 20, 2023

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.