This letter is in response to correspondence from WIC state agencies using offline Electronic Benefit Transfer (EBT) technology or paper food instruments, and requesting program flexibility from the WIC program federal requirements as a result of the impact of the ongoing COVID-19 pandemic and the 2022 Abbott recall of certain powder infant formula, exempt infant formula, and WIC-eligible nutritionals on the nationwide supply chain leading to both periodic location- and product-based WIC infant formula and exempt infant formula shortages.
On Dec. 27, 2020, the President signed into law the Consolidated Appropriations Act 2021. This Act excludes federal pandemic unemployment compensation payments authorized under the Coronavirus Aid, Relief and Economic Security Act from consideration as income for the purposes of determining FDPIR eligibility.
This memorandum includes questions and answers on flexibilities available to Indian Tribal Organizations and state agencies on the operations of FDPIR. These flexibilities may assist ITOs and state agencies that administer FDPIR in continuing to provide food to people in need during the novel COVID-19 public health emergency.
Consistent with the CARES Act, USDA will be allocating the $50 million for facility improvements and equipment upgrades to Indian Tribal Organizations and state agencies that administer FDPIR for program costs allowable under the law.