Court rulings issued on SNAP contingency funds; NACo and NLC send letter to USDA ahead of Nov. 1 benefits lapse

Key Takeaways

On October 31, NACo, in partnership with the National League of Cities (NLC), sent a letter urging the U.S. Department of Agriculture (USDA) to release the Supplemental Nutrition Assistance Program (SNAP) contingency funds to minimize the disruption of November benefits during the ongoing federal government shutdown. According to USDA, the SNAP contingency fund has $4.65 billion for November benefits, falling short of the roughly $8 billion needed to cover the month’s expected benefit costs.

Additionally, on October 31, a federal judge in Massachusetts found the plaintiffs in a lawsuit from 26 states were likely to prevail in their claim that USDA is legally required to utilize the SNAP contingency funds. The judge also ordered USDA to outline their plan to distribute benefits by Monday, November 3. 

In a separate lawsuit filed by a coalition of nonprofits, a federal judge in Rhode Island ordered USDA to release the contingency funds immediately. In response to the Rhode Island federal judge, on November 3, USDA stated that it would utilize the contingency funds for partial SNAP benefits.

In the ten states where counties administer SNAP, local officials are managing added challenges as they implement major program changes required by H.R. 1 while also maintaining essential daily operations. NACo will continue to monitor developments in litigation involving SNAP and guidance from USDA.