USDA moves to partially fund November SNAP using contingency funds after court orders; agency resists tapping child nutrition money
Half benefits, weeks of delays despite court orders
On Nov. 3, 2025, the USDA told federal courts it would obligate roughly $4.65 billion from SNAP’s contingency fund to provide partial November benefits while declining to transfer additional funds from Section 32 (child nutrition) to cover the remainder. The agency warned states that rolling out reduced payments could take weeks or longer for some systems. In later filings and guidance (Nov. 5–6), the USDA revised its calculations about how deep reductions would be, and judges pushed back, ordering fuller payments and questioning the agency’s refusal to use child-nutrition balances.
Why this matters
Partial SNAP funding maximizes hardship while technically complying with court orders. The administration chose not to use $4 billion in available child nutrition funds that courts said it had authority to access, forcing families to survive on half their normal food assistance. Saying full benefits come when government reopens makes hunger a hostage to political deadlock. The several weeks delay means many families will not see any November benefits until December, missing rent and utility payments while waiting for food money. States must recode entire systems for reduced benefits, creating errors and longer delays than simply providing full payments. This minimal compliance strategy weaponizes bureaucratic complexity against vulnerable families.
Core Facts
In a Nov. 3 court filing, the USDA said it would obligate about $4.65 billion from SNAP’s contingency fund to provide partial November benefits while reserving roughly $600 million for administration and U.S. territories; the agency told the court the contingency balance alone did not cover the roughly $9+ billion needed for a full month of benefits.
A senior USDA official, Patrick Penn, submitted a sworn declaration saying the agency intended to deplete the contingency fund to provide reduced November payments and that state system changes to issue reduced allotments could take anywhere from weeks to several months in some states.
Federal judges in Rhode Island and Massachusetts ordered the USDA to provide SNAP benefits for November and said the agency could transfer Section 32 (child nutrition) funds to help cover the shortfall; the USDA asked courts for a stay and argued transferring roughly $4 billion from child nutrition funds would risk the child nutrition programs.
After the Nov. 3 filings, the USDA revised its benefit-reduction calculations in follow-up filings and guidance (Nov. 5–6), prompting additional judicial scrutiny and state preparations to issue larger or full benefits.
Key Actors
Patrick Penn
Deputy Undersecretary, USDA Food, Nutrition & Consumer Services (FNS)
Submitted sworn declarations to federal courts explaining the agency's plan to obligate roughly $4.65 billion in SNAP contingency funds for partial November payments and warning that state system changes could take weeks or months.
John J. McConnell Jr.
U.S. District Judge (District of Rhode Island)
Ordered the USDA to distribute SNAP payments for November and said the agency could transfer Section 32 funds; his rulings triggered agency filings and an emergency stay request.
U.S. Department of Agriculture (USDA)
Federal agency administering SNAP
Told courts it would use contingency funds to provide partial payments, argued against transferring Section 32 child nutrition funds, and later revised its calculations about the size of partial payments.
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