November 3, 2025

USDA moves to partially fund November SNAP using contingency funds after court orders; agency resists tapping child nutrition money

USDA provides only half benefits with weeks of delays despite court orders to use contingency reserve funds

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.

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 PennPatrick 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.

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