Langworthy’s October Telephone Town Hall: Part 1
SNAP Reserve Funds Exist — and Were Used by Republicans in 2019
Key Points
- The SNAP reserve fund exists to keep benefits flowing during funding lapses.
- Republicans used it in 2019 to pay SNAP benefits during the shutdown.
- USDA now claims the fund can’t be used, reversing past policy.
- Twenty-five states, including New York, are suing to force its release.
- Governor Hochul announced $30 million in emergency food aid but said no state can replace federal SNAP funds.
- Federal Judge John J. McConnell Jr. ruled that the SNAP reserve fund must be used to maintain benefits during the shutdown.
Representative Nicholas Langworthy held his end-of-month telephone town hall on October 29. One exchange highlighted ongoing confusion over how Supplemental Nutrition Assistance Program (SNAP) benefits can continue during the current government shutdown.
A Constituent’s Question
Patricia from Hammondsport raised a detailed question about the $6 billion reserve that supports SNAP during funding lapses:
“I’d like to revisit this issue of the $6 billion reserve for the SNAPO program. I mean you say it’s absolutely illegal to tap it. What would it take to get those and why do we have a reserve if we can’t use it?”
Langworthy’s Response
“Well, the reserve is for things that like COVID where you have an active appropriation, and the funds are set aside for emergencies like that situation or if there was a different catastrophe in the country, that you have a reserve fund of money that the secretary can implement to put emergency funding out there. It is not appropriated for the purposes of just monthly SNAP benefits. The way we can get out of it is reopen the government, and then everybody can get what they would get every single month.”
Langworthy’s answer reflected recent talking points from House Republican leadership —that the SNAP contingency reserve cannot legally fund regular benefits during a shutdown.
What the Law and Record Show
The Food and Nutrition Act of 2008 establishes the SNAP Contingency Reserve Fund “for program operations as may become necessary.” Congress replenishes it annually to cover costs arising from emergencies or interruptions in appropriations.
Federal agencies and watchdog reports have consistently interpreted the fund to include monthly SNAP benefits during government shutdowns.
During the 2018–2019 shutdown—the longest in U.S. history—the Trump administration drew on this same reserve to issue February 2019 benefits. States were instructed to pay them early, using the fund to avoid disruption. The Government Accountability Office later confirmed that USDA “had contingency funds available to pay benefits” (GAO Report B-331094, Sept. 2019).
This precedent establishes two facts:
- The reserve can be used for regular SNAP benefits during a shutdown.
- Republicans last authorized its use in 2019.
The Current USDA Position
In September 2025, USDA’s published shutdown plan stated that contingency reserves “will be available to pay subsequent months’ benefits.” The document was later removed from the agency’s website.
By early October, USDA reversed course, claiming the reserve was “not legally available” for ongoing SNAP payments. The department has not explained why it abandoned the 2019 interpretation confirmed by both USDA and GAO.
State Lawsuits and Legal Challenges
Twenty-five states have since filed or joined lawsuits arguing that USDA’s refusal to release the contingency funds violates federal law. The lead case, filed by California Attorney General Rob Bonta and joined by New York, Illinois, and several others, contends that the agency’s reversal violates both the Food and Nutrition Act and the Administrative Procedure Act.
The lawsuits point to the 2019 precedent and statutory language authorizing use of contingency funds for “program operations.” They argue that USDA’s inaction risks a lapse in benefits for roughly 42 million Americans—families who rely on SNAP to afford food.
Governors from both parties have urged USDA to act, warning that delays will ripple through local economies as retailers and food banks lose millions in expected SNAP spending.
Impact on Western New York
SNAP supports more than 2.8 million New Yorkers, including thousands of households in Langworthy’s 23rd Congressional District. Without the contingency reserve, benefits could be interrupted within weeks, affecting both recipients and small-town grocers who depend on steady SNAP transactions.
While reopening the government would restore normal funding, USDA has the authority to use the reserve immediately—as it did in 2019—to avoid hardship. The funds exist, the precedent is clear, and the law allows their use.
Update
On October 27, 2025, Governor Kathy Hochul announced she was fast-tracking $30 million in state emergency food-aid funds to help New Yorkers affected by the potential SNAP benefit lapse. She said, “While I’ve said repeatedly that no state can backfill these devastating cuts, I am committed to ensuring New Yorkers do not go hungry this holiday season and am taking action to support the families suffering the consequences of Republicans’ cruelty.”
The funds will flow to local food banks and emergency pantries, not as SNAP replacements. Hochul reiterated that New York cannot legally or financially assume responsibility for regular federal SNAP payments during the shutdown.
In a key ruling, U.S. District Judge John J. McConnell Jr. of the United States District Court for the District of Rhode Island ordered the Trump administration to maintain SNAP benefits during the shutdown. The decision, citing 2019 precedents where USDA reserves funded monthly allotments without disruption, rejects the department’s narrow interpretation of the law. As Judge McConnell wrote: “The SNAP Contingency Fund … is plainly intended to address ‘unforeseen circumstances’ that ‘may become necessary’ for program operations—including lapses in appropriations like the current shutdown.” This ensures continued support for 42 million recipients. #SNAPIntegrity
References
- Food and Nutrition Act of 2008, 7 U.S.C. § 2011 et seq.
- Government Accountability Office, USDA—Availability of SNAP Contingency Reserve Fund During Fiscal Year 2019 Lapse in Appropriations, Report B-331094 (Sept. 5, 2019).
- U.S. Department of Agriculture, SNAP Q&A During FY2019 Shutdown, Jan. 10–18, 2019.
- USDA, FY2025 Contingency Operations Plan (archived Sept. 30, 2025).
- State of California et al. v. U.S. Department of Agriculture, Case No. 3:25-cv-#### (N.D. Cal., filed Oct. 2025).
- Office of Governor Kathy Hochul, Governor Hochul Holds Rally with New Yorkers Impacted by Republican Cuts and Announces $30 Million in Emergency Food Aid, Oct. 27 2025.
- Congressional Research Service, The Supplemental Nutrition Assistance Program (SNAP): Background and Funding, updated 2023.
- U.S. Census Bureau, SNAP Participation and Benefits Data, 2023.
