Top House Democrats charged Tuesday that President Trump’s decision to withhold food aid funding during the shutdown is not only callous, but also illegal.
The Democrats are pointing to a rolling contingency fund for the Supplemental Nutrition Assistance Program (SNAP), saying Congress created that multibillion dollar pool for emergency situations like the current budget impasse. If the Trump administration refuses to spend the money, they say, it would violate the federal law designed to ensure that appropriated funds go where Congress intended.
“The contingency funding that we set aside for SNAP is not optional spending. It is required by the law,” Rep. Rosa DeLauro (Conn.), the senior Democrat on the House Appropriations Committee, told reporters in the Capitol.
“We appropriated that money for this purpose. The White House must spend it,” she added. “And what they are doing right now, blocking these funds from going out, is illegal.”
At issue is more than $5 billion in the SNAP contingency pool, which Congress created to fund the low-income nutrition program in the event of emergencies. The U.S. Department of Agriculture (USDA), which oversees SNAP, had initially said the administration is legally obligated to pay SNAP benefits in the event of a shutdown.
But last week, the department reversed course, saying the contingency fund is reserved for emergencies like natural disasters, not the current shutdown, which it blamed on Democrats. In that light, the agency said, it’s not withholding the money that would be illegal, but spending it.
“The contingency fund is a source of funds for contingencies, such as the Disaster SNAP program, which provides food purchasing benefits for individuals in disaster areas, including natural disasters like hurricanes, tornadoes, and floods, that can come on quickly and without notice,” the USDA said in a memo.
The cost to fund full SNAP benefits through the month of November is estimated to be almost $8 billion. Withholding the funds would affect more than 40 million low-income people, including roughly 16 million children, 8 million seniors and 1.2 million veterans.
Democrats dispute the USDA’s legal argument, saying the contingency fund is designed for situations like the shutdown. They’re invoking the Impoundment Control Act of 1974, which limited the president’s powers to spend funds in ways inconsistent with Congress’s designs.
“The Trump administration has the appropriated funds, and legal authority, to fully fund SNAP in November — plain and simple,” said Rep. Angie Craig (Minn.), the senior Democrat on the House Agriculture Committee. “They are refusing to follow the law. And they are cutting food assistance when there are ample funds available.”
Also on Tuesday, 25 states led by Democrats sued the Trump administration, similarly contending that it is legally obligated to spend the SNAP contingency funds.
Democrats are pointing out that the administration has recently found funding for other favored projects, including $40 billion to bail out Argentina’s flailing economy, $300 million for a new White House ballroom and $170 million for new private jets for top officials at the Homeland Security Department. If the administration wanted to fund SNAP, they contend, it would do so.
“With the snap of a finger, that money can be released and get to people who need it,” DeLauro said.
