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U.S. Department of Agriculture—Early Payment of SNAP Benefits

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Highlights

During a recent lapse in appropriations, the U.S. Department of Agriculture (USDA) improperly relied on a provision of a continuing resolution to issue Supplemental Nutrition Assistance Program (SNAP) benefits earlier than usual. Section 110(b) of the Continuing Appropriations Act, 2019 authorized obligations for mandatory payments due on or about November 1, December 1, and January 1. USDA relied on section 110(b) to make February SNAP payments due outside of this range. In order to circumvent section 110(b)'s restrictions, USDA altered its historical pattern of obligations solely because its funding had lapsed. Based on a statutory analysis of this section 110(b) and USDA's historical pattern of obligations for SNAP benefits, we conclude that USDA's actions were improper.

In addition, the Antideficiency Act prohibits payments in advance or excess of available appropriations. While USDA had some or all of a $3 billion contingency fund available during the lapse in appropriations, it did not charge its obligations for February SNAP benefits to that appropriation. Instead, USDA charged its appropriation under the expired continuing resolution by improperly relying on section 110(b). We are not aware of, nor did USDA cite an exception of the Antideficiency Act on which it could have relied. Therefore, if USDA lacked sufficient budget authority to adjust its accounts, it should report a violation of the Antideficiency Act.

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Shirley A. Jones
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