The USDA has argued that those funds can only go toward unforeseen events like natural disasters, according to a department memo. But the memo, which also blames Democrats for the shutdown, contradicts a since-deleted contingency plan that says the USDA is legally obligated to pay SNAP benefits during a shutdown.

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Brief summary of significant agency activities that will continue during a lapse.

The Department will continue operations related to: certain farm loan processing items, certain
natural resource and conservation programs, core nutrition safety net programs, essential food
safety operations (inspections and laboratory work) to protect public health, responding to and
preparing for wildland fires, activities supported by user fees (including grading, assessment,
inspection, import and export), animal and plant health emergency programs (including new
world screwworm, highly pathogenic avian influenza, exotic fruit flies, African swine fever,
and rabies), Section 521 Rental Assistance Program outlays of prior obligations, human
resource policies and systems, critical IT infrastructure and cybersecurity, emergency
operations, and national defense and homeland security readiness.

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Brief summary of significant agency activities that will continue during a lapse. Also include the
legal basis for retaining categories of employees who will be carrying out these activities.

Core programs of the nutrition safety net, including the Supplemental Nutrition Assistance Program
(SNAP), the Child Nutrition (CN) programs and the Special Supplemental Nutrition Program for
Women, Infants and Children (WIC) shall continue operations during a lapse in appropriations, subject
to the availability of funding. These include: for the National Nutrition Monitoring and Related
Research Act of 1990and Agricultural Act of 2014, FNS will designate excepted staff working on the
development of the Dietary Guidelines for Americans; and forH.R. 1, FNS will designate excepted staff
to work on provisions that affect changes to SNAP eligibility, benefits, and program administration.

Supplemental Nutrition Assistance Program (SNAP):OMB’s General Counsel provided a letter to
USDA on May 23, 2025 stating that there is a bona fide need to obligate benefits for October – the first
month of the fiscal year – during or prior to the month of September, thereby guaranteeing that benefit
funds are available for program operations even in the event of a government shutdown at the
beginning of a fiscal year. In addition, Congressional intent is evident that SNAP’s operations should
continue since the program has been provided with multi-year contingency funds that can be used for
State Administrative Expenses to ensure that the State can also continue operations during a Federal
Government shutdown. These multi-year contingency funds are also available to fund participant
benefits in the event that a lapse occurs in the middle of the fiscal year. To fulfill this Congressional
intent, it is necessary that a limited number of FNS employees be excepted from furlough to support
program operations. These activities include, but are not limited to, program policy and operations,
financial management, and stakeholder communications.

Child Nutrition Programs (CNP):
Carryover funding and recoveries are available to continue to reimburse schools as well as child and
adult care providers for meals served in September and October. In addition, the Child Nutrition
Programs are largely funded by the Section 32 transfer from Treasury, which can be made available in
advance of annual appropriations acts (7 USC 612c-6). To fulfill this Congressional intent to continue
the program during a lapse, it is a necessary implication that a limited number of FNS employees be
excepted from furlough to support program operations. These activities include, but are not limited to
program policy and operations, financial management, and stakeholder communications.

WIC:
WIC has the ability to recover and reallocate unused grant award funds from the previous fiscal year. It
is a necessary implication that a limited number of FNS employees be excepted from furlough to
support program operations. These include, but are not limited to, program policy and operations,
financial management, and stakeholder communications.
This plan reflects the continuation of the essential Federal activities and funding to maintain the core
programs of the nutrition safety net. Additionally, other mandatory activities under the Food and
Nutrition Act of 2008, including but not limited to Food Distribution on Indian Reservations and
nutrition assistance block grants, will continue as will FNS’ disaster response activities under the Food
and Nutrition Act of 2008 and the Stafford Act, to the extent permitted by multi-year and directly
appropriated funds.

Staff funded by Direct Appropriations:
FNS staff funded by Child Nutrition direct appropriations will be regarded as exempt and continue in
duty status during a lapse in appropriations. As a part of the preparations for any potential lapse, the
Office of Financial Management will identify all staff currently in exempt status and provide that
information to the Administrator, the Director of Human Resources, and the Senior Leadership team.
Exempt staff will be notified of their status and its implications prior to any lapse in appropriations.