Harrisburg, PA – The Wolf Administration today issued the following statement on the United States Department of Agriculture’s (USDA’s) refusal to issue Supplemental Nutrition Assistance Program (SNAP) emergency allotments to all households without risk of retribution against Pennsylvania – an action that undermines a federal court order and forces Pennsylvania to choose between issuing additional benefits in line with the order and facing a potential $82 million monthly recoupment should the USDA prevail on appeal.
The Families First Coronavirus Response Act (FFCRA) permits states to extend emergency SNAP allotments to current SNAP recipients due to the ongoing crisis. However, the USDA issued guidance to states on March 20, 2020 specifying that emergency allotments authorized under the FFCRA should only be issued to households not currently receiving the maximum monthly allotment – excluding 40 percent of SNAP households in Pennsylvania.
In September, the United States District Court for the Eastern District of Pennsylvania issued a preliminary injunction in Gilliam v. USDA, ruling that the USDA misinterpreted the law to mean that any household that was already receiving the maximum monthly allotment for its size would not receive an additional emergency allotment. Following the ruling, the USDA sought clarification regarding the ruling, delaying Pennsylvania’s request for additional emergency allotments. After being reprimanded by the court for not promptly complying with the preliminary injunction, the USDA indicated that they would extend emergency allotments to SNAP recipients currently receiving the monthly maximum benefit, but that if their appeal was successful, they would recoup funds issued from the Commonwealth of Pennsylvania, which would total about $82 million per month.
The full statement:
“No one should be barred from access to food at any time, but especially during a pandemic when healthy foods are critical to maintaining good health and well-being,” Governor Tom Wolf said. “What the USDA is doing is mean-spirited, dangerous and just plain wrong. Washington needs to stop playing politics with people’s lives.”
“It’s no secret that Pennsylvania and many other states around the country are in difficult financial positions due to COVID-19 – situations that are exacerbated by an unwillingness of the federal government to pass a stimulus package to provide states some relief. Holding the threat of recoupment over the head of the commonwealth is nothing more than a strong-arm tactic to prevent this much-needed aid from going out to households across Pennsylvania and discourage other states from pursuing this aid for their residents.
“The Trump Administration’s refusal to issue benefits without threat of seeking recoupment is a vindictive unwillingness to follow the law and help some of the lowest-income Pennsylvanians and Americans around the country during what has and will continue to be a tumultuous period. For most of the last six months, Pennsylvania has urged the USDA to follow the Families First Coronavirus Response Act as it is written and extend additional support to all SNAP recipients as authorized under the law. They have been unwilling to do this, and now that they are being forced to correct their misinterpretation, the USDA is putting Pennsylvania in an incredibly difficult position as we try to issue additional support to Pennsylvanians with low or no income.
“This aid was intended to help individuals and families not have to go without food and ease the burden on an over-extended charitable food network. This will also directly support local food retailers, grocers, and agricultural producers around Pennsylvania who accept SNAP benefits – many of whom are small businesses – who are also feeling the impact of this period of economic insecurity. As the nation continues to face the COVID-19 pandemic that is only accelerating, access to essential needs like food is more important than ever to help keep people healthy, mitigate co-occurring health risks, and limit trips out of the home throughout the dangerous flu season and winter months.
“These political games only hurt the people who need this relief most. I urge the USDA to abandon this needless threat so Pennsylvania can issue these benefits to families who have gone without additional support for the last six months without further exacerbating our budgetary situation. Our SNAP families are in dire straits and many are still struggling to survive this pandemic because of the lack of further relief and support from the federal government. It is our duty and responsibility as public servants to provide the services and benefits needed to come through this pandemic and recover once the pandemic has ended.”
