Oregon — In a sharply worded press release, Sen. Jeff Merkley (D-OR) accused President Donald Trump of using food “as a weapon to inflict harm on vulnerable kids, seniors, and families across America” under what he called a “Make America Hungry Agenda” (Merkley press release, Nov. 3, 2025).
But documents filed by the U.S. Department of Agriculture and reviewed in federal court reveal a more complex legal and fiscal picture than Merkley’s description suggests.
In a sworn declaration, USDA Deputy Under Secretary Patrick A. Penn stated that while the agency would use contingency funds to deliver partial Supplemental Nutrition Assistance Program (SNAP) benefits, “USDA’s understanding is that the system changes States must implement to provide the reduced benefit amounts will take anywhere from a few weeks to up to several months” (California Attorney General, Exhibit B, p. 3).
Penn added that the department’s contingency fund totaled “about $4.65 billion,” which “will only fund half of SNAP for November,” and that the Administration “would not use interchange authority to spend Section 32 tariff revenue to fully fund SNAP” (ibid.).
Section 32 funds, derived from customs duties, are legally dedicated to child-nutrition and farm-support programs. In the same filing, USDA argued that diverting them could “leave an unprecedented gap in Child Nutrition Programs” that feed millions of children (California Attorney General, p. 6). “Section 32 is not a contingency fund for SNAP,” the department told the court (ibid.).
Those limitations complicate the senators’ demand that the Administration “use all congressionally approved funding” to keep families from going hungry (Merkley press release, Nov. 3, 2025).
While the courts ordered the government to utilize emergency reserves, USDA’s filings make clear that full restoration of benefits may take time and that not all federal food accounts are legally interchangeable.
Republican lawmakers have made several proposals related to SNAP funding amid the shutdown. For example, Sen. Josh Hawley (R-MO) introduced a bill “to protect SNAP benefits amid the government shutdown,” with support from more than a dozen fellow Republicans. Republican leader Senator Barrasso (WY) has argued that “Democrats knew their actions threatened food assistance. They were fully aware of it,” he continued, saying repeatedly that Democrats had voted against the spending bill 13 times. “If Democrats really wanted to help struggling families, they’d stop blocking a clean continuing resolution.” Barrasso further accused Democrats of “playing dangerous political games” and using vulnerable Americans as “political pawns.”
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