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What legal or administrative actions changed USDA emergency allotments in 2020–2023?
Executive Summary
Congress and the USDA changed SNAP emergency allotments through a mix of legislative and administrative actions between 2020 and 2023: emergency allotments were created or expanded under pandemic-era laws and USDA waivers, and then terminated by the Consolidated Appropriations Act of 2023, which ended emergency allotments after February 2023 issuance [1] [2]. States varied in implementation and timing, with some ending allotments earlier and others relying on USDA waivers tied to public-health declarations [3] [4].
1. What advocates and critics first claimed — the emergency lifeline that grew rapidly
The initial legal foundation for expanded SNAP emergency allotments was statutory and administrative: Congress enacted pandemic relief that empowered USDA to approve state requests for emergency allotments beginning March 2020, and USDA issued guidance and waivers to operationalize larger monthly benefits during the COVID-19 emergency. This approach was framed as temporary pandemic relief tied to public-health and state emergency declarations and was implemented through a series of USDA guidance updates and state waivers that expanded benefits for millions. The analyses document that the Families First Coronavirus Response Act and subsequent USDA guidance created the authority and mechanisms for these temporary emergency allotments [1] [5].
2. The decisive legal cut — Consolidated Appropriations Act of 2023 ended emergency allotments
Legislation enacted at the end of 2022 made the decisive legal change: the Consolidated Appropriations Act, 2023, specifically ended SNAP emergency allotments after the issuance of February 2023 benefits, removing the prior automatic link to the federal Public Health Emergency and prohibiting issuance for months after February 2023. This statutory change overrides earlier USDA guidance that had tied emergency allotments to the duration of the public-health emergency or state-level emergencies, and it required states to adjust or retroactively reconcile February 2023 and prior benefits where applicable [2] [4].
3. USDA’s administrative role — guidance, waivers, and phased extensions before the cut-off
Before the statutory termination, USDA used administrative authority to permit and extend emergency allotments: the Food and Nutrition Service issued guidance allowing states to request waivers tied to COVID-era public-health declarations and provided operational rules for issuance, phase-outs, and reporting. USDA guidance was updated multiple times during 2021–2022 to manage state requests and the mechanics of emergency allotments, including guidance on a phase-out month after state emergency declarations. These administrative actions effectively shaped who received emergency allotments and for how long until Congress intervened with the 2023 appropriations language [4] [5].
4. States diverged — opt-outs, political patterns, and timing differences
Implementation varied by state: analyses show that 18 states opted out of SNAP emergency allotments before the federal cutoff, reducing benefits and enrollment in those states, while others continued through February 2023. A 2024 study identified a political pattern: governors’ party affiliation predicted many opt-out decisions, with 17 of the 18 early opt-out states led by Republican governors at the time. This state-level variation meant the practical end date for many households preceded the federal statutory end, producing staggered benefit reductions depending on state action [3] [1].
5. The measurable fallout — benefit cuts and lower federal SNAP spending
Analyses documented concrete effects after emergency allotments ended: SNAP benefits fell sharply in the quarter following termination, with reported average drops around $86 per person or $163 per household and larger per-household reductions in opt-out states. The end of emergency allotments contributed to more than a 25 percent decrease in monthly federal SNAP costs in the immediate aftermath and projected lower SNAP spending in FY2024. Analysts warned that the cuts came amid higher food prices, increasing risks of food insecurity even as federal outlays declined [6] [1].
6. What remained and the unresolved policy questions after 2023
While emergency allotments ended, other SNAP changes persisted: the Online Purchasing Pilot and a permanent update to the Thrifty Food Plan that increased baseline maximum benefits remained in place, and some program flexibilities expired or were modified going into FY2023. The legislative termination resolved the link to the Public Health Emergency but left open policy debates over how to address heightened food insecurity, the role of temporary versus permanent relief, and how state political decisions shape access. These administrative and legislative choices together defined the end of the emergency era for SNAP benefits [7] [2].