Appendix C Legal Authority PRAO comments 4-24-19

APPENDIX C - LEGAL AUTHORITY
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11

FOOD AND NUTRITION ACT OF 2008

Sec. 5

this paragraph $5,000,000 for each of fiscal years 2008
through 2023.
(7) AVAILABILITY OF FUNDS.—
(A) IN GENERAL.—Funds made available for a fiscal
year to carry out this subsection shall remain available for
obligation for a period of 2 fiscal years.
(B) ADMINISTRATIVE COSTS.—Funds made available for
a fiscal year to carry out paragraph (4) shall remain available for obligation by the State agency or tribal organization for a period of 2 fiscal years.
(c) The Secretary shall issue such regulations consistent with
this Act as the Secretary deems necessary or appropriate for the
effective and efficient administration of the supplemental nutrition
assistance program and shall promulgate all such regulations in accordance with the procedures set forth in section 553 of title 5 of
the United States Code. In addition, prior to issuing any regulation, the Secretary shall provide the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a copy of the regulation with
a detailed statement justifying it.
ELIGIBLE HOUSEHOLDS

SEC. 5. ø7 U.S.C. 2014¿ (a) Participation in the supplemental
nutrition assistance program shall be limited to those households
whose incomes and other financial resources, held singly or in joint
ownership, are determined to be a substantial limiting factor in
permitting them to obtain a more nutritious diet. Notwithstanding
any other provisions of this Act except subsections (b), (d)(2), (g),
and (r) of section 6 and section 3(m)(4), households in which each
member receives benefits under a State program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), supplemental security income benefits under title XVI of the Social Security Act ø(42 U.S.C. 1381 et seq.)¿, or aid to the aged, blind, or
disabled under title I, X, XIV, or XVI of the Social Security Act,
shall be eligible to participate in the supplemental nutrition assistance program. Except for sections 6, 16(e)(1), and section 3(m)(4),
households in which each member receives benefits under a State
or local general assistance program that complies with standards
established by the Secretary for ensuring that the program is based
on income criteria comparable to or more restrictive than those
under subsection (c)(2), and not limited to one-time emergency payments that cannot be provided for more than one consecutive
month, shall be eligible to participate in the supplemental nutrition
assistance program. Assistance under this program shall be furnished to all eligible households who make application for such
participation.
(b) ELIGIBILITY STANDARDS.—Except as otherwise provided in
this Act, the Secretary shall establish uniform national standards
of eligibility (other than the income standards for Alaska, Hawaii,
Guam, and the Virgin Islands of the United States established in
accordance with subsections (c) and (e) of this section) for participation by households in the supplemental nutrition assistance program in accordance with the provisions of this section. No plan of
operation submitted by a State agency shall be approved unless the
January 15, 2019

VerDate 0ct 09 2002

15:52 Jan 15, 2019

As Amended Through P.L. 115-334, Enacted December 20, 2018

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