Appendix 1 - LEGAL AUTHORITY FOR PUBLISHED FINAL RULE AE68 0584-0653

Appendix 1 - LEGAL AUTHORITY FOR FINAL RULE AE68 0584-0653 Feb 25 20.docx

Final Rule: Employment and Training Opportunities in the Supplemental Nutrition Assistance Program (RIN 0584- AE68)

Appendix 1 - LEGAL AUTHORITY FOR PUBLISHED FINAL RULE AE68 0584-0653

OMB: 0584-0653

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Appendix 1: AUTHORITY for RIN-0584-AE68 Employment and Training Opportunities

Final Rule




The Agriculture Improvement Act of 2018, section 4005, paragraphs (a)(2) and (a)(5).


(2) in subparagraph (B)—

(A) in the matter preceding clause (i), by inserting

‘‘case management services such as comprehensive intake

assessments, individualized service plans, progress monitoring,

or coordination with service providers and’’ after

‘‘contains’’,


(5)…

(O) REFERRAL OF CERTAIN INDIVIDUALS.—

(i) IN GENERAL.—In accordance with such regulations

as may be issued by the Secretary, with respect

to any individual who is not eligible for an exemption

under paragraph (2) and who is determined by the

operator of an employment and training program

component to be ill-suited to participate in that employment

and training program component, the State

agency shall—

(I) refer the individual to an appropriate

employment and training program component;

(II) refer the individual to an appropriate

workforce partnership, if available;

(III) reassess the physical and mental fitness

of the individual under paragraph (1)(A); or

(IV) to the maximum extent practicable,

coordinate with other Federal, State, or local

workforce or assistance programs to identify work

opportunities or assistance for the individual.

(ii) PROCESS.—In carrying out clause (i), the State

agency shall ensure that an individual undergoing and

complying with the process established under that

clause shall not be found to have refused without good

cause to participate in an employment and training

program.


The Food and Nutrition Act of 2008, section 4, paragraph (c)


(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.




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