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7 U.S.C. § 2013 — Establishment of supplemental nutrition assistance program

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2013 — Establishment of supplemental nutrition assistance program

**(a) Program** (1) **Establishment** — Subject to the availability of funds appropriated under [section 2027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2027&num=0&edition=prelim), the Secretary is authorized to formulate and administer a supplemental nutrition assistance program under which, at the request of the State agency, eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment, except that a State may not participate in the supplemental nutrition assistance program if the Secretary determines that State or local sales taxes are collected within that State on purchases of food made with benefits issued under this chapter. The benefits so received by such households shall be used only to purchase food from retail food stores which have been approved for participation in the supplemental nutrition assistance program. Benefits issued and used as provided in this chapter shall be redeemable at face value by the Secretary through the facilities of the Treasury of the United States. (2) **State quality control incentive** (A) *Definition of payment error rate* — In this paragraph, the term “payment error rate” has the meaning given the term in [section 2025(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c/2&num=0&edition=prelim). (B) *State cost share* (i) *In general* — Subject to clause (iii), beginning in fiscal year 2028, if the payment error rate of a State as determined under clause (ii) is— (I) less than 6 percent, the Federal share of the cost of the allotment described in paragraph (1) for that State in a fiscal year shall be 100 percent, and the State

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Stable record: federal_law:legal_authorities:record_usc_8756ad73a8032c38d48b92d3
Source file: Laws/federal/codes/united-states-code/title-7/section-2013-establishment-of-supplemental-nutrition-assistance-program--256d2c25ff.md
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Source location: Title 7, Chapter 51, § 2013; chapter-051-supplemental-nutrition-assistance-program.md

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**(a) Program** (1) **Establishment** — Subject to the availability of funds appropriated under [section 2027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2027&num=0&edition=prelim), the Secretary is authorized to formulate and administer a supplemental nutrition assistance program under which, at the request of the State agency, eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment, except that a State may not participate in the supplemental nutrition assistance program if the Secretary determines that State or local sales taxes are collected within that State on purchases of food made with benefits issued under this chapter. The benefits so received by such households shall be used only to purchase food from retail food stores which have been approved for participation in the supplemental nutrition assistance program. Benefits issued and used as provided in this chapter shall be redeemable at face value by the Secretary through the facilities of the Treasury of the United States. (2) **State quality control incentive** (A) *Definition of payment error rate* — In this paragraph, the term “payment error rate” has the meaning given the term in [section 2025(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2025/c/2&num=0&edition=prelim). (B) *State cost share* (i) *In general* — Subject to clause (iii), beginning in fiscal year 2028, if the payment error rate of a State as determined under clause (ii) is— (I) less than 6 percent, the Federal share of the cost of the allotment described in paragraph (1) for that State in a fiscal year shall be 100 percent, and the State share shall be 0 percent; (II) equal to or greater than 6 percent but less than 8 percent, the Federal share of the cost of the allotment described in paragraph (1) for that State in a fiscal year shall be 95 percent, and the State share shall be 5 percent; (III) equal to or greater than 8 percent but less than 10 percent, the Federal share of the cost of the allotment described in paragraph (1) for that State in a fiscal year shall be 90 percent, and the State share shall be 10 percent; and (IV) equal to or greater than 10 percent, the Federal share of the cost of the allotment described in paragraph (1) for that State in a fiscal year shall be 85 percent, and the State share shall be 15 percent. (ii) *Elections* (I) *Fiscal year 2028* — For fiscal year 2028, to calculate the applicable State share under clause (i), a State may elect to use the payment error rate of the State from fiscal year 2025 or 2026. (II) *Fiscal year 2029 and thereafter* — For fiscal year 2029 and each fiscal year thereafter, to calculate the applicable State share under clause (i), the Secretary shall use the payment error rate of the State for the third fiscal year preceding the fiscal year for which the State share is being calculated. (iii) *Delayed implementation* (I) *Fiscal year 2025* — If, for fiscal year 2025, the payment error rate of a State multiplied by 1.5 is equal to or above 20 percent, the implementation date under clause (i) for that State shall be fiscal year 2029. (II) *Fiscal year 2026* — If, for fiscal year 2026, the payment error rate of a State multiplied by 1.5 is equal to or above 20 percent, the implementation date under clause (i) for that State shall be fiscal year 2030. (3) **Maximum Federal payment** — The Secretary may not pay towards the cost of an allotment described in paragraph (1) an amount that is greater than the applicable Federal share under paragraph (2). **(b) Food distribution program on Indian reservations** (1) **In general** — Distribution of commodities, with or without the supplemental nutrition assistance program, shall be made whenever a request for concurrent or separate food program operations, respectively, is made by a tribal organization. (2) **Administration** (A) *In general* — Subject to subparagraphs (B) and (C), in the event of distribution on all or part of an Indian reservation, the appropriate agency of the State government in the area involved shall be responsible for the distribution. (B) *Administration by tribal organization* — If the Secretary determines that a tribal organization is capable of effectively and efficiently administering a distribution described in paragraph (1), then the tribal organization shall administer the distribution. (C) *Prohibition* — The Secretary shall not approve any plan for a distribution described in paragraph (1) that permits any household on any Indian reservation to participate simultaneously in the supplemental nutrition assistance program and the program established under this subsection. (3) **Disqualified participants** — An individual who is disqualified from participation in the food distribution program on Indian reservations under this subsection is not eligible to participate in the supplemental nutrition assistance program under this chapter for a period of time to be determined by the Secretary. (4) **Administrative costs** (A) *In general* — Subject to subparagraph (B), the Secretary shall pay not less than 80 percent of administrative costs and distribution costs on Indian reservations as the Secretary determines necessary for effective administration of such distribution by a State agency or tribal organization. (B) *Waiver* — The Secretary shall waive up to 100 percent of the non-Federal share of the costs described in subparagraph (A) if the Secretary determines that— (i) the tribal organization is financially unable to provide a greater non-Federal share of the costs; or (ii) providing a greater non-Federal share of the costs would be a substantial burden for the tribal organization. (C) *Limitation* — The Secretary may not reduce any benefits or services under the food distribution program on Indian reservations under this subsection to any tribal organization that is granted a waiver under subparagraph (B). (D) *Tribal contribution* — The Secretary may allow a tribal organization to use funds provided to the tribal organization through a Federal agency or other Federal benefit to satisfy all or part of the non-Federal share of the costs described in subparagraph (A) if that use is otherwise consistent with the purpose of the funds. (5) **Bison meat** — Subject to the availability of appropriations to carry out this paragraph, the Secretary may purchase bison meat for recipients of food distributed under this subsection, including bison meat from— (A) Native American bison producers; and (B) producer-owned cooperatives of bison ranchers. (6) **Traditional and locally- and regionally-grown food fund** (A) *In general* — Subject to the availability of appropriations, the Secretary shall establish a fund for use in purchasing traditional and locally- and regionally-grown foods for recipients of food distributed under this subsection. (B) *Native American producers* — Where practicable, of the food provided under subparagraph (A), at least 50 percent shall be produced by Native American farmers, ranchers, and producers. (C) *Definition of traditional and locally- and regionally-grown* — The Secretary shall determine the definition of the term “traditional and locally- and regionally-grown” with respect to food distributed under this paragraph. (D) *Purchase of foods* — In carrying out this paragraph, the Secretary shall purchase or offer to purchase those traditional foods that may be procured cost-effectively. (E) *Authorization of appropriations* — There is authorized to be appropriated to the Secretary to carry out 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) Regulations; transmittal of copy of regulations to Congressional committees prior to issuance** The Secretary shall issue such regulations consistent with this chapter 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). 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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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2027 — Appropriations and allotments

**(a) Authorization of allotments; monthly reports of expenditures to Congressional committees; restriction on use of funds; nutrition education improvements** (1) To carry out this chapter, there are authorized to be appropriated such sums as are necessary for each of fiscal years 2008 through 2023. Not to exceed one-fourth of 1 per centum of the previous year’s appropriation is authorized in each such fiscal year to carry out the provisions of [section 2026 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2026&num=0&edition=prelim), subject to paragraph (3). (2) No funds authorized to be appropriated under this chapter or any other Act of Congress shall be used by any person, firm, corporation, group, or organization at any time, directly or indirectly, to interfere with or impede the implementation of any provision of this chapter or any rule, regulation, or project thereunder, except that this limitation shall not apply to the provision of legal and related assistance in connection with any proceeding or action before any State or Federal agency or court. The President shall ensure that this paragraph is complied with by such order or other means as the President deems appropriate. (3) (A) Of the amounts made available under the second sentence of paragraph (1), not more than $2,000,000 in any fiscal year may be used by the Secretary to make 2-year competitive grants that will— (i) enhance interagency cooperation in nutrition education activities; and (ii) develop cost effective ways to inform people eligible for supplemental nutrition assistance program benefits about nutrition, resource management, and community nutrition education programs, such as the expanded food and nutrition education program. (B) T

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2012 — Definitions

As used in this chapter, the term: **(a)** “Access device” means any card, plate, code, account number, or other means of access, including point of sale devices, that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under this chapter. **(b)** “Allotment” means the total value of benefits a household is authorized to receive during each month. **(c)** “Allowable medical expenses” means expenditures for (1) medical and dental care, (2) hospitalization or nursing care (including hospitalization or nursing care of an individual who was a household member immediately prior to entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional, (4) health and hospitalization insurance policies (excluding the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.], (6) dentures, hearing aids, and prosthetics (including the costs of securing and maintaining a seeing eye dog), (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure medical treatment or services, and (9) maintaining an attendant, homemaker, home health aide, housekeeper, or child care services due to age, infirmity, or illness. **(d) Benefit.—** The term “benefi

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1161 — Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows

**(a) Short title** This section may be cited as the “Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008”. **(b) Definitions** In this subsection: 11 So in original. Probably should be “section:”. (1) **Director** — The term “Director” means the head of the Congressional Hunger Center. (2) **Fellow** — The term “fellow” means— (A) a Bill Emerson Hunger Fellow; or (B) Mickey Leland Hunger Fellow. (3) **Fellowship Programs** — The term “Fellowship Programs” means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1). **(c) Fellowship Programs** (1) **In general** — There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program. (2) **Purposes** (A) *In general* — The purposes of the Fellowship Programs are— (i) to encourage future leaders of the United States— (I) to pursue careers in humanitarian and public service; (II) to recognize the needs of low-income people and hungry people; (III) to provide assistance to people in need; and (IV) to seek public policy solutions to the challenges of hunger and poverty; (ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and (iii) to increase awareness of the importance of public service. (B) *Bill Emerson Hunger Fellowship Program* — The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States. (C) *Mickey Leland Hunger Fellowship Program* — The purpose of the Mickey Leland Hunger Fellowship Program i

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1751 — Congressional declaration of policy

It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450b — Transferred

### Statutory Notes #### Codification Section 458bbb–2, Pub. L. 93–638, title V, § 503, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938, was renumbered section 803 of Pub. L. 93–638 and transferred to [section 458ddd–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section458ddd-2&num=0&edition=prelim) prior to editorial reclassification as [section 5423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5423&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim). (2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171). **(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c). **(c) Transportation** (1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year. (2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary. (3) **Amount** (A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying— (i) the amount of costs incurred by the geographically di

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 402a — Supplemental subsistence allowance for low-income members with dependents

**(a) Supplemental Allowance Required.—** (1) The Secretary concerned shall increase the basic allowance for subsistence to which a member of the armed forces described in subsection (b) is otherwise entitled under [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section402&num=0&edition=prelim) by an amount (in this section referred to as the “supplemental subsistence allowance”) designed to remove the member’s household from eligibility for benefits under the supplemental nutrition assistance program. (2) The supplemental subsistence allowance may not exceed $1,100 per month. In establishing the amount of the supplemental subsistence allowance to be paid an eligible member under this paragraph, the Secretary shall take into consideration the amount of the basic allowance for housing that the member receives under [section 403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim) or would otherwise receive under such section, in the case of a member who is not entitled to that allowance as a result of assignment to quarters of the United States or a housing facility under the jurisdiction of a uniformed service. (3) In the case of a member described in subsection (b) who establishes to the satisfaction of the Secretary concerned that the allotment of the member’s household under the supplemental nutrition assistance program, calculated in the absence of the supplemental subsistence allowance, would exceed the amount established by the Secretary concerned under paragraph (2), the amount of the supplemental subsistence allowance for the member shall be equal to the lesser of the following: (A) The value of that allotment. (B) $1,100. **(b) Members Enti

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2013 — Establishment of supplemental nutrition

Page 1244 TITLE 7—AGRICULTURE § 2013 less health center considered reference to health cen- ter, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of Title 42, The Public Health and Welfare. § 2013. Establishment of supplemental nutrition assistance program (a) In general Subject to the availability of funds appro- priated under section 2027 of this title, the Sec- retary is authorized to formulate and admin- ister a supplemental nutrition assistance pro- gram under which, at the request of the State agency, eligible households within the State shall be provided an opportunity to obtain a more nutritious diet through the issuance to them of an allotment, except that a State may not participate in the supplemental nutrition assistance program if the Secretary determines that State or local sales taxes are collected within that State on purchases of food made with benefits issued under this chapter. The ben- efits so received by such households shall be used only to purchase food from retail food stores which have been approved for participa- tion in the supplemental nutrition assistance program. Benefits issued and used as provided in this chapter shall be redeemable at face value by the Secretary through the facilities of the Treasury of the United States. (b) Food distribution program on Indian reserva- tions (1) In general Distribution of commodities, with or with- out the supplemental nutrition assistance pro- gram, shall be made whenever a request for concurrent or separate food program oper- ations, respectively, is made by a tribal orga- nization. (2) Administration (A) In general Subject to subparagraphs (B) and (C), in the event of distribution on all or part of an Indian reservation, the appropriate agency

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