US (United States) Code. Title 7. Chapter 102: Emergency food assistance

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Agriculture

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-CITE-

7 USC CHAPTER 102 - EMERGENCY FOOD ASSISTANCE 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

.

-HEAD-

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-MISC1-

Sec.

7501. Definitions.

7502. Availability of CCC commodities.

(a) In general.

(b) Repealed.

(c) Additional commodities.

(d) Varieties of commodities.

(e) Report to Congress.

(f) Relation to other programs.

(g) Donations to emergency feeding organizations.

7503. State plan.

(a) In general.

(b) Requirements.

(c) State advisory board.

7504. Initial processing costs.

7505. Federal and State responsibilities.

(a) Federal responsibility; optional State priority.

(b) Distribution by State agencies; priority; rural

areas.

(c) Distribution to needy persons.

(d) Cooperative agreements with adjoining States.

7506. Assurances; anticipated use.

7507. State and local supplementation of commodities.

(a) Authorization.

(b) Use of funds and facilities.

(c) Volunteer workers.

7508. Authorization and appropriations.

7509. Relationship to other programs.

7510. Commodities not income.

7511. Prohibition against certain State charges.

7512. Regulations.

(a) Issuance.

(b) Minimization of regulatory requirements.

(c) Publication in Federal Register.

(d) Standards of liability for commodity losses.

(e) Final regulations.

7513. Finality of determinations.

7514. Incorporation of additional commodities.

(a) In general.

(b) Supplement commodities available.

7515. Allotment and delivery of commodities.

(a) Mandatory allotments.

(b) Reallocation.

(c) Administration.

(d) Maintenance of effort.

7516. Settlement and adjustment of claims.

(a) In general.

(b) Litigation.

-COD-

CODIFICATION

This chapter is comprised principally of title II (Sec. 201-215)

of Pub. L. 98-8, Mar. 24, 1983, 97 Stat. 35, as amended. Title II

of Pub. L. 98-8 was formerly set out as a note under section 612c

of this title. Section 203 of title II of Pub. L. 98-8, which

related to processing agreements, was repealed by Pub. L. 99-198,

title XV, Sec. 1567(c), Dec. 23, 1985, 99 Stat. 1592. Section 207

of title II of Pub. L. 98-8 amended section 4(c) of the Agriculture

and Consumer Protection Act of 1973, Pub. L. 93-86, set out as a

note under section 612c of this title. Section 209 of title II of

Pub. L. 98-8, which related to commodity supplemental food program

administrative expenses, was repealed by Pub. L. 99-198, title XV,

Sec. 1562(e)(1), Dec. 23, 1985, 99 Stat. 1590. Section 212 of title

II of Pub. L. 98-8, which provided for termination of title II of

Pub. L. 98-8 on Sept. 30, 2002, was repealed by Pub. L. 104-193,

title VIII, Sec. 871(e)(4), Aug. 22, 1996, 110 Stat. 2345.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 8 section 1615.

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7 USC Sec. 7501 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7501. Definitions

-STATUTE-

In this chapter:

(1) Additional commodities

The term ''additional commodities'' means commodities made

available under section 7515 of this title in addition to the

commodities made available under sections 7502 and 7507 of this

title.

(2) Average monthly number of unemployed persons

The term ''average monthly number of unemployed persons'' means

the average monthly number of unemployed persons in each State

during the most recent fiscal year for which information

concerning the number of unemployed persons is available, as

determined by the Bureau of Labor Statistics of the Department of

Labor.

(3) Eligible recipient agency

The term ''eligible recipient agency'' means a public or

nonprofit organization that -

(A) administers -

(i) an emergency feeding organization;

(ii) a charitable institution (including a hospital and a

retirement home, but excluding a penal institution) to the

extent that the institution serves needy persons;

(iii) a summer camp for children, or a child nutrition

program providing food service;

(iv) a nutrition project operating under the Older

Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a

project that operates a congregate nutrition site and a

project that provides home-delivered meals; or

(v) a disaster relief program;

(B) has been designated by the appropriate State agency, or

by the Secretary; and

(C) has been approved by the Secretary for participation in

the program established under this chapter.

(4) Emergency feeding organization

The term ''emergency feeding organization'' means a public or

nonprofit organization that administers activities and projects

(including the activities and projects of a charitable

institution, a food bank, a food pantry, a hunger relief center,

a soup kitchen, or a similar public or private nonprofit eligible

recipient agency) providing nutrition assistance to relieve

situations of emergency and distress through the provision of

food to needy persons, including low-income and unemployed

persons.

(5) Food bank

The term ''food bank'' means a public or charitable institution

that maintains an established operation involving the provision

of food or edible commodities, or the products of food or edible

commodities, to food pantries, soup kitchens, hunger relief

centers, or other food or feeding centers that, as an integral

part of their normal activities, provide meals or food to feed

needy persons on a regular basis.

(6) Food pantry

The term ''food pantry'' means a public or private nonprofit

organization that distributes food to low-income and unemployed

households, including food from sources other than the Department

of Agriculture, to relieve situations of emergency and distress.

(7) Poverty line

The term ''poverty line'' has the meaning provided in section

9902(2) of title 42.

(8) Soup kitchen

The term ''soup kitchen'' means a public or charitable

institution that, as an integral part of the normal activities of

the institution, maintains an established feeding operation to

provide food to needy homeless persons on a regular basis.

(9) Total value of additional commodities

The term ''total value of additional commodities'' means the

actual cost of all additional commodities that are paid by the

Secretary (including the distribution and processing costs

incurred by the Secretary).

(10) Value of additional commodities allocated to each State

The term ''value of additional commodities allocated to each

State'' means the actual cost of additional commodities allocated

to each State that are paid by the Secretary (including the

distribution and processing costs incurred by the Secretary).

-SOURCE-

(Pub. L. 98-8, title II, Sec. 201A, as added Pub. L. 98-92, Sec.

2(2), Sept. 2, 1983, 97 Stat. 608; amended Pub. L. 99-198, title

XV, Sec. 1563, Dec. 23, 1985, 99 Stat. 1590; Pub. L. 104-193, title

VIII, Sec. 871(a), Aug. 22, 1996, 110 Stat. 2343.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning the Emergency Food Assistance Act of 1983, title II

of Pub. L. 98-8, Mar. 24, 1983, 97 Stat. 35, as amended, which

enacted this chapter and amended provisions set out as a note under

section 612c of this title. For complete classification of this

Act to the Code, see Short Title note set out below and Tables.

The Older Americans Act of 1965, referred to in par. (3)(A)(iv),

is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is

classified generally to chapter 35 (Sec. 3001 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 3001 of

Title 42 and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-193 amended section generally, substituting

provisions containing an opening provision and pars. (1) to (10)

defining ''additional commodities'', ''average monthly number of

unemployed persons'', ''eligible recipient agency'', ''emergency

feeding organization'', ''food bank'', ''food pantry'', ''poverty

line'', ''soup kitchen'', ''total value of additional

commodities'', and ''value of additional commodities allocated to

each state'' for an opening provision and pars. (1) to (6) defining

''eligible recipient agencies''.

1985 - Par. (1). Pub. L. 99-198 inserted before semicolon at end

''(including the activities and projects of charitable

institutions, food banks, hunger centers, soup kitchens, and

similar public or private nonprofit eligible recipient agencies)

hereinafter in this chapter referred to as 'emergency feeding

organizations' ''.

EFFECTIVE DATE

Section 2 of Pub. L. 98-92 provided in part that the amendments

made by that section (enacting this section and sections 7504 to

7506 and 7513 of this title and amending sections 7502, 7508, 7509,

and 7512) are effective Oct. 1, 1983.

SHORT TITLE

Section 201 of title II of Pub. L. 98-8, as amended by Pub. L.

98-92, Sec. 2(1), Sept. 2, 1983, 97 Stat. 608; Pub. L. 101-624,

title XVII, Sec. 1772(a)(2), Nov. 28, 1990, 104 Stat. 3808,

provided that: ''This title (enacting this chapter and amending

provisions set out as a note under section 612c of this title) may

be cited as the 'Emergency Food Assistance Act of 1983', and is

hereinafter in this title referred to as 'this Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7514 of this title.

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7 USC Sec. 7502 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7502. Availability of CCC commodities

-STATUTE-

(a) In general

Notwithstanding any other provision of law, in order to

complement the domestic nutrition programs, make maximum use of the

Nation's agricultural abundance, and expand and improve the

domestic distribution of price-supported commodities, commodities

acquired by the Commodity Credit Corporation that the Secretary of

Agriculture (hereinafter referred to as the ''Secretary'')

determines, in his discretion, are in excess of quantities needed

to -

(1) carry out other domestic donation programs,

(2) meet other domestic obligations (including quantities

needed to carry out a payment-in-kind acreage diversion program),

(3) meet international market development and food aid

commitments, and

(4) carry out the farm price and income stabilization purposes

of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et

seq.), the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), and

the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et

seq.),

shall be made available by the Secretary, without charge or credit

for such commodities, for use by eligible recipient agencies for

food assistance.

(b) Repealed. Pub. L. 99-198, title XV, Sec. 1565(a)(2), Dec. 23,

1985, 99 Stat. 1591

(c) Additional commodities

In addition to any commodities described in subsection (a) of

this section, in carrying out this chapter, the Secretary may use

agricultural commodities and the products thereof made available

under clause (2) of the second sentence of section 612c of this

title.

(d) Varieties of commodities

Commodities made available under this chapter shall include a

variety of commodities and products thereof that are most useful to

eligible recipient agencies, including, but not be (FOOTNOTE 1)

limited to, dairy products, wheat or the products thereof, rice,

honey, and cornmeal.

(FOOTNOTE 1) So in original. The word ''be'' probably should

not appear.

(e) Report to Congress

Effective April 1, 1986, the Secretary shall submit semiannually

to the Committee on Agriculture of the House of Representatives and

the Committee on Agriculture, Nutrition, and Forestry of the Senate

a report on the types and amounts of commodities made available for

distribution under this chapter.

(f) Relation to other programs

Notwithstanding any other provision of law, the programs

authorized by section 713a-14 of title 15 and section 1163 of the

Food Security Act of 1985 shall not be operated in a manner that

will, in any way, reduce the quantities of dairy products that

traditionally are made available to carry out this chapter or any

other domestic feeding program.

(g) Donations to emergency feeding organizations

(1) Whenever commodities acquired by the Commodity Credit

Corporation are made available for donation to domestic food

programs in quantities that exceed Federal obligations, the

Secretary shall give equal consideration to making donations of

such commodities to emergency feeding organizations participating

in the program authorized by this chapter as is given to other

commodity recipient agencies, taking into account the types and

amounts of commodities available and appropriate for distribution

to these organizations.

(2) In determining the commodities that will be made available to

emergency feeding organizations under this chapter, the Secretary

may distribute commodities that become available on a seasonal or

irregular basis.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 202, Mar. 24, 1983, 97 Stat. 35; Pub.

L. 98-92, Sec. 2(3), (4), Sept. 2, 1983, 97 Stat. 609; Pub. L.

99-198, title XV, Sec. 1564(a), 1565(a), Dec. 23, 1985, 99 Stat.

1591; Pub. L. 100-77, title VIII, Sec. 811, July 22, 1987, 101

Stat. 536; Pub. L. 100-435, title I, Sec. 101, Sept. 19, 1988, 102

Stat. 1647; Pub. L. 101-624, title XVII, Sec. 1772(b), Nov. 28,

1990, 104 Stat. 3808.)

-REFTEXT-

REFERENCES IN TEXT

The Agricultural Adjustment Act of 1938, referred to in subsec.

(a)(4), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended,

which is classified principally to chapter 35 (Sec. 1281 et seq.)

of this title. For complete classification of this Act to the

Code, see section 1281 of this title and Tables.

The Agricultural Act of 1949, referred to in subsec. (a)(4), is

act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is

classified principally to chapter 35A (Sec. 1421 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1421 of this title and

Tables.

The Commodity Credit Corporation Charter Act, referred to in

subsec. (a)(4), is act June 29, 1948, ch. 704, 62 Stat. 1070, as

amended, which is classified generally to subchapter II (Sec. 714

et seq.) of chapter 15 of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 714 of Title 15 and Tables.

Section 1163 of the Food Security Act of 1985, referred to in

subsec. (f), is section 1163 of Pub. L. 99-198, which is set out as

a note under section 1731 of this title.

-MISC2-

AMENDMENTS

1990 - Subsec. (g). Pub. L. 101-624 added subsec. (g).

1988 - Subsec. (f). Pub. L. 100-435 added subsec. (f).

1987 - Subsec. (a). Pub. L. 100-77, Sec. 811(b), inserted subsec.

(a) designation.

Subsec. (d). Pub. L. 100-77, Sec. 811(a), inserted ''a variety of

commodities and products thereof that are most useful to eligible

recipient agencies, including'' after ''shall include''.

1985 - Pub. L. 99-198, Sec. 1565(a), struck out subsec. (a)

designation and struck out subsec. (b) which read as follows:

''Notwithstanding any other provision of law, if wheat stocks

acquired by the Commodity Credit Corporation are not available for

the purposes of this chapter, up to 300,000 metric tons of wheat

designated under section 1736f-1(b)(1) of this title may be used

for the purposes of this chapter. Any amount of wheat used from

the Food Security Wheat Reserve under this chapter shall be

replenished by an equivalent quantity of wheat under the provisions

of section 1736f-1(b) of this title as soon as practicable, but

before October 1, 1985.''

Subsecs. (c) to (e). Pub. L. 99-198, Sec. 1564(a), added subsecs.

(c) to (e).

1983 - Subsec. (a). Pub. L. 98-92, Sec. 2(3), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

''Notwithstanding any other provision of law, commodities acquired

by the Commodity Credit Corporation that are in excess of

quantities needed for the fiscal year to carry out a

payment-in-kind acreage diversion program, maintain U.S. share of

world markets, and meet international market development and food

aid commitments, shall be made available by the Secretary of

Agriculture (hereinafter in this chapter referred to as the

'Secretary') without charge or credit in such fiscal year for use

by eligible recipient agencies. Upon request, commodities provided

by the CCC shall be provided in a form suitable for individual

household or institutional use.''

Subsec. (b). Pub. L. 98-92, Sec. 2(4), substituted ''may be

used'' for ''shall be used'' and directed the substitution of

''October 1, 1985'' for ''December 1, 1983'', which was executed by

making the substitution for ''December 31, 1983'' to reflect the

probable intent of Congress.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-435 to be effective and implemented on

Sept. 19, 1988, see section 701(b)(1) of Pub. L. 100-435, set out

as a note under section 2012 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 2 of Pub. L. 98-92 provided in part that the amendment

made by that section is effective Oct. 1, 1983.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7501, 7514 of this title.

-CITE-

7 USC Sec. 7503 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7503. State plan

-STATUTE-

(a) In general

To receive commodities under this chapter, a State shall submit a

plan of operation and administration every 4 years to the Secretary

for approval. The plan may be amended at any time, with the

approval of the Secretary.

(b) Requirements

Each plan shall -

(1) designate the State agency responsible for distributing the

commodities received under this chapter;

(2) set forth a plan of operation and administration to

expeditiously distribute commodities under this chapter;

(3) set forth the standards of eligibility for recipient

agencies; and

(4) set forth the standards of eligibility for individual or

household recipients of commodities, which shall require -

(A) individuals or households to be comprised of needy

persons; and

(B) individual or household members to be residing in the

geographic location served by the distributing agency at the

time of applying for assistance.

(c) State advisory board

The Secretary shall encourage each State receiving commodities

under this chapter to establish a State advisory board consisting

of representatives of all entities in the State, both public and

private, interested in the distribution of commodities received

under this chapter.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 202A, as added Pub. L. 100-77, title

VIII, Sec. 812, July 22, 1987, 101 Stat. 537; amended Pub. L.

104-193, title VIII, Sec. 871(b), Aug. 22, 1996, 110 Stat. 2344.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-193 amended section generally, substituting

present provisions for provisions relating to availability of

flour, cornmeal, and cheese acquired by the Commodity Credit

Corporation.

-CITE-

7 USC Sec. 7504 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7504. Initial processing costs

-STATUTE-

The Secretary may use funds of the Commodity Credit Corporation

to pay costs of initial processing and packaging of commodities to

be distributed under the program established under this chapter

into forms, and in quantities, suitable, as determined by the

Secretary, for use in individual households when such commodities

are to be consumed by individual households or for institutional

use, as applicable. The Secretary may pay such costs in the form

of Corporation-owned commodities equal in value to such costs. The

Secretary shall ensure that any such payments in kind will not

displace commercial sales of such commodities.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 203A, as added Pub. L. 98-92, Sec.

2(5), Sept. 2, 1983, 97 Stat. 609; amended Pub. L. 99-198, title

XV, Sec. 1565(b), Dec. 23, 1985, 99 Stat. 1591.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-198 struck out '', except that wheat from the

Food Security Wheat Reserve may not be used to pay such costs''

after ''equal in value to such costs''.

EFFECTIVE DATE

Section 2 of Pub. L. 98-92 provided in part that this section is

effective Oct. 1, 1983.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7505, 7509 of this title.

-CITE-

7 USC Sec. 7505 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7505. Federal and State responsibilities

-STATUTE-

(a) Federal responsibility; optional State priority

The Secretary shall, as expeditiously as possible, provide the

commodities made available under this chapter in such quantities as

can be used without waste to State agencies designated by the

Governor or other appropriate State official for distribution to

eligible recipient agencies, except that the Secretary may provide

such commodities directly to eligible recipient agencies and to

private companies that process such commodities for eligible

recipient agencies under sections (FOOTNOTE 1) 7504 of this title.

Notwithstanding any other provision of this chapter, in the

distribution of commodities under this chapter, each State agency

shall have the option to give priority to existing food bank

networks and other organizations whose ongoing primary function is

to facilitate the distribution of food to low-income households,

including food from sources other than the Department of

Agriculture.

(FOOTNOTE 1) So in original. Probably should be ''section''.

(b) Distribution by State agencies; priority; rural areas

State agencies receiving commodities under this chapter shall, as

expeditiously as possible, distribute such commodities, in the

quantities requested (to the extent practicable), to eligible

recipient agencies within their respective States. However, if a

State agency cannot meet all requests for a particular commodity

under this chapter, the State agency shall give priority in the

distribution of such commodity to eligible recipient agencies

providing nutrition assistance to relieve situations of emergency

and distress through the provision of food to needy persons,

including low-income and unemployed persons. Each State agency

shall encourage distribution of such commodities in rural areas.

(c) Distribution to needy persons

Each State agency receiving commodities for individual household

use under this chapter shall distribute such commodities to

eligible recipient agencies in the State that serve needy persons,

and shall, with the approval of the Secretary, determine those

persons in the State that shall qualify as needy persons eligible

for such commodities.

(d) Cooperative agreements with adjoining States

Each State agency receiving commodities under this chapter may -

(1) enter into cooperative agreements with State agencies of

other States for joint provision of such commodities to an

emergency feeding organization that serves needy persons in a

single geographical area part of which is situated in each of

such States; or

(2) transfer such commodities to any such emergency feeding

organization in the other State under such agreement.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 203B, as added Pub. L. 98-92, Sec.

2(5), Sept. 2, 1983, 97 Stat. 610; amended Pub. L. 99-198, title

XV, Sec. 1568, Dec. 23, 1985, 99 Stat. 1592; Pub. L. 100-435, title

I, Sec. 105(c), Sept. 19, 1988, 102 Stat. 1651; Pub. L. 104-193,

title VIII, Sec. 871(e)(1), Aug. 22, 1996, 110 Stat. 2345.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-193 substituted ''203A'', which

was translated as ''section 7504 of this title'', for ''203 and

203A of this Act''.

1988 - Subsec. (a). Pub. L. 100-435 inserted at end

''Notwithstanding any other provision of this chapter, in the

distribution of commodities under this chapter, each State agency

shall have the option to give priority to existing food bank

networks and other organizations whose ongoing primary function is

to facilitate the distribution of food to low-income households,

including food from sources other than the Department of

Agriculture.''

1985 - Subsec. (b). Pub. L. 99-198, Sec. 1568(a), inserted at end

''Each State agency shall encourage distribution of such

commodities in rural areas.''

Subsec. (d). Pub. L. 99-198, Sec. 1568(b), added subsec. (d).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-435 to be effective and implemented on

Oct. 1, 1988, see section 701(a) of Pub. L. 100-435, set out as a

note under section 2012 of this title.

EFFECTIVE DATE

Section 2 of Pub. L. 98-92 provided in part that this section is

effective Oct. 1, 1983.

-CITE-

7 USC Sec. 7506 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7506. Assurances; anticipated use

-STATUTE-

(a) The Secretary shall take such precautions as the Secretary

deems necessary to assure that any eligible recipient agency

receiving commodities under this chapter will provide such

commodities to persons served by the eligible recipient agency and

will not diminish its normal expenditures for food by reason of the

receipt of such commodities. The Secretary shall also take such

precautions as the Secretary deems necessary to assure that

commodities made available under this chapter will not displace

commercial sales of such commodities or the products thereof. The

Secretary shall not make commodities available for donation in any

quantity or manner that the Secretary, in the Secretary's

discretion, determines may, substitute for the same or any other

agricultural produce that would otherwise be purchased in the

market.

(b) Commodities provided under this chapter shall be distributed

only in quantities that can be consumed without waste. No eligible

recipient agency may receive commodities under this chapter in

excess of anticipated use, based on inventory records and controls,

or in excess of its ability to accept and store such commodities.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 203C, as added Pub. L. 98-92, Sec.

2(5), Sept. 2, 1983, 97 Stat. 610; amended Pub. L. 99-198, title

XV, Sec. 1566, Dec. 23, 1985, 99 Stat. 1591; Pub. L. 104-66, title

I, Sec. 1011(k), Dec. 21, 1995, 109 Stat. 710.)

-MISC1-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-66 struck out at end ''The

Secretary shall submit to Congress each year a report as to whether

and to what extent such displacements or substitutions are

occurring.''

1985 - Subsec. (a). Pub. L. 99-198 inserted at end ''The

Secretary shall submit to Congress each year a report as to whether

and to what extent such displacements or substitutions are

occurring.''

EFFECTIVE DATE

Section 2 of Pub. L. 98-92 provided in part that this section is

effective Oct. 1, 1983.

-CITE-

7 USC Sec. 7507 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7507. State and local supplementation of commodities

-STATUTE-

(a) Authorization

The Secretary shall establish procedures under which State and

local agencies, charitable institutions, or any other persons may

supplement the commodities distributed under the program authorized

by this chapter for use by emergency feeding organizations with

nutritious and wholesome commodities that such entities or persons

donate to State agencies and emergency feeding organizations for

distribution, in all or part of the State, in addition to the

commodities otherwise made available under this chapter.

(b) Use of funds and facilities

States and emergency feeding organizations may use the funds

appropriated under this chapter and equipment, structures,

vehicles, and all other facilities involved in the storage,

handling, or distribution of commodities made available under this

chapter, and the personnel, both paid or volunteer, involved in

such storage, handling, or distribution, to store, handle or

distribute commodities donated for the use of emergency feeding

organizations under subsection (a) of this section.

(c) Volunteer workers

State and emergency feeding organizations shall continue, to the

maximum extent practicable, to use volunteer workers and

commodities and other foodstuffs donated by charitable and other

organizations in the operation of the program authorized by this

section.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 203D, as added Pub. L. 100-435, title

I, Sec. 102, Sept. 19, 1988, 102 Stat. 1647.)

-MISC1-

EFFECTIVE DATE

Section to be effective and implemented on Oct. 1, 1988, see

section 701(a) of Pub. L. 100-435, set out as an Effective Date of

1988 Amendment note under section 2012 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7501, 7514 of this title.

-CITE-

7 USC Sec. 7508 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7508. Authorization and appropriations

-STATUTE-

(a)(1) There are authorized to be appropriated $60,000,000 for

each of the fiscal years 2003 through 2007 for the Secretary to

make available to the States to pay for the direct and indirect

costs of the States related to the processing, storage,

transporting, and distributing to eligible recipient agencies of

commodities provided by the Secretary under this chapter and

commodities secured from other sources, including commodities

secured by gleaning (as defined in section 111(a) of the Hunger

Prevention Act of 1988 (7 U.S.C. 612c note; Public Law 100-435)).

Funds appropriated under this paragraph for any fiscal year shall

be allocated to the States on an advance basis, dividing such funds

among the States in the same proportions as the commodities

distributed under this chapter for such fiscal year are divided

among the States. If a State agency is unable to use all of the

funds so allocated to it, the Secretary shall reallocate such

unused funds among the other States.

(2) Each State shall make available to emergency feeding

organizations in the State not less than 40 per centum of the funds

provided as authorized in paragraph (1) that it has been allocated

for a fiscal year, as necessary to pay for, or provide advance

payments to cover, the direct expenses of the emergency feeding

organizations for distributing commodities to needy persons, but

only to the extent such expenses are actually so incurred by such

organizations. As used in this paragraph, the term ''direct

expenses'' includes costs of transporting, storing, handling,

repackaging, processing, and distributing commodities incurred

after they are received by the organization; costs associated with

determinations of eligibility, verification, and documentation;

costs of providing information to persons receiving commodities

under this chapter concerning the appropriate storage and

preparation of such commodities; costs involved in publishing

announcements of times and locations of distribution; and costs of

recordkeeping, auditing, and other administrative procedures

required for participation in the program under this chapter. If a

State makes a payment, using State funds, to cover direct expenses

of emergency feeding organizations, the amount of such payment

shall be counted toward the amount a State must make available for

direct expenses of emergency feeding organizations under this

paragraph.

(3) States to which funds are allocated for a fiscal year under

this subsection shall submit financial reports to the Secretary, on

a regular basis, as to the use of such funds. No such funds may be

used by States or emergency feeding organizations for costs other

than those involved in covering the expenses related to the

distribution of commodities by emergency feeding organizations.

(4)(A) Except as provided in subparagraph (B), effective January

1, 1987, to be eligible to receive funds under this subsection, a

State shall provide in cash or in kind (according to procedures

approved by the Secretary for certifying these in-kind

contributions) from non-Federal sources a contribution equal to the

difference between -

(i) the amount of such funds so received; and

(ii) any part of the amount allocated to the State and paid by

the State -

(I) to emergency feeding organizations; or

(II) for the direct expenses of such organizations;

for use in carrying out this chapter.

(B)(i) Except as provided in clause (ii), subparagraph (A) shall

apply to States beginning on January 1, 1987.

(ii) If the legislature of a State does not convene in regular

session before January 1, 1987, paragraph (1) shall apply to such

State beginning on October 1, 1987.

(C) Funds allocated to a State under this section may, upon State

request, be allocated before States satisfy the matching

requirement specified in subparagraph (A), based on the estimated

contribution required. The Secretary shall periodically reconcile

estimated and actual contributions and adjust allocations to the

State to correct for overpayments and underpayments.

(5) States may not charge for commodities made available to

emergency feeding organizations, and may not pass on to such

organizations the cost of any matching requirements, under this

chapter.

(b) The value of the commodities made available under this

chapter and the funds of the Corporation used to pay the costs of

initial processing, packaging (including forms suitable for home

use), and delivering commodities to the States shall not be charged

against appropriations made or authorized under this section.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 204, Mar. 24, 1983, 97 Stat. 35; Pub.

L. 98-92, Sec. 2(6), Sept. 2, 1983, 97 Stat. 610; Pub. L. 99-198,

title XV, Sec. 1569, Dec. 23, 1985, 99 Stat. 1592; Pub. L. 100-77,

title VIII, Sec. 813, July 22, 1987, 101 Stat. 537; Pub. L.

100-435, title I, Sec. 103(a)-(c), 105(a), Sept. 19, 1988, 102

Stat. 1647, 1650; Pub. L. 101-624, title XVII, Sec. 1772(c), (d),

Nov. 28, 1990, 104 Stat. 3808, 3809; Pub. L. 104-127, title IV,

Sec. 403(a), Apr. 4, 1996, 110 Stat. 1029; Pub. L. 104-193, title

VIII, Sec. 871(c), (e)(2), Aug. 22, 1996, 110 Stat. 2345; Pub. L.

107-171, title IV, Sec. 4204, May 13, 2002, 116 Stat. 330.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-171, in first sentence,

substituted ''$60,000,000'' for ''$50,000,000'' and ''2003 through

2007'' for ''1991 through 2002'', struck out ''administrative''

before ''costs of the States'', and inserted ''storage,'' after

''processing,'' and '', including commodities secured by gleaning

(as defined in section 111(a) of the Hunger Prevention Act of 1988

(7 U.S.C. 612c note; Public Law 100-435))'' after ''sources''.

1996 - Subsec. (a). Pub. L. 104-193, Sec. 871(e)(2), made

technical amendment to reference in original act which appears in

text as reference to ''this chapter'' in second sentence of par.

(1), in second sentence of par. (2) immediately before concluding

period, and in concluding provisions of par. (4)(A).

Subsec. (a)(1). Pub. L. 104-193, Sec. 871(c), in first sentence,

substituted ''to pay for the direct and indirect administrative

costs of the States related to the processing, transporting, and

distributing to eligible recipient agencies of commodities provided

by the Secretary under this chapter and commodities secured from

other sources'' for ''for State and local payments for costs

associated with the distribution of commodities by emergency

feeding organizations under this chapter'' and struck out at end

''States may also use funds provided under this paragraph to pay

for the costs associated with the distribution of commodities under

the program authorized under section 110 of the Hunger Prevention

Act of 1988 (section 110 of Pub. L. 100-435, set out above), and to

pay for the costs associated with the distribution of additional

commodities provided pursuant to section 7515 of this title''.

Pub. L. 104-127 substituted ''2002'' for ''1995'' in first

sentence.

1990 - Subsec. (a). Pub. L. 101-624, Sec. 1772(c)(1), (2),

redesignated subsec. (c) as (a) and struck out former subsec. (a)

which read as follows: ''There is appropriated for the period

ending September 30, 1983, $50,000,000 for the Secretary to make

available to the States for storage and distribution costs, of

which not less than $10,000,000 shall be made available for paying

the actual costs incurred by charitable institutions, food banks,

hunger centers, soup kitchens, and similar nonprofit organizations

providing nutrition assistance to relieve situations of emergency

and distress through the provision of food to needy persons,

including low-income and unemployed persons, provided that in no

case shall such payments exceed five per centum of the value of

commodities distributed by any such agency.''

Subsec. (a)(1). Pub. L. 101-624, Sec. 1772(c)(3), substituted

''1991 through 1995'' for ''ending September 30, 1986, through

September 30, 1990,''.

Subsec. (a)(2). Pub. L. 101-624, Sec. 1772(d), inserted

''repackaging, processing,'' after ''handling,'' in second

sentence.

Subsec. (b). Pub. L. 101-624, Sec. 1772(c)(1), (2), redesignated

subsec. (d) as (b) and struck out former subsec. (b) which read as

follows: ''There are hereby authorized to be appropriated

$50,000,000 for each of the fiscal years ending September 30, 1984,

and September 30, 1985, for the Secretary to make available to the

States for storage and distribution costs of which not less than

twenty per centum of the amount appropriated under this subsection

in any fiscal year shall be made available for paying or providing

advance payments to cover the actual costs incurred by charitable

institutions, food banks, hunger centers, soup kitchens, and

similar nonprofit eligible recipient agencies providing nutrition

assistance to relieve situations of emergency and distress through

the provision of food to needy persons, including low-income and

unemployed persons: Provided, That in no case shall such payments

exceed five per centum of the value of commodities distributed by

any such agency.''

Subsecs. (c), (d). Pub. L. 101-624, Sec. 1772(c)(2), redesignated

subsecs. (c) and (d) as (a) and (b), respectively.

1988 - Subsec. (c)(1). Pub. L. 100-435, Sec. 105(a), inserted at

end ''States may also use funds provided under this paragraph to

pay for the costs associated with the distribution of commodities

under the program authorized under section 110 of the Hunger

Prevention Act of 1988, and to pay for the costs associated with

the distribution of additional commodities provided pursuant to

section 7515 of this title.''

Pub. L. 100-435, Sec. 103(a), substituted ''through September 30,

1990'' for ''through September 30, 1988'' in first sentence.

Subsec. (c)(2). Pub. L. 100-435, Sec. 103(b), (c), in first

sentence, substituted ''40'' for ''20'' and, in second sentence,

inserted ''costs of providing information to persons receiving

commodities under this chapter concerning the appropriate storage

and preparation of such commodities;'' after ''documentation;''.

1987 - Subsec. (c)(1). Pub. L. 100-77 substituted ''through

September 30, 1988'' for ''and September 30, 1987'' in first

sentence.

1985 - Subsecs. (c), (d). Pub. L. 99-198 added subsec. (c) and

redesignated former subsec. (c) as (d).

1983 - Subsecs. (b), (c). Pub. L. 98-92 added subsec. (b),

designated former last sentence of subsec. (a) as (c), and

substituted therein ''appropriations made or authorized under this

section'' for ''this appropriation''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-171 effective Oct. 1, 2002, except as

otherwise provided, see section 4405 of Pub. L. 107-171, set out as

an Effective Date note under section 1161 of Title 2, The Congress.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 1772(c) of Pub. L. 101-624 effective Oct. 1,

1990, and amendment by section 1772(d) of Pub. L. 101-624 effective

Nov. 28, 1990, see section 1781(b)(1), (2) of Pub. L. 101-624, set

out as a note under section 2012 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 103(a)-(c) of Pub. L. 100-435 to be

effective and implemented on Sept. 19, 1988, and amendment by

section 105(a) of Pub. L. 100-435 to be effective and implemented

on Oct. 1, 1988, see section 701(a), (b)(1) of Pub. L. 100-435, set

out as a note under section 2012 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 2 of Pub. L. 98-92 provided in part that the amendment

made by that section is effective Oct. 1, 1983.

-CITE-

7 USC Sec. 7509 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7509. Relationship to other programs

-STATUTE-

(a) Section 2013(b) of this title shall not apply with respect to

the distribution of commodities under this chapter.

(b) Except as otherwise provided in section 7504 of this title,

none of the commodities distributed under this chapter shall be

sold or otherwise disposed of in commercial channels in any form.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 205, Mar. 24, 1983, 97 Stat. 36; Pub.

L. 98-92, Sec. 2(7), Sept. 2, 1983, 97 Stat. 611.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-92 substituted ''Relationship to other

programs'' for ''Relationships to food stamps'' in section

catchline, designated existing provisions as subsec. (a), and added

subsec. (b).

EFFECTIVE DATE OF 1983 AMENDMENT

Section 2 of Pub. L. 98-92 provided in part that the amendment

made by that section is effective Oct. 1, 1983.

-CITE-

7 USC Sec. 7510 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7510. Commodities not income

-STATUTE-

Notwithstanding any other provision of law, commodities

distributed under this chapter shall not be considered income or

resources for any purposes under any Federal, State, or local law.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 206, Mar. 24, 1983, 97 Stat. 36.)

-CITE-

7 USC Sec. 7511 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7511. Prohibition against certain State charges

-STATUTE-

Whenever a commodity is made available without charge or credit

under any nutrition program administered by the Secretary for

distribution within the States to eligible recipient agencies, the

State may not charge recipient agencies any amount that is in

excess of the State's direct costs of storing and transporting the

commodities to recipient agencies minus any amount the Secretary

provides the State for the costs of storing and transporting such

commodities.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 208, Mar. 24, 1983, 97 Stat. 36.)

-CITE-

7 USC Sec. 7512 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7512. Regulations

-STATUTE-

(a) Issuance

The Secretary shall issue regulations within 30 days to implement

this chapter.

(b) Minimization of regulatory requirements

In administering this chapter, the Secretary shall minimize, to

the maximum extent practicable, the regulatory, recordkeeping, and

paperwork requirements imposed on eligible recipient agencies.

(c) Publication in Federal Register

(1) The Secretary shall as early as feasible but not later than

the beginning of each fiscal year, publish in the Federal Register

an estimate of the types and quantities of commodities that the

Secretary anticipates are likely to be made available under the

commodity distribution program under this chapter during the fiscal

year.

(2) The actual types and quantities of commodities made available

by the Secretary under this chapter may differ from the estimates

made under paragraph (1).

(d) Standards of liability for commodity losses

The regulations issued by the Secretary under this section shall

include provisions that set standards with respect to liability for

commodity losses under the program under this chapter in situations

in which there is no evidence of negligence or fraud, and

conditions for payment to cover such losses. Such provisions shall

take into consideration the special needs and circumstances of

emergency feeding organizations (FOOTNOTE 1)

(FOOTNOTE 1) So in original.

(e) Final regulations

The Secretary is authorized to issue final regulations without

first issuing proposed regulations for public comment in order to

carry out the provisions of sections 7514 and 7515 of this title.

If final regulations are issued without such prior public comment

the Secretary shall permit public comment on such regulations,

consider pertinent comments, and make modifications of such

regulations as appropriate not later than 1 year after September

19, 1988. Such final and modified regulations shall be accompanied

by a statement of the basis and purpose for such regulations.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 210, Mar. 24, 1983, 97 Stat. 36; Pub.

L. 98-92, Sec. 2(9), Sept. 2, 1983, 97 Stat. 611; Pub. L. 99-198,

title XV, Sec. 1570, Dec. 23, 1985, 99 Stat. 1594; Pub. L. 100-77,

title VIII, Sec. 814(b), July 22, 1987, 101 Stat. 538; Pub. L.

100-435, title I, Sec. 103(d), 105(b), Sept. 19, 1988, 102 Stat.

1648, 1651; Pub. L. 101-624, title XVII, Sec. 1772(e), Nov. 28,

1990, 104 Stat. 3809; Pub. L. 104-193, title VIII, Sec. 871(e)(3),

Aug. 22, 1996, 110 Stat. 2345.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-193 struck out ''(except as

otherwise provided for in section 7515(j) of this title)'' before

''for public comment'' in first sentence.

1990 - Subsec. (c). Pub. L. 101-624 added subsec. (c) and struck

out former subsec. (c) which contained provisions similar to the

current provisions for specific fiscal years.

1988 - Subsec. (c). Pub. L. 100-435, Sec. 103(d), substituted

''each of the fiscal years 1989 and 1990'' for ''the fiscal year

ending September 30, 1988''.

Subsec. (e). Pub. L. 100-435, Sec. 105(b), added subsec. (e).

1987 - Subsec. (c). Pub. L. 100-77 substituted provisions

relating to period ending on date specified in former section 212

of Pub. L. 98-8 for provisions relating to period beginning October

1, 1983 and ending September 30, 1987, and substituted ''fiscal

year ending September 30, 1988'' for ''fiscal year ending September

30, 1987''.

1985 - Subsec. (c). Pub. L. 99-198, Sec. 1570(1), substituted

''the period beginning October 1, 1983, and ending September 30,

1987'' for ''the fiscal years ending September 30, 1984, and

September 30, 1985'', ''as early as feasible but not later than the

beginning of the fiscal year ending September 30, 1987'' for

''prior to the beginning of the fiscal year ending September 30,

1985'', and ''such fiscal year'' for ''second twelve months''.

Subsec. (d). Pub. L. 99-198, Sec. 1570(2), added subsec. (d).

1983-Pub. L. 98-92 designated existing provisions as subsec. (a)

and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-624 effective and implemented first day

of month beginning 120 days after publication of implementing

regulations to be promulgated not later than Oct. 1, 1991, see

section 1781(a) of Pub. L. 101-624, set out as a note under section

2012 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 103(d) of Pub. L. 100-435 to be effective

and implemented on Sept. 19, 1988, and amendment by section 105(b)

of Pub. L. 100-435 to be effective and implemented on Oct. 1, 1988,

see section 701(a), (b)(1) of Pub. L. 100-435, set out as a note

under section 2012 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 2 of Pub. L. 98-92 provided in part that the amendment

made by that section is effective Oct. 1, 1983.

-CITE-

7 USC Sec. 7513 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7513. Finality of determinations

-STATUTE-

Determinations made by the Secretary of Agriculture under this

chapter and the facts constituting the basis for any donation of

commodities under this chapter, or the amount thereof, when

officially determined in conformity with the applicable regulations

prescribed by the Secretary, shall be final and conclusive and

shall not be reviewable by any other officer or agency of the

Government.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 211, as added Pub. L. 98-92, Sec.

2(10), Sept. 2, 1983, 97 Stat. 612.)

-MISC1-

EFFECTIVE DATE

Section 2 of Pub. L. 98-92 provided in part that this section is

effective Oct. 1, 1983.

-CITE-

7 USC Sec. 7514 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7514. Incorporation of additional commodities

-STATUTE-

(a) In general

The Secretary shall administer the program authorized under this

chapter in a manner that incorporates into the program additional

commodities purchased by the Secretary under section 7515 of this

title to be distributed to States for use in such States by

emergency feeding organizations, as defined in section 7501(1)

(FOOTNOTE 1) of this title. Such additional commodities, to the

extent practicable and appropriate, shall include commodities

purchased within a given State for distribution within such State.

(FOOTNOTE 1) See References in Text note below.

(b) Supplement commodities available

The Secretary shall supplement the commodities made available to

emergency feeding organizations under sections 7502 and 7507(a) of

this title with nutritious and useful commodities purchased by the

Secretary under section 7515 of this title.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 213, as added Pub. L. 100-435, title

I, Sec. 104, Sept. 19, 1988, 102 Stat. 1648.)

-REFTEXT-

REFERENCES IN TEXT

Section 7501 of this title, referred to in subsec. (a), was

subsequently amended, and section 7501(1) no longer defines the

term ''emergency feeding organization''. However, such term is

defined elsewhere in that section.

-MISC2-

EFFECTIVE DATE

Section to be effective and implemented on Oct. 1, 1988, see

section 701(a) of Pub. L. 100-435, set out as an Effective Date of

1988 Amendment note under section 2012 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7512 of this title.

-CITE-

7 USC Sec. 7515 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7515. Allotment and delivery of commodities

-STATUTE-

(a) Mandatory allotments

In each fiscal year, the Secretary shall allot -

(1) 60 percent of the total value of additional commodities

provided to States in a manner such that the value of additional

commodities allocated to each State bears the same ratio to 60

percent of the total value of additional commodities as the

number of persons in households within the State having incomes

below the poverty line bears to the total number of persons in

households within all States having incomes below such poverty

line, and each State shall be entitled to receive such value of

additional commodities; and

(2) 40 percent of the total value of additional commodities

provided to States in a manner such that the value of additional

commodities allocated to each State bears the same ratio to 40

percent of the total value of additional commodities as the

average monthly number of unemployed persons within the State

bears to the average monthly number of unemployed persons within

all States during the same fiscal year, and each State shall be

entitled to receive such value of additional commodities.

(b) Reallocation

The Secretary shall notify each State of the amount of the

additional commodities that such State is allotted to receive under

subsection (a) of this section, and each State shall promptly

notify the Secretary if such State determines that it will not

accept any or all of the commodities made available under such

allocation. On such a notification by a State, the Secretary shall

reallocate and distribute the amount the State was allocated to

receive under the formula prescribed in subsection (a) of this

section but declined to accept. The Secretary shall further

establish procedures to permit States to decline to receive

portions of such allocation during each fiscal year as the State

determines is appropriate and the Secretary shall reallocate and

distribute such allocation. In the event of any drought, flood,

hurricane, or other natural disaster affecting substantial numbers

of persons in a State, county or parish, the Secretary may request

that States unaffected by such a disaster consider assisting

affected States by allowing the Secretary to reallocate commodities

to which each such unaffected State is entitled to States

containing areas adversely affected by the disaster.

(c) Administration

(1) In general

Commodities made available for each fiscal year under this

section shall be delivered at reasonable intervals to States

based on the grants calculated under subsection (a) of this

section, or reallocated under subsection (b) of this section,

before December 31 of the following fiscal year.

(2) Entitlement

Each State shall be entitled to receive the value of additional

commodities determined under subsection (a) of this section.

(d) Maintenance of effort

If a State uses its own funds to provide commodities or services

to organizations receiving funds or services under this section,

such State shall not diminish the level of support it provides to

such organizations.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 214, as added Pub. L. 100-435, title

I, Sec. 104, Sept. 19, 1988, 102 Stat. 1648; amended Pub. L.

101-624, title XVII, Sec. 1772(g), (h)(1), Nov. 28, 1990, 104 Stat.

3809; Pub. L. 104-127, title IV, Sec. 403(c), Apr. 4, 1996, 110

Stat. 1029; Pub. L. 104-193, title VIII, Sec. 871(d), Aug. 22,

1996, 110 Stat. 2345.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-193, Sec. 871(d)(1), (2),

redesignated subsec. (f) as (a) and struck out former subsec. (a)

which provided for purpose of section.

Pub. L. 104-127, Sec. 403(c)(1), substituted ''2002'' for

''1995''.

Subsec. (b). Pub. L. 104-193, Sec. 871(d)(1)-(3), redesignated

subsec. (g) as (b), substituted ''subsection (a) of this section,''

for ''subsection (f) of this section or subsection (j) of this

section if applicable,'' and ''subsection (a) of this section'' for

''subsection (f) of this section'', and struck out former subsec.

(b) which provided definitions for section.

Subsec. (c). Pub. L. 104-193, Sec. 871(d)(4), added subsec. (c)

and struck out heading and text of former subsec. (c). Text read as

follows: ''Subject to subsections (e) and (f) of this section, or

subsection (j) of this section if applicable, purchases under this

section shall be made by the Secretary at such times and under such

conditions as the Secretary determines appropriate within each

fiscal year. All such commodities purchased for each such fiscal

year shall be delivered at reasonable intervals to States based on

the allotments calculated under subsection (f) of this section, or

reallocated under subsection (g) of this section, or calculated

under subsection (j) of this section if applicable, before the end

of such fiscal year. Each State shall be entitled to receive that

value of additional commodities that results from the application

of the formula set forth in this section to the total value of

additional commodities.''

Pub. L. 104-193, Sec. 871(d)(1), (2), redesignated subsec. (h) as

(c) and struck out former subsec. (c) which authorized Secretary to

purchase additional commodities to supplement commodities otherwise

provided under program authorized by this chapter.

Subsec. (d). Pub. L. 104-193, Sec. 871(d)(5), struck out ''or

reduce the amount of funds available for other nutrition programs

in the State in each fiscal year'' after ''such organizations''.

Pub. L. 104-193, Sec. 871(d)(1), (2), redesignated subsec. (i) as

(d) and struck out former subsec. (d) which provided for types and

varieties of commodities which could be purchased under this

section.

Subsec. (e). Pub. L. 104-193, Sec. 871(d)(1), struck out subsec.

(e) which appropriated amounts through fiscal year 2002 for

purchase of additional commodities under this section.

Pub. L. 104-127, Sec. 403(c)(2), substituted ''2002'' for

''1995'' in two places.

Subsecs. (f) to (i). Pub. L. 104-193, Sec. 871(d)(2),

redesignated subsecs. (f) to (i) as (a) to (d), respectively.

Subsec. (j). Pub. L. 104-193, Sec. 871(d)(1), struck out subsec.

(j) which authorized Secretary to promulgate new formula for

allocation of additional commodities to States.

1990 - Subsec. (a). Pub. L. 101-624, Sec. 1772(g)(1), substituted

''fiscal years 1991 through 1995'' for ''fiscal years 1989 and

1990''.

Subsec. (e). Pub. L. 101-624, Sec. 1772(g)(2), added subsec. (e)

and struck out heading and text of former subsec. (e). Text read as

follows: ''During each of the fiscal years 1989 and 1990, the

Secretary shall spend $120,000,000 to purchase, process, and

distribute additional commodities under this section.''

Subsec. (k). Pub. L. 101-624, Sec. 1772(h)(1), struck out heading

and text of subsec. (k). Text read as follows: ''There are

authorized to be appropriated such sums as may be necessary to

carry out this section.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 871(h) of Pub. L. 104-193 provided that: ''The amendments

made by subsection (d) (amending this section) shall become

effective on October 1, 1996.''

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 1772(g) of Pub. L. 101-624 effective Oct. 1,

1990, and amendment by section 1772(h)(1) of Pub. L. 101-624

effective Nov. 28, 1990, see section 1781(b)(1), (2) of Pub. L.

101-624, set out as a note under section 2012 of this title.

EFFECTIVE DATE

Section to be effective and implemented on Oct. 1, 1988, see

section 701(a) of Pub. L. 100-435, set out as an Effective Date of

1988 Amendment note under section 2012 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2036, 7501, 7512, 7514 of

this title.

-CITE-

7 USC Sec. 7516 01/06/03

-EXPCITE-

TITLE 7 - AGRICULTURE

CHAPTER 102 - EMERGENCY FOOD ASSISTANCE

-HEAD-

Sec. 7516. Settlement and adjustment of claims

-STATUTE-

(a) In general

The Secretary or a designee of the Secretary shall have the

authority to -

(1) determine the amount of, settle, and adjust any claim

arising under this chapter; and

(2) waive such a claim if the Secretary determines that to do

so will serve the purposes of this chapter.

(b) Litigation

Nothing contained in this section shall be construed to diminish

the authority of the Attorney General of the United States under

section 516 of title 28 to conduct litigation on behalf of the

United States.

-SOURCE-

(Pub. L. 98-8, title II, Sec. 215, as added Pub. L. 102-237, title

IX, Sec. 922(b), Dec. 13, 1991, 105 Stat. 1888.)

-MISC1-

EFFECTIVE DATE

Section effective and to be implemented no later than Feb. 1,

1992, see section 1101(d)(1) of Pub. L. 102-237, set out as an

Effective Date of 1991 Amendment note under section 1421 of this

title.

-CITE-