CHAPTER 102—EMERGENCY
FOOD ASSISTANCE
7502.
Availability of CCC
commodities.
7504.
Initial processing
costs.
7505.
Federal and State
responsibilities.
7506.
Assurances; anticipated
use.
7507.
State and local
supplementation of
commodities.
7508.
Authorization and
appropriations.
7509.
Relationship to other
programs.
7510.
Commodities not income.
7511.
Prohibition against
certain State charges.
7511a.
Emergency food program
infrastructure grants.
7513.
Finality of
determinations.
7514.
Incorporation of
additional commodities.
7515.
Allotment and delivery
of commodities.
7516.
Settlement and
adjustment of claims.
7517.
Hunger-free communities.
Codification
This chapter is comprised principally of title II (§§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to processing agreements, was repealed by Pub.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,
§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 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2002, was repealed by Pub.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, §871(e)(4), Aug. 22, 1996, 110
Stat. 2345.
§7501. Definitions
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).
(Pub. L. 98–8, title
II, §201A, as added Pub.
L. 98–92, §2(2), Sept.
2, 1983, 97
Stat. 608; amended Pub.
L. 99–198, title XV,
§1563, Dec. 23, 1985, 99
Stat. 1590; Pub.
L. 104–193, title
VIII, §871(a), Aug. 22, 1996, 110
Stat. 2343.)
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 (§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.
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
Pub. L. 98–92, §2,
Sept. 2, 1983, 97
Stat. 608, provided in part that the amendments made by
section 2 are effective Oct. 1, 1983.
Short Title
Pub. L. 98–8, title
II, §201, Mar. 24, 1983, 97
Stat. 35, as amended by Pub.
L. 98–92, §2(1), Sept.
2, 1983, 97
Stat. 608; Pub.
L. 101–624, title
XVII, §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’.”
§7502. Availability of CCC commodities
(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,
§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 ofsection
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 1 limited
to, dairy products, wheat or the products thereof, rice, honey, and
cornmeal.
(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.
(Pub. L. 98–8, title
II, §202, Mar. 24, 1983, 97
Stat. 35; Pub.
L. 98–92, §2(3), (4),
Sept. 2, 1983, 97
Stat. 609; Pub.
L. 99–198, title XV,
§§1564(a), 1565(a), Dec. 23, 1985, 99
Stat. 1591; Pub.
L. 100–77, title VIII,
§811, July 22, 1987, 101
Stat. 536; Pub.
L. 100–435, title I,
§101, Sept. 19, 1988, 102
Stat. 1647; Pub.
L. 101–624, title
XVII, §1772(b), Nov. 28, 1990, 104
Stat. 3808.)
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 (§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 (§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 (§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.
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, §811(b),
inserted subsec. (a) designation.
Subsec. (d). Pub.
L. 100–77, §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, §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, §1564(a),
added subsecs. (c) to (e).
1983—Subsec. (a). Pub.
L. 98–92, §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, §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
Pub. L. 98–92, §2,
Sept. 2, 1983, 97
Stat. 608, provided in part that the amendment made by
section 2 is effective Oct. 1, 1983.
§7503. State plan
(a) Plans
(1) In general
To receive commodities under this chapter, a State shall submit to the
Secretary an operation and administration plan for the provision of
benefits under this chapter.
(2) Updates
A State shall submit to the Secretary for approval any amendment to a
plan submitted under paragraph (1) in any case in which the State
proposes to make a change to the operation or administration of a
program described in the plan.
(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.
(Pub. L. 98–8, title
II, §202A, as added Pub.
L. 100–77, title VIII,
§812, July 22, 1987, 101
Stat. 537; amended Pub.
L. 104–193, title
VIII, §871(b), Aug. 22, 1996, 110
Stat. 2344; Pub.
L. 110–234, title IV,
§4201(b), May 22, 2008, 122
Stat. 1121; Pub.
L. 110–246, §4(a),
title IV, §4201(b), June 18, 2008, 122
Stat. 1664, 1882.)
Codification
Pub. L. 110–234 and Pub.
L. 110–246 made
identical amendments to this section. The amendments by Pub.
L. 110–234 were
repealed by section 4(a) of Pub.
L. 110–246.
Amendments
2008—Subsec. (a). Pub.
L. 110–246, §4201(b),
added subsec. (a) and struck out former subsec. (a). Prior to amendment,
text read as follows: “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.”
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.
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub.
L. 110–234 by Pub.
L. 110–246 effective
May 22, 2008, the date of enactment of Pub.
L. 110–234, except as
otherwise provided, see section 4 of Pub.
L. 110–246, set out as
an Effective Date note under section
8701 of this title.
Amendment by section 4201(b) of Pub.
L. 110–246 effective
Oct. 1, 2008, see section 4407 of Pub.
L. 110–246,set out as a note under section
1161 of Title 2, The Congress.
§7504. Initial processing costs
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.
(Pub. L. 98–8, title
II, §203A, as added Pub.
L. 98–92, §2(5), Sept.
2, 1983, 97
Stat. 609; amended Pub.
L. 99–198, title XV,
§1565(b), Dec. 23, 1985, 99
Stat. 1591.)
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
Pub. L. 98–92, §2,
Sept. 2, 1983, 97
Stat. 608, provided in part that this section is
effective Oct. 1, 1983.
§7505. Federal and State responsibilities
(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 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.
(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.
(Pub. L. 98–8, title
II, §203B, as added Pub.
L. 98–92, §2(5), Sept.
2, 1983, 97
Stat. 610; amended Pub.
L. 99–198, title XV,
§1568, Dec. 23, 1985, 99
Stat. 1592; Pub.
L. 100–435, title I,
§105(c), Sept. 19, 1988, 102
Stat. 1651; Pub.
L. 104–193, title
VIII, §871(e)(1), Aug. 22, 1996, 110
Stat. 2345.)
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, §1568(a),
inserted at end “Each State agency shall encourage distribution of such
commodities in rural areas.”
Subsec. (d). Pub.
L. 99–198, §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
Pub. L. 98–92, §2,
Sept. 2, 1983, 97
Stat. 608, provided in part that this section is
effective Oct. 1, 1983.
§7506. Assurances; anticipated use
(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.
(Pub. L. 98–8, title
II, §203C, as added Pub.
L. 98–92, §2(5), Sept.
2, 1983, 97
Stat. 610; amended Pub.
L. 99–198, title XV,
§1566, Dec. 23, 1985, 99
Stat. 1591; Pub.
L. 104–66, title I,
§1011(k), Dec. 21, 1995, 109
Stat. 710.)
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
Pub. L. 98–92, §2,
Sept. 2, 1983, 97
Stat. 608, provided in part that this section is
effective Oct. 1, 1983.
§7507. State and local supplementation of commodities
(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.
(Pub. L. 98–8, title
II, §203D, as added Pub.
L. 100–435, title I,
§102, Sept. 19, 1988, 102
Stat. 1647.)
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.
§7508. Authorization and appropriations
(a)(1) There are authorized to be appropriated $100,000,000 for fiscal
year 2008 and each fiscal year thereafter 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)) and donated wild game. 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.
(Pub. L. 98–8, title
II, §204, Mar. 24, 1983, 97
Stat. 35; Pub.
L. 98–92, §2(6), Sept.
2, 1983, 97
Stat. 610; Pub.
L. 99–198, title XV,
§1569, Dec. 23, 1985, 99
Stat. 1592; Pub.
L. 100–77, title VIII,
§813, July 22, 1987, 101
Stat. 537; Pub.
L. 100–435, title I,
§§103(a)–(c), 105(a), Sept. 19, 1988, 102
Stat. 1647, 1650; Pub.
L. 101–624, title
XVII, §1772(c), (d), Nov. 28, 1990, 104
Stat. 3808, 3809; Pub.
L. 104–127, title IV,
§403(a), Apr. 4, 1996, 110
Stat. 1029; Pub.
L. 104–193,title VIII, §871(c), (e)(2), Aug. 22, 1996, 110
Stat. 2345; Pub.
L. 107–171, title IV,
§4204, May 13, 2002, 116
Stat. 330;Pub.
L. 110–234, title IV,
§§4201(c), 4406(b)(1), May 22, 2008, 122
Stat. 1121, 1141; Pub.
L. 110–246, §4(a),
title IV, §§4201(c), 4406(b)(1), June 18, 2008, 122
Stat. 1664, 1882, 1902.)
Codification
Pub. L. 110–234 and Pub.
L. 110–246 made
identical amendments to this section. The amendments by Pub.
L. 110–234 were
repealed by section 4(a) of Pub.
L. 110–246.
Amendments
2008—Subsec. (a)(1). Pub.
L. 110–246, §4406(b)(1),
in first sentence, substituted “for fiscal year 2008 and each fiscal
year thereafter” for “for each of the fiscal years 2003 through 2007”.
Pub. L. 110–246, §4201(c),
in first sentence, substituted “$100,000,000” for “$60,000,000” and
inserted “and donated wild game” before period at end.
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, §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, §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, §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, §1772(c)(3),
substituted “1991 through 1995” for “ending September 30, 1986, through
September 30, 1990,”.
Subsec. (a)(2). Pub.
L. 101–624, §1772(d),
inserted “repackaging, processing,” after “handling,” in second
sentence.
Subsec. (b). Pub.
L. 101–624, §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, §1772(c)(2),
redesignated subsecs. (c) and (d) as (a) and (b), respectively.
1988—Subsec. (c)(1). Pub.
L. 100–435, §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, §103(a),
substituted “through September 30, 1990” for “through September 30,
1988” in first sentence.
Subsec. (c)(2). Pub.
L. 100–435, §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 2008 Amendment
Amendment of this section and repeal of Pub.
L. 110–234 by Pub.
L. 110–246 effective
May 22, 2008, the date of enactment of Pub.
L. 110–234, except as
otherwise provided, see section 4 of Pub.
L. 110–246, set out as
an Effective Date note under section
8701 of this title.
Amendment by sections 4201(c) and 4406(b)(1) of Pub.
L. 110–246 effective
Oct. 1, 2008, see section 4407 ofPub.
L. 110–246, set out as
a note under section
1161 of Title 2, The Congress.
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) ofPub.
L. 101–624 effective
Nov. 28, 1990, see section 1781(b)(1), (2) of Pub.
L. 101–624, set out as
a note undersection
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
Pub. L. 98–92, §2,
Sept. 2, 1983, 97
Stat. 608, provided in part that the amendment made by
section 2 is effective Oct. 1, 1983.
§7509. Relationship to other programs
(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.
(Pub. L. 98–8, title
II, §205, Mar. 24, 1983, 97
Stat. 36; Pub.
L. 98–92, §2(7), Sept.
2, 1983, 97
Stat. 611; Pub.
L. 110–234, title I,
§4002(b)(1)(B), (2)(I), May 22, 2008, 122
Stat. 1096, 1097; Pub.
L. 110–246, §4(a),
title IV, §4002(b)(1)(B), (2)(I), June 18, 2008, 122
Stat. 1664, 1857, 1858.)
Codification
Pub. L. 110–234 and Pub.
L. 110–246 made
identical amendments to this section. The amendments by Pub.
L. 110–234 were
repealed by section 4(a) of Pub.
L. 110–246.
Amendments
2008—Subsec. (a). Pub.
L. 110–246, §4002(b)(1)(B),
(2)(I), made technical amendment to reference in original act which
appears in text as reference to section
2013(b) of this title.
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 2008 Amendment
Amendment of this section and repeal of Pub.
L. 110–234 by Pub.
L. 110–246 effective
May 22, 2008, the date of enactment of Pub.
L. 110–234, except as
otherwise provided, see section 4 of Pub.
L. 110–246, set out as
an Effective Date note under section
8701 of this title.
Amendment by section 4002(b)(1)(B), (2)(I) of Pub.
L. 110–246 effective
Oct. 1, 2008, see section 4407 of Pub.
L. 110–246, set out as
a note under section
1161 of Title 2, The Congress.
Effective Date of 1983 Amendment
Pub. L. 98–92, §2,
Sept. 2, 1983, 97
Stat. 608, provided in part that the amendment made by
section 2 is effective Oct. 1, 1983.
§7510. Commodities not income
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.
(Pub. L. 98–8, title
II, §206, Mar. 24, 1983, 97
Stat. 36.)
§7511. Prohibition against certain State charges
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.
(Pub. L. 98–8, title
II, §208, Mar. 24, 1983, 97
Stat. 36.)
§7511a. Emergency food program infrastructure grants
(a) Definition of eligible entity
In this section, the term “eligible entity” means an emergency feeding
organization.
(b) Program authorized
(1) In general
The Secretary shall use funds made available under subsection (d) to
make grants to eligible entities to pay the costs of an activity
described in subsection (c).
(2) Rural preference
The Secretary shall use not less than 50 percent of the funds described
in paragraph (1) for a fiscal year to make grants to eligible entities
that serve predominantly rural communities for the purposes of—
(A) expanding the capacity and infrastructure of food banks, State-wide
food bank associations, and food bank collaboratives that operate in
rural areas; and
(B) improving the capacity of the food banks to procure, receive, store,
distribute, track, and deliver time-sensitive or perishable food
products.
(c) Use of funds
An eligible entity shall use a grant received under this section for any
fiscal year to carry out activities of the eligible entity, including—
(1) the development and maintenance of a computerized system for the
tracking of time-sensitive food products;
(2) capital, infrastructure, and operating costs associated with the
collection, storage, distribution, and transportation of time-sensitive
and perishable food products;
(3) improving the security and diversity of the emergency food
distribution and recovery systems of the United States through the
support of small or mid-size farms and ranches, fisheries, and
aquaculture, and donations from local food producers and manufacturers
to persons in need;
(4) providing recovered foods to food banks and similar nonprofit
emergency food providers to reduce hunger in the United States;
(5) improving the identification of—
(A) potential providers of donated foods;
(B) potential nonprofit emergency food providers; and
(C) persons in need of emergency food assistance in rural areas; and
(6) constructing, expanding, or repairing a facility or equipment to
support hunger relief agencies in the community.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$15,000,000 for each of fiscal years 2008 through 2012.
(Pub. L. 98–8, title
II, §209, as added Pub.
L. 110–234, title IV,
§4202, May 22, 2008, 122
Stat. 1121; Pub.
L. 110–246,§4(a), title IV, §4202, June 18, 2008, 122
Stat. 1664, 1883.)
Codification
Pub. L. 110–234 and Pub.
L. 110–246 enacted
identical sections. Pub.
L. 110–234 was
repealed by section 4(a) ofPub.
L. 110–246.
Prior Provisions
A prior section 209 of Pub.
L. 98–8, which related
to commodity supplemental food program administrative expenses, was set
out in a note under section
612c of this title prior
to repeal by Pub.
L. 99–198, title XV,
§1562(e)(1), Dec. 23, 1985, 99
Stat. 1590.
Effective Date
Enactment of this section and repeal of Pub.
L. 110–234 by Pub.
L. 110–246 effective
May 22, 2008, the date of enactment of Pub.
L. 110–234, except as
otherwise provided, see section 4 of Pub.
L. 110–246, set out as
a note under section
8701 of this title.
Section effective Oct. 1, 2008, see section 4407 of Pub.
L. 110–246, set out as
an Effective Date of 2008 Amendment note under section
1161 of Title 2, The Congress.
§7512. Regulations
(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 1
(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.
(Pub. L. 98–8, title
II, §210, Mar. 24, 1983, 97
Stat. 36; Pub.
L. 98–92, §2(9), Sept.
2, 1983, 97
Stat. 611; Pub.
L. 99–198, title XV,
§1570, Dec. 23, 1985, 99
Stat. 1594; Pub.
L. 100–77, title VIII,
§814(b), July 22, 1987, 101
Stat. 538; Pub.
L. 100–435, title I,
§§103(d), 105(b), Sept. 19, 1988, 102
Stat. 1648, 1651; Pub.
L. 101–624, title
XVII, §1772(e), Nov. 28, 1990, 104
Stat. 3809; Pub.
L. 104–193, title
VIII, §871(e)(3), Aug. 22, 1996, 110
Stat. 2345.)
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, §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, §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, §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, §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
Pub. L. 98–92, §2,
Sept. 2, 1983, 97
Stat. 608, provided in part that the amendment made by
section 2 is effective Oct. 1, 1983.
§7513. Finality of determinations
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.
(Pub. L. 98–8, title
II, §211, as added Pub.
L. 98–92, §2(10),
Sept. 2, 1983, 97
Stat. 612.)
Effective Date
Pub. L. 98–92, §2,
Sept. 2, 1983, 97
Stat. 608, provided in part that this section is
effective Oct. 1, 1983.
§7514. Incorporation of additional commodities
(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) 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.
(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.
(Pub. L. 98–8, title
II, §213, as added Pub.
L. 100–435, title I,
§104, Sept. 19, 1988, 102
Stat. 1648.)
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.
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.
§7515. Allotment and delivery of commodities
(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.
(Pub. L. 98–8, title
II, §214, as added Pub.
L. 100–435, title I,
§104, Sept. 19, 1988, 102
Stat. 1648; amended Pub.
L. 101–624, title
XVII, §1772(g), (h)(1), Nov. 28, 1990, 104
Stat. 3809; Pub.
L. 104–127, title IV,
§403(c), Apr. 4, 1996, 110
Stat. 1029; Pub.
L. 104–193, title
VIII, §871(d), Aug. 22, 1996, 110
Stat. 2345.)
Amendments
1996—Subsec. (a). Pub.
L. 104–193, §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, §403(c)(1),
substituted “2002” for “1995”.
Subsec. (b). Pub.
L. 104–193, §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, §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, §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, §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, §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, §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, §403(c)(2),
substituted “2002” for “1995” in two places.
Subsecs. (f) to (i). Pub.
L. 104–193, §871(d)(2),
redesignated subsecs. (f) to (i) as (a) to (d), respectively.
Subsec. (j). Pub.
L. 104–193, §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, §1772(g)(1),
substituted “fiscal years 1991 through 1995” for “fiscal years 1989 and
1990”.
Subsec. (e). Pub.
L. 101–624, §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, §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
Pub. L. 104–193, title
VIII, §871(h), Aug. 22, 1996, 110
Stat. 2346, 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 undersection
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.
§7516. Settlement and adjustment of claims
(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.
(Pub. L. 98–8, title
II, §215, as added Pub.
L. 102–237, title IX,
§922(b), Dec. 13, 1991, 105
Stat. 1888.)
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.
§7517. Hunger-free communities
(a) Definitions
In this section:
(1) Eligible entity
The term “eligible entity” means a public food program service provider
or nonprofit organization, including an emergency feeding organization,
that has collaborated, or will collaborate, with 1 or more local partner
organizations to achieve at least 1 hunger-free communities goal.
(2) Emergency feeding organization
The term “emergency feeding organization” has the meaning given the term
in section
7501 of this title.
(3) Hunger-free communities goal
The term “hunger-free communities goal” means any of the 14 goals
described in the H. Con. Res. 302 (102nd Congress).
(b) Hunger-free communities collaborative grants
(1) Program
(A) In general
The Secretary shall use not more than 50 percent of any funds made
available under subsection (e) to make grants to eligible entities to
pay the Federal share of the costs of an activity described in paragraph
(2).
(B) Federal share
The Federal share of the cost of carrying out an activity under this
subsection shall not exceed 80 percent.
(C) Non-Federal share
(i) Calculation
The non-Federal share of the cost of an activity under this subsection
may be provided in cash or fairly evaluated in-kind contributions,
including facilities, equipment, or services.
(ii) Sources
Any entity may provide the non-Federal share of the cost of an activity
under this subsection through a State government, a local government, or
a private source.
(2) Use of funds
An eligible entity in a community shall use a grant received under this
subsection for any fiscal year for hunger relief activities, including—
(A) meeting the immediate needs of people who experience hunger in the
community served by the eligible entity by—
(i) distributing food;
(ii) providing community outreach to assist in participation in
federally assisted nutrition programs, including—
(I) the school breakfast program established by section
1773 of title 42;
(II) the school lunch program established under the Richard B. Russell
National School Lunch Act (42
U.S.C. 1751 et seq.);
(III) the summer food service program for children established under
section 13 of that Act [42
U.S.C. 1761]; and
(IV) other Federal programs that provide food for children in child care
facilities and homeless and older individuals; or
(iii) improving access to food as part of a comprehensive service; and
(B) developing new resources and strategies to help reduce hunger in the
community and prevent hunger in the future by—
(i) developing creative food resources, such as community gardens,
buying clubs, food cooperatives, community-owned and operated grocery
stores, and farmers’ markets;
(ii) coordinating food services with park and recreation programs and
other community-based outlets to reduce barriers to access; or
(iii) creating nutrition education programs for at-risk populations to
enhance food-purchasing and food-preparation skills and to heighten
awareness of the connection between diet and health.
(c) Hunger-free communities infrastructure grants
(1) Program authorized
(A) In general
The Secretary shall use not more than 50 percent of any funds made
available for a fiscal year under subsection (e) to make grants to
eligible entities to pay the Federal share of the costs of an activity
described in paragraph (2).
(B) Federal share
The Federal share of the cost of carrying out an activity under this
subsection shall not exceed 80 percent.
(2) Application
(A) In general
To receive a grant under this subsection, an eligible entity shall
submit an application at such time, in such form, and containing such
information as the Secretary may prescribe.
(B) Contents
Each application submitted under subparagraph (A) shall—
(i) identify any activity described in paragraph (3) that the grant will
be used to fund; and
(ii) describe the means by which an activity identified under clause (i)
will reduce hunger in the community of the eligible entity.
(C) Priority
In making grants under this subsection, the Secretary shall give
priority to eligible entities that demonstrate 2 or more of the
following:
(i) The eligible entity serves a community in which the rates of food
insecurity, hunger, poverty, or unemployment are demonstrably higher
than national average rates.
(ii) The eligible entity serves a community that has successfully
carried out long-term efforts to reduce hunger in the community.
(iii) The eligible entity serves a community that provides public
support for the efforts of the eligible entity.
(iv) The eligible entity is committed to achieving more than 1
hunger-free communities goal.
(3) Use of funds
An eligible entity shall use a grant received under this subsection to
construct, expand, or repair a facility or equipment to support hunger
relief efforts in the community.
(d) Report
If funds are made available under subsection (e) to carry out this
section, not later than September 30, 2012, the Secretary shall submit
to Congress a report that describes—
(1) each grant made under this section, including—
(A) a description of any activity funded; and
(B) the degree of success of each activity funded in achieving hunger
free-communities goals; and
(2) the degree of success of all activities funded under this section in
achieving domestic hunger goals.
(e) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to
carry out this section for each of fiscal years 2008 through 2012.
(Pub. L. 110–234, title
IV, §4405, May 22, 2008, 122
Stat. 1138; Pub.
L. 110–246, §4(a),
title IV, §4405, June 18, 2008,122
Stat. 1664, 1899.)
References in Text
H. Con. Res. 302 (102nd Congress), referred to in subsec. (a)(3), is H.
Con. Res. 302, Oct. 5, 1992, 106
Stat. 5204, which is not classified to the Code.
The Richard B. Russell National School Lunch Act, referred to in subsec.
(b)(2)(A)(ii)(II), is act June 4, 1946, ch. 281, 60
Stat. 230, which is classified generally to chapter
13 (§1751 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
1751 of Title 42 and
Tables.
Codification
The authorities provided by each provision of, and each amendment made
by, Pub.
L. 110–246, as in
effect on Sept. 30, 2012, to continue, and the Secretary of Agriculture
to carry out the authorities, until the later of Sept. 30, 2013, or the
date specified in the provision of, or amendment made by, Pub.
L. 110–246, see
section 701(a) of Pub.
L. 112–240, set out in
a 1-Year Extension of Agricultural Programs note under section
8701 of this title.
Pub. L. 110–234 and Pub.
L. 110–246 enacted
identical sections. Pub.
L. 110–234 was
repealed by section 4(a) ofPub.
L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of
2008, and not as part of the Emergency Food Assistance Act of 1983 which
comprises this chapter.
Effective Date
Enactment of this section and repeal of Pub.
L. 110–234 by Pub.
L. 110–246 effective
May 22, 2008, the date of enactment of Pub.
L. 110–234, except as
otherwise provided, see section 4 of Pub.
L. 110–246, set out as
a note under section
8701 of this title.
Section effective Oct. 1, 2008, see section 4407 of Pub.
L. 110–246, set out as
an Effective Date of 2008 Amendment note under section
1161 of Title 2, The Congress.
Definition of “Secretary”
“Secretary” as meaning the Secretary of Agriculture, see section
8701 of this title.
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