[Federal Register Volume 62, Number 14 (Wednesday, January 22, 1997)]
[Notices]
[Pages 3265-3266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1432]


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DEPARTMENT OF AGRICULTURE
Food and Consumer Service


The Emergency Food Assistance Program; Availability of 
Commodities for Fiscal Year 1997

AGENCY: Food and Consumer Service, USDA.

ACTION: Notice.

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SUMMARY: This notice announces the surplus and purchased commodities 
that the Department expects to make available for donation to States 
for use in providing food assistance to the needy under the Emergency 
Food Assistance Program (TEFAP) in Fiscal Year (FY) 1997. The 
commodities made available under this notice shall, at the discretion 
of the State, be distributed to organizations for use in preparing 
meals, and/or for distribution to households for home consumption.

EFFECTIVE DATE: October 1, 1996.

FOR FURTHER INFORMATION CONTACT: Lillie Ragan, Assistant Branch Chief, 
Program Administration Branch, Food Distribution Division, Food and 
Consumer Service, U.S. Department of Agriculture, 3101 Park Center 
Drive, Alexandria, Virginia 22302-1594 or telephone (703) 305-2662.

SUPPLEMENTARY INFORMATION:

Background and Need for Action

Surplus Commodities

    Surplus commodities donated for distribution under TEFAP are 
Commodity Credit Corporation (CCC) commodities determined to be 
available for donation by the Secretary of Agriculture under the 
authority of section 416 of the Agricultural Act of 1949, Public Law 
81-439 (hereinafter referred to as section 416) and commodities 
purchased under the surplus removal authority of section 32 of the Act 
of August 24, 1935, Public Law 74-320 (hereinafter referred to as 
section 32), which have been determined by the Secretary to be in 
excess of the quantities needed to carry out other programs, including 
CCC sales obligations. The types of commodities available under section 
416 include dairy, grains, oils, and peanut products. The types of 
commodities purchased under section 32 include meat, poultry, fish, 
vegetables, and fruits. Donations of surplus commodities were initiated 
in 1981 as part of the Department's efforts to reduce stockpiles of 
government-owned commodities, such as cheese, flour, butter, and 
cornmeal, which had been acquired under section 416. These donations 
responded to concern over the costs to taxpayers of storing large 
quantities of foods, while at the same time there were persons in need 
of food assistance. The authority to donate surplus commodities for 
distribution through TEFAP was codified in Title II of Public Law 98-8, 
the Emergency Food Assistance Act (EFAA) of 1983 (7 U.S.C. 612c note).
    In recent years, the supply of surplus commodities has been 
drastically reduced. These reductions are the result of changes in the 
commodity loan programs which have brought supply and demand into 
better balance, and accelerated donations and sales. As a result, the 
Department anticipates that there will not be sufficient quantities of 
commodities available under section 416 to support their donation for 
distribution through TEFAP in FY 1997. However, the Secretary of 
Agriculture anticipates that sufficient quantities of dried figs, dried 
prunes, canned salmon and frozen ground beef will be purchased under 
section 32 to warrant their donation for distribution through TEFAP 
during FY 1997. While sufficient quantities of these commodities may be 
available in FY 1997 to support such donations, the Department would 
like to point out that commodity purchases under section 32 are based 
on changing agricultural market conditions; therefore, such commodities 
may not be available for donation in FY 1998.

Purchased Commodities

    Congress responded to the reduced availability of surplus 
commodities with section 104 of the Hunger Prevention Act of 1988, 
Public Law 100-435, which added sections 213 and 214 to the EFAA. Those 
sections required the Secretary to purchase commodities for 
distribution to States, in addition to those surplus commodities which 
otherwise might be provided to States for distribution under TEFAP. The 
Personal Responsibility and Work Opportunity Reconciliation Act of 
1996, Public Law 104-193 (hereinafter referred to as ``the Personal 
Responsibility Act''), signed by President Clinton on August 22, 1996, 
amended the Food Stamp Act of 1977 to require the Secretary to use $100 
million from the funds made available to carry out the Food Stamp Act 
of 1977 for each of FYs 1997 through 2002 to purchase a variety of 
nutritious and useful commodities and distribute the commodities to 
States for distribution through TEFAP. The Act also amends the EFAA to 
delete the authorization of appropriations for food purchases under 
section 214. However, in the Agriculture, Rural Development, Food and 
Drug Administration and Related Appropriations Act, 1997 (P.L. 104-
180), Congress appropriated funds that can be used for TEFAP commodity 
purchases in addition to the $100 million earmarked by the Personal 
Responsibility Act. The Department has determined that up to $45 
million of the funds appropriated and available to TEFAP under P.L. 
104-180 will be used for TEFAP commodity purchases, bringing the 
maximum amount of funds potentially available to buy TEFAP commodities 
to $145 million.
    For FY 1997, the Department anticipates purchasing for distribution 
through TEFAP the following commodities: peanut butter, vegetable oil, 
rice, macaroni, spaghetti, grits, fortified cereal, roasted peanuts, 
dehydrated potatoes, dry bagged beans and dried egg mix; canned apple, 
grapefruit, orange and tomato juices, vegetarian beans, carrots, green 
beans, tomatoes, tomato sauce, corn, peaches, applesauce, pineapple, 
pork, salmon, beef, and chicken; and frozen ground beef and turkey, 
cut-up chicken, and turkey roasts. The amounts of each item purchased 
will depend on the prices USDA must pay, as well as the quantity of 
each item requested by the States. Changes in agricultural market

[[Page 3266]]

conditions may result in the availability of additional types of 
commodities or the non-availability of one or more types listed above. 
Once USDA has made the commodities available to States, State officials 
will be responsible for determining how to allocate the State's ``fair 
share'' to eligible organizations. States have full discretion in 
determining the amount of commodities that will be made available to 
organizations for distribution to needy households for use in home-
prepared meals or for providing prepared meals to the needy at 
congregate feeding sites. In accordance with section 871 of the 
Personal Responsibility Act, which amended section 202A of the EFAA, 
the Department does, however, encourage States to establish a State 
advisory board comprised of public and private entities with an 
interest in the distribution of TEFAP commodities. Such advisory boards 
can provide valuable input on how commodities should be allocated among 
various eligible outlet types, what areas have the greatest need for 
food assistance, and other important issues that will help States to 
use their resources in the most efficient and effective manner 
possible.
    In section 110 of the Hunger Prevention Act, Congress established 
the Soup Kitchens/Food Banks Program. Under the provisions of section 
110, the Secretary was required to purchase and distribute commodities 
to States for use by soup kitchens and food banks. Section 873 of the 
Personal Responsibility Act deletes section 110 of the Hunger 
Prevention Act and provides for the absorption of the Soup Kitchens/
Food Banks Program into TEFAP. Therefore, commodities will not be 
purchased for distribution under the Soup Kitchens/Food Banks Program 
in FY 1997. Organizations that had been eligible for SK/FB will, 
however, be eligible to receive commodities under the expanded TEFAP.

    Dated: January 13, 1997.
William E. Ludwig,
Administrator.
[FR Doc. 97-1432 Filed 1-21-97; 8:45 am]
BILLING CODE 3410-30-U