[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Rules and Regulations]
[Pages 8361-8367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4536]
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DEPARTMENT OF AGRICULTURE
Food and Consumer Service
7 CFR Part 250
RIN 0584-AB55
Food Assistance in Disaster and Distress Situations
AGENCY: Food and Consumer Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule amends the provisions of the Food Distribution
Program Regulations and Policies that relate to food assistance
provided in response to Presidentially declared disasters and in
situations of distress. The amendments contained in this rule address
the simultaneous issuance of commodities and disaster food stamp
benefits in a disaster, distribution of commodities to households in
situations of distress, authorization for providing commodity
assistance, reporting requirements, and the replacement of
[[Page 8362]]
commodities. In addition, revised definitions are included which
encompass the definitions contained in the Robert T. Stafford Disaster
Relief and Emergency Assistance Act. These revisions will help ensure
that commodity assistance is made available to victims of disasters and
to those in situations of distress in the most efficient and effective
manner possible while maintaining the integrity of the program.
EFFECTIVE DATE: This final rule is effective April 28, 1997.
FOR FURTHER INFORMATION CONTACT: Lillie Ragan, Assistant Branch Chief,
Household Programs Branch, Food Distribution Division, Food and
Consumer Service, U.S. Department of Agriculture, Park Office Center,
Room 502, 3101 Park Center Drive, Alexandria, Virginia 22302-1594, or
telephone (703) 305-2661.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866, and, therefore, has not been
reviewed by the Office of Management and Budget.
Regulatory Flexibility Act
This action has been reviewed with regard to the requirements of
the Regulatory Flexibility Act (5 U.S.C. 601-612). The Administrator of
the Food and Consumer Service (FCS) has certified that this action will
not have a significant economic impact on a substantial number of small
entities. The primary impact of the procedures in this rulemaking will
be on FCS regional offices, State governments and individuals who might
apply for disaster or distress commodity benefits. To the extent that
county or other local governments assist in the distribution of
commodities at a disaster or distress feeding site, they will also be
affected.
Executive Order 12372
These programs are listed in the Catalog of Federal Domestic
Assistance under 10.550 and are subject to the provisions of Executive
Order 12372, which requires intergovernmental consultation with State
and local officials (7 CFR part 3015, Subpart V and final rule-related
notices published at 48 FR 29114, June 24, 1983 and 49 FR 22676, May
31, 1984).
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule is intended to have preemptive effect
with respect to any State or local laws, regulations or policies which
conflict with its provisions or which would otherwise impede its full
implementation. This rule is not intended to have retroactive effect
unless so specified in the EFFECTIVE DATE section of the preamble. All
available administrative procedures must be exhausted prior to any
judicial challenge to the provisions of this rule or the application of
its provisions.
Background
The Department of Agriculture (USDA or Department) makes
commodities available for use in providing food assistance to victims
of disasters and to those in situations of distress, in accordance with
authority contained in several statutes. The regulations governing the
Food Distribution Program (7 CFR Part 250) outline the responsibilities
of FCS and distributing agencies with regard to the distribution of
donated commodities during a disaster and in situations of distress.
On December 8, 1995, the Department published a proposed rule in
the Federal Register at 60 FR 62999 which reflected amendments which
have been made to the authorizing legislation, and also included
regulatory changes recommended by the Task Force for Disaster
Preparedness, established by the Department in response to issues which
arose in the course of providing food assistance to victims of several
disasters and other types of emergencies in the past several years. The
Task Force was comprised of representatives from USDA, the Federal
Emergency Management Agency (FEMA), private national organizations such
as the Red Cross, and State and local agencies. One of the objectives
of the Task Force was to identify current Federal disaster policies
that are in need of revision. Regulatory amendments embodying Task
Force recommendations were proposed under the discretionary authority
granted to the Secretary and are part of the Department's effort to
ensure that commodity assistance is made available to victims of
disasters and situations of distress in the most efficient and
effective manner possible while maintaining the integrity of the
program. The proposed rule provided a 60-day comment period.
Analysis of Comments Received
The Department received a total of 6 comment letters. Comment
letters were submitted by four State distributing agencies, one State
food stamp agency, and one county social service agency. All but one of
the commenters were substantially in favor of the rule. Comments
received are discussed in detail below.
Definitions
The definition of ``Situation of Distress'' contained in Section
250.3 of the proposed rule would provide distributing agencies with
authority to make commodities available for use in congregate feeding
in instances when the disaster or emergency is natural, e.g.,
hurricane, tornado, storm, or flood. One commenter expressed concern
that use of the word ``emergency'' in the definition will cause
confusion since that term was not defined in the rule. The commenter
also recommended that the definitions of ``Disaster'' and ``Situations
of Distress'' encompass the recovery time period that follows such
conditions.
One of the purposes for revising existing definitions under the
proposed rule was to provide clarity. Since elimination of the term
``emergency'' will have no effect on the definition, the term has been
deleted from the definition of ``Situation of Distress'' contained in
Section 250.3 of this final rule. With regard to recognizing a period
of time for recovery, the distribution of commodities under the
provisions contained in the rule is, by definition, limited to
disasters and situations of distress since the delivery of assistance
through traditional food assistance programs is not adequate in such
instances. Once the situation is such that the needs of victims can be
met through traditional food assistance programs, the distribution of
commodities is no longer warranted.
Simultaneous Distribution of Commodities and Disaster Food Stamp
Benefits
Sections 250.43 and 250.44 of the proposed rule would permit the
simultaneous distribution of commodities and issuance of disaster food
stamp benefits during Presidentially declared disasters and in
situations of distress in instances in which such distributions are
warranted.
One commenter strongly opposed the simultaneous distribution of
such benefits for reasons such as the additional costs that would be
incurred by the State, the inability of State and local agencies to
transport commodities due to damaged infrastructure, the lack of
refrigeration units, and in instances in which commodities are made
available for use in situations of distress, the absence of a guarantee
that the Department will replace the commodities used. Other commenters
did not expressly oppose the authority provided under the proposed rule
to
[[Page 8363]]
permit the simultaneous distribution of commodity and disaster food
stamp benefits. However, comments regarding issues such as cost and the
ability of distributing agencies and disaster organizations to provide
such services indicate a basic misunderstanding of the approval process
as described in the proposed rule.
Because the Department has determined that there are instances in
which States may need to distribute commodities and issue disaster food
stamp benefits simultaneously to ensure that some form of food
assistance is available to all victims of disasters and situations of
distress, Sections 250.43 and 250.44 of this final rule retain
provisions which permit the simultaneous distribution and issuance of
these benefits. However, further review of the provisions contained in
the proposed rule relative to the submission and approval of requests
to conduct such distributions suggests that the proposed language could
be interpreted to require that distributing agencies forward all
requests received from organizations for the receipt and distribution
of commodities to FCS for approval. In fact, the proposal was not
intended to remove the State's discretion to determine whether
distribution of commodities to households is warranted. The proposed
rule was intended only to clarify the approval process in instances in
which the State has decided that such distribution would be
appropriate. When States have so decided, distributing agencies would
be required to submit applications to the Food and Consumer Service
regional office (FCSRO), and such applications would be forwarded to
FCS headquarters for approval. Sections 250.43 and 250.44 of this final
rule have been revised to make it clear that States retain full
discretion in determining whether a request to permit commodity
distributions to households will be submitted to the FCSRO. In making
such a determination, States will have to ascertain whether the
necessary facilities and financial resources are available to support
such distributions. In addition, language in the proposed rule has also
been revised to clarify that only those organizations wishing to obtain
donated foods for use in providing food assistance to victims of
disasters and situations of distress are expected to submit
applications for the receipt of such food to the distributing agency.
Dual Participation
Section 250.43(c)(2)(viii) of the proposed rule would require
disaster organizations to submit a statement of assurance that
simultaneous food stamp and commodity assistance will not be provided
to individual households; and, Section 250.43(c)(3)(iv)(D) would
require that, before receiving commodities, each household sign a
statement certifying that it is not receiving food stamp assistance.
The proposed rule contained parallel requirements in Sections
250.44(c)(2)(vii) and 250.44(c)(3)(iv)(D) relative to the distribution
of commodities during situations of distress.
Ambiguous references to food stamp benefits were the major focus of
most of the comments received; 5 of the 6 commenters addressed the
issue, and 4 of them recommended clarification. As pointed out by the
commenters, the language as written in the proposed rule is unclear as
to which aspect of the Food Stamp Program is being referenced, and
could be easily interpreted to proscribe receipt of commodities by
those who are regular and customary recipients of food stamps. This is
obviously not the intent of the rule, for households which have been on
the Food Stamp Program are likely to be just as hard-hit by a disaster
as their non-food-stamp-receiving neighbors, perhaps having lost their
entire food supply.
It is not the intent of the Department to prohibit the distribution
of commodities to disaster victims who have been receiving assistance
under the ``conventional'' Food Stamp Program. Therefore, Sections
250.43 and 250.44 are revised under this final rule to specifically
prohibit only the distribution of commodities to households which have
received disaster food stamp benefits since the issuance of both types
of benefits would in fact be duplicative.
Three of the five respondents also made comments related to dual
participation which were not attributable to the ambiguous language in
the proposed rule. One commenter stated that it would be impossible to
ensure that dual participation does not occur, and the other two
expressed concern about the amount of time and cost associated with the
collection and verification of information necessary to prevent the
issuance of dual benefits. One commenter recommended waiving the
prohibition against dual participation for a limited period of time,
such as 30 days, while the other two recommended eliminating the
prohibition entirely.
The nutritional needs of households during a disaster or situation
of distress can be fully met through the provision of either
commodities or disaster food stamp benefits. Therefore, since the
elimination of the prohibition against dual participation would
significantly increase Federal outlays, and could result in a windfall
to households in excess of their nutritional needs, the provisions
relative to the prohibition against dual participation are being
retained in this final rule.
Responsibility for Establishing and Pursuing Claims
Two of the six commenters addressed this provision, one pointing
out that the preamble of the proposed rule does not state with
sufficient clarity who will be responsible for establishing and
pursuing claims against households for dual participation. The language
in question reads as follows: ``In instances when it is determined that
claims action against a household is warranted due to the receipt of
both food stamp and commodity assistance, the Department intends to
pursue such action through establishment of a claim against the
household for the value of the food stamps issued.'' (60 FR page 63002,
middle column, first complete paragraph, first sentence).
Current regulations make State agencies responsible for
establishing and pursuing such claims. The Department had intended no
change from current regulations and practice. Therefore in instances
when it is determined that claims action against a household is
warranted due to the receipt of both disaster food stamp and commodity
assistance, the State agency will be required to pursue such action
through establishment of a claim against the household for the value of
the food stamps issued.
Another commenter expressed concern about whether a State will have
access to records showing that a household did in fact receive
commodities and the amount of commodities provided. Section 250.16
requires that records be maintained by recipient agencies for a period
of at least three years from the close of the fiscal year to which they
pertain. However, in instances when claims action and/or audit findings
have not been resolved, the records must be retained as long as
required for the resolution of such action or findings. In addition,
Sections 250.43(c)(3) and 250.44(c)(3) of the proposed rule would
require that information obtained from households for the receipt of
commodities be forwarded to the distributing agency and maintained by
the distributing agency in accordance with the recordkeeping
requirements as stated above. Distributing agencies may,
[[Page 8364]]
however, permit an organization that is an agency of the State
government to retain such records. Based on these recordkeeping
requirements, the State agency responsible for establishing and
pursuing a claim should be able to access statements signed by all
households which were provided commodities by contacting the
distributing agency. With regard to information concerning the amount
of commodities provided to a household not being recorded, this
information is not necessary since households that received both
commodities and disaster food stamp benefits will be expected to make
restitution for the full value of disaster food stamp benefits issued
without regard to the value of commodities provided.
Information Collection Burden
Sections 250.43(c) and 250.44(c) of the proposed rule would require
several kinds of information collection at different levels. First, in
requesting FCS approval for the distribution of commodities to
households, the distributing agency would be required to submit the
following information (plus additional information as outlined in the
section) to the FCSRO: (1) An explanation as to why the distribution of
commodities to households is warranted; (2) identification of the
specific area(s) included in the request; (3) a statement of assurance
that simultaneous food stamp and commodity assistance will not be
provided to individual households; and (4) a description of the system
that will be implemented to prevent dual participation. Second, minimal
information would be required of each household applying for
commodities in instances in which the Food Stamp Program is in
operation, to include: (1) Name of one household member applying for
assistance; (2) address; and (3) the number of persons in the
household. In addition to providing the above information,
organizations distributing donated foods to households would be
required to obtain a signed statement of assurance from the household
applying for benefits to the effect that the household: (1) Is in need
of food assistance; (2) understands that misrepresentation of need and
the sale or exchange of the donated food are prohibited and could
result in a fine, imprisonment, or both; (3) is not residing in a
shelter which provides food assistance; and (4) is not receiving
disaster food stamp assistance.
Two of the six commenters addressed the information collection
requirements contained in the proposed rule. One commenter stated that
the burden on his State agency, its subunits and recipients would be
minor, as similar information collection requirements already exist
elsewhere, but at the same time, he expressed concern that, due to the
burden, FCS may not be able to provide authorization to distribute
commodities in a timely manner. The other commenter stated that the
information collection requirements contained in the proposed rule
would require a complex data collection and control system which would
be very difficult to manage during a disaster. It was further
recommended that the Federal Government fully finance food assistance
programs in emergency situations.
It is the opinion of the Department that the information collection
requirements as proposed provide the minimum requirements that are
needed to maintain program accountability, i.e., to ensure that
commodity distributions are truly necessary and that systems are in
place to prevent dual participation. These requirements present a
minimal burden, especially when balanced against the greater
flexibility which the proposed rule affords to States. Additionally,
FCS has proven its ability to respond quickly to disasters through its
network of regional offices. Therefore, this final rule retains the
information collection requirements as originally proposed.
With regard to the recommendation that the Department pay all costs
incurred in providing food assistance to victims of disasters or
situations of distress, while funds are authorized and appropriated for
use in procuring commodities for such occurrences, the Department is
not authorized to use such funds for the purpose of paying costs
associated with the distribution of the commodities once they are
delivered to the State.
With respect to disaster food stamps, Section 16 of the Food Stamp
Act of 1977, as amended (7 U.S.C. 2011 et seq.), (the Act), only
permits the Department to pay 50 percent of the administrative costs
associated with issuing disaster food stamps, although the benefits are
fully funded. Section 5(h) of the Act authorizes the Secretary, in
response to a disaster, to establish temporary eligibility criteria and
to adjust reporting and other application requirements as appropriate.
Although it could have done so, Congress did not authorize the
Secretary to depart from the provisions of the Act that allow the
Department to pay 50 percent of State agencies' administrative costs.
The Department, therefore, does not have the statutory authority to pay
more than 50 percent of the administrative costs incurred to issue
disaster food stamp benefits.
Types of Foods Authorized for Donation
Sections 250.43(e) and 250.44(e) of the proposed rule identified
the various legislative authorities under which the Secretary is
afforded discretionary authority to authorize the use of commodities
during disasters and situations of distress. One commenter was confused
as to what commodities can be used from each of the food distribution
programs to provide food assistance during situations of distress.
Commodities being held in State and local inventories for any food
distribution program can be used to provide food assistance in such
situations. However, in making decisions as to what types and amounts
of commodities to make available, distributing agencies should keep in
mind that, while there is a USDA replacement guarantee for commodities
used in disasters, there is no such guarantee for commodities used in
situations of distress.
Summary Report
Sections 250.43(f) and 250.44(f) of the proposed rule would have
required the distributing agency to provide a summary report (Form FCS-
292, Report of Coupon Issuance and Commodity Distribution for Disaster
Relief) to the appropriate FCSRO within 30 days following termination
of the disaster/distress assistance.
One commenter recommended that the 30-day requirement for the
submission of such reports be extended to 45 days, based on past
experience of 30 days being too short. The commenter cautioned against
lengthening the time period beyond 45 days, because agencies and
personnel disband following disasters and information thus becomes
difficult to trace. FCS has decided to implement this suggestion, in
deference to the experience of local agencies and in the interest of
program flexibility. Therefore, this final rule extends the time limits
in Sections 250.43(f) and 250.44(f) from 30 days to 45 days.
Replacement of Foods Made Available
When the distribution of commodities has been authorized for
disasters or situations of distress, Sections 250.43(g) and 250.44(g)
of the proposed rule would require that the distributing agency request
replacement of foods used from State and/or local inventories, in
writing to the FCSRO, within 30 days following termination of the
assistance. In the case of disasters, the proposed rule provided for a
waiver
[[Page 8365]]
of the 30-day requirement in instances when sufficient justification is
provided, and guaranteed replacement of foods used from State and/or
local inventories. In the case of situations of distress, no such
waiver of the 30-day limit would be provided, and foods would be
replaced only to the extent that they are available.
Two of the six commenters addressed the replacement provisions. One
recommended that the replacement policy used for disasters be applied
to situations of distress, and the other recommended that choice of
foods made available in situations of distress be limited to those
acquired through commodity loans and surplus-removal activities.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et. seq.) specifically authorizes the Secretary to use
funds appropriated under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), to purchase commodities for use in providing food
assistance to victims of Presidentially declared disasters. There is no
specified limit as to the amount of funds that can be used for this
purpose. In contrast, funds authorized for use in purchasing
commodities for situations of distress are provided annually as part of
the Department's appropriation and cannot exceed the level specified in
the appropriations legislation. Therefore, while commodities used from
State or local warehouses to provide food assistance for situations of
distress will be replaced to the degree possible, the Department cannot
guarantee replacement. With regard to the choice of food to be made
available in situations of distress, the purpose of the proposed rule
was merely to provide States with discretionary authority to make
commodities available for distribution to households in situations of
distress once FCS approval for such distributions is obtained. States
will identify the types and amounts of commodities they wish to make
available depending upon their inventories, immediate needs for other
purposes, and additional factors unique to the situation. It would not
be appropriate for the Department to impose limitations on foods which
the State can make available. Therefore, the provisions contained in
Sections 250.43(g) and 250.44(g) are retained in this final rule as
proposed, except however, that the language contained in these sections
has been revised to clarify that requests for replacement must be
submitted only in instances when the distributing agency is seeking
replacement of foods used from State and/or local inventories.
List of Subjects in 7 CFR Part 250
Aged, Agricultural commodities, Business and industry, Food
assistance programs, Food donations, Food processing, Grant programs-
social programs, Indians, Infants and children, Commodity loan
programs, Reporting and recordkeeping requirements, School breakfast
and lunch programs, Surplus agricultural commodities.
Accordingly, 7 CFR Part 250 is amended as follows:
PART 250--DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS
TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION
1. The authority citation for part 250 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 612c, 612c note, 1431, 1431b,
1431e, 1431 note, 1446a-1, 1859, 2014, 2025; 15 U.S.C. 713c; 22
U.S.C. 1922; 42 U.S.C. 1751, 1755, 1758, 1760, 1761, 1762a, 1766,
3030a, 5179, 5180.
2. In Sec. 250.3:
a. The definitions of Emergency and Major disaster are removed; and
b. Definitions of Disaster and Situation of distress are added in
alphabetical order.
The additions read as follows:
Sec. 250.3 Definitions.
* * * * *
Disaster means:
(a) Any natural catastrophe (including any hurricane, tornado,
storm, high water, wind-driven water, tidal wave, tsunami, earthquake,
volcanic eruption, landslide, mudslide, snowstorm, drought), or,
regardless of cause, any fire, flood, or explosion, in any part of the
United States, which in the determination of the President causes
damage of sufficient severity and magnitude to warrant major disaster
assistance under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) (Stafford Act) to supplement
the efforts and available resources of States, local governments, and
disaster relief organizations in alleviating the damage, loss,
hardship, or suffering caused thereby; or
(b) Any other occasion or instance for which, in the determination
of the President, Federal assistance is needed to supplement State and
local efforts and capabilities to save lives and to protect property
and public health and safety, or to lessen or avert the threat of a
catastrophe in any part of the United States.
* * * * *
Situation of distress means:
(a) A hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, drought, fire, explosion, or other natural
catastrophe not declared by the President to be a disaster, but which,
in the judgment of the distributing agency, warrants the use of USDA
commodities for congregate feeding; and
(b) Any other situation not declared by the President to be a
disaster, but which, in the judgment of FCS, warrants the use of USDA
commodities for congregate feeding or household distribution.
* * * * *
3. Section 250.43 is revised to read as follows:
Sec. 250.43 Disaster food assistance.
(a) Organizational eligibility. In instances in which the President
has declared a disaster and FCS has determined that, as a result of the
disaster, low-income households are unable to purchase adequate amounts
of nutritious food, disaster organizations (including agencies of State
and Federal government) may be eligible to receive donated foods for
congregate meal service or household distribution to disaster victims.
Applications submitted by disaster organizations to the distributing
agency for the receipt and distribution of donated foods in accordance
with paragraphs (b)(2) and (c)(2) of this section shall be initially
submitted in writing if circumstances permit and, if not, confirmed in
writing in a timely manner. Both the applications and the written
approval for the use of USDA commodities shall be maintained in
accordance with the recordkeeping requirements of this part.
(b) Congregate meal service--(1) Approval authority and duration.
Distributing agencies may review and approve applications submitted by
disaster organizations for the donation of foods for use in preparing
congregate meals for disaster victims. Distributing agencies also shall
determine the length of such donations, taking into consideration the
magnitude of the situation, and may extend the duration of such
donations as developing circumstances dictate. Following approval of a
request for donated foods, the distributing agency shall make
appropriate donated foods available from any source within the State to
the disaster organization(s) and within 24 hours of approving the
application shall report the information listed in paragraph (b)(2) of
this section to the appropriate FCSRO.
[[Page 8366]]
(2) Applications. (i) Disaster organizations wishing to receive
donated foods for use in preparing meals for disaster victims shall
submit applications to the distributing agency. Applications shall, to
the extent possible, include the following information:
(A) Description of disaster situation;
(B) Number of people requiring meals;
(C) Period of time for which commodities are requested; and
(D) Quantity and types of food needed for congregate meal service.
(ii) In addition, organizations shall report to the distributing
agency the number and location of sites providing congregate meal
service as such sites are established.
(c) Household distribution--(1) Approval authority and duration. In
instances in which the distributing agency has determined that the
distribution of donated foods to households is appropriate, the
distributing agency shall submit applications requesting approval for
such distributions to the appropriate FCSRO for submission to FCS for
prior approval. FCS will determine the length of time such donations
will be made, taking into consideration the magnitude of the situation,
and may extend the duration of such donations as developing
circumstances dictate.
(2) Applications. (i) Disaster organizations wishing to receive and
distribute donated foods to households shall submit applications to the
distributing agency. Applications shall, to the extent possible,
include the following information:
(A) Description of disaster situation;
(B) Identification of the specific area(s) included in the request;
(C) Number of households affected;
(D) Explanation as to why the distribution of commodities to
households is warranted;
(E) Anticipated distribution period;
(F) Method(s) of distribution available;
(G) Quantity and types of food needed for distribution;
(H) Statement of assurance that simultaneous disaster food stamp
benefits and commodity assistance will not be provided to individual
households; and
(I) Description of the system that will be implemented to prevent
dual participation.
(ii) In addition, information on the number and location of sites
where commodities are to be distributed shall be provided to the
distributing agency as such sites are established.
(3) Collection of household information. In instances in which the
issuance of disaster food stamp benefits has been approved, any entity
(i.e., Federal, State, or local) distributing donated foods to
households shall, at a minimum, collect the information listed below in
a format prescribed by the distributing agency. Such information shall
be forwarded to the distributing agency and maintained by the
distributing agency in accordance with the recordkeeping requirements
contained in this part, except that such information may, at the
discretion of the distributing agency, be maintained by the
organization distributing commodities if such organization is an agency
of the State government.
(i) Name of household member applying for assistance;
(ii) Address;
(iii) Number of household members; and
(iv) Statement signed by the household certifying that the
household:
(A) Is in need of food assistance;
(B) Understands that misrepresentation of need, and the sale or
exchange of the donated food, are prohibited and could result in a
fine, imprisonment, or both;
(C) Is not residing in a shelter which provides food assistance;
and
(D) Is not receiving disaster food stamp benefits.
(d) Quantities and value of donated foods. The distributing agency
shall make donated foods available to approved disaster organizations
based on the caseload factor information provided by the disaster
organizations.
(e) Types of donated foods authorized for donation. Disaster
organizations providing food assistance under this Section are eligible
to receive donated foods under section 416, section 32, section 709,
section 4(a), and sections 412 and 413 of the Stafford Act.
(f) Summary report. Within 45 days following termination of the
disaster assistance, the distributing agency shall provide a summary
report to the appropriate FCSRO using Form FCS-292, Report of Coupon
Issuance and Commodity Distribution for Disaster Relief.
(g) Replacement. Distributing agencies which decide to seek
replacement of foods used from State and/or local inventories for
disaster assistance shall file their request in writing to the FCSRO
within 30 days following termination of the assistance. FCS will
replace such foods in instances when a request for replacement is
submitted within the required 30 days or sufficient justification
exists to waive the 30-day requirement.
4. Section 250.44 is revised to read as follows:
Sec. 250.44 Food assistance in situations of distress.
(a) Organizational eligibility. In situations of distress in which
needs for food assistance cannot be met under other provisions of this
Part, organizations (including agencies of State and Federal
government) may be eligible to receive donated foods for congregate
meal service or household distribution to victims of the situation of
distress. Applications submitted to the distributing agency for the
receipt and distribution of donated foods in accordance with paragraphs
(b)(2) and (c)(2) of this section shall be initially submitted in
writing if circumstances permit and, if not, confirmed in writing in a
timely manner. Both the applications and the written approval for the
use of USDA commodities shall be maintained in accordance with the
recordkeeping requirements of this Part.
(b) Congregate meal service. (1) Approval authority and duration.
Distributing agencies may review and approve applications for the
donation of foods for use in preparing congregate meals for a period
not to exceed 30 days for victims of situations of distress in
instances in which the need for such assistance meets the conditions of
paragraph (a) of the definition of situation of distress in Sec. 250.3.
Following approval of a request, distributing agencies shall report the
information listed in paragraph (b)(2) of this section to the
appropriate FCSRO within 24 hours. In instances when the distributing
agency extends the originally approved distribution period from less
than 30 days to the 30-day limit, it shall notify the FCSRO of such
extensions. Distributing agencies shall request approval from FCS, via
the appropriate FCSRO, for donations to exceed 30 days. Upon
determining that there is a need for the donation of foods for
congregate meals in instances other than those that meet the criteria
in paragraph (a) of the definition of situation of distress in
Sec. 250.3, the distributing agency shall forward applications to the
appropriate FCSRO for submission to FCS for prior approval. FCS will
determine the duration of such donations, taking into consideration the
magnitude of the situation. Determinations as to the length of
donations may be revised as developing circumstances dictate.
(2) Applications. (i) Organizations wishing to receive donated
foods for use in preparing meals shall submit applications to the
distributing agency. Applications shall, to the extent possible,
include the following information:
[[Page 8367]]
(A) Description of the situation of distress;
(B) Number of people requiring meals and congregate meal service
period; and
(C) Quantity and types of food needed.
(ii) In addition, information on the number and location of sites
providing meals shall be submitted to the distributing agency as such
sites are established.
(c) Household distribution.--(1) Approval authority and duration.
In instances in which the distributing agency has determined that the
distribution of donated foods to households is appropriate, the
distributing agency shall submit applications requesting approval for
such distributions to the appropriate FCSRO for submission to FCS for
approval. FCS will determine the duration of the donations, taking into
consideration the magnitude of the situation. Such determinations may
be revised as developing circumstances dictate.
(2) Applications. (i) Organizations wishing to receive and
distribute donated foods to households shall submit applications to the
distributing agency. Applications shall, to the extent possible,
include the following information:
(A) Description of the situation of distress;
(B) Explanation as to why the distribution of commodities to
households is warranted;
(C) Identification of the specific area(s) included in the request;
(D) Anticipated distribution period;
(E) Number of households expected to participate;
(F) Quantity and types of food needed for distribution;
(G) Statement of assurance that simultaneous disaster food stamp
benefits and commodity assistance will not be provided to individual
households; and
(H) Description of the system that will be implemented to prevent
dual participation.
(ii) In addition, information on the number and location of sites
shall be provided to the distributing agency as such sites are
established.
(3) Collection of household information. In a format prescribed by
the distributing agency, any entity (i.e., Federal, State, or local)
distributing donated foods to households in an area where the issuance
of disaster food stamp benefits has been approved shall, at a minimum,
collect the information listed below. Such information shall be
forwarded to the distributing agency and maintained by the distributing
agency in accordance with the recordkeeping requirements contained in
this part, except that such information may, at the discretion of the
distributing agency, be maintained by the organization distributing
commodities if such organization is an agency of the State government.
(i) Name of household member applying for assistance;
(ii) Address;
(iii) Number of household members; and
(iv) Statement signed by the household certifying that the
household:
(A) Is in need of food assistance;
(B) Understands that misrepresentation of need, and the sale or
exchange of the donated food are prohibited and could result in a fine,
imprisonment, or both;
(C) Is not residing in a shelter which provides food assistance;
and
(D) Is not receiving disaster food stamp benefits.
(d) Quantities and value of donated foods. The distributing agency
shall make donated foods available to eligible organizations based on
the caseload factor information provided by the organizations.
(e) Types of donated foods authorized for donation. Organizations
providing food assistance in situations of distress are eligible to
receive donated foods under section 416, section 32, section 709, and
section 4(a).
(f) Summary report. Within 45 days following termination of the
assistance, the distributing agency shall provide a summary report to
the appropriate FCSRO using Form FCS-292, Report of Coupon Issuance and
Commodity Distribution for Disaster Relief.
(g) Replacement. Distributing agencies which decide to seek
replacement of foods used from State and/or local inventories for
situations of distress shall file their request in writing to the FCSRO
within 30 days following termination of the assistance. FCS will
replace such foods to the extent that foods are available.
Dated: February 14, 1997.
William E. Ludwig,
Administrator.
[FR Doc. 97-4536 Filed 2-24-97; 8:45 am]
BILLING CODE 3410-30-U