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7 U.S.C. § 7514 — Incorporation of additional commodities
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7515&num=0&edition=prelim) to be distributed to States for use in such States by emergency feeding organizations, as defined in section 7501(1) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7515&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-7/section-7514-incorporation-of-additional-commodities--62d020df8e.md
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Source location: Title 7, Chapter 102, § 7514; chapter-102-emergency-food-assistance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7515&num=0&edition=prelim) to be distributed to States for use in such States by emergency feeding organizations, as defined in section 7501(1) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7515&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the term:
**(a)** “Access device” means any card, plate, code, account number, or other means of access, including point of sale devices, that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under this chapter.
**(b)** “Allotment” means the total value of benefits a household is authorized to receive during each month.
**(c)** “Allowable medical expenses” means expenditures for (1) medical and dental care, (2) hospitalization or nursing care (including hospitalization or nursing care of an individual who was a household member immediately prior to entering a hospital or nursing home), (3) prescription drugs when prescribed by a licensed practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional, (4) health and hospitalization insurance policies (excluding the costs of health and accident or income maintenance policies), (5) medicare premiums related to coverage under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.], (6) dentures, hearing aids, and prosthetics (including the costs of securing and maintaining a seeing eye dog), (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure medical treatment or services, and (9) maintaining an attendant, homemaker, home health aide, housekeeper, or child care services due to age, infirmity, or illness.
**(d) Benefit.—** The term “benefi
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Federal law — U.S. Code and appendices · legal_authorities
**(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), 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) 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
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Additional commodities** — The term “additional commodities” means commodities made available under [section 7515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section7515&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3001&num=0&edition=prelim) 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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2049
TITLE 7—AGRICULTURE
§ 7514
1 So in original.
1 See References in Text note below.
(2) The actual types and quantities of com-
modities 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 com-
modity losses under the program under this
chapter in situations in which there is no evi-
dence 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 organi-
zations 1
(e) Final regulations
The Secretary is authorized to issue final reg-
ulations without first issuing proposed regula-
tions 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 reg-
ulations.
(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(
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