7 U.S.C. § 7514 — Incorporation of additional commodities

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(e)(3), Aug. 22, 1996, 110 Stat. 2345.) Editorial Notes 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 provi- sions similar to the current provisions for specific fis- cal 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 pe- riod 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 Sep- tember 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 end- ing 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective and imple- mented first day of month beginning 120 days after pub- lication 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 amend- ment 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 effec- tive Oct. 1, 1983. § 7513. Finality of determinations Determinations made by the Secretary of Ag- riculture under this chapter and the facts con- stituting the basis for any donation of commod- ities under this chapter, or the amount thereof, when officially determined in conformity with the applicable regulations prescribed by the Sec- retary, 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.) Statutory Notes and Related Subsidiaries 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 com- modities purchased by the Secretary under sec- tion 7515 of this title to be distributed to States for use in such States by emergency feeding or- ganizations, as defined in section 7501(1) 1 of this title. Such additional commodities, to the ex- tent 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 commod- ities made available to emergency feeding orga- nizations 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.) Editorial Notes REFERENCES IN TEXT Section 7501 of this title, referred to in subsec. (a), was subsequently amended, and section 7501(1) no Page 2050 TITLE 7—AGRICULTURE § 7515 longer defines the term ‘‘emergency feeding organiza- tion’’. However, such term is defined elsewhere in that section. Statutory Notes and Related Subsidiaries 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 num- ber 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 fis- cal 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 Sec- retary if such State determines that it will not accept any or all of the commodities made available under such allocation. On such a noti- fication by a State, the Secretary shall reallo- cate and distribute the amount the State was al- located 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 is appropriate and the Sec- retary shall reallocate and distribute such allo- cation. In the event of any drought, flood, hurri- cane, or other natural disaster affecting sub- stantial 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 re- allocate commodities to which each such unaf- fected 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), or re- allocated under subsection (b), before Decem- ber 31 of the following fiscal year. (2) Entitlement Each State shall be entitled to receive the value of additional commodities determined under subsection (a). (d) Maintenance of effort If a State uses its own funds to provide com- modities or services to organizations receiving funds or services under this section, such State shall not diminish the level of support it pro- vides 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.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–193, § 871(d)(1), (2), redes- ignated 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), redesig- nated subsec. (g) as (b), substituted ‘‘subsection (a),’’ for ‘‘subsection (f) of this section or subsection (j) of this section if applicable,’’ and ‘‘subsection (a)’’ 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 pur- chased 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 re- allocated under subsection (g) of this section, or cal- culated under subsection (j) of this section if applica- ble, before the end of such fiscal year. Each State shall be entitled to receive that value of additional commod- ities 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 author- ized Secretary to purchase additional commodities to supplement commodities otherwise provided under pro- gram authorized by this chapter. Subsec. (d). Pub. L. 104–193, § 871(d)(5), struck out ‘‘or reduce the amount of funds available for other nutri- tion 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 sub- sec. (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), redesig- nated subsecs. (f) to (i) as (a) to (d), respectively. Subsec. (j). Pub. L. 104–193, § 871(d)(1), struck out sub- sec. (j) which authorized Secretary to promulgate new