[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
[Proposed Rules]
[Pages 62999-63006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29923]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 /
Proposed Rules
[[Page 62999]]
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: Proposed rule.
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SUMMARY: This rule proposes to amend the provisions of the Food
Distribution Program Regulations that relate to food assistance
provided in response to Presidentially declared disasters and
emergencies and in other situations of distress. The proposals
contained in this rule address: (1) Simultaneous issuance of
commodities and food stamps in a disaster; (2) distribution of
commodities to households in situations of distress; (3) authorization
for providing commodity assistance; (4) reporting requirements; and (5)
the replacement of commodities. In addition, revised definitions are
being proposed 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.
DATES: To be assured of consideration, comments must be postmarked on
or before February 6, 1996.
ADDRESSES: Comments should be sent to: Lillie Ragan, Section Head,
Household Programs Section, Policy and Program Development 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. Comments in response to this rule may
be inspected at 3101 Park Center Drive, Room 502, Alexandria, Virginia,
during normal business hours (8:30 a.m. to 5 p.m.), Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: Lillie Ragan at the above address or
telephone (703) 305-2661.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed 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 would
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 would 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).
Information Collection
This proposed rule contains information collection requirements
which are subject to review and approval by the Office of Management
and Budget (OMB). As required by section 3504(h) of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3504(h)), FCS has submitted a copy of
this proposed rule to OMB for review of these information collection
requirements. The title, description, and respondent description of the
information collections are shown below with an estimate of the annual
reporting and recordkeeping burdens.
Title: Commodity Assistance to Households in Disasters and
Situations of Distress.
Description: In instances when the Food Stamp Program is in
operation and commodities are being made available for distribution to
households, this proposed rule increases the reporting and
recordkeeping burden by requiring the collection of the following
minimal information from each household receiving commodities during
Presidentially declared disasters and other situations of distress: (1)
name of one household member; (2) address; (3) number of persons in the
household; and (4) a signed statement of assurance that the household
is not receiving food stamp benefits. Such information is necessary in
that it can be used by local organizations involved in the distribution
of commodities to determine if a household is receiving food stamp
benefits, thus significantly reducing the possibility of both food
stamp and commodity assistance being provided to households
simultaneously.
The reporting and recordkeeping requirements identified below have
been submitted to OMB for approval and are not effective until such
approval is obtained. The new information collection requirements will
not become effective until OMB has assigned a control number. Current
reporting and recordkeeping requirements for disaster assistance were
approved under Control Number 0584-0037.
Description of Respondents: Relief organizations, households
receiving commodities for home consumption in Presidentially declared
disasters and other situations of distress when the situation warrants.
[[Page 63000]]
Food Assistance in Disaster and Distress Situations Description of Respondent's Estimated Annual Reporting and
Recordkeeping Burden
----------------------------------------------------------------------------------------------------------------
Annual Annual Average
Section 7 CFR part Number frequency burden per Annual
respondents response hours burden
----------------------------------------------------------------------------------------------------------------
7 CFR 250.43:
Previous................................................ 0 0 0 0
Proposed................................................ 1000 1 .020 20
7 CFR 250.44:
Previous................................................ 0 0 0 0
Proposed................................................ 1000 1 .020 20
----------------------------------------------------------------------------------------------------------------
Total Previous Burden Hours: 0; Total Proposed Burden Hours: 66; Total Difference: +66.
Executive Order 12778
This proposed 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
of the final rule. 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
On October 13, 1994, the President signed the Federal Crop
Insurance Reform and Department of Agriculture Reorganization Act of
1994, Pub. L. 103-354. One of the provisions of the Act eliminated the
Food and Nutrition Service (FNS) and replaced it with the Food and
Consumer Service (FCS). Therefore, references to FNS throughout this
proposed rule have been changed to FCS. References to FNS in the
remainder of 7 CFR Part 250 will be changed through rulemaking at a
later date.
The Department makes commodities available for use in providing
food assistance to victims of disasters and emergencies, and to those
in situations of distress, in accordance with authority contained in
several statutes. Donated commodities are made available for use in
providing food assistance to victims of Presidentially declared
disasters and emergencies in accordance with the provisions contained
in sections 412 and 413 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (DREAA). DREAA was formerly known as ``The
Disaster Relief Act of 1974.'' It was amended and its title changed to
DREAA by Public Law 100-707 (November 23, 1988), the Disaster Relief
and Emergency Assistance Amendments of 1988.
Donated commodities are made available for use in non-
Presidentially declared emergencies (i.e., situations of distress) in
accordance with section 32 of the Act of August 24, 1935, section 416
of the Agricultural Act of 1949, and section 4(a) of the Agriculture
and Consumer Protection Act of 1973.
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 or
emergency, and in situations of distress.
As discussed in detail below, some proposals contained in this
proposed rule reflect amendments which have been made to the
authorizing legislation. This proposed rule also includes regulatory
changes recommended by the Task Force for Disaster Preparedness
established by the Department of Agriculture (USDA or 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
are proposed in this rule under the discretionary authority granted to
the Secretary by section 32 of the Act of August 24, 1935, section 416
of the Agricultural Act of 1949, and the DREAA. The discretionary
changes are part of the Department's effort to ensure that commodity
assistance is made available to victims of disasters, emergencies and
situations of distress in the most efficient and effective manner
possible while maintaining the integrity of the program.
Definitions
Section 250.3 of the current regulations contains definitions of
``Emergency'' and ``Major Disaster'' derived from the Disaster Relief
Act of 1974 (now ``DREAA''). Pub. L. 100-707 amended the Disaster
Relief Act of 1974 to revise these definitions.
The DREAA defines ``Emergency'' as ``any 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.''
A ``Major Disaster'' is defined under the DREAA as ``any natural
catastrophe (including any hurricane, tornado, storm, flood, 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
DREAA 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.''
The majority of the general public is not familiar with the
specific terms contained in the DREAA (i.e. ``Emergency'' and ``Major
Disaster''). Furthermore, this rulemaking establishes no distinctions
between the situations these terms represent regarding types of
benefits or procedures for authorizing, utilizing, reporting on
utilization of, or replacing commodities. Therefore, this rule proposes
to: (1) add to Section 250.3 the term ``Disaster,'' which would
incorporate the definitions of ``Emergency'' and ``Major Disaster''
contained in the DREAA; and (2) delete the terms ``Emergency'' and
``Major
[[Page 63001]]
Disaster'' currently contained in Section 250.3. These proposed
revisions would not impact on program operations or benefits in any
way.
The key distinction between disasters and situations of distress
with regard to food assistance is whether a Presidential declaration is
made. However, there is no definition of ``Situation of Distress''
under Section 250.3 of the current regulations to make this distinction
immediately clear.
Therefore, this rule also proposes to amend Section 250.3 to add a
definition for ``Situation of Distress.'' Under this proposal, a
``Situation of Distress'' is defined as ``(1) 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 an emergency or disaster, but which, in the judgment of
a State distributing agency, warrants the use of USDA commodities for
congregate feeding; and (2) any other situation not declared by the
President to be an emergency or disaster, but which, in the judgment of
FCS, warrants the use of USDA commodities for congregate feeding or
household distribution.'' This proposed definition will: (1) clarify
that a situation of distress lacks a Presidential declaration; and (2)
clearly identify those situations in which State distributing agencies
can independently initiate USDA commodity assistance, on the one hand,
and those in which prior approval by FCS is required.
Reference to the Disaster Relief Act of 1974
The Disaster Relief Act of 1974 is referenced in Sections 250.43(a)
and 250.43(e) of the current regulations. Following publication of the
regulations, the Disaster Relief Act of 1974 was amended and renamed
the DREAA. Therefore, this rule proposes to amend Section 250.43(e) to
remove the outdated reference and replace it with a reference to the
DREAA, and proposes to remove all reference to any statutory authority
in Section 250.43(a) since such reference is unnecessary.
Distribution of Commodities to Households in Presidentially Declared
Disaster Areas
This section of the preamble addresses ``disasters,'' the proposed
definition for which encompasses only situations in which a
Presidential declaration has been issued. ``Situations of distress,''
proposed to be defined as situations lacking a Presidential
declaration, are discussed later in this preamble.
On August 19, 1985, an overall revision of Part 250 was published
as a proposed rule in the Federal Register (50 FR 33470). Section
250.43 of the proposed rule limited the distribution of commodities to
households residing in areas served by the Food Stamp Program to those
instances in which commercial channels of trade have been disrupted due
to a major disaster or emergency.
Approval of requests to make commodities available for distribution
to households was made contingent upon commercial channels of trade
having been disrupted because it is in these circumstances that
households would have no way of using food stamps. Thus, such a
contingency would ensure that commodity and food stamp assistance would
not be provided in any area simultaneously, thereby eliminating any
possibility of households receiving dual benefits.
In general, commenters on the proposed rule of August 1985 opposed
limiting the distribution of commodities to households in this manner.
However, the interim rule published in the Federal Register on June 3,
1988, (53 FR 20416) retained the provision as proposed on the premise
that in instances in which commercial channels of trade are intact,
nutritional needs of disaster victims can be met through the Food Stamp
Program.
Since implementation of the interim rule, several disasters have
occurred in response to which the Department provided food assistance.
This experience, and recommendations of the Task Force for Disaster
Preparedness, have led the Department to reevaluate the current
regulatory provisions. While the Department still believes that the
Food Stamp Program should be the primary food assistance program for
disaster victims whenever commercial channels of trade are intact, it
also acknowledges that there are instances in which such facilities
remain in operation yet are inaccessible to some disaster victims. For
example, where roads have been heavily damaged or flooded, some
individuals residing in households in that area may not be able to
reach food stamp certification offices or local grocery stores. They
may, however, have access to emergency commodity distribution sites
strategically located in response to the specific situation.
Therefore, in accordance with the discretionary authority provided
under the DREAA, to facilitate reasonable access to food assistance for
all disaster victims, this rule proposes to amend Section 250.43 of the
current regulations to establish FCS's authority to permit distribution
of commodities to households regardless of whether commercial channels
of trade have been disrupted or the Food Stamp Program is in operation
in instances in which such distributions are warranted. However, the
Department believes that most disaster situations will not warrant the
simultaneous operation of the Food Stamp Program and a household
commodity distribution program in the same area.
Submission of Requests
Section 250.43(c) of the current regulations requires that
distributing agencies submit requests to the appropriate FCS Regional
Office (FCSRO) for approval prior to making commodities available for
distribution to households. However, the process for approving such
requests has not been clearly understood.
While the regulations require submission of such requests to the
appropriate FCSRO, the requests are forwarded to FCS Headquarters for
actual approval. In an effort to eliminate any confusion regarding the
approval process, this rule proposes to revise Section 250.43(c) to
require that requests be submitted to the FCSRO for forwarding to FCS
for approval. Since the FCSRO is typically very close to or on the
scene of a disaster, the FCSRO will be expected to submit a
recommendation to FCS along with the application for use in making
appropriate determinations. In addition, this rule proposes to revise
this section to clarify the information currently required to be
submitted as part of such requests.
This rule also proposes to apply information requirements
established under current rules for approval to make household
distributions in situations when commercial channels of trade have been
disrupted to situations in which commercial channels are intact. The
proposal would also establish additional requirements in both types of
situations. In addition to the information distributing agencies are
currently required to submit when requesting approval for the
distribution of commodities to households, requests would be required
to include, at a minimum, the following information: (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
[[Page 63002]]
system that will be implemented to prevent dual participation.
Submission of such information is necessary in order for FCS to
determine if the situation warrants the simultaneous distribution of
food stamps and commodities and to ensure that the State has a viable
system to prevent dual benefits from being provided to households.
Collection of Household Information
While various forms have been developed by States for use in
collecting household data, current regulations contain no provisions
concerning the collection of information from households for the
receipt of donated foods during a disaster. Under the provisions
contained in this proposed rule, food stamp benefits can be issued and
commodities distributed for home consumption in areas where it has been
determined by the Department that the situation warrants such
simultaneous operations. However, the Department is concerned that in
such instances food stamp benefits and commodities may be provided to
the same household simultaneously. In an effort to ensure that
information necessary to prevent the issuance of dual benefits and for
establishing and pursuing claims action is available, this rule
proposes to amend section 250.43(c) to require that organizations
distributing donated foods to households in areas where the Food Stamp
Program is in operation obtain, at a minimum, the name of the household
member applying for assistance, number of members in the household, and
the household's address. Such information must be recorded in whatever
format the State deems appropriate.
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 adult member of the household
applying for benefits to the effect that the household: (1) Is in need
of food assistance as a result of the disaster; (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 food stamp assistance. While the intent of this signed
statement is to prevent applicants from receiving duplicative food
assistance benefits, it should be reasonably interpreted in the context
of the individual case. For example, a household which applies for
commodity assistance en route from a shelter where food assistance was
provided to reoccupy its permanent residence should not be considered
to be ``residing in a shelter.'' The signing of such statements will
ensure that households understand the conditions under which the food
assistance is being provided. Such statements will also provide further
support for pursuing a claim against a household in instances in which
both food stamp and commodity assistance were provided. Under the
proposal, all signed statements must be provided to the distributing
agency unless the organization distributing the commodities is an
agency of the State. At the discretion of the distributing agency, non-
State agencies may be assigned responsibility of retaining such
statements rather than forwarding them to the State.
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. This course of action is preferred since the
recordkeeping requirements that would have to be imposed on a disaster
organization to ensure availability of information necessary to
establish a claim for the value of commodities would be significant,
while recording the value of the food stamp benefit provided is already
required and much less time consuming.
There have been instances in past years in which other Federal
agencies have been involved in providing food assistance to disaster
victims with USDA commodities. Questions were raised as to whether
these agencies were subject to the requirements set forth for disaster
situations. In instances in which it has been determined that the
collection of certain information is necessary and the regulations
contain information collection requirements, all organizations,
regardless of the type, must comply with the requirements. This
proposed rule will clarify that any entity, including Federal, State,
and local agencies, involved in the distribution of USDA commodities
must comply with all such regulatory requirements. In addition, this
proposed rule will clarify that State and Federal agencies can act as a
disaster organization in providing food assistance during disasters and
situations of distress.
Replacement of Commodities
Section 250.43(g) of the current regulations states that USDA
commodities used from the State's inventory for a major disaster or
emergency will be replaced by FCS to the extent that foods are
available.
Section 413(b) of the DREAA authorizes the use of funds under
section 32 of the Act of August 24, 1935, to purchase food necessary to
provide adequate supplies for use in a major disaster or emergency.
This rule proposes to amend paragraph (g) of Section 250.43 to reflect
the statutory authority. This change will guarantee that USDA
commodities used by a State for disaster assistance are replaced,
provided that a timely request is submitted by the distributing agency.
Use of Commodities in Situations of Distress
The primary difference between a disaster and a situation of
distress, with regard to USDA food assistance, is that a situation of
distress is not of a magnitude to warrant an emergency or disaster
declaration by the President. This section of the preamble addresses
only such situations of distress.
Section 250.44 of the current regulations permits, upon approval by
the Secretary, the distribution of donated foods to organizations for
use in preparing meals in situations in which the need for food
assistance cannot be met through other provisions of Part 250
regulations. Prior to the overall revision of Part 250, which was
published as an interim rule in the Federal Register on June 3, 1988,
(53 FR 20416), the regulations also permitted the Department to
authorize distribution of commodities to households in all such
situations. In drafting the overall revision, the Department decided to
delete those provisions relative to household distribution in
situations of distress on the premise that food assistance to
households can be provided through the Food Stamp Program.
Since implementation of the interim rule, the Department has
determined that the Food Stamp Program may not be able to meet the
nutritional needs of all affected households in situations of distress.
For example, it may not be possible for some households to obtain food
stamp benefits due to certain eligibility requirements, such as
resource limits on the value of vehicles, or citizenship. In addition,
there may be instances in which certain areas are hard hit by a non-
Presidentially declared disaster (i.e., situation of distress) and
using food stamps is not feasible because commercial channels of trade
in those particular areas are disrupted.
Therefore, to ensure that food assistance can be made available to
households in these types of situations,
[[Page 63003]]
this rule proposes to revise Section 250.44 to reinstate the
Department's authority to permit the distribution of commodities to
households in situations of distress. This discretionary authority is
afforded the Secretary under section 416 of the Agricultural Act of
1949, and section 32 of the Act of August 24, 1935.
Section 250.44 is being revised instead of Section 250.43, which
sets forth provisions relative to disasters, in order to clarify and
underscore the different treatment of Presidentially declared
``disasters,'' on the one hand, and ``situations of distress,'' on the
other.
Submission of Requests
Section 250.44 of the current regulations requires that all
requests for the donation of commodities for use in situations of
distress be submitted for approval by the Secretary.
This rule proposes to revise Section 250.44 to delegate the
authority for approving requests for the donation of commodities for
use in congregate feeding to the distributing agency in instances in
which the need for such assistance meets the conditions of paragraph
(1) of the definition of ``Situation of Distress'' set forth in Section
250.3. Those instances include ``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 an emergency or disaster.'' This delegation of authority is
consistent with the delegation of authority contained in Section 250.43
for the use of commodities for congregate feeding in Presidentially
declared disasters. While the Department recognizes that instances
other than those included above may warrant the donation of commodities
for use in preparing congregate meals, such donations should be limited
to those situations where it can be determined that other traditional
Federal or State assistance programs cannot meet the needs of
individuals who have been adversely affected by the situation. Thus, in
an effort to ensure consistency in such determinations, Section 250.44
of this rule proposes to require that requests for the donation of
commodities for use in preparing congregate meals in instances when the
situation of distress does not fit the above criteria be submitted for
approval by FCS. Approval by FCS, instead of by the Secretary, will
facilitate expeditious handling of requests, while still maintaining an
appropriate level of oversight.
Section 250.44(c)(2) of this rule also proposes to require that
requests for the donation of commodities for distribution to households
in situations of distress, regardless of the type of situation, be
submitted for approval by FCS. The proposal would require this level of
approval in an effort to ensure that: (1) Such distributions are
limited to situations that warrant this type of assistance; and (2)
households will not be receiving food stamp and commodity assistance
simultaneously.
As discussed in the Definitions section earlier in this preamble,
for purposes of clarification, this rule also proposes to specify the
above-described approval authorities for congregate feeding and
household distribution, respectively, in the definition of ``Situation
of Distress'' contained in Section 250.3.
This rule also proposes to amend Section 250.44 to require that
organizations requesting the donation of commodities for use in
congregate meal service for victims of situations of distress provide
the following information to the distributing agency: (1) A description
of the distress situation; (2) number of people requiring meals; (3)
period of time for which the donations are being requested; and (4)
quantity and types of food needed. In addition, information on the
number and location of sites providing meals will be provided as sites
are established.
It is imperative that this information be provided so that FCS and
the distributing agency are able to determine if: (1) The donation of
commodities is warranted; (2) the amount and types of commodities
requested are appropriate for the situation; and (3) there is
sufficient food in inventory within the State to meet the needs of the
organizations. When the distributing agency has approved requests for
the donation of commodities for congregate feeding in accordance with
the delegation of authority prescribed above, it must forward this
information to the appropriate FCSRO.
This rule proposes to revise Section 250.44 to require that
requests to FCS for permission to distribute commodities to households
contain, at a minimum, the following information: (1) A description of
the situation; (2) an explanation as to why such distributions are
warranted; (3) period of time for which the request is being made; (4)
identification of the specific area(s) included in the request; (5)
number of households expected to participate; (6) quantity and types of
food needed; (7) a statement of assurance that both food stamp and
commodity assistance will not be provided to individual households
simultaneously; and (8) a description of the system that will be
implemented to prevent dual participation in the Food Stamp Program and
the commodity household distribution program. In addition, information
relative to the number and location of distribution sites must be
provided to FCS as sites are established.
Collection of Household Information
Section 250.44 is also revised in this proposed rule to require
that any entity, including Federal, State, and local agencies, involved
in the distribution of USDA commodities comply with the requirements
contained in Section 250.43(c) of this proposed rule regarding the
collection and submission of information (i.e., household information,
and statements of assurance). As with Presidentially declared
disasters, this information will be used to ensure that such
distributions are warranted and to enhance program accountability.
Submission of Form FNS-292
This rule proposes to incorporate in Section 250.44 a requirement
that distributing agencies submit a summary report to the FCSRO using
Form FNS-292, Report of Coupon Issuance and Commodity Distribution for
Disaster Relief, within 30 days following termination of the
distribution period. This requirement is being incorporated to ensure
timely reporting, strengthen program accountability, and facilitate
timely replacement of State inventories of USDA commodities in
instances in which replacement commodities are available.
Thirty-Day Restriction
Section 250.44 of the current regulations limits the distribution
of commodities in situations of distress to a period of 30 days.
However, it is the opinion of the Department that some situations of
distress may warrant a longer distribution period. Thus, this rule
proposes to amend Section 250.44 to permit the distribution of
commodities for longer periods of time when the situation warrants. In
instances in which the distributing agency approves the distribution of
commodities for use in preparing congregate meals, such approval may be
granted for a period not to exceed 30 days. Should the distributing
agency determine that the situation warrants a longer distribution
period, the distributing agency must submit a request to justify an
extension to FCS for
[[Page 63004]]
approval. These provisions will afford FCS increased flexibility in
responding to situations of distress, and at the same time ensure that
the use of USDA commodities in these situations is warranted.
In addition, this rule proposes to clarify in Section 250.44 that
the determination as to the appropriate period of time for which
commodities will be made available would be subject to revision as
developing circumstances dictate. In instances when the distributing
agency extends the distributions within the 30-day period discussed
above, it must notify the FCSRO of such extensions. Submission of this
information to the FCSRO is necessary to facilitate accurate
replacement of USDA commodities, as discussed below.
Replacement of Commodities
Section 250.44 of the current regulations does not contain
provisions relative to the replacement of the USDA commodities that
States use to provide assistance during a situation of distress. USDA
has limited funding to purchase commodities for use in providing food
assistance in situations of distress, and can also donate for this use
commodities purchased under price-support and surplus removal
authorities. Therefore, USDA commodities that are used from the State's
inventory for a situation of distress will be replaced at the request
of the distributing agency to the extent that inventories of price-
support and surplus-removal commodities permit. This rule proposes to
amend Section 250.44 to include this replacement policy. In addition,
to ensure timely submission of requests for replacement, this rule
proposes to incorporate a requirement that such requests be submitted
within 30 days following termination of the distributions.
The attached chart has been included in this preamble to assist
readers in understanding the basic provisions set forth in this
proposed rule.
Situation of
Disaster distress
Definition............ (1) any natural (1) a hurricane,
catastrophe (including tornado, storm,
any hurricane, tornado, flood, high water,
storm, flood, high water, wind-driven water,
wind-driven water, tidal tidal wave,
wave, tsunami, tsunami,
earthquake, volcanic earthquake,
eruption, landslide, volcanic eruption,
mudslide, snowstorm, landslide,
drought), or, regardless mudslide,
of cause, any fire, snowstorm, drought,
flood, or explosion, in fire, explosion, or
any part of the U.S., other natural
which in the catastrophe not
determination of the declared by the
President causes damage President to be an
of sufficient severity emergency or
and magnitude to warrant disaster, but
major disaster assistance which, in the
under the DREAA to judgment of the
supplement the efforts distributing
and available resources agency, warrants
of States, local the use of USDA
governments, and disaster commodities for
relief organizations in congregate feeding;
alleviating the damage, and (2) any other
loss, hardship, or situation not
suffering caused thereby; declared by the
or (2) any other occasion President to be an
or instance for which, in emergency or
the determination of the disaster, but
President, Federal which, in the
assistance is needed to judgment of FCS,
supplement State and warrants the use of
local efforts and USDA commodities
capabilities to save for congregate
lives and to protect feeding or
property and public household
health and safety, or to distribution.
lessen or avert the
threat of a catastrophe
in any part of the U.S.
----------------------------------------------------------------------------------------------------------------
Household Household
Food assistance authorized Congregate feeding distribution Congregate feeding distribution
----------------------------------------------------------------------------------------------------------------
Approval authority.............. State distributing FCS HQ............ If distress FCS HQ.
agency. situation in
accordance with
(1) in above
definition, State
distributing
agency;
Otherwise, FCS HQ.
Applicable sections of 250.43(b)......... 250.43(c)......... 250.44(b)......... 250.44(c).
regulations.
Household information required.. None.............. Name; Address; None.............. Name; Address;
Number in Number in
Household; Household;
Assurance Assurance
Statement re: Statement re:
need and dual need and dual
participation in participation in
food stamps; food stamps;
Signature (in Signature (in
instances when instances when
the Food Stamp the Food Stamp
Program is in Program is in
operation). operation).
Replacement of USDA commodities. Yes............... Yes............... To the extent To the extent
available. available.
----------------------------------------------------------------------------------------------------------------
List of Subjects
7 CFR Part 250
Aged, Agricultural commodities, Business and industry, Food
assistance programs, Food donations, Food processing, Grant programs-
social programs, Indian, Infants and children, Price support programs,
Reporting and recordkeeping requirements, School breakfast and lunch
programs, Surplus agricultural commodities.
Accordingly, 7 CFR Part 250 is proposed to be 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 continues to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 612c, 612 note, 612c note,
1431, 1431b, 1431e, 1431 note, 1446a-1, 1859; 15 U.S.C. 713c; 22
U.S.C. 1922; 42 U.S.C. 1755, 1758, 1760, 1761, 1762a, 1766, 3030a,
5179, 5180.
2. In Section 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, flood, high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, snowstorm,
drought), or, regardless of
[[Page 63005]]
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
Disaster Relief and Emergency Assistance 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 an emergency or
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 an
emergency or 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 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.
(2) Applications. Disaster organizations shall submit applications
for the receipt and distribution of donated foods for use in providing
congregate meal service to the distributing agency. Applications shall,
to the extent possible, include the following information.
(i) Description of disaster or emergency situation;
(ii) Number of people requiring meals;
(iii) Period of time for which commodities are requested; and
(iv) Quantity and types of food needed for congregate meal service.
In addition, organizations shall report the number and location of
sites providing congregate meal service as sites are established.
(c) Household distribution. (1) Approval authority and duration.
Distributing agencies shall submit applications for the distribution of
donated foods to households to the appropriate FCSRO for submission to
FCS for 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. Disaster organizations shall submit applications
for the receipt and distribution of donated foods to households to the
distributing agency. Applications shall, to the extent possible,
include the following information:
(i) Description of disaster or emergency situation;
(ii) Identification of the specific area(s) included in the
request;
(iii) Number of households affected;
(iv) Explanation as to why the distribution of commodities to
households is warranted;
(v) Anticipated distribution period;
(vi) Method of distribution available;
(vii) Quantity and types of food needed for distribution;
(viii) Statement of assurance that simultaneous food stamp and
commodity assistance will not be provided to individual households; and
(ix) Description of the system that will be implemented to prevent
dual participation.
Information on the number and location of sites where commodities
are to be distributed shall be provided as sites are established.
(3) Collection of household information. In instances in which the
Food Stamp Program is in operation, 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 food stamp assistance.
(d) Quantities and value of donated foods. The distributing agency
shall make donated foods available to eligible 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 Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5181-82).
(f) Summary report. Within 30 days following termination of the
disaster assistance, the distributing agency shall provide a summary
report to the appropriate FCSRO using Form FNS-
[[Page 63006]]
292, Report of Coupon Issuance and Commodity Distribution for Disaster
Relief.
(g) Replacement. The distributing agency shall request, in writing
to the FCSRO, the replacement of foods used for disaster assistance
within 30 days following termination of the assistance. FCS will
replace donated foods used from State and/or local inventories for
disaster assistance 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 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 Section
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 distribution period initially approved
up 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. Applications 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 Section 250.3 shall be forwarded by the
distributing agency to the appropriate FCSRO for submission to FCS for
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 shall submit applications for
the receipt and distribution of donated foods for use in providing
congregate meal service to the distributing agency. Applications shall,
to the extent possible, include the following information:
(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 as sites are established.
(c) Household distribution. (1) Approval authority and duration.
Applications for the donation of foods for distribution to households
shall be forwarded by the distributing agency 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. Organizations shall submit applications for the
receipt and distribution of donated foods to households to the
distributing agency. The distributing agency shall review and submit
applications to the appropriate FCSRO. Applications shall, to the
extent possible, include the following information:
(i) Description of the situation of distress;
(ii) Explanation as to why the distribution of commodities to
households is warranted;
(iii) Identification of the specific area(s) included in the
request;
(iv) Anticipated distribution period;
(v) Number of households expected to participate;
(vi) Quantity and types of food needed for distribution;
(vii) Statement of assurance that simultaneous food stamp and
commodity assistance will not be provided to individual households; and
(viii) Description of the system that will be implemented to
prevent dual participation.
In addition, information on the number and location of sites shall
be provided as 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 Food
Stamp Program is in operation 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 food stamp assistance.
(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 30 days following termination of the
assistance, the distributing agency shall provide a summary report to
the appropriate FCSRO using Form FNS-292, Report of Coupon Issuance and
Commodity Distribution for Disaster Relief.
(g) Replacement. The distributing agency shall request, in writing
to the FCSRO, the replacement of foods used for a situation of distress
within 30 days following termination of the assistance. FCS will
replace donated foods used from State and/or local inventories for
situations of distress to the extent that foods are available.
Dated: November 28, 1995.
William E. Ludwig,
Administrator.
[FR Doc. 95-29923 Filed 12-7-95; 8:45 am]
BILLING CODE 3410-30-U
