97-4536. Food Assistance in Disaster and Distress Situations  

  • [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
    
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    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,
    
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    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
    
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    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.
    
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        (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
    
    
    

Document Information

Effective Date:
4/28/1997
Published:
02/25/1997
Department:
Food and Consumer Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-4536
Dates:
This final rule is effective April 28, 1997.
Pages:
8361-8367 (7 pages)
RINs:
0584-AB55: Food Distribution Programs--Disaster Provisions
RIN Links:
https://www.federalregister.gov/regulations/0584-AB55/food-distribution-programs-disaster-provisions
PDF File:
97-4536.pdf
CFR: (3)
7 CFR 250.3
7 CFR 250.43
7 CFR 250.44