Sec. 871. EMERGENCY FOOD ASSISTANCE PROGRAM

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## SEC. 871 EMERGENCY FOOD ASSISTANCE PROGRAM ###

(a)Definitions Section 201A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: > > ## “SEC. 201A DEFINITIONS > > “In this Act: > > > #### “(1) Additional commodities > > The term ‘**additional commodities**’ means commodities made available under section 214 in addition to the commodities made available under sections 202 and 203D. > > > #### “(2) Average monthly number of unemployed persons > > The term ‘**average monthly number of unemployed persons**’ means the average monthly number of unemployed persons in each State during the most recent fiscal year for which information concerning the number of unemployed persons is available, as determined by the Bureau of Labor Statistics of the Department of Labor. > > > #### “(3) Eligible recipient agency > > The term ‘**eligible recipient agency**’ means a public or nonprofit organiza-tion that— > > > ##### “(A) > > administers— > > > ###### “(i) > > an emergency feeding organization; > > > ###### “(ii) > > a charitable institution (including a hospital and a retirement home, but excluding a penal institution) to the extent that the institution serves needy persons; > > > ###### “(iii) > > a summer camp for children, or a child nutrition program providing food service; > > > ###### “(iv) > > a nutrition project operating under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), including a project that operates a congregate nutrition site and a project that provides home-delivered meals; or > > > ###### “(v) > > a disaster relief program; > > > ##### “(B) > > has been designated by the appropriate State agency, or by the Secretary; and > > > ##### “(C) > > has been approved by the Secretary for participation in the program established under this Act. > > > #### “(4) Emergency feeding organization > > The term ‘**emergency feeding organization**’ means a public or nonprofit organization that administers activities and projects (including the activities and projects of a charitable institution, a food bank, a food pantry, a hunger relief center, a soup kitchen, or a similar public or private nonprofit eligible recipient agency) providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. > > > #### “(5) Food bank > > The term ‘**food bank**’ means a public or charitable institution that maintains an established operation involving the provision of food or edible commodities, or the products of food or edible commodities, to food pantries, soup kitchens, hunger relief centers, or other food or feeding centers that, as an integral part of their normal activities, provide meals or food to feed needy persons on a regular basis. > > > #### “(6) Food pantry > > The term ‘**food pantry**’ means a public or private nonprofit organization that distributes food to low-income and unemployed households, including food from sources other than the Department of Agriculture, to relieve situations of emergency and distress. > > > #### “(7) Poverty line > > The term ‘**poverty line**’ has the meaning provided in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). > > > #### “(8) Soup kitchen > > The term ‘**soup kitchen**’ means a public or charitable institution that, as an integral part of the normal activities of the institution, maintains an established feeding operation to provide food to needy homeless persons on a regular basis. > > > #### “(9) Total value of additional commodities > > The term ‘**total value of additional commodities**’ means the actual cost of all additional commodities that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary). > > > #### “(10) Value of additional commodities allocated to each state > > The term ‘**value of additional commodities allocated to each State**’ means the actual cost of additional commodities allocated to each State that are paid by the Secretary (including the distribution and processing costs incurred by the Secretary).” > . ###

(b)State Plan Section 202A of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended to read as follows: > > ## “SEC. 202A STATE PLAN > > > ### “(a) In General > > To receive commodities under this Act, a State shall submit a plan of operation and administration every 4 years to the Secretary for approval. The plan may be amended at any time, with the approval of the Secretary. > > > ### “(b) Requirements > > Each plan shall— > > > #### “(1) > > designate the State agency responsible for distributing the commodities received under this Act; > > > #### “(2) > > set forth a plan of operation and administration to expeditiously distribute commodities under this Act; > > > #### “(3) > > set forth the standards of eligibility for recipient agencies; and > > > #### “(4) > > set forth the standards of eligibility for individual or household recipients of commodities, which shall require— > > > ##### “(A) > > individuals or households to be comprised of needy persons; and > > > ##### “(B) > > individual or household members to be residing in the geographic location served by the distributing agency at the time of applying for assistance. > > > ### “(c) State Advisory Board > > The Secretary shall encourage each State receiving commodities under this Act to establish a State advisory board consisting of representatives of all entities in the State, both public and private, interested in the distribution of commodities received under this Act.” > . ###

(c)Authorization of Appropriations for Administrative Funds Section 204(a)(1) of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— ####

(1)in the first sentence, by striking “for State and local” and all that follows through “under this title” and inserting “to pay for the direct and indirect administrative costs of the States related to the processing, transporting, and distributing to eligible recipient agencies of commodities provided by the Secretary under this Act and commodities secured from other sources”; and ####

(2)by striking the fourth sentence. ###

(d)Delivery of Commodities Section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— ####

(1)by striking subsections

(a)through

(e)and (j); ####

(2)by redesignating subsections

(f)through

(i)as subsections

(a)through (d), respectively; ####

(3)in subsection (b), as redesignated by paragraph (2)— #####

(A)in the first sentence, by striking “subsection

(f)or subsection

(j)if applicable,” and inserting “subsection (a),”; and #####

(B)in the second sentence, by striking “subsection (f)” and inserting “subsection (a)”; ####

(4)by striking subsection (c), as redesignated by paragraph (2), and inserting the following: > > ### “(c) Administration > > > #### “(1) In general > > Commodities made available for each fiscal year under this section shall be delivered at reasonable intervals to States based on the grants calculated under subsection (a), or reallocated under subsection (b), before December 31 of the following fiscal year. > > > #### “(2) Entitlement > > Each State shall be entitled to receive the value of additional commodities determined under subsection (a).” > ; and ####

(5)in subsection (d), as redesignated by paragraph (2), by striking “or reduce” and all that follows through “each fiscal year”. ###

(e)Technical Amendments The Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note) is amended— ####

(1)in the first sentence of section 203B(a), by striking “203 and 203A of this Act” and inserting “203A”; ####

(2)in section 204(a), by striking “title” each place it appears and inserting “Act”; ####

(3)in the first sentence of section 210(e), by striking “(except as otherwise provided for in section 214(j))”; and ####

(4)by striking section 212. ###

(f)Report on EFAP Section 1571 of the Food Security Act of 1985 (Public Law 99–198; 7 U.S.C. 612c note) is repealed. ###

(g)Availability of Commodities Under the Food Stamp Program The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), as amended by section 854(a), is amended by adding at the end the following: > > ## “SEC. 27 AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM > > > ### “(a) Purchase of Commodities > > From amounts made available to carry out this Act, for each of fiscal years 1997 through 2002, the Secretary shall purchase $100,000,000 of a variety of nutritious and useful commodities of the types that the Secretary has the authority to acquire through the Commodity Credit Corporation or under section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (7 U.S.C. 612c), and distribute the commodities to States for distribution in accordance with section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note). > > > ### “(b) Basis for Commodity Purchases > > In purchasing commodities under subsection (a), the Secretary shall, to the extent practicable and appropriate, make purchases based on— > > > #### “(1) > > agricultural market conditions; > > > #### “(2) > > preferences and needs of States and distributing agencies; and > > > #### “(3) > > preferences of recipients.” > . ###

(h)Effective Date **[**[7 U.S.C. 612c note](/us/usc/t7/s612c)**]** The amendments made by subsection

(d)shall become effective on October 1, 1996.

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