
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7508]

 
                          TITLE 7--AGRICULTURE
 
                 CHAPTER 102--EMERGENCY FOOD ASSISTANCE
 
Sec. 7508. Authorization and appropriations

    (a)(1) There are authorized to be appropriated $50,000,000 for each 
of the fiscal years 1991 through 2002 for the Secretary to make 
available to the States 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 chapter and commodities 
secured from other sources. Funds appropriated under this paragraph for 
any fiscal year shall be allocated to the States on an advance basis, 
dividing such funds among the States in the same proportions as the 
commodities distributed under this chapter for such fiscal year are 
divided among the States. If a State agency is unable to use all of the 
funds so allocated to it, the Secretary shall reallocate such unused 
funds among the other States.
    (2) Each State shall make available to emergency feeding 
organizations in the State not less than 40 per centum of the funds 
provided as authorized in paragraph (1) that it has been allocated for a 
fiscal year, as necessary to pay for, or provide advance payments to 
cover, the direct expenses of the emergency feeding organizations for 
distributing commodities to needy persons, but only to the extent such 
expenses are actually so incurred by such organizations. As used in this 
paragraph, the term ``direct expenses'' includes costs of transporting, 
storing, handling, repackaging, processing, and distributing commodities 
incurred after they are received by the organization; costs associated 
with determinations of eligibility, verification, and documentation; 
costs of providing information to persons receiving commodities under 
this chapter concerning the appropriate storage and preparation of such 
commodities; costs involved in publishing announcements of times and 
locations of distribution; and costs of recordkeeping, auditing, and 
other administrative procedures required for participation in the 
program under this chapter. If a State makes a payment, using State 
funds, to cover direct expenses of emergency feeding organizations, the 
amount of such payment shall be counted toward the amount a State must 
make available for direct expenses of emergency feeding organizations 
under this paragraph.
    (3) States to which funds are allocated for a fiscal year under this 
subsection shall submit financial reports to the Secretary, on a regular 
basis, as to the use of such funds. No such funds may be used by States 
or emergency feeding organizations for costs other than those involved 
in covering the expenses related to the distribution of commodities by 
emergency feeding organizations.
    (4)(A) Except as provided in subparagraph (B), effective January 1, 
1987, to be eligible to receive funds under this subsection, a State 
shall provide in cash or in kind (according to procedures approved by 
the Secretary for certifying these in-kind contributions) from non-
Federal sources a contribution equal to the difference between--
        (i) the amount of such funds so received; and
        (ii) any part of the amount allocated to the State and paid by 
    the State--
            (I) to emergency feeding organizations; or
            (II) for the direct expenses of such organizations;

    for use in carrying out this chapter.

    (B)(i) Except as provided in clause (ii), subparagraph (A) shall 
apply to States beginning on January 1, 1987.
    (ii) If the legislature of a State does not convene in regular 
session before January 1, 1987, paragraph (1) shall apply to such State 
beginning on October 1, 1987.
    (C) Funds allocated to a State under this section may, upon State 
request, be allocated before States satisfy the matching requirement 
specified in subparagraph (A), based on the estimated contribution 
required. The Secretary shall periodically reconcile estimated and 
actual contributions and adjust allocations to the State to correct for 
overpayments and underpayments.
    (5) States may not charge for commodities made available to 
emergency feeding organizations, and may not pass on to such 
organizations the cost of any matching requirements, under this chapter.
    (b) The value of the commodities made available under this chapter 
and the funds of the Corporation used to pay the costs of initial 
processing, packaging (including forms suitable for home use), and 
delivering commodities to the States shall not be charged against 
appropriations made or authorized under this section.

(Pub. L. 98-8, title II, Sec. 204, Mar. 24, 1983, 97 Stat. 35; Pub. L. 
98-92, Sec. 2(6), Sept. 2, 1983, 97 Stat. 610; Pub. L. 99-198, title XV, 
Sec. 1569, Dec. 23, 1985, 99 Stat. 1592; Pub. L. 100-77, title VIII, 
Sec. 813, July 22, 1987, 101 Stat. 537; Pub. L. 100-435, title I, 
Secs. 103(a)-(c), 105(a), Sept. 19, 1988, 102 Stat. 1647, 1650; Pub. L. 
101-624, title XVII, Sec. 1772(c), (d), Nov. 28, 1990, 104 Stat. 3808, 
3809; Pub. L. 104-127, title IV, Sec. 403(a), Apr. 4, 1996, 110 Stat. 
1029; Pub. L. 104-193, title VIII, Sec. 871(c), (e)(2), Aug. 22, 1996, 
110 Stat. 2345.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-193, Sec. 871(e)(2), made technical 
amendment to reference in original act which appears in text as 
reference to ``this chapter'' in second sentence of par. (1), in second 
sentence of par. (2) immediately before concluding period, and in 
concluding provisions of par. (4)(A).
    Subsec. (a)(1). Pub. L. 104-193, Sec. 871(c), in first sentence, 
substituted ``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 chapter and commodities secured from other sources'' for 
``for State and local payments for costs associated with the 
distribution of commodities by emergency feeding organizations under 
this chapter'' and struck out at end ``States may also use funds 
provided under this paragraph to pay for the costs associated with the 
distribution of commodities under the program authorized under section 
110 of the Hunger Prevention Act of 1988 [section 110 of Pub. L. 100-
435, set out above], and to pay for the costs associated with the 
distribution of additional commodities provided pursuant to section 7515 
of this title''.
    Pub. L. 104-127 substituted ``2002'' for ``1995'' in first sentence.
    1990--Subsec. (a). Pub. L. 101-624, Sec. 1772(c)(1), (2), 
redesignated subsec. (c) as (a) and struck out former subsec. (a) which 
read as follows: ``There is appropriated for the period ending September 
30, 1983, $50,000,000 for the Secretary to make available to the States 
for storage and distribution costs, of which not less than $10,000,000 
shall be made available for paying the actual costs incurred by 
charitable institutions, food banks, hunger centers, soup kitchens, and 
similar nonprofit organizations providing nutrition assistance to 
relieve situations of emergency and distress through the provision of 
food to needy persons, including low-income and unemployed persons, 
provided that in no case shall such payments exceed five per centum of 
the value of commodities distributed by any such agency.''
    Subsec. (a)(1). Pub. L. 101-624, Sec. 1772(c)(3), substituted ``1991 
through 1995'' for ``ending September 30, 1986, through September 30, 
1990,''.
    Subsec. (a)(2). Pub. L. 101-624, Sec. 1772(d), inserted 
``repackaging, processing,'' after ``handling,'' in second sentence.
    Subsec. (b). Pub. L. 101-624, Sec. 1772(c)(1), (2), redesignated 
subsec. (d) as (b) and struck out former subsec. (b) which read as 
follows: ``There are hereby authorized to be appropriated $50,000,000 
for each of the fiscal years ending September 30, 1984, and September 
30, 1985, for the Secretary to make available to the States for storage 
and distribution costs of which not less than twenty per centum of the 
amount appropriated under this subsection in any fiscal year shall be 
made available for paying or providing advance payments to cover the 
actual costs incurred by charitable institutions, food banks, hunger 
centers, soup kitchens, and similar nonprofit eligible recipient 
agencies providing nutrition assistance to relieve situations of 
emergency and distress through the provision of food to needy persons, 
including low-income and unemployed persons: Provided, That in no case 
shall such payments exceed five per centum of the value of commodities 
distributed by any such agency.''
    Subsecs. (c), (d). Pub. L. 101-624, Sec. 1772(c)(2), redesignated 
subsecs. (c) and (d) as (a) and (b), respectively.
    1988--Subsec. (c)(1). Pub. L. 100-435, Sec. 105(a), inserted at end 
``States may also use funds provided under this paragraph to pay for the 
costs associated with the distribution of commodities under the program 
authorized under section 110 of the Hunger Prevention Act of 1988, and 
to pay for the costs associated with the distribution of additional 
commodities provided pursuant to section 7515 of this title.''
    Pub. L. 100-435, Sec. 103(a), substituted ``through September 30, 
1990'' for ``through September 30, 1988'' in first sentence.
    Subsec. (c)(2). Pub. L. 100-435, Sec. 103(b), (c), in first 
sentence, substituted ``40'' for ``20'' and, in second sentence, 
inserted ``costs of providing information to persons receiving 
commodities under this chapter concerning the appropriate storage and 
preparation of such commodities;'' after ``documentation;''.
    1987--Subsec. (c)(1). Pub. L. 100-77 substituted ``through September 
30, 1988'' for ``and September 30, 1987'' in first sentence.
    1985--Subsecs. (c), (d). Pub. L. 99-198 added subsec. (c) and 
redesignated former subsec. (c) as (d).
    1983--Subsecs. (b), (c). Pub. L. 98-92 added subsec. (b), designated 
former last sentence of subsec. (a) as (c), and substituted therein 
``appropriations made or authorized under this section'' for ``this 
appropriation''.


                    Effective Date of 1990 Amendment

    Amendment by section 1772(c) of Pub. L. 101-624 effective Oct. 1, 
1990, and amendment by section 1772(d) of Pub. L. 101-624 effective Nov. 
28, 1990, see section 1781(b)(1), (2) of Pub. L. 101-624, set out as a 
note under section 2012 of this title.


                    Effective Date of 1988 Amendment

    Amendment by section 103(a)-(c) of Pub. L. 100-435 to be effective 
and implemented on Sept. 19, 1988, and amendment by section 105(a) of 
Pub. L. 100-435 to be effective and implemented on Oct. 1, 1988, see 
section 701(a), (b)(1) of Pub. L. 100-435, set out as a note under 
section 2012 of this title.


                    Effective Date of 1983 Amendment

    Section 2 of Pub. L. 98-92 provided in part that the amendment made 
by that section is effective Oct. 1, 1983.
