
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: 7USC7515]

 
                          TITLE 7--AGRICULTURE
 
                 CHAPTER 102--EMERGENCY FOOD ASSISTANCE
 
Sec. 7515. Allotment and delivery of commodities


(a) Mandatory allotments

    In each fiscal year, the Secretary shall allot--
        (1) 60 percent of the total value of additional commodities 
    provided to States in a manner such that the value of additional 
    commodities allocated to each State bears the same ratio to 60 
    percent of the total value of additional commodities as the number 
    of persons in households within the State having incomes below the 
    poverty line bears to the total number of persons in households 
    within all States having incomes below such poverty line, and each 
    State shall be entitled to receive such value of additional 
    commodities; and
        (2) 40 percent of the total value of additional commodities 
    provided to States in a manner such that the value of additional 
    commodities allocated to each State bears the same ratio to 40 
    percent of the total value of additional commodities as the average 
    monthly number of unemployed persons within the State bears to the 
    average monthly number of unemployed persons within all States 
    during the same fiscal year, and each State shall be entitled to 
    receive such value of additional commodities.

(b) Reallocation

    The Secretary shall notify each State of the amount of the 
additional commodities that such State is allotted to receive under 
subsection (a) of this section, and each State shall promptly notify the 
Secretary if such State determines that it will not accept any or all of 
the commodities made available under such allocation. On such a 
notification by a State, the Secretary shall reallocate and distribute 
the amount the State was allocated to receive under the formula 
prescribed in subsection (a) of this section but declined to accept. The 
Secretary shall further establish procedures to permit States to decline 
to receive portions of such allocation during each fiscal year as the 
State determines is appropriate and the Secretary shall reallocate and 
distribute such allocation. In the event of any drought, flood, 
hurricane, or other natural disaster affecting substantial numbers of 
persons in a State, county or parish, the Secretary may request that 
States unaffected by such a disaster consider assisting affected States 
by allowing the Secretary to reallocate commodities to which each such 
unaffected State is entitled to States containing areas adversely 
affected by the disaster.

(c) Administration

                           (1) In general

        Commodities made available for each fiscal year under this 
    section shall be delivered at reasonable intervals to States based 
    on the grants calculated under subsection (a) of this section, or 
    reallocated under subsection (b) of this section, 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) of this section.

(d) Maintenance of effort

    If a State uses its own funds to provide commodities or services to 
organizations receiving funds or services under this section, such State 
shall not diminish the level of support it provides to such 
organizations.

(Pub. L. 98-8, title II, Sec. 214, as added Pub. L. 100-435, title I, 
Sec. 104, Sept. 19, 1988, 102 Stat. 1648; amended Pub. L. 101-624, title 
XVII, Sec. 1772(g), (h)(1), Nov. 28, 1990, 104 Stat. 3809; Pub. L. 104-
127, title IV, Sec. 403(c), Apr. 4, 1996, 110 Stat. 1029; Pub. L. 104-
193, title VIII, Sec. 871(d), Aug. 22, 1996, 110 Stat. 2345.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-193, Sec. 871(d)(1), (2), 
redesignated subsec. (f) as (a) and struck out former subsec. (a) which 
provided for purpose of section.
    Pub. L. 104-127, Sec. 403(c)(1), substituted ``2002'' for ``1995''.
    Subsec. (b). Pub. L. 104-193, Sec. 871(d)(1)-(3), redesignated 
subsec. (g) as (b), substituted ``subsection (a) of this section,'' for 
``subsection (f) of this section or subsection (j) of this section if 
applicable,'' and ``subsection (a) of this section'' for ``subsection 
(f) of this section'', and struck out former subsec. (b) which provided 
definitions for section.
    Subsec. (c). Pub. L. 104-193, Sec. 871(d)(4), added subsec. (c) and 
struck out heading and text of former subsec. (c). Text read as follows: 
``Subject to subsections (e) and (f) of this section, or subsection (j) 
of this section if applicable, purchases under this section shall be 
made by the Secretary at such times and under such conditions as the 
Secretary determines appropriate within each fiscal year. All such 
commodities purchased for each such fiscal year shall be delivered at 
reasonable intervals to States based on the allotments calculated under 
subsection (f) of this section, or reallocated under subsection (g) of 
this section, or calculated under subsection (j) of this section if 
applicable, before the end of such fiscal year. Each State shall be 
entitled to receive that value of additional commodities that results 
from the application of the formula set forth in this section to the 
total value of additional commodities.''
    Pub. L. 104-193, Sec. 871(d)(1), (2), redesignated subsec. (h) as 
(c) and struck out former subsec. (c) which authorized Secretary to 
purchase additional commodities to supplement commodities otherwise 
provided under program authorized by this chapter.
    Subsec. (d). Pub. L. 104-193, Sec. 871(d)(5), struck out ``or reduce 
the amount of funds available for other nutrition programs in the State 
in each fiscal year'' after ``such organizations''.
    Pub. L. 104-193, Sec. 871(d)(1), (2), redesignated subsec. (i) as 
(d) and struck out former subsec. (d) which provided for types and 
varieties of commodities which could be purchased under this section.
    Subsec. (e). Pub. L. 104-193, Sec. 871(d)(1), struck out subsec. (e) 
which appropriated amounts through fiscal year 2002 for purchase of 
additional commodities under this section.
    Pub. L. 104-127, Sec. 403(c)(2), substituted ``2002'' for ``1995'' 
in two places.
    Subsecs. (f) to (i). Pub. L. 104-193, Sec. 871(d)(2), redesignated 
subsecs. (f) to (i) as (a) to (d), respectively.
    Subsec. (j). Pub. L. 104-193, Sec. 871(d)(1), struck out subsec. (j) 
which authorized Secretary to promulgate new formula for allocation of 
additional commodities to States.
    1990--Subsec. (a). Pub. L. 101-624, Sec. 1772(g)(1), substituted 
``fiscal years 1991 through 1995'' for ``fiscal years 1989 and 1990''.
    Subsec. (e). Pub. L. 101-624, Sec. 1772(g)(2), added subsec. (e) and 
struck out heading and text of former subsec. (e). Text read as follows: 
``During each of the fiscal years 1989 and 1990, the Secretary shall 
spend $120,000,000 to purchase, process, and distribute additional 
commodities under this section.''
    Subsec. (k). Pub. L. 101-624, Sec. 1772(h)(1), struck out heading 
and text of subsec. (k). Text read as follows: ``There are authorized to 
be appropriated such sums as may be necessary to carry out this 
section.''


                    Effective Date of 1996 Amendment

    Section 871(h) of Pub. L. 104-193 provided that: ``The amendments 
made by subsection (d) [amending this section] shall become effective on 
October 1, 1996.''


                    Effective Date of 1990 Amendment

    Amendment by section 1772(g) of Pub. L. 101-624 effective Oct. 1, 
1990, and amendment by section 1772(h)(1) 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

    Section to be effective and implemented on Oct. 1, 1988, see section 
701(a) of Pub. L. 100-435, set out as an Effective Date of 1988 
Amendment note under section 2012 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2036, 7501, 7512, 7514 of 
this title.
