§ 7515. — Allotment and delivery of commodities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
