Food Assistance in Disaster and Distress Situations

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