[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7508]
TITLE 7--AGRICULTURE
CHAPTER 102--EMERGENCY FOOD ASSISTANCE
Sec. 7508. Authorization and appropriations
(a)(1) There are authorized to be appropriated $60,000,000 for each
of the fiscal years 2003 through 2007 for the Secretary to make
available to the States to pay for the direct and indirect costs of the
States related to the processing, storage, transporting, and
distributing to eligible recipient agencies of commodities provided by
the Secretary under this chapter and commodities secured from other
sources, including commodities secured by gleaning (as defined in
section 111(a) of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note;
Public Law 100-435)). 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; Pub. L. 107-171, title IV, Sec. 4204, May 13, 2002, 116
Stat. 330.)
Amendments
2002--Subsec. (a)(1). Pub. L. 107-171, in first sentence,
substituted ``$60,000,000'' for ``$50,000,000'' and ``2003 through
2007'' for ``1991 through 2002'', struck out ``administrative'' before
``costs of the States'', and inserted ``storage,'' after ``processing,''
and ``, including commodities secured by gleaning (as defined in section
111(a) of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note; Public
Law 100-435))'' after ``sources''.
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 2002 Amendment
Amendment by Pub. L. 107-171 effective Oct. 1, 2002, except as
otherwise provided, see section 4405 of Pub. L. 107-171, set out as an
Effective Date note under section 1161 of Title 2, The Congress.
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
