[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Rules and Regulations]
[Pages 8361-8367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4536]


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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

[[Page 8363]]

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,

[[Page 8364]]

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

[[Page 8365]]

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.

[[Page 8366]]

    (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