[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
[Proposed Rules]
[Pages 62999-63006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29923]



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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / 
Proposed Rules

[[Page 62999]]


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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rule proposes to amend the provisions of the Food 
Distribution Program Regulations that relate to food assistance 
provided in response to Presidentially declared disasters and 
emergencies and in other situations of distress. The proposals 
contained in this rule address: (1) Simultaneous issuance of 
commodities and food stamps in a disaster; (2) distribution of 
commodities to households in situations of distress; (3) authorization 
for providing commodity assistance; (4) reporting requirements; and (5) 
the replacement of commodities. In addition, revised definitions are 
being proposed 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.

DATES: To be assured of consideration, comments must be postmarked on 
or before February 6, 1996.

ADDRESSES: Comments should be sent to: Lillie Ragan, Section Head, 
Household Programs Section, Policy and Program Development 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. Comments in response to this rule may 
be inspected at 3101 Park Center Drive, Room 502, Alexandria, Virginia, 
during normal business hours (8:30 a.m. to 5 p.m.), Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT: Lillie Ragan at the above address or 
telephone (703) 305-2661.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed 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 would 
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 would 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).

Information Collection

    This proposed rule contains information collection requirements 
which are subject to review and approval by the Office of Management 
and Budget (OMB). As required by section 3504(h) of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3504(h)), FCS has submitted a copy of 
this proposed rule to OMB for review of these information collection 
requirements. The title, description, and respondent description of the 
information collections are shown below with an estimate of the annual 
reporting and recordkeeping burdens.
    Title: Commodity Assistance to Households in Disasters and 
Situations of Distress.
    Description: In instances when the Food Stamp Program is in 
operation and commodities are being made available for distribution to 
households, this proposed rule increases the reporting and 
recordkeeping burden by requiring the collection of the following 
minimal information from each household receiving commodities during 
Presidentially declared disasters and other situations of distress: (1) 
name of one household member; (2) address; (3) number of persons in the 
household; and (4) a signed statement of assurance that the household 
is not receiving food stamp benefits. Such information is necessary in 
that it can be used by local organizations involved in the distribution 
of commodities to determine if a household is receiving food stamp 
benefits, thus significantly reducing the possibility of both food 
stamp and commodity assistance being provided to households 
simultaneously.
    The reporting and recordkeeping requirements identified below have 
been submitted to OMB for approval and are not effective until such 
approval is obtained. The new information collection requirements will 
not become effective until OMB has assigned a control number. Current 
reporting and recordkeeping requirements for disaster assistance were 
approved under Control Number 0584-0037.
    Description of Respondents: Relief organizations, households 
receiving commodities for home consumption in Presidentially declared 
disasters and other situations of distress when the situation warrants.

                                                                        

[[Page 63000]]
 Food Assistance in Disaster and Distress Situations Description of Respondent's Estimated Annual Reporting and 
                                              Recordkeeping Burden                                              
----------------------------------------------------------------------------------------------------------------
                                                                 Annual       Annual      Average               
                     Section 7 CFR part                          Number     frequency    burden per     Annual  
                                                              respondents    response      hours        burden  
----------------------------------------------------------------------------------------------------------------
7 CFR 250.43:                                                                                                   
    Previous................................................            0            0            0            0
    Proposed................................................         1000            1         .020           20
7 CFR 250.44:                                                                                                   
    Previous................................................            0            0            0            0
    Proposed................................................         1000            1         .020          20 
----------------------------------------------------------------------------------------------------------------
Total Previous Burden Hours: 0; Total Proposed Burden Hours: 66; Total Difference: +66.                         



Executive Order 12778

    This proposed 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 
of the final rule. 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

    On October 13, 1994, the President signed the Federal Crop 
Insurance Reform and Department of Agriculture Reorganization Act of 
1994, Pub. L. 103-354. One of the provisions of the Act eliminated the 
Food and Nutrition Service (FNS) and replaced it with the Food and 
Consumer Service (FCS). Therefore, references to FNS throughout this 
proposed rule have been changed to FCS. References to FNS in the 
remainder of 7 CFR Part 250 will be changed through rulemaking at a 
later date.
    The Department makes commodities available for use in providing 
food assistance to victims of disasters and emergencies, and to those 
in situations of distress, in accordance with authority contained in 
several statutes. Donated commodities are made available for use in 
providing food assistance to victims of Presidentially declared 
disasters and emergencies in accordance with the provisions contained 
in sections 412 and 413 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (DREAA). DREAA was formerly known as ``The 
Disaster Relief Act of 1974.'' It was amended and its title changed to 
DREAA by Public Law 100-707 (November 23, 1988), the Disaster Relief 
and Emergency Assistance Amendments of 1988.
    Donated commodities are made available for use in non-
Presidentially declared emergencies (i.e., situations of distress) in 
accordance with section 32 of the Act of August 24, 1935, section 416 
of the Agricultural Act of 1949, and section 4(a) of the Agriculture 
and Consumer Protection Act of 1973.
    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 or 
emergency, and in situations of distress.
    As discussed in detail below, some proposals contained in this 
proposed rule reflect amendments which have been made to the 
authorizing legislation. This proposed rule also includes regulatory 
changes recommended by the Task Force for Disaster Preparedness 
established by the Department of Agriculture (USDA or 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 
are proposed in this rule under the discretionary authority granted to 
the Secretary by section 32 of the Act of August 24, 1935, section 416 
of the Agricultural Act of 1949, and the DREAA. The discretionary 
changes are part of the Department's effort to ensure that commodity 
assistance is made available to victims of disasters, emergencies and 
situations of distress in the most efficient and effective manner 
possible while maintaining the integrity of the program.

Definitions

    Section 250.3 of the current regulations contains definitions of 
``Emergency'' and ``Major Disaster'' derived from the Disaster Relief 
Act of 1974 (now ``DREAA''). Pub. L. 100-707 amended the Disaster 
Relief Act of 1974 to revise these definitions.
    The DREAA defines ``Emergency'' as ``any 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.''
    A ``Major Disaster'' is defined under the DREAA as ``any natural 
catastrophe (including any hurricane, tornado, storm, flood, 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 
DREAA 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.''
    The majority of the general public is not familiar with the 
specific terms contained in the DREAA (i.e. ``Emergency'' and ``Major 
Disaster''). Furthermore, this rulemaking establishes no distinctions 
between the situations these terms represent regarding types of 
benefits or procedures for authorizing, utilizing, reporting on 
utilization of, or replacing commodities. Therefore, this rule proposes 
to: (1) add to Section 250.3 the term ``Disaster,'' which would 
incorporate the definitions of ``Emergency'' and ``Major Disaster'' 
contained in the DREAA; and (2) delete the terms ``Emergency'' and 
``Major 

[[Page 63001]]
Disaster'' currently contained in Section 250.3. These proposed 
revisions would not impact on program operations or benefits in any 
way.
    The key distinction between disasters and situations of distress 
with regard to food assistance is whether a Presidential declaration is 
made. However, there is no definition of ``Situation of Distress'' 
under Section 250.3 of the current regulations to make this distinction 
immediately clear.
    Therefore, this rule also proposes to amend Section 250.3 to add a 
definition for ``Situation of Distress.'' Under this proposal, a 
``Situation of Distress'' is defined as ``(1) 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 an emergency or disaster, but which, in the judgment of 
a State distributing agency, warrants the use of USDA commodities for 
congregate feeding; and (2) any other situation not declared by the 
President to be an emergency or disaster, but which, in the judgment of 
FCS, warrants the use of USDA commodities for congregate feeding or 
household distribution.'' This proposed definition will: (1) clarify 
that a situation of distress lacks a Presidential declaration; and (2) 
clearly identify those situations in which State distributing agencies 
can independently initiate USDA commodity assistance, on the one hand, 
and those in which prior approval by FCS is required.

Reference to the Disaster Relief Act of 1974

    The Disaster Relief Act of 1974 is referenced in Sections 250.43(a) 
and 250.43(e) of the current regulations. Following publication of the 
regulations, the Disaster Relief Act of 1974 was amended and renamed 
the DREAA. Therefore, this rule proposes to amend Section 250.43(e) to 
remove the outdated reference and replace it with a reference to the 
DREAA, and proposes to remove all reference to any statutory authority 
in Section 250.43(a) since such reference is unnecessary.

Distribution of Commodities to Households in Presidentially Declared 
Disaster Areas

    This section of the preamble addresses ``disasters,'' the proposed 
definition for which encompasses only situations in which a 
Presidential declaration has been issued. ``Situations of distress,'' 
proposed to be defined as situations lacking a Presidential 
declaration, are discussed later in this preamble.
    On August 19, 1985, an overall revision of Part 250 was published 
as a proposed rule in the Federal Register (50 FR 33470). Section 
250.43 of the proposed rule limited the distribution of commodities to 
households residing in areas served by the Food Stamp Program to those 
instances in which commercial channels of trade have been disrupted due 
to a major disaster or emergency.
    Approval of requests to make commodities available for distribution 
to households was made contingent upon commercial channels of trade 
having been disrupted because it is in these circumstances that 
households would have no way of using food stamps. Thus, such a 
contingency would ensure that commodity and food stamp assistance would 
not be provided in any area simultaneously, thereby eliminating any 
possibility of households receiving dual benefits.
    In general, commenters on the proposed rule of August 1985 opposed 
limiting the distribution of commodities to households in this manner. 
However, the interim rule published in the Federal Register on June 3, 
1988, (53 FR 20416) retained the provision as proposed on the premise 
that in instances in which commercial channels of trade are intact, 
nutritional needs of disaster victims can be met through the Food Stamp 
Program.
    Since implementation of the interim rule, several disasters have 
occurred in response to which the Department provided food assistance. 
This experience, and recommendations of the Task Force for Disaster 
Preparedness, have led the Department to reevaluate the current 
regulatory provisions. While the Department still believes that the 
Food Stamp Program should be the primary food assistance program for 
disaster victims whenever commercial channels of trade are intact, it 
also acknowledges that there are instances in which such facilities 
remain in operation yet are inaccessible to some disaster victims. For 
example, where roads have been heavily damaged or flooded, some 
individuals residing in households in that area may not be able to 
reach food stamp certification offices or local grocery stores. They 
may, however, have access to emergency commodity distribution sites 
strategically located in response to the specific situation.
    Therefore, in accordance with the discretionary authority provided 
under the DREAA, to facilitate reasonable access to food assistance for 
all disaster victims, this rule proposes to amend Section 250.43 of the 
current regulations to establish FCS's authority to permit distribution 
of commodities to households regardless of whether commercial channels 
of trade have been disrupted or the Food Stamp Program is in operation 
in instances in which such distributions are warranted. However, the 
Department believes that most disaster situations will not warrant the 
simultaneous operation of the Food Stamp Program and a household 
commodity distribution program in the same area.

Submission of Requests

    Section 250.43(c) of the current regulations requires that 
distributing agencies submit requests to the appropriate FCS Regional 
Office (FCSRO) for approval prior to making commodities available for 
distribution to households. However, the process for approving such 
requests has not been clearly understood.
    While the regulations require submission of such requests to the 
appropriate FCSRO, the requests are forwarded to FCS Headquarters for 
actual approval. In an effort to eliminate any confusion regarding the 
approval process, this rule proposes to revise Section 250.43(c) to 
require that requests be submitted to the FCSRO for forwarding to FCS 
for approval. Since the FCSRO is typically very close to or on the 
scene of a disaster, the FCSRO will be expected to submit a 
recommendation to FCS along with the application for use in making 
appropriate determinations. In addition, this rule proposes to revise 
this section to clarify the information currently required to be 
submitted as part of such requests.
    This rule also proposes to apply information requirements 
established under current rules for approval to make household 
distributions in situations when commercial channels of trade have been 
disrupted to situations in which commercial channels are intact. The 
proposal would also establish additional requirements in both types of 
situations. In addition to the information distributing agencies are 
currently required to submit when requesting approval for the 
distribution of commodities to households, requests would be required 
to include, at a minimum, the following information: (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 

[[Page 63002]]
system that will be implemented to prevent dual participation.
    Submission of such information is necessary in order for FCS to 
determine if the situation warrants the simultaneous distribution of 
food stamps and commodities and to ensure that the State has a viable 
system to prevent dual benefits from being provided to households.

Collection of Household Information

    While various forms have been developed by States for use in 
collecting household data, current regulations contain no provisions 
concerning the collection of information from households for the 
receipt of donated foods during a disaster. Under the provisions 
contained in this proposed rule, food stamp benefits can be issued and 
commodities distributed for home consumption in areas where it has been 
determined by the Department that the situation warrants such 
simultaneous operations. However, the Department is concerned that in 
such instances food stamp benefits and commodities may be provided to 
the same household simultaneously. In an effort to ensure that 
information necessary to prevent the issuance of dual benefits and for 
establishing and pursuing claims action is available, this rule 
proposes to amend section 250.43(c) to require that organizations 
distributing donated foods to households in areas where the Food Stamp 
Program is in operation obtain, at a minimum, the name of the household 
member applying for assistance, number of members in the household, and 
the household's address. Such information must be recorded in whatever 
format the State deems appropriate.
    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 adult member of the household 
applying for benefits to the effect that the household: (1) Is in need 
of food assistance as a result of the disaster; (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 food stamp assistance. While the intent of this signed 
statement is to prevent applicants from receiving duplicative food 
assistance benefits, it should be reasonably interpreted in the context 
of the individual case. For example, a household which applies for 
commodity assistance en route from a shelter where food assistance was 
provided to reoccupy its permanent residence should not be considered 
to be ``residing in a shelter.'' The signing of such statements will 
ensure that households understand the conditions under which the food 
assistance is being provided. Such statements will also provide further 
support for pursuing a claim against a household in instances in which 
both food stamp and commodity assistance were provided. Under the 
proposal, all signed statements must be provided to the distributing 
agency unless the organization distributing the commodities is an 
agency of the State. At the discretion of the distributing agency, non-
State agencies may be assigned responsibility of retaining such 
statements rather than forwarding them to the State.
    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. This course of action is preferred since the 
recordkeeping requirements that would have to be imposed on a disaster 
organization to ensure availability of information necessary to 
establish a claim for the value of commodities would be significant, 
while recording the value of the food stamp benefit provided is already 
required and much less time consuming.
    There have been instances in past years in which other Federal 
agencies have been involved in providing food assistance to disaster 
victims with USDA commodities. Questions were raised as to whether 
these agencies were subject to the requirements set forth for disaster 
situations. In instances in which it has been determined that the 
collection of certain information is necessary and the regulations 
contain information collection requirements, all organizations, 
regardless of the type, must comply with the requirements. This 
proposed rule will clarify that any entity, including Federal, State, 
and local agencies, involved in the distribution of USDA commodities 
must comply with all such regulatory requirements. In addition, this 
proposed rule will clarify that State and Federal agencies can act as a 
disaster organization in providing food assistance during disasters and 
situations of distress.

Replacement of Commodities

    Section 250.43(g) of the current regulations states that USDA 
commodities used from the State's inventory for a major disaster or 
emergency will be replaced by FCS to the extent that foods are 
available.
    Section 413(b) of the DREAA authorizes the use of funds under 
section 32 of the Act of August 24, 1935, to purchase food necessary to 
provide adequate supplies for use in a major disaster or emergency. 
This rule proposes to amend paragraph (g) of Section 250.43 to reflect 
the statutory authority. This change will guarantee that USDA 
commodities used by a State for disaster assistance are replaced, 
provided that a timely request is submitted by the distributing agency.

Use of Commodities in Situations of Distress

    The primary difference between a disaster and a situation of 
distress, with regard to USDA food assistance, is that a situation of 
distress is not of a magnitude to warrant an emergency or disaster 
declaration by the President. This section of the preamble addresses 
only such situations of distress.
    Section 250.44 of the current regulations permits, upon approval by 
the Secretary, the distribution of donated foods to organizations for 
use in preparing meals in situations in which the need for food 
assistance cannot be met through other provisions of Part 250 
regulations. Prior to the overall revision of Part 250, which was 
published as an interim rule in the Federal Register on June 3, 1988, 
(53 FR 20416), the regulations also permitted the Department to 
authorize distribution of commodities to households in all such 
situations. In drafting the overall revision, the Department decided to 
delete those provisions relative to household distribution in 
situations of distress on the premise that food assistance to 
households can be provided through the Food Stamp Program.
    Since implementation of the interim rule, the Department has 
determined that the Food Stamp Program may not be able to meet the 
nutritional needs of all affected households in situations of distress. 
For example, it may not be possible for some households to obtain food 
stamp benefits due to certain eligibility requirements, such as 
resource limits on the value of vehicles, or citizenship. In addition, 
there may be instances in which certain areas are hard hit by a non-
Presidentially declared disaster (i.e., situation of distress) and 
using food stamps is not feasible because commercial channels of trade 
in those particular areas are disrupted.
    Therefore, to ensure that food assistance can be made available to 
households in these types of situations, 

[[Page 63003]]
this rule proposes to revise Section 250.44 to reinstate the 
Department's authority to permit the distribution of commodities to 
households in situations of distress. This discretionary authority is 
afforded the Secretary under section 416 of the Agricultural Act of 
1949, and section 32 of the Act of August 24, 1935.
    Section 250.44 is being revised instead of Section 250.43, which 
sets forth provisions relative to disasters, in order to clarify and 
underscore the different treatment of Presidentially declared 
``disasters,'' on the one hand, and ``situations of distress,'' on the 
other.

Submission of Requests

    Section 250.44 of the current regulations requires that all 
requests for the donation of commodities for use in situations of 
distress be submitted for approval by the Secretary.
    This rule proposes to revise Section 250.44 to delegate the 
authority for approving requests for the donation of commodities for 
use in congregate feeding to the distributing agency in instances in 
which the need for such assistance meets the conditions of paragraph 
(1) of the definition of ``Situation of Distress'' set forth in Section 
250.3. Those instances include ``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 an emergency or disaster.'' This delegation of authority is 
consistent with the delegation of authority contained in Section 250.43 
for the use of commodities for congregate feeding in Presidentially 
declared disasters. While the Department recognizes that instances 
other than those included above may warrant the donation of commodities 
for use in preparing congregate meals, such donations should be limited 
to those situations where it can be determined that other traditional 
Federal or State assistance programs cannot meet the needs of 
individuals who have been adversely affected by the situation. Thus, in 
an effort to ensure consistency in such determinations, Section 250.44 
of this rule proposes to require that requests for the donation of 
commodities for use in preparing congregate meals in instances when the 
situation of distress does not fit the above criteria be submitted for 
approval by FCS. Approval by FCS, instead of by the Secretary, will 
facilitate expeditious handling of requests, while still maintaining an 
appropriate level of oversight.
    Section 250.44(c)(2) of this rule also proposes to require that 
requests for the donation of commodities for distribution to households 
in situations of distress, regardless of the type of situation, be 
submitted for approval by FCS. The proposal would require this level of 
approval in an effort to ensure that: (1) Such distributions are 
limited to situations that warrant this type of assistance; and (2) 
households will not be receiving food stamp and commodity assistance 
simultaneously.
    As discussed in the Definitions section earlier in this preamble, 
for purposes of clarification, this rule also proposes to specify the 
above-described approval authorities for congregate feeding and 
household distribution, respectively, in the definition of ``Situation 
of Distress'' contained in Section 250.3.
    This rule also proposes to amend Section 250.44 to require that 
organizations requesting the donation of commodities for use in 
congregate meal service for victims of situations of distress provide 
the following information to the distributing agency: (1) A description 
of the distress situation; (2) number of people requiring meals; (3) 
period of time for which the donations are being requested; and (4) 
quantity and types of food needed. In addition, information on the 
number and location of sites providing meals will be provided as sites 
are established.
    It is imperative that this information be provided so that FCS and 
the distributing agency are able to determine if: (1) The donation of 
commodities is warranted; (2) the amount and types of commodities 
requested are appropriate for the situation; and (3) there is 
sufficient food in inventory within the State to meet the needs of the 
organizations. When the distributing agency has approved requests for 
the donation of commodities for congregate feeding in accordance with 
the delegation of authority prescribed above, it must forward this 
information to the appropriate FCSRO.
    This rule proposes to revise Section 250.44 to require that 
requests to FCS for permission to distribute commodities to households 
contain, at a minimum, the following information: (1) A description of 
the situation; (2) an explanation as to why such distributions are 
warranted; (3) period of time for which the request is being made; (4) 
identification of the specific area(s) included in the request; (5) 
number of households expected to participate; (6) quantity and types of 
food needed; (7) a statement of assurance that both food stamp and 
commodity assistance will not be provided to individual households 
simultaneously; and (8) a description of the system that will be 
implemented to prevent dual participation in the Food Stamp Program and 
the commodity household distribution program. In addition, information 
relative to the number and location of distribution sites must be 
provided to FCS as sites are established.

Collection of Household Information

    Section 250.44 is also revised in this proposed rule to require 
that any entity, including Federal, State, and local agencies, involved 
in the distribution of USDA commodities comply with the requirements 
contained in Section 250.43(c) of this proposed rule regarding the 
collection and submission of information (i.e., household information, 
and statements of assurance). As with Presidentially declared 
disasters, this information will be used to ensure that such 
distributions are warranted and to enhance program accountability.

Submission of Form FNS-292

    This rule proposes to incorporate in Section 250.44 a requirement 
that distributing agencies submit a summary report to the FCSRO using 
Form FNS-292, Report of Coupon Issuance and Commodity Distribution for 
Disaster Relief, within 30 days following termination of the 
distribution period. This requirement is being incorporated to ensure 
timely reporting, strengthen program accountability, and facilitate 
timely replacement of State inventories of USDA commodities in 
instances in which replacement commodities are available.

Thirty-Day Restriction

    Section 250.44 of the current regulations limits the distribution 
of commodities in situations of distress to a period of 30 days. 
However, it is the opinion of the Department that some situations of 
distress may warrant a longer distribution period. Thus, this rule 
proposes to amend Section 250.44 to permit the distribution of 
commodities for longer periods of time when the situation warrants. In 
instances in which the distributing agency approves the distribution of 
commodities for use in preparing congregate meals, such approval may be 
granted for a period not to exceed 30 days. Should the distributing 
agency determine that the situation warrants a longer distribution 
period, the distributing agency must submit a request to justify an 
extension to FCS for 

[[Page 63004]]
approval. These provisions will afford FCS increased flexibility in 
responding to situations of distress, and at the same time ensure that 
the use of USDA commodities in these situations is warranted.
    In addition, this rule proposes to clarify in Section 250.44 that 
the determination as to the appropriate period of time for which 
commodities will be made available would be subject to revision as 
developing circumstances dictate. In instances when the distributing 
agency extends the distributions within the 30-day period discussed 
above, it must notify the FCSRO of such extensions. Submission of this 
information to the FCSRO is necessary to facilitate accurate 
replacement of USDA commodities, as discussed below.

Replacement of Commodities

    Section 250.44 of the current regulations does not contain 
provisions relative to the replacement of the USDA commodities that 
States use to provide assistance during a situation of distress. USDA 
has limited funding to purchase commodities for use in providing food 
assistance in situations of distress, and can also donate for this use 
commodities purchased under price-support and surplus removal 
authorities. Therefore, USDA commodities that are used from the State's 
inventory for a situation of distress will be replaced at the request 
of the distributing agency to the extent that inventories of price-
support and surplus-removal commodities permit. This rule proposes to 
amend Section 250.44 to include this replacement policy. In addition, 
to ensure timely submission of requests for replacement, this rule 
proposes to incorporate a requirement that such requests be submitted 
within 30 days following termination of the distributions.
    The attached chart has been included in this preamble to assist 
readers in understanding the basic provisions set forth in this 
proposed rule.

                                                                        
                                                        Situation of    
                                 Disaster                 distress      
Definition............  (1) any natural             (1) a hurricane,    
                         catastrophe (including      tornado, storm,    
                         any hurricane, tornado,     flood, high water, 
                         storm, flood, high water,   wind-driven water, 
                         wind-driven water, tidal    tidal wave,        
                         wave, tsunami,              tsunami,           
                         earthquake, volcanic        earthquake,        
                         eruption, landslide,        volcanic eruption, 
                         mudslide, snowstorm,        landslide,         
                         drought), or, regardless    mudslide,          
                         of cause, any fire,         snowstorm, drought,
                         flood, or explosion, in     fire, explosion, or
                         any part of the U.S.,       other natural      
                         which in the                catastrophe not    
                         determination of the        declared by the    
                         President causes damage     President to be an 
                         of sufficient severity      emergency or       
                         and magnitude to warrant    disaster, but      
                         major disaster assistance   which, in the      
                         under the DREAA to          judgment of the    
                         supplement the efforts      distributing       
                         and available resources     agency, warrants   
                         of States, local            the use of USDA    
                         governments, and disaster   commodities for    
                         relief organizations in     congregate feeding;
                         alleviating the damage,     and (2) any other  
                         loss, hardship, or          situation not      
                         suffering caused thereby;   declared by the    
                         or (2) any other occasion   President to be an 
                         or instance for which, in   emergency or       
                         the determination of the    disaster, but      
                         President, Federal          which, in the      
                         assistance is needed to     judgment of FCS,   
                         supplement State and        warrants the use of
                         local efforts and           USDA commodities   
                         capabilities to save        for congregate     
                         lives and to protect        feeding or         
                         property and public         household          
                         health and safety, or to    distribution.      
                         lessen or avert the                            
                         threat of a catastrophe                        
                         in any part of the U.S.                        


----------------------------------------------------------------------------------------------------------------
                                                           Household                               Household    
   Food assistance  authorized    Congregate feeding     distribution     Congregate feeding     distribution   
----------------------------------------------------------------------------------------------------------------
Approval authority..............  State distributing  FCS HQ............  If distress         FCS HQ.           
                                   agency.                                 situation in                         
                                                                           accordance with                      
                                                                           (1) in above                         
                                                                           definition, State                    
                                                                           distributing                         
                                                                           agency;                              
                                                                           Otherwise, FCS HQ.                   
Applicable sections of            250.43(b).........  250.43(c).........  250.44(b).........  250.44(c).        
 regulations.                                                                                                   
Household information required..  None..............  Name; Address;      None..............  Name; Address;    
                                                       Number in                               Number in        
                                                       Household;                              Household;       
                                                       Assurance                               Assurance        
                                                       Statement re:                           Statement re:    
                                                       need and dual                           need and dual    
                                                       participation in                        participation in 
                                                       food stamps;                            food stamps;     
                                                       Signature (in                           Signature (in    
                                                       instances when                          instances when   
                                                       the Food Stamp                          the Food Stamp   
                                                       Program is in                           Program is in    
                                                       operation).                             operation).      
Replacement of USDA commodities.  Yes...............  Yes...............  To the extent       To the extent     
                                                                           available.          available.       
----------------------------------------------------------------------------------------------------------------

List of Subjects

7 CFR Part 250

    Aged, Agricultural commodities, Business and industry, Food 
assistance programs, Food donations, Food processing, Grant programs-
social programs, Indian, Infants and children, Price support programs, 
Reporting and recordkeeping requirements, School breakfast and lunch 
programs, Surplus agricultural commodities.
    Accordingly, 7 CFR Part 250 is proposed to be 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 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 612c, 612 note, 612c note, 
1431, 1431b, 1431e, 1431 note, 1446a-1, 1859; 15 U.S.C. 713c; 22 
U.S.C. 1922; 42 U.S.C. 1755, 1758, 1760, 1761, 1762a, 1766, 3030a, 
5179, 5180.

    2. In Section 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, flood, high water, wind-driven water, tidal wave, tsunami, 
earthquake, volcanic eruption, landslide, mudslide, snowstorm, 
drought), or, regardless of 

[[Page 63005]]
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 
Disaster Relief and Emergency Assistance 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 an emergency or 
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 an 
emergency or 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 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.
    (2) Applications. Disaster organizations shall submit applications 
for the receipt and distribution of donated foods for use in providing 
congregate meal service to the distributing agency. Applications shall, 
to the extent possible, include the following information.
    (i) Description of disaster or emergency situation;
    (ii) Number of people requiring meals;
    (iii) Period of time for which commodities are requested; and
    (iv) Quantity and types of food needed for congregate meal service.
    In addition, organizations shall report the number and location of 
sites providing congregate meal service as sites are established.
    (c) Household distribution. (1) Approval authority and duration. 
Distributing agencies shall submit applications for the distribution of 
donated foods to households to the appropriate FCSRO for submission to 
FCS for 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. Disaster organizations shall submit applications 
for the receipt and distribution of donated foods to households to the 
distributing agency. Applications shall, to the extent possible, 
include the following information:
    (i) Description of disaster or emergency situation;
    (ii) Identification of the specific area(s) included in the 
request;
    (iii) Number of households affected;
    (iv) Explanation as to why the distribution of commodities to 
households is warranted;
    (v) Anticipated distribution period;
    (vi) Method of distribution available;
    (vii) Quantity and types of food needed for distribution;
    (viii) Statement of assurance that simultaneous food stamp and 
commodity assistance will not be provided to individual households; and
    (ix) Description of the system that will be implemented to prevent 
dual participation.
    Information on the number and location of sites where commodities 
are to be distributed shall be provided as sites are established.
    (3) Collection of household information. In instances in which the 
Food Stamp Program is in operation, 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 food stamp assistance.
    (d) Quantities and value of donated foods. The distributing agency 
shall make donated foods available to eligible 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 Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5181-82).
    (f) Summary report. Within 30 days following termination of the 
disaster assistance, the distributing agency shall provide a summary 
report to the appropriate FCSRO using Form FNS-

[[Page 63006]]
292, Report of Coupon Issuance and Commodity Distribution for Disaster 
Relief.
    (g) Replacement. The distributing agency shall request, in writing 
to the FCSRO, the replacement of foods used for disaster assistance 
within 30 days following termination of the assistance. FCS will 
replace donated foods used from State and/or local inventories for 
disaster assistance 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 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 Section 
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 distribution period initially approved 
up 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. Applications 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 Section 250.3 shall be forwarded by the 
distributing agency to the appropriate FCSRO for submission to FCS for 
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 shall submit applications for 
the receipt and distribution of donated foods for use in providing 
congregate meal service to the distributing agency. Applications shall, 
to the extent possible, include the following information:
    (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 as sites are established.
    (c) Household distribution. (1) Approval authority and duration. 
Applications for the donation of foods for distribution to households 
shall be forwarded by the distributing agency 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. Organizations shall submit applications for the 
receipt and distribution of donated foods to households to the 
distributing agency. The distributing agency shall review and submit 
applications to the appropriate FCSRO. Applications shall, to the 
extent possible, include the following information:
    (i) Description of the situation of distress;
    (ii) Explanation as to why the distribution of commodities to 
households is warranted;
    (iii) Identification of the specific area(s) included in the 
request;
    (iv) Anticipated distribution period;
    (v) Number of households expected to participate;
    (vi) Quantity and types of food needed for distribution;
    (vii) Statement of assurance that simultaneous food stamp and 
commodity assistance will not be provided to individual households; and
    (viii) Description of the system that will be implemented to 
prevent dual participation.
    In addition, information on the number and location of sites shall 
be provided as 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 Food 
Stamp Program is in operation 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 food stamp assistance.
    (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 30 days following termination of the 
assistance, the distributing agency shall provide a summary report to 
the appropriate FCSRO using Form FNS-292, Report of Coupon Issuance and 
Commodity Distribution for Disaster Relief.
    (g) Replacement. The distributing agency shall request, in writing 
to the FCSRO, the replacement of foods used for a situation of distress 
within 30 days following termination of the assistance. FCS will 
replace donated foods used from State and/or local inventories for 
situations of distress to the extent that foods are available.

    Dated: November 28, 1995.
William E. Ludwig,
Administrator.
[FR Doc. 95-29923 Filed 12-7-95; 8:45 am]
BILLING CODE 3410-30-U