A bill to amend the Federal Supplemental Compensation Act of 1982 with respect to the number of weeks of benefits paid in any State.
PL 98-92 (H.R.3409), enacted 09/02/1983

97 STAT. 608 
PUBLIC LAW 98-92—SEPT. 2, 1983 
Public Law 98-92 
98th Congress 
An Act 
Sept. 2, 1983 
[H.R. 3409] 
Federal 
Supplemental 
Compensation 
Act of 1982, 
amendment. 
96 Stat. 702. 
26 u s e 3304 
note. 
26 u s e 3304 
note. 
26 u s e 3304 
note. 
96 Stat. 702. 
26 u s e 3304 
note. 
26 u s e 3304 
note. 
7 u s e 612c note. 
Ante, p. 35. 
To amend the Federal Supplemental Compensation Act of 1982 with respect to the 
number of weeks of benefits paid in any State. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) subpara-
graph (B) of section 602(e)(2) of the Federal Supplemental Compensa-
tion Act of 1982 is amended to read as follows: 
"(B) If the applicable limit for a State, as determined under clause 
(ii) of subparagraph (A), for the week beginning July 24, 1983, was a 
number equal to or less than such State's applicable limit for the 
week beginning March 27, 1983, under this paragraph (as in effect 
for such week) reduced by four, the applicable limit for such State 
shall not be less than the applicable limit for the week beginning 
July 24, 1983, for any week after the week beginning after July 24, 
1983.". 
Ot)) The amendment made by subsection (a) shall apply to weeks 
beginning after July 24,1983. 
(c)(1) In the case of an account established before the week begin-
ning June 5, 1983, the applicable limit under section 602(e)(2)(A)(ii) 
of the Federal Supplemental Compensation Act of 1982 shall in no 
event be less than the number of weeks applicable to such State for 
the week beginning March 27, 1983, under section 602(e)(2) of such 
Act (as in effect for such week) reduced by four. 
(2) Paragraph (1) shall apply only to compensation for weeks of 
unemployment beginning on or after the date of the enactment of 
this Act. 
(d) In the case of any eligible individual who (without regard to 
the amendment made by subsection (a) or the provisions of subsec-
tion (c)) exhausted his rights to Federal supplemental compensation 
0)y reason of the payment of all of the amount in his Federal 
supplemental compensation account) before the first week beginning 
after the date of the enactment of this Act, such individual's eligibil-
ity for additional compensation by reason of the amendment made 
by subsection (a) or the provisions of subsection (c) for any week of 
unemployment shall not be limited or terminated by reason of any 
event, or failure to meet any requirement of law relating to eligibil-
ity for unemployment compensation, occurring after the date of 
such exhaustion of rights and before the beginning of the first week 
beginning after the date of the enactment of this Act. 
SEC. 2. Effective October 1, 1983, the Temporary Emergency Food 
Assistance Act of 1983 (title II of Public Law 98-8; 97 Stat. 35 and 36) 
is amended by— 
(1) in section 201, striking out "the Act" and inserting in lieu 
thereof "this Act"; 
(2) inserting, after section 201, a new section 201A as follows: 
PUBLIC LAW 98-92—SEPT. 2, 1983 
97 STAT. 609 
EUGIBLE RECIPIENT AGENCIES 
"SEC. 201A. As used in this Act, the term 'eligible recipient 
agencies' means public or nonprofit organizations that administer— 
"(1) activities and projects providing nutrition assistance to 
relieve situations of emergency and distress through the provi-
sion of food to needy persons, including low-income and unem-
ployed persons; 
"(2) school lunch programs, summer camps for children, and 
other child nutrition programs providing food service; 
"(3) nutrition projects operating under the Older Americans 
Act of 1965, including congregate nutrition sites and providers 
of home-delivered meals; 
"(4) activities and projects that are supported under section 4 
of the Agriculture and Consumer Protection Act of 1973; 
"(5) activities of charitable institutions, including hospitals 
and retirement homes, to the extent that needy persons are 
served;or 
"(6) disaster relief programs; 
and that have been designated by the appropriate State agency, or 
by the Secretary, and approved by the Secretary for participation in 
the program established under this Act."; 
(3) amending section 202(a) to read as follows; 
"SEC. 202. (a) Notwithstanding any other provision of law, in order 
to complement the domestic nutrition programs, make maximum 
use of the Nation's agricultural abundance, and expand and im-
prove the domestic distribution of price-supported commodities, 
commodities acquired by the Commodity Credit Corporation that 
the Secretary of Agriculture (hereinafter referred to as the 'Secre-
tary') determines, in his discretion, are in excess of quantities 
needed to— 
"(1) carry out other domestic donation programs, 
"(2) meet other domestic obligations (including quantities 
needed to carry out a payment-in-kind acreage diversion pro-
gram), 
"(3) meet international market development and food aid 
commitments, and 
"(4) carry out the farm price and income stabilization pur-
poses of the Agricultural Adjustment Act of 1938, the Agricul-
tural Act of 1949, and the Commodity Credit Corporation 
Charter Act, 
shall be made available by the Secretary, without charge or credit 
for such commodities, for use by eligible recipient agencies for food 
assistance."; 
(4) in section 202(b)— 
(A) in the first sentence, striking out "shall" and insert-
ing in lieu therof "may"; and 
(B) in the second sentence, striking out "December 1, 
1983" and inserting in lieu thereof "October 1, 1985"; 
(5) inserting, after section 203, new sections 203A, 203B, and 
203C as follows: 
"INITIAL PROCESSING COSTS 
"Eligible 
recipient 
agencies." 
7 u s e 612c note. 
42 u s e 3001 
note. 
7 u s e 612c note. 
Ante, p. 35. 
7 u s e 1281. 
7 u s e 1421 note. 
15 u s e 714 note. 
Ante, p. 35. 
Ante, p. 35. 
"SEC. 203A. The Secretary may use funds of the Commodity Credit 7 use 6i2c note. 
Corporation to pay costs of initial processing and packaging of 
commodities to be distributed under the program established under 
11-194 O - 85 ~ 
21 
QL 3 
97 STAT. 610 
PUBLIC LAW 98-92—SEPT. 2, 1983 
Corporation-
owned 
commodities. 
Eligible 
recipient 
agencies, 
distribution. 
7 u s e 612c note. 
Ante, pp. 35, 
609. 
Commodity 
management. 
7 u s e 612c note. 
Ante, p. 35. 
this Act into forms, and in quantities, suitable, as determined by the 
Secretary, for use in individual households when such commodities 
are to be consumed by individual households or for institutional use, 
as applicable. The Secretary may pay such costs in the form of 
Corporation-owned commodities equal in value to such costs, except 
that wheat from the Food Security Wheat Reserve may not be used 
to pay such costs. The Secretary shall ensure that any such pay-
ments in kind will not displace commercial sales of such 
commodites. 
"FEDERAL AND STATE RESPONSIBILITIES 
"SEC. 203B. (a) The Secretary shall, as expeditiously as possible, 
provide the commodities made available under this Act in such 
quantities as can be used without waste to State agencies designated 
by the Governor or other appropriate State official for distribution 
to eligible recipient agencies, except that the Secretary may provide 
such commodities directly to eligible recipient agencies and to pri-
vate companies that process such commodities for eligible recipient 
agencies under sections 203 and 203A of this Act. 
"
O
t
>
) State agencies receiving commodities under this Act shall, as 
expeditiously as possible, distribute such commodities, in the quanti-
ties requested (to the extent practicable), to eligible recipient agen-
cies within their respective States. However, if a State agency 
cannot meet all requests for a particular commodity under this Act, 
the State agency shall give priority in the distribution of such 
commodity to eligible recipient agencies providing nutrition assist-
ance to relieve situations of emergency and distress through the 
provision of food to needy persons, including low-income and unem-
ploved persons. 
* (c) Each State agency receiving commodities for individual house-
hold use under this Act shall distribute such commodities to eligible 
recipient agencies in the State that serve needy persons, and shall, 
with the approval of the Secretary, determine those persons in the 
State that shall qualify as needy persons eligible for such 
commodities. 
"ASSURANCES; ANTICIPATED USE 
"SEC. 203C. (a) The Secretary shall take such precautions EIS the 
Secretary deems necessary to assure that any eligible recipient 
agency receiving commodities under this Act will provide such 
commodities to persons served by the eligible recipient agency and 
will not diminish its normal expenditures for food by reason of the 
receipt of such commodities. The Secretary shall also take such 
precautions as the Secretary deems necessary to assure that com-
modities made available under this Act will not displace commercial 
sales of such commodities or the products thereof. The Secretary 
shall not make commodities available for donation in any quantity 
or manner that the Secretary, in the Secretary's discretion, deter-
mines may, substitute for the same or any other agricultural pro-
duce that would otherwise be purchased in the market. 
"Qoi) Commodities provided under this Act shall be distributed only 
in quantities that can be consumed without waste. No eligible 
recipient agency may receive commodities under this Act in excess 
of anticipated use, based on inventory records and controls, or in 
excess of its ability to accept and store such commodities."; 
(6) in section 204— 
(A) designating the last sentence as subsection (c); 
PUBLIC LAW 98-92—SEPT. 2, 1983 
97 STAT. 611 
(B) inserting, after the first sentence, a new subsection (b) 
as follows: 
"(b) There are hereby authorized to be appropriated $50,000,000 
for each of the fiscal years ending September 30, 1984, and Septem-
ber 30, 1985, for the Secretary to make available to the States for 
storage and distribution costs of which not less than twenty per 
centum of the amount appropriated under this subsection in any 
fiscal year shall be made available for pa5dng or providing advance 
payments to cover the actual costs incurred by charitable institu-
tions, food banks, hunger centers, soup kitchens, and similar non-
profit eligible recipient agencies providing nutrition assistance to 
relieve situations of emergency and distress through the provision of 
food to needy persons, including low-income and unemployed per-
sons: Provided, That in no case shall such payments exceed five per 
centum of the value of commodities distributed by any such 
agency."; and 
(C) in subsection (c), as so designated by subclause (A) of 
this clause, striking out "this appropriation" and inserting 
in lieu thereof "appropriations made or authorized under 
this section"; 
(7) in section 205— 
(A) amending the heading to read as follows: 
Appropriation 
autnonzation 
for storage and 
distribution 
costs. 
Ante, p. 36. 
RELATIONSHIP TO OTHER PROGRAMS , 
(B) inserting "(a)" after the section designation; and 
(C) adding, at the end thereof, a new subsection "(b)" as 
follows: 
"(b) Except as otherwise provided in section 203A of this Act, none 
of the commodities distributed under this Act shall be sold or 
otherwise disposed of in commercial channels in any form."; 
(8) amending section 209 to read as follows: 
"SEC. 209. Section 5(aX2) of the Agriculture and Consumer Protec-
tion Act of 1973 (7 U.S.C. 612c note) is amended by striking out 
'amount appropriated for the provision of commodities to State 
agencies' and inserting in lieu thereof 'sum of (A) the amount 
appropriated for the commodity supplemental food program and (B) 
the value of the additional commodities donated by the Secretary to 
State or local agencies for use in such program which are provided 
without charge against funds appropriated for such program and 
are included in food packages distributed to program participants' "; 
(9) in section 210— 
(A) inserting "(a)" after the section designation; and 
(B) adding, at the end thereof, new subsections (b) and (c) 
as follows: 
"(b) In administering this Act, the Secretary shall minimize, to 
the maximum extent practicable, the regulatory, recordkeeping, and 
pajperwork requirements imposed on eligible recipient agencies. 
'(c) With respect to the commodity distribution program under 
this Act in effect during the fiscal years ending September 30, 1984, 
and September 30, 1985, the Secretary shall, not later than October 
1,1983, publish in the Federal Register an estimate of the tjrpes and 
quantities of commodities that the Secretary anticipates are likely 
to be made available during the first twelve months of the program; 
and, prior to the beginning of the fiscal year ending September 30, 
1985, the Secretary shall publish in the Federal Register an estimate 
of the types and quantities of commodities that the Secretary antici-
Ante, p. 609. 
Ante, p. 36. 
Ante, p. 36. 
Administration. 
Publication in 
Federal 
Register. 
97 STAT. 612 
PUBLIC LAW 98-92—SEPT. 2, 1983 
pates are likely to be made available during the second twelve 
months of the program under this Act: Provided, that the actual 
types and quantities of commodities made available by the Secretary 
under this Act may differ from the estimates."; and 
Ante, p. 36. 
(10) inserting, after section 210, new sections 211 and 212 as 
follows: 
"FINAUTY OF DETERMINATIONS 
7 use 612c note. 
"SEC. 211. Determinations made by the Secretary of Agriculture 
under this Act and the facts constituting the basis for any donation 
of commodities under this Act, or the amount thereof, when 
officially determined in conformity with the applicable regulations 
prescribed by the Secretary, shall be final and conclusive and shall 
not be reviewable by any other officer or agency of the Government. 
"PROGRAM TERMINATION 
7 use 612c note. 
"SEC. 212. The provisions of this Act, with the exception of 207, 
Ante, p. 36. 
ghajj terminate September 30,1985.". 
SEC. 3. Section 4(c) of the Agriculture and Consumer Protection 
Ante, p. 36. 
^ct of 1973 is amended by inserting "Temporary" before "Emer-
gency Food Assistance Act of 1983". 
Approved September 2, 1983. 
LEGISLATIVE HISTORY—H.R. 3409: 
HOUSE REPORT No. 98-328 (eomm. on Ways and Means). 
eONGRESSIONAL REeORD, Vol. 129 (1983): 
Aug. 1, 2, considered and passed House. 
Aug. 4, considered and passed Senate, amended; House concurred in Senate 
amendments.