Title 7 — Agriculture
Chapter 102 — Emergency Food Assistance
§ 7515. Allotment and delivery of commodities
Statutory text
Mandatory allotments
In each fiscal year, the Secretary shall allot—
60 percent of the total value of additional commodities provided to States in a manner such that the value of additional commodities allocated to each State bears the same ratio to 60 percent of the total value of additional commodities as the number of persons in households within the State having incomes below the poverty line bears to the total number of persons in households within all States having incomes below such poverty line, and each State shall be entitled to receive such value of additional commodities; and
40 percent of the total value of additional commodities provided to States in a manner such that the value of additional commodities allocated to each State bears the same ratio to 40 percent of the total value of additional commodities as the average monthly number of unemployed persons within the State bears to the average monthly number of unemployed persons within all States during the same fiscal year, and each State shall be entitled to receive such value of additional commodities.
Reallocation
The Secretary shall notify each State of the amount of the additional commodities that such State is allotted to receive under subsection (a), and each State shall promptly notify the Secretary if such State determines that it will not accept any or all of the commodities made available under such allocation. On such a notification by a State, the Secretary shall reallocate and distribute the amount the State was allocated to receive under the formula prescribed in subsection (a) but declined to accept. The Secretary shall further establish procedures to permit States to decline to receive portions of such allocation during each fiscal year as the State determines is appropriate and the Secretary shall reallocate and distribute such allocation. In the event of any drought, flood, hurricane, or other natural disaster affecting substantial numbers of persons in a State, county or parish, the Secretary may request that States unaffected by such a disaster consider assisting affected States by allowing the Secretary to reallocate commodities to which each such unaffected State is entitled to States containing areas adversely affected by the disaster.
Administration
In general
Commodities made available for each fiscal year under this section shall be delivered at reasonable intervals to States based on the grants calculated under subsection (a), or reallocated under subsection (b), before December 31 of the following fiscal year.
Entitlement
Each State shall be entitled to receive the value of additional commodities determined under subsection (a).
Maintenance of effort
If a State uses its own funds to provide commodities or services to organizations receiving funds or services under this section, such State shall not diminish the level of support it provides to such organizations.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–8 title II § 214 · 97 Stat. 13
Enacted · 7 U.S.C. § 7515
Pub. L. 98–8, title II, § 214, as added Pub. L. 100–435, title I, § 104, Sept. 19, 1988, 102 Stat. 1648
Source evidence
Code source credit
Pub. L. 98–8, title II, § 214, as added Pub. L. 100–435, title I, § 104, Sept. 19, 1988, 102 Stat. 1648Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1772(g)(1) · 104 Stat. 3359
Substituted · 7 U.S.C. § 7515(a)
Pub. L. 101–624, § 1772(g)(1), substituted “fiscal years 1991 through 1995” for “fiscal years 1989 and 1990”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–624, § 1772(g)(1), substituted “fiscal years 1991 through 1995” for “fiscal years 1989 and 1990”.Enacted provision · exact public law section
(1) in subsection (a), by striking “fiscal years 1989 and 1990” and inserting “fiscal years 1991 through 1995”; andMickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1772(g)(2) · 104 Stat. 3359
Added · 7 U.S.C. § 7515(e)
Pub. L. 101–624, § 1772(g)(2), added subsec. (e)
Struck · 7 U.S.C. § 7515(e)
Pub. L. 101–624, § 1772(g)(2), struck out heading and text of former subsec. (e). Text read as follows: “During each of the fiscal years 1989 and 1990, the Secretary shall spend $120,000,000 to purchase, process, and distribute additional commodities under this section.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–624, § 1772(g)(2), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “During each of the fiscal years 1989 and 1990, the Secretary shall spend $120,000,000 to purchase, process, and distribute additional commodities under this section.”Enacted provision · exact public law section
(2) by striking subsection (e) and inserting the following new subsection: “(e) Amounts.— To carry out this section there are authorized to Appropriation authorization. be appropriated $175,000,000 for fiscal year 1991, $190,000,000 for fiscal year 1992, and $220,000,000 for each of the fiscal years 1993 through 1995 to purchase, process, and distribute additional commodities under this section. Any amounts provided for fiscal years 1991 through 1995 shall be available only to the extent and in such amounts as are provided in advance in appropriations Acts.”.Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 § 1772(h)(1) · 104 Stat. 3359
Struck · 7 U.S.C. § 7515(k)
Pub. L. 101–624, § 1772(h)(1), struck out heading and text of subsec. (k). Text read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out this section.”
Source evidence
Code amendment note
Subsec. (k). Pub. L. 101–624, § 1772(h)(1), struck out heading and text of subsec. (k). Text read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out this section.”Enacted provision · exact public law section
(1) Section 214 of such Act (7 U.S.C. 612c note) is amended by striking out subsection (k).Federal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 § 403(c)(1) · 110 Stat. 888
Substituted · 7 U.S.C. § 7515(a)
Pub. L. 104–127, § 403(c)(1), substituted “2002” for “1995”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–127, § 403(c)(1), substituted “2002” for “1995”.Enacted provision · exact public law section
(1) in the first sentence of subsection (a), by striking “1995” and inserting “2002”; andFederal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 § 403(c)(2) · 110 Stat. 888
Substituted · 7 U.S.C. § 7515(e)
Pub. L. 104–127, § 403(c)(2), substituted “2002” for “1995” in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–127, § 403(c)(2), substituted “2002” for “1995” in two places.Enacted provision · exact public law section
(2) in subsection (e), by striking “1995” each place it appears and inserting “2002”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 871(d)(1) · 110 Stat. 2105
Redesignated · 7 U.S.C. § 7515(a)
Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (f) as (a)
Struck · 7 U.S.C. § 7515(a)
Pub. L. 104–193, § 871(d)(1), (2), struck out former subsec. (a) which provided for purpose of section
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (f) as (a) and struck out former subsec. (a) which provided for purpose of section.Enacted provision · exact public law section
(1) by striking subsections (a) through (e) and (j);Effective date note
Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 871(d)(1) · 110 Stat. 2105
Redesignated · 7 U.S.C. § 7515(b)
Pub. L. 104–193, § 871(d)(1)–(3), redesignated subsec. (g) as (b)
Substituted · 7 U.S.C. § 7515(b)
Pub. L. 104–193, § 871(d)(1)–(3), substituted “subsection (a),” for “subsection (f) of this section or subsection (j) of this section if applicable,”
Substituted · 7 U.S.C. § 7515(b)
Pub. L. 104–193, § 871(d)(1)–(3), substituted “subsection (a)” for “subsection (f) of this section”
Struck · 7 U.S.C. § 7515(b)
Pub. L. 104–193, § 871(d)(1)–(3), struck out former subsec. (b) which provided definitions for section
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–193, § 871(d)(1)–(3), redesignated subsec. (g) as (b), substituted “subsection (a),” for “subsection (f) of this section or subsection (j) of this section if applicable,” and “subsection (a)” for “subsection (f) of this section”, and struck out former subsec. (b) which provided definitions for section.Enacted provision · exact public law section
(1) by striking subsections (a) through (e) and (j);Effective date note
Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 871(d)(4) · 110 Stat. 2105
Added · 7 U.S.C. § 7515(c)
Pub. L. 104–193, § 871(d)(4), added subsec. (c)
Struck · 7 U.S.C. § 7515(c)
Pub. L. 104–193, § 871(d)(4), struck out heading and text of former subsec. (c). Text read as follows: “Subject to subsections (e) and (f) of this section, or subsection (j) of this section if applicable, purchases under this section shall be made by the Secretary at such times and under such conditions as the Secretary determines appropriate within each fiscal year. All such commodities purchased for each such fiscal year shall be delivered at reasonable intervals to States based on the allotments calculated under subsection (f) of this section, or reallocated under subsection (g) of this section, or calculated under subsection (j) of this section if applicable, before the end of such fiscal year. Each State shall be entitled to receive that value of additional commodities that results from the application of the formula set forth in this section to the total value of additional commodities.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–193, § 871(d)(4), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “Subject to subsections (e) and (f) of this section, or subsection (j) of this section if applicable, purchases under this section shall be made by the Secretary at such times and under such conditions as the Secretary determines appropriate within each fiscal year. All such commodities purchased for each such fiscal year shall be delivered at reasonable intervals to States based on the allotments calculated under subsection (f) of this section, or reallocated under subsection (g) of this section, or calculated under subsection (j) of this section if applicable, before the end of such fiscal year. Each State shall be entitled to receive that value of additional commodities that results from the application of the formula set forth in this section to the total value of additional commodities.”Enacted provision · exact public law section
(4) by striking subsection (c), as redesignated by paragraph (2), and inserting the following: “(c) Administration.— “(1) In general.— Commodities made available for each fiscal year under this section shall be delivered at reasonable intervals to States based on the grants calculated under subsection (a), or reallocated under subsection (b), before December 31 of the following fiscal year. “(2) Entitlement.— Each State shall be entitled to receive the value of additional commodities determined under subsection (a).”; andEffective date note
Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 871(d)(1) · 110 Stat. 2105
Redesignated · 7 U.S.C. § 7515(c)
Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (h) as (c)
Struck · 7 U.S.C. § 7515(c)
Pub. L. 104–193, § 871(d)(1), (2), struck out former subsec. (c) which authorized Secretary to purchase additional commodities to supplement commodities otherwise provided under program authorized by this chapter
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (h) as (c) and struck out former subsec. (c) which authorized Secretary to purchase additional commodities to supplement commodities otherwise provided under program authorized by this chapter.Enacted provision · exact public law section
(1) by striking subsections (a) through (e) and (j);Effective date note
Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 871(d)(5) · 110 Stat. 2105
Struck · 7 U.S.C. § 7515(d)
Pub. L. 104–193, § 871(d)(5), struck out “or reduce the amount of funds available for other nutrition programs in the State in each fiscal year” after “such organizations”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–193, § 871(d)(5), struck out “or reduce the amount of funds available for other nutrition programs in the State in each fiscal year” after “such organizations”.Enacted provision · exact public law section
(5) in subsection (d), as redesignated by paragraph (2), by striking “or reduce” and all that follows through “each fiscal year”.Effective date note
Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 871(d)(1) · 110 Stat. 2105
Redesignated · 7 U.S.C. § 7515(d)
Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (i) as (d)
Struck · 7 U.S.C. § 7515(d)
Pub. L. 104–193, § 871(d)(1), (2), struck out former subsec. (d) which provided for types and varieties of commodities which could be purchased under this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (i) as (d) and struck out former subsec. (d) which provided for types and varieties of commodities which could be purchased under this section.Enacted provision · exact public law section
(1) by striking subsections (a) through (e) and (j);Effective date note
Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 871(d)(1) · 110 Stat. 2105
Struck · 7 U.S.C. § 7515(e)
Pub. L. 104–193, § 871(d)(1), struck out subsec. (e) which appropriated amounts through fiscal year 2002 for purchase of additional commodities under this section
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–193, § 871(d)(1), struck out subsec. (e) which appropriated amounts through fiscal year 2002 for purchase of additional commodities under this section.Enacted provision · exact public law section
(1) by striking subsections (a) through (e) and (j);Effective date note
Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 871(d)(2) · 110 Stat. 2105
Redesignated · 7 U.S.C. § 7515(f)(i)
Pub. L. 104–193, § 871(d)(2), redesignated subsecs. (f) to (i) as (a) to (d), respectively
Source evidence
Code amendment note
Subsecs. (f) to (i). Pub. L. 104–193, § 871(d)(2), redesignated subsecs. (f) to (i) as (a) to (d), respectively.Enacted provision · exact public law section
(2) by redesignating subsections (f) through (i) as subsections (a) through (d), respectively;Effective date note
Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 871(d)(1) · 110 Stat. 2105
Struck · 7 U.S.C. § 7515(j)
Pub. L. 104–193, § 871(d)(1), struck out subsec. (j) which authorized Secretary to promulgate new formula for allocation of additional commodities to States
Source evidence
Code amendment note
Subsec. (j). Pub. L. 104–193, § 871(d)(1), struck out subsec. (j) which authorized Secretary to promulgate new formula for allocation of additional commodities to States.Enacted provision · exact public law section
(1) by striking subsections (a) through (e) and (j);Effective date note
Pub. L. 104–193, title VIII, § 871(h), Aug. 22, 1996, 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on October 1, 1996.”
22 of 23 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1990–1996 · 2 rounds
1996
Subsec. (a). Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (f) as (a) and struck out former subsec. (a) which provided for purpose of section.
Pub. L. 104–127, § 403(c)(1), substituted “2002” for “1995”.
Subsec. (b). Pub. L. 104–193, § 871(d)(1)–(3), redesignated subsec. (g) as (b), substituted “subsection (a),” for “subsection (f) of this section or subsection (j) of this section if applicable,” and “subsection (a)” for “subsection (f) of this section”, and struck out former subsec. (b) which provided definitions for section.
Subsec. (c). Pub. L. 104–193, § 871(d)(4), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “Subject to subsections (e) and (f) of this section, or subsection (j) of this section if applicable, purchases under this section shall be made by the Secretary at such times and under such conditions as the Secretary determines appropriate within each fiscal year. All such commodities purchased for each such fiscal year shall be delivered at reasonable intervals to States based on the allotments calculated under subsection (f) of this section, or reallocated under subsection (g) of this section, or calculated under subsection (j) of this section if applicable, before the end of such fiscal year. Each State shall be entitled to receive that value of additional commodities that results from the application of the formula set forth in this section to the total value of additional commodities.”
Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (h) as (c) and struck out former subsec. (c) which authorized Secretary to purchase additional commodities to supplement commodities otherwise provided under program authorized by this chapter.
Subsec. (d). Pub. L. 104–193, § 871(d)(5), struck out “or reduce the amount of funds available for other nutrition programs in the State in each fiscal year” after “such organizations”.
Pub. L. 104–193, § 871(d)(1), (2), redesignated subsec. (i) as (d) and struck out former subsec. (d) which provided for types and varieties of commodities which could be purchased under this section.
Subsec. (e). Pub. L. 104–193, § 871(d)(1), struck out subsec. (e) which appropriated amounts through fiscal year 2002 for purchase of additional commodities under this section.
Pub. L. 104–127, § 403(c)(2), substituted “2002” for “1995” in two places.
Subsecs. (f) to (i). Pub. L. 104–193, § 871(d)(2), redesignated subsecs. (f) to (i) as (a) to (d), respectively.
Subsec. (j). Pub. L. 104–193, § 871(d)(1), struck out subsec. (j) which authorized Secretary to promulgate new formula for allocation of additional commodities to States.
1990
Subsec. (a). Pub. L. 101–624, § 1772(g)(1), substituted “fiscal years 1991 through 1995” for “fiscal years 1989 and 1990”.
Subsec. (e). Pub. L. 101–624, § 1772(g)(2), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “During each of the fiscal years 1989 and 1990, the Secretary shall spend $120,000,000 to purchase, process, and distribute additional commodities under this section.”
Subsec. (k). Pub. L. 101–624, § 1772(h)(1), struck out heading and text of subsec. (k). Text read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out this section.”
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–193, title VIII, § 871(h), , 110 Stat. 2346, provided that: “The amendments made by subsection (d) [amending this section] shall become effective on .”
Effective Date of 1990 Amendment
Amendment by section 1772(g) of Pub. L. 101–624 effective , and amendment by section 1772(h)(1) of Pub. L. 101–624 effective , see section 1781(b)(1), (2) of Pub. L. 101–624, set out as a note under section 2012 of this title.
Effective Date
Section to be effective and implemented on , see section 701(a) of Pub. L. 100–435, set out as an Effective Date of 1988 Amendment note under section 2012 of this title.
Credits
1988–1996 · 4 acts
- 1988Pub. L. 98–8, title II, § 214, as added Pub. L. 100–435, title I, § 104, , 102 Stat. 1648
- 1990amended Pub. L. 101–624, title XVII, § 1772(g), (h)(1), , 104 Stat. 3809
- 1996Pub. L. 104–127, title IV, § 403(c), , 110 Stat. 1029
- 1996Pub. L. 104–193, title VIII, § 871(d), , 110 Stat. 2345.
Show as published
(Pub. L. 98–8, title II, § 214, as added Pub. L. 100–435, title I, § 104, , 102 Stat. 1648; amended Pub. L. 101–624, title XVII, § 1772(g), (h)(1), , 104 Stat. 3809; Pub. L. 104–127, title IV, § 403(c), , 110 Stat. 1029; Pub. L. 104–193, title VIII, § 871(d), , 110 Stat. 2345.)