ADDITIONAL COMMODITIES PROGRAM.

SEC. 104. ADDITIONAL COMMODITIES PROGRAM.The Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end thereof the following new sections: “SEC. 213. INCORPORATION OF ADDITIONAL COMMODITIES. “(a) In General.—The Secretary shall administer the program authorized under this Act in a manner that incorporates into the program additional commodities purchased by the Secretary under section 214 to be distributed to States for use in such States by emergency feeding organizations, as defined in section 201 A(1). Such additional commodities, to the extent practicable and appropriate, shall include commodities purchased within a given State for distribution within such State. “(b) Supplement Commodities Available.—The Secretary shall supplement the commodities made available to emergency feeding organizations under sections 202 and 203D(a) with nutritious and useful commodities purchased by the Secretary under section 214. “SEC. 214. REQUIRED PURCHASES OF COMMODITIES. “(a) Purpose.—It is the purpose of this section to establish a formula so that the amount, measured by their value, of additional commodities that are to be allocated to each State can be precisely calculated for fiscal years 1989 and 1990. The share of commodities, as measured by their value, to be allocated to each State shall be based 60 percent on the number of persons in households within the State having incomes below the poverty level and 40 percent on the number of unemployed persons within the State. “(b) Definitions.—As used in this section— “(1) Additional commodities.—The term ‘additional commodities’ means commodities purchased under this section in addition to the commodities otherwise made available under sections 202 and 203D(a). “(2) Average monthly number of unemployed persons.—The term ‘average monthly number of unemployed persons’ refers to the average monthly number of unemployed persons within each State in the most recent fiscal year for which such information is available as determined by the Bureau of Labor Statistics of the Department of Labor. “(3) Poverty line.—The term ‘poverty line’ has the same meaning given such term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). 102 STAT. 1649 “(4) Total value of additional commodities.—The term ‘total value of additional commodities’ means the actual cost (including the distribution and processing costs incurred by the Secretary), as paid by the Secretary, for all additional commodities purchased under subsection (e). “(5) Value of additional commodities allocated to each state.—The term Value of additional commodities allocated to each State’ means the actual cost for additional commodities (including the distribution and processing costs incurred by the Secretary) as paid by the Secretary under this section and allocated to such State. “(c) Purchase of Commodities.—The Secretary shall purchase a variety of nutritious and useful commodities of the types that the Secretary has the authority to acquire through the Commodity Credit Corporation or under section 32 of the Act entitled “An Act to amend the Agricultural Adjustment Act, and for other purposes”, approved August 24, 1935 (7 U.S.C. 612c note), to supplement the commodities otherwise provided under the program authorized by this Act. “(d) Types and Varieties.—The Secretary shall, to the extent practicable and appropriate, purchase types and varieties of commodities— “(1) with high nutrient density per calorie; “(2) that are easily and safely stored; “(3) that are convenient to use and consume; “(4) that are desired by recipient agencies; and “(5) that meet the requirement imposed by section 203C(a). “(e) Amounts.—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. “(f) Mandatory Allotments.—In each fiscal year, the Secretary shall allot— “(1) 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 “(2) 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. “(g) Reallocation.—The Secretary shall notify each State of the amount of the additional commodities that such State is allotted to receive under subsection if) or subsection (j) if applicable, 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 102 STAT. 1650allocated to receive under the formula prescribed in subsection (0 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. “(h) Administration.—Subject to subsections (e) and (f), or subsection (j) 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), or reallocated under subsection (g), or calculated under subsection (j) 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. “(i) 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 or reduce the amount of funds available for other nutrition programs in the State in each fiscal year. “(j) New Formula.—Notwithstanding the provisions of this section that set forth the specific formula for allocating additional commodities to each State, the Secretary is authorized to promulgate a different precise formula, after prior notice and comment as required by section 553 of title 5, United States Code, only to the extent that— “(1) any such formula is effective at the outset of, and throughout any given fiscal year; “(2) any such formula can be used to precisely calculate the amount of commodities to be made available to each State by the Secretary for each fiscal year; and “(3) such formula provides that each State is entitled to receive that value of additional commodities which results from the application of such formula to the total value of additional commodities. “(k) Authorization of Appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out this section.”.