Page:United States Statutes at Large Volume 102 Part 2.djvu/649

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-435—SEPT. 19, 1988

102 STAT. 1653

(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 ersons within all States during the same fiscal year, and each tate shall be entitled to receive such value of additional commodities,

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(e) ALLOCATION AND REALLOCATION.— (1) NOTIFICATION BY SECRETARY.—The Secretary shall notify

each State of the amount of the allocation that the State is entitled to receive under subsection (d). (2) NOTIFICATION BY STATE.— (A) ACCEPTANCE AMOUNT.—A State shall promptly notify

Homeless the Secretary of the amount of commodities that will be persons. accepted by soup kitchens or food banks. In determining such amount, the State shall give priority to institutions that provide meals to homeless individuals. (B) LESS THAN FULL AMOUNT ACCEPTED.—A State shall promptly notify the Secretary if the State determines that it will not accept the full amount of the allocation under subsection (d) (or a portion thereof). (3) REALLOCATION.—Whenever the Secretary receives a notification under paragraph (2)(B), the Secretary shall reallocate and distribute the amount of such allocation (or any portion thereof) not accepted, in a fair and equitable manner among the States that accept the full amount of their respective allocations under subsection (d) and that have requested receipt of additional allocations. (0 ADMINISTRATION.—Subject to subsection (c), purchsises under this section shall be made by the Secretary at such times and under such conditions as the Secretary determines to be appropriate within each fiscal year. All commodities purchased under subsection (c) within each fiscal year shall be provided to States prior to the end of each such fiscal year. (g) MAINTENANCE OF EFFORT.—If a State uses its own funds to provide commodities or services under this section, such State funds shall not be obtained from existing Federal or State programs. (h) INCREASED COMMODITY LEVELS AND MAINTENANCE OF EFFORT.— (1) INCREASED COMMODITY LEVELS.—Commodities provided

under the amendments made by section 104 and under this section shall be in addition to the commodities otherwise provided (through commodity donations traditionally provided by the Secretary or the Commodity Credit Corporation) to emergency feeding organizations. The value of the commodity donations traditionally provided to such organizations shall not be diminished as a result of the purchases required by the amendments made by section 104 and this section. (2) FEDERAL MAINTENANCE.—The purchase of commodities required under the amendments made by section 104 and under this section, shall not be made in such a manner as to cause any reduction in the value of the bonus commodities that would otherwise be distributed, in the absence of section 104 and this section, to charitable institutions, or to any other domestic food assistance program, such as the programs authorized under the National School Lunch Act, the Child Nutrition Act of 1966, the