Page:United States Statutes at Large Volume 105 Part 2.djvu/936

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105 STAT. 1888 PUBLIC LAW 102-237—DEC. 13, 1991 SEC. 922. REDUCTION OF FEDERAL PAPERWORK FOR DISTRIBUTION OF COMMODITIES. (a) HUNGER PREVENTION ACT.— Section 110 of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note) is amended— (1) in paragraphs (1) and (2) of subsection (c), by inserting after "to needy persons" each place it appears the following: "and to other institutions that can demonstrate, in accordance with subsection (j)(3), that they serve predominantly needy persons"; and (2) by adding at the end the following new subsections: Homeless. "(j) PRIORITY SYSTEM FOR STATE DISTRIBUTION OF COMMODITIES. — "(1) SOUP KITCHENS. — In distributing commodities under this section, the distributing agency, under procedures determined appropriate by the distributing agency, shall offer, or otherwise make available, its full allocation of commodities for distribution to soup kitchens and other like organizations that serve meals to homeless persons, and to food banks for distribution to such organizations. "(2) INSTITUTIONS THAT SERVE ONLY LOW-INCOME RECIPIENTS.— If distributing agencies determine that they will not likely exhaust their allocation of commodities under this section through distribution to institutions referred to in paragraph (1), the distributing agencies shall make the remaining commodities available to food banks for distribution to institutions that distribute commodities to the needy. When such institutions distribute commodities to individuals for home consumption, eligibility for such commodities shall be determined through a means test as determined appropriate by the State distributing agency. Disadvantaged. "(3) OTHER INSTITUTIONS.— If the distributing agency's commodity allocation is not likely to be exhausted after distribution under paragraphs (1) and (2) (as determined by the food bank), food banks may distribute the remaining commodities to institutions that serve meals to needy persons and do not employ a means test to determine eligibility for such meals, provided that the organizations have documented, to the satisfaction of the food bank, that the organizations do, in fact, serve predominantly needy persons, "(k) SETTLEMENT AND ADJUSTMENT OF CLAIMS.— "(1) IN GENERAL.—The Secretary or a designee of the Secretary shall have the authority to— "(A) determine the amount of, settle, and adjust any claim arising under this section; and "(B) waive such a claim if the Secretary determines that to do so will serve the purposes of this section. "(2) LITIGATION.— Nothing contained in this subsection shall be construed to diminish the authority of the Attorney General of the United States under section 516 of title 28, United States Code, to conduct litigation on behalf of the United States.". (b) EMERGENCY FOOD ASSISTANCE ACT.— The Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end the following new section: "SEC. 215. SETTLEMENT AND ADJUSTMENT OF CLAIMS. "(a) IN GENERAL.— The Secretary or a designee of the Secretary shall have the authority to—