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USDA/FNS RIN: 0584-AE73 Publication ID: Spring 2019 
Title: ●The Emergency Food Assistance Program: Implementation of the Agriculture Improvement Act of 2018 
Abstract:

Section 4018(a) of the Farm Bill amends section 202A(b) of the Emergency Food Assistance Act of 1983 (the Act) to include two additional requirements for The Emergency Food Assistance Program (TEFAP) State Plans include a plan to provide emergency feeding organizations (EFOs) or eligible recipient agencies with the opportunity to provide input on their commodity preferences and needs. At the option of the State agency, describe a plan of operation for one or more projects to harvest, process, package, or transport donated commodities. The language in section 4018(b) of the Farm Bill also requires the Secretary to determine a formula to annually allocate $4 million in funding for these projects, which makes this provision discretionary and needs to be implemented via rulemaking.  This rule will codify the statutory requirements in the TEFAP regulations at 7 CFR 251 and will provide guidance to State agencies on how to receive funding for these projects.  While grant programs are exempt from the Administrative Procedures Act, because the Farm Bill provides discretion in funding allocations and other aspects of this provision, this is a novel program for FNS and the first $4 million must be allocated to States no later than FY 2020, FNS will issue a Final Rule with Request for Comments to provide an opportunity for stakeholders to comment on this provision while implementing it as quickly as possible.

 
Agency: Department of Agriculture(USDA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 7 CFR 250.10    7 CFR 251.6   
Legal Authority: Pub. L. 115-34    Pub. L. 107-171   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action With Comment  11/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Charles H. Watford
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
1320 Braddock Place,
Alexandria, VA 22314
Phone:703 605-0800
Email: charles.watford@usda.gov

Kelly Stewart
Chief, Planning and Regulatory Affairs Office
Department of Agriculture
Food and Nutrition Service
3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 305-2425
Email: kelly.stewart@fns.usda.gov