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Thursday, April 11, 2013

Federal Law in The ones who Loss in Midwestern and South States Storm

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POST DISASTER RESPONSE
AND
MITIGATION OF FUTURE LOSSES
post disaster response efforts to floods and earthquakes in the U.S.,
to identify strengths and weaknesses in those efforts for mitigating
future losses,.and to suggest measures for strengthening those
efforts including research priorities.
"Identify strengths and weaknesses" - identify strengths and
weaknesses of homeless from Storms A Test of Homeless Citizens on
streets in Amsterdam New York was the site of a homeless shelter
developed by local volunteers to help people during the winter.
Emergency homeless shelter Federal Register Volume 71, Number 1
(Tuesday, January 3, 2006) Rules and Regulations Federal Register
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510. DEPARTMENT OF
AGRICULTUREFood and Nutrition Service7 CFR Part 226RIN 0584-AD56Child
and Adult Care Food Program:Age Limits for Children Receiving Meals in
Emergency SheltersAGENCY: Food and Nutrition Service, USDAACTION:
Interim rule.-----------------------------------------------------------------------SUMMARY:
This interim rule amendsthe Child and Adult Care Food Program (CACFP)
regulations to implement aprovision of the Child Nutrition and WIC
Reauthorization Act of 2004, which raised the age limit for residents
of emergency shelters who are eligible to receive CACFP meals to
include children through age 18. This rule also extends eligibility
for participation to emergency shelters that primarily serve children
through age 18 who are homeless and seeking shelter without their
families. These changes are expected to increase the number of
emergency shelters that will be eligible to participate in CACFP as
well as the number of homeless children that will have access to free,
nutritious meals.DATES: Effective Date: February 2,2006. Comment
Date: To be assured of consideration, comments must be postmarked on
or before March 6, 2006.ADDRESSES: The Food and NutritionService
invites interested persons to submit comments on this interim rule.
Comments may be submitted by any of the following methods: Mail:
Send comments to Robert M. Eadie, Chief, Policy and Program
Development Branch, Child Nutrition Division, Room 640, Food and
Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, Virginia
22302-1594. All submissions will be available for public inspection at
this location Monday through Friday, 8:30 a.m.-5 p.m. Fax: Submit
comments by facsimile transmission to: (703) 305-2879. Please address
your comments to Mr. Eadie and identify your comments as ``CACFP: Age
Limits for Children in Emergency Shelters''. E-Mail: Send comments
to CNDProposal@fns.usda.gov . Please identify your comments as
``CACFP: Age Limits for Children inEmergency Shelters''. Hand
Delivery or Courier: Deliver comments to 3101 Park Center Drive, Room
634, Alexandria, Virginia 22301-1594, during normal business hours of
8:30 a.m.-5 p.m. Federal eRulemaking Portal: Go to
http://www.regulations.gov . Follow the online instructions for
submitting comments.FOR FURTHER INFORMATION CONTACT: Keith Churchill,
at telephone number (703) 305-2590.SUPPLEMENTARY INFORMATION:I.
BackgroundHow Does the Child and Adult Care Food Program (CACFP) Help
Children Who Are Homeless? Homeless children residing in eligible
emergency shelters have been able to receive free meals and snacks
through the CACFP since July 1, 1999, when a provision of the William
F. Goodling Child Nutrition Reauthorization Act of 1998 (Pub. L.
105-336) became effective. Under Public Law 105-336, the CACFP benefit
was limited to children age 12 and younger, migrant workers' children
age 15 and younger, and disabled children.How Do Emergency Shelters
Participate in CACFP? Public Law 105-336 established requirements
for emergency shelters by adding a new section 17(t) of the Richard B.
Russell National School Lunch Act (NSLA), 42 U.S.C. 1766(t). Emergency
shelters approved under these provisions must: Meet the definition
of emergency shelter contained in the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11351); Comply with applicable State or
local health and safety codes; Serve meals that meet the USDA's
nutritional standards; and Claim reimbursement only for meals
served to eligible residential children.What Types of Emergency
Shelters Are Eligible to Participate in CACFP? The Food and
Nutrition Service (FNS) issued guidance on March 30, 1999 requiring
that to participate in CACFP emergency shelters must either: Provide
temporary residence to families with children; or Sponsor a
temporary residential site for children and their parents or
guardians. This policy has targeted CACFP benefits to shelters that
support at-risk homeless children as part ofa family unit. Examples of
eligible emergency shelters include family shelters and shelters for
battered women. On March 14, 2000, FNS provided additional guidance
clarifying that residential child careinstitutions (RCCIs) may also
participate in CACFP if they operate a separate program for homeless
families with children. In 2002, FNS added a definition of Emergency
shelter to Sec. 226.2 of the CACFP regulations. This definition was
included in an interim
rule entitled, ``Implementing Legislative Reforms to Strengthen
Program Integrity'', published in the Federal Register on June 27,
2002 (67 FR 43448). Based on this definition, a public or private
nonprofit organization qualifies as an emergency shelter for purposes
of Program participation if its primary purpose is to provide
temporary housing and food services to homeless families with
children. No commentswere received on this definition.What Did the
Most Recent Legislation Change About the Age Limits for Children
Residing in Emergency Shelters? A provision of the Child Nutrition
and WIC Reauthorization Act of 2004 (Pub. L. 108-265) extended the age
limit, from 12 to 18, for residents of emergency shelters to be
eligible to receive CACFP meals.
Specifically, section 119(g) of Public Law 108-265 amended section
17(t)(5)(A) of the NSLA to remove the age limitations on residents of
emergency shelters (15 years for children of migrant workers and 12
years for all other children) and extend the age limit for all
children not more than 18 years. This provision was effective on
October 1, 2004, pursuant to[[Page 2]]section 502(b)(2) of Public Law
108-265.What Guidance Has USDA Provided on This Change? FNS notified
CACFP State agencies of the change in writing on August 10, 2004. We
explained to State agencies that the recent legislation raised the age
limit, from 12 to 18, for residents of emergency shelters who would be
eligible to receive CACFP meals.How Does This Rule Implement the
Change in Age Limits? This interim rule revises the definition of
Children in Sec. 226.2 of the CACFP regulations to specify that
eligible participants in emergency shelters includes residents through
age 18 and residents of any age with disabilities as defined by the
State agency.Does This Rule Make Changes to the Types of Emergency
Shelters That May Participate in the CACFP? Yes. This interim rule
revises the definition of Emergency shelter at Sec. 226.2 of the
CACFP regulations to: Extend eligibility to emergency shelters
that provide temporary shelter and food servicesto unaccompanied
children through age 18 by removing the reference to homeless
families; Remove the condition that the primary purpose of the
emergency shelter must be the provision of temporary shelter and food
services; Clarify that the sites of otherwise eligible public or
private nonprofit organizations may participate as emergency shelters
if the sites provide temporary shelter and food services to homeless
children; and Specify that a RCCI may participate in CACFP as an
emergency shelter only if it serves a distinct group of homeless
children who are not enrolled in the RCCI's regular program. Under
this revised definition, an otherwise eligible public or private
nonprofit organization or itssite may participate as an emergency
shelter if it provides temporary housing and food services to homeless
children, with or without their families. A RCCI may participate if it
provides temporary shelter and food services to homeless children who
are not enrolled in its regular program.Why is USDA Making These
Changes? We are extending program eligibility to emergency shelters
that serve unaccompanied children to ensure that CACFP meal benefits
are available to children, including adolescents who may be alone and
seeking shelter. The extension of CACFP meal benefits to residents
through age 18 in emergency shelters by Public Law 108-265 focuses
attention on homeless youth between 13 and 18 years old. In contrast
to younger children, older youth are more likely to seek temporary
shelter without their families. Also, we recognize that there may be
emergency shelters serving children and youth that have multiple
purposes. We have removed, therefore, the requirement that the primary
purpose of an eligible emergency shelter must be the provision of
temporary shelter and food services. The addition of the word
``site'' revises the current definition of emergency shelter to
clarify the eligibility of emergency shelter sites, as mandated by
section 17(t)(1)(B) of the NSLA (42 U.S.C.1766(t)(1)(B)). This
revision codifies current policy. Sites of emergency shelters meeting
the definition of the McKinney-Vento Homeless Assistance Act as
codified at 42 U.S.C. 11351, have been eligible to participate in
CACFP since 1999. Within current CACFP requirements, the private,
nonprofitorganization that is sponsoring an emergency shelter site
must apply to participate in the CACFP as a sponsoring organization,
subject to all of the provisions governing the participation of
sponsoring organizations described throughout the CACFP regulations,
especially in Sec. Sec. 226.15 and 226.16. An example of this type of
arrangementwould be a multi-purpose private nonprofit organization,
like The Salvation Army, which provides many community services
including the sponsorship of an emergency shelter for homeless
children. In this situation, The Salvation Army would need to apply to
participate as a sponsoring organization of the emergency shelter
facility. Finally, we stipulate that a RCCI may participate as an
emergency shelter if it serves a distinct group of children who are
homeless and are not enrolled in its regular program. Our intention in
making this revision to the definition is to codify CACFP policy on
RCCI participation that was first outlinedin our March 14, 2000
guidance.Why is RCCI Participation in CACFPRestricted? RCCIs provide
residential care and other services for children with specific needs,
often on a long-term basis. RCCIs are designated as schools in section
12(d)(5) of the NSLA (42 U.S.C. 1760(d)(5)). For this reason, meal
benefits for RCCI residents are provided through the school nutrition
programs if the RCCI meets the definition of Schoolin Sec. 210.2 of
the National School Lunch Program (NSLP) regulations. Examples of
RCCIs that may participate in the NSLP include homes for the mentally,
emotionally or physically impaired, homes for unmarried mothers and
their infants, halfway houses, orphanages, temporary shelters for
abused and runaway children, long-term care facilities for chronically
ill children, and juvenile detention centers. Some of these RCCIs
may also be eligible to participate in CACFP if they meet the
definition of Emergency shelter in this interim rule. Given the
purpose and structure of most RCCIs, it is unlikely that many
will qualify for CACFP participation as emergency sheltersbased on
their regular program and curriculum. However, RCCIs that operate
emergency shelter sites for homeless children may be eligible,
provided that the sites, including sites that are co-located within
the RCCI facility, serve a distinct group of children who are not
enrolled in the RCCI's regular program. Due to the variety of
services offered by organizations providing residential or short-term
care for children in need, we are interested in receiving comments
from the public on the revised definition of Emergency shelter.Are
Shelters for Runaways Eligible to Participate in CACFP? Yes,
provided that runaway shelters meet the revised definition for
Emergency shelter contained in thisrule, as determined by the CACFP
State agency, they may participate in CACFP. An eligible shelter or
its site for runaway youth must providetemporary housing and food
services to children 18 years of age and younger. A shelter that
provides a program of structured care on a long-term basis would be
classified as a RCCI and would generally be eligible to participate in
the school nutrition programs; a runaway shelter of this type could
participate in CACFP only if, in addition to its other activities, it
provides temporary housing and food services to a distinct group of
children who are not part of its regular program of care.How Will
These Changes Affect Emergency Shelters? Participating emergency
shelters will benefit from the increased level of reimbursement
received for meals served to children from ages 13 through 18. This
change should help to make their operation of CACFP more efficient,
while allowing them to serve more meals that would be eligible for
reimbursement. In addition, emergency shelters and sites providing
temporary shelter and food services to[[Page 3]]unaccompanied homeless
children will now be eligible to participate in CACFP. Emergency
shelters must ensure that they claim reimbursement only for meals that
meet the requirements for meals in Sec. 226.20, including the meal
patterns for children and adult participants. To improve the nutrition
and satisfy the hunger of adolescent boys and girls, emergency
shelters may need to serve additional foods and larger portions to
children ages 13 through 18. The CACFP reimbursement received by
emergency shelters for these meals must be used exclusively to support
the nonprofit food service programs operated for children.How Will
These Changes Affect State Agencies? The impact of these changes on
State agencies administering CACFP should be minimal. State agencies
have already provided information to
emergency shelters about claiming meals for children age 13 through
age 18. The revised definition of Emergency shelter may encourage
organizations that provide services to unaccompanied homeless youth,
such as shelters for runaways, to apply for Program participation. As
a result, State agencies may experience an increase in workload
associated with approving applications, providing technical
assistance, and conducting monitoring of newly eligible emergency
shelters.Does This Rule Make Any Other Changes to the CACFP
Regulations? Yes. This rule updates the CACFPregulations to add
emergency shelters to the definitions of Center, Child care facility,
Free meal, Independent center, and Sponsoringorganization. The rule
also makes a number of technical revisions to theregulations to ensure
that emergency shelters are included and/or excluded in program
requirements, as appropriate. Theserevisions include: In Sec.
226.4, a new paragraphspecifies that emergency shelters must be
reimbursed at the free rates for meals and snacks served; In Sec.
226.6, paragraph (d) is revised to specify that emergency shelters are
exempt from licensing or approval requirements for child care centers
but must meet applicable State or local health and safety requirements
(note: the exemption from licensing/approval and compliance with
health and safety standards are mandated by the NSLA, 42 U.S.C.
1766(t)(3) and (4)); In Sec. Sec. 226.7 and 226.9, emergency
shelters and sponsoring organizations of emergency shelters are
excluded from the requirement to submit information about
participants' income or eligibility for free, reduced price, orpaid
meals that the State agency uses to assign reimbursement rates to
centers; In Sec. 226.11, emergency shelters are included in the
requirement that State agencies may only reimburse centers for meal
types specified in the program agreement; In Sec. 226.15,
emergency shelters are excluded from the requirements to submit
enrollment information of participants and from
the requirements of determining their eligibility for free, reduced
price, or paid meals and snacks; In Sec. 226.16, emergency
shelters are added to the list of facilities that may be subject to a
separate agreement and are included in the list of centers that must
receive program payments from the sponsoring organization within five
working days of receipt; and In Sec. 226.23, revisions are made
to clarify that
institutions that elect not to charge separately for meals, such as
emergency shelters and sponsoring organizations of emergency shelters,
do not have to include the income eligibility guidelines in media
releases advertising free Program meals.
II. Procedural Matters
Executive Order 12866
This rule has been determined to be not significant and therefore
was not reviewed by the Office of Management and Budget under Executive
Order 12866.
Regulatory Flexibility Act
This rule has been reviewed with regard to the requirements of the
Regulatory Flexibility Act (5 U.S.C.601-612). Roberto Salazar, FNS
Administrator, has certified that this rule does not have a significant
impact on a substantial number of small entities. It affects public and
private nonprofit organizations or their sites that provide temporary
housing and food services to children by allowingthem to claim
reimbursement for the meals and snacks they serve to all resident
children, birth through age 18. FNS does not anticipate any significant
negative fiscal impact resulting from the implementation of this rule.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments, and on the private sector. Under section 202 of the UMRA,
FNS generally prepares a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, or tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When such a statement is needed for a rule, section 205 of
the UMRA generally requires FNS to identify and consider a reasonable
number of regulatory alternatives and adopt the least costly, most
cost-effective, or least burdensomealternative that achieves the
objectives of the rule.
This rule contains no Federal mandates of $100 million or more in
any one year (under regulatory provisions of Title II of the UMRA), for
State, local, or tribal governments, or for the private sector. Thus,
this rule is not subject to the requirements of sections 202 and 205 of
the UMRA. The CACFP is listed in the Catalog of Federal Domestic Assistance
under No. 10.558. For the reasons set forth in the final rule in 7 CFR
part 3015, Subpart V, and related Notice (48 FR 29115, June 24, 1983),
thisprogram is subject to the provisionsof Executive Order 12372,
which requires intergovernmental consultation with State and local
officials.

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President of The United States
Guy Ralph Perea Sr President of The United States
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Ambassador Chevy Chase; Kevin Corcran; Jack Nickolas; Cher; Shirley Temple
Black; Liza Minnille; Ansari; Ernest Tascoe; Food, Drug and Cosmetic Act
Agent Jodie Foster; Department of Veterans Affairs Director George H.W. Bush
Title 22 USCS section 1928 (b) The e-mail
transmission may contain legally privileged information that
is intended only for the individual or entity recipient, you are hereby,
notified that any disclosure, copying, distribution, or reliance upon the
contents of this E-mail is strictly prohibited. If you have received this
E-mail transmission in error, please reply to the sender, so arrangements
can be made for proper delivery. Title 42
USCS section 192 etseq Margie Paxton Chief of Childrens Bureau
Director of The United States Department of Human Services; Defendant
Article IV General Provisions Section 2
(Supreme Law of The Land) The Constitution of The United States "Any thing
in The Constitution or Laws of any State to the Contrary Notwithstanding"
Contrary to Law (of an act or omission) illegal;
https://plus.google.com/100487463984952448443
https://twitter.com/presidentus1



--
President of The United States
Guy Ralph Perea Sr President of The United States
Weatherdata1046am0426 a Discussion Group of
Weatherdata<http://groups.google.com/group/weatherdata1046am0426>
USFMSC
http://www.cityfreq.com/ca/avalon/>
QUALIFY QICP
OCCUPS
http://www.occupationalinfo.org/02/025062010.html
goldlandabstracts; link check
own search engine - The United
States International Policies
http://apps.facebook.com/faceblogged/?uid=1340855784
http://lnk.ms/8d5gl aol
http://groups.google.com/group/united-states-of-american
http://twitter.com/ptusss Federal Communication
Commission<http://columbiabroadcast.spaces.live.com/>

Ambassador Chevy Chase; Kevin Corcran; Jack Nickolas; Cher; Shirley Temple
Black; Liza Minnille; Ansari; Ernest Tascoe; Food, Drug and Cosmetic Act
Agent Jodie Foster; Department of Veterans Affairs Director George H.W. Bush
Title 22 USCS section 1928 (b) The e-mail
transmission may contain legally privileged information that
is intended only for the individual or entity recipient, you are hereby,
notified that any disclosure, copying, distribution, or reliance upon the
contents of this E-mail is strictly prohibited. If you have received this
E-mail transmission in error, please reply to the sender, so arrangements
can be made for proper delivery. Title 42
USCS section 192 etseq Margie Paxton Chief of Childrens Bureau
Director of The United States Department of Human Services; Defendant
Article IV General Provisions Section 2
(Supreme Law of The Land) The Constitution of The United States "Any thing
in The Constitution or Laws of any State to the Contrary Notwithstanding"
Contrary to Law (of an act or omission) illegal;
https://twitter.com/presidentus1

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