§612c. Appropriation to encourage exportation and domestic consumption of agricultural products
There is appropriated for each fiscal year beginning with the fiscal year ending June 30, 1936 an amount equal to 30 per centum of the gross receipts from duties collected under the customs laws during the period January 1 to December 31, both inclusive, preceding the beginning of each such fiscal year. Such sums shall be maintained in a separate fund and shall be used by the Secretary of Agriculture only to (1) encourage the exportation of agricultural commodities and products thereof by the payment of benefits in connection with the exportation thereof or of indemnities for losses incurred in connection with such exportation or by payments to producers in connection with the production of that part of any agricultural commodity required for domestic consumption; (2) encourage the domestic consumption of such commodities or products by diverting them, by the payment of benefits or indemnities or by other means, from the normal channels of trade and commerce or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture; and (3) reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes of this section. Notwithstanding any other provision of this section, the amount that may be devoted, during any fiscal year after June 30, 1939, to any one agricultural commodity or the products thereof in such fiscal year, shall not exceed 25 per centum of the funds available under this section for such fiscal year. The sums appropriated under this section shall be devoted principally to perishable nonbasic agricultural commodities (other than those receiving price support under section 1446 of this title) and their products. The sums appropriated under this section shall, notwithstanding the provisions of any other law, continue to remain available for the purposes of this section until expended; but any excess of the amount remaining unexpended at the end of any fiscal year over $300,000,000 shall, in the same manner as though it had been appropriated for the service of such fiscal year, be subject to the provisions of section 3690 1 of the Revised Statutes, and section 5 1 of the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes". A public or private nonprofit organization that receives agricultural commodities or the products thereof under clause (2) of the second sentence may transfer such commodities or products to another public or private nonprofit organization that agrees to use such commodities or products to provide, without cost or waste, nutrition assistance to individuals in low-income groups.
(Aug. 24, 1935, ch. 641, §32,
References in Text
Section 3690 of the Revised Statutes, and section 5 of act June 30, 1875, referred to in text, which were classified to sections 712 and 713 of former Title 31, Money and Finance, were repealed by act July 6, 1949, ch. 299, §3,
Codification
Section was not enacted as part of the Agricultural Adjustment Act which comprises this chapter.
Amendments
1985-
1954-Act Jan. 30, 1954, substituted "(other than those receiving price support under section 1446 of this title)" for "(other than those designated in section 1446 of this title)," in next to last sentence.
1949-Act Oct. 31, 1949, inserted sentence relating to perishable nonbasic agricultural commodities.
1948-Act July 3, 1948, inserted sentence providing for the accumulation of funds up to $300,000,000.
1939-Act June 30, 1939, in cl. (2), inserted "or by increasing their utilization through benefits, indemnities, donations or by other means, among persons in low income groups as determined by the Secretary of Agriculture".
1938-Act Feb. 16, 1938, inserted "Notwithstanding any other provision of this section, the amount that may be devoted, during any fiscal year after June 30, 1939, to any one agricultural commodity or the products thereof in such fiscal year, shall not exceed 25 per centum of the funds available under this section for such fiscal year."
1936-Act Feb. 29, 1936, struck out cl. (3) and inserted in lieu thereof immediately preceding second proviso "(3) reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Determinations by the Secretary as to what constitutes diversion and what constitutes normal channels of trade and commerce and what constitutes normal production for domestic consumption shall be final. The sums appropriated under this section shall be expended for such one or more of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will effectuate substantial accomplishment of any one or more of the purposes of this section."
Effective Date of 1948 Amendment
Amendment by act July 3, 1948, effective Jan. 1, 1950, see section 303 of act July 3, 1948, set out as a note under section 1301 of this title.
Transfer of Functions
Functions of all officers, agencies, and employees of the Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, §1, eff. June 4, 1953, 18 F.R. 3219,
Federal Surplus Relief Corporation changed to Federal Surplus Commodities Corporation by amendment of its charter in 1935. It consolidated with Division of Marketing and Marketing Agreements of Agricultural Adjustment Administration to form Surplus Marketing Administration by 1940 Reorg. Plan No. III, §5, 5 F.R. 2108,
Federal Surplus Commodities Corporation and Division of Marketing and Marketing Agreements of Agricultural Adjustment Administration and their functions consolidated into Surplus Marketing Administration in Department of Agriculture by Reorg. Plan No. III, §5, eff. June 30, 1940, set out in the Appendix to Title 5. See, also, sections 8 and 9 of said plan for provisions relating to transfer of records, property, personnel, and funds.
Additional Appropriations
Joint Res. July 1, 1941, ch. 266, §34,
Act July 1, 1941, ch. 267, §1,
Joint Res. June 26, 1940, ch. 432, §41,
Act June 25, 1940, ch. 421, §1,
Act June 30, 1939, besides amending clause 2, provided for the availability of funds provided by this section during the fiscal year 1940.
Act Aug. 25, 1937, ch. 757, title I, §1,
Use of Appropriation
Section 301 of act July 30, 1947, ch. 356, title III,
Cancellation or Rescission of Appropriation
Section 112(f) of act Apr. 3, 1948, ch. 169, title I,
Report on Entitlement Commodity Processing
"(1)
"(2)
"(3)
"(A) processing of entitlement commodities occurs in the States;
"(B) governmental requirements for participation in the processing vary among States; and
"(C) entitlement commodity recipients are satisfied with access to and services provided through entitlement commodity processing."
Soup Kitchens and Other Emergency Food Aid
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(c)
"(1) 1991
"(2) 1992
"(3)
"(d)
"(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.
"(e)
"(1)
"(2)
"(A)
"(B)
"(3)
"(f)
"(g)
"(h)
"(1)
"(2)
"(3)
"(i)
"(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.
"(j)
"(1)
"(2)
"(3)
"(k)
"(1)
"(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)
[Amendment by
[Amendment by section 1774(a)(1) of
[Section 110 of
Gleaning Clearinghouses
"(a)
"(b)
"(1)
"(2)
"(A) initiate and carry out gleaning activities, and to assist other organizations and individuals to do so, through lectures, correspondence, consultation, or such other measures as the Secretary may consider appropriate;
"(B) collect from public and private sources (including farmers, processors, and retailers) information relating to the kinds, quantities, and geographical locations of agricultural products not completely harvested;
"(C) gather, compile, and make available to public and nonprofit private organizations and to the public the statistics and other information collected under this paragraph, at reasonable intervals;
"(D) establish and operate a toll-free telephone line by which-
"(i) farmers, processors, and retailers may report to a Clearinghouse for dissemination information regarding unharvested crops and agricultural products available for gleaning, and may also report how they may be contacted;
"(ii) public and nonprofit organizations that wish to glean or to assist others to glean, may report to a Clearinghouse the kinds and amounts of products that are wanted for gleaning, and may also report how they may be contacted;
"(iii) persons who can transport crops or products may report the availability of free transportation for gleaned crops or products; and
"(iv) information about gleaning can be provided without charge by a Clearinghouse to the persons and organizations described in clauses (i), (ii), and (iii);
"(E) prepare, publish, and make available to the public, at cost and on a continuing basis, a handbook on gleaning that includes such information and advice as may be useful in operating efficient gleaning activities and projects, including information regarding how to-
"(i) organize groups to engage in gleaning; and
"(ii) distribute to needy individuals, including low-income and unemployed individuals, food and other agricultural products that have been gleaned; or
"(F) advertise in print, on radio, television, or through other media, as the Secretary considers to be appropriate, the services offered by a Clearinghouse under this section."
[Section 111 of
Continuation of Provision of Cheese Supplies
Encouragement of Food Processing and Distribution by Eligible Recipient Agencies
"(a)
"(1)
"(2)
"(A) process any agricultural commodity received in response to such application into end-use products suitable for distribution through the Emergency Food Assistance Program;
"(B) package such products for use by individual households; and
"(C) distribute such products to State agencies responsible for the administration of the Emergency Food Assistance Program, at no cost to the State agency, for distribution through the Emergency Food Assistance Program.
"(3)
"(b)
"(1)
"(2)
[Amendment by
[Section 220 of
Food Bank Demonstration Projects
"(a)
"(1) agricultural commodities or the products thereof made available under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); and
"(2) to the extent practicable, agricultural commodities or the products thereof made available 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).
"(b)
"(c)
"(d)
"(e)
[Section 502 of
Commodity Distribution Reform
"SECTION 1. SHORT TITLE.
"This Act [amending section 1431e of this title and sections 1755, 1769, and 1786 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and section 1786 of Title 42] may be cited as the 'Commodity Distribution Reform Act and WIC Amendments of 1987'.
"SEC. 2. STATEMENT OF PURPOSE; SENSE OF CONGRESS.
"(a)
"(b)
"(1) should be improved as an effective means of removing agricultural surpluses from the market and providing nutritious high-quality foods to recipient agencies;
"(2) is inextricably linked to the agricultural support and surplus removal programs; and
"(3) is an important mission of the Secretary of Agriculture.
"SEC. 3. COMMODITY DISTRIBUTION PROGRAM REFORMS.
"(a)
"(1)
"(A) consult with the advisory council established under paragraph (3);
"(B) consider both the results of the information received from recipient agencies under subsection (f)(2) and the results of an ongoing field testing program under subsection (g) in determining which commodities and products, and in which form the commodities and products, should be provided to recipient agencies; and
"(C) give significant weight to the recommendations of the advisory council established under paragraph (3) in ensuring that commodities and products are-
"(i) of the quality, size, and form most usable by recipient agencies; and
"(ii) to the maximum extent practicable, consistent with the Dietary Guidelines for Americans published by the Secretary of Agriculture and the Secretary of Health and Human Services.
"(2)
"(A) the commodity distribution and commodity supplemental food programs established under sections 4(a) and 5 of the Agriculture and Consumer Protection Act of 1973 [
"(B) the program established under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b));
"(C) the school lunch, commodity distribution, and child care food programs established under sections 6, 14, and 17 of the National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766);
"(D) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
"(E) the donation of surplus commodities to provide nutrition services under section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a); and
"(F) to the extent practicable-
"(i) the emergency food assistance program established under the Emergency Food Assistance Act of 1983 (
"(ii) programs under which food is donated to charitable institutions.
"(3)
"(i) representatives of recipient agencies, including food banks;
"(ii) representatives of food processors and food distributors;
"(iii) representatives of agricultural organizations;
"(iv) representatives of State distribution agency directors; and
"(v) representatives of State advisory committees.
"(B) The council shall meet not less than semiannually with appropriate officials of the Department of Agriculture and shall provide guidance to the Secretary on regulations and policy development with respect to specifications for commodities.
"(C) Members of the council shall serve without compensation but shall receive reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the committee.
"(D) The council shall report annually to the Secretary of Agriculture, the Committee on Education and Labor [now Committee on Economic and Educational Opportunities] and the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
"(E) The council shall expire on September 30, 1996.
"(b)
"(1) before the end of the 270-day period beginning on the date of the enactment of this Act [Jan. 8, 1988]-
"(A) implement a system to provide recipient agencies with options with respect to package sizes and forms of such commodities, based on information received from such agencies under subsection (f)(2), taking into account the duty of the Secretary-
"(i) to remove surplus stocks of agricultural commodities through the Commodity Credit Corporation;
"(ii) to purchase surplus agriculture commodities through section 32 of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.) [probably means section 32 of act Aug. 24, 1935, which is classified to section 612c of this title]; and
"(iii) to make direct purchases of agricultural commodities and other foods for distribution to recipient agencies under-
"(I) the commodity distribution and commodity supplemental food programs established under sections 4(a) and 5 of the Agriculture and Consumer Protection Act of 1973 [
"(II) the program established under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b));
"(III) the school lunch, commodity distribution, and child care food programs established under sections 6, 14, and 17 of the National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766);
"(IV) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and
"(V) the donation of surplus commodities to provide nutrition services under section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a); and
"(B) implement procedures to monitor the manner in which State distribution agencies carry out their responsibilities;
"(2) provide technical assistance to recipient agencies on the use of such commodities, including handling, storage, and menu planning and shall distribute to all recipient agencies suggested recipes for the use of donated commodities and products (the recipe cards shall be distributed as soon as practicable after the date of enactment of this Act [Jan. 8, 1988] and updated on a regular basis taking into consideration the Dietary Guidelines for Americans published by the Secretary of Agriculture and the Secretary of Health and Human Services, as in effect at the time of the update of the recipe files);
"(3) before the end of the 120-day period beginning on the date of the enactment of this Act [Jan. 8, 1988], implement a system under which the Secretary shall-
"(A) make available to State agencies summaries of the specifications with respect to such commodities and products; and
"(B) require State agencies to make such summaries available to recipient agencies on request;
"(4) implement a system for the dissemination to recipient agencies and to State distribution agencies-
"(A) not less than 60 days before each distribution of commodities by the Secretary is scheduled to begin, of information relating to the types and quantities of such commodities that are to be distributed; or
"(B) in the case of emergency purchases and purchases of perishable fruits and vegetables, of as much advance notification as is consistent with the need to ensure that high-quality commodities are distributed;
"(5) before the expiration of the 90-day period beginning on the date of the enactment of this Act [Jan. 8, 1988], establish procedures for the replacement of commodities received by recipient agencies that are stale, spoiled, out of condition, or not in compliance with the specifications developed under subsection (a)(1), including a requirement that the appropriate State distribution agency be notified promptly of the receipt of commodities that are stale, spoiled, out of condition, or not in compliance with the specifications developed under subsection (a)(1);
"(6) monitor the condition of commodities designated for donation to recipient agencies that are being stored by or for the Secretary to ensure that high quality is maintained;
"(7) establish a value for donated commodities and products to be used by State agencies in the allocation or charging of commodities against entitlements; and
"(8) require that each State distribution agency shall receive donated commodities not more than 90 days after such commodities are ordered by such agency, unless such agency specifies a longer delivery period.
"(c)
"(1)
"(2)
"(d)
"(1) evaluate its system for warehousing and distributing donated commodities to recipient agencies designated in subparagraphs (A) and (B) of section 13(3) (hereafter referred to in this Act as 'child and elderly nutrition program recipient agencies');
"(2) in the case of State distribution agencies that require payment of fees by child and elderly nutrition program recipient agencies for any aspect of warehousing or distribution, implement the warehousing and distribution system that provides donated commodities to such recipient agencies in the most efficient manner, at the lowest cost to such recipient agencies, and at a level that is not less than a basic level of services determined by the Secretary;
"(3) in determining the most efficient and lowest cost system, use commercial facilities for providing warehousing and distribution services to such recipient agencies, unless the State applies to the Secretary for approval to use other facilities demonstrating that, when both direct and indirect costs incurred by such recipient agencies are considered, such other facilities are more efficient and provide services at a lower total cost to such recipient agencies;
"(4) consider the preparation and storage capabilities of recipient agencies when ordering donated commodities, including capabilities of such agencies to handle commodity product forms, quality, packaging, and quantities; and
"(5) in the case of any such agency that enters into a contract with respect to processing of agricultural commodities and their products for recipient agencies-
"(A) test the product of such processing with the recipient agencies before entering into a contract for such processing; and
"(B) develop a system for monitoring product acceptability.
"(e)
"(1)
"(A) whenever fees are charged to local recipient agencies, the establishment of mandatory criteria for such fees based on national standards and industry charges (taking into account regional differences in such charges) to be used by State distribution agencies for storage and deliveries of commodities;
"(B) minimum performance standards to be followed by State agencies responsible for intrastate distribution of donated commodities and products;
"(C) procedures for allocating donated commodities among the States; and
"(D) delivery schedules for the distribution of commodities and products that are consistent with the needs of eligible recipient agencies, taking into account the duty of the Secretary-
"(i) to remove surplus stocks of agricultural commodities through the Commodity Credit Corporation;
"(ii) to purchase surplus agricultural commodities through 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); and
"(iii) to make direct purchases of agricultural commodities and other foods for distribution to recipient agencies under-
"(I) the commodity distribution and commodity supplemental food programs established under sections 4(a) and 5 of the Agriculture and Consumer Protection Act of 1973 [
"(II) the program established under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)); and
"(III) the school lunch, commodity distribution, and child care food programs established under sections 6, 14, and 17 of the National School Lunch Act (42 U.S.C. 1755, 1762a, and 1766);
"(IV) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and
"(V) the donation of surplus commodities to provide nutrition services under section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a).
"(2)
"(A) regulations as required by paragraph (1)(D) before the end of the 90-day period beginning on the date of enactment of this Act [Jan. 8, 1988]; and
"(B) regulations as required by subparagraphs (A), (B), and (C) of paragraph (1) before the end of the 270-day period beginning on such date.
"(f)
"(1)
"(2)
"(g)
"(h)
"(1)
"(2)
"(A) in the case of recipient agencies that have unusual or ethnic preferences in food products; or
"(B) for such other circumstances as the Secretary considers appropriate.
"(3)
"(i)
"(j) [Amended section 6(e) of the National School Lunch Act (42 U.S.C. 1755(e)).]
"(k)
"SEC. 3A. ADVANCE FUNDING FOR STATE OPTION CONTRACTS.
"(a)
"(b)
"SEC. 4. FOOD BANK PROJECT.
"(a)
"(b)
"(c)
"(d)
"SEC. 7. ASSESSMENT AND REPORT TO CONGRESS.
"(a)
"(b)
"SEC. 13. DEFINITIONS.
"For purposes of this Act:
"(1) The term 'donated commodities' means agricultural commodities and their products that are donated by the Secretary to recipient agencies.
"(2) The term 'entitlement commodities' means agricultural commodities and their products that are donated and charged by the Secretary against entitlements established under programs authorized by statute to receive such commodities.
"(3) The term 'recipient agency' means-
"(A) a school, school food service authority, or other agency authorized under the National School Lunch Act [42 U.S.C. 1751 et seq.] or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to operate breakfast programs, lunch programs, child care food programs, summer food service programs, or similar programs and to receive donations of agricultural commodities and their products acquired by the Secretary through price support, surplus removal, or direct purchase;
"(B) a nutrition program for the elderly authorized under title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.) to receive donations of agricultural commodities and their products acquired by the Secretary through price support, surplus removal, or direct purchase;
"(C) an agency or organization distributing commodities under the commodity supplemental food program established in section 4 of the Agriculture and Consumer Protection Act of 1973 [
"(D) any charitable institution, summer camp, or assistance agency for the food distribution program on Indian reservations authorized under section 4 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) to receive donations of agricultural commodities and their products acquired by the Secretary through price support, surplus removal, or direct purchase; or
"(E) an agency or organization distributing commodities under a program established in section 202 of the Emergency Food Assistance Act of 1983 [
"(4) The term 'State distribution agency' means a State agency responsible for the intrastate distribution of donated commodities.
"(5) The term 'Secretary' means Secretary of Agriculture, unless the context specifies otherwise.
"SEC. 14. GENERAL EFFECTIVE DATE.
"Except as otherwise provided in this Act, this Act and the amendments made by this Act [see section 1 set out above] shall take effect on the date of the enactment of this Act [Jan. 8, 1988]."
Food Bank Demonstration Project
"(a) The Secretary of Agriculture shall carry out no less than one demonstration project to provide and redistribute agricultural commodities and food products thereof as authorized under section 32 of the Act entitled 'An Act to amend the Agricultural Adjustment Act, and for other purposes', approved August 24, 1935, as amended (7 U.S.C. 612c), to needy individuals and families through community food banks. The Secretary may use a State agency or any other food distribution system for such provision or redistribution of section 32 agricultural commodities and food products through community food banks under a demonstration project.
"(b) Each food bank participating in the demonstration projects under this section shall establish a recordkeeping system and internal procedures to monitor the use of agricultural commodities and food products provided under this section. The Secretary shall develop standards by which the feasibility and effectiveness of the project shall be measured, and shall conduct an ongoing review of the effectiveness of the projects.
"(c) The Secretary shall determine the quantities, varieties, and types of agricultural commodities and food products to be made available under this section.
"(d) This section shall be effective for the period beginning on the date of enactment of this Act [Jan. 5, 1988] and ending on December 31, 1990.
"(e) The Secretary shall submit annual progress reports to Congress beginning on July 1, 1988, and a final report on July 1, 1990, regarding each demonstration project carried out under this section. Such reports shall include analyses and evaluations of the provision and redistribution of agricultural commodities and food products under the demonstration projects. In addition, the Secretary shall include in the final report any recommendations regarding improvements in the provision and redistribution of agricultural commodities and food products to community food banks and the feasibility of expanding such method of provisions and redistribution of agricultural commodities and food products to other community food banks."
Continuation of Distribution of Agricultural Commodities to Low-Income Elderly at Existing Levels
Section 1562(d) of
Report to Congress on Activities of Program Conducted Under Temporary Emergency Food Assistance Act of 1983
Section 1571 of
"(1) the volume and types of commodities distributed under the program;
"(2) the types of State and local agencies receiving commodities for distribution under the program;
"(3) the populations served under the program and their characteristics;
"(4) the Federal, State, and local costs of commodity distribution operations under the program (including transportation, storage, refrigeration, handling, distribution, and administrative costs); and
"(5) the amount of Federal funds provided to cover State and local costs under the program."
Emergency Food Assistance Act of 1983
"eligible recipient agencies
"(1) activities and projects providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons (including the activities and projects of charitable institutions, food banks, hunger centers, soup kitchens, and similar public or private nonprofit eligible recipient agencies) hereinafter in this title referred to as 'emergency feeding organizations';
"(2) school lunch programs, summer camps for children, and other child nutrition programs providing food service;
"(3) nutrition projects operating under the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], including congregate nutrition sites and providers of home-delivered meals;
"(4) activities and projects that are supported under section 4 of the Agriculture and Consumer Protection Act of 1973 [
"(5) activities of charitable institutions, including hospitals and retirement homes, to the extent that needy persons are served; or
"(6) disaster relief programs;
and that have been designated by the appropriate State agency, or by the Secretary, and approved by the Secretary for participation in the program established under this Act.
"availability of ccc commodities
"(1) carry out other domestic donation programs,
"(2) meet other domestic obligations (including quantities needed to carry out a payment-in-kind acreage diversion program),
"(3) meet international market development and food aid commitments, and
"(4) carry out the farm price and income stabilization purposes of the Agricultural Adjustment Act of 1938 [7 U.S.C. 1281 et seq.], the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], and the Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.],
shall be made available by the Secretary, without charge or credit for such commodities, for use by eligible recipient agencies for food assistance.
"[(b) Repealed.
"(c) In addition to any commodities described in subsection (a), in carrying out this Act, the Secretary may use agricultural commodities and the products thereof made available under clause (2) of the second sentence of 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).
"(d) Commodities made available under this Act shall include a variety of commodities and products thereof that are most useful to eligible recipient agencies, including, but not be [sic] limited to, dairy products, wheat or the products thereof, rice, honey, and cornmeal.
"(e) Effective April 1, 1986, the Secretary shall submit semiannually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the types and amounts of commodities made available for distribution under this Act.
"(f) Notwithstanding any other provision of law, the programs authorized by sections 153 and 1163 of the Food Security Act of 1985 [
"(g)(1) Whenever commodities acquired by the Commodity Credit Corporation are made available for donation to domestic food programs in quantities that exceed Federal obligations, the Secretary shall give equal consideration to making donations of such commodities to emergency feeding organizations participating in the program authorized by this Act as is given to other commodity recipient agencies, taking into account the types and amounts of commodities available and appropriate for distribution to these organizations.
"(2) In determining the commodities that will be made available to emergency feeding organizations under this Act, the Secretary may distribute commodities that become available on a seasonal or irregular basis.
"availability of ccc flour, cornmeal, and cheese
"
"(a)(1) To the extent provided in advance in an appropriation Act, in fiscal year 1988, flour, cornmeal, and cheese acquired by the Commodity Credit Corporation that are in excess of quantities needed to-
"(A) carry out other domestic donation programs,
"(B) meet other domestic obligations (including quantities needed to carry out a payment-in-kind acreage diversion program),
"(C) meet international market development and food aid commitments, and
"(D) carry out the farm price and income stabilization purposes of the Agricultural Adjustment Act of 1938 [7 U.S.C. 1281 et seq.], the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], and Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.],
shall be made available as provided in paragraph (2).
"(2) The Secretary shall make such excess flour, cornmeal, and cheese available in any State, in addition to the normal allotment of such commodities (adjusted by any reallocation) for fiscal year 1988 under this Act, at the request of the chief executive officer of such State who certifies to the Secretary that-
"(A)(i) individuals in such State who are eligible to receive flour, cornmeal, and cheese under this Act are not receiving such commodities distributed under other provisions of this Act, or
"(ii) the number of unemployed individuals in such State has increased during the most recent 90-day period for which unemployment statistics are available prior to the date the certification is made, and
"(B) the distribution of flour, cornmeal, and cheese under this section in such State will not substantially displace the commercial sale of such commodities in such State.
"(b) Flour, cornmeal, and cheese made available under this section by the Secretary shall be made available without charge or credit in fiscal year 1988, in a usable form, for use by eligible recipient agencies in a State.
"(c) The amount of cheese made available under this section in fiscal year 1988 shall not exceed 14,000,000 pounds.
"(d) Whenever the Secretary receives a request submitted under subsection (a)(2), the Secretary shall immediately notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that such request was received.
"processing agreements
"[
"initial processing costs
"federal and state responsibilities
"(b) State agencies receiving commodities under this Act shall, as expeditiously as possible, distribute such commodities, in the quantities requested (to the extent practicable), to eligible recipient agencies within their respective States. However, if a State agency cannot meet all requests for a particular commodity under this Act, the State agency shall give priority in the distribution of such commodity to eligible recipient agencies providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons. Each State agency shall encourage distribution of such commodities in rural areas.
"(c) Each State agency receiving commodities for individual household use under this Act shall distribute such commodities to eligible recipient agencies in the State that serve needy persons, and shall, with the approval of the Secretary, determine those persons in the State that shall qualify as needy persons eligible for such commodities.
"(d) Each State agency receiving commodities under this title may-
"(1) enter into cooperative agreements with State agencies of other States for joint provision of such commodities to an emergency feeding organization that serves needy persons in a single geographical area part of which is situated in each of such States; or
"(2) transfer such commodities to any such emergency feeding organization in the other State under such agreement.
"assurances; anticipated use
"(b) Commodities provided under this Act shall be distributed only in quantities that can be consumed without waste. No eligible recipient agency may receive commodities under this Act in excess of anticipated use, based on inventory records and controls, or in excess of its ability to accept and store such commodities.
"state and local supplementation of commodities
"
"(b)
"(c)
"authorization and appropriations
"(a)(1) There are authorized to be appropriated $50,000,000 for each of the fiscal years 1991 through 1995 for the Secretary to make available to the States for State and local payments for costs associated with the distribution of commodities by emergency feeding organizations under this title. Funds appropriated under this paragraph for any fiscal year shall be allocated to the States on an advance basis, dividing such funds among the States in the same proportions as the commodities distributed under this title for such fiscal year are divided among the States. If a State agency is unable to use all of the funds so allocated to it, the Secretary shall reallocate such unused funds among the other States. States may also use funds provided under this paragraph to pay for the costs associated with the distribution of commodities under the program authorized under section 110 of the Hunger Prevention Act of 1988 [section 110 of
"(2) Each State shall make available to emergency feeding organizations in the State not less than 40 per centum of the funds provided as authorized in paragraph (1) that it has been allocated for a fiscal year, as necessary to pay for, or provide advance payments to cover, the direct expenses of the emergency feeding organizations for distributing commodities to needy persons, but only to the extent such expenses are actually so incurred by such organizations. As used in this paragraph, the term 'direct expenses' includes costs of transporting, storing, handling, repackaging, processing, and distributing commodities incurred after they are received by the organization; costs associated with determinations of eligibility, verification, and documentation; costs of providing information to persons receiving commodities under this Act concerning the appropriate storage and preparation of such commodities; costs involved in publishing announcements of times and locations of distribution; and costs of recordkeeping, auditing, and other administrative procedures required for participation in the program under this title. If a State makes a payment, using State funds, to cover direct expenses of emergency feeding organizations, the amount of such payment shall be counted toward the amount a State must make available for direct expenses of emergency feeding organizations under this paragraph.
"(3) States to which funds are allocated for a fiscal year under this subsection shall submit financial reports to the Secretary, on a regular basis, as to the use of such funds. No such funds may be used by States or emergency feeding organizations for costs other than those involved in covering the expenses related to the distribution of commodities by emergency feeding organizations.
"(4)(A) Except as provided in subparagraph (B), effective January 1, 1987, to be eligible to receive funds under this subsection, a State shall provide in cash or in kind (according to procedures approved by the Secretary for certifying these in-kind contributions) from non-Federal sources a contribution equal to the difference between-
"(i) the amount of such funds so received; and
"(ii) any part of the amount allocated to the State and paid by the State-
"(I) to emergency feeding organizations; or
"(II) for the direct expenses of such organizations;
for use in carrying out this title.
"(B)(i) Except as provided in clause (ii), subparagraph (A) shall apply to States beginning on January 1, 1987.
"(ii) If the legislature of a State does not convene in regular session before January 1, 1987, paragraph (1) shall apply to such State beginning on October 1, 1987.
"(C) Funds allocated to a State under this section may, upon State request, be allocated before States satisfy the matching requirement specified in subparagraph (A), based on the estimated contribution required. The Secretary shall periodically reconcile estimated and actual contributions and adjust allocations to the State to correct for overpayments and underpayments.
"(5) States may not charge for commodities made available to emergency feeding organizations, and may not pass on to such organizations the cost of any matching requirements, under this Act.
"(b) The value of the commodities made available under this Act and the funds of the Corporation used to pay the costs of initial processing, packaging (including forms suitable for home use), and delivering commodities to the States shall not be charged against appropriations made or authorized under this section.
"relationships to other programs
"
"(b) Except as otherwise provided in section 203A of this Act, none of the commodities distributed under this Act shall be sold or otherwise disposed of in commercial channels in any form.
"commodities not income
"
"penalties
"(1) striking out 'or section 709' and inserting in lieu thereof 'section 709'; and
"(2) inserting after '(7 U.S.C. 1446a–1)' the phrase 'or the Emergency Food Assistance Act of 1983'.
"prohibition against certain state charges
"commodity supplemental food program administrative expenses
"[
"regulations
"(b) In administering this Act, the Secretary shall minimize, to the maximum extent practicable, the regulatory, recordkeeping, and paperwork requirements imposed on eligible recipient agencies.
"(c)(1) The Secretary shall as early as feasible but not later than the beginning of each fiscal year, publish in the Federal Register an estimate of the types and quantities of commodities that the Secretary anticipates are likely to be made available under the commodity distribution program under this Act during the fiscal year.
"(2) The actual types and quantities of commodities made available by the Secretary under this Act may differ from the estimates made under paragraph (1).
"(d) The regulations issued by the Secretary under this section shall include provisions that set standards with respect to liability for commodity losses under the program under this title in situations in which there is no evidence of negligence or fraud, and conditions for payment to cover such losses. Such provisions shall take into consideration the special needs and circumstances of emergency feeding organizations[.]
"(e) The Secretary is authorized to issue final regulations without first issuing proposed regulations (except as otherwise provided for in section 214(j)) for public comment in order to carry out the provisions of sections 213 and 214. If final regulations are issued without such prior public comment the Secretary shall permit public comment on such regulations, consider pertinent comments, and make modifications of such regulations as appropriate not later than 1 year after the date of enactment of this subsection [Sept. 19, 1988]. Such final and modified regulations shall be accompanied by a statement of the basis and purpose for such regulations.
"finality of determinations
"program termination
"incorporation of additional commodities
"
"(b)
"required purchases of commodities
"
"(b)
"(1)
"(2)
"(3)
"(4)
"(5)
"(c)
"(d)
"(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)
"(f)
"(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)
"(h)
"(i)
"(j)
"(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."
"settlement and adjustment of claims
"
"(1) determine the amount of, settle, and adjust any claim arising under this Act; and
"(2) waive such a claim if the Secretary determines that to do so will serve the purposes of this Act.
"(b)
[Amendment by
[Amendment by section 1772(a), (b), (d), and (h)(1) of
[Amendment by sections 101 and 103 of
Agricultural Export Promotion
[Amendments made by section 405(d) of
Distribution of Commodities to Individuals in Cases of Hardship
Similar provisions were contained in the following prior appropriations acts:
Commodity Distribution Program; Purchase of Agricultural Commodities; Furnishing Commodities to Summer Camps
"(a) Notwithstanding any other provision of law, the Secretary may, during fiscal years 1991 through 1995, purchase and distribute sufficient agricultural commodities with funds appropriated from the general fund of the Treasury to maintain the traditional level of assistance for food assistance programs as are authorized by law, including but not limited to distribution to institutions (including hospitals and facilities caring for needy infants and children), supplemental feeding programs serving women, infants, and children or elderly persons, or both, wherever located, disaster areas, summer camps for children, the United States Trust Territory of the Pacific Islands, and Indians, whenever a tribal organization requests distribution of federally donated foods pursuant to section 4(b) of the Food Stamp Act of 1977 [section 2013(b) of this title]. In providing for commodity distribution to Indians, the Secretary shall improve the variety and quantity of commodities supplied to Indians in order to provide them an opportunity to obtain a more nutritious diet.
"(b) The Secretary may furnish commodities to summer camps for children in which the number of adults participating in camp activities as compared with the number of children 18 years of age and under so participating is not unreasonable in light of the nature of such camp and the characteristics of the children in attendance."
"(c) Whoever embezzles, willfully misapplies, steals or obtains by fraud any agricultural commodity or its products (or any funds, assets, or property deriving from donation of such commodities) provided under this section, or under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a–1), or the Emergency Food Assistance Act of 1983 [set out as a note above], whether received directly or indirectly from the United States Department of Agriculture, or whoever receives, conceals, or retains such commodities, products, funds, assets, or property for personal use or gain, knowing such commodities, products, funds, assets, or property have been embezzled, willfully misapplied, stolen, or obtained by fraud shall, if such commodities, products, funds, assets, or property are of a value of $100 or more, be fined not more than $10,000 or imprisoned not more than five years, or both, or if such commodities, products, funds, assets, or property are of value of less than $100, shall be fined not more than $1,000 or imprisoned for not more than one year, or both."
[Amendment by section 1771(a) of
[Section 1334 of
[Section 1302(b) and section 1304(a) in part, both of
[
[For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.]
Commodity Supplemental Food Program
Section 5 of
"(a) In carrying out the supplemental feeding program (hereinafter referred to as the 'commodity supplemental food program') under section 4 of this Act [set out as a note above], the Secretary (1) may institute two pilot projects directed at low-income elderly persons, including, where feasible, distribution of commodities to such persons in their homes; and (2) shall provide to the State agencies administering the commodity supplemental food program, for each of the fiscal years 1991 through 1995, funds appropriated from the general fund of the Treasury in amounts equal to the administrative costs of State and local agencies in operating the program, except that the funds provided to State agencies each fiscal year may not exceed 20 percent of the amount appropriated for the commodity supplemental food program.
"(b) During the first three months of any commodity supplemental food program, or until such program reaches its projected caseload level, whichever comes first, the Secretary shall pay those administrative costs necessary to commence the program successfully: Provided, That in no event shall administrative costs paid by the Secretary for any fiscal year exceed the limitation established in subsection (a) of this section.
"(c) Administrative costs for the purposes of the commodity supplemental food program shall include, but not be limited to, expenses for information and referral, operation, monitoring, nutrition education, start-up costs, and general administration, including staff, warehouse and transportation personnel, insurance, and administration of the State or local office.
"(d)(1) During each fiscal year the commodity supplemental food program is in operation, the types and varieties of commodities and their proportional amounts shall be determined by the Secretary, but, if the Secretary proposes to make any significant changes in the types, varieties, or proportional amounts from those that were available or were planned at the beginning of the fiscal year (or as were available during the fiscal year ending June 30, 1976, whichever is greater) the Secretary shall report such changes before implementation to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
"(2) Notwithstanding any other provision of law, the Commodity Credit Corporation shall, to the extent that the Commodity Credit Corporation inventory levels permit, provide not less than 9,000,000 pounds of cheese and not less than 4,000,000 pounds of nonfat dry milk in each of the fiscal years 1991 through 1995 to the Secretary of Agriculture. The Secretary shall use such amounts of cheese and nonfat dry milk to carry out the commodity supplemental food program before the end of each fiscal year.
"(e) The Secretary of Agriculture is authorized to issue such regulations as may be necessary to carry out the commodity supplemental food program.
"(f) The Secretary shall, in any fiscal year, approve applications of additional sites for the program, including sites that serve only elderly persons, in areas in which the program currently does not operate to the full extent that this can be done within the appropriations available for the program for the fiscal year and without reducing actual participation levels (including participation of elderly persons under subsection (g)) in areas in which the program is in effect.
"(g) If a local agency that administers the commodity supplemental food program determines that the amount of funds made available to the agency to carry out this section exceeds the amount of funds necessary to provide assistance under such program to women, infants, and children, the agency, with the approval of the Secretary, may permit low-income elderly persons (as defined by the Secretary) to participate in and be served by such program.
"(h) Each State agency administering a commodity supplemental food program serving women, infants, and children shall-
"(1) ensure that written information concerning food stamps, the program for aid to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), and the child support enforcement program under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) is provided on at least one occasion to each adult who applies for or participates in the commodity supplemental food program;
"(2) provide each local agency with materials showing the maximum income limits, according to family size, applicable to pregnant women, infants, and children up to age 6 under the medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (hereinafter referred to in this section as the 'medicaid program') which materials may be identical to those provided under section 17(e)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(e)(3)); and
"(3) ensure that local agencies provide to pregnant, breast feeding and post partum women, and adults applying on behalf of infants or children, who apply to the commodity supplemental food program, or who reapply to such program, written information about the medicaid program and referral to the program or to agencies authorized to determine presumptive eligibility for the medicaid program, if the individuals are not participating in the medicaid program.
"(i) Each State agency administering a commodity supplemental food program serving elderly persons shall ensure that written information is provided on at least one occasion to each elderly participant in or applicant for the commodity supplemental food program for the elderly concerning-
"(1) food stamps provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
"(2) the supplemental security income benefits provided under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); and
"(3) medical assistance provided under title XIX of such Act (42 U.S.C. 1396 et seq.) (including medical assistance provided to a qualified medicare beneficiary (as defined in section 1905(p) of such Act (42 U.S.C. 1396d(5)))).
"(j)(1) If the Secretary must pay a significantly higher than expected price for one or more types of commodities purchased under the commodity supplemental food program, the Secretary shall promptly determine whether the price is likely to cause the number of persons that can be served in the program in a fiscal year to decline.
"(2) If the Secretary determines that such a decline would occur, the Secretary shall promptly notify the State agencies charged with operating the program of the decline and shall ensure that a State agency notify all local agencies operating the program in the State of the decline.
"(k)(1) 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 the commodity supplemental food program; and
"(B) waive such a claim if the Secretary determines that to do so will serve the purposes of the program.
"(2) 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."
[Amendment by section 922(c) of
[Amendment by sections 1771(c)(2) and 1774(c) of
[Section 1335 of
[Section 1304(b) of
Direct Distribution Programs for Diet of Needy Children and Low-Income Persons Suffering From General and Continued Hunger; Additional Funds
Section 6 of
Use of Funds for School Lunch Program Under Section 1753 of Title 42
Use of funds appropriated under this section for implementing section 1753 of Title 42 till supplemental appropriation is made and reimbursement of such funds, see section 4(a) of
Transfer of Funds to Schools in Need of Additional Assistance in School Breakfast Program
Authorization for transfer of funds under this section to assist schools in need of additional funds in school breakfast program, see note set out under section 1773 of Title 42, The Public Health and Welfare.
Additional Funds for Food Service Programs for Children; Apportionment to States; Special Assistance; Consultation With Child Nutrition Council; Reimbursement From Supplemental Appropriation
Additional funds for food service programs for children from appropriations under this section, apportionment to States, special assistance programs, consultation with National Advisory Council on Child Nutrition, and reimbursement from supplemental appropriation, see note set out under section 1753 of Title 42, The Public Health and Welfare.
Meal and Flour for Relief
Act Aug. 9, 1955, ch. 671,
Eligibility of Supplemental Security Income Recipients for Food Stamps During the Period Ending September 30, 1978
[Amendment by
Food Stamp Plan
Acts June 25, 1940, ch. 421, §1,
Distribution of Surplus Commodities to Other United States Areas
Extension of relief programs to areas under United States jurisdiction, see section 1431b of this title.
Fishery Products; Use of Funds
Use of funds made available under this section for distribution of surplus fishery products, and for promotion of free flow of domestically produced fishery products, see sections 713c–2 and 713c–3 of Title 15, Commerce and Trade.
Home Economics Training
Authorization of schools to use surplus foods received under this section to train students in home economics, see note set out under section 1431 of this title.
Cross References
Secretary of Agriculture not precluded from carrying on programs under this section by International Wheat Agreement Act of 1949, see section 1641 of this title.
Supplemental appropriations to encourage exportation and domestic consumption of agricultural products, see section 1855 of this title.
Transfer of funds to Federal Surplus Commodities Corporation to effectuate clause (2) of this section, see section 713c of Title 15, Commerce and Trade.
Utilization of services and facilities of Commodity Credit Corporation in carrying out program under this section, see section 1424 of this title.
Section Referred to in Other Sections
This section is referred to in sections 624, 1392, 1421, 1424, 1431b, 1641, 1736m, 1855, 2627, 4004, 5676 of this title; title 12 section 1150a; title 15 sections 713c, 713c–2, 713c–3; title 22 section 1922; title 31 section 1511; title 40 section 474; title 42 sections 1755, 1758, 1761, 1762a, 1777, 1786, 3030a, 3045f, 5180.