
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC612c]

 
                          TITLE 7--AGRICULTURE
 
                   CHAPTER 26--AGRICULTURAL ADJUSTMENT
 
                   SUBCHAPTER III--COMMODITY BENEFITS
 
Sec. 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.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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(Aug. 24, 1935, ch. 641, Sec. 32, 49 Stat. 774; Feb. 29, 1936, ch. 104, 
Sec. 2, 49 Stat. 1151; Feb. 16, 1938, ch. 30, title II, Sec. 203, 52 
Stat. 38; June 30, 1939, ch. 253, title I, 53 Stat. 975; July 3, 1948, 
ch. 827, title III, Sec. 301, 62 Stat. 1257; Oct. 31, 1949, ch. 792, 
title IV, Sec. 411, 63 Stat. 1057; Jan. 30, 1954, ch. 2, Sec. 5(b), 68 
Stat. 7; Pub. L. 99-198, title XV, Sec. 1561, Dec. 23, 1985, 99 Stat. 
1589.)

                       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, Sec. 3, 63 Stat. 407.

                          Codification

    Section was not enacted as part of the Agricultural Adjustment Act 
which comprises this chapter.


                               Amendments

    1985--Pub. L. 99-198 inserted sentence authorizing a public or 
private nonprofit organization that receives agricultural commodities or 
the products thereof under clause (2) of the second sentence to 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.
    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, Sec. 1, eff. June 4, 1953, 18 
F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this 
title.
    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, Sec. 5, 5 F.R. 2108, 54 
Stat. 1232, set out in the Appendix to Title 5, Government Organization 
and Employees. By Executive orders under First War Powers Act, former 
section 601 et seq. of Appendix to Title 50, War and National Defense, 
Surplus Marketing Administration merged into Agricultural Marketing 
Administration, which consolidated into Food Distribution 
Administration, which consolidated into War Food Administration, which 
terminated and its functions transferred to Secretary of Agriculture. By 
Memorandum 1118, Secretary of Agriculture, Aug. 18, 1945, functions of 
Federal Surplus Commodities Corporation transferred to Production and 
Marketing Administration. 1946 Reorg. Plan No. 3, Sec. 501(a), eff. July 
16, 1946, 11 F.R. 7877, 60 Stat. 1100, transferred functions of Surplus 
Marketing Administration to Secretary of Agriculture. In his letter to 
Congress, the President stated that purpose of this transfer was to 
permit Secretary of Agriculture to continue the consolidation already 
effected in Production and Marketing Administration.
    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, Sec. 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, Sec. 34, 55 Stat. 407, 
appropriated, in addition to the funds already provided, $25,000,000, to 
be used by the Secretary of Agriculture, for the purpose of effectuating 
this section, subject to the provisions of law relating to the 
expenditure of such funds.
    Act July 1, 1941, ch. 267, Sec. 1, 55 Stat. 435, made the funds 
provided for in this section available for the fiscal year 1942.
    Joint Res. June 26, 1940, ch. 432, Sec. 41, 54 Stat. 627, 
appropriated, in addition to the funds already provided, $50,000,000, to 
be used by the Secretary of Agriculture, for the purpose of effectuating 
this section, subject to the provisions of law relating to the 
expenditure of such funds.
    Act June 25, 1940, ch. 421, Sec. 1, 54 Stat. 561, made the funds 
provided for in this section available for the fiscal year 1941.
    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, Sec. 1, 50 Stat. 762, provided 
for availability of portions of funds available under this section in 
fiscal years 1938 and 1939, for expenditure for price-adjustment 
payments with respect to 1937 cotton crop.


                          Use of Appropriation

    Section 301 of act July 30, 1947, ch. 356, title III, 61 Stat. 550, 
provided that, notwithstanding section 612c of this title, no more than 
$44,000,000 would be available during the fiscal year ending June 30, 
1948, for use in effectuating this chapter; that $65,000,000 of the 
fiscal year 1948 appropriation were made available to carry out the 
National School Lunch Act of June 4, 1946, without regard to the 25 per 
cent limitation in section 612c and exclusive of funds expended pursuant 
to the last sentence of section 9 of the National School Lunch Act: 
provided that no part of such funds were to be used for nonfood 
assistance under section 5 of said Act; and that the remainder of the 
fund appropriated by said Act for the fiscal year 1948 was rescinded 
effective July 1, 1947, carried to the surplus fund, and covered into 
the Treasury immediately thereafter.


               Cancellation or Rescission of Appropriation

    Section 112(f) of act Apr. 3, 1948, ch. 169, title I, 62 Stat. 148, 
which provided in part for the rescission or cancellation of 
appropriations under this section as provided for in act July 30, 1947, 
ch. 356, title III, 61 Stat. 550, was repealed by act Oct. 10, 1951, ch. 
479, title V, Sec. 503(b)(1), as added June 20, 1952, ch. 449, Sec. 7 
(c), 66 Stat. 144.


 Domestic Fish or Fish Product Compliance With Food Safety Standards or 
    Procedures Deemed To Have Met Requirements for Federal Commodity 
                            Purchase Programs

    Domestic fish or fish products produced in compliance with food 
safety standards or procedures accepted by Food and Drug Administration 
deemed to have met inspection requirements for program authorized by 
this section, except that lot inspections may be utilized, see section 
733 of Pub. L. 104-180, set out as a note under section 342 of Title 21, 
Food and Drugs.


               Report on Entitlement Commodity Processing

    Pub. L. 101-624, title XVII, Sec. 1773(f), Nov. 28, 1990, 104 Stat. 
3811, directed Comptroller General of the United States, not later than 
Jan. 1, 1992, to submit a report to Congress regarding processing of 
entitlement commodities used in child nutrition programs, with 
evaluation of extent to which processing of entitlement commodities 
occurs in the States, governmental requirements for participation in the 
processing vary among States, and entitlement commodity recipients are 
satisfied with access to and services provided through entitlement 
commodity processing, prior to repeal by Pub. L. 104-193, title VIII, 
Sec. 874, Aug. 22, 1996, 110 Stat. 2346.


               Soup Kitchens and Other Emergency Food Aid

    Pub. L. 100-435, title I, Sec. 110, Sept. 19, 1988, 102 Stat. 1651, 
as amended by Pub. L. 101-624, title XVII, Sec. 1774(a), Nov. 28, 1990, 
104 Stat. 3811; Pub. L. 102-237, title IX, Sec. 922(a), Dec. 13, 1991, 
105 Stat. 1888; Pub. L. 104-127, title IV, Sec. 404, Apr. 4, 1996, 110 
Stat. 1029, established formula so that amount, measured by their value, 
of additional commodities that were to be provided to each State for 
redistribution to soup kitchens and food banks could be precisely 
calculated for fiscal years 1989 through 2002, and further provided for 
definitions, appropriations through fiscal year 2002 to purchase 
additional commodities, mandatory allotments to States, maintenance of 
effort by States, authority of Secretary to establish different formula 
for allocation of commodities, priority system for State distribution of 
commodities, and settlement and adjustment of claims, prior to repeal by 
Pub. L. 104-193, title VIII, Sec. 873(1), Aug. 22, 1996, 110 Stat. 2346.


                         Gleaning Clearinghouses

    Pub. L. 100-435, title I, Sec. 111, Sept. 19, 1988, 102 Stat. 1654, 
as amended by Pub. L. 101-624, title XVII, Sec. 1774(b), Nov. 28, 1990, 
104 Stat. 3812, provided that:
    ``(a) Definition of Gleaning.--For purposes of this section, the 
term `to glean' means to collect unharvested crops from the fields of 
farmers, or to obtain agricultural products from farmers, processors, or 
retailers, in order to distribute the products to needy individuals, 
including unemployed and low-income individuals, and the term includes 
only those situations in which agricultural products and access to 
fields and facilities are made available without charge.
    ``(b) Establishment.--
        ``(1) In general.--The Secretary of Agriculture (hereafter in 
    this section referred to as the `Secretary') is authorized to assist 
    States and private nonprofit organizations in establishing Gleaning 
    Clearinghouses (hereafter in this section referred to as a 
    `Clearinghouse').
        ``(2) Assistance.--The Secretary is authorized to provide 
    technical information and other assistance considered appropriate by 
    the Secretary to encourage public and nonprofit private 
    organizations to--
            ``(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 Pub. L. 100-435 effective and implemented on Oct. 1, 
1988, except that such section to become effective and implemented on 
Oct. 1, 1989, if final order is issued under section 902(b) of Title 2, 
The Congress, for fiscal year 1989 making reductions and sequestrations 
specified in the report required under section 901(a)(3)(A) of Title 2, 
see section 701(a), (c)(2) of Pub. L. 100-435, set out as an Effective 
Date of 1988 Amendment note under section 2012 of this title.]


              Continuation of Provision of Cheese Supplies

    Pub. L. 100-435, title I, Sec. 130, Sept. 19, 1988, 102 Stat. 1655, 
was redesignated section 5(d)(2) of Pub. L. 93-86, set out below, by 
Pub. L. 101-624, title XVII, Sec. 1774(c)(2)(A), Nov. 28, 1990, 104 
Stat. 3813.


Encouragement of Food Processing and Distribution by Eligible Recipient 
                                Agencies

    Pub. L. 100-435, title II, Sec. 220, Sept. 19, 1988, 102 Stat. 1659, 
as amended by Pub. L. 101-624, title XVII, Sec. 1772(h)(5), Nov. 28, 
1990, 104 Stat. 3809; Pub. L. 102-237, title IX, Sec. 942, Dec. 13, 
1991, 105 Stat. 1893, provided that, not later than 60 days after Sept. 
19, 1988, Secretary of Agriculture was, to extent that Commodity Credit 
Corporation's inventory levels permitted, solicit applications for 
surplus commodities available for distribution under section 202 of Pub. 
L. 98-8 (7 U.S.C. 7502), and further provided for requirements for 
solicitations as well as review of applications, prior to repeal by Pub. 
L. 104-193, title VIII, Sec. 873(2), Aug. 22, 1996, 110 Stat. 2346.


                    Food Bank Demonstration Projects

    Pub. L. 100-435, title V, Sec. 502, Sept. 19, 1988, 102 Stat. 1671, 
authorized Secretary of Agriculture to carry out demonstration projects 
to provide and redistribute certain agricultural commodities to needy 
individuals and families through community food banks and other 
charitable food banks, authorized Secretary to determine quantities, 
varieties, and types of agricultural commodities and products thereof to 
be made available to community food banks, and provided for report to 
Congress not later than July 1, 1990, as well as for termination of 
authority on Sept. 30, 1990, and appropriations to carry out projects, 
prior to repeal by Pub. L. 104-193, title VIII, Sec. 873(3), Aug. 22, 
1996, 110 Stat. 2346.


                      Commodity Distribution Reform

    Pub. L. 100-237, Secs. 1-4, 7, 13-18, Jan. 8, 1988, 101 Stat. 1733, 
1739, 1740, 1742, 1743, as amended by Pub. L. 101-624, title XVII, 
Secs. 1772(h)(3), (4), 1773(a)-(e), Nov. 28, 1990, 104 Stat. 3809-3811; 
Pub. L. 102-342, title IV, Sec. 401, Aug. 14, 1992, 106 Stat. 914; Pub. 
L. 103-448, title III, Sec. 303, Nov. 2, 1994, 108 Stat. 4750; Pub. L. 
105-336, title III, Secs. 301, 302, Oct. 31, 1998, 112 Stat. 3167, 3168; 
Pub. L. 106-78, title VII, Sec. 752(b)(1), Oct. 22, 1999, 113 Stat. 
1169; Pub. L. 106-472, title III, Sec. 307(a), Nov. 9, 2000, 114 Stat. 
2073, provided that:
``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) Statement of Purpose.--It is the purpose of this Act to 
improve the manner in which agricultural commodities acquired by the 
Department of Agriculture are distributed to recipient agencies, the 
quality of the commodities that are distributed, and the degree to which 
such distribution reponds [sic] to the needs of the recipient agencies.
    ``(b) Sense of Congress.--It is the sense of Congress that the 
distribution of commodities and products--
        ``(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) Commodities Specifications.--
        ``(1) Development.--In developing specifications for commodities 
    acquired through price support, surplus removal, and direct purchase 
    programs of the Department of Agriculture that are donated for use 
    for programs or institutions described in paragraph (2), the 
    Secretary shall--
            ``(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) Applicability.--Paragraph (1) shall apply to--
            ``(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 [Pub. L. 93-86] 
        (7 U.S.C. 612c note);
            ``(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 Richard B. Russell 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 (Public Law 
            100-237 [Pub. L. 98-8, title II]; 7 U.S.C. 612c note) [7 
            U.S.C. 7501 et seq.]; and
                ``(ii) programs under which food is donated to 
            charitable institutions.
        ``(3) Advisory council.--(A) The Secretary shall establish an 
    advisory council on the distribution of donated commodities to 
    recipient agencies. The Secretary shall appoint not less than nine 
    and not more than 15 members to the council, including--
            ``(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 
    Education and the Workforce] 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) Duties of Secretary With Respect to Provision of 
Commodities.--With respect to the provision of commodities to recipient 
agencies, the Secretary shall--
        ``(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 
                [Pub. L. 93-86] (7 U.S.C. 612c note);
          ``(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 Richard B. Russell 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) Qualifications for Purchase of Commodities.--
        ``(1) Offers for equal or less poundage.--Subject to compliance 
    by the Secretary with surplus removal responsibilities under other 
    provisions of law, the Secretary may not refuse any offer in 
    response to an invitation to bid with respect to a contract for the 
    purchase of entitlement commodities (provided in standard order 
    sizes) solely on the basis that such offer provides less than the 
    total amount of poundage for a destination specified in such 
    invitation.
        ``(2) Other qualifications.--The Secretary may not enter into a 
    contract for the purchase of entitlement commodities unless the 
    Secretary considers the previous history and current patterns of the 
    bidding party with respect to compliance with applicable meat 
    inspection laws and with other appropriate standards relating to the 
    wholesomeness of food for human consumption.
    ``(d) Duties of State Distribution Agencies.--On or before July 1, 
1992, the Secretary shall by regulation require each State distribution 
agency to--
        ``(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) Regulations.--
        ``(1) In general.--The Secretary shall provide by regulation 
    for--
            ``(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 
                [Pub. L. 93-86] (7 U.S.C. 612c note);
          ``(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 Richard B. Russell 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) Time for promulgation of regulations.--The Secretary shall 
    promulgate--
            ``(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) Review of Provision of Commodities.--
        ``(1) In general.--Before the expiration of the 270-day period 
    beginning on the date of the enactment of this Act [Jan. 8, 1988], 
    the Secretary shall establish procedures to provide for systematic 
    review of the costs and benefits of providing commodities of the 
    kind and quantity that are suitable to the needs of recipient 
    agencies.
        ``(2) Information from recipient agencies.--
            ``(A) In general.--The Secretary shall ensure that 
        information with respect to the types and forms of commodities 
        that are most useful to persons participating in programs 
        described in subsection (a)(2) is collected from recipient 
        agencies operating the programs.
            ``(B) Frequency.--The information shall be collected at 
        least once every 2 years.
            ``(C) Additional submissions.--The Secretary shall provide 
        the recipient agencies a means for voluntarily submitting 
        customer acceptability information.
    ``(g) Testing for Acceptability.--The Secretary shall establish an 
ongoing field testing program for present and anticipated commodity and 
product purchases to test product acceptability with program 
participants. Test results shall be taken into consideration in deciding 
which commodities and products, and in what form the commodities and 
products, should be provided to recipient agencies.
    ``(h) Buy American Provision.--
        ``(1) In general.--The Secretary shall require that recipient 
    agencies purchase, whenever possible, only food products that are 
    produced in the United States.
        ``(2) Waiver.--The Secretary may waive the requirement 
    established in paragraph (1)--
            ``(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) Exception.--The requirement established in paragraph (1) 
    shall not apply to recipient agencies in Alaska, Guam, American 
    Samoa, Puerto Rico, the Virgin Islands, or the Commonwealth of the 
    Northern Mariana Islands. The requirement established in paragraph 
    (1) shall apply to recipient agencies in Hawaii only with respect to 
    the purchase of pineapples.
    ``(i) Uniform Interpretation.--The Secretary shall take such actions 
as are necessary to ensure that regional offices of the Department of 
Agriculture interpret uniformly across the United States policies and 
regulations issued to implement this section.
    ``(j) [Amended section 1755(e) of Title 42, The Public Health and 
Welfare.]
    ``(k) Report.--Not later than January 1, 1989, the Secretary shall 
submit to the Committee on Education and Labor and the Committee on 
Agriculture of the House of Representatives and to the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report on the 
implementation and operation of this section.
``SEC. 3A. ADVANCE FUNDING FOR STATE OPTION CONTRACTS.
    ``(a) In General.--The Secretary may use the funds of the Commodity 
Credit Corporation and funds made available to carry out section 32 of 
the Act of August 24, 1935 (7 U.S.C. 612c) to pay for all or a portion 
of the cost, as agreed on with the State distribution agency, of food or 
the processing or packaging of food on behalf of a State distribution 
agency.
    ``(b) Reimbursement.--In such cases, the State distribution agency 
shall reimburse the Secretary for the agreed on cost. Any funds received 
by the Secretary as reimbursement shall be deposited to the credit of 
the Commodity Credit Corporation or section 32 of the Act of August 24, 
1935 (7 U.S.C. 612c), as appropriate. If the State distribution agency 
fails, within 150 days of delivery, to make the required reimbursement 
in full, the Secretary shall, within 30 days, offset any outstanding 
amount against the appropriate account.
``SEC. 4. FOOD BANK PROJECT.
    ``(a) Community Food Banks.--The Secretary 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 (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) Recordkeeping and Monitoring.--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 projects shall be measured, and shall conduct an 
ongoing review of the effectiveness of the projects.
    ``(c) Determination of Quantities, Varieties, and Types of 
Commodities.--The Secretary shall determine the quantities, varieties, 
and types of agricultural commodities and food products to be made 
available under this section.
    ``(d) Effective Period.--This section shall be effective for the 
period beginning on the date of enactment of this Act [Jan. 8, 1988].
``SEC. 7. ASSESSMENT AND REPORT TO CONGRESS.
    ``(a) Assessment.--The Comptroller General of the United States 
shall monitor and assess the implementation by the Secretary of the 
provisions of this Act [see section 1 set out above].
    ``(b) Report.--Before the expiration of the 18-month period 
beginning on the date of the enactment of this Act [Jan. 8, 1988], the 
Comptroller General shall submit to the Committee on Education and Labor 
and the Committee on Agriculture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate a report 
of the findings of the assessment conducted as required by subsection 
(a).
``SEC. 13. AUTHORITY TO TRANSFER COMMODITIES BETWEEN PROGRAMS.
    ``(a) Transfer.--Subject to subsection (b), the Secretary may 
transfer any commodities purchased with appropriated funds for a 
domestic food assistance program administered by the Secretary to any 
other domestic food assistance program administered by the Secretary if 
the transfer is necessary to ensure that the commodities will be used 
while the commodities are still suitable for human consumption.
    ``(b) Reimbursement.--The Secretary shall, to the maximum extent 
practicable, provide reimbursement for the value of the commodities 
transferred under subsection (a) from accounts available for the 
purchase of commodities under the program receiving the commodities.
    ``(c) Crediting.--Any reimbursement made under subsection (b) 
shall--
        ``(1) be credited to the accounts that incurred the costs when 
    the transferred commodities were originally purchased; and
        ``(2) be available for the purchase of commodities with the same 
    limitations as are provided for appropriated funds for the 
    reimbursed accounts for the fiscal year in which the transfer takes 
    place.
``SEC. 14. AUTHORITY TO RESOLVE CLAIMS.
    ``(a) In General.--The Secretary may determine the amount of, 
settle, and adjust all or part of a claim arising under a domestic food 
assistance program administered by the Secretary.
    ``(b) Waiver.--The Secretary may waive a claim described in 
subsection (a) if the Secretary determines that a waiver would serve the 
purposes of the program.
    ``(c) Authority of the Attorney General.--Nothing in this section 
diminishes the authority of the Attorney General under section 516 of 
title 28, United States Code, or any other provision of law, to 
supervise and conduct litigation on behalf of the United States.
``SEC. 15. PAYMENT OF COSTS ASSOCIATED WITH REMOVAL OF COMMODITIES THAT 
        POSE A HEALTH OR SAFETY RISK.
    ``(a) In General.--The Secretary may use funds available to carry 
out section 32 of the Act of August 24, 1935 (49 Stat. 774, chapter 641; 
7 U.S.C. 612c), that are not otherwise committed, for the purpose of 
reimbursing States for State and local costs associated with the removal 
of commodities distributed under any domestic food assistance program 
administered by the Secretary if the Secretary determines that the 
commodities pose a health or safety risk.
    ``(b) Allowable Costs.--The costs--
        ``(1) may include costs for storage, transportation, processing, 
    and destruction of the commodities described in subsection (a); and
        ``(2) shall be subject to the approval of the Secretary.
    ``(c) Replacement Commodities.--
        ``(1) In general.--The Secretary may use funds described in 
    subsection (a) for the purpose of purchasing additional commodities 
    if the purchase will expedite replacement of the commodities 
    described in subsection (a).
        ``(2) Recovery.--Use of funds under paragraph (1) shall not 
    restrict the Secretary from recovering funds or services from a 
    supplier or other entity regarding the commodities described in 
    subsection (a).
    ``(d) Crediting of Recovered Funds.--Funds recovered from a supplier 
or other entity regarding the commodities described in subsection (a) 
shall--
        ``(1) be credited to the account available to carry out section 
    32 of the Act of August 24, 1935 (49 Stat. 774, ch. 641; 7 U.S.C. 
    612c), to the extent the funds represent expenditures from that 
    account under subsections (a) and (c); and
        ``(2) remain available to carry out the purposes of section 32 
    of that Act until expended.
    ``(e) Termination Date.--The authority provided by this section 
terminates effective October 1, 2003.
``SEC. 16. AUTHORITY TO ACCEPT COMMODITIES DONATED BY FEDERAL SOURCES.
    ``(a) In General.--The Secretary may accept donations of commodities 
from any Federal agency, including commodities of another Federal agency 
determined to be excess personal property pursuant to section 202(d) of 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
483(d)).
    ``(b) Use.--The Secretary may donate the commodities received under 
subsection (a) to States for distribution through any domestic food 
assistance program administered by the Secretary.
    ``(c) Payment.--Notwithstanding section 202(d) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 483(d)), the 
Secretary shall not be required to make any payment in connection with 
the commodities received under subsection (a).
``SEC. 17. 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 Richard B. Russell 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 
        [Pub. L. 93-86] (7 U.S.C. 612c note);
            ``(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 (7 U.S.C. 612c note) [7 U.S.C. 7502].
        ``(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. 18. GENERAL EFFECTIVE DATE.
    ``Except as otherwise provided in this Act, this Act and the 
amendments made by this Act [see section 1 above] shall take effect on 
the date of the enactment of this Act [Jan. 8, 1988].''
    [Pub. L. 106-78, Sec. 752(b)(1), which directed amendment of section 
13(3)(A) of Pub. L. 100-237, was executed by amending section 17(3)(A) 
of Pub. L. 100-237, set out above, to reflect the probable intent of 
Congress.]


                     Food Bank Demonstration Project

    Pub. L. 100-232, Sec. 3, Jan. 5, 1988, 101 Stat. 1566, authorized 
Secretary of Agriculture to carry out no less than one demonstration 
project to provide and redistribute agricultural commodities and food 
products thereof as authorized under this section to needy individuals 
and families through community food banks and to use State agency or any 
other food distribution system for such provision or redistribution of 
commodities and food products, further required each food bank 
participating in demonstration projects to establish recordkeeping 
system and internal procedures to monitor use of agricultural 
commodities and food products, authorized Secretary to determine 
quantities, varieties, and types of agricultural commodities and food 
products to be made available, and further provided for termination of 
authority on Dec. 31, 1990, and annual progress reports by Secretary, 
prior to repeal by Pub. L. 104-193, title VIII, Sec. 872, Aug. 22, 1996, 
110 Stat. 2346.


 Continuation of Distribution of Agricultural Commodities to Low-Income 
                       Elderly at Existing Levels

    Section 1562(d) of Pub. L. 99-198 provided that: ``Notwithstanding 
any other provision of law, in implementing the commodity supplemental 
food program under section 4 of the Agriculture and Consumer Protection 
Act of 1973 [Pub. L. 93-86, set out as a note below], the Secretary of 
Agriculture shall allow agencies distributing agricultural commodities 
to low-income elderly people under such programs on the date of 
enactment of this Act [Dec. 23, 1985] to continue such distribution at 
levels no lower than existing caseloads.''


 Report to Congress on Activities of Program Conducted Under Temporary 
                  Emergency Food Assistance Act of 1983

    Section 1571 of Pub. L. 99-198 provided that not later than Apr. 1, 
1987, Secretary of Agriculture was to report to Congress on activities 
of program conducted under Temporary Emergency Food Assistance Act of 
1983 (7 U.S.C. 7501 et seq.), which was to include information on volume 
and types of commodities distributed under program, types of State and 
local agencies receiving commodities for distribution under program, 
populations served under program and their characteristics, Federal, 
State, and local costs of commodity distribution operations under 
program (including transportation, storage, refrigeration, handling, 
distribution, and administrative costs), and amount of Federal funds 
provided to cover State and local costs under program, prior to repeal 
by Pub. L. 104-193, title VIII, Sec. 871(f), Aug. 22, 1996, 110 Stat. 
2345.


                  Emergency Food Assistance Act of 1983

    Pub. L. 98-8, title II, Mar. 24, 1983, 97 Stat. 35, as amended by 
Pub. L. 98-92, Sec. 2, Sept. 2, 1983, 97 Stat. 608; Pub. L. 99-198, 
title XV, Secs. 1562(e)(1), 1563-1566, 1567(c), 1568-1570, Dec. 23, 
1985, 99 Stat. 1590-1594; Pub. L. 100-77, title VIII, Secs. 811-814, 
July 22, 1987, 101 Stat. 536-538; Pub. L. 100-435, title I, Secs. 101-
105, Sept. 19, 1988, 102 Stat. 1647-1650; Pub. L. 101-624, title XVII, 
Sec. 1772(a)-(h)(1), Nov. 28, 1990, 104 Stat. 3808, 3809; Pub. L. 102-
237, title IX, Sec. 922(b), Dec. 13, 1991, 105 Stat. 1888; Pub. L. 104-
66, title I, Sec. 1011(k), Dec. 21, 1995, 109 Stat. 710; Pub. L. 104-
127, title IV, Sec. 403, Apr. 4, 1996, 110 Stat. 1029; Pub. L. 104-193, 
title VIII, Sec. 871(a)-(e), Aug. 22, 1996, 110 Stat. 2343-2345, known 
as the Emergency Food Assistance Act of 1983, and formerly set out as a 
note under this section, established temporary program authorizing 
Secretary of Agriculture to distribute excess food commodities to public 
or nonprofit organizations administering certain activities such as 
school lunch programs, elderly nutrition programs, activities of 
charitable institutions that serve meals to needy persons, and disaster 
relief programs. As amended by Pub. L. 104-193, the program became 
permanent, and title II of Pub. L. 98-8 was transferred to chapter 102 
(Sec. 7501 et seq.) of this title.


                      Agricultural Export Promotion

    Pub. L. 97-253, title I, Sec. 135, Sept. 8, 1982, 96 Stat. 772, 
authorized Secretary of Agriculture, for each of fiscal years 1983, 
1984, and 1985, to use up to $190,000,000 of Commodity Credit 
Corporation funds to carry out export activities through Commodity 
Credit Corporation under provisions of law in effect on Sept. 8, 1982, 
including activities authorized under amendments made by section 405(d) 
of Pub. L. 98-623 to sections 1707a and 1732 of this title and section 
714c(f) of Title 15, Commerce and Trade, even if those export activities 
were not included in budget program of Corporation.
    [Amendments made by section 405(d) of Pub. L. 98-623, amending 
sections 1707a and 1732 of this title and section 714c(f) of Title 15, 
Commerce and Trade, to be considered as having taken effect before Sept. 
8, 1982, for purposes of section 135 of Pub. L. 97-253, set out above, 
see section 405(d) of Pub. L. 98-623, set out as an Effective Date of 
1984 Amendment note under section 714c of Title 15, Commerce and Trade.]


     Distribution of Commodities to Individuals in Cases of Hardship

    Pub. L. 106-78, title VII, Sec. 709, Oct. 22, 1999, 113 Stat. 1161, 
which provided that commodities acquired by the Department in connection 
with Commodity Credit Corporation and price support operations under 
this section could be used, as authorized by this section and section 
714c of Title 15, Commerce and Trade, to provide commodities to 
individuals in cases of hardship as determined by the Secretary of 
Agriculture, was from the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriation Act, 2000, and was 
not repeated in subsequent appropriation acts. Similar provisions were 
contained in the following prior appropriations acts:
    Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 709], Oct. 21, 
1998, 112 Stat. 2681, 2681-26.
    Pub. L. 105-86, title VII, Sec. 709, Nov. 18, 1997, 111 Stat. 2105.
    Pub. L. 104-180, title VII, Sec. 709, Aug. 6, 1996, 110 Stat. 1597.
    Pub. L. 104-37, title VII, Sec. 709, Oct. 21, 1995, 109 Stat. 330.
    Pub. L. 103-330, title VII, Sec. 709, Sept. 30, 1994, 108 Stat. 
2467.
    Pub. L. 103-111, title VII, Sec. 710, Oct. 21, 1993, 107 Stat. 1079.
    Pub. L. 102-341, title VII, Sec. 715, Aug. 14, 1992, 106 Stat. 908.
    Pub. L. 102-142, title VII, Sec. 718, Oct. 28, 1991, 105 Stat. 913.
    Pub. L. 101-506, title VI, Sec. 619, Nov. 5, 1990, 104 Stat. 1347.
    Pub. L. 101-161, title VI, Sec. 619, Nov. 21, 1989, 103 Stat. 983.
    Pub. L. 100-460, title VI, Sec. 619, Oct. 1, 1988, 102 Stat. 2261.
    Pub. L. 100-202, Sec. 101(k) [title VI, Sec. 619], Dec. 22, 1987, 
101 Stat. 1329-322, 1329-355.
    Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 619], Oct. 18, 1986, 100 
Stat. 1783, 1783-29, and Pub. L. 99-591, Sec. 101(a) [title VI, 
Sec. 619], Oct. 30, 1986, 100 Stat. 3341, 3341-29.
    Pub. L. 99-190, Sec. 101(a) [H.R. 3037, title VI, Sec. 619], Dec. 
19, 1985, 99 Stat. 1185.
    Pub. L. 98-473, title I, Sec. 101(a) [H.R. 5743, title VI, 
Sec. 619], Oct. 12, 1984, 98 Stat. 1837.
    Pub. L. 98-151, Sec. 101(d) [H.R. 3223, title VI, Sec. 619], Nov. 
14, 1983, 97 Stat. 972.
    Pub. L. 97-370, title VI, Sec. 620, Dec. 18, 1982, 96 Stat. 1811.
    Pub. L. 97-103, title VI, Sec. 620, Dec. 23, 1981, 95 Stat. 1490.


 Commodity Distribution Program; Purchase of Agricultural Commodities; 
                 Furnishing Commodities to Summer Camps

    Pub. L. 93-86, Sec. 4, Aug. 10, 1973, 87 Stat. 249, as amended by 
Pub. L. 93-347, Sec. 1, July 12, 1974, 88 Stat. 340; Pub. L. 94-273, 
Sec. 2(1), Apr. 21, 1976, 90 Stat. 375; Pub. L. 95-113, title XIII, 
Secs. 1302(a)(1), 1304(a), Sept. 29, 1977, 91 Stat. 979, 980, Pub. L. 
97-98, title XIII, Sec. 1334, Dec. 22, 1981, 95 Stat. 1292; Pub. L. 98-
8, title II, Sec. 207, Mar. 24, 1983, 97 Stat. 36; Pub. L. 98-92, 
Sec. 3, Sept. 2, 1983, 97 Stat. 612; Pub. L. 99-198, title XV, 
Sec. 1562(a), Dec. 23, 1985, 99 Stat. 1590; Pub. L. 101-624, title XVII, 
Secs. 1771(a), (b)(1), (c)(1), 1772(h)(2), Nov. 28, 1990, 104 Stat. 
3806, 3807, 3809; Pub. L. 104-127, title IV, Sec. 402(a), Apr. 4, 1996, 
110 Stat. 1028, provided that:
    ``(a) Notwithstanding any other provision of law, the Secretary may, 
during fiscal years 1991 through 2002, 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 [7 U.S.C. 7501 et seq.], 
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 Pub. L. 101-624 effective Oct. 1, 
1990, and amendments by sections 1771(b)(1), (c)(1), and 1772(h)(2) of 
Pub. L. 101-624 effective Nov. 28, 1990, see section 1781(b)(1), (2) of 
Pub. L. 101-624, set out as an Effective Date of 1990 Amendment note 
under section 2012 of this title.]
    [Section 1334 of Pub. L. 97-98 provided in part that the amendment 
of section 4 of Pub. L. 93-86 by Pub. L. 97-98 is effective Oct. 1, 
1981.]
    [Section 1302(b) and section 1304(a) in part, both of Pub. L. 95-
113, provided that the amendment of subsecs. (a) and (b) of section 4 of 
Pub. L. 93-86 and the repeal of subsec. (c) of section 4 of Pub. L. 93-
86 are effective Oct. 1, 1977.]
    [Pub. L. 93-233, Sec. 8(b)(1), Dec. 31, 1973, 87 Stat. 956, as 
amended by Pub. L. 93-335, Sec. 1(b), July 8, 1974, 88 Stat. 291; Pub. 
L. 94-44, Sec. 3(b), June 28, 1975, 89 Stat. 235; Pub. L. 94-365, 
Sec. 2(2), July 14, 1976, 90 Stat. 990; Pub. L. 95-59, Sec. 3(2), June 
30, 1977, 91 Stat. 255, eff. July 1, 1977, provided that: ``Section 4(c) 
of Public Law 93-86 shall not be effective for the period ending 
September 30, 1978.''] [For repeal of section 4(c) of Pub. L. 93-86, see 
section 1304(a) of Pub. L. 95-113.].
    [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 Pub. L. 93-86, as added by Pub. L. 95-113, title XIII, 
Sec. 1304(b)(2), Sept. 29, 1977, 91 Stat. 980, and amended by Pub. L. 
97-98, title XIII, Sec. 1335, Dec. 22, 1981, 95 Stat. 1293; Pub. L. 98-
8, title II, Sec. 209, Mar. 24, 1983, 97 Stat. 36, as amended Pub. L. 
98-92, Sec. 2(8), Sept. 2, 1983, 97 Stat. 611; Pub. L. 99-198, title XV, 
Sec. 1562(b), (c), (e)(2), Dec. 23, 1985, 99 Stat. 1590; Pub. L. 100-
435, title I, Sec. 130, redesignated Sec. 5(d)(2) of Pub. L. 93-86 by 
Pub. L. 101-624, title XVII, Sec. 1774(c)(2)(A), (B), Nov. 28, 1990, 104 
Stat. 3813; Pub. L. 101-624, title XVII, Secs. 1771(c)(2)-(f), 
1774(c)(2)(C), Nov. 28, 1990, 104 Stat. 3807, 3808, 3813; Pub. L. 102-
237, title I, Sec. 118(a), title IX, Sec. 922(c), Dec. 13, 1991, 105 
Stat. 1841, 1889; Pub. L. 104-127, title IV, Sec. 402(b), Apr. 4, 1996, 
110 Stat. 1028; Pub. L. 104-193, title I, Sec. 109(f), Aug. 22, 1996, 
110 Stat. 2170; Pub. L. 105-33, title V, Sec. 5514(b), Aug. 5, 1997, 111 
Stat. 620, provided that:
    ``(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 2002, 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 2002 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 State program funded 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.
    ``(l) Carried-Over Funds.--Not more than 20 percent of any commodity 
supplemental food program food funds carried over under this section 
shall be available for administrative expenses of the program.''
    [Amendment by section 922(c) of Pub. L. 102-237 effective and 
implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. 
L. 102-237, set out as an Effective Date of 1991 Amendment note under 
section 1421 of this title.]
    [Amendment by sections 1771(c)(2) and 1774(c) of Pub. L. 101-624 
effective Nov. 28, 1990; amendment by section 1771(d) of Pub. L. 101-624 
effective Oct. 1, 1990, and amendments by section 1771(e) and (f) of 
Pub. L. 101-624 effective and implemented the first day of the month 
beginning 120 days after the publication of implementing regulations 
which shall be promulgated not later than Oct. 1, 1991, see section 
1781(a), (b)(1), (2) of Pub. L. 101-624, set out as an Effective Date of 
1990 Amendment note under section 2012 of this title.]
    [Section 1335 of Pub. L. 97-98 provided in part that the amendment 
to section 5 of Pub. L. 93-86 by Pub. L. 97-98 is effective Oct. 1, 
1981.]
    [Section 1304(b) of Pub. L. 95-113 provided in part that section 5 
of Pub. L. 93-86 is effective Oct. 1, 1977.]


 Direct Distribution Programs for Diet of Needy Children and Low-Income 
  Persons Suffering From General and Continued Hunger; Additional Funds

    Section 6 of Pub. L. 92-32, June 30, 1971, 85 Stat. 86, authorized 
the Secretary of Agriculture to use during the fiscal year ending June 
30, 1972, not to exceed $20,000,000 in funds from section 612c of this 
title, in addition to funds appropriated or otherwise available, to 
carry out in any area of the United States direct distribution or other 
programs, without regard to whether such area is under the food stamp 
program or a system of direct distribution, in order to provide in the 
vicinity of their residence an adequate diet to needy children and low 
income persons suffering, through no fault of their own, from general 
and continued hunger; provided that food made available to needy 
children was to be in addition to food made available under the National 
School Lunch Act or the Child Nutrition Act of 1966; and authorized 
payment of administrative costs incurred by state or local agencies in 
carrying out programs for needy children.


  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 Pub. L. 92-433, set out 
as a note under section 1753 of Title 42, The Public Health and Welfare.


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, 69 Stat. 608, authorized the Secretary of 
Agriculture upon specific request of the Governor of any State, during 
the period commencing Aug. 9, 1955 and ending June 30, 1957, to make 
available, pursuant to clause (2) of this section for distribution by 
State agencies, other than institutions and schools, directly to 
families and persons determined by appropriate State or local public 
welfare agencies to be in need, wheat flour and corn meal in such 
quantities as the Secretary of Agriculture determines can be effectively 
distributed and utilized within such period without regard to the 
requirement contained in this section, that such funds be devoted 
principally to perishable nonbasic agricultural commodities and their 
products.


 Eligibility of Supplemental Security Income Recipients for Food Stamps 
               During the Period Ending September 30, 1978

    Pub. L. 93-233, Sec. 8(b)(3), Dec. 31, 1973, 87 Stat. 956, as 
amended by Pub. L. 93-335, Sec. 1(b), July 8, 1974, 88 Stat. 291; Pub. 
L. 94-44, Sec. 3(b), June 28, 1975, 89 Stat. 235; Pub. L. 94-365, 
Sec. 2(2), July 14, 1976, 90 Stat. 990; Pub. L. 95-59, Sec. 3(2), June 
30, 1977, 91 Stat. 255, provided that: ``For the period ending September 
30, 1978, no individual, who receives supplemental security income 
benefits under title XVI of the Social Security Act [section 1381 et 
seq. of Title 42, The Public Health and Welfare], State supplementary 
payments described in section 1616 of such Act [section 1382e of Title 
42], or payments of the type referred to in section 212(a) of Public Law 
93-66 [set out as a note under section 1382 of Title 42], shall be 
considered to be a member of a household for any purpose of the food 
distribution program for families under section 32 of Public Law 74-320 
[this section], section 416 of the Agricultural Act of 1949 [section 
1431 of this title], or any other law, for any month during such period, 
if, for such month, such individual resides in a State which provides 
State supplementary payments (A) of the type described in section 
1616(a) of the Social Security Act [section 1382e(a) of Title 42], and 
(B) the level of which has been found by the Secretary of Health, 
Education, and Welfare to have been specifically increased so as to 
include the bonus value of food stamps.''
    [Amendment by Pub. L. 93-335 effective July 1, 1974, see section 
1(c) of Pub. L. 93-335, set out as an Effective Date of 1974 Amendment 
note under section 1382 of Title 42. Section 3 of Pub. L. 95-59 provided 
in part that the amendment of section 8 of Pub. L. 93-233 by section 
3(2) of Pub. L. 95-59 is effective July 1, 1977.]


                             Food Stamp Plan

    Acts June 25, 1940, ch. 421, Sec. 1, 54 Stat. 563; July 1, 1941, ch. 
267, Sec. 1, 55 Stat. 438, provided: ``That said 25 per centum provision 
and the like provision in said section 32 [this section], as amended, 
shall not apply to amounts devoted to a stamp plan for the removal of 
surplus agricultural commodities from funds made available hereby and by 
said section 32 [this section], and, notwithstanding expenditures under 
such stamp plan, the 25 per centum provision shall continue to be 
calculated on the aggregate amount available hereunder and under said 
section 32 [this section].''


    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 624, 1392, 1421, 1424, 
1431b, 1641, 1855, 2036, 2627, 4004, 5676, 7502 of this title; title 12 
section 1150a; title 15 sections 713c, 713c-2, 713c-3; title 31 section 
1511; title 40 section 474; title 42 sections 1755, 1758, 1761, 1762a, 
1777, 1786, 3030a, 3045f, 5180.
