7 U.S.C. § 2036 — Availability of commodities for emergency

Page 1390 TITLE 7—AGRICULTURE § 2036 The Public Health and Welfare. For complete classi- fication of this Act to the Code, see section 1305 of Title 42 and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (b). Pub. L. 115–334 substituted ‘‘carry out a simplified supplemental nutrition assistance pro- gram’’ for ‘‘carry out a Simplified Food Stamp Pro- gram’’. 2014—Subsec. (f)(3)(C). Pub. L. 113–79 substituted ‘‘subsections’’ for ‘‘subsection’’. 2008—Pub. L. 110–246, § 4002(a)(12)(A), substituted ‘‘Simplified supplemental nutrition assistance pro- gram’’ for ‘‘Simplified Food Stamp Program’’ in sec- tion catchline. Subsec. (b). Pub. L. 110–246, § 4002(a)(12)(B), which di- rected amendment of subsec. (b) by substituting ‘‘sim- plified supplemental nutrition assistance program’’ for ‘‘simplified food stamp program’’, could not be exe- cuted because the term ‘‘simplified food stamp pro- gram’’ did not appear. Subsec. (c)(4)(B), (C). Pub. L. 110–246, § 4001(b), sub- stituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’. Subsec. (f)(1). Pub. L. 110–246, § 4001(b), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’. Subsec. (f)(3)(A). Pub. L. 110–246, § 4115(b)(16)(A), sub- stituted ‘‘subsections (a) through (f)’’ for ‘‘subsections (a) through (g)’’. Subsec. (f)(3)(E). Pub. L. 110–246, § 4115(b)(16)(B), sub- stituted ‘‘(15), (17), (18), (22), and (23)’’ for ‘‘(16), (18), (20), (24), and (25)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by sections 4001(b), 4002(a)(12), and 4115(b)(16) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. § 2036. Availability of commodities for emergency food assistance program (a) Purchase of commodities (1) In general From amounts made available to carry out this chapter, for each of the fiscal years 2014 through 2023, the Secretary shall purchase a dollar amount described in paragraph (2) of a variety of nutritious and useful commodities of the types that the Secretary has the au- thority to acquire through the Commodity Credit Corporation or under section 612c of this title and distribute the commodities to States for distribution in accordance with sec- tion 7515 of this title. (2) Amounts The Secretary shall use to carry out para- graph (1)— (A) for fiscal year 2008, $190,000,000; (B) for fiscal year 2009, $250,000,000; (C) for each of fiscal years 2010 through 2023, the dollar amount of commodities spec- ified in subparagraph (B) adjusted by the percentage by which the thrifty food plan has been adjusted under section 2012(u)(4) of this title between June 30, 2008, and June 30 of the immediately preceding fiscal year; (D) for each of fiscal years 2015 through 2023, the sum obtained by adding the total dollar amount of commodities specified in subparagraph (C) and— (i) for fiscal year 2015, $50,000,000; (ii) for fiscal year 2016, $40,000,000; (iii) for fiscal year 2017, $20,000,000; (iv) for fiscal year 2018, $15,000,000; (v) for fiscal year 2019, $23,000,000; (vi) for fiscal year 2020, $35,000,000; (vii) for fiscal year 2021, $35,000,000; (viii) for fiscal year 2022, $35,000,000; and (ix) for fiscal year 2023, $35,000,000; and (E) for fiscal year 2024 and each subsequent fiscal year, the total dollar amount of com- modities specified in subparagraph (D)(ix) adjusted by the percentage by which the thrifty food plan has been adjusted under section 2012(u)(4) of this title to reflect changes between June 30, 2023, and June 30 of the immediately preceding fiscal year. (3) Funds availability For purposes of the funds described in this subsection, the Secretary shall— (A) make the funds available for 2 fiscal years; and (B) allow States to carry over unexpended balances to the next fiscal year pursuant to such terms and conditions as are determined by the Secretary. (b) Basis for commodity purchases In purchasing commodities under subsection (a), the Secretary shall, to the extent prac- ticable and appropriate, make purchases based on— (1) agricultural market conditions; (2) preferences and needs of States and dis- tributing agencies; and (3) preferences of recipients. (Pub. L. 88–525, § 27, as added Pub. L. 104–193, title VIII, § 871(g), Aug. 22, 1996, 110 Stat. 2346; amended Pub. L. 107–171, title IV, § 4126(a), May 13, 2002, 116 Stat. 328; Pub. L. 110–234, title IV, § 4201(a), May 22, 2008, 122 Stat. 1120; Pub. L. 110–246, § 4(a), title IV, § 4201(a), June 18, 2008, 122 Stat. 1664, 1882; Pub. L. 113–79, title IV, §§ 4027(a), 4030(m), Feb. 7, 2014, 128 Stat. 812, 814; Pub. L. 115–334, title IV, § 4018(e), Dec. 20, 2018, 132 Stat. 4650.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2018—Subsec. (a)(1), (2)(C). Pub. L. 115–334, § 4018(e)(1), (2)(A), substituted ‘‘2023’’ for ‘‘2018’’. Subsec. (a)(2)(D). Pub. L. 115–334, § 4018(e)(2)(B)(i), sub- stituted ‘‘2023’’ for ‘‘2018’’ in introductory provisions. Page 1391 TITLE 7—AGRICULTURE § 2036a Subsec. (a)(2)(D)(v) to (ix). Pub. L. 115–334, § 4018(e)(2)(B)(ii), added cls. (v) to (ix). Subsec. (a)(2)(E). Pub. L. 115–334, § 4018(e)(2)(C), sub- stituted ‘‘2024’’ for ‘‘2019’’, ‘‘subparagraph (D)(ix)’’ for ‘‘subparagraph (D)(iv)’’, and ‘‘June 30, 2023’’ for ‘‘June 30, 2017’’. 2014—Subsec. (a)(1). Pub. L. 113–79, § 4030(m), made technical amendment to reference in original act which appears in text as reference to section 7515 of this title. Pub. L. 113–79, § 4027(a)(1), substituted ‘‘2014 through 2018’’ for ‘‘2008 through 2012’’. Subsec. (a)(2)(C). Pub. L. 113–79, § 4027(a)(2)(B)(i), sub- stituted ‘‘2018’’ for ‘‘2012’’. Subsec. (a)(2)(D), (E). Pub. L. 113–79, § 4027(a)(2)(A), (B)(ii), (C), added subpars. (D) and (E). Subsec. (a)(3). Pub. L. 113–79, § 4027(a)(3), added par. (3). 2008—Subsec. (a). Pub. L. 110–246, § 4201(a), reenacted subsec. heading without change, designated existing provisions as par. (1), inserted par. heading, substituted ‘‘for each of the fiscal years 2008 through 2012, the Sec- retary shall purchase a dollar amount described in paragraph (2)’’ for ‘‘for each of fiscal years 2002 through 2007, the Secretary shall purchase $140,000,000’’, and added par. (2). 2002—Subsec. (a). Pub. L. 107–171 substituted ‘‘2002 through 2007’’ for ‘‘1997 through 2002’’ and ‘‘$140,000,000’’ for ‘‘$100,000,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. Amendment by section 4201(a) of Pub. L. 110–246 effec- tive Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Con- gress. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–171, title IV, § 4126(b), May 13, 2002, 116 Stat. 328, provided that: ‘‘The amendments made by this section amending this section] take effect on Octo- ber 1, 2001.’’ § 2036a. Nutrition education and obesity preven- tion grant program (a) Definition of eligible individual In this section, the term ‘‘eligible individual’’ means an individual who is eligible to receive benefits under a nutrition education and obesity prevention program under this section as a re- sult of being— (1) an individual eligible for benefits under— (A) this chapter; (B) sections 1758(b)(1)(A) and 1766(c)(4) of title 42; or (C) section 1773(e)(1)(A) of title 42; (2) an individual who resides in a community with a significant low-income population, as determined by the Secretary; or (3) such other low-income individual as is de- termined to be eligible by the Secretary. (b) Programs Consistent with the terms and conditions of grants awarded under this section, State agen- cies may implement a nutrition education and obesity prevention program for eligible individ- uals that promotes healthy food choices and physical activity consistent with the most re- cent Dietary Guidelines for Americans published under section 5341 of this title. (c) Delivery of nutrition education and obesity prevention services (1) In general State agencies may deliver nutrition edu- cation and obesity prevention services under a program described in subsection (b)— (A) directly to eligible individuals; or (B) through agreements with other State or local agencies or community organiza- tions. (2) Nutrition education State plans (A) In general A State agency that elects to provide nu- trition education and obesity prevention services under this subsection shall submit to the Secretary for approval a nutrition education State plan. (B) Requirements A nutrition education State plan shall— (i) identify the uses of the funding for local projects; (ii) ensure that the interventions are ap- propriate for eligible individuals who are members of low-income populations by recognizing the constrained resources, and the potential eligibility for Federal food assistance programs, of members of those populations; (iii) describe how the State agency shall use an electronic reporting system to— (I) measure and evaluate the projects; and (II) account for the allowable State agency administrative costs including for— (aa) salaries and benefits of State agency personnel; (bb) office supplies and equipment; (cc) travel costs; (dd) development and production of nutrition education materials; (ee) memberships, subscriptions, and professional activities; (ff) lease or rental costs; (gg) maintenance and repair ex- penses; (hh) indirect costs; and (ii) cost of using publicly-owned building space; and (iv) conform to standards established by the Secretary through regulations, guid- ance, or grant award documents. (3) Use of funds (A) In general A State agency may use funds provided under this section for any evidence-based al- lowable use of funds identified by the Ad- ministrator of the Food and Nutrition Serv- ice of the Department of Agriculture in con- sultation with the Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services, including— (i) individual and group-based nutrition education, health promotion, and inter- vention strategies;