§ 1431. — Disposition of commodities to prevent waste.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1431]
TITLE 7--AGRICULTURE
CHAPTER 35A--PRICE SUPPORT OF AGRICULTURAL COMMODITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1431. Disposition of commodities to prevent waste
(a) Eligible recipients; barter; estimates; reprocessing and other
charges
In order to prevent the waste of commodities whether in private
stocks or acquired through price-support operations by the Commodity
Credit Corporation before they can be disposed of in normal domestic
channels without impairment of the price-support program or sold abroad
at competitive world prices, the Commodity Credit Corporation is
authorized, on such terms and under such regulations as the Secretary of
Agriculture may deem in the public interest: (1) upon application, to
make such commodities available to any Federal agency for use in making
payment for commodities not produced in the United States; (2) to barter
or exchange such commodities for strategic or other materials as
authorized by law; (3) in the case of food commodities to donate such
commodities to the Bureau of Indian Affairs and to such State, Federal,
or private agency or agencies as may be designated by the proper State
or Federal authority and approved by the Secretary, for use in the
United States in nonprofit school-lunch programs, in nonprofit summer
camps for children, in the assistance of needy persons, and in
charitable institutions, including hospitals and facilities, to the
extent that they serve needy persons (including infants and children).
In the case of clause (3) the Secretary shall obtain such assurance as
he deems necessary that the recipients thereof will not diminish their
normal expenditures for food by reason of such donation. In order to
facilitate the appropriate disposal of such commodities, the Secretary
may from time to time estimate and announce the quantity of such
commodities which he anticipates will become available for distribution
under clause (3). The Commodity Credit Corporation may pay, with respect
to commodities disposed of under this subsection, reprocessing,
packaging, transporting, handling, and other charges accruing up to the
time of their delivery to a Federal agency, or to the designated State
or private agency. In addition, in the case of food commodities disposed
of under this subsection, the Commodity Credit Corporation may pay the
cost of processing such commodities into a form suitable for home or
institutional use, such processing to be accomplished through private
trade facilities to the greatest extent possible. For the purpose of
this subsection the terms ``State'' and ``United States'' include the
District of Columbia and any Territory or possession of the United
States. Dairy products acquired by the Commodity Credit Corporation
through price support operations may, insofar as they can be used in the
United States in nonprofit school lunch and other nonprofit child
feeding programs, in the assistance of needy persons, and in charitable
institutions, including hospitals, to the extent that needy persons are
served, be donated for any such use prior to any other use or
disposition. Notwithstanding any other provision of law, such dairy
products may be donated for distribution to needy households in the
United States and to meet the needs of persons receiving nutrition
assistance under the Older Americans Act of 1965 [42 U.S.C. 3001 et
seq.].
(b) Furnishing of eligible commodities for carrying out programs of
assistance in developing and friendly countries; availability of
eligible commodities for nonprofit and voluntary agencies and
cooperatives
(1) The Secretary, subject to the requirements of paragraph (10),
may furnish eligible commodities for carrying out programs of assistance
in developing countries and friendly countries under titles II and III
of the Agricultural Trade Development and Assistance Act of 1954 [7
U.S.C. 1721 et seq., 1727 et seq.] and under the Food for Progress Act
of 1985 [7 U.S.C. 1736o], as approved by the Secretary, and for such
purposes as are approved by the Secretary. To ensure that the furnishing
of commodities under this subsection is coordinated with and complements
other United States foreign assistance, assistance under this subsection
shall be coordinated through the mechanism designated by the President
to coordinate assistance under the Agricultural Trade Development and
Assistance Act of 1954 [7 U.S.C. 1691 et seq.].
(2) As used in this subsection, the term ``eligible commodities''
means--
(A) dairy products, wheat, rice, feed grains, and oilseeds
acquired by the Commodity Credit Corporation through price support
operations, and the products thereof, that the Secretary determines
meet the criteria specified in subsection (a) of this section; and
(B) such other edible agricultural commodities as may be
acquired by the Secretary or the Commodity Credit Corporation in the
normal course of operations and that are available for disposition
under this subsection, except that no such commodities may be
acquired for the purpose of their use under this subsection.
(3)(A) Commodities may not be made available for disposition under
this subsection in amounts that (i) will, in any way, reduce the amounts
of commodities that traditionally are made available through donations
to domestic feeding programs or agencies, or (ii) will prevent the
Secretary from fulfilling any agreement entered into by the Secretary
under a payment-in-kind program under this Act or other Acts
administered by the Secretary.
(B)(i) The requirements of section 403(a) of the Agricultural Trade
Development and Assistance Act of 1954 [7 U.S.C. 1733(a)] shall apply
with respect to commodities furnished under this subsection. Commodities
may not be furnished for disposition to any country under this
subsection except on determinations by the Secretary that--
(I) the receiving country has the absorptive capacity to use the
commodities efficiently and effectively; and
(II) such disposition of the commodities will not interfere with
usual marketings of the United States, nor disrupt world prices of
agricultural commodities and normal patterns of commercial trade
with developing countries.
(ii) The requirement for safeguarding usual marketings of the United
States shall not be used to prevent the furnishing under this subsection
of any eligible commodity for use in countries that--
(I) have not traditionally purchased the commodity from the
United States; or
(II) do not have adequate financial resources to acquire the
commodity from the United States through commercial sources or
through concessional sales arrangements.
(C) The Secretary shall take reasonable precautions to ensure that--
(i) commodities furnished under this subsection will not
displace or interfere with sales that otherwise might be made; and
(ii) sales or barter under paragraph (7) will not unduly disrupt
world prices of agricultural commodities nor normal patterns of
commercial trade with friendly countries.
(D) If eligible commodities are made available under this subsection
to a friendly country, nonprofit and voluntary agencies and cooperatives
shall also be eligible to receive commodities for food aid programs in
the country.
(4) Agreements may be entered into under this subsection to provide
eligible commodities in installments over an extended period of time. In
agreements with recipients of eligible commodities under this subsection
(including nonprofit and voluntary agencies or cooperatives), subject to
the availability of commodities each fiscal year, the Secretary, on
request, shall approve multiyear agreements to make agricultural
commodities available for distribution or sale by the recipients if the
agreements otherwise meet the requirements of this subsection.
(5)(A) Section 406 of the Agricultural Trade Development and
Assistance Act of 1954 [7 U.S.C. 1736] shall apply to the commodities
furnished under this subsection.
(B) The Commodity Credit Corporation may pay the processing and
domestic handling costs incurred, as authorized under this subsection,
in the form of eligible commodities, as defined in paragraph (2)(A), if
the Secretary determines that such in-kind payment will not disrupt
domestic markets.
(6) The cost of commodities furnished under this subsection, and
expenses incurred under section 406 of the Agricultural Trade
Development and Assistance Act of 1954 [7 U.S.C. 1736] in connection
with those commodities, shall be in addition to the level of assistance
programmed under that Act [7 U.S.C. 1691 et seq.] and shall not be
considered expenditures for international affairs and finance.
(7) Eligible commodities furnished under this subsection may be sold
or bartered only with the approval of the Secretary and solely as
follows:
(A) Sales and barter that are incidental to the donation of the
commodities or products.
(B) Sales and barter to finance the distribution, handling, and
processing costs of the donated commodities or products in the
importing country or in a country through which such commodities or
products must be transshipped, or other activities in the importing
country that are consistent with providing food assistance to needy
people.
(C) Sales and barter of commodities and products furnished to
intergovernmental agencies or organizations, insofar as they are
consistent with normal programming procedures in the distribution of
commodities by those agencies or organizations.
(D)(i) Sales of commodities and products furnished to nonprofit
and voluntary agencies, or cooperatives, for food assistance under
agreements that provide for the use, by the agency or cooperative,
of proceeds generated from such sale of commodities or products for
the purposes established in clause (ii) of this subparagraph.
(ii) Proceeds generated from partial or full sales or barter of
commodities by a nonprofit and voluntary agency or cooperative shall
be used--
(I) to transport, store, distribute, and otherwise enhance
the effectiveness of the use of commodities and the products
thereof donated under this section; and
(II) to implement income generating, community development,
health, nutrition, cooperative development, agricultural
programs, and other developmental activities.
In addition, proceeds generated in Poland may also be used by
governmental and nongovernmental agencies or cooperatives for
eligible activities approved by the joint commission established
pursuant to section 2226 of the American Aid to Poland Act of 1988
and by the United States chief of diplomatic mission in Poland that
would improve the quality of life of the Polish people and would
strengthen and support the activities of governmental or private,
nongovernmental independent institutions in Poland. Activities
eligible under the preceding sentence include--
(I) any project undertaken in Poland under the auspices of
the Charitable Commission of the Polish Catholic Episcopate for
the benefit of handicapped or orphaned children;
(II) any project for the reconstruction, renovation, or
maintenance of the Research Center on Jewish History and Culture
of the Jagiellonian University of Krakow, Poland, established
for the study of events related to the Holocaust in Poland;
(III) any other project or activity which strengthens and
supports private and independent sectors of the Polish economy,
especially independent farming and agriculture; and
(IV) the Polish Catholic Episcopate's Rural Water Supply
Foundation.
(iii) Except as otherwise provided in clause (v), such
agreements, taken together for each fiscal year, shall provide for
sales of commodities and products for proceeds in amounts that are,
in the aggregate, not less than 10 percent of the aggregate value of
all commodities and products furnished, or the minimum tonnage
required, whichever is greater, for carrying out programs of
assistance under this subsection in such fiscal year. The minimum
allocation requirements of this clause apply with respect to
commodities and products made available under this subsection for
carrying out programs of assistance under titles II and III of the
Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C.
1721 et seq., 1727 et seq.], and not with respect to commodities and
products made available to carry out the Food for Progress Act of
1985 [7 U.S.C. 1736o].
(iv) Proceeds generated from the sale of commodities or products
under this subparagraph shall be expended within the country of
origin within a reasonable length of time, as determined by the
Secretary, except that the Secretary may permit the use of proceeds
in a country other than the country of origin as necessary to
expedite the transportation of commodities and products furnished
under this subsection, or to otherwise carry out the purposes of
this subsection.
(v) The provisions of clause (iii) of this subparagraph
establishing minimum annual allocations for sales and use of
proceeds shall not apply to the extent that there have not been
sufficient requests for such sales and use of proceeds nor to the
extent required under paragraph (3).
(E) Sales and barter to cover expenses incurred under paragraph
(5)(a).
(F) The provisions of sections 403(i) and 407(c) \1\ of the
Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C.
1733(i), 1736a(c)] shall apply to donations, sales and barters of
eligible commodities under this subsection.
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\1\ See References in Text note below.
The Secretary may approve the use of proceeds or services realized from
the sale or barter of a commodity furnished under this subsection by a
nonprofit voluntary agency, cooperative, or intergovernmental agency or
organization to meet administrative expenses incurred in connection with
activities undertaken under this subsection.
(8) Administrative provisions.--
(A) Expedited procedures.--To the maximum extent practicable,
expedited procedures shall be used in the implementation of this
subsection.
(B) Estimate of commodities.--The Secretary shall publish in the
Federal Register, not later than October 31 of each fiscal year, an
estimate of the types and quantities of commodities and products
that will be available under this section for the fiscal year.
(C) Finalization of agreements.--The Secretary is encouraged to
finalize program agreements under this section not later than
December 31 of each fiscal year.
(D) Regulations.--The Secretary shall be responsible for
regulations governing sales and barter, and the use of foreign
currency proceeds, under paragraph (7) of this subsection that will
provide reasonable safeguards to prevent the occurrence of abuses in
the conduct of activities provided for in paragraph (7).
(9)(A) Each recipient of commodities and products approved for sale
or barter under paragraph (7) shall report to the Secretary information
with respect to the items required to be included in the Secretary's
report pursuant to clauses (i) through (iv) of subparagraph (B). Reports
pursuant to this subparagraph shall be submitted in accordance with
regulations of the Secretary. Such regulations shall require at least
one report annually, to be submitted not later than December 31
following the end of the fiscal year in which the commodities and
products are received; except that a report shall not be required with
respect to fiscal year 1985.
(B) Omitted.
(10) Sale procedure.--In approving sales of commodities under this
subsection, the Secretary shall follow the sale procedure described in
section 403(l) of the Agricultural Trade Development and Assistance Act
of 1954 [7 U.S.C. 1733(l)].
(11) Requirements.--
(A) In general.--Not later than 270 days after May 13, 2002, the
Secretary shall review and, as necessary, make changes in
regulations and internal procedures designed to streamline, improve,
and clarify the application, approval, and implementation processes
pertaining to agreements under this section.
(B) Considerations.--In conducting the review, the Secretary
shall consider--
(i) revising procedures for submitting proposals;
(ii) developing criteria for program approval that
separately address the objectives of the program;
(iii) pre-screening organizations and proposals to ensure
that the minimum qualifications are met;
(iv) implementing e-government initiatives and otherwise
improving the efficiency of the proposal submission and approval
processes;
(v) upgrading information management systems;
(vi) improving commodity and transportation procurement
processes; and
(vii) ensuring that evaluation and monitoring methods are
sufficient.
(C) Consultations.--Not later than 1 year after May 13, 2002,
the Secretary shall consult with the Committee on Agriculture, and
the Committee on International Relations, of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate on changes made in regulations and procedures
under this paragraph.
(Oct. 31, 1949, ch. 792, title IV, Sec. 416, 63 Stat. 1058; July 10,
1954, ch. 469, title III, Sec. 309, formerly Sec. 302, 68 Stat. 458,
renumbered Sec. 309, Pub. L. 95-88, title II, Sec. 211(a)(1), Aug. 3,
1977, 91 Stat. 548; amended May 28, 1956, ch. 327, title II, Sec. 212,
70 Stat. 203; Pub. L. 85-483, Sec. 1, July 2, 1958, 72 Stat. 286; Aug.
26, 1954, ch. 937, title IV, Sec. 402, 68 Stat. 843, as amended Pub. L.
86-108, ch. II, Sec. 205(c), July 24, 1959, 73 Stat. 250; Pub. L. 87-
703, title II, Sec. 202, Sept. 27, 1962, 76 Stat. 611; Pub. L. 88-638,
Sec. 4, Oct. 8, 1964, 78 Stat. 1038; Pub. L. 89-808, Sec. 3(c), Nov. 11,
1966, 80 Stat. 1538; Pub. L. 91-233, Apr. 17, 1970, 84 Stat. 199; Pub.
L. 92-603, title IV, Sec. 411(g), Oct. 30, 1972, 86 Stat. 1492; Pub. L.
95-113, title XIII, Sec. 1302(a)(2), Sept. 29, 1977, 91 Stat. 979; Pub.
L. 97-253, title I, Sec. 110, Sept. 8, 1982, 96 Stat. 766; Pub. L. 98-
258, title V, Sec. 502, Apr. 10, 1984, 98 Stat. 137; Pub. L. 99-83,
title X, Sec. 1007, Aug. 8, 1985, 99 Stat. 271; Pub. L. 99-198, title
XI, Secs. 1109, 1129, Dec. 23, 1985, 99 Stat. 1467, 1486; Pub. L. 99-
260, Sec. 16, Mar. 20, 1986, 100 Stat. 55; Pub. L. 100-203, title I,
Sec. 1503, Dec. 22, 1987, 101 Stat. 1330-28; Pub. L. 100-277, Secs. 1-5,
Apr. 4, 1988, 102 Stat. 67, 68; Pub. L. 100-418, title II, Sec. 2225,
Aug. 23, 1988, 102 Stat. 1337; Pub. L. 101-513, title V, Sec. 562(part),
Nov. 5, 1990, 104 Stat. 2032; Pub. L. 101-624, title XV, Secs. 1514,
1575, title XVII, Sec. 1771(b)(2), Nov. 28, 1990, 104 Stat. 3662, 3702,
3807; Pub. L. 102-237, title III, Sec. 333, Dec. 13, 1991, 105 Stat.
1859; Pub. L. 102-289, Sec. 1, May 20, 1992, 106 Stat. 176; Pub. L. 103-
306, title V, Sec. 576(c), Aug. 23, 1994, 108 Stat. 1654; Pub. L. 104-
127, title II, Sec. 264, Apr. 4, 1996, 110 Stat. 974; Pub. L. 107-171,
title III, Secs. 3009(b)(1), 3201, May 13, 2002, 116 Stat. 283, 299;
Pub. L. 107-206, title I, Sec. 105, Aug. 2, 2002, 116 Stat. 824.)
References in Text
The Older Americans Act of 1965, referred to in subsec. (a), is Pub.
L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is classified
generally to chapter 35 (Sec. 3001 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 3001 of Title 42 and Tables.
The Agricultural Trade Development and Assistance Act of 1954,
referred to in subsec. (b)(1), (6), (7)(D)(iii), is act July 10, 1954,
ch. 469, 68 Stat. 454, as amended, which is classified generally to
chapter 41 (Sec. 1691 et seq.) of this title. Titles II and III of the
Act are classified generally to subchapters III (Sec. 1721 et seq.) and
III-A (Sec. 1727 et seq.), respectively, of chapter 41 of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1691 of this title and Tables.
The Food for Progress Act of 1985, referred to in subsec. (b)(1),
(7)(D)(iii), is Pub. L. 99-198, title XI, Sec. 1110, Dec. 23, 1985, 99
Stat. 1472, which is classified to section 1736o of this title.
This Act, referred to in subsec. (b)(3)(A), is act Oct. 31, 1949,
ch. 792, 63 Stat. 1051, as amended, known as the Agricultural Act of
1949, which is classified principally to this chapter (Sec. 1421 et
seq.). For complete classification of this Act to the Code, see Short
Title note set out under section 1421 of this title and Tables.
Section 2226 of the American Aid to Poland Act of 1988, referred to
in subsec. (b)(7)(D)(ii), is section 2226 of Pub. L. 100-418, which is
set out as a note below.
Section 407(c) of the Agricultural Trade Development and Assistance
Act of 1954 [7 U.S.C. 1736a(c)], referred to in subsec. (b)(7)(F), was
redesignated section 407(b) of that Act [7 U.S.C. 1736a(b)] by Pub. L.
104-66, title I, Sec. 1011(e)(2), Dec. 21, 1995, 109 Stat. 709.
Codification
Subsection (b)(9)(B), which required the Secretary to submit an
annual report to Congress on sales and barter, and use of foreign
currency proceeds, under subsection (b)(7) of this section, terminated,
effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance. See, also, page 46 of House Document No. 103-7.
Amendments
2002--Subsec. (b)(7)(D)(i). Pub. L. 107-171, Sec. 3201(a)(1), struck
out ``foreign currency'' before ``proceeds generated from such sale''.
Subsec. (b)(7)(D)(ii). Pub. L. 107-171, Sec. 3201(a)(2), substituted
``Proceeds'' for ``Foreign currencies'' in introductory provisions and
struck out ``foreign currency'' before ``proceeds generated in Poland''
in concluding provisions.
Subsec. (b)(7)(D)(iii). Pub. L. 107-171, Sec. 3201(a)(1), struck out
``foreign currency'' before ``proceeds in amounts''.
Subsec. (b)(7)(D)(iv). Pub. L. 107-206 substituted ``subsection, or
to otherwise carry out the purposes of this subsection.'' for
``subsection.''
Pub. L. 107-171, Sec. 3201(a)(3), substituted ``Proceeds generated''
for ``Foreign currency proceeds generated'', ``country of origin as
necessary to expedite'' for ``country of origin--
``(I) as necessary to expedite'',
and a period for ``; or'' after ``this subsection'', and struck out
subcl. (II) which read as follows: ``if the proceeds are generated in a
currency generally accepted in the other country.''
Subsec. (b)(8). Pub. L. 107-171, Sec. 3201(b)(1), inserted heading,
added subpars. (A) to (C), redesignated former subpar. (B) as (D) and
inserted heading, and struck out former subpar. (A) which read as
follows: ``To the maximum extent practicable, expedited procedures shall
be used in the implementation of this subsection.''
Subsec. (b)(10). Pub. L. 107-171, Sec. 3009(b)(1), added par. (10).
Subsec. (b)(11). Pub. L. 107-171, Sec. 3201(b)(2), added par. (11).
1996--Subsec. (b)(7). Pub. L. 104-127, Sec. 264(1)(A)(ii), inserted
concluding provisions and struck out former concluding provisions which
read as follows: ``No portion of the proceeds or services realized from
sales or barter under this paragraph may be used to meet operating and
overhead expenses, except as otherwise provided in subparagraph (C) and
except for personnel and administrative costs incurred by local
cooperatives.''
Subsec. (b)(7)(D)(iv). Pub. L. 104-127, Sec. 264(1)(A)(i),
substituted ``a reasonable length of time, as determined by the
Secretary, except that the Secretary may permit the use of proceeds in a
country other than the country of origin--'' and subcls. (I) and (II)
for ``one year of acquisition of such currency, except that the
Secretary may permit the use of such proceeds (I) in countries other
than the country of origin as necessary to expedite the transportation
of commodities and products furnished under this subsection, (II) after
one year of acquisition as appropriate to achieve the purposes of clause
(i), and (III) in a country other than the country of origin, if such
proceeds are generated in a currency generally accepted in such other
country.''
Subsec. (b)(8)(C). Pub. L. 104-127, Sec. 264(1)(B), struck out
subpar. (C), which related to proposals by nonprofit and voluntary
agencies or cooperatives to make eligible commodities available, notice
and comment on issuance of final guidelines, and transmission of orders
to Commodity Credit Corporation.
Subsec. (b)(10) to (12). Pub. L. 104-127, Sec. 264(1)(C), struck out
pars. (10) to (12) which, in par. (10), authorized Secretary to make
available for disposition in each of fiscal years 1986 through 1990 not
less than specified minimum quantities of eligible commodities, in par.
(11), authorized Secretary to furnish eligible commodities in connection
with concessional sales agreements entered into under title I of the
Agricultural Trade Development and Assistance Act of 1954 or other
statutes, or agricultural export bonus or promotion programs carried out
under the Commodity Credit Corporation Charter Act or other statutes,
and, in par. (12), authorized funding for fiscal year 1988 for technical
assistance for sale or barter of commodities under paragraph (7) to
strengthen nonprofit private organizations and cooperatives in the
Philippines.
Subsec. (c). Pub. L. 104-127, Sec. 264(2), struck out subsec. (c),
which established 2 year pilot program relating to barter or exchange of
dairy products for ultra-high temperature processed fluid milk, and
required reports to Congress.
1994--Subsec. (b)(7)(D)(ii)(IV). Pub. L. 103-306 added subcl. (IV).
1992--Subsec. (b)(7)(D)(iv). Pub. L. 102-289 substituted ``(II)''
for ``and (II)'' and inserted before period at end ``, and (III) in a
country other than the country of origin, if such proceeds are generated
in a currency generally accepted in such other country''.
1991--Subsec. (b)(7)(F). Pub. L. 102-237 made technical amendment to
directory language of Pub. L. 101-624, Sec. 1514(5)(B). See 1990
Amendment note below.
1990--Subsec. (a)(3). Pub. L. 101-624, Sec. 1771(b)(2), substituted
``hospitals and facilities, to the extent that they serve needy persons
(including infants and children)'' for ``hospitals, to the extent that
needy persons are served''.
Subsec. (b)(1). Pub. L. 101-624, Sec. 1514(1), inserted reference to
title III of Agricultural Trade Development and Assistance Act of 1954.
Subsec. (b)(3)(B)(i). Pub. L. 101-624, Sec. 1514(2), substituted
reference to section 403(a) of Agricultural Trade Development and
Assistance Act of 1954 for reference to section 401(b) of such Act.
Subsec. (b)(5)(A). Pub. L. 101-624, Sec. 1514(3), substituted
reference to section 406 of Agricultural Trade Development and
Assistance Act of 1954 for reference to section 203 of such Act.
Subsec. (b)(6). Pub. L. 101-624, Sec. 1514(4), substituted reference
to section 406 of Agricultural Trade Development and Assistance Act of
1954 for reference to section 203 of such Act.
Subsec. (b)(7)(D)(ii). Pub. L. 101-513 substituted ``governmental
and nongovernmental'' for ``such'' and inserted ``governmental or''
after ``activities of''.
Subsec. (b)(7)(D)(iii). Pub. L. 101-624, Sec. 1514(5)(A), inserted
reference to title III of Agricultural Trade Development and Assistance
Act of 1954.
Subsec. (b)(7)(F). Pub. L. 101-624, Sec. 1514(5)(B), as amended by
Pub. L. 102-237, added subpar. (F).
Subsec. (d). Pub. L. 101-624, Sec. 1575, struck out subsec. (d)
which established pilot program for barter of agricultural commodities
for strategic materials not produced in sufficient amounts domestically
and for which national stockpile or reserve goals are unmet.
1988--Subsec. (b)(2)(A). Pub. L. 100-277, Sec. 1(a), substituted
``wheat, rice, feed grains'' for ``grains'' and inserted ``, and the
products thereof,'' after ``price support operations''.
Subsec. (b)(3)(D). Pub. L. 100-277, Sec. 2, added subpar. (D).
Subsec. (b)(4). Pub. L. 100-277, Sec. 3, inserted at end ``In
agreements with recipients of eligible commodities under this subsection
(including nonprofit and voluntary agencies or cooperatives), subject to
the availability of commodities each fiscal year, the Secretary, on
request, shall approve multiyear agreements to make agricultural
commodities available for distribution or sale by the recipients if the
agreements otherwise meet the requirements of this subsection.''
Subsec. (b)(7). Pub. L. 100-277, Sec. 1(b)(2), in introductory
provisions struck out ``, and products thereof,'' after ``commodities''.
Subsec. (b)(7)(D)(ii). Pub. L. 100-418 inserted provisions
respecting use of foreign currency proceeds generated in Poland and
describing activities eligible for such funds.
Pub. L. 100-277, Sec. 4(a), amended cl. (ii) generally. Prior to
amendment, cl. (ii) read as follows: ``Foreign currency proceeds
generated from the sales of commodities and products under this
subparagraph shall be used by nonprofit and voluntary agencies, or
cooperatives, for activities carried out by the agency or cooperative
that will enhance the effectiveness of transportation, distribution, and
use of commodities and products donated under this subsection, including
food for work programs and cooperative and agricultural projects.''
Subsec. (b)(7)(D)(iii). Pub. L. 100-277, Sec. 4(b), substituted ``10
percent'' for ``5 percent'' and inserted ``, or the minimum tonnage
required, whichever is greater,'' after ``furnished''.
Subsec. (b)(8)(C). Pub. L. 100-277, Sec. 5, added subpar. (C).
Subsec. (b)(10)(B)(i). Pub. L. 100-277, Sec. 1(b)(1), substituted
``wheat, rice, feed grains,'' for ``grains'' in two places.
1987--Subsec. (b)(12). Pub. L. 100-203 added par. (12).
1986--Subsec. (b)(10)(B). Pub. L. 99-260 inserted ``or, in the case
of fiscal year 1986, prior to March 31, 1986'' in two places.
1985--Subsec. (a). Pub. L. 99-198, Sec. 1109(1), struck out
provisions that such dairy products could also be donated through
foreign governments and public and nonprofit private humanitarian
organizations for assistance of needy persons outside the United States,
that Commodity Credit Corporation could pay, with respect to commodities
so donated, reprocessing, packaging, transporting, handling, and other
charges, including cost of overseas delivery, and that in order to
assure that any such donations for use outside the United States were
coordinated with and would complement other United States foreign
assistance, such donations had to be coordinated through mechanism
designated by President to coordinate assistance under the Agricultural
Trade Development and Assistance Act of 1954 and were to be in addition
to level of assistance programmed under that Act.
Subsec. (b). Pub. L. 99-198, Sec. 1109(2), in amending subsec. (b)
generally, substituted provisions relating to furnishing of eligible
commodities for purpose of carrying out programs of assistance in
developing and friendly countries under title II of the Agricultural
Trade Development and Assistance Act of 1954 and section 1736o of this
title for provisions relating to furnishing of dairy products, rice and
wheat (which had been acquired by Commodity Credit Corporation through
price support operations) for purpose of carrying out title II of that
Act.
Pub. L. 99-83 added applicability to rice acquired by the Commodity
Credit Corporation through price support operations.
Subsec. (d). Pub. L. 99-198, Sec. 1129, added subsec. (d).
1984--Pub. L. 98-258 designated existing provisions as subsec. (a),
substituted ``subsection'' for ``section'' wherever appearing, and added
subsecs. (b) and (c).
1982--Pub. L. 97-253 inserted provision that notwithstanding any
other provision of law, dairy products may be donated for distribution
to needy households in the United States and to meet the needs of
persons receiving nutrition assistance under the Older Americans Act of
1965, and that such dairy products may also be donated through foreign
governments and public and nonprofit private humanitarian organizations
for the assistance of needy persons outside the United States, and the
Commodity Credit Corporation may pay, with respect to commodities so
donated, reprocessing, packaging, transporting, handling, and other
charges, including the cost of overseas delivery, and that in order to
assure that any such donations for use outside the United States are
coordinated with and complement other United States foreign assistance,
such donations shall be coordinated through the mechanism designated by
the President to coordinate assistance under the Agricultural Trade
Development and Assistance Act of 1954 and shall be in addition to the
level of assistance programmed under that Act.
1977--Pub. L. 95-113 struck out provision that no person who is
eligible (or upon application would be eligible) to receive supplemental
security income under title XVI of the Social Security Act shall be
eligible, with certain exceptions, to participate in any program
conducted under this section.
1972--Pub. L. 92-603 inserted provision that persons eligible to
receive supplemental security income under title XVI of the Social
Security Act [42 U.S.C. 1381 et seq.] shall not be eligible to
participate in programs conducted under this section, with certain
exceptions.
1970--Pub. L. 91-233 changed priorities for sales over donations in
the disposition of food commodities acquired under support programs
insofar as dairy products, so acquired, are concerned by giving
preference to the use of such products in nonprofit school lunch and
similar feeding programs.
1966--Pub. L. 89-808 struck out provisions of cl. (4) for donations
of excess food commodities to nonprofit voluntary agencies registered
with the Committee on Voluntary Foreign Aid of the Foreign Operations
Administration or other appropriate Federal agencies and
intergovernmental organizations for use in assistance of needy persons
and in nonprofit lunch programs outside the United States provisions for
payment of charges in case of commodities made available for use within
the United States, or their delivery free alongside ship or free on
board export carrier at point of export, in the case of commodities made
available for use outside the United States, and that assistance to
needy persons provided in such cl. (4) be directed toward community and
other self-help activities designed to alleviate the causes for the need
for such assistance. See section 1721 et seq. of this title.
1964--Pub. L. 88-638 directed that assistance to needy persons,
insofar as practicable, be directed toward community and other self-help
activities designed to alleviate the causes of the need.
1962--Pub. L. 87-703 inserted ``and in nonprofit school lunch
programs'' after ``needy persons'' in cl. (4).
1959--Pub. L. 86-108 substituted ``waste of commodities whether in
private stocks or acquired through price-support operations'' for
``waste of commodities acquired through price-support operations''.
1958--Pub. L. 85-483 permitted donation of food commodities for use
in nonprofit summer camps for children.
1956--Act May 28, 1956, authorized payment of cost of processing
commodities into a form suitable for home or institutional use.
1954--Act July 10, 1954, amended section generally to eliminate its
applicability only to ``food'' commodities; to eliminate the necessity
for a finding that commodities are in danger of a loss through
``deterioration or spoilage''; to establish barter as a disposal method;
and to expand the list of eligible domestic recipients.
Effective Date of 1994 Amendment
Section 576(d) of Pub. L. 103-306 provided that: ``The amendments
made by this section [amending this section and provisions set out
below] shall take effect October 1, 1994.''
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of Title 22,
Foreign Relations and Intercourse.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section
1302(b) of Pub. L. 95-113, set out as a note under section 2012 of this
title.
Effective Date of 1972 Amendment
Section 411(g) of Pub. L. 92-603 provided that the amendment made by
that section is effective Jan. 1, 1974.
Pub. L. 93-233, Sec. 8(b)(2), 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, 915 Stat. 255, provided that: ``The last sentence of section
416 of the Act of October 31, 1949 [this section] (as added by section
411(g) of Public Law 92-603) [see 1972 Amendment Note above] shall not
be effective for the period ending September 30, 1978.''
[Amendment by Pub. L. 93-335, effective July 1, 1974, see section
1(c) of Pub. L. 93-335, set out as a note under section 1382 of Title
42, The Public Health and Welfare. 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.]
Effective Date of 1966 Amendment
Section 3(c) of Pub. L. 89-808 provided that the amendment made by
that section is effective Jan. 1, 1967.
Exceptions From Transfer of Functions
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of Commodity
Credit Corporation; and Farm Credit Administration or any agency,
officer, or entity of, under, or subject to supervision of said
Administration excepted from functions of officers, agencies, and
employees transferred to Secretary of Agriculture by 1953 Reorg. Plan
No. 2, Sec. 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set
out as a note under section 2201 of this title.
Donation of Surplus Agricultural Commodities
Section 2223 of Pub. L. 100-418, as amended by Pub. L. 101-513,
title V, Sec. 562(part), Nov. 5, 1990, 104 Stat. 2032; Pub. L. 103-306,
title V, Sec. 576(a), (b), Aug. 23, 1994, 108 Stat. 1654, provided that:
``(a) Authority to Donate.--Notwithstanding any other provision of
law, if the Secretary of Agriculture determines for each fiscal year
that (1) a donation under this section would not limit the Secretary's
ability to meet urgent humanitarian needs for agricultural commodities,
and (2) such donation would not cause a reduction in the price of the
same or similar agricultural commodities produced in Poland[,] the
Secretary of Agriculture shall donate, under the applicable provisions
of section 416(b) of the Agricultural Act of 1949 [7 U.S.C. 1431(b)],
for each of the fiscal years 1995 through 1999, 8,000 metric tons of
uncommitted stocks of eligible commodities of the Commodity Credit
Corporation under an agreement with the Government of Poland that the
Government of Poland will sell such commodities and that all the
proceeds from such sales will be used by governmental and
nongovernmental agencies for eligible activities in Poland described in
section 416(b)(7)(D)(ii) of that Act (as amended by section 2225 of this
Act) that have been approved, upon application, by the joint commission
described in section 2226 [of Pub. L. 100-418, set out below] and by the
United States chief of diplomatic mission in Poland.
``(b) Definitions.--For purposes of this section--
``(1) the term `eligible commodities' has the same meaning as is
given such term in section 416(b)(2) of the Agricultural Act of 1949
[7 U.S.C. 1431(b)(2)] and, in addition, includes feed grains,
soybeans, and soybean products; and
``(2) the term `nongovernmental agencies' includes nonprofit
voluntary agencies, cooperatives, intergovernmental agencies such as
the World Food Program, and other multilateral organizations.''
Use of Polish Currencies
Section 2224 of Pub. L. 100-418 provided that:
``(a) Use of Polish Currencies.--Subject to subsection (b),
nonconvertible Polish currencies (zlotys) held by the United States on
the date of enactment of this Act [Aug. 23, 1988] pursuant to an
agreement with the Government of Poland under the Agricultural Trade
Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.] which are
not assets of the Commodity Credit Corporation shall be made available,
to the extent and in such amounts as are provided in advance in
appropriation Acts, for eligible activities in Poland described in
section 416(b)(7)(D)(ii) of the Agricultural Act of 1949 [7 U.S.C.
1431(b)(7)(D)(ii)] (as amended by section 2225 of this Act) and
approved, upon application, by the joint commission described in section
2226 [of Pub. L. 100-418, set out below] and by the United States chief
of diplomatic mission in Poland.
``(b) Availability of Currencies.--Currencies available under
subsection (a) are currencies available after satisfaction of existing
commitments to use such currencies for other purposes specified by
law.''
Joint Commission
Section 2226 of Pub. L. 100-418 provided that:
``(a) Establishment.--The joint commission referred to in sections
2223 and 2224 [of Pub. L. 100-418, set out above] and in section
416(b)(7)(D)(ii) of the Agricultural Act of 1949 [7 U.S.C.
1431(b)(7)(D)(ii)] (as amended by section 2225 of this Act) shall be
established under an agreement between the United States Government, the
Government of Poland, and nongovernmental agencies (as defined in
section 2223) operating in Poland.
``(b) Membership.--The joint commission shall be composed of--
``(1) appropriate representatives of the Government of Poland;
``(2) appropriate representatives of nongovernmental agencies
which are parties to the agreement described in subsection (a); and
``(3) representatives from the United States diplomatic mission
in Poland, which may include a representative of the Foreign
Agricultural Service.''
Barter of Agricultural Commodities
Section 4309 of Pub. L. 100-418 provided that: ``In recognition of
the importance of barter programs in expanding agricultural trade, it is
the sense of Congress that the Secretary of Agriculture should expedite
the implementation of section 416(d) of the Agricultural Act of 1949 (7
U.S.C. 1431(d)) and section 1167 of the Food Security Act of 1985 (7
U.S.C. 1727g note and 1736aa), relating to the barter of agricultural
commodities.''
Pub. L. 98-180, title III, Sec. 302, Nov. 29, 1983, 97 Stat. 1151,
provided that:
``(a) It is the sense of Congress that the Secretary of Agriculture
should exchange or barter, to the maximum extent practicable under the
provisions of law specified in subsection (b), commodities (especially
dairy products) owned by the Commodity Credit Corporation for materials,
goods, and equipment produced in foreign countries.
``(b) The provisions of law referred to in subsection (a) are--
``(1) section 4(h) of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714b(h)),
``(2) section 310 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1692) [7 U.S.C. 1727g], and
``(3) section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431).''
Minimum Level of Food Assistance
Annual minimum of food assistance made available to foreign
countries to be not less than one-third of total amount of foreign
economic assistance provided for each fiscal year, see section 4310 of
Pub. L. 100-418, set out as a note under section 1691 of this title.
Additional Levels of Flour, Cornmeal, Wheat, Soybeans, and Dairy
Products for Friendly Countries in Fiscal Years 1987, 1988, and 1989
Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 646], Oct. 18, 1986, 100
Stat. 1783, 1783-36, and Pub. L. 99-591, Sec. 101(a) [title VI,
Sec. 646], Oct. 30, 1986, 100 Stat. 3341, 3341-36, provided that:
``(1) It is the sense of the Senate that the Secretary of
Agriculture should make available not less than $10,000,000 worth of
flour and cornmeal using the wheat and cornstocks of the Commodity
Credit Corporation. Such flour and cornmeal shall be in addition to the
traditional level of assistance made available under section 1114 of the
Agriculture and Food Act of 1981 [Pub. L. 97-98, enacting sections 1431e
and 4004a of this title and amending section 4004 of this title],
section 416(a) of the Agricultural Act of 1949 [7 U.S.C. 1431(a)],
section 4 of the Agriculture and Consumer Protection Act of 1973 [Pub.
L. 93-86, 7 U.S.C. 612c note], and any other provision of law
administered by the Secretary.
``(2)(a) During the three-year period beginning with the fiscal year
ending September 30, 1987, through the fiscal year ending September 30,
1989, the Secretary of Agriculture shall make available to PVO's and
cooperatives and to governments a total of at least 500,000 metric tons
of wheat, 500,000 metric tons of soybeans, and 50 million pounds of
dairy products under paragraph (11)(B) of section 416(b) of the
Agricultural Act of 1949 [7 U.S.C. 1431(b)(11)(B)], notwithstanding
paragraph (11)(c) of section 416(b) of such Act.
``(b) Commodities made available under this section during any
fiscal year shall be--
``(1) subject to the agreement of recipient nations--
``(A) to acquire through commercial arrangements
agricultural commodities directly or by private purchases during
the fiscal year in an amount equal to 105 percent of the average
amount of such agricultural commodities acquired through
commercial arrangements during the 3 preceding years.
``(B) to permit the sale of commodities furnished under this
section in the recipient nation and to use the local currency
generated from such sales--
``(i) by PVO's and cooperatives to carry out approved
programs of assistance in the recipient nation;
``(ii) to operate lending programs in the manner
provided for in section 108 of Public Law 480 [probably
means former 7 U.S.C. 1708]; and
``(iii) to reimburse the United States in dollars for
costs incurred in furnishing such commodities, including
transportation and processing, during the same fiscal year
in which such costs were incurred. Reimbursements under this
paragraph may be made in local currencies generated from the
sale of the commodities under this paragraph if they are
used to pay expenses of the United States in the recipient
nation.
``(2) No greater than such amounts as is requested by recipient
nations.
``(c) To the extent practicable, commodities made available under
this section shall be furnished in equal quantities during each of these
fiscal years.
``(d) It is the sense of Congress that commodities provided for in
this subsection be made available to PVO's and cooperatives operating in
the Republic of the Philippines, and the government of the Philippines.
``(3)(a) During the three-year period beginning with the fiscal year
ending September 30, 1987, through the fiscal year ending September 30,
1989, the Secretary of Agriculture shall make available to the friendly
countries, under paragraph (b)(11)(A) of section 416 of the Agricultural
Act of 1949 [7 U.S.C. 1431(b)(11)(A)], at least 500,000 metric tons of
wheat and 45 million pounds of dairy products, notwithstanding paragraph
(11)(c) of section 416(b) of such Act.
``(b) Commodities made available to a nation under this section
during any fiscal year shall be--
``(1) subject to the agreement of the Nation--
``(A) to acquire through commercial arrangements
agricultural commodities directly or by private purchases during
the fiscal year in an amount equal to 105 percent of the average
amount of such agricultural commodities acquired through
commercial arrangements during the preceding three years.
``(B) to sell any commodities furnished under this section
within the nation and to use the local currencies generated from
such sales to (i) establish and carry out lending programs in
such nations in the manner provided for in section 108 of the
Agricultural Trade Development and Assistance Act of 1954
[former 7 U.S.C. 1708] and (ii) reimburse the United States in
dollars for costs incurred in furnishing such commodities,
including transportation and processing, in the same fiscal year
in which such costs were incurred. Reimbursements under this
paragraph may be made in local currencies generated from the
sale of the commodities under paragraph (2) if they are used to
pay expenses of the United States in the recipient Nation.
``(2) No greater than such amounts as is requested by such
governments.
``(c) To the extent practicable, commodities made available under
this section shall be furnished in equal quantities during each of the
three fiscal years.
``(d) For purchases [purposes] of this section, the term `friendly
countries' shall have the same meaning as that term has under the
Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C. 1691
et seq.].
``(e) It is the sense of Congress that commodities provided for in
this subsection be made available to the Philippines and friendly
countries of Africa.
``(4)(a) During the three-year period beginning with the fiscal year
ending September 30, 1987, through the fiscal year ending September 30,
1989, the Secretary of Agriculture shall make available to PVO's
cooperatives and governments, 460,000 metric tons of wheat, 137 million
pounds of dairy products, and 180,000 metric tons of soybeans; under
paragraph (11)(B) of section 416(b) of the Agricultural Act of 1949 [7
U.S.C. 1431(b)(11)(B)], notwithstanding paragraph (11)(C) of section
416(b) of such Act.
``(b) Commodities made available to a nation, or PVO's and
cooperatives operating in such nation, under this section during any
fiscal year shall be--
``(1) subject to the agreement of the nation--
``(A) to acquire through commercial arrangements
agricultural commodities directly or by private purchases during
the fiscal year in an amount equal to 105 percent of the average
amount of such agricultural commodities acquired through
commercial arrangements during the preceding three years;
``(B) to permit the sale of commodities furnished under this
section within the nation and to use the local currencies
generated from such sales (i) by PVO's and cooperatives to carry
out approved programs of assistance in the country and (ii) to
operate lending programs in the manner provided for in section
108 of Public Law 480 [probably means former 7 U.S.C. 1708]; and
``(C) to reimburse the United States in dollars for costs
incurred in furnishing such commodities, including
transportation and processing, in the same fiscal year in which
such costs were incurred. Reimbursements under this paragraph
may be made in local currencies generated from the sale of the
commodities under paragraph (2) if they are used to pay expenses
of the United States in the recipient nation.
``(2) No greater than such amounts as is requested by such
government.
``(c) To the extent practicable, commodities made available under
this section shall be furnished in equal quantities during each of the
three fiscal years.
``(d) For purposes of this section, the term `friendly countries'
shall have the same meaning as that term has under the Agricultural
Trade Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.].
``(e) It is the sense of Congress that of the commodities made
available under this subsection--
``(1) 400,000 metric tons of wheat, 80 million pounds of dairy
products and 180,000 metric tons of soybeans be made available to
Nigeria;
``(2) 1 million metric tons of wheat be made available to
friendly countries in Africa, other than Nigeria;
``(3) 30,000 metric tons of soybeans, and 50 million pounds of
dairy products be made available to India; and
``(4) 60,000 metric tons of wheat and 7 million pounds of dairy
products be made available to Bangladesh.''
Commodity Distribution Program; Purchase of Agricultural Commodities
With Unexpected or Available Funds; Prohibition on Furnishing
Commodities to Summer Camps; Participation in Program of Individual
Receiving Supplemental Security Income Benefits
Authority of Secretary to purchase and furnish agricultural
commodities under commodity distribution programs and participation of
individuals receiving supplemental security income benefits in such
programs, see section 4 of Pub. L. 93-86, Aug. 10, 1973, 87 Stat. 249,
set out as a note under section 612c of this title.
Eligibility of Supplemental Security Income Recipients for Food Stamps
During Period Ending June 30, 1977
Individuals receiving supplemental security income benefits not to
be considered members of households for any purpose of the food
distribution program for families under this section for any month
during the period ending June 30, 1977, if, for such month, such
individual resides in a State which provides State supplementary
payments of the type described in section 1382e(a) of Title 42, The
Public Health and Welfare, and 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.
Home Economics Training
Pub. L. 86-756, Sept. 13, 1960, 74 Stat. 899, as amended by Pub. L.
87-179, Aug. 30, 1961, 75 Stat. 411, provided: ``That schools receiving
surplus foods pursuant to clause (3) of section 416 of the Agricultural
Act of 1949 (7 U.S.C. 1431) [clause (3) of this section] or section 32
of the Act of August 24, 1935, as amended (7 U.S.C. 612c) are authorized
to use such foods in training students in home economics, including
college students if the same facilities and instructors are used for
training both high school and college students in home economics
courses.''
Authorization for Commodity Credit Corporation To Purchase and Donate
Flour, Cornmeal and Processed Food Grain Products
Pub. L. 85-683, Aug. 19, 1958, 72 Stat. 635, as amended by Pub. L.
88-550, Aug. 31, 1964, 78 Stat. 755; Pub. L. 97-98, title XII,
Sec. 1209, Dec. 22, 1981, 95 Stat. 1280; Pub. L. 106-387, Sec. 1(a)
[title VII, Sec. 758], Oct. 28, 2000, 114 Stat. 1549, 1549A-43,
provided: ``That at any time Commodity Credit Corporation has any grain
available for donation pursuant to the Food for Progress Act of 1985 [7
U.S.C. 1736o], section 416 of the Agricultural Act of 1949, as amended
[this section], section 210 of the Agricultural Act of 1956 [section
1859 of this title], or title II of the Agricultural Trade Development
and Assistance Act, as amended [sections 1721 to 1726 of this title],
the Corporation, in lieu of processing all or any part of such grain
into human food products, may purchase such processed food products in
quantities not to exceed the equivalent of the respective grain
available for donation on the date of such purchase and donate such
processed food products pursuant to the Food for Progress Act of 1985,
such section 416, and to such section 210, and make such processed food
products available pursuant to such title II, and may sell, without
regard to the provisions of section 407 of the Agricultural Act of 1949,
as amended [section 1427 of this title], a quantity of the grain
equivalent to the processed food products so purchased: Provided, That
no food product purchased pursuant to the authority contained herein
shall constitute less than 50 per centum by weight of the grain from
which processed (except that this limitation does not apply in the case
of the protein byproduct resulting from the production of fuel alcohol
from agricultural commodities), or contain any additive other than for
normal vitamin enrichment, preservative, and bleaching purposes.''
Irish Potatoes Acquired Under 1949 Price Support Program
Section 3 of act Mar. 31, 1950, ch. 81, 64 Stat. 41, made Irish
potatoes acquired under the 1949 price support program available to
school-lunch programs, the Bureau of Indian Affairs, Federal, State, or
local public welfare organizations, private or international nonprofit
welfare organizations, penal institutions, and nonprofit hospitals.
Bartering Authority of Secretary
Bartering authority of Secretary of Agriculture, exchange of
agricultural commodities for strategic materials and materials for other
purposes, cooperation of agencies, and assistance to cooperatives, see
section 1692 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1428, 1431b, 1431c, 1431d,
1444, 1446a, 1733, 1736a, 1736o, 4004, 5201, 7301 of this title; title
22 sections 5413, 5425, 7201; title 42 sections 1761, 1762a, 1766, 1777,
1786, 3030a, 3045f; title 46 App. section 1241f.
