Title 42 — The Public Health and Welfare
Chapter 68 — Disaster Relief
§ 5179. Benefits and distribution
Statutory text
Persons eligible; terms and conditions
Whenever the President determines that, as a result of a major disaster, low-income households are unable to purchase adequate amounts of nutritious food, he is authorized, under such terms and conditions as he may prescribe, to distribute through the Secretary of Agriculture or other appropriate agencies benefit allotments to such households pursuant to the provisions of the Food and Nutrition Act of 2008 of 1964 1 (P.L. 91–671; 84 Stat. 2048) [7 U.S.C. 2011 et seq.] and to make surplus commodities available pursuant to the provisions of this chapter.
Duration of assistance; factors considered
The President, through the Secretary of Agriculture or other appropriate agencies, is authorized to continue to make such benefit allotments and surplus commodities available to such households for so long as he determines necessary, taking into consideration such factors as he deems appropriate, including the consequences of the major disaster on the earning power of the households, to which assistance is made available under this section.
Food and Nutrition Act provisions unaffected
Nothing in this section shall be construed as amending or otherwise changing the provisions of the Food and Nutrition Act of 2008 of 1964 1 [7 U.S.C. 2011 et seq.] except as they relate to the availability of supplemental nutrition assistance program benefits in an area affected by a major disaster.
Footnotes
- 1 So in original. See 2008 Amendment note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 93–288 title IV § 412 · 88 Stat. 143
Enacted · 42 U.S.C. § 5179
Pub. L. 93–288, title IV, § 412, formerly § 409, May 22, 1974, 88 Stat. 157
Source evidence
Code source credit
Pub. L. 93–288, title IV, § 412, formerly § 409, May 22, 1974, 88 Stat. 157Enacted provision · exact public law section
Sec. 412. Whenever the President determines that low-income individuals 42 USC 5182. are unable to secure legal services adequate to meet their needs as a consequence of a major disaster, consistent with the goals of the programs authorized by this Act, the President shall assure that such programs are conducted with the advice and assistance of appropriate Federal agencies and State and local bar associations.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4115(c)(1)(A)(iv) · 122 Stat. 1651
Substituted · 42 U.S.C. § 5179
Pub. L. 110–246, § 4115(c)(1)(A)(iv), (B)(v), substituted “Benefits” for “Food coupons” in section catchline
Source evidence
Code amendment note
Pub. L. 110–246, § 4115(c)(1)(A)(iv), (B)(v), substituted “Benefits” for “Food coupons” in section catchline.Enacted provision · exact public law section
(iv) in each section heading, by striking “food coupons” each place it appears and inserting “benefits”;Effective date note
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 otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by sections 4002(b)(1)(C), (E), (2)(DD), and 4115(c)(1)(A)(ii), (iv), (B)(v) 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.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(b)(1)(C) · 122 Stat. 1651
Substituted · 42 U.S.C. § 5179
Pub. L. 110–246, § 4002(b)(1)(C), (2)(DD), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act” in subsecs. (a) and (c)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–246, § 4002(b)(1)(C), (2)(DD), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act” in subsecs. (a) and (c).Enacted provision · exact public law section
(C) by striking “Food Stamp Act” each place it appears and inserting “Food and Nutrition Act of 2008”;Effective date note
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 otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by sections 4002(b)(1)(C), (E), (2)(DD), and 4115(c)(1)(A)(ii), (iv), (B)(v) 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.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4115(c)(1)(A)(ii) · 122 Stat. 1651
Substituted · 42 U.S.C. § 5179(a); 42 U.S.C. § 5179(b)
Pub. L. 110–246, § 4115(c)(1)(A)(ii), (B)(v), substituted “benefit” for “coupon”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 110–246, § 4115(c)(1)(A)(ii), (B)(v), substituted “benefit” for “coupon”.Enacted provision · exact public law section
(ii) by striking “coupon” each place it appears and inserting “benefit”;Effective date note
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 otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by sections 4002(b)(1)(C), (E), (2)(DD), and 4115(c)(1)(A)(ii), (iv), (B)(v) 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.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(b)(1)(E) · 122 Stat. 1651
Substituted · 42 U.S.C. § 5179(c)
Pub. L. 110–246, § 4002(b)(1)(E), (2)(DD), substituted “supplemental nutrition assistance program benefits” for “food stamps”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–246, § 4002(b)(1)(E), (2)(DD), substituted “supplemental nutrition assistance program benefits” for “food stamps”.Enacted provision · exact public law section
(E) by striking “food stamps” each place it appears and inserting “supplemental nutrition assistance program benefits”;Effective date note
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 otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by sections 4002(b)(1)(C), (E), (2)(DD), and 4115(c)(1)(A)(ii), (iv), (B)(v) 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.
5 of 5 references resolved to an enrolled provision
Editorial Notes
References in Text
The Food and Nutrition Act of 2008, referred to in subsecs. (a) and (c), is Pub. L. 88–525, , 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–288, , 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title 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.
Prior Provisions
A prior section 412 of Pub. L. 93–288 was renumbered section 415 by Pub. L. 100–707 and is classified to section 5182 of this title.
Amendments
2008—Pub. L. 110–246, § 4115(c)(1)(A)(iv), (B)(v), substituted “Benefits” for “Food coupons” in section catchline.
Pub. L. 110–246, § 4002(b)(1)(C), (2)(DD), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act” in subsecs. (a) and (c).
Subsecs. (a), (b). Pub. L. 110–246, § 4115(c)(1)(A)(ii), (B)(v), substituted “benefit” for “coupon”.
Subsec. (c). Pub. L. 110–246, § 4002(b)(1)(E), (2)(DD), substituted “supplemental nutrition assistance program benefits” for “food stamps”.
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 , the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Amendment by sections 4002(b)(1)(C), (E), (2)(DD), and 4115(c)(1)(A)(ii), (iv), (B)(v) of Pub. L. 110–246 effective , see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
Executive Dcouments
Delegation of Functions
Secretary of Agriculture designated and empowered to exercise, without approval, ratification, or other action of President, all authority vested in President by this section concerning food coupons (benefits) and distribution, see section 3 of Ex. Ord. No. 11795, as amended, set out as a note under section 5121 of this title.
Credits
1974–2008 · 4 acts
- 1974Pub. L. 93–288, title IV, § 412, formerly § 409, , 88 Stat. 157
- 1988renumbered § 412, Pub. L. 100–707, title I, § 106(h), , 102 Stat. 4705
- 2008Pub. L. 110–234, title IV, §§ 4002(b)(1)(C), (E), (2)(DD), 4115(c)(1)(A)(ii), (iv), (B)(v), , 122 Stat. 1096, 1097, 1109
- 2008Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(C), (E), (2)(DD), 4115(c)(1)(A)(ii), (iv), (B)(v), , 122 Stat. 1664, 1857, 1859, 1870, 1871.
Show as published
(Pub. L. 93–288, title IV, § 412, formerly § 409, , 88 Stat. 157; renumbered § 412, Pub. L. 100–707, title I, § 106(h), , 102 Stat. 4705; Pub. L. 110–234, title IV, §§ 4002(b)(1)(C), (E), (2)(DD), 4115(c)(1)(A)(ii), (iv), (B)(v), , 122 Stat. 1096, 1097, 1109; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(C), (E), (2)(DD), 4115(c)(1)(A)(ii), (iv), (B)(v), , 122 Stat. 1664, 1857, 1859, 1870, 1871.)