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119th Congress

Title 7 — Agriculture

Chapter 51 — Supplemental Nutrition Assistance Program

§ 2036. Availability of commodities for emergency food assistance program

Statutory text

(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 authority 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 section 7515 of this title.

(2)

Amounts

The Secretary shall use to carry out paragraph (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 specified in subparagraph (B) adjusted by the percentage by which the thrifty food plan has been adjusted under section 2012(u)(3) of this title between , 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 commodities specified in subparagraph (D)(ix) adjusted by the percentage by which the thrifty food plan has been adjusted under section 2012(u)(3) of this title to reflect changes between , 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 practicable and appropriate, make purchases based on—

(1)

agricultural market conditions;

(2)

preferences and needs of States and distributing agencies; and

(3)

preferences of recipients.

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.

  1. The Food Stamp Act of 1964

    Pub. L. 88–525 § 27 · 78 Stat. 703

    Enacted · 7 U.S.C. § 2036

    Pub. L. 88–525, § 27, as added Pub. L. 104–193, title VIII, § 871(g), Aug. 22, 1996, 110 Stat. 2346

    Source evidence

    Code source credit
    Pub. L. 88–525, § 27, as added Pub. L. 104–193, title VIII, § 871(g), Aug. 22, 1996, 110 Stat. 2346

  2. Pub. L. 107–171 title IV § 4126(a) · 116 Stat. 134

    1. Substituted · 7 U.S.C. § 2036(a)

      Pub. L. 107–171 substituted “2002 through 2007” for “1997 through 2002”

    2. Substituted · 7 U.S.C. § 2036(a)

      Pub. L. 107–171 substituted “$140,000,000” for “$100,000,000”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–171 substituted “2002 through 2007” for “1997 through 2002” and “$140,000,000” for “$100,000,000”.

    Enacted provision · exact public law section
    (a) In General.— Section 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2036(a)) is amended— (1) by striking “1997 through 2002” and inserting “2002 through 2007”; and (2) by striking “$100,000,000” and inserting “$140,000,000”.

  3. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 4201(a) · 122 Stat. 1651

    1. Amended · 7 U.S.C. § 2036(a)

      Pub. L. 110–246, § 4201(a), reenacted subsec. heading without change, designated existing provisions as par. (1)

    2. Inserted · 7 U.S.C. § 2036(a)

      Pub. L. 110–246, § 4201(a), reenacted subsec. heading without change, inserted par. heading

    3. Substituted · 7 U.S.C. § 2036(a)

      Pub. L. 110–246, § 4201(a), reenacted subsec. heading without change, substituted “for each of the fiscal years 2008 through 2012, the Secretary 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”

    4. Added · 7 U.S.C. § 2036(a)

      Pub. L. 110–246, § 4201(a), reenacted subsec. heading without change, added par. (2)

    Source evidence

    Code amendment note
    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 Secretary 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).

    Enacted provision · exact public law section
    (a) Purchase of Commodities.— Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) is amended by – (1) by striking “(a) Purchase of Commodities” and all that follows through “$140,000,000 of” and inserting the following: “(a) Purchase of Commodities.— “(1) In general.— From amounts made available to carry out this Act, for each of the fiscal years 2008 through 2012, the Secretary shall purchase a dollar amount described in paragraph (2) of” ; and (2) by adding at the end the following: “(2) Amounts.— The Secretary shall use to carry out paragraph (1)— “(A) for fiscal year 2008, $190,000,000; “(B) for fiscal year 2009, $250,000,000; and “(C) for each of fiscal years 2010 through 2012, the dollar amount of commodities specified in subparagraph (B) adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30, 2008, and June 30 of the immediately preceding fiscal year.” .

    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 this title. Amendment by section 4201(a) 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.

  4. Agricultural Act of 2014

    Pub. L. 113–79 § 4030(m) · 128 Stat. 649

    Changed · 7 U.S.C. § 2036(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (m) Section 27(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)(1)) is amended by striking “(Public Law 98–8; 7 U.S.C. 612c note)” and inserting “(7 U.S.C. 7515)”.

  5. Agricultural Act of 2014

    Pub. L. 113–79 § 4027(a)(1) · 128 Stat. 649

    Substituted · 7 U.S.C. § 2036(a)(1)

    Pub. L. 113–79, § 4027(a)(1), substituted “2014 through 2018” for “2008 through 2012”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 113–79, § 4027(a)(1), substituted “2014 through 2018” for “2008 through 2012”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “2008 through 2012” and inserting “2014 through 2018”;

  6. Agricultural Act of 2014

    Pub. L. 113–79 § 4027(a)(2)(B)(i) · 128 Stat. 649

    Substituted · 7 U.S.C. § 2036(a)(2)(C)

    Pub. L. 113–79, § 4027(a)(2)(B)(i), substituted “2018” for “2012”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 113–79, § 4027(a)(2)(B)(i), substituted “2018” for “2012”.

    Enacted provision · exact public law section
    (i) by striking “2012” and inserting “2018”; and

  7. Agricultural Act of 2014

    Pub. L. 113–79 § 4027(a)(2)(A) · 128 Stat. 649

    Added · 7 U.S.C. § 2036(a)(2)(D); 7 U.S.C. § 2036(a)(2)(E)

    Pub. L. 113–79, § 4027(a)(2)(A), (B)(ii), (C), added subpars. (D) and (E)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D), (E). Pub. L. 113–79, § 4027(a)(2)(A), (B)(ii), (C), added subpars. (D) and (E).

    Enacted provision · exact public law section
    (A) in subparagraph (B), by striking “and” at the end;

  8. Agricultural Act of 2014

    Pub. L. 113–79 § 4027(a)(3) · 128 Stat. 649

    Added · 7 U.S.C. § 2036(a)(3)

    Pub. L. 113–79, § 4027(a)(3), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 113–79, § 4027(a)(3), added par. (3).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(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.” .

  9. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 4018(e)(1) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 2036(a)(1); 7 U.S.C. § 2036(2)(C)

    Pub. L. 115–334, § 4018(e)(1), (2)(A), substituted “2023” for “2018”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2)(C). Pub. L. 115–334, § 4018(e)(1), (2)(A), substituted “2023” for “2018”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “2018” and inserting “2023”; and

  10. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 4018(e)(2)(B)(i) · 132 Stat. 4490

    Substituted · 7 U.S.C. § 2036(a)(2)(D)

    Pub. L. 115–334, § 4018(e)(2)(B)(i), substituted “2023” for “2018” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D). Pub. L. 115–334, § 4018(e)(2)(B)(i), substituted “2023” for “2018” in introductory provisions.

    Enacted provision · exact public law section
    (i) in the matter preceding clause (i), by striking “2018” and inserting “2023”;

  11. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 4018(e)(2)(B)(ii) · 132 Stat. 4490

    Added · 7 U.S.C. § 2036(a)(2)(D)(v)(ix)

    Pub. L. 115–334, § 4018(e)(2)(B)(ii), added cls. (v) to (ix)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D)(v) to (ix). Pub. L. 115–334, § 4018(e)(2)(B)(ii), added cls. (v) to (ix).

    Enacted provision · exact public law section
    (ii) in clause (iii), by striking “and” after the semicolon;

  12. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 4018(e)(2)(C) · 132 Stat. 4490

    1. Substituted · 7 U.S.C. § 2036(a)(2)(E)

      Pub. L. 115–334, § 4018(e)(2)(C), substituted “2024” for “2019”

    2. Substituted · 7 U.S.C. § 2036(a)(2)(E)

      Pub. L. 115–334, § 4018(e)(2)(C), substituted “subparagraph (D)(ix)” for “subparagraph (D)(iv)”

    3. Substituted · 7 U.S.C. § 2036(a)(2)(E)

      Pub. L. 115–334, § 4018(e)(2)(C), substituted “June 30, 2023” for “June 30, 2017”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(E). Pub. L. 115–334, § 4018(e)(2)(C), substituted “2024” for “2019”, “subparagraph (D)(ix)” for “subparagraph (D)(iv)”, and “June 30, 2023” for “June 30, 2017”.

    Enacted provision · exact public law section
    (C) in subparagraph (E)— (i) by striking “2019” and inserting “2024”; (ii) by striking “(D)(iv)” and inserting “(D)(ix)”; and (iii) by striking “June 30, 2017” and inserting “June 30, 2023”.

  13. Pub. L. 119–21 title I § 10101(b)(3) · 139 Stat. 81

    Substituted · 7 U.S.C. § 2036(a)(2)

    Pub. L. 119–21 substituted “section 2012(u)(3)” for “section 2012(u)(4)” in subpars. (C) and (E)

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 119–21 substituted “section 2012(u)(3)” for “section 2012(u)(4)” in subpars. (C) and (E).

17 of 19 references resolved to an enrolled provision · 1 partial · 1 unresolved

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.

Amendments2002–2025 · 5 rounds

2025

Subsec. (a)(2). Pub. L. 119–21 substituted “section 2012(u)(3)” for “section 2012(u)(4)” in subpars. (C) and (E).

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), substituted “2023” for “2018” in introductory provisions.

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), substituted “2024” for “2019”, “subparagraph (D)(ix)” for “subparagraph (D)(iv)”, and “” for “”.

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), substituted “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 Secretary 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 , 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 this title.

Amendment by section 4201(a) 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.

Effective Date of 2002 Amendment

Pub. L. 107–171, title IV, § 4126(b), , 116 Stat. 328, provided that: “The amendments made by this section amending this section] take effect on .”

Credits

1996–2025 · 7 acts
  1. 1996Pub. L. 88–525, § 27, as added Pub. L. 104–193, title VIII, § 871(g), , 110 Stat. 2346
  2. 2002amended Pub. L. 107–171, title IV, § 4126(a), , 116 Stat. 328
  3. 2008Pub. L. 110–234, title IV, § 4201(a), , 122 Stat. 1120
  4. 2008Pub. L. 110–246, § 4(a), title IV, § 4201(a), , 122 Stat. 1664, 1882
  5. 2014Pub. L. 113–79, title IV, §§ 4027(a), 4030(m), , 128 Stat. 812, 814
  6. 2018Pub. L. 115–334, title IV, § 4018(e), , 132 Stat. 4650
  7. 2025Pub. L. 119–21, title I, § 10101(b)(3), , 139 Stat. 81.
Show as published

(Pub. L. 88–525, § 27, as added Pub. L. 104–193, title VIII, § 871(g), , 110 Stat. 2346; amended Pub. L. 107–171, title IV, § 4126(a), , 116 Stat. 328; Pub. L. 110–234, title IV, § 4201(a), , 122 Stat. 1120; Pub. L. 110–246, § 4(a), title IV, § 4201(a), , 122 Stat. 1664, 1882; Pub. L. 113–79, title IV, §§ 4027(a), 4030(m), , 128 Stat. 812, 814; Pub. L. 115–334, title IV, § 4018(e), , 132 Stat. 4650; Pub. L. 119–21, title I, § 10101(b)(3), , 139 Stat. 81.)

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USLM identifier /us/usc/t7/s2036