Title 7 — Agriculture
Chapter 102 — Emergency Food Assistance
§ 7512. Regulations
Statutory text
Issuance
The Secretary shall issue regulations within 30 days to implement this chapter.
Minimization of regulatory requirements
In administering this chapter, the Secretary shall minimize, to the maximum extent practicable, the regulatory, recordkeeping, and paperwork requirements imposed on eligible recipient agencies.
Publication in Federal Register
The Secretary shall as early as feasible but not later than the beginning of each fiscal year, publish in the Federal Register an estimate of the types and quantities of commodities that the Secretary anticipates are likely to be made available under the commodity distribution program under this chapter during the fiscal year.
The actual types and quantities of commodities made available by the Secretary under this chapter may differ from the estimates made under paragraph (1).
Standards of liability for commodity losses
The regulations issued by the Secretary under this section shall include provisions that set standards with respect to liability for commodity losses under the program under this chapter in situations in which there is no evidence of negligence or fraud, and conditions for payment to cover such losses. Such provisions shall take into consideration the special needs and circumstances of emergency feeding organizations 1
Final regulations
The Secretary is authorized to issue final regulations without first issuing proposed regulations for public comment in order to carry out the provisions of sections 7514 and 7515 of this title. If final regulations are issued without such prior public comment the Secretary shall permit public comment on such regulations, consider pertinent comments, and make modifications of such regulations as appropriate not later than 1 year after . Such final and modified regulations shall be accompanied by a statement of the basis and purpose for such regulations.
Footnotes
- 1 So in original.
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. 98–8 title II § 210 · 97 Stat. 13
Enacted · 7 U.S.C. § 7512
Pub. L. 98–8, title II, § 210, Mar. 24, 1983, 97 Stat. 36
Source evidence
Code source credit
Pub. L. 98–8, title II, § 210, Mar. 24, 1983, 97 Stat. 36Enacted provision · exact public law section
Sec. 210. The Secretary shall issue regulations within 30 days to 7 USC 612c note. implement this Act.Pub. L. 98–92 § 2(9) · 97 Stat. 608
Amended · 7 U.S.C. § 7512(d)
Pub. L. 98–92 designated existing provisions as subsec. (a)
Added · 7 U.S.C. § 7512(d)
Pub. L. 98–92 added subsecs. (b) and (c)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
1983–Pub. L. 98–92 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).Enacted provision · exact public law section
(9) in section 210— (A) inserting “(a)” after the section designation; and (B) adding, at the end thereof, new subsections (b) and (c) as follows: “(b) In administering this Act, the Secretary shall minimize, to Administration. the maximum extent practicable, the regulatory, recordkeeping, and paperwork requirements imposed on eligible recipient agencies. “(c) With respect to the commodity distribution program under Publication in Federal Register. this Act in effect during the fiscal years ending September 30, 1984, and September 30, 1985, the Secretary shall, not later than October 1, 1983, publish in the Federal Register an estimate of the types and quantities of commodities that the Secretary anticipates are likely to be made available during the first twelve months of the program; and, prior to the beginning of the fiscal year ending September 30, 1985, the Secretary shall publish in the Federal Register an estimate of the types and quantities of commodities that the Secretary antici-pates are likely to be made available during the second twelve months of the program under this Act: Provided, that the actual types and quantities of commodities made available by the Secretary under this Act may differ from the estimates.”; andFood Security Act of 1985
Pub. L. 99–198 § 1570(1) · 99 Stat. 1354
Substituted · 7 U.S.C. § 7512(c)
Pub. L. 99–198, § 1570(1), substituted “the period beginning October 1, 1983, and ending September 30, 1987” for “the fiscal years ending September 30, 1984, and September 30, 1985”
Substituted · 7 U.S.C. § 7512(c)
Pub. L. 99–198, § 1570(1), substituted “as early as feasible but not later than the beginning of the fiscal year ending September 30, 1987” for “prior to the beginning of the fiscal year ending September 30, 1985”
Substituted · 7 U.S.C. § 7512(c)
Pub. L. 99–198, § 1570(1), substituted “such fiscal year” for “second twelve months”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–198, § 1570(1), substituted “the period beginning October 1, 1983, and ending September 30, 1987” for “the fiscal years ending September 30, 1984, and September 30, 1985”, “as early as feasible but not later than the beginning of the fiscal year ending September 30, 1987” for “prior to the beginning of the fiscal year ending September 30, 1985”, and “such fiscal year” for “second twelve months”.Enacted provision · exact public law section
(1) in subsection (c)— (A) striking out “the fiscal years ending September 30, 1984, and September 30, 1985” and inserting in lieu thereof “the period beginning October 1, 1983, and ending September 30, 1987”; (B) striking out “prior to the beginning of the fiscal year ending September 30, 1985” and inserting in lieu thereof “as early as feasible but not later than the beginning of the fiscal year ending September 30, 1987”; and (C) striking out “second twelve months” and inserting in lieu thereof “such fiscal year”; andFood Security Act of 1985
Pub. L. 99–198 § 1570(2) · 99 Stat. 1354
Added · 7 U.S.C. § 7512(d)
Pub. L. 99–198, § 1570(2), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–198, § 1570(2), added subsec. (d).Enacted provision · exact public law section
(2) adding at the end thereof the following: “(d) The regulations issued by the Secretary under this section shall include provisions that set standards with respect to liability for commodity losses under the program under this title in situations in which there is no evidence of negligence or fraud, and conditions for payment to cover such losses. Such provisions shall take into consideration the special needs and circumstances of emergency feeding organizations”.Pub. L. 100–77 title VIII § 814(b) · 101 Stat. 482
Substituted · 7 U.S.C. § 7512(c)
Pub. L. 100–77 substituted provisions relating to period ending on date specified in former section 212 of Pub. L. 98–8 for provisions relating to period beginning October 1, 1983 and ending September 30, 1987
Substituted · 7 U.S.C. § 7512(c)
Pub. L. 100–77 substituted “fiscal year ending September 30, 1988” for “fiscal year ending September 30, 1987”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–77 substituted provisions relating to period ending on date specified in former section 212 of Pub. L. 98–8 for provisions relating to period beginning October 1, 1983 and ending September 30, 1987, and substituted “fiscal year ending September 30, 1988” for “fiscal year ending September 30, 1987”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 210(c) of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended— (1) by striking out “beginning October 1, 1983, and ending September 30, 1987” and inserting in lieu thereof “ending on the date specified in section 212”; and (2) by striking out “fiscal year ending September 30, 1987” and inserting in lieu thereof “fiscal year ending September 30, 1988”.Hunger Prevention Act of 1988
Pub. L. 100–435 § 103(d) · 102 Stat. 1645
Substituted · 7 U.S.C. § 7512(c)
Pub. L. 100–435, § 103(d), substituted “each of the fiscal years 1989 and 1990” for “the fiscal year ending September 30, 1988”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–435, § 103(d), substituted “each of the fiscal years 1989 and 1990” for “the fiscal year ending September 30, 1988”.Enacted provision · exact public law section
(d) Notice of Availability of Commodities.— Section 210(c) of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by striking out “the fiscal year ending September 30, 1988” and inserting “each of the fiscal years 1989 and 1990”.Hunger Prevention Act of 1988
Pub. L. 100–435 § 105(b) · 102 Stat. 1645
Added · 7 U.S.C. § 7512(e)
Pub. L. 100–435, § 105(b), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–435, § 105(b), added subsec. (e).Enacted provision · exact public law section
(b) Regulations.— Section 210 of the Temporary Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note) is amended by adding at the end thereof the following new subsection: “(e) The Secretary is authorized to issue final regulations without first issuing proposed regulations (except as otherwise provided for in section 214(j)) for public comment in order to carry out the provisions of sections 213 and 214. If final regulations are issued without such prior public comment the Secretary shall permit public comment on such regulations, consider pertinent comments, and make modifications of such regulations as appropriate not later than 1 year after the date of enactment of this subsection. Such final and modified regulations shall be accompanied by a statement of the basis and purpose for such regulations.”.Mickey Leland Memorial Domestic Hunger Relief Act
Pub. L. 101–624 title XVII § 1772(e) · 104 Stat. 3359
Added · 7 U.S.C. § 7512(c)
Pub. L. 101–624 added subsec. (c)
Struck · 7 U.S.C. § 7512(c)
Pub. L. 101–624 struck out former subsec. (c) which contained provisions similar to the current provisions for specific fiscal years
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–624 added subsec. (c) and struck out former subsec. (c) which contained provisions similar to the current provisions for specific fiscal years.Enacted provision · exact public law section
(e) Estimates of Types and Quantities of Available Commodities.— Section 210 of such Act (7 U.S.C. 612c note) by striking subsection (c) and inserting the following new subsection: “(c) (1) The Secretary shall as early as feasible but not later than Federal Register, publication. the beginning of each fiscal year, publish in the Federal Register an estimate of the types and quantities of commodities that the Secretary anticipates are likely to be made available under the commodity distribution program under this Act during the fiscal year. “(2) The actual types and quantities of commodities made available by the Secretary under this Act may differ from the estimates made under paragraph (1).”.Effective date note
Amendment by Pub. L. 101–624 effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated not later than Oct. 1, 1991, see section 1781(a) of Pub. L. 101–624, set out as a note under section 2012 of this title.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 title VIII § 871(e)(3) · 110 Stat. 2105
Struck · 7 U.S.C. § 7512(e)
Pub. L. 104–193 struck out “(except as otherwise provided for in section 7515(j) of this title)” before “for public comment” in first sentence
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–193 struck out “(except as otherwise provided for in section 7515(j) of this title)” before “for public comment” in first sentence.Enacted provision · exact public law section
(3) in the first sentence of section 210(e), by striking “(except as otherwise provided for in section 214(j))”; and
14 of 14 references resolved to an enrolled provision
Editorial Notes
Amendments1985–1996 · 5 rounds
1996
Subsec. (e). Pub. L. 104–193 struck out “(except as otherwise provided for in section 7515(j) of this title)” before “for public comment” in first sentence.
1990
Subsec. (c). Pub. L. 101–624 added subsec. (c) and struck out former subsec. (c) which contained provisions similar to the current provisions for specific fiscal years.
1988
Subsec. (c). Pub. L. 100–435, § 103(d), substituted “each of the fiscal years 1989 and 1990” for “the fiscal year ending ”.
Subsec. (e). Pub. L. 100–435, § 105(b), added subsec. (e).
1987
Subsec. (c). Pub. L. 100–77 substituted provisions relating to period ending on date specified in former section 212 of Pub. L. 98–8 for provisions relating to period beginning and ending , and substituted “fiscal year ending ” for “fiscal year ending ”.
1985
Subsec. (c). Pub. L. 99–198, § 1570(1), substituted “the period beginning , and ending ” for “the fiscal years ending , and ”, “as early as feasible but not later than the beginning of the fiscal year ending ” for “prior to the beginning of the fiscal year ending ”, and “such fiscal year” for “second twelve months”.
Subsec. (d). Pub. L. 99–198, § 1570(2), added subsec. (d).
1983–Pub. L. 98–92 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–624 effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated not later than , see section 1781(a) of Pub. L. 101–624, set out as a note under section 2012 of this title.
Effective Date of 1988 Amendment
Amendment by section 103(d) of Pub. L. 100–435 to be effective and implemented on , and amendment by section 105(b) of Pub. L. 100–435 to be effective and implemented on , see section 701(a), (b)(1) of Pub. L. 100–435, set out as a note under section 2012 of this title.
Effective Date of 1983 Amendment
Pub. L. 98–92, § 2, , 97 Stat. 608, provided in part that the amendment made by section 2 is effective .
Credits
1983–1996 · 7 acts
- 1983Pub. L. 98–8, title II, § 210, , 97 Stat. 36
- 1983Pub. L. 98–92, § 2(9), , 97 Stat. 611
- 1985Pub. L. 99–198, title XV, § 1570, , 99 Stat. 1594
- 1987Pub. L. 100–77, title VIII, § 814(b), , 101 Stat. 538
- 1988Pub. L. 100–435, title I, §§ 103(d), 105(b), , 102 Stat. 1648, 1651
- 1990Pub. L. 101–624, title XVII, § 1772(e), , 104 Stat. 3809
- 1996Pub. L. 104–193, title VIII, § 871(e)(3), , 110 Stat. 2345.
Show as published
(Pub. L. 98–8, title II, § 210, , 97 Stat. 36; Pub. L. 98–92, § 2(9), , 97 Stat. 611; Pub. L. 99–198, title XV, § 1570, , 99 Stat. 1594; Pub. L. 100–77, title VIII, § 814(b), , 101 Stat. 538; Pub. L. 100–435, title I, §§ 103(d), 105(b), , 102 Stat. 1648, 1651; Pub. L. 101–624, title XVII, § 1772(e), , 104 Stat. 3809; Pub. L. 104–193, title VIII, § 871(e)(3), , 110 Stat. 2345.)