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Title 7 — Agriculture

Chapter 102 — Emergency Food Assistance

§ 7512. Regulations

Statutory text

(a)

Issuance

The Secretary shall issue regulations within 30 days to implement this chapter.

(b)

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.

(c)

Publication in Federal Register

(1)

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.

(2)

The actual types and quantities of commodities made available by the Secretary under this chapter may differ from the estimates made under paragraph (1).

(d)

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

(e)

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. 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.

  1. 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. 36

    Enacted provision · exact public law section
    Sec. 210. The Secretary shall issue regulations within 30 days to 7 USC 612c note. implement this Act.

  2. Pub. L. 98–92 § 2(9) · 97 Stat. 608

    1. Amended · 7 U.S.C. § 7512(d)

      Pub. L. 98–92 designated existing provisions as subsec. (a)

    2. 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.”; and

  3. Food Security Act of 1985

    Pub. L. 99–198 § 1570(1) · 99 Stat. 1354

    1. 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”

    2. 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”

    3. 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”; and

  4. Food 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”.

  5. Pub. L. 100–77 title VIII § 814(b) · 101 Stat. 482

    1. 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

    2. 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”.

  6. 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”.

  7. 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.”.

  8. Mickey Leland Memorial Domestic Hunger Relief Act

    Pub. L. 101–624 title XVII § 1772(e) · 104 Stat. 3359

    1. Added · 7 U.S.C. § 7512(c)

      Pub. L. 101–624 added subsec. (c)

    2. 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.

  9. 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
  1. 1983Pub. L. 98–8, title II, § 210, , 97 Stat. 36
  2. 1983Pub. L. 98–92, § 2(9), , 97 Stat. 611
  3. 1985Pub. L. 99–198, title XV, § 1570, , 99 Stat. 1594
  4. 1987Pub. L. 100–77, title VIII, § 814(b), , 101 Stat. 538
  5. 1988Pub. L. 100–435, title I, §§ 103(d), 105(b), , 102 Stat. 1648, 1651
  6. 1990Pub. L. 101–624, title XVII, § 1772(e), , 104 Stat. 3809
  7. 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.)

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