US Code

Public Law 119-73 (01/23/2026)

7 U.S.C. § 2036

Availability of commodities for emergency food assistance program

(a)

Purchase of commodities

(1)

In general

section 612c of this titlesection 7515 of this titleFrom 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 and distribute the commodities to States for distribution in accordance with .

(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)
section 2012(u)(3) of this title 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 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)
section 2012(u)(3) of this title 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 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.

Pub. L. 88–525, § 27Pub. L. 104–193, title VIII, § 871(g)110 Stat. 2346Pub. L. 107–171, title IV, § 4126(a)116 Stat. 328Pub. L. 110–234, title IV, § 4201(a)122 Stat. 1120Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–79, title IV128 Stat. 812Pub. L. 115–334, title IV, § 4018(e)132 Stat. 4650Pub. L. 119–21, title I, § 10101(b)(3)139 Stat. 81(, as added , , ; amended , , ; , , ; , title IV, § 4201(a), , , 1882; , §§ 4027(a), 4030(m), , , 814; , , ; , , .)

Editorial Notes

Codification

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Amendments

Pub. L. 119–212025—Subsec. (a)(2). substituted “section 2012(u)(3)” for “section 2012(u)(4)” in subpars. (C) and (E).

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

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

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

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

Pub. L. 113–79, § 4030(m)section 7515 of this title2014—Subsec. (a)(1). , made technical amendment to reference in original act which appears in text as reference to .

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

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

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

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

Pub. L. 110–246, § 4201(a)2008—Subsec. (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).

Pub. L. 107–1712002—Subsec. (a). 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

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under .

section 4201(a) of Pub. L. 110–246section 4407 of Pub. L. 110–246section 1161 of Title 2Amendment by effective , see , set out as a note under , The Congress.

Effective Date of 2002 Amendment

Pub. L. 107–171, title IV, § 4126(b)116 Stat. 328

“The amendments made by this section amending this section] take effect on .”
, , , provided that: