7 U.S.C. § 1431 — Disposition of commodities to prevent

Page 721 TITLE 7—AGRICULTURE § 1431 vision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title. INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title. § 1429. Determinations of Secretary as final and conclusive Determinations made by the Secretary under this Act shall be final and conclusive: Provided, That the scope and nature of such determina- tions shall not be inconsistent with the provi- sions of the Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.]. (Oct. 31, 1949, ch. 792, title IV, § 412, 63 Stat. 1057.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. The Commodity Credit Corporation Charter Act, re- ferred to in text, is act June 29, 1948, ch. 704, 62 Stat. 1070, as amended, which is classified generally to sub- chapter II (§ 714 et seq.) of chapter 15 of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 714 of Title 15 and Tables. § 1430. Retroactive effect This Act shall not be effective with respect to price support operations for any agricultural commodity for any marketing year or season commencing prior to January 1, 1950, except to the extent that the Secretary of Agriculture shall, without reducing price support thereto- fore undertaken or announced, elect to apply the provisions of this Act. (Oct. 31, 1949, ch. 792, title IV, § 413, 63 Stat. 1057.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chapter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables. Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SECTION Section inapplicable to 2014 through 2018 crops of cov- ered commodities, cotton, and sugar and inapplicable to milk during period beginning Feb. 7, 2014, through Dec. 31, 2018, see section 9092(b)(10) of this title. Section inapplicable to 2008 through 2012 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning June 18, 2008, through Dec. 31, 2012, see section 8782(b)(10) of this title. Section inapplicable to 2002 through 2007 crops of cov- ered commodities, peanuts, and sugar and inapplicable to milk during period beginning May 13, 2002, through Dec. 31, 2007, see section 7992(b)(10) of this title. Section inapplicable to 1996 through 2002 crops of loan commodities, peanuts, and sugar and inapplicable to milk during period beginning Apr. 4, 1996, and ending Dec. 31, 2002, see section 7301(b)(1)(J) of this title. § 1431. Disposition of commodities to prevent waste (a) Eligible recipients; barter; estimates; reproc- essing and other charges In order to prevent the waste of commodities whether in private stocks or acquired through price-support operations by the Commodity Credit Corporation before they can be disposed of in normal domestic channels without impair- ment of the price-support program or sold abroad at competitive world prices, the Com- modity Credit Corporation is authorized, on such terms and under such regulations as the Secretary of Agriculture may deem in the public interest: (1) upon application, to make such commodities available to any Federal agency for use in making payment for commodities not produced in the United States; (2) to barter or exchange such commodities for strategic or other materials as authorized by law; (3) in the case of food commodities to donate such com- modities to the Bureau of Indian Affairs and to such State, Federal, or private agency or agen- cies as may be designated by the proper State or Federal authority and approved by the Sec- retary, for use in the United States in nonprofit school-lunch programs, in nonprofit summer camps for children, in the assistance of needy persons, and in charitable institutions, includ- ing hospitals and facilities, to the extent that they serve needy persons (including infants and children). In the case of clause (3) the Secretary shall obtain such assurance as he deems nec- essary that the recipients thereof will not di- minish their normal expenditures for food by reason of such donation. In order to facilitate the appropriate disposal of such commodities, the Secretary may from time to time estimate and announce the quantity of such commodities which he anticipates will become available for distribution under clause (3). The Commodity Credit Corporation may pay, with respect to commodities disposed of under this subsection, reprocessing, packaging, transporting, handling, and other charges accruing up to the time of their delivery to a Federal agency, or to the des- ignated State or private agency. In addition, in the case of food commodities disposed of under this subsection, the Commodity Credit Corpora- tion may pay the cost of processing such com- modities into a form suitable for home or insti- tutional use, such processing to be accomplished through private trade facilities to the greatest extent possible. For the purpose of this sub- section the terms ‘‘State’’ and ‘‘United States’’ include the District of Columbia and any Terri- tory or possession of the United States. Dairy Page 722 TITLE 7—AGRICULTURE § 1431 products acquired by the Commodity Credit Cor- poration through price support operations may, insofar as they can be used in the United States in nonprofit school lunch and other nonprofit child feeding programs, in the assistance of needy persons, and in charitable institutions, in- cluding hospitals, to the extent that needy per- sons are served, be donated for any such use prior to any other use or disposition. Notwith- standing any other provision of law, such dairy products may be donated for distribution to needy households in the United States and to meet the needs of persons receiving nutrition as- sistance under the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.]. (b) Furnishing of eligible commodities for car- rying out programs of assistance in devel- oping and friendly countries; availability of eligible commodities for nonprofit and vol- untary agencies and cooperatives (1) The Secretary, subject to the requirements of paragraph (10), may furnish eligible commod- ities for carrying out programs of assistance in developing countries and friendly countries under titles II and III of the Food for Peace Act [7 U.S.C. 1721 et seq., 1727 et seq.] and under the Food for Progress Act of 1985 [7 U.S.C. 1736o], as approved by the Secretary, and for such pur- poses as are approved by the Secretary. To en- sure that the furnishing of commodities under this subsection is coordinated with and com- plements other United States foreign assistance, assistance under this subsection shall be coordi- nated through the mechanism designated by the President to coordinate assistance under the Food for Peace Act [7 U.S.C. 1691 et seq.]. (2) As used in this subsection, the term ‘‘eligi- ble commodities’’ means— (A) dairy products, wheat, rice, feed grains, and oilseeds acquired by the Commodity Cred- it Corporation through price support oper- ations, and the products thereof, that the Sec- retary determines meet the criteria specified in subsection (a); and (B) such other edible agricultural commod- ities as may be acquired by the Secretary or the Commodity Credit Corporation in the nor- mal course of operations and that are avail- able for disposition under this subsection, ex- cept that no such commodities may be ac- quired for the purpose of their use under this subsection. (3)(A) Commodities may not be made available for disposition under this subsection in amounts that (i) will, in any way, reduce the amounts of commodities that traditionally are made avail- able through donations to domestic feeding pro- grams or agencies, or (ii) will prevent the Sec- retary from fulfilling any agreement entered into by the Secretary under a payment-in-kind program under this Act or other Acts adminis- tered by the Secretary. (B)(i) The requirements of section 403(a) of the Food for Peace Act [7 U.S.C. 1733(a)] shall apply with respect to commodities furnished under this subsection. Commodities may not be fur- nished for disposition to any country under this subsection except on determinations by the Sec- retary that— (I) the receiving country has the absorptive capacity to use the commodities efficiently and effectively; and (II) such disposition of the commodities will not interfere with usual marketings of the United States, nor disrupt world prices of agri- cultural commodities and normal patterns of commercial trade with developing countries. (ii) The requirement for safeguarding usual marketings of the United States shall not be used to prevent the furnishing under this sub- section of any eligible commodity for use in countries that— (I) have not traditionally purchased the commodity from the United States; or (II) do not have adequate financial resources to acquire the commodity from the United States through commercial sources or through concessional sales arrangements. (C) The Secretary shall take reasonable pre- cautions to ensure that— (i) commodities furnished under this sub- section will not displace or interfere with sales that otherwise might be made; and (ii) sales or barter under paragraph (7) will not unduly disrupt world prices of agricultural commodities nor normal patterns of commer- cial trade with friendly countries. (D) If eligible commodities are made available under this subsection to a friendly country, non- profit and voluntary agencies and cooperatives shall also be eligible to receive commodities for food aid programs in the country. (4) Agreements may be entered into under this subsection to provide eligible commodities in in- stallments over an extended period of time. In agreements with recipients of eligible commod- ities under this subsection (including nonprofit and voluntary agencies or cooperatives), subject to the availability of commodities each fiscal year, the Secretary, on request, shall approve multiyear agreements to make agricultural commodities available for distribution or sale by the recipients if the agreements otherwise meet the requirements of this subsection. (5)(A) Section 406 of the Food for Peace Act [7 U.S.C. 1736] shall apply to the commodities fur- nished under this subsection. (B) The Commodity Credit Corporation may pay the processing and domestic handling costs incurred, as authorized under this subsection, in the form of eligible commodities, as defined in paragraph (2)(A), if the Secretary determines that such in-kind payment will not disrupt do- mestic markets. (6) The cost of commodities furnished under this subsection, and expenses incurred under section 406 of the Food for Peace Act [7 U.S.C. 1736] in connection with those commodities, shall be in addition to the level of assistance programmed under that Act [7 U.S.C. 1691 et seq.] and shall not be considered expenditures for international affairs and finance. (7) Eligible commodities furnished under this subsection may be sold or bartered only with the approval of the Secretary and solely as follows: (A) Sales and barter that are incidental to the donation of the commodities or products. (B) Sales and barter to finance the distribu- tion, handling, and processing costs of the do- Page 723 TITLE 7—AGRICULTURE § 1431 1 See References in Text note below. nated commodities or products in the import- ing country or in a country through which such commodities or products must be trans- shipped, or other activities in the importing country that are consistent with providing food assistance to needy people. (C) Sales and barter of commodities and products furnished to intergovernmental agen- cies or organizations, insofar as they are con- sistent with normal programming procedures in the distribution of commodities by those agencies or organizations. (D)(i) Sales of commodities and products fur- nished to nonprofit and voluntary agencies, or cooperatives, for food assistance under agree- ments that provide for the use, by the agency or cooperative, of proceeds generated from such sale of commodities or products for the purposes established in clause (ii) of this sub- paragraph. (ii) Proceeds generated from partial or full sales or barter of commodities by a nonprofit and voluntary agency or cooperative shall be used— (I) to transport, store, distribute, and oth- erwise enhance the effectiveness of the use of commodities and the products thereof do- nated under this section; and (II) to implement income generating, com- munity development, health, nutrition, co- operative development, agricultural pro- grams, and other developmental activities. In addition, proceeds generated in Poland may also be used by governmental and nongovern- mental agencies or cooperatives for eligible activities approved by the joint commission established pursuant to section 2226 of the American Aid to Poland Act of 1988 and by the United States chief of diplomatic mission in Poland that would improve the quality of life of the Polish people and would strengthen and support the activities of governmental or pri- vate, nongovernmental independent institu- tions in Poland. Activities eligible under the preceding sentence include— (I) any project undertaken in Poland under the auspices of the Charitable Commission of the Polish Catholic Episcopate for the benefit of handicapped or orphaned children; (II) any project for the reconstruction, renovation, or maintenance of the Research Center on Jewish History and Culture of the Jagiellonian University of Krakow, Poland, established for the study of events related to the Holocaust in Poland; (III) any other project or activity which strengthens and supports private and inde- pendent sectors of the Polish economy, espe- cially independent farming and agriculture; and (IV) the Polish Catholic Episcopate’s Rural Water Supply Foundation. (iii) Except as otherwise provided in clause (v), such agreements, taken together for each fiscal year, shall provide for sales of commod- ities and products for proceeds in amounts that are, in the aggregate, not less than 10 per- cent of the aggregate value of all commodities and products furnished, or the minimum ton- nage required, whichever is greater, for car- rying out programs of assistance under this subsection in such fiscal year. The minimum allocation requirements of this clause apply with respect to commodities and products made available under this subsection for car- rying out programs of assistance under titles II and III of the Food for Peace Act [7 U.S.C. 1721 et seq., 1727 et seq.], and not with respect to commodities and products made available to carry out the Food for Progress Act of 1985 [7 U.S.C. 1736o]. (iv) Proceeds generated from the sale of commodities or products under this subpara- graph shall be expended within the country of origin within a reasonable length of time, as determined by the Secretary, except that the Secretary may permit the use of proceeds in a country other than the country of origin as necessary to expedite the transportation of commodities and products furnished under this subsection, or to otherwise carry out the purposes of this subsection. (v) The provisions of clause (iii) of this sub- paragraph establishing minimum annual allo- cations for sales and use of proceeds shall not apply to the extent that there have not been sufficient requests for such sales and use of proceeds nor to the extent required under paragraph (3). (E) Sales and barter to cover expenses in- curred under paragraph (5)(a). (F) The provisions of sections 403(i) and 407(c) 1 of the Food for Peace Act [7 U.S.C. 1733(i), 1736a(c)] shall apply to donations, sales and barters of eligible commodities under this subsection. The Secretary may approve the use of proceeds or services realized from the sale or barter of a commodity furnished under this subsection by a nonprofit voluntary agency, cooperative, or intergovernmental agency or organization to meet administrative expenses incurred in con- nection with activities undertaken under this subsection. (8) ADMINISTRATIVE PROVISIONS.— (A) EXPEDITED PROCEDURES.—To the max- imum extent practicable, expedited procedures shall be used in the implementation of this subsection. (B) ESTIMATE OF COMMODITIES.—The Sec- retary shall publish in the Federal Register, not later than October 31 of each fiscal year, an estimate of the types and quantities of commodities and products that will be avail- able under this section for the fiscal year. (C) FINALIZATION OF AGREEMENTS.—The Sec- retary is encouraged to finalize program agreements under this section not later than December 31 of each fiscal year. (D) REGULATIONS.—The Secretary shall be responsible for regulations governing sales and barter, and the use of foreign currency pro- ceeds, under paragraph (7) of this subsection that will provide reasonable safeguards to pre- vent the occurrence of abuses in the conduct of activities provided for in paragraph (7). (9)(A) Each recipient of commodities and prod- ucts approved for sale or barter under paragraph Page 724 TITLE 7—AGRICULTURE § 1431 (7) shall report to the Secretary information with respect to the items required to be included in the Secretary’s report pursuant to clauses (i) through (iv) of subparagraph (B). Reports pursu- ant to this subparagraph shall be submitted in accordance with regulations of the Secretary. Such regulations shall require at least one re- port annually, to be submitted not later than December 31 following the end of the fiscal year in which the commodities and products are re- ceived; except that a report shall not be required with respect to fiscal year 1985. (B) Omitted. (10) SALE PROCEDURE.—In approving sales of commodities under this subsection, the Sec- retary shall follow the sale procedure described in section 403(l) of the Food for Peace Act [7 U.S.C. 1733(l)]. (11) REQUIREMENTS.— (A) IN GENERAL.—Not later than 270 days after May 13, 2002, the Secretary shall review and, as necessary, make changes in regula- tions and internal procedures designed to streamline, improve, and clarify the applica- tion, approval, and implementation processes pertaining to agreements under this section. (B) CONSIDERATIONS.—In conducting the re- view, the Secretary shall consider— (i) revising procedures for submitting pro- posals; (ii) developing criteria for program ap- proval that separately address the objectives of the program; (iii) pre-screening organizations and pro- posals to ensure that the minimum quali- fications are met; (iv) implementing e-government initia- tives and otherwise improving the efficiency of the proposal submission and approval processes; (v) upgrading information management systems; (vi) improving commodity and transpor- tation procurement processes; and (vii) ensuring that evaluation and moni- toring methods are sufficient. (C) CONSULTATIONS.—Not later than 1 year after May 13, 2002, the Secretary shall consult with the Committee on Agriculture, and the Committee on International Relations, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on changes made in regulations and procedures under this paragraph. (Oct. 31, 1949, ch. 792, title IV, § 416, 63 Stat. 1058; July 10, 1954, ch. 469, title III, § 309, formerly § 302, 68 Stat. 458, renumbered § 309, Pub. L. 95–88, title II, § 211(a)(1), Aug. 3, 1977, 91 Stat. 548; amended May 28, 1956, ch. 327, title II, § 212, 70 Stat. 203; Pub. L. 85–483, § 1, July 2, 1958, 72 Stat. 286; Aug. 26, 1954, ch. 937, title IV, § 402, 68 Stat. 843, as amended Pub. L. 86–108, ch. II, § 205(c), July 24, 1959, 73 Stat. 250; Pub. L. 87–703, title II, § 202, Sept. 27, 1962, 76 Stat. 611; Pub. L. 88–638, § 4, Oct. 8, 1964, 78 Stat. 1038; Pub. L. 89–808, § 3(c), Nov. 11, 1966, 80 Stat. 1538; Pub. L. 91–233, Apr. 17, 1970, 84 Stat. 199; Pub. L. 92–603, title IV, § 411(g), Oct. 30, 1972, 86 Stat. 1492; Pub. L. 95–113, title XIII, § 1302(a)(2), Sept. 29, 1977, 91 Stat. 979; Pub. L. 97–253, title I, § 110, Sept. 8, 1982, 96 Stat. 766; Pub. L. 98–258, title V, § 502, Apr. 10, 1984, 98 Stat. 137; Pub. L. 99–83, title X, § 1007, Aug. 8, 1985, 99 Stat. 271; Pub. L. 99–198, title XI, §§ 1109, 1129, Dec. 23, 1985, 99 Stat. 1467, 1486; Pub. L. 99–260, § 16, Mar. 20, 1986, 100 Stat. 55; Pub. L. 100–203, title I, § 1503, Dec. 22, 1987, 101 Stat. 1330–28; Pub. L. 100–277, §§ 1–5, Apr. 4, 1988, 102 Stat. 67, 68; Pub. L. 100–418, title II, § 2225, Aug. 23, 1988, 102 Stat. 1337; Pub. L. 101–513, title V, § 562 (part), Nov. 5, 1990, 104 Stat. 2032; Pub. L. 101–624, title XV, §§ 1514, 1575, title XVII, § 1771(b)(2), Nov. 28, 1990, 104 Stat. 3662, 3702, 3807; Pub. L. 102–237, title III, § 333, Dec. 13, 1991, 105 Stat. 1859; Pub. L. 102–289, § 1, May 20, 1992, 106 Stat. 176; Pub. L. 103–306, title V, § 576(c), Aug. 23, 1994, 108 Stat. 1654; Pub. L. 104–127, title II, § 264, Apr. 4, 1996, 110 Stat. 974; Pub. L. 107–171, title III, §§ 3009(b)(1), 3201, May 13, 2002, 116 Stat. 283, 299; Pub. L. 107–206, title I, § 105, Aug. 2, 2002, 116 Stat. 824; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(B), June 18, 2008, 122 Stat. 1820.) Editorial Notes REFERENCES IN TEXT The Older Americans Act of 1965, referred to in sub- sec. (a), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Tables. The Food for Peace Act, referred to in subsec. (b)(1), (6), (7)(D)(iii), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to chapter 41 (§ 1691 et seq.) of this title. Titles II and III of the Act are classified generally to subchapters III (§ 1721 et seq.) and III–A (§ 1727 et seq.), respectively, of chapter 41 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of this title and Tables. The Food for Progress Act of 1985, referred to in sub- sec. (b)(1), (7)(D)(iii), is Pub. L. 99–198, title XI, § 1110, Dec. 23, 1985, 99 Stat. 1472, which is classified to section 1736o of this title. This Act, referred to in subsec. (b)(3)(A), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, known as the Agricultural Act of 1949, which is classified principally to this chap- ter (§ 1421 et seq.). For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1421 of this title and Tables. Section 2226 of the American Aid to Poland Act of 1988, referred to in subsec. (b)(7)(D)(ii), is section 2226 of Pub. L. 100–418, which is set out as a note below. Section 407(c) of the Food for Peace Act [7 U.S.C. 1736a(c)], referred to in subsec. (b)(7)(F), was redesig- nated section 407(b) of that Act [7 U.S.C. 1736a(b)] by Pub. L. 104–66, title I, § 1011(e)(2), Dec. 21, 1995, 109 Stat. 709. CODIFICATION Subsection (b)(9)(B), which required the Secretary to submit an annual report to Congress on sales and bar- ter, and use of foreign currency proceeds, under sub- section (b)(7) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 46 of House Doc- ument No. 103–7. AMENDMENTS 2008—Subsec. (b). Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assistance Act of 1954’’ wherever appearing. 2002—Subsec. (b)(7)(D)(i). Pub. L. 107–171, § 3201(a)(1), struck out ‘‘foreign currency’’ before ‘‘proceeds gen- erated from such sale’’. Page 725 TITLE 7—AGRICULTURE § 1431 Subsec. (b)(7)(D)(ii). Pub. L. 107–171, § 3201(a)(2), sub- stituted ‘‘Proceeds’’ for ‘‘Foreign currencies’’ in intro- ductory provisions and struck out ‘‘foreign currency’’ before ‘‘proceeds generated in Poland’’ in concluding provisions. Subsec. (b)(7)(D)(iii). Pub. L. 107–171, § 3201(a)(1), struck out ‘‘foreign currency’’ before ‘‘proceeds in amounts’’. Subsec. (b)(7)(D)(iv). Pub. L. 107–206 substituted ‘‘sub- section, or to otherwise carry out the purposes of this subsection.’’ for ‘‘subsection.’’ Pub. L. 107–171, § 3201(a)(3), substituted ‘‘Proceeds generated’’ for ‘‘Foreign currency proceeds generated’’, ‘‘country of origin as necessary to expedite’’ for ‘‘coun- try of origin— ‘‘(I) as necessary to expedite’’, and a period for ‘‘; or’’ after ‘‘this subsection’’, and struck out subcl. (II) which read as follows: ‘‘if the pro- ceeds are generated in a currency generally accepted in the other country.’’ Subsec. (b)(8). Pub. L. 107–171, § 3201(b)(1), inserted heading, added subpars. (A) to (C), redesignated former subpar. (B) as (D) and inserted heading, and struck out former subpar. (A) which read as follows: ‘‘To the max- imum extent practicable, expedited procedures shall be used in the implementation of this subsection.’’ Subsec. (b)(10). Pub. L. 107–171, § 3009(b)(1), added par. (10). Subsec. (b)(11). Pub. L. 107–171, § 3201(b)(2), added par. (11). 1996—Subsec. (b)(7). Pub. L. 104–127, § 264(1)(A)(ii), in- serted concluding provisions and struck out former concluding provisions which read as follows: ‘‘No por- tion of the proceeds or services realized from sales or barter under this paragraph may be used to meet oper- ating and overhead expenses, except as otherwise pro- vided in subparagraph (C) and except for personnel and administrative costs incurred by local cooperatives.’’ Subsec. (b)(7)(D)(iv). Pub. L. 104–127, § 264(1)(A)(i), sub- stituted ‘‘a reasonable length of time, as determined by the Secretary, except that the Secretary may permit the use of proceeds in a country other than the country of origin—’’ and subcls. (I) and (II) for ‘‘one year of ac- quisition of such currency, except that the Secretary may permit the use of such proceeds (I) in countries other than the country of origin as necessary to expe- dite the transportation of commodities and products furnished under this subsection, (II) after one year of acquisition as appropriate to achieve the purposes of clause (i), and (III) in a country other than the country of origin, if such proceeds are generated in a currency generally accepted in such other country.’’ Subsec. (b)(8)(C). Pub. L. 104–127, § 264(1)(B), struck out subpar. (C), which related to proposals by nonprofit and voluntary agencies or cooperatives to make eligi- ble commodities available, notice and comment on issuance of final guidelines, and transmission of orders to Commodity Credit Corporation. Subsec. (b)(10) to (12). Pub. L. 104–127, § 264(1)(C), struck out pars. (10) to (12) which, in par. (10), author- ized Secretary to make available for disposition in each of fiscal years 1986 through 1990 not less than specified minimum quantities of eligible commodities, in par. (11), authorized Secretary to furnish eligible commod- ities in connection with concessional sales agreements entered into under title I of the Agricultural Trade De- velopment and Assistance Act of 1954 or other statutes, or agricultural export bonus or promotion programs carried out under the Commodity Credit Corporation Charter Act or other statutes, and, in par. (12), author- ized funding for fiscal year 1988 for technical assistance for sale or barter of commodities under paragraph (7) to strengthen nonprofit private organizations and co- operatives in the Philippines. Subsec. (c). Pub. L. 104–127, § 264(2), struck out subsec. (c), which established 2 year pilot program relating to barter or exchange of dairy products for ultra-high temperature processed fluid milk, and required reports to Congress. 1994—Subsec. (b)(7)(D)(ii)(IV). Pub. L. 103–306 added subcl. (IV). 1992—Subsec. (b)(7)(D)(iv). Pub. L. 102–289 substituted ‘‘(II)’’ for ‘‘and (II)’’ and inserted before period at end ‘‘, and (III) in a country other than the country of ori- gin, if such proceeds are generated in a currency gen- erally accepted in such other country’’. 1991—Subsec. (b)(7)(F). Pub. L. 102–237 made technical amendment to directory language of Pub. L. 101–624, § 1514(5)(B). See 1990 Amendment note below. 1990—Subsec. (a)(3). Pub. L. 101–624, § 1771(b)(2), sub- stituted ‘‘hospitals and facilities, to the extent that they serve needy persons (including infants and chil- dren)’’ for ‘‘hospitals, to the extent that needy persons are served’’. Subsec. (b)(1). Pub. L. 101–624, § 1514(1), inserted ref- erence to title III of Agricultural Trade Development and Assistance Act of 1954. Subsec. (b)(3)(B)(i). Pub. L. 101–624, § 1514(2), sub- stituted reference to section 403(a) of Agricultural Trade Development and Assistance Act of 1954 for ref- erence to section 401(b) of such Act. Subsec. (b)(5)(A). Pub. L. 101–624, § 1514(3), substituted reference to section 406 of Agricultural Trade Develop- ment and Assistance Act of 1954 for reference to section 203 of such Act. Subsec. (b)(6). Pub. L. 101–624, § 1514(4), substituted reference to section 406 of Agricultural Trade Develop- ment and Assistance Act of 1954 for reference to section 203 of such Act. Subsec. (b)(7)(D)(ii). Pub. L. 101–513 substituted ‘‘gov- ernmental and nongovernmental’’ for ‘‘such’’ and in- serted ‘‘governmental or’’ after ‘‘activities of’’. Subsec. (b)(7)(D)(iii). Pub. L. 101–624, § 1514(5)(A), in- serted reference to title III of Agricultural Trade De- velopment and Assistance Act of 1954. Subsec. (b)(7)(F). Pub. L. 101–624, § 1514(5)(B), as amended by Pub. L. 102–237, added subpar. (F). Subsec. (d). Pub. L. 101–624, § 1575, struck out subsec. (d) which established pilot program for barter of agri- cultural commodities for strategic materials not pro- duced in sufficient amounts domestically and for which national stockpile or reserve goals are unmet. 1988—Subsec. (b)(2)(A). Pub. L. 100–277, § 1(a), sub- stituted ‘‘wheat, rice, feed grains’’ for ‘‘grains’’ and in- serted ‘‘, and the products thereof,’’ after ‘‘price sup- port operations’’. Subsec. (b)(3)(D). Pub. L. 100–277, § 2, added subpar. (D). Subsec. (b)(4). Pub. L. 100–277, § 3, inserted at end ‘‘In agreements with recipients of eligible commodities under this subsection (including nonprofit and vol- untary agencies or cooperatives), subject to the avail- ability of commodities each fiscal year, the Secretary, on request, shall approve multiyear agreements to make agricultural commodities available for distribu- tion or sale by the recipients if the agreements other- wise meet the requirements of this subsection.’’ Subsec. (b)(7). Pub. L. 100–277, § 1(b)(2), in introduc- tory provisions struck out ‘‘, and products thereof,’’ after ‘‘commodities’’. Subsec. (b)(7)(D)(ii). Pub. L. 100–418 inserted provi- sions respecting use of foreign currency proceeds gen- erated in Poland and describing activities eligible for such funds. Pub. L. 100–277, § 4(a), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘Foreign cur- rency proceeds generated from the sales of commod- ities and products under this subparagraph shall be used by nonprofit and voluntary agencies, or coopera- tives, for activities carried out by the agency or coop- erative that will enhance the effectiveness of transpor- tation, distribution, and use of commodities and prod- ucts donated under this subsection, including food for work programs and cooperative and agricultural projects.’’ Subsec. (b)(7)(D)(iii). Pub. L. 100–277, § 4(b), sub- stituted ‘‘10 percent’’ for ‘‘5 percent’’ and inserted ‘‘, or the minimum tonnage required, whichever is greater,’’ after ‘‘furnished’’. Subsec. (b)(8)(C). Pub. L. 100–277, § 5, added subpar. (C). Page 726 TITLE 7—AGRICULTURE § 1431 Subsec. (b)(10)(B)(i). Pub. L. 100–277, § 1(b)(1), sub- stituted ‘‘wheat, rice, feed grains,’’ for ‘‘grains’’ in two places. 1987—Subsec. (b)(12). Pub. L. 100–203 added par. (12). 1986—Subsec. (b)(10)(B). Pub. L. 99–260 inserted ‘‘or, in the case of fiscal year 1986, prior to March 31, 1986’’ in two places. 1985—Subsec. (a). Pub. L. 99–198, § 1109(1), struck out provisions that such dairy products could also be do- nated through foreign governments and public and non- profit private humanitarian organizations for assist- ance of needy persons outside the United States, that Commodity Credit Corporation could pay, with respect to commodities so donated, reprocessing, packaging, transporting, handling, and other charges, including cost of overseas delivery, and that in order to assure that any such donations for use outside the United States were coordinated with and would complement other United States foreign assistance, such donations had to be coordinated through mechanism designated by President to coordinate assistance under the Agri- cultural Trade Development and Assistance Act of 1954 and were to be in addition to level of assistance pro- grammed under that Act. Subsec. (b). Pub. L. 99–198, § 1109(2), in amending sub- sec. (b) generally, substituted provisions relating to furnishing of eligible commodities for purpose of car- rying out programs of assistance in developing and friendly countries under title II of the Agricultural Trade Development and Assistance Act of 1954 and sec- tion 1736o of this title for provisions relating to fur- nishing of dairy products, rice and wheat (which had been acquired by Commodity Credit Corporation through price support operations) for purpose of car- rying out title II of that Act. Pub. L. 99–83 added applicability to rice acquired by the Commodity Credit Corporation through price sup- port operations. Subsec. (d). Pub. L. 99–198, § 1129, added subsec. (d). 1984—Pub. L. 98–258 designated existing provisions as subsec. (a), substituted ‘‘subsection’’ for ‘‘section’’ wherever appearing, and added subsecs. (b) and (c). 1982—Pub. L. 97–253 inserted provision that notwith- standing any other provision of law, dairy products may be donated for distribution to needy households in the United States and to meet the needs of persons re- ceiving nutrition assistance under the Older Americans Act of 1965, and that such dairy products may also be donated through foreign governments and public and nonprofit private humanitarian organizations for the assistance of needy persons outside the United States, and the Commodity Credit Corporation may pay, with respect to commodities so donated, reprocessing, pack- aging, transporting, handling, and other charges, in- cluding the cost of overseas delivery, and that in order to assure that any such donations for use outside the United States are coordinated with and complement other United States foreign assistance, such donations shall be coordinated through the mechanism des- ignated by the President to coordinate assistance under the Agricultural Trade Development and Assistance Act of 1954 and shall be in addition to the level of as- sistance programmed under that Act. 1977—Pub. L. 95–113 struck out provision that no per- son who is eligible (or upon application would be eligi- ble) to receive supplemental security income under title XVI of the Social Security Act shall be eligible, with certain exceptions, to participate in any program conducted under this section. 1972—Pub. L. 92–603 inserted provision that persons eligible to receive supplemental security income under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] shall not be eligible to participate in programs conducted under this section, with certain exceptions. 1970—Pub. L. 91–233 changed priorities for sales over donations in the disposition of food commodities ac- quired under support programs insofar as dairy prod- ucts, so acquired, are concerned by giving preference to the use of such products in nonprofit school lunch and similar feeding programs. 1966—Pub. L. 89–808 struck out provisions of cl. (4) for donations of excess food commodities to nonprofit vol- untary agencies registered with the Committee on Vol- untary Foreign Aid of the Foreign Operations Adminis- tration or other appropriate Federal agencies and intergovernmental organizations for use in assistance of needy persons and in nonprofit lunch programs out- side the United States provisions for payment of charges in case of commodities made available for use within the United States, or their delivery free along- side ship or free on board export carrier at point of ex- port, in the case of commodities made available for use outside the United States, and that assistance to needy persons provided in such cl. (4) be directed toward com- munity and other self-help activities designed to allevi- ate the causes for the need for such assistance. See sec- tion 1721 et seq. of this title. 1964—Pub. L. 88–638 directed that assistance to needy persons, insofar as practicable, be directed toward com- munity and other self-help activities designed to allevi- ate the causes of the need. 1962—Pub. L. 87–703 inserted ‘‘and in nonprofit school lunch programs’’ after ‘‘needy persons’’ in cl. (4). 1959—Pub. L. 86–108 substituted ‘‘waste of commod- ities whether in private stocks or acquired through price-support operations’’ for ‘‘waste of commodities acquired through price-support operations’’. 1958—Pub. L. 85–483 permitted donation of food com- modities for use in nonprofit summer camps for chil- dren. 1956—Act May 28, 1956, authorized payment of cost of processing commodities into a form suitable for home or institutional use. 1954—Act July 10, 1954, amended section generally to eliminate its applicability only to ‘‘food’’ commodities; to eliminate the necessity for a finding that commod- ities are in danger of a loss through ‘‘deterioration or spoilage’’; to establish barter as a disposal method; and to expand the list of eligible domestic recipients. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–306, title V, § 576(d), Aug. 23, 1994, 108 Stat. 1654, provided that: ‘‘The amendments made by this section [amending this section and provisions set out as a note below] shall take effect October 1, 1994.’’ EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under sec- tion 2151–1 of Title 22, Foreign Relations and Inter- course. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1302(b) of Pub. L. 95–113, set out as a note under section 2012 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–603, title IV, § 411(g), Oct. 30, 1972, 86 Stat. 1492, provided that the amendment made by section 411(g) is effective Jan. 1, 1974. Pub. L. 93–233, § 8(b)(2), Dec. 31, 1973, 87 Stat. 956, as amended by Pub. L. 93–335, § 1(b), July 8, 1974, 88 Stat. 291; Pub. L. 94–44, § 3(b), June 28, 1975, 89 Stat. 235; Pub. L. 94–365, § 2(2), July 14, 1976, 90 Stat. 990; Pub. L. 95–59, Page 727 TITLE 7—AGRICULTURE § 1431 § 3(2), June 30, 1977, 915 Stat. 255, provided that: ‘‘The last sentence of section 416 of the Act of October 31, 1949 [this section] (as added by section 411(g) of Public Law 92–603) [see 1972 Amendment Note above] shall not be effective for the period ending September 30, 1978.’’ [Amendment by Pub. L. 93–335, effective July 1, 1974, see section 1(c) of Pub. L. 93–335, set out as a note under section 1382 of Title 42, The Public Health and Welfare. Section 3 of Pub. L. 95–59 provided in part that the amendment of section 8 of Pub. L. 93–233 by section 3(2) of Pub. L. 95–59 is effective July 1, 1977.] EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–808, § 3(c), Nov. 11, 1966, 80 Stat. 1538, pro- vided that the amendment made by section 3(c) is effec- tive Jan. 1, 1967. DONATION OF SURPLUS AGRICULTURAL COMMODITIES Pub. L. 100–418, title II, § 2223, Aug. 23, 1988, 102 Stat. 1336, as amended by Pub. L. 101–513, title V, § 562 (part), Nov. 5, 1990, 104 Stat. 2032; Pub. L. 103–306, title V, § 576(a), (b), Aug. 23, 1994, 108 Stat. 1654, provided that: ‘‘(a) AUTHORITY TO DONATE.—Notwithstanding any other provision of law, if the Secretary of Agriculture determines for each fiscal year that (1) a donation under this section would not limit the Secretary’s abil- ity to meet urgent humanitarian needs for agricultural commodities, and (2) such donation would not cause a reduction in the price of the same or similar agricul- tural commodities produced in Poland[,] the Secretary of Agriculture shall donate, under the applicable provi- sions of section 416(b) of the Agricultural Act of 1949 [7 U.S.C. 1431(b)], for each of the fiscal years 1995 through 1999, 8,000 metric tons of uncommitted stocks of eligible commodities of the Commodity Credit Corporation under an agreement with the Government of Poland that the Government of Poland will sell such commod- ities and that all the proceeds from such sales will be used by governmental and nongovernmental agencies for eligible activities in Poland described in section 416(b)(7)(D)(ii) of that Act (as amended by section 2225 of this Act) that have been approved, upon application, by the joint commission described in section 2226 [of Pub. L. 100–418, set out below] and by the United States chief of diplomatic mission in Poland. ‘‘(b) DEFINITIONS.—For purposes of this section— ‘‘(1) the term ‘eligible commodities’ has the same meaning as is given such term in section 416(b)(2) of the Agricultural Act of 1949 [7 U.S.C. 1431(b)(2)] and, in addition, includes feed grains, soybeans, and soy- bean products; and ‘‘(2) the term ‘nongovernmental agencies’ includes nonprofit voluntary agencies, cooperatives, intergov- ernmental agencies such as the World Food Program, and other multilateral organizations.’’ USE OF POLISH CURRENCIES Pub. L. 100–418, title II, § 2224, Aug. 23, 1988, 102 Stat. 1337, provided that nonconvertible Polish currencies held by the United States on Aug. 23, 1988, pursuant to an agreement with the Government of Poland under the Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.] which were not assets of the Commodity Credit Corporation would be made available, to the extent and in such amounts as had been provided in advance in appropriation Acts, for eli- gible activities in Poland described in section 1431(b)(7)(D)(ii) of this title and approved, upon applica- tion, by the joint commission described in section 2226 of Pub. L. 100–418, set out below, and by the United States chief of diplomatic mission in Poland. JOINT COMMISSION Pub. L. 100–418, title II, § 2226, Aug. 23, 1988, 102 Stat. 1337, provided that: ‘‘(a) ESTABLISHMENT.—The joint commission referred to in sections 2223 and 2224 [of Pub. L. 100–418, set out above] and in section 416(b)(7)(D)(ii) of the Agricultural Act of 1949 [7 U.S.C. 1431(b)(7)(D)(ii)] (as amended by section 2225 of this Act) shall be established under an agreement between the United States Government, the Government of Poland, and nongovernmental agencies (as defined in section 2223) operating in Poland. ‘‘(b) MEMBERSHIP.—The joint commission shall be composed of— ‘‘(1) appropriate representatives of the Government of Poland; ‘‘(2) appropriate representatives of nongovern- mental agencies which are parties to the agreement described in subsection (a); and ‘‘(3) representatives from the United States diplo- matic mission in Poland, which may include a rep- resentative of the Foreign Agricultural Service.’’ BARTER OF AGRICULTURAL COMMODITIES Pub. L. 100–418, title IV, § 4309, Aug. 23, 1988, 102 Stat. 1399, provided that: ‘‘In recognition of the importance of barter programs in expanding agricultural trade, it is the sense of Congress that the Secretary of Agri- culture should expedite the implementation of section 416(d) of the Agricultural Act of 1949 (7 U.S.C. 1431(d)) and section 1167 of the Food Security Act of 1985 (7 U.S.C. 1727g note and 1736aa), relating to the barter of agricultural commodities.’’ Pub. L. 98–180, title III, § 302, Nov. 29, 1983, 97 Stat. 1151, as amended by Pub. L. 110–246, title III, § 3001(c), June 18, 2008, 122 Stat. 1821, provided that: ‘‘(a) It is the sense of Congress that the Secretary of Agriculture should exchange or barter, to the max- imum extent practicable under the provisions of law specified in subsection (b), commodities (especially dairy products) owned by the Commodity Credit Cor- poration for materials, goods, and equipment produced in foreign countries. ‘‘(b) The provisions of law referred to in subsection (a) are— ‘‘(1) section 4(h) of the Commodity Credit Corpora- tion Charter Act (15 U.S.C. 714b(h)), ‘‘(2) section 310 of the Food for Peace Act (7 U.S.C. 1692) [7 U.S.C. 1727g], and ‘‘(3) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431).’’ MINIMUM LEVEL OF FOOD ASSISTANCE Annual minimum of food assistance made available to foreign countries to be not less than one-third of total amount of foreign economic assistance provided for each fiscal year, see section 4310 of Pub. L. 100–418, set out as a note under section 1691 of this title. ADDITIONAL LEVELS OF FLOUR, CORNMEAL, WHEAT, SOYBEANS, AND DAIRY PRODUCTS FOR FRIENDLY COUNTRIES IN FISCAL YEARS 1987, 1988, AND 1989 Pub. L. 99–500, § 101(a) [title VI, § 646], Oct. 18, 1986, 100 Stat. 1783, 1783–36, and Pub. L. 99–591, § 101(a) [title VI, § 646], Oct. 30, 1986, 100 Stat. 3341, 3341–36, directed the Secretary of Agriculture, during the three-year period beginning with the fiscal year ending Sept. 30, 1987, through the fiscal year ending Sept. 30, 1989, to make available, in addition to the traditional level of assist- ance made available to friendly countries, specified ad- ditional tonnage of flour, cornmeal, wheat, soybeans, and dairy products, subject to certain conditions. COMMODITY DISTRIBUTION PROGRAM; PURCHASE OF AG- RICULTURAL COMMODITIES WITH UNEXPECTED OR AVAILABLE FUNDS; PROHIBITION ON FURNISHING COM- MODITIES TO SUMMER CAMPS; PARTICIPATION IN PRO- GRAM OF INDIVIDUAL RECEIVING SUPPLEMENTAL SE- CURITY INCOME BENEFITS Authority of Secretary to purchase and furnish agri- cultural commodities under commodity distribution programs and participation of individuals receiving supplemental security income benefits in such pro- grams, see section 4 of Pub. L. 93–86, Aug. 10, 1973, 87 Stat. 249, set out as a note under section 612c of this title. Page 728 TITLE 7—AGRICULTURE § 1431a HOME ECONOMICS TRAINING Pub. L. 86–756, Sept. 13, 1960, 74 Stat. 899, as amended by Pub. L. 87–179, Aug. 30, 1961, 75 Stat. 411, provided: ‘‘That schools receiving surplus foods pursuant to clause (3) of section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) [clause (3) of this section] or section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c) are authorized to use such foods in training students in home economics, including college students if the same facilities and instructors are used for training both high school and college students in home economics courses.’’ AUTHORIZATION FOR COMMODITY CREDIT CORPORATION TO PURCHASE AND DONATE FLOUR, CORNMEAL AND PROCESSED FOOD GRAIN PRODUCTS Pub. L. 85–683, Aug. 19, 1958, 72 Stat. 635, as amended by Pub. L. 88–550, Aug. 31, 1964, 78 Stat. 755; Pub. L. 97–98, title XII, § 1209, Dec. 22, 1981, 95 Stat. 1280; Pub. L. 106–387, § 1(a) [title VII, § 758], Oct. 28, 2000, 114 Stat. 1549, 1549A–43; Pub. L. 110–246, title III, § 3001(c), June 18, 2008, 122 Stat. 1821, provided: ‘‘That at any time Com- modity Credit Corporation has any grain available for donation pursuant to the Food for Progress Act of 1985 [7 U.S.C. 1736o], section 416 of the Agricultural Act of 1949, as amended [this section], section 210 of the Agri- cultural Act of 1956 [section 1859 of this title], or title II of the Food for Peace Act, as amended [sections 1721 to 1726 of this title], the Corporation, in lieu of proc- essing all or any part of such grain into human food products, may purchase such processed food products in quantities not to exceed the equivalent of the respec- tive grain available for donation on the date of such purchase and donate such processed food products pur- suant to the Food for Progress Act of 1985, such section 416, and to such section 210, and make such processed food products available pursuant to such title II, and may sell, without regard to the provisions of section 407 of the Agricultural Act of 1949, as amended [section 1427 of this title], a quantity of the grain equivalent to the processed food products so purchased: Provided, That no food product purchased pursuant to the au- thority contained herein shall constitute less than 50 per centum by weight of the grain from which proc- essed (except that this limitation does not apply in the case of the protein byproduct resulting from the pro- duction of fuel alcohol from agricultural commodities), or contain any additive other than for normal vitamin enrichment, preservative, and bleaching purposes.’’ IRISH POTATOES ACQUIRED UNDER 1949 PRICE SUPPORT PROGRAM Act Mar. 31, 1950, ch. 81, § 3, 64 Stat. 41, made Irish po- tatoes acquired under the 1949 price support program available to school-lunch programs, the Bureau of In- dian Affairs, Federal, State, or local public welfare or- ganizations, private or international nonprofit welfare organizations, penal institutions, and nonprofit hos- pitals. BARTERING AUTHORITY OF SECRETARY Bartering authority of Secretary of Agriculture, ex- change of agricultural commodities for strategic mate- rials and materials for other purposes, cooperation of agencies, and assistance to cooperatives, see section 1692 of this title. Executive Documents EXCEPTIONS FROM TRANSFER OF FUNCTIONS Functions of Corporations of Department of Agri- culture, boards of directors and officers of such cor- porations; Advisory Board of Commodity Credit Cor- poration; and Farm Credit Administration or any agen- cy, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of offi- cers, agencies, and employees transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, effective June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. § 1431a. Cotton donations to educational institu- tions Commodity Credit Corporation is authorized, on such terms as the Secretary of Agriculture may approve, to donate cotton acquired through its price support operations to educational insti- tutions for use in the training of students in the processing and manufacture of cotton into tex- tiles. (Pub. L. 85–835, title V, § 505, Aug. 28, 1958, 72 Stat. 996.) Editorial Notes CODIFICATION Section was enacted as part of the Agricultural Act of 1958, and not as part of the Agricultural Act of 1949 which is classified principally to this chapter. For com- plete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. § 1431b. Distribution of surplus commodities to other United States areas Notwithstanding any other provision of law those areas under the jurisdiction or adminis- tration of the United States are authorized to receive from the Department of Agriculture for distribution on the same basis as domestic dis- tribution in any State, Territory, or possession of the United States, without exchange of funds, such surplus commodities as may be available pursuant to clause (2) of section 612c of this title and section 1431 of this title. (Pub. L. 85–931, § 9, Sept. 6, 1958, 72 Stat. 1792; Pub. L. 87–703, title II, § 204, Sept. 27, 1962, 76 Stat. 611; Pub. L. 89–808, § 3(a), Nov. 11, 1966, 80 Stat. 1538.) Editorial Notes CODIFICATION Section was not enacted as part of the Agricultural Act of 1949 which is classified principally to this chap- ter. For complete classification of the 1949 Act to the Code, see Short Title note set out under section 1421 of this title and Tables. AMENDMENTS 1966—Pub. L. 89–808 struck out special authority of the Commodity Credit Corporation for purchase of fats and oils for donation abroad, now included in the gen- eral authority provided by section 1721 et seq. of this title. 1962—Pub. L. 87–703 inserted ‘‘and in nonprofit school lunch programs’’ after ‘‘needy persons’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–808, § 3(a), Nov. 11, 1966, 80 Stat. 1538, pro- vided that the amendment made by section 3(a) is effec- tive Jan. 1, 1967. § 1431c. Enrichment and packaging of cornmeal, grits, rice, and white flour available for dis- tribution (a) In order to insure the nutritional value of cornmeal, grits, rice, and white flour when such