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Title 7, AgricultureRelease 119-110

§2036 Availability of Commodities for Emergency Food Assistance Program

Title 7 › CHAPTER 51 — SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM › § 2036

Last updated Sep 22, 2026|Official source

Summary

The Secretary must buy and send nutritious food to States for the emergency food program. The law sets exact dollar targets. For fiscal year 2008 the target is $190,000,000 and for 2009 it is $250,000,000. For each fiscal year 2010 through 2023 the Secretary must use the $250,000,000 amount adjusted by the percent change in the Thrifty Food Plan between June 30, 2008 and June 30 of the year before the fiscal year. For fiscal years 2015–2023 the Secretary must add extra amounts to that total: 2015 $50,000,000; 2016 $40,000,000; 2017 $20,000,000; 2018 $15,000,000; 2019 $23,000,000; 2020 $35,000,000; 2021 $35,000,000; 2022 $35,000,000; 2023 $35,000,000. For 2024 and later years the Secretary must use the 2023 total and adjust it by changes in the Thrifty Food Plan between June 30, 2023 and June 30 of the prior year. The funds must be available for two fiscal years, and States may carry over unspent money under rules the Secretary sets. When buying food, the Secretary must, when practical, consider farm market conditions, the needs and choices of States and distributing agencies, and the preferences of the people who will receive the food.

Full Legal Text

Title 7, §2036

Agriculture, Source: USLM XML via OLRC

(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 June 30, 2008, 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 June 30, 2023, 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

Notes & Related Subsidiaries

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.

Amendments

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 “
June 30, 2023” for “
June 30, 2017”. 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 AmendmentAmendment 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.

Effective Date

of 2002 Amendment Pub. L. 107–171, title IV, § 4126(b), May 13, 2002, 116 Stat. 328, provided that: “The

Amendments

made by this section amending this section] take effect on October 1, 2001.”

Reference

Citations & Metadata

Citation

7 U.S.C. § 2036

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110