Title 7, AgricultureRelease 119-110

§7508 Authorization and Appropriations

Title 7 › CHAPTER 102 — EMERGENCY FOOD ASSISTANCE › § 7508

Last updated Sep 22, 2026|Official source

Summary

The federal government must make $100,000,000 available each year starting in fiscal year 2008 for the Secretary to give to States. These funds pay direct and indirect costs of handling and getting food commodities to eligible agencies, including food from gleaning and donated wild game. Money is split among States the same way the food is split and is sent in advance. If a State can’t use all of its money, the Secretary will reassign the unused portion to other States. Each State must give at least 40% of its allocated money to emergency feeding organizations to pay or advance actual direct expenses (like transport, storage, handling, repackaging, distribution after receipt, eligibility checks, notifying people, and required recordkeeping). If a State already pays these costs with its own money, that counts toward the 40%. States must send regular financial reports and may only use the funds for the covered distribution costs. To get these funds, starting January 1, 1987, a State must provide non‑Federal cash or in‑kind contributions equal to the difference between the Federal funds received and any part the State itself has already paid to emergency feeding organizations or their direct expenses (if a State’s legislature did not meet before January 1, 1987, this requirement starts October 1, 1987). Funds can be advanced before matching is finished based on estimates, and the Secretary will later adjust for overpayments or underpayments. States may not charge emergency feeding organizations for the commodities or make them pay the State’s matching share. The value of the commodities and Corporation funds used for initial processing, packaging for home use, and delivery to States is not charged against this $100,000,000.

Full Legal Text

Title 7, §7508

Agriculture, Source: USLM XML via OLRC

(a)(1)There are authorized to be appropriated $100,000,000 for fiscal year 2008 and each fiscal year thereafter for the Secretary to make available to the States to pay for the direct and indirect costs of the States related to the processing, storage, transporting, and distributing to eligible recipient agencies of commodities provided by the Secretary under this chapter and commodities secured from other sources, including commodities secured by gleaning (as defined in section 111(a) of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note; Public Law 100–435)) and donated wild game. Funds appropriated under this paragraph for any fiscal year shall be allocated to the States on an advance basis, dividing such funds among the States in the same proportions as the commodities distributed under this chapter for such fiscal year are divided among the States. If a State agency is unable to use all of the funds so allocated to it, the Secretary shall reallocate such unused funds among the other States.
(2)Each State shall make available to emergency feeding organizations in the State not less than 40 per centum of the funds provided as authorized in paragraph (1) that it has been allocated for a fiscal year, as necessary to pay for, or provide advance payments to cover, the direct expenses of the emergency feeding organizations for distributing commodities to needy persons, but only to the extent such expenses are actually so incurred by such organizations. As used in this paragraph, the term “direct expenses” includes costs of transporting, storing, handling, repackaging, processing, and distributing commodities incurred after they are received by the organization; costs associated with determinations of eligibility, verification, and documentation; costs of providing information to persons receiving commodities under this chapter concerning the appropriate storage and preparation of such commodities; costs involved in publishing announcements of times and locations of distribution; and costs of recordkeeping, auditing, and other administrative procedures required for participation in the program under this chapter. If a State makes a payment, using State funds, to cover direct expenses of emergency feeding organizations, the amount of such payment shall be counted toward the amount a State must make available for direct expenses of emergency feeding organizations under this paragraph.
(3)States to which funds are allocated for a fiscal year under this subsection shall submit financial reports to the Secretary, on a regular basis, as to the use of such funds. No such funds may be used by States or emergency feeding organizations for costs other than those involved in covering the expenses related to the distribution of commodities by emergency feeding organizations.
(4)(A)Except as provided in subparagraph (B), effective January 1, 1987, to be eligible to receive funds under this subsection, a State shall provide in cash or in kind (according to procedures approved by the Secretary for certifying these in-kind contributions) from non-Federal sources a contribution equal to the difference between—
(i)the amount of such funds so received; and
(ii)any part of the amount allocated to the State and paid by the State—
(I)to emergency feeding organizations; or
(II)for the direct expenses of such organizations;
for use in carrying out this chapter.
(B)(i)Except as provided in clause (ii), subparagraph (A) shall apply to States beginning on January 1, 1987.
(ii)If the legislature of a State does not convene in regular session before January 1, 1987, paragraph (1) shall apply to such State beginning on October 1, 1987.
(C)Funds allocated to a State under this section may, upon State request, be allocated before States satisfy the matching requirement specified in subparagraph (A), based on the estimated contribution required. The Secretary shall periodically reconcile estimated and actual contributions and adjust allocations to the State to correct for overpayments and underpayments.
(5)States may not charge for commodities made available to emergency feeding organizations, and may not pass on to such organizations the cost of any matching requirements, under this chapter.
(b)The value of the commodities made available under this chapter and the funds of the Corporation used to pay the costs of initial processing, packaging (including forms suitable for home use), and delivering commodities to the States shall not be charged against appropriations made or authorized under this section.

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

2008—Subsec. (a)(1). Pub. L. 110–246, § 4406(b)(1), in first sentence, substituted “for fiscal year 2008 and each fiscal year thereafter” for “for each of the fiscal years 2003 through 2007”. Pub. L. 110–246, § 4201(c), in first sentence, substituted “$100,000,000” for “$60,000,000” and inserted “and donated wild game” before period at end. 2002—Subsec. (a)(1). Pub. L. 107–171, in first sentence, substituted “$60,000,000” for “$50,000,000” and “2003 through 2007” for “1991 through 2002”, struck out “administrative” before “costs of the States”, and inserted “storage,” after “processing,” and “, including commodities secured by gleaning (as defined in section 111(a) of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note; Public Law 100–435))” after “sources”. 1996—Subsec. (a). Pub. L. 104–193, § 871(e)(2), made technical amendment to reference in original act which appears in text as reference to “this chapter” in second sentence of par. (1), in second sentence of par. (2) immediately before concluding period, and in concluding provisions of par. (4)(A). Subsec. (a)(1). Pub. L. 104–193, § 871(c), in first sentence, substituted “to pay for the direct and indirect administrative costs of the States related to the processing, transporting, and distributing to eligible recipient agencies of commodities provided by the Secretary under this chapter and commodities secured from other sources” for “for State and local payments for costs associated with the distribution of commodities by emergency feeding organizations under this chapter” and struck out at end “States may also use funds provided under this paragraph to pay for the costs associated with the distribution of commodities under the program authorized under section 110 of the Hunger Prevention Act of 1988 [section 110 of Pub. L. 100–435, set out above], and to pay for the costs associated with the distribution of additional commodities provided pursuant to section 7515 of this title”. Pub. L. 104–127 substituted “2002” for “1995” in first sentence. 1990—Subsec. (a). Pub. L. 101–624, § 1772(c)(1), (2), redesignated subsec. (c) as (a) and struck out former subsec. (a) which read as follows: “There is appropriated for the period ending
September 30, 1983, $50,000,000 for the Secretary to make available to the States for storage and distribution costs, of which not less than $10,000,000 shall be made available for paying the actual costs incurred by charitable institutions, food banks, hunger centers, soup kitchens, and similar nonprofit organizations providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons, provided that in no case shall such payments exceed five per centum of the value of commodities distributed by any such agency.” Subsec. (a)(1). Pub. L. 101–624, § 1772(c)(3), substituted “1991 through 1995” for “ending
September 30, 1986, through
September 30, 1990,”. Subsec. (a)(2). Pub. L. 101–624, § 1772(d), inserted “repackaging, processing,” after “handling,” in second sentence. Subsec. (b). Pub. L. 101–624, § 1772(c)(1), (2), redesignated subsec. (d) as (b) and struck out former subsec. (b) which read as follows: “There are hereby authorized to be appropriated $50,000,000 for each of the fiscal years ending
September 30, 1984, and
September 30, 1985, for the Secretary to make available to the States for storage and distribution costs of which not less than twenty per centum of the amount appropriated under this subsection in any fiscal year shall be made available for paying or providing advance payments to cover the actual costs incurred by charitable institutions, food banks, hunger centers, soup kitchens, and similar nonprofit eligible recipient agencies providing nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons, including low-income and unemployed persons: Provided, That in no case shall such payments exceed five per centum of the value of commodities distributed by any such agency.” Subsecs. (c), (d). Pub. L. 101–624, § 1772(c)(2), redesignated subsecs. (c) and (d) as (a) and (b), respectively. 1988—Subsec. (c)(1). Pub. L. 100–435, § 105(a), inserted at end “States may also use funds provided under this paragraph to pay for the costs associated with the distribution of commodities under the program authorized under section 110 of the Hunger Prevention Act of 1988, and to pay for the costs associated with the distribution of additional commodities provided pursuant to section 7515 of this title.” Pub. L. 100–435, § 103(a), substituted “through
September 30, 1990” for “through
September 30, 1988” in first sentence. Subsec. (c)(2). Pub. L. 100–435, § 103(b), (c), in first sentence, substituted “40” for “20” and, in second sentence, inserted “costs of providing information to persons receiving commodities under this chapter concerning the appropriate storage and preparation of such commodities;” after “documentation;”. 1987—Subsec. (c)(1). Pub. L. 100–77 substituted “through
September 30, 1988” for “and
September 30, 1987” in first sentence. 1985—Subsecs. (c), (d). Pub. L. 99–198 added subsec. (c) and redesignated former subsec. (c) as (d). 1983—Subsecs. (b), (c). Pub. L. 98–92 added subsec. (b), designated former last sentence of subsec. (a) as (c), and substituted therein “appropriations made or authorized under this section” for “this appropriation”.

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(c) and 4406(b)(1) 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 AmendmentAmendment by Pub. L. 107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out as an

Effective Date

note under section 1161 of Title 2, The Congress.

Effective Date

of 1990 AmendmentAmendment by section 1772(c) of Pub. L. 101–624 effective Oct. 1, 1990, and amendment by section 1772(d) of Pub. L. 101–624 effective Nov. 28, 1990, see section 1781(b)(1), (2) of Pub. L. 101–624, set out as a note under section 2012 of this title.

Effective Date

of 1988 AmendmentAmendment by section 103(a)–(c) of Pub. L. 100–435 to be effective and implemented on Sept. 19, 1988, and amendment by section 105(a) of Pub. L. 100–435 to be effective and implemented on Oct. 1, 1988, 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, Sept. 2, 1983, 97 Stat. 608, provided in part that the amendment made by section 2 is effective Oct. 1, 1983.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7508

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110