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Title II — Commodity distribution programs

H.R. 3102 · 113th Congress · Sep 23, 2013 · Lineage

II Commodity distribution programs

Sec. 201 Commodity distribution program

Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended in the 1st sentence by striking “2012” and inserting “2016”.

Sec. 202 Commodity supplemental food program

Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended—
(1)
in paragraphs (1) and (2)(B) of subsection (a) by striking “2012” each place it appears and inserting “2016”;
(2)
in the 1st sentence of subsection (d)(2) by striking “2012” and inserting “2016”;
(3)
by striking subsection (g) and inserting the following:

“(g) Eligibility—Except as provided in subsection (m), the States shall only provide assistance under the commodity supplemental food program to low-income individuals aged 60 and older.”

(4)
by adding at the end the following:

“(m) Phase-Out—Notwithstanding any other provision of law, an individual who receives assistance under the commodity supplemental food program on the day before the effective date of this subsection shall continue to receive that assistance until the date on which the individual no longer qualifies for assistance under the eligibility criteria for the program in effect on the day before the effective date of this subsection.”

Sec. 203 Distribution of surplus commodities to special nutrition projects

Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e(2)(A)) is amended in the 1st sentence by striking “2012” and inserting “2016”.

Sec. 204 Processing of commodities

(a)
Section 17 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note) is amended by—
(1)
striking the heading and inserting “Commodity donations and processing”; and
(2)
adding at the end the following:

“(c) Processing—For any program included in subsection (b), the Secretary may, notwithstanding any other provision of State or Federal law relating to the procurement of goods and services—

“(1) retain title to commodities delivered to a processor, on behalf of a State (including a State distributing agency and a recipient agency), until such time as end products containing such commodities, or similar commodities as approved by the Secretary, are delivered to a State distributing agency or to a recipient agency; and

“(2) promulgate regulations to ensure accountability for commodities provided to a processor for processing into end products, and to facilitate processing of commodities into end products for use by recipient agencies. Such regulations may provide that—

“(A) a processor that receives commodities for processing into end products, or provides a service with respect to such commodities or end products, in accordance with its agreement with a State distributing agency or a recipient agency, provide to the Secretary a bond or other means of financial assurance to protect the value of such commodities; and

“(B) in the event a processor fails to deliver to a State distributing agency or a recipient agency an end product in conformance with the processing agreement entered into under this Act, the Secretary take action with respect to the bond or other means of financial assurance pursuant to regulations promulgated under this paragraph and distribute any proceeds obtained by the Secretary to one or more State distributing agencies and recipient agencies as determined appropriate by the Secretary.”

(b)
Definitions— Section 18 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note) is amended by striking paragraphs (1) and (2) and inserting the following:

“(1) The term commodities means agricultural commodities and their products that are donated by the Secretary for use by recipient agencies.

“(2) The term end product means a food product that contains processed commodities.”

(c)
Technical and conforming amendments— Section 3 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100–237) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2) by striking subparagraph (B) and inserting the following:

“(B) the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));”

(B)
in paragraph (3)(D) by striking “the Committee on Education and Labor” and inserting “the Committee on Education and the Workforce”;
(2)
in subsection (b)(1)(A)(ii) by striking “section 32 of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.)” and inserting “section 32 of the Act of August 24, 1935 (7 U.S.C. 612c)”;
(3)
in subsection (e)(1)(D)(iii) by striking subclause (II) and inserting the following:

“(II) the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));”

(4)
in subsection (k) by striking “the Committee on Education and Labor” and inserting “the Committee on Education and the Workforce”.