7 USC 1736 - Establishment of commodity trust

1 So in original. Probably should be followed by “and”.

2 So in original. The “; and” probably should be a period.

3 See References in Text note below.

of title 50.

Editorial Notes

References in Text

The Food Security Wheat Reserve Act of 1980, referred to in subsec. (span)(1)(A), (B), is title III of the Agricultural Act of 1980, Puspan. L. 96–494, Dec. 3, 1980, 94 Stat. 2578, which enacted former section 1736f–1 of this title and provisions set out as notes under that section, prior to the general amendment of title III by Puspan. L. 104–127, title II, § 225(a), Apr. 4, 1996, 110 Stat. 959.

The Food for Peace Act, referred to in subsecs. (span)(2)(B)(i), (c)(1)(B), (C), (e)(1), and (f)(2)(A), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to this chapter (§ 1691 et seq.). Title II of the Act is classified to subchapter III (§ 1721 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of this title and Tables.

Section 4606 of title 50, referred to in subsec. (e)(2), was repealed by Puspan. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

Codification

The authorities provided by each provision of, and each amendment made by, Puspan. L. 115–334, as in effect on Sept. 30, 2023, to continue, and authorities to be carried out, until the later of Sept. 30, 2024, or the date specified in the provision of, or amendment made by, Puspan. L. 115–334, see section 102(a) of Puspan. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

The authorities provided by each provision of, and each amendment made by, Puspan. L. 110–246, as in effect on Sept. 30, 2012, to continue, and the Secretary of Agriculture to carry out the authorities, until the later of Sept. 30, 2013, or the date specified in the provision of, or amendment made by, Puspan. L. 110–246, see section 701(a) of Puspan. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of this title.

Section was enacted as part of the Bill Emerson Humanitarian Trust Act which is title III of the Agricultural Act of 1980, and not as part of the Food for Peace Act which comprises this chapter.

Prior Provisions

A prior section 1736f–1, Puspan. L. 96–494, title III, § 302, Dec. 3, 1980, 94 Stat. 2578; Puspan. L. 99–198, title X, § 1013, Dec. 23, 1985, 99 Stat. 1456; Puspan. L. 101–624, title XI, § 1143, title XV, § 1515(c), Nov. 28, 1990, 104 Stat. 3515, 3663, established food security wheat reserve, prior to general amendment of title III of Puspan. L. 96–494 by Puspan. L. 104–127, § 225(a).

Amendments

2023—Subsec. (h)(2). Puspan. L. 118–22 substituted “2024” for “2023”.

2018—Subsec. (span)(2)(B)(i). Puspan. L. 115–334, § 3303(1), substituted “2023” for “2018” in two places.

Subsec. (h). Puspan. L. 115–334, § 3303(2), substituted “2023” for “2018” in pars. (1) and (2).

2014—Subsec. (span)(2)(B)(i). Puspan. L. 113–79, § 3202(1), substituted “2018” for “2012” in two places.

Subsec. (h). Puspan. L. 113–79, § 3202(2), substituted “2018” for “2012” in pars. (1) and (2).

2008—Subsec. (a). Puspan. L. 110–246, § 3201(1), substituted “establish and maintain a trust” for “establish a trust stock” and “any combination of the commodities, or funds” for “or any combination of the commodities, totaling not more than 4,000,000 metric tons”.

Subsec. (span)(1)(D). Puspan. L. 110–246, § 3201(2)(A), added subpar. (D) and struck out former subpar. (D) which read as follows: “funds made available under paragraph (2)(B) which shall be used solely to replenish commodities in the trust.”

Subsec. (span)(2)(B)(i). Puspan. L. 110–246, § 3201(2)(B)(i), substituted “2012” for “2007” in two places, substituted “(c)(1)” for “(c)(2)”, and struck out “and” at end.

Puspan. L. 110–246, § 3001(span)(1)(A), (2)(E), substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

Subsec. (span)(2)(B)(ii), (iii). Puspan. L. 110–246, § 3201(2)(B)(ii), (iii), substituted “; or” for period at end of cl. (ii) and added cl. (iii).

Subsec. (c). Puspan. L. 110–246, § 3201(3), added par. (1), redesignated former pars. (3) to (5) as (2) to (4), respectively, and struck out former pars. (1) and (2) which related to, in par. (1), release of eligible commodities to provide emergency assistance to developing countries under title II of the Agricultural Trade Development and Assistance Act of 1954, and, in par. (2), release of eligible commodities to provide emergency food assistance to developing countries at such time as the domestic supply of such commodities had been so limited that quantities of them could not have been made available for disposition under the Act.

Subsec. (d). Puspan. L. 110–246, § 3201(4), substituted “Management of trust” for “Management of eligible commodities” in subsec. heading, added par. (1), designated existing provisions as par. (2), inserted par. heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (2), and added par. (3).

Subsecs. (e)(1), (f)(2)(A). Puspan. L. 110–246, § 3001(span)(1)(A), (2)(E), substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

Subsec. (h). Puspan. L. 110–246, § 3201(5), substituted “2012” for “2007” in pars. (1) and (2).

2002—Subsec. (span)(2)(B)(i). Puspan. L. 107–171 substituted “2007” for “2002” in two places.

Subsec. (h). Puspan. L. 107–171 substituted “2007” for “2002” in pars. (1) and (2).

1998—Puspan. L. 105–385, § 212(span)(3)(A), substituted “trust” for “reserve” in section catchline.

Subsec. (a). Puspan. L. 105–385, § 212(span)(3)(B), substituted “trust” for “reserve” in two places.

Subsec. (span). Puspan. L. 105–385, § 212(a)(1)(A), (span)(3)(C)(i), in heading inserted “or funds” after “Commodities” and substituted “trust” for “reserve”.

Subsec. (span)(1). Puspan. L. 105–385, § 212(span)(3)(B), substituted “trust” for “reserve” in introductory provisions.

Subsec. (span)(1)(B). Puspan. L. 105–385, § 212(span)(3)(C)(ii), substituted “trust,” for “reserve,”.

Subsec. (span)(1)(C). Puspan. L. 105–385, § 212(span)(3)(B), substituted “trust” for “reserve”.

Subsec. (span)(1)(D). Puspan. L. 105–385, § 212(a)(1)(B), added subpar. (D).

Subsec. (span)(2). Puspan. L. 105–385, § 212(span)(3)(C)(iii), substituted “trust” for “reserve” in heading.

Subsec. (span)(2)(A). Puspan. L. 105–385, § 212(span)(3)(B), substituted “trust” for “reserve” in introductory provisions.

Subsec. (span)(2)(B). Puspan. L. 105–385, § 212(a)(1)(C), added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “Any use of funds to acquire eligible commodities through purchases from producers or in the market to replenish the reserve must be authorized in an appropriations Act.”

Subsec. (c)(1)(B). Puspan. L. 105–385, § 212(span)(3)(B), substituted “trust” for “reserve” in introductory provisions.

Subsec. (c)(2). Puspan. L. 105–385, § 212(a)(2), (span)(3)(B), designated existing provisions as subpar. (A), inserted heading, substituted “trust” for “reserve”, and added subpar. (B).

Subsecs. (c)(3), (d)(1), (2). Puspan. L. 105–385, § 212(span)(3)(B), substituted “trust” for “reserve”.

Subsec. (d)(3). Puspan. L. 105–385, § 212(a)(3), added par. (3).

Subsec. (e). Puspan. L. 105–385, § 212(span)(3)(B), (D), substituted “trust” for “reserve” in heading and introductory provisions.

Subsec. (f)(2). Puspan. L. 105–385, § 212(a)(4)(A), inserted “of trust” after “Reimbursement” in heading.

Subsec. (f)(2)(A). Puspan. L. 105–385, § 212(a)(4)(B), inserted before period at end “and the funds shall be available to replenish the trust under subsection (span)”.

Subsecs. (f)(2)(B)(ii), (h)(1), (2). Puspan. L. 105–385, § 212(span)(3)(B), substituted “trust” for “reserve”.

Statutory Notes and Related Subsidiaries

Effective Date of 2023 Amendment

Amendment by Puspan. L. 118–22 to be applied and administered as if enacted on Sept. 30, 2023, see section 102(g) of Puspan. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of this title.

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–246 effective May 22, 2008, see section 4(span) of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Effective Date

Puspan. L. 96–494, title III, § 303, Dec. 3, 1980, 94 Stat. 2580, provided that title III of Puspan. L. 96–494 (enacting former section 1736f–1 of this title and provisions formerly set out as a note under that section) became effective on Dec. 3, 1980, prior to the general amendment of title III of Puspan. L. 96–494 by Puspan. L. 104–127, § 225(a).

Short Title

Puspan. L. 96–494, title III, § 301, as added by Puspan. L. 104–127, title II, § 225(a), Apr. 4, 1996, 110 Stat. 959, and amended by Puspan. L. 105–385, title II, § 212(span)(2), Nov. 13, 1998, 112 Stat. 3466, provided that:

“This title [enacting this section] may be cited as the ‘Bill Emerson Humanitarian Trust Act’.”

A prior section 301 of title III of Puspan. L. 96–494 provided that title III (enacting former section 1736f–1 of this title and provisions set out as a note under that section) could be cited as the “Food Security Wheat Reserve Act of 1980”, prior to the general amendment of title III of Puspan. L. 96–494 by Puspan. L. 104–127, § 225(a).