7 U.S.C. § 612c–6 — Domestic food assistance programs

(a) Definition of section 32 In this section, the term “section 32” means section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c). (b) Transfer to Food and Nutrition Service (1) In general Amounts made available for a fiscal year to carry out section 32 in excess of the maximum amount calculated under paragraph (2) must be transferred to the Secretary, acting through the Administrator of the Food and Nutrition Service, to be used to carry out the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) 1 except section 21 [ 42 U.S.C. 1769b–1 ], and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.), except sections 17 and 21 [ 42 U.S.C. 1786, 1790]”. (2) Maximum amount The maximum amount calculated under this paragraph for a fiscal year is the sum of— (A) (i) in the case of fiscal year 2009, $1,173,000,000; (ii) in the case of fiscal year 2010, $1,199,000,000; (iii) in the case of fiscal year 2011, $1,215,000,000; (iv) in the case of fiscal year 2012, $1,231,000,000; (v) in the case of fiscal year 2013, $1,248,000,000; (vi) in the case of fiscal year 2014, $1,266,000,000; (vii) in the case of fiscal year 2015, $1,284,000,000; (viii) in the case of fiscal year 2016, $1,303,000,000; (ix) in the case of fiscal year 2017, $1,322,000,000; and (x) for fiscal year 2018 and each fiscal year after that, the amount made available for the earlier fiscal year, as adjusted to reflect changes for the 12-month period ending on the earlier November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; and (B) any transfers for the fiscal year from section 32 to the Department of Commerce under the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq.). (c) Fresh fruit and vegetable program Of amounts made available to carry out section 32 under subsection (b)(2)(A), the Secretary must transfer for use to carry out the fresh fruit and vegetable program under section 19 of the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1769a ] the amounts specified in subsection (i) of that section. (d) Whole grain products Of amounts made available to carry out section 32 under subsection (b)(2)(A), the Secretary must use to carry out section 1755a of title 42 $4,000,000 for fiscal year 2009. (e) Maintenance of funding The funding provided under subsections (c) and (d) must supplement (and not supplant) other Federal funding (including section 32 funding) for programs carried out under— (1) the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.), except for section 19 of that Act [ 42 U.S.C. 1769a ]; (2) the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq.); and (3) section 2036 2 of this title.