“(a) In General.—Notwithstanding any other provision of law concerning commodity donations, any commodities acquired in the conduct of the operations of the Commodity Credit Corporation and any commodities acquired under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to the extent that the commodities are in excess of the quantities of commodities that are essential to carry out other authorized activities of the Commodity Credit Corporation and the Secretary (including any quantity specifically reserved for a specific purpose), may be used for any program authorized to be carried out by the Secretary that involves the acquisition of commodities for use in a domestic feeding program, including any program conducted by the Secretary that provides commodities to individuals in cases of hardship.
“(b) Programs.—A program described in subsection (a) includes a program authorized by—“(1) the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.);
“(2) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
“(3) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
“(4) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); or
“(5) such other laws as the Secretary determines to be appropriate.
“(c) Processing.—“(1) In general.—For any program included under subsection (b), the Secretary may, notwithstanding any other provision of Federal or State law relating to the procurement of goods and services—“(A) 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 the commodities, or similar commodities as approved by the Secretary, are delivered to a State distributing agency or to a recipient agency; and
“(B) 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.
“(2) Regulations.—The regulations described in paragraph (1)(B) may provide that—“(A) a processor that receives commodities for processing into end products, or provides a service with respect to the commodities or end products, in accordance with the agreement of the processor 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 the 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—“(i) take action with respect to the bond or other means of financial assurance pursuant to regulations promulgated under this subsection; and
“(ii) distribute any proceeds obtained by the Secretary to 1 or more State distributing agencies and recipient agencies, as determined appropriate by the Secretary.
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