§ 1724. — Levels of assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1724]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER III--EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS
Sec. 1724. Levels of assistance
(a) Minimum levels
(1) Minimum assistance
Except as provided in paragraph (3), the Administrator shall
make agricultural commodities available for food distribution under
this subchapter in an amount that for each of fiscal years 2002
through 2007 is not less than 2,500,000 metric tons.
(2) Minimum non-emergency assistance
Of the amounts specified in paragraph (1), and except as
provided in paragraph (3), the Administrator shall make agricultural
commodities available for non-emergency food distribution through
eligible organizations under section 1722 of this title in an amount
that for each of fiscal years 2002 through 2007 is not less than
1,875,000 metric tons.
(3) Exception
The Administrator may waive the requirements of paragraphs (1)
and (2) for any fiscal year if the Administrator determines that
such quantities of commodities cannot be used effectively to carry
out this subchapter or in order to meet an emergency. In making a
waiver under this paragraph, the Administrator shall prepare and
submit to the Committee on Foreign Affairs and Committee on
Agriculture of the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
containing the reasons for the waiver. No waiver shall be made
before the beginning of the applicable fiscal year.
(b) Use of value-added commodities
(1) Minimum levels
Except as provided in paragraph (2), in making agricultural
commodities available under this subchapter, the Administrator shall
ensure that not less than 75 percent of the quantity of such
commodities required to be distributed during each fiscal year under
subsection (a)(2) of this section be in the form of processed,
fortified, or bagged commodities and that not less than 50 percent
of the quantity of the bagged commodities that are whole grain
commodities be bagged in the United States.
(2) Waiver of minimum
The Administrator may waive the requirement of paragraph (1) for
any fiscal year in which the Administrator determines that the
requirements of the programs established under this subchapter will
not be best served by the enforcement of such requirement under such
paragraph.
(July 10, 1954, ch. 469, title II, Sec. 204, 68 Stat. 458; Pub. L. 85-
128, Sec. 1(1), Aug. 13, 1957, 71 Stat. 345; Pub. L. 85-931, Sec. 5,
Sept. 6, 1958, 72 Stat. 1791; Pub. L. 86-341, title I, Sec. 1, Sept. 21,
1959, 73 Stat. 606; Pub. L. 87-128, title II, Sec. 202(2), Aug. 8, 1961,
75 Stat. 307; Pub. L. 88-638, Sec. 1(15), Oct. 8, 1964, 78 Stat. 1037;
Pub. L. 89-808, Sec. 2(C), Nov. 11, 1966, 80 Stat. 1535; Pub. L. 95-113,
title XII, Sec. 1203, Sept. 29, 1977, 91 Stat. 956; Pub. L. 97-98, title
XII, Sec. 1212, Dec. 22, 1981, 95 Stat. 1281; Pub. L. 99-198, title XI,
Sec. 1101, Dec. 23, 1985, 99 Stat. 1465; Pub. L. 101-624, title XV,
Sec. 1512, Nov. 28, 1990, 104 Stat. 3639; Pub. L. 104-127, title II,
Sec. 209, Apr. 4, 1996, 110 Stat. 954; Pub. L. 107-171, title III,
Sec. 3004, May 13, 2002, 116 Stat. 282.)
Amendments
2002--Subsec. (a)(1). Pub. L. 107-171, Sec. 3004(1), (2),
substituted ``2002 through 2007'' for ``1996 through 2002'' and
``2,500,000 metric tons'' for ``2,025,000 metric tons''.
Subsec. (a)(2). Pub. L. 107-171, Sec. 3004(1), (3), substituted
``2002 through 2007'' for ``1996 through 2002'' and ``1,875,000 metric
tons'' for ``1,550,000 metric tons''.
1996--Subsec. (a)(1). Pub. L. 104-127, Sec. 209(1)(A), substituted
``amount that for each of fiscal years 1996 through 2002 is not less
than 2,025,000 metric tons.'' for ``amount that--
``(A) for fiscal year 1991, is not less than 1,925,000 metric
tons;
``(B) for fiscal year 1992, is not less than 1,950,000 metric
tons;
``(C) for fiscal year 1993, is not less than 1,975,000 metric
tons;
``(D) for fiscal year 1994, is not less than 2,000,000 metric
tons; and
``(E) for fiscal year 1995, is not less than 2,025,000 metric
tons.''
Subsec. (a)(2). Pub. L. 104-127, Sec. 209(1)(B), substituted
``amount that for each of fiscal years 1996 through 2002 is not less
than 1,550,000 metric tons.'' for ``an amount that--
``(A) for fiscal year 1991, is not less than 1,450,000 metric
tons;
``(B) for fiscal year 1992, is not less than 1,475,000 metric
tons;
``(C) for fiscal year 1993, is not less than 1,500,000 metric
tons;
``(D) for fiscal year 1994, is not less than 1,525,000 metric
tons; and
``(E) for fiscal year 1995, is not less than 1,550,000 metric
tons.''
Subsec. (a)(3). Pub. L. 104-127, Sec. 209(1)(C), inserted at end
``No waiver shall be made before the beginning of the applicable fiscal
year.''
Subsec. (b)(1). Pub. L. 104-127, Sec. 209(2), inserted before period
at end ``and that not less than 50 percent of the quantity of the bagged
commodities that are whole grain commodities be bagged in the United
States''.
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions relating to authorization of
appropriations for reimbursement of Commodity Credit Corporation for
costs incurred in connection with programs of assistance undertaken
under this subchapter, and appropriations for purchase of foreign
currencies.
1985--Pub. L. 99-198 substituted ``fiscal'' for ``calendar'' in two
places in first sentence and authorized a waiver of limitation on
assistance when the President determines waiver is necessary to
undertake programs of assistance to meet humanitarian needs.
1981--Pub. L. 97-98 substituted ``$1,000,000,000'' for
``$750,000,000''.
1977--Pub. L. 95-113 substituted ``$750,000,000'' for
``$600,000,000''.
1966--Pub. L. 89-808 substituted part of provisions of former
section 1723 of this title relating to authorization of appropriations
for reimbursement of the CCC, limitations on amount, and use of funds
for purchase of foreign currencies for former provisions for termination
date for assistance under this subchapter (Dec. 31, 1966), now provided
for by section 1736c of this title.
1964--Pub. L. 88-638 extended termination date from Dec. 31, 1964,
to Dec. 31, 1966.
1961--Pub. L. 87-128 extended termination date from Dec. 31, 1961,
to Dec. 31, 1964.
1959--Pub. L. 86-341 extended termination date from Dec. 31, 1959,
to Dec. 31, 1961.
1958--Pub. L. 85-931 extended termination date from June 30, 1958,
to Dec. 31, 1959.
1957--Pub. L. 85-128 extended termination date from June 30, 1957,
to June 30, 1958.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-624 effective Jan. 1, 1991, see section
1513 of Pub. L. 101-624, set out as a note under section 1691 of this
title.
Effective Date of 1985 Amendment
Section 1101 of Pub. L. 99-198 provided that the amendment made by
that section is effective Oct. 1, 1985.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801
of Pub. L. 97-98, set out as an Effective Date note under section 4301
of this title.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901
of Pub. L. 95-113, set out as a note under section 1307 of this title.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5 of
Pub. L. 89-808, set out as a note under section 1691 of this title.
Section Referred to in Other Sections
This section is referred to in section 1736f-1 of this title.
