# § 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 2008 through 2023 is not less than 2,500,000 metric tons.
**(2)** **Minimum non-emergency assistance** section 1722 of this title
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 in an amount that for each of fiscal years 2008 through 2023 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 Committees on International Relations, Agriculture and Appropriations of the House of Representatives, and the Committees on Appropriations and 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) 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.
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**Source Credit**: (July 10, 1954, ch. 469, title II, § 204, 68 Stat. 458; Pub. L. 85–128, § 1(1), Aug. 13, 1957, 71 Stat. 345; Pub. L. 85–931, § 5, Sept. 6, 1958, 72 Stat. 1791; Pub. L. 86–341, title I, § 1, Sept. 21, 1959, 73 Stat. 606; Pub. L. 87–128, title II, § 202(2), Aug. 8, 1961, 75 Stat. 307; Pub. L. 88–638, § 1(15), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89–808, § 2(C), Nov. 11, 1966, 80 Stat. 1535; Pub. L. 95–113, title XII, § 1203, Sept. 29, 1977, 91 Stat. 956; Pub. L. 97–98, title XII, § 1212, Dec. 22, 1981, 95 Stat. 1281; Pub. L. 99–198, title XI, § 1101, Dec. 23, 1985, 99 Stat. 1465; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3639; Pub. L. 104–127, title II, § 209, Apr. 4, 1996, 110 Stat. 954; Pub. L. 107–171, title III, § 3004, May 13, 2002, 116 Stat. 282; Pub. L. 108–199, div. A, title VII, § 758, Jan. 23, 2004, 118 Stat. 38; Pub. L. 110–246, title III, § 3010, June 18, 2008, 122 Stat. 1824; Pub. L. 113–79, title III, § 3004, Feb. 7, 2014, 128 Stat. 774; Pub. L. 115–334, title III, § 3104, Dec. 20, 2018, 132 Stat. 4604.)
## Editorial Notes
### Amendments
2018—Subsec. (a)(1), (2). substituted “2023” for “2018”.
2014—Subsec. (a)(1), (2). substituted “2018” for “2012”.
2008—Subsec. (a)(1), (2). substituted “2008 through 2012” for “2002 through 2007”.
2004—Subsec. (a)(3). substituted “the Committees on International Relations, Agriculture and Appropriations of the House of Representatives, and the Committees on Appropriations and” for “the Committee on Foreign Affairs and Committee on Agriculture of the House of Representatives, and the Committee on”.
2002—Subsec. (a)(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). , (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). , 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). , 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). , inserted at end “No waiver shall be made before the beginning of the applicable fiscal year.”
Subsec. (b)(1). , 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— 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— 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— substituted “$1,000,000,000” for “$750,000,000”.
1977— substituted “$750,000,000” for “$600,000,000”.
1966— substituted part of provisions of former 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 (), now provided for by .
1964— extended termination date from , to .
1961— extended termination date from , to .
1959— extended termination date from , to .
1958— extended termination date from , to .
1957— extended termination date from , to .
## Statutory Notes and Related Subsidiaries
### Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, .
### Effective Date of 2008 Amendment
Amendment by effective , see , set out as an Effective Date note under .
### Effective Date of 1990 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1985 Amendment
, , , provided that the amendment made by that section is effective .
### Effective Date of 1981 Amendment
Amendment by effective , see , set out as an Effective Date note under .
### Effective Date of 1977 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1966 Amendment
Amendment by effective , see , set out as a note under .