§ 1736f.
Authorization of appropriations
(a)
Authorization of appropriations
There are authorized to be appropriated—
(1)
for fiscal year 2008 and each fiscal year thereafter, $2,500,000,000 to carry out the emergency and nonemergency food assistance programs under subchapter III; and
(2)
such sums as are necessary—
(A)
to carry out the concessional credit sales program established under subchapter II;
(B)
to carry out the grant program established under subchapter III–A; and
(C)
to make payments to the Commodity Credit Corporation to the extent the Commodity Credit Corporation is not reimbursed under the programs under this chapter for the actual costs incurred or to be incurred by the Commodity Credit Corporation in carrying out such programs.
(b)
Transfer of funds
(1)
In general
Except as provided in paragraph (2) and notwithstanding any other provision of law, the President may direct that up to 15 percent of the funds available for any fiscal year for carrying out any subchapter of this chapter be used to carry out any other subchapter of this chapter.
(2)
Subchapter III–A funds
The President may direct that up to 50 percent of the funds available for any fiscal year for carrying out subchapter III–A of this chapter be used to carry out subchapter III of this chapter.
(c)
Budget
In presenting the Budget of the United States, the President shall classify expenditures under this chapter as expenditures for international affairs and finance rather than for agriculture and agricultural resources.
(d)
Value of commodities
Notwithstanding any other provision of law, in determining the reimbursement due the Commodity Credit Corporation for all expenses incurred under this chapter, commodities from the inventory of the Commodity Credit Corporation that were acquired under dairy price support operations shall be valued at a price not greater than the export market price for such commodities, as determined by the Secretary, as of the time such commodity is made available under this chapter.
(e)
Minimum level of nonemergency food assistance
(1)
Funds and commodities
Of the amounts made available to carry out emergency and nonemergency food assistance programs under subchapter III, not less than $375,000,000 for fiscal year 2009, $400,000,000 for fiscal year 2010, $425,000,000 for fiscal year 2011, and $450,000,000 for fiscal year 2012 shall be expended for nonemergency food assistance programs under subchapter III.
(2)
Exception
The President may use less than the amount specified in paragraph (1) in a fiscal year for nonemergency food assistance programs under subchapter III only if—
(A)
the President has made a determination that there is an urgent need for additional emergency food assistance;
(B)
the funds and commodities held in the Bill Emerson Humanitarian Trust have been exhausted; and
(C)
the President has submitted to Congress a supplemental appropriations request for a sum equal to the amount needed to reach the required spending level for nonemergency food assistance under paragraph (1) and the amount exhausted under paragraph (2)(B).
(3)
Notification to Congress
If the President makes the determination described in paragraph (2)(A), the President shall submit to Congress written notification that the determination has been made.
Source
(July 10, 1954, ch. 469, title IV, § 412, as added Pub. L. 94–161, title II, § 212,Dec. 20, 1975
, 89 Stat. 855; amended Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990
, 104 Stat. 3655; Pub. L. 104–127, title II, § 220, Apr. 4, 1996
, 110 Stat. 958; Pub. L. 106–387, § 1(a) [title VII, § 768], Oct. 28, 2000
, 114 Stat. 1549, 1549A–45; Pub. L. 110–246, title III, §§ 3020, 3021, June 18, 2008
, 122 Stat. 1829.)Notes
Amendments
2008—Subsec. (a). Pub. L. 110–246, § 3020, added subsec. (a) and struck out former subsec. (a) which authorized appropriations for programs under subchapters II, III, and III–A of this chapter.
Subsec. (e). Pub. L. 110–246, § 3021, added subsec. (e).
2000—Subsec. (d). Pub. L. 106–387 substituted “dairy price support operations” for “title I of the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)”.
1996—Subsec. (b). Pub. L. 104–127, § 220(1), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “Of the amounts made available in each fiscal year to carry out subchapters II and III–A of this chapter, not less than—
“(1) 40 percent shall be made available to carry out the credit sales program established under subchapter II of this chapter; and
“(2) 40 percent shall be made available to carry out the grant program established under subchapter III–A of this chapter.”
Subsecs. (c) to (e). Pub. L. 104–127, § 220, redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out heading and text of former subsec. (c). Text read as follows: “Notwithstanding any other provision of law and except as provided in subsection (b) of this section, if the President determines it to be necessary for purposes of this chapter, the President may direct that not in excess of 15 percent of the funds available in any fiscal year for carrying out any subchapter of this chapter be used to carry out any other subchapter of this chapter.”
1990—Pub. L. 101–624 amended section generally, substituting present provisions for provisions authorizing President to seek agreement for international food reserve, with costs to be shared equitably among nations, and with safeguards against price disruptions.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–246 effective
May 22, 2008
, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.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.Delegation of Functions
Functions of President under subsec. (b) of this section delegated to Director of the Office of Management and Budget by section 4(e) of Ex. Ord. No. 12752,
Feb. 25, 1991
, 56 F.R. 8256, set out as a note under section 1691 of this title.Availability of Funds
Pub. L. 109–97, title VII, § 722,
Nov. 10, 2005
, 119 Stat. 2152, as amended by Pub. L. 110–246, title III, § 3001(c), June 18, 2008
, 122 Stat. 1821, provided that: “Hereafter, notwithstanding section 412 of the Food for Peace Act (7 U.S.C. 1736f), any balances available to carry out title III of such Act [7 U.S.C. 1727 et seq.] as of the date of enactment of this Act [
Nov. 10, 2005
], and any recoveries and reimbursements that become available to carry out title III of such Act, may be used to carry out title II of such Act [7 U.S.C. 1721 et seq.].”Similar provisions were contained in the following prior appropriation acts: