7 U.S.C. § 1724 — Levels of assistance

(a) Minimum levels (1) Minimum assistance Unless the rule in paragraph (3), the Administrator must 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 Of the amounts specified in paragraph (1), and except as provided in paragraph (3), the Administrator must 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 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 that 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 must 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 must be made before the beginning of the applicable fiscal year. (b) Use of value-added commodities (1) Minimum levels Unless the rule in paragraph (2), in making agricultural commodities available under this subchapter, the Administrator must ensure that not less than 75 percent of the quantity of that 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 that requirement under that paragraph.