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.

(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 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 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.

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.

(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.

(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.)