### §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 be used to carry out subchapter III.

#### (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) In general

For each of fiscal years 2019 through 2023, not less than $365,000,000 of the amounts made available to carry out emergency and nonemergency food assistance programs under subchapter II, nor more than 30 percent of such amounts, shall be expended for nonemergency food assistance programs under such subchapter.

#### (2) Community development funds

Funds appropriated each year to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) that are made available through grants or cooperative agreements to strengthen food security in developing countries and that are consistent with section 1722(e)(1)(C) of this title may be considered amounts expended for nonemergency food assistance programs for purposes of paragraph (1).

#### (3) Farmer-to-farmer program

In determining the amount expended for a fiscal year for nonemergency food assistance programs under paragraph (1), amounts expended for that year to carry out programs under section 1737 of this title may be considered amounts expended for nonemergency food assistance programs.

(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; Pub. L. 113–79, title III, §3012, Feb. 7, 2014, 128 Stat. 777; Pub. L. 115–334, title III, §3114, Dec. 20, 2018, 132 Stat. 4607.)

#### **Editorial Notes**

#### References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (e)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§2151 et seq.) of chapter 32 of Title 22, Foreign Relations and Intercourse. For provisions deeming references to subchapter I to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of chapter 32, see section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of Title 22, and sections 2348c and 2349aa–5 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.

#### Amendments

2018—Subsec. (e). Pub. L. 115–334 amended subsec. (e) generally. Prior to amendment, subsec. (e) related to minimum level of nonemergency food assistance for each of fiscal years 2014 through 2018.

2014—Subsec. (e). Pub. L. 113–79 amended subsec. (e) generally. Prior to amendment, subsec. (e) specified minimum amounts to be expended for nonemergency food assistance programs under subchapter III for fiscal years 2009 to 2012, provided an exception allowing the President to use less than the amount specified, and required notification to Congress if the President determined that there was an urgent need for additional emergency food assistance.

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.

#### **Statutory Notes and Related Subsidiaries**

#### 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.

#### 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:

Pub. L. 108–447, div. A, title VII, §724, Dec. 8, 2004, 118 Stat. 2841.

Pub. L. 108–199, div. A, title VII, §724, Jan. 23, 2004, 118 Stat. 34.

Pub. L. 108–7, div. A, title VII, §727, Feb. 20, 2003, 117 Stat. 42.

Pub. L. 107–76, title VII, §730, Nov. 28, 2001, 115 Stat. 736.

#### **Executive Documents**

#### 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.