§1736f 1. Food security wheat reserve
(a) Establishment by President
To provide for a wheat reserve solely for emergency humanitarian food needs in developing countries, the President shall establish a reserve stock of wheat of up to four million metric tons for use for the purposes specified in subsection (c) of this section.
(b) Initial establishment by designation of wheat owned by Commodity Credit Corporation; replenishment by purchase or by designation of wheat acquired by Corporation
(1) The reserve stock of wheat under this section shall be established initially by designation for that purpose by the Secretary of Agriculture of wheat owned by the Commodity Credit Corporation.
(2)(A) Subject to the provisions of subsection (i) of this section, stocks of wheat to replenish the reserve may be acquired (i) through purchases from producers or in the market if the Secretary of Agriculture determines that such purchases will not unduly disrupt the market, and (ii) by designation by the Secretary of stocks of wheat otherwise acquired by the Commodity Credit Corporation. Any use of funds to acquire wheat through purchases from producers or in the market to replenish the reserve must be authorized in appropriation Acts.
(B) Not later than 18 months after the release of stocks from the reserve, the Secretary of Agriculture shall replenish the reserve-
(i) through purchases under subparagraph (A)(i), to the extent of available appropriations; or
(ii) by designating an equivalent quantity of wheat from uncommitted stocks of the Commodity Credit Corporation, to the extent sufficient appropriations are not available under subparagraph (A)(i), except to the extent that the Secretary reports to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that there are not sufficient uncommitted stocks of the Commodity Credit Corporation available.
(c) Release of wheat stocks by President for emergency food assistance to developing countries
Notwithstanding any other provision of law, stocks of wheat designated or acquired for the reserve under this section may be released by the President to provide, on a donation or sale basis, emergency food assistance to developing countries at any time that the domestic supply of wheat is so limited that quantities of wheat cannot be made available for disposition under the Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.], except for urgent humanitarian purposes, under the criteria of section 401 of that Act [7 U.S.C. 1731]. Notwithstanding the provisions of the preceding sentence, up to three hundred thousand metric tons of wheat may be released from the reserve under this section in any fiscal year, without regard to the domestic supply situation, for use under title II of the Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C. 1721 et seq.] in providing urgent humanitarian relief in any developing country suffering a major disaster, as determined by the President, whenever the wheat needed for relief cannot be programed for such purpose in a timely manner under the normal means of obtaining commodities for food assistance due to circumstances of unanticipated and exceptional need. Wheat released from the reserve may be processed in the United States and shipped to a developing country in the form of flour when conditions in the recipient country require such processing in the United States.
(d) Release of wheat to meet famine or other relief requirements
Wheat released from the reserve for the purposes of subsection (c) of this section shall be made available under the Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.] to meet famine or other urgent or extraordinary relief requirements, except that section 401 of that Act [7 U.S.C. 1731], with respect to determinations of availability, shall not be applicable thereto.
(e) Management of wheat in reserve to avoid spoilage
The Secretary of Agriculture shall provide for the management of stocks of wheat in the reserve as to location and class of wheat needed to meet emergency situations and for the periodic rotation of stocks of wheat in the reserve to avoid spoilage and deterioration of such stocks, using programs authorized by the Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.] and any other provision of law, but any quantity of wheat removed from the reserve for the purposes of this subsection shall be promptly replaced with an equivalent quantity of wheat.
(f) Wheat in reserve as part of total domestic supply for purposes of other laws
Stocks of wheat in the reserve shall not be considered a part of the total domestic supply (including carryover) for the purposes of subsection (c) of this section or for the purposes of administering the Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.] and shall not be subject to any quantitative limitations on exports that may be imposed under section 2406 of the Appendix to title 50.
(g) Use of Commodity Credit Corporation funds, facilities, and authorities; reimbursement of Corporation
(1) The funds, facilities, and authorities of the Commodity Credit Corporation shall be used by the Secretary of Agriculture in carrying out this section, except that any restriction applicable to the acquisition, storage, or disposition of Commodity Credit Corporation owned or controlled commodities shall not apply with respect to the acquisition, storage, or disposal of wheat for or in the reserve.
(2) Effective beginning October 1, 1981, the Commodity Credit Corporation shall be reimbursed from funds made available for carrying out the Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.] for wheat released from the reserve that is made available under such Act, such reimbursement to be made on the basis of actual costs incurred by the Commodity Credit Corporation with respect to such wheat or the export market price of wheat (as determined by the Secretary) as of the time the wheat is released from the reserve for such purpose, whichever is lower. Such reimbursement may be made from funds appropriated for that purpose in subsequent years.
(h) Finality of determinations by President or Secretary
Any determination by the President or the Secretary of Agriculture under this section shall be final.
(i) Expiration of authority to replenish stocks of wheat; disposal of remaining stocks
The authority to replace stocks of wheat to maintain the reserve under this section shall expire September 30, 1995, after which stocks released from the reserve may not be replenished. Stocks of wheat remaining in the reserve after September 30, 1995, shall be disposed of by release for use in providing for emergency food needs in developing countries as provided in this section.
(Pub. L. 96 494, title III, §302, Dec. 3, 1980,
References in Text
The Agricultural Trade Development and Assistance Act of 1954, referred to in subsecs. (c) to (f) and (g)(2), is act July 10, 1954, ch. 469,
Codification
Section was enacted as part of the Food Security Wheat Reserve Act of 1980 which is title III of the Agricultural Act of 1980, and not as part of the Agricultural Trade Development and Assistance Act of 1954 which comprises this chapter.
Amendments
1990-Subsec. (b)(2). Pub. L. 101 624, §1143(b), designated existing provisions as subpar. (A), redesignated cls. (A) and (B) as (i) and (ii), respectively, and added subpar. (B).
Subsecs. (c), (d). Pub. L. 101 624, §1515(c), substituted "section 401" for "section 401(a)".
Subsec. (i). Pub. L. 101 624, §1143(a), substituted "1995" for "1990" in two places.
1985-Subsec. (i). Pub. L. 99 198 substituted "1990" for "1985" wherever appearing.
Effective Date of 1990 Amendment
Amendment by section 1143 of Pub. L. 101 624 effective beginning with the 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101 624, set out as a note under section 1421 of this title.
Effective Date
Section 303 of title III of Pub. L. 96 494 provided that: "Except as otherwise provided herein, this title [enacting this section and provisions set out as a note under this section] shall become effective October 1, 1980, or the date of enactment [Dec. 3, 1980], whichever is later."
Short Title
Section 301 of title III of Pub. L. 96 494 provided that: "This title [enacting this section and provisions set out as a note under this section] may be cited as the 'Food Security Wheat Reserve Act of 1980'."
Ex. Ord. No. 12266. Establishment and Composition of Food Security Wheat Reserve
Ex. Ord. No. 12266, Jan. 15, 1981, 46 F.R. 4667, provided:
By the authority vested in me as President of the United States of America by Section 302(a) of the Food Security Wheat Reserve Act of 1980 (Title III of the Agricultural Act of 1980 (Public Law 96 494)) [7 U.S.C. 1736f 1(a)], it is hereby ordered as follows:
1 101. There is hereby established a Food Security Wheat Reserve composed of a reserve stock of wheat, which shall not exceed four million metric tons.
1 102. The Secretary of Agriculture is responsible for designating, in accordance with Section 302 of the Food Security Wheat Reserve Act of 1980 [7 U.S.C. 1736f 1], the specific reserve stocks of wheat which shall comprise the Food Security Wheat reserve.
Jimmy Carter.
Section Referred to in Other Sections
This section is referred to in section 4001 of this title; title 46 App. section 1241f.