110 STAT. 960 PUBLIC LAW 104-127 —APR. 4, 1996 ished as of the date of enactment of the Federal Agriculture Improvement and Reform Act of 1996; and "(C) such rice, corn, and sorghum as the Secretary may, at such time and in such manner as the Secretary determines appropriate, acquire as a result of exchanging an equivalent value of wheat in the reserve established under this section. "(2) REPLENISHMENT OF RESERVE.— "(A) IN GENERAL.— Subject to subsection (h), commodities of equivalent value to eligible commodities in the reserve established under this section may be acquired— "(i) through purchases— "(I) from producers; or "(II) in the market, if the Secretary determines that the purchases will not unduly disrupt the market; or "(ii) by designation by the Secretary of stocks of eligible commodities of the Commodity Credit Corporation. "(B) FUNDS. —Any use of funds to acquire eligible commodities through purchases from producers or in the market to replenish the reserve must be authorized in an appropriations Act. "(c) RELEASE OF ELIGIBLE COMMODITIES.— "(1) EMERGENCY ASSISTANCE.— "(A) IN GENERAL. — Notwithstanding paragraph (2), to meet unanticipated need, the Secretary may release eligible commodities in any fiscal year, without regard to the availability of domestic supply of the commodities, to provide emergency assistance to developing countries under title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.). "(B) RELEASE FOR EMERGENCY ASSISTANCE. —I f the eligible commodities needed to meet unanticipated need cannot be made available in a timely manner under normal means for obtaining eligible commodities for food assistance because of unanticipated need for emergency assistance as provided under section 202(a) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1722(a)), the Secretary may in any fiscal year release from the reserve— "(i) up to 500,000 metric tons of wheat or the equivalent value of eligible commodities other than wheat; and "(ii) up to 500,000 metric tons of any eligible commodities under this paragraph that could have been released but were not released in prior fiscal years. "(C) WAIVER OF MINIMUM TONNAGE REQUIREMENTS. — Nothing in this paragraph shall require a waiver under section 204(a)(3) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) as a prerequisite for the release of eligible commodities under this paragraph. "(2) EMERGENCY FOOD ASSISTANCE. — Notwithstanding any other provision of law, eligible commodities designated or acquired for the reserve established under this section may
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