MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.

SEC. 3021. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE. Section 412 of the Food for Peace Act (7 U.S.C. 1736f) is amended by adding at the end the following:“(e) Minimum Level of Nonemergency Food Assistance.—“(1) Funds and commodities.—Of the amounts made available to carry out emergency and nonemergency food assistance programs under title II, not less than $375,000,000 for fiscal year 2009, $400,000,000 for fiscal year 2010, $425,000,000 for fiscal year 2011, and $450,000,000 for fiscal year 2012 shall be expended for nonemergency food assistance programs under title II.“(2) Exception.—The President may use less than the amount specified in paragraph (1) in a fiscal year for nonemergency food assistance programs under title II only if—“(A) the President has made a determination that there is an urgent need for additional emergency food assistance;“(B) the funds and commodities held in the Bill Emerson Humanitarian Trust have been exhausted; and“(C) the President has submitted to Congress a supplemental appropriations request for a sum equal to the amount needed to reach the required spending level for nonemergency food assistance under paragraph (1) and the amount exhausted under paragraph (2)(B).“(3) Notification to congress.—If the President makes the determination described in paragraph (2)(A), the President shall submit to Congress written notification that the determination has been made.”.