I
103D CONGRESS
1ST SESSION
H. R. 1254
To encourage and assist producers, processors, and other handlers of agricul-
tural commodities to donate edible, but unmarketable, agricultural com-
modities to food banks, soup kitchens, and homeless shelters.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 1993
Miss COLLINS of Michigan (for herself, Mr. STOKES, Mr. HASTINGS, Ms.
NORTON, Mrs. MALONEY, Mr. BLACKWELL, Mr. WHEAT, Mr. CONYERS,
Mrs. COLLINS of Illinois, Ms. WATERS, and Mr. CLYBURN) introduced
the following bill; which was referred to the Committee on Agriculture
A BILL
To encourage and assist producers, processors, and other
handlers of agricultural commodities to donate edible,
but unmarketable, agricultural commodities to food
banks, soup kitchens, and homeless shelters.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF AGRICULTURE PROGRAM TO
ENCOURAGE AND ASSIST THE DONATION OF
AGRICULTURAL COMMODITIES UNMARKET-
ABLE UNDER MARKETING ORDERS.
(a) DONATION PROGRAM.—The Secretary of Agri-
culture shall establish a program to encourage and assist
producers, processors, and other handlers of agricultural
commodities described in subsection (b) to donate such
commodities to selected food banks, soup kitchens, and
homeless shelters in the United States to assist the home-
less and needy.
(b) AGRICULTURAL COMMODITIES FOR DONATION.—
The agricultural commodities eligible for donation under
the program established under subsection (a) are agricul-
tural commodities that, while still fit for human consump-
tion, are unmarketable because of grade, size, or quality
restrictions imposed by a marketing order issued under
section 8c of the Agricultural Adjustment Act (reenacted
with amendments by the Agricultural Marketing Agree-
ment Act of 1937) (7 U.S.C. 608c) or by a marketing
order or plan issued under another law relating to the re-
search and promotion of a specific agricultural commodity.
(c) SELECTION OF PARTICIPANTS.—The Secretary of
Agriculture may enter into agreements with producers,
processors, and other handlers of agricultural commodities
described in subsection (b) who offer to make such com-
modities available for donation under the program estab-
lished under subsection (a). As part of such an agreement,
the Secretary may agree to pay all or part of the costs
incurred to harvest, handle, package, or process the agri-
cultural commodity to be donated if the Secretary deter-
mines that—
(1) the commodity would likely not be har-
vested, handled, packaged, or processed in the ab-
sence of the payment; and
(2) volunteer harvesters or voluntary handling,
packaging, or processing services are unavailable or
unfeasible.
(d) ELIGIBLE FOOD BANKS, SOUP KITCHENS, AND
HOMELESS SHELTERS.—
(1) NOMINATION BY LOCAL GOVERNMENTS.—
Local governments in a State may nominate food
banks, soup kitchens, and homeless shelters for se-
lection to receive agricultural commodities under the
program established under subsection (a). The nomi-
nations shall be submitted to the State official ap-
pointed by the chief executive of the State to receive
such nominations.
(2) STATE PLAN.—The State official referred to
in paragraph (1) shall prepare a donation plan for
the State based upon the nominations submitted
under such paragraph. The official shall submit the
plan to the Secretary of Agriculture at such times
as the Secretary may require.
(3) SELECTION BY SECRETARY.—Based upon
the agricultural commodities and funds available for
the program for a year, the Secretary of Agriculture
shall review the submitted plans and select food
banks, soup kitchens, and homeless shelters in each
State to receive agricultural commodities under the
program. If the State official referred to in para-
graph (1) is not appointed for a State, the Secretary
may establish an alternative method for the selection
of food banks, soup kitchens, and homeless shelters
in that State to receive agricultural commodities
under the program.
(4) CONSULTATION.—The nomination and se-
lection of food banks, soup kitchens, and homeless
shelters under this subsection should be made after
consultation with nonprofit organizations serving the
homeless and needy and with other interested per-
sons.
(e) DISTRIBUTION
OF DONATED AGRICULTURAL
COMMODITIES.—The Secretary of Agriculture, in con-
sultation with the Secretary of Transportation, shall enter
into contracts with persons to collect, store, and distribute
agricultural commodities made available for donation
under the program established under subsection (a). Con-
tracts under this subsection shall be awarded on a com-
petitive basis and may be for such term as the Secretary
of Agriculture considers to be appropriate.
(f) FUNDS FOR PROGRAM.—The Secretary of Agri-
culture shall use funds available for the purposes of sec-
tion 32 of the Act entitled ‘‘An Act to amend the Agricul-
tural Adjustment Act, and for other purposes.’’, approved
August 24, 1935 (7 U.S.C. 612c), to carry out the pro-
gram established under subsection (a), including the cost
of contracts entered into under subsection (e). Notwith-
standing any other provision of such section, the amount
devoted to this program for a fiscal year shall be equal
to at least 25 percent of the unobligated balance remain-
ing under such section at the end of the preceding fiscal
year.
(g) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘food bank’’ means a public or
charitable institution that maintains an established
operation involving the provision of food or edible
commodities, or the products of food or edible com-
modities, to food pantries, soup kitchens, hunger re-
lief centers, or other food or feeding centers that
provide meals or food to homeless or needy individ-
uals on a regular basis.
(2) The term ‘‘soup kitchen’’ means a public or
charitable institution that maintains an established
feeding operation to provide meals for individuals
and families who do not have access to food and who
are nutritionally at risk, such as the homeless, the
elderly, and the impoverished.
(3) The term ‘‘homeless shelter’’ means a public
or charitable institution that maintains an estab-
lished feeding operation to provide meals to homeless
or needy individuals as part of a regular program to
provide shelter, bedding, health care services, drug
and alcohol abuse counseling, or occupational train-
ing to such individuals.
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