136 
‘‘(C) Forced evaporation with natural-gas 
fueled dryers. 
‘‘(D) Storage of manure in unconfined 
piles or stacks. 
‘‘(E) Composting in an enclosed vessel, 
with forced aeration and continuous mixing. 
‘‘(F) Composting in piles with forced aer-
ation but no mixing. 
‘‘(G) Composting in intensive windrows 
with regular turning for mixing and aeration. 
‘‘(H) Composting in passive windrows with 
infrequent turning for mixing and aeration. 
‘‘(4) Scrape conversion in conjunction with one 
of the practices listed in paragraph (3). 
‘‘(e) TERM.—A contract under the program shall 
have a term that does not exceed 3 years. 
‘‘(f) PAYMENTS.— 
‘‘(1) AVAILABILITY OF PAYMENTS.—Payments 
provided to an eligible producer under this section 
may be used to implement one or more practices de-
scribed in subsection (d). 
‘‘(2) PAYMENT AMOUNTS.—The Secretary may 
provide a payment to an eligible producer under the 
program for an amount that is up to 100 percent of 
the costs associated with planning, design, materials, 
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equipment, installation, labor, management, mainte-
nance, and training related to implementing a prac-
tice described in subsection (d). 
‘‘(3) LIMITATION ON PAYMENTS.—A person or 
legal entity (including a joint venture and a general 
partnership) may not receive, directly or indirectly, 
payments under the program that exceed $750,000 
during any 5-year period. 
‘‘(4) ADVANCED
PAYMENTS.—The Secretary 
shall provide at least 50 percent of the amount of 
total payments to an eligible producer in advance for 
all costs related to purchasing materials and equip-
ment or contracting. 
‘‘(g) MODIFICATION
OR TERMINATION
OF CON-
TRACTS.— 
‘‘(1) VOLUNTARY
MODIFICATION
OR
TERMI-
NATION.—The Secretary may modify or terminate a 
contract entered into with an eligible producer under 
the program if— 
‘‘(A) the producer agrees to the modifica-
tion or termination; and 
‘‘(B) the Secretary determines that the 
modification or termination is in the public in-
terest. 
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‘‘(2) INVOLUNTARY
TERMINATION.—The Sec-
retary may terminate a contract under the program 
if the Secretary determines that the eligible producer 
violated the contract. 
‘‘(h) CLUSTER APPLICATIONS.—The Secretary shall 
establish procedures under which— 
‘‘(1) groups of eligible producers may submit a 
joint application in order to facilitate centralized 
composting facilities; and 
‘‘(2) the Secretary will apportion payments to 
each eligible producer associated with such a joint 
application. 
‘‘(i) EVALUATION OF APPLICATIONS.— 
‘‘(1) EVALUATION
CRITERIA.—The Secretary 
shall develop criteria for evaluating applications that 
will ensure that the purposes of the program are ful-
filled in a cost effective manner and in a manner 
that will maximize greenhouse gas emissions reduc-
tions and overall environmental benefits. 
‘‘(2) GROUPING OF APPLICATIONS.—The Sec-
retary may group and evaluate applications relative 
to other applications for similar farming operations. 
‘‘(j) DUTIES OF PRODUCERS.—To receive payments 
under the program, an eligible producer shall agree— 
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‘‘(1) to implement an alternative manure man-
agement program plan that describes the greenhouse 
gas emissions reductions and other environmental 
benefits to be achieved through 1 or more practices 
that are approved by the Secretary; 
‘‘(2) to supply information as required by the 
Secretary to determine compliance with the program 
plan and requirements of the program; and 
‘‘(3) to comply with such additional provisions 
as the Secretary determines are necessary to carry 
out the program plan. 
‘‘(k) DUTIES OF THE SECRETARY.—The Secretary 
shall— 
‘‘(1) determine and publish factors for esti-
mating the emissions reductions for each program 
practice to aid eligible producers in development of 
applications and program plans; and 
‘‘(2) assist an eligible producer in achieving the 
greenhouse gas emissions reduction and other envi-
ronmental goals of the program plan by— 
‘‘(A) providing payments for developing 
and implementing 1 or more practices, as ap-
propriate; and 
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‘‘(B) providing the producer with informa-
tion, technical assistance, and training to aid in 
implementation of the plan. 
‘‘(l) FUNDING.—The Secretary shall use the funds, 
facilities, and authorities of the Commodity Credit Cor-
poration to carry out the program (including the provision 
of technical assistance) using, to the maximum extent 
practicable, $1,500,000,000 for the period of fiscal years 
2021 through 2030.’’. 
TITLE VI—ON-FARM 
RENEWABLE ENERGY 
SEC. 601. RURAL ENERGY FOR AMERICA PROGRAM. 
Section 9007 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 8106) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘and renewable energy develop-
ment’’ and inserting ‘‘, renewable energy devel-
opment, and the reduction of carbon dioxide 
and carbon dioxide equivalent emissions’’; and 
(B) in paragraph (2), by striking ‘‘and re-
newable energy systems’’ and inserting ‘‘, re-
newable energy systems, and carbon dioxide and 
carbon dioxide equivalent gas emissions reduc-
tions’’; 
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(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(ii) by redesignating subparagraph 
(E) as subparagraph (G); and 
(iii) by inserting after subparagraph 
(D) the following: 
‘‘(E) a nonprofit corporation; 
‘‘(F) an agricultural cooperative or pro-
ducer group; and’’; 
(B) in paragraph (3)(D), by inserting be-
fore the semicolon at the end the following: ‘‘, 
including carbon dioxide and carbon dioxide 
equivalent emissions reductions’’; and 
(C) in paragraph (4)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, agricultural 
processors,’’ 
after 
‘‘agricultural 
pro-
ducers’’; 
(ii) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(iii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
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(iv) by adding at the end the fol-
lowing: 
‘‘(C) assisting in the development of feasi-
bility studies and plans for implementing rec-
ommendations provided under subparagraph 
(B).’’; 
(3) in subsection (c)— 
(A) in paragraph (1)(A)(i), by inserting ‘‘, 
agricultural processors,’’ after ‘‘agricultural 
producers’’; 
(B) in paragraph (2)— 
(i) by redesignating subparagraphs 
(F) and (G) as subparagraphs (G) and 
(H), respectively; and 
(ii) by inserting after subparagraph 
(E) the following: 
‘‘(F) carbon accounting assessments devel-
oped under subsection (d);’’; 
(C) in paragraph (3)(A), by striking ‘‘25’’ 
and inserting ‘‘50’’; 
(D) in paragraph (4), by adding at the end 
the following: 
‘‘(F) PRE-APPROVED TECHNOLOGIES.—In 
order to streamline the adoption of renewable 
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energy systems and the adoption of energy effi-
ciency improvements, the Secretary shall— 
‘‘(i) beginning with fiscal year 2021, 
develop a pre-approved technologies and 
products list and streamlined application 
process for projects utilizing pre-approved 
products; and 
‘‘(ii) update such list every 2 fiscal 
years.’’; and 
(E) by adding at the end the following: 
‘‘(5) PRIORITY.—In making grants or loan 
guarantees under this subsection, priority shall be 
provided to proposed projects that utilize tech-
nologies— 
‘‘(A) with the lowest carbon footprint; or 
‘‘(B) that the Secretary determines would 
result in the largest net decreases of carbon di-
oxide and carbon dioxide equivalent emissions 
as determined through the carbon accounting 
assessments under subsection (d).’’; 
(4) in subsection (d)— 
(A) in the subsection heading, by inserting 
‘‘AND TECHNICAL ASSISTANCE’’ after ‘‘OUT-
REACH’’; 
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(B) by striking ‘‘The Secretary shall’’ and 
inserting ‘‘Using funds made available under 
subsection (h)(4), the Secretary shall’’; and 
(C) by inserting ‘‘and technical assistance’’ 
after ‘‘outreach’’; 
(5) by redesignating subsections (d), (e), and 
(f) as subsections (f), (g), and (h), respectively; 
(6) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) CARBON ACCOUNTING.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of the enactment of this subsection, 
the Secretary shall work with the National Renew-
able Energy Laboratory established pursuant to sec-
tion 10 of the Solar Energy Research, Development, 
and Demonstration Act of 1974 to develop carbon 
accounting estimates for renewable energy systems 
and energy efficiency upgrades (including a pre-ap-
proved technologies list and reserve fund tech-
nologies), supported through assistance provided 
under this section. 
‘‘(2) PROGRAM GUIDANCE.—The results of the 
carbon accounting assessments shall be used to 
guide program actions as much as possible in order 
to achieve the purpose specified in subsection (a). 
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‘‘(e) DEMONSTRATION PRACTICE.— 
‘‘(1) IN GENERAL.—The Secretary shall hold 
regional demonstration projects that incentivize agri-
cultural producers to reduce the carbon footprint or 
overall carbon equivalent emissions of such pro-
ducers to the largest extent possible through the use 
of both energy efficiency improvements and renew-
able energy systems. 
‘‘(2) EXTENSION.—The Secretary shall promote 
the results of the regional demonstration projects 
carried out under paragraph (1).’’; and 
(7) in subsection (h) (as redesignated by para-
graph (5))— 
(A) in paragraph (1), by striking subpara-
graphs (A) through (E) and inserting the fol-
lowing: 
‘‘(A) $50,000,000 for each of fiscal years 
2014 through 2020; 
‘‘(B) $100,000,000 for fiscal year 2021; 
‘‘(C) $200,000,000 for fiscal year 2022; 
‘‘(D) $300,000,000 for fiscal year 2023; 
and 
‘‘(E) $400,000,000 for fiscal year 2024 
and each fiscal year thereafter.’’; 
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(B) in paragraph (2)(B), by striking ‘‘be-
come available’’ and inserting ‘‘be used’’; and 
(C) by adding at the end the following: 
‘‘(4) ADMINISTRATIVE
EXPENSES.—Not more 
than 8 percent of the amount made available to 
carry out this section for a fiscal year may be used 
for administrative expenses incurred in carrying out 
this section. 
‘‘(5) RESERVATION OF FUNDS.—Of the funds 
made available to carry out this section for a fiscal 
year, the Secretary may reserve— 
‘‘(A) not more than 10 percent for grants 
under subsection (c) to support the adoption of 
underutilized but proven, commercial tech-
nologies; and 
‘‘(B) not more that 5 percent to carry out 
subsection (e) to hold regional demonstration 
projects and promote the results of such 
projects.’’. 
SEC. 602. STUDY ON DUAL-USE RENEWABLE ENERGY SYS-
TEMS. 
(a) IN GENERAL.—The Secretary of Agriculture shall 
conduct a study on dual-use renewable energy systems, 
which shall include— 
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(1) an assessment on the compatibility of dif-
ferent species of livestock with different dual-use re-
newable energy system designs, including— 
(A) the optimal height of and distance be-
tween solar panels for— 
(i) livestock grazing; and 
(ii) shade for livestock; 
(B) manure management considerations; 
(C) fencing requirements; and 
(D) other animal handling considerations; 
(2) an assessment of the compatibility of dif-
ferent crop types with different dual-use renewable 
energy system designs, including— 
(A) the optimal height of and distance be-
tween solar panels for— 
(i) plant shading; and 
(ii) farm equipment use; 
(B) the impact on crop yield; and 
(C) market opportunities to sell crops at a 
premium price; 
(3) a risk-benefit analysis of dual-use renewable 
energy systems in different regions of the United 
States, including a comparison between the total 
greenhouse gas impact of dual-use renewable energy 
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systems and renewable energy systems that displace 
agricultural production; and 
(4) a 5-year plan for how the research and ex-
tension activities of the Department of Agriculture 
could be used to better support dual-use renewable 
energy systems that do not displace agricultural pro-
duction. 
(b) DEFINITION OF DUAL-USE RENEWABLE ENERGY 
SYSTEMS.—In this section, the term ‘‘dual-use renewable 
energy systems’’ means renewable energy production and 
agricultural production, including crop or animal produc-
tion, occurring together on the same piece of land. 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Agriculture 
shall submit to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate a written report con-
taining the results of the study required by subsection (a). 
SEC. 603. AGSTAR PROGRAM. 
(a) IN GENERAL.—The Secretary of Agriculture (in 
this section referred to as the ‘‘Secretary’’) shall maintain 
a program, to be known as the AgSTAR program, that— 
(1) supports anaerobic digestion in the agricul-
tural sector to reduce methane emissions from live-
stock waste; 
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(2) conducts outreach, education, and training 
on anaerobic digestion of livestock waste; 
(3) provides technical and regulatory assistance 
on anaerobic digestion of livestock waste to stake-
holders, including farmers and ranchers, on issues 
including— 
(A) permitting; 
(B) codigestion of multiple organic wastes 
in one digester; and 
(C) interconnection to physically link a di-
gester to the electrical power grid; 
(4) promotes centralized, multi-farm digesters 
that use livestock waste from more than 1 farm or 
ranch; 
(5) collects and reports data on anaerobic diges-
tion of livestock waste; and 
(6) maintains a database of on-farm anaerobic 
digester projects in the United States. 
(b) TRANSITION.—The Administrator of the Environ-
mental Protection Agency shall take such steps as may 
be appropriate to provide for an orderly transition of the 
activities carried out under the AgSTAR program of the 
Environmental Protection Agency to the AgSTAR pro-
gram under this section. 
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(c) ADMINISTRATION.—The Secretary shall carry out 
the program through the Natural Resources Conservation 
Service, in coordination with the Administrator of the En-
vironmental Protection Agency and other Federal agencies 
as necessary, and in partnership with the Regional Cli-
mate Hubs, cooperative extension services, and other 
agencies of the Department of Agriculture. 
(d) LIMITATIONS
ON AUTHORIZATION
OF APPRO-
PRIATIONS.—To carry out the AgSTAR program under 
this section, there are authorized to be appropriated to 
the Secretary not more than $5,000,000 for each fiscal 
year. 
TITLE VII—FOOD LOSS AND 
WASTE 
Subtitle A—Food Date Labeling 
SEC. 701. DEFINITIONS. 
In this title: 
(1) ADMINISTERING SECRETARIES.—The term 
‘‘administering Secretaries’’ means— 
(A) the Secretary of Agriculture with re-
spect to any product that is under the Sec-
retary of Agriculture’s jurisdiction and is— 
(i) a poultry product, as defined in 
section 4 of the Poultry Products Inspec-
tion Act (21 U.S.C. 453); 
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(ii) a meat food product, as defined in 
section 1 of the Federal Meat Inspection 
Act (21 U.S.C. 601); or 
(iii) an egg product, as defined in sec-
tion 4 of the Egg Products Inspection Act 
(21 U.S.C. 1033); and 
(B) the Secretary of Health and Human 
Services with respect to any product that is 
under the Secretary of Health and Human 
Services’ jurisdiction and is a food (as defined 
in section 201 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321)). 
(2) DISCARD DATE.—The term ‘‘discard date’’ 
means a date voluntarily printed on food packaging, 
which signifies the end of the estimated period of 
shelf life under any stated storage conditions, after 
which the food labeler advises the product not be 
consumed. 
(3) FOOD LABELER.—The term ‘‘food labeler’’ 
means the producer, manufacturer, distributor, or 
retailer that places a date label on food packaging 
of a product. 
(4) QUALITY DATE.—The term ‘‘quality date’’ 
means a date voluntarily printed on food packaging 
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that is intended to communicate to consumers the 
date after which— 
(A) the quality of the product may begin 
to deteriorate; but 
(B) the product remains apparently whole-
some food (as defined in subsection (b)(2) of 
section 22 of the Child Nutrition Act of 1966 
(42 U.S.C. 1791(b)(2)); also known as the Bill 
Emerson Good Samaritan Food Donation Act). 
SEC. 702. QUALITY DATES AND DISCARD DATES. 
(a) QUALITY DATES.— 
(1) IN GENERAL.—If a food labeler includes a 
quality date on food packaging, the label shall use 
the uniform quality date label phrase under para-
graph (2). 
(2) UNIFORM
PHRASE.—The uniform quality 
date label phrase under this paragraph shall be 
‘‘BEST If Used By’’ or, if permissible under sub-
section (c)(3), the standard abbreviation of ‘‘BB’’, 
unless and until the administering Secretaries, act-
ing jointly, specify through rulemaking another uni-
form phrase to be used for purposes of complying 
with paragraph (1). 
(3) OPTION OF THE LABELER.—The decisions 
on whether to include a quality date on food pack-
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aging and which foods should be so labeled shall be 
at the discretion of the food labeler. 
(b) DISCARD DATES.— 
(1) IN GENERAL.—If a food labeler includes a 
discard date on food packaging, the label shall use 
the uniform discard date label phrase under para-
graph (2). 
(2) UNIFORM
PHRASE.—The uniform discard 
date label phrase under this paragraph shall be 
‘‘USE By’’ or, if permissible under subsection 
(c)(3), the standard abbreviation of ‘‘UB’’, unless 
and until the administering Secretaries, acting joint-
ly, specify through rulemaking another uniform 
phrase to be used for purposes of complying with 
paragraph (1). 
(3) OPTION OF THE LABELER.—The decisions 
on whether to include a discard date on food pack-
aging and which foods should be so labeled shall be 
at the discretion of the food labeler. 
(c) QUALITY DATE
AND DISCARD DATE LABEL-
ING.— 
(1) IN GENERAL.—The quality date or discard 
date, as applicable, and immediately adjacent uni-
form quality date label phrase or discard date label 
phrase— 
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(A) shall be— 
(i) in single easy-to-read type style; 
and 
(ii) located in a conspicuous place on 
the package of the food; and 
(B) may be on the label or, at the discre-
tion of the food labeler, elsewhere on the pack-
age. 
(2) DATE FORMAT.—Each quality date and dis-
card date shall be stated in terms of day and month 
and, as appropriate, year. 
(3) ABBREVIATIONS.—A food labeler may use a 
standard abbreviation of ‘‘BB’’ and ‘‘UB’’ for the 
quality date and discard date, respectively, only if 
the food packaging is too small to include the uni-
form phrase described in subsection (a)(2) or (b)(2), 
as applicable. 
(4) FREEZE BY.—A food labeler may add ‘‘or 
Freeze By’’ following a quality date or discard date 
uniform phrase. 
(d) INFANT FORMULA.—This Act and the amend-
ments made by this Act— 
(1) do not apply with respect to infant formula 
(as defined in section 201(z) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321(z))); and 
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(2) shall not be construed to affect the require-
ments pertaining to infant formula under section 
412 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 350a) and other applicable provisions of 
law. 
(e) EDUCATION.—Not later than 1 year after the 
date of enactment of this Act, the administering Secre-
taries, acting jointly, shall provide consumer education 
and outreach on the meaning of quality date and discard 
date food labels. 
(f) RULE OF CONSTRUCTION; PREEMPTION.— 
(1) RULE OF CONSTRUCTION.—Nothing in this 
Act or the amendments made by this Act shall be 
construed to prohibit any State or political subdivi-
sion of a State from establishing or continuing in ef-
fect any requirement that prohibits the sale or dona-
tion of foods based on passage of the discard date. 
(2) PREEMPTION.—No State or political sub-
division of a State may establish or continue in ef-
fect any requirement that— 
(A) relates to the inclusion in food labeling 
of a quality date or a discard date that is dif-
ferent from or in addition to, or that is other-
wise not identical with, the requirements of this 
Act and the amendments made by this Act; or 
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(B) prohibits the sale or donation of foods 
based on passage of the quality date. 
(3) ENFORCEMENT.—The administering Secre-
taries, acting jointly and in coordination with the 
Federal Trade Commission, shall ensure that the 
uniform quality date label phrase and uniform dis-
card date label phrase are standardized across all 
food products. 
(4) SAVINGS.—Notwithstanding paragraph (2), 
nothing in this Act, nor any amendment made by 
this Act, nor any standard or requirement imposed 
pursuant to this Act, shall be construed to preempt, 
displace, or supplant any State or Federal common 
law rights or any State or Federal statute creating 
a remedy for civil relief, including those for civil 
damage, or a penalty for criminal conduct. 
(g) TIME
TEMPERATURE
INDICATOR
LABELS.— 
Nothing in this Act or the amendments made by this Act 
shall be construed to prohibit or restrict the use of time- 
temperature indicator labels or similar technology that is 
in addition to or in lieu of any uniform quality date label 
phrase under subsection (a)(2) or uniform discard date 
label phrase under subsection (b)(2). 
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SEC. 703. MISBRANDING. 
(a) FDA VIOLATIONS.—Section 403 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amend-
ed by adding at the end the following: 
‘‘(z) If it is food and its labeling is in violation of 
section 3 of the Food Date Labeling Act of 2019.’’. 
(b) POULTRY PRODUCTS.—Section 4(h) of the Poul-
try Products Inspection Act (21 U.S.C. 453(h)) is amend-
ed— 
(1) in paragraph (11), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (12), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(13) if its labeling is in violation of section 3 
of the Food Date Labeling Act of 2019.’’. 
(c) MEAT PRODUCTS.—Section 1(n) of the Federal 
Meat Inspection Act (21 U.S.C. 601(n)) is amended— 
(1) in paragraph (11), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (12), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(13) if its labeling is in violation of section 3 
of the Food Date Labeling Act of 2019.’’. 
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(d) EGG PRODUCTS.—Section 7(b) of the Egg Prod-
ucts Inspection Act (21 U.S.C. 1036(b)) is amended in 
the first sentence by adding before the period at the end 
‘‘or if its labeling is in violation of section 3 of the Food 
Date Labeling Act of 2019’’. 
SEC. 704. REGULATIONS. 
Not later than 2 years after the date of enactment 
of this Act, the Secretaries, acting jointly, shall promul-
gate final regulations for carrying out the provisions of 
this Act and the amendments made by this Act. 
SEC. 705. DELAYED APPLICABILITY. 
This Act and the amendments made by this Act shall 
apply only with respect to food products that are labeled 
on or after the date that is 2 years after the date of pro-
mulgation of final regulations under section 5. 
Subtitle B—Other Provisions 
SEC. 711. COMPOSTING AS CONSERVATION PRACTICE. 
(a) DEFINITIONS.—Section 1201(a) of the Food Se-
curity Act of 1985 (16 U.S.C. 3801(a)) is amended— 
(1) by redesignating paragraphs (3) through 
(27) as paragraphs (4) through (28), respectively; 
and 
(2) by inserting after paragraph (2) the fol-
lowing: 
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‘‘(3) 
COMPOSTING
PRACTICE.—The 
term 
‘composting practice’ means— 
‘‘(A) an activity (including an activity that 
does not require the use of a composting facil-
ity) to produce compost from organic waste 
that is— 
‘‘(i) generated on a farm; or 
‘‘(ii) brought to a farm from the near-
by community; and 
‘‘(B) the use of compost on a farm to im-
prove water retention and soil health, subject to 
the condition that such a use shall be in compli-
ance with applicable Federal, State, and local 
laws.’’. 
(b) CONSERVATION STEWARDSHIP PROGRAM.—Sec-
tion 1240I(2)(B)(i) of the Food Security Act of 1985 (16 
U.S.C. 3839aa–21(2)(B)(i)) is amended by inserting ‘‘and 
composting practices’’ after ‘‘agriculture drainage man-
agement systems’’. 
(c) ENVIRONMENTAL QUALITY INCENTIVES PRO-
GRAM.—Section 1240A(6)(A)(ii) of the Food Security Act 
of 1985 (16 U.S.C. 3839aa–1(6)(A)(ii)) is amended by in-
serting ‘‘, including composting practices’’ before the semi-
colon at the end. 
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(d) DELIVERY OF TECHNICAL ASSISTANCE.—Section 
1242(h) of the Food Security Act of 1985 (16 U.S.C. 
3842(h)) is amended by adding at the end the following: 
‘‘(5) DEVELOPMENT OF COMPOSTING PRACTICE 
STANDARD.—In addition to conducting a review of 
any composting facilities practice standard under 
this subsection, the Secretary shall develop and im-
plement a composting practice standard.’’. 
SEC. 712. AMENDMENTS TO FEDERAL FOOD DONATION 
ACT. 
(a) PURPOSE.—Section 2 of the Federal Food Dona-
tion Act of 2008 (Public Law 110–247; 42 U.S.C. 1792 
note) is amended by striking ‘‘encourage’’ and inserting 
‘‘require’’. 
(b) DEFINITIONS.—Section 3 of the Federal Food 
Donation Act of 2008 (Public Law 110–247; 42 U.S.C. 
1792 note) is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 
agency’ has the meaning given the term in section 
133 of title 41, United States Code.’’. 
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(c) REPORT ON FOOD WASTE BY CERTAIN FEDERAL 
CONTRACTORS.—Section 4 of the Federal Food Donation 
Act of 2008 (Public Law 110–247; 42 U.S.C. 1792) is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUIREMENT.—Not later than 180 days 
after the date of enactment of the Act, the Federal 
Acquisition Regulation issued in accordance with 
section 1121 of title 41, United States Code, shall 
be revised to provide that, except as provided in 
paragraph (2), all contracts of more than $10,000 
for the provision, service, or sale of food in the 
United States, or for the lease or rental of Federal 
property to a private entity for events at which food 
is provided in the United States, shall include a 
clause that— 
‘‘(A) requires the donation of excess, ap-
parently wholesome food to nonprofit organiza-
tions that provide assistance to food-insecure 
people in the United States; 
‘‘(B) states the terms and conditions de-
scribed in subsection (b); and 
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‘‘(C) requires the annual submission, in a 
form and manner specified by the executive 
agency awarding the contract, of the report de-
scribed in subsection (d). 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to a contract with an executive agency that 
has issued a regulation in effect on the date of en-
actment of the Act that prohibits a donation de-
scribed in paragraph (1)(A).’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(c) APPLICATION TO CONGRESS.— 
‘‘(1) CONTRACTS.—This Act shall apply to the 
House of Representatives and to contracts entered 
into by the House of Representatives, and to the 
Senate and to contracts entered into by the Senate, 
in the same manner and to the same extent as this 
Act applies to an executive agency and to contracts 
entered into by an executive agency. 
‘‘(2) ADMINISTRATION.—For purposes of car-
rying out paragraph (1)— 
‘‘(A) the Chief Administrative Officer of 
the House of Representatives shall be consid-
ered to be the head of the House of Representa-
tives; and 
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‘‘(B) the Secretary of the Senate shall be 
considered to be the head of the Senate. 
‘‘(d) DATA; REPORTS.— 
‘‘(1) REPORT
DESCRIBED.—The report de-
scribed in this subsection, with respect to a contract 
described in subsection (a) entered into by a con-
tractor and an executive agency, is a report from the 
contractor to the executive agency that describes, for 
each month of performance of the contract during 
the year covered by the report, the weight of appar-
ently wholesome food that was, pursuant to the con-
tract, disposed of in each of the following manners: 
‘‘(A) DONATION.—Donation by the con-
tractor pursuant to this Act (organized by the 
name of the organization receiving such food). 
‘‘(B) COMPOSTING.—Composting or other 
recycling by the contractor. 
‘‘(C) DISCARDING.—Discarding by the 
contractor (organized by the reason such food 
was so discarded). 
‘‘(2) REPORTS
TO
OMB.—Not later than 30 
days after the date that an executive agency receives 
a report pursuant to paragraph (1)(C), the agency 
shall submit a copy of the report to the Director of 
the Office of Management and Budget. 
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‘‘(3) REPORTS TO CONGRESS.—The Director of 
the Office of Management and Budget shall submit 
to Congress an annual report aggregating the infor-
mation in the reports received pursuant to para-
graph (2) during the year covered by the report.’’. 
(d) AUTHORIZATION
OF
APPROPRIATIONS.—The 
Federal Food Donation Act of 2008 (42 U.S.C. 1792) is 
amended by adding at the end the following: 
‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to the Sec-
retary of Agriculture to carry out this Act $10,000,000 
for fiscal year 2021 and each fiscal year thereafter.’’. 
SEC. 713. GRANTS FOR COMPOSTING AND ANAEROBIC DI-
GESTION 
FOOD 
WASTE-TO-ENERGY 
PROJECTS. 
(a) IN GENERAL.—Subtitle G of the Solid Waste Dis-
posal Act (42 U.S.C. 6971 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 7011. GRANTS FOR COMPOSTING AND ANAEROBIC DI-
GESTION 
FOOD 
WASTE-TO-ENERGY 
PROJECTS. 
‘‘(a) GRANTS.—The Administrator shall establish a 
grant program to award grants to States eligible to receive 
the grants under subsection (b)(1) to construct large-scale 
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composting or anaerobic digestion food waste-to-energy 
projects. 
‘‘(b) ELIGIBLE STATES.— 
‘‘(1) ELIGIBILITY.—In order to be eligible to 
receive a grant under this section, a State shall— 
‘‘(A) have in effect a plan to limit the 
quantity of food waste that may be disposed of 
in landfills in the State; and 
‘‘(B) provide to the Administrator— 
‘‘(i) a written commitment that the 
State has read and agrees to comply with 
the Food Recovery Hierarchy of the Envi-
ronmental Protection Agency, particularly 
as applied to apparently wholesome food 
(as defined in section 22(b) of the Child 
Nutrition 
Act 
of 
1966 
(42 
U.S.C. 
1791(b))) that may be provided to or re-
ceived by the State; and 
‘‘(ii) a written end-product recycling 
plan that provides for the beneficial use of 
the material resulting from any anaerobic 
digestion food waste-to-energy operation 
with respect to which the loan or grant is 
made, in a manner that meets all applica-
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ble Federal, State, and local laws that pro-
tect human health and the environment. 
‘‘(2) LIMITATION.—A grant under subsection 
(a) may not be used for an anaerobic digester that 
uses solely manure as undigested biomass. 
‘‘(3) PREFERENCE.—The Administrator shall 
give preference to grants under subsection (a) for 
anaerobic digesters that use primarily nonedible 
food, crop waste, or nonedible food and crop waste 
as undigested biomass. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$100,000,000 for each fiscal year. 
‘‘(d) STATE DEFINED.—In this section, the term 
‘State’ means each State of the United States, the District 
of Columbia, each territory or possession of the United 
States, and each federally recognized Indian Tribe.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
is amended by inserting after the item relating to section 
7010 the following: 
‘‘Sec. 7011. Grants for composting and anaerobic digestion food waste-to-en-
ergy projects.’’. 
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SEC. 714. SCHOOL FOOD WASTE REDUCTION GRANT PRO-
GRAM. 
(a) IN GENERAL.—Section 18 of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1769) is 
amended by inserting before subsection (b) the following: 
‘‘(a) SCHOOL FOOD WASTE REDUCTION GRANT PRO-
GRAM.— 
‘‘(1) GRANT PROGRAM ESTABLISHED.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
carry out a program to make grants, on a com-
petitive basis, to eligible local educational agen-
cies to carry out food waste measurement and 
reporting, prevention, education, and reduction 
projects. 
‘‘(B) REGIONAL
BALANCE.—In awarding 
grants under this subsection, the Secretary 
shall, to the maximum extent practicable, en-
sure that— 
‘‘(i) a grant is awarded to an eligible 
local educational agency in each region 
served by the Administrator of the Food 
and Nutrition Service; and 
‘‘(ii) equitable treatment of rural, 
urban, and tribal communities. 
‘‘(2) APPLICATION.—To be eligible to receive a 
grant under this subsection, an eligible local edu-
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cational agency shall submit an application to the 
Secretary at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. 
‘‘(3) PRIORITY.—In making grants under this 
subsection the Secretary shall give priority to an eli-
gible local educational agency that demonstrates in 
the application under paragraph (2) that such eligi-
ble local educational agency will use the grant to— 
‘‘(A) carry out experiential education ac-
tivities that encourage children enrolled in such 
eligible local educational agency to participate 
in food waste measurement and education; 
‘‘(B) prioritize the best use of food in ac-
cordance with the Food Recovery Hierarchy 
published by the Administrator of the Environ-
mental Protection Agency; 
‘‘(C) with respect to food waste prevention 
and reduction, collaborate with other eligible 
local educational agencies, tribes, nongovern-
mental and community-based organizations, 
and other community partners; 
‘‘(D) evaluate the activities described in 
subparagraphs (A) through (C) and make eval-
uation plans; and 
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‘‘(E) establish a food waste measurement, 
prevention, and reduction project with long- 
term sustainability. 
‘‘(4) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Federal share of 
a food waste measurement, prevention, and re-
duction project funded through a grant awarded 
under this subsection shall not exceed 75 per-
cent of the total cost of such food waste reduc-
tion project. 
‘‘(B) FEDERAL MATCHING.—As a condi-
tion of receiving a grant under this subsection, 
an eligible local educational agency shall provide 
matching funds in the form of cash or in-kind 
contributions, including facilities, equipment, or 
services provided by State and local govern-
ments, nonprofit organizations, and private 
sources. 
‘‘(5) USE OF FUNDS.—An eligible local edu-
cational agency that receives a grant under this sec-
tion shall use funds under such grant to carry out 
at least one of the following: 
‘‘(A) Planning a food waste measurement, 
prevention, and reduction project. 
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‘‘(B) Carrying out activities under such a 
project. 
‘‘(C) Providing training to support such a 
project. 
‘‘(D) Purchasing equipment to support 
such a project. 
‘‘(E) Offering food waste education to stu-
dents enrolled in such eligible local educational 
agency. 
‘‘(6) EVALUATION.— 
‘‘(A) AGREEMENT.—As a condition of re-
ceiving a grant under this subsection, each eli-
gible local educational agency shall agree to co-
operate in an evaluation by the Secretary of the 
project carried out using grant funds. 
‘‘(B) PERIODIC
EVALUATION.—Not later 
than 2 years after the date of the enactment of 
this paragraph and every 2 years thereafter, the 
Secretary shall carry out an evaluation of the 
grants made under this section that includes— 
‘‘(i) the amount of Federal funds used 
to carry out such grants; and 
‘‘(ii) an evaluation of the outcomes of 
the projects carried out pursuant to such 
grants. 
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‘‘(7) DEFINITION
OF
ELIGIBLE
LOCAL
EDU-
CATIONAL AGENCY.—In this subsection, the term ‘el-
igible local educational agency’ means a local edu-
cational agency that participates in the school lunch 
program under this Act or the school breakfast pro-
gram established under section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773).’’. 
(b) TECHNICAL ASSISTANCE.—Section 21(b) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1769b–1(b)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) food waste measurement, prevention, and 
reduction.’’. 
Æ 
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