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.

SECTION 1. DEPARTMENT OF AGRICULTURE PROGRAM TO ENCOURAGE AND ASSIST 
              THE DONATION OF AGRICULTURAL COMMODITIES UNMARKETABLE 
              UNDER MARKETING ORDERS.

    (a) Donation Program.--The Secretary of Agriculture 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 homeless and 
needy.
    (b) Agricultural Commodities for Donation.--The agricultural 
commodities eligible for donation under the program established under 
subsection (a) are agricultural commodities that, while still fit for 
human consumption, 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 Agreement Act of 1937) (7 U.S.C. 608c) or by a 
marketing order or plan issued under another law relating to the 
research 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 commodities available for donation under the program established 
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 agricultural commodity to be donated if the 
Secretary determines that--
            (1) the commodity would likely not be harvested, handled, 
        packaged, or processed in the absence 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 selection to receive agricultural commodities 
        under the program established under subsection (a). The 
        nominations shall be submitted to the State official appointed 
        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 paragraph (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 selection 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 persons.
    (e) Distribution of Donated Agricultural Commodities.--The 
Secretary of Agriculture, in consultation 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). Contracts 
under this subsection shall be awarded on a competitive basis and may 
be for such term as the Secretary of Agriculture considers to be 
appropriate.
    (f) Funds for Program.--The Secretary of Agriculture shall use 
funds available for the purposes of section 32 of the Act entitled ``An 
Act to amend the Agricultural Adjustment Act, and for other 
purposes.'', approved August 24, 1935 (7 U.S.C. 612c), to carry out the 
program established under subsection (a), including the cost of 
contracts entered into under subsection (e). Notwithstanding 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 remaining 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 commodities, to food pantries, soup kitchens, 
        hunger relief centers, or other food or feeding centers that 
        provide meals or food to homeless or needy individuals 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 established 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 training to such individuals.

Summary: Directs the Secretary of Agriculture to establish a program to encourage and assist producers, processors, and other handlers of agricultural commodities to donate edible but unmarketable commodities to selected U.S. food banks, soup kitchens, and homeless shelters.