[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4184 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 4184
To decrease the incidence of food waste, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2015
Ms. Pingree introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committees on House
Administration, Oversight and Government Reform, Ways and Means,
Education and the Workforce, and Energy and Commerce, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To decrease the incidence of food waste, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Recovery Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--FARMS
Sec. 101. Use of Rural Energy for America Program to reduce food and
crop waste.
Sec. 102. Farm storage facility loan program.
Sec. 103. Composting as conservation practice.
Sec. 104. Study and report on methods to decrease the incidence of food
waste.
TITLE II--RETAIL AND RESTAURANTS
Sec. 201. Extension and expansion of charitable deduction for
contributions of food inventory.
Sec. 202. Good Samaritan food donation.
Sec. 203. Report on food donation by retail food stores.
Sec. 204. Use of Commodity Credit Corporation funds to cover Emergency
Food Assistance Program storage and
distribution costs.
TITLE III--SCHOOLS AND OTHER INSTITUTIONS
Sec. 301. Establishment of the Office of Food Recovery.
Sec. 302. Amendments to Federal Food Donation Act to require food
donations by executive agencies and
Congress.
Sec. 303. Food and agriculture service learning program.
Sec. 304. Farm to school grant program to improve access to local foods
in schools and reduce food waste.
Sec. 305. Modification of National School Lunch Program procurement
requirements to encourage purchase of
lower-price, non-standard size or shape
produce.
TITLE IV--CONSUMERS AND LOCAL INFRASTRUCTURE
Sec. 401. Food date labeling.
Sec. 402. Support for national media campaigns to decrease the
incidence of food waste.
Sec. 403. Increase in resources for community facilities loans directed
at composting and waste-to-energy
operations.
Sec. 404. Expansion of rural utilities service water and waste disposal
program to provide loans and grants for
rural communities to adapt waste disposal
facilities to incorporate food waste-to-
energy operations.
Sec. 405. Grants for composting and food waste-to-energy projects.
TITLE I--FARMS
SEC. 101. USE OF RURAL ENERGY FOR AMERICA PROGRAM TO REDUCE FOOD AND
CROP WASTE.
(a) Increased Funding.--Section 9007(g)(1) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107(g)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) in subparagraph (E), by striking ``fiscal year 2014 and
each fiscal year thereafter.'' and inserting ``each of fiscal
years 2014 and 2015; and''; and
(3) by adding at the end the following new subparagraph:
``(F) $70,000,000 for fiscal year 2016 and each
fiscal year thereafter.''.
(b) Requirements Related to Installation of Anaerobic Digesters.--
Section 9007(c) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107(c)) is amended by adding at the end the following new
paragraph:
``(5) Requirements related to installation of anaerobic
digesters.--
``(A) In general.--In the case of a loan guarantee
or grant under this subsection to an agricultural
producer or rural small business to support the
installation of an anaerobic digester that will use
food or crop waste, or both, to produce energy, the
Secretary shall obtain from the recipient--
``(i) a written agreement entered into
between the recipient and a hunger-serving
organization providing for the recipient and
the organization to work together to ensure
that apparently wholesome food (as defined in
section 170(e)(3)(C)(iii) of the Internal
Revenue Code of 1986) generated by or provided
to the recipient for use in the anaerobic
digester is redistributed to the organization
for provision to people in need of food; and
``(ii) a written end-product recycling
plan, which shall provide for the disposal of
the material resulting from the anaerobic
digester, is made, in accordance with
guidelines which the Administrator of the
Environmental Protection Agency shall
establish, that ensures that the disposal of
such material does not create an environmental
hazard.
``(B) Hunger-serving organization defined.--In
subparagraph (A), the term `hunger-serving
organization' means--
``(i) a food bank (as defined in section
201A(5) of the Emergency Food Assistance Act of
1983);
``(ii) a food pantry (as defined in section
201A(6) of such Act); or
``(iii) a soup kitchen (as defined in
section 201A(8) of such Act).''.
(c) Set-Aside for Anaerobic Digesters.--Section 9007(g) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is amended
by adding at the end the following new paragraph:
``(4) Set-aside for anaerobic digesters.--Of the funds made
available for each fiscal year under this subsection, not less
than $20,000,000 shall be available to support the installation
of anaerobic digesters that use food or crop waste, or both, to
produce energy. Such funds shall remain available until
expended.''.
SEC. 102. FARM STORAGE FACILITY LOAN PROGRAM.
(a) Inclusion of Refrigerated Vehicle as Eligible Facility.--
Section 1614(a) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8789(a)) is amended by striking ``construct or upgrade storage
and handling facilities'' and inserting ``acquire, construct, or
upgrade storage, handling, and transportation facilities, which may
include refrigerated vehicles to improve storage and marketing,''.
(b) Set-Aside To Improve Producer and Emergency Feeding
Organization Cooperation.--Section 1614 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8789) is amended by adding at the end the
following new subsection:
``(g) Set-Aside To Improve Cooperation Between Producers and
Emergency Feeding Organizations.--Of the funds made available for a
fiscal year for storage facility loans under this section, the
Secretary shall reserve at least 5 percent for eligible producers that,
in cooperation with an emergency feeding organization, agree to use the
storage facility loan to acquire, construct, or upgrade storage,
handling, and transportation facilities to improve the ability of the
producer to provide commodities to an emergency feeding organization
and the ability of the emergency feeding organization to provide
commodities to eligible recipients. In this subsection, the term
`emergency feeding organization' has the meaning given that term in
section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7501).''.
SEC. 103. COMPOSTING AS CONSERVATION PRACTICE.
Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.)
is amended--
(1) in section 1201(a), by adding at the end the following:
``(28) Composting practice.--The term `composting practice'
includes--
``(A) activities to produce compost, including
activities that do not require the use of a composting
facility; and
``(B) the use of compost.'';
(2) in section 1238D(2)(B)(i), by inserting ``and
composting practices'' after ``agriculture drainage management
systems''; and
(3) in section 1240A(4)(A)(ii), by inserting ``, including
composting practices'' before the semicolon.
SEC. 104. STUDY AND REPORT ON METHODS TO DECREASE THE INCIDENCE OF FOOD
WASTE.
(a) Study.--The Secretary of Agriculture shall conduct a study on--
(1) new technologies to increase the period during which an
agricultural product may be stored before such product is
considered adulterated under State or Federal law; and
(2) a method to measure the amount of agricultural products
that are disposed of each year by the farms that produce such
products.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Agriculture shall submit to Congress a
report that contains--
(1) the results of the study conducted under subsection
(a); and
(2) the recommendations of the Secretary with respect to
methods of decreasing the incidence of food waste.
(c) Agricultural Product Defined.--In this section, the term
``agricultural product'' has the meaning given the term ``agricultural
products'' in section 207 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1626).
TITLE II--RETAIL AND RESTAURANTS
SEC. 201. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR
CONTRIBUTIONS OF FOOD INVENTORY.
(a) Permanent Extension.--Section 170(e)(3)(C) of the Internal
Revenue Code of 1986 is amended by striking clause (iv).
(b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as
amended by subsection (a), is amended by striking clause (ii), by
redesignating clause (iii) as clause (iv), and by inserting after
clause (i) the following new clauses:
``(ii) Limitation.--The aggregate amount of
such contributions for any taxable year which
may be taken into account under this section
shall not exceed--
``(I) in the case of any taxpayer
other than a C corporation, 15 percent
of the taxpayer's aggregate net income
for such taxable year from all trades
or businesses from which such
contributions were made for such year,
computed without regard to this
section, and
``(II) in the case of a C
corporation, 15 percent of taxable
income (as defined in subsection
(b)(2)(D)).
``(iii) Rules related to limitation.--
``(I) Carryover.--If such aggregate
amount exceeds the limitation imposed
under clause (ii), such excess shall be
treated (in a manner consistent with
the rules of subsection (d)) as a
charitable contribution described in
clause (i) in each of the 5 succeeding
taxable years in order of time.
``(II) Coordination with overall
corporate limitation.--In the case of
any charitable contribution allowable
under clause (ii)(II), subsection
(b)(2)(A) shall not apply to such
contribution, but the limitation
imposed by such subsection shall be
reduced (but not below zero) by the
aggregate amount of such contributions.
For purposes of subsection (b)(2)(B),
such contributions shall be treated as
allowable under subsection
(b)(2)(A).''.
(c) Determination of Basis for Certain Taxpayers.--Section
170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is
amended by adding at the end the following new clause:
``(v) Determination of basis for certain
taxpayers.--If a taxpayer--
``(I) does not account for
inventories under section 471, and
``(II) is not required to
capitalize indirect costs under section
263A,
the taxpayer may elect, solely for purposes of
subparagraph (B), to treat the basis of any
apparently wholesome food as being equal to 25
percent of the fair market value of such
food.''.
(d) Determination of Fair Market Value.--Section 170(e)(3)(C) of
such Code, as amended by subsections (a), (b), and (c), is amended by
adding at the end the following new clause:
``(vi) Determination of fair market
value.--In the case of any such contribution of
apparently wholesome food which cannot or will
not be sold solely by reason of internal
standards of the taxpayer, lack of market, or
similar circumstances, or by reason of being
produced by the taxpayer exclusively for the
purposes of transferring the food to an
organization described in subparagraph (A), the
fair market value of such contribution shall be
determined--
``(I) without regard to such
internal standards, such lack of
market, such circumstances, or such
exclusive purpose, and
``(II) by taking into account the
price at which the same or
substantially the same food items (as
to both type and quality) are sold by
the taxpayer at the time of the
contribution (or, if not so sold at
such time, in the recent past).''.
(e) Nonprofit Retail Sales.--Section 170(e)(3)(C) of such Code, as
amended by subsections (a), (b), (c), and (d), is amended by adding at
the end the following new clause:
``(vii) Nonprofit retail sale.--For
purposes of clause (i), a charitable
contribution of food includes a contribution to
or for the use of an organization described in
subsection (c) that is a food bank, food
pantry, soup kitchen, or other similar
organization which holds such food for
nonprofit retail sale. For purposes of the
preceding sentence, the terms `food bank',
`food pantry', and `soup kitchen' have the
meanings given such terms by section 201A of
the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501).''.
(f) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
contributions made after the date of the enactment of this Act,
in taxable years ending after such date.
(2) Limitation; applicability to c corporations.--The
amendments made by subsection (b) shall apply to contributions
made in taxable years ending after the date of the enactment of
this Act.
SEC. 202. GOOD SAMARITAN FOOD DONATION.
(a) Definition of Ultimate Distribution.--Section 22(b) of the
Child Nutrition Act of 1966 (42 U.S.C. 1791(b)) is amended by adding at
the end the following new paragraph:
``(11) Ultimate distribution.--The term `ultimate
distribution' means any method by which an individual receives
a product from an entity, including by donation or at a reduced
cost.''.
(b) Local Health Laws and Regulations.--Section 22 of the Child
Nutrition Act of 1966 (42 U.S.C. 1791) is amended--
(1) in subsections (b)(1), (b)(2), and (e) by striking
``Federal, State, and local'' and inserting ``Federal and
State''; and
(2) in subsection (f), by striking ``or local''.
(c) Conforming Amendment.--Section 22(e)(2) of the Child Nutrition
Act of 1966 (42 U.S.C. 1791(e)(2)) is amended by striking
``distribution'' and inserting ``ultimate distribution to needy
individuals''.
SEC. 203. REPORT ON FOOD DONATION BY RETAIL FOOD STORES.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Agriculture shall submit to Congress a report that
contains the recommendations of the Secretary with respect to methods
of increasing food donation by retail food stores, as defined by the
Secretary.
SEC. 204. USE OF COMMODITY CREDIT CORPORATION FUNDS TO COVER EMERGENCY
FOOD ASSISTANCE PROGRAM STORAGE AND DISTRIBUTION COSTS.
(a) Use of Commodity Credit Corporation Funds.--Section 204(a)(1)
of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)) is
amended--
(1) in the first sentence, by striking ``There are
authorized to be appropriated $100,000,000 for fiscal year 2008
and each fiscal year thereafter, for the Secretary to make
available to the States'' and inserting ``Using funds of the
Commodity Credit Corporation, the Secretary shall make
available to the States $100,000,000 for fiscal year 2016 and
each fiscal year thereafter''; and
(2) in the second sentence, by striking ``Funds
appropriated'' and inserting ``Funds made available''.
(b) Relation to Other Commodity Credit Corporation Expenditures.--
Section 204(b) of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7508(b)) is amended by striking ``appropriations made or authorized
under this section'' and inserting ``amounts made available under
subsection (a)(1)''.
(c) Clerical Amendment.--The heading of section 204 of the
Emergency Food Assistance Act of 1983 (7 U.S.C. 7508) is amended to
read as follows:
``SEC. 204. FUNDS FOR STATE STORAGE AND DISTRIBUTION COSTS.''.
TITLE III--SCHOOLS AND OTHER INSTITUTIONS
SEC. 301. ESTABLISHMENT OF THE OFFICE OF FOOD RECOVERY.
The Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 is amended by inserting after section 309 (7
U.S.C. 6921) the following new section:
``SEC. 310. OFFICE OF FOOD RECOVERY.
``(a) Office Established.--The Secretary of Agriculture shall
establish within the Department of Agriculture an office to be known as
the `Office of Food Recovery' to coordinate Federal programs to measure
and reduce the incidence of food waste.
``(b) Director of Food Recovery.--The Office shall be headed by a
Director, to be appointed by the Secretary.
``(c) Duties.--The Director of the Office of Food Recovery shall--
``(1) support and promote Federal programs to reduce the
incidence of food waste; and
``(2) make recommendations with respect to reducing the
incidence of food waste.''.
SEC. 302. AMENDMENTS TO FEDERAL FOOD DONATION ACT TO REQUIRE FOOD
DONATIONS BY EXECUTIVE AGENCIES AND CONGRESS.
(a) Requirement.--The Federal Food Donation Act of 2008 (Public Law
110-247; 42 U.S.C. 1792) is amended--
(1) in section 2, by striking ``encourage'' and inserting
``require''; and
(2) in section 4(a)(1), by striking ``encourages'' and
inserting ``requires''.
(b) Definition of Agencies Covered.--Section 3 of such Act is
amended by adding at the end the following new paragraph:
``(5) Executive agency.--The term `executive agency' has
the meaning provided that term in section 133 of title 41,
United States Code.''.
(c) Deadline.--Section 4(a) of such Act is amended by striking
``Not later than'' and all that follows through ``421)'' and inserting
``Not later than 180 days after the date of the enactment of the Food
Recovery Act of 2015, the Federal Acquisition Regulation issued in
accordance with section 1121 of title 41, United States Code,''.
(d) Expansion of Contracts Covered.--Section 4(a) of such Act is
amended by striking ``$25,000'' and inserting ``$10,000''.
(e) Coverage of Congress.--Section 4 of such Act is amended by
adding at the end the following new subsection:
``(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 carrying out
paragraph (1)--
``(A) the Chief Administrative Officer of the House
of Representatives shall be considered the head of the
House of Representatives; and
``(B) the Secretary of the Senate shall be
considered the head of the Senate.''.
(f) Authorization of Appropriations.--Such Act is further amended
by adding at the end the following new section:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $10,000,000 each fiscal
year to the Secretary of Agriculture to enforce this Act.''.
SEC. 303. FOOD AND AGRICULTURE SERVICE LEARNING PROGRAM.
(a) Purposes and Priorities.--Section 413 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7633)
is amended--
(1) in subsection (a), by striking ``and improve the
nutritional health of children'' and inserting ``, improve the
nutritional health of children, and raise public awareness
about wasted food and the use of food recovery efforts to
reduce the quantity of wasted food'';
(2) in subsection (b)--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following
new paragraph:
``(4) to raise public awareness about the consequences of
wasted food and to encourage the implementation of food
recovery initiatives to reduce the quantity of wasted food;'';
and
(3) in subsection (c)(2)(C), by striking ``and where food
comes from'' and inserting ``, where food comes from, the
consequences of food waste, and food recovery initiatives''.
(b) Funding.--Section 413 of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7633) is amended--
(1) in subsection (a), by striking ``Subject to the
availability of appropriations under subsection (e), the
Secretary'' and inserting ``The Secretary''; and
(2) in subsection (e), by striking paragraph (1) and
inserting the following new paragraph:
``(1) Source of funds.--Using funds of the Commodity Credit
Corporation, the Secretary shall make available $5,000,000 for
fiscal year 2016 and for each fiscal year thereafter to carry
out the Program. Such amounts shall remain available until
expended.''.
SEC. 304. FARM TO SCHOOL GRANT PROGRAM TO IMPROVE ACCESS TO LOCAL FOODS
IN SCHOOLS AND REDUCE FOOD WASTE.
(a) Purpose of Grant Program.--Section 18(g)(3)(A)(v) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769(g)(3)(A)(v)) is amended by inserting before the semicolon the
following: ``and reducing food waste at both the school and farm
level''.
(b) Funding.--Section 18(g)(8)(A) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)(8)(A))--
(1) by striking ``On October 1, 2012, and each October 1
thereafter, out'' and inserting ``Out''; and
(2) by striking ``$5,000,000, to remain available until
expended.'' and inserting ``$5,000,000 on October 1, 2012, and
each October 1 thereafter through October 1, 2015, and
$6,000,000 on October 1, 2016, and each October 1 thereafter.
Amounts made available under this subparagraph shall remain
available until expended.''
(c) Set-Aside for Food Waste Reduction Grants.--Section 18(g)(3) of
the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)(3))
is amended by adding at the end the following new subparagraph:
``(D) Set-aside for food waste reduction grants.--
Of the funds made available for a fiscal year for
grants under this subsection, the Secretary shall
reserve at least $1,000,000 for grants to implement
farm to school programs designed to both facilitate a
school's use of food from farms that would otherwise go
to waste and projects that provide farms with
compostable materials from schools, including food
scraps, and compostable lunch trays and utensils.''.
SEC. 305. MODIFICATION OF NATIONAL SCHOOL LUNCH PROGRAM PROCUREMENT
REQUIREMENTS TO ENCOURAGE PURCHASE OF LOWER-PRICE, NON-
STANDARD SIZE OR SHAPE PRODUCE.
Section 9(a)(4)(C) of the Richard B. Russell National School Lunch
Act (7 U.S.C. 2011 et seq.(a)(4)(C)) is amended by striking clause (ii)
and inserting the following new clause (ii):
``(ii) in the product specifications and
practices required by clause (i), encourage
State departments of agriculture and education,
school food authorities, local educational
agencies, and local processing entities to
purchase lower-price, non-standard size or
shape produce to be used in school nutrition
programs under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.); and''.
TITLE IV--CONSUMERS AND LOCAL INFRASTRUCTURE
SEC. 401. FOOD DATE LABELING.
(a) Misbranding.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z) If it is food whose date labeling is in violation of section
424.''.
(b) Requirements.--Chapter IV of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end
the following:
``SEC. 424. DATE LABELING.
``(a) In General.--If the labeling of food includes a date by which
the food is recommended to be sold or consumed, such date--
``(1) shall be immediately preceded by the words `Best if
Used By';
``(2) shall be immediately followed by the statement
`Manufacturer's Suggestion Only' in the same size, font, and
color as such date; and
``(3) shall not be characterized as a sell-by, use-by,
best-by, quality best-by, expires on, or other similar date.
``(b) High-Risk Foods.--
``(1) Definition.--In this subsection, the term `high-risk
food' means food for which a listing pursuant to paragraph (3)
is in effect.
``(2) Labeling.--If the labeling of any high-risk food
includes a date by which the food is recommended to be sold or
consumed, such date--
``(A) shall be immediately preceded by the words
`Expires on';
``(B) shall be immediately followed by the
statement `Manufacturer's Suggestion Only' in the same
size, font, and color as such date; and
``(C) shall not be characterized as a sell-by, use-
by, best-by, quality best-by, freshest by, or other
similar date.
``(3) List.--The Secretary shall--
``(A) not later than 180 days after the date of the
enactment of this section, publish a list of foods
that--
``(i) are sold ready-to-eat; and
``(ii) have a high risk of microbial
contamination if not consumed by a certain
date; and
``(B) periodically review and, as appropriate,
update such list.
``(c) Exception.--This section does not apply with respect to
infant formula subject to section 412.''.
(c) Applicability.--The requirements of sections 403(z) and 424 of
the Federal Food, Drug, and Cosmetic Act, as added by this section,
apply beginning on the date that is 1 year after the date of enactment
of this Act, except that subsection (b)(3) of such section 424 is not
subject to such delay in applicability.
SEC. 402. SUPPORT FOR NATIONAL MEDIA CAMPAIGNS TO DECREASE THE
INCIDENCE OF FOOD WASTE.
(a) In General.--The Secretary of Agriculture shall support
national media campaigns to decrease the incidence of food waste.
(b) Mandatory Funding.--The Secretary of Agriculture shall use
$8,000,000 of funds of the Commodity Credit Corporation to carry out
this section for fiscal year 2017. Such funds shall remain available
until expended.
SEC. 403. INCREASE IN RESOURCES FOR COMMUNITY FACILITIES LOANS DIRECTED
AT COMPOSTING AND WASTE-TO-ENERGY OPERATIONS.
Section 306(a)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 926(a)(1)) is amended by inserting after the 1st sentence
the following: ``5 percent of the amounts made available for each
fiscal year for loans for essential community facilities under the
preceding sentence shall be reserved for loans, in accordance with
section 306(e)(2), for municipal or county composting and anaerobic
digestion food waste-to-energy projects.''.
SEC. 404. EXPANSION OF RURAL UTILITIES SERVICE WATER AND WASTE DISPOSAL
PROGRAM TO PROVIDE LOANS AND GRANTS FOR RURAL COMMUNITIES
TO ADAPT WASTE DISPOSAL FACILITIES TO INCORPORATE FOOD
WASTE-TO-ENERGY OPERATIONS.
Section 306 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926) is amended by adding at the end the following:
``(e) Water or Waste Disposal Loans and Grants for Projects To
Incorporate Food Waste-to-Energy Operations in Waste Disposal
Facilities.--
``(1) In general.--Notwithstanding any other provision of
law, beginning in fiscal year 2016, in addition to any other
amounts available for water or waste disposal loans and grants
under paragraphs (1) and (2) of subsection (a), $50,000,000 of
the funds of the Commodity Credit Corporation for each fiscal
year shall be available for the loans and grants, of which the
Secretary shall use--
``(A) $25,000,000 for loans, in accordance with
paragraph (2), for the adaptation of waste disposal
facilities to incorporate anaerobic digestion food
waste-to-energy operations; and
``(B) $25,000,000 for grants, in accordance with
paragraph (2), for the adaptation of waste disposal
facilities to incorporate anaerobic digestion food
waste-to-energy operations.
``(2) Requirements.--
``(A) In general.--A loan or grant is made in
accordance with this paragraph if, before making the
loan or grant, the Secretary has obtained from the
recipient--
``(i) a written agreement entered into
between the recipient and a hunger-serving
organization providing for the recipient and
the organization to work together to ensure
that apparently wholesome food (as defined in
section 170(e)(3)(C)(iii) of the Internal
Revenue Code of 1986) provided to the recipient
is redistributed to the organization for
provision to people in need of food; and
``(ii) a written end-product recycling
plan, which shall provide for the disposal of
the material resulting from any food-to-waste
operation with respect to which the loan or
grant is made, in accordance with guidelines
which the Administrator of the Environmental
Protection Agency shall establish, that ensures
that the disposal does not create an
environmental hazard.
``(B) Hunger-serving organization defined.--In
subparagraph (A), the term `hunger-serving
organization' means--
``(i) a food bank (as defined in section
201A(5) of the Emergency Food Assistance Act of
1983);
``(ii) a food pantry (as defined in section
201A(6) of such Act); or
``(iii) a soup kitchen (as defined in
section 201A(8) of such Act).
``(3) Availability.--Funds made available under paragraph
(1) shall remain available until expended.''.
SEC. 405. GRANTS FOR COMPOSTING AND FOOD WASTE-TO-ENERGY PROJECTS.
(a) In General.--Subtitle G of the Solid Waste Disposal Act (42
U.S.C. 6971 et seq.) is amended by adding at the end the following:
``SEC. 7011. GRANTS FOR COMPOSTING AND FOOD WASTE-TO-ENERGY PROJECTS.
``(a) Grants.--The Administrator shall establish a grant program to
award grants to eligible States to construct large-scale composting or
food waste-to-energy anaerobic digestion projects.
``(b) Eligible States.--In order to be eligible to receive a grant
under this section, a State shall--
``(1) limit the amount of food waste that may be disposed
of in landfills in the State;
``(2) enter into a written agreement with a hunger-serving
organization providing for the State and the organization to
work together to ensure that apparently wholesome food (as
defined in section 170(e)(3)(C)(iii) of the Internal Revenue
Code of 1986) provided to the State for the project is
redistributed to the organization for provision to people in
need of food; and
``(3) have in place a written end-product recycling plan,
which shall provide for the disposal of the material resulting
from the project, in accordance with guidelines which the
Administrator of the Environmental Protection Agency shall
establish, that ensures that the disposal does not create an
environmental hazard.
``(c) Hunger-Serving Organization Defined.--In subsection (b), the
term `hunger-serving organization' means--
``(1) a food bank (as defined in section 201A(5) of the
Emergency Food Assistance Act of 1983);
``(2) a food pantry (as defined in section 201A(6) of such
Act); or
``(3) a soup kitchen (as defined in section 201A(8) of such
Act).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for each fiscal
year.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 7010 the
following new item:
``Sec. 7011. Grants for composting and food waste-to-energy
projects.''.
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