article: 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.