H.R.5841

            I 

116TH CONGRESS 
2D SESSION H. R. 5841 

To decrease the incidence of food waste, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2020 
Ms. PINGREE introduced the following bill; which was referred to the Com-

mittee on Agriculture, and in addition to the Committees on Ways and 
Means, Education and Labor, Energy and Commerce, Oversight and Re-
form, and House Administration, for a period to be subsequently deter-
mined 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 Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Food Recovery Act of 2020’’. 5

(b) TABLE OF CONTENTS.—The table of contents for 6

this Act is as follows: 7

Sec. 1. Short title; table of contents. 
Sec. 2. Definition of Secretary. 

TITLE I—FARMS 

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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 incidence of food waste. 

TITLE II—RETAIL AND RESTAURANTS 

Sec. 201. Good Samaritan food donation. 
Sec. 202. Report on food donation by retail food stores. 
Sec. 203. Use of Commodity Credit Corporation funds to cover Emergency 

Food Assistance Program storage and distribution costs. 
Sec. 204. Expansion of charitable deduction for contributions of food inventory. 

TITLE III—SCHOOLS AND OTHER INSTITUTIONS 

Sec. 301. Amendments to Federal Food Donation Act. 
Sec. 302. School Food Recovery Program. 
Sec. 303. Food and agriculture service learning program. 
Sec. 304. Modification of National School Lunch Program procurement require-

ments to encourage purchase of lower-price, nonstandard-size 
or -shape produce. 

TITLE IV—FOOD DATE LABELING 

Sec. 401. Short title. 
Sec. 402. Definitions. 
Sec. 403. Quality dates and discard dates. 
Sec. 404. Misbranding. 
Sec. 405. Regulations. 
Sec. 406. Delayed applicability. 

TITLE V—CONSUMERS AND LOCAL INFRASTRUCTURE 

Sec. 501. Support for national media campaigns to decrease incidence of food 
waste. 

Sec. 502. Increase in resources for community facilities loans directed at 
composting and anaerobic digestion food waste-to-energy oper-
ations. 

Sec. 503. 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 anaerobic digestion food 
waste-to-energy operations. 

Sec. 504. Grants for composting and anaerobic digestion food waste-to-energy 
projects. 

Sec. 505. Government Accountability Office audit. 
Sec. 506. Food waste recovery transportation grants. 
Sec. 507. Food waste research program. 
Sec. 508. Grants to research centers or non-profit organizations. 

SEC. 2. DEFINITION OF SECRETARY. 1

In this Act, the term ‘‘Secretary’’ means the Sec-2

retary of Agriculture. 3

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TITLE I—FARMS 1
SEC. 101. USE OF RURAL ENERGY FOR AMERICA PROGRAM 2

TO REDUCE FOOD AND CROP WASTE. 3

(a) REQUIREMENTS RELATING TO INSTALLATION OF 4

ANAEROBIC DIGESTERS.—Section 9007(c) of the Farm 5

Security and Rural Investment Act of 2002 (7 U.S.C. 6

8107(c)) is amended by adding at the end the following: 7

‘‘(5) REQUIREMENTS RELATING TO INSTALLA-8

TION OF ANAEROBIC DIGESTERS.—In the case of a 9

loan guarantee or grant provided under this sub-10

section to an agricultural producer or rural small 11

business to support the installation of an anaerobic 12

digester that will use food waste in addition to ma-13

nure to produce renewable energy, the Secretary 14

shall obtain from the recipient of the loan guarantee 15

or grant— 16

‘‘(A) a written commitment that the recipi-17

ent has read and agrees to comply with the 18

Food Recovery Hierarchy of the Environmental 19

Protection Agency, particularly as applied to 20

apparently wholesome food (as defined in sec-21

tion 22(b) of the Child Nutrition Act of 1966 22

(42 U.S.C. 1791(b))) that may be provided to, 23

or received by, the recipient; and 24

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‘‘(B) a written end-product recycling plan 1

that provides for the beneficial use of the mate-2

rial resulting from the anaerobic digester, in a 3

manner that meets all applicable Federal, 4

State, Tribal, and local laws safeguarding 5

human health and the environment.’’. 6

(b) FUNDING.—Section 9007(g)(1) of the Farm Se-7

curity and Rural Investment Act of 2002 (7 U.S.C. 8

8107(g)(1)) is amended— 9

(1) in subparagraph (D), by striking ‘‘and’’ at 10

the end; 11

(2) in subparagraph (E), by striking ‘‘fiscal 12

year 2014 and each fiscal year thereafter.’’ and in-13

serting ‘‘each of fiscal years 2014 through 2020; 14

and’’; and 15

(3) by adding at the end the following: 16

‘‘(F) $70,000,000 for fiscal year 2021 and 17

each fiscal year thereafter, of which not less 18

than $20,000,000 shall be reserved for use for 19

loan guarantees and grants described in sub-20

section (c)(5).’’. 21

SEC. 102. FARM STORAGE FACILITY LOAN PROGRAM. 22

Section 1614(a) of the Food, Conservation, and En-23

ergy Act of 2008 (7 U.S.C. 8789(a)) is amended by strik-24

ing ‘‘to construct or upgrade storage and handling facili-25

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ties’’ and inserting ‘‘to acquire, construct, or upgrade stor-1

age, handling, and transportation facilities, which may in-2

clude refrigerated vehicles to improve storage and mar-3

keting and other means to reduce food waste,’’. 4

SEC. 103. COMPOSTING AS CONSERVATION PRACTICE. 5

(a) DEFINITIONS.—Section 1201(a) of the Food Se-6

curity Act of 1985 (16 U.S.C. 3801(a)) is amended— 7

(1) by redesignating paragraphs (3) through 8

(27) as paragraphs (4) through (28), respectively; 9

and 10

(2) by inserting after paragraph (2) the fol-11

lowing: 12

‘‘(3) COMPOSTING PRACTICE.—The term 13

‘composting practice’ means— 14

‘‘(A) an activity (including an activity that 15

does not require the use of a composting facil-16

ity) to produce compost from organic waste 17

that is— 18

‘‘(i) generated on a farm; or 19

‘‘(ii) brought to a farm from the near-20

by community; and 21

‘‘(B) the use of compost on a farm to im-22

prove water retention and soil health, subject to 23

the condition that such a use shall be in compli-24

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ance with applicable Federal, State, Tribal, and 1

local laws.’’. 2

(b) CONSERVATION STEWARDSHIP PROGRAM.—Sec-3

tion 1238D(2)(B)(i) of the Food Security Act of 1985 (16 4

U.S.C. 3838d(2)(B)(i)) is amended by inserting ‘‘and 5

composting practices’’ after ‘‘agriculture drainage man-6

agement systems’’. 7

(c) ENVIRONMENTAL QUALITY INCENTIVES PRO-8

GRAM.—Section 1240A(4)(A)(ii) of the Food Security Act 9

of 1985 (16 U.S.C. 3839aa–1(4)(A)(ii)) is amended by in-10

serting ‘‘, including composting practices’’ before the semi-11

colon at the end. 12

(d) DELIVERY OF TECHNICAL ASSISTANCE.—Section 13

1242(h) of the Food Security Act of 1985 (16 U.S.C. 14

3842(h)) is amended by adding at the end the following: 15

‘‘(4) DEVELOPMENT OF COMPOSTING PRACTICE 16

STANDARD.—In addition to conducting a review of 17

any composting facilities practice standard under 18

this subsection, the Secretary shall develop and im-19

plement a composting practice standard.’’. 20

SEC. 104. STUDY AND REPORT ON METHODS TO DECREASE 21

INCIDENCE OF FOOD WASTE. 22

(a) DEFINITION OF AGRICULTURAL PRODUCT.—In 23

this section, the term ‘‘agricultural product’’ has the 24

meaning given the term ‘‘agricultural products’’ in section 25

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207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1

1626). 2

(b) STUDY.—The Secretary shall conduct a study re-3

garding— 4

(1) new technologies to increase the period dur-5

ing which an agricultural product may be stored be-6

fore the agricultural product is considered adulter-7

ated under State or Federal law; and 8

(2) a method to measure the quantity of agri-9

cultural product that is not harvested or sent to 10

market each year by the farms that produce the ag-11

ricultural product. 12

(c) REPORT.—Not later than 1 year after the date 13

of enactment of this Act, the Secretary shall submit to 14

Congress a report that includes— 15

(1) the results of the study conducted under 16

subsection (b); and 17

(2) the recommendations of the Secretary with 18

respect to methods of decreasing the incidence of 19

food waste. 20

TITLE II—RETAIL AND 21
RESTAURANTS 22

SEC. 201. GOOD SAMARITAN FOOD DONATION. 23

(a) IN GENERAL.—The Bill Emerson Good Samari-24

tan Food Donation Act (42 U.S.C. 1791) is amended— 25

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(1) in subsection (b)— 1

(A) in paragraph (1)— 2

(i) by striking ‘‘quality and labeling’’ 3

and inserting ‘‘safety and safety-related la-4

beling’’; and 5

(ii) by inserting ‘‘passage of a date on 6

a date label,’’ after ‘‘surplus,’’; 7

(B) in paragraph (2)— 8

(i) by striking ‘‘quality and labeling’’ 9

and inserting ‘‘safety and safety-related la-10

beling’’; and 11

(ii) by inserting ‘‘passage of a date on 12

a date label,’’ after ‘‘surplus,’’; 13

(C) in paragraph (3), by striking ‘‘not re-14

quired to give anything of monetary value’’ and 15

inserting ‘‘not required to give anything of 16

monetary value or charged a good Samaritan 17

reduced price’’; 18

(D) by redesignating paragraphs (6), (7), 19

(8), (9), and (10) as paragraphs (7), (8), (9), 20

(10), and (11), respectively; and 21

(E) by inserting after paragraph (5) the 22

following: 23

‘‘(6) GOOD SAMARITAN REDUCED PRICE.—The 24

term ‘good Samaritan reduced price’ means the 25

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price of an apparently wholesome food or an appar-1

ently fit grocery product that is an amount not 2

greater than the cost of handling, administering, and 3

distributing the apparently wholesome food or ap-4

parently fit grocery product.’’; and 5

(2) in subsection (c)— 6

(A) in paragraph (1), by inserting ‘‘or sells 7

at a good Samaritan reduced price’’ after ‘‘do-8

nates in good faith’’; 9

(B) in paragraph (2), by inserting ‘‘or 10

from a sale at a good Samaritan reduced price’’ 11

after ‘‘donation in good faith’’; 12

(C) by redesignating paragraph (3) as 13

paragraph (4); 14

(D) by inserting after paragraph (2) the 15

following: 16

‘‘(3) DIRECT DONATIONS TO NEEDY INDIVID-17

UALS.— 18

‘‘(A) IN GENERAL.—A qualified direct 19

donor described in subparagraph (B) shall not 20

be subject to civil or criminal liability arising 21

from the nature, age, packaging, or condition of 22

apparently wholesome food or an apparently fit 23

grocery product that the qualified direct donor 24

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donates in good faith or sells at a good Samari-1

tan reduced price to a needy individual. 2

‘‘(B) QUALIFIED DIRECT DONOR DE-3

SCRIBED.—A qualified direct donor referred to 4

in subparagraph (A) is a retail grocer, whole-5

saler, agricultural producer, restaurant, caterer, 6

school food authority, or institution of higher 7

education (as defined in section 102 of the 8

Higher Education Act of 1965 (20 U.S.C. 9

1002)).’’; and 10

(E) in paragraph (4) (as redesignated by 11

subparagraph (C)), by striking ‘‘Paragraphs (1) 12

and (2)’’ and inserting ‘‘Paragraphs (1), (2), 13

and (3)’’. 14

(b) REGULATIONS; GUIDANCE.—Not later than 180 15

days after the date of enactment of this Act, the Secretary 16

shall— 17

(1) in consultation with the Secretary of Health 18

and Human Services, issue regulations with respect 19

to the safety and safety-related labeling standards of 20

an apparently wholesome food and an apparently fit 21

grocery product under the Bill Emerson Good Sa-22

maritan Food Donation Act (42 U.S.C. 1791) (as 23

amended by subsection (a)); 24

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(2) promote awareness of food donation under 1

that Act (as amended by subsection (a)); and 2

(3) issue guidance with respect to the amend-3

ments made by subsection (a). 4

SEC. 202. REPORT ON FOOD DONATION BY RETAIL FOOD 5

STORES. 6

Not later than 1 year after the date of enactment 7

of this Act, the Secretary shall submit to Congress a re-8

port describing the recommendations of the Secretary with 9

respect to methods of increasing food donation by retail 10

food stores, as defined by the Secretary. 11

SEC. 203. USE OF COMMODITY CREDIT CORPORATION 12

FUNDS TO COVER EMERGENCY FOOD ASSIST-13

ANCE PROGRAM STORAGE AND DISTRIBU-14

TION COSTS. 15

Section 204 of the Emergency Food Assistance Act 16

of 1983 (7 U.S.C. 7508) is amended— 17

(1) by striking the section designation and 18

heading and all that follows through ‘‘available to 19

the States’’ in the first sentence of subsection (a)(1) 20

and inserting the following: 21

‘‘SEC. 204. FUNDS FOR STATE STORAGE AND DISTRIBUTION 22

COSTS. 23

‘‘(a) AUTHORIZATION.— 24

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‘‘(1) PROCESSING, STORAGE, TRANSPORT, AND 1

DISTRIBUTION.— 2

‘‘(A) IN GENERAL.—Using funds of the 3

Commodity Credit Corporation, the Secretary 4

shall make available to the States $100,000,000 5

for fiscal year 2021 and each fiscal year there-6

after’’; 7

(2) in subsection (a)(1)— 8

(A) in the second sentence, by striking 9

‘‘Funds appropriated’’ and inserting the fol-10

lowing: 11

‘‘(B) METHOD OF ALLOCATION.—Funds 12

made available’’; and 13

(B) in the third sentence, by striking ‘‘If 14

a State’’ and inserting the following: 15

‘‘(C) UNUSED FUNDS.—If a State’’; and 16

(3) in subsection (b)— 17

(A) by striking ‘‘(b) The value’’ and insert-18

ing the following: 19

‘‘(b) TREATMENT.—The value’’; and 20

(B) by striking ‘‘appropriations made or 21

authorized under this section’’ and inserting 22

‘‘amounts made available under subsection 23

(a)(1)’’. 24

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SEC. 204. EXPANSION OF CHARITABLE DEDUCTION FOR 1

CONTRIBUTIONS OF FOOD INVENTORY. 2

(a) NONPROFIT RETAIL SALES.—Section 3

170(e)(3)(C) of the Internal Revenue Code of 1986 is 4

amended by adding at the end the following new clause: 5

‘‘(vii) NONPROFIT RETAIL SALE.—For 6

purposes of clause (i), a charitable con-7

tribution of food includes a contribution to 8

or for the use of an organization described 9

in subsection (c) that is a food bank, food 10

pantry, soup kitchen, or other similar orga-11

nization which holds such food for non-12

profit retail sale. For purposes of the pre-13

ceding sentence, the terms ‘food bank’, 14

‘food pantry’, and ‘soup kitchen’ have the 15

meanings given such terms by section 16

201A of the Emergency Food Assistance 17

Act of 1983 (7 U.S.C. 7501).’’. 18

(b) EFFECTIVE DATE.—Except as otherwise provided 19

in this subsection, the amendment made by this section 20

shall apply to contributions made after the date of the en-21

actment of this Act, in taxable years ending after such 22

date. 23

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TITLE III—SCHOOLS AND OTHER 1
INSTITUTIONS 2

SEC. 301. AMENDMENTS TO FEDERAL FOOD DONATION 3

ACT. 4

(a) PURPOSE.—Section 2 of the Federal Food Dona-5

tion Act of 2008 (Public Law 110–247; 42 U.S.C. 1792 6

note) is amended by striking ‘‘encourage’’ and inserting 7

‘‘require’’. 8

(b) DEFINITIONS.—Section 3 of the Federal Food 9

Donation Act of 2008 (Public Law 110–247; 42 U.S.C. 10

1792 note) is amended— 11

(1) by redesignating paragraphs (3) and (4) as 12

paragraphs (4) and (5), respectively; and 13

(2) by inserting after paragraph (2) the fol-14

lowing: 15

‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 16

agency’ has the meaning given the term in section 17

133 of title 41, United States Code.’’. 18

(c) REPORT ON FOOD WASTE BY CERTAIN FEDERAL 19

CONTRACTORS.—Section 4 of the Federal Food Donation 20

Act of 2008 (Public Law 110–247; 42 U.S.C. 1792) is 21

amended— 22

(1) by amending subsection (a) to read as fol-23

lows: 24

‘‘(a) IN GENERAL.— 25

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‘‘(1) REQUIREMENT.—Not later than 180 days 1

after the date of enactment of the Act, the Federal 2

Acquisition Regulation issued in accordance with 3

section 1121 of title 41, United States Code, shall 4

be revised to provide that, except as provided in 5

paragraph (2), all contracts of more than $10,000 6

for the provision, service, or sale of food in the 7

United States, or for the lease or rental of Federal 8

property to a private entity for events at which food 9

is provided in the United States, shall include a 10

clause that— 11

‘‘(A) requires the donation of excess, ap-12

parently wholesome food to nonprofit organiza-13

tions that provide assistance to food-insecure 14

people in the United States; 15

‘‘(B) states the terms and conditions de-16

scribed in subsection (b); and 17

‘‘(C) requires the annual submission, in a 18

form and manner specified by the executive 19

agency awarding the contract, of the report de-20

scribed in subsection (d). 21

‘‘(2) EXCEPTION.—Paragraph (1) shall not 22

apply to a contract with an executive agency that 23

has issued a regulation in effect on the date of en-24

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actment of the Act that prohibits a donation de-1

scribed in paragraph (1)(A).’’; 2

(2) by adding at the end the following new sub-3

sections: 4

‘‘(c) APPLICATION TO CONGRESS.— 5

‘‘(1) CONTRACTS.—This Act shall apply to the 6

House of Representatives and to contracts entered 7

into by the House of Representatives, and to the 8

Senate and to contracts entered into by the Senate, 9

in the same manner and to the same extent as this 10

Act applies to an executive agency and to contracts 11

entered into by an executive agency. 12

‘‘(2) ADMINISTRATION.—For purposes of car-13

rying out paragraph (1)— 14

‘‘(A) the Chief Administrative Officer of 15

the House of Representatives shall be consid-16

ered to be the head of the House of Representa-17

tives; and 18

‘‘(B) the Secretary of the Senate shall be 19

considered to be the head of the Senate. 20

‘‘(d) DATA; REPORTS.— 21

‘‘(1) REPORT DESCRIBED.—The report de-22

scribed in this subsection, with respect to a contract 23

described in subsection (a) entered into by a con-24

tractor and an executive agency, is a report from the 25

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contractor to the executive agency that describes, for 1

each month of performance of the contract during 2

the year covered by the report, the weight of appar-3

ently wholesome food that was, pursuant to the con-4

tract, disposed of in each of the following manners: 5

‘‘(A) DONATION.—Donation by the con-6

tractor pursuant to this Act (organized by the 7

name of the organization receiving such food). 8

‘‘(B) COMPOSTING.—Composting or other 9

recycling by the contractor. 10

‘‘(C) DISCARDING.—Discarding by the 11

contractor (organized by the reason such food 12

was so discarded). 13

‘‘(2) REPORTS TO OMB.—Not later than 30 14

days after the date that an executive agency receives 15

a report pursuant to paragraph (1)(C), the agency 16

shall submit a copy of the report to the Director of 17

the Office of Management and Budget. 18

‘‘(3) REPORTS TO CONGRESS.—The Director of 19

the Office of Management and Budget shall submit 20

to Congress an annual report aggregating the infor-21

mation in the reports received pursuant to para-22

graph (2) during the year covered by the report.’’. 23

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(d) AUTHORIZATION OF APPROPRIATIONS.—The 1

Federal Food Donation Act of 2008 (42 U.S.C. 1792) is 2

amended by adding at the end the following: 3

‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 4

‘‘There is authorized to be appropriated to the Sec-5

retary of Agriculture to carry out this Act $10,000,000 6

for fiscal year 2021 and each fiscal year thereafter.’’. 7

SEC. 302. SCHOOL FOOD RECOVERY PROGRAM. 8

(a) SCHOOL FOOD WASTE REDUCTION GRANT PRO-9

GRAM.—Section 18 of the Richard B. Russell National 10

School Lunch Act (42 U.S.C. 1769) is amended by insert-11

ing before subsection (b) the following: 12

‘‘(a) SCHOOL FOOD WASTE REDUCTION GRANT PRO-13

GRAM.— 14

‘‘(1) GRANT PROGRAM ESTABLISHED.— 15

‘‘(A) IN GENERAL.—The Secretary shall 16

carry out a program to make grants, on a com-17

petitive basis, to eligible local educational agen-18

cies to carry out food waste measurement and 19

reporting, prevention, education, and reduction 20

projects. 21

‘‘(B) REGIONAL BALANCE.—In awarding 22

grants under this subsection, the Secretary 23

shall, to the maximum extent practicable, en-24

sure that— 25

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19 

•HR 5841 IH

‘‘(i) a grant is awarded to an eligible 1

local educational agency in each region 2

served by the Administrator of the Food 3

and Nutrition Service; and 4

‘‘(ii) equitable treatment of rural, 5

urban, and tribal communities. 6

‘‘(2) APPLICATION.—To be eligible to receive a 7

grant under this subsection, an eligible local edu-8

cational agency shall submit an application to the 9

Secretary at such time, in such manner, and con-10

taining such information as the Secretary may re-11

quire. 12

‘‘(3) PRIORITY.—In making grants under this 13

subsection the Secretary shall give priority to an eli-14

gible local educational agency that demonstrates in 15

the application under paragraph (2) that such eligi-16

ble local educational agency will use the grant to— 17

‘‘(A) carry out experiential education ac-18

tivities that encourage children enrolled in such 19

eligible local educational agency to participate 20

in food waste measurement and education; 21

‘‘(B) prioritize the best use of food in ac-22

cordance with the Food Recovery Hierarchy 23

published by the Administrator of the Environ-24

mental Protection Agency; 25

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20 

•HR 5841 IH

‘‘(C) with respect to food waste prevention 1

and reduction, collaborate with other eligible 2

local educational agencies, tribes, nongovern-3

mental and community-based organizations, 4

and other community partners; 5

‘‘(D) evaluate the activities described in 6

subparagraphs (A) through (C) and make eval-7

uation plans; and 8

‘‘(E) establish a food waste measurement, 9

prevention, and reduction project with long- 10

term sustainability. 11

‘‘(4) FEDERAL SHARE.— 12

‘‘(A) IN GENERAL.—The Federal share of 13

a food waste measurement, prevention, and re-14

duction project funded through a grant awarded 15

under this subsection shall not exceed 75 per-16

cent of the total cost of such food waste reduc-17

tion project. 18

‘‘(B) FEDERAL MATCHING.—As a condi-19

tion of receiving a grant under this subsection, 20

an eligible local educational agency shall provide 21

matching funds in the form of cash or in-kind 22

contributions, including facilities, equipment, or 23

services provided by State and local govern-24

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21 

•HR 5841 IH

ments, nonprofit organizations, and private 1

sources. 2

‘‘(5) USE OF FUNDS.—An eligible local edu-3

cational agency that receives a grant under this sec-4

tion shall use funds under such grant to carry out 5

at least one of the following: 6

‘‘(A) Planning a food waste measurement, 7

prevention, and reduction project. 8

‘‘(B) Carrying out activities under such a 9

project. 10

‘‘(C) Providing training to support such a 11

project. 12

‘‘(D) Purchasing equipment to support 13

such a project. 14

‘‘(E) Offering food waste education to stu-15

dents enrolled in such eligible local educational 16

agency. 17

‘‘(6) EVALUATION.— 18

‘‘(A) AGREEMENT.—As a condition of re-19

ceiving a grant under this subsection, each eli-20

gible local educational agency shall agree to co-21

operate in an evaluation by the Secretary of the 22

project carried out using grant funds. 23

‘‘(B) PERIODIC EVALUATION.—Not later 24

than 2 years after the date of the enactment of 25

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22 

•HR 5841 IH

this paragraph and every 2 years thereafter, the 1

Secretary shall carry out an evaluation of the 2

grants made under this section that includes— 3

‘‘(i) the amount of Federal funds used 4

to carry out such grants; and 5

‘‘(ii) an evaluation of the outcomes of 6

the projects carried out pursuant to such 7

grants. 8

‘‘(7) DEFINITION OF ELIGIBLE LOCAL EDU-9

CATIONAL AGENCY.—In this subsection, the term ‘el-10

igible local educational agency’ means a local edu-11

cational agency that participates in the school lunch 12

program under this Act or the school breakfast pro-13

gram established under section 4 of the Child Nutri-14

tion Act of 1966 (42 U.S.C. 1773).’’. 15

(b) TECHNICAL ASSISTANCE.—Section 21(b) of the 16

Richard B. Russell National School Lunch Act (42 U.S.C. 17

1769b–1(b)) is amended— 18

(1) in paragraph (2), by striking ‘‘and’’ at the 19

end; 20

(2) in paragraph (3), by striking the period at 21

the end and inserting ‘‘; and’’; and 22

(3) by adding at the end the following: 23

‘‘(4) food waste measurement, prevention, and 24

reduction.’’. 25

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23 

•HR 5841 IH

SEC. 303. FOOD AND AGRICULTURE SERVICE LEARNING 1

PROGRAM. 2

Section 413 of the Agricultural Research, Extension, 3

and Education Reform Act of 1998 (7 U.S.C. 7633) is 4

amended— 5

(1) in subsection (b)(4), by inserting ‘‘to pro-6

mote agricultural education, to raise awareness re-7

garding the consequences of wasted food, and to en-8

courage the implementation of food recovery initia-9

tives to reduce the quantity of wasted food’’ before 10

the semicolon; 11

(2) in subsection (c)— 12

(A) in paragraph (2)— 13

(i) in subparagraph (C), by striking 14

‘‘and where food comes from; and’’ and in-15

serting ‘‘, where food comes from, the con-16

sequences of food waste, and food recovery 17

initiatives;’’; 18

(ii) in subparagraph (D), by striking 19

the period at the end and inserting ‘‘; 20

and’’; and 21

(iii) by adding at the end the fol-22

lowing: 23

‘‘(E) have the capacity to carry out na-24

tional or regional projects that include 2 or 25

more States.’’; and 26

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24 

•HR 5841 IH

(B) by adding at the end the following: 1

‘‘(3) RESERVATION.—The majority of the funds 2

made available to carry out this subsection shall be 3

reserved for projects that— 4

‘‘(A) are larger in scale as compared to 5

other proposed projects; 6

‘‘(B) are national or regional in scope; and 7

‘‘(C) include 2 or more States.’’; and 8

(3) in subsection (e)(1), by striking 9

‘‘$25,000,000, to remain available until expended’’ 10

and inserting ‘‘$5,000,000 for each of fiscal years 11

2021 through 2025’’. 12

SEC. 304. MODIFICATION OF NATIONAL SCHOOL LUNCH 13

PROGRAM PROCUREMENT REQUIREMENTS 14

TO ENCOURAGE PURCHASE OF LOWER- 15

PRICE, NONSTANDARD-SIZE OR -SHAPE 16

PRODUCE. 17

Section 9(a)(4)(C) of the Richard B. Russell National 18

School Lunch Act (42 U.S.C. 1758(a)(4)(C)) is amended 19

by striking clause (ii) and inserting the following: 20

‘‘(ii) in the product specifications and 21

practices required under clause (i), encour-22

age State departments of agriculture and 23

education, school food authorities, local 24

educational agencies, and local processing 25

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25 

•HR 5841 IH

entities to purchase lower-price, non-1

standard-size or -shape produce to be used 2

in school nutrition programs under this 3

Act and the Child Nutrition Act of 1966 4

(42 U.S.C. 1771 et seq.); and’’. 5

TITLE IV—FOOD DATE 6
LABELING 7

SEC. 401. SHORT TITLE. 8

This title may be cited as the ‘‘Food Date Labeling 9

Act of 2020’’. 10

SEC. 402. DEFINITIONS. 11

In this title: 12

(1) ADMINISTERING SECRETARIES.—The term 13

‘‘administering Secretaries’’ means— 14

(A) the Secretary of Agriculture with re-15

spect to any product that is under the Sec-16

retary of Agriculture’s jurisdiction and is— 17

(i) a poultry product, as defined in 18

section 4 of the Poultry Products Inspec-19

tion Act (21 U.S.C. 453); 20

(ii) a meat food product, as defined in 21

section 1 of the Federal Meat Inspection 22

Act (21 U.S.C. 601); or 23

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26 

•HR 5841 IH

(iii) an egg product, as defined in sec-1

tion 4 of the Egg Products Inspection Act 2

(21 U.S.C. 1033); and 3

(B) the Secretary of Health and Human 4

Services with respect to any product that is 5

under the Secretary of Health and Human 6

Services’ jurisdiction and is a food (as defined 7

in section 201 of the Federal Food, Drug, and 8

Cosmetic Act (21 U.S.C. 321)). 9

(2) DISCARD DATE.—The term ‘‘discard date’’ 10

means a date voluntarily printed on food packaging, 11

which signifies the end of the estimated period of 12

shelf life under any stated storage conditions, after 13

which the food labeler advises the product not be 14

consumed. 15

(3) FOOD LABELER.—The term ‘‘food labeler’’ 16

means the producer, manufacturer, distributor, or 17

retailer that places a date label on food packaging 18

of a product. 19

(4) QUALITY DATE.—The term ‘‘quality date’’ 20

means a date voluntarily printed on food packaging 21

that is intended to communicate to consumers the 22

date after which— 23

(A) the quality of the product may begin 24

to deteriorate; but 25

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27 

•HR 5841 IH

(B) the product remains apparently whole-1

some food (as defined in subsection (b)(2) of 2

section 22 of the Child Nutrition Act of 1966 3

(42 U.S.C. 1791(b)(2)); also known as the Bill 4

Emerson Good Samaritan Food Donation Act). 5

SEC. 403. QUALITY DATES AND DISCARD DATES. 6

(a) QUALITY DATES.— 7

(1) IN GENERAL.—If a food labeler includes a 8

quality date on food packaging, the label shall use 9

the uniform quality date label phrase under para-10

graph (2). 11

(2) UNIFORM PHRASE.—The uniform quality 12

date label phrase under this paragraph shall be 13

‘‘BEST If Used By’’ or, if permissible under sub-14

section (c)(3), the standard abbreviation of ‘‘BB’’, 15

unless and until the administering Secretaries, act-16

ing jointly, specify through rulemaking another uni-17

form phrase to be used for purposes of complying 18

with paragraph (1). 19

(3) OPTION OF THE LABELER.—The decisions 20

on whether to include a quality date on food pack-21

aging and which foods should be so labeled shall be 22

at the discretion of the food labeler. 23

(b) DISCARD DATES.— 24

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28 

•HR 5841 IH

(1) IN GENERAL.—If a food labeler includes a 1

discard date on food packaging, the label shall use 2

the uniform discard date label phrase under para-3

graph (2). 4

(2) UNIFORM PHRASE.—The uniform discard 5

date label phrase under this paragraph shall be 6

‘‘USE By’’ or, if permissible under subsection 7

(c)(3), the standard abbreviation of ‘‘UB’’, unless 8

and until the administering Secretaries, acting joint-9

ly, specify through rulemaking another uniform 10

phrase to be used for purposes of complying with 11

paragraph (1). 12

(3) OPTION OF THE LABELER.—The decisions 13

on whether to include a discard date on food pack-14

aging and which foods should be so labeled shall be 15

at the discretion of the food labeler. 16

(c) QUALITY DATE AND DISCARD DATE LABEL-17

ING.— 18

(1) IN GENERAL.—The quality date or discard 19

date, as applicable, and immediately adjacent uni-20

form quality date label phrase or discard date label 21

phrase— 22

(A) shall be— 23

(i) in single easy-to-read type style; 24

and 25

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29 

•HR 5841 IH

(ii) located in a conspicuous place on 1

the package of the food; and 2

(B) may be on the label or, at the discre-3

tion of the food labeler, elsewhere on the pack-4

age. 5

(2) DATE FORMAT.—Each quality date and dis-6

card date shall be stated in terms of day and month 7

and, as appropriate, year. 8

(3) ABBREVIATIONS.—A food labeler may use a 9

standard abbreviation of ‘‘BB’’ and ‘‘UB’’ for the 10

quality date and discard date, respectively, only if 11

the food packaging is too small to include the uni-12

form phrase described in subsection (a)(2) or (b)(2), 13

as applicable. 14

(4) FREEZE BY.—A food labeler may add ‘‘or 15

Freeze By’’ following a quality date or discard date 16

uniform phrase. 17

(d) INFANT FORMULA.—This title and the amend-18

ments made by this title— 19

(1) do not apply with respect to infant formula 20

(as defined in section 201(z) of the Federal Food, 21

Drug, and Cosmetic Act (21 U.S.C. 321(z))); and 22

(2) shall not be construed to affect the require-23

ments pertaining to infant formula under section 24

412 of the Federal Food, Drug, and Cosmetic Act 25

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30 

•HR 5841 IH

(21 U.S.C. 350a) and other applicable provisions of 1

law. 2

(e) EDUCATION.—Not later than 1 year after the 3

date of enactment of this Act, the administering Secre-4

taries, acting jointly, shall provide consumer education 5

and outreach on the meaning of quality date and discard 6

date food labels. 7

(f) RULE OF CONSTRUCTION; PREEMPTION.— 8

(1) RULE OF CONSTRUCTION.—Nothing in this 9

title or the amendments made by this title shall be 10

construed to prohibit any State or political subdivi-11

sion of a State from establishing or continuing in ef-12

fect any requirement that prohibits the sale or dona-13

tion of foods based on passage of the discard date. 14

(2) PREEMPTION.—No State or political sub-15

division of a State may establish or continue in ef-16

fect any requirement that— 17

(A) relates to the inclusion in food labeling 18

of a quality date or a discard date that is dif-19

ferent from or in addition to, or that is other-20

wise not identical with, the requirements of this 21

title and the amendments made by this title; or 22

(B) prohibits the sale or donation of foods 23

based on passage of the quality date. 24

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31 

•HR 5841 IH

(3) ENFORCEMENT.—The administering Secre-1

taries, acting jointly and in coordination with the 2

Federal Trade Commission, shall ensure that the 3

uniform quality date label phrase and uniform dis-4

card date label phrase are standardized across all 5

food products. 6

(4) SAVINGS.—Notwithstanding paragraph (2), 7

nothing in this title, nor any amendment made by 8

this title, nor any standard or requirement imposed 9

pursuant to this title, shall be construed to preempt, 10

displace, or supplant any State or Federal common 11

law rights or any State or Federal statute creating 12

a remedy for civil relief, including those for civil 13

damage, or a penalty for criminal conduct. 14

(g) TIME TEMPERATURE INDICATOR LABELS.— 15

Nothing in this title or the amendments made by this title 16

shall be construed to prohibit or restrict the use of time- 17

temperature indicator labels or similar technology that is 18

in addition to or in lieu of any uniform quality date label 19

phrase under subsection (a)(2) or uniform discard date 20

label phrase under subsection (b)(2). 21

SEC. 404. MISBRANDING. 22

(a) FDA VIOLATIONS.—Section 403 of the Federal 23

Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amend-24

ed by adding at the end the following: 25

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32 

•HR 5841 IH

‘‘(z) If it is food and its labeling is in violation of 1

section 403 of the Food Date Labeling Act of 2020.’’. 2

(b) POULTRY PRODUCTS.—Section 4(h) of the Poul-3

try Products Inspection Act (21 U.S.C. 453(h)) is amend-4

ed— 5

(1) in paragraph (11), by striking ‘‘or’’ at the 6

end; 7

(2) in paragraph (12), by striking the period at 8

the end and inserting ‘‘; or’’; and 9

(3) by adding at the end the following: 10

‘‘(13) if its labeling is in violation of section 11

403 of the Food Date Labeling Act of 2020.’’. 12

(c) MEAT PRODUCTS.—Section 1(n) of the Federal 13

Meat Inspection Act (21 U.S.C. 601(n)) is amended— 14

(1) in paragraph (11), by striking ‘‘or’’ at the 15

end; 16

(2) in paragraph (12), by striking the period at 17

the end and inserting ‘‘; or’’; and 18

(3) by adding at the end the following: 19

‘‘(13) if its labeling is in violation of section 20

403 of the Food Date Labeling Act of 2020.’’. 21

(d) EGG PRODUCTS.—Section 7(b) of the Egg Prod-22

ucts Inspection Act (21 U.S.C. 1036(b)) is amended in 23

the first sentence by adding before the period at the end 24

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33 

•HR 5841 IH

‘‘or if its labeling is in violation of section 403 of the Food 1

Date Labeling Act of 2020’’. 2

SEC. 405. REGULATIONS. 3

Not later than 2 years after the date of enactment 4

of this Act, the Secretaries, acting jointly, shall promul-5

gate final regulations for carrying out the provisions of 6

this title and the amendments made by this title. 7

SEC. 406. DELAYED APPLICABILITY. 8

This title and the amendments made by this title 9

shall apply only with respect to food products that are la-10

beled on or after the date that is 2 years after the date 11

of promulgation of final regulations under section 405. 12

TITLE V—CONSUMERS AND 13
LOCAL INFRASTRUCTURE 14

SEC. 501. SUPPORT FOR NATIONAL MEDIA CAMPAIGNS TO 15

DECREASE INCIDENCE OF FOOD WASTE. 16

(a) IN GENERAL.—The Secretary shall support na-17

tional media campaigns to decrease the incidence of food 18

waste. 19

(b) MANDATORY FUNDING.— 20

(1) IN GENERAL.—The Secretary shall use 21

$8,000,000 of funds of the Commodity Credit Cor-22

poration to carry out this section for fiscal year 23

2021. 24

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34 

•HR 5841 IH

(2) AVAILABILITY.—Funds described in para-1

graph (1) shall remain available until expended. 2

SEC. 502. INCREASE IN RESOURCES FOR COMMUNITY FA-3

CILITIES LOANS DIRECTED AT COMPOSTING 4

AND ANAEROBIC DIGESTION FOOD WASTE- 5

TO-ENERGY OPERATIONS. 6

Section 306(a)(1) of the Consolidated Farm and 7

Rural Development Act (7 U.S.C. 1926(a)(1)) is amended 8

by inserting after the first sentence the following: ‘‘5 per-9

cent of the amounts made available for each fiscal year 10

for loans for essential community facilities under the pre-11

ceding sentence shall be reserved for loans, in accordance 12

with subsection (c)(2), for municipal or county 13

composting, anaerobic digestion food waste-to-energy 14

projects, and the conversion of animal waste products into 15

industrial products or into raw materials that can be con-16

verted into finished products other than by anaerobic di-17

gestion or the production of bioethanol through fermenta-18

tion. The Secretary shall not make or insure a loan under 19

the preceding sentence to an entity that will use the 20

amounts under the loan for an anaerobic digester that 21

uses solely manure as undigested biomass, and shall give 22

preference to loans under the preceding sentence for an-23

aerobic digesters that use primarily nonedible food, crop 24

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35 

•HR 5841 IH

waste, or nonedible food and crop waste as undigested bio-1

mass.’’. 2

SEC. 503. EXPANSION OF RURAL UTILITIES SERVICE 3

WATER AND WASTE DISPOSAL PROGRAM TO 4

PROVIDE LOANS AND GRANTS FOR RURAL 5

COMMUNITIES TO ADAPT WASTE DISPOSAL 6

FACILITIES TO INCORPORATE ANAEROBIC 7

DIGESTION FOOD WASTE-TO-ENERGY OPER-8

ATIONS. 9

Section 306 of the Consolidated Farm and Rural De-10

velopment Act (7 U.S.C. 1926) is amended by inserting 11

after subsection (b) the following: 12

‘‘(c) WATER OR WASTE DISPOSAL LOANS AND 13

GRANTS FOR PROJECTS TO INCORPORATE ANAEROBIC 14

DIGESTION FOOD WASTE-TO-ENERGY OPERATIONS IN 15

WASTE DISPOSAL FACILITIES.— 16

‘‘(1) IN GENERAL.—Notwithstanding any other 17

provision of law, beginning in fiscal year 2021, in 18

addition to any other amounts available for water or 19

waste disposal loans and grants under paragraphs 20

(1) and (2) of subsection (a), $50,000,000 of the 21

funds of the Commodity Credit Corporation for each 22

fiscal year shall be available for those loans and 23

grants, of which the Secretary shall use— 24

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36 

•HR 5841 IH

‘‘(A) $25,000,000 for loans, in accordance 1

with paragraph (2), for the adaptation of waste 2

disposal facilities to incorporate anaerobic di-3

gestion food waste-to-energy operations; and 4

‘‘(B) $25,000,000 for grants, in accord-5

ance with paragraph (2), for the adaptation of 6

waste disposal facilities to incorporate anaerobic 7

digestion food waste-to-energy operations. 8

‘‘(2) REQUIREMENTS.— 9

‘‘(A) IN GENERAL.—A loan or grant is 10

made in accordance with this paragraph if, be-11

fore making the loan or grant, the Secretary 12

has obtained from the recipient of the loan or 13

grant— 14

‘‘(i) a written commitment that the 15

recipient has read and agrees to comply 16

with the Food Recovery Hierarchy of the 17

Environmental Protection Agency, particu-18

larly as applied to apparently wholesome 19

food (as defined in section 22(b) of the 20

Child Nutrition Act of 1966 (42 U.S.C. 21

1791(b))) that may be provided to or re-22

ceived by the recipient; and 23

‘‘(ii) a written end-product recycling 24

plan that provides for the beneficial use of 25

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37 

•HR 5841 IH

the material resulting from any anaerobic 1

digestion food waste-to-energy operation 2

with respect to which the loan or grant is 3

made, in a manner that meets all applica-4

ble Federal, State, Tribal, and local laws 5

that protect human health and the environ-6

ment. 7

‘‘(B) LIMITATION.—A loan or grant under 8

paragraph (1) may not be used for an anaerobic 9

digester that uses solely manure as undigested 10

biomass. 11

‘‘(C) PREFERENCE.—The Secretary shall 12

give preference to loans and grants under para-13

graph (1) for anaerobic digesters that use pri-14

marily nonedible food, crop waste, or nonedible 15

food and crop waste as undigested biomass. 16

‘‘(3) AVAILABILITY.—Funds made available 17

under paragraph (1) shall remain available until ex-18

pended.’’. 19

SEC. 504. GRANTS FOR COMPOSTING AND ANAEROBIC DI-20

GESTION FOOD WASTE-TO-ENERGY 21

PROJECTS. 22

(a) IN GENERAL.—Subtitle G of the Solid Waste Dis-23

posal Act (42 U.S.C. 6971 et seq.) is amended by adding 24

at the end the following: 25

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38 

•HR 5841 IH

‘‘SEC. 7011. GRANTS FOR COMPOSTING AND ANAEROBIC DI-1

GESTION FOOD WASTE-TO-ENERGY 2

PROJECTS. 3

‘‘(a) GRANTS.—The Administrator shall establish a 4

grant program to award grants to States and Tribes eligi-5

ble to receive the grants under subsection (b)(1) to con-6

struct large-scale composting or anaerobic digestion food 7

waste-to-energy projects. 8

‘‘(b) ELIGIBLE STATES.— 9

‘‘(1) ELIGIBILITY.—In order to be eligible to 10

receive a grant under this section, a State or Tribe 11

shall— 12

‘‘(A) have in effect a plan to limit the 13

quantity of food waste that may be disposed of 14

in landfills in the State or Tribe; and 15

‘‘(B) provide to the Administrator— 16

‘‘(i) a written commitment that the 17

State has read and agrees to comply with 18

the Food Recovery Hierarchy of the Envi-19

ronmental Protection Agency, particularly 20

as applied to apparently wholesome food 21

(as defined in section 22(b) of the Child 22

Nutrition Act of 1966 (42 U.S.C. 23

1791(b))) that may be provided to or re-24

ceived by the State; and 25

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39 

•HR 5841 IH

‘‘(ii) a written end-product recycling 1

plan that provides for the beneficial use of 2

the material resulting from any anaerobic 3

digestion food waste-to-energy operation 4

with respect to which the loan or grant is 5

made, in a manner that meets all applica-6

ble Federal, State, Tribal, and local laws 7

that protect human health and the environ-8

ment. 9

‘‘(2) LIMITATION.—A grant under subsection 10

(a) may not be used for an anaerobic digester that 11

uses solely manure as undigested biomass. 12

‘‘(3) PREFERENCE.—The Administrator shall 13

give preference to grants under subsection (a) for 14

anaerobic digesters that use primarily nonedible 15

food, crop waste, or nonedible food and crop waste 16

as undigested biomass. 17

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 18

is authorized to be appropriated to carry out this section 19

$100,000,000 for each fiscal year.’’. 20

(b) CLERICAL AMENDMENT.—The table of contents 21

for the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 22

is amended by inserting after the item relating to section 23

7010 the following: 24

‘‘Sec. 7011. Grants for composting and anaerobic digestion food waste-to-en-
ergy projects.’’. 

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40 

•HR 5841 IH

SEC. 505. GOVERNMENT ACCOUNTABILITY OFFICE AUDIT. 1

(a) IN GENERAL.—Not later than 2 years after the 2

date of enactment of this Act, the Comptroller General 3

of the United States (referred to in this section as the 4

‘‘Comptroller General’’) shall conduct an audit to assess 5

estimates of postharvest food loss and waste in the United 6

States, including estimates by the Department of Agri-7

culture and other government, academic, and industry 8

stakeholders. 9

(b) REQUIREMENTS.—The Comptroller General, as 10

part of the audit conducted under subsection (a)— 11

(1) shall— 12

(A) assess the extent to which the esti-13

mates described in that subsection provide a 14

valid benchmark for the amount and value of 15

postharvest food loss and waste in the United 16

States; 17

(B) evaluate the reliability of the data, and 18

the validity and accuracy of the assumptions 19

and models, underlying the estimates; and 20

(C) if appropriate, include recommenda-21

tions to improve the estimates; and 22

(2) if the Comptroller General determines that 23

the estimates described in that subsection are invalid 24

under paragraph (1)(A), may conduct an estimate of 25

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41 

•HR 5841 IH

postharvest food loss and waste in the United 1

States. 2

SEC. 506. FOOD WASTE RECOVERY TRANSPORTATION 3

GRANTS. 4

(a) AUTHORITY TO PROVIDE ASSISTANCE.— 5

(1) IN GENERAL.—From amounts made avail-6

able to carry out this section, the Secretary of Agri-7

culture shall make grants to assist an eligible entity 8

with— 9

(A) purchasing, leasing, or otherwise ac-10

quiring vehicles, including refrigerated vehicles, 11

or other equipment to carry out activities re-12

lated to food recovery; 13

(B) reimbursing travel costs related to 14

food recovery at the per mile rate established by 15

the Commissioner of the Internal Revenue Serv-16

ice; and 17

(C) the costs of preparing, storing, and 18

transporting donated food. 19

(2) LIMITATION.—An eligible entity may only 20

receive one grant under this section. 21

(b) APPLICATION.—To be eligible to receive a grant 22

under subsection (a), an eligible entity shall submit an ap-23

plication to the Secretary of Agriculture, at such time, in 24

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42 

•HR 5841 IH

such manner, and containing such information as the Sec-1

retary of Agriculture may require. 2

(c) ELIGIBLE ENTITY.—To be eligible for a grant 3

under subsection (a), a public food program service pro-4

vider, a tribal organization, or a private nonprofit entity 5

(including a gleaner) shall— 6

(1) have experience in the area of— 7

(A) food recovery and distribution, particu-8

larly concerning small and medium-sized farms; 9

(B) job training and business development 10

activities for food-related activities in low-in-11

come communities; or 12

(C) efforts to reduce food insecurity in the 13

community, including food recovery and dis-14

tribution, improving access to services, or co-15

ordinating services and programs; and 16

(2) demonstrate competency to implement a 17

project, provide fiscal accountability, collect data, 18

and prepare reports and other necessary documenta-19

tion. 20

(d) GLEANER DEFINED.—In this section, the term 21

‘‘gleaner’’ has the meaning given the term in section 22

25(a)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 23

2034(a)(2)). 24

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43 

•HR 5841 IH

(e) AUTHORIZATION OF APPROPRIATIONS.—There is 1

authorized to carry out this section $10,000,000 for fiscal 2

year 2021. 3

SEC. 507. FOOD WASTE RESEARCH PROGRAM. 4

(a) ESTABLISHMENT.—The Food Loss and Waste 5

Reduction Liaison of the Department of Agriculture (in 6

this section referred to as the ‘‘Liaison’’) shall establish 7

a partnership with 5 regional partner institutions, selected 8

under section 4, to carry out a Food Waste Research Pro-9

gram (in this section referred to as the ‘‘Program’’). 10

(b) FOOD WASTE RESEARCH PROGRAM REQUIRE-11

MENTS.— 12

(1) DUTIES.—In carrying out the Program, the 13

Liaison, in partnership with the 5 regional partner 14

institutions selected under section 4, shall— 15

(A) plan, conduct, and arrange for public 16

research, data, education, and recommendations 17

within the areas of study specified in subsection 18

(b), as such areas relate to food waste reduction 19

and food recovery issues nationwide, regionally, 20

and locally; 21

(B) carry out the activities of the Program 22

within a variety of regions in the United States, 23

which are identified and categorized by the Li-24

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44 

•HR 5841 IH

aison based on the specific food recovery and 1

food waste reduction issues of such regions; 2

(C) identify areas to increase efficiency in 3

the allocation of resources, coordination, co-4

operation, and consolidation of efforts as they 5

relate to local, statewide, Tribal, regional, and 6

Federal food recovery and food waste reduction 7

efforts; 8

(D) create a Program website, as described 9

in subsection (d), to disseminate information to 10

the public; and 11

(E) collaborate with other colleges, univer-12

sities, and nonprofit organizations in the re-13

gions selected by the Liaison that have dem-14

onstrated capability for research, information 15

dissemination, and professional training in 16

order to develop regional networks that are 17

knowledgeable in food waste reduction issues. 18

(2) AREAS OF STUDY.—In carrying out the du-19

ties listed in subsection (a), the Liaison and the re-20

gional partner institutions shall consider the fol-21

lowing areas of study: 22

(A) Reducing the volume of surplus food 23

produced. 24

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45 

•HR 5841 IH

(B) Feeding individuals in need to utilize 1

excess food, including through the use of dona-2

tions of surplus food. 3

(C) Diverting food unusable for purposes 4

of paragraph (2) to feed animals. 5

(D) Utilizing food waste to create renew-6

able energy sources. 7

(E) Composting food waste to create nutri-8

ent rich soil. 9

(F) Diminishing the deposits of food waste 10

in landfills and reducing the incineration of 11

food waste. 12

(3) USE OF FUNDS.— 13

(A) IN GENERAL.—The Liaison may make 14

funds available under this section to improve 15

the facilities of the regional partner institutions 16

to a level that meets the requirements of the 17

role of a regional partner institution. 18

(B) PLAN.—A regional partner institution 19

may not receive any funding for any facility up-20

grade under paragraph (1), unless— 21

(i) the regional partner institution 22

submits to the Liaison a plan detailing the 23

type of facility construction or improve-24

ments to take place (including any land ac-25

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46 

•HR 5841 IH

quisition, engineering, design, and staffing 1

and equipment needs, in addition to other 2

information as required by the Liaison); 3

and 4

(ii) the Liaison approves such plan. 5

(C) NON-FEDERAL COST SHARE FOR FA-6

CILITY IMPROVEMENT.—A regional partner in-7

stitutions shall be required to provide at least 8

a 20 percent non-Federal cost share for facility 9

improvement or construction projects pursued 10

by a regional partner institution under para-11

graph (1). 12

(D) MATCHING FUNDS FOR OPERATING 13

EXPENSES.—A regional partner institution shall 14

be required to provide at least a 30 percent 15

non-Federal cost share for all Program oper-16

ating expenses related to such regional partner 17

institution. 18

(E) WAGE RATE REQUIREMENTS.—A con-19

struction activity carried out pursuant to this 20

section shall meet Federal prevailing wage re-21

quirements as determined by the Secretary of 22

Labor in accordance with subchapter IV of 23

chapter 31 of part A of subtitle II of title 40, 24

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47 

•HR 5841 IH

United States Code, (commonly referred to as 1

the ‘‘Davis-Bacon Act’’). 2

(4) FOOD WASTE RESEARCH PROGRAM 3

WEBSITE.—The Liaison shall establish a website 4

that shall contain at least the following information: 5

(A) Key findings and best practices. 6

(B) A list of collaborations and partner-7

ships carried out pursuant to this section. 8

(C) Annual reports and other pertinent in-9

formation on the duties of the Program. 10

(D) The location and contact information 11

for regional partner institutions. 12

(E) Federal, State, local, and regionally 13

specific public research, data, education, and 14

policy recommendations that shall be updated 15

in a timely manner with new information. 16

(F) Tools for tracking reduction efforts 17

and measuring food waste production. 18

(c) SELECTION OF REGIONAL PARTNER INSTITU-19

TIONS.— 20

(1) IN GENERAL.—Not later than 180 days 21

after the date of the enactment of this section, the 22

Liaison shall select 5 regional partner institutions to 23

partner with to carry out the requirements of the 24

Program under section 3. 25

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48 

•HR 5841 IH

(2) CRITERIA FOR REGIONAL PARTNER INSTI-1

TUTIONS.—In making a selection under subsection 2

(a), the Liaison shall select an institution of higher 3

education that— 4

(A) has a focus or expertise in at least one 5

of the areas of study described in section 3(b); 6

(B) has the ability to plan, conduct, and 7

arrange for public research, data, education, 8

and recommendations related to food waste re-9

duction and the areas of study described in sec-10

tion 3(b); 11

(C) can assist the Liaison in fulfilling the 12

duties listed in section 3(a); 13

(D) can contribute the required non-Fed-14

eral funding to maintain a regional partner in-15

stitution center; and 16

(E) satisfies any other criteria determined 17

by the Liaison. 18

(3) ELIGIBLE SUB-AWARDEES.—A State, Trib-19

al, or local government, local educational agency, ag-20

ricultural or commodity organization, farmer, or 21

other organization focused on food waste prevention 22

may serve as an eligible sub-awardee of a regional 23

partner institution if the entity meets the require-24

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49 

•HR 5841 IH

ments of paragraphs (1) through (3) of subsection 1

(b) of this section. 2

(4) EMPLOYMENT STATUS.—Members of re-3

gional partner institutions shall not be considered 4

Federal employees for any purpose. 5

(d) COLLABORATION WITH FEDERAL, REGIONAL, 6

STATE, TRIBAL, AND LOCAL GOVERNMENTS AND ORGA-7

NIZATIONS.—The Liaison, in conjunction with the 5 re-8

gional partner institutions selected under section 4 shall 9

collaborate and share best practices on regional, State, 10

Tribal, and locally specific food waste and food waste re-11

duction issues with— 12

(1) State and county governments; 13

(2) Tribal governments; 14

(3) units of local government; 15

(4) local educational entities; 16

(5) colleges and universities; 17

(6) agricultural and commodity organizations; 18

(7) farmers; and 19

(8) organizations focused on food waste preven-20

tion. 21

(e) INFORMATION COLLECTION AND DISSEMINA-22

TION.— 23

(1) REPORT OF REGIONAL PARTNER INSTITU-24

TIONS.—Not later than 1 year after the date of the 25

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50 

•HR 5841 IH

enactment of this section, and annually thereafter, 1

the regional partnership institutions shall submit to 2

the Liaison a report containing the activities, part-3

nerships, collaborations, Federal policy recommenda-4

tions, previous and continuing budgets, findings, and 5

any other applicable information carried out under 6

the Program. 7

(2) LIAISON REPORT.—Not later than 15 8

months after the date of the enactment of this sec-9

tion, and annually thereafter, the Liaison shall sub-10

mit to the Committee on Agriculture of the House 11

of Representatives and the Committee on Agri-12

culture, Nutrition, and Forestry of the Senate and 13

publish on the Program website an annual report 14

containing a compilation of the activities, partner-15

ships, collaborations, Federal policy recommenda-16

tions, previous and continuing budgets, findings, and 17

any other applicable information relating to the Pro-18

gram. 19

(3) REVIEW OF REPORT.—The Liaison shall re-20

view the annual report from the regional partner in-21

stitutions to ensure that funds are being used effi-22

ciently according to the duties of the Program and 23

that the Program is producing utilizable public re-24

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51 

•HR 5841 IH

search, data, education, and recommendations re-1

lated to food waste and food waste reduction issues. 2

SEC. 508. GRANTS TO RESEARCH CENTERS OR NON-PROFIT 3

ORGANIZATIONS. 4

(a) GRANT AUTHORITY.—Not later than 180 days 5

after the date of the enactment of this section, the Food 6

Loss and Waste Reduction Liaison of the Department of 7

Agriculture (in this section referred to as the ‘‘Liaison’’) 8

shall establish a grant program under which the Liaison 9

shall make grants to eligible entities, on a competitive 10

basis, to establish contracts or cooperative agreements de-11

scribed in subsection (c) of section 224 of the Department 12

of Agriculture Reorganization Act of 1994 (7 U.S.C. 13

6924(c)) with such eligible entities to carry out the duties 14

described in subsection (b) of such section. 15

(b) APPLICATION.—To be eligible to receive a grant 16

under this section, an eligible entity shall submit to the 17

Liaison an application at such time and in such manner 18

as the Liaison may require. 19

(c) CRITERIA.—In making grants under this section, 20

the Liaison shall consider, with respect to each applicant, 21

the following: 22

(1) The alignment of food loss and recovery 23

programs and resources developed by such applicant 24

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52 

•HR 5841 IH

with the Environmental Protection Agency Food Re-1

covery Hierarchy. 2

(2) The ability of the facilities and resources of 3

such applicant to develop and deliver food loss re-4

duction and recovery programs. 5

(3) The experience of such applicant in devel-6

oping high-impact food loss reduction and recovery 7

programs and resources at the State, Tribal, re-8

gional, or national scale. 9

(4) Previous collaboration of such applicant 10

with other food loss reduction and recovery focused 11

organizations in the private, nonprofit, and govern-12

ment sectors. 13

(5) Any other information that the Liaison 14

shall require. 15

(d) USE OF FUNDS.—An eligible entity that receives 16

a grant under this section shall use such grant to carry 17

out the activities described in subsection (c) of section 224 18

of the Department of Agriculture Reorganization Act of 19

1994 (7 U.S.C. 6924(c)) to accomplish the duties de-20

scribed in subsection (b) of such section. 21

(e) DURATION.—Each grant under this section shall 22

be for a period of 3 years. 23

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53 

•HR 5841 IH

(f) GRANT RENEWAL.—The Liaison may renew a 1

grant under this section for an additional period of 3 2

years. 3

(g) FEDERAL SHARE.—The Federal share of a grant 4

under this section shall not exceed 70 percent of the costs 5

of the activities carried out under this section. 6

(h) REPORT TO CONGRESS.—Not later than 1 year 7

after the date of enactment of this Act, and annually 8

thereafter, the Liaison shall submit to Congress a report 9

describing the activities conducted under this section and 10

the effects of such activities on food loss and waste reduc-11

tion nationally. 12

(i) ELIGIBLE ENTITY DEFINED.—The term ‘‘eligible 13

entity’’ means a research center or nonprofit organization 14

described in section 224(c) of the Department of Agri-15

culture Reorganization Act of 1994 (7 U.S.C. 6924(c)). 16

Æ 

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  /ConvertImagesToIndexed true
  /PassThroughJPEGImages true
  /CreateJobTicket false
  /DefaultRenderingIntent /Default
  /DetectBlends true
  /DetectCurves 0.0000
  /ColorConversionStrategy /LeaveColorUnchanged
  /DoThumbnails false
  /EmbedAllFonts true
  /EmbedOpenType false
  /ParseICCProfilesInComments true
  /EmbedJobOptions true
  /DSCReportingLevel 0
  /EmitDSCWarnings false
  /EndPage -1
  /ImageMemory 1048576
  /LockDistillerParams true
  /MaxSubsetPct 100
  /Optimize false
  /OPM 1
  /ParseDSCComments true
  /ParseDSCCommentsForDocInfo true
  /PreserveCopyPage true
  /PreserveDICMYKValues true
  /PreserveEPSInfo true
  /PreserveFlatness true
  /PreserveHalftoneInfo false
  /PreserveOPIComments true
  /PreserveOverprintSettings true
  /StartPage 1
  /SubsetFonts false
  /TransferFunctionInfo /Preserve
  /UCRandBGInfo /Preserve
  /UsePrologue true
  /ColorSettingsFile ()
  /AlwaysEmbed [ true
  ]
  /NeverEmbed [ true
  ]
  /AntiAliasColorImages false
  /CropColorImages true
  /ColorImageMinResolution 300
  /ColorImageMinResolutionPolicy /OK
  /DownsampleColorImages false
  /ColorImageDownsampleType /Bicubic
  /ColorImageResolution 300
  /ColorImageDepth 8
  /ColorImageMinDownsampleDepth 1
  /ColorImageDownsampleThreshold 1.50000
  /EncodeColorImages true
  /ColorImageFilter /FlateEncode
  /AutoFilterColorImages false
  /ColorImageAutoFilterStrategy /JPEG
  /ColorACSImageDict <<
    /QFactor 0.15
    /HSamples [1 1 1 1] /VSamples [1 1 1 1]
  >>
  /ColorImageDict <<
    /QFactor 0.15
    /HSamples [1 1 1 1] /VSamples [1 1 1 1]
  >>
  /JPEG2000ColorACSImageDict <<
    /TileWidth 256
    /TileHeight 256
    /Quality 30
  >>
  /JPEG2000ColorImageDict <<
    /TileWidth 256
    /TileHeight 256
    /Quality 30
  >>
  /AntiAliasGrayImages false
  /CropGrayImages true
  /GrayImageMinResolution 300
  /GrayImageMinResolutionPolicy /OK
  /DownsampleGrayImages false
  /GrayImageDownsampleType /Bicubic
  /GrayImageResolution 300
  /GrayImageDepth 8
  /GrayImageMinDownsampleDepth 2
  /GrayImageDownsampleThreshold 1.50000
  /EncodeGrayImages true
  /GrayImageFilter /FlateEncode
  /AutoFilterGrayImages false
  /GrayImageAutoFilterStrategy /JPEG
  /GrayACSImageDict <<
    /QFactor 0.15
    /HSamples [1 1 1 1] /VSamples [1 1 1 1]
  >>
  /GrayImageDict <<
    /QFactor 0.15
    /HSamples [1 1 1 1] /VSamples [1 1 1 1]
  >>
  /JPEG2000GrayACSImageDict <<
    /TileWidth 256
    /TileHeight 256
    /Quality 30
  >>
  /JPEG2000GrayImageDict <<
    /TileWidth 256
    /TileHeight 256
    /Quality 30
  >>
  /AntiAliasMonoImages false
  /CropMonoImages true
  /MonoImageMinResolution 1200
  /MonoImageMinResolutionPolicy /OK
  /DownsampleMonoImages false
  /MonoImageDownsampleType /Bicubic
  /MonoImageResolution 1200
  /MonoImageDepth -1
  /MonoImageDownsampleThreshold 1.50000
  /EncodeMonoImages true
  /MonoImageFilter /CCITTFaxEncode
  /MonoImageDict <<
    /K -1
  >>
  /AllowPSXObjects false
  /CheckCompliance [
    /None
  ]
  /PDFX1aCheck true
  /PDFX3Check false
  /PDFXCompliantPDFOnly true
  /PDFXNoTrimBoxError false
  /PDFXTrimBoxToMediaBoxOffset [
    0.00000
    0.00000
    0.00000
    0.00000
  ]
  /PDFXSetBleedBoxToMediaBox true
  /PDFXBleedBoxToTrimBoxOffset [
    0.00000
    0.00000
    0.00000
    0.00000
  ]
  /PDFXOutputIntentProfile (U.S. Web Coated \050SWOP\051 v2)
  /PDFXOutputConditionIdentifier (CGATS TR 001)
  /PDFXOutputCondition ()
  /PDFXRegistryName (http://www.color.org)
  /PDFXTrapped /False

  /CreateJDFFile false
  /Description <<
    /ARA 
    /BGR 
    /CHS 
    /CHT 
    /CZE 
    /DAN 
    /DEU 
    /ESP 
    /ETI 
    /FRA 
    /GRE 
    /HEB 
    /HRV 
    /HUN 
    /ITA (Utilizzare queste impostazioni per creare documenti Adobe PDF che devono essere conformi o verificati in base a PDF/X-1a:2001, uno standard ISO per lo scambio di contenuto grafico. Per ulteriori informazioni sulla creazione di documenti PDF compatibili con PDF/X-1a, consultare la Guida dell'utente di Acrobat. I documenti PDF creati possono essere aperti con Acrobat e Adobe Reader 4.0 e versioni successive.)
    /JPN 
    /KOR 
    /LTH 
    /LVI 
    /NLD (Gebruik deze instellingen om Adobe PDF-documenten te maken die moeten worden gecontroleerd of moeten voldoen aan PDF/X-1a:2001, een ISO-standaard voor het uitwisselen van grafische gegevens. Raadpleeg de gebruikershandleiding van Acrobat voor meer informatie over het maken van PDF-documenten die compatibel zijn met PDF/X-1a. De gemaakte PDF-documenten kunnen worden geopend met Acrobat en Adobe Reader 4.0 en hoger.)
    /NOR 
    /POL 
    /PTB 
    /RUM 
    /RUS 
    /SKY 
    /SLV 
    /SUO 
    /SVE 
    /TUR 
    /UKR 
    /ENU (Use these settings to create Adobe PDF documents that are to be checked or must conform to PDF/X-1a:2001, an ISO standard for graphic content exchange.  For more information on creating PDF/X-1a compliant PDF documents, please refer to the Acrobat User Guide.  Created PDF documents can be opened with Acrobat and Adobe Reader 4.0 and later.)
  >>
  /Namespace [
    (Adobe)
    (Common)
    (1.0)
  ]
  /OtherNamespaces [
    <<
      /AsReaderSpreads false
      /CropImagesToFrames true
      /ErrorControl /WarnAndContinue
      /FlattenerIgnoreSpreadOverrides false
      /IncludeGuidesGrids false
      /IncludeNonPrinting false
      /IncludeSlug false
      /Namespace [
        (Adobe)
        (InDesign)
        (4.0)
      ]
      /OmitPlacedBitmaps false
      /OmitPlacedEPS false
      /OmitPlacedPDF false
      /SimulateOverprint /Legacy
    >>
    <<
      /AddBleedMarks false
      /AddColorBars false
      /AddCropMarks false
      /AddPageInfo false
      /AddRegMarks false
      /ConvertColors /ConvertToCMYK
      /DestinationProfileName ()
      /DestinationProfileSelector /DocumentCMYK
      /Downsample16BitImages true
      /FlattenerPreset <<
        /PresetSelector /HighResolution
      >>
      /FormElements false
      /GenerateStructure false
      /IncludeBookmarks false
      /IncludeHyperlinks false
      /IncludeInteractive false
      /IncludeLayers false
      /IncludeProfiles false
      /MultimediaHandling /UseObjectSettings
      /Namespace [
        (Adobe)
        (CreativeSuite)
        (2.0)
      ]
      /PDFXOutputIntentProfileSelector /DocumentCMYK
      /PreserveEditing true
      /UntaggedCMYKHandling /LeaveUntagged
      /UntaggedRGBHandling /UseDocumentProfile
      /UseDocumentBleed false
    >>
  ]
>> setdistillerparams
<<
  /HWResolution [2400 2400]
  /PageSize [612.000 792.000]
>> setpagedevice



		Superintendent of Documents
	2020-02-19T05:21:15-0500
	US GPO, Washington, DC 20401
	Superintendent of Documents
	GPO attests that this document has not been altered since it was disseminated by GPO