National Food Waste Reduction Act

I 117TH CONGRESS 1ST SESSION H. R. 3652 To direct the Secretary of Agriculture to establish a food waste research and technical assistance program and grant program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 1, 2021 Mrs. AXNE introduced the following bill; which was referred to the Committee on Agriculture A BILL To direct the Secretary of Agriculture to establish a food waste research and technical assistance program and grant program, 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. 3 This Act may be cited as the ‘‘National Food Waste 4 Reduction Act’’. 5 SEC. 2. FOOD WASTE RESEARCH PROGRAM. 6 (a) ESTABLISHMENT.—The Food Loss and Waste 7 Reduction Liaison of the Department of Agriculture (in 8 this section referred to as the ‘‘Liaison’’) shall establish 9 a partnership with 5 regional partner institutions, selected 10 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3652 IH under subsection (c), to carry out a Food Waste Research 1 Program (in this section referred to as the ‘‘Program’’). 2 (b) FOOD WASTE RESEARCH PROGRAM REQUIRE- 3 MENTS.— 4 (1) DUTIES.—In carrying out the Program, the 5 Liaison, in partnership with the 5 regional partner 6 institutions selected under subsection (c), shall— 7 (A) plan, conduct, and arrange for public 8 research, data, education, and recommendations 9 within the areas of study specified in paragraph 10 (2), as such areas relate to food waste reduction 11 and food recovery issues nationwide, regionally, 12 and locally; 13 (B) carry out the activities of the Program 14 within a variety of regions in the United States, 15 which are identified and categorized by the Li- 16 aison based on the specific food recovery and 17 food waste reduction issues of such regions; 18 (C) identify areas to increase efficiency in 19 the allocation of resources, coordination, co- 20 operation, and consolidation of efforts as they 21 relate to local, statewide, Tribal, regional, and 22 Federal food recovery and food waste reduction 23 efforts; 24 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3652 IH (D) create a Program website, as described 1 in paragraph (4), to disseminate information to 2 the public; and 3 (E) collaborate with other colleges, univer- 4 sities, and nonprofit organizations in the re- 5 gions selected by the Liaison that have dem- 6 onstrated capability for research, information 7 dissemination, and professional training in 8 order to develop regional networks that are 9 knowledgeable in food waste reduction issues. 10 (2) AREAS OF STUDY.—In carrying out the du- 11 ties listed in subsection (a), the Liaison and the re- 12 gional partner institutions shall consider the fol- 13 lowing areas of study: 14 (A) Reducing the volume of surplus food 15 produced. 16 (B) Feeding individuals in need to utilize 17 excess food, including through the use of dona- 18 tions of surplus food. 19 (C) Diverting food unusable for purposes 20 of subparagraph (B) to feed animals. 21 (D) Utilizing food waste to create renew- 22 able energy sources. 23 (E) Composting food waste to create nutri- 24 ent rich soil. 25 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3652 IH (F) Diminishing the deposits of food waste 1 in landfills and reducing the incineration of 2 food waste. 3 (3) USE OF FUNDS.— 4 (A) IN GENERAL.—The Liaison may make 5 funds available under this section to improve 6 the facilities of the regional partner institutions 7 to a level that meets the requirements of the 8 role of a regional partner institution. 9 (B) PLAN.—A regional partner institution 10 may not receive any funding for any facility up- 11 grade under subparagraph (A), unless— 12 (i) the regional partner institution 13 submits to the Liaison a plan detailing the 14 type of facility construction or improve- 15 ments to take place (including any land ac- 16 quisition, engineering, design, and staffing 17 and equipment needs, in addition to other 18 information as required by the Liaison); 19 and 20 (ii) the Liaison approves such plan. 21 (C) NON-FEDERAL COST SHARE FOR FA- 22 CILITY IMPROVEMENT.—A regional partner in- 23 stitutions shall be required to provide at least 24 a 20 percent non-Federal cost share for facility 25 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3652 IH improvement or construction projects pursued 1 by a regional partner institution under subpara- 2 graph (A). 3 (D) MATCHING FUNDS FOR OPERATING 4 EXPENSES.—A regional partner institution shall 5 be required to provide at least a 30 percent 6 non-Federal cost share for all Program oper- 7 ating expenses related to such regional partner 8 institution. 9 (E) WAGE RATE REQUIREMENTS.—A con- 10 struction activity carried out pursuant to this 11 section shall meet Federal prevailing wage re- 12 quirements as determined by the Secretary of 13 Labor in accordance with subchapter IV of 14 chapter 31 of part A of subtitle II of title 40, 15 United States Code, (commonly referred to as 16 the ‘‘Davis-Bacon Act’’). 17 (4) FOOD WASTE RESEARCH PROGRAM 18 WEBSITE.—The Liaison shall establish a website 19 that shall contain at least the following information: 20 (A) Key findings and best practices. 21 (B) A list of collaborations and partner- 22 ships carried out pursuant to this section. 23 (C) Annual reports and other pertinent in- 24 formation on the duties of the Program. 25 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3652 IH (D) The location and contact information 1 for regional partner institutions. 2 (E) Federal, State, local, and regionally 3 specific public research, data, education, and 4 policy recommendations that shall be updated 5 in a timely manner with new information. 6 (F) Tools for tracking reduction efforts 7 and measuring food waste production. 8 (c) SELECTION OF REGIONAL PARTNER INSTITU- 9 TIONS.— 10 (1) IN GENERAL.—Not later than 180 days 11 after the date of the enactment of this section, the 12 Liaison shall select 5 regional partner institutions to 13 partner with to carry out the requirements of the 14 Program. 15 (2) CRITERIA FOR REGIONAL PARTNER INSTI- 16 TUTIONS.—In making a selection under paragraph 17 (1), the Liaison shall select an institution of higher 18 education that— 19 (A) has a focus or expertise in at least one 20 of the areas of study described in subsection 21 (b)(2); 22 (B) has the ability to plan, conduct, and 23 arrange for public research, data, education, 24 and recommendations related to food waste re- 25 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3652 IH duction and the areas of study described in sub- 1 section (b)(2); 2 (C) can assist the Liaison in fulfilling the 3 duties listed in subsection (b)(1); 4 (D) can contribute the required non-Fed- 5 eral funding to maintain a regional partner in- 6 stitution center; and 7 (E) satisfies any other criteria determined 8 by the Liaison. 9 (3) ELIGIBLE SUB-AWARDEES.—A State, Trib- 10 al, or local government, local educational agency, ag- 11 ricultural or commodity organization, farmer, or 12 other organization focused on food waste prevention 13 may serve as an eligible sub-awardee of a regional 14 partner institution if the entity meets the require- 15 ments of subparagraphs (A) through (C) of para- 16 graph (2). 17 (4) EMPLOYMENT STATUS.—Members of re- 18 gional partner institutions shall not be considered 19 Federal employees for any purpose. 20 (d) COLLABORATION WITH FEDERAL, REGIONAL, 21 STATE, TRIBAL, AND LOCAL GOVERNMENTS AND ORGA- 22 NIZATIONS.—The Liaison, in conjunction with the 5 re- 23 gional partner institutions selected under subsection (c) 24 shall collaborate and share best practices on regional, 25 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3652 IH State, Tribal, and locally specific food waste and food 1 waste reduction issues with— 2 (1) State and county governments; 3 (2) Tribal governments; 4 (3) units of local government; 5 (4) local educational entities; 6 (5) colleges and universities; 7 (6) agricultural and commodity organizations; 8 (7) farmers; and 9 (8) organizations focused on food waste preven- 10 tion. 11 (e) INFORMATION COLLECTION AND DISSEMINA- 12 TION.— 13 (1) REPORT OF REGIONAL PARTNER INSTITU- 14 TIONS.—Not later than 1 year after the date of the 15 enactment of this section, and annually thereafter, 16 the regional partnership institutions shall submit to 17 the Liaison a report containing the activities, part- 18 nerships, collaborations, Federal policy recommenda- 19 tions, previous and continuing budgets, findings, and 20 any other applicable information carried out under 21 the Program. 22 (2) LIAISON REPORT.—Not later than 15 23 months after the date of the enactment of this sec- 24 tion, and annually thereafter, the Liaison shall sub- 25 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3652 IH mit to the Committee on Agriculture of the House 1 of Representatives and the Committee on Agri- 2 culture, Nutrition, and Forestry of the Senate and 3 publish on the Program website an annual report 4 containing a compilation of the activities, partner- 5 ships, collaborations, Federal policy recommenda- 6 tions, previous and continuing budgets, findings, and 7 any other applicable information relating to the Pro- 8 gram. 9 (3) REVIEW OF REPORT.—The Liaison shall re- 10 view the annual report from the regional partner in- 11 stitutions to ensure that funds are being used effi- 12 ciently according to the duties of the Program and 13 that the Program is producing utilizable public re- 14 search, data, education, and recommendations re- 15 lated to food waste and food waste reduction issues. 16 (f) AUTHORIZATION OF APPROPRIATIONS.—There 17 are authorized to be appropriated to carry out this section 18 $10,000,000 for fiscal year 2022. 19 SEC. 3. GRANTS TO RESEARCH CENTERS OR NON-PROFIT 20 ORGANIZATIONS. 21 (a) GRANT AUTHORITY.—Not later than 180 days 22 after the date of the enactment of this section, the Food 23 Loss and Waste Reduction Liaison of the Department of 24 Agriculture (in this section referred to as the ‘‘Liaison’’) 25 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3652 IH shall establish a grant program under which the Liaison 1 shall make grants to eligible entities, on a competitive 2 basis, to establish contracts or cooperative agreements de- 3 scribed in subsection (c) of section 224 of the Department 4 of Agriculture Reorganization Act of 1994 (7 U.S.C. 5 6924(c)) with such eligible entities to carry out the duties 6 described in subsection (b) of such section. 7 (b) APPLICATION.—To be eligible to receive a grant 8 under this section, an eligible entity shall submit to the 9 Liaison an application at such time and in such manner 10 as the Liaison may require. 11 (c) CRITERIA.—In making grants under this section, 12 the Liaison shall consider, with respect to each applicant, 13 the following: 14 (1) The alignment of food loss and recovery 15 programs and resources developed by such applicant 16 with the Environmental Protection Agency Food Re- 17 covery Hierarchy. 18 (2) The ability of the facilities and resources of 19 such applicant to develop and deliver food loss re- 20 duction and recovery programs. 21 (3) The experience of such applicant in devel- 22 oping high-impact food loss reduction and recovery 23 programs and resources at the State, Tribal, re- 24 gional, or national scale. 25 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3652 IH (4) Previous collaboration of such applicant 1 with other food loss reduction and recovery focused 2 organizations in the private, nonprofit, and govern- 3 ment sectors. 4 (5) Any other information that the Liaison 5 shall require. 6 (d) USE OF FUNDS.—An eligible entity that receives 7 a grant under this section shall use such grant to carry 8 out the activities described in subsection (c) of section 224 9 of the Department of Agriculture Reorganization Act of 10 1994 (7 U.S.C. 6924(c)) to accomplish the duties de- 11 scribed in subsection (b) of such section. 12 (e) DURATION.—Each grant under this section shall 13 be for a period of 3 years. 14 (f) GRANT RENEWAL.—The Liaison may renew a 15 grant under this section for an additional period of 3 16 years. 17 (g) FEDERAL SHARE.—The Federal share of a grant 18 under this section shall not exceed 70 percent of the costs 19 of the activities carried out under this section. 20 (h) REPORT TO CONGRESS.—Not later than 1 year 21 after the date of enactment of this Act, and annually 22 thereafter, the Liaison shall submit to Congress a report 23 describing the activities conducted under this section and 24 VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3652 IH the effects of such activities on food loss and waste reduc- 1 tion nationally. 2 (i) ELIGIBLE ENTITY DEFINED.—The term ‘‘eligible 3 entity’’ means a research center or nonprofit organization 4 described in section 224(c) of the Department of Agri- 5 culture Reorganization Act of 1994 (7 U.S.C. 6924(c)). 6 (j) AUTHORIZATION OF APPROPRIATIONS.—There 7 are authorized to be appropriated to carry out this section 8 $10,000,000 for fiscal year 2022. 9 Æ VerDate Sep 11 2014 02:29 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H3652.IH H3652 kjohnson on DSK79L0C42PROD with BILLS