Domestic Commodity Distribution and Food Assistance Act

(Reported to Senate from the Committee on Agriculture, Nutrition and Forestry with amendment, S. Rept. 98-21)

Domestic Commodity Distribution and Food Assistance Act - Establishes a two-year (FY 1983 and FY 1984) domestic commodity distribution program in which Commodity Credit Corporation (CCC) stocks in excess of domestic and international needs shall be donated to eligible recipient agencies.

Defines "eligible recipient agencies" to include approved public or nonprofit organizations providing nutrition assistance for: (1) low-income and unemployed persons; (2) school lunch, summer camp, and other child nutrition programs; (3) the elderly; (4) disaster or charitable relief; and (5) projects under section 4 of the Agriculture and Consumer Protection Act of 1973.

Requires that commodities be provided in institutional food use form, or in home use form if so requested by certain emergency services organizations. Requires the CCC to pay such processing costs; either in money or in kind.

Requires the Secretary of Agriculture to publish in the Federal Register within 45 days an estimate of commodities likely to be used in such FY 1983 program. Requires a similar estimate for FY 1984.

Provides that if CCC wheat stocks are not available for such program, up to 500,000 metric tons of wheat under the Food Security and Wheat Reserve Act of 1980 may be used. Requires such reserve wheat to be replenished by October 1, 1984.

Provides for State distribution of commodities under this Act. Authorizes direct distribution to eligible recipient agencies and to private food processing companies. Provides that if a State agency cannot meet the requests for a commodity such agency shall give special consideration to organizations serving low-income and unemployed persons.

Limits Federal funds for such program to not more than $100,000,000 per fiscal year, plus amounts for storage and spoilage.

Encourages the consumption of commodities through agreements with private food processing companies.

Requires the Secretary to obtain assurances that: (1) recipient agencies will properly distribute these commodities; and (2) such distributions will not displace normal commercial sales.

Exempts such program from certain Food Stamp Act provisions prohibiting Federal food donations to households in jurisdictions served by the food stamp program. States that commodities distributed under this Act shall not be considered income or resources for Federal, State, or local purposes.

Subjects fraudulent use of such commodities to criminal penalties.

Amends the Agricultural Act of 1949 to authorize the use of CCC stocks for penal institutions, post secondary schools, and Veterans Administration medical facilities.