[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2420 Enrolled Bill (ENR)]

        S.2420

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


 
To encourage the donation of excess food to nonprofit organizations that 
   provide assistance to food-insecure people in the United States in 
contracts entered into by executive agencies for the provision, service, 
                            or sale of food.

    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 ``Federal Food Donation Act of 2008''.
SEC. 2. PURPOSE.
    The purpose of this Act is to encourage executive agencies and 
contractors of executive agencies, to the maximum extent practicable 
and safe, to donate excess, apparently wholesome food to feed food-
insecure people in the United States.
SEC. 3. DEFINITIONS.
    In this Act:
        (1) Apparently wholesome food.--The term ``apparently wholesome 
    food'' has the meaning given the term in section 2(b) of the Bill 
    Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b)).
        (2) Excess.--The term ``excess'', when applied to food, means 
    food that--
            (A) is not required to meet the needs of executive 
        agencies; and
            (B) would otherwise be discarded.
        (3) Food-insecure.--The term ``food-insecure'' means 
    inconsistent access to sufficient, safe, and nutritious food.
        (4) Nonprofit organization.--The term ``nonprofit 
    organization'' means any organization that is--
            (A) described in section 501(c) of the Internal Revenue 
        Code of 1986; and
            (B) exempt from tax under section 501(a) of that Code.
SEC. 4. PROMOTING FEDERAL FOOD DONATION.
    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Federal Acquisition Regulation issued in 
accordance with section 25 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 421) shall be revised to provide that all contracts 
above $25,000 for the provision, service, or sale of food in the United 
States, or for the lease or rental of Federal property to a private 
entity for events at which food is provided in the United States, shall 
include a clause that--
        (1) encourages the donation of excess, apparently wholesome 
    food to nonprofit organizations that provide assistance to food-
    insecure people in the United States; and
        (2) states the terms and conditions described in subsection 
    (b).
    (b) Terms and Conditions.--
        (1) Costs.--In any case in which a contractor enters into a 
    contract with an executive agency under which apparently wholesome 
    food is donated to food-insecure people in the United States, the 
    head of the executive agency shall not assume responsibility for 
    the costs and logistics of collecting, transporting, maintaining 
    the safety of, or distributing excess, apparently wholesome food to 
    food-insecure people in the United States under this Act.
        (2) Liability.--An executive agency (including an executive 
    agency that enters into a contract with a contractor) and any 
    contractor making donations pursuant to this Act shall be exempt 
    from civil and criminal liability to the extent provided under the 
    Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.