One Hundred Tenth Congress of the United States of America 2d SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and eight S. 2420 IN THE SENATE OF THE UNITED STATES 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.

1.

Short title

This Act may be cited as the Federal Food Donation Act of 2008.

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.

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.

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