[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2420 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                S. 2420

_______________________________________________________________________

                                 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).

            Passed the Senate May 22, 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                S. 2420

_______________________________________________________________________

                                 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.