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







110th CONGRESS
  1st Session
                                S. 2420

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2007

  Mr. Schumer introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  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 2007''.

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.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator for Federal Procurement Policy shall revise the 
Federal Acquisition Regulation described in section 6(a) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 405(a)) to provide that 
all contracts above $25,000 for the provision, service, or sale of 
food, or for the lease or rental of Federal property to a private 
entity for events at which food is provided, 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;
            (2) provides that the head of an 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; and
            (3) provides that executive agencies and contractors making 
        donations pursuant to this Act are protected from civil or 
        criminal liability under the Bill Emerson Good Samaritan Food 
        Donation Act (42 U.S.C. 1791).

SEC. 5. COORDINATOR OF COMMUNITY FOOD SECURITY AND GLEANING.

    (a) In General.--The Secretary of Agriculture shall establish in 
the Department of Agriculture a Coordinator of Community Food Security 
and Gleaning.
    (b) Duties.--The Coordinator of Community Food Security and 
Gleaning shall provide technical assistance relating to the activities 
described in section 4 to--
            (1) agencies of Federal, State, and local government;
            (2) nonprofit organizations;
            (3) agricultural producers; and
            (4) private entities.
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