[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2420 Reported in Senate (RS)]
Calendar No. 748
110th CONGRESS
2d Session
S. 2420
[Report No. 110-338]
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 (for himself, Mr. Lugar, Mr. Menendez, Ms. Collins, Mr.
Voinovich, Mr. Crapo, and Mr. Durbin) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
May 22, 2008
Reported by Mr. Lieberman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Federal Food Donation Act
of 2007''.</DELETED>
<DELETED>SEC. 2. PURPOSE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (2) Excess.--The term ``excess'', when applied to
food, means food that--</DELETED>
<DELETED> (A) is not required to meet the needs of
executive agencies; and</DELETED>
<DELETED> (B) would otherwise be
discarded.</DELETED>
<DELETED> (3) Food-insecure.--The term ``food-insecure''
means inconsistent access to sufficient, safe, and nutritious
food.</DELETED>
<DELETED> (4) Nonprofit organization.--The term ``nonprofit
organization'' means any organization that is--</DELETED>
<DELETED> (A) described in section 501(c) of the
Internal Revenue Code of 1986; and</DELETED>
<DELETED> (B) exempt from tax under section 501(a)
of that Code.</DELETED>
<DELETED>SEC. 4. PROMOTING FEDERAL FOOD DONATION.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) encourages the donation of excess, apparently
wholesome food to nonprofit organizations that provide
assistance to food-insecure people in the United
States;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 5. COORDINATOR OF COMMUNITY FOOD SECURITY AND
GLEANING.</DELETED>
<DELETED> (a) In General.--The Secretary of Agriculture shall
establish in the Department of Agriculture a Coordinator of Community
Food Security and Gleaning.</DELETED>
<DELETED> (b) Duties.--The Coordinator of Community Food Security
and Gleaning shall provide technical assistance relating to the
activities described in section 4 to--</DELETED>
<DELETED> (1) agencies of Federal, State, and local
government;</DELETED>
<DELETED> (2) nonprofit organizations;</DELETED>
<DELETED> (3) agricultural producers; and</DELETED>
<DELETED> (4) private entities.</DELETED>
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).
Calendar No. 748
110th CONGRESS
2d Session
S. 2420
[Report No. 110-338]
_______________________________________________________________________
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.
_______________________________________________________________________
May 22, 2008
Reported with an amendment