[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