II Calendar No. 748 110th CONGRESS 2d Session S. 2420 [Report No. 110–338] 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.
1.
Short title
This Act may be cited as the Federal Food Donation Act of 2007.
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
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).
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.
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).
May 22, 2008 Reported with an amendment