[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1403 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1403

 To amend the Richard B. Russell National School Lunch Act to require 
  schools participating in the school lunch program under such Act to 
              donate any excess food to local food banks.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2009

   Mr. Wolf introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To amend the Richard B. Russell National School Lunch Act to require 
  schools participating in the school lunch program under such Act to 
              donate any excess food to local food banks.

    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 ``School Food Recovery Act''.

SEC. 2. FOOD DONATION PROGRAM.

    Section 9 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1758) is amended by adding at the end the following:
    ``(k) Food Donation Program.--
            ``(1) In general.--The Secretary shall require each school 
        participating in the school lunch program under this Act to 
        donate any food not consumed under such program to eligible 
        local food banks or charitable organizations.
            ``(2) Plan requirement.--Each school described in paragraph 
        (1) shall prepare and submit to the local educational agency 
        that serves such school a plan that--
                    ``(A) describes how such school will carry out the 
                food donation program requirements under this 
                subsection;
                    ``(B) identifies the name and contact information 
                of the school employee administering the food donation 
                program; and
                    ``(C) identifies any eligible local food banks or 
                charitable organizations that are located within the 
                jurisdiction of the same local government as the local 
                educational agency that serves such school is located.
            ``(3) Reporting requirement.--Not later than the first day 
        of the fiscal year after the effective date of this subsection, 
        and annually thereafter, each local educational agency that 
        receives plans under paragraph (2) shall submit to the 
        Secretary such plans.
            ``(4) Database requirement.--Not later than 2 years after 
        the effective date of this subsection, the Secretary shall 
        develop and maintain a database of the information described in 
        paragraph (2)(B).
            ``(5) Guidance.--
                    ``(A) In general.--Not later than 180 days after 
                the effective date of this subsection, the Secretary 
                shall develop and publish guidance to schools and local 
                educational agencies participating in the school lunch 
                program under this Act to assist such schools and local 
                educational agencies in meeting the requirements of 
                this subsection.
                    ``(B) Updates.--The Secretary shall update such 
                guidance as necessary.
            ``(6) Liability.--Any school or local educational agency 
        making donations pursuant to this subsection 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).
            ``(7) Definitions.--In this subsection:
                    ``(A) Eligible local food banks or charitable 
                organizations.--The phrase `eligible local food banks 
                or charitable organizations' means any food bank or 
                charitable organization which is exempt from tax under 
                section 501(c)(3) of the Internal Revenue Code of 1986 
                (26 U.S.C. 501(c)(3)).
                    ``(B) Local government.--The term `local 
                government' means a city, county, township, or other 
                general-purpose political subdivision of a State.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect not later than 
July 1 of the year of the enactment of this Act.
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