[Congressional Record Volume 154, Number 90 (Tuesday, June 3, 2008)]
[House]
[Pages H4852-H4853]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   FEDERAL FOOD DONATION ACT OF 2008

  Mr. CLAY. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (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.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 2420

       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 
     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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Missouri (Mr. Clay) and the gentlewoman from North Carolina (Ms. Foxx) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Missouri.


                             General Leave

  Mr. CLAY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 2420, the Federal Food Donation Act, is a modest 
measure designed to help address a very large problem, hunger in 
America. In 2005, 25 million people in this country, including 9 
million children, had to rely on soup kitchens and other charitable 
feeding programs to help meet their nutritional needs.
  S. 2420 is very similar to legislation introduced by Representative 
Jo Ann Emerson, H.R. 4220, which passed the House on a voice vote last 
December. It requires Federal agencies to include in their food service 
and space rental contracts a provision which encourages contractors to 
donate any surplus wholesome food to nonprofit organizations that 
provide assistance to the hungry. This bill builds on the work of some 
innovative nonprofit organizations and think tanks that have been 
conducting similar programs in the private sector.
  The bill also includes provisions which would ensure that cost of 
collecting, transporting and storing donated food would not be borne by 
the Federal Government, and that executive agencies and contractors 
would be protected from civil or criminal liability.
  I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today to take up S. 2420, the Federal Food 
Donation Act. The House version of this legislation, H.R. 4220, was 
introduced by Representative Jo Ann Emerson and was passed by the House 
last December.
  S. 2420 would require the Federal Acquisition Regulation to be 
amended to provide certain contracts for the provision, service or sale 
of food, include a clause encouraging the donation of excess food to 
organizations such as homeless shelters. In doing so, the legislation 
also states agencies and contractors making donations would be 
protected from civil or criminal liability associated with the 
donation.
  Mrs. Emerson has been a leader in the effort to relieve hunger in 
this Nation, and I applaud her dedication to this issue. I urge my 
colleagues to support this bill.
  Mr. WOLF. Mr. Speaker, I rise in support of S. 2420, the Federal Food 
Donation Act of 2008. This bill would require a clause in federal food 
services contracts greater than $25,000 to encouraging donations to 
nonprofit organizations, such as food banks and food pantries.
  I have been active in the fight against hunger for over two decades. 
Following my first visit to Ethiopia during its famine in 1984, I 
worked across the aisle to fight hunger both at home and abroad. I was 
pleased to work for the passage of the Bill Emerson Good Samaritan Act 
of 1996 that protected organizations donating food to charitable 
organizations from liability in order to spur greater donations.
  However, I am concerned that rising food commodity prices and 
gasoline prices could hamper efforts by food banks and food pantries to 
meet the needs of the hungry. In meeting with charitable organizations 
in my congressional district, it is clear that the business

[[Page H4853]]

community and government agencies could be doing much more to support 
efforts to a growing number of families relying on food assistance from 
charitable organizations.
  Anyone who has visited a grocery store in the last year understands 
the challenge our food banks are facing. U.S. grocery prices increased 
5.1 percent overall during the last year, with a 17-percent increase in 
cost for dairy products, a 13-percent increase for rice and pasta, and 
a 12-percent increase in the cost of breads. This has a tremendous 
impact on the bottom line for American families. For example, if a 
family earns $45,000 a year, it now costs them an extra $1,000 to 
maintain the same food, gas, and basic goods purchases compared to 
2006--a 9.6-percent increase. This makes more families dependent on 
food assistance, and even more affluent families less likely to donate 
to food banks and food pantries.
  I am proud that the food banks and food pantries, grocery stores, and 
chambers of commerce in my district are coming together to raise 
awareness of this challenge and develop community-based solutions. 
Given the large federal agency presence in my district, I believe that 
this bill will help supplement their efforts.
  Mr. Speaker, I urge my colleagues to join me in supporting this 
pragmatic and necessary legislation.
  Ms. FOXX. Mr. Speaker, I yield back the balance of my time.
  Mr. CLAY. Mr. Speaker, I yield back the balance of my time and urge 
my colleagues to support this measure.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Missouri (Mr. Clay) that the House suspend the rules and 
pass the Senate bill, S. 2420.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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