[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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