One Hundred Tenth Congress of the United States of America
Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight
IN THE SENATE OF THE UNITED STATES
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.
This Act may be cited as the
Federal Food Donation Act of
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.
In this Act:
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)).
The term excess, when applied to food, means food that—
is not required to meet the needs of executive agencies; and
would otherwise be discarded.
The term food-insecure means inconsistent access to sufficient, safe, and nutritious food.
The term nonprofit organization means any organization that is—
described in section 501(c) of the Internal Revenue Code of 1986; and
exempt from tax under section 501(a) of that Code.
Promoting Federal food donation
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—
encourages the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; and
states the terms and conditions described in subsection (b).
Terms and conditions
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.
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).
Speaker of the House of Representatives
Vice President of the United States and President of the Senate