[Congressional Record (Bound Edition), Volume 154 (2008), Part 8] [House] [Pages 11053-11054] [From the U.S. 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 [[Page 11054]] 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 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. ____________________