Amendments to Federal Food Donation Act

(a) Purpose Section 2 of the Federal Food Donation Act of 2008 (Public Law 110–247; 42 U.S.C. 1792 note) is amended by striking encourage and inserting require. (b) Definitions Section 3 of the Federal Food Donation Act of 2008 (Public Law 110–247; 42 U.S.C. 1792 note) is amended— (1) in paragraph (1), by striking section 2(b) and inserting subsection (b); (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (2) the following: (3) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code.. (c) Report on food waste by certain Federal contractors Section 4 of the Federal Food Donation Act of 2008 (42 U.S.C. 1792) is amended— (1) by striking subsection (a) and inserting the following: (a) Revision of Federal Acquisition Regulation (1) Requirement Not later than 180 days after the date of enactment of the Agriculture Resilience Act of 2025, the Federal Acquisition Regulation issued in accordance with section 1121 of title 41, United States Code, shall be revised to provide that, except as provided in paragraph (2), all contracts greater than $10,000 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— (A) requires the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; (B) states the terms and conditions described in subsection (b); and (C) requires the submission of a report, annually if applicable— (i) in a form and manner specified by the executive agency awarding the contract; and (ii) that describes, for each month of performance of the contract during the period covered by the report, the weight of apparently wholesome food that was disposed of pursuant to the contract by— (I) donation, organized by the name of the organization receiving the food; (II) composting or other recycling; or (III) discarding, organized by the reason that the food was discarded. (2) Exception Paragraph (1) shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the Agriculture Resilience Act of 2025 that prohibits a donation described in paragraph (1)(A).; and (2) by adding at the end the following: (c) Application to Congress (1) Contracts This Act shall apply to the Senate and the House of Representatives, and to contracts entered into by the Senate and the House of Representatives, in the same manner and to the same extent as this Act applies to an executive agency and contracts entered into by an executive agency pursuant to this Act. (2) Administration For purposes of carrying out paragraph (1)— (A) the Secretary of the Senate shall be considered to be the head of the Senate; and (B) the Chief Administrative Officer of the House of Representatives shall be considered to be the head of the House of Representatives. (d) Reports (1) Report to OMB Not later than 30 days after the date on which an executive agency receives a report described in subsection (a)(1)(C), the executive agency shall submit a copy of the report to the Director of the Office of Management and Budget. (2) Report to Congress The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received under paragraph (1) during the year covered by the annual report.. (d) Authorization of appropriations The Federal Food Donation Act of 2008 (Public Law 110–247; 122 Stat. 2314) is amended by adding at the end the following: 5. Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this Act $10,000,000 for fiscal year 2026 and each fiscal year thereafter..