[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4220 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4220

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2007

   Mrs. Emerson (for herself, Mr. Moran of Kansas, and Mr. McGovern) 
 introduced the following bill; which was referred to the Committee on 
                    Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
  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.

    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 2007''.

SEC. 2. PURPOSE.

    The purpose of this Act is to encourage executive agencies and 
their contractors, whenever practical and safe, to donate excess, 
apparently wholesome food to feed food-insecure people in the United 
States.

SEC. 3. PROMOTING FEDERAL FOOD DONATION.

    (a) Revision of FAR To Include Clause Relating to Food Donations.--
Not later than 180 days after the date of the enactment of this Act, 
the Federal Acquisition Regulation shall be revised to provide that all 
contracts above the simplified acquisition threshold for the provision, 
service, or sale of food, or for the lease or rental of Federal 
property to a private entity for events at which food is provided, 
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;
            (2) provides that the head of an executive agency shall not 
        assume responsibility for the costs and logistics of 
        collecting, transporting, maintaining the safety of, or 
        distributing such excess, apparently wholesome food to food-
        insecure people in the United States; and
            (3) states that executive agencies and contractors making 
        donations pursuant to this Act are protected from civil or 
        criminal liability under the Bill Emerson Good Samaritan Food 
        Donation Act (42 U.S.C. 1791).
    (b) Applicability.--The revisions to the Federal Acquisition 
Regulation made pursuant to subsection (a) shall not apply to contracts 
entered into by the Department of Defense.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Excess.--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.
            (2) Apparently wholesome food.--The term ``apparently 
        wholesome food'' has the meaning provided in section 2(b)(2) of 
        the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 
        1791(b)(2)).
            (3) Nonprofit organization.--The term ``nonprofit 
        organization'' means any organization that is described in 
        section 501(c) of the Internal Revenue Code of 1986 and is 
        exempt from tax under section 501(a) of such Code.
            (4) Food insecure.--The term ``food insecure'' means 
        inconsistent access to sufficient, safe, and nutritious food.
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