[110th Congress Public Law 247]
[From the U.S. Government Printing Office]


[DOCID: f:publ247.110]

[[Page 122 STAT. 2314]]

Public Law 110-247
110th Congress

                                 An Act


 
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. <<NOTE: June 20, 2008 -  [S. 2420]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Federal Food 
Donation Act of 2008.>> 
SECTION 1. <<NOTE: 42 USC 1771 note.>> SHORT TITLE.

    This Act may be cited as the ``Federal Food Donation Act of 2008''.
SEC. 2. <<NOTE: 42 USC 1792 note.>> 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. <<NOTE: 42 USC 1792 note.>> 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. <<NOTE: 42 USC 1792.>> PROMOTING FEDERAL FOOD DONATION.

    (a) In General.--Not <<NOTE: Deadline.>> 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--

[[Page 122 STAT. 2315]]

            (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).

    Approved June 20, 2008.

LEGISLATIVE HISTORY--S. 2420 (H.R. 4220):
---------------------------------------------------------------------------

SENATE REPORTS: No. 110-338 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            May 22, considered and passed Senate.
            June 3, considered and passed House.

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