[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 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 2315]] 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.