[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.