H.R. 4220

Federal Food Donation Act of 2007

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        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4220 Referred in Senate (RFS)]

2d Session
H. R. 4220

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 18, 2007

Received

January 22 (legislative day, January 3), 2008

Read twice and referred to the Committee on Homeland Security and
Governmental Affairs

_______________________________________________________________________

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.

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.

Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation shall be revised to provide
that each contract in an amount greater than $25,000 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).

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.

Passed the House of Representatives December 17, 2007.

Attest:

LORRAINE C. MILLER,

Clerk.