I 
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 con-
tracts 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) in-
troduced the following bill; which was referred to the Committee on Over-
sight and Government Reform 
A BILL 
To encourage the donation of excess food to nonprofit organi-
zations that provide assistance to food-insecure people 
in the United States in contracts entered into by execu-
tive agencies for the provision, service, or sale of food. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 RELAT-
ING TO FOOD DONATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Federal Acquisi-
tion Regulation shall be revised to provide that all con-
tracts 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, appar-
ently wholesome food to nonprofit organizations that 
provide assistance to food-insecure people in the 
United States; 
(2) provides that the head of an executive agen-
cy 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 contrac-
tors making donations pursuant to this Act are pro-
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tected 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 Depart-
ment 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. 
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(4) FOOD
INSECURE.—The term ‘‘food inse-
cure’’ means inconsistent access to sufficient, safe, 
and nutritious food. 
Æ 
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