IIB 
110TH CONGRESS 
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 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, 
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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 enact-
ment 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, 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 
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(3) states that executive agencies and contrac-
tors making donations pursuant to this Act are pro-
tected 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. 
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(4) FOOD
INSECURE.—The term ‘‘food inse-
cure’’ means inconsistent access to sufficient, safe, 
and nutritious food. 
Passed the House of Representatives December 17, 
2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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