SEC. 2. FOOD DONATION PROGRAM. 
Section 9 of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758) is amended by adding at the 
end the following: 
‘‘(k) FOOD DONATION PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
each school participating in the school lunch pro-
gram under this Act to donate any food not con-
sumed under such program to eligible local food 
banks or charitable organizations. 
‘‘(2) PLAN
REQUIREMENT.—Each school de-
scribed in paragraph (1) shall prepare and submit to 
the local educational agency that serves such school 
a plan that— 
‘‘(A) describes how such school will carry 
out the food donation program requirements 
under this subsection; 
‘‘(B) identifies the name and contact infor-
mation of the school employee administering the 
food donation program; and 
‘‘(C) identifies any eligible local food banks 
or charitable organizations that are located 
within the jurisdiction of the same local govern-
ment as the local educational agency that serves 
such school is located. 
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‘‘(3) REPORTING
REQUIREMENT.—Not later 
than the first day of the fiscal year after the effec-
tive date of this subsection, and annually thereafter, 
each local educational agency that receives plans 
under paragraph (2) shall submit to the Secretary 
such plans. 
‘‘(4) DATABASE
REQUIREMENT.—Not later 
than 2 years after the effective date of this sub-
section, the Secretary shall develop and maintain a 
database of the information described in paragraph 
(2)(B). 
‘‘(5) GUIDANCE.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the effective date of this subsection, 
the Secretary shall develop and publish guid-
ance to schools and local educational agencies 
participating in the school lunch program under 
this Act to assist such schools and local edu-
cational agencies in meeting the requirements 
of this subsection. 
‘‘(B) UPDATES.—The Secretary shall up-
date such guidance as necessary. 
‘‘(6) LIABILITY.—Any school or local edu-
cational agency making donations pursuant to this 
subsection shall be exempt from civil and criminal li-
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ability to the extent provided under the Bill Emer-
son Good Samaritan Food Donation Act (42 U.S.C. 
1791). 
‘‘(7) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE
LOCAL
FOOD
BANKS
OR 
CHARITABLE ORGANIZATIONS.—The phrase ‘eli-
gible local food banks or charitable organiza-
tions’ means any food bank or charitable orga-
nization which is exempt from tax under section 
501(c)(3) of the Internal Revenue Code of 1986 
(26 U.S.C. 501(c)(3)). 
‘‘(B) LOCAL
GOVERNMENT.—The term 
‘local government’ means a city, county, town-
ship, or other general-purpose political subdivi-
sion of a State.’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
not later than July 1 of the year of the enactment of this 
Act. 
Æ 
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