Sec. 712. Amendments to Federal Food Donation Act
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Section 2 of the Federal Food Donation Act of 2008 ( Public Law 110–247 ; 42 U.S.C. 1792 note) is amended by striking encourage and inserting require . Section 3 of the Federal Food Donation Act of 2008 ( Public Law 110–247 ; 42 U.S.C. 1792 note) is amended— by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively; and by inserting after paragraph
(2)the following: The term executive agency has the meaning given the term in section 133 of title 41, United States Code. . Section 4 of the Federal Food Donation Act of 2008 ( Public Law 110–247 ; 42 U.S.C. 1792 ) is amended— by amending subsection
(a)to read as follows: Not later than 180 days after the date of enactment of the Act, the Federal Acquisition Regulation issued in accordance with section 1121 of title 41, United States Code, shall be revised to provide that, except as provided in paragraph (2), all contracts of more than $10,000 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— requires the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; states the terms and conditions described in subsection (b); and requires the annual submission, in a form and manner specified by the executive agency awarding the contract, of the report described in subsection (d). Paragraph
(1)shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the Act that prohibits a donation described in paragraph (1)(A). ; and by adding at the end the following new subsections: This Act shall apply to the House of Representatives and to contracts entered into by the House of Representatives, and to the Senate and to contracts entered into by the Senate, in the same manner and to the same extent as this Act applies to an executive agency and to contracts entered into by an executive agency. For purposes of carrying out paragraph (1)— the Chief Administrative Officer of the House of Representatives shall be considered to be the head of the House of Representatives; and the Secretary of the Senate shall be considered to be the head of the Senate. The report described in this subsection, with respect to a contract described in subsection
(a)entered into by a contractor and an executive agency, is a report from the contractor to the executive agency that describes, for each month of performance of the contract during the year covered by the report, the weight of apparently wholesome food that was, pursuant to the contract, disposed of in each of the following manners: Donation by the contractor pursuant to this Act (organized by the name of the organization receiving such food). Composting or other recycling by the contractor. Discarding by the contractor (organized by the reason such food was so discarded). Not later than 30 days after the date that an executive agency receives a report pursuant to paragraph (1)(C), the agency shall submit a copy of the report to the Director of the Office of Management and Budget. The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received pursuant to paragraph
(2)during the year covered by the report. . The Federal Food Donation Act of 2008 ( 42 U.S.C. 1792 ) is amended by adding at the end the following: There is authorized to be appropriated to the Secretary of Agriculture to carry out this Act $10,000,000 for fiscal year 2022 and each fiscal year thereafter. .
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- Pub. L. 110-247
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