118 STAT. 1969 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(f) DONATION OF UNUSABLE FOOD.—(1) The Secretary of Defense may donate food described in paragraph (2) to any of the following entities: ‘‘(A) A charitable nonprofit food bank that is designated by the Secretary of Defense or the Secretary of Health and Human Services as authorized to receive such donations. ‘‘(B) A State or local agency that is designated by the Secretary of Defense or the Secretary of Health and Human Services as authorized to receive such donations. ‘‘(C) A chapter or other local unit of a recognized national veterans organization that provides services to persons without adequate shelter and is designated by the Secretary of Veterans Affairs as authorized to receive such donations. ‘‘(D) A not for profit organization that provides care for homeless veterans and is designated by the Secretary of Vet erans Affairs as authorized to receive such donations. ‘‘(2) Food that may be donated under this subsection is com missary store food, mess food, meals ready to eat (MREs), rations known as humanitarian daily rations (HDRs), and other food avail able to the Secretary of Defense that— ‘‘(A) is certified as edible by appropriate food inspection technicians; ‘‘(B) would otherwise be destroyed as unusable; and ‘‘(C) in the case of commissary store food, is unmarketable and unsaleable. ‘‘(3) In the case of commissary store food, a donation under this subsection shall take place at the site of the commissary store that is donating the food. ‘‘(4) This subsection does not authorize any service (including transportation) to be provided in connection with a donation under this subsection. ‘‘(g) COLLECTION OF DISHONORED CHECKS.—(1) The Secretary of Defense may impose a charge for the collection of a check accepted at a commissary store that is not honored by the financial institu tion on which the check is drawn. The imposition and amounts of charges shall be consistent with practices of commercial grocery stores regarding dishonored checks. ‘‘(2)(A) The following persons are liable to the United States for the amount of a check referred to in paragraph (1) that is returned unpaid to the United States, together with any charge imposed under that paragraph: ‘‘(i) The person who presented the check. ‘‘(ii) Any person whose status and relationship to the person who presented the check provide the basis for that person’s eligibility to make purchases at a commissary store. ‘‘(B) Any amount for which a person is liable under subpara graph (A) may be collected by deducting and withholding such amount from any amounts payable to that person by the United States. ‘‘(3) Amounts collected as charges imposed under paragraph (1) shall be credited to the commissary trust revolving fund. ‘‘(4) Appropriated funds may be used to pay any costs incurred in the collection of checks and charges referred to in paragraph (1). An appropriation account charged a cost under the preceding sentence shall be reimbursed the amount of that cost out of funds in the commissary trust revolving fund.
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