[Congressional Record Volume 142, Number 103 (Friday, July 12, 1996)]
[House]
[Pages H7477-H7480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT

  Mr. GOODLING. Mr. Speaker, pursuant to the order of the House of 
Thursday, July 11, 1996, I move to suspend the rules and pass the bill 
(H.R. 2428) to encourage the donation of food and grocery products to 
nonprofit organizations for distribution to needy individuals by giving 
the Model Good Samaritan Donation Act the full force and effect of law, 
as amended.
  The Clerk read as follows:

                               H.R. 2428

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONVERSION TO PERMANENT LAW OF MODEL GOOD 
                   SAMARITAN FOOD DONATION ACT AND TRANSFER OF 
                   THAT ACT TO CHILD NUTRITION ACT OF 1966.

       (a) Conversion to Permanent Law.--Title IV of the National 
     and Community Service Act of 1990 is amended--
       (1) by striking sections 401 and 403 (42 U.S.C. 12671 and 
     12673); and
       (2) in section 402 (42 U.S.C. 12672)--
       (A) in the section heading, by striking ``MODEL'' and 
     inserting ``BILL EMERSON'';
       (B) in subsection (a), by striking ``Good Samaritan'' and 
     inserting ``Bill Emerson Good Samaritan''; and
       (C) in subsection (c)--
       (i) by striking ``A person or gleaner'' and inserting the 
     following:
       ``(1) Liability of person or gleaner.--A person or 
     gleaner'';
       (ii) by striking ``needy individuals,'' and inserting 
     ``needy individuals.'';
       (iii) by inserting after ``needy individuals.'' (as added 
     by clause (ii)) the following:
       ``(2) Liability of nonprofit organization.--A nonprofit 
     organization shall not be subject to civil or criminal 
     liability arising from the nature, age, packaging, or 
     condition of apparently wholesome food or an apparently fit 
     grocery product that the nonprofit organization received as a 
     donation in good faith from a person or gleaner for ultimate 
     distribution to needy individuals.''; and
       (iv) by striking ``except that this paragraph'' and 
     inserting the following:
       ``(3) Exception.--Paragraphs (1) and (2)''.
       (b) Transfer to Child Nutrition Act of 1966.--Section 402 
     of the National and Community Service Act of 1990 (42 U.S.C. 
     12672) (as amended by subsection (a))--
       (1) is transferred from the National and Community Service 
     Act of 1990 to the Child Nutrition Act of 1966;
       (2) is redesignated as section 22 of the Child Nutrition 
     Act of 1966; and
       (3) is added at the end of such Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Goodling] and the gentleman from Missouri [Mr. Clay] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Goodling].
  (Mr. GOODLING asked and was given permission to revise and extend his 
remarks.)
  Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today we are considering legislation which will have the 
effect of increasing the donation of food products to needy individuals 
and their families and paying tribute to one of the finest Members of 
this body, with whom I have had the privilege to serve, Bill Emerson.
  Many times individuals and corporations are interested in donating 
food to feed the needy. However, the fear of liability prevents them 
from doing so. According to the executive director of the South Central 
Pennsylvania Food Bank, ``We need to mitigate the risk and liability so 
this nutritious food can go to those in great need.''
  H.R. 2428, the Bill Emerson Good Samaritan Food Donation Act, would 
encourage the donation of food products by freeing those who, in good 
faith, donate such products from the threat of

[[Page H7478]]

civil and criminal liability should such products cause harm to the 
recipients of their generosity. It does not, however, in any way free 
such individuals from liability in cases of gross negligence or 
intentional harm.
  Mr. Speaker, I am a strong supporter of our Federal nutrition 
programs and believe they go a long way toward providing the 
nutritional needs to low-income families. This legislation encourages 
communities to get involved in efforts to feed the hungry and improves 
our ability to ensure that citizens of this country do not go to bed 
hungry.
  Since this bill is all about bringing people together to promote the 
greater good for their communities, it is only fitting that we name it 
in honor of Bill Emerson. This is exactly what the career of our late 
beloved colleague Bill Emerson was all about. That is why we have named 
this legislation the Bill Emerson Good Samaritan Food Donation Act as a 
tribute to this fine man and his commitment to improving our Nation's 
nutrition programs.
  Bill Emerson was a true patriot and great Member of Congress. He was 
a Member of the highest character, who devoted himself to the cause of 
reducing hunger and to making this country and this House a better 
place. I know I speak for all of the members of this committee in 
expressing our sadness over his loss and express our heartfelt sympathy 
to his family.
  While we are renaming this bill for Bill Emerson, I would like to 
point out that the gentlewoman from Missouri, Ms. Pat Danner, the key 
sponsor of H.R. 2428, deserves an enormous amount of credit for 
introducing this legislation and championing this cause. Despite all 
the time and effort she has personally invested in this effort, she has 
graciously given her support for our effort to rename this bill to 
recognize Bill Emerson.
  In summary, I urge my colleagues to support this important piece of 
legislation, which will go a long way toward ensuring that our Nation's 
low-income families will receive the nutrition they require to lead 
healthy, productive lives.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to support H.R. 2428, the Bill Emerson Good 
Samaritan Food Donation Act. The purpose of this bill is to encourage 
the donation of wholesome, surplus food to nonprofit organizations, who 
in turn, distribute the food to our Nation's poor and hungry.
  Last year the Food Research and Action Center [FRAC] reported that 
13.6 million children in America below the age of 12 go hungry each 
month. Similarly, the Administration on Aging estimates that hunger 
plagues hundreds of thousands of our elderly each year.
  My late colleague, Bill Emerson, was alarmed by the prevalence of 
hunger in a nation that throws away 20 percent of the food it produces 
each year. Bill Emerson considered it his mission to search for ways to 
combat hunger, and so he enthusiastically became a cosponsor of the 
Good Samaritan Food Donation Act introduced by my colleague from 
Missouri, Congresswoman Pat Danner. We all owe a great deal of 
gratitude to Representative Danner for her vision and compassion in 
developing this legislation.
  By establishing national liability standards, this bill will 
encourage and enable restaurants, grocers, and other donors to feed the 
hungry. In urging support for this bill, Congressman Emerson stated:

       Private companies are too often faced with different State 
     laws governing food donations. These differences can stand 
     between a willing donor and a needy family.

  Bill Emerson's efforts to fight hunger throughout his career in 
Congress make passage of this bill a fitting tribute to his legacy.
  Mr. Speaker, I yield 8 minutes to the gentlewoman from the State of 
Missouri, Ms. Pat Danner.
  Ms. DANNER. Mr. Speaker, often, we hear about the importance of 
timeliness of legislation.
  As we discuss today's bill, the Bill Emerson Good Samaritan Food 
Donation Act, I will be constantly mindful of the article that appeared 
only yesterday in the Kansas City Star--my hometown newspaper. The Star 
carried the article that I have had partially reproduced and which is 
behind me.
  For the first time ever, Project Hunger, the annual summer food 
drive, ran out of supplies while people still waited in line to secure 
food. This year, the contributions were only one-third of the amount 
collected last year.
  Mr. Speaker, this is but a single chapter in a much larger story. The 
U.S. Conference of Mayors has reported that 18 percent of all requests 
for food assistance went unmet last year in the Nation's cities.
  And the Federal Government has estimated that some 14 billion pounds 
of food are discarded by businesses each year.
  These incredible figures were troubling for Bill Emerson, they are 
troubling for me--and I'm confident that other Members of the House 
will agree that we must act now to address this issue.
  Mr. Speaker, the Biblical passage from Leviticus reminds us that: 
``When you reap the harvest of your land, do not reap the corners of 
your field, and do not glean the fallen ears of your crop *  *  * you 
must leave them for the poor and the stranger.''
  Bill Emerson, as a student of the Scriptures and a tireless advocate 
in the war against hunger, brought both life and meaning to that verse.
  Bill heard those words in Leviticus and at the same time he heard the 
voices of the hungry--not only in our Nation--but around the world.
  He knew that the rich gift of fertile soil in his beloved Missouri 
carried with it a great responsibility, a responsibility to produce, 
provide, and share. Bill embraced that challenge in the way he did so 
much else in life--with an unrelenting desire to help others.
  Bill Emerson was an important voice for countless noble causes in 
Congress and this body is immeasurably better today because of his 
service.
  As his funeral procession moved from Cape Girardeau to Hillsboro, a 
most heartfelt scene unfolded as men, women, and children, with 
American flags held high, lined the road--in honor of Bill's service to 
them--and to our Nation.
  And it is a most impressive record of service, indeed.
  Bill had moved through the ranks--from congressional page at the age 
of 15 to chief of staff for Congressman Bob Ellsworth of Kansas and 
later Senator Bob Mathias of Maryland. In 1980, Bill was elected to 
Congress from Missouri's 8th District, where he soon became one of the 
most influential Members of Congress.
  But as Bill gained new, more significant responsibilities he always 
remained, first and foremost, true to himself. He was universally 
regarded as a man of the people who never strayed from public-minded 
service to our country.
  Three of the most important interests in Bill Emerson's life were--
family, religion, and feeding the hungry.
  He was a devoted family man, the leader of a prayer breakfast group, 
and a giant on the Agriculture Committee when it came to hunger issues, 
whether at home or abroad.
  In fact, he served as chair of the Select Committee on Hunger, and in 
that capacity he traveled worldwide in his effort to fight hunger and 
improve nutrition.
  I know that all here will agree with me that there is no more fitting 
tribute to Bill's memory than the passage of this legislation that will 
provide, by some estimates, 50 million additional pounds of food 
annually to the hungry.
  Today, as the House of Representatives considers the Bill Emerson 
Good Samaritan Food Donation Act, we are, in effect, saying: ``Bill, 
your voice will not be forgotten, the course you charted will be 
followed and your legacy will endure.''
  I might also mention that although this legislation is first and 
foremost a fitting testament to a wonderful man, it is also a testament 
to another man who has made feeding the hungry his No. 1 priority.
  May I, briefly, tell the story of how the Good Samaritan bill evolved 
from a local concern in St. Joseph, MO, to legislation in the U.S. 
Congress.
  As an aside, I think if we had more such stories, it would restore 
the American people's faith that their concerns really can make a 
difference.
  Last summer, Herald Martin--an active community volunteer who for 20 
years has gleaned food for the Patee Park Baptist Church Pantry and 
others in St. Joseph--contacted me.

[[Page H7479]]

  Mr. Martin had worked tirelessly--at his own expense, I might add--to 
pick up and distribute leftover food.
  He was understandably frustrated because a major national corporation 
in St. Joseph, which had made food donations in the past, had changed 
its policy and decided to dispose of its day-old bread and other foods 
rather than donate them.
  The corporation had explained to Mr. Martin, and others, that there 
were just too many different State laws governing food donations.
  After speaking with Mr. Martin and doing some research, I learned 
that the current patchwork of State laws has been cited by many 
potential donors as the principal reason so much food is thrown away 
rather than given to food banks and food pantries for distribution to 
the hungry.
  Quite literally, Mr. Martin proved that a single voice that is heard 
can make a difference for the millions of voices that are not heard.
  It is, as a result of that research, that I decided to introduce the 
Good Samaritan Food Donation Act.
  Recognizing Bill Emerson's longstanding support of issues relating to 
the hungry I sought and received his enthusiastic support for the 
legislation.
  It was Bill's tireless effort in talking to members of the 
leadership, committee and subcommittee chairmen, and other members of 
the Republican Party that made this legislation a reality. Once again, 
as so often in the past, Bill Emerson would be responsible for seeing 
that additional food would be made available to the hungry.
  What started with but a single voice almost a year ago has now grown 
into a chorus of support for the legislation--from organizations such 
as Second Harvest, Foodchain, and Forgotten Harvest.
  Simply put, we need a reasonable nationwide law that eliminates 
confusion and forges a stronger alliance between the public and private 
sectors in this Nation. That is exactly what this bill delivers.
  The Bill Emerson Good Samaritan Food Donation Act will establish a 
uniform national law to protect organizations and individuals when they 
donate food in good faith.
  A business should not have to hire a legal team to interpret numerous 
State laws so that it feels comfortable in contributing food to the 
hungry.
  In the final analysis, perhaps the ultimate tragedy of hunger is that 
it is preventable. There is simply no excuse for any man, woman, or 
child in our country to suffer the pangs of hunger.
  Toward that end, this legislation will bring some long overdue common 
sense into the system of laws governing food donations.
  I think we all agree, we can provide a better tribute to our dear, 
departed friend and colleague, Bill Emerson than to pass, in his 
memory, the Bill Emerson Good Samaritan Food Donation Act.
  Mr. GOODLING. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Wisconsin [Mr. Gunderson], a member of the committee.
  (Mr. GUNDERSON asked and was given permission to revise and extend 
his remarks.)
  Mr. GUNDERSON. Mr. Speaker, I rise in strong support of the Bill 
Emerson Good Samaritan Food Donation Act. I want to commend our 
chairman, the gentleman from Pennsylvania [Mr. Goodling], and I want to 
commend our ranking member, the gentleman from Missouri [Mr. Clay], and 
I certainly want to commend our colleague and Bill's colleague, the 
gentlewoman from Missouri [Ms. Danner], for the leadership all three of 
them have shown in bringing this bill before us today.
  This bill epitomizes the life and the service and the philosophy of 
Bill Emerson. This bill encourages charity with a touch of common 
sense. We too often in this House divide ourselves into deep political 
and ideological conflicts. On some things there cannot or at least 
there ought to be any partisan debate. The facts of poverty are one of 
those.
  Some 38 million Americans lived in poverty in 1995. Half of those are 
children or senior citizens. One out of every four children in American 
society today lives in poverty. The United States ranks 24th among all 
nations in infant mortality.
  Bill Emerson was a conservative, but Bill Emerson did not believe 
that conservatives ought to be insensitive to the pain, the reality, 
and the needs of the less fortunate among us. As a result, Bill Emerson 
has had a history during his 16-year service in the U.S. Congress of 
pushing programs to deal with hunger and to deal with poverty. Whether 
it be the oceanic shores of Africa or it be the river of Cape 
Girardeau, Bill Emerson pursued the fight to end hunger wherever he saw 
it.
  Many of us will know him as one of the ardent warriors on behalf of 
commodity donation programs. As he sat next to me on the House 
Committee on Agriculture, he would often lean over to his left, because 
that is the side I sat on, and say, ``Gunderson, can't you get the 
Education and Labor Committee to just agree with us Agies on this 
commodity issue?''
  And of course when it came time to reauthorize the Emergency Food 
Assistance Program, Bill Emerson was the leader in seeing that it was 
there. When it came time to deal with food stamps, and many of us 
remember in the debate last year on welfare reform and on the budget 
reconciliation when we talked about sending everything back home, Bill 
Emerson said, ``I am for sending it home, but there are certain places 
where there has to be a national safety net.'' Because of Bill Emerson, 
there is no partisan debate anymore about sending food stamps back 
home.
  Now, one of Bill Emerson's last fights is the legislation in front of 
us that he introduced with his colleague. The Food Donation Act, as all 
of us know and as we have heard, is intended to encourage the donation 
of food from grocery stores, catering companies, or food distributors 
to whatever food pantries, soup kitchens, or other food service 
community organizations that might be there.

                              {time}  1020

  Bill, because of his health, was unable to testify at that hearing we 
held on this legislation. That did not stop him from submitting 
testimony to the committee.
  And so today, even in his death, the life and the legacy of Bill 
Emerson lives on as we pass this important piece of legislation. I 
commend it to all of my colleagues. I thank my colleagues here for 
their leadership, and I thank Bill Emerson for giving all of us a touch 
of sensitivity of the heart to those in America and around the world 
who are hungry.
  Mr. GOODLING. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California [Mr. McKeon], the subcommittee chairman.
  Mr. McKEON. Mr. Speaker, I rise in support of H.R. 2428, the Bill 
Emerson Good Samaritan Food Donation Act.
  This is an important piece of legislation and so appropriately named 
for our dear friend, Bill Emerson.
  H.R. 2428 is designed to encourage the donation of food and grocery 
products to nonprofit organizations engaged in distribution of such 
items to the needy. The bill will relieve concerns over liability that 
currently exist and that deter companies and individuals from donating 
as freely as they would like.
  Bill Emerson had a keen interest in nutrition programs and spent a 
considerable amount of time focusing and working to improve nutrition 
programs during his congressional career. The Bill Emerson Good 
Samaritan Food Donation Act compliments the existing programs nicely by 
encouraging community involvement in the effort to feed those in need.
  Again, this bill is a fitting tribute to Bill Emerson who is already 
greatly missed by this body. Enactment of this legislation will ensure 
that his work will continue to be recognized, especially by those 
involved in efforts to feed the needy, for many, many years to come.
  Mr. Speaker, I urge support for H.R. 2428, the Bill Emerson Good 
Samaritan Act.
  Mr. CLAY. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. GOODLING. Mr. Speaker, again, I commend the gracious gentlewoman 
from Missouri [Mr. Danner] not only for offering this legislation, but 
also for honoring Bill Emerson and for her very moving message this 
morning, not only in memory of Bill, but I think a very moving message 
for the American people. I ask all to support the legislation.

[[Page H7480]]

  Mr. CONYERS. Mr. Speaker, I have a number of serious reservations 
concerning H.R. 2428. Although I am supportive of the impetus behind 
the legislation--encouraging private entities to donate food to 
nonprofit organizations who distribute food to the needy--I question 
whether preempting traditional State law prerogatives in this area is 
desirable.
  For more than 200 years tort law has been considered to be a State 
law prerogative. The States are in the best position to weigh competing 
considerations and adopt negligence laws which best protect their 
citizens from harm. The area of food donations is a good illustration 
of this dynamic. According to the Congressional Research Service's 
American Law Division, all 50 States have enacted special statutory 
rights concerning food donations. Not surprisingly, the States have 
crafted a variety of liability rules--ranging from those who subject 
all negligent parties to liability, to those who limit liability only 
to grossly negligent or intentional acts.
  Unfortunately, with adoption of this bill, the House will be seeking 
to impose a one-size-fists-all legal standard for food donors based on 
the Model Good Samaritan Food Donation Act, 42 U.S.C. Secs. 12671-
12673, despite the fact that since its enaction in 1990, only one State 
has adopted the Model Act's language. This is exactly the type of 
reckless federalism so many in Congress purport to oppose. Worse yet, 
in federalizing this standard, Congress will be selecting the most 
lenient possible standard of negligence. In particular, I would note 
that the term ``gross negligence'' is so narrowly defined that it may 
not include a failure to act which one should have known would be 
harmful. I believe a standard so loosely drawn constitutes an open 
invitation to harm to our poorest citizens.
  I would also note that Congress is acting on this measure at a time 
when there has been no demonstrated legal problem. There is no outbreak 
in frivolous litigation. The proponents arguments for a uniform Federal 
standard are more based on anecdote than fact.
  I am also concerned that to date the legislative process has 
completely bypassed the Judiciary Committee, which traditionally has 
had primary jurisdiction for any tort law matters. We should not be in 
such a rush to pass legislation that we fail to consider the opinions 
of those Members with relevant expertise.
  It is because of concerns such as these that the conference committee 
on H.R. 2854, the Federal Agriculture Improvement and Reform Act of 
1996, determined to reject adopting legislation similar to that before 
us today. The managers' statement to that legislation wrote:

       [t]he Managers declined to adopt a provision that would 
     convert the Model Good Samaritan Food Donation Act (Pub. L. 
     101-610) to federal law. . . . While the Managers commend the 
     philanthropic intent of such legislation, the Managers 
     understand possible implications of preempting state laws and 
     acknowledge jurisdictional complications. See House Report 
     104-94 at 405.

  It is my hope that as the process moves forward these and other 
problems can be addressed.
  Mr. GOODLING. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Taylor of North Carolina). The question 
is on the motion offered by the gentleman from Pennsylvania [Mr. 
Goodling] that the House suspend the rules and pass the bill, H.R. 
2428, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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