[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.
____________________