[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9532-S9533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   GOOD SAMARITAN FOOD DONATION BILL

  Mr. SANTORUM. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of H.R. 2428, which is at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A 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 Food 
     Donation Act the full force and effect of law.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. SANTORUM. Mr. President, I rise to support the passage of the 
Good Samaritan Food Donation Act, H.R. 2428. This important measure 
will encourage the charitable distribution of food by establishing a 
single national liability standard for the good-faith donation of food 
and grocery products. It has been named in honor of my good friend, the 
late Bill Emerson, who staunchly advocated this measure as well as 
other nutrition programs during his service in the House of 
Representatives, and I believe it is a fine tribute to his interest and 
commitment to ensuring that hungry Americans are properly fed. I would 
also like to commend Senator Bond and Senator Leahy for their efforts 
in seeing this bill brought to the floor as quickly as possible.
  Liability concerns are the overriding reason why unsalable, but 
otherwise wholesome, food is destroyed rather than donated to charity. 
In 1990, Congress attempted to address these concerns with enactment of 
the Model Good Samaritan Food Donation Act, which gave States a model 
statute to enact in order to provide some measure of protection from 
liability. All 50 States and the District of Columbia have enacted some 
form of legislation aimed at extending liability protections to donors 
and distributors of donated food. Unfortunately, States have taken a 
wide variety of approaches to this issue, leaving donors and 
distributors of food with a confusing patchwork of laws with which to 
contend.
  It is my understanding that none of the various State laws have been 
tested in the courts. Nevertheless, the fear of potential liability 
continues to discourage potential donors 6 years after passage of the 
model statute. When Second Harvest, the Nation's largest network of 
food banks, commissioned a survey last year to examine the factors 
affecting food donations, the fear of liability remained the single 
most important reason why food is destroyed rather than donated.
  Computerization and new inventory practices by some of the Nation's 
largest food retailers and distributors have meant less food is wasted 
in this country. For food banks, this new efficiency has made it more 
difficult to obtain food donations. Fear of liability only makes their 
essential work harder.
  By enacting this measure, Congress will be helping to ensure that 
food banks can respond to the needs of the hungry in our communities. 
This modest bill should be just the first step in a sustained effort to 
see that other obstacles to charitable activities are removed as well.


                     Amendments Nos. 5148 and 5149

  Mr. SANTORUM. I understand there are two amendments at the desk, one 
by Senator Leahy and one by Senator Kennedy. I ask unanimous consent 
they be considered en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Pennsylvania [Mr. Santorum] proposes 
     amendments en bloc numbered 5148 and 5149.

  Mr. SANTORUM. I ask unanimous consent reading of the amendments be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (No. 5148 and 5149) were agreed to, en bloc, as 
follows:


                           amendment no. 5148

       Beginning on page 2, strike line 16 and all that follows 
     through page 3, line 11, and insert the following:
       (C) by striking subsection (c) and inserting the following:
       ``(c) Liability for Damages From Donated Food and Grocery 
     Products.--
       ``(1) Liability of person or gleaner.--A person or gleaner 
     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 
     person or gleaner donates in good faith to a nonprofit 
     organization for ultimate distribution to needy individuals.
       ``(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.
       ``(3) Exception.--Paragraphs (1) and (2) shall not apply to 
     an injury to or death of an ultimate user or recipient of the 
     food or grocery product that results from an act or omission 
     of the person, gleaner, or nonprofit organization, as 
     applicable, constituting gross negligence or intentional 
     misconduct.''.
                                                                    ____



                           amendment no. 5149

       On page 2, line 8, insert ``the title heading and'' before 
     ``sections''.
       On page 2, strike line 15 and insert the following:
       Samaritan'';
       (C) in subsection (b)(7), to read as follows:
       ``(7) Gross negligence.--The term `gross negligence' means 
     voluntary and conscious conduct (including a failure to act) 
     by a person who, at the time of the conduct, knew that the 
     conduct was likely to be harmful to the health or well-being 
     of another person.'';
       On page 3, line 11, strike the period and insert ``; and''.
       On page 3, between lines 11 and 12, insert the following:
       (E) in subsection (f), by adding at the end the following: 
     ``Nothing in this section shall be construed to supersede 
     State or local health regulations.''.
       On page 4, after line 1, insert the following:
       (c) Conforming Amendment.--The table of contents for the 
     National and Community Service Act of 1990 is amended by 
     striking the items relating to title IV.

  Mr. KENNEDY. Mr. President, H.R. 2428 provides limited immunity from 
tort liability for nonprofit food banks. I am pleased to support the 
bill now that it includes my amendment clarifying that nothing in the 
bill supersedes State or local health regulations.
  Tort liability is a central pillar of our legal system. It protects 
consumers by providing an incentive for reasonable care, and it ensures 
reimbursement for those who are injured by negligent conduct. Any 
exceptions to the general rules of tort liability must be narrowly 
tailored.
  I do not object to the effort embodied in this bill to provide a 
measure of additional protection against liability for food banks. 
These organizations engage in important work, and they deserve our 
support. I have some concerns about the scope of the protection we are 
extending to food banks. I would have preferred a definition of gross 
conduct which made clear that conduct, including a failure to act, by a 
person who knew or should have known that the conduct was likely to be 
harmful to the health or well-being of another person would still be 
actionable. But I am satisfied that the standard contained in this bill 
still requires that food donors and food banks exercise care to ensure 
that the food they donate or distribute does not harm the people 
receiving the food.
  My amendment makes explicit the fact that nothing in this Good 
Samaritan Food Donation Act supersedes State or local health 
regulations. If we diminish the protections afforded by the tort laws, 
it is vital for the health

[[Page S9533]]

and safety of those who consume donated food that regulatory 
protections remain in place.
  I also remain concerned about subsection (b) of the bill, which 
transfers this provision from the National and Community Service Act to 
the Child Nutrition Act. But I will not object or seek to amend that 
subsection based on my understanding that the Labor and Human Resources 
Committee will continue to exercise jurisdiction over this provision in 
conjunction with the Agriculture Committee.
  I ask the Senator from Missouri if my understanding of this 
jurisdictional matter is correct.
  Mr. BOND. I agree with the Senator from Massachusetts that we have 
reached that understanding.
  Mr. KENNEDY. I thank my friend.
  Mr. SANTORUM. I ask unanimous consent the amendments be agreed, to en 
bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 5148 and 5149) were agreed to, en bloc.
  Mr. SANTORUM. Mr. President, I ask unanimous consent the bill be 
deemed read the third time and passed, and the motion to reconsider be 
laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 2428) was deemed read the third time and passed.
  Mr. BOND. Mr. President, I am pleased that the Senate supported 
overwhelmingly the passage of H.R. 2428, the Bill Emerson Good 
Samaritan Food Donation Act.
  This is a tremendous tribute to my good friend and colleague from 
Missouri, Congressman Bill Emerson, who represented southeast 
Missouri's Eighth Congressional District for 16 years. Bill Emerson was 
well known in this body, and certainly to many around this city, and 
was loved by the people of southeast Missouri. He had a long and 
distinguished career of service in the U.S. Congress.
  Bill was especially well known for his work in agriculture and in the 
fight against hunger, including being an ardent supporter of food 
distribution programs. One of his legislative priorities this session 
was a bill that would make it easier for millions of tons of unused 
food by restaurants, supermarkets, and other private businesses to end 
up in food pantries and shelters rather than in garbage cans and 
dumpsters.
  The Bill Emerson Good Samaritan Food Donation Act is identical to 
legislation championed by Bill Emerson before his death. In the past, 
private donors have been reluctant to make contributions to nonprofit 
organizations because they are concerned about potential civil and 
criminal liability. With this legislation, private donors will be 
protected from such liability, except in cases of gross negligence and 
intentional misconduct. Those in need will truly benefit from this 
legislation.
  Again, I am happy to be a part of this commonsense approach to fight 
hunger, and I appreciate the cooperation of all Members involved in 
this process.
  Mr. SANTORUM. Mr. President, I want to say this bill was a long time 
coming. We have been hassling through a variety of different 
amendments. I want to thank Senator Leahy, Senator Kennedy, and others 
for their cooperation in finally getting this bill to pass.
  This is a bill that really is a tribute to a friend of mine and many 
here in this body, Bill Emerson, who recently passed away after a long 
bout with cancer. Bill did tremendous work in the area of nutrition on 
the Agriculture Committee in the House. This is a fitting tribute, a 
bill that will bear his name, that will provide much more food for food 
banks to be able to feed needy families all over this country.
  I am very proud to have been involved with this effort. Thank you, 
Mr. President.
  Mrs. HUTCHISON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Texas is recognized.

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