[Congressional Record Volume 142, Number 120 (Thursday, September 5, 1996)]
[House]
[Pages H10089-H10090]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT
Mr. GOODLING. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table 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 Food Donation Act
the full force and effect of law, with Senate amendments thereto, and
concur in the Senate amendments.
The Clerk read the title of the bill.
The Clerk read the Senate amendments, as follows:
Senate amendments: Page 2, line 8, after ``striking''
insert: ``the title heading and''.
Page 2, strike out line 15 and insert: 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.'';
Page 2, strike out all after line 15, over to and including
line 11 on page 3 and insert:
(D) 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 non-profit 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.''; and
Page 3, after line 11 insert:
(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.''.
Page 4, after line 1 insert:
(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. GOODLING (during the reading). Mr. Speaker, I ask unanimous
consent that the Senate amendments be considered as read and printed in
the Record.
The SPEAKER pro tempore (Mr. Barrett of Nebraska). Is there objection
to the request of the gentleman from Pennsylvania?
There was no objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from Pennsylvania?
Mr. CLAY. Mr. Speaker, reserving the right to object, although I do
not intend to object, I ask the gentleman from Pennsylvania [Mr.
Goodling] to offer an explanation of his request.
Mr. GOODLING. Mr. Speaker, will the gentleman yield?
Mr. CLAY. I yield to the gentleman from Pennsylvania.
Mr. GOODLING. Mr. Speaker, on July 12 the House passed H.R. 2428, the
Bill Emerson Good Samaritan Food Donation Act, which would have the
effect of increasing the donation of food products to needy individuals
and their families. This legislation also paid tribute to one of the
finest Members of this body with whom I have had the privilege to
serve, Bill Emerson.
The Senate has now acted on this legislation and returned it to this
body for final action. The only major change to the bill is the
inclusion of language that makes it explicit that nothing in the act
supersedes State or local health regulations. It also makes minor
clarifying changes with respect to the definition of gross negligence.
Mr. Speaker, the threat of liability often inhibits the donation of
food to feed the needy. Individuals and corporations who are interested
in donating food often do not because they are afraid of what will
happen should such food cause harm to recipients. This legislation
eliminates the threat of liability, except in instances of intentional
harm and gross negligence, and it deserves our support.
Mr. Speaker, the legislation meant a great deal to Bill Emerson and
its enactment into law will be a fitting tribute to a man who was
committed to
[[Page H10090]]
improving our Federal nutrition programs and to ensuring that needy
families do not go to bed hungry.
Bill Emerson was a great Member of Congress. He was a man of the
highest character who devoted himself to the cause of reducing hunger
and to making this country and this House a better place. My thanks
also to the gentlewoman from Missouri [Ms. Danner], a cosponsor of this
important legislation, and a driving force in its enactment.
Mr. Speaker, for Bill Emerson and all the needy families who depend
on food donations, I would ask the House give final approval to H.R.
2428, the Bill Emerson Good Samaritan Food Donation Act.
Mr. CLAY. Mr. Speaker, reclaiming my time, I thank the gentleman for
his explanation.
Mr. Speaker, I rise to support the Bill Emerson good samaritan food
donation bill, and I commend my colleague, the gentlewoman from
Missouri [Ms. Danner], for her leadership on this issue. Nothing in
this bill supersedes State or local health regulations. However, by
establishing national liability standards, this bill will encourage and
enable restaurants, grocers and other donors to help feed the hungry.
In addition, Mr. Speaker, to bridging the gap between willing donors
and needy families, passage of this bill is a fitting tribute to Bill
Emerson's efforts to combat hunger throughout his career in this
Congress, and I urge my colleagues to adopt the measure.
Mr. Speaker, continuing my reservation of objection, I yield to the
gentleman from California, [Mr. McKeon].
Mr. McKEON. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, a short time ago we lost one of the most valued Members
of this body, Bill Emerson. Today the House has an opportunity to pay
tribute to our friend and colleague.
One of Bill Emerson's highest priorities during his tenure in this
body was to ensure that our Nation's neediest citizens did not go
hungry. One of his final efforts in this regard was to work with the
gentlewoman from Missouri [Ms. Danner] to pass H.R. 2428, a bill which
would give the Model Good Samaritan Food Donation Act the full force of
Federal law. It was Congressman Emerson's strong belief that enactment
of this legislation would increase donations of food to the needy.
On July 12, 1996, this legislation, renamed the Bill Emerson Good
Samaritan Food Donation Act in his honor, passed the House of
Representatives. The Senate completed action on H.R. 2428 prior to the
August recess and has returned the bill to this body for final
consideration. The gentleman from Pennsylvania, Chairman Goodling, has
outlined the minor changes made to this legislation by the Senate.
Mr. Speaker, we now have opportunity to approve this legislation and
send it to the President. At the same time, we will be paying one final
tribute to Bill Emerson.
On behalf of Bill Emerson and the needy individuals who will benefit
from enactment of this legislation, I urge my colleagues to give final
approval to H.R. 2428.
Mr. CLAY. Mr. Speaker, continuing my reservation of objection, I
yield to the gentlewoman from Missouri [Ms. Danner], one of the chief
sponsors of the bill.
Ms. DANNER. Mr. Speaker, today, as the House votes on the Bill
Emerson good Samaritan Food Donation Act, it brings to an end a long,
but very satisfying, legislative journey, one in which I was privileged
to be joined by my friend, the late Congressman Bill Emerson.
This legislation, which will encourage more businesses to donate food
to the hungry, is a fitting tribute to a man who consistently
demonstrated an enormous capacity for compassion for the hungry and the
less fortunate. Every time another business is willing to donate food
and every time another hungry person receives some of that food, it
adds to the legacy of Bill Emerson's service to our Nation, as well as
his commitment to fighting hunger.
Bill knew, as I do, that we have a responsibility to make certain
that those of us who are blessed with ample supplies of food assist
those who are not.
As the St. Louis Post Dispatch recently editorialized in support of
this bill, ``In a Nation that throws away over 13 billion pounds of
food annually, it is shocking that even one case of malnutrition
exists.''
The issue of wasted food was troubling for Bill Emerson, it was
troubling for me, and I know that other Members of this body agree that
we must act to address this issue.
This is a national issue, but I think it is important to remember
that this legislation stems from a local concern. I want to thank
Harold Martin, an active community volunteer in the Sixth District of
Missouri, who contacted me after a major corporation in St. Joseph
stopped donating food, citing the patchwork of different State laws
that they had to comply with in order to donate food. That did not make
sense to Harold, it did not make sense to Bill Emerson, and it did not
make sense to me. That is why I am pleased that the House of
Representatives and the Senate also understand what many less fortunate
Americans already know, a hungry person is not going to refuse day old
bread or perfectly edible leftover food.
Thank you, Harold, and thank you, Bill, for each of you have given in
your respective ways a voice to the hungry voices that will now be
heard.
Mr. CLAY. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from Pennsylvania?
There was no objection.
A motion to reconsider was laid on the table.
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