[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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