[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Page S9613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AMENDING THE BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT TO IMPROVE 
                              THE PROGRAM

  Mr. HEINRICH. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 5329, introduced earlier 
today by Senator Blumenthal.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 5329) to amend the Bill Emerson Good Samaritan 
     Food Donation Act to improve the program, and for other 
     purposes.



 =========================== NOTE =========================== 

  
  On page S9613, December 20, 2022, first column, the following 
appears: A bill (S. 5329) to amend the Bill Emerson Good Samaritan 
Food Donation Act to approve the program, and for other purposes.
  
  The online Record has been corrected to read: A bill (S. 5329) 
to amend the Bill Emerson Good Samaritan Food Donation Act to 
improve the program, and for other purposes.


 ========================= END NOTE ========================= 


  There being no objection, the Senate proceeded to consider the bill.
  Mr. HEINRICH. I further ask that the bill be considered read a third 
time and passed and the motion to reconsider be considered made and 
laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 5329) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 5329

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

     SECTION 1. BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT.

       The Bill Emerson Good Samaritan Food Donation Act (42 
     U.S.C. 1791) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by inserting ``or is charged a good 
     Samaritan reduced price'' before the period at the end;
       (B) by redesignating paragraphs (6) through (10) as 
     paragraphs (7) through (11), respectively;
       (C) by inserting after paragraph (5) the following:
       ``(6) Good samaritan reduced price.--The term `good 
     Samaritan reduced price' means, with respect to the price of 
     an apparently wholesome food or apparently fit grocery 
     product, a price that is an amount not greater than the cost 
     of handling, administering, harvesting, processing, 
     packaging, transporting, and distributing the apparently 
     wholesome food or apparently fit grocery product.''; and
       (D) by adding at the end the following:
       ``(12) Qualified direct donor.--The term `qualified direct 
     donor' means a retail grocer, wholesaler, agricultural 
     producer, agricultural processor, agricultural distributor, 
     restaurant, caterer, school food authority, or institution of 
     higher education (as defined in section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002)).''; and
       (2) in subsection (c)--
       (A) in paragraphs (1) and (2), by inserting ``at zero cost 
     or at a good Samaritan reduced price'' after ``needy 
     individuals'' each place it appears;
       (B) by redesignating paragraph (3) as paragraph (4);
       (C) by inserting after paragraph (2) the following:
       ``(3) Direct donations to needy individuals.--A qualified 
     direct donor 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 qualified direct donor donates in 
     good faith to a needy individual at zero cost.''; and
       (D) in paragraph (4) (as so redesignated), by striking 
     ``and (2)'' and inserting ``, (2), and (3)''.

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