[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9958-H9959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDING THE BILL EMERSON GOOD SAMARITAN FOOD DONATION ACT
Mrs. PELTOLA. Madam Speaker, I move to suspend the rules and pass the
bill (S. 5329) to amend the Bill Emerson Good Samaritan Food Donation
Act to improve the program, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is 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)''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Alaska (Mrs. Peltola) and the gentlewoman from North Carolina (Ms.
Foxx) each will control 20 minutes.
The Chair recognizes the gentlewoman from Alaska.
General Leave
Mrs. PELTOLA. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on S. 5329, a bill to amend the Bill
Emerson Good Samaritan Food Donation Act to improve the program, and
for other purposes.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Alaska?
There was no objection.
Mrs. PELTOLA. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in strong support of S. 5329, the Food Donation
Improvement Act of 2021, championed by Mr. McGovern of Massachusetts,
Mr. Newhouse of Washington, Ms. Pingree of Maine, and the late Mrs.
Walorski of Indiana.
Nearly 40 percent of the food in the United States is wasted, and the
U.S. spends over $408 billion each year disposing of food that has
never even been eaten.
Meanwhile, in 2021 more than 10 percent of households in America
struggled with food insecurity. The Food Donation Improvement Act of
2021 addresses food insecurity by tackling food waste.
Specifically, the bill makes improvements to the Bill Emerson Good
Samaritan Food Donation Act by expanding liability protections that
will encourage food donation, including by protecting direct donation
to needy individuals.
Madam Speaker, simply put, the Food Donation Improvement Act of 2021
makes it easier to donate food that might otherwise go to waste.
Madam Speaker, I urge my colleagues to join me in tackling food waste
and insecurity and vote ``yes'' on S. 5329.
Madam Speaker, I reserve the balance of my time.
{time} 1630
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of S. 5329, the Food Donation
Improvement Act. This bipartisan, bicameral bill will help expand the
donation of food to those most in need. This is the perfect bill to
pass during the holiday season, a time when we are reminded that it is
better to give than to receive.
Specifically, this commonsense legislation extends liability
protections to those who donate food, either directly to a person in
need or to those selling food at a deeply reduced cost. In other words,
it is another avenue to help disadvantaged Americans get the food they
need to thrive.
Helping nonprofits, farmers, schools, restaurants, and others to
assist the hungry in their neighborhoods without increasing costs to
taxpayers is legislating at its best.
This bill ensures generous Americans can give food to those in need
without facing unnecessary liability. Our country is one of the most
generous in the world. It is time to unleash that generosity.
S. 5329 will help reduce food waste, while also increasing support
from Americans most in need. According to Forbes: ``Approximately 40
percent of food in the U.S. is wasted, and the U.S. spends $408 billion
each year processing, transporting, storing, and disposing of food that
is never eaten.''
This is an unnecessary waste, especially when so many Americans could
use this food to feed their families. That is why I support this
legislation, and I urge my colleagues to vote ``yes.''
Madam Speaker, I reserve the balance of my time.
Mrs. PELTOLA. Madam Speaker, I yield 3 minutes to the gentleman from
Massachusetts (Mr. McGovern).
Mr. McGOVERN. Madam Speaker, I thank the gentlewoman for yielding.
Madam Speaker, if you go out behind almost any restaurant, hotel,
grocery store, catering company, or even at some farms in America, you
will find a dirty little secret that is as offensive as it is solvable;
food waste.
This bill, the Food Donation Improvement Act, has a simple goal: Make
it easier for people with extra food to donate it to people in need.
It has been a long and winding road to get here today. This was
supposed to be a part of the omnibus bill. We have very broad
bipartisan support from Democratic and Republican leaders on both sides
of the Capitol. All four corners on the committees of jurisdiction,
Senators Boozman and Stabenow, and our colleagues, Representatives
Virginia Foxx and Bobby Scott signed off on this.
Due to a clerical error, the text of the bill was left out, so we are
trying to pass this as a freestanding bill. All we are doing here is
making sure this truly bipartisan bill moves forward and gets to the
President's desk.
Hunger is not inevitable. We live in a land of abundance. There is
plenty of food for everyone; so much so, in fact, that close to 40
percent of food that is perfectly good gets wasted in America. We don't
have a shortage of food, we have a mismatch between abundance and need,
a mismatch we can solve by passing this commonsense, bipartisan bill.
This bill is so bipartisan because it is very clear that ambiguous,
outdated laws are preventing people who have extra food from donating
it to people who need extra food. All we are doing here is expanding
protections to increase the quantity and efficiency of food donation
efforts.
Madam Speaker, after decades of work, we are moving in the right
direction on hunger. The Biden administration has released a National
Strategy
[[Page H9959]]
on Hunger, Nutrition, and Health, identifying the need to reduce
barriers to food recovery as part of their whole-of-government
response. The Food Donation Improvement Act is an important step toward
making that goal a reality.
Again, I thank Leader Schumer, Senator Blumenthal, Senator Boozman,
Chairwoman Stabenow, Speaker Pelosi, Chairman Bobby Scott, and my good
friend, Ranking Member Virginia Foxx.
I also thank Representatives Dan Newhouse, Chellie Pingree, and the
late Jackie Walorski, for their support of this effort.
I specifically recognize Alex Urry, Dick Meltzer, and Keith Stern, in
the Speaker's Office; Carrie Hughes and Andre Lindsay of the Education
and Labor Committee; and Caitlin Hodgkins and Jenn Chandler on my own
team.
I thank all the anti-hunger and environmental advocacy organizations,
industry leaders, retailers, and food companies who fought so hard to
pass this bill.
I urge all of my colleagues to vote for this bipartisan bill that
will prevent food from going to waste and get us closer to the goal of
ending hunger in America once and for all.
Ms. FOXX. Madam Speaker, I yield myself the balance of my time.
I thank my colleague and friend, Jim McGovern, also for calling this
bill to my attention last week. He pointed this out to me, and I say
that Republicans support good government solutions that prevent waste,
while also providing for those most in need.
Today's legislation is the embodiment of commonsense solutions. It
provides the assurance many Americans need to guarantee they are
protected when giving to those in need.
Our laws should be promoting charity and generosity, not curtailing
it. There is no reason to let food go to waste when we can get it to
those families most in need.
This bipartisan, bicameral legislation will get food to the hungry,
and it does so without adding to the taxpayers' tab. This is a win-win.
Madam Speaker, I urge my colleagues to vote ``yes,'' and I yield back
the balance of my time.
Mrs. PELTOLA. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, food waste is unacceptable as millions of children and
families face food insecurity. By encouraging retailers and
organizations to donate food, the Food Donation Improvement Act of 2021
will make it easier to donate food and, ultimately, crack down on food
waste.
While we have more work to do to ensure every American has consistent
access to nutritious meals, this bill offers us the opportunity to send
a message to Americans that improving food security is a clear priority
for every Member of Congress.
I thank Mr. McGovern of Massachusetts, Mr. Newhouse of Washington,
Ms. Pingree of Maine, and the late Mrs. Walorski of Indiana for their
leadership on this bill.
Madam Speaker, I urge my colleagues to support the legislation, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Alaska (Mrs. Peltola) that the House suspend the rules
and pass the bill, S. 5329.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________