[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.

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