[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9532-S9533]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
GOOD SAMARITAN FOOD DONATION BILL
Mr. SANTORUM. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of H.R. 2428, which is at the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A 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.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Mr. SANTORUM. Mr. President, I rise to support the passage of the
Good Samaritan Food Donation Act, H.R. 2428. This important measure
will encourage the charitable distribution of food by establishing a
single national liability standard for the good-faith donation of food
and grocery products. It has been named in honor of my good friend, the
late Bill Emerson, who staunchly advocated this measure as well as
other nutrition programs during his service in the House of
Representatives, and I believe it is a fine tribute to his interest and
commitment to ensuring that hungry Americans are properly fed. I would
also like to commend Senator Bond and Senator Leahy for their efforts
in seeing this bill brought to the floor as quickly as possible.
Liability concerns are the overriding reason why unsalable, but
otherwise wholesome, food is destroyed rather than donated to charity.
In 1990, Congress attempted to address these concerns with enactment of
the Model Good Samaritan Food Donation Act, which gave States a model
statute to enact in order to provide some measure of protection from
liability. All 50 States and the District of Columbia have enacted some
form of legislation aimed at extending liability protections to donors
and distributors of donated food. Unfortunately, States have taken a
wide variety of approaches to this issue, leaving donors and
distributors of food with a confusing patchwork of laws with which to
contend.
It is my understanding that none of the various State laws have been
tested in the courts. Nevertheless, the fear of potential liability
continues to discourage potential donors 6 years after passage of the
model statute. When Second Harvest, the Nation's largest network of
food banks, commissioned a survey last year to examine the factors
affecting food donations, the fear of liability remained the single
most important reason why food is destroyed rather than donated.
Computerization and new inventory practices by some of the Nation's
largest food retailers and distributors have meant less food is wasted
in this country. For food banks, this new efficiency has made it more
difficult to obtain food donations. Fear of liability only makes their
essential work harder.
By enacting this measure, Congress will be helping to ensure that
food banks can respond to the needs of the hungry in our communities.
This modest bill should be just the first step in a sustained effort to
see that other obstacles to charitable activities are removed as well.
Amendments Nos. 5148 and 5149
Mr. SANTORUM. I understand there are two amendments at the desk, one
by Senator Leahy and one by Senator Kennedy. I ask unanimous consent
they be considered en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Pennsylvania [Mr. Santorum] proposes
amendments en bloc numbered 5148 and 5149.
Mr. SANTORUM. I ask unanimous consent reading of the amendments be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (No. 5148 and 5149) were agreed to, en bloc, as
follows:
amendment no. 5148
Beginning on page 2, strike line 16 and all that follows
through page 3, line 11, and insert the following:
(C) 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 nonprofit 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.''.
____
amendment no. 5149
On page 2, line 8, insert ``the title heading and'' before
``sections''.
On page 2, strike line 15 and insert the following:
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.'';
On page 3, line 11, strike the period and insert ``; and''.
On page 3, between lines 11 and 12, insert the following:
(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.''.
On page 4, after line 1, insert the following:
(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. KENNEDY. Mr. President, H.R. 2428 provides limited immunity from
tort liability for nonprofit food banks. I am pleased to support the
bill now that it includes my amendment clarifying that nothing in the
bill supersedes State or local health regulations.
Tort liability is a central pillar of our legal system. It protects
consumers by providing an incentive for reasonable care, and it ensures
reimbursement for those who are injured by negligent conduct. Any
exceptions to the general rules of tort liability must be narrowly
tailored.
I do not object to the effort embodied in this bill to provide a
measure of additional protection against liability for food banks.
These organizations engage in important work, and they deserve our
support. I have some concerns about the scope of the protection we are
extending to food banks. I would have preferred a definition of gross
conduct which made clear that conduct, including a failure to act, by a
person who knew or should have known that the conduct was likely to be
harmful to the health or well-being of another person would still be
actionable. But I am satisfied that the standard contained in this bill
still requires that food donors and food banks exercise care to ensure
that the food they donate or distribute does not harm the people
receiving the food.
My amendment makes explicit the fact that nothing in this Good
Samaritan Food Donation Act supersedes State or local health
regulations. If we diminish the protections afforded by the tort laws,
it is vital for the health
[[Page S9533]]
and safety of those who consume donated food that regulatory
protections remain in place.
I also remain concerned about subsection (b) of the bill, which
transfers this provision from the National and Community Service Act to
the Child Nutrition Act. But I will not object or seek to amend that
subsection based on my understanding that the Labor and Human Resources
Committee will continue to exercise jurisdiction over this provision in
conjunction with the Agriculture Committee.
I ask the Senator from Missouri if my understanding of this
jurisdictional matter is correct.
Mr. BOND. I agree with the Senator from Massachusetts that we have
reached that understanding.
Mr. KENNEDY. I thank my friend.
Mr. SANTORUM. I ask unanimous consent the amendments be agreed, to en
bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (Nos. 5148 and 5149) were agreed to, en bloc.
Mr. SANTORUM. Mr. President, I ask unanimous consent the bill be
deemed read the third time and passed, and the motion to reconsider be
laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 2428) was deemed read the third time and passed.
Mr. BOND. Mr. President, I am pleased that the Senate supported
overwhelmingly the passage of H.R. 2428, the Bill Emerson Good
Samaritan Food Donation Act.
This is a tremendous tribute to my good friend and colleague from
Missouri, Congressman Bill Emerson, who represented southeast
Missouri's Eighth Congressional District for 16 years. Bill Emerson was
well known in this body, and certainly to many around this city, and
was loved by the people of southeast Missouri. He had a long and
distinguished career of service in the U.S. Congress.
Bill was especially well known for his work in agriculture and in the
fight against hunger, including being an ardent supporter of food
distribution programs. One of his legislative priorities this session
was a bill that would make it easier for millions of tons of unused
food by restaurants, supermarkets, and other private businesses to end
up in food pantries and shelters rather than in garbage cans and
dumpsters.
The Bill Emerson Good Samaritan Food Donation Act is identical to
legislation championed by Bill Emerson before his death. In the past,
private donors have been reluctant to make contributions to nonprofit
organizations because they are concerned about potential civil and
criminal liability. With this legislation, private donors will be
protected from such liability, except in cases of gross negligence and
intentional misconduct. Those in need will truly benefit from this
legislation.
Again, I am happy to be a part of this commonsense approach to fight
hunger, and I appreciate the cooperation of all Members involved in
this process.
Mr. SANTORUM. Mr. President, I want to say this bill was a long time
coming. We have been hassling through a variety of different
amendments. I want to thank Senator Leahy, Senator Kennedy, and others
for their cooperation in finally getting this bill to pass.
This is a bill that really is a tribute to a friend of mine and many
here in this body, Bill Emerson, who recently passed away after a long
bout with cancer. Bill did tremendous work in the area of nutrition on
the Agriculture Committee in the House. This is a fitting tribute, a
bill that will bear his name, that will provide much more food for food
banks to be able to feed needy families all over this country.
I am very proud to have been involved with this effort. Thank you,
Mr. President.
Mrs. HUTCHISON addressed the Chair.
The PRESIDING OFFICER. The Senator from Texas is recognized.
____________________