E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION Vol. 142 WASHINGTON, FRIDAY, JULY 12, 1996 No. 103 House of Representatives The House met at 9 a.m. and was TON] come forward and lead the House subject to civil or criminal liability arising called to order by the Speaker pro tem- in the Pledge of Allegiance. from the nature, age, packaging, or condi- tion of apparently wholesome food or an ap- pore [Mr. TAYLOR of North Carolina]. Mr. SKELTON led the Pledge of Alle- parently fit grocery product that the non- f giance as follows: profit organization received as a donation in I pledge allegiance to the Flag of the DESIGNATION OF THE SPEAKER good faith from a person or gleaner for ulti- United States of America, and to the Repub- mate distribution to needy individuals.''; and PRO TEMPORE lic for which it stands, one nation under God, (iv) by striking ``except that this para- The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. graph'' and inserting the following: fore the House the following commu- f ``(3) EXCEPTION.ÐParagraphs (1) and (2)''. (b) TRANSFER TO CHILD NUTRITION ACT OF nication from the Speaker: BILL EMERSON GOOD SAMARITAN 1966.ÐSection 402 of the National and Com- WASHINGTON, DC, FOOD DONATION ACT munity Service Act of 1990 (42 U.S.C. 12672) July 12, 1996. (as amended by subsection (a))Ð I hereby designate the Honorable CHARLES Mr. GOODLING. Mr. Speaker, pursu- (1) is transferred from the National and H. TAYLOR to act as Speaker pro tempore on ant to the order of the House of Thurs- Community Service Act of 1990 to the Child this day. day, July 11, 1996, I move to suspend Nutrition Act of 1966; NEWT GINGRICH, the rules and pass the bill (H.R. 2428) to (2) is redesignated as section 22 of the Child Speaker of the House of Representatives. encourage the donation of food and Nutrition Act of 1966; and (3) is added at the end of such Act. f grocery products to nonprofit organiza- The SPEAKER pro tempore. Pursu- tions for distribution to needy individ- PRAYER ant to the rule, the gentleman from uals by giving the Model Good Samari- Pennsylvania [Mr. GOODLING] and the The Chaplain, Rev. James David tan Donation Act the full force and ef- gentleman from Missouri [Mr. CLAY] Ford, D.D., offered the following pray- fect of law, as amended. er: each will control 20 minutes. The Clerk read as follows: The Chair recognizes the gentleman O gracious God, from whom has come H.R. 2428 all the gifts that make us whole and from Pennsylvania [Mr. GOODLING]. Be it enacted by the Senate and House of Rep- (Mr. GOODLING asked and was given make us human, we pray that Your resentatives of the United States of America in permission to revise and extend his re- Spirit will so live in our spirits that Congress assembled, marks.) our thoughts and vision, our words and SECTION 1. CONVERSION TO PERMANENT LAW Mr. GOODLING. Mr. Speaker, I yield deeds will be strengthened and made OF MODEL GOOD SAMARITAN FOOD myself such time as I may consume. right by Your blessings to us. For all DONATION ACT AND TRANSFER OF THAT ACT TO CHILD NUTRITION ACT Mr. Speaker, today we are consider- Your good gifts that come to us and OF 1966. ing legislation which will have the ef- grace our lives with cleansing and new (a) CONVERSION TO PERMANENT LAW.ÐTitle fect of increasing the donation of food life, that point us on the way and ac- IV of the National and Community Service products to needy individuals and their company us along the path, for these Act of 1990 is amendedÐ families and paying tribute to one of gifts and all the wonders of Your Spir- (1) by striking sections 401 and 403 (42 the finest Members of this body, with it, we offer this prayer of thanksgiving U.S.C. 12671 and 12673); and whom I have had the privilege to serve, and praise. Amen. (2) in section 402 (42 U.S.C. 12672)Ð (A) in the section heading, by striking Bill Emerson. f ``MODEL'' and inserting ``BILL EMERSON''; Many times individuals and corpora- tions are interested in donating food to THE JOURNAL (B) in subsection (a), by striking ``Good Sa- maritan'' and inserting ``Bill Emerson Good feed the needy. However, the fear of li- The SPEAKER pro tempore. The Samaritan''; and ability prevents them from doing so. Chair has examined the Journal of the (C) in subsection (c)Ð According to the executive director of last day's proceedings and announces (i) by striking ``A person or gleaner'' and the South Central Pennsylvania Food to the House his approval thereof. inserting the following: Bank, ``We need to mitigate the risk Pursuant to clause 1, rule I, the Jour- ``(1) LIABILITY OF PERSON OR GLEANER.ÐA and liability so this nutritious food can nal stands approved. person or gleaner''; go to those in great need.'' (ii) by striking ``needy individuals,'' and f inserting ``needy individuals.''; H.R. 2428, the Bill Emerson Good Sa- maritan Food Donation Act, would en- PLEDGE OF ALLEGIANCE (iii) by inserting after ``needy individuals.'' (as added by clause (ii)) the following: courage the donation of food products The SPEAKER pro tempore. Will the ``(2) LIABILITY OF NONPROFIT ORGANIZA- by freeing those who, in good faith, do- gentleman from Missouri [Mr. SKEL- TION.ÐA nonprofit organization shall not be nate such products from the threat of b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. H7477 H7478 CONGRESSIONAL RECORD Ð HOUSE July 12, 1996 civil and criminal liability should such the food it produces each year. Bill with it a great responsibility, a respon- products cause harm to the recipients Emerson considered it his mission to sibility to produce, provide, and share. of their generosity. It does not, how- search for ways to combat hunger, and Bill embraced that challenge in the ever, in any way free such individuals so he enthusiastically became a co- way he did so much else in lifeÐwith from liability in cases of gross neg- sponsor of the Good Samaritan Food an unrelenting desire to help others. ligence or intentional harm. Donation Act introduced by my col- Bill Emerson was an important voice Mr. Speaker, I am a strong supporter league from Missouri, Congresswoman for countless noble causes in Congress of our Federal nutrition programs and PAT DANNER. We all owe a great deal of and this body is immeasurably better believe they go a long way toward pro- gratitude to Representative DANNER today because of his service. viding the nutritional needs to low-in- for her vision and compassion in devel- As his funeral procession moved from come families. This legislation encour- oping this legislation. Cape Girardeau to Hillsboro, a most ages communities to get involved in ef- By establishing national liability heartfelt scene unfolded as men, forts to feed the hungry and improves standards, this bill will encourage and women, and children, with American our ability to ensure that citizens of enable restaurants, grocers, and other flags held high, lined the roadÐin this country do not go to bed hungry. donors to feed the hungry. In urging honor of Bill's service to themÐand to Since this bill is all about bringing support for this bill, Congressman Em- our Nation. people together to promote the greater erson stated: And it is a most impressive record of good for their communities, it is only service, indeed. Private companies are too often faced with Bill had moved through the ranksÐ fitting that we name it in honor of Bill different State laws governing food dona- Emerson. This is exactly what the ca- tions. These differences can stand between a from congressional page at the age of reer of our late beloved colleague Bill willing donor and a needy family. 15 to chief of staff for Congressman Bob Ellsworth of Kansas and later Senator Emerson was all about. That is why we Bill Emerson's efforts to fight hunger Bob Mathias of Maryland. In 1980, Bill have named this legislation the Bill throughout his career in Congress was elected to Congress from Missou- Emerson Good Samaritan Food Dona- make passage of this bill a fitting trib- ri's 8th District, where he soon became tion Act as a tribute to this fine man ute to his legacy. one of the most influential Members of and his commitment to improving our Mr. Speaker, I yield 8 minutes to the Congress. Nation's nutrition programs. gentlewoman from the State of Mis- But as Bill gained new, more signifi- Bill Emerson was a true patriot and souri, Ms. PAT DANNER. cant responsibilities he always re- great Member of Congress. He was a Ms. DANNER. Mr. Speaker, often, we mained, first and foremost, true to Member of the highest character, who hear about the importance of timeli- himself. He was universally regarded as devoted himself to the cause of reduc- ness of legislation. a man of the people who never strayed ing hunger and to making this country As we discuss today's bill, the Bill from public-minded service to our and this House a better place. I know I Emerson Good Samaritan Food Dona- tion Act, I will be constantly mindful country.