IB 

Union Calendar No. 419 

108TH CONGRESS 

2D SESSION H. R. 1787 

[Report No. 108–680] 

To remove civil liability barriers that discourage the donation of fire 

equipment to volunteer fire companies. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 11, 2003 

Mr. CASTLE (for himself, Mr. KENNEDY of Minnesota, Mr. PASCRELL, Mr. 

WILSON of South Carolina, Mr. MCNULTY, Ms. HARMAN, Mr. SMITH of 

Michigan, Mr. GOODE, Mr. COLE, Mr. FOSSELLA, Mr. MCHUGH, Mr. 

DUNCAN, Mr. BRADY of Texas, Mr. BEREUTER, Mr. KING of New York, 

Mr. WALSH, Mr. GILCHREST, Mr. DOYLE, Mr. NEY, Mr. SHIMKUS, Mr. 

EMANUEL, Mr. EHLERS, Mr. DAVIS of Tennessee, Mr. REYNOLDS, Mr. 

MCGOVERN, and Ms. GINNY BROWN-WAITE of Florida) introduced the 

following bill; which was referred to the Committee on the Judiciary 

SEPTEMBER 13, 2004 

Additional sponsors: Mrs. EMERSON, Mr. ETHERIDGE, Mr. WELDON of Pennsylvania, Mr. FALEOMAVAEGA, Ms. KILPATRICK, Mr. KING of Iowa, Mr. 

BAKER, Mr. MCINNIS, Mrs. JO ANN DAVIS of Virginia, Mr. UPTON, Mr. 

LATOURETTE, Mr. HOUGHTON, Mr. WOLF, Mr. UDALL of Colorado, Mr. 

GREEN of Wisconsin, Mr. FROST, Mrs. KELLY, Mr. BOEHLERT, Mr. 

ROGERS of Michigan, Mr. ROGERS of Kentucky, Mr. BROWN of South 

Carolina, Mr. STEARNS, Mr. BURGESS, Mr. GIBBONS, Mr. FRANK of 

Massachusetts, Mr. GRIJALVA, Mr. MCINTYRE, Mr. BURR, Mr. PLATTS, 

Mr. HOLDEN, Ms. CORRINE BROWN of Florida, Mr. SCOTT of Georgia, 

Mr. RUPPERSBERGER, Mr. LUCAS of Kentucky, Mr. CASE, Mr. COX, Mr. 

OWENS, Ms. DELAURO, Mr. BRADY of Pennsylvania, Mr. BEAUPREZ, Mr. 

REHBERG, Mr. LATHAM, and Mrs. CAPITO

SEPTEMBER 13, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 11, 2003] 

A BILL 

To remove civil liability barriers that discourage the donation 

of fire equipment to volunteer fire companies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Good Samaritan Volun5 teer Firefighter Assistance Act of 2004’’. 

6 SEC. 2. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DIS7 COURAGE THE DONATION OF FIRE EQUIP8 MENT TO VOLUNTEER FIRE COMPANIES. 

9 (a) LIABILITY PROTECTION.—A person who donates 

10 fire control or fire rescue equipment to a volunteer fire com11 pany shall not be liable for civil damages under any State 

12 or Federal law for personal injuries, property damage or 

13 loss, or death proximately caused by the equipment after 

14 the donation. 

15 (b) EXCEPTIONS.—Subsection (a) does not apply to a 

16 person if— 

17 (1) the person’s act or omission proximately 

18 causing the injury, damage, loss, or death constitutes 

19 gross negligence or intentional misconduct; or 
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1 (2) the person is the manufacturer of the fire 

2 control or fire rescue equipment. 

3 (c) PREEMPTION.—This Act preempts the laws of any 

4 State to the extent that such laws are inconsistent with this 

5 Act, except that notwithstanding subsection (b) this Act 

6 shall not preempt any State law that provides additional 

7 protection from liability for a person who donates fire con8 trol or fire rescue equipment to a volunteer fire company. 

9 (d) DEFINITIONS.—In this section: 

10 (1) PERSON.—The term ‘‘person’’ includes any 

11 governmental or other entity. 

12 (2) FIRE CONTROL OR RESCUE EQUIPMENT.— 

13 The term ‘‘fire control or fire rescue equipment’’ in14 cludes any fire vehicle, fire fighting tool, communica15 tions equipment, protective gear, fire hose, or breath16 ing apparatus. 

17 (3) STATE.—The term ‘‘State’’ includes the sev18 eral States, the District of Columbia, the Common19 wealth of Puerto Rico, the Commonwealth of the 

20 Northern Mariana Islands, American Samoa, Guam, 

21 the Virgin Islands, any other territory or possession 

22 of the United States, and any political subdivision of 

23 any such State, territory, or possession. 

24 (4) VOLUNTEER FIRE COMPANY.—The term ‘‘vol25 unteer fire company’’ means an association of indi-
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1 viduals who provide fire protection and other emer2 gency services, where at least 30 percent of the indi3 viduals receive little or no compensation compared 

4 with an entry level full-time paid individual in that 

5 association or in the nearest such association with an 

6 entry level full-time paid individual. 

7 (e) EFFECTIVE DATE.—This Act applies only to liabil8 ity for injury, damage, loss, or death caused by equipment 

9 that, for purposes of subsection (a), is donated on or after 

10 the date that is 30 days after the date of the enactment 

11 of this Act. 

12 SEC. 3. STATE-BY-STATE REVIEW OF DONATION OF FIRE13 FIGHTER EQUIPMENT. 

14 (a) IN GENERAL.—The Attorney General of the United 

15 States shall conduct a State-by-State review of the donation 

16 of firefighter equipment to volunteer firefighter companies 

17 during the 5-year period ending on the date of the enact18 ment of this Act. 

19 (b) REPORT.—Not later than 6 months after the date 

20 of the enactment of this Act, the Attorney General of the 

21 United States shall publish and submit to the Congress a 

22 report on the results of the review conducted under sub23 section (a). The report shall include, for each State, the most 

24 effective way to fund firefighter companies, whether first re25 sponder funding is sufficient to respond to the Nation’s 
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1 needs, and the best method to ensure that the equipment 

2 donated to volunteer firefighter companies is in usable con3 dition. 
Union Calendar No. 419 

108TH CONGRESS 

2D SESSION H. R. 1787 

[Report No. 108–680] 

A BILL 

To remove civil liability barriers that discourage the 

panies. donation of fire equipment to volunteer fire comSEPTEMBER 13, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,