II 

108TH CONGRESS 

2D SESSION H. R. 1787

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2004

Received 

SEPTEMBER 28, 2004

Read the first time 

SEPTEMBER 29, 2004

Read the second time and placed on the calendar 

AN ACT

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,
2

HR 1787 PCS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Good Samaritan Vol3 unteer Firefighter Assistance Act of 2004’’. 

4 SEC. 2. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DIS5 COURAGE THE DONATION OF FIRE EQUIP6 MENT TO VOLUNTEER FIRE COMPANIES. 

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

8 fire control or fire rescue equipment to a volunteer fire 

9 company shall not be liable for civil damages under any 

10 State or Federal law for personal injuries, property dam11 age or loss, or death proximately caused by the equipment 

12 after the donation. 

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

14 a person if—

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

16 causing the injury, damage, loss, or death con17 stitutes gross negligence or intentional misconduct; 

18 or 

19 (2) the person is the manufacturer of the fire 

20 control or fire rescue equipment. 

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

22 any State to the extent that such laws are inconsistent 

23 with this Act, except that notwithstanding subsection (b) 

24 this Act shall not preempt any State law that provides 

25 additional protection from liability for a person who do-
3

HR 1787 PCS 

1 nates fire control or fire rescue equipment to a volunteer 

2 fire company. 

3 (d) DEFINITIONS.—In this section: 

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

5 governmental or other entity. 

6 (2) FIRE CONTROL OR RESCUE EQUIPMENT.—

7 The term ‘‘fire control or fire rescue equipment’’ in8 cludes any fire vehicle, fire fighting tool, communica9 tions equipment, protective gear, fire hose, or 

10 breathing apparatus. 

11 (3) STATE.—The term ‘‘State’’ includes the 

12 several States, the District of Columbia, the Com13 monwealth of Puerto Rico, the Commonwealth of the 

14 Northern Mariana Islands, American Samoa, Guam, 

15 the Virgin Islands, any other territory or possession 

16 of the United States, and any political subdivision of 

17 any such State, territory, or possession. 

18 (4) VOLUNTEER FIRE COMPANY.—The term 

19 ‘‘volunteer fire company’’ means an association of 

20 individuals who provide fire protection and other 

21 emergency services, where at least 30 percent of the 

22 individuals receive little or no compensation com23 pared with an entry level full-time paid individual in 

24 that association or in the nearest such association 

25 with an entry level full-time paid individual. 
4

HR 1787 PCS 

1 (e) EFFECTIVE DATE.—This Act applies only to li2 ability for injury, damage, loss, or death caused by equip3 ment that, for purposes of subsection (a), is donated on 

4 or after the date that is 30 days after the date of the 

5 enactment of this Act. 

6 SEC. 3. STATE-BY-STATE REVIEW OF DONATION OF FIRE7 FIGHTER EQUIPMENT. 

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

9 United States shall conduct a State-by-State review of the 

10 donation of firefighter equipment to volunteer firefighter 

11 companies during the 5-year period ending on the date 

12 of the enactment of this Act. 

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

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

15 United States shall publish and submit to the Congress 

16 a report on the results of the review conducted under sub17 section (a). The report shall include, for each State, the 

18 most effective way to fund firefighter companies, whether 

19 first responder funding is sufficient to respond to the Na20 tion’s needs, and the best method to ensure that the equip21 ment donated to volunteer firefighter companies is in usa22 ble condition.

Passed the House of Representatives September 14, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk. 

Calendar No. 748

108TH CONGRESS 

2D SESSION H. R. 1787

AN ACT

To remove civil liability barriers that discourage the 

panies. donation of fire equipment to volunteer fire comSEPTEMBER 29, 2004

Read the second time and placed on the calendar