II 

109TH CONGRESS 

1ST SESSION S. 1125 

To reform liability for certain charitable contributions and services. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2005 

Mr. SANTORUM introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To reform liability for certain charitable contributions and 

services. 

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 ‘‘Expanding Charitable 

5 and Volunteer Opportunities Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AIRCRAFT.—The term ‘‘aircraft’’ has the 

9 meaning provided that term in section 40102(6) of 

10 title 49, United States Code. 
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1 (2) BUSINESS ENTITY.—The term ‘‘business 

2 entity’’ means a firm, corporation, association, part3 nership, consortium, joint venture, or other form of 

4 enterprise. 

5 (3) EQUIPMENT.—The term ‘‘Equipment’’ in6 cludes mechanical equipment, electronic equipment, 

7 and office equipment. 

8 (4) FACILITY.—The term ‘‘facility’’ means any 

9 real property, including any building, improvement, 

10 or appurtenance. 

11 (5) FIRE CONTROL OR FIRE RESCUE EQUIP12 MENT.—The term ‘‘fire control or fire rescue equip13 ment’’ includes any fire vehicle, fire fighting tool, 

14 communications equipment, protective gear, fire 

15 hose, or breathing apparatus. 

16 (6) GROSS NEGLIGENCE.—The term ‘‘gross 

17 negligence’’ means voluntary and conscious conduct 

18 by a person with knowledge (at the time of the con19 duct) that the conduct is likely to be harmful to the 

20 health or well-being of another person. 

21 (7) INTENTIONAL MISCONDUCT.—The term 

22 ‘‘intentional misconduct’’ means conduct by a person 

23 with knowledge (at the time of the conduct) that the 

24 conduct is harmful to the health or well-being of an25 other person. 
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1 (8) MOTOR VEHICLE.—The term ‘‘motor vehi2 cle’’ has the meaning provided that term in section 

3 30102(6) of title 49, United States Code. 

4 (9) NONPROFIT ORGANIZATION.—The term 

5 ‘‘nonprofit organization’’ means— 

6 (A) any organization described in section 

7 501(c)(3) of the Internal Revenue Code of 1986 

8 and exempt from tax under section 501(a) of 

9 such Code; or 

10 (B) any not-for-profit organization orga11 nized and conducted for public benefit and op12 erated primarily for charitable, civic, edu13 cational, religious, welfare, or health purposes. 

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

15 any governmental or other entity. 

16 (11) VOLUNTEER FIRE COMPANY.—The term 

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

18 individuals who provide fire protection and other 

19 emergency services, where at least 30 percent of the 

20 individuals receive little or no compensation com21 pared with an entry level full-time paid individual in 

22 that association or in the nearest such association 

23 with an entry level full-time paid individual. 

24 (12) STATE.—The term ‘‘State’’ means each of 

25 the several States, the District of Columbia, the 
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1 Commonwealth of Puerto Rico, the Virgin Islands, 

2 Guam, American Samoa, the Commonwealth of the 

3 Northern Mariana Islands, any other territory or 

4 possession of the United States, or any political sub5 division of any such State, territory, or possession. 

6 SEC. 3. CHARITABLE DONATIONS LIABILITY REFORM FOR 

7 IN-KIND CORPORATE CONTRIBUTIONS. 

8 (a) IN GENERAL.— 

9 (1) LIABILITY OF BUSINESS ENTITIES THAT

10 DONATE EQUIPMENT TO NONPROFIT ORGANIZA11 TIONS.— 

12 (A) IN GENERAL.—Subject to subsection 

13 (b), a business entity shall not be subject to 

14 civil liability relating to any injury or death that 

15 results from the use of equipment donated by 

16 such business entity to a nonprofit organiza17 tion. 

18 (B) APPLICATION.—This paragraph shall 

19 apply with respect to civil liability under Fed20 eral and State law. 

21 (2) LIABILITY OF BUSINESS ENTITIES PRO22 VIDING USE OF FACILITIES TO NONPROFIT ORGANI23 ZATIONS.— 

24 (A) IN GENERAL.—Subject to subsection 

25 (b), a business entity shall not be subject to 
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1 civil liability relating to any injury or death oc2 curring at a facility of the business entity in 

3 connection with a use of such facility by a non4 profit organization, if— 

5 (i) the use occurs outside of the scope 

6 of business of the business entity; 

7 (ii) such injury or death occurs during 

8 a period that such facility is used by the 

9 nonprofit organization; and 

10 (iii) the business entity authorized the 

11 use of such facility by the nonprofit orga12 nization. 

13 (B) APPLICATION.—This paragraph shall 

14 apply— 

15 (i) with respect to civil liability under 

16 Federal and State law; and 

17 (ii) regardless of whether a nonprofit 

18 organization pays for the use of a facility. 

19 (3) LIABILITY OF BUSINESS ENTITIES PRO20 VIDING USE OF A MOTOR VEHICLE OR AIRCRAFT.— 

21 (A) IN GENERAL.—Subject to subsection 

22 (b), a business entity shall not be subject to 

23 civil liability relating to any injury or death oc24 curring as a result of the operation of an air25 craft or a motor vehicle of the business entity 
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1 loaned to a nonprofit organization for use out2 side of the scope of business of the business en3 tity, if— 

4 (i) such injury or death occurs during 

5 a period that such motor vehicle or aircraft 

6 is used by a nonprofit organization; and 

7 (ii) the business entity authorized the 

8 use by the nonprofit organization of motor 

9 vehicle or aircraft that resulted in the in10 jury or death. 

11 (B) APPLICATION.—This paragraph shall 

12 apply— 

13 (i) with respect to civil liability under 

14 Federal and State law; and 

15 (ii) regardless of whether a nonprofit 

16 organization pays for the use of the air17 craft or motor vehicle. 

18 (b) EXCEPTIONS.—Subsection (a) shall not apply to 

19 an injury or death that results from an act or omission 

20 of a business entity that constitutes gross negligence or 

21 intentional misconduct. 

22 (c) SUPERSEDING PROVISION.— 

23 (1) IN GENERAL.—Subject to paragraph (2) 

24 and subsection (d), this section preempts the laws of 

25 any State to the extent that such laws are incon-
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1 sistent with this section, except that this section 

2 shall not preempt any State law that provides addi3 tional protection for a business entity for an injury 

4 or death described in a paragraph of subsection (a) 

5 with respect to which the conditions specified in 

6 such paragraph apply. 

7 (2) LIMITATION.—Nothing in this section shall 

8 be construed to supersede any Federal or State 

9 health or safety law. 

10 (d) ELECTION OF STATE REGARDING NONAPPLICA11 BILITY.—A provision of this section shall not apply to any 

12 civil action in a State court against a business entity in 

13 which all parties are citizens of the State if such State 

14 enacts a statute— 

15 (1) citing the authority of this section; 

16 (2) declaring the election of such State that 

17 such provision shall not apply to such civil action in 

18 the State; and 

19 (3) containing no other provisions. 

20 (e) EFFECTIVE DATE.—This section shall apply to 

21 liability for injury or death caused by equipment donated, 

22 facilities used, or aircraft or motor vehicles loaned on or 

23 after the date of the enactment of this Act. 
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1 SEC. 4. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DIS2 COURAGE THE DONATION OF FIRE EQUIP3 MENT TO VOLUNTEER FIRE COMPANIES. 

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

5 fire control or fire rescue equipment to a volunteer fire 

6 company shall not be liable for civil damages under any 

7 State or Federal law for personal injuries, property dam8 age or loss, or death caused by the equipment after the 

9 donation. 

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

11 a person if— 

12 (1) the person’s act or omission causing the in13 jury, damage, loss, or death constitutes gross neg14 ligence or intentional misconduct; or 

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

16 control or fire rescue equipment. 

17 (c) PREEMPTION.—This section preempts the laws of 

18 any State to the extent that such laws are inconsistent 

19 with this section, except that notwithstanding subsection 

20 (b) this section shall not preempt any State law that pro21 vides additional protection from liability for a person who 

22 donates fire control or fire rescue equipment to a volunteer 

23 fire company. 

24 (d) EFFECTIVE DATE.—This section shall apply to 

25 liability for injury, damage, loss, or death caused by fire 
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1 control or fire rescue equipment donated on or after the 

2 date of the enactment of this Act. 

3 SEC. 5. HEALTH CENTERS UNDER PUBLIC HEALTH SERV4 ICE ACT; LIABILITY PROTECTIONS FOR VOL5 UNTEER PRACTITIONERS. 

6 (a) LIABILITY PROTECTION.—Section 224 of the 

7 Public Health Service Act (42 U.S.C. 233) is amended— 

8 (1) in subsection (g)(1)(A)— 

9 (A) in the first sentence, by striking ‘‘or 

10 employee’’ and inserting ‘‘employee, or (subject 

11 to subsection (k)(4)) volunteer practitioner’’; 

12 and 

13 (B) in the second sentence, by inserting 

14 ‘‘and subsection (k)(4)’’ after ‘‘subject to para15 graph (5)’’; and 

16 (2) in each of subsections (g), (i), (j), (k), (l), 

17 and (m), by striking ‘‘employee, or contractor’’ each 

18 place such term appears and inserting ‘‘employee, 

19 volunteer practitioner, or contractor’’. 

20 (b) APPLICABILITY; DEFINITION.—Section 224(k) of 

21 the Public Health Service Act (42 U.S.C. 233(k)) is 

22 amended by adding at the end the following paragraph: 

23 ‘‘(4)(A) Subsections (g) through (m) apply with re24 spect to volunteer practitioners beginning with the first 

25 fiscal year for which an appropriations Act provides that 
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1 amounts in the fund under paragraph (2) are available 

2 with respect to such practitioners. 

3 ‘‘(B) For purposes of subsections (g) through (m), 

4 the term ‘volunteer practitioner’ means a practitioner who, 

5 with respect to an entity described in subsection (g)(4), 

6 meets the following conditions: 

7 ‘‘(i) The practitioner is a licensed physician or 

8 a licensed clinical psychologist. 

9 ‘‘(ii) At the request of such entity, the practi10 tioner provides services to patients of the entity, at 

11 a site at which the entity operates or at a site des12 ignated by the entity. The weekly number of hours 

13 of services provided to the patients by the practi14 tioner is not a factor with respect to meeting condi15 tions under this subparagraph. 

16 ‘‘(iii) The practitioner does not for the provision 

17 of such services receive any compensation from such 

18 patients, from the entity, or from third-party payors 

19 (including reimbursement under any insurance pol20 icy or health plan, or under any Federal or State 

21 health benefits program).’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on the date of the enactment 

24 of this Act. 

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