II 

109TH CONGRESS 

1ST SESSION S. 1747 

To limit liability for volunteers and those providing goods and services for 

disaster relief, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2005 

Mr. CORNYN (for himself, Mr. VITTER, Mrs. HUTCHISON, Mr. THUNE, Mr. 

LOTT, Mr. GRASSLEY, Mr. BROWNBACK, and Ms. LANDRIEU) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To limit liability for volunteers and those providing goods 

and services for disaster relief, and for other purposes. 

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 Li5 ability Improvement and Volunteer Encouragement Act of 

6 2005’’ or the ‘‘GIVE Act of 2005’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 
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1 (1) It is in the national interest to encourage 

2 individuals to volunteer, and particularly to assist 

3 victims of national disasters. 

4 (2) The willingness of volunteers to offer their 

5 services is deterred by the potential for liability ac6 tions against them. 

7 (3) The contribution of programs that use vol8 unteers to their communities is thereby diminished, 

9 resulting in fewer and higher cost programs than 

10 would be obtainable if volunteers were participating. 

11 (4) The exposure of potential volunteers, their 

12 employers, and those who would use the services of 

13 volunteers under existing law to compensatory and 

14 punitive damages for negligent acts discourages the 

15 provision of these services. 

16 (5) The availability of damages for actions that 

17 constitute gross negligence creates uncertainty con18 cerning the actual conduct that might cause liability 

19 to be imposed on volunteers. 

20 (6) Potential liability for acts of volunteers dis21 courages the employers or business partners of po22 tential volunteers from permitting those potential 

23 volunteers to provide disaster relief services. 
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1 (7) Potential liability for acts of volunteers dis2 courages entities that might use the services pro3 vided by volunteers from doing so. 

4 (8) Well-founded fear of liability under existing 

5 law for providing goods, equipment, access to facili6 ties, and other in-kind contributions discourages 

7 those who would donate them from doing so. 

8 (9) Well-founded fear of liability under existing 

9 law for providing goods discourages governmental 

10 and intergovernmental entities from providing need11 ed disaster relief goods. 

12 (10) Well-founded fear of liability for punitive 

13 damages under existing law discourages govern14 mental and intergovernmental entities from pro15 viding needed disaster relief goods and discourages 

16 potential volunteers from providing volunteer serv17 ices to disaster victims. 

18 (11) Fear of compensatory and punitive dam19 ages for providing volunteer services deters potential 

20 volunteers from States located outside the national 

21 disaster area from providing volunteer services. 

22 (12) Fear of compensatory and punitive dam23 ages for providing volunteer services deters potential 

24 foreign volunteers from providing disaster relief 

25 services. 
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1 (13) Any lessening of liability for volunteers 

2 providing disaster relief services, their employers and 

3 business partners, and entities utilizing their serv4 ices should maintain adequate incentives for each of 

5 these classes of persons or entities to avoid causing 

6 harm. 

7 (14) Unwillingness to provide volunteer services 

8 in the face of uncertain liability substantially affects, 

9 burdens, and deters interstate commerce and travel. 

10 (15) Unwillingness of employers and business 

11 partners to allow their employees and business part12 ners to provide volunteer and disaster relief services 

13 in the face of uncertain liability substantially affects, 

14 burdens, and deters interstate commerce and travel. 

15 (16) Unwillingness of persons, entities, or orga16 nizations to accept volunteer and disaster relief serv17 ices from volunteers in the face of uncertain liability 

18 substantially affects, burdens, and deters interstate 

19 commerce and travel. 

20 (17) Unwillingness by foreigners to provide vol21 unteer and disaster relief services in the face of un22 certain liability substantially affects, burdens, and 

23 deters foreign commerce and travel. 

24 (18) Because Federal funds are expended on 

25 useful and cost-effective social service programs, 
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1 many of which are national in scope, depend heavily 

2 on volunteer participation, and represent some of the 

3 most successful public-private partnerships, protec4 tion of volunteerism through clarification and limita5 tion of the personal liability risks assumed by the 

6 volunteer in connection with such participation is an 

7 appropriate subject for Federal legislation. 

8 (19) Services and goods provided by volunteers 

9 and nonprofit organizations would often otherwise be 

10 provided by private entities that operate in interstate 

11 commerce. 

12 (20) Due to high liability costs and unwar13 ranted litigation costs, volunteers and nonprofit or14 ganizations face higher costs in purchasing insur15 ance, through interstate insurance markets, to cover 

16 their activities. 

17 (21) Clarifying and limiting the liability risk as18 sumed by volunteers is an appropriate subject for 

19 Federal legislation because— 

20 (A) of the national scope of the problems 

21 created by the legitimate fears of volunteers 

22 about frivolous, arbitrary, or capricious law23 suits; 

24 (B) the citizens of the United States de25 pend on, and the Federal Government expends 
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1 funds on and provides tax exemptions and other 

2 consideration to, numerous social programs that 

3 depend on the services of volunteers; 

4 (C) it is in the interest of the Federal Gov5 ernment to encourage the continued operation 

6 of volunteer service organizations and contribu7 tions of volunteers, as the Federal Government 

8 lacks the capacity to carry out all of the serv9 ices provided by such organizations and volun10 teers; and 

11 (D)(i) liability reform for volunteers, will 

12 promote the free flow of goods and services, 

13 lessen burdens on interstate commerce and up14 hold constitutionally protected due process 

15 rights; and 

16 (ii) therefore, liability reform is an appro17 priate use of the powers contained in article 1, 

18 section 8, clause 3 of the Constitution of the 

19 United States, and the fourteenth amendment 

20 to the Constitution of the United States. 

21 (22) Unless Congress provides uniform stand22 ards to address disasters that could occur in any 

23 State or combination of States, potential volunteers 

24 and others will not be certain which laws would gov25 ern their providing disaster relief services, which 
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1 would substantially affect, burden, and deter inter2 state and foreign commerce and travel in the event 

3 of a national disaster. 

4 TITLE I—DISASTER RELIEF 

5 VOLUNTEER PROTECTION 

6 SEC. 101. DEFINITIONS. 

7 In this title— 

8 (1) the term ‘‘compensation’’— 

9 (A) means monetary or other compensation 

10 of any kind provided in exchange for an individ11 ual’s services; and 

12 (B) does not include— 

13 (i) reasonable reimbursement or allow14 ance for expenses actually incurred by such 

15 individual; 

16 (ii) provision of reasonable supplies, 

17 lodging, or transportation to such an indi18 vidual; or 

19 (iii) the ordinary salary or compensa20 tion paid to such an individual by the em21 ployer of the individual while the individual 

22 is on leave from performing ordinary du23 ties for the employer of the individual in 

24 order to provide disaster relief services; 

25 (2) the term ‘‘declared disaster’’ means— 
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1 (A) a public health emergency declared by 

2 the Secretary of Health and Human Services 

3 under section 319 of the Public Health Services 

4 Act (42 U.S.C. 247d); 

5 (B) a public health emergency, or a risk of 

6 such emergency, as determined by the Secretary 

7 of Homeland Security in accordance with clause 

8 (i) or (ii) of section 2811(b)(3)(A) of the Public 

9 Health Services Act (42 U.S.C. 300hh10 11(b)(3)(A)), as transferred by section 503(5) 

11 of the Homeland Security Act of 2002 (6 

12 U.S.C. 313(5)); or 

13 (C) an emergency or major disaster de14 clared by the President under section 401 or 

15 501 of the Robert T. Stafford Disaster Relief 

16 and Emergency Assistance Act (42 U.S.C. 

17 5170, 5191); 

18 (3) the term ‘‘disaster relief goods’’ means ei19 ther— 

20 (A) those goods provided in preparation 

21 for, response to, or recovery from a declared 

22 disaster and reasonably necessary to such prep23 aration, response, or recovery; or 

24 (B) those goods defined by a supplemental 

25 declaration under this title; 
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1 (4) the term ‘‘disaster relief services’’ means 

2 services or assistance provided in preparation for, re3 sponse to, or recovery from a declared disaster, in4 cluding but not limited to health, medical, fire5 fighting, rescue, reconstruction, and any other serv6 ices or assistance specified by a supplemental dec7 laration under this title as necessary or desirable to 

8 prepare for, respond to, or recover from such de9 clared disaster; 

10 (5) the term ‘‘disaster relief volunteer’’ means 

11 an individual— 

12 (A) who provides disaster relief services or 

13 assistance in connection with a declared dis14 aster without expectation or receipt of com15 pensation in exchange for providing such serv16 ices or assistance; and 

17 (B) who, to the extent required by the ap18 propriate authorities of a State (even if such 

19 State is not the State in which the volunteer 

20 provides services or assistance) or, if, and to 

21 the extent, specified in a supplemental declara22 tion under this title, a foreign country, is li23 censed, certified, or authorized to provide the 

24 relevant services or assistance; 
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1 (6) the term ‘‘non-economic loss’’ means losses 

2 for physical and emotional pain, suffering, inconven3 ience, physical impairment, mental anguish, dis4 figurement, loss of enjoyment of life, loss of society 

5 and companionship, loss of consortium (other than 

6 loss of domestic service), hedonic damages, injury to 

7 reputation, and all other non-pecuniary losses of any 

8 kind or nature; 

9 (7) the term ‘‘supplemental declaration’’ means 

10 a declaration under section 108 regarding the scope 

11 of a declared disaster; and 

12 (8) the term ‘‘State’’ means each of the several 

13 States of the United States, the District of Colum14 bia, the Commonwealth of Puerto Rico, the Virgin 

15 Islands, Guam, American Samoa, the Common16 wealth of the Northern Mariana Islands, any other 

17 territory or possession of the United States, and any 

18 political subdivision of any such State, territory, or 

19 possession. 

20 SEC. 102. LIABILITY OF DISASTER RELIEF VOLUNTEERS. 

21 Except as provided in section 109, a disaster relief 

22 volunteer shall not be liable for harm caused by an act 

23 or omission of the volunteer that is within the scope of 

24 the activities of the volunteer to provide or facilitate the 
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1 provision of disaster relief services in connection with a 

2 declared disaster if— 

3 (1) the harm was not caused by willful, know4 ing, or reckless misconduct by the volunteer; and 

5 (2) the harm was not caused by the volunteer 

6 operating a motor vehicle, vessel, aircraft, or other 

7 vehicle for which the State requires the operator or 

8 the owner of the vehicle, craft, or vessel to— 

9 (A) possess an operator’s license; or 

10 (B) maintain insurance. 

11 SEC. 103. LIABILITY OF EMPLOYER OR PARTNER OF DIS12 ASTER RELIEF VOLUNTEER. 

13 Except as provided in section 109, an employer or 

14 business partner of a disaster relief volunteer shall not be 

15 liable for any act or omission of such volunteer within the 

16 scope of the activities of the volunteer to provide or facili17 tate the provision of disaster relief services in connection 

18 with a declared disaster. 

19 SEC. 104. LIABILITY OF HOST OR ENABLING PERSON, ENTI20 TY, OR ORGANIZATION. 

21 Except as provided in section 109, a person, entity, 

22 or organization, including a governmental or intergovern23 mental entity, that works with, accepts services from, or 

24 opens its facilities to a disaster relief volunteer to enable 

25 the volunteer to render disaster relief services in connec-
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1 tion with a declared disaster shall not be liable for any 

2 act or omission of a disaster relief volunteer. 

3 SEC. 105. LIABILITY OF GOVERNMENTAL AND INTERGOV4 ERNMENTAL ENTITIES FOR DONATIONS OF 

5 DISASTER RELIEF GOODS. 

6 Except as provided in section 109, a governmental 

7 or intergovernmental entity that donates disaster relief 

8 goods to an agency or instrumentality of the United States 

9 in connection with a declared disaster shall not be liable 

10 for harm caused by such donated goods if the harm was 

11 not caused by willful, knowing, or reckless misconduct by 

12 the governmental or intergovernmental entity. 

13 SEC. 106. LIMITATION ON PUNITIVE AND NON-ECONOMIC 

14 DAMAGES BASED ON ACTIONS OF DISASTER 

15 RELIEF VOLUNTEERS AND GOVERNMENTAL 

16 OR INTERGOVERNMENTAL DONORS. 

17 (a) PUNITIVE DAMAGES.—Except as provided in sec18 tion 109, punitive damages may not be awarded in any 

19 civil action against a disaster relief volunteer or govern20 mental or intergovernmental entity unless a claimant es21 tablishes by clear and convincing evidence that the dam22 ages to the claimant were proximately caused by willful, 

23 knowing, or reckless misconduct by either— 

24 (1) a disaster relief volunteer in an action 

25 brought for harm caused by the activities of the vol-
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1 unteer to provide or facilitate the provision of dis2 aster relief services in connection with a declared 

3 disaster; or 

4 (2) a governmental or intergovernmental entity 

5 for harm caused by disaster relief goods donated by 

6 such governmental or intergovernmental entity in 

7 connection with a declared disaster. 

8 (b) NON-ECONOMIC DAMAGES.— 

9 (1) IN GENERAL.—Except as provided in sec10 tion 109, liability for non-economic loss in any civil 

11 action brought against either a disaster relief volun12 teer for harm caused the activities of the volunteer 

13 to provide or facilitate the provision of disaster relief 

14 services in connection with a declared disaster, or a 

15 governmental or intergovernmental entity for harm 

16 caused by disaster relief goods donated by such gov17 ernmental or intergovernmental entity in connection 

18 with a declared disaster, if permitted under section 

19 102 or section 105, shall be determined in accord20 ance with paragraph (2). 

21 (2) AMOUNT OF LIABILITY.— 

22 (A) IN GENERAL.—The amount of dam23 ages for non-economic loss allocated to a dis24 aster relief volunteer or governmental or inter25 governmental entity defendant shall be in direct 
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1 proportion to the percentage of responsibility of 

2 that defendant, determined in accordance with 

3 subparagraph (B), for the harm to the claimant 

4 with respect to which that defendant is liable. 

5 (B) PERCENTAGE.—In a civil action de6 scribed in paragraph (1), for purposes of deter7 mining the amount of non-economic loss, the 

8 trier of fact shall determine the percentage of 

9 responsibility of each defendant found liable for 

10 harm to the claimant. 

11 (C) SEPARATE JUDGMENTS.—The court 

12 shall render a separate judgment against each 

13 defendant for any non-economic loss. 

14 SEC. 107. JUDICIAL REVIEW OF ALLEGATIONS. 

15 (a) IN GENERAL.—A claimant in a civil action for 

16 an act or omission subject to the limitations of liability 

17 under this title shall attach 1 or more sworn affidavits 

18 or documents containing admissible evidence of an act or 

19 omission outside the limitations of section 102, 103, 104, 

20 or 105. 

21 (b) INITIAL REVIEW.—Before allowing a civil action 

22 described in subsection (a) to proceed into discovery, the 

23 trial judge shall determine whether, as a matter of law, 

24 the evidence submitted is sufficient to raise a genuine 

25 issue of material fact. 
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1 SEC. 108. SUPPLEMENTAL DECLARATION. 

2 (a) IN GENERAL.—In the event of a declared dis3 aster, the President, the Secretary of Health and Human 

4 Services, or the Secretary of Homeland Security may issue 

5 a supplemental declaration. 

6 (b) TEMPORAL EFFECT.—A supplemental declara7 tion may provide that, for purposes of this title, such de8 clared disaster shall have such temporal effect as the 

9 President or the Secretary may deem necessary or appro10 priate to further the public interest, including providing 

11 that such declared disaster shall have an effective date 

12 earlier than the date of the declaration or determination 

13 of such declared disaster. 

14 (c) GEOGRAPHIC AND OTHER CONDITIONS.—A sup15 plemental declaration may provide that, for purposes of 

16 this title, such declared disaster shall have such geo17 graphic or other conditions as the President or the rel18 evant Secretary may deem necessary or appropriate to fur19 ther the public interest. 

20 SEC. 109. ELECTION OF STATE REGARDING NONAPPLICA21 BILITY. 

22 A provision of this title shall not apply to any civil 

23 action in a State court against a person in which all par24 ties are citizens of the State if such State enacts a stat25 ute— 

26 (1) citing the authority of this title; 
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1 (2) declaring the election of such State that 

2 such provision shall not apply to such civil action in 

3 the State; and 

4 (3) containing no other provisions. 

5 SEC. 110. CONSTRUCTION. 

6 Nothing in this title shall be construed to abrogate 

7 or limit any protection that a volunteer, as defined in sec8 tion 6(6) of the Volunteer Protection Act (42 U.S.C. 

9 14505(6)), may be entitled to under that Act. Neither 

10 shall anything in this title be construed to confer any pri11 vate right of action or to abrogate or limit any protection 

12 with respect to either liability or damages that any person 

13 may be entitled to under any other provision of law. 

14 TITLE II—VOLUNTEER 

15 PROTECTION IMPROVEMENTS 

16 SEC. 201. DEFINITIONS. 

17 In this title— 

18 (1) the term ‘‘aircraft’’ has the meaning given 

19 that term in section 40102(6) of title 49, United 

20 States Code; 

21 (2) the term ‘‘equipment’’ includes mechanical 

22 equipment, electronic equipment, and office equip23 ment; 
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1 (3) the term ‘‘facility’’ means any real property, 

2 including any building, improvement, or appur3 tenance; 

4 (4) the term ‘‘motor vehicle’’ has the meaning 

5 given that term in section 30102(6) of title 49, 

6 United States Code; 

7 (5) the term ‘‘nonprofit organization’’ means— 

8 (A) any organization described in section 

9 501(c)(3) of the Internal Revenue Code of 1986 

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

11 such Code; or 

12 (B) any not-for-profit organization orga13 nized and conducted for public benefit and op14 erated primarily for charitable, civic, edu15 cational, religious, welfare, or health purposes; 

16 (6) the term ‘‘person’’ includes any govern17 mental or other entity; and 

18 (7) the term ‘‘State’’ means each of the several 

19 States, the District of Columbia, the Commonwealth 

20 of Puerto Rico, the Virgin Islands, Guam, American 

21 Samoa, the Commonwealth of the Northern Mariana 

22 Islands, any other territory or possession of the 

23 United States, or any political subdivision of any 

24 such State, territory, or possession. 
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1 SEC. 202. LIABILITY PROTECTION FOR ACTIONS OF VOLUN2 TEERS GENERALLY. 

3 Section 4 of the Volunteer Protection Act of 1997 

4 (42 U.S.C. 14503) is amended— 

5 (1) in subsection (a)(3), by striking ‘‘willful or 

6 criminal misconduct, gross negligence, reckless mis7 conduct’’ and inserting the following: ‘‘willful, know8 ing, or reckless misconduct’’; 

9 (2) by striking subsection (c) and inserting the 

10 following: 

11 ‘‘(c) EFFECT ON LIABILITY OF NONPROFIT ORGANI12 ZATIONS.—No nonprofit organization shall be liable for 

13 the acts or omissions of a volunteer with respect to harm 

14 caused to any person unless— 

15 ‘‘(1) the acts or omissions of the volunteer are 

16 not subject to the limitations on liability under sub17 section (a); and 

18 ‘‘(2) the nonprofit organization has willfully dis19 regarded or been recklessly indifferent to the reason20 able expectations or safety of the individual harmed 

21 by the volunteer.’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(g) JUDICIAL REVIEW OF ALLEGATIONS.— 

24 ‘‘(1) IN GENERAL.—A claimant in a civil action 

25 for an act or omission subject to the limitations of 

26 liability under this Act shall attach 1 or more sworn 
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1 affidavits or documents containing admissible evi2 dence of an act or omission outside the limitations 

3 of subsection (a), (c), (e)(1), or (f)(1). 

4 ‘‘(2) INITIAL REVIEW.—Before allowing a civil 

5 action described in paragraph (1) to proceed into 

6 discovery, the trial judge shall determine whether, as 

7 a matter of law, the evidence submitted is sufficient 

8 to raise a genuine issue of material fact.’’. 

9 SEC. 203. CHARITABLE DONATIONS LIABILITY REFORM 

10 FOR IN-KIND CONTRIBUTIONS. 

11 (a) IN GENERAL.— 

12 (1) LIABILITY FOR DONATIONS OF EQUIPMENT

13 TO NONPROFIT ORGANIZATIONS.— 

14 (A) IN GENERAL.—Except as provided in 

15 subsection (b), a person shall not be subject to 

16 civil liability relating to any injury or death that 

17 results from the use of equipment donated by 

18 such person to a nonprofit organization. 

19 (B) APPLICATION.—This paragraph shall 

20 apply with respect to civil liability under Fed21 eral and State law. 

22 (2) LIABILITY FOR PROVIDING USE OF FACILI23 TIES TO NONPROFIT ORGANIZATIONS.— 

24 (A) IN GENERAL.—Except as provided in 

25 subsection (b), a person shall not be subject to 
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1 civil liability relating to any injury or death oc2 curring at a facility owned or operated by the 

3 person in connection with a use of such facility 

4 by a nonprofit organization, if— 

5 (i) the use occurs outside of the nor6 mal use of the facility by the person; 

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 person authorized the use of 

11 such facility by the nonprofit organization. 

12 (B) APPLICATION.—This paragraph shall 

13 apply— 

14 (i) with respect to civil liability under 

15 Federal and State law; and 

16 (ii) regardless of whether a nonprofit 

17 organization pays for the use of a facility. 

18 (3) LIABILITY FOR PROVIDING USE OF A

19 MOTOR VEHICLE OR AIRCRAFT.— 

20 (A) IN GENERAL.—Except as provided in 

21 subsection (b), a person shall not be subject to 

22 civil liability relating to any injury or death oc23 curring as a result of the operation of an air24 craft or a motor vehicle the person loaned to a 

25 nonprofit organization, if— 
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1 (i) the use occurs outside of the nor2 mal use of the aircraft or motor vehicle by 

3 the person; 

4 (ii) such injury or death occurs during 

5 a period that such motor vehicle or aircraft 

6 is used by a nonprofit organization; and 

7 (iii) the person authorized the use by 

8 the nonprofit organization of motor vehicle 

9 or aircraft that resulted in the injury or 

10 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 person that constitutes willful, knowing, or reckless 

21 misconduct. 

22 (c) JUDICIAL REVIEW OF ALLEGATIONS.— 

23 (1) IN GENERAL.—A claimant in a civil action 

24 for an act or omission subject to the limitations of 

25 liability under this section shall attach 1 or more 
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1 sworn affidavits or documents containing admissible 

2 evidence of an act or omission outside the limitations 

3 of subsection (a). 

4 (2) INITIAL REVIEW.—Before allowing a civil 

5 action described in paragraph (1) to proceed into 

6 discovery, the trial judge shall determine whether, as 

7 a matter of law, the evidence submitted is sufficient 

8 to raise a genuine issue of material fact. 

9 (d) SUPERSEDING PROVISION.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2) and subsection (e), this section preempts 

12 the laws of any State to the extent that such laws 

13 are inconsistent with this section, except that this 

14 section shall not preempt any State law that pro15 vides additional protection for a person for an injury 

16 or death described in paragraph (1), (2), or (3) of 

17 subsection (a) with respect to which the conditions 

18 specified in such paragraph apply. 

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

20 be construed to supersede any Federal or State 

21 health or safety law. 

22 (e) ELECTION OF STATE REGARDING NONAPPLICA23 BILITY.—A provision of this section shall not apply to any 

24 civil action in a State court against a person in which all 
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1 parties are citizens of the State if such State enacts a stat2 ute— 

3 (1) citing the authority of this section; 

4 (2) declaring the election of such State that 

5 such provision shall not apply to such civil action in 

6 the State; and 

7 (3) containing no other provisions. 

8 (f) EFFECTIVE DATE.—This section shall apply to li9 ability for injury or death caused by equipment donated, 

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

11 after the date of the enactment of this Act. 

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