I

105TH CONGRESS

1ST SESSION H. R. 911

To encourage the States to enact legislation to grant immunity from personal

civil liability, under certain circumstances, to volunteers working on behalf of nonprofit organizations and governmental entities.

IN THE HOUSE OF REPRESENTATIVES

MARCH 4, 1997

Mr. PORTER (for himself, Mr. ACKERMAN, Mr. BAKER, Mr. BARRETT of Nebraska, Mr. BARTLETT of Maryland, Mr. BEREUTER, Mr. BLILEY, Mr.

BOEHLERT, Mr. BUNNING, Mr. CALLAHAN, Mr. CAMPBELL, Mr. CANADY

of Florida, Mrs. CARSON, Ms. CHRISTIAN-GREEN, Mr. COOKSEY, Mr.

COYNE, Mr. CUNNINGHAM, Ms. DANNER, Mr. DAVIS of Virginia, Mr.

DICKEY, Mr. DOYLE, Ms. DUNN, Mr. EHLERS, Mr. EHRLICH, Mrs. EMERSON, Mr. ENGLISH of Pennsylvania, Mr. ENSIGN, Mr. EVANS, Mr.

FATTAH, Mr. FILNER, Mr. FOLEY, Mr. FRANK of Massachusetts, Mr.

FRANKS of New Jersey, Mr. FROST, Ms. FURSE, Mr. GALLEGLY, Mr.

GILCHREST, Mr. GOODLATTE, Mr. GOODLING, Mr. GOSS, Mr. GREENWOOD, Mr. HALL of Ohio, Mr. HASTERT, Mr. HAYWORTH, Mr. HERGER,

Mr. HOBSON, Mr. HOLDEN, Mr. HORN, Mrs. JOHNSON of Connecticut,

Mrs. KELLY, Mr. KIM, Mr. LARGENT, Mr. LEACH, Mr. LIVINGSTON, Mr.

MCCOLLUM, Mr. MCHUGH, Mr. MCKEON, Ms. MCKINNEY, Mr.

MCINTOSH, Mr. MEEHAN, Ms. MOLINARI, Mr. NEAL of Massachusetts,

Mr. NEY, Ms. NORTON, Mr. OLVER, Mr. OWENS, Mr. PARKER, Mr.

PAYNE, Mr. PETRI, Mr. PICKETT, Mr. POSHARD, Mr. QUINN, Mr.

RAMSTAD, Mr. RIGGS, Mr. ROMERO-BARCELO ́, Mr. SANDERS, Mr. SANFORD, Mr. SCHIFF, Mr. SENSENBRENNER, Mr. SERRANO, Mr. SHAYS,

Mr. SISISKY, Mr. SKEEN, Ms. SLAUGHTER, Mr. STARK, Mr. STUMP, Mrs.

THURMAN, Mr. TOWNS, Mr. WALSH, Mr. WATTS of Oklahoma, Mr.

WELDON of Pennsylvania, Mr. WELLER, Mr. WICKER, Mr. WOLF, Mr.

CASTLE, Mr. FALEOMAVAEGA, Mr. FOX of Pennsylvania, Ms. JACKSONLEE of Texas, and Mr. MARTINEZ), introduced the following bill; which

was referred to the Committee on the Judiciary, and in addition to the

Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned
2

•HR 911 IH

A BILL

To encourage the States to enact legislation to grant immunity from personal civil liability, under certain circumstances, to volunteers working on behalf of nonprofit

organizations and governmental entities.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Volunteer Protection Act of 1997’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purpose.

Sec. 3. No preemption of State tort law.

Sec. 4. Limitation on liability for volunteers.

Sec. 5. Certification requirement and adjustment of Social Services Block

Grant Program allotments.

Sec. 6. Definitions.

8 SEC. 2. FINDINGS AND PURPOSE.

9 (a) FINDINGS.—The Congress finds and declares

10 that—

11 (1) the willingness of volunteers to offer their

12 services is deterred by potential personal liability for

13 simple mistakes made in the course of volunteer

14 service;

15 (2) as a result, many nonprofit public and pri16 vate organizations and governmental entities, includ17 ing voluntary associations, social service agencies,
3

•HR 911 IH

1 educational institutions, local governments, founda2 tions, and other civic programs, have been adversely

3 affected through the withdrawal of volunteers from

4 boards of directors and service in other capacities;

5 (3) the contribution of these programs to their

6 communities is thereby diminished, resulting in

7 fewer and higher cost programs than would be ob8 tainable if volunteers were participating; and

9 (4) because Federal funds are expended on use10 ful and cost-effective social service programs which

11 depend heavily on volunteer participation, protection

12 of voluntarism through clarification and limitation of

13 the personal liability risks assumed by the volunteer

14 in connection with such participation is an appro15 priate subject for Federal encouragement of State

16 reform.

17 (b) PURPOSE.—It is the purpose of this Act to pro18 mote the interests of social service program beneficiaries

19 and taxpayers and to sustain the availability of programs

20 and nonprofit organizations and governmental entities

21 which depend on volunteer contributions by encouraging

22 reasonable reform of State laws to provide protection from

23 personal financial liability to volunteers serving with non24 profit organizations and governmental entities for actions

25 undertaken in good faith on behalf of such organizations.
4

•HR 911 IH

1 SEC. 3. NO PREEMPTION OF STATE TORT LAW.

2 Nothing in this Act shall be construed to preempt the

3 laws of any State governing tort liability actions.

4 SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.

5 (a) LIABILITY PROTECTION FOR VOLUNTEERS.—Ex6 cept as provided in subsections (b) and (d), any volunteer

7 of a nonprofit organization or governmental entity shall

8 incur no personal financial liability for any tort claim al9 leging damage or injury from any act or omission of the

10 volunteer on behalf of the organization or entity if—

11 (1) such volunteer was acting in good faith and

12 within the scope of such volunteer’s official functions

13 and duties with the organization or entity; and

14 (2) such damage or injury was not caused by

15 willful and wanton misconduct by such volunteer.

16 (b) CONCERNING RESPONSIBILITY OF VOLUNTEERS

17 WITH RESPECT TO ORGANIZATIONS.—Nothing in this

18 section shall be construed to affect any civil action brought

19 by any nonprofit organization or any governmental entity

20 against any volunteer of such organization or entity.

21 (c) NO EFFECT ON LIABILITY OF ORGANIZATION.—

22 Nothing in this section shall be construed to affect the

23 liability of any nonprofit organization or governmental en24 tity with respect to injury caused to any person.
5

•HR 911 IH

1 (d) EXCEPTIONS TO VOLUNTEER LIABILITY PRO2 TECTION.—A State may impose one or more of the follow3 ing conditions on and exceptions to the granting of liabil4 ity protection to any volunteer of an organization or entity

5 required by subsection (a):

6 (1) The organization or entity must adhere to

7 risk management procedures, including mandatory

8 training of volunteers, as defined by the Secretary of

9 Health and Human Services by regulation.

10 (2) The organization or entity shall be liable for

11 the acts or omissions of its volunteers to the same

12 extent as an employer is liable, under the laws of

13 that State, for the acts or omissions of its employ14 ees.

15 (3) The protection from liability does not

16 apply—

17 (A) if the volunteer was operating a motor

18 vehicle, vessel, aircraft, or other vehicle for

19 which the State involved requires the operator

20 or vehicle owner to maintain insurance;

21 (B) in the case of a suit brought by an ap22 propriate officer of a State or local government

23 to enforce a Federal, State, or local law; and

24 (C) to the extent the claim would be cov25 ered under any insurance policy.
6

•HR 911 IH

1 (4) The protection from liability shall apply

2 only if the organization or entity provides a finan3 cially secure source of recovery for individuals who

4 suffer injury as a result of actions taken by a volun5 teer on behalf of the organization or entity. A finan6 cially secure source of recovery may be an insurance

7 policy within specified limits, comparable coverage

8 from a risk pooling mechanism, equivalent assets, or

9 alternative arrangements that satisfy the State that

10 the entity will be able to pay for losses up to a speci11 fied amount. Separate standards for different types

12 of liability exposure may be specified.

13 SEC. 5. CERTIFICATION REQUIREMENT AND ADJUSTMENT

14 OF SOCIAL SERVICES BLOCK GRANT PRO15 GRAM ALLOTMENTS.

16 (a) CERTIFICATION AND BLOCK GRANT ALLOT17 MENTS.—In the case of any State which certifies, not later

18 than 2 years after the date of the enactment of this Act,

19 to the Secretary of Health and Human Services that it

20 has enacted, adopted, or otherwise has in effect State law

21 which substantially complies with section 4(a), the Sec22 retary shall increase by 1 percent the fiscal year allotment

23 which would otherwise be made to such State to carry out

24 the Social Services Block Grant Program under title XX

25 of the Social Security Act.
7

•HR 911 IH

1 (b) CONTINUATION OF INCREASE.—Any increase

2 made under subsection (a) in an allotment to a State shall

3 remain in effect only if the State makes a certification

4 to the Secretary of Health and Human Services, not later

5 than the end of each 1-year period occurring successively

6 after the end of the 2-year period described in subsection

7 (a), that it has in effect State law which substantially com8 plies with section 4(a).

9 SEC. 6. DEFINITIONS.

10 For purposes of this Act—

11 (1) the term ‘‘volunteer’’ means an individual

12 performing services for a nonprofit organization or

13 a governmental entity who does not receive—

14 (A) compensation (including reimburse15 ment or allowance for expenses), or

16 (B) any other thing of value in lieu of com17 pensation,

18 in excess of $300, and such term includes a volun19 teer serving as a director, officer, trustee, or direct

20 service volunteer;

21 (2) the term ‘‘nonprofit organization’’ means

22 any organization described in section 501(c) of the

23 Internal Revenue Code of 1986 and exempt from tax

24 under section 501(a) of such Code;
8

•HR 911 IH

1 (3) the term ‘‘damage or injury’’ includes phys2 ical, nonphysical, economic, and noneconomic dam3 age; and

4 (4) the term ‘‘State’’ means each of the several

5 States, the District of Columbia, the Commonwealth

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

7 Samoa, the Northern Mariana Islands, any other

8 territory or possession of the United States, or any

9 political subdivision of any such State, territory, or

10 possession.

Æ