108TH CONGRESS
2D SESSION
H. R. 1787
AN ACT
To remove civil liability barriers that discourage the
donation of fire equipment to volunteer fire com-
panies.
108TH CONGRESS
2D SESSION
H. R. 1787
AN ACT
To remove civil liability barriers that discourage the donation
of fire equipment to volunteer fire companies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Good Samaritan Vol-
unteer Firefighter Assistance Act of 2004’’.
SEC. 2. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DIS-
COURAGE THE DONATION OF FIRE EQUIP-
MENT TO VOLUNTEER FIRE COMPANIES.
(a) LIABILITY PROTECTION.—A person who donates
fire control or fire rescue equipment to a volunteer fire
company shall not be liable for civil damages under any
State or Federal law for personal injuries, property dam-
age or loss, or death proximately caused by the equipment
after the donation.
(b) EXCEPTIONS.—Subsection (a) does not apply to
a person if—
(1) the person’s act or omission proximately
causing the injury, damage, loss, or death con-
stitutes gross negligence or intentional misconduct;
or
(2) the person is the manufacturer of the fire
control or fire rescue equipment.
(c) PREEMPTION.—This Act preempts the laws of
any State to the extent that such laws are inconsistent
with this Act, except that notwithstanding subsection (b)
this Act shall not preempt any State law that provides
additional protection from liability for a person who do-
nates fire control or fire rescue equipment to a volunteer
fire company.
(d) DEFINITIONS.—In this section:
(1) PERSON.—The term ‘‘person’’ includes any
governmental or other entity.
(2) FIRE CONTROL OR RESCUE EQUIPMENT.—
The term ‘‘fire control or fire rescue equipment’’ in-
cludes any fire vehicle, fire fighting tool, communica-
tions equipment, protective gear, fire hose, or
breathing apparatus.
(3) STATE.—The term ‘‘State’’ includes the
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam,
the Virgin Islands, any other territory or possession
of the United States, and any political subdivision of
any such State, territory, or possession.
(4) VOLUNTEER
FIRE
COMPANY.—The term
‘‘volunteer fire company’’ means an association of
individuals who provide fire protection and other
emergency services, where at least 30 percent of the
individuals receive little or no compensation com-
pared with an entry level full-time paid individual in
that association or in the nearest such association
with an entry level full-time paid individual.
(e) EFFECTIVE DATE.—This Act applies only to li-
ability for injury, damage, loss, or death caused by equip-
ment that, for purposes of subsection (a), is donated on
or after the date that is 30 days after the date of the
enactment of this Act.
SEC. 3. STATE-BY-STATE REVIEW OF DONATION OF FIRE-
FIGHTER EQUIPMENT.
(a) IN GENERAL.—The Attorney General of the
United States shall conduct a State-by-State review of the
donation of firefighter equipment to volunteer firefighter
companies during the 5-year period ending on the date
of the enactment of this Act.
(b) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Attorney General of the
United States shall publish and submit to the Congress
a report on the results of the review conducted under sub-
section (a). The report shall include, for each State, the
most effective way to fund firefighter companies, whether
first responder funding is sufficient to respond to the Na-
tion’s needs, and the best method to ensure that the equip-
ment donated to volunteer firefighter companies is in usa-
ble condition.
Passed the House of Representatives September 14,
2004.
Attest:
Clerk.