TITLE I—TAX INCENTIVES FOR CHARITABLE CONTRIBUTIONS
Sec. 101. Charitable credit and enhancement of charitable deduction.
Sec. 102. Credit for payment of wages while employee volunteers.
TITLE II—VOLUNTEER ENHANCEMENT
Sec. 201. Compensatory time.
TITLE III—COMMON SENSE LEGAL AND REGULATORY REFORMS
FOR CHARITIES.
Subtitle A—Liability of Certain Tax Exempt Organizations Under CERCLA
Sec. 301. Limitation for certain tax exempt organizations.
Subtitle B—Liability of Certain Tax Exempt Organizations Under OSHA
Sec. 311. Notice of violation.
Sec. 312. Employer defenses.
Subtitle C—Fair Labor Standards Act Obligations of Certain Tax Exempt
Organizations
Sec. 321. Flexible and compressed schedules.
Subtitle D—Limited Damages in Negligence Claims
Sec. 331. Suits against charitable organizations.
Subtitle E—Volunteer Protection
Sec. 332. Findings and purpose.
Sec. 333. No preemption of State tort law.
Sec. 334. Limitation on liability for volunteers.
Sec. 335. Certification requirement and adjustment of social services block
grant allotments.
Sec. 336. Definitions.
Subtitle F—Charitable Medical Care
Sec. 341. Exemption of health care professionals from negligence liability in the
provision of certain health care services without charge.
Subtitle G—Property Access
Sec. 351. Property access.
Subtitle H—Volunteer Firefighter and Rescue Squad Worker Protection
Sec. 361. Firefighter and rescue squad services.
Sec. 362. Waiver of overtime compensation.
Sec. 363. Coercion.
TITLE I—TAX INCENTIVES FOR
CHARITABLE CONTRIBUTIONS
SEC. 101. CHARITABLE CREDIT AND ENHANCEMENT OF
CHARITABLE DEDUCTION.
(a) CREDIT FOR CHARITABLE CONTRIBUTIONS.—
(1) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code
of 1986 (relating to nonrefundable personal credits)
is amended by inserting after section 22 the follow-
ing new section:
‘‘SEC. 23. CHARITABLE CONTRIBUTIONS.
‘‘(a) IN GENERAL.—In the case of an individual,
there shall be allowed as a credit against the tax imposed
by this subtitle for the taxable year an amount equal to
the charitable contributions payment of which is made
within the taxable year.
‘‘(b) LIMITATION.—The credit allowed under sub-
section (a) for the taxable year shall not exceed $100
($200 in the case of a joint return).
‘‘(c) CHARITABLE CONTRIBUTION.—For purposes of
this section, the term ‘charitable contribution’ has the
meaning given such term in section 170.
‘‘(d) SPECIAL RULES.—For purposes of this section,
rules similar to the rules of the last sentence of section
170(a)(1) shall apply.
‘‘(e) COORDINATION WITH DEDUCTION FOR CHARI-
TABLE CONTRIBUTIONS.—
‘‘(1) NO
DOUBLE
BENEFIT.—No deduction
shall be allowed under section 170 with respect to
any charitable contribution for which a credit is al-
lowed under this section.
‘‘(2) 
ELECTION
TO
HAVE
SECTION
NOT
APPLY.—A taxpayer may elect, for any taxable year,
to have this section not apply.’’
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subpart A of part IV of subchapter A of
chapter 1 of such Code is amended by inserting
after the item relating to section 22 the following
new item:
‘‘Sec. 23. Charitable Contributions.
(b) CERTAIN LIMITATIONS INAPPLICABLE TO CON-
TRIBUTIONS BY INDIVIDUALS TO 501(c)(3) ORGANIZA-
TIONS.—Paragraph (1) of section 170(b) of the Internal
Revenue Code of 1986 (relating to percentage limitations)
is amended by adding at the end the following new sub-
paragraph:
‘‘(G) EXCEPTION FOR CONTRIBUTIONS TO
501(c)(3) ORGANIZATIONS.—The limitations of
subparagraphs (A), (B), (C), and (D) shall not
apply to charitable contributions to an organi-
zation described in section 501(c)(3) and ex-
empt from tax under section 501(a), and such
contributions shall not be taken into account
for purposes of applying such subparagraphs to
other charitable contributions.’’
(c) CONTRIBUTIONS MADE BY DUE DATE OF RE-
TURN.—Subsection (a) of section 170 of such Code (relat-
ing to charitable, etc., contributions and gifts) is amended
by adding at the end the following new paragraph:
‘‘(4) CONTRIBUTIONS
MADE
BY
INDIVIDUALS
BEFORE DUE DATE OF RETURN.—In the case of an
individual, if a charitable contribution is paid after
the close of a taxable year and on or before the due
date (determined without regard to extensions there-
of) of the return for such taxable year, then the tax-
payer may elect to treat such contribution as paid
during such taxable year. For purposes of this para-
graph, rules similar to the rules of the last sentence
of paragraph (2) shall apply.’’
(d) INFORMATION REGARDING COMBINED FEDERAL
CAMPAIGN.—With each mailing by the Secretary of the
Treasury of tax return forms to a taxpayer in a State,
such Secretary shall include a list of all charities which
participate in the Combined Federal Campaign within
such State.
(e) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by
this section shall apply to contributions made after
the date of the enactment of this Act.
(2) CREDIT
FOR
CHARITABLE
CONTRIBU-
TIONS.—The amendments made by subsection (a)
shall apply to contributions made after December
31, 1996.
(3) INFORMATION REGARDING COMBINED FED-
ERAL
CAMPAIGN.—Subsection (d) shall apply to
mailings with respect to taxable years ending after
date of enactment.
SEC. 102. CREDIT FOR PAYMENT OF WAGES WHILE EM-
PLOYEE VOLUNTEERS.
(a) IN GENERAL.—Subpart B of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
section:
‘‘SEC. 30A. CREDIT FOR PAYMENT OF WAGES WHILE EM-
PLOYEE VOLUNTEERS.
‘‘(a) IN GENERAL.—In the case of an employer, there
shall be allowed as a credit against the tax imposed by
this chapter an amount, with respect to each employee of
such employer, equal to 60 percent of the product of—
‘‘(1) the number of hours of services performed
by such employee (without compensation other than
by such employer) during the taxable year for an or-
ganization described in section 501(c)(3) and exempt
from tax under section 501(a), and
‘‘(2) the hourly wage paid or accrued by such
employer to such employee for such hours.
‘‘(b) LIMITATIONS.—
‘‘(1) IN GENERAL.—With respect to any em-
ployee—
‘‘(A) the number of hours taken into ac-
count under subsection (a)(1) shall not exceed
52, and
‘‘(B) the hourly wage taken into account
under subsection (a)(2) shall not exceed $20.00.
‘‘(2) REGULAR PAY AS HOURLY WAGE.—In the
case of an employee other than a salaried employee,
the hourly wage taken into account under subsection
(a)(2) shall be determined on the basis of such em-
ployee’s regular pay and without regard to overtime
pay.
‘‘(3) LIMITATION ON EMPLOYEES TAKEN INTO
ACCOUNT.—
‘‘(A) NUMBER OF EMPLOYEES.—Not more
than 100 employees of an employer may be
taken into account under subsection (a) for any
taxable year.
‘‘(B) EMPLOYEES AND FORMER EMPLOY-
EES
OF
CHARITABLE
ORGANIZATION.—Sub-
section (a) shall not apply with respect to serv-
ices performed by an individual for any organi-
zation if such individual, at any time during the
taxable year or the preceding taxable year, was
an employee of such organization.
‘‘(4) APPLICATION
WITH
OTHER
CREDITS.—
The credit allowed by subsection (a) for any taxable
year shall not exceed the excess (if any) of—
‘‘(A) the regular tax for the taxable year
reduced by the sum of the credits allowable
under subpart A and sections 27, 28, 29, and
30, over
‘‘(B) the tentative minimum tax for the
taxable year.
‘‘(c) APPLICATION TO SALARIED EMPLOYEES.—
‘‘(1) HOURLY
WAGE
EQUIVALENT.—For pur-
poses of this section, the hourly wage of any salaried
employee shall be treated as being—
‘‘(A) the wages (as defined in section
3121(a)) of such employee from the employer
for the taxable year, divided by
‘‘(B) the number of hours worked by the
employee during the taxable year, determined
under regulations prescribed by the Secretary.
‘‘(2) PERFORMANCE DURING NORMAL WORKING
HOURS.—Subsection (a) shall apply with respect to
services performed by a salaried employee only if
such services are performed during such employee’s
normal working hours (as determined under regula-
tions prescribed by the Secretary).
‘‘(d) CERTIFICATION
BY CHARITABLE ORGANIZA-
TION.—Subsection (a) shall not apply with respect to any
hour of service by an employee unless the employer re-
ceives, from the organization for which such service is per-
formed, a qualified certification that the employee pro-
vided such services to such organization for such hour. For
purposes of the preceding sentence, the term ‘qualified
certification’ means a written certification by an employee
of such organization who holds a position of responsibility
in such organization and has made every reasonable effort
(including supervision of such employer’s employee or del-
egation of such supervision to a qualified subordinate) to
ensure the accuracy of such certification.
‘‘(e) COORDINATION WITH OTHER PROVISIONS.—No
credit or deduction shall be allowed under any other provi-
sion of this title for any amount for which a credit is al-
lowed under this section.
‘‘(f) PARTNERS AND PARTNERSHIPS.—For purposes
of this section, in the case of any partnership—
‘‘(1) the term ‘employer’ includes such partner-
ship, with respect to any partner, and
‘‘(2) the term ‘employee’ includes a partner.’’
(b) CLERICAL AMENDMENT.—The table of sections
for subpart B of part IV of subchapter A of chapter 1
of such Code is amended by adding at the end the follow-
ing new item:
‘‘Sec. 30A. Credit for payment of wages while employee volun-
teers.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to services performed after Decem-
ber 31, 1996.
TITLE II—VOLUNTEER
ENHANCEMENT
SEC. 201. COMPENSATORY TIME.
To give workers the scheduling flexibility they need
to more fully participate in charitable activities, section
7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C.
207(o)) is amended to read as follows:
‘‘(o)(1) An employee may receive, in accordance with
this subsection and in lieu of monetary overtime com-
pensation, compensatory time off at a rate not less than
11⁄2 hours for each hour of employment for which overtime
compensation is required by this section.
‘‘(2) An employer may provide compensatory time
under paragraph (1) only pursuant to—
‘‘(A) applicable provisions of a collective bar-
gaining agreement, memorandum of understanding,
or any other agreement between the employer and
representative of such employees; or
‘‘(B) in the case of employees not covered by
subparagraph (A), an agreement or understanding
arrived at between the employer and employee before
the performance of the work.
‘‘(3) An employee, who is not an employee of a public
agency, may accrue not more than 240 hours of compen-
satory time. Not later than January 31 of each calendar
year, the employee’s employer shall provide monetary com-
pensation for any compensatory time off accrued during
the preceding calendar year which was not used prior to
December 31 of the preceding year at a rate not less than
11⁄2 times the regular rate earned by the employee at the
time the employee receives such payment. An employer
may designate and communicate to the employer’s employ-
ees a 12-month period other than the calendar year, in
which case such compensation shall be provided not later
than 31 days after the end of such 12-month period.
‘‘(4) If the work of an employee of a public agency
for which compensatory time may be provided included
work in a public safety activity, an emergency response
activity, or a seasonal activity, the employee engaged in
such work may accrue not more than 480 hours of com-
pensatory time for hours worked after April 15, 1986. If
such work was any other work, the employee engaged in
such work may accrue not more than 240 hours of com-
pensatory time for hours worked after April 15, 1986. Any
such employee who, after April 15, 1986, has accrued 480
or 240 hours, as the case may be, of compensatory time
off shall, for additional overtime hours of work, be paid
overtime compensation.
‘‘(5) An employee who has accrued compensatory
time off authorized to be provided under paragraph (1)
shall, upon termination of employment, be paid for the un-
used compensatory time at a rate of compensation not less
than—
‘‘(A) the average regular rate received by such
employee during the last 3 years of the employee’s
employment, or
‘‘(B) the final regular rate received by such em-
ployee, whichever is higher.
‘‘(6) An employee—
‘‘(A) who has accrued compensatory time off
authorized to be provided under paragraph (1), and
‘‘(B) who has requested the use of such com-
pensatory time,
shall be permitted by the employee’s employer to use such
time within a reasonable period after making the request
if the use of the compensatory time does not unduly dis-
rupt the operations of the employer.
‘‘(7) For purposes of this subsection—
‘‘(A) the term ‘overtime compensation’ means
the compensation required by subsection (a), and
‘‘(B) the terms ‘compensatory time’ and ‘com-
pensatory time off’ mean hours during which an em-
ployee is not working, which are not counted as
hours worked during the applicable workweek or
other work period for purposes of overtime com-
pensation, and for which the employee is com-
pensated at the employee’s regular rate.’’.
TITLE 
III—COMMON 
SENSE
LEGAL AND REGULATORY RE-
FORMS FOR CHARITIES.
Subtitle A—Liability of Certain Tax
Exempt 
Organizations 
Under
CERCLA
SEC. 301. LIMITATION FOR CERTAIN TAX EXEMPT ORGANI-
ZATIONS.
(a) EXEMPTIONS.—Section 107 of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 is amended by adding the following new
subsection after subsection (m):
‘‘(n) LIMITATION FOR CERTAIN TAX EXEMPT ORGA-
NIZATIONS.—No 
organization 
described 
in 
section
501(c)(3) of the Internal Revenue Code of 1986 and ex-
empt from tax under section 501(a) of such Code shall
be liable under this section or section 106 with respect
to a release or threatened release from a facility if such
organization’s liability is based solely on the person’s sta-
tus under paragraph (1) of subsection (a) as owner of the
facility unless such organization—
‘‘(1) was the sole owner of such facility during
the period when hazardous substances, pollutants, or
contaminants were placed at the facility;
‘‘(2) the person seeking to hold such organiza-
tion liable provides specific evidence that—
‘‘(A) the organization caused or contrib-
uted, or participated in causing or contributing,
to a release or threat of release at the facility;
and
‘‘(B) failed to exercise due care with re-
spect to the hazardous substance or pollutant
or 
contaminant 
concerned, 
including 
pre-
cautions against foreseeable acts of third par-
ties, taking into consideration the characteris-
tics of such hazardous substance, in light of all
relevant facts and circumstances.
The exemption provided by this subsection shall not apply
in the case of an organization that is the sole owner of
the facility concerned.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect with respect to all actions
brought before, on, or after the enactment of this Act
other than an action in which final judgment has been
rendered by a court of competent jurisdiction before the
date of enactment of this Act or an action that has been
resolved by a judicially approved settlement before such
date of enactment.
Subtitle B—Liability of Certain Tax
Exempt 
Organizations 
Under
OSHA
SEC. 311. NOTICE OF VIOLATION.
Section 9 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 658) is amended by adding at the end
the following new subsection:
‘‘(d)(1) In the case of an employer described in sec-
tion 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code,
this subsection shall apply in lieu of subsection (a). Except
as provided in subsection (b), in the case of an employer
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from taxation under section
501(a) of such Code, if, upon inspection or investigation,
the Secretary or the Secretary’s authorized representative
believes that such employer or an employee of such an em-
ployer has violated a requirement of section 5, of any
standard, rule or order prescribed pursuant to section 6,
or of any regulations prescribed pursuant to this Act, the
Secretary shall with reasonable promptness so notify the
employer. Each such notice shall be in writing and shall
describe with particularity the nature of the violation and
the recommendations for abatement. In addition, the no-
tice shall fix a reasonable time for abatement of the al-
leged violation. Such time for abatement shall be not less
than 30 days, except that a shorter period may be allowed
if the condition constitutes a direct threat to employees
and a shorter period is reasonable under all of the cir-
cumstances.
‘‘(2) If upon a follow up inspection the Secretary be-
lieves that a violation of a standard, rule, or order pre-
scribed under section 6, or a violation of any regulation
prescribed pursuant to this Act, previously identified in
a notice as provided in paragraph (1), remains and the
time provided for its abatement has expired, the Secretary
may issue a citation to the employer. Each such citation
shall be in writing and shall describe with particularity
the nature of the violation, including a reference to the
provision of the Act, standard, rule, regulation, or order
alleged to have been violated. Notwithstanding the issu-
ance of a notice under paragraph (1), the Secretary shall
not issue a citation under this paragraph with respect to
de minimis violations which have no direct or immediate
relationship to safety or health. For purposes of this para-
graph, a violation of any requirement for posting, record-
keeping, reporting, notification, or compiling or maintain-
ing written documents or records shall be considered a de
minimis violation unless the Secretary establishes that
such violation has a direct relationship to the safety or
health of employees or reflects an intent to mislead or de-
ceive the Secretary or any employee. For purposes of this
Act, a citation issued under this paragraph shall be treat-
ed as a citation issued under subsection (a).
‘‘(3) The notice required in paragraph (1) before is-
suance of a citation shall not be required in the case of
any alleged violation causing death or serious injury to
an employee or which constitutes an imminent danger to
an employee.’’.
SEC. 312. EMPLOYER DEFENSES.
Section 9 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 658), as amended by section 311, is
amended by adding at the end the following:
‘‘(f) No citation with respect to an alleged violation
may be issued under subsection (b) to an employer de-
scribed in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code, unless the employer knew or with the exercise of
reasonable diligence would have known of the presence of
such alleged violation. No citation shall be issued under
subsection (b) to such an employer for an alleged violation
of any standard, rule, or order promulgated pursuant to
section 6, or any other regulation promulgated under this
Act if such employer demonstrates that—
‘‘(1) employees of such employer have been pro-
vided with any training and equipment required by
the standard or rule at issue;
‘‘(2) work rules designed to prevent such a vio-
lation have been established and communicated to
employees by such employer and the employer has
taken reasonable measures to implement such work
rules and to discipline employees when violations of
such work rules have been discovered; and
‘‘(3) the failure of employees to observe work
rules led to the violation.
‘‘(g) A citation issued under subsection (b) to an em-
ployer described in section 501(c)(3) of the Internal Reve-
nue Code of 1986 and exempt from tax under section
501(a) of such Code, who violates the requirements of any
standard, rule, or order promulgated pursuant to section
6 or any other regulation promulgated under this Act shall
be vacated if such employer demonstrates that employees
of such employer were protected by alternative methods
substantially equal or more protective of the employee’s
safety and health than those required by such standard,
rule, order, or regulation in the factual circumstances un-
derlying the citation.
‘‘(h) Notwithstanding any other provision of law, in
the case of an employer described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code, compliance with a re-
quirement under this Act or any other Federal regulatory
requirement designed to protect human health or safety
shall be a defense against a citation or any civil or admin-
istrative action for a violation of a requirement under this
or any other law, where the requirements under the 2 laws
are potentially in conflict. For purposes of this subsection,
the term ‘potentially in conflict’ means a requirement that
overlaps with, is inconsistent with, or conflicts with, a re-
quirement under this Act, and includes labeling require-
ments for the same product and training requirements
that are related to the same hazard.
‘‘(i) Subsections (f), (g), and (h) shall not be con-
strued to eliminate or modify other defenses which may
exist to any citation.’’.
Subtitle C—Fair Labor Standards
Act Obligations of Certain Tax
Exempt Organizations
SEC. 321. FLEXIBLE AND COMPRESSED SCHEDULES.
The Fair Labor Standards Act of 1938 is amended
by inserting after section 13 (29 U.S.C. 213) the following
new section:
provisions referred to in paragraph (2). In the case
of any part-time employee on such a compressed
schedule, overtime pay shall begin to be paid after
the same number of hours of work after which a
full-time employee on a similar schedule would begin
to receive overtime pay.
‘‘(c) FLEXIBLE SCHEDULES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, a tax-exempt employer may estab-
lish programs that allow the use of flexible schedules
that include—
‘‘(A) designated hours and days during
which an employee on such a schedule must be
present for work; and
‘‘(B) designated hours during which an
employee on such a schedule may elect the time
of the arrival of such employee at and depar-
ture of such employee from work, solely for
such purpose or, if and to the extent permitted,
for the purpose of accumulating credit hours to
reduce the length of the workweek or another
workday.
‘‘(2) OVERTIME COMPENSATION PROVISIONS.—
For purposes of determining compensation for over-
time hours in the case of an employee participating
in a program under this subsection—
‘‘(A) the tax-exempt employer may, on re-
quest of the employee, grant the employee com-
pensatory time off in lieu of payment for such
overtime hours, whether or not irregular or oc-
casional in nature and notwithstanding section
7 or any other provision of law; or
‘‘(B) the employee shall be compensated
for such overtime hours in accordance with such
provisions, as applicable.
‘‘(3) COMPUTATION
OF
OVERTIME.—Notwith-
standing the provisions of law referred to in para-
graph (2)(A), an employee shall not be entitled to be
compensated for credit hours worked except to the
extent such employee is allowed to have such hours
taken into account with respect to the basic work re-
quirement of the employee.
‘‘(4) ACCUMULATION AND COMPENSATION.—
‘‘(A) ACCUMULATION.—A full-time em-
ployee on a flexible schedule under this sub-
section can accumulate not more than 48 credit
hours, and a part-time employee can accumu-
late not more than 1⁄4 of the hours in the basic
work requirement, over a 4-week period, of the
employee, for carryover from a 4-week period to
a succeeding 4-week period for credit to the
basic work requirement for such period.
‘‘(B) COMPENSATION.—Any employee who
is on a flexible schedule program under this
subsection and who is no longer subject to such
a program shall be paid at the then current
rate of basic pay of the employee for—
‘‘(i) in the case of a full-time em-
ployee, not more than 48 credit hours ac-
cumulated by such employee; or
‘‘(ii) in the case of a part-time em-
ployee, the number of credit hours (not in
excess of 1⁄4 of the hours in the basic work
requirement, over a 4-week period, of the
employee) accumulated by such employee.
‘‘(d) PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), no employee may be required to partici-
pate in a program described in this section.
‘‘(2) PROHIBITION OF COERCION.—
‘‘(A) An employer may not directly or indi-
rectly intimidate, threaten, or coerce, or at-
tempt to intimidate, threaten, or coerce, any
employee for the purpose of interfering with
such employee’s rights under this section to
elect a time of arrival or departure, to elect or
not to elect to work a compressed work sched-
ule, to work or not to work credit hours, or to
request or not to request compensatory time off
in lieu of payment for overtime hours.
‘‘(B) For the purpose of subsection (A),
the term ‘intimidate, threaten, or coerce’ in-
cludes, but is not limited to, promising to con-
fer or conferring any benefit (such as appoint-
ment, promotion, or compensation), or effecting
or threatening to effect any reprisal (such as
deprivation of appointment, promotion, or com-
pensation).’’
‘‘(3) COLLECTIVE BARGAINING AGREEMENT.—
In a case in which a valid collective bargaining
agreement exists, an employee may only be required
to participate in such a program in accordance with
the agreement.
‘‘(e) APPLICATION OF PROGRAMS IN THE CASE OF
COLLECTIVE BARGAINING AGREEMENTS.—
‘‘(1) APPLICABLE REQUIREMENTS.—In the case
of employees in a unit represented by an exclusive
representative, any flexible or compressed schedule
described in subsection (b) or (c), respectively, and
the establishment and termination of any such
schedule, shall be subject to the provisions of this
section and the terms of a collective bargaining
agreement between the employer and the exclusive
representative.
‘‘(2) INCLUSION
OF
EMPLOYEES.—Employees
within a unit represented by an exclusive representa-
tive shall not be included within any program under
this section except to the extent expressly provided
under a collective bargaining agreement between the
employer and the exclusive representative.
‘‘(3) COLLECTIVE BARGAINING AGREEMENTS.—
Nothing in this section shall be construed to dimin-
ish the obligation of an employer to comply with any
collective bargaining agreement or any employment
benefits program or plan that provides lesser or
greater rights to employees than the benefits estab-
lished under this section.
‘‘(f) DEFINITIONS.—
‘‘(1) BASIC
WORK
REQUIREMENT.—The term
‘basic work requirement’ means the number of
hours, excluding overtime hours, that an employee is
required to work or is required to account for by
leave or otherwise.
‘‘(2) COLLECTIVE BARGAINING.—The term ‘col-
lective bargaining’ means the performance of the
mutual obligation of the representative of an em-
ployer and the exclusive representative of employees
in an appropriate unit to meet at reasonable times
and to consult and bargain in a good-faith effort to
reach agreement with respect to the conditions of
employment affecting such employees and to exe-
cute, if requested by either party, a written docu-
ment incorporating any collective bargaining agree-
ment reached, but the obligation referred to in this
paragraph does not compel either party to agree to
a proposal or to make a concession.
‘‘(3) COLLECTIVE BARGAINING AGREEMENT.—
The term ‘collective bargaining agreement’ means an
agreement entered into as a result of collective bar-
gaining.
‘‘(4) CREDIT HOURS.—The term ‘credit hours’
means any hours, within a flexible schedule estab-
lished under subsection (c), that are in excess of the
basic work requirement of an employee and that the
employee elects to work so as to vary the length of
a workweek or a workday.
‘‘(5) EMPLOYEE.—The term ‘employee’ means
an employee, as defined in section 3, except that the
term shall not include an employee, as defined in
section 6121(2) of title 5, United States Code.
‘‘(6) EXCLUSIVE REPRESENTATIVE.—The term
‘exclusive representative’ means any labor organiza-
tion that—
‘‘(A) is certified as the exclusive represent-
ative of employees in an appropriate unit pursu-
ant to Federal law; or
‘‘(B) was recognized by an employer imme-
diately before the date of enactment of this sec-
tion as the exclusive representative of employees
in an appropriate unit—
‘‘(i) on the basis of an election; or
‘‘(ii) on any basis other than an elec-
tion;
and continues to be so recognized.
‘‘(7) OVERTIME
HOURS.—The term ‘overtime
hours’—
‘‘(A) when used with respect to flexible
schedule programs under subsection (c), means
all hours in excess of 8 hours in a day or 40
hours in a week that are officially ordered in
advance, but does not include credit hours; and
‘‘(B) when used with respect to compressed
schedule programs under subsection (b), means
any hours in excess of the specified hours that
constitute the compressed schedule.
‘‘(8) TAX-EXEMPT EMPLOYER.—The term ‘tax-
exempt employer’ means an employer, as defined in
section 3, which is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code, except that
the term shall not include any person acting in rela-
tion to an employee, as defined in section 6121(2)
of title 5, United States Code.’’
Subtitle D—Limited Damages in
Negligence Claims
SEC. 331. SUITS AGAINST CHARITABLE ORGANIZATIONS.
In any civil action brought for negligence against an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 the amount of non-economic dam-
ages that may be recovered may be not more than
$250,000.
Subtitle E—Volunteer Protection
SEC. 332. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds and declares
that—
(1) the willingness of volunteers to offer their
services is deterred by potential personal liability for
simple mistakes made in the course of volunteer
service;
(2) as a result, many nonprofit public and pri-
vate organizations and governmental entities, includ-
ing voluntary associations, social service agencies,
educational institutions, local governments, founda-
tions, and other civic programs, have been adversely
affected through the withdrawal of volunteers from
boards of directors and service in other capacities;
(3) the contribution of these programs to their
communities is thereby diminished, resulting in
fewer and higher cost programs than would be ob-
tainable if volunteers were participating; and
(4) because Federal funds are expended on use-
ful and cost-effective social service programs which
depend heavily on volunteer participation, protection
of voluntarism through clarification and limitation of
the personal liability risks assumed by the volunteer
in connection with such participation is an appro-
priate subject for Federal encouragement of State
reform.
(b) PURPOSE.—It is the purpose of this Act to pro-
mote the interests of social service program beneficiaries
and taxpayers and to sustain the availability of programs
and nonprofit organizations and governmental entities
which depend on volunteer contributions by encouraging
reasonable reform of State laws to provide protection from
personal financial liability to volunteers serving with non-
profit organizations and governmental entities for actions
undertaken in good faith on behalf of such organizations.
SEC. 333. NO PREEMPTION OF STATE TORT LAW.
Nothing in this Act shall be construed to preempt the
laws of any State governing tort liability actions.
SEC. 334. LIMITATION ON LIABILITY FOR VOLUNTEERS.
(a) LIABILITY PROTECTION FOR VOLUNTEERS.—Ex-
cept as provided in subsections (b) and (d), any volunteer
of a nonprofit organization or governmental entity shall
incur no personal financial liability for any tort claim al-
leging damage or injury from any act or omission of the
volunteer on behalf of the organization or entity if—
(1) such volunteer was acting in good faith and
within the scope of such volunteer’s official functions
and duties with the organization or entity; and
(2) such damage or injury was not caused by
willful and wanton misconduct by such volunteer.
(b) CONCERNING RESPONSIBILITY OF VOLUNTEERS
WITH RESPECT
TO ORGANIZATIONS.—Nothing in this
section shall be construed to affect any civil action brought
by any nonprofit organization or any governmental entity
against any volunteer of such organization or entity.
(c) NO EFFECT ON LIABILITY OF ORGANIZATION.—
Nothing in this section shall be construed to affect the
liability of any nonprofit organization or governmental en-
tity with respect to injury caused to any person.
(d) EXCEPTIONS TO VOLUNTEER LIABILITY PRO-
TECTION.—A State may impose one or more of the follow-
ing conditions on and exceptions to the granting of liabil-
ity protection to any volunteer of an organization or entity
required by subsection (a):
(1) The organization or entity must adhere to
risk management procedures, including mandatory
training of volunteers, as defined by the Secretary of
Health and Human Services by regulation.
(2) The organization or entity shall be liable for
the acts or omissions of its volunteers to the same
extent as an employer is liable, under the laws of
that State, for the acts or omissions of its employ-
ees.
(3) The protection from liability does not
apply—
(A) if the volunteer was operating a motor
vehicle, vessel, aircraft, or other vehicle for
which the State involved requires the operator
or vehicle owner to maintain insurance;
(B) in the case of a suit brought by an ap-
propriate officer of a State or local government
to enforce a Federal, State, or local law; and
(C) to the extent the claim would be cov-
ered under any insurance policy.
(4) The protection from liability shall apply
only if the organization or entity provides a finan-
cially secure source of recovery for individuals who
suffer injury as a result of actions taken by a volun-
teer on behalf of the organization or entity. A finan-
cially secure source of recovery may be an insurance
policy within specified limits, comparable coverage
from a risk pooling mechanism, equivalent assets, or
alternative arrangements that satisfy the State that
the entity will be able to pay for losses up to a speci-
fied amount. Separate standards for different types
of liability exposure may be specified.
SEC. 335. CERTIFICATION REQUIREMENT AND ADJUST-
MENT OF SOCIAL SERVICES BLOCK GRANT
ALLOTMENTS.
(a) CERTIFICATION
AND BLOCK GRANT ALLOT-
MENTS.—In the case of any State which certifies, not later
than 2 years after the date of the enactment of this Act,
to the Secretary of Health and Human Services that it
has enacted, adopted, or otherwise has in effect State law
which substantially complies with section 4(a), the Sec-
retary shall increase by 1 percent the fiscal year allotment
which would otherwise be made to such State to carry out
the Social Services Block Grant Program under title XX
of the Social Security Act.
(b) CONTINUATION
OF INCREASE.—Any increase
made under subsection (a) in an allotment to a State shall
remain in effect only if the State makes a certification
to the Secretary of Health and Human Services, not later
than the end of each 1-year period occurring successively
after the end of the 2-year period described in subsection
(a), that it has in effect State law which substantially com-
plies with section 4(a).
SEC. 336. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘volunteer’’ means an individual
performing services for a nonprofit organization or
a governmental entity who does not receive—
(A) compensation (including reimburse-
ment or allowance for expenses), or
(B) any other thing of value in lieu of com-
pensation,
in excess of $300, and such term includes a volun-
teer serving as a director, officer, trustee, or direct
service volunteer;
(2) the term ‘‘nonprofit organization’’ means
any organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code;
(3) the term ‘‘damage or injury’’ includes phys-
ical, nonphysical, economic, and noneconomic dam-
age; and
(4) the term ‘‘State’’ means each of the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, any other
territory or possession of the United States, or any
political subdivision of any such State, territory, or
possession.
Subtitle F—Charitable Medical
Care
SEC. 341. EXEMPTION OF HEALTH CARE PROFESSIONALS
FROM NEGLIGENCE LIABILITY IN THE PROVI-
SION OF CERTAIN HEALTH CARE SERVICES
WITHOUT CHARGE.
(a) LIMITED LIABILITY.—
(1) IN GENERAL.—Subject to subsection (b), a
health care professional who is licensed or certified
to furnish health care services by the appropriate
authorities for practice in a State shall not be liable
for any civil damages for any act or omission result-
ing from the rendering of a health care service de-
scribed in paragraph (2) unless the act or omission
was the result of gross negligence or willful mis-
conduct.
(2) HEALTH CARE SERVICE DESCRIBED.—
(A) IN GENERAL.—A health care service
described in this paragraph is a health care
service which is—
(i) voluntarily rendered by a health
care professional—
(I) within the scope of the health
care professional’s license or certifi-
cation; and
(II) without charge to the recipi-
ent of such service (or any health in-
surance plan or program under which
the recipient is covered); and
(ii) offered and rendered in, or upon
referral from, a free medical clinic.
(B) FREE MEDICAL CLINIC.—
(i) IN
GENERAL.—For purposes of
subparagraph (A)(iii), a free medical clinic
is a private, not-for-profit entity which—
(I) 
is 
described 
in 
section
501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax-
ation under section 501(a);
(II) is licensed if required by the
State in which it is located; and
(III) provides free outpatient
health care services, a majority of
which are rendered to individuals
whose income does not exceed 200
percent of the poverty line.
(ii) POVERTY LINE.—For purposes of
clause (i)(III), the term ‘‘poverty line’’ has
the same meaning given such term in sec-
tion 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)).
(b) REQUIREMENTS PRIOR
TO FURNISHING
THE
SERVICE.—Subsection (a)(1) shall apply only if a health
care professional before furnishing a health care service—
(1) agrees to furnish the health care service vol-
untarily and without charge to the recipient of such
service (or any health insurance plan or program
under which the recipient is covered); and
(2) provides the recipient of the health care
service with adequate notice, as determined by the
Secretary of Health and Human Services, of the
health care professional’s limited liability with re-
spect to the service.
(c) PREEMPTION.—The provisions of this section
shall preempt any State law to the extent such law is in-
consistent with such provisions. The provisions of this sec-
tion shall not preempt any State law that provides greater
incentives or protections to a health care professional ren-
dering a health care service described in subsection (a)(2).
(d) EFFECTIVE DATE.—This section shall apply with
respect to health care services furnished on or after the
date of the enactment of this Act.
Subtitle G—Property Access
SEC. 351. PROPERTY ACCESS.
Section 8(a)(1) of the National Labor Relations Act
is amended by adding after ‘‘section 7’’ the following:
‘‘Provided, That an employer is not required to allow ac-
cess to its business property to employees or nonemployees
for purposes of union organizing, solicitation, distribution,
picketing, or other union advocacy or activities, even if the
employer allows such access to organizations for chari-
table, civic, or religious purposes.’’.
Subtitle H—Volunteer Firefighter
and Rescue Squad Worker Pro-
tection
SEC. 361. FIREFIGHTER AND RESCUE SQUAD SERVICES.
Paragraph (4) of section 3(e) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 303(e)) is amended by
adding after subparagraph (B) the following:
‘‘(C) The term ‘employee’ does not include a fire-
fighter or a member of a rescue squad during the period
in which the firefighter or rescue squad member volunteers
the firefighter’s or member’s services at a location where
the firefighter or member is not then or regularly em-
ployed.’’.
SEC. 362. WAIVER OF OVERTIME COMPENSATION.
The employer of a firefighter or member of a rescue
squad is not required to pay the firefighter or member
overtime compensation under section 7 of the Fair Labor
Standards Act of 1938 for a period—
(1) when the firefighter or member volunteered
their services to the employer, and
(2) for which the firefighter or member signed
a legally binding waiver of such compensation.
SEC. 363. COERCION.
Section 7 of the Fair Labor Standards Act of 1938
(29 U.S.C. 207) is amended by adding at the end the fol-
lowing:
‘‘(r) No employer may require (directly or indi-
rectly) an employee who is a firefighter or member
of a rescue squad to volunteer the employee’s fire-
fighting or rescue squad services during any period
in which such employee would be entitled to receive
compensation for overtime employment under sub-
section (a) if section 3(e)(4)(C) was not in effect.’’.
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