IB 
Union Calendar No. 419 
108TH CONGRESS 
2D SESSION 
H. R. 1787 
[Report No. 108–680] 
To remove civil liability barriers that discourage the donation of fire 
equipment to volunteer fire companies. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 11, 2003 
Mr. CASTLE (for himself, Mr. KENNEDY of Minnesota, Mr. PASCRELL, Mr. 
WILSON of South Carolina, Mr. MCNULTY, Ms. HARMAN, Mr. SMITH of 
Michigan, Mr. GOODE, Mr. COLE, Mr. FOSSELLA, Mr. MCHUGH, Mr. 
DUNCAN, Mr. BRADY of Texas, Mr. BEREUTER, Mr. KING of New York, 
Mr. WALSH, Mr. GILCHREST, Mr. DOYLE, Mr. NEY, Mr. SHIMKUS, Mr. 
EMANUEL, Mr. EHLERS, Mr. DAVIS of Tennessee, Mr. REYNOLDS, Mr. 
MCGOVERN, and Ms. GINNY BROWN-WAITE of Florida) introduced the 
following bill; which was referred to the Committee on the Judiciary 
SEPTEMBER 13, 2004 
Additional sponsors: Mrs. EMERSON, Mr. ETHERIDGE, Mr. WELDON of Penn-
sylvania, Mr. FALEOMAVAEGA, Ms. KILPATRICK, Mr. KING of Iowa, Mr. 
BAKER, Mr. MCINNIS, Mrs. JO ANN DAVIS of Virginia, Mr. UPTON, Mr. 
LATOURETTE, Mr. HOUGHTON, Mr. WOLF, Mr. UDALL of Colorado, Mr. 
GREEN of Wisconsin, Mr. FROST, Mrs. KELLY, Mr. BOEHLERT, Mr. 
ROGERS of Michigan, Mr. ROGERS of Kentucky, Mr. BROWN of South 
Carolina, Mr. STEARNS, Mr. BURGESS, Mr. GIBBONS, Mr. FRANK of 
Massachusetts, Mr. GRIJALVA, Mr. MCINTYRE, Mr. BURR, Mr. PLATTS, 
Mr. HOLDEN, Ms. CORRINE BROWN of Florida, Mr. SCOTT of Georgia, 
Mr. RUPPERSBERGER, Mr. LUCAS of Kentucky, Mr. CASE, Mr. COX, Mr. 
OWENS, Ms. DELAURO, Mr. BRADY of Pennsylvania, Mr. BEAUPREZ, Mr. 
REHBERG, Mr. LATHAM, and Mrs. CAPITO 
SEPTEMBER 13, 2004 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 11, 2003] 
A BILL 
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 Volun-
teer 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 com-
pany shall not be liable for civil damages under any State 
or Federal law for personal injuries, property damage 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 constitutes 
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 donates fire con-
trol 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 breath-
ing apparatus. 
(3) STATE.—The term ‘‘State’’ includes the sev-
eral States, the District of Columbia, the Common-
wealth 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 ‘‘vol-
unteer fire company’’ means an association of indi-
viduals who provide fire protection and other emer-
gency services, where at least 30 percent of the indi-
viduals receive little or no compensation compared 
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 liabil-
ity for injury, damage, loss, or death caused by equipment 
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 enact-
ment 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 re-
sponder funding is sufficient to respond to the Nation’s
needs, and the best method to ensure that the equipment 
donated to volunteer firefighter companies is in usable con-
dition.
Union Calendar No. 419 
108TH CONGRESS 
2D SESSION 
H. R. 1787 
[Report No. 108–680] 
A BILL 
To remove civil liability barriers that discourage the 
donation of fire equipment to volunteer fire com-
panies. 
SEPTEMBER 13, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed