Volunteer Protection Act of 1997
PL 105-19 (S.543), enacted 06/18/1997

Ill STAT. 218 
PUBLIC LAW 105-19-^JUNE 18, 1997 
Public Law 105-19 
105th Congress 
An Act 
June 18, 1997 
[8.543] 
Volunteer 
Protection Act of 
1997. 
42 use 14501 
note. 
42 use 14501. 
To provide certain protections to volunteers, nonprofit organizations, and govern-
mental entities in lawsuits based on the activities of volunteers. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Volunteer Protection Act of 
1997". 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—^The Congress finds and declares that— 
(1) the willingness of volunteers to offer their services 
is deterred by the potential for liability actions against them; 
(2) as a result, many nonprofit public and private organiza-
tions and governmental entities, including voluntary associa-
tions, social service agencies, educational institutions, and other 
civic programs, have been adversely affected by 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 pro-
grams than would be obtainable if volunteers were participat-
ing; 
(4) because Federal funds are expended on useful and 
cost-effective social service programs, many of which are 
national in scope, depend heavily on volunteer participation, 
and represent some of the most successful public-private part-
nerships, protection of volunteerism through clsirification and 
limitation of the personal liability risks assumed by the volun-
teer in connection with such participation is an appropriate 
subject for Federal legislation; 
(5) services and goods provided by volunteers and nonprofit 
organizations would often otherwise be provided by private 
entities that operate in interstate commerce; 
(6) due to high liability costs and unwarranted litigation 
costs, volunteers and nonprofit organizations face higher costs 
in purchasing insurance, through interstate insurance markets, 
to cover their activities; and 
(7) clarifying and limiting the liability risk assumed by 
volunteers is an appropriate subject for Federal legislation 
because— 
(A) of the national scope of the problems created by 
the legitimate fears of volunteers about frivolous, arbitrary, 
or capricious lawsuits; 
PUBLIC LAW 105-19-^JUNE 18, 1997 
111 STAT. 219 
(B) the citizens of the United States depend on, and 
the Federal Grovemment expends funds on, and provides 
tax exemptions and other consideration to, numerous social 
programs that depend on the services of volunteers; 
(C) it is in the interest of the Federal Grovernment 
to encourage the continued operation of volunteer service 
organizations and contributions of volunteers because the 
Federal Grovemment lacks the capacity to carry out all 
of the services provided by such organizations and volun-
teers; and 
(D)(i) liability reform for volunteers, will promote the 
free flow of goods and services, lessen burdens on interstate 
commerce and uphold constitutionally protected due proc-
ess rights; and 
(ii) therefore, liability reform is an appropriate use 
of the powers contained in article 1, section 8, clause 3 
of the United States Constitution, and the fourteenth 
amendment to the United States Constitution. 
(b) PURPOSE.—^The purpose of this Act is to promote the 
interests of socied service program beneficiaries and taxpayers and 
to sustain the availability of programs, nonprofit orgsmizations, 
and governmental entities that depend on volunteer contributions 
by reforming the laws to provide certain protections from liability 
abuses related to volunteers serving nonprofit organizations and 
governmental entities. 
SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABDLITY. 42 USC 14502. 
(a) PREEMPTION.—^This Act preempts the laws of any State 
to the extent that such laws are inconsistent with this Act, except 
that this Act shall not preempt any State law that provides addi-
tional protection from liability relating to volunteers or to any 
category of volunteers in the performance of services for a nonprofit 
organization or governmental entity. 
(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This 
Act shall not apply to any civil action in a State court against 
a volunteer in which all parties are citizens of the State if such 
State enacts a statute in accordance with State requirements for 
enacting legislation— 
(1) citing the authority of this subsection; 
(2) declaring the election of such State that this Act shall 
not apply, as of a date certain, to such civil action in the 
State; and 
(3) containing no other provisions. 
SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. 
(a) LIABILITY PROTECTION FOR VOLUNTEERS.—^Except as pro-
vided in subsections (b) and (d), no volunteer of a nonprofit orgsiniza-
tion or governmental entity shall be liable for harm caused by 
an act or omission of the volunteer on behalf of the organization 
or entity if— 
(1) the volunteer was acting within the scope of the volun-
teer's responsibilities in the nonprofit organization or govern-
mental entity at the time of the act or omission; 
(2) if appropriate or required, the volunteer was properly 
licensed, certified, or authorized by the appropriate authorities 
for the activities or practice in the State in which the harm 
occurred, where the activities were or practice was undertaken 
42 USC 14503. 
Ill STAT. 220 
PUBLIC LAW 105-19-^IUNE 18, 1997 
within the scope of the volunteer's responsibilities in the non-
profit organization or governmental entity; 
(3) the harm was not caused by willful or criminal mis-
conduct, gross negligence, reckless misconduct, or a conscious, 
flagTEint indifference to the rights or safety of the individual 
harmed by the volunteer; and 
(4) the harm was not caused by the volunteer operating 
a motor vehicle, vessel, aircraft, or other vehicle for which 
the State requires the operator or the owner of the vehicle, 
craft, or vessel to— 
(A) possess an operator's license; or 
(B) maintain insurance. 
(b) CONCERNING RESPONSIBILITY OF VOLUNTEERS TO ORGANIZA-
TIONS AND ENTITIES.—^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 organiza-
tion or entity. 
(c) No EFFECT ON LIABILITY OF ORGANIZATION OR ENTITY.— 
Nothing in this section shall be construed to affect the liability 
of any nonprofit organization or governmental entity with respect 
to harm caused to any person. 
(d) EXCEPTIONS TO VOLUNTEER LIABILITY PROTECTION.—If the 
laws of a State limit volunteer liability subject to one or more 
of the following conditions, such conditions shall not be construed 
as inconsistent with this section: 
(1) A State law that requires a nonprofit organization or 
governmental entity to adhere to risk management procedures, 
including mandatory training of volunteers. 
(2) A State law that makes the organization or entity 
liable for the acts or omissions of its volunteers to the same 
extent as an employer is liable for the acts or omissions of 
its employees. 
(3) A State law that makes a limitation of liability inap-
plicable if the civil action was brought by an officer of a State 
or local government pursuant to State or local law. 
(4) A State law that makes a limitation of liability 
applicable only if the nonprofit organization or governmental 
entity provides a financially secure source of recovery for 
individuals who suffer harm as a result of actions taken by 
a volunteer on behalf of the organization or entity. A financially 
secure source of recovery may be an insurance policy within 
specified limits, comparable coverage from a risk pooling mecha-
nism, equivalent assets, or alternative arrangements that sat-
isfy the State that the organization or entity will be able 
to pay for losses up to a specified amount. Separate standards 
for different tjrpes of liability exposure may be specified. 
(e) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS 
OF VOLUNTEERS.— 
(1) GENERAL RULE.—^Punitive damages may not be awarded 
against a volunteer in an action brought for harm based on 
the action of a volunteer acting within the scope of the volun-
teer's responsibilities to a nonprofit organization or govern-
mental entity unless the claimant establishes by clear and 
convincing evidence that the harm was proximately caused 
by an action of such volunteer which constitutes willful or 
criminal misconduct, or a conscious, flagrant indifference to 
the rights or safety of the individual harmed. 
PUBLIC LAW 105-19-^JUNE 18, 1997 
111 STAT. 221 
(2) CONSTRUCTION.—Paragraph (1) does not create a cause 
of action for punitive damages and does not preempt or super-
sede any Federal or State law to the extent that such law 
would further limit the award of punitive damages, 
(f) EXCEPTIONS TO LIMITATIONS ON LIABILITY.— 
(1) IN GENERAL.—^The limitations on the liability of a volun-
teer under this Act shall not apply to any misconduct that— 
(A) constitutes a crime of violence (as that term is 
defined in section 16 of title 18, United States Code) or 
act of international terrorism (as that term is defined in 
section 2331 of title 18) for which the defendant has been 
convicted in any court; 
(B) constitutes a hate crime (as that term is used 
in the Hate Crime Statistics Act (28 U.S.C. 534 note)); 
(C) involves a sexual offense, as defined by applicable 
State law, for which the defendant has been convicted 
in any court; 
"^ 
(D) involves misconduct for which the defendant has 
been found to have violated a Federal or State civil rights 
law; or 
(E) where the defendant was under the influence (as 
determined pursuant to applicable State law) of intoxicat-
ing alcohol or any drug at the time of the misconduct. 
(2) RULE OF^ CONSTRUCTION.—^Nothing in this subsection 
shall be construed to effect subsection (a)(3) or (e). 
SEC. 5. LIABILITY FOR NONECONOMIC LOSS. 
(a) GENERAL RULE.—In any civil action against a volunteer, 
based on an action of a volunteer acting within the scope of the 
volunteer's responsibilities to a nonprofit organization or govern-
mental entity, the liability of the volunteer for noneconomic loss 
shall be determined in accordance with subsection (b). 
(b) AMOUNT OF LIABILITY.— 
(1) IN GENERAL.—Each defendant who is a volunteer, shall 
be liable only for the amount of noneconomic loss allocated 
to that defendant in direct proportion to the percentage of 
responsibility of that defendant (determined in accordance with 
paragraph (2)) for the harm to the claimant with respect to 
which that defendant is liable. The court shall render a separate 
judgment against each defendant in an amount determined 
pursuant to the preceding sentence. 
(2) PERCENTAGE OF RESPONSIBILITY.—For purposes of deter-
mining the amount of noneconomic loss allocated to a defendant 
who is a volunteer under this section, the trier of fact shall 
determine the percentage of responsibility of that defendant 
for the claimant's harm. 
SEC. 6. DEFINITIONS. 
For purposes of this Act: 
(1) ECONOMIC LOSS.—The term "economic loss" means any 
pecuniary loss resulting from harm (including the loss of earn-
ings or other benefits related to emplo3rment, medical expense 
loss, replacement services loss, loss due to death, burial costs, 
and loss of business or emplo3anent opportunities) to the extent 
recovery for such loss is allowed under applicable State law. 
(2) HARM.—^The term "harm" includes physical, nonphys-
ical, economic, and noneconomic losses. 
42 use 14504. 
42 use 14505. 
I l l STAT. 222 
PUBLIC LAW 105-19-^TUNE 18, 1997 
(3) NONECONOMIC LOSSES.—^The term "noneconomic losses" 
means losses for physical and emotional pain, 
suffering, 
inconvenience, physical impairment, mental anguish, disfigure-
ment, loss of enjoyment of life, loss of society and companion-
ship, loss of consortium (other than loss of domestic service), 
hedonic damages, injury to reputation and all other nonpecu-
niary losses of any kind or nature. 
(4) 
NONPROFIT 
ORGANIZATION.—The term "nonprofit 
organization" means— 
(A) any organization 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 and which 
does not practice any action which constitutes a hate crime 
referred to in subsection (b)(1) of the first section of the 
Hate Crime Statistics Act (28 U.S.C. 534 note); or 
(B) any not-for-profit organization which is organized 
and conducted for public benefit and operated primarily 
for charitable, civic, educational, religious, welfare, or 
health purposes and which does not practice any action 
which constitutes a hate crime referred to in subsection 
(b)(1) of the first section of the Hate Crime Statistics Act 
(28 U.S.C. 534 note). 
(5) STATE.—^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. 
(6) VOLUNTEER.—^The term "volunteer" means an individual 
performing services for a nonprofit organization or a govern-
mental entity who does not receive— 
(A) compensation (other than reasonable reimburse-
ment or allowance for expenses actually incurred); or 
(B) any other thing of value in lieu of compensation, 
in excess of $500 per year, and such term includes a volunteer 
serving as a director, officer, trustee, or direct service volunteer. 
PUBLIC LAW 1 0 5 - 1 9 ^ J U N E 18, 1997 
111 STAT. 223 
SEC. 7. EFFECTIVE DATE. 
(a) IN GENERAL.—This Act shall take effect 90 days after the 
date of enactment of this Act. 
(b) APPLICATION.—This Act applies to any claim for harm 
caused by an act or omission of a volunteer where that claim 
is filed on or after the effective date of this Act but only if the 
harm that is the subject of the claim or the conduct that caused 
such harm occurred after such effective date. 
Approved June 18, 1997. 
LEGISLATIVE HISTORY—S. 543 (H.R. 911): 
HOUSE REPORTS: No. 105-101, Pt. 1 (Comm. on the Judiciary) accompanying 
H.R. 911. 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
May 1, considered and passed Senate. 
May 21, considered and passed House, amended, in lieu of H.R. 911. Senate 
concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
June 19, Presidential statement.