[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1125 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1125

 To reform liability for certain charitable contributions and services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2005

 Mr. Santorum introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To reform liability for certain charitable contributions and services.

    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 ``Expanding Charitable and Volunteer 
Opportunities Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Aircraft.--The term ``aircraft'' has the meaning 
        provided that term in section 40102(6) of title 49, United 
        States Code.
            (2) Business entity.--The term ``business entity'' means a 
        firm, corporation, association, partnership, consortium, joint 
        venture, or other form of enterprise.
            (3) Equipment.--The term ``Equipment'' includes mechanical 
        equipment, electronic equipment, and office equipment.
            (4) Facility.--The term ``facility'' means any real 
        property, including any building, improvement, or appurtenance.
            (5) Fire control or fire rescue equipment.--The term ``fire 
        control or fire rescue equipment'' includes any fire vehicle, 
        fire fighting tool, communications equipment, protective gear, 
        fire hose, or breathing apparatus.
            (6) Gross negligence.--The term ``gross negligence'' means 
        voluntary and conscious conduct by a person with knowledge (at 
        the time of the conduct) that the conduct is likely to be 
        harmful to the health or well-being of another person.
            (7) Intentional misconduct.--The term ``intentional 
        misconduct'' means conduct by a person with knowledge (at the 
        time of the conduct) that the conduct is harmful to the health 
        or well-being of another person.
            (8) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning provided that term in section 30102(6) of title 49, 
        United States Code.
            (9) Nonprofit organization.--The term ``nonprofit 
        organization'' means--
                    (A) 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; or
                    (B) any not-for-profit organization organized and 
                conducted for public benefit and operated primarily for 
                charitable, civic, educational, religious, welfare, or 
                health purposes.
            (10) Person.--The term ``person'' includes any governmental 
        or other entity.
            (11) 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 
        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.
            (12) 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 
        Commonwealth of the Northern Mariana Islands, any other 
        territory or possession of the United States, or any political 
        subdivision of any such State, territory, or possession.

SEC. 3. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND CORPORATE 
              CONTRIBUTIONS.

    (a) In General.--
            (1) Liability of business entities that donate equipment to 
        nonprofit organizations.--
                    (A) In general.--Subject to subsection (b), a 
                business entity shall not be subject to civil liability 
                relating to any injury or death that results from the 
                use of equipment donated by such business entity to a 
                nonprofit organization.
                    (B) Application.--This paragraph shall apply with 
                respect to civil liability under Federal and State law.
            (2) Liability of business entities providing use of 
        facilities to nonprofit organizations.--
                    (A) In general.--Subject to subsection (b), a 
                business entity shall not be subject to civil liability 
                relating to any injury or death occurring at a facility 
                of the business entity in connection with a use of such 
                facility by a nonprofit organization, if--
                            (i) the use occurs outside of the scope of 
                        business of the business entity;
                            (ii) such injury or death occurs during a 
                        period that such facility is used by the 
                        nonprofit organization; and
                            (iii) the business entity authorized the 
                        use of such facility by the nonprofit 
                        organization.
                    (B) Application.--This paragraph shall apply--
                            (i) with respect to civil liability under 
                        Federal and State law; and
                            (ii) regardless of whether a nonprofit 
                        organization pays for the use of a facility.
            (3) Liability of business entities providing use of a motor 
        vehicle or aircraft.--
                    (A) In general.--Subject to subsection (b), a 
                business entity shall not be subject to civil liability 
                relating to any injury or death occurring as a result 
                of the operation of an aircraft or a motor vehicle of 
                the business entity loaned to a nonprofit organization 
                for use outside of the scope of business of the 
                business entity, if--
                            (i) such injury or death occurs during a 
                        period that such motor vehicle or aircraft is 
                        used by a nonprofit organization; and
                            (ii) the business entity authorized the use 
                        by the nonprofit organization of motor vehicle 
                        or aircraft that resulted in the injury or 
                        death.
                    (B) Application.--This paragraph shall apply--
                            (i) with respect to civil liability under 
                        Federal and State law; and
                            (ii) regardless of whether a nonprofit 
                        organization pays for the use of the aircraft 
                        or motor vehicle.
    (b) Exceptions.--Subsection (a) shall not apply to an injury or 
death that results from an act or omission of a business entity that 
constitutes gross negligence or intentional misconduct.
    (c) Superseding Provision.--
            (1) In general.--Subject to paragraph (2) and subsection 
        (d), this section preempts the laws of any State to the extent 
        that such laws are inconsistent with this section, except that 
        this section shall not preempt any State law that provides 
        additional protection for a business entity for an injury or 
        death described in a paragraph of subsection (a) with respect 
        to which the conditions specified in such paragraph apply.
            (2) Limitation.--Nothing in this section shall be construed 
        to supersede any Federal or State health or safety law.
    (d) Election of State Regarding Nonapplicability.--A provision of 
this section shall not apply to any civil action in a State court 
against a business entity in which all parties are citizens of the 
State if such State enacts a statute--
            (1) citing the authority of this section;
            (2) declaring the election of such State that such 
        provision shall not apply to such civil action in the State; 
        and
            (3) containing no other provisions.
    (e) Effective Date.--This section shall apply to liability for 
injury or death caused by equipment donated, facilities used, or 
aircraft or motor vehicles loaned on or after the date of the enactment 
of this Act.

SEC. 4. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE 
              DONATION OF FIRE EQUIPMENT 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 damage or loss, or death 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 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 section preempts the laws of any State to the 
extent that such laws are inconsistent with this section, except that 
notwithstanding subsection (b) this section shall not preempt any State 
law that provides additional protection from liability for a person who 
donates fire control or fire rescue equipment to a volunteer fire 
company.
    (d) Effective Date.--This section shall apply to liability for 
injury, damage, loss, or death caused by fire control or fire rescue 
equipment donated on or after the date of the enactment of this Act.

SEC. 5. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY 
              PROTECTIONS FOR VOLUNTEER PRACTITIONERS.

    (a) Liability Protection.--Section 224 of the Public Health Service 
Act (42 U.S.C. 233) is amended--
            (1) in subsection (g)(1)(A)--
                    (A) in the first sentence, by striking ``or 
                employee'' and inserting ``employee, or (subject to 
                subsection (k)(4)) volunteer practitioner''; and
                    (B) in the second sentence, by inserting ``and 
                subsection (k)(4)'' after ``subject to paragraph (5)''; 
                and
            (2) in each of subsections (g), (i), (j), (k), (l), and 
        (m), by striking ``employee, or contractor'' each place such 
        term appears and inserting ``employee, volunteer practitioner, 
        or contractor''.
    (b) Applicability; Definition.--Section 224(k) of the Public Health 
Service Act (42 U.S.C. 233(k)) is amended by adding at the end the 
following paragraph:
    ``(4)(A) Subsections (g) through (m) apply with respect to 
volunteer practitioners beginning with the first fiscal year for which 
an appropriations Act provides that amounts in the fund under paragraph 
(2) are available with respect to such practitioners.
    ``(B) For purposes of subsections (g) through (m), the term 
`volunteer practitioner' means a practitioner who, with respect to an 
entity described in subsection (g)(4), meets the following conditions:
            ``(i) The practitioner is a licensed physician or a 
        licensed clinical psychologist.
            ``(ii) At the request of such entity, the practitioner 
        provides services to patients of the entity, at a site at which 
        the entity operates or at a site designated by the entity. The 
        weekly number of hours of services provided to the patients by 
        the practitioner is not a factor with respect to meeting 
        conditions under this subparagraph.
            ``(iii) The practitioner does not for the provision of such 
        services receive any compensation from such patients, from the 
        entity, or from third-party payors (including reimbursement 
        under any insurance policy or health plan, or under any Federal 
        or State health benefits program).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
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