1.This Act may be cited as the
Expanding Charitable and Volunteer
Opportunities Act
.
2.In this Act:
(1)The
term aircraft has the meaning provided that term in section
40102(6) of title 49, United States Code.
(2)The term business entity means a firm,
corporation, association, partnership, consortium, joint venture, or other form
of enterprise.
(3)The
term Equipment includes mechanical equipment, electronic
equipment, and office equipment.
(4)The
term facility means any real property, including any building,
improvement, or appurtenance.
(5)Fire control or
fire rescue equipmentThe term fire control or fire rescue
equipment includes any fire vehicle, fire fighting tool, communications
equipment, protective gear, fire hose, or breathing apparatus.
(6)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)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)The term motor vehicle has the meaning
provided that term in section 30102(6) of title 49, United States Code.
(9)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)The
term person includes any governmental or other entity.
(11)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)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.
3.Charitable donations
liability reform for in-kind corporate contributions
(a)
(1)Liability of
business entities that donate equipment to nonprofit organizations
(A)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)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)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)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)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)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)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)
(1)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)Nothing
in this section shall be construed to supersede any Federal or State health or
safety law.
(d)Election of
State regarding nonapplicabilityA 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)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.
4.Removal of civil
liability barriers that discourage the donation of fire equipment to volunteer
fire companies
(a)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)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)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)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.
5.Health centers
under Public Health Service Act;
liability protections for volunteer practitioners
(a)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;
definitionSection 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)The amendments made by
this section shall take effect on the date of the enactment of this Act.