[Congressional Record Volume 146, Number 102 (Wednesday, September 6, 2000)]
[Senate]
[Pages S8105-S8106]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ASHCROFT:
  S. 3006. A bill to remove civil liability barriers surrounding 
donating fire equipment to volunteer fire companies; to the Committee 
on the Judiciary.

[[Page S8106]]

        the good samaritan volunteer firefighter assistance act

 Mr. ASHCROFT. Mr. President, today I rise to introduce the 
Good Samaritan Volunteer Firefighter Assistance Act of 2000. This bill 
will assist our nation's volunteer firefighters, who daily risk their 
lives to protect our families, friends and neighbors. The legislation I 
am introducing will allow volunteer fire departments to accept much 
needed fire-fighting supplies from manufacturers and others by limiting 
the liability of companies and fire departments that donate certified 
surplus equipment.
  In the United States today, the local fire department is expected to 
be protector of life, property and environmental safety concerns. Many 
communities must rely on the capable and courageous men and women in 
the local volunteer fire department to protect lives and safety. In 
fact, 75 percent of firefighters in this country are volunteers. Most 
volunteer departments serve small, rural communities and are quite 
often the only fire fighting services available for these areas. 
Unfortunately, one of the largest problems faced by volunteer fire 
services is lack of sufficient resources. Too often, these departments 
are struggling to provide their members with adequate protective 
clothing, safety devices and training programs.
  In my home state of Missouri, there are approximately 450 fire 
departments throughout the state that have a budget of less than 
$15,000 per year. Many have budgets under $7,000/year and there are 
even some under $2,000/year. After paying insurance premiums, most 
departments do not even have $5,000 in their operating budgets. This is 
simply not enough money to purchase new and much needed fire-fighting 
equipment. In addition, the cost of fire and emergency medical 
apparatus and equipment has steadily increased over the past 20-30 
years. Because of this, volunteer firefighters spend a large amount of 
time raising money for new equipment; time that could be better spent 
providing training to respond to emergencies.
  Fire protection equipment is constantly improving and advancing with 
new state-of-the-art innovation. Because industry is constantly 
updating its fire protection, it is not unusual for plants and 
factories to accumulate surplus fire equipment that is slightly dated, 
but still effective, and most is almost new, or never used. Despite the 
excellent condition of most of these surplus items, company attorneys 
usually refuse to allow donations to fire departments, which 
desperately need this equipment. Companies routinely destroy surplus 
equipment to guarantee it will never be used by other firefighters. 
Pressure bottles for breathing apparatus are cut in half and the 
regulators buried. Protective fire coats are cut apart. Fire trucks are 
broken up and sold for scrap. All of this is done to prevent any 
liability from falling on corporate donors. Approximately $20 million 
per year in surplus equipment is scrapped, while a lot of rural 
departments go without the most basic supplies, such as protective 
clothing. Tragically, each year millions of dollars worth of fire 
equipment is destroyed instead of donated to these volunteer fire 
departments.
  Mr. President, it does not make sense that quality fire-fighting 
tools are destroyed because of fear of liability by those who wish to 
donate their unused equipment. According to some estimates, over 
800,000 volunteer firefighters nationwide save state and local 
governments $36.8 billion annually. We need to support the volunteer 
fire departments, and Congress should start by removing liability 
barriers that keep volunteer firefighters from receiving perfectly 
safe, donated equipment. Under this bill a person who donates qualified 
fire control or fire rescue equipment to a volunteer fire company will 
not be liable in civil damages in any State or Federal Court for 
personal injuries, property damage, or death proximately caused by a 
defect in the equipment. In order to protect firefighters from faulty 
donated equipment, this bill requires the equipment to be recertified 
as safe by an authorized technician. The bill does not protect those 
persons who act with malice, gross negligence, or recklessness in 
making the donation; nor does it protect the manufacturer of the 
donated equipment.
  Mr. President, this bill is supported by a number of firefighting 
organizations. In States that have removed liability barriers through 
legislation similar to this, volunteer fire companies have received 
millions of dollars in quality fire fighting equipment. For example, in 
1997, the Texas state legislature passed a bill that limited the 
liability of companies who donated surplus equipment to fire 
departments. Prior to passage of this bill, companies in Texas had 
refrained from donating their used equipment for fear of potential 
lawsuits. Now, companies donate their surplus equipment to the Texas 
Forest Service, which then certifies the equipment and passes it on to 
volunteer fire departments. The donated equipment must meet all 
original specifications before it can be sent to volunteer departments. 
The program has already received in excess of six million dollars worth 
of equipment for volunteer fire departments.
  Companion legislation has been introduced in the House of 
Representatives by Congressman Castle. I urge my Senate colleagues to 
join me in ending the wasteful destruction of useful fire equipment, 
saving taxpayer funds, and better equipping our volunteer firefighters 
to save lives. I am proud to introduce this bill and look forward to 
working to ensure that the federal government increases its commitment 
to the men and women who make up our local volunteer fire 
departments.
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