[Congressional Record Volume 147, Number 134 (Tuesday, October 9, 2001)]
[Senate]
[Page S10392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM:
  S. 1516. A bill to remove civil liability barriers that discourage 
the donation of fire equipment to volunteer fire companies; to the 
Committee on the Judiciary.
  Mr. SANTORUM. Madam President, I rise today to introduce the Good 
Samaritan Volunteer Firefighter Assistance Act of 2001. On September 
11, the Nation witnessed the tragic loss of hundreds of heroic 
firefighters. Amazingly, every year quality firefighting equipment 
worth millions of dollars is wasted. In order to avoid civil liability 
lawsuits, heavy industry and wealthier fire departments destroy surplus 
equipment, including hoses, fire trucks, protective gear and breathing 
apparatus, instead of donating it to volunteer fire departments. The 
basic purpose of the bill is to induce donations of surplus 
firefighting equipment by reducing the threat of civil liability for 
organizations, most commonly heavy industry, and individuals who wish 
to make these donations. The bill eliminates civil liability barriers 
to donations of surplus firefighting equipment by raising the liability 
standard for donors from ``negligence'' to ``gross negligence.''
  The legislation is modeled after legislation passed into law in Texas 
in 1997 which has resulted in an additional $6 million of equipment 
donations from companies and other fire departments for volunteer 
departments which may not be as well equipped. Representative Castle 
has introduced the Good Samaritan Volunteer Firefighter Assistance Act, 
H.R. 1919, which has 63 bipartisan cosponsors in the House of 
Representatives. It is also supported by the National Volunteer Fire 
Council, the Firemen's Association of the State of New York, and a 
former director of the Federal Emergency Management Agency, FEMA, James 
Lee Witt.
  The Good Samaritan Volunteer Firefighter Assistance Act of 2001 is 
modeled after a bill passed by the Texas state legislature in 1997 and 
signed into law by then-Governor George W. Bush. Now companies in Texas 
can donate surplus equipment to the Texas Forest Service, which then 
certifies the equipment and passes it on to volunteer fire departments 
that are in need. The donated equipment must meet all original 
specifications before it can be sent to volunteer departments. The 
Texas program has already received more then $6 million worth of 
equipment for volunteer fire departments. Arizona, Missouri, Indiana, 
and South Carolina have passed similar legislation at the State level. 
The legislation saves taxpayer dollars by encouraging donations thereby 
reducing the taxpayers' burden of purchasing expensive equipment for 
volunteer fire departments.
  This bill does not cost taxpayer dollars nor does it create 
additional bureaucracies to inspect equipment. The bill gets rid of 
unnecessary inspection bureaucracies, whether they are State run or a 
manufacturer's technician. This is for three reasons. First, 
bureaucracies are not necessary for inspections because the fire chiefs 
make the inspections themselves. Second, some of the State 
bureaucracies control who gets the equipment. These donations are 
private property transactions, not a good that is donated to the State, 
allowing the State to pick who will get the equipment. Third, there is 
no desire to create the temptation for waste, fraud, and abuse in a 
State bureaucracy in charge of picking the winners and losers.
  The bill reflects the purpose of the Texas state law. Federally, 
precedent for similar measures includes the Bill Emerson Good Samaritan 
Food Act, Public Law 104-210, named for the last Representative Bill 
Emerson, which encourages restaurants, hotels and businesses to donate 
millions of dollars worth of food. The Volunteer Protection Act of 
1997, Public Law 105-101, also immunizes individuals who do volunteer 
work for non-profit organizations or governmental entities from 
liability for ordinary negligence in the course of their volunteer 
work. I have also previously introduced three Good Samaritan measures 
in the 106th Congress, S. 843, S. 844 and S. 845. These provisions were 
also included in a broader charitable package in S. 997, the Charity 
Empowerment Act, to provide additional incentives for corporate in-kind 
charitable contributions for motor vehicle, aircraft, and facility use. 
The same provision passed the House of Representatives as part of H.R. 
7, the Community Solutions Act, in July of 2001.
  Volunteers comprise 74 percent of firefighters in the United States. 
Of the total estimated 1,082,500 volunteer and paid firefighters across 
the country, 804,200 are volunteer. Of the total 31,114 fire 
departments in the country, 22,636 are all volunteer; 4,848 are mostly 
volunteer; 1,602 are mostly career; and 2,028 are all career. In 1998, 
54 of the 91 firefighters who died in the line of duty were volunteers.
  This legislation provides a commonsense incentive for additional 
contributions to volunteer fire departments around the country and 
would make it more attractive for corporations to give equipment to 
fire departments in the other States. At this time when all of America 
has witnessed the heroic acts of selflessness and sacrifice of 
firefighters in New York City and in the Washington, D.C. area, I urge 
my colleagues to join me in supporting this incentive for the provision 
of additional safety equipment for volunteer firefighters who put their 
lives on the line every day throughout this great Nation.
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