[Congressional Record Volume 149, Number 60 (Saturday, April 12, 2003)]
[Extensions of Remarks]
[Page E771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    THE GOOD SAMARITAN VOLUNTEER FIREFIGHTER ASSISTANCE ACT OF 2003

                                 ______
                                 

                         HON. MICHAEL N. CASTLE

                              of delaware

                    in the house of representatives

                         Friday, April 11, 2003

  Mr. CASTLE. Mr. Speaker, I rise today to introduce the ``Good 
Samaritan Volunteer Firefighter Assistance Act of 2003.'' This 
legislation removes a barrier which has prevented some organizations 
from donating surplus fire fighting equipment to needy fire 
departments. Under current law, the threat of civil liability has 
caused some organizations to destroy fire equipment, rather than 
donating it to volunteer, rural and other financially-strapped 
departments.
  We know that every day, across the United States, firefighters 
respond to calls for help. We are grateful that these brave men and 
women work to save our lives and protect our homes and businesses. We 
presume that these firefighters work in departments which have the 
latest and best firefighting and protective equipment. What we must 
recognize is that there are an estimated 30,000 firefighters who risk 
their lives daily due to a lack of basic Personal Protective Equipment 
(PPE). In both rural and urban fire departments, limited budgets make 
it difficult to purchase more than fuel and minimum maintenance. There 
is not enough money to buy new equipment. At the same time, certain 
industries are constantly improving and updating the fire protection 
equipment to take advantage of new, state-of-the-art innovation. 
Sometimes, the surplus equipment may be almost new or has never been 
used to put out a single fire. Sadly, the threat of civil liability 
causes many organizations to destroy, rather than donate, millions of 
dollars of quality fire equipment.
  Not only do volunteer fire departments provide an indispensable 
service, some estimates indicate that the nearly 800,000 volunteer 
firefighters nationwide save state and local governments $36.8 billion 
a year. While volunteering to fight fires, these same, selfless 
individuals are asked to raise funds to pay for new equipment. Bake 
sales, pot luck dinners, and raffles consume valuable time that could 
be better spent training to respond to emergencies. All this, while 
surplus equipment is being destroyed.
  In states that have removed liability barriers, such as Texas, fire 
companies have received millions of dollars in quality fire fighting 
equipment. The generosity and good will of private entities donating 
surplus fire equipment to volunteer fire companies are well received by 
the firefighters and the communities. The donated fire equipment will 
undergo a safety inspection by the fire company to make sure 
firefighters and the public are safe.
  We can help solve this problem. Congress can respond to the needs of 
fire companies by removing civil liability barriers. This bill 
accomplishes this by raising the current liability standard from 
negligence to gross negligence. I urge my colleagues to cosponsor this 
legislation and look forward to working with the Judiciary Committee to 
bring this bill to the House Floor.

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