[Congressional Record Volume 150, Number 108 (Monday, September 13, 2004)]
[Senate]
[Pages S9132-S9133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM:
  S. 2793. 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. Mr. President, I rise today to introduce the ``Good 
Samaritan Volunteer Firefighter Assistance Act of 2004.'' On September 
11, 2001, 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 this legislation 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.''

[[Page S9133]]

  The ``Good Samaritan Volunteer Firefighter Assistance Act of 2004'' 
is modeled after a bill passed by the Texas State legislature in 1997 
and signed into law by then-Governor George W. Bush which has resulted 
in more than $6 million in additional equipment donations from 
companies and other fire departments for volunteer departments which 
may not be as well equipped. 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. 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. in the 107th Congress, 
Representative Castle introduced the Good Samaritan Volunteer 
Firefighter Assistance Act which had 104 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 bill has been reintroduced as H.R. 1787 in 
the 108th Congress.
  This bill does not cost taxpayer dollars nor does it create 
additional bureaucracies to inspect equipment. The bill eliminates 
unnecessary inspection bureaucracies. 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 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 late 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 in the 107th 
Congress as part of H.R. 7, the Community Solutions Act, in July of 
2001, but was not signed into law.
  Volunteers comprise approximately 73 percent of firefighters in the 
United States. Of the total estimated 1,078,300 firefighters across the 
country, 784,700 are volunteer. Of the more than 30,000 fire 
departments in the country, approximately 22,600 are all volunteer; 
4,800 are mostly volunteer; 1,600 are mostly career; and 2,000 are all 
career. In 2000, 58 of the 103 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 other states. 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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