[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Extensions of Remarks]
[Page E1627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SUPPORT OF THE GOOD SAMARITAN VOLUNTEER FIREFIGHTER ASSISTANCE ACT

                                 ______
                                 

                           HON. RUSH D. HOLT

                             of new jersey

                    in the house of representatives

                      Tuesday, September 14, 2004

  Mr. HOLT. Mr. Speaker, I rise in support of the Good Samaritan 
Volunteer Firefighter Assistance Act (H.R. 1787).
  First, this bill would prohibit civil lawsuits from being brought 
against a person who donates fire-control or fire-rescue equipment to a 
volunteer fire company, under state or federal law, for personal, 
property damages or loss, or death caused by the equipment subsequent 
to the donation. But this prohibition against lawsuits would not apply 
in cases where the donor's actions constitute gross negligence, 
intentional misconduct, or where the person is the manufacturer of the 
fire-control or fire-rescue equipment.
  Second, the bill would preempt state laws to the extent that those 
laws are inconsistent with the bill. But it would not preempt state law 
that provides additional protection from liability for an individual 
who donates firefighting equipment.
  Finally, the bill would also require the U.S. Justice Department to 
review and report to Congress on donations of equipment made to 
volunteer firefighter companies in each state during the previous five-
year period. Such report would include an analysis of the most 
effective way to fund firefighter companies for each state, whether 
first-responder funding is sufficient, and the best method to make sure 
donated equipment to volunteer companies is in usable condition.
  This bill protects people, who out of the goodness of their own 
hearts, donate much-needed equipment to our brave firefighters who 
selflessly volunteer to defend our communities. We all know that there 
are many pressing and unmet needs among volunteer fire departments 
across the country. Yes, I was pleased to vote for the FY 2005 Homeland 
Security Appropriations Bill when it passed the House last June and it 
provides $32 billion to improve our nation's homeland security, 
including several billion for our firefighters and other first 
responders. We would like to have done more, but the dire fiscal 
condition of the federal budget precludes us from doing so.
  It makes common sense to me that we then make certain that these so-
called good Samaritans can make supplementary donations of equipment to 
help meet the needs of volunteer firefighters. This bill does that, 
while also safeguarding against shoddy donations that might jeopardize 
the lives of our volunteer firefighters and in our communities.

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