[Congressional Record Volume 151, Number 42 (Tuesday, April 12, 2005)]
[Senate]
[Pages S3488-S3489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM:
  S. 766. 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 am introducing the ``Good Samaritan 
Volunteer Firefighter Assistance Act of 2005.'' 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.'' By doing this, the legislation saves taxpayer 
dollars by encouraging donations, thereby reducing the taxpayers' 
burden of purchasing expensive equipment for volunteer fire 
departments.
  The Good Samaritan Volunteer Firefighter Assistance Act of 2005 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 $10 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. Alabama, Arizona, Arkansas, 
California, Florida, Illinois, Indiana, Missouri, Nevada, South 
Carolina, and Pennsylvania have passed similar legislation at the State 
level.

[[Page S3489]]

  In the 108th Congress, Representative Castle introduced the Good 
Samaritan Volunteer Firefighter Assistance Act, which had 64 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 legislation passed overwhelmingly in 
the House by a vote of 397-3. The bill has been reintroduced as H.R. 
1088 in the 109th Congress and already has garnered 64 cosponsors. I 
introduced the Good Samaritan Volunteer Firefighter Assistance Act of 
2004 in the 108th Congress that also enjoyed support from the National 
Volunteer Fire Council.
  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 volunteers. 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, Northern Virginia, and Pennsylvania. 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.
                                 ______