42 U.S.C. § 14501 — Findings and purpose

Page 8640 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14408 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Funding Re- striction Act of 1997, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of this title and Tables. The District of Columbia Home Rule Act, referred to in text, is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774. Title V of the Act was classified to the District of Columbia Code prior to repeal by Pub. L. 105–33, title XI, § 11601, Aug. 5, 1997, 111 Stat. 777. AMENDMENTS 1997—Pub. L. 105–33 substituted ‘‘District of Columbia Home Rule Act’’ for ‘‘District of Columbia Self-Govern- ment and Governmental Reorganization Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. § 14408. Relation to other laws The provisions of this chapter supersede other Federal laws (including laws enacted after April 30, 1997) except to the extent such laws specifi- cally supersede the provisions of this chapter. (Pub. L. 105–12, § 10, Apr. 30, 1997, 111 Stat. 29.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Funding Re- striction Act of 1997, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14401 of this title and Tables. CHAPTER 139—VOLUNTEER PROTECTION Sec. 14501. Findings and purpose. 14502. Preemption and election of State nonapplica- bility. 14503. Limitation on liability for volunteers. 14504. Liability for noneconomic loss. 14505. Definitions. § 14501. Findings and purpose (a) Findings The Congress finds and declares that— (1) the willingness of volunteers to offer their services is deterred by the potential for liability actions against them; (2) as a result, many nonprofit public and private organizations and governmental enti- ties, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely af- fected by the withdrawal of volunteers from boards of directors and service in other capac- ities; (3) the contribution of these programs to their communities is thereby diminished, re- sulting in fewer and higher cost programs than would be obtainable if volunteers were partici- pating; (4) because Federal funds are expended on useful and cost-effective social service pro- grams, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public- private partnerships, protection of vol- unteerism through clarification and limita- tion of the personal liability risks assumed by the volunteer in connection with such partici- pation is an appropriate subject for Federal legislation; (5) services and goods provided by volunteers and nonprofit organizations would often other- wise be provided by private entities that oper- ate in interstate commerce; (6) due to high liability costs and unwar- ranted litigation costs, volunteers and non- profit organizations face higher costs in pur- chasing insurance, through interstate insur- ance markets, to cover their activities; and (7) clarifying and limiting the liability risk assumed by volunteers is an appropriate sub- ject for Federal legislation because— (A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious law- suits; (B) the citizens of the United States de- pend on, and the Federal Government ex- pends funds on, and provides tax exemptions and other consideration to, numerous social programs that depend on the services of vol- unteers; (C) it is in the interest of the Federal Gov- ernment to encourage the continued oper- ation of volunteer service organizations and contributions of volunteers because the Fed- eral Government lacks the capacity to carry out all of the services provided by such orga- nizations and volunteers; and (D)(i) liability reform for volunteers, will promote the free flow of goods and services, lessen burdens on interstate commerce and uphold constitutionally protected due proc- ess rights; and (ii) therefore, liability reform is an appro- priate use of the powers contained in article 1, section 8, clause 3 of the United States Constitution, and the fourteenth amend- ment to the United States Constitution. (b) Purpose The purpose of this chapter is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and govern- mental entities that depend on volunteer con- tributions by reforming the laws to provide cer- tain protections from liability abuses related to volunteers serving nonprofit organizations and governmental entities. (Pub. L. 105–19, § 2, June 18, 1997, 111 Stat. 218.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–19, § 7, June 18, 1997, 111 Stat. 223, provided that: Page 8641 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14503 ‘‘(a) IN GENERAL.—This Act [enacting this chapter] shall take effect 90 days after the date of enactment of this Act [June 18, 1997]. ‘‘(b) APPLICATION.—This Act applies to any claim for harm caused by an act or omission of a volunteer where that claim is filed on or after the effective date of this Act but only if the harm that is the subject of the claim or the conduct that caused such harm occurred after such effective date.’’ SHORT TITLE Pub. L. 105–19, § 1, June 18, 1997, 111 Stat. 218, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Volunteer Protection Act of 1997’.’’ § 14502. Preemption and election of State non- applicability (a) Preemption This chapter preempts the laws of any State to the extent that such laws are inconsistent with this chapter, except that this chapter shall not preempt any State law that provides addi- tional protection from liability relating to vol- unteers or to any category of volunteers in the performance of services for a nonprofit organiza- tion or governmental entity. (b) Election of State regarding nonapplicability This chapter shall not apply to any civil ac- tion in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation— (1) citing the authority of this subsection; (2) declaring the election of such State that this chapter shall not apply, as of a date cer- tain, to such civil action in the State; and (3) containing no other provisions. (Pub. L. 105–19, § 3, June 18, 1997, 111 Stat. 219.) § 14503. Limitation on liability for volunteers (a) Liability protection for volunteers Except as provided in subsections (b), (c), and (e), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if— (1) the volunteer was acting within the scope of the volunteer’s responsibilities in the non- profit organization or governmental entity at the time of the act or omission; (2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activi- ties or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the volun- teer’s responsibilities in the nonprofit organi- zation or governmental entity; (3) the harm was not caused by willful or criminal misconduct, gross negligence, reck- less misconduct, or a conscious, flagrant indif- ference to the rights or safety of the indi- vidual harmed by the volunteer; and (4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to— (A) possess an operator’s license; or (B) maintain insurance. (b) Liability protection for pilots that fly for pub- lic benefit Except as provided in subsections (c) and (e), no volunteer of a volunteer pilot nonprofit orga- nization that arranges flights for public benefit shall be liable for harm caused by an act or omission of the volunteer on behalf of the orga- nization if, at the time of the act or omission, the volunteer— (1) was operating an aircraft in furtherance of the purpose of, and acting within the scope of the volunteer’s responsibilities on behalf of, the nonprofit organization to provide patient and medical transport (including medical transport for veterans), disaster relief, human- itarian assistance, or other similar charitable missions; (2) was properly licensed and insured for the operation of the aircraft; (3) was in compliance with all requirements of the Federal Aviation Administration for re- cent flight experience; and (4) did not cause the harm through willful or criminal misconduct, gross negligence, reck- less misconduct, or a conscious, flagrant indif- ference to the rights or safety of the indi- vidual harmed by the volunteer. (c) Concerning responsibility of volunteers to or- ganizations and entities Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (d) No effect on liability of organization or entity Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person. (e) Exceptions to volunteer liability protection If the laws of a State limit volunteer liability subject to one or more of the following condi- tions, such conditions shall not be construed as inconsistent with this section: (1) A State law that requires a nonprofit or- ganization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers. (2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its em- ployees. (3) A State law that makes a limitation of li- ability inapplicable if the civil action was brought by an officer of a State or local gov- ernment pursuant to State or local law. (4) A State law that makes a limitation of li- ability applicable only if the nonprofit organi- zation or governmental entity provides a fi- nancially secure source of recovery for indi- viduals who suffer harm as a result of actions taken by a volunteer on behalf of the organi- zation or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be