text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Volunteer Protection Act of 1995''.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--The Congress finds and declares that--
              (1) the willingness of volunteers to offer their services 
          is deterred by potential for liability actions against them and 
          the organizations they serve;
              (2) as a result, many nonprofit public and private 
          organizations and governmental entities, including voluntary 
          associations, social service agencies, educational 
          institutions, and other civic programs, have been adversely 
          affected by the withdrawal of volunteers from boards of 
          directors and service in other capacities;
              (3) the contribution of these programs to their communities 
          is thereby diminished, resulting in fewer and higher cost 
          programs than would be obtainable if volunteers were 
          participating; and
              (4) because Federal funds are expended on useful and cost-
          effective social service programs, many of which are national 
          in scope, depend heavily on volunteer participation, and 
          represent some of the most successful public-private 
          partnerships, protection of volunteerism through clarification 
          and limitation of the personal liability risks assumed by the 
          volunteer in connection with such participation is an 
          appropriate subject for Federal legislation.
      (b) Purpose.--The purpose of this Act is to promote the interests 
  of social service program beneficiaries and taxpayers and to sustain 
  the availability of programs, nonprofit organizations, and governmental 
  entities that depend on volunteer contributions by reforming the laws 
  to provide protection from personal financial liability to volunteers 
  serving nonprofit organizations and governmental entities for actions 
  undertaken in good faith on behalf of such organizations.
  
  SEC. 3. PREEMPTION.
  
      This Act preempts the laws of any State to the extent that such 
  laws are inconsistent with this Act, except that this Act shall not 
  preempt any State law that provides additional incentives or 
  protections to volunteers, or category of volunteers.
  
  SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.
  
      (a) Liability Protection for Volunteers.--Except as provided in 
  subsections (b) and (d), 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 his or her 
          responsibilities in the nonprofit 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 activities or practice in the State 
          undertaken within the scope of his or her responsibilities in 
          the nonprofit organization or governmental entity; and
              (3) the harm was not caused by willful and wanton 
          misconduct by the volunteer.
      (b) Concerning Responsibility of Volunteers With Respect to 
  Organizations.--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.
      (c) No Effect on Liability of Organization.--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.
      (d) Exceptions to Volunteer Liability Protection.--If the laws of a 
  State limit volunteer liability subject to one or more of the following 
  conditions, such conditions shall not be construed as inconsistent with 
  this Act:
              (1) A State law that requires the organization or 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 employees.
              (3) A State law that the limitation of liability does not 
          apply if the volunteer was operating a motor vehicle, vessel, 
          aircraft, or other vehicle for which the State requires the 
          operator or vehicle owner to possess an operator's license or 
          to maintain insurance.
              (4) A State law that the limitation of liability does not 
          apply if the civil action was brought by an officer of a State 
          or local government pursuant to State or local law.
              (5) A State law that the limitation of liability shall 
          apply only if the nonprofit organization or governmental entity 
          provides a financially secure source of recovery for 
          individuals who suffer harm as a result of actions taken by a 
          volunteer on behalf of the organization 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 entity will be 
          able to pay for losses up to a specified amount. Separate 
          standards for different types of liability exposure may be 
          specified.
  
  SEC. 5. DEFINITIONS.
  
      For purposes of this Act--
              (1) the term ``economic losses'' means objectively 
          verifiable monetary losses, including past and future medical 
          expenses, loss of past and future earnings, cost of obtaining 
          replacement services in the home (including child care, 
          transportation, food preparation, and household care), cost of 
          making reasonable accommodations to a personal residence, loss 
          of employment, and loss of business or employment 
          opportunities;
              (2) the term ``harm'' includes physical, nonphysical, 
          economic, and noneconomic losses;
              (3) the term ``noneconomic losses'' means losses for 
          physical and emotional pain, suffering, inconvenience, physical 
          impairment, mental anguish, disfigurement, loss of enjoyment of 
          life, loss of society and companionship, loss of consortium 
          (other than loss of domestic service), hedonic damages, injury 
          to reputation and all other nonpecuniary losses of any kind or 
          nature;
              (4) the term ``nonprofit organization'' means any 
          organization described in section 501(c) of the Internal 
          Revenue Code of 1986 and exempt from tax under section 501(a) 
          of such Code;
              (5) the term ``State'' means each of the several States, 
          the District of Columbia, the Commonwealth of Puerto Rico, the 
          Virgin Islands, Guam, American Samoa, the Northern Mariana 
          Islands, any other territory or possession of the United 
          States, or any political subdivision of any such State, 
          territory, or possession; and
              (6) the term ``volunteer'' means an individual performing 
          services for a nonprofit organization or a governmental entity 
          who does not receive--
                      (A) compensation (other than reimbursement or 
                  allowance for expenses actually incurred); or
                      (B) any other thing of value in lieu of 
                  compensation,
          in excess of $300 per year, and such term includes a volunteer 
          serving as a director, officer, trustee, or direct service 
          volunteer.
  
  SEC. 6. EFFECTIVE DATE.
  
      This Act applies to any claim for harm caused by an act or omission 
  of a volunteer filed on or after the date of enactment of this Act, 
  without regard to whether the harm that is the subject of the claim or 
  the conduct that caused the harm occurred before such date of 
  enactment.
target: Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity.  Sets forth exceptions and conditions that a State may impose on the granting of such immunity.
feat_title: Volunteer Protection Act of 1995