text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Volunteer Protection Act of 1993''.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--The Congress finds and declares that--
              (1) within certain States, the willingness of volunteers to 
          offer their services has been increasingly deterred by a 
          perception that they thereby put personal assets at risk in the 
          event of liability actions against the organization they serve;
              (2) as a result of this perception, many nonprofit public 
          and private organizations and governmental entities, including 
          voluntary associations, social service agencies, educational 
          institutions, local governments, foundations, and other civic 
          programs, have been adversely affected through 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 which depend heavily on 
          volunteer participation, protection of voluntarism through 
          clarification and limitation of the personal liability risks 
          assumed by the volunteer in connection with such participation 
          is an appropriate subject for Federal encouragement of State 
          reform.
      (b) Purpose.--It is the purpose of this Act to--
              (1) promote the interests of social service program 
          beneficiaries and taxpayers; and
              (2) sustain the availability of programs and nonprofit 
          organizations and governmental entities which depend on 
          volunteer contributions
  by encouraging reasonable reform of State laws to provide protection 
  from personal financial liability to volunteers serving with nonprofit 
  organizations and governmental entities for actions undertaken in good 
  faith on behalf of such organizations.
  
  SEC. 3. NO PREEMPTION OF STATE TORT LAW.
  
      Nothing in this Act shall be construed to preempt the laws of any 
  State governing tort liability actions.
  
  SEC. 4. STATE STATUTES PROVIDING FOR LIMITATIONS ON LIABILITY FOR 
                VOLUNTEERS.
  
      An allotment may be increased for a State under the provisions of 
  section 5, if the State statute referred to under subsection (a) of 
  such section includes the following provisions:
              (1) Except as provided in paragraphs (2) and (4), any 
          volunteer of a nonprofit organization or governmental entity 
          shall incur no personal financial liability for any tort claim 
          alleging damage or injury from any act or omission of the 
          volunteer on behalf of the organization or entity if--
                      (A) such individual was acting in good faith and 
                  within the scope of such individual's official 
                  functions and duties with the organization or entity; 
                  and
                      (B) such damage or injury was not caused by willful 
                  and wanton misconduct by such individual.
              (2) 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.
              (3) Nothing in this section shall be construed to affect 
          the liability of any nonprofit organization or governmental 
          entity with respect to injury caused to any person.
              (4) The following conditions on, and exceptions to, the 
          granting of liability may be imposed for protection to any 
          volunteer of an organization or entity required under paragraph 
          (1):
                      (A) The organization or entity shall adhere to risk 
                  management procedures, including mandatory training of 
                  volunteers.
                      (B) The organization or entity shall be liable for 
                  the acts or omissions of its volunteers to the same 
                  extent as an employer is liable, under the laws of the 
                  State, for the acts or omissions of its employees.
                      (C) The protection from liability shall not apply 
                  if the volunteer was operating a motor vehicle or was 
                  operating a vessel, aircraft, or other vehicle for 
                  which a pilot's license is required.
                      (D) The protection from liability shall not apply 
                  in the case of a suit brought by an appropriate officer 
                  of a State or local government to enforce a Federal, 
                  State, or local law.
                      (E) The protection from liability shall apply only 
                  if the organization or entity provides a financially 
                  secure source of recovery for individuals who suffer 
                  injury 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. CERTIFICATION REQUIREMENT AND ADJUSTMENT OF SOCIAL SERVICES 
                BLOCK GRANT ALLOTMENTS.
  
      (a) Certification and Block Grant Allotments.--In the case of any 
  State which certifies, not later than 2 years after the date of the 
  enactment of this Act, to the Secretary of Health and Human Services 
  that it has enacted, adopted, or otherwise has in effect State law 
  which substantially complies with section 4, the Secretary shall 
  increase by 1 percent the fiscal year allotment which would otherwise 
  be made to such State to carry out the Social Services Block Grant 
  Program under title XX of the Social Security Act.
      (b) Continuation of Increase.--Any increase made under subsection 
  (a) in an allotment to a State shall remain in effect only if the State 
  makes a certification to the Secretary of Health and Human Services, 
  not later than the end of each 1-year period occurring successively 
  after the end of the 2-year period described in subsection (a), that it 
  has in effect State law which substantially complies with section 4(a).
  
  SEC. 6. DEFINITIONS.
  
      For purposes of this Act--
              (1) the term ``volunteer'' means an individual performing 
          services for a nonprofit organization or a governmental entity 
          who does not receive compensation, or any other thing of value 
          in lieu of compensation, for such services (other than 
          reimbursement for expenses actually incurred or honoraria not 
          to exceed $300 per year for government service), and such term 
          includes a volunteer serving as a director, officer, trustee, 
          or direct service volunteer;
              (2) 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;
              (3) the term ``damage or injury'' includes physical, 
          nonphysical, economic, and noneconomic damage; and
              (4) 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.
target: Volunteer Protection Act of 1993 - 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.  Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity.  Provides for the continuation of such increase based on an annual recertification.
feat_title: Volunteer Protection Act of 1993