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U.S. Code as of:
01/19/04
Section 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 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;
(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;
(5) services and goods provided by volunteers and nonprofit
organizations would often otherwise be provided by private
entities that operate in interstate commerce;
(6) due to high liability costs and unwarranted litigation
costs, volunteers and nonprofit organizations face higher costs
in purchasing insurance, through interstate insurance markets, to
cover their activities; and
(7) clarifying and limiting the liability risk assumed by
volunteers is an appropriate subject for Federal legislation
because -
(A) of the national scope of the problems created by the
legitimate fears of volunteers about frivolous, arbitrary, or
capricious lawsuits;
(B) the citizens of the United States depend on, and the
Federal Government expends funds on, and provides tax
exemptions and other consideration to, numerous social programs
that depend on the services of volunteers;
(C) it is in the interest of the Federal Government to
encourage the continued operation of volunteer service
organizations and contributions of volunteers because the
Federal Government lacks the capacity to carry out all of the
services provided by such organizations 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 process
rights; and
(ii) therefore, liability reform is an appropriate use of the
powers contained in article 1, section 8, clause 3 of the
United States Constitution, and the fourteenth amendment 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 governmental
entities that depend on volunteer contributions by reforming the
laws to provide certain protections from liability abuses related
to volunteers serving nonprofit organizations and governmental
entities.
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