
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14503]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 139--VOLUNTEER PROTECTION
 
Sec. 14503. Limitation on liability for volunteers


(a) Liability protection for volunteers

    Except as provided in subsections (b) and (d) of this section, 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 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 in which the harm 
    occurred, where the activities were or practice was undertaken 
    within the scope of the volunteer's responsibilities in the 
    nonprofit organization or governmental entity;
        (3) the harm was not caused by willful or criminal misconduct, 
    gross negligence, reckless misconduct, or a conscious, flagrant 
    indifference to the rights or safety of the individual 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) Concerning responsibility of volunteers to organizations 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.

(c) 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.

(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 section:
        (1) A State law that requires a nonprofit organization 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 employees.
        (3) A State law that makes a limitation of liability 
    inapplicable if the civil action was brought by an officer of a 
    State or local government pursuant to State or local law.
        (4) A State law that makes a limitation of liability applicable 
    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 organization or entity 
    will be able to pay for losses up to a specified amount. Separate 
    standards for different types of liability exposure may be 
    specified.

(e) Limitation on punitive damages based on actions of volunteers

                          (1) General rule

        Punitive damages may not be awarded against a volunteer in an 
    action brought for harm based on the action of a volunteer acting 
    within the scope of the volunteer's responsibilities to a nonprofit 
    organization or governmental entity unless the claimant establishes 
    by clear and convincing evidence that the harm was proximately 
    caused by an action of such volunteer which constitutes willful or 
    criminal misconduct, or a conscious, flagrant indifference to the 
    rights or safety of the individual harmed.

                          (2) Construction

        Paragraph (1) does not create a cause of action for punitive 
    damages and does not preempt or supersede any Federal or State law 
    to the extent that such law would further limit the award of 
    punitive damages.

(f) Exceptions to limitations on liability

                           (1) In general

        The limitations on the liability of a volunteer under this 
    chapter shall not apply to any misconduct that--
            (A) constitutes a crime of violence (as that term is defined 
        in section 16 of title 18) or act of international terrorism (as 
        that term is defined in section 2331 of title 18) for which the 
        defendant has been convicted in any court;
            (B) constitutes a hate crime (as that term is used in the 
        Hate Crime Statistics Act (28 U.S.C. 534 note));
            (C) involves a sexual offense, as defined by applicable 
        State law, for which the defendant has been convicted in any 
        court;
            (D) involves misconduct for which the defendant has been 
        found to have violated a Federal or State civil rights law; or
            (E) where the defendant was under the influence (as 
        determined pursuant to applicable State law) of intoxicating 
        alcohol or any drug at the time of the misconduct.

                      (2) Rule of construction

        Nothing in this subsection shall be construed to effect 
    subsection (a)(3) or (e) of this section.

(Pub. L. 105-19, Sec. 4, June 18, 1997, 111 Stat. 219.)

                       References in Text

    The Hate Crime Statistics Act, referred to in subsec. (f)(1)(B), is 
Pub. L. 101-275, Apr. 23, 1990, 104 Stat. 140, which is set out as a 
note under section 534 of Title 28, Judiciary and Judicial Procedure.
