42 U.S.C. § 14505 — Definitions
submitted 29 years ago by Pub. L. 105-19 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 367 words · no verdicts yet
This section defines key terms used throughout this chapter on volunteer liability. It explains economic loss, harm, noneconomic loss, nonprofit organization, State, and volunteer. A "volunteer" is someone who serves without pay beyond $500 a year in expenses or benefits.
(1) Economic loss. Any money loss caused by harm — like lost wages or job benefits, medical bills, cost of replacement services, losses from a death, burial costs, or lost business or job opportunities — as far as the applicable state law lets someone recover it.
(2) Harm. Includes physical, nonphysical, economic, and noneconomic losses.
(3) Noneconomic losses. Non-money losses: physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium* (not counting lost domestic services), "hedonic damages" (loss of life's pleasures), injury to reputation, and any other nonmoney loss of any kind.
(4) Nonprofit organization. Either: (A) a group recognized under section 501(c)(3) of title 26 and tax-exempt under section 501(a), that does not commit any action counting as a hate crime under the Hate Crime Statistics Act; or (B) any other not-for-profit group organized and run for public benefit, primarily for charitable, civic, educational, religious, welfare, or health purposes, that likewise commits no such hate crime.
(5) State. 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 U.S. territory or possession, or any political subdivision of any such state, territory, or possession.
(6) Volunteer. An individual who performs services for a nonprofit organization or a governmental entity without receiving: (A) compensation, other than reasonable reimbursement or allowance for expenses actually incurred; or (B) any other thing of value in place of compensation, worth more than $500 a year. This term includes someone serving as a director*, officer, trustee, or direct-service volunteer.
For purposes of this chapter:
The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
The term “harm” includes physical, nonphysical, economic, and noneconomic losses.
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.
The term “nonprofit organization” means—
any organization which is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); 1 or
any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note).1
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.
The term “volunteer” means an individual performing services for a nonprofit organization or a governmental entity who does not receive—
compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or
any other thing of value in lieu of compensation,
in excess of $500 per year, and such term includes a volunteer serving as a director*, officer, trustee, or direct service volunteer.
Source credit: (Pub. L. 105–19, § 6, June 18, 1997, 111 Stat. 221.)
- 1997Enacted · Pub. L. 105-19 · 111 Stat. 221
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-19 on 1997-06-18.
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