[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3503 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3503

 To indemnify contractors for World Trade Center recovery efforts, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2001

 Mr. Sweeney introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To indemnify contractors for World Trade Center recovery efforts, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``World Trade Center Worker and 
Contractor Protection Act of 2001''.

SEC. 2. INDEMNIFICATION OF CONTRACTORS FOR WORLD TRADE CENTER RECOVERY 
              EFFORTS.

    (a) In General.--Regardless of any other provisions of law or any 
contract, including the law of any State, the United States Government 
shall, subject to the limitations contained in this section, indemnify 
contractors and State and local governments against the following:
            (1) Claims (including reasonable expenses of litigation or 
        settlement) (including employees of the contractor) for death, 
        personal injury, or loss of, damage to, or loss of use of 
        property.
            (2) Loss of, damage to, or loss of use of contractor 
        property, excluding loss of profit.
            (3) Loss of, damage to, or loss of use of United States 
        Government property or property of any State or local 
        government, excluding loss of profit.
            (4) Professional liability.
    (b) Coordination With Insurance.--The indemnification under 
subsection (a) shall apply only to the extent that the claim, loss, or 
damage is not compensated for by insurance procured by a State or local 
government.
    (c) Limitation in Case of Willful Misconduct or Lack of Good 
Faith.--When any claim, loss or damage is caused by willful misconduct 
or lack of good faith on the party of any of the contractor's principal 
officials, the contractor shall not be indemnified under this section 
for the following:
            (1) Government claims against the contractor (other than 
        those arising through subrogation).
            (2) Loss or damage affecting the contractor's property.
    (d) Rights and Obligations of Parties.--The rights and obligations 
of the parties under this section shall survive any termination, 
expiration, or completion of a contract.
    (e) Procedure.--In order to obtain any indemnification under this 
section, the State or local government or the contractor shall--
            (1) promptly notify the Attorney General of any claim or 
        action against, or any loss by, the State or local government 
        or the contractor that may reasonably be expected to involve 
        indemnification under this section;
            (2) immediately, upon request, furnish to the United States 
        Government copies of all pertinent papers the State or local 
        government or the contractor receives;
            (3) upon request, furnish evidence or proof of any claim, 
        loss, or damage covered by this section in the manner and form 
        the United States Government requires; and
            (4) comply with the United States Government's directions 
        and execute any authorizations required in connection with 
        settlement or defense of claims or actions.
    (f) Government Participation in Actions on Claims.--The United 
States Government may direct, control, or assist in settling or 
defending any claim or action that may involve indemnification under 
this section.
    (g) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Response to the world trade center attack.--The term 
        ``response to the World Trade Center attack'' means all actions 
        or omissions by a State or local government, contractor, or 
        volunteer in response to, in connection with, or arising out of 
        the attack on September 11, 2001, in New York City, New York, 
        including any rescue and evacuation of any individual, any 
        recovery of a body, any clean up effort, any remediation, any 
        removal of debris, and the protection of the public health, 
        safety, and welfare.
            (2) Contractor.--The term ``contractor'' means any person 
        or entity, including contractors, subcontractors at any tier, 
        construction managers, and design professionals, including 
        their parent companies and other affiliates, officers, 
        directors, partners, or employees, involved in providing work, 
        labor, equipment, materials or services in connection with any 
        effort in response to the World Trade Center attack.
            (3) Contractor's principal officials.--The term 
        ``contractor's principal officials'' means directors, officers, 
        managers, superintendents, or other representatives supervising 
        or directing--
                    (A) all or substantially all of the contractor's 
                business;
                    (B) all or substantially all of the contractor's 
                operations at any one plant or separate location in 
                which this contract is being performed; or
                    (C) a separate and complete major industrial 
                operation in connection with the performance of this 
                contract.
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