[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3717 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3717

   To provide construction contractors with qualified immunity from 
  liability for negligence when providing services or equipment on a 
    volunteer basis in response to a declared emergency or disaster.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2005

   Mr. Reichert (for himself, Mr. Gary G. Miller of California, Mr. 
    Matheson, Mr. Daniel E. Lungren of California, and Mrs. Kelly) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide construction contractors with qualified immunity from 
  liability for negligence when providing services or equipment on a 
    volunteer basis in response to a declared emergency or disaster.

    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 ``Good Samaritan Protection for 
Construction Volunteers Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The construction industry provides a valuable service 
        in times of disasters and emergencies.
            (2) The construction industry answered the call on 
        September 11, 2001 and the days afterwards to assist in the 
        search, recovery, and cleanup efforts in New York City and 
        Arlington, Virginia.
            (3) The expertise and equipment brought forth for the 
        search and recovery efforts greatly advanced and improved the 
        efficiency of these efforts.
            (4) Such efforts by the construction industry make it safer 
        for police, firefighters, and other rescue workers to work on 
        search and recovery efforts.
            (5) The services provided by the construction industry 
        improve the safety of the public by the containment/mitigation 
        of conditions that threaten life and property.
            (6) Construction companies were faced with law suits as a 
        result of their voluntary efforts on behalf of their fellow 
        citizens in New York City.
            (7) Providing construction contractors qualified immunity 
        from liability when providing services in this type of 
        volunteer activity helps to ensure that such services will be 
        available in the future in times of need.

SEC. 3. PROVISION OF QUALIFIED IMMUNITY FROM LIABILITY FOR NEGLIGENCE 
              TO CONSTRUCTION ENTITIES WHEN PROVIDING SERVICES OR 
              EQUIPMENT ON A VOLUNTEER BASIS IN RESPONSE TO A DECLARED 
              EMERGENCY OR DISASTER.

    (a) Liability Protection.--When a construction entity provides 
emergency construction assistance on a voluntary basis, in good faith, 
and without expectation of compensation, and the entity or an employee 
of such entity negligently causes harm, the entity and the employee, if 
applicable, are not jointly, severally, or individually liable in 
damages for that harm. Nothing in this section shall be construed as 
providing immunity for gross negligence or willful misconduct.
    (b) Definitions.--In this section:
            (1) The term ``construction entity'' means a person, sole 
        proprietorship, partnership, limited liability company, or 
        corporation in the regular business of providing construction 
        assistance.
            (2) The term ``construction assistance'' means materials, 
        labor, equipment, or services for construction-related 
        activities, including construction, demolition, repair, clean-
        up, alteration, and remediation.
            (3) The term ``emergency construction assistance'' means 
        construction assistance provided--
                    (A) at the direction of a public official acting in 
                an official capacity; and
                    (B) in response to or arising out of a declared 
                Federal, State, or local emergency or disaster, whether 
                the assistance is provided before or after the formal 
                declaration of emergency or disaster.
    (c) Relationship to State Law.--
            (1) Preemption.--This section preempts the laws of any 
        State to the extent that such laws are inconsistent with this 
        section, except that it does not preclude a State from 
        providing a higher amount of protection from liability, or from 
        providing reimbursement for costs or expenses as authorized by 
        State or local law.
            (2) Workers compensation.--This section does not apply to 
        liability under workers compensation laws.
                                 <all>