[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3736 Referred in Senate (RFS)]


109th CONGRESS
  1st Session
                                H. R. 3736


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2005

                                Received

                           September 28, 2005

       Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
   To protect volunteers assisting the victims of Hurricane Katrina.

    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 ``Katrina Volunteer Protection Act of 
2005''.

SEC. 2. PROTECTION OF VOLUNTEERS.

    (a) Qualified Immunity From Suit.--Any person or entity (including 
any Indian Tribe) that, in response to harm caused by Hurricane Katrina 
of 2005, voluntarily, in good faith, and without a preexisting duty or 
expectation of compensation, renders aid (including medical treatment 
and rescue assistance) to any individual, shall not be liable for any 
injury (including personal injury, property damage or loss, and death) 
arising out of or resulting from that aid that was not caused by--
            (1) willful, wanton, reckless or criminal conduct of that 
        person or entity; or
            (2) conduct of that person or entity that constitutes a 
        violation of a Federal or State civil rights law.
    (b) Preemption.--This Act preempts the laws of a State to the 
extent such laws are inconsistent with this Act, except that this Act 
shall not preempt any State law
that provides additional protection from liability relating to 
volunteers.

            Passed the House of Representatives September 14, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Gerasimos C. Vans,

                                                          Deputy Clerk.