1.This Act may be cited as the Good
Samaritan Protection for Construction, Architectural, and Engineering
Volunteers Act
.
2.The Congress finds the following:
(1)The construction, architectural, and
engineering industries provide a valuable service in times of disasters and
emergencies.
(2)The construction,
architectural, and engineering industries answered the call on September 11,
2001, and the days afterwards to assist in the search, recovery, and clean-up
efforts in New York City and Arlington, Virginia, as well as in the aftermath
of Hurricane Katrina.
(3)The expertise and
equipment brought forth for the search, recovery, and other efforts greatly
advanced and improved the efficiency of these efforts.
(4)Such efforts by
the construction, architectural, and engineering industries make it safer for
police, firefighters, and other rescue workers to work on search and recovery
efforts.
(5)The services
provided by the construction, architectural, and engineering industries improve
the safety of the public by the assessment, containment, and mitigation of
conditions that threaten life and property.
(6)Construction
companies and architectural and engineering entities were faced with lawsuits
as a result of their voluntary efforts on behalf of their fellow citizens in
New York City and the Gulf Coast.
(7)Providing
construction contractors and architectural and engineering entities 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.
3.Provision of
qualified immunity from liability for negligence to construction,
architectural, and engineering entities when providing services or equipment on
a volunteer basis in response to a declared emergency or disaster
(a)When a construction entity provides emergency
construction assistance, or an architectural or engineering entity provides
emergency architectural or engineering 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)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
architectural or engineering entity means a person, sole
proprietorship, partnership, limited liability company, or corporation in the
regular business of providing architectural or engineering assistance.
(3)The term construction
assistance means materials, labor, equipment, or services for
construction-related activities, including construction, demolition, repair,
clean-up, alteration, and remediation.
(4)The term
architectural or engineering assistance means professional
services of an architectural or engineering nature, as defined by State law, if
applicable, that are required to be performed or approved by a licensed
professional architect or engineer.
(5)The terms emergency construction
assistance and emergency architectural or engineering
assistance mean construction assistance and architectural or engineering
assistance, respectively, 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)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)This section does not apply to liability under
workers compensation laws.