[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1145 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1145

 To provide construction, architectural, and engineering entities 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

                             March 17, 2011

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

_______________________________________________________________________

                                 A BILL


 
 To provide construction, architectural, and engineering entities 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, Architectural, and Engineering Volunteers Act''.

SEC. 2. FINDINGS.

    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.

SEC. 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) Liability Protection.--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) 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 ``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) 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.
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