I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Good Samaritan Pro5 tection for Construction, Architectural, and Engineering 

6 Volunteers Act’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) The construction, architectural, and engi4 neering industries provide a valuable service in times 

5 of disasters and emergencies. 

6 (2) The construction, architectural, and engi7 neering industries answered the call on September 

8 11, 2001, and the days afterwards to assist in the 

9 search, recovery, and clean-up efforts in New York 

10 City and Arlington, Virginia, as well as in the after11 math of Hurricane Katrina. 

12 (3) The expertise and equipment brought forth 

13 for the search, recovery, and other efforts greatly 

14 advanced and improved the efficiency of these ef15 forts. 

16 (4) Such efforts by the construction, architec17 tural, and engineering industries make it safer for 

18 police, firefighters, and other rescue workers to work 

19 on search and recovery efforts. 

20 (5) The services provided by the construction, 

21 architectural, and engineering industries improve the 

22 safety of the public by the assessment, containment, 

23 and mitigation of conditions that threaten life and 

24 property. 

25 (6) Construction companies and architectural 

26 and engineering entities were faced with lawsuits as 


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1 a result of their voluntary efforts on behalf of their 

2 fellow citizens in New York City and the Gulf Coast. 

3 (7) Providing construction contractors and ar4 chitectural and engineering entities qualified immu5 nity from liability when providing services in this 

6 type of volunteer activity helps to ensure that such 

7 services will be available in the future in times of 

8 need. 

9 SEC. 3. PROVISION OF QUALIFIED IMMUNITY FROM LIABIL10 ITY FOR NEGLIGENCE TO CONSTRUCTION, 

11 ARCHITECTURAL, AND ENGINEERING ENTI12 TIES WHEN PROVIDING SERVICES OR EQUIP13 MENT ON A VOLUNTEER BASIS IN RESPONSE 

14 TO A DECLARED EMERGENCY OR DISASTER. 

15 (a) LIABILITY PROTECTION.—When a construction 

16 entity provides emergency construction assistance, or an 

17 architectural or engineering entity provides emergency ar18 chitectural or engineering assistance, on a voluntary basis, 

19 in good faith, and without expectation of compensation, 

20 and the entity or an employee of such entity negligently 

21 causes harm, the entity and the employee, if applicable, 

22 are not jointly, severally, or individually liable in damages 

23 for that harm. Nothing in this section shall be construed 

24 as providing immunity for gross negligence or willful mis25 conduct. 


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1 (b) DEFINITIONS.—In this section: 

2 (1) The term ‘‘construction entity’’ means a 

3 person, sole proprietorship, partnership, limited li4 ability company, or corporation in the regular busi5 ness of providing construction assistance. 

6 (2) The term ‘‘architectural or engineering enti7 ty’’ means a person, sole proprietorship, partnership, 

8 limited liability company, or corporation in the reg9 ular business of providing architectural or engineer10 ing assistance. 

11 (3) The term ‘‘construction assistance’’ means 

12 materials, labor, equipment, or services for construc13 tion-related activities, including construction, demoli14 tion, repair, clean-up, alteration, and remediation. 

15 (4) The term ‘‘architectural or engineering as16 sistance’’ means professional services of an architec17 tural or engineering nature, as defined by State law, 

18 if applicable, that are required to be performed or 

19 approved by a licensed professional architect or engi20 neer. 

21 (5) The terms ‘‘emergency construction assist22 ance’’ and ‘‘emergency architectural or engineering 

23 assistance’’ mean construction assistance and archi24 tectural or engineering assistance, respectively, pro25 vided— 


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1 (A) at the direction of a public official act2 ing in an official capacity; and 

3 (B) in response to or arising out of a de4 clared Federal, State, or local emergency or dis5 aster, whether the assistance is provided before 

6 or after the formal declaration of emergency or 

7 disaster. 

8 (c) RELATIONSHIP TO STATE LAW.— 

9 (1) PREEMPTION.—This section preempts the 

10 laws of any State to the extent that such laws are 

11 inconsistent with this section, except that it does not 

12 preclude a State from providing a higher amount of 

13 protection from liability, or from providing reim14 bursement for costs or expenses as authorized by 

15 State or local law. 

16 (2) WORKERS COMPENSATION.—This section 

17 does not apply to liability under workers compensa18 tion laws. 

Æ 


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