I 
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. MATHE-
SON, Mr. DANIEL E. LUNGREN of California, and Mrs. KELLY) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Good Samaritan Pro-
tection for Construction Volunteers Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following:
(1) The construction industry provides a valu-
able 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 res-
cue workers to work on search and recovery efforts. 
(5) The services provided by the construction 
industry improve the safety of the public by the con-
tainment/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 LIABIL-
ITY FOR NEGLIGENCE TO CONSTRUCTION 
ENTITIES WHEN PROVIDING SERVICES OR 
EQUIPMENT ON A VOLUNTEER BASIS IN RE-
SPONSE 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 li-
ability company, or corporation in the regular busi-
ness of providing construction assistance. 
(2) The term ‘‘construction assistance’’ means 
materials, labor, equipment, or services for construc-
tion-related activities, including construction, demoli-
tion, repair, clean-up, alteration, and remediation. 
(3) The term ‘‘emergency construction assist-
ance’’ means construction assistance provided—
(A) at the direction of a public official act-
ing in an official capacity; and 
(B) in response to or arising out of a de-
clared Federal, State, or local emergency or dis-
aster, 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 reim-
bursement for costs or expenses as authorized by 
State or local law. 
(2) WORKERS
COMPENSATION.—This section 
does not apply to liability under workers compensa-
tion laws. 
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