I 
111TH CONGRESS 
2D SESSION 
H. R. 5576 
To provide construction, architectural, and engineering entities with qualified 
immunity from liability for negligence when providing services or equip-
ment on a volunteer basis in response to a declared emergency or dis-
aster. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2010 
Mr. REICHERT (for himself, Mr. GARY G. MILLER of California, and Mr. 
MATHESON) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To provide construction, architectural, and engineering enti-
ties 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, Architectural, and Engineering 
Volunteers Act’’. 
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SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The construction, architectural, and engi-
neering industries provide a valuable service in times 
of disasters and emergencies. 
(2) The construction, architectural, and engi-
neering 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 after-
math 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 ef-
forts. 
(4) Such efforts by the construction, architec-
tural, 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 
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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 ar-
chitectural and engineering entities qualified immu-
nity 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, 
ARCHITECTURAL, AND ENGINEERING ENTI-
TIES WHEN PROVIDING SERVICES OR EQUIP-
MENT 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 ar-
chitectural 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 mis-
conduct. 
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(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 ‘‘architectural or engineering enti-
ty’’ means a person, sole proprietorship, partnership, 
limited liability company, or corporation in the reg-
ular business of providing architectural or engineer-
ing assistance. 
(3) 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. 
(4) The term ‘‘architectural or engineering as-
sistance’’ means professional services of an architec-
tural or engineering nature, as defined by State law, 
if applicable, that are required to be performed or 
approved by a licensed professional architect or engi-
neer. 
(5) The terms ‘‘emergency construction assist-
ance’’ and ‘‘emergency architectural or engineering 
assistance’’ mean construction assistance and archi-
tectural or engineering assistance, respectively, pro-
vided— 
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(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. 
Æ 
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