H.R. 3717House109th Congress (2005-2007)In Committee

Good Samaritan Protection for Construction Volunteers Act

Introduced September 8, 2005

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

September 8, 2005

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HouseIntro Referral

Introduced in House

September 8, 2005

HouseIntro Referral

Referred to the House Committee on the Judiciary.

September 8, 2005

Floor Debate

22 members

What members said about H.R. 3717 on the floor

8 Republicans13 Democrats1 Independent
John M. Spratt, Jr.
Rep. John M. Spratt, Jr.D-SC-5 · Dec 18, 2005

Mr. Speaker, I yield myself such time as I may consume. We have before us a conference report that everybody should understand there has really been no conference in which House and Senate Democrats…

Spencer Bachus
Rep. Spencer BachusR-AL-6 · Feb 1, 2006

Mr. Speaker, today, we have the opportunity to make significant improvements in our Federal Deposit Insurance system. We do this from a position of strength, as both the insurance fund and the…

Adam H. Putnam
Rep. Adam H. PutnamR-FL-12 · Feb 1, 2006

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 653 and ask for its immediate consideration. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the…

Bernard Sanders
Rep. Bernard SandersI-VT · Feb 16, 2005

Mr. Speaker, will the gentlewoman yield? Mr. Speaker, will the gentlewoman help us define what inappropriate is? Does the gentlewoman think that the film ``Saving Private Ryan,'' which depicted the…

Jim McDermott
Rep. Jim McDermottD-WA-7 · Feb 1, 2006

Mr. Speaker, pursuant to section 426 of the Congressional Budget Act of 1974, I make a point of order against consideration of this rule, H. Res. 653. Section 425 of that same act states that a point…

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Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · Feb 16, 2005

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank my colleague from West Virginia and congratulate her on her first rule. Mr. Speaker, I rise today in support of the…

Shelley Moore Capito
Rep. Shelley Moore CapitoR-WV-2 · Feb 16, 2005

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 95 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Feb 1, 2006

Mr. Speaker, last night, the President charged us to encourage economic progress, fight disease, and spread hope in hopeless lands. Unfortunately, this budget bill ignores the economic wellbeing,…

Madeleine Z. Bordallo
Rep. Madeleine Z. BordalloD-GU · Dec 18, 2005

Mr. Speaker, I rise this morning to address a particular provision included in Title VI of S. 1932, the Deficit Reduction Act of 2005. This provision, Section 6055, is very important to my district,…

Spencer Bachus
Rep. Spencer BachusR-AL-6 · Dec 18, 2005

Mr. Speaker, I thank the Chairman for yielding time, and I rise in strong support of the Deposit Insurance Reform legislation included in the conference report to S. 1932, the Deficit Reduction Act…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · Feb 1, 2006

Mr. Speaker, I yield myself such time as I may consume. I insert in the Record two documents referring to this bill. House of Representatives, Committee on Government Reform, Washington, DC, January…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Feb 1, 2006

Mr. Speaker, I thank the distinguished ranking member on the Rules Committee for her leadership in fighting the fight for a budget that is a reflection of the values and priorities of the American…

Fred Upton
Rep. Fred UptonR-MI-6 · Jun 6, 2006

Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 193) to increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of…

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Pete Sessions
Rep. Pete SessionsR-TX-32 · May 4, 2005

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 255 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Joe Barton
Rep. Joe BartonR-TX-6 · Feb 1, 2006

Mr. Speaker, I rise today in support of H. Res. 653, a resolution that will concur in the Senate amendment to S. 1932, the Deficit Reduction Act of 2005. In passing this resolution, the House will…

Barney Frank
Rep. Barney FrankD-MA-4 · Feb 16, 2005

Mr. Speaker, the comments from the floor manager of the bill made clear one of the major goals of the Republican Party. It is to shorten the attention span of the American people. Among the things…

Mark Udall
Rep. Mark UdallD-CO-2 · Feb 18, 2005

Mr. Speaker, I rise today in cautious support of the Broadcast Decency Enforcement Act of 2005. While I believe the public should be able to trust that the content of programming during peak viewing…

John D. Dingell
Rep. John D. DingellD-MI-15 · Feb 1, 2006

Mr. Speaker, my colleagues have recalled that there was no conference on this important legislation. Instead, my Republican colleagues met behind closed doors with a bevy of lobbyists for the health…

Jim Nussle
Rep. Jim NussleR-IA-1 · Feb 1, 2006

Mr. Speaker, I thank the gentleman for yielding me this time. It is interesting to listen to my colleagues who talk about the President's suggesting we invest in America and somehow they heard…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Dec 18, 2005

Mr. Speaker, Ruth Marcus, a reporter for the Washington Post, wrote the other day that those who forget history are condemned to be spun by it. I remember history. I have been here for a quarter of a…

Benjamin L. Cardin
Rep. Benjamin L. CardinD-MD-3 · Dec 18, 2005

Mr. Speaker, I rise in strong opposition to the so-called Deficit Reduction Act of 2005. Let's be clear about this: the majority is moving this bill to make way for tax cuts in the order of $106…

William M. Thomas
Rep. William M. ThomasR-CA-22 · Feb 1, 2006

Mr. Speaker, I submit the following for the Record. Mr. Speaker, we are here once again to pass the Deficit Reduction Act. The House approved it in December, but another vote is required due to…

Solomon P. Ortiz
Rep. Solomon P. OrtizD-TX-27 · Feb 1, 2006

Mr. Speaker, when we passed the Federal budget last year, Democrats offered an alternative that would have achieved a balanced budget in 10 years, 10 years to spread out the pain of finally paying…

Janice D. Schakowsky
Rep. Janice D. SchakowskyD-IL-9 · Dec 18, 2005

Mr. Speaker, I want to raise my concerns about the Medicaid provisions in the House-passed budget reconciliation bill and, in particular, the provision that imposes new documentation requirements on…

Bill Text

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Introduced in HouseIssued September 8, 2005

I

109th CONGRESS

1st Session

H. R. 3717

IN THE HOUSE OF REPRESENTATIVES

September 8, 2005

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

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.

1.

Short title

This Act may be cited as the Good Samaritan Protection for Construction Volunteers Act.

2.

Findings

The Congress finds the following:

(1)

The construction industry provides a valuable 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 rescue workers to work on search and recovery efforts.

(5)

The services provided by the construction industry improve the safety of the public by the containment/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.

3.

Provision of qualified immunity from liability for negligence to construction 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 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 construction assistance means materials, labor, equipment, or services for construction-related activities, including construction, demolition, repair, clean-up, alteration, and remediation.

(3)

The term emergency construction assistance means construction assistance 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.