[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3736 Referred in Senate (RFS)]
109th CONGRESS
1st Session
H. R. 3736
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2005
Received
September 28, 2005
Read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To protect volunteers assisting the victims of Hurricane Katrina.
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 ``Katrina Volunteer Protection Act of
2005''.
SEC. 2. PROTECTION OF VOLUNTEERS.
(a) Qualified Immunity From Suit.--Any person or entity (including
any Indian Tribe) that, in response to harm caused by Hurricane Katrina
of 2005, voluntarily, in good faith, and without a preexisting duty or
expectation of compensation, renders aid (including medical treatment
and rescue assistance) to any individual, shall not be liable for any
injury (including personal injury, property damage or loss, and death)
arising out of or resulting from that aid that was not caused by--
(1) willful, wanton, reckless or criminal conduct of that
person or entity; or
(2) conduct of that person or entity that constitutes a
violation of a Federal or State civil rights law.
(b) Preemption.--This Act preempts the laws of a State to the
extent such laws are inconsistent with this Act, except that this Act
shall not preempt any State law
that provides additional protection from liability relating to
volunteers.
Passed the House of Representatives September 14, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
By Gerasimos C. Vans,
Deputy Clerk.