,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hbbb  ,,in ,,the ,,house ,,of  
,,representatives  ,september #aa1      
#bjbj,mr4 ,jacobs 7for himself and ,mr4 
,reed7 introduced the following bill2   
which was referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to preclude 
absolute liability in any action against
 a property owner or contractor for     
projects receiving ,federal financial   
assistance for infrastructure and       
transportation development1 and for     
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,infrastructure
 ,expansion ,act of #bjbj4  #b4         
,preservation of ,federal financial     
assistance for infrastructure and       
transportation development  7a7 ,no     
absolute liability on projects receiving
 federal financial assistance ,for any  
project for which ,federal financial    
assistance is used1 directly or         
indirectly1 no action on the basis of   
absolute liability may be instituted by 
a covered person against a property     

owner or a party to a contract relating 
to the property that is the subject of  
the project for any injury associated   
with an elevation or gravity related    
risk occurring on that project4 ,for any
 project for which ,federal financial   
assistance is used1 a ,state shall1 for 
any claim brought by a covered person   
otherwise available against a property  
owner or contractor for any injury      
associated with an elevation or gravity 
related risk1 apply a comparative       
negligence liability standard that      
considers the comparative negligence of 
the injured person1 when such negligence
 is a proximate cause of an injury to a 
person4  7b7 ,definitions ,in this      
section3 7#a7 ,the term absolute        
liability means liability for a personal
 injury or death that is imposed without
 consideration of the responsibility of 
the injured person1 including failure to
 follow safety instructions or safe work
 practices in accordance with training  
provided1 failure to utilize provided   

safety equipment or devices1 impairment 
by the use of drugs or alcohol1 or      
involvement in a criminal act1 when such
 failure1 impairment1 or act is a       
proximate cause of an injury to such    
person4  7#b7 ,the term covered person  
means any person who supervises or      
performs any work on or who is otherwise
 affiliated with a project4  7#c7 ,the  
term elevation or gravity related risk  
means a hazard related to the effects of
 gravity either due to the difference   
between the elevation level of the      
required work and a lower level or a    
difference between the elevation level  
where the worker is positioned and the  
higher level of the materials or load   
being hoisted or secured4  7#d7 ,the    
term project means the erection1        
demolition1 repairing1 altering1        
painting1 cleaning or pointing of a     
highway1 bridge1 tunnel1 airport1       
railway1 bus or railroad station1 depot1
 pier1 building1 or any other structure 
owned or operated by the ,federal       

,government or for which ,federal       
financial assistance is used4  7#e7 ,the
 term ,state includes a port authority1 
transit agency1 public toll authority1  
metropolitan planning organization1 or  
other political subdivision of a ,state 
or local government4  7c7 ,workers'     
compensation laws ,nothing in this      
section shall be construed to preempt   
any law of a ,state providing for       
workers' compensation4  7d7 ,effective  
date ,this section applies to claims    
arising from projects in which a ,state 
or local government accepts ,federal    
financial assistance on or after        
,january #a1 #bjba4