[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3808 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3808

 To preclude absolute liability in any action against a property owner 
 or contractor for projects receiving Federal financial assistance for 
 infrastructure and transportation development, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2017

   Mr. Faso introduced the following bill; 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 development, and for other purposes.

    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 ``Infrastructure Expansion Act of 
2017''.

SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSISTANCE FOR INFRASTRUCTURE 
              AND TRANSPORTATION DEVELOPMENT.

    (a) No Absolute Liability on Projects Receiving Federal Financial 
Assistance.--For any project for which Federal financial assistance is 
used, directly or indirectly, 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 project. For any project for 
which Federal financial assistance is used, a State shall, 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 risk, apply a comparative negligence 
liability standard that considers the comparative negligence of the 
injured person, when such negligence is a proximate cause of an injury 
to a person.
    (b) Definitions.--In this section:
            (1) The term ``absolute liability'' means liability for a 
        personal injury or death that is imposed without consideration 
        of the responsibility of the injured person, including failure 
        to follow safety instructions or safe work practices in 
        accordance with training provided, failure to utilize provided 
        safety equipment or devices, impairment by the use of drugs or 
        alcohol, or involvement in a criminal act, when such failure, 
        impairment, or act is a proximate cause of an injury to such 
        person.
            (2) The term ``covered person'' means any person who 
        supervises or performs any work on or who is otherwise 
        affiliated with a project.
            (3) 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 secured.
            (4) The term ``project'' means the erection, demolition, 
        repairing, altering, painting, cleaning or pointing of a 
        highway, bridge, tunnel, airport, railway, bus or railroad 
        station, depot, pier, building, or any other structure owned or 
        operated by the Federal Government or for which Federal 
        financial assistance is used.
            (5) The term ``State'' includes a port authority, transit 
        agency, public toll authority, metropolitan planning 
        organization, or other political subdivision of a State or 
        local government.
    (c) Workers' Compensation Laws.--Nothing in this section shall be 
construed to preempt any law of a State providing for workers' 
compensation.
    (d) 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 1, 2018.
                                 <all>