,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #cedh  ,,in ,,the ,,house ,,of  
,,representatives  ,may #ba1 #bjbe,mr4  
,langworthy 7for himself1 ,ms4 ,tenney1 
and ,ms4 ,stefanik7 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 #bjbe4  #b4 ,preservation of ,federal
 financial assistance for infrastructure
 and transportation development  7a7 ,no
 absolute liability on certain projects 
,for any project that receives ,federal 
financial assistance1 benefits from     
,federal tax incentives1 or is subject  
to ,federal permitting requirements1 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 or subcontract      
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  7b7 ,comparative negligence   
liability standard for certain claims   
,for any project described in subsection
 7a7-- 7#a7 a ,state may not impose     
absolute liability in any form for      
elevation or gravity-related risks2 and 
7#b7 a comparative negligence liability 
standard shall apply to any claim       
brought by a covered person against a   
property owner or contractor for an     
injury associated with an elevation or  
gravity-related risk in which-- 7,a7    
such negligence is a proximate cause of 
an injury to a person2 and  7,b7 ,state 
law would otherwise apply absolute      
liability as the basis for such a claim4
  7c7 ,federal preemption ,this ,act    
shall supersede and preempt any ,state  
law that imposes absolute liability     

standards for elevation or              
gravity-related risks on projects       
receiving ,federal financial assistance4
 ,states shall adopt comparative        
negligence standards pursuant to this   
,act for claims arising under a project 
described in subsection 7a74  7d7       
,federal court jurisdiction ,all claims 
arising under this ,act shall be subject
 to exclusive jurisdiction of the       
,federal courts of the ,united ,states1 
precluding ,state courts from applying  
absolute liability standards to covered 
projects4  7e7 ,definitions ,in this    
section3  7#a7 ,absolute liability ,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      
,covered person ,the term covered person
 means any person who supervises or     
performs any work on or who is otherwise
 affiliated with a project4  7#c7       
,elevation or gravity-related risk ,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 ,federal
 financial assistance ,the term ,federal
 financial assistance means any direct  
or indirect funding1 including grants1  
loans1 loan guarantees1 tax credits1    
,build ,america ,bonds1 bonds1 or other 
incentives provided by the ,federal     
,government to support infrastructure or
 transportation development4  7#e7      

,project ,the term project means-- 7,a7 
the construction1 erection1 demolition1 
repairing1 altering1 painting1 cleaning1
 or pointing of a highway1 bridge1      
tunnel1 airport1 railway1 bus or        
railroad station1 depot1 pier1 harbor1  
park1 building1 support facility1 or    
utilities2 and  7,b7 any infrastructure 
associated with an activity described in
 subparagraph 7,a71 including private   
developments required to modify public  
assets as a condition of construction or
 permitting4  7#f7 ,state ,the term     
,state includes an authority1 agency1   
metropolitan planning organization1     
district1 commission1 corporation1 or   
other political subdivision of1 or      
affiliation with1 a ,state or local     
government1 or bi-,state entity or      
compact4  7f7 ,workers' compensation    
laws ,nothing in this section shall be  
construed to preempt any law of a ,state
 providing for workers' compensation4   
7g7 ,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 #bjbf4