[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2542 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 2542

 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

                             April 6, 2023

Mr. Williams of New York (for himself, Ms. Tenney, and Mr. Langworthy) 
 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 
2023''.

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

    (a) No Absolute Liability on Certain Projects.--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.
    (b) Comparative Negligence Liability Standard for Certain Claims.--
For any project for which Federal financial assistance is used, a State 
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 a comparative negligence liability standard that 
considers the comparative negligence of the injured person for any 
claim in which--
            (1) such negligence is a proximate cause of an injury to a 
        person; and
            (2) State law would otherwise apply absolute liability as 
        the basis for such claim.
    (c) 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.
    (d) Workers' Compensation Laws.--Nothing in this section shall be 
construed to preempt any law of a State providing for workers' 
compensation.
    (e) 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, 2025.
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