I 

116TH CONGRESS 

2D SESSION H. R. 8222 

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 11, 2020 

Mr. JACOBS (for himself and Mr. REED) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Infrastructure Expan5 sion Act of 2020’’. 


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1 SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSIST2 ANCE FOR INFRASTRUCTURE AND TRANS3 PORTATION DEVELOPMENT. 

4 (a) NO ABSOLUTE LIABILITY ON PROJECTS RECEIV5 ING FEDERAL FINANCIAL ASSISTANCE.—For any project 

6 for which Federal financial assistance is used, directly or 

7 indirectly, no action on the basis of absolute liability may 

8 be instituted by a covered person against a property owner 

9 or a party to a contract relating to the property that is 

10 the subject of the project for any injury associated with 

11 an elevation or gravity related risk occurring on that 

12 project. For any project for which Federal financial assist13 ance is used, a State shall, for any claim brought by a 

14 covered person otherwise available against a property 

15 owner or contractor for any injury associated with an ele16 vation or gravity related risk, apply a comparative neg17 ligence liability standard that considers the comparative 

18 negligence of the injured person, when such negligence is 

19 a proximate cause of an injury to a person. 

20 (b) DEFINITIONS.—In this section: 

21 (1) The term ‘‘absolute liability’’ means liability 

22 for a personal injury or death that is imposed with23 out consideration of the responsibility of the injured 

24 person, including failure to follow safety instructions 

25 or safe work practices in accordance with training 

26 provided, failure to utilize provided safety equipment 


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1 or devices, impairment by the use of drugs or alco2 hol, or involvement in a criminal act, when such fail3 ure, impairment, or act is a proximate cause of an 

4 injury to such person. 

5 (2) The term ‘‘covered person’’ means any per6 son who supervises or performs any work on or who 

7 is otherwise affiliated with a project. 

8 (3) The term ‘‘elevation or gravity related risk’’ 

9 means a hazard related to the effects of gravity ei10 ther due to the difference between the elevation level 

11 of the required work and a lower level or a dif12 ference between the elevation level where the worker 

13 is positioned and the higher level of the materials or 

14 load being hoisted or secured. 

15 (4) The term ‘‘project’’ means the erection, 

16 demolition, repairing, altering, painting, cleaning or 

17 pointing of a highway, bridge, tunnel, airport, rail18 way, bus or railroad station, depot, pier, building, or 

19 any other structure owned or operated by the Fed20 eral Government or for which Federal financial as21 sistance is used. 

22 (5) The term ‘‘State’’ includes a port authority, 

23 transit agency, public toll authority, metropolitan 

24 planning organization, or other political subdivision 

25 of a State or local government. 


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1 (c) WORKERS’ COMPENSATION LAWS.—Nothing in 

2 this section shall be construed to preempt any law of a 

3 State providing for workers’ compensation. 

4 (d) EFFECTIVE DATE.—This section applies to 

5 claims arising from projects in which a State or local gov6 ernment accepts Federal financial assistance on or after 

7 January 1, 2021. 

Æ 


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