I 
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 infra-
structure 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 finan-
cial assistance for infrastructure and transportation de-
velopment, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Infrastructure Expan-
sion Act of 2017’’. 
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SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSIST-
ANCE FOR INFRASTRUCTURE AND TRANS-
PORTATION DEVELOPMENT. 
(a) NO ABSOLUTE LIABILITY ON PROJECTS RECEIV-
ING 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 assist-
ance 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 ele-
vation or gravity related risk, apply a comparative neg-
ligence 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 with-
out 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 
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or devices, impairment by the use of drugs or alco-
hol, or involvement in a criminal act, when such fail-
ure, impairment, or act is a proximate cause of an 
injury to such person. 
(2) The term ‘‘covered person’’ means any per-
son 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 ei-
ther due to the difference between the elevation level 
of the required work and a lower level or a dif-
ference 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, rail-
way, bus or railroad station, depot, pier, building, or 
any other structure owned or operated by the Fed-
eral Government or for which Federal financial as-
sistance 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. 
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(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 gov-
ernment accepts Federal financial assistance on or after 
January 1, 2018. 
Æ 
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