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1 H.R. 3808, Infrastructure Expansion Act of 2017 1 (March 7, 2018)

handle is hein.congrec/infrastex0001 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE U COST ESTIMATE March 7, 2018 H.R. 3808 Infrastructure Expansion Act of 2017 As ordered reported by the House Committee on the Judiciary on January 30, 2018 In tort law, an absolute (or strict) liability standard imposes 100 percent liability for injury on the defendant, regardless of actual fault or negligence on the part of that defendant. Under a comparative negligence standard of liability, the court assesses the relative fault of the defendant and the plaintiff to determine the division of liability and apportions the award of damages accordingly. H.R. 3808 would affect claims stemming from gravity-related accidents-for example, when a worker is injured in a fall or by a falling object-on infrastructure projects that are federally owned or funded with federal assistance. Specifically, the bill would require courts to apply a comparative negligence standard when considering such claims. CBO expects that under H.R. 3808, injured parties may be found to be partially liable for injuries that occur during work on federally owned or funded construction projects. Such a finding could result in lower settlement payments by employers and contractors. That limitation on liability also could reduce the insurance costs for such projects. CBO estimates that any budgetary effects of enacting H.R. 3808 would be insignificant over the 2018-2022 period. The provisions of the bill would apply to projects built in one state with federal grants or assistance. Any savings in that state because of lower insurance or settlement costs would generally not affect the amounts provided for federal construction grants. Enacting H.R. 3808 would not affect direct spending or revenues; therefore, pay-as-you- go procedures do not apply. CBO estimates that enacting H.R. 3808 would not increase net direct spending or on- budget deficits in any of the four consecutive 10-year periods beginning in 2028. H.R. 3808 would impose an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA) by preempting state laws that impose absolute liability on employers for workplace injuries caused by gravity-related accidents. The bill would preempt those laws by requiring the state to instead apply a comparative negligence standard that considers the negligence of the injured person in cases that arise involving

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