[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3548 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3548
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
May 21, 2025
Mr. Langworthy (for himself, Ms. Tenney, and Ms. Stefanik) 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
2025''.
SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSISTANCE FOR INFRASTRUCTURE
AND TRANSPORTATION DEVELOPMENT.
(a) No Absolute Liability on Certain Projects.--For any project
that receives Federal financial assistance, benefits from Federal tax
incentives, or is subject to Federal permitting requirements, 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 project.
(b) Comparative Negligence Liability Standard for Certain Claims.--
For any project described in subsection (a)--
(1) a State may not impose absolute liability in any form
for elevation or gravity-related risks; and
(2) 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--
(A) such negligence is a proximate cause of an
injury to a person; and
(B) State law would otherwise apply absolute
liability as the basis for such a claim.
(c) 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
assistance. States shall adopt comparative negligence standards
pursuant to this Act for claims arising under a project described in
subsection (a).
(d) Federal Court Jurisdiction.--All claims arising under this Act
shall be subject to exclusive jurisdiction of the Federal courts of the
United States, precluding State courts from applying absolute liability
standards to covered projects.
(e) Definitions.--In this section:
(1) 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
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) Covered person.--The term ``covered person'' means any
person who supervises or performs any work on or who is
otherwise affiliated with a project.
(3) 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 secured.
(4) Federal financial assistance.--The term ``Federal
financial assistance'' means any direct or indirect funding,
including grants, loans, loan guarantees, tax credits, Build
America Bonds, bonds, or other incentives provided by the
Federal Government to support infrastructure or transportation
development.
(5) Project.--The term ``project'' means--
(A) the construction, erection, demolition,
repairing, altering, painting, cleaning, or pointing of
a highway, bridge, tunnel, airport, railway, bus or
railroad station, depot, pier, harbor, park, building,
support facility, or utilities; and
(B) any infrastructure associated with an activity
described in subparagraph (A), including private
developments required to modify public assets as a
condition of construction or permitting.
(6) State.--The term ``State'' includes an authority,
agency, metropolitan planning organization, district,
commission, corporation, or other political subdivision of, or
affiliation with, a State or local government, or bi-State
entity or compact.
(f) Workers' Compensation Laws.--Nothing in this section shall be
construed to preempt any law of a State providing for workers'
compensation.
(g) 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, 2026.
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