HR 3548

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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. <all>