Infrastructure Expansion Act of 2025
- Bill Number
- H.R. 3548
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-05-21: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-05T08:07:32Z
AI-Generated Summary
Purpose of the Legislation
The Infrastructure Expansion Act of 2025 aims to encourage infrastructure and transportation development by limiting certain types of legal liability for property owners and contractors involved in federally supported projects. It seeks to prevent "absolute liability" (a strict form of responsibility where fault of the injured person is not considered) for injuries related to falls or gravity hazards, replacing it with a "comparative negligence" standard (where liability is shared based on each party's degree of fault).
Key Provisions
- Prohibition on Absolute Liability: For projects receiving federal funding, tax incentives, or federal permits, no lawsuits based on absolute liability can be filed against property owners or contractors for injuries from elevation or gravity-related risks (e.g., falls from heights or hazards from hoisted materials).
- State Restrictions and Comparative Negligence: States are barred from imposing absolute liability for these risks. Instead, claims must use comparative negligence, where the injured person's own negligence (e.g., ignoring safety rules, impairment, or criminal acts) reduces or eliminates their recovery if it contributed to the injury.
- Federal Preemption: The law overrides any conflicting state laws that enforce absolute liability, requiring states to adopt the comparative negligence approach for covered projects.
- Exclusive Federal Court Jurisdiction: All related claims must be heard in federal courts, preventing state courts from applying absolute liability.
- Definitions:
- Absolute liability: Responsibility for injury or death without considering the injured person's fault, such as failing to use safety gear or being under the influence.
- Covered person: Anyone supervising, performing work on, or affiliated with the project (e.g., workers or supervisors).
- Elevation or gravity-related risk: Hazards from gravity due to height differences, like working at elevations or handling loads above the worker.
- Federal financial assistance: Broad federal support, including grants, loans, tax credits, or bonds for infrastructure.
- Project: Construction, repair, or related activities on highways, bridges, airports, buildings, utilities, or associated private developments tied to public infrastructure.
- State: Includes state governments, local agencies, or similar entities.
- Exceptions and Effective Date: The law does not affect state workers' compensation systems (insurance programs for workplace injuries). It applies to projects where federal aid is accepted starting January 1, 2026.
Significant Changes to Existing Law
- Replaces state-imposed absolute (strict) liability standards with a uniform federal comparative negligence rule for specified risks on federally assisted projects, preempting (overriding) state laws to the contrary.
- Shifts jurisdiction from state to federal courts exclusively for these claims, altering where such cases are resolved.
- Introduces protections against liability for owners and contractors even if the injured person's actions (like not following safety protocols) contributed to the harm, which was not always the case under varying state rules.
Potential Impacts
- On Government Agencies: Federal agencies providing funding (e.g., Department of Transportation) may see increased project uptake due to reduced legal risks, but federal courts could face a higher caseload from exclusive jurisdiction. States and local governments lose flexibility in liability rules for federally funded work, potentially complicating their regulatory roles.
- On Citizens: Workers on these projects may find it harder to win full compensation if their own negligence is deemed a factor, though workers' compensation remains available. Property owners and contractors benefit from lower litigation risks, possibly leading to more affordable infrastructure development and improved public facilities like roads and bridges.
- On International Relations: Minimal direct impact, as the law focuses on domestic projects; however, it could indirectly affect U.S. competitiveness in global infrastructure by streamlining domestic development.
Main Stakeholders Affected
- Property Owners and Contractors: Primary beneficiaries, protected from strict liability, which could reduce costs and encourage participation in large-scale projects.
- Workers and Supervisors (Covered Persons): Potentially disadvantaged in personal injury lawsuits, as claims depend more on proving others' fault relative to their own.
- State and Local Governments: Required to align with federal standards, losing some authority over liability in federally assisted projects.
- Federal Government: Gains oversight through preemption and court jurisdiction but may need to manage increased legal proceedings.
- Taxpayers and the Public: Could see faster infrastructure growth and lower project costs, benefiting from enhanced transportation and utilities.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The preemption clause raises questions about the balance between federal and state authority (federalism), as it mandates states to change their laws. Exclusive federal jurisdiction may streamline consistency but could overload federal dockets and limit access for plaintiffs preferring local courts.
- Constitutional Implications: Potential challenges under the Tenth Amendment (reserving powers to states) if seen as excessive federal overreach into state tort (personal injury) laws, though tied to federal funding conditions, which courts have upheld in similar cases.
- Political Implications: Positions as pro-development and business-friendly, likely appealing to infrastructure advocates, but could face opposition from labor groups concerned about worker protections. As an introduced bill (H.R. 3548, 119th Congress), its passage would signal priorities for economic growth amid debates on liability reform.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Langworthy, Nicholas A. [R-NY-23]
Cosponsors (5)
Rep. Tenney, Claudia [R-NY-24], Rep. Stefanik, Elise M. [R-NY-21], Rep. McClintock, Tom [R-CA-5], Rep. Ezell, Mike [R-MS-4], Rep. Joyce, David P. [R-OH-14]
Recent Actions
- 2025-05-21: Referred to the House Committee on the Judiciary.
- 2025-05-21: Introduced in House
- 2025-05-21: Introduced in House
Bill Versions
- Infrastructure Expansion Act of 2025 — issued 2025-05-21 — PDF (5 pages)