H.R. 4194: Limiting Liability for Critical Infrastructure Manufacturers Act

This bill, known as the Limiting Liability for Critical Infrastructure Manufacturers Act, proposes several key provisions aimed at manufacturers of critical infrastructure. Here’s a breakdown of what the bill would do:

1. Title of the Bill

The bill can be referred to as the "Limiting Liability for Critical Infrastructure Manufacturers Act."

2. Purpose and Findings

The bill expresses a congressional finding that the production of critical infrastructure is essential to maintain and enhance secure and functional critical infrastructure systems. This aligns with previous governmental policies aimed at ensuring the resilience of critical infrastructure.

3. Limited Liability Provisions

The main feature of the bill is to provide immunity from legal liability for manufacturers of critical infrastructure equipment in relation to wildfire incidents. This means:

• Manufacturers will not be held responsible under federal or state law for damages caused by wildfires that are associated with their equipment.
• This immunity applies unless it is proven that the manufacturer engaged in willful misconduct during the design or production of the equipment.

4. Definitions

The bill includes definitions for key terms:

• Critical Infrastructure: This term is defined as per section 1016(e) of the USA PATRIOT Act, referring to systems and assets that are vital to national security, economic security, public health, or safety.
• Manufacturer: This includes entities categorized within the critical manufacturing sector as defined in the Cyber Incident Reporting for Critical Infrastructure Act of 2022.

5. Legal Status

This bill is currently in the first session of the 119th Congress and has been introduced in the House of Representatives. It has been referred to the Committee on the Judiciary for further consideration.

Relevant Companies

• NKE (Nike, Inc.): As a major manufacturer potentially involved in the production of materials classified under critical infrastructure, they might be concerned about how this liability limitation could influence their operations and legal risks.
• GE (General Electric Company): GE produces various types of equipment and infrastructure-related technologies. This bill may significantly affect how they manage liability related to wildfire incidents.
• RTX (Raytheon Technologies Corporation): As a major player in defense and industrial sectors, the bill's liability protections could impact their product development and risk management strategies regarding critical infrastructure.