H.R. 1285

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1285 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 1285

To amend the Water Infrastructure Finance and Innovation Act of 2014 to 
establish payment and performance security requirements for projects, 
and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 13, 2025

Mr. Bost (for himself and Mr. Pappas) introduced the following bill; 
which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To amend the Water Infrastructure Finance and Innovation Act of 2014 to 
establish payment and performance security requirements for projects, 
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 ``Water Infrastructure Subcontractor 
and Taxpayer Protection Act of 2025''.

SEC. 2. FEDERAL REQUIREMENTS FOR WIFIA ELIGIBILITY AND PROJECT 
SELECTION.

Section 5028(a)(1)(C) of the Water Infrastructure Finance and 
Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(C)) is amended--
(1) by striking ``The Secretary'' and inserting the 
following:
``(i) Financing security features.--The 
Secretary''; and
(2) by adding at the end the following:
``(ii) Construction payment and performance 
security.--
``(I) In general.--The Secretary or 
the Administrator, as applicable, shall 
ensure that the construction of a 
project carried out with assistance 
under this subtitle has payment and 
performance security in accordance with 
this clause.
``(II) Use of state or local 
requirements.--The Secretary or the 
Administrator, as applicable, shall 
consider subclause (I) to be satisfied 
with respect to the construction of a 
project if--
``(aa) applicable State or 
local law requires payment and 
performance security with 
respect to the construction; 
and
``(bb) the amount of that 
payment and performance 
security is not less than 50 
percent of the total 
construction contract amount.
``(III) Use of bonds.--With respect 
to the construction of a project to 
which no State or local payment and 
performance security requirements apply 
or for which the amount of payment and 
performance security under applicable 
State or local payment and performance 
requirements does not meet the 
requirement described in subclause 
(II)(bb), the Secretary or the 
Administrator, as applicable, shall 
require, for purposes of satisfying 
subclause (I), that the requirements 
described in paragraphs (1) and (2) of 
section 3131(b) of title 40, United 
States Code, be met.''.
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