Water Infrastructure Subcontractor and Taxpayer Protection Act of 2025

[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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