I
119THCONGRESS
1
STSESSION 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
FEBRUARY13, 2025
Mr. B
OST(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 consider-
ation 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 secu-
rity requirements for projects, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Water Infrastructure 4
Subcontractor and Taxpayer Protection Act of 2025’’. 5
VerDate Sep 11 2014 22:32 Mar 10, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1285.IH H1285
kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
•HR 1285 IH
SEC. 2. FEDERAL REQUIREMENTS FOR WIFIA ELIGIBILITY 1
AND PROJECT SELECTION. 2
Section 5028(a)(1)(C) of the Water Infrastructure 3
Finance and Innovation Act of 2014 (33 U.S.C. 4
3907(a)(1)(C)) is amended— 5
(1) by striking ‘‘The Secretary’’ and inserting 6
the following: 7
‘‘(i) F
INANCING SECURITY FEA -8
TURES.—The Secretary’’; and 9
(2) by adding at the end the following: 10
‘‘(ii) C
ONSTRUCTION PAYMENT AND 11
PERFORMANCE SECURITY .— 12
‘‘(I) I
N GENERAL.—The Sec-13
retary or the Administrator, as appli-14
cable, shall ensure that the construc-15
tion of a project carried out with as-16
sistance under this subtitle has pay-17
ment and performance security in ac-18
cordance with this clause. 19
‘‘(II) U
SE OF STATE OR LOCAL 20
REQUIREMENTS.—The Secretary or 21
the Administrator, as applicable, shall 22
consider subclause (I) to be satisfied 23
with respect to the construction of a 24
project if— 25
VerDate Sep 11 2014 22:32 Mar 10, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1285.IH H1285
kjohnson on DSK7ZCZBW3PROD with $$_JOB 3
•HR 1285 IH
‘‘(aa) applicable State or 1
local law requires payment and 2
performance security with respect 3
to the construction; and 4
‘‘(bb) the amount of that 5
payment and performance secu-6
rity is not less than 50 percent of 7
the total construction contract 8
amount. 9
‘‘(III) U
SE OF BONDS.—With re-10
spect to the construction of a project 11
to which no State or local payment 12
and performance security require-13
ments apply or for which the amount 14
of payment and performance security 15
under applicable State or local pay-16
ment and performance requirements 17
does not meet the requirement de-18
scribed in subclause (II)(bb), the Sec-19
retary or the Administrator, as appli-20
cable, shall require, for purposes of 21
satisfying subclause (I), that the re-22
quirements described in paragraphs 23
VerDate Sep 11 2014 22:32 Mar 10, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1285.IH H1285
kjohnson on DSK7ZCZBW3PROD with $$_JOB 4
•HR 1285 IH
(1) and (2) of section 3131(b) of title 1
40, United States Code, be met.’’. 2
Æ
VerDate Sep 11 2014 22:32 Mar 10, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1285.IH H1285
kjohnson on DSK7ZCZBW3PROD with $$_JOB