119-HR1285

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 1285

1. Short title
2. Federal requirements for WIFIA eligibility and project selection

1. Short title

This Act may be cited as the "Water Infrastructure Subcontractor and Taxpayer Protection Act of 2025".

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) Financing security features - by striking "The Secretary" and inserting the following:

(i) Financing security features - The Secretary

(2) Construction payment and performance security - 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.