I 

118TH CONGRESS 

1ST SESSION H. R. 5664 

To reauthorize the Water Infrastructure Finance and Innovation Act of 2014, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 21, 2023 

Ms. SCHRIER (for herself, Mr. NEWHOUSE, Mr. GARAMENDI, Mr. LAMALFA, 

Mr. COSTA, Mrs. CHAVEZ-DEREMER, and Ms. DAVIDS of Kansas) 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 reauthorize the Water Infrastructure Finance and 

Innovation Act of 2014, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water Infrastructure 

5 Finance and Innovation Act Amendments of 2023’’. 


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1 SEC. 2. CLARIFICATIONS REGARDING SMALL COMMU2 NITIES AND RURAL WATER PROJECTS. 

3 (a) DEFINITIONS.—Section 5022 of the Water Re4 sources Reform and Development Act of 2014 (33 U.S.C. 

5 3901) is amended— 

6 (1) by redesignating paragraphs (11) through 

7 (15) as paragraphs (13) through (17), respectively; 

8 (2) by redesignating paragraph (10) as para9 graph (11); 

10 (3) by inserting after paragraph (9) the fol11 lowing: 

12 ‘‘(10) RURAL WATER PROJECT.—The term 

13 ‘rural water project’ includes— 

14 ‘‘(A) a rural water supply project author15 ized under the Reclamation Rural Water Sup16 ply Act of 2006 (43 U.S.C. 2401); 

17 ‘‘(B) any project authorized under part III 

18 of subtitle A of title X of the Omnibus Public 

19 Land Management Act of 2009 (Public Law 

20 111–11), for a federally recognized Indian 

21 Tribe; and 

22 ‘‘(C) any rural water project or rural water 

23 supply project authorized under— 

24 ‘‘(i) section 1110 of title XI of divi25 sion FF of the Consolidated Appropria26 tions Act, 2021 (Public Law 116–260); or 


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1 ‘‘(ii) any other Federal law.’’; and 

2 (4) by inserting after paragraph (11), as so re3 designated, the following: 

4 ‘‘(12) SMALL COMMUNITY.—The term ‘small 

5 community’ means a city, town, or unincorporated 

6 area that has a population of not more than 25,000 

7 inhabitants.’’. 

8 (b) ELIGIBLE PROJECT COSTS.—Section 

9 5028(a)(2)(B) of the Water Resources Reform and Devel10 opment Act of 2014 (33 U.S.C. 3907(a)(2)(B)) is amend11 ed by striking ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’. 

12 (c) AUTHORITY TO PROVIDE ASSISTANCE FOR

13 PROJECT DEVELOPMENT.—Section 5023 of the Water 

14 Resources Reform and Development Act of 2014 (33 

15 U.S.C. 3902) is amended by adding at the end the fol16 lowing: 

17 ‘‘(c) TECHNICAL ASSISTANCE TO SMALL COMMU18 NITIES.— 

19 ‘‘(1) IN GENERAL.—The Administrator may 

20 provide technical assistance to small communities to 

21 aid such communities in developing a proposal for 

22 an eligible project and seeking assistance under this 

23 subtitle to carry out such project. 


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1 ‘‘(2) TYPES OF ASSISTANCE.—Assistance under 

2 paragraph (1) may be in the form of engineering 

3 and financial planning assistance.’’. 

4 (d) CONFORMING AMENDMENTS.— 

5 (1) ELIGIBLE PROJECT COSTS.—Section 

6 5028(a)(2)(B) of the Water Resources Reform and 

7 Development Act of 2014 (33 U.S.C. 3907(a)(2)(B)) 

8 is further amended by striking ‘‘a community of not 

9 more than 25,000 individuals’’ and inserting ‘‘a 

10 small community’’. 

11 (2) FUNDING.—Section 5033 of the Water Re12 sources Reform and Development Act of 2014 (33 

13 U.S.C. 3912) is amended— 

14 (A) in subsection (b)(2) by inserting 

15 ‘‘(other than technical assistance under section 

16 5023(c))’’ after ‘‘technical assistance’’; and 

17 (B) in subsection (c)(1) by inserting ‘‘and 

18 for technical assistance to small communities 

19 under section 5023(c)’’ before the period at the 

20 end. 

21 (3) OUTREACH PLANS.—Section 5036 of the 

22 Water Resources Reform and Development Act of 

23 2014 (33 U.S.C. 3915) is amended to read as fol24 lows: 


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1 ‘‘SEC. 5036. OUTREACH PLAN TO SMALL COMMUNITIES. 

2 ‘‘Not later than 180 days after the date of enactment 

3 of the Water Infrastructure Finance and Innovation Act 

4 Amendments of 2023, the Administrator, in consultation 

5 with relevant Federal agencies, shall develop and begin im6 plementation of an outreach plan to promote financial as7 sistance available under this subtitle to small commu8 nities.’’. 

9 SEC. 3. CLARIFYING ELIGIBILITY FOR CERTAIN PROJECTS. 

10 The Water Infrastructure Finance and Innovation 

11 Act of 2014 (33 U.S.C. 3901 et seq.) is amended— 

12 (1) in section 5023(b)(3) (33 U.S.C. 

13 3902(b)(3)), by striking ‘‘under paragraph (8) or 

14 (10)’’ and inserting ‘‘under paragraphs (8), (10), 

15 (11), (12), or (13)’’; and 

16 (2) in section 5026 (33 U.S.C. 3905)— 

17 (A) in paragraph (10), by striking ‘‘or (8)’’ 

18 and inserting ‘‘(8), (11), (12), or (13)’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(11) A State-led storage project (as such term 

21 is defined in section 4007(a) of the Water Infra22 structure Improvements for the Nation Act (43 

23 U.S.C. 390b note)). 

24 ‘‘(12) Transferred works (as such term is de25 fined in section 9601 of the Omnibus Public Land 

26 Management Act of 2009 (43 U.S.C. 510)). 


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1 ‘‘(13) A congressionally authorized water re2 sources development project that is owned or oper3 ated by a non-Federal entity.’’. 

4 SEC. 4. COLLABORATIVE PROJECT DELIVERY METHODS. 

5 (a) IN GENERAL.—Section 5028 of the Water Infra6 structure Finance and Innovation Act of 2014 (33 U.S.C. 

7 3907) is amended— 

8 (1) by redesignating subsection (c) as sub9 section (d); and 

10 (2) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) COLLABORATIVE PROJECT DELIVERY METH13 ODS.— 

14 ‘‘(1) AUTHORIZATION.—The Secretary or the 

15 Administrator, as applicable, may select, in accord16 ance with this section, a project to be carried out 

17 using a collaborative project delivery method (con18 sistent with any applicable State or local law), in19 cluding a construction management at-risk method 

20 and a design-build method. 

21 ‘‘(2) DEFINITIONS.—In this subsection: 

22 ‘‘(A) COLLABORATIVE PROJECT DELIVERY

23 METHOD.—The term ‘collaborative project de24 livery method’ means a method for carrying out 

25 a capital project that involves close collaboraVerDate Sep 11 2014 01:08 Sep 27, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5664.IH H5664

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1 tion among the eligible entity, the owner of the 

2 project (if different from the eligible entity), the 

3 designer of the project, and the contractor for 

4 the project, from design through completion of 

5 construction. 

6 ‘‘(B) CONSTRUCTION MANAGEMENT AT7 RISK METHOD.—The term ‘construction man8 agement at-risk method’ means a collaborative 

9 project delivery method in which an engineering 

10 firm and a construction management at-risk 

11 firm are retained under 2 separate contracts for 

12 design and construction, respectively. 

13 ‘‘(C) DESIGN-BUILD METHOD.—The term 

14 ‘design-build method’ means a collaborative 

15 project delivery method under which a single 

16 lead contract is entered into with a design17 builder for design and construction.’’. 

18 (b) STUDY ON THE USE OF COLLABORATIVE

19 PROJECT DELIVERY METHODS.—Not later than 180 days 

20 after the date of enactment of this Act, the Administrator 

21 of the Environmental Protection Agency, in coordination 

22 with the Regional Administrators, and the Secretary of the 

23 Army, acting through the Chief of Engineers, shall carry 

24 out, and make public the results of, a study that— 


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1 (1) evaluates the use of collaborative project de2 livery methods in projects carried out using assist3 ance received under the Water Infrastructure Fi4 nance and Innovation Act of 2014 (33 U.S.C. 3901 

5 et seq.); 

6 (2) determines barriers to increased use of col7 laborative project delivery methods in such projects; 

8 (3) assesses the potential benefits of using col9 laborative project delivery methods in such projects; 

10 and 

11 (4) identifies areas of need to educate agency 

12 staff in collaborative project delivery method imple13 mentation and best practices. 

14 SEC. 5. MATURITY DATE. 

15 Section 5029(b)(5) of the Water Infrastructure Fi16 nance and Innovation Act of 2014 (33 U.S.C. 3908(b)(5)) 

17 is amended— 

18 (1) in subparagraph (B), by striking ‘‘The final 

19 maturity date’’ and inserting ‘‘Notwithstanding sub20 paragraphs (A) and (B), the final maturity date’’; 

21 (2) by redesignating subparagraph (B) as sub22 paragraph (C); and 

23 (3) by inserting after subparagraph (A) the fol24 lowing: 


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1 ‘‘(B) PROJECTS WITH A USEFUL LIFE OF

2 MORE THAN 35 YEARS.—Notwithstanding sub3 paragraph (A), for a project with a useful life 

4 of more than 35 years (as determined by the 

5 Secretary or the Administrator, as applicable), 

6 the final maturity date of a secured loan under 

7 this section shall be not later than the earlier 

8 of— 

9 ‘‘(i) the date that is 55 years after the 

10 date of substantial completion of the rel11 evant project (as determined by the Sec12 retary or the Administrator, as applicable); 

13 and 

14 ‘‘(ii) if the useful life of the project is 

15 less than 55 years, the useful life of the 

16 project.’’. 

17 SEC. 6. REAUTHORIZATION OF CORPS OF ENGINEERS 

18 WATER INFRASTRUCTURE FINANCING FUND19 ING. 

20 Section 5033 of the Water Resources Reform and De21 velopment Act of 2014 (33 U.S.C. 3912) is further 

22 amended— 

23 (1) by amending subsection (a)(3) to read as 

24 follows: 


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1 ‘‘(3) FISCAL YEARS 2023 THROUGH 2027.— 

2 There is authorized to be appropriated to carry out 

3 this subtitle, to remain available until expended— 

4 ‘‘(A) $68,000,000 to the Administrator for 

5 each of fiscal years 2023 through 2027; and 

6 ‘‘(B) $15,000,000 to the Secretary for 

7 each of fiscal years 2023 through 2027.’’; and 

8 (2) in subsection (b)(2), by striking ‘‘the Ad9 ministrator’’ and inserting ‘‘the Secretary or the Ad10 ministrator, as applicable,’’. 

11 SEC. 7. BUDGETARY TREATMENT OF CERTAIN AMOUNTS 

12 OF FINANCIAL ASSISTANCE. 

13 The Water Infrastructure Finance and Innovation 

14 Act of 2014 (33 U.S.C. 3901 et seq.) is amended by add15 ing at the end the following: 

16 ‘‘SEC. 5037. BUDGETARY TREATMENT OF CERTAIN 

17 AMOUNTS OF FINANCIAL ASSISTANCE. 

18 ‘‘If the recipient of financial assistance for a project 

19 under this subtitle is an eligible entity other than a Fed20 eral entity, agency, or instrumentality, and the dedicated 

21 sources of repayment of that financial assistance are non22 Federal revenue sources, such financial assistance shall, 

23 for purposes of budgetary treatment under the Federal 

24 Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)— 

25 ‘‘(1) be deemed to be non-Federal; and 


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1 ‘‘(2) be treated as a direct loan or loan guar2 antee (as such terms are defined, respectively, in 

3 such Act).’’. 

4 SEC. 8. REPORTS TO CONGRESS. 

5 (a) EPA REPORT.—Not later than 1 year after the 

6 date of enactment of this Act, the Administrator of the 

7 Environmental Protection Agency shall submit to Con8 gress a report on the implementation of— 

9 (1) section 4301 of America’s Water Infrastruc10 ture Act of 2018 (33 U.S.C. 3909 note); and 

11 (2) any agreement entered into under section 

12 5030(g) of the Water Infrastructure Finance and 

13 Innovation Act of 2014 (33 U.S.C. 3909(g)) pursu14 ant to such section 4301. 

15 (b) CORPS OF ENGINEERS REPORT.—Not later than 

16 1 year after the date of enactment of this Act, the Sec17 retary of the Army, acting through the Chief of Engineers, 

18 shall submit to Congress a report on the implementation 

19 of the Corps Water Infrastructure Financing Program 

20 carried out pursuant to the Water Infrastructure Finance 

21 and Innovation Act of 2014 (33 U.S.C. 3901 et seq.), in22 cluding issues pertaining to such implementation with re23 spect to levees and congressionally authorized projects de24 scribed in section 5026(1) of such Act. 


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1 (c) GAO REPORT.—Section 5034(b) of the Water In2 frastructure Finance and Innovation Act of 2014 (33 

3 U.S.C. 3913(b)) is amended— 

4 (1) in paragraph (1), by striking ‘‘Not later 

5 than 3 years after the date of enactment of the 

6 Water Resources Development Act of 2018’’ and in7 serting ‘‘Not later than 4 years after the date of en8 actment of the Water Infrastructure Finance and 

9 Innovation Act Amendments of 2023’’; and 

10 (2) in paragraph (2)— 

11 (A) by redesignating subparagraphs (B) 

12 and (C) as subparagraphs (C) and (D), respec13 tively, and inserting after subparagraph (A) the 

14 following: 

15 ‘‘(B) an evaluation of the implementation 

16 of this subtitle by the Secretary;’’; and 

17 (B) in subparagraph (D) (as so redesig18 nated)— 

19 (i) by inserting ‘‘evaluations and’’ be20 fore ‘‘recommendations’’; and 

21 (ii) by striking ‘‘subparagraphs (A) 

22 and (B)’’ and inserting ‘‘subparagraphs 

23 (A), (B), and (C)’’. 


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1 SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS. 

2 The Water Resources Reform and Development Act 

3 of 2014 (33 U.S.C. 2201 et seq.) is amended— 

4 (1) in section 1(b)— 

5 (A) in the item relating to the heading for 

6 subtitle C of title V, by striking ‘‘Pilot’’; 

7 (B) in the item relating to section 5034, by 

8 striking ‘‘pilot’’; and 

9 (C) by inserting after the item relating to 

10 section 5035 the following: 

‘‘5036. Outreach plan to small communities. 

‘‘5037. Budgetary treatment of certain amounts of financial assistance.’’; 

11 (2) in the heading for subtitle C of title V, by 

12 striking ‘‘Pilot’’; and 

13 (3) in section 5022(12), by striking ‘‘et.’’ and 

14 inserting ‘‘et’’. 

Æ 


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