I 
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 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-
tives 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’’. 
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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
FEA-
TURES.—The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(ii) CONSTRUCTION
PAYMENT
AND 
PERFORMANCE SECURITY.— 
‘‘(I) IN
GENERAL.—The Sec-
retary or the Administrator, as appli-
cable, shall ensure that the construc-
tion of a project carried out with as-
sistance under this subtitle has pay-
ment and performance security in ac-
cordance 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— 
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‘‘(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 secu-
rity is not less than 50 percent of 
the total construction contract 
amount. 
‘‘(III) USE OF BONDS.—With re-
spect to the construction of a project 
to which no State or local payment 
and performance security require-
ments apply or for which the amount 
of payment and performance security 
under applicable State or local pay-
ment and performance requirements 
does not meet the requirement de-
scribed in subclause (II)(bb), the Sec-
retary or the Administrator, as appli-
cable, shall require, for purposes of 
satisfying subclause (I), that the re-
quirements described in paragraphs 
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(1) and (2) of section 3131(b) of title 
40, United States Code, be met.’’. 
Æ 
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