119-s570

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 570 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 570

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 SENATE OF THE UNITED STATES

 February 13, 2025

 Mr. Kelly (for himself and Mr. Cramer) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
 Public Works

_______________________________________________________________________

 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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