II
119THCONGRESS
1
STSESSION 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
FEBRUARY13, 2025
Mr. K
ELLY(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 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
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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
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‘‘(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
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(1) and (2) of section 3131(b) of title 1
40, United States Code, be met.’’. 2
Æ
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