[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2928 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2928

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

           September 26 (legislative day, September 22), 2023

 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 2023''.

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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