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Water Infrastructure Subcontractor and Taxpayer Protection Act of 2025
To amend the Water Infrastructure Finance and Innovation Act of 2014 to establish payment and performance security requirements for projects, and for other purposes.
Summary
The Water Infrastructure Subcontractor and Taxpayer Protection Act of 2025 amends the Water Infrastructure Finance and Innovation Act to establish payment and performance security requirements for water infrastructure projects receiving federal assistance. The bill requires that construction projects funded through WIFIA have payment and performance security of at least 50 percent of the total construction contract amount if such security is required by applicable state or local law. For projects in jurisdictions without state or local payment and performance security requirements, or where those requirements fall below the 50 percent threshold, the federal government must enforce federal bond requirements as specified in federal contracting law. These security measures protect subcontractors and workers by ensuring funds are available to pay them if a contractor defaults. The bill applies to all water infrastructure projects financed through the WIFIA program.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Kelly, Mark [D-AZ] (D-AZ)
2 cosponsors
- Sen. Cramer, Kevin [R-ND] (R-ND)
- Sen. Wicker, Roger F. [R-MS] (R-MS)
Actions (2)
- Feb 13, 2025 Read twice and referred to the Committee on Environment and Public Works. · senate
- Feb 13, 2025 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
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.”. <all>
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