Title: Water Infrastructure Transparency Act
Policy area: Environmental Protection

Summary:
Water Infrastructure Transparency Act
This bill requires states to ensure open and free competition in procurement for water infrastructure projects that are funded by clean water state revolving funds, drinking water state revolving funds, and the Water Infrastructure Finance and Innovation Act program.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3121 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3121

  To amend the Federal Water Pollution Control Act, the Safe Drinking 
 Water Act, and the Water Infrastructure Finance and Innovation Act of 
 2014 to require maximum open and free competition in procurement for 
projects receiving assistance under those Acts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2018

   Mr. Paul introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Water Pollution Control Act, the Safe Drinking 
 Water Act, and the Water Infrastructure Finance and Innovation Act of 
 2014 to require maximum open and free competition in procurement for 
projects receiving assistance under those Acts, 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 Transparency 
Act''.

SEC. 2. CLEAN WATER STATE REVOLVING FUNDS.

    Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 
1383) is amended by adding at the end the following:
    ``(j) Maximum Open and Free Competition.--In providing assistance 
from the water pollution control revolving fund of the State 
established in accordance with this title for a project, the State 
shall ensure that--
            ``(1) to the maximum extent practicable, each procurement 
        transaction for the project is conducted in a manner that 
        provides maximum open and free competition;
            ``(2) in developing the specifications for the project, the 
        recipient considers the use of all materials normally suitable 
        for such a project that are commensurate with sound engineering 
        practices and project requirements; and
            ``(3) with respect to each solicitation of an offer for 
        procurement for the project, the offer--
                    ``(A) incorporates a clear and accurate description 
                of the technical requirements for the material, 
                product, or service to be procured; and
                    ``(B) defines the performance or other salient 
                requirements of the procurement.''.

SEC. 3. DRINKING WATER STATE REVOLVING FUNDS.

    Section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)) is amended by adding at the end the following:
            ``(5) Maximum open and free competition.--In providing 
        assistance from a State loan fund for a project, the State 
        shall ensure that--
                    ``(A) to the maximum extent practicable, each 
                procurement transaction for the project is conducted in 
                a manner that provides maximum open and free 
                competition;
                    ``(B) in developing the specifications for the 
                project, the public water system considers the use of 
                all materials normally suitable for such a project that 
                are commensurate with sound engineering practices and 
                project requirements; and
                    ``(C) with respect to each solicitation of an offer 
                for procurement for the project, the offer--
                            ``(i) incorporates a clear and accurate 
                        description of the technical requirements for 
                        the material, product, or service to be 
                        procured; and
                            ``(ii) defines the performance or other 
                        salient requirements of the procurement.''.

SEC. 4. WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 2014.

    Section 5028(a) of the Water Infrastructure Finance and Innovation 
Act of 2014 (33 U.S.C. 3907(a)) is amended by adding at the end the 
following:
            ``(7) Maximum open and free competition.--The Secretary or 
        the Administrator, as applicable, may not provide financial 
        assistance to a project under this subtitle unless--
                    ``(A) to the maximum extent practicable, each 
                procurement transaction for the project is conducted in 
                a manner that provides maximum open and free 
                competition;
                    ``(B) in developing the specifications for the 
                project, the eligible entity considers the use of all 
                materials normally suitable for such a project that are 
                commensurate with sound engineering practices and 
                project requirements; and
                    ``(C) with respect to each solicitation of an offer 
                for procurement for the project, the offer--
                            ``(i) incorporates a clear and accurate 
                        description of the technical requirements for 
                        the material, product, or service to be 
                        procured; and
                            ``(ii) defines the performance or other 
                        salient requirements of the procurement.''.
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