Title: Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act
Policy area: Transportation and Public Works

Summary:
Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act
This bill revises the transportation infrastructure finance and innovation program to require the Department of Transportation (DOT) to ensure that the design and construction of a project carried out under the program must have appropriate payment and performance security, regardless of whether the obligor is a state, local government, agency or instrumentality of a state or local government, public authority, or private party.
DOT may accept such payment and performance security requirements if it makes a written determination that the federal interest is adequately protected.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6359 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6359

    To amend title 23, United States Code, to include a payment and 
performance security requirement for certain infrastructure financing, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 2020

 Mr. Lynch (for himself, Mr. Balderson, Mr. Pappas, and Mr. Webster of 
   Florida) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To amend title 23, United States Code, to include a payment and 
performance security requirement for certain infrastructure financing, 
                        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 ``Promoting Infrastructure by 
Protecting Our Subcontractors and Taxpayers Act''.

SEC. 2. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT 
              SELECTION.

    (a) In General.--Section 602(c) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(3) Payment and performance security.--The Secretary 
        shall ensure that the design and construction of a project 
        carried out with assistance under this section shall have 
        appropriate payment and performance security, regardless of 
        whether the obligor is a State, local government, agency or 
        instrumentality of a State or local government, public 
        authority, or private party. If such obligor is a State, local 
        government, agency or instrumentality of a State or local 
        government, or public authority, and payment and performance 
        security is required to be furnished by applicable statute or 
        regulation, the Secretary may accept such payment and 
        performance security requirements applicable to the obligor if 
        the Secretary has made a written determination that the Federal 
        interest is adequately protected. If a determination under this 
        paragraph has not been made or there are no payment and 
        performance security requirements applicable to the obligor, 
        the security under section 3131(b) of title 40 shall be 
        required.''.
    (b) Applicability.--The amendments made by this Act shall apply 
with respect to any contract entered into on or after the date of 
enactment of this Act.
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