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 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1641 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1641

    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 8, 2021

  Mr. Lynch (for himself and Mr. Balderson) 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.--
                    ``(A) In general.--The Secretary shall ensure that 
                the design and construction of a project carried out 
                with assistance under the TIFIA program 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.
                    ``(B) Written determination.--If 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 with respect to Federal funds and other 
                project risk related to design and construction is 
                adequately protected.
                    ``(C) No determination or applicable 
                requirements.--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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