Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act

Bill: 117-s-638
Sponsor: full_name: Sen. Van Hollen, Chris [D-MD]
Introduced: 2021-03-09
Policy area: Transportation and Public Works
Subjects: Infrastructure development

Public contracts and procurement

Roads and highways

State and local finance

Transportation programs funding
Latest action: action_date: 2021-03-09
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2021-03-09
action_desc: Introduced in Senate
text: <p><b>Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act</b></p> <p>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.</p> <p>DOT may accept such payment and performance security requirements if it makes a written determination that the federal interest is adequately protected.</p>

tv_txt: II 117th CONGRESS 1st Session S. 638 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Van Hollen (for himself and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 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.

1. Short title This Act may be cited as the Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act . 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.