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II
117TH CONGRESS
1ST SESSION
S. 638
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 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 infra-
structure financing, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Promoting Infrastruc-
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ture by Protecting Our Subcontractors and Taxpayers
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Act’’.
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•S 638 IS
SEC. 2. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY
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AND PROJECT SELECTION.
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(a) IN GENERAL.—Section 602(c) of title 23, United
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States Code, is amended by adding at the end the fol-
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lowing:
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‘‘(3) PAYMENT
AND
PERFORMANCE
SECU-
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RITY.—
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‘‘(A) IN
GENERAL.—The Secretary shall
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ensure that the design and construction of a
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project carried out with assistance under the
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TIFIA program shall have appropriate payment
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and performance security, regardless of whether
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the obligor is a State, local government, agency
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or instrumentality of a State or local govern-
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ment, public authority, or private party.
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‘‘(B) WRITTEN DETERMINATION.—If pay-
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ment and performance security is required to be
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furnished by applicable statute or regulation,
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the Secretary may accept such payment and
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performance security requirements applicable to
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the obligor if the Secretary has made a written
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determination that the Federal interest with re-
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spect to Federal funds and other project risk
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related to design and construction is adequately
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protected.
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•S 638 IS
‘‘(C) NO DETERMINATION OR APPLICABLE
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REQUIREMENTS.—If a determination under this
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paragraph has not been made or there are no
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payment and performance security requirements
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applicable to the obligor, the security under sec-
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tion 3131(b) of title 40 shall be required.’’.
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(b) APPLICABILITY.—The amendments made by this
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Act shall apply with respect to any contract entered into
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on or after the date of enactment of this Act.
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Æ
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