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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 Com-
mittee on Transportation and Infrastructure
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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•HR 6359 IH
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.—The Secretary shall ensure that the design
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and construction of a project carried out with assist-
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ance under this section shall have appropriate pay-
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ment and performance security, regardless of wheth-
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er the obligor is a State, local government, agency
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or instrumentality of a State or local government,
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public authority, or private party. If such obligor is
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a State, local government, agency or instrumentality
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of a State or local government, or public authority,
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and payment and performance security is required
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to be furnished by applicable statute or regulation,
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the Secretary may accept such payment and per-
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formance security requirements applicable to the ob-
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ligor if the Secretary has made a written determina-
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tion that the Federal interest is adequately pro-
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tected. If a determination under this paragraph has
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not been made or there are no payment and per-
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formance security requirements applicable to the ob-
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ligor, the security under section 3131(b) of title 40
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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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