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Senate Bill 638
117th Congress(2021-2022)
Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act
Introduced
Introduced
Introduced in Senate on Mar 9, 2021
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Introduced in Senate 
Mar 9, 2021
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Introduced in Senate(Mar 9, 2021)
Mar 9, 2021
Not Scanned for Linkage
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
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S. 638 (Introduced-in-Senate)


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 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.