[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2221. Mr. VAN HOLLEN (for himself, Mr. Rounds, and Ms. Ernst) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. 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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