S.Amdt. 2221

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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