H.R. 1641House117th Congress (2021-2023)In Committee

Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act

AI-Generated Summary

Updated February 7, 2026 at 11:53 PM UTC

The bill adds a new requirement that any infrastructure project receiving financing through the TIFIA program must have appropriate payment and performance security to protect federal funds. It applies to all types of obligors—state, local, public authorities, or private parties—and ensures the Secretary of Transportation can accept existing security requirements if a written determination shows federal interests are protected. If no such determination exists, the obligor must provide security under existing law. The rule takes effect for contracts entered into after the law is enacted, affecting future TIFIA‑funded projects and the taxpayers who fund them.

Key Provisions

Adds a new subsection on payment and performance security to 23 U.S.C. §602(c) for TIFIA‑eligible projects
Requires the Secretary of Transportation to ensure appropriate payment and performance security for TIFIA‑assisted design and construction, regardless of obligor type
Allows the Secretary to accept existing security requirements if a written determination finds federal interests adequately protected
If no determination or existing requirements, obligors must provide security under 40 U.S.C. §3131(b)
Applies to any contract entered into on or after the enactment date

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Highways and Transit.

Highways and Transit Subcommittee

March 9, 2021

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HouseIntro Referral

Introduced in House

March 8, 2021

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

Transportation and Infrastructure Committee

March 8, 2021

HouseCommittee

Referred to the Subcommittee on Highways and Transit.

Highways and Transit Subcommittee

March 9, 2021

Bill Text

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Introduced in HouseIssued March 8, 2021

117th CONGRESS

1st Session

H. R. 1641

IN THE HOUSE OF REPRESENTATIVES

March 8, 2021

Mr. Lynch (for himself and Mr. Balderson) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

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.

Short title

This Act may be cited as the Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act.

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.