A section of the law includes an amendment requiring payment and performance security on all federally financed infrastructure projects receiving TIFIA loans and grants. This amendment extends protections for P3 projects, when the federal government is not a named party to the contract. This amendment also broadens the bonding requirements and related protections by extending the Federal Miller Act to state-level projects where the involvement of the federal government is only by providing at least some of the project funding.
Since 1935 the Federal Miller Act has applied in some form to protect payments to laborers and suppliers “for the construction, alteration, or repair of any public building or public work of the Federal Government.”
