[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1219 Received in Senate (RDS)]
1st Session
H. R. 1219
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 1999
Received
_______________________________________________________________________
AN ACT
To amend the Miller Act, relating to payment protections for persons
providing labor and materials for Federal construction projects.
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 ``Construction Industry Payment
Protection Act of 1999''.
SEC. 2. AMENDMENTS TO THE MILLER ACT.
(a) Enhancement of Payment Bond Protection.--Subsection (a)(2) of
the first section of the Miller Act (40 U.S.C. 270a(a)(2)) is amended
by striking the second, third, and fourth sentences and inserting in
lieu thereof the following: ``The amount of the payment bond shall be
equal to the total amount payable by the terms of the contract unless
the contracting officer awarding the contract makes a written
determination supported by specific findings that a payment bond in
that amount is impractical, in which case the amount of the payment
bond shall be set by the contracting officer. In no case shall the
amount of the payment bond be less than the amount of the performance
bond.''.
(b) Modernization of Delivery of Notice.--Section 2(a) of the
Miller Act (40 U.S.C. 270b(a)) is amended in the last sentence by
striking ``mailing the same by registered mail, postage prepaid, in an
envelope addressed'' and inserting ``any means which provides written,
third-party verification of delivery.''.
(c) Nonwaiver of Rights.--The second section of the Miller Act (40
U.S.C. 270b) is amended by adding at the end the following new
subsection:
``(c) Any waiver of the right to sue on the payment bond required
by this Act shall be void unless it is in writing, signed by the person
whose right is waived, and executed after such person has first
furnished labor or material for use in the performance of the
contract.''.
SEC. 3. IMPLEMENTATION THROUGH THE GOVERNMENT-WIDE PROCUREMENT
REGULATIONS.
(a) Proposed Regulations.--Proposed revisions to the Government-
wide Federal Acquisition Regulation to implement the amendments made by
this Act shall be published not later than 120 days after the date of
the enactment of this Act and provide not less than 60 days for public
comment.
(b) Final Regulations.--Final regulations shall be published not
less than 180 days after the date of the enactment of this Act and
shall be effective on the date that is 30 days after the date of
publication.
Passed the House of Representatives August 2, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
By Martha C. Morrison,
Deputy Clerk.