[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1219 Reported in House (RH)]
<DOC>
[DOCID: f:h1219rh.txt]
106th CONGRESS
1st Session
H. R. 1219
[Report No. 106-277, Part I]
To amend the Office of Federal Procurement Policy Act and the Miller
Act, relating to payment protections for persons providing labor and
materials for Federal construction projects.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 1999
Mrs. Maloney of New York (for herself, Mr. Gekas, Mr. Horn, Mr. Nadler,
Mr. Kanjorski, Mr. Smith of Texas, Mr. Hinchey, Mr. Sessions, Mr.
Andrews, Mr. Davis of Virginia, Mr. Kucinich, and Mr. Filner)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Government Reform,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
July 30, 1999
Additional sponsors: Mr. Scarborough, Mr. Terry, Mr. Cunningham, Mr.
Hill of Montana, Mrs. Northup, Mr. Shows, Mr. Fattah, Mr. Kennedy of
Rhode Island, Mrs. Biggert, Mr. Bachus, Mr. Manzullo, and Mr. Klink
July 30, 1999
Reported from the Committee on Government Reform with amendments
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Office of Federal Procurement Policy Act and 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Construction Industry
Payment Protection Act of 1999''.</DELETED>
<DELETED>SEC. 2. ADDITIONAL RESPONSIBILITIES OF THE ADMINISTRATOR FOR
FEDERAL PROCUREMENT POLICY.</DELETED>
<DELETED> Section 6(d) of the Office of Federal Procurement Policy
Act (41 U.S.C. 405(d)) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (9), (10), (11),
(12), and (13), as aragraphs (10), (11), (12), (13), and (14),
respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (8) the following
new paragraph:</DELETED>
<DELETED> ``(9) establishing appropriate Government-wide
policies and assuring Government-wide implementation through
the Federal Acquisition Regulation of policies assuring the
timely payment of contractors, subcontractors, sureties, and
suppliers consistent with existing laws, including chapter 39
of title 31, United States Code (commonly known as the ``Prompt
Payment Act''), the Miller Act (40 U.S.C. 270a-270d-1), and
section 2091 of the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355; 108 Stat. 3306);''.</DELETED>
<DELETED>SEC. 3. AMENDMENTS TO THE MILLER ACT.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 4. IMPLEMENTATION THROUGH THE GOVERNMENT-WIDE PROCUREMENT
REGULATIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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.
Amend the title so as to read: ``A bill to amend the Miller
Act, relating to payment protections for persons providing
labor and materials for Federal construction projects.''.
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