[106th Congress Public Law 49]
[From the U.S. Government Printing Office]
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[DOCID: f:publ049.106]
[[Page 113 STAT. 231]]
Public Law 106-49
106th Congress
An Act
To amend the Miller Act, relating to payment protections for persons
providing labor and materials for Federal construction
projects. <<NOTE: Aug. 17, 1999 - [H.R. 1219]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Construction Industry
Payment Protection Act of 1999. 40 USC 270a note.>> 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. <<NOTE: Deadlines.>> IMPLEMENTATION THROUGH THE GOVERNMENT-WIDE
PROCUREMENT REGULATIONS.
(a) Proposed Regulations.--Proposed <<NOTE: 40 USC 270a note.>>
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.
[[Page 113 STAT. 232]]
(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.
Approved August 17, 1999.
LEGISLATIVE HISTORY--H.R. 1219:
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HOUSE REPORTS: No. 106-277, Pt. 1 (Comm. on Government Reform).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Aug. 2, considered and passed House.
Aug. 5, considered and passed Senate.
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