Text: H.R.1219 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-49 (08/17/1999)

 
[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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