IB 
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. NAD-
LER, Mr. KANJORSKI, Mr. SMITH of Texas, Mr. HINCHEY, Mr. SES-
SIONS, Mr. ANDREWS, Mr. DAVIS of Virginia, Mr. KUCINICH, and Mr. 
FILNER) introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion 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. KEN-
NEDY 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 con-
struction projects. 
Be it enacted by the Senate and House of Representa-
tives 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. ADDITIONAL RESPONSIBILITIES OF THE ADMINIS-
TRATOR FOR FEDERAL PROCUREMENT POL-
ICY. 
Section 6(d) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 405(d)) is amended— 
(1) by redesignating paragraphs (9), (10), (11), 
(12), and (13), as aragraphs (10), (11), (12), (13), 
and (14), respectively; and 
(2) by inserting after paragraph (8) the fol-
lowing new paragraph: 
‘‘(9) establishing appropriate Government-wide 
policies and assuring Government-wide implementa-
tion 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 Ac-
quisition Streamlining Act of 1994 (Public Law 
103–355; 108 Stat. 3306);’’. 
SEC. 3. AMENDMENTS TO THE MILLER ACT. 
(a) ENHANCEMENT OF PAYMENT BOND PROTEC-
TION.—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 spe-
cific findings that a payment bond in that amount is im-
practical, 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 writ-
ten, 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 writ-
ing, signed by the person whose right is waived, and exe-
cuted after such person has first furnished labor or mate-
rial for use in the performance of the contract.’’. 
SEC. 4. 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 pub-
lished not later than 120 days after the date of the enact-
ment 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 en-
actment of this Act and shall be effective on the date that 
is 30 days after the date of publication. 
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 PROTEC-
TION.—Subsection (a)(2) of the first section of the Miller 
Act (40 U.S.C. 270a(a)(2)) is amended by striking the sec-
ond, third, and fourth sentences and inserting in lieu there-
of 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 con-
tract makes a written determination supported by specific 
findings that a payment bond in that amount is imprac-
tical, 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 perform-
ance bond.’’. 
(b) MODERNIZATION OF DELIVERY OF NOTICE.—Sec-
tion 2(a) of the Miller Act (40 U.S.C. 270b(a)) is amended 
in the last sentence by striking ‘‘mailing the same by reg-
istered 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 writ-
ing, signed by the person whose right is waived, and exe-
cuted 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 im-
plement the amendments made by this Act shall be pub-
lished not later than 120 days after the date of the enact-
ment of this Act and provide not less than 60 days for pub-
lic comment. 
(b) FINAL REGULATIONS.—Final regulations shall be 
published not less than 180 days after the date of the enact-
ment 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.’’. 
Æ