An Act to require that contracts for construction, alteration, or repair of any public building or public work of the District of Columbia be accompanied by a performance bond protecting the District of Columbia and by an additional bond for the protection of persons furnishing material and labor, and for other purposes
PL 90-455 (S.1532), enacted 08/03/1968

628 
PUBLIC LAW 90-455-AUG. 3, 1968 
[82 STAT. 
16 u s e 757 a-
757f. 
Lakes Fisheries Conservation Act of October 30,1965 (79 Stat. 1125), 
the needs and opportunities for protecting and restoring estuaries in 
accordance with the purposes of this Act. In approving grants made 
pursuant to said laws for the acquisition of all or part of an esituarine 
area by a State, the Secretary shall establish such terms and conditions 
as he deems desirable to insure the permanent protection of such areas, 
including a provision that the lands or interests therein shall not be 
disposed of by sale, lease, donation, or exchange without the prior 
approval of the Secretary. 
SEC. 6. Nothing in this Act shall be construed to affect the authority 
of any Federal agency to carry out any Federal project heretofore or 
hereafter authorized within an estuary. 
Approved August 3, 1968. 
August 3,1968 
[S.1532] 
D.C. public 
works. 
Bonds. 
Performance 
bond. 
Payment bond. 
Public Law 90-455 
AN ACT 
_To require that contracts for construction, alteration, or repair of any public 
building or public work of the District of Columbia be accompanied by a per-
formance bond protecting the District of Columbia and by an additional bond 
for the protection of persons furnishing material and labor, and for other 
purposes. 
Be it enacted hy the Senate and. House of Representatives 
of the 
United States of America in CongresH assemibled^ That (a) before any 
contract, exceeding $2,000 in amount, for the construction, alteration, 
or repair of any public building or public work of the District of 
Columbia is awarded to any person, such person shall furnish to the 
District of Columbia the following bonds, which shall become binding 
upon the award of the contract to such person, who is hereinafter 
designated as "contractor": 
(1) A performance bond with a surety or sureties satisfactory to 
the Commissioners of the District of Columbia, and in such amount 
as they shall deem adequate, for the protection of the District of 
Columbia. 
(2) A payment bond with a surety or sureties satisfactory to the 
Commissioners for the protection of all persons supplying labor and 
material in the prosecution of the work provided for in said contract 
for the use of each such person. Whenever the total amount payable 
by the terms of the contract shall be not more than $1,000,000 the pay-
ment bond shall be in a sum equal to one-half the total amount payable 
by the terms of the contract. Whenever the total amount payable by 
the terms of the contract shall be more thtin $1,000,000 and not more 
than $5,000,000, the said payment bond shall be in a sum equal to 40 
per centum of the total amount payable by the terms of the contract. 
Whenever the total amount payable by the terms of the contract shall 
be more than $5,000,000 the payment bond shall be in the sum of 
$2,500,000. 
(b) Nothing in this section shall be construed to limit the authority 
of the Commissioners to require a performance bond or other security 
in addition to those, or in cases other than the cases specified in subsec-
tion (a) of this section. 
SEC. 2. (a) Every person who has furnished labor or material in 
the prosecution of the w^ork provided for in such contract, in respect 
of which a payment bond is furnished under this Act and who has not 
been paid in full therefor before the expiration of a period of ninety 
days after the day on which the last of the labor was done or per-
formed by him or material was furnished or supplied by him for which 
such claim is made, shall have the right to sue on such payment 
82 STAT. ] 
PUBLIC LAW 90-455-AUG. 3, 1968 
629 
bond for the amount, or the balance thereof, unpaid at the time of 
institution of such suit and to prosecute said action to final judgment 
and execution for the sum or sums justly due him: Provided^ That 
any person having direct contractual relationship with a subcon-
tractor but no contractual relationship, express or implied, with the 
contractor furnishing the payment bondj shall have a right of action 
upon the payment bond upon giving written notice to the contractor 
within ninety days from the date on which such j)erson did or per-
formed the last of the labor, or furnished or supplied the last of the 
material for which such claim is made, stating with substantial 
accuracy the amount claimed and the name of the party to whom the 
material was furnished or supplied or for whom the labor was done 
or performed. Such notice shall be served by mailing the same by 
registered mail, postage prepaid, in an envelope addressed to the 
contractor at any place he maintains an office or conducts his business, 
or his residence, or in any manner in which the United States marshal 
for the District of Columbia is authorized by law to serve summons. 
(b) Every suit instituted under this section shall be brought in the 
name of the District of Columbia for the use of the person suing, in 
the United States District Court for the District of Columbia, irre-
spective of the amount in controversy in such suit, but no such suit 
shall be commenced after the expiration of one year after the day on 
which the last of the labor was performed or material was supplied 
by him. The District of Columbia shall not be liable for the payment 
of any costs or expenses of any such suit. 
SEC. 3. The Commissioners are authorizsd and directed to furnish, 
to any person making application therefor who submits an affidavit 
that he has supplied labor or materials for such work and payment 
therefor has not been made or that he is being sued on any such bond, 
a certified copy of such bond and the contract for which it was given, 
which copy shall be prima facie evidence of the contents, execution, 
and delivery of the original. Applicants shall pay for such certified 
copies such fees as the Commissioners fix to cover the cost of prepara-
tion thereof. 
SEC. 4. The Act entitled "An Act in relation to contracts with the 
District of Columbia", approved June 28, 1906 (34 Stat. 546), as 
amended by the Act approved June 26,1912 (37 Stat. 168; D.C. Code, 
sees. 1-805 and 1-806) is amended by striking "$1,000" therefrom, and 
inserting in lieu thereof "$2,000". 
SEC. 5. Section 1 of the Act entitled "An Act regulating the retent 
on contracts w4th the District of Columbia" approved March 31, 1906 
(34 Stat. 94), as amended (D.C. Code, sec. 1-807), is amended by 
inserting immediately before the semicolon the following:", and when-
ever the work is substantially complete, the Commissioners, if they 
consider the amount retained to be in excess of the amount adequate 
for the protection of the District of Columbia, at their discretion m.ay 
release to the contractor all or a portion of such excess amount". 
SEC. 6. As used in this Act, the term "person" and the masculine 
Definitions, 
pronoun shall include all persons whether individuals, associations, 
copartnerships, or corporations, and the terms "Commissioners of the 
District of Columbia" and "Commissioners" mean the Board of Com-
missioners of the District of Columbia or their designated agents. 
SEC. 7. The Act entitled "An Act to require a contractor to whom 
Repeal, 
is awarded any contract for public buildings or other public works 
or for repairs or improvements thereon for the District of Columbia 
to give bond for the faithful performance of the contract, for the 
protection of persons furnishing labor and materials, and for other 
purposes", approved July 7, 1932 (47 Stat. 608), as amended (D.C. 
Code, sec. 1-804), is repealed, except that such Act shall remain in 
Exceptions. 
630 
PUBLIC LAW 90-456-AUG. 3, 1968 
[82 STAT. 
Effective date. 
81 Stat. 951. 
D . C Code title 
1 app. 
81 Stat. 949. 
force with respect to contracts for which invitations for bids have been 
issued on or before the effective date of this Act, and to persons or 
bonds in respect of such contracts. 
SEC. 8. This Act shall take effect upon the expiration of sixty days 
after the date of its enactment, but shall not apply to any contract 
awarded pursuant to any invitation for bids issued on or before the 
date it takes effect, or to any person or bond in respect of any such 
contract. 
SEC. 9. Effective on the effective date of this Act or on the effective 
date of part IV of Reorganization Plan No. 3 of 1967, whichever is 
later, the functions vested in the Board of Commissioners by this Act 
shall be deemed to be vested in tlie Commissioner appointed pursuant 
to part I I I of such plan. 
Approved August 3, 1968. 
August 3,1968 
[S.J. Res. 193] 
Public Law 90-456 
JOINT RESOLUTION 
To designate the National Center for liioniedieal Conmiunications tlie Lister 
Hill National Center for Biomedical Communications. 
Lister Hill 
National Center 
for Biomedical 
C ommunic ations. 
Designation. 
Whereas, during his long and distinguished career in the Congress, 
Senator Lister Hill has achieved more forward-looking legislation 
relating to improved health and educational opportunities for the 
American people than any other individual in the history of this 
body; and 
AVhereas, Senator Hill's legislative interests in health, in education, 
and in libraries are epitomized in the National Library of Medicine, 
to whose establishment and development Senator Hill has paid par-
ticular attention during the course of his career; and 
Whereas, a National Center for Biomedical Communications to be 
constructed and k)cated as a part of this Library has been proposed 
by two legislators of the House, the late John E. Fogarty of Rhode 
Island, and Paul G. Eogers of Florida; and further that this Center 
has been strongly endorsed by representatives of the scientific com-
munity as an urgently required facility for the improvement of 
communications necessary for health education, research, and prac-
tice; and further that this Center would function to contribute 
enduringly to the life-long objectives of Senator Hill's legislative 
career: Be it therefore 
Resolved hy the Senate and House of R e 
present at 
tves of the United 
States of America in Congress assembled. That this Center be named 
and designated as the Lister Hill National Center for Biomedical 
Communications, thus perpetuating the name of the distinguished 
Senator from Alabama, and the legislative interests of his long and 
fruitful career in the United States Senate. 
Approved August 3, 1968.