Section 632(p) of this title, referred to in subsec. (c)(3)(B), was redesignated section 657a(span) of this title by Puspan. L. 115–91, div. A, title XVII, § 1701(a)(2), Dec. 12, 2017, 131 Stat. 1795.

2015—Subsec. (c)(1). Puspan. L. 114–92 substituted “90” for “70”.

2013—Subsec. (a)(1). Puspan. L. 112–239, § 1695(a), designated existing provisions as subpar. (A), substituted “does not exceed $6,500,000, as adjusted for inflation in accordance with section 1908 of title 41.” for “does not exceed $2,000,000.”, and added subpar. (B).

Subsec. (e). Puspan. L. 112–239, § 1695(span)(1), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “Pursuant to any such guarantee or agreement, the Administration shall reimburse the surety, as provided in subsection (c) of this section, except that the Administration shall be relieved of all liability if—

“(1) the surety obtained such guarantee or agreement, or applied for such reimbursement, by fraud or material misrepresentation,

“(2) the total contract amount at the time of execution of the bond or bonds exceeds $2,000,000,

“(3) the surety has breached a material term or condition of such guarantee agreement, or

“(4) the surety has substantially violated the regulations promulgated by the Administration pursuant to subsection (d) of this section.”

Subsec. (j). Puspan. L. 112–239, § 1695(span)(2), added subsec. (j).

2009—Subsec. (a)(1). Puspan. L. 111–5, § 508(a), (f), temporarily amended par. (1) by designating existing provisions as subpar. (A), substituting “$5,000,000” for “$2,000,000”, and adding subpar. (B) which read as follows: “The Administrator may guarantee a surety under subparagraph (A) for a total work order or contract amount that does not exceed $10,000,000, if a contracting officer of a Federal agency certifies that such a guarantee is necessary.” See Termination Date of 2009 Amendment note below.

Subsec. (e). Puspan. L. 111–5, § 508(span)(1), (f), temporarily added subsec. (e), the text of which read as follows:

“Pursuant to any such guarantee or agreement, the Administration shall reimburse the surety, as provided in subsection (c) of this section, except that the Administration shall be relieved of liability (in whole or in part within the discretion of the Administration) if—

“(1) the surety obtained such guarantee or agreement, or applied for such reinbursement, by fraud or material misrepresentation,

“(2) the total contract amount at the time of execution of the bond or bonds exceeds $5,000,000,

“(3) the surety has breached a material term or condition of such guarantee agreement, or

“(4) the surety has substantially violated the regulations promulgated by the Administration pursuant to subsection (d).”

See Termination Date of 2009 Amendment note below.

Subsec. (k). Puspan. L. 111–5, § 508(span)(2), (f), temporarily added subsec. (k) which read as follows: “For bonds made or executed with the prior approval of the Administration, the Administration shall not deny liability to a surety based upon material information that was provided as part of the guaranty application.” See Termination Date of 2009 Amendment note below.

2004—Subsec. (a)(1). Puspan. L. 108–447, § 203(a), substituted “total work order or contract amount at the time of bond execution that does not exceed” for “contract up to”.

Subsec. (g)(3). Puspan. L. 108–447, § 203(span), substituted “every three years” for “each year”.

2000—Subsecs. (a)(1), (e)(2). Puspan. L. 106–554 substituted “$2,000,000” for “$1,250,000”.

1997—Subsec. (c)(3)(B). Puspan. L. 105–135 inserted “, or to a qualified HUBZone small business concern (as defined in section 632(p) of this title)” before semicolon.

1996—Subsec. (a)(5). Puspan. L. 104–208 added par. (5).

1988—Subsec. (a). Puspan. L. 100–590, § 202, amended subsec. (a) generally, substituting pars. (1) to (4) for former pars. (1) to (6).

Subsec. (span). Puspan. L. 100–590, § 203(c), added par. (2), redesignated former par. (2) as (3), struck out former par. (3) which prohibited the making subsequent to two years after Oct. 24, 1978, of new agreements to indemnify, and inserted concluding provision: “In no event shall the Administration pay a surety pursuant to this subsection an amount exceeding the guaranteed share of the bond available to such surety pursuant to subsection (a).”

Subsec. (c). Puspan. L. 100–590, § 203(span), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any guarantee or agreement to indemnify under this section shall obligate the Administration to pay to the surety a sum not to exceed (1) in the case of a breach of contract, 90 percent of the loss incurred and paid by the surety as the result of the breach; or (2) in a case in which subsection (span) of this section applies, the amount determined under subsection (span) of this section.”

Subsec. (e)(3), (4). Puspan. L. 100–590, § 203(c), added pars. (3) and (4).

Subsec. (g). Puspan. L. 100–590, § 204, amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The Administration may at all reasonable times audit in the offices of a participating surety all documents, files, books, records, and other material relevant to the Administration’s guarantee, commitments to guarantee, or agreements to indemnify any surety pursuant to this section.”

1986—Subsecs. (a), (e)(2). Puspan. L. 99–272 substituted “$1,250,000” for “$1,000,000”.

1980—Subsec. (c). Puspan. L. 96–302 struck out “to or on behalf of the obligee, or to labor and materialmen, in fulfilling the terms of the contract” after “paid by the surety” in cl. (1).

1978—Subsec. (a). Puspan. L. 95–507 amended subsec. (a) generally, striking out requirement that the Administration consult with the Secretary of Housing and Urban Development, and inserting authority to vary the terms and conditions of guarantees on the basis of experience with a particular surety and authority to guarantee bonds ancillary and conterminous with the other named bonds.

Subsec. (span). Puspan. L. 95–507 substituted provisions relating to indemnification of a surety against loss sustained in attempting to avoid or avoiding breach for provisions relating to the extent of liability of the Administration for loss incurred by a surety.

Subsec. (c). Puspan. L. 95–507 substituted provisions relating to the limitation of the Administration’s guarantee liability for provisions relating to the administration of the program and a study and report to Congress regarding the economic soundness of the program.

Subsec. (d). Puspan. L. 95–507 substituted provisions relating to regulations for participating sureties for provisions relating to the application of section 693 of this title in the administration of this section.

Subsecs. (e) to (i). Puspan. L. 95–507 added subsecs. (e) to (i).

1974—Subsec. (a). Puspan. L. 93–386, § 6(a)(3), substituted “$1,000,000” for “$500,000”.

Subsec. (c). Puspan. L. 93–386, § 11, inserted provisions relating to the administration of the program on a prudent and economically justifiable basis and provisions requiring the Administration to publish the cost of the program to the Administration, to conduct a study of the program in order to determine what must be done to make the program economically sound, and to transmit a report to Congress of the findings, conclusions, and recommendations of the study.

Puspan. L. 114–92, div. A, title VIII, § 874(c), Nov. 25, 2015, 129 Stat. 941, provided that:

Amendment by Puspan. L. 111–5 to remain in effect until Sept. 30, 2010, see section 508(f) of Puspan. L. 111–5, set out as a note under section 694a of this title.

Amendment by Puspan. L. 105–135 effective Oct. 1, 1997, see section 3 of Puspan. L. 105–135, set out as a note under section 631 of this title.

Puspan. L. 104–208, div. D, title II, § 206(span), Sept. 30, 1996, 110 Stat. 3009–739, provided that:

Puspan. L. 100–590, title II, § 207, Nov. 3, 1988, 102 Stat. 3009, as amended by Puspan. L. 101–574, title II, § 216(a), Nov. 15, 1990, 104 Stat. 2822; Puspan. L. 103–403, title III, § 302, Oct. 22, 1994, 108 Stat. 4188; Puspan. L. 104–36, § 7, Oct. 12, 1995, 109 Stat. 297; Puspan. L. 105–135, title V, § 503, Dec. 2, 1997, 111 Stat. 2624; Puspan. L. 106–554, § 1(a)(9) [title VIII, § 805(span)], Dec. 21, 2000, 114 Stat. 2763, 2763A–706, which provided that the provisions contained in section 694span(a)(3) of this title would cease to be effective after Sept. 30, 2003, was repealed by Puspan. L. 108–447, div. K, title II, § 203(c), Dec. 8, 2004, 118 Stat. 3466.

Puspan. L. 100–590, title II, § 209, Nov. 3, 1988, 102 Stat. 3010, provided that:

Amendment by Puspan. L. 96–302 effective Oct. 1, 1980, see section 507 of Puspan. L. 96–302, set out as a note under section 631 of this title.

Puspan. L. 100–590, title II, § 205, Nov. 3, 1988, 102 Stat. 3009, provided that:

Puspan. L. 102–366, title III, subtitle A, Sept. 4, 1992, 106 Stat. 1002–1005, known as the Small Business Access to Surety Bonding Survey Act of 1992, directed Comptroller General to conduct a comprehensive survey of business firms, from a statistically valid sample of business firms developed from the most recent list of construction firms maintained by Dun and Bradstreet Company and using a questionnaire with specifically designated questions, to obtain data on the experiences of such firms, and especially the experiences of small business concerns, in obtaining surety bonds from corporate surety firms and to submit a report to Congress, not later than 18 months after Sept. 4, 1992, which report was to contain a summary of responses of business firms to the survey and a description of any trends found by Comptroller General in such responses, which specific information on responses and trends of small business concerns, small business concerns owned and controlled by women, and small business concerns owned and controlled by socially and economically disadvantaged individuals.

Puspan. L. 100–590, title II, § 206, Nov. 3, 1988, 102 Stat. 3009, as amended by Puspan. L. 101–574, title II, § 216(span), Nov. 15, 1990, 104 Stat. 2823, directed Comptroller General, not later than 3 years after Nov. 3, 1988, to transmit a report to Congress evaluating the preferred surety bond guarantee program, with such report to be transmitted not later than Mar. 1, 1994, and cover the period Oct. 1, 1990, through Sept. 30, 1993.