Sec. 839. Surety bond requirements and amount of guarantee
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Chapter 93 of subtitle VI of title 31, United States Code, is amended— by adding at the end the following: If another applicable law or regulation permits the acceptance of a bond from a surety that is not subject to sections 9305 and 9306 and is based on a pledge of assets by the surety, the assets pledged by such surety shall— consist of eligible obligations described under section 9303(a); and be submitted to the official of the Government required to approve or accept the bond, who shall deposit the assets with a depository described under section 9303(b). ; and in the table of contents for such chapter, by adding at the end the following: 9310.
Individual sureties. . Section 411(c)(1) of the Small Business Investment Act of 1958 ( 15 U.S.C. 694b(c)(1) ) is amended by striking 70 and inserting 90 . The Comptroller General of the United States shall carry out a study on the following: All instances during the 10-year period beginning on January 31, 2006, in which a surety bond proposed or issued by a surety in connection with a Federal project was— rejected by a Federal contracting officer; or accepted by a Federal contracting officer, but was later found to have been backed by insufficient collateral or to be otherwise deficient or with respect to which the surety did not perform.
The consequences to the Federal Government, subcontractors, and suppliers of the instances described under subparagraph (A). The percentages of all Federal contracts that were awarded to new startup businesses (including new startup businesses that are small disadvantaged businesses or disadvantaged business enterprises), small disadvantaged businesses, and disadvantaged business enterprises as prime contractors during— the 2-year period beginning on January 31, 2014 and ending on January 31, 2016; and the 2-year period beginning on January 31, 2016 and ending on January 31, 2018.
An assessment of the impact of the amendments made by this section upon the percentages described in subparagraph (C). Not later than January 31, 2019, the Comptroller General shall issue a report to the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate containing all findings and determinations made in carrying out the study required under paragraph (1). In this subsection: The term disadvantaged business enterprise has the meaning given that term under section 26.5 of title 49, Code of Federal Regulations.
The term new startup business means a business that was formed in the 2-year period ending on the date on which the business bids on a Federal contract that requires giving a surety bond. The term small disadvantaged business has the meaning given the term socially and economically disadvantaged small business concern under section 8(a)(4) of the Small Business Act ( 15 U.S.C. 637(a)(4) ).
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