An original bill to address immediate problems affecting environmental cleanup activities.
PL 101-584 (S.3187), enacted 11/15/1990

104 STAT. 2872 
PUBLIC LAW 101-584—NOV. 15, 1990 
Public Law 101-584 
101st Congress 
An Act 
Nov. 15, 1990 
ro 91071 
To address immediate problems affecting environmental cleanup activities. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
Government 
SECTION 1. AMENDMENTS. 
S6CU 1
*
1 ti16S 
Section 119 of the Comprehensive Environmental Response, Com-
42 use 9619. 
pensation, and Liability Act of 1980, as amended, is amended— 
(1) by deleting the period at the end of subparagraph (B) in 
subsection (eX2) and inserting "; and"; 
(2) by adding at the end of subparagraph (B) of subsection 
(eX2) the following new subparagraph: 
"(C) any surety who after October 16, 1990, and before 
January 1, 1993 provides a bid, performance or paynaent 
bond to a response action contractor, and begins activities 
to meet its obligations under such bond, but only in connec-
tion with such activities or obligations."; and 
(3) by adding at the end thereof the following new subsection: 
"(g) SURETY BONDS.— 
"(1) If under the Miller Act, 40 U.S.C. sections 270a-270f, 
surety bonds are required for any direct Federal procurement of 
any response action contract, they shall be issued in accordance 
with 40 U.S.C. sections 270a-270d. 
"(2) If under applicable Federal law surety bonds are required 
for any direct Federal procurement of any response action 
contract, no right of action shall accrue on the performance 
bond issued on such response action contract to or for the use of 
any person other than the obligee named in the bond. 
'(3) If under applicable Federal law surety bonds are required 
for any direct Federal procurement of any response action 
contract, unless otherwise provided for by the procuring agency 
in the bond, in the event of a default, the surety's liability on a 
performance bond shall be only for the cost of completion of the 
contract work in accordance with the plans and specifications 
less the balance of funds remaining to be paid under the 
contract, up to the penal sum of the bond. The surety shall in no 
event be liable on bonds to indemnify or compensate the obligee 
for loss or liability arising from personal injury or property 
damage whether or not caused by a breach of the bonded 
contract. 
PUBLIC LAW 101-584—NOV. 15, 1990 
104 STAT. 2873 
"(4) Nothing in this subsection shall be construed as preempt-
ing, limiting, superseding, affecting, applying to, or modifying 
any State laws, regulations, requirements, rules, practices or 
procedures. Nothing in this subsection shall be construed as 
affecting, applying to, modifying, limiting, superseding, or 
preempting any rights, authorities, liabilities, demands, actions, 
causes of action, losses, judgments, claims, statutes of limita-
tion, or obligations under Federal or State law, which do not 
arise on or under the bond. 
"(5) This subsection shall not apply to bonds executed before 
October 17,1990, or after December 31,1992.". 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—S. 3187: 
SENATE REPORTS: No. 101-520 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 18, considered and passed Senate. 
Oct. 26, considered and passed House.