< Back to H.R. 3595 (105th Congress, 1997–1998)

Text of the Superfund Improvement Act of 1998

This bill was introduced on March 30, 1998, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 30, 1998 (Introduced).

Source: GPO

HR 3595 IH

105th CONGRESS

2d Session

H. R. 3595

To reauthorize the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

IN THE HOUSE OF REPRESENTATIVES

March 30, 1998

Mr. MANTON (for himself, Mr. DINGELL, Mr. SPRATT, Mr. HALL of Texas, Mr. BOUCHER, Mr. KLINK, Mr. STUPAK, Mr. GORDON, Mr. RUSH, Mr. SAWYER, Ms. MCCARTHY of Missouri, Mr. STRICKLAND, Mr. BROWN of Ohio, Mr. DEUTSCH, Ms. ESHOO, Ms. FURSE, Mr. WAXMAN, Mr. MARKEY, Mr. WYNN, Mr. GREEN, Ms. DEGETTE, Mr. TOWNS, Mr. ENGEL, Mr. HINCHEY, Mrs. LOWEY, Mr. MEEKS of New York, Mrs. MCCARTHY of New York, Mr. ACKERMAN, and Mr. KANJORSKI) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To reauthorize the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Superfund Improvement Act of 1998’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

Subtitle A--Innocent Landowners and Prospective Purchaser Liability

      Sec. 101. Innocent landowners.

      Sec. 102. Limitations on liability for response costs for prospective purchasers.

      Sec. 103. Contiguous or nearby properties.

Subtitle B--Brownfield Remediation and Environmental Cleanup

      Sec. 111. Brownfields title.

      Sec. 112. Expenditures from Superfund.

Subtitle C--State Voluntary Response Programs

      Sec. 121. State voluntary response programs.

TITLE II--LIABILITY

      Sec. 201. Liability exemptions and limitations.

      Sec. 202. Scope of rulemaking authority.

      Sec. 203. Extension relating to sureties.

      Sec. 204. Expedited final settlements.

      Sec. 205. Information gathering and access.

      Sec. 206. Compliance with administrative orders.

      Sec. 207. Civil proceedings.

      Sec. 208. Settlement negotiations and allocation of responsibility for certain facilities.

      Sec. 209. Enhancement of settlement authorities.

      Sec. 210. Recycling transactions.

      Sec. 211. Definitions.

TITLE III--REMEDY

      Sec. 301. Amendments relating to selection of remedial action.

      Sec. 302. Authorities for institutional controls.

      Sec. 303. Removal actions.

TITLE IV--COMMUNITY PARTICIPATION AND HUMAN HEALTH

Subtitle A--Community Participation

      Sec. 401. Definitions.

      Sec. 402. Public participation.

      Sec. 403. Waste site information offices.

      Sec. 404. Community advisory groups.

      Sec. 405. Technical outreach services for communities.

      Sec. 406. Recruitment and training program.

      Sec. 407. Facility scoring.

Subtitle B--Human Health

      Sec. 411. Disease registry and health care providers.

      Sec. 412. Substance profiles.

      Sec. 413. Health studies.

      Sec. 414. Grant awards, contracts, and community assistance activities.

      Sec. 415. Indian health provisions.

      Sec. 416. Public health recommendations in remedial actions.

Subtitle C--General Provisions

      Sec. 421. Transition.

TITLE V--NATURAL RESOURCE DAMAGES

      Sec. 501. Statute of limitations.

      Sec. 502. Coordination with remedy and coordination among trustees.

      Sec. 503. Use of recovered sums.

      Sec. 504. Use of Superfund for natural resource damage assessments.

TITLE VI--FEDERAL FACILITIES

      Sec. 601. Federal entities and facilities.

      Sec. 602. Adjoining States.

      Sec. 603. Enforceability of Federal compliance agreements.

      Sec. 604. Requirements relating to property transferred by Federal agencies.

      Sec. 605. Innovative technologies for remedial action at Federal facilities.

TITLE VII--STATE ROLES

      Sec. 701. Delegation of authority to States.

      Sec. 702. State cost share.

      Sec. 703. Conforming and miscellaneous amendments.

      Sec. 704. State role at Federal facilities.

TITLE VIII--FUNDING

      Sec. 801. Authorization of appropriations.

      Sec. 802. Orphan share funding.

      Sec. 803. Agency for Toxic Substances and Disease Registry.

      Sec. 804. Limitations on research, development, and demonstration programs.

      Sec. 805. Authorization of appropriations from general revenues.

      Sec. 806. Additional limitations.

      Sec. 807. Uses of the fund.

      Sec. 808. Worker training and education grants.

TITLE IX--MISCELLANEOUS

      Sec. 901. Small business ombudsman.

      Sec. 902. Consideration of local government cleanup priorities.

      Sec. 903. Report and oversight requirements.

      Sec. 904. Reimbursement to State and local governments.

TITLE X--5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND

      Sec. 1001. Extension of Hazardous Substance Superfund.

TITLE I--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

Subtitle A--Innocent Landowners and Prospective Purchaser Liability

SEC. 101. INNOCENT LANDOWNERS.

    (a) ENVIRONMENTAL SITE ASSESSMENT- Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the end the following new subsection:

    ‘(o) INNOCENT LANDOWNERS-

      ‘(1) CONDUCT OF ENVIRONMENTAL ASSESSMENT- A person who has acquired real property shall have made all appropriate inquiry within the meaning of subparagraph (B) of section 101(35) if he establishes that, within 180 days prior to the time of acquisition, an environmental site assessment of the real property was conducted which meets the requirements of paragraph (2).

      ‘(2) DEFINITION OF ENVIRONMENTAL SITE ASSESSMENT- For purposes of this subsection, the term ‘environmental site assessment’ means an assessment conducted in accordance with the standards set forth in the American Society for Testing and Materials (ASTM) Standard E1527, titled ‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’ or with alternative standards issued by rule by the President or promulgated or developed by others and designated by rule by the President. Before issuing or designating alternative standards, the President shall first conduct a study of commercial and industrial practices concerning environmental site assessments in the transfer of real property in the United States. Any such standards issued or designated by the President shall also be deemed to constitute commercially reasonable and generally accepted standards and practices for purposes of this paragraph. In issuing or designating any such standards, the President shall consider requirements governing each of the following:

        ‘(A) Interviews of owners, operators, and occupants of the property to determine information regarding the potential for contamination.

        ‘(B) Review of historical sources as necessary to determine previous uses and occupancies of the property since the property was first developed. For purposes of this subclause, the term ‘historical sources’ means any of the following, if they are reasonably ascertainable: recorded chain of title documents regarding the real property, including all deeds, easements, leases, restrictions, and covenants, aerial photographs, fire insurance maps, property tax files, USGS 7.5 minutes topographic maps, local street directories, building department records, zoning/land use records, and any other sources that identify past uses and occupancies of the property.

        ‘(C) Determination of the existence of recorded environmental cleanup liens against the real property which have arisen pursuant to Federal, State, or local statutes.

        ‘(D) Review of reasonably ascertainable Federal, State, and local government records of sites or facilities that are likely to cause or contribute to contamination at the real property, including, as appropriate, investigation reports for such sites or facilities; records of activities likely to cause or contribute to contamination at the real property, including landfill and other disposal location records, underground storage tank records, hazardous waste handler and generator records and spill reporting records; and such other reasonably ascertainable Federal, State, and local government environmental records which could reflect incidents or activities which are likely to cause or contribute to contamination at the real property.

        ‘(E) A visual site inspection of the real property and all facilities and improvements on the real property and a visual inspection of immediately adjacent properties, including an investigation of any hazardous substance use, storage, treatment, and disposal practices on the property.

        ‘(F) Any specialized knowledge or experience on the part of the landowner.

        ‘(G) The relationship of the purchase price to the value of the property if uncontaminated.

        ‘(H) Commonly known or reasonably ascertainable information about the property.

        ‘(I) The obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate investigation.

      A record shall be considered to be ‘reasonably ascertainable’ for purposes of this paragraph if a copy or reasonable facsimile of the record is publicly available by request (within reasonable time and cost constraints) and the record is practically reviewable.

      ‘(3) APPROPRIATE INQUIRY- A person shall not be treated as having made all appropriate inquiry under paragraph (1) unless--

        ‘(A) the person has maintained a compilation of the information reviewed and gathered in the course of the environmental site assessment;

        ‘(B) the person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop on-going releases, prevent threatened future releases of hazardous substances, and prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; and

        ‘(C) the person provides full cooperation, assistance, and facility access to persons authorized to conduct response actions or natural resource restoration at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action or natural resource restoration at the facility.’.

    (b) CROSS REFERENCE- Section 101(35)(B) (42 U.S.C. 9601(35)(B)) is amended by inserting after ‘all appropriate inquiry’ the following: ‘(as specified in section 107(o))’.

SEC. 102. LIMITATIONS ON LIABILITY FOR RESPONSE COSTS FOR PROSPECTIVE PURCHASERS.

    (a) LIMITATIONS ON LIABILITY- Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection:

    ‘(p) LIMITATIONS ON LIABILITY FOR PROSPECTIVE PURCHASERS- Notwithstanding paragraphs (1) through (4) of subsection (a), to the extent the liability of a person, with respect to a release or the threat of a release from a facility, is based solely on subsection (a)(1), the person shall not be liable under this Act if the person--

      ‘(1) is a bona fide prospective purchaser of the facility; and

      ‘(2) does not impede the performance of any response action or natural resource restoration at a facility.’.

    (b) PROSPECTIVE PURCHASER AND WINDFALL LIEN- Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (as amended by subsection (a)) is amended by adding after subsection (p) the following new subsection:

    ‘(q) PROSPECTIVE PURCHASER AND WINDFALL LIEN-

      ‘(1) IN GENERAL- In any case in which there are unrecovered response costs at a facility for which an owner of the facility is not liable by reason of subsection (p), and the conditions described in paragraph (3) are met, the United States shall have a lien on the facility, or may obtain, from the appropriate responsible party or parties, a lien on other property or other assurances of payment satisfactory to the Administrator, for the unrecovered costs.

      ‘(2) AMOUNT; DURATION- The lien--

        ‘(A) shall be for an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of a subsequent sale or other disposition of the property;

        ‘(B) shall arise at the time costs are first incurred by the United States with respect to a response action at the facility;

        ‘(C) shall be subject to the requirements for notice and validity specified in subsection (l)(3); and

        ‘(D) shall continue until the earlier of satisfaction of the lien or recovery of all response costs incurred at the facility.

      ‘(3) CONDITIONS- The conditions referred to in paragraph (1) are the following:

        ‘(A) RESPONSE ACTION- A response action for which there are unrecovered costs is carried out at the facility.

        ‘(B) FAIR MARKET VALUE- The response action increases the fair market value of the facility above the fair market value of the facility that existed on the date that is 180 days before the response action was commenced.’.

    (c) DEFINITION OF BONA FIDE PROSPECTIVE PURCHASER- Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following:

      ‘(39) BONA FIDE PROSPECTIVE PURCHASER- The term ‘bona fide prospective purchaser’ means a person who acquires ownership of a facility after the date of enactment of the Superfund Improvement

Act of 1998, or a tenant of such a person, who can establish each of the following by a preponderance of the evidence:

        ‘(A) DISPOSAL PRIOR TO ACQUISITION- All active disposal of hazardous substances at the facility occurred before the person acquired the facility.

        ‘(B) INQUIRY-

          ‘(i) IN GENERAL- The person made all appropriate inquiry into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices.

          ‘(ii) STANDARDS- The ASTM standards described in section 107(o)(2) or the alternative standards issued or designated by the President pursuant to that section shall satisfy the requirements of this subparagraph.

          ‘(iii) RESIDENTIAL PROPERTY- In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a site inspection and title search that reveal no basis for further investigation shall satisfy the requirements of this subparagraph.

        ‘(C) NOTICES- The person provided all legally required notices with respect to the discovery or release of any hazardous substances at the facility.

        ‘(D) CARE- The person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to--

          ‘(i) stop ongoing releases;

          ‘(ii) prevent threatened future releases of hazardous substances; and

          ‘(iii) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment.

        ‘(E) COOPERATION, ASSISTANCE, AND ACCESS- The person provides full cooperation, assistance, and facility access to such persons as are authorized to conduct response actions at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility.

        ‘(F) RELATIONSHIP- The person is not liable, or is not affiliated with any other person that is potentially liable, for response costs at the facility, through any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the facility is conveyed or financed.’.

SEC. 103. CONTIGUOUS OR NEARBY PROPERTIES.

    Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection:

    ‘(r) CONTIGUOUS PROPERTIES- (1) A person who owns or operates real property that is contiguous to or otherwise similarly situated with respect to real property on which there has been a release or threatened release of a hazardous substance and that is or may be contaminated by such release shall not be considered to be an owner or operator of a facility under subsection (a)(1) solely by reason of such contamination, if such person--

      ‘(A) took precautions against any foreseeable act or omission that resulted in the release or threatened release and the consequences that could foreseeably result from such act or omission;

      ‘(B) did not cause or contribute or consent to the release or threatened release;

      ‘(C) provides full cooperation, assistance, and facility access to such persons as are authorized to conduct response actions at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility; and

      ‘(D) is not liable, or is not affiliated with any other person that is potentially liable, for response costs at the facility, through any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the facility is conveyed or financed.

    ‘(2) The President may issue an assurance of no enforcement action under this Act to any such person and may grant any such person protection against cost recovery and contribution actions pursuant to section 113(f)(2).’.

Subtitle B--Brownfield Remediation and Environmental Cleanup

SEC. 111. BROWNFIELDS TITLE.

    The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following new title:

‘TITLE V--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

‘SEC. 501. DEFINITIONS.

    For purposes of this title, the following definitions apply:

      ‘(1) IN GENERAL- Except as otherwise specified in this title, the terms used in this title shall have the meanings provided by section 101 of this Act.

      ‘(2) BROWNFIELD SITE- The term ‘brownfield site’ means a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which may be complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants.

      ‘(3) DISPOSAL- The term ‘disposal’ has the meaning given the term in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).

      ‘(4) ENVIRONMENTAL CONTAMINATION- The term ‘environmental contamination’ means the existence at a brownfield site of one or more hazardous substances, pollutants, or contaminants that may pose a threat to human health or the environment.

      ‘(5) GRANT- The term ‘grant’ includes a cooperative agreement.

      ‘(6) LOCAL GOVERNMENT- The term ‘local government’ has the meaning given the term ‘unit of general local government’ in the first sentence of section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)), except that the term includes an Indian tribe.

      ‘(7) SITE ASSESSMENT-

        ‘(A) IN GENERAL- The term ‘site assessment’ means an investigation that determines the nature and extent of a release or potential release of a hazardous substance at a brownfield site and meets the requirements of subparagraph (B).

        ‘(B) INVESTIGATION- For the purposes of this paragraph, an investigation that meets the requirements of this subparagraph--

          ‘(i) shall include--

            ‘(I) an onsite evaluation; and

            ‘(II) sufficient testing, sampling, and other field-data-gathering activities to accurately determine whether the brownfield site is contaminated and the threats to human health and the environment posed by the release of hazardous substances, pollutants, or contaminants at the brownfield site; and

          ‘(ii) may include--

            ‘(I) review of such information regarding the brownfield site and previous uses as is available at the time of the review; and

            ‘(II) an offsite evaluation, if appropriate.

‘SEC. 502. INVENTORY AND ASSESSMENT GRANT PROGRAM.

    ‘(a) IN GENERAL- The Administrator shall establish a program to award grants to local governments to inventory brownfield sites and to conduct site assessments of brownfield sites.

    ‘(b) SCOPE OF PROGRAM-

      ‘(1) GRANT AWARDS- To carry out subsection (a), the Administrator may, on approval of an application, provide grants to a local government.

      ‘(2) GRANT APPLICATION- An application for a grant under this section shall include, to the extent practicable, each of the following:

        ‘(A) An identification of the potential brownfield sites for which assistance is sought and a description of the effect of the brownfield sites on the community, including a description of the nature and extent of any known or suspected environmental contamination within the sites.

        ‘(B) A description of the need of the applicant for financial assistance to inventory brownfield sites and conduct site assessments.

        ‘(C) A demonstration of the potential of the grant assistance to stimulate economic development or creation of recreational areas, including the extent to which the assistance will stimulate the availability of other funds for site assessment, site identification, or environmental remediation and subsequent redevelopment of the areas in which eligible brownfield sites are situated.

        ‘(D) A description of the local commitment as of the date of the application, which shall include a community involvement plan that demonstrates meaningful community involvement.

        ‘(E) A plan that shows how the site assessment, site identification, or environmental remediation and subsequent development will be implemented, including--

          ‘(i) an environmental plan that ensures the use of sound environmental procedures;

          ‘(ii) an explanation of the appropriate government authority and support for the project as in existence on the date of the application;

          ‘(iii) proposed funding mechanisms for any additional work; and

          ‘(iv) a proposed land ownership plan.

        ‘(F) A statement on the long-term benefits and the sustainability of the proposed project that includes--

          ‘(i) the ability of the project to be replicated nationally and measures of success of the project; and

          ‘(ii) to the extent known, the potential of the plan for each area in which an eligible brownfield site is situated to stimulate economic development of the area or creation of recreational areas on completion of the environmental remediation.

        ‘(G) Such other factors as the Administrator considers relevant to carry out this title.

      ‘(3) APPROVAL OF APPLICATION-

        ‘(A) IN GENERAL- In making a decision whether to approve an application under this subsection, the Administrator shall--

          ‘(i) consider the need of the local government for financial assistance to carry out this section;

          ‘(ii) consider the ability of the applicant to carry out an inventory and site assessment under this section; and

          ‘(iii) consider such other factors as the Administrator considers relevant to carry out this section.

        ‘(B) GRANT CONDITIONS- As a condition of awarding a grant under this section, the Administrator--

          ‘(i) shall require the recipient of the grant to notify the State in which the recipient is located of the receipt of the grant; and

          ‘(ii) may, on the basis of the criteria considered under subparagraph (A), attach such other conditions to the grant as the Administrator determines appropriate.

      ‘(4) GRANT AMOUNT- The amount of a grant awarded to any local government under subsection (a) for inventory and site assessment of one or more brownfield sites shall not exceed $200,000.

      ‘(5) TERMINATION OF GRANTS- If the Administrator determines that a local government that receives a grant under this subsection is in violation of a condition of a grant referred to in paragraph (3)(B), the Administrator may terminate the grant made to the local government and require full or partial repayment of the grant.

      ‘(6) AUTHORITY TO AWARD GRANTS TO STATES- The Administrator may award a grant to a State under the program established under this section at the request of a local government if the Administrator determines that a grant to the State is necessary in order to facilitate the receipt of funds by one or more local governments that otherwise do not have the capabilities, such as personnel and other resources, to manage grants under the program.

    ‘(c) TRAINING AND TECHNICAL ASSISTANCE- The Administrator may provide training and technical assistance to community groups, as appropriate, to inventory brownfield sites and conduct site assessments of brownfield sites, which may include associated rivers and streams.

‘SEC. 503. GRANTS FOR REVOLVING LOAN PROGRAMS.

    ‘(a) IN GENERAL-

      ‘(1) ESTABLISHMENT- The Administrator shall establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites.

      ‘(2) LOANS- The loans may be provided by the local government to finance cleanups of brownfield sites by the local government, or by an owner or a bona fide prospective purchaser of a brownfield site (including a local government) at which a cleanup is being conducted or is proposed to be conducted.

    ‘(b) SCOPE OF PROGRAM-

      ‘(1) IN GENERAL-

        ‘(A) GRANTS- In carrying out subsection (a), the Administrator may award a grant to a local government that submits an application to the Administrator that is approved by the Administrator.

        ‘(B) USE OF GRANT- The grant shall be used by the local government to capitalize a revolving loan fund to be used for cleanup of one or more brownfield sites, which may include associated rivers or streams or mine-scarred land.

        ‘(C) GRANT APPLICATION- An application for a grant under this section shall be in such form as the Administrator determines appropriate. At a minimum, the application shall include the following:

          ‘(i) Evidence that the grant applicant has the financial controls and resources to administer a revolving loan fund in accordance with this title.

          ‘(ii) Provisions that--

            ‘(I) ensure that the grant applicant has the ability to monitor the use of funds provided to loan recipients under this title;

            ‘(II) ensure that any cleanup conducted by the applicant is protective of human health and the environment; and

            ‘(III) ensure that any cleanup funded under this Act will comply with all laws that apply to the cleanup.

          ‘(iii) Identification of the criteria to be used by the local government in providing for loans under the program. The criteria shall include the financial standing of the applicants for the loans, the use to which the loans will be put, the provisions to be used to ensure repayment of the loan funds, and the following:

            ‘(I) A complete description of the financial standing of the applicant that includes a description of the assets, cash flow, and liabilities of the applicant.

            ‘(II) A written statement that attests that the cleanup of the site would not occur without access to the revolving loan fund.

            ‘(III) The proposed method, and anticipated period of time required, to clean up the environmental contamination at the brownfield site.

            ‘(IV) An estimate of the proposed total cost of the cleanup to be conducted at the brownfield site.

            ‘(V) An analysis that demonstrates the potential of the brownfield site for stimulating economic development or creation of recreational areas on completion of the cleanup of the brownfield site.

      ‘(2) GRANT APPROVAL- In determining whether to award a grant under this section, the Administrator shall consider--

        ‘(A) the need of the local government for financial assistance to clean up brownfield sites that are the subject of the application, taking into consideration the financial resources available to the local government;

        ‘(B) the ability of the local government to ensure that the applicants repay the loans in a timely manner;

        ‘(C) the extent to which the cleanup of the brownfield site or sites would reduce health and environmental risks caused by the release of hazardous substances, pollutants, or contaminants at, or from, the brownfield site or sites;

        ‘(D) the demonstrable potential of the brownfield site or sites for stimulating economic development or creation of recreational areas on completion of the cleanup;

        ‘(E) the demonstrated ability of the local government to administer such a loan program;

        ‘(F) the demonstrated experience of the local government regarding brownfield sites and the reuse of contaminated land, including whether the government has received any grant under this Act to assess brownfield sites, except that applicants who have not previously received such a grant may be considered for awards under this section;

        ‘(G) the experience of administering any loan programs by the entity, including the loan repayment rates;

        ‘(H) the demonstrations made regarding the ability of the local government to ensure a fair distribution of grant funds among brownfield sites within the jurisdiction of the local government; and

        ‘(I) such other factors as the Administrator considers relevant to carry out this section.

      ‘(3) GRANT AMOUNT- The amount of a grant made to an applicant under this section shall not exceed $500,000.

      ‘(4) REVOLVING LOAN FUND APPROVAL- Each application for a grant to capitalize a revolving loan fund under this section shall, as a condition of approval by the Administrator, include a written statement by the local government that cleanups to be funded under the loan program of the local government shall be conducted under the auspices of, and in compliance with, the State voluntary cleanup program or State Superfund program or Federal authority.

    ‘(c) GRANT AGREEMENTS- Each grant under this section for a revolving loan fund shall be made pursuant to a grant agreement. At a minimum, the grant agreement shall include provisions that ensure the following:

      ‘(1) COMPLIANCE WITH LAW- The local government will include in all loan agreements a requirement that the loan recipient shall comply with all laws applicable to the cleanup and shall ensure that the cleanup is protective of human health and the environment.

      ‘(2) REPAYMENT- The local government will require repayment of the loan consistent with this title.

      ‘(3) USE OF FUNDS- The local government will use the funds solely for purposes of establishing and capitalizing a loan program in accordance with this title and of cleaning up the environmental contamination at the brownfield site or sites.

      ‘(4) REPAYMENT OF FUNDS- The local government will require in each loan agreement, and take necessary steps to ensure, that the loan recipient will use the loan funds solely for the purposes stated in paragraph (3), and will require the return of any excess funds immediately on a determination by the appropriate local official that the cleanup has been completed.

      ‘(5) NONTRANSFERABILITY- The funds will not be transferable, unless the Administrator agrees to the transfer in writing.

      ‘(6) LIENS-

        ‘(A) DEFINITIONS- In this paragraph, the terms ‘security interest’ and ‘purchaser’ have the meanings given the terms in section 6323(h) of the Internal Revenue Code of 1986.

        ‘(B) LIENS- A lien in favor of the grant recipient shall arise on the contaminated property subject to a loan under this section.

        ‘(C) COVERAGE- The lien shall cover all real property included in the legal description of the property at the time the loan agreement provided for in this section is signed, and all rights to the property, and shall continue until the terms and conditions of the loan agreement have been fully satisfied.

        ‘(D) TIMING- The lien shall--

          ‘(i) arise at the time a security interest is appropriately recorded in the real property records of the appropriate office of the State, county, or other governmental subdivision, as designated by State law, in which the real property subject to the lien is located; and

          ‘(ii) be subject to the rights of any purchaser, holder of a security interest, or

judgment lien creditor whose interest is or has been perfected under applicable State law before the notice has been filed in the appropriate office of the State, county, or other governmental subdivision, as designated by State law, in which the real property subject to the lien is located.

      ‘(7) NOTICE TO STATE- The local government will notify the State in which the local government is located of the receipt of the grant and of the identity of recipients of loans made under the revolving loan fund.

    ‘(d) AUDITS-

      ‘(1) IN GENERAL- The Inspector General of the Environmental Protection Agency shall audit a portion of the grants awarded under this section to ensure that all funds are used for the purposes set forth in this section.

      ‘(2) FUTURE GRANTS- The result of the audit shall be taken into account in awarding any future grants to the local government.

    ‘(e) AUTHORITY TO AWARD GRANTS TO STATES- The Administrator may award a grant to a State under the program established under this section at the request of a local government in the State if the Administrator determines that a grant to the State is necessary in order to facilitate the receipt of funds by one or more local governments that otherwise do not have the capabilities, such as personnel and other resources, to manage grants under the program.

‘SEC. 504. REPORTS.

    ‘(a) IN GENERAL- Not later than one year after the date of enactment of this title, and not later than January 31 of each of the 3 calendar years thereafter, the Administrator shall prepare and submit a report describing the results of each program established under this title to--

      ‘(1) the Committees on Commerce and on Transportation and Infrastructure of the House of Representatives; and

      ‘(2) the Committee on Environment and Public Works of the Senate.

    ‘(b) CONTENTS OF REPORT- Each report shall, with respect to each of the programs established under this title, include a description of--

      ‘(1) the number of applications received by the Administrator during the preceding calendar year;

      ‘(2) the number of applications approved by the Administrator during the preceding calendar year; and

      ‘(3) the allocation of assistance under sections 502 and 503 among the local governments.

‘SEC. 505. LIMITATIONS ON USE OF FUNDS.

    ‘(a) EXCLUDED FACILITIES- (1) A grant for site inventory and assessment under section 502 or to capitalize a revolving loan fund under section 503 may not be used for any activity involving--

      ‘(A) a facility or portion of a facility that is the subject of a response action (including a facility or portion of a facility with respect to which a record of decision, other than a no-action record of decision, has been issued) under title I of this Act, unless a preliminary assessment, site investigation, or response action has been completed at such facility or portion of a facility and the President has decided not to take further response action at such facility or portion of a facility;

      ‘(B) a facility included, or proposed for inclusion, on the National Priorities List maintained by the President under title I of this Act;

      ‘(C) an NPL-caliber facility, as defined in paragraph (2);

      ‘(D) a facility that is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u) or 6928(h)) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures;

      ‘(E) any land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted and closure requirements have been specified in a closure plan or permit;

      ‘(F) a facility at which there has been a release of a polychlorinated biphenyl and that is subject to the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);

      ‘(G) a facility with respect to which an administrative or judicial order or decree requiring cleanup has been issued or entered into by the President under--

        ‘(i) title I of this Act;

        ‘(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);

        ‘(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

        ‘(iv) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or

        ‘(v) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

      ‘(H) the portion of a facility at which assistance for response activities may be obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established by section 9508 of the Internal Revenue Code of 1986; and

      ‘(I) a facility owned or operated by a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe.

    ‘(2) For purposes of paragraph (1), the term ‘NPL-caliber facility’ means a facility for which the President, in consultation with the State concerned, has prepared or is preparing a hazardous ranking system scoring package or that satisfies such other definition as the Administrator may promulgate by regulation. The term does not include a facility for which the President--

      ‘(A) has obtained a score under the hazardous ranking system; and

      ‘(B) based on that score, has made a determination not to list on the National Priorities List.

    ‘(3) Notwithstanding paragraph (1), the President may, on a facility-by-facility basis, allow a grant under section 502 or section 503 to be used for an activity involving any facility listed in subparagraph (D), (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), (H), or (I) of paragraph (1). In the case of a facility listed in subparagraph (I), the President may use the authority in the preceding sentence only if the facility is not a facility described in subparagraph (A), (B), (C), or (G)(i).

    ‘(b) FINES AND COST-SHARING- A grant made under this title may not be used to pay any fine or penalty owed to a State or the Federal Government, or to meet any Federal cost-sharing requirement.

    ‘(c) OTHER LIMITATIONS-

      ‘(1) IN GENERAL- Funds made available to a local government under the grant programs established under section 502 shall be used only to inventory and assess brownfield sites as authorized by this title. Funds made available to a local government under the grant programs established under section 503 shall be used only for capitalizing a revolving loan fund as authorized by this title.

      ‘(2) RESPONSIBILITY FOR CLEANUP ACTION- Funds made available under this title may not be used to relieve a local government of the commitment or responsibilities of the local government under State law to assist or carry out cleanup actions at brownfield sites.

‘SEC. 506. EFFECT ON OTHER LAWS.

    ‘Nothing in this title changes, modifies, or otherwise affects the liability of any person or the obligations imposed or authorities provided under any other law or regulation, including--

      ‘(1) title I of this Act;

      ‘(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);

      ‘(3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

      ‘(4) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and

      ‘(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

‘SEC. 507. REGULATIONS.

    ‘(a) IN GENERAL- The Administrator may issue such regulations as are necessary to carry out this title.

    ‘(b) PROCEDURES AND STANDARDS- The regulations shall include such procedures and standards as the Administrator considers necessary, including procedures and standards for evaluating an application for a grant or loan submitted under this title.

‘SEC. 508. AUTHORIZATIONS OF APPROPRIATIONS.

    ‘(a) SITE ASSESSMENT PROGRAM- To carry out section 502, there is authorized to be appropriated from the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 $25,000,000 for each of fiscal years 1999 through 2003.

    ‘(b) GRANTS FOR REVOLVING LOAN PROGRAMS- To carry out section 503, there is authorized to be appropriated from the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 $65,000,000 for each of fiscal years 1998 through 2003.’.

SEC. 112. EXPENDITURES FROM SUPERFUND.

    Section 111(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(c)) is amended by adding at the end the following new paragraphs:

      ‘(15) SITE ASSESSMENT PROGRAM- Costs of carrying out section 502, as authorized under that section.

      ‘(16) GRANTS FOR REVOLVING LOAN PROGRAMS- Costs of carrying out section 503, as authorized under that section.’.

Subtitle C--State Voluntary Response Programs

SEC. 121. STATE VOLUNTARY RESPONSE PROGRAMS.

    (a) STATE VOLUNTARY RESPONSE PROGRAMS- Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601

et seq.) is amended by adding at the end the following new section:

‘SEC. 127. STATE VOLUNTARY RESPONSE PROGRAMS.

    ‘(a) PURPOSES AND OBJECTIVES- The purposes and objectives of this section are--

      ‘(1) to significantly increase the pace of response activities at contaminated sites by promoting and encouraging the creation, development, and enhancement of State voluntary response programs; and

      ‘(2) to benefit the public health, welfare, and the environment by cleaning up and returning contaminated sites to economically productive or other beneficial uses.

    ‘(b) ASSISTANCE TO STATES- The Administrator shall provide technical, financial, and other assistance to States to establish and enhance voluntary response programs. The Administrator shall encourage the States to develop risk sharing pools, indemnity pools, or insurance mechanisms to provide financing for response actions under their voluntary response programs.

    ‘(c) LIMITATION ON FEDERAL AUTHORITY TO LIST ON NATIONAL PRIORITIES LIST- Except as provided in subsection (e), the President shall not list on the National Priorities List the portion of a facility subject to a response action plan approved under a State program qualified under subsection (i)--

      ‘(1) while substantial and continuous voluntary response activities are being conducted in compliance with the plan at that portion of the facility; or

      ‘(2) after response activities conducted in compliance with the plan at that portion of the facility have been certified by the State as complete.

    ‘(d) LIMITATION ON FEDERAL AUTHORITY TO RECOVER COSTS- (1) Except as provided in subsection (e), if substantial and continuous voluntary response activities are being conducted at a voluntary response action site in compliance with a response action plan approved under a State program qualified under subsection (i) or if response activities conducted at such a site in compliance with the plan have been certified by the State as complete, then no person shall be liable to the Administrator under section 107(a) for response costs incurred with respect to a release or substantial threat of release of a hazardous substance addressed by the response action plan unless one or more of the following conditions is met:

      ‘(A) The Administrator determines that the release or threat of release may present an imminent and substantial danger to the public health or welfare or the environment.

      ‘(B) The State requests the Administrator to take action.

      ‘(C) Conditions at the site that were unknown to the State at the time the response action plan was approved by the State are discovered, and such conditions indicate, as determined by the Administrator or the State, that the response action is not protective of human health or the environment.

      ‘(D) The cleanup of the site under the response action plan of the State program is no longer protective of human health or the environment, as determined by the Administrator or the State, because of a change or a proposed change in the use of the site.

    ‘(2) For purposes of this subsection, the term ‘voluntary response action site’ means a site subject to a response action plan under a State program qualified under subsection (i).

    ‘(3) Nothing in this subsection shall preclude the Administrator from recovering costs incurred by the Administrator at a site before State approval of a response action plan for that site.

    ‘(e) FACILITIES INELIGIBLE FOR LIMITATIONS- (1) The limitations on Federal authority provided under subsections (c) and (d) do not apply to any of the following facilities:

      ‘(A) A facility or portion of a facility that is the subject of a response action (including a facility or portion of a facility with respect to which a record of decision, other than a no-action record of decision, has been issued) under this Act, unless a preliminary assessment, site investigation, or response action has been completed at such facility or portion of a facility and the President has decided not to take further response action at such facility or portion of a facility.

      ‘(B) A facility included, or proposed for inclusion, on the National Priorities List maintained by the President under this Act.

      ‘(C) An NPL-caliber facility, as defined in paragraph (2).

      ‘(D) A facility that is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u) or 6928(h)) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures.

      ‘(E) Any land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted and closure requirements have been specified in a closure plan or permit.

      ‘(F) A facility at which there has been a release of a polychlorinated biphenyl and that is subject to the Toxic Substances Control Act (15 U.S.C. 2601 et seq.).

      ‘(G) A facility with respect to which an administrative or judicial order or decree requiring cleanup has been issued or entered into by the President under--

        ‘(i) this Act;

        ‘(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);

        ‘(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

        ‘(iv) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or

        ‘(v) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

      ‘(H) The portion of a facility at which assistance for response activities may be obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established by section 9508 of the Internal Revenue Code of 1986.

      ‘(I) A facility owned or operated by a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe.

    ‘(2) For purposes of paragraph (1), the term ‘NPL-caliber facility’ means a facility for which the President, in consultation with the State concerned, has prepared or is preparing a hazardous ranking system scoring package or that satisfies such other definition as the Administrator may promulgate by regulation. The term does not include a facility for which the President--

      ‘(A) has obtained a score under the hazardous ranking system; and

      ‘(B) based on that score, has made a determination not to list on the National Priorities List.

    ‘(3) Notwithstanding paragraph (1), the President may, on a facility-by-facility basis and pursuant to an agreement with the State concerned, apply the limitations on authority provided under subsections (c) and (d) to any facility listed in subparagraph (D), (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), (H), or (I) of paragraph (1). In the case of a facility listed in subparagraph (I), the President may use the authority in the preceding sentence only if the facility is not a facility described in subparagraph (A), (B), (C), or (G)(i).

    ‘(f) EPA ASSISTANCE TO STATES FOR STATE VOLUNTARY RESPONSE PROGRAMS- The Administrator shall assist States to establish and administer State voluntary response programs that--

      ‘(1) provide voluntary response actions that ensure adequate site assessment and are protective of human health and the environment;

      ‘(2) provide opportunities for technical assistance (including grants) for voluntary response actions;

      ‘(3) provide meaningful opportunities for public participation on issues that affect the community, which shall include prior notice and opportunity for comment in the selection of response actions and which may include involvement of State and local health officials during site assessment;

      ‘(4) provide streamlined procedures to ensure expeditious voluntary response actions;

      ‘(5) provide adequate oversight, enforcement authorities, resources, and practices--

        ‘(A) to ensure that voluntary response actions are protective of human health and the environment, as provided in paragraph (1), and are conducted in a timely manner in accordance with a State-approved response action plan;

        ‘(B) to ensure completion of response actions if the person conducting the response action fails or refuses to complete the necessary response activities that are protective of human health and the environment, including operation and maintenance or long-term monitoring activities;

      ‘(6) provide mechanisms for the approval of a response action plan; and

      ‘(7) provide mechanisms for a certification or similar documentation to the person who conducted the response action indicating that the response is complete.

    ‘(g) FINANCIAL ASSISTANCE FOR DEVELOPMENT AND ENHANCEMENT OF STATE VOLUNTARY RESPONSE PROGRAMS AND REPORTING REQUIREMENT-

      ‘(1) PUBLIC RECORD- To assist the Administrator in determining the needs of States for assistance under this section, the Administrator shall encourage the States to maintain a public record of facilities, by name and location, that have been or are planned to be addressed under a State voluntary response program.

      ‘(2) REPORTING REQUIREMENT- Each State receiving financial assistance under this section shall submit to the Administrator a report at the end of each calendar year on the progress of its voluntary response program, which shall include the following information with respect to that calendar year:

        ‘(A) The number of sites, if any, undergoing voluntary cleanup, with the number of sites in each stage of such cleanup set forth separately.

        ‘(B) The number of sites, if any, entering voluntary cleanup.

        ‘(C) The number of sites, if any, that received a certification from the State indicating that a response action is complete.

    ‘(h) EPA REVIEW OF STATE PROGRAMS- At any time after the date of enactment of this section, a State may submit, for review by the Administrator, documentation that the State considers appropriate to describe a State voluntary response program, together with a certification that the program is consistent with the elements set forth in subsection (f), and, if such program is developed by administrative action or regulation, documentation of public comment and State response to comment on the adequacy of the State voluntary response program.

    ‘(i) QUALIFICATION OF STATE PROGRAM-

      ‘(1) APPROVAL OR DISAPPROVAL- (A) The Administrator shall approve a State voluntary response program submitted under subsection (h) within 180 days after the Administrator receives documentation and certification under subsection (h) if the Administrator determines that the State’s submission is consistent with the elements set forth in subsection (f). A program so approved by the Administrator shall be considered a qualified program under this Act.

      ‘(B) The Administrator shall publish in the Federal Register the reasons for the approval or disapproval of any such program.

      ‘(C) If the Administrator needs additional information under subparagraph (A)(ii), the 180-day time period referred to in subparagraph (A) shall be extended until such date as the Administrator is satisfied that enough additional information has been obtained in order to make a determination.

      ‘(2) WITHDRAWAL OF QUALIFICATION- Whenever the Administrator determines that a State is not administering and enforcing a qualified program in accordance with subsection (f), the Administrator shall notify the State in writing of such determination. If appropriate corrective action is not taken by the State within 120 days after receipt of the notice, the Administrator shall propose to withdraw approval of the program and publish a notice of such proposed withdrawal in the Federal Register. The Administrator shall not withdraw approval of any such program unless the Administrator provides to the State in writing and publishes in the Federal Register the reasons for such withdrawal. If the State subsequently completes the necessary corrective measures as determined by the Administrator, the Administrator shall reinstate the program as a qualified program under this section.

    ‘(j) EFFECT OF RESPONSE- Performance of a voluntary response action pursuant to this section shall not constitute an admission of liability under any Federal, State, or local law or regulation or in any citizens suit or other private action.

    ‘(k) COMPLIANCE WITH NCP- Solely for the purpose of private cost recovery and contribution claims under this Act, response actions conducted pursuant to a qualified program shall be presumed to be consistent with the National Contingency Plan.

    ‘(l) ANNUAL REPORTING-

      ‘(1) REPORTS BY STATE- Each State with a qualified program under this section shall submit to the Administrator a report at the end of each calendar year on the status of its program. Each such report shall include a statement regarding whether the program continues to be consistent with the elements set forth in subsection (f).

      ‘(2) REPORT BY ADMINISTRATOR- The Administrator shall report, not later than two years after the enactment of this section, and annually thereafter, to the Congress on the status of State voluntary response programs. The report shall include an analysis of whether qualified State voluntary response action programs continue to be consistent with the elements set forth in subsection (f).

    ‘(m) EFFECT ON EXISTING STATE PROGRAMS- This section is not intended to impose any requirement on any State voluntary response program, including a program existing on or before the date of the enactment of the Superfund Improvement Act of 1998. A program shall not be considered to be a qualified program under this Act unless the program is approved in accordance with this section.

    ‘(n) EFFECT ON AGREEMENTS BETWEEN STATE AND EPA- This section is not intended to modify or otherwise affect a memorandum of agreement, or a cooperative agreement, relating to Superfund between a State agency and the Environmental Protection Agency in effect on or before the date of the enactment of the Superfund Improvement Act of 1998. Such an agreement shall remain in effect, subject to the terms of the agreement. This section is not intended to restrict or limit the President’s discretionary authority to enter into or modify an agreement with a State or other person relating to the President’s implementation of statutory authorities.

    ‘(o) EFFECT ON OTHER LAWS- Except as provided in subsections (c) and (d), this section does not change, modify, or otherwise affect the liability of any person or the obligations imposed or authorities provided under any law or regulation, including this Act, the Solid Waste Disposal Act, the Federal Water Pollution Control Act, the Toxic Substances Control Act, and title XIV of the Public Health Service Act (the Safe Drinking Water Act).

    ‘(p) RELATIONSHIP TO INNOCENT LANDOWNER AND PROSPECTIVE PURCHASER- (1) The successful completion of a response action at a facility pursuant to a response action plan approved under a qualified program under this section shall be evidence to be considered for purposes of section 107(o)(3)(B) and section 101(39)(D).

    ‘(2) Nothing in this section shall be construed to require any person to participate in a qualified voluntary response program under this section or in any other voluntary response program in order to qualify as an innocent landowner or bona fide prospective purchaser for purposes of subsections (o) and (p) of section 107.

    ‘(q) AUTHORIZATION OF APPROPRIATIONS- To carry out this section, there is authorized to be appropriated from the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 $15,000,000 for each of fiscal years 1999 through 2003.’.

    (b) EXPENDITURES FROM SUPERFUND- Section 111(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(c)) is further amended by adding at the end the following new paragraph:

      ‘(17) ASSISTANCE TO STATES TO DEVELOP OR ENHANCE STATE VOLUNTARY RESPONSE PROGRAMS- Costs under section 127, as authorized under subsection (q) of that section.’.

TITLE II--LIABILITY

SEC. 201. LIABILITY EXEMPTIONS AND LIMITATIONS.

    (a) LIABILITY EXEMPTIONS- Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607), as amended by title I, is further amended by adding at the end the following new subsection:

    ‘(s) LIABILITY EXEMPTIONS-

      ‘(1) SMALL BUSINESS EXEMPTION-

        ‘(A) IN GENERAL- Notwithstanding paragraphs (1) through (4) of subsection (a), a person shall not be liable for response costs or response actions under this Act with respect to a facility on the National Priorities List if liability is based solely on paragraph (3) or (4) of subsection (a), and the person can demonstrate that--

          ‘(i) the person is a business that, including its parents, subsidiaries, and other affiliates, during each of the 3 taxable years preceding the date of transmittal of notification that the business is a potentially responsible party--

            ‘(I) had annual gross revenues of no more than $3,000,000, as reported to the Internal Revenue Service; and

            ‘(II) employed no more than 50 individuals; and

          ‘(ii) the acts upon which liability is based took place wholly before the date of enactment of this paragraph.

        ‘(B) DEFINITION OF AFFILIATE- For purposes of this paragraph, the term ‘affiliate’ has the meaning of that term provided in the definition of ‘small business concern’ in regulations promulgated by the Small Business Administration under the Small Business Act (15 U.S.C. 631 et seq.).

        ‘(C) EXCEPTIONS- The exemption pursuant to subparagraph (A) shall not apply in a case in which the President, in his sole discretion, determines that--

          ‘(i) the materials containing hazardous substances that the person arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, have contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility; or

          ‘(ii) the person has failed to comply fully and completely with information requests, administrative subpoenas, or discovery requests issued by the President or has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility.

        ‘(D) PRESERVATION OF CERTAIN CLAIMS- The exemption under this paragraph shall not apply with respect to a contribution claim by any party arising out of an obligation assumed by the party in a settlement with the United States or a State under this Act entered into by such party as of the date of enactment of this paragraph. Such contribution claims shall be subject to subparagraphs (E) and (F).

        ‘(E) MORATORIUM ON COMMENCEMENT OR CONTINUATION OF SUITS-

          ‘(i) MORATORIUM- No person may commence a civil action for a contribution claim preserved under subparagraph (D) until the date that is the earliest of--

            ‘(I) in the event that no request for a settlement is made to the United States under subparagraph (F)(ii), 90 days after the small business receives notice under subparagraph (F)(i);

            ‘(II) the date of receipt of notice of the conclusion of settlement negotiations under subparagraph (F)(vii); or

            ‘(III) 2 years after the date of enactment of this paragraph.

          ‘(ii) STATUTE OF LIMITATIONS- Any applicable limitations period with respect to a contribution claim preserved under subparagraph (D) shall be tolled from the date of enactment of this paragraph until the end of the moratorium period under clause (i) of this subparagraph.

          ‘(iii) STAY OF EXISTING ACTIONS- If a contribution claim preserved under subparagraph (D) is pending on the date of

enactment of this paragraph, the action or claim shall be stayed for a period of no less than 180 days for the purpose of permitting the small business to negotiate a settlement with the United States pursuant to subparagraph (F), unless the court determines that the stay will result in manifest injustice.

        ‘(F) SETTLEMENT PROCESS-

          ‘(i) NOTICE OF CLAIM- Any party that intends to file a contribution claim that is preserved under subparagraph (D) shall, within 1 year after the date of enactment of this paragraph, notify the small business with respect to such claim in writing of such intent and shall provide such person with information concerning all of the available evidence that indicates that each element of liability contained in subsection (a) is present, with a copy to the Administrator. The preservation of contribution claims provided in subparagraph (D) shall not apply to any claim for which the notice required under this paragraph has not been provided within 1 year after the date of enactment of this subsection.

          ‘(ii) NOTICE TO UNITED STATES- A person that receives notice under clause (i) and that desires to enter into a settlement under this subparagraph shall make a written request to the United States requesting such a settlement within 90 days after the receipt of such notice. If no such request is made within the period provided in this clause, the moratorium provided in subparagraph (E)(i) shall cease.

          ‘(iii) SETTLEMENT NEGOTIATIONS- Following receipt of notice under clause (ii), the United States shall offer a settlement to the small business on terms that take into account all relevant factors, including the ability of the small business to finance a settlement.

          ‘(iv) SETTLEMENT PROCEDURES- Settlements under this section shall be subject to paragraphs (2) through (4) of section 122(g).

          ‘(v) EFFECT OF SETTLEMENT- A small business that has resolved its liability in a settlement under this paragraph shall not be liable under this Act to any other person (including liability for contribution) with respect to the facility.

          ‘(vi) TERMS OF SETTLEMENT- The President shall have authority to enter into settlements under this paragraph that include terms providing for the disposition of the proceeds of such settlement in a manner that is fair and reasonable, including, where appropriate, the placement of settlement proceeds in interest-bearing accounts to conduct or enable other persons to conduct response actions, or other dispositions for the benefit of persons whose claims are extinguished by operation of clause (v).

          ‘(vii) FAILURE OF NEGOTIATIONS- In the event that the President determines that a settlement with the small business under this paragraph cannot be reached, the Environmental Protection Agency shall give written notice of the conclusion of negotiations to the small business, to any party that provided notice under clause (ii), and to any plaintiff in an action stayed under subparagraph (E)(iii).

      ‘(2) DE MICROMIS EXEMPTION-

        ‘(A) IN GENERAL- Notwithstanding paragraphs (1) through (4) of subsection (a), a person shall not be liable under this Act if liability is based solely on paragraph (3) or (4) of subsection (a), and the person can demonstrate that the total amount of the material containing hazardous substances that the person arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, at the facility was less than 110 gallons of liquid materials or less than 200 pounds of solid materials (or such greater or lesser amounts as the Administrator may determine by regulation).

        ‘(B) EXCEPTIONS- The exemption pursuant to subparagraph (A) shall not apply in a case in which--

          ‘(i) all or part of the disposal or treatment concerned occurred after December 31, 1997; or

          ‘(ii) the President, in his sole discretion, determines that--

            ‘(I) the materials containing hazardous substances referred to in subparagraph (A) have contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility; or

            ‘(II) the person has failed to comply fully and completely with information requests, administrative subpoenas, or discovery requests issued by the President or has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility.

      ‘(3) MUNICIPAL SOLID WASTE EXEMPTION-

        ‘(A) IN GENERAL- Notwithstanding paragraphs (1) through (4) of subsection (a), a person shall not be liable under this Act to the extent that--

          ‘(i) liability is based solely on paragraph (3) or (4) of subsection (a);

          ‘(ii) the person can demonstrate that it arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, municipal solid waste; and

          ‘(iii) the person is--

            ‘(I) the owner, operator, or lessee of residential property from which all of the municipal solid waste attributable to such person was generated;

            ‘(II) a business entity that, including its parents, subsidiaries, and other affiliates, during the tax year of the entity preceding the date of transmittal to the entity of written notification from the President of its potential liability under this Act, employed no more than 100 individuals and is a ‘small business concern’ as defined under the Small Business Act (15 U.S.C. 631 et seq.); or

            ‘(III) a small nonprofit organization where the particular chapter, office, or department employing fewer than 100 individuals was the location from which all of the municipal solid waste attributable to such organization with respect to the facility was generated.

        For purposes of this paragraph, the term ‘affiliate’ has the meaning of that term provided in the definition of ‘small business concern’ in regulations promulgated by the Small Business Administration in accordance with the Small Business Act (15 U.S.C. 631 et seq.).

        ‘(B) EXCEPTION- The exemption pursuant to subparagraph (A) shall not apply in a case in which the President determines that--

          ‘(i) the person has failed to comply fully and completely with information requests, administrative subpoenas, or discovery requests issued by the President; or

          ‘(ii) the person has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility.

      ‘(4) INHERITANCE OR BEQUEST EXEMPTION- Notwithstanding paragraphs (1) through (4) of subsection (a), a person shall not be liable under this Act to the extent liability at such facility is based solely on the person’s status as owner under subsection (a)(1) for a release or threat of release from the facility, and the person acquired the facility by inheritance or bequest, if the person--

        ‘(A) acquired the real property on which the facility concerned is located after disposal or placement of the hazardous substance took place;

        ‘(B) exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to--

          ‘(i) stop ongoing releases;

          ‘(ii) prevent any threatened future releases of hazardous substances; and

          ‘(iii) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; and

        ‘(C) provides full cooperation, assistance, and facility access to persons authorized to conduct response actions at the vessel or facility, including the cooperation and access necessary for the assessment of contamination and the installation, preservation of integrity, operation, and maintenance of any complete or partial response action at the vessel or facility.

      ‘(5) RIGHT-OF-WAY OR BUSINESS LICENSE EXEMPTION- Notwithstanding paragraphs (1) through (4) of subsection (a), a Federal or State governmental entity or municipality shall not be liable under this Act to the extent the liability of the entity or municipality at such facility is based solely on its--

        ‘(A) ownership of a road, street, or other right-of-way or public transportation route (other than railroad rights-of-way and railroad property) over which hazardous substances are transported; or

        ‘(B) granting of a license or permit to conduct business.

      ‘(6) SPUR TRACK EXEMPTION- Notwithstanding paragraphs (1) through (4) of subsection (a), a person that does not impede the performance of a

response action or natural resource restoration shall not be liable under this Act to the extent that liability is based solely on the status of the person as a railroad owner or operator of a spur track, including a spur track over land subject to an easement, to a facility that is owned or operated by a person that is not affiliated with the owner or operator if--

        ‘(A) the spur track provides access to a main line or branch line track that is owned or operated by the railroad;

        ‘(B) the spur track is 10 miles long or less;

        ‘(C) the railroad owner or operator does not cause or contribute to a release or threatened release at the spur track;

        ‘(D) the railroad owner or operator exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to--

          ‘(i) stop ongoing releases;

          ‘(ii) prevent any threatened future releases of hazardous substances; and

          ‘(iii) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; and

        ‘(E) the railroad owner or operator provides full cooperation, assistance, and facility access to persons authorized to conduct response actions at the vessel or facility, including the cooperation and access necessary for the assessment of contamination and the installation, preservation of integrity, operation, and maintenance of any complete or partial response action at the vessel or facility.

      ‘(7) PENALTY FOR INAPPROPRIATE LAWSUITS- Any person who commences an action after the date of enactment of this section for recovery of response costs or in contribution against a person who is not liable by operation of paragraph (1), (2), or (3) shall be liable to that person for all reasonable costs of defending that action, including all reasonable attorneys’ fees and expert witness fees.’.

    (b) RELIGIOUS, CHARITABLE, SCIENTIFIC, OR EDUCATIONAL ORGANIZATION- Section 107 of such Act (42 U.S.C. 9607) is further amended by adding at the end the following new subsection:

    ‘(t) RELIGIOUS, CHARITABLE, SCIENTIFIC, OR EDUCATIONAL ORGANIZATION-

      ‘(1) LIMITATION ON LIABILITY- In the event that an organization described in section 101(20)(H) holds title to a vessel or facility, either directly or in trust, as a result of a charitable gift that is allowable as a deduction under section 170, 2055, or 2522 of the Internal Revenue Code of 1986 (determined without regard to dollar limitations), the organization’s liability under subsection (a)(1) shall be limited to the lesser of the fair market value of the vessel or facility or the actual proceeds of the sale of the vessel or facility received by the organization, subject to paragraph (2).

      ‘(2) CONDITIONS- In order for an organization described in section 101(20)(H) to be eligible for the limited liability described in paragraph (1), the organization shall--

        ‘(A) provide full cooperation, assistance, and facility access to persons authorized to conduct response actions at the vessel or facility, including the cooperation and access necessary for the assessment of contamination and the installation, preservation of integrity, operation, and maintenance of any complete or partial response action at the vessel or facility;

        ‘(B) establish by a preponderance of the evidence that all active disposal of hazardous substances at the facility or vessel occurred before the organization acquired the vessel or facility;

        ‘(C) establish by a preponderance of the evidence that the organization exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to--

          ‘(i) stop ongoing releases;

          ‘(ii) prevent threatened future releases of hazardous substances; and

          ‘(iii) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; and

        ‘(D) establish by a preponderance of the evidence that the organization is not affiliated with any other potentially liable person at the facility, through any familial relationship, or any contractual, corporate, or financial relationship other than that created by the instrument by which title to the facility is conveyed or financed.

      ‘(3) LIMITATION- Nothing in this subsection shall affect the liability of any person, other than a person described in section 101(20)(H), who meets the conditions specified in paragraph (2).’.

    (c) MUNICIPAL OWNERS AND OPERATORS- Section 107 of such Act (42 U.S.C. 9607) is further amended by adding at the end the following new subsection:

    ‘(u) MUNICIPAL OWNERS AND OPERATORS-

      ‘(1) IN GENERAL- A municipality that is liable for response costs under paragraph (1) or (2) of subsection (a) on the basis of ownership or operation of a municipal landfill that is listed on the National Priorities List on or before October 1, 1997 (as identified by the President), shall be eligible for a settlement under this subsection.

      ‘(2) SETTLEMENT AMOUNT- (A) The President shall offer a settlement to a party with respect to such liability on the basis of a payment or other obligation equivalent in value to no more than 20 percent of the total response costs in connection with the facility. The President may increase this percentage to no more than 35 percent of the total response costs in connection with the facility if the President determines--

        ‘(i) the municipality exacerbated environmental contamination or exposure with respect to the facility; or

        ‘(ii) the municipality, during the period of ownership or operation of the facility, received operating revenues substantially in excess of the sum of the waste system operating costs plus 20 percent of total estimated response costs in connection with the facility.

      ‘(B) Such a settlement shall pertain to only the party’s liability under paragraph (1) or (2) of subsection (a).

      ‘(3) PERFORMANCE OF RESPONSE ACTIONS- Subject to the limitations of paragraph (2), the President may require, as a condition of a settlement with a municipality under this subsection, that the municipality perform, or participate in the performance of, the response actions at the site.

      ‘(4) JOINT OWNERSHIP OR OPERATION- A combination of 2 or more municipalities that jointly owned or operated the facility at the same time or during continuous operations under municipal control, shall be considered a single owner/operator for the purpose of calculating a settlement offer pursuant to this subsection.

      ‘(5) WAIVER OF CLAIMS- The President may require, as a condition of a settlement under this subsection, that the municipality waive some or all of the claims or causes of action that such municipality may have against other potentially responsible parties relating to the site, including claims for contribution under section 113.

      ‘(6) CONDITIONS- In order for a municipality to be eligible for the limited liability described in this subsection, the acts or omissions giving rise to liability must have occurred before a date 2 years after the date of enactment of this Act, or the municipality asserting the limitation must institute or participate in a qualified household hazardous waste disposal program before a date 2 years after the date of enactment of this Act.

      ‘(7) EXCEPTIONS- The President may decline to offer a settlement under this subsection where the President determines--

        ‘(A) there is only municipal solid waste or sewage sludge at the facility;

        ‘(B) all other identified potentially responsible parties are insolvent, defunct, or eligible for a settlement under this subsection or under section 122(g);

        ‘(C) the municipality has failed to comply fully and completely with information requests, administrative subpoenas, or discovery requests issued by the United States; or

        ‘(D) the municipality has impeded or is impeding, through action or inaction, the performance of a response action or a natural resource restoration with respect to the facility.

      ‘(8) EXPIRATION OF OFFER- The President’s obligation to offer a settlement under this section shall expire if the municipality to which the offer is made fails to accept such an offer within a reasonable time period.’.

    (d) RELATIONSHIP TO LIABILITY UNDER OTHER LAWS- Section 107 of such Act (42 U.S.C. 9607) is further amended by adding at the end the following new subsection:

    ‘(v) RELATIONSHIP TO LIABILITY UNDER OTHER LAWS- Nothing in this section shall affect a person’s liability under any other Federal, State, or local statute or regulation promulgated pursuant to any such statute, including any obligation to comply with the requirements promulgated by the Administrator under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).’.

    (e) CLARIFICATION OF COMMON CARRIER LIABILITY- Section 107(b)(3) of such Act (42 U.S.C. 9607(b)(3)) is amended by striking out ‘from a published tariff and acceptance for’ and inserting ‘exclusively from a contract for’.

    (f) MISCELLANEOUS AMENDMENTS- (1) Section 107 of such Act (42 U.S.C. 9607) is further amended as follows:

      (A) Subsection (a)(1) is amended by striking ‘and’ and inserting ‘or’.

      (B) Subsection (a)(2) is amended by inserting ‘vessel or’ before ‘facility’.

      (C) Subsection (c)(3) is amended in the first sentence by striking ‘such person may be liable’ and all that follows through the end of the sentence and inserting the following: ‘such person is liable to the United States for any response costs incurred by the United States as a result of such failure to take proper action and may be liable to the United States for punitive damages in an amount up to three times the amount of such response costs.’.

    (2) Section 101(35)(A) of such Act (42 U.S.C. 9601(35)(A)) is amended--

      (A) by striking clause (iii); and

      (B) by striking ‘clause (i), (ii), or (iii)’ and inserting ‘the following clauses’.

SEC. 202. SCOPE OF RULEMAKING AUTHORITY.

    Section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended to read as follows:

‘SEC. 115. PRESIDENTIAL DELEGATION AND ASSIGNMENT OF DUTIES OR POWERS AND PROMULGATION OF REGULATIONS.

    ‘The President (or the Administrator where applicable) is authorized to promulgate such regulations as the President (or the Administrator where applicable) deems necessary to carry out the provisions of this Act, and to delegate and assign any duties or powers imposed upon or assigned to him by this Act, including the authority to promulgate regulations. The preceding sentence includes authority to clarify or interpret all terms and to implement any provision of this Act.’.

SEC. 203. EXTENSION RELATING TO SURETIES.

    Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9619) is amended--

      (1) in subsection (e)(2)(C), by striking ‘and before January 1, 1996,’; and

      (2) in subsection (g)(5), by striking ‘, or after December 31, 1995’.

SEC. 204. EXPEDITED FINAL SETTLEMENTS.

    (a) PARTIES ELIGIBLE FOR EXPEDITED FINAL SETTLEMENTS- Section 122(g) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(g)) is amended--

      (1) by striking the subsection heading and all that follows through the end of subparagraph (A) of paragraph (1) and inserting the following:

    ‘(g) EXPEDITED FINAL SETTLEMENT-

      ‘(1) PARTIES ELIGIBLE FOR EXPEDITED SETTLEMENT- The President shall, as expeditiously as practicable, offer to reach a final administrative or judicial settlement with any potentially responsible party that, in the judgment of the President, meets 1 or more of the following conditions for eligibility for an expedited settlement:

        ‘(A) DE MINIMIS CONTRIBUTION- The person’s liability is based on paragraph (3) or (4) of section 107(a) and the person’s individual contribution of hazardous substances at the facility is de minimis. For purposes of this subparagraph, the contribution of hazardous substances to a facility by a potentially responsible party is de minimis if the President determines that both of the following conditions are met:

          ‘(i) The amount of materials containing hazardous substances contributed by that person to the facility is minimal in comparison to the total amount of materials containing hazardous substances at the facility. Such individual contribution is presumed to be minimal if it is 1 percent or less of the total amount of materials containing hazardous substances at the facility, unless the Administrator identifies a different threshold based on site-specific factors.

          ‘(ii) The materials containing hazardous substances contributed by the person do not present toxic or other hazardous effects that are significantly greater than those of other materials containing hazardous substances at the facility.’;

      (2) by inserting into subparagraph (B) the following heading before the first sentence: ‘OWNERS OF REAL PROPERTY- ’; and

      (3) by inserting after subparagraph (B) of paragraph (1) the following:

        ‘(C) CONTRIBUTION OF MUNICIPAL SOLID WASTE AND SEWAGE SLUDGE-

          ‘(i) IN GENERAL- The potentially responsible party’s liability for response costs is based on paragraph (3) or (4) of section 107(a), and the person can demonstrate that it arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, municipal solid waste or sewage sludge at a facility listed on the National Priorities List.

          ‘(ii) SETTLEMENT AMOUNT- To the extent that liability is based on municipal solid waste or sewage sludge, the President shall offer a settlement to such a party under this subparagraph on the basis of a payment of $5.30 per ton of municipal solid waste or sewage sludge that the President estimates is attributable to such party. Where the party has been forthcoming with requested information, but the information is nonetheless incomplete, the President shall estimate the party’s quantity of municipal solid waste or sewage sludge by incorporating reasonable assumptions based on relevant information, such as census data and national per capita solid waste generation information. Such a settlement shall pertain only to the party’s liability with respect to municipal solid waste or sewage sludge under paragraph (3) or (4) of section 107.

          ‘(iii) CONDITIONS- In order for a municipality to be eligible for the settlement described in this subparagraph (C), the acts or omissions giving rise to liability must have occurred before a date 2 years after the date of enactment of this subparagraph, or the municipality asserting the limitation must institute or participate in a qualified household hazardous waste disposal program before a date 2 years after the date of enactment of this subparagraph.

          ‘(iv) EXCLUSION OF CERTAIN FACILITIES- A potentially responsible party described in clause (i) shall not be eligible for a settlement described in this subparagraph if the facility at which the disposal or treatment occurred contains only municipal solid waste or sewage sludge.

          ‘(v) EXCEPTION FOR CERTAIN SEWAGE SLUDGE- The President may decline to offer a settlement under this subsection to a person that arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, sewage sludge, if the President determines that the sewage sludge contributed or could contribute significantly to the cost of response.

          ‘(vi) ADJUSTMENT FOR INFLATION- The settlement rate per ton of municipal solid waste or sewage sludge under this subparagraph (C) shall be adjusted annually for inflation. Such adjustments shall take effect on July 1 of each year after the enactment of this subparagraph. The inflation adjustment shall be determined by increasing the settlement rate per ton of municipal solid waste or sewage sludge under this subparagraph (C) by the cost-of-living

adjustment. The cost-of-living adjustment shall be the percentage difference by which the Consumer Price Index for the month of the June preceding a settlement exceeds the Consumer Price Index for the immediate prior month of June.

          ‘(vii) OTHER MATERIALS- Notwithstanding clause (i), a potentially responsible party that arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, municipal solid waste or sewage sludge and other materials containing hazardous substances shall be eligible for the per-ton settlement rate described in this subparagraph as to the municipal solid waste or sewage sludge only if the potentially responsible party demonstrates to the President’s satisfaction the quantity of the municipal solid waste and sewage sludge contributed by such party and the quantity and composition of the other materials containing hazardous substances contributed by such party. Where such party demonstrates to the President’s satisfaction that the material other than municipal solid waste or sewage sludge contributed by such party is eligible for the de micromis exemption under section 107(s)(2) or a de minimis settlement under subparagraph (A), such party shall be eligible for the per-ton settlement rate as to its municipal solid waste or municipal sewage sludge in an expedited settlement under this paragraph. In other cases, the President shall offer to resolve the party’s liability with respect to the municipal solid waste or sewage sludge at the per-ton settlement rate described in this paragraph at such time as the party also agrees to a settlement with respect to other materials containing hazardous substances on terms and conditions acceptable to the President.

          ‘(viii) MUNICIPAL OWNERS AND OPERATORS- Where a municipality is eligible for the per-ton settlement rate under this subparagraph, and is also eligible for a settlement under section 107(u) with respect to the same facility, the President shall offer a settlement to such municipality for an amount equal to the settlement amount under clause (ii) with respect to its contribution of municipal solid waste or sewage sludge, plus the amount provided in section 107(u) as to the liability of the municipality under paragraph (1) or (2) of section 107(a). Notwithstanding any other requirement in this section, such a settlement offer shall be made at such time as the President determines is appropriate.

          ‘(ix) EXPIRATION OF OFFER- The President’s obligation to offer a settlement at the rate provided under this subparagraph shall expire if the party to which the offer has been made fails to accept such an offer within a reasonable time period.

        ‘(D) ABILITY TO PAY-

          ‘(i) IN GENERAL- The potentially responsible party is a natural person, a small business as defined in clause (ii), or a municipality and demonstrates to the United States an inability or a limited ability to pay response costs.

          ‘(ii) SMALL BUSINESS- For purposes of this subparagraph, each of the following provisions apply:

            ‘(I) DEFINITION- The term ‘small business’ means any business entity that is described in clauses (i) and (ii) of section 107(s)(1)(A).

            ‘(II) DETERMINATION- The small business shall demonstrate the amount of its ability to pay response costs. If the small business employs fewer than 20 employees and has gross income revenues of less than $1,800,000, the President shall perform any analysis that the President determines may assist in demonstrating the impact of a settlement upon the small business’s ability to maintain its basic operations. The President, in his discretion, may perform such analysis for any other party or require such other party to perform the analysis.

            ‘(III) ALTERNATIVE PAYMENT METHODS- If the President determines that a small business is unable to pay its total settlement amount immediately, the President shall consider such alternative payment methods as may be necessary or appropriate. The methods to be considered may include installment payments, to be paid during a period not to exceed 10 years, and the provision of in-kind services.

          ‘(iii) MUNICIPALITIES- For purposes of this subparagraph, each of the following provisions apply:

            ‘(I) CONSIDERATIONS- In the case of a municipality, the President shall consider, to the extent that information is provided by the municipality--

‘(aa) the general obligation bond rating and information about the most recent bond issue for which the rating was prepared;

‘(bb) the amount of total available funds (other than dedicated funds or State assistance payments for remediation of inactive hazardous waste sites);

‘(cc) the amount of total operating revenues (other than obligated or encumbered revenues);

‘(dd) the amount of total expenses;

‘(ee) the amounts of total debt and debt service;

‘(ff) per capita income and cost of living;

‘(gg) real property values;

‘(hh) unemployment information; and

‘(ii) population information of the municipality.

            ‘(II) EVALUATION OF IMPACT- A municipality may also submit for consideration by the President an evaluation of the potential impact of the settlement on the provision of essential municipal services and the feasibility of making delayed payments or payments over time. If a municipality asserts that it has additional environmental obligations besides its potential liability under this Act, the municipality may create a list of the obligations, including an estimate of the costs of complying with such obligations.

            ‘(III) RISK OF DEFAULT OR VIOLATION- A municipality may establish an inability to pay for purposes of this subparagraph through an affirmative showing that such payment of its liability under this Act would--

‘(aa) create a substantial demonstrable risk that the municipality would default on existing debt obligations (existing as of the time of the showing), be forced into bankruptcy, be forced to dissolve, or be forced to make budgetary cutbacks that would substantially reduce current levels (as of the time of the showing) of protection of public health and safety; or

‘(bb) necessitate a violation of legal requirements or limitations of general applicability concerning the assumption and maintenance of fiscal municipal obligations.

            ‘(IV) ADDITIONAL FACTOR RELEVANT TO SETTLEMENTS WITH MUNICIPALITIES- In any settlement with a municipality pursuant to this title, the President may consider the fair-market value of any in-kind services that the party may provide to support the response action at the facility in determining an appropriate settlement amount.

          ‘(iv) EFFECT ON AUTHORITY- This subparagraph shall not be construed to limit or affect the President’s authority to evaluate any person’s ability to pay or to enter into settlements with any person based on that person’s inability to pay.

        ‘(E) ADDITIONAL CONDITIONS FOR EXPEDITED SETTLEMENTS-

          ‘(i) WAIVER OF CLAIMS- The President may require, as a condition of a settlement under this paragraph (1), that the potentially responsible party waive some or all of the claims or causes of action that such party may have against other potentially responsible parties relating to the site, including claims for contribution under section 113.

          ‘(ii) EXCEPTION- The President may decline to offer a settlement under this paragraph (1) where the President determines--

            ‘(I) the person has failed to comply fully and completely with information requests, administrative subpoenas, or discovery requests issued by the United States; or

            ‘(II) the person has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility.

          ‘(iii) BASIS OF DETERMINATION- If the President determines that a party is not eligible for a settlement pursuant to this subsection, the basis for that determination shall be explained in writing to any person who requests such a settlement. Such a determination shall not be subject to judicial review.’.

    (b) NOTIFICATION- Section 122(g) of such Act (42 U.S.C. 9622(g)) is further amended by redesignating paragraph (6) as paragraph (10) and inserting the following new paragraphs:

      ‘(6) NOTIFICATION OF PARTIES-

        ‘(A) NOTIFICATION- As soon as practicable after receipt of sufficient information, the Administrator shall notify any person that the Administrator determines is eligible for an expedited final settlement in accordance with paragraph (1) of its eligibility, based on information available to the Administrator at the time the determination is made.

        ‘(B) SETTLEMENT OFFER- As soon as practicable after receipt of sufficient information, the Administrator shall submit a written settlement offer to each party notified under subparagraph (A). Upon request by any recipient of a settlement offer under paragraph (1), the Administrator shall make available any information available under section 552 of title 5, United States Code, on which the Administrator based the settlement offer. If the settlement offer is based in whole or in part on information not available under section 552 of title 5, United States Code, the Administrator shall so inform the party.

      ‘(7) LITIGATION MORATORIUM-

        ‘(A) IN GENERAL- No person that has received notice under paragraph (6) that it is eligible for an expedited settlement under paragraph (1) shall be named as a defendant in any action under section 107 for recovery of response costs (including an action for contribution) during the period beginning on the date on which the person receives from the President written notice that it is a party that may qualify for an expedited settlement, and ending on the earlier of--

          ‘(i) the date that is 90 days after the date on which the President tenders a written settlement offer to the person; or

          ‘(ii) the date that is 1 year after the date specified in subparagraph (A).

        This moratorium shall not apply with respect to a person eligible for a settlement under paragraph (1)(C) (vii) or (viii).

        ‘(B) TOLLING OF PERIOD OF LIMITATION- The period of limitation under section 113(g) applicable to a claim against a person described in subparagraph (A) for response costs or contribution shall be tolled during the period described in subparagraph (A).

        ‘(C) STAY OF LITIGATION- If, before the date of enactment of this paragraph, a person described in subparagraph (A) has been named as a defendant in an action for recovery of response costs or contribution, the court shall, unless a stay would result in manifest injustice, stay the action as to that claim until the end of the period described in subparagraph (A).

      ‘(8) NOTICE OF SETTLEMENT- After a settlement under this subsection becomes final with any person with respect to a facility, the President shall promptly notify potentially responsible parties at the facility that have not resolved their liability to the United States of the settlement.’.

SEC. 205. INFORMATION GATHERING AND ACCESS.

    (a) ADDITIONAL INFORMATION- Section 104(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(e)(2)) is amended--

      (1) by striking subparagraph (C) and inserting:

        ‘(C) The ability of a person to pay for or to perform a response action.’; and

      (2) by inserting after subparagraph (C) the following:

        ‘(D) The identity of any persons engaged in, responsible for, controlling, or having the ability to control activities or operations at a vessel or facility giving rise to liability under this Act.

        ‘(E) The potential liability or responsibility of any person to perform or pay for a response action.

        ‘(F) For a person conducting a response action, an accounting of direct and indirect costs the person has incurred in conducting such response action.

        ‘(G) Information that is otherwise relevant to enforce the provisions of this Act.’.

    (b) CERTIFICATIONS- Section 104(e) of such Act (42 U.S.C. 9604(e)) is amended--

      (1) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (8), respectively; and

      (2) by inserting after paragraph (2) the following:

      ‘(3) CERTIFICATION- The President may require respondents to requests made pursuant to this subsection to certify that--

        ‘(A) the responses are true, accurate, and complete to the best of the respondent’s knowledge;

        ‘(B) the responses are based on a diligent, good faith search of records in the possession or control of the person to whom the request was directed;

        ‘(C) the responses are based on a reasonable inquiry of the current and former officers, directors, employees, and agents of the person to whom the request was directed;

        ‘(D) the responses accurately and completely reflect information obtained in the course of conducting such search and inquiry;

        ‘(E) the respondent understands that there is a continuing obligation to supplement the response if any additional, new, or different information relevant to the matters addressed in the request or the response thereto becomes known or available to the respondent; and

        ‘(F) the respondent understands that there are significant penalties for knowingly and willfully submitting false information, including the possibility of fine and imprisonment.’.

    (c) ADMINISTRATIVE SUBPOENAS- Section 104(e) of such Act (42 U.S.C. 9604(e)) is further amended by inserting after paragraph (8) (as redesignated by subsection (b)) the following new paragraph:

      ‘(9) ADMINISTRATIVE SUBPOENAS- When it would assist in the collection of information necessary or appropriate for the purposes of implementing this Act, the Administrator may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents, answers to questions, and other information listed in paragraph (2) that the Administrator considers necessary. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In the event of contumacy or failure or refusal of any person to obey any such subpoena, any district court of the United States in which venue is proper shall have jurisdiction to order any such person to comply with such subpoena. Any failure to obey such an order of the court is punishable by the court as a contempt thereof.’.

    (d) CONFIDENTIALITY OF INFORMATION- Subparagraph (A) of section 104(e)(8) of such Act (as redesignated by subsection (b)), is amended to read as follows:

      ‘(A) Any records, reports, documents, or information obtained from any person under this section (including records, reports, documents, or information obtained by representatives of the President (or the State as the case may be) and records, reports, documents, or information obtained pursuant to a contract, grant, or other agreement to perform work pursuant to this section) shall be available to the public not later than 45 days after the records, reports, or information is obtained, except as follows:

        ‘(i) Upon a showing satisfactory to the President (or the State, as the case may be) by any person that records, reports, documents, or information, or any particular part thereof (other than health or safety effects data), to which the President (or the State, as the case may be) or any officer, employee, or representative has access under this section if made public would divulge information entitled to protection under section 1905 of title 18, United States Code, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except as otherwise provided in this clause. Any such record, report, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States carrying out this Act, when relevant in any proceeding under this Act, including any allocator appointed pursuant to section 130. If such records, reports, documents, or information are obtained or submitted to the United States (or the State, as the case may be) pursuant to a contract, grant, or other agreement to perform work pursuant to this section, such record, report, document, or information may be disclosed to persons from whom the President seeks to recover costs pursuant to this Act.

        ‘(ii) This section does not require that information which is exempt from disclosure pursuant to section 552(a) of title 5, United States Code, by reason of subsection (b) of such section, be available to the public. The disclosure

of any such information pursuant to this section shall not authorize disclosure to other parties or be deemed to waive any privilege available under any Federal or State law.’.

    (e) CONFIDENTIALITY REQUIREMENTS FOR CONTRACTORS- Paragraph (8) of section 104(e) of such Act (as redesignated by subsection (b)) is amended by adding at the end the following new subparagraph:

      ‘(G)(i) No person described in clause (ii) may disclose any record, report, document, or other information referred to in subparagraph (A)(i) without the permission of the President (or the State, as the case may be).

      ‘(ii) A person described in this clause is any person--

        ‘(I) who is not an employee of the United States Government; and

        ‘(II) who, by virtue of the person’s duties under a contract or cooperative agreement with the United States under this section to perform work for the United States Government or implement the requirements of this Act, has received information obtained under this section (or any record, report, or document containing such information) which, if requested from the United States Government pursuant to section 552 of title 5, United States Code, would be exempt from disclosure by reason of subsection (b) of such section.’.

    (f) AVAILABILITY OF INFORMATION TO CONGRESS- Subsection 104(e) of such Act (42 U.S.C. 9604(e)) is further amended by adding after paragraph (9) the following new paragraph:

      ‘(10) AVAILABILITY OF INFORMATION TO CONGRESS- Nothing in this subsection shall be construed to authorize any person, including any allocator appointed pursuant to section 128, to withhold any documents or information from Congress, acting through any duly authorized Committee thereof, or limit in any manner the right of Congress, acting through any duly authorized Committee thereof, to obtain such documents or information.’.

SEC. 206. COMPLIANCE WITH ADMINISTRATIVE ORDERS.

    Section 106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9606(a)) is amended by adding at the end the following: ‘The President may amend such administrative orders and issue additional orders relating to the facility, as appropriate, without a subsequent determination that there may be an imminent and substantial endangerment, to complete all response actions necessary to respond to an actual or threatened release or to require additional response actions that are necessary or appropriate to respond to the actual or threatened release that was the subject of the original administrative order.’.

SEC. 207. CIVIL PROCEEDINGS.

    (a) PETITIONS- Section 113(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9613(a)) is amended as follows:

      (1) By striking ‘upon application by any interested person’ and inserting ‘by any interested person through the filing of a petition for review’.

      (2) By striking ‘application shall be made’, and inserting ‘petition shall be filed’.

    (b) PERIOD IN WHICH ACTION MAY BE BROUGHT- Section 113(g) of such Act (42 U.S.C. 9613(g)) is amended by striking paragraphs (2) and (3) and inserting in lieu thereof the following:

      ‘(2) ACTIONS FOR RECOVERY OF COSTS- (A) Except as provided in subparagraph (C), an initial action for recovery of costs referred to in section 107 must be commenced--

          ‘(i) for a removal action, within 3 years after completion of all removal action taken with respect to the facility (including off-site disposal of any removed materials, any site evaluation including evaluations for selection of a remedial action in accordance with section 121, or design of a remedial action), except that if physical on-site construction of the remedial action is initiated within 3 years after the completion of all removal action taken with respect to the facility, costs incurred for removal action may be recovered in a cost recovery action brought under clause (ii); and

          ‘(ii) for each remedial action, within 6 years after initiation of physical on-site construction of that remedial action, unless that remedial action has been the subject of a previous cost recovery action.

      ‘(B) In any such action described in this paragraph, the court shall enter a declaratory judgment on liability for response costs or damages that will be binding in such action or in any subsequent action or actions to recover further response costs or damages. A subsequent action or actions under section 107 for further response costs at the vessel or facility may be maintained at any time during the

response action, but must be commenced no later than 3 years after the date of completion of all response action. Except as otherwise provided in this paragraph, an action may be commenced under section 107 for recovery of costs at any time after such costs have been incurred.

      ‘(C) An action by any potentially responsible party against another potentially responsible party for recovery of any response costs or damages must be commenced within the later of--

        ‘(i) the time limitations set forth in subparagraph (A); or

        ‘(ii) where recovery is sought for costs or damages paid pursuant to a judgment or settlement, 3 years after--

          ‘(I) the date of judgment in any action under this Act for recovery of such costs or damages, or

          ‘(II) the date of any administrative order or judicial settlement for recovery of the costs or damages paid or incurred pursuant to such a settlement.

      ‘(3) CLAIMS BY THE UNITED STATES OR STATES- Claims by the United States under section 106 and claims by the United States or a State under section 107(a) shall not be deemed compulsory counterclaims in an action against the United States or a State seeking response costs, contribution, damages, or any other claim by any person under this Act.’.

SEC. 208. SETTLEMENT NEGOTIATIONS AND ALLOCATION OF RESPONSIBILITY FOR CERTAIN FACILITIES.

    Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended by title I of this Act, is further amended by adding at the end of the following new section:

‘SEC. 128. SETTLEMENT NEGOTIATIONS AND ALLOCATION OF RESPONSIBILITY FOR CERTAIN FACILITIES.

    ‘(a) DEFINITIONS- In this section:

      ‘(1) ALLOCATOR- The term ‘allocator’ means a neutral third party retained to conduct an allocation under this section.

      ‘(2) MANDATORY ALLOCATION- The term ‘mandatory allocation’ means an allocation at a non-federally owned vessel or facility listed on the National Priorities List--

        ‘(A) concerning which the Administrator selects a remedial action (as identified in a record of decision) after March 30, 1998;

        ‘(B) for which, in the record of decision, the Administrator estimates that future response costs for that remedial action will exceed $3,000,000; and

        ‘(C) that involves 2 or more unaffiliated potentially responsible parties.

      ‘(3) ESTIMATED CONTRIBUTION SHARE-

        ‘(A) IN GENERAL- The term ‘estimated contribution share’ means the estimated percentage amount attributable to potentially responsible parties and to the orphan share in a settlement under subsection (e) or by an allocator under subsection (f).

        ‘(B) UNATTRIBUTED WASTE- The estimated contribution share associated with hazardous substances that cannot be attributed to any identifiable potentially responsible party or allocation party shall be distributed pro rata among the potentially responsible parties and the orphan share.

      ‘(4) ORPHAN SHARE- The term ‘orphan share’ means the sum of--

        ‘(A) the estimated contribution share specifically attributable to potentially responsible parties determined by the Administrator to be insolvent or defunct, who are not affiliated with any viable potentially responsible party or allocation party;

        ‘(B) the estimated contribution share specifically attributable to parties that are not liable pursuant to the small business exemption set forth in section 107(s)(1); and

        ‘(C) the difference between each potentially responsible party’s settlement amount in a settlement under section 122(g)(1)(D) and the estimated contribution share specifically attributable to that party in the absence of limitations on that party’s financial ability to pay.

    ‘(b) GENERAL PROVISIONS-

      ‘(1) MANDATORY PROCESS- For each mandatory allocation, the Administrator shall, after conducting any settlement negotiation pursuant to section 122(e), initiate the allocation process in accordance with subsection (f) (subject to subsection (f)(3)).

      ‘(2) PERMISSIVE PROCESS- The Administrator may use any part of the allocation process described in this section in order to promote a settlement with respect to any response actions or response costs that are not subject to a mandatory allocation, but shall not be required to provide orphan share funding with respect to any such response actions or response costs.

      ‘(3) EXCLUDED REMEDIAL ACTIONS- Settlement negotiations or the allocation process under this section shall not be required with respect to a remedial action (as identified in a record of decision) for which--

        ‘(A) there is, as of the date of enactment of this section, a settlement or consent decree with a party other than a de minimis party under section 122(g)(1) or a party that settled on the basis of an inability or limited ability to pay response costs;

        ‘(B) a remedial action is being addressed by a unilateral order issued by the Administrator under section 106 before the date of enactment of this section;

        ‘(C) all potentially responsible parties are liable or potentially liable as owners or operators under paragraph (1) or (2) of section

107(a) (notwithstanding any other bases for liability); or

        ‘(D) the remedial action is being carried out by a State under the authority of this Act, unless otherwise provided in section 130.

      ‘(4) RESPONSE COSTS- A mandatory allocation under this section shall apply to--

        ‘(A) response costs relating to the remedial action referred to in subsection (a)(2) incurred after the date of enactment of this section; and

        ‘(B) unrecovered remedial investigation and feasibility study costs relating to the remedial action referred to in subsection (a)(2) incurred by the United States before the date of enactment of this section.

      ‘(5) OTHER MATTERS- This section does not limit or affect--

        ‘(A) the ability of any person to resolve any liability, with respect to a facility, to the United States or any other person at any time before initiation or completion of the allocation process;

        ‘(B) the validity, enforceability, finality, or merits of any judicial or administrative order, judgment, or decree entered, signed, lodged, or issued before the date of enactment of this section with respect to liability under this Act; or

        ‘(C) the validity, enforceability, finality, or merits of any contract or agreement in effect before the date of enactment of this Act relating to any allocation of responsibility or any indemnity for, or sharing of, any response costs under this Act.

    ‘(c) MORATORIUM ON LITIGATION AND ENFORCEMENT-

      ‘(1) MORATORIUM AND STAY- No person may commence an action for recovery of a response cost or contribution toward a response cost under this Act in connection with a remedial action subject to a mandatory allocation under this section until 60 days after the completion or termination of allocation procedures in accordance with this section (including post-allocation settlement negotiations). Any such action that is pending as of the date of enactment of this section shall be stayed until such time, unless the court determines that such a stay would result in manifest injustice.

      ‘(2) TOLLING OF STATUTE OF LIMITATIONS- Any applicable period of limitation with respect to a claim described in paragraph (1) shall be tolled until 120 days after the expiration of the moratorium provided in paragraph (1).

      ‘(3) ACTIONS CONTEMPORANEOUS WITH SETTLEMENT- Notwithstanding this section, the Attorney General may commence a civil action against a potentially responsible party or allocation party at any time if at the same time the Attorney General files a judicial consent decree resolving the liability of the potentially responsible party or allocation party.

    ‘(d) IDENTIFICATION OF POTENTIALLY RESPONSIBLE PARTIES-

      ‘(1) IN GENERAL- As soon as reasonably practicable, the Administrator shall perform a comprehensive search to identify all potentially responsible parties at a vessel or facility with respect to which a mandatory allocation is initiated, and provide appropriate opportunity for participation by potentially responsible parties.

      ‘(2) NOMINATION OF ADDITIONAL PARTIES-

        ‘(A) SUBMISSION OF NAMES- The Administrator shall allow each potentially responsible party identified by the Administrator under paragraph (1) a reasonable period of

time in which to submit the names of additional potentially responsible parties.

        ‘(B) STATEMENT OF BASIS- A potentially responsible party nominating another person as a potentially responsible party shall--

          ‘(i) include a statement setting forth the basis in law and fact why the nominated party is potentially liable under this Act; and

          ‘(ii) submit to the Administrator and the nominated person all available information that identifies the nature and extent of the nominated person’s involvement at, and contribution of hazardous substances to, the facility.

        ‘(C) SUBMISSION BY NOMINATED PERSONS- A person nominated as a potentially responsible party may within a reasonable time submit to the Administrator information relating to inclusion of the person as a potentially responsible party at the facility.

      ‘(3) INCLUSION OF NOMINATED PERSONS- The Administrator shall include each person nominated under paragraph (2) on the list of potentially responsible parties, unless the Administrator determines that inclusion of the person as a potentially liable party is not warranted by law or not based on facts that have reasonable evidentiary support under the circumstances.

      ‘(4) LIST OF POTENTIALLY RESPONSIBLE PARTIES- On completion of the identification of potentially responsible parties and before commencing settlement negotiations under subsection (e), the Administrator shall make available in the Waste Site Information Office a list of potentially responsible parties with respect to the facility.

      ‘(5) NOT FINAL AGENCY ACTION- The identification of potentially responsible parties by the Administrator under this subsection shall not constitute final agency action for the purposes of chapter 7 of title 5, United States Code and shall not be subject to judicial review.

    ‘(e) SETTLEMENT NEGOTIATIONS-

      ‘(1) IN GENERAL- Unless, consistent with section 122(a), the Administrator determines not to use the negotiation procedures under this subsection (in which case subsection (f) shall apply), the Administrator shall provide a period of negotiation under section 122(e)(2) for each mandatory allocation before initiating an allocation process under subsection (f).

      ‘(2) ORPHAN SHARE- With respect to a response action that would otherwise be the subject of a mandatory allocation, if settling potentially responsible parties agree to perform the response action and agree to additional terms and conditions of settlement that are acceptable to the United States, the United States shall reimburse the settling parties, by payment or otherwise, 100 percent of the orphan share identified by the Administrator, subject to the availability of funds pursuant to subsection (m).

    ‘(f) ALLOCATION PROCESS-

      ‘(1) INITIATION- At the timely request of any potentially responsible party that has not resolved its liability to the United States, and after the conclusion of settlement negotiations if undertaken pursuant to subsection (e), the Administrator shall initiate an allocation process concerning a mandatory allocation in accordance with this subsection.

      ‘(2) EXCEPTION-

        ‘(A) IN GENERAL- An allocation process under this subsection shall not be required if a settlement is reached under subsection (e) that resolves 70 percent or more of the total costs of the remedial action that would be the subject of the mandatory allocation (including the orphan share).

        ‘(B) NONSETTLING PARTY- A potentially responsible party that does not agree to a settlement described in subparagraph (A) shall be subject to post-settlement litigation under subsection (n).

      ‘(3) ALLOCATION PARTY- For the purposes of this subsection--

        ‘(A) except as provided in subparagraphs (D) and (E), a potentially responsible party that has not resolved its liability to the United States before initiation of the allocation process shall be considered to be an allocation party;

        ‘(B) a potentially responsible party that has settled with the Administrator on an ability-to-pay basis shall be considered to be an allocation party to the extent necessary to determine the orphan share;

        ‘(C) a person that is exempt from liability under section 107 shall not be considered to be an allocation party, except that a person that is exempt from liability pursuant to the small business exemption in section 107(s)(1) shall be considered to be an allocation party to the extent necessary to determine the orphan share;

        ‘(D) a party that has received notification under section 122(g)(6)(A) that it is eligible for an expedited settlement under section 122(g) with respect to all or part of its liability but that has not resolved such liability in an expedited settlement before initiation of the allocation process shall not be considered an allocation party with respect to such liability, unless the Administrator determines that such party has declined to accept a settlement with respect to such liability consistent with section 122(g); and

        ‘(E) a municipality that is eligible for a settlement under section 107(u) shall not be considered an allocation party with respect to its liability for response costs under paragraph (1) or (2) of section 107(a), unless the Administrator determines that such party has declined to accept a settlement with respect to such liability consistent with section 107(u).

      ‘(4) SELECTION OF THE ALLOCATOR-

        ‘(A) IN GENERAL- An allocator shall be selected by the Administrator and the allocation parties.

        ‘(B) SELECTION BY THE ADMINISTRATOR- An allocator shall be selected by the Administrator if the parties do not select an allocator within a reasonable time.

        ‘(C) PROCEDURE- The Administrator is authorized to use the simplified acquisition procedures provided for in section 303(g)(1)(A) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A)) for contracts for the expedited selection and retention of the allocator for services with a value not exceeding $1,000,000 (including procedures for establishing alternative conflict of interest screening procedures and alternative sole source contracting requirements).

      ‘(5) PARTICIPATION BY ADMINISTRATOR AND ATTORNEY GENERAL-

        ‘(A) REPRESENTATIVE OF THE FUND- The Administrator and the Attorney General shall participate in the allocation process on behalf of the United States and as representative of the fund but shall not be an allocation party except as provided in subparagraph (B).

        ‘(B) FEDERAL POTENTIALLY RESPONSIBLE PARTIES- Federal departments, agencies, or instrumentalities, or their agents, that are identified as potentially responsible parties or allocation parties under this Act shall be subject to, and be entitled to the benefits of, the settlement negotiation and allocation processes provided in this section to the same extent as any other potentially responsible party.

      ‘(6) EQUITABLE FACTORS FOR ALLOCATION- The allocator shall prepare a nonbinding allocation of estimated contribution shares for each allocation party and the orphan share, based on the following factors:

        ‘(A) The amount of hazardous substances contributed by each allocation party.

        ‘(B) The degree of toxicity of hazardous substances contributed by each allocation party.

        ‘(C) The mobility of hazardous substances contributed by each allocation party.

        ‘(D) The degree of involvement of each allocation party in the generation, transportation, treatment, storage, or disposal of hazardous substances.

        ‘(E) The degree of care exercised by each allocation party with respect to hazardous substances, taking into account the characteristics of the hazardous substances.

        ‘(F) The cooperation of each allocation party in contributing to any response action and in providing complete and timely information to the United States or the allocator during the allocation process.

        ‘(G) Such other equitable factors as the allocator recommends, with the agreement of allocation parties and the United States.

      ‘(7) ALLOCATOR’S REPORT-

        ‘(A) ALLOCATION REPORT- The allocator shall provide a written final allocation report to the Administrator, the Attorney General, and each allocation party that specifies the estimated contribution share of each allocation party and of any orphan share.

        ‘(B) OPPORTUNITY FOR COMMENT- Before issuing the final allocation report, the allocator shall give each allocation party and the United States a reasonable opportunity to comment on a draft allocation report.

        ‘(C) ADMISSIBILITY OF ALLOCATION REPORT-

          ‘(i) IN GENERAL- No draft or final allocation report shall be admissible in any court for any purpose except as provided in clause (ii).

          ‘(ii) ADMISSION IN SUPPORT OF SETTLEMENT- The final allocator’s report, subject to the rules and discretion of the court, may be admitted into evidence solely for the purpose of supporting a settlement between the United States and an allocation party.

      ‘(8) COSTS- The Administrator may require potentially responsible parties that did not enter into a settlement under subsection (e) to pay the costs of the allocation process.

      ‘(9) JUDICIAL REVIEW- A determination, act, or failure to act by the Administrator or the allocator for the purposes of this subsection shall not be subject to judicial review, except in an action regarding the contract for allocation services.

      ‘(10) ADMINISTRATIVE ORDERS- Neither the conduct nor the results of an allocation shall constitute sufficient cause for noncompliance with an order issued under section 106.

    ‘(g) USE OF ALLOCATORS-

      ‘(1) ALLOCATION INFORMATION-

        ‘(A) CONFIDENTIALITY- All documents and materials submitted to the allocator, together with the record of any information generated or obtained during the allocation process, shall be confidential. The allocator, each allocation party, the Administrator, and the Attorney General shall maintain such documents and materials, together with the record of any information generated or obtained during the allocation process, as confidential and are prohibited from using any such material in any other matter or proceeding, and such material shall not be subject to disclosure under section 552 of title 5, United States Code. Such material shall not be discoverable or admissible in any other Federal, State, or local judicial or administrative proceedings, except--

          ‘(i) a new allocation pursuant to subsection (i) for the same remedial action, or

          ‘(ii) an initial allocation for a different remedial action at the same facility.

        ‘(B) DISCOVERABILITY AND ADMISSIBILITY- Notwithstanding the foregoing, if the original of any document or material submitted to the allocator or placed in the document repository was, in the hands of the party which provided it, otherwise discoverable or admissible, then such original document, if subsequently sought from such party, shall remain so. If a fact generated or obtained during the allocation was, in the hands of a witness, otherwise discoverable or admissible, then such fact, if subsequently sought from such other party, shall remain so.

        ‘(C) PRIVILEGE- An allocation party shall not assert any privilege as a basis for withholding any information from the allocator. The submission of documents or information pursuant to the allocation process shall not be deemed to be a waiver of any privilege, applicable to such documents or information under any Federal or State law or rule of discovery or evidence.

        ‘(D) PROCEDURE WHEN DISCOVERY IS SOUGHT- Any person, including the United States and any Federal, State, or local agency, department or instrumentality, receiving any request for a statement, document, or material submitted, or for the record of any allocation proceeding, shall promptly notify the person who originally submitted such item and, except in the case of a request from the Congress acting through any duly authorized committee thereof, shall provide such submitting person the opportunity to assert and defend the confidentiality of such item. No person shall release or provide a copy of the item to any person not a party to such allocation, other than the Congress acting through any duly authorized committee thereof, except as may be required by court order.

        ‘(E) CIVIL PENALTY-

          ‘(i) PENALTY- Any person that fails to maintain the confidentiality of, or that discloses to anyone other than a participant in the allocation process, a statement, document, or information in violation of this section, shall be subject to a civil penalty of up to $25,000 for each disclosure.

          ‘(ii) CIVIL ACTION- A civil penalty may be sought in a civil action initiated by the Attorney General on behalf of the United States.

          ‘(iii) OTHER REMEDIES- Clause (ii) has no effect on the right of an allocation party to seek relief for a failure to maintain confidentiality under any other law.

        ‘(F) RIGHT OF CONGRESS TO INFORMATION- Nothing in this section shall be construed to authorize any person, including the allocator, to withhold any documents or information from Congress, acting through any duly authorized Committee thereof, or limit in any manner the right of Congress, acting through any duly authorized Committee thereof, to obtain such documents or information. Any person disclosing such documents or information to Congress shall notify the person who produced such documents or information of the fact of such disclosure pursuant to subparagraph (D).

      ‘(2) NO RESTRICTION OF ALLOCATOR’S DISCRETION- The Administrator shall not establish

any procedure that restricts the allocator’s discretion in assigning estimated contribution shares and the orphan share under this section.

      ‘(3) INFORMATION GATHERING-

        ‘(A) IN GENERAL- The allocator may gather information in addition to that gathered by the Administrator during the process of identifying potentially responsible parties under subsection (d) as is necessary to conduct a fair and impartial allocation.

        ‘(B) AUTHORITIES- (i) In carrying out subparagraph (A), the allocator may--

          ‘(I) exercise the information gathering authority of the President under section 104(e)(2) or 122(e)(3)(B); and

          ‘(II) enforce any information request or subpoena issued by the allocator only through a request to the Attorney General to enforce such request or subpoena pursuant to subparagraph (A).

        ‘(ii) The Attorney General’s authority to seek civil or criminal penalties for failure to comply with information requests or subpoenas issued by the President under the authority referred to in clause (i)(I) shall also apply to information requests or subpoenas issued by the allocator. The Attorney General’s decision not to seek penalties for failure to comply with any information request or subpoena issued by the allocator pursuant to subparagraph (A) shall not be subject to judicial review.

    ‘(h) REJECTION OF ALLOCATION REPORT- The Administrator and the Attorney General may jointly reject a final allocation report issued by an allocator only if they jointly determine that--

      ‘(1) the final allocation report does not provide a basis for a settlement that would be fair, reasonable, and consistent with the objectives of this Act; or

      ‘(2) the allocation process was affected by bias, substantial procedural error, fraud, or unlawful conduct.

    ‘(i) SECOND AND SUBSEQUENT ALLOCATION PROCESSES-

      ‘(1) SECOND ALLOCATION PROCESS- If a final allocation report is rejected under subsection (h), a new allocation shall be performed on an expedited basis, with an allocator issuing a second allocation report, based to the extent appropriate on the record created in the first allocation process.

      ‘(2) SUBSEQUENT ALLOCATOR PROCESS- If a second allocation report is rejected under subsection (h), subsequent allocation processes may be provided at the discretion of the Administrator.

      ‘(3) NEW ALLOCATOR- The Administrator and the allocation parties may select a new allocator to conduct a second or subsequent allocation process under this subsection.

    ‘(j) SETTLEMENTS BASED ON ALLOCATIONS-

      ‘(1) IN GENERAL- Except as provided in paragraph (2), if--

        ‘(A) not later than 30 days after issuance of the final allocation report, an allocation party--

          ‘(i) makes a written offer to settle with respect to the response action based on the estimated contribution share specified by the allocator; and

          ‘(ii) agrees to additional terms and conditions that are acceptable to the President;

        ‘(B) the allocation party is not in default on any information request under this Act; and

        ‘(C) the Administrator and the Attorney General have not rejected the final allocation report under subsection (h);

      the Administrator and Attorney General shall offer a settlement to such allocation party consistent with paragraph (2).

      ‘(2) PROVISIONS OF SETTLEMENTS-

        ‘(A) IN GENERAL- A settlement based on an allocation under this section--

          ‘(i) shall provide the Administrator with authority to require that any allocation party or group of allocation parties perform a response action; and

          ‘(ii) shall include--

            ‘(I) a provision under which the United States shall provide, by reimbursement or otherwise, subject to availability of funds pursuant to subsection (m), 100 percent of the estimated contribution share assigned to the orphan share, as determined by the allocator in the final allocation report;

            ‘(II) a waiver of claims against the Fund for reimbursement, except as provided in subsection (k);

            ‘(III) a waiver of contribution claims against all persons that are parties to the settlement;

            ‘(IV) a covenant not to sue that is consistent with section 122(f) and except in the case of a cashout settlement, a provision regarding performance or adequate assurance of performance of the response action;

            ‘(V) in a settlement in which the United States is funding the estimated contribution share of nonsettling parties, a litigation risk premium calculated by the Administrator on a facility-specific basis that reflects the risk to the United States of not collecting unrecovered response costs for the response action or a pro rata share of such response costs;

            ‘(VI) protection from all claims for contribution regarding the matters addressed in the settlement;

            ‘(VII) provisions through which a settling party shall waive the settling party’s right to challenge the remedy addressed by the settlement; and

            ‘(VIII) provisions through which a settling party shall waive any challenge to any settlement the Administrator or Attorney General enters into with any other potentially responsible party at the facility.

        ‘(B) LITIGATION RISK PREMIUM- The Administrator shall by regulation develop a method for calculating a litigation risk premium. The regulation shall be based on an administrative record reflecting actual experience regarding the litigation risk faced by the United States in proceeding against nonsettling parties. Any litigation risk premium collected pursuant to subparagraph (A)(ii)(V) shall not reduce the liability of nonsettling parties pursuant to section 113(f)(2).

    ‘(k) REIMBURSEMENT-

      ‘(1) IN GENERAL- Reimbursement by the United States, by payment or otherwise, to eligible settling parties for expenses that the settling parties incur in connection with a settlement negotiated under subsection (e), or for expenses that the settling parties incur in connection with a post-allocation settlement under subsection (f), shall not be contingent on recovery by the United States of a response cost from any other person but is subject to the availability of funds pursuant to subsection (m).

      ‘(2) TIMING-

        ‘(A) IN GENERAL- To the extent that the United States provides reimbursement by payment, reimbursement under paragraph (1) shall be made during the course of the response action that is the subject of the allocation, using reasonable progress payments at significant milestones set forth in the settlement agreement.

        ‘(B) CONSTRUCTION- Complete reimbursement for construction--

          ‘(i) shall be paid not later than 120 days after the date of completion of the construction; or

          ‘(ii) if construction takes longer than 1 year to complete, shall be made in appropriate periodic payments.

      ‘(3) EQUITABLE OFFSET- A reimbursement to settling parties under paragraph (1) shall be subject to equitable offset or recovery by the Administrator at any time if the settling parties fail to perform the work in a proper and timely manner.

      ‘(4) FINANCIAL CONTROLS ON REIMBURSEMENT- The Administrator shall require all claims for reimbursement under paragraph (1) to be supported by--

        ‘(A) documentation of actual costs incurred; and

        ‘(B) sufficient information to enable the Administrator to determine whether the costs were reasonable, necessary, and consistent with the National Contingency Plan.

      ‘(5) AUDITS- The Administrator may require independent auditing of any claim for reimbursement under paragraph (1), and may require other information to support the audit.

    ‘(l) REGULATIONS- The Administrator shall promulgate regulations for the purpose of implementing this section, including regulations regarding--

      ‘(1) procedures to minimize the cost of the allocation;

      ‘(2) procedures and timeframes for potentially responsible parties to request an allocation pursuant to subsection (f)(1);

      ‘(3) the establishment and maintenance of an information repository by the allocator;

      ‘(4) simplified acquisition procedures for the expedited selection and retention by contract of the allocator;

      ‘(5) procedures for the allocator to request the Attorney General to enforce information requests or subpoenas issued pursuant to paragraph (3) of subsection (g); and

      ‘(6) procedures for independent auditing of claims for reimbursement.

    ‘(m) MANDATORY FUNDING-

      ‘(1) AMOUNTS- Subject to paragraph (5), for the purpose of funding orphan share contributions and other reimbursable amounts, as authorized by this section, there is hereby made available for obligation from amounts in the Hazardous Substances Superfund--

        ‘(A) for fiscal year 1999, $200,000,000;

        ‘(B) for fiscal year 2000, $200,000,000;

        ‘(C) for fiscal year 2001, $200,000,000;

        ‘(D) for fiscal year 2002, $200,000,000; and

        ‘(E) for fiscal year 2003, $200,000,000.

      ‘(2) AVAILABILITY OF FUNDS- The amounts in paragraph (1) shall remain available for obligation until expended.

      ‘(3) EFFECT ON CERTAIN AUTHORITY- Nothing in this subsection affects the authority of the Administrator to forego recovery of past costs.

      ‘(4) UNAVAILABILITY OF FISCAL YEAR FUNDS- Except in fiscal year 1999, if the amounts in paragraph (1) available in a fiscal year have been obligated, then up to one-half the amounts in paragraph (1) available for the next fiscal year may be obligated.

      ‘(5) CONDITION ON AVAILABILITY- An amount listed in paragraph (1) may be made available for obligation in a fiscal year only if the total amount appropriated for such fiscal year under section 111(a) equals or exceeds $1,500,000,000, or, in the case of fiscal year 1999, equals or exceeds $2,150,000,000.

    ‘(n) POST-SETTLEMENT LITIGATION-

      ‘(1) IN GENERAL- On the expiration of the moratorium period under subsection (c), the Attorney General may commence an action against any potentially responsible party that has not resolved its liability to the United States under subsection (e), or any allocation party that has not resolved its liability under subsection (f).

      ‘(2) RECOVERY- In any action under paragraph (1), a nonsettling party shall be subject to strict, joint, and several liability for response costs not recovered through settlements with other persons, including the cost of any federally funded orphan share and any federally funded share of nonsettling parties, but not including any estimated contribution shares allocated to Federal agencies, departments, or instrumentalities.

      ‘(3) IMPLEADER- A defendant in an action under paragraph (1) may implead an allocation party only if the allocation party has not resolved its liability to the United States.

      ‘(4) RESPONSE COSTS- The cost of implementing the allocation process under this section, including fees and expenses of the allocator, shall be considered to be a response cost.

      ‘(5) SETTLEMENT OFFERS AFTER COMMENCEMENT OF LITIGATION- This section shall not apply to any offer of settlement made after expiration of the moratorium period under subsection (c).

    ‘(o) RETAINED AUTHORITY-

      ‘(1) IN GENERAL- Except as specifically provided in this section, nothing in this section limits the power of the President to exercise the powers conferred by this Act.

      ‘(2) SPECIFIC AUTHORITIES- Notwithstanding the provisions of this section, the President may--

        ‘(A) file a proof of claim or take other action in a proceeding under title 11, United States Code;

        ‘(B) require performance of a response action at a facility subject to a mandatory allocation during the conduct of the allocation process; or

        ‘(C) file any actions necessary to prevent dissipation of the assets of a potentially responsible party.

      ‘(3) PRINCIPLES OF LIABILITY- The procedures established under this section shall not be construed to modify or affect the principles of retroactive, strict, joint, and several liability.

      ‘(4) NATURAL RESOURCE DAMAGES- Nothing in this section applies to or affects claims for damages to natural resources, nor shall costs associated with claims for natural resource damages be subject to allocation under this section.

    ‘(p) REPRESENTATION OF THE UNITED STATES- The Administrator and the Attorney General shall be entitled to review all documents related to, and participate in any phase of, the settlement negotiation or allocation process, consistent with subsection (g)(1).

    ‘(q) ANNUAL REPORT- The Administrator shall report annually to Congress on funds obligated or otherwise made available to address orphan shares and shares of nonsettling parties in support of settlement activities under this section.’.

SEC. 209. ENHANCEMENT OF SETTLEMENT AUTHORITIES.

    Section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622) is amended as follows:

      (1)(A) The section is amended by transferring paragraph (6) of subsection (e) to the end of the section and redesignating such paragraph as subsection (o).

      (B) Such subsection (o) (as so transferred and redesignated) is amended--

        (i) by striking ‘INCONSISTENT RESPONSE ACTION’ and inserting ‘INCONSISTENT RESPONSE ACTION’;

        (ii) by striking ‘remedial action’ both places it appears and inserting ‘response action’; and

        (iii) by inserting ‘or the State under applicable law’ before the period at the end.

      (2) Such section is amended--

        (A) in subsection (b), by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); and

        (B) by adding at the end the following new subsections:

    ‘(p) RETENTION OF FUNDS- If, as part of any settlement agreement under this Act, a potentially responsible party will be paying amounts to the President for carrying out any response action, the President may retain such amounts in interest bearing accounts, and use such amounts, together with accrued interest, to conduct or enable other persons to conduct such response action.

    ‘(q) UNSUCCESSFUL CHALLENGERS LIABLE FOR ATTORNEY’S FEES- Any party who challenges any settlement entered into between the President and any potentially responsible party under this Act, and who is not successful in overturning or modifying the settlement, shall be liable to the United States and any settling party for all reasonable attorneys’ fees and costs incurred in defending the settlement.’.

      (3) Subsection (g) is amended in the second sentence of paragraph (4) by striking ‘$500,000’ and inserting ‘$2,000,000’.

      (4) Subsection (h) is amended--

        (A) by striking the subsection heading and inserting the following: ‘AUTHORITY TO SETTLE CLAIMS FOR FINES, CIVIL PENALTIES, PUNITIVE DAMAGES, AND COST RECOVERY- ’;

        (B) in paragraph (1)--

          (i) in the first sentence, by striking ‘costs incurred’ and inserting ‘past costs incurred and future costs that may be incurred’;

          (ii) by inserting after the first sentence the following new sentences: ‘The head of any department or agency with the authority to seek fines, civil penalties, or punitive damages under this Act may consider, compromise, and settle a claim for any such fines, civil penalties, or punitive damages that may otherwise be assessed in civil administrative or judicial proceedings if the claim has not been referred to the Department of Justice for further action. If the total claim for fines, civil penalties, or punitive damages exceeds $300,000, such claim may be compromised and settled only with the prior written approval of the Attorney General.’; and

          (iii) in the last sentence, by striking ‘$500,000 (excluding interest), any claim referred to in the preceding sentence’ and inserting ‘$2,000,000 (excluding interest), any claim for response costs referred to in this subsection’; and

        (C) in paragraph (2), by striking ‘$500,000 (excluding interest)’ and inserting ‘$2,000,000 (excluding interest)’.

SEC. 210. RECYCLING TRANSACTIONS.

    Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding after section 128 the following new section:

‘SEC. 129. RECYCLING TRANSACTIONS.

    ‘(a) LIABILITY CLARIFICATION- As provided in subsections (b), (c), (d), and (e), a person who arranged for recycling of recyclable material shall not be liable under section 107(a)(3) or 107(a)(4) with respect to the material.

    ‘(b) RECYCLABLE MATERIAL DEFINED- For purposes of this section, the term ‘recyclable material’ means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber (other than whole tires), scrap metal, or spent lead-acid, spent nickel-cadmium, and other spent batteries, as well as minor amounts of material incident to or adhering to the scrap material as a result of its normal and customary use prior to becoming scrap.

    ‘(c) TRANSACTIONS INVOLVING SCRAP PAPER, PLASTIC, GLASS, TEXTILES, OR RUBBER- Transactions involving scrap paper, scrap plastic, scrap glass, scrap textiles, or scrap rubber (other than whole tires) shall be deemed to be arranging for recycling if the person who arranged for the transaction (by selling recyclable material or otherwise arranging for the recycling of recyclable material) can demonstrate by a preponderance of the evidence that all of the following criteria were met at the time of the transaction:

      ‘(1) The recyclable material met a commercial specification grade.

      ‘(2) A market existed for the recyclable material.

      ‘(3) A substantial portion of the recyclable material was made available for use as a feedstock for the manufacture of a new saleable product.

      ‘(4) The recyclable material could have been a replacement or substitute for a virgin raw material, or the product to be made from the recyclable material could have been a replacement or substitute for a product made, in whole or in part, from a virgin raw material.

      ‘(5) For transactions occurring 90 days or more after the date of enactment of this section, the person exercised reasonable care to determine that the facility where the recyclable material was handled, processed, reclaimed, or otherwise managed by another person (hereinafter in this section referred to as a ‘consuming facility’) was in compliance with substantive (not procedural or administrative) provisions of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with recyclable material.

      ‘(6) For purposes of this subsection, ‘reasonable care’ shall be determined using criteria that include (but are not limited to)--

        ‘(A) the price paid in the recycling transaction;

        ‘(B) the ability of the person to detect the nature of the consuming facility’s operations concerning its handling, processing, reclamation, or other management activities associated with recyclable material; and

        ‘(C) the result of inquiries made to the appropriate Federal, State, or local environmental agency (or agencies) regarding the consuming facility’s past and current compliance with substantive (not procedural or administrative) provisions of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with recyclable material. For the purposes of this paragraph, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activity associated with the recyclable materials shall be deemed to be a substantive provision.

    ‘(d) TRANSACTIONS INVOLVING SCRAP METAL-

      ‘(1) Transactions involving scrap metal shall be deemed to be arranging for recycling if the person who arranged for the transaction (by selling recyclable material or otherwise arranging for the recycling of recyclable material) can demonstrate by a preponderance of the evidence that at the time of the transaction--

        ‘(A) the person met the criteria set forth in subsection (c) with respect to the scrap metal;

        ‘(B) the person was in compliance with any applicable regulations or standards regarding the storage, transport, management, or other activities associated with the recycling of scrap metal that the Administrator promulgates under the Solid Waste Disposal Act subsequent to the enactment of this section and with regard to transactions occurring after the effective date of such regulations or standards; and

        ‘(C) the person did not melt the scrap metal prior to the transaction.

      ‘(2) For purposes of paragraph (1)(C), melting of scrap metal does not include the thermal separation of 2 or more materials due to differences in their melting points (referred to as ‘sweating’).

      ‘(3) For the purposes of this subsection, the term ‘scrap metal’ means bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled, except for scrap metals that the Administrator excludes from this definition by regulation and steel shipping containers of a capacity from 30 liters to and including 3,000 liters, whether intact or not, having any hazardous substance (but not metal bits or pieces) contained in or adhering thereto.

    ‘(e) TRANSACTIONS INVOLVING BATTERIES- Transactions involving spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries shall be deemed to be arranging for recycling if the person who arranged for the transaction (by selling recyclable material or otherwise arranging for the recycling of recyclable material) can demonstrate by a preponderance of the evidence that at the time of the transaction--

      ‘(1) the person met the criteria set forth in subsection (c) with respect to the spent lead-acid batteries, spent nickel-cadmium batteries, or other spent batteries;

      ‘(2) the person did not recover the valuable components of such batteries; and

      ‘(3)(A) with respect to transactions involving lead-acid batteries, the person was in compliance with applicable Federal environmental regulations or standards, and any amendments thereto, regarding the storage, transport, management, or other activities associated with the recycling of spent lead-acid batteries; and

      ‘(B) with respect to transactions involving nickel-cadmium, or other batteries, Federal environmental regulations or standards are in effect regarding the storage, transport, management, or other activities associated with the recycling of spent nickel-cadmium or other batteries, and the person was in compliance with applicable regulations or standards or any amendments thereto.

    ‘(f) EXCLUSIONS-

      ‘(1) The exemptions set forth in subsections (c), (d), and (e) shall not apply if--

        ‘(A) the person had an objectively reasonable basis to believe at the time of the recycling transaction--

          ‘(i) that the recyclable material would not be recycled;

          ‘(ii) that the recyclable material would be burned as fuel, or for energy recovery or incineration; or

          ‘(iii) for transactions occurring before 90 days after the date of the enactment of this section, that the consuming facility was not in compliance with a substantive (not procedural or administrative) provision of any Federal, State, or local environmental law, or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, or other management activities associated with the recyclable material;

        ‘(B) the person had reason to believe that hazardous substances had been added to the recyclable material for purposes other than processing for recycling; or

        ‘(C) the person failed to exercise reasonable care, including adhering to customary industry practices, with respect to the management and handling of the recyclable material.

      ‘(2) For purposes of this subsection, an objectively reasonable basis for belief shall be determined using criteria that include (but are not limited to) the size of the person’s business, customary industry practices, the price paid in the recycling transaction, and the ability of the person to detect the nature of the consuming facility’s operations concerning its handling, processing, reclamation, or other management activities associated with the recyclable material.

      ‘(3) For purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activities associated with recyclable material shall be deemed to be a substantive provision.

    ‘(g) EFFECT ON OTHER LIABILITY- Nothing in this section shall be deemed to affect the liability of a person under paragraph (1) or (2) of section 107(a). Nothing in this section shall be deemed to affect the liability of a person under paragraph (3) or (4) of section 107(a) with respect to materials that are not recyclable materials as defined in subsection (b) of this section.

    ‘(h) EXCLUSIONS- An exemption under this section does not apply if the recyclable material--

      ‘(1) contained polychlorinated biphenyls in excess of 50 parts per million or any new standard promulgated pursuant to applicable Federal laws; or

      ‘(2) is an item of scrap paper, and the item either contained at the time of the recycling transaction a hazardous substance that has been determined by the Administrator, pursuant to this section and after notice and comment, to present a significant risk to human health and the environment, or contained hazardous substances at a concentration at or higher than that determined by the Administrator to present such a significant risk.

    ‘(i) REGULATIONS- The Administrator has the authority, under section 115, to promulgate regulations concerning this section.

    ‘(j) EFFECT ON PENDING OR CONCLUDED ACTIONS- The exemptions provided in this section shall not affect any concluded judicial or administrative action or any pending judicial action initiated by the United States prior to enactment of this section.

    ‘(k) LIABILITY FOR ATTORNEY’S FEES FOR CERTAIN ACTIONS- Any person who commences an action in contribution against a person who is not liable by operation of this section shall be liable to that person for all reasonable costs of defending that action, including all reasonable attorney’s and expert witness fees.

    ‘(l) RELATIONSHIP TO LIABILITY UNDER OTHER LAWS- Nothing in this section shall affect--

      ‘(1) a person’s liability under any other Federal, State, or local statute or regulation promulgated pursuant to any such statute, including any requirements promulgated by the Administrator under the Solid Waste Disposal Act; or

      ‘(2) the ability of the Administrator to promulgate regulations under any other statute, including the Solid Waste Disposal Act.’.

SEC. 211. DEFINITIONS.

    (a) RELIGIOUS, CHARITABLE, SCIENTIFIC, OR EDUCATIONAL ORGANIZATION- Section 101(20) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is amended by adding at the end the following new subparagraph:

      ‘(H) RELIGIOUS, CHARITABLE, SCIENTIFIC, OR EDUCATIONAL ORGANIZATION- Subject to section 107(t), the term ‘owner or operator’ includes an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, that is organized and operated exclusively for religious, charitable, scientific, or education purposes, and that holds title to a vessel or facility.’.

    (b) ADDITIONAL DEFINITIONS- Section 101 of such Act (42 U.S.C. 9601) is further amended by adding at the end the following new paragraphs:

      ‘(39) MUNICIPAL SOLID WASTE- (A) The term ‘municipal solid waste’ means all waste materials generated by households, including single and multifamily residences, and hotels and motels. The term also includes waste materials generated by commercial, institutional, or industrial sources, to the extent such wastes--

        ‘(i) are essentially the same as waste normally generated by households; or

        ‘(ii) are collected and disposed of with other municipal solid waste or sewage sludge as part of normal municipal solid waste collection services, and, with respect to each source from which the waste materials were collected, qualifies for the de micromis exemption set forth in section 107(s)(2).

      ‘(B) Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, elementary or secondary school science laboratory waste, and household hazardous waste. The term does not include combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households.

      ‘(40) MUNICIPALITY- The term ‘municipality’ means a political subdivision of a State, including a city, county, village, town, township, borough, parish, school, school district, sanitation district, water district, or other public entity performing local governmental functions. The term also includes a natural person acting in the capacity of an official, employee, or agent of any entity referred to in the preceding sentence in the performance of governmental functions.

      ‘(41) OWNER, OPERATOR, OR LESSEE OF RESIDENTIAL PROPERTY- The term ‘owner, operator, or lessee of residential property’ means a person who owns, operates, manages, or leases residential property and who uses or allows the use of the residential property exclusively for residential purposes. The term ‘residential property’ means single or multifamily residences, including accessory land, buildings, or improvements incidental to such dwellings, that are exclusively for residential use.

      ‘(42) QUALIFIED HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM- The term ‘qualified household hazardous waste collection program’ means a program established by an entity of the Federal Government, a State, a municipality, or an Indian tribe that provides, at a minimum, for annual collection of household hazardous wastes at accessible, well-publicized collection points.

      ‘(43) SMALL NONPROFIT ORGANIZATION- The term ‘small nonprofit organization’ means any organization that, at the time of disposal, did not distribute any part of its income or profit to its members, directors, or officers, employed no more than 40 paid individuals at the chapter, office, or department, and was an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.

      ‘(44) SEWAGE SLUDGE- The term ‘sewage sludge’ means solid, semisolid, or liquid residue removed during the treatment of municipal waste water, domestic sewage, or other waste water at or by publicly owned or federally owned treatment works.’.

    (c) MISCELLANEOUS AMENDMENTS TO DEFINITIONS- Section 101 of such Act (42 U.S.C. 9601) is further amended as follows:

      (1) Section 101(10)(H) is amended by striking ‘subject to’ and inserting ‘in compliance with’.

      (2) Section 101(23) is amended--

        (A) in the first sentence--

          (i) by striking ‘terms’ and inserting ‘term’;

          (ii) by striking ‘necessary taken’ and inserting ‘necessary to take’; and

          (iii) by inserting after ‘environment, such actions’ the following: ‘environment, such actions or combination of such actions’; and

        (B) in the second sentence--

          (i) by striking ‘section 104(b) of this Act, and’ and inserting the following: ‘section 104(b) of this Act (including remedial investigations, feasibility studies, and remedial design work),’; and

          (ii) by inserting before the period at the end the following: ‘, or any combination of the activities described in this sentence’.

      (3) Section 101(25) is amended--

        (A) by striking ‘terms’ and inserting ‘term’;

        (B) by striking ‘remedial action;, all’ and inserting ‘remedial action. All’; and

        (C) by striking ‘related thereto.’ and inserting ‘(including attorneys’ fees and expert witness fees) and oversight activities related thereto when such activities are undertaken by the President, a State, or an Indian tribe.’.

      (4) Section 101(29) is amended by striking the period and inserting the following: ‘, except that the term ‘hazardous substances’ shall be substituted for the term ‘hazardous waste’ in the definitions of ‘disposal’ and ‘treatment’.’.

TITLE III--REMEDY

SEC. 301. AMENDMENTS RELATING TO SELECTION OF REMEDIAL ACTION.

    (a) AMENDMENTS TO GENERAL RULES- (1) Section 121(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(b)) is amended in paragraph (1)--

      (A) by adding after the first sentence the following: ‘The preference shall be implemented in accordance with guidance published by the Administrator pertaining to principal threat and low level threat wastes.’;

      (B) by striking ‘The President shall conduct an assessment’ and all that follows through ‘resource recovery technologies to the maximum extent practicable.’ and inserting the following: ‘The President shall select a remedial action that is protective of human health and the environment, that is cost effective, and that assures long-term reliability of protection of human health and the environment. To the maximum extent practicable, a remedial action selected by the President shall make contaminated land available for beneficial use, and return contaminated ground water and surface water to beneficial use in a period of time that is reasonable under the circumstances of the release. A remedial action shall protect uncontaminated ground water and surface water unless (A) technically infeasible, or (B) limited migration of contamination is necessary to facilitate restoration of ground water to beneficial use.’.

    (2) Section 121(b) of such Act is further amended--

      (A) by redesignating paragraph (2) as paragraph (3); and

      (B) by inserting after paragraph (1) the following:

    ‘(2) In assessing alternative remedial actions and in selecting a remedial action, the President shall comply with paragraph (1) and, at a minimum, take into account each of the following factors:

      ‘(A) The effectiveness of the remedy in protecting human health and the environment, including consideration of children and other highly exposed or highly susceptible subpopulations.

      ‘(B) The reliability of the remedy in maintaining protection of human health and the environment over the long term, considering the preference for treatment set forth in the first sentence of paragraph (1).

      ‘(C) Any short-term risk posed by the implementation of the remedy to the community, to those engaged in the cleanup effort, and to the environment.

      ‘(D) The implementability of the remedy.

      ‘(E) The acceptability of the remedy to the community.

      ‘(F) The cost of the remedy, including the total short-term and long-term costs and the costs of operation and maintenance for the entire period during which operation and maintenance will be required.

      ‘(G) The potential for future remedial action costs if the alternative remedial action in question were to fail.

      ‘(H) The acceptability of the remedy to the State in which the facility is located or to the Indian Tribe if the facility is located in Indian country (as defined in 18 U.S.C. 1151).’.

    (b) AMENDMENT OF SITE REVIEW REQUIREMENT- Section 121(c) of such Act is amended by striking in the first sentence ‘the initiation of’ and inserting ‘construction and installation of equipment and structures to be used for’ and by adding the following after the first sentence: ‘The President shall review the effectiveness of and compliance with any institutional controls related to the remedial action during the review. Such review shall include, at a minimum, an evaluation of the technical sufficiency and legal efficacy of such controls.’.

    (c) AMENDMENTS RELATING TO DEGREE OF CLEANUP- Section 121 of such Act is amended as follows:

      (1) Subsection (d)(1) is amended by striking the last sentence.

      (2) Subsection (d)(2)(A) is amended as follows:

        (A) By striking ‘or is relevant and appropriate under the circumstances of the release or threatened release of such hazardous substance or pollutant or contaminant’.

        (B) By inserting after ‘is legally applicable’ the following: ‘to the conduct or operation of the remedial action or’.

        (C) By striking ‘or relevant and appropriate’.

        (D) By inserting the following before the last sentence: ‘In the case of contaminated ground water or surface water which may be used for drinking water, such remedial action shall require a level or standard of control which at least attains the maximum contaminant levels or non-zero maximum contaminant level goals established under the Safe Drinking Water Act for the hazardous substances or pollutants or contaminants concerned.’.

        (E) In the last sentence--

          (i) by inserting ‘also’ after ‘shall’;

          (ii) by striking ‘Maximum Contaminant Level Goals established under the Safe Drinking Water Act and’; and

          (iii) by striking ‘goals or’.

        (F) By inserting ‘or Tribal’ after ‘a State’ and after ‘such State’ and by inserting ‘or Tribe’ after ‘the State’.

      (3) Subsection (d)(2) is amended--

        (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and

        (B) by inserting after subparagraph (A) the following new subparagraph:

    ‘(B)(i) In the case of a remedial action for which the President makes a determination described in clause (ii), the President shall ensure that the remedial action attains levels or standards of control that are protective of human health and the environment.

    ‘(ii) The determination referred to in clause (i) is a determination by the President with respect to a remedial action that--

      ‘(I) no applicable Federal, State, or Tribal standard, requirement, criteria, or limitation has been established for a specific hazardous substance, pollutant, or contaminant present at the facility at which the remedial action is being undertaken; or

      ‘(II) in the case of a remedial action at a facility where there are multiple hazardous substances, pollutants, or contaminants, the remedial action is not protective of human health and the environment even though applicable standards, requirements, criteria, or limitations are attained.

    ‘(iii) In the case of a remedial action for a release or threatened release of a hazardous substance, pollutant, or contaminant into a source of drinking water, if the President makes a determination described in clause (ii)(I), the President shall consider proposed maximum contaminant levels or non-zero maximum contaminant level goals under the Safe Drinking Water Act, health advisories, and other relevant information in ensuring that the remedial action attains levels or standards of control that are protective of human health and the environment.’.

      (4) Subsection (d)(2)(D) (as redesignated by paragraph (3)) is amended by striking clause (iv).

      (5) Subsection (d)(4) is amended--

        (A) by redesignating subparagraphs (A), (B), (C), (D), (E), and (F) as clauses (i), (ii), (iii), (iv), (v), and (vi), respectively;

        (B) by capitalizing the first word in each of those clauses (as so redesignated);

        (C) by striking the semicolon and inserting a period at the end of each of clauses (i), (ii), (iii), and (iv) (as so redesignated);

        (D) by striking ‘; or’ at the end of clause (v) (as so redesignated) and inserting a period;

        (E) by striking ‘President finds that--’ and inserting ‘President finds any of the following:’;

        (F) in clause (iii) (as so redesignated) by adding at the end the following: ‘Findings of technical impracticability from an engineering perspective may be based on engineering feasibility and reliability or inordinate costs and may be made as soon as adequate and reliable information is available to make the finding.’;

        (G) by inserting ‘(A)’ before ‘The President may select’;

        (H) by designating the text following clause (vi) as subparagraph (B); and

        (I) by adding at the end the following new subparagraph:

    ‘(C) In any case where the President, in making a finding of technical impracticability pursuant to clause (iii) of subparagraph (A), waives any requirement, standard, criteria, or limitation specified under paragraph (2)(A) relating to contaminated ground water or surface water, the President shall select an appropriate remedy for contaminated ground water or surface water which meets, at a minimum, the following requirements:

      ‘(i) Prevention or elimination of any human ingestion of or exposure to water containing any hazardous substance, pollutant, or contaminant at levels in excess of the levels specified under paragraph (2)(A) including, as appropriate, the provision of an alternate water supply.

      ‘(ii) Assurance that source areas that may continue to release hazardous substances, pollutants, or contaminants to ground or surface waters shall be contained to the extent technically feasible. Treatment shall be required to reduce the mass or hazard of residual contamination unless technically impracticable from an engineering perspective.

      ‘(iii) Unless technically impracticable from an engineering perspective--

        ‘(I) prevention of impairment of any surface water designated use established under section 303 of the Federal Water Pollution Control Act caused by such hazardous substance, pollutant, or contaminant in any surface water body into which such contaminated ground water is known or expected to enter; and

        ‘(II) prevention of any further impairment of an already-impaired surface water designated use.

      ‘(iv) Assurance that, unless technically infeasible, ground water contamination shall be contained, except where limited migration of contamination is necessary to facilitate restoration of ground water to beneficial use.

      ‘(v) Provision for long-term monitoring of such ground water (including any information needed for the purposes of review under section 121(c)).

      ‘(vi) Assurance that, if the President has selected alternative sources of water supply or methods of treating contaminated water, including point-of-entry and point-of-use treatment, the party or parties otherwise responsible for remediation shall assume responsibility and liability for providing drinking water meeting the requirements of levels specified in paragraph (2)(A), including all associated incremental costs for operation, maintenance, and delivery of drinking water for present and anticipated future uses until such time as the level of contamination is reliably and consistently below the levels specified by paragraph (2)(A).’.

    (d) PROCEDURAL REQUIREMENTS; ENFORCEMENT- (1) Section 121(e)(1) is amended by adding the following at the end thereof: ‘Except for recordkeeping and reporting, procedural requirements of State laws shall not apply to the portion of any removal or remedial action conducted entirely onsite.’.

    (2) Section 121(e)(2) is amended by adding the following after the first sentence: ‘States may enforce such standards, requirements, criteria, or limitations regardless of whether the remedial action plan is selected by the Environmental Protection Agency or by a State pursuant to a cooperative agreement with the Environmental Protection Agency, and regardless of whether it is implemented pursuant to a consent decree, a unilateral or consent order, or an interagency agreement under section 120.’.

    (e) RISK ASSESSMENTS- Section 104(b)(1) of such Act is amended by adding at the end the following: ‘The goal of any risk assessment performed under this Act is to provide informative and understandable estimates that

neither minimize nor exaggerate the current or potential risks posed by a facility, to provide information about the nature, likelihood, and severity of risks, including qualitative descriptions of hazards and means of exposure, and to disclose any significant uncertainties and gaps in data.’.

    (f) LAND USES- Section 121 of such Act is further amended by adding at the end the following new subsection:

    ‘(g) LAND USES-

      ‘(1) FACTORS- In selecting a remedy, the Administrator shall take into account the reasonably anticipated future uses of land at a facility and, to the extent appropriate, of nearby property. In developing reasonable assumptions regarding anticipated future land uses to be used in the development and evaluation of remedial alternatives, the Administrator shall consider the following factors, as appropriate:

        ‘(A) The views of elected local government officials.

        ‘(B) The current land use zoning, future land use plans of the local government with land use regulatory authority, and water management plans.

        ‘(C) Views of the affected community, giving substantial weight to recommendations of any Community Advisory Group as provided under section 117(g) or, as appropriate, a restoration or site-specific advisory board.

        ‘(D) The land use history of the facility and surrounding properties, the current land uses of the facility and surrounding properties, recent development patterns in the area where the facility is located, and population projections for that area.

        ‘(E) Federal or State land use designations, including national park designations, State ground water or surface water recharge area designations established under a State’s comprehensive protection plan for ground water or surface water or other State or Federal delineations of underground sources of drinking water, and recreational area designations.

        ‘(F) The potential for beneficial use.

        ‘(G) Beneficial uses of underlying ground water, as determined under subsection (h).

        ‘(H) The proximity of the contamination to residences, sensitive populations or ecosystems, natural resources, or areas of unique historic or cultural significance.

        ‘(I) Current plans for the future use of the facility by the property owner or owners, not including potential remedial measures.

        ‘(J) Navigational and transportation uses that may be affected by the facility.

        ‘(K) Reasonably anticipated ecological services provided by the resource.

        ‘(L) Tribal land use designations for a facility in Indian country (as defined in 18 U.S.C. 1151)

        ‘(M) Any additional factors the Administrator considers appropriate.

      Restrictive future land use assumptions can be used in evaluating remedial alternatives only to the extent that institutional controls meeting the criteria of subsection (i) and section 104 have been or will be adopted as part of a remedial action.

      ‘(2) ADMINISTRATIVE RECORD- All information considered by the President in evaluating reasonably anticipated future land uses under this subsection shall be included in the administrative record under section 113(k).’.

    (g) GROUND WATER USES- Section 121 of such Act is further amended by adding at the end the following new subsection:

    ‘(h) GROUND WATER USES-

      ‘(1) DETERMINATION OF WATER USES-

        ‘(A) In selecting a remedial action to restore ground water to drinking water or other beneficial use, the President shall defer to a State’s classifications and designations relating to ground water if the President finds that they were developed--

          ‘(i) based on an aquifer or watershed analysis or relevant hydrogeological information;

          ‘(ii) with participation of the public;

          ‘(iii) in consultation with water suppliers; and

          ‘(iv) using methodology that is consistently applied throughout the State.

        ‘(B) In a case in which there is no deference under subparagraph (A) to State classifications and designations, or if interstate ground water resources may be affected by the release or threatened release and the affected States do not agree on the reasonably anticipated beneficial uses of the interstate ground water, the Administrator shall determine the reasonably anticipated beneficial uses of ground water potentially impacted by releases from the facility following consultation with the affected States and consideration of relevant factors, including, as appropriate, the current and anticipated uses planned by local water suppliers.

        ‘(C) In a case in which there is no deference under subparagraph (A) to State classifications and designations, the Administrator shall begin the determination of the reasonably anticipated beneficial use of ground water with the presumption that ground water is reasonably anticipated to be used as drinking water. Such presumption may be overcome through site-specific information identified during the analysis of relevant factors under subparagraph (B).

      ‘(2) EXCLUSION OF CERTAIN GROUND WATERS- (A) For purposes of this section, ground water in the State that may be used for drinking water does not include any of the following:

        ‘(i) Ground water containing more than 10,000 milligrams per liter total dissolved solids from naturally occurring sources.

        ‘(ii) Ground water that is so contaminated by naturally occurring conditions or by the effects of broad-scale human activity unrelated to a specific activity that restoration of drinking water quality is impracticable.

        ‘(iii) Ground water from which the potential source of drinking water is physically incapable of yielding a quantity of 150 gallons per day of water to a well or spring, unless available information indicates that such source is or has been used as a source of drinking water.

      ‘(B) Notwithstanding subparagraph (A), ground water described in clause (i), (ii), or (iii) of that subparagraph may be used for drinking water in a State if the State has made a specific classification or designation that the ground water described in such clause may be used for drinking water and the President finds such classification or designation was developed as described in paragraph (1)(A).’.

    (h) INSTITUTIONAL CONTROLS- Section 121 of such Act is further amended by adding at the end the following new subsection:

    ‘(i) INSTITUTIONAL CONTROLS-

      ‘(1) IN GENERAL- The President may not select a remedial action that allows hazardous substances, pollutants, or contaminants to remain onsite at a facility above levels that would be protective for unrestricted use unless institutional controls are incorporated into the remedial action to achieve protection of human health and the environment during and after completion of the remedial action. The President may use institutional controls as a supplement to, but not as a substitute for, other response measures, except in extraordinary circumstances.

      ‘(2) ASSURANCES- In any case in which the President selects a response action that relies on restrictions on land use or other activities to provide protection, the President shall--

        ‘(A) ensure that such controls are adequate to protect human health and the environment over the long term;

        ‘(B) require measures to ensure that such controls will be appropriately implemented, monitored, and enforced;

        ‘(C) ensure that such controls have been developed with opportunity for public participation in accordance with section 117, identified in the register established under section 104(k)(12), and incorporated in the recordation systems of the appropriate jurisdiction in which the property is located; and

        ‘(D) ensure that such controls shall remain in effect until the President determines they are no longer necessary to protect human health and the environment.

      ‘(3) USE OF INSTITUTIONAL CONTROLS- Whenever institutional controls are selected as a component of a response action, the President shall ensure that the terms of the controls are specified in all appropriate decision documents, enforcement orders, and public information regarding the site. At a minimum, the President shall specify the government official who is primarily responsible for monitoring and enforcing the institutional controls. Each record of decision with respect to a facility shall clearly identify any institutional controls that restrict uses of land or other resources or other activities at the facility. If, after the record of decision is signed, the President determines that there must be a change in the nature or form of institutional controls at the facility, such change shall be undertaken consistent with section 117 and notice shall be given pursuant to the requirements of section 104.

      ‘(4) FACILITY FUND- In the case of a facility for which the selected remedial action is containment or which otherwise results in hazardous substances, pollutants, or contaminants remaining on site above levels that would allow for unrestricted use of the facility a fund may be established specifically for that facility in an amount sufficient to guarantee successful performance of a remedy at the facility. The fund shall consist of amounts deposited into it by potentially responsible parties. The amounts in the fund shall be held in escrow by a non-Federal entity (other than a potentially responsible party) for use at the specific facility for any response necessary in the event that the remedial action is not protective of human health and the environment. Such costs shall be response costs under section 107(a). The President may, in his discretion, require a fund to be established as a condition of settlement under section 122.

      ‘(5) REPORT TO CONGRESS- The Administrator shall on March 1, 1999, and annually thereafter, report to Congress for each record of decision signed during the previous fiscal year, the type of institutional controls and media affected, and the institution designated to monitor, enforce, and ensure compliance with the institutional controls.’.

    (i) CONTAMINATED MEDIA- Section 121 of such Act is further amended by adding at the end the following new subsection:

    ‘(j) CONTAMINATED MEDIA-

      ‘(1) COMPLIANCE WITH STANDARDS FOR WASTES SUBJECT TO LAND DISPOSAL PROHIBITION- Compliance at a facility with standards promulgated under section 3004(m) of the Solid Waste Disposal Act (42 U.S.C. 6924(m))

before January 1, 1998, shall not be required with respect to return, replacement, or disposal of contaminated media and residuals of such media into the same medium in or very near existing areas of contamination on-site, upon the effective date of standards promulgated by the Administrator specifically for contaminated media.

      ‘(2) COMPLIANCE WITH MINIMUM TECHNOLOGICAL REQUIREMENTS- Compliance at a facility with standards promulgated under section 3004(o) of the Solid Waste Disposal Act (42 U.S.C. 6924(o)) before January 1, 1998, shall not be required with respect to temporary placement of contaminated media or residuals of such media into the same medium in or very near existing areas of contamination on-site, upon the effective date of standards promulgated by the Administrator specifically applicable to units for such temporary placement.’.

    (j) TRANSITION-

      (1) EFFECTIVE DATE- This section, and the amendments made by this section, shall become effective 180 days after the date of enactment of this Act. Remedies selected under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 following that effective date shall be selected as provided in section 121(b) of that Act (as amended by this Act) and subject to the Federal and State requirements specified in section 121(d)(2) of that Act (as amended by this Act).

      (2) PRIOR RODS- (A) Nothing in this Act shall place upon the Administrator an obligation to reopen a record of decision signed prior to the effective date of this section.

      (B) If, pursuant to section 117 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Administrator determines that a change to a record of decision signed prior to the effective date of this section is necessary, the Administrator may apply the rules in effect at the time the original record of decision was signed.

SEC. 302. AUTHORITIES FOR INSTITUTIONAL CONTROLS.

    Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended by adding at the end the following:

    ‘(k) HAZARDOUS SUBSTANCE PROPERTY USE-

      ‘(1) AUTHORITY OF PRESIDENT TO ACQUIRE EASEMENTS- In connection with any response action under this Act, in order to prevent exposure to, reduce the likelihood of, or otherwise respond to a release or threatened release of a hazardous substance, pollutant, or contaminant, the President may acquire a hazardous substance easement by purchase or other agreement, by condemnation, or by any other means permitted by law, at fair market value, or for other consideration as agreed to by the parties, a hazardous substance easement which restricts, limits, or controls the use of land or other natural resources, including specifying permissible or impermissible uses of land, prohibiting specified activities upon property, prohibiting the drilling of wells or use of ground water, or restricting the use of surface water.

      ‘(2) USE OF EASEMENTS- A hazardous substance easement under this subsection may be used wherever institutional controls have been selected as a component of a response action in accordance with this Act and the National Contingency Plan.

      ‘(3) PERSONS SUBJECT TO EASEMENTS- A hazardous substance easement shall be enforceable in perpetuity (unless terminated and released as provided for in this section) against any owner of the affected property and all persons who subsequently acquire an interest in the property or rights to use the property, including lessees, licensees, and any other person with an interest in the property, without respect to privity or lack of privity of estate or contract, lack of benefit running to any other property, assignment of the easement to another party or sale or other transfer of the burdened property, or any other circumstance which might otherwise affect the enforceability of easements or similar deed restrictions under the laws of the State. The easement shall be binding upon holders of any other interests in the property regardless of whether such interests are recorded or whether they were recorded prior or subsequent to the easement, and shall remain in effect notwithstanding any foreclosure or other assertion of such interests.

      ‘(4) CONTENTS OF EASEMENTS- A hazardous substance easement shall contain, at a minimum--

        ‘(A) a legal description of the property affected;

        ‘(B) the name or names of any current owner or owners of the property as reflected in public land records;

        ‘(C) a description of the release or threatened release; and

        ‘(D) a statement as to the nature of the restriction, limitation, or control created by the easement.

      ‘(5) RECORDING AND FILING OF EASEMENT- Whenever the President acquires a hazardous substance easement or assigns a hazardous substance easement to another party, the President shall record the easement in the public land records for the jurisdiction in which the affected property is located. If the State has not by law designated one office for the recording of interests in real property or claims or rights burdening real property, the easement shall be filed in the office of the clerk of the United States district court for the district in which the affected property is located and the registry.

      ‘(6) COSTS OF OBTAINING EASEMENTS- The costs of obtaining, ensuring adequate public notice of, and otherwise tracking and maintaining the protections afforded by the easements or other institutional controls shall be considered response costs which are recoverable under this Act.

      ‘(7) ASSIGNMENT OF EASEMENTS TO PARTIES OTHER THAN THE PRESIDENT-

        ‘(A) AUTHORITY TO ASSIGN- The President may, where appropriate and with the consent of the State, assign an easement acquired under this subsection to a State or political subdivision of a State that has the capability of effectively enforcing the easement over the period of time necessary to achieve the purposes of the easement. In the case of any assignment, the easement shall also be fully enforceable by the assignee. Any assignment of such an easement by the President may be made by following the same procedures as are used for the transfer of an interest in real property to a State under section 104(j).

        ‘(B) EASEMENTS HELD BY OTHER PERSONS- Any interest in property granted to a State, an Indian Tribe, or another governmental entity or other person which restricts, limits, or controls the use of land or other natural resources in order to prevent exposure to, reduce the likelihood of, or otherwise respond to, a release or threatened release of a hazardous substance, pollutant, or contaminant, and which is expressly designated in writing as a hazardous substance easement within the meaning of this paragraph, shall create the same rights, have the same legal effect, and be enforceable in the same manner as a hazardous substance easement acquired by the President regardless of whether the interest in property is otherwise denominated as an easement, covenant, or any other form of property right.

      ‘(8) PUBLIC NOTICE- Not later than 180 days after the date of the enactment of this subsection, the President shall issue regulations regarding the procedures to be used for public notice of proposed property use restrictions. Such regulations shall ensure that before acquiring a hazardous substance easement, and before recording any notice of such easement, the President will give notice and an opportunity to comment to the owner of the affected property, all other persons with recorded interests in the property, any lessees or other authorized occupants of the property known to the President, the State and any municipalities in which the property is located, any relevant community work group established under section 117, the affected community and the general public.

      ‘(9) TERMINATION OR MODIFICATION OF EASEMENTS- An easement acquired under this subsection shall remain in force until the holder of the easement executes and records a modification or termination and release in accordance with the terms of the easement and approved by the Administrator. Such modification or termination shall be recorded in the same manner as the easement.

      ‘(10) ENFORCEMENT-

        ‘(A) EFFECT OF VIOLATIONS- Violation of any restriction, limitation, or control imposed under a hazardous substance easement shall have the same effect as failure to comply with an order issued under section 106 and relief may be sought either in enforcement actions under section 106(b)(1), section 120(g), or section 130(e), by States under section 121(e)(2), or in citizens suits under section 310. No citizens suit under section 310 to enforce such a notice may be commenced if the holder of the easement has commenced and is diligently prosecuting an action in court to enforce the easement.

        ‘(B) ENFORCEMENT ACTIONS- The President may take appropriate enforcement actions to ensure compliance with the terms of the easement whenever the Administrator of the Environmental Protection Agency determines that the terms set forth in the easement are being violated. If the easement is held by a party other than the President and that party has not taken appropriate enforcement actions, the President may notify the party of the violation. If the party does not take appropriate enforcement actions within 30 days of such notification, or sooner in the case of an imminent hazard, the President may initiate such enforcement actions.

        ‘(C) SAVINGS CLAUSE- Nothing in this section shall limit rights or remedies available under other laws.

      ‘(11) APPLICABILITY OF OTHER PROVISIONS- Holding a hazardous substance easement shall not in itself subject either the holder thereof or the owner of the affected property to liability under section 107. Any such easement acquired by the President shall not be subject to the requirements of section 104(j)(2) or 120(h). Nothing in this subsection limits or modifies the authority of the President pursuant to section 104(j)(1).

      ‘(12) REGISTRY OF INSTITUTIONAL CONTROLS- The President shall maintain a registry of all property at which institutional controls have been established in connection with any response action under this Act. The registry shall identify the property and the nature or form of the institutional controls, including any subsequent changes in the nature or form of such controls. Where this section refers to the filing of any document in the local land records, if the State has not by law designated one office for the recording of interests in real property or claims or rights burdening real property, or, if the procedures maintained by the designated office do not allow for the filing of such a document, the document shall be filed in this registry.’.

SEC. 303. REMOVAL ACTIONS.

    Section 104(c)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(1)) is amended--

      (1) by striking ‘consistent with the remedial action to be taken’ and inserting ‘not inconsistent with any remedial action that has been selected or is anticipated at the time of the removal action,’;

      (2) by striking ‘$2,000,000’ and inserting ‘$4,000,000’; and

      (3) by striking ‘12 months’ and inserting ‘two years’.

TITLE IV--COMMUNITY PARTICIPATION AND HUMAN HEALTH

Subtitle A--Community Participation

SEC. 401. DEFINITIONS.

    Section 117 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is amended by adding at the end the following:

    ‘(j) DEFINITIONS-

      ‘(1) COVERED FACILITY- The term ‘covered facility’ means a facility--

        ‘(A) that has been listed or proposed for listing on the National Priorities List;

        ‘(B) at which the Administrator is undertaking an action anticipated to exceed 1 year or the funding limit under section 104 of this Act is anticipated to be reached; or

        ‘(C) with respect to which the Administrator of ATSDR has accepted a petition requesting a health assessment or related health activity under section 104(i)(6)(B).

      ‘(2) AFFECTED COMMUNITY- The term ‘affected community’ means any group of 2 or more individuals (including representatives of Indian tribes) which may be affected by the release or threatened release of hazardous substances, pollutants, or contaminants at a covered facility.’.

SEC. 402. PUBLIC PARTICIPATION.

    (a) TAG GRANTS- Section 117(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617(e)) is amended to read as follows:

    ‘(e) GRANTS FOR TECHNICAL ASSISTANCE-

      ‘(1) AUTHORITY- In accordance with the rules promulgated by the Administrator, the Administrator may make grants available to any Community Advisory Group or affected community. Such grants shall be known as Technical Assistance Grants (‘TAGs’).

      ‘(2) SPECIAL RULES- No matching contribution shall be required for a Technical Assistance Grant. The Administrator may make the lesser of $5,000 or 10 percent of the total grant amount available to the grant recipient, in advance of the expenditures to be covered by the grant.

      ‘(3) GRANT AVAILABILITY- The Administrator shall promptly notify residents and Indian tribes living near a covered facility that a technical assistance grant is available under this section.

      ‘(4) NUMBER OF TAGS PER FACILITY- Except as provided in this paragraph, not more than one grant may be made at a time under this subsection with respect to a single covered facility, but the grant may be renewed to facilitate public participation at all stages of response action. Limits shall be established with respect to the number of years for which grants may be available based on the duration, type, and extent of response activity at a facility. The Administrator may provide more than one grant under this subsection with respect to a single covered facility, considering such factors as the area affected by the facility and the distances between affected communities.

      ‘(5) FUNDING AMOUNT- The initial amount of any grant under this subsection may not exceed $50,000 for a single grant recipient. Except that, the Administrator may increase the amount of the grant if the grant recipient demonstrates that the covered facility’s characteristics indicate additional funds are necessary due to the complexity of the response action, including the size and complexity of the facility, or nature or volume of site-related information. In addition, the Administrator must find that the grant recipient’s management of a previous grant award, if any, was satisfactory, and the costs incurred under the award are allowable and reasonable.

      ‘(6) SIMPLIFICATION- To ensure that the application process is accessible to all affected citizens, the Administrator shall review the existing guidelines and application procedures for the TAG grants and, within 180 days after the enactment of this section, revise, as appropriate, such guidelines and procedures to simplify the process of obtaining such grants.

      ‘(7) AUTHORIZED GRANT ACTIVITIES-

        ‘(A) INTERPRETATION OF INFORMATION- Grants awarded under this subsection may be used to obtain technical assistance in interpreting information and providing input with regard to (i) the nature of the hazard at a facility; (ii) sampling and monitoring plans; (iii) the remedial investigation and feasibility study; (iv) the record of decision; (v) the selection, design, and construction of the remedial action; (vi) operation and maintenance; (vii) removal activities at such facility; or (viii) health assessment or related health activity.

        ‘(B) ADDITIONAL ACTIVITIES- Grants awarded under this section also may be used (i) to obtain technical assistance in interpreting information used to rank facilities according to the Hazard Ranking System, (ii) to hire health experts to advise affected residents on health assessment and data gathering efforts and response activities, and on the design of any health studies that a government agency performs, (iii) to hire technical experts to file comments with governmental agencies and generate other documents as necessary to ensure full participation by the grant recipient, (iv) to publish newsletters or otherwise finance the dissemination of information to other members of the community, and (v) to evaluate the reliability of long-term operation and maintenance and institutional controls. In addition, not more than 10 percent of the amount of a technical assistance grant under this section may be used for training, hiring of neutral professionals to facilitate deliberations and consensus efforts or hiring community liaisons to potentially responsible parties and government agencies.

        ‘(C) AVAILABILITY OF INFORMATION- Information generated by the recipients of grants under this section shall be made available, as appropriate, to the appropriate Waste Site Information Office.

      ‘(8) NON-SITE-SPECIFIC GRANTS- In accordance with the rules promulgated by the Administrator, the Administrator may make Technical Assistance Grant funds available to Indian tribes, nonprofit organizations, and citizens groups to enhance their participation in rulemaking processes carried out in accordance with this Act. Total funding for all such grants shall not exceed $100,000.’.

    (b) IMPROVING CITIZEN AND COMMUNITY PARTICIPATION- (1) Such section 117 is amended by redesignating paragraphs (1) and (2) of subsection (a) as subparagraphs (A) and (B), by striking ‘under paragraph (1)’ in such subsection (a) and inserting ‘under subparagraph (A)’, by redesignating such subsection (a) as paragraph (4), by redesignating subsections (b) and (c) as paragraphs (6) and (7) of subsection (a), and by inserting the following immediately after the section heading:

    ‘(a) IMPROVING CITIZEN AND COMMUNITY PARTICIPATION IN DECISIONMAKING-

      ‘(1) IN GENERAL- In order to provide an opportunity for meaningful public participation in every significant phase of response activities under this Act, the President shall take the actions specified in this subsection. Public meetings required under this subsection shall be designed to obtain information from the community and disseminate information to the community concerning the President’s facility activities and pending decisions.

      ‘(2) HEALTH ASSESSMENT AND PRELIMINARY ASSESSMENT AND SITE INSPECTION- The President shall provide the opportunity for public meetings and publish a notice of such meetings before or during performance of the health assessment or related health activity and the preliminary assessment and site inspection, as appropriate. Where the President determines a meeting is not appropriate at the preliminary assessment and site inspection stage, the President shall provide adequate public notice of that decision. To the extent practicable, before or during the health assessment or related health activity and site inspection, the President shall solicit and evaluate concerns, interests, and information from the Community Advisory Group, if any, affected Indian Tribes, the affected

community, local government officials and local health officials. The evaluation shall include, as appropriate, face-to-face community surveys to identify the location of private drinking water wells, potential exposure pathways, including historic and current or potential use of water, and other environmental resources in the community; a public meeting; written responses to significant concerns; and other appropriate participatory activities.

      ‘(3) REMEDIAL INVESTIGATION AND FEASIBILITY STUDY- The President shall provide the opportunity for public meetings and publish a notice of such meetings before or during the Remedial Investigation and Feasibility Study (RI/FS). During the remedial investigation and feasibility study, the President shall solicit the views and preferences of the Community Advisory Group, if any, affected Indian Tribes, the affected community, local government officials and local health officials on the remediation and disposition of hazardous substances, pollutants, or contaminants at the facility. Such views and preferences shall be described in the remedial investigation and feasibility study and considered in the screening of remedial alternatives for the facility.’.

    (2) Such section 117, as amended by this subsection, is amended by adding the following new paragraph after paragraph (4) of subsection (a):

      ‘(5) COMPLETION OF WORK PLAN- The President shall provide the opportunity for public meetings and publish a notice of such meetings before or during the completion of the work plan for the Remedial Design and Remedial Action.’.

    (3) Such section 117, as amended by this subsection, is amended by adding the following new paragraphs after paragraphs (6) and (7).

      ‘(8) ALTERNATIVES- Pursuant to paragraph (4), members of the Community Advisory Group, if any, affected Indian Tribes, the affected community, local government officials and local health officials may propose remedial alternatives to the President, and the President shall consider such alternatives in the same manner as the President considers alternatives proposed by other parties.

      ‘(9) SELECTING APPROPRIATE PROCEDURES- In determining which of the procedures set forth in paragraph (2) may be appropriate, the Administrator may consult with the Community Advisory Group, if any, affected Indian Tribe, the affected community, local government officials and local health officials.

      ‘(10) PROVIDING INFORMATION- The President, with the assistance of the Waste Site Information Offices (as provided for in subsection (c)), shall provide information to the Community Advisory Group, if any, affected Indian Tribes, the affected community, local government officials and local health officials throughout all significant phases of the response action at the facility. The President, on a regular basis, shall inform such entities of the progress and substance of technical meetings between the lead agency and potentially responsible parties regarding a covered facility. The President shall notify the Community Advisory Group, if any, affected Indian Tribes, the affected community, local government officials and local health officials concerning--

        ‘(A) the schedule for commencement of construction activities at the covered facility and the location and availability of construction plans;

        ‘(B) the results of any review under section 121(c) and any modifications to the covered facility made as a result of the review; and

        ‘(C) the execution of and any revisions to institutional controls being used as part of a remedial action.’.

    (4) Such section 117 is amended by striking ‘major’ in subsection (d).

    (5) Such section 117 is amended by adding the following new subsection after subsection (a), as amended by this section:

    ‘(b) ADDITIONAL PUBLIC INVOLVEMENT REQUIREMENTS- (1) The President shall make records relating to the facility available to the public throughout all phases of response action at the facility. Such information shall be made available to the public for inspection and copying without the need to file a formal request subject to reasonable service charges as appropriate. This paragraph shall not apply to a record that is exempt from disclosure under section 552 of title 5, United States Code, or to any record that is exchanged between parties to a dispute under this Act for the purposes of settling the dispute.

    ‘(2) The President, in carrying out responsibilities under this Act, shall ensure that the presentation of information on risk is unbiased and informative and clearly discloses any uncertainties and data gaps.

    ‘(3) Notwithstanding any other provision of this subsection, in the case of a removal action taken in accordance with section 104 which is expected to extend beyond 180 days, the President shall comply with the requirements of this section unless the President determines that such compliance presents an imminent and substantial endangerment to human health or the environment. Whenever the planning period for a removal action is expected to be greater than 180 days, the Administrator shall provide the Community Advisory Group, if any, affected Indian Tribes, the affected community, local government officials and local health officials with notice of the anticipated removal action and a public comment period of no less than 30 days.’.

    (6) Such section 117 is amended by adding the following new subsection after subsection (e):

    ‘(f) UNDERSTANDABLE PRESENTATION OF MATERIALS- The President shall ensure that information prepared for distribution to the public under this section shall be provided or summarized in a manner that may be easily understood by the community, considering any unique cultural needs of the community, including presentation of information orally and distribution of information in languages other than English, as appropriate.’.

SEC. 403. WASTE SITE INFORMATION OFFICES.

    Section 117 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is amended by adding the following after subsection (b), as added by section 402:

    ‘(c) WASTE SITE INFORMATION OFFICES-

      ‘(1) ESTABLISHMENT-

        ‘(A) IN GENERAL- Subject to subparagraph (B), not later than 18 months after the date of enactment of this subsection, a State with a site on the National Priorities List, or an Indian Tribe in the case of such a site in Indian country (as defined in 18 U.S.C. 1151), shall establish a Waste Site Information Office to perform the functions set forth in paragraph (3).

        ‘(B) EXISTING OFFICES- The Administrator may determine that a State or tribal office in existence before the date of enactment of this subsection can or does already perform the functions of a Waste Site Information Office and is eligible for funding under paragraph (2).

        ‘(C) PROCESS- Each State or tribe shall decide the process for establishing a Waste Site Information Office.

        ‘(D) EPA ROLE- The Administrator shall approve the Office if it meets the requirements of this subsection. If the Administrator

determines that the State or tribe has not established an office that can perform the functions of a Waste Site Information Office, the Administrator shall establish an office within the Environmental Protection Agency to perform the functions.

      ‘(2) FUNDING-

        ‘(A) IN GENERAL- Funding for the operation of Waste Site Information Offices, or State, tribal, or Environmental Protection Agency offices that perform similar functions, collectively, shall not exceed $25,000,000 for a fiscal year.

        ‘(B) STATE OR TRIBE GRANTS- Each State or Indian tribe that has a Waste Site Information Office, or each State, Indian tribe, or Environmental Protection Agency office performing the functions of a Waste Site Information Office, shall receive not less than $100,000, and not more than $500,000, for a fiscal year.

        ‘(C) FORMULA-

          ‘(i) IN GENERAL- The Administrator shall publish guidelines establishing a formula for determining the actual amount of funding for each Waste Site Information Office.

          ‘(ii) FACTORS- The formula shall include factors such as the number of facilities potentially eligible for or on the National Priorities List that would be covered by the Waste Site Information Office.

      ‘(3) FUNCTIONS-

        ‘(A) IN GENERAL- A Waste Site Information Office for a State or Indian tribe shall--

          ‘(i) assist the Administrator in disseminating information regarding covered facilities, information regarding the existence of the Office and its services, information regarding opportunities to participate under this Act, and in notifying citizens of public meetings, notifying the community living or working near a facility of the opportunity to establish a community advisory group, availability of TAGs, informing citizens of their rights under this Act, and providing citizens with information relating to the operation of Federal, State, and tribal hazardous substance and waste laws with respect to facilities within the State or reservation; and

          ‘(ii) serve as a clearinghouse, maintain records, and provide electronic access as appropriate, for waste site information, including a description of the Administrator’s process for identifying covered facilities and undertaking response actions under this Act and a list of covered facilities located in the State or in Indian country (as defined in 18 U.S.C. 1151) and, with respect to each such covered facility to the extent information becomes available--

            ‘(I) the location, name of owner or operator, and characteristics of the covered facility;

            ‘(II) the hazardous substances, pollutants, and contaminants present, including the quantities and relative toxicities of the substances, pollutants, and contaminants;

            ‘(III) the response actions being taken, including records of any institutional controls that are included in the response actions;

            ‘(IV) any health data generated in connection with the covered facility;

            ‘(V) the status of the response actions at the covered facility;

            ‘(VI) any report generated as a result of a review under section 121(c);

            ‘(VII) the location of the Administrative Record created for the facility, if any, under section 113(k); and

            ‘(VIII) any ongoing operation and maintenance requirements or institutional controls in place.

        ‘(B) REPORT-

          ‘(i) IN GENERAL- Each Waste Site Information Office shall annually submit a report to the Administrator regarding performance of its duties and shall certify in the report that any funds used under paragraph (2) by the Waste Site Information Office have been used in compliance with the requirements of this subsection.

          ‘(ii) VERIFICATION BY INSPECTOR GENERAL- The Inspector General of the Environmental Protection Agency shall periodically review the programs carried out under this subsection and reports made under this subparagraph and shall verify the accuracy of the certifications contained in the reports.

          ‘(iii) TERMINATION OF GRANT- If the Administrator of the Environmental Protection Agency is unable to verify the information provided in the report, or if the Administrator determines that the grant is not being used in a manner consistent with the functions under subparagraph (A), the Administrator may terminate the grant.’.

SEC. 404. COMMUNITY ADVISORY GROUPS.

    Section 117 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is further amended by adding after subsection (f) the following:

    ‘(g) COMMUNITY ADVISORY GROUPS-

      ‘(1) CREATION AND RESPONSIBILITIES- The President shall provide the opportunity for the establishment of a representative public forum, known as a Community Advisory Group (CAG), to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever--

        ‘(A) the President determines such a group will be helpful; or

        ‘(B) 10 individuals residing in or at the area in which the facility is located, or 10 percent of the population of a locality in which the National Priorities List facility is located, whichever is less, petition for a Community Advisory Group to be established.

      ‘(2) DUTIES- Each Community Advisory Group shall provide information and views to the President, and, as appropriate, any or all of the following: the Agency for Toxic Substances and Disease Registry, State regulatory agencies, Federal agencies, Federal, State, and tribal natural resource trustees, and potentially responsible parties conducting response actions. The information and views reported shall include the various subjects related to facility remediation, including facility health studies, potential remedial alternatives, and selection and implementation of remedial and removal actions. The Community Advisory Group shall attempt to achieve consensus among its members before reporting positions to agencies or potentially responsible parties. In cases in which consensus cannot be reached, the Community Advisory Group shall allow the presentation of divergent views.

      ‘(3) LAND USE RECOMMENDATIONS- To obtain greater community input into and support for remedial decisions affecting future land use, the Administrator shall consult with the Community Advisory Group, if any, affected Indian Tribes, the affected community, local government officials and local health officials on a regular basis throughout the remedy selection process regarding the reasonably anticipated future use of land at the facility and any institutional controls required to assure that land use restrictions remain in effect. The Community Advisory Group may offer recommendations on the reasonably anticipated future use of land at the facility to the Administrator at any time prior to the selection of a remedy at the facility. The land use recommendation shall consider at a minimum, applicable comprehensive land use plans and the other criteria for determining future land use set forth in section 121(g)(1). The Administrator shall not be bound by any recommendation of the Community Advisory Group. In considering the views of the affected community, the Administrator shall give substantial weight to a consensus recommendation of the Community Advisory Group regarding the reasonably anticipated future use of land at the facility. In cases in which there is substantive disagreement within the Community Advisory Group over a recommendation regarding the reasonably anticipated future use of land at the facility, the Administrator shall make reasonable efforts to reconcile the differences. In the event of continued substantive disagreement, substantial weight shall be given to the views of the residents in the affected community. Should the Administrator make a determination that is inconsistent with a consensus Community Advisory Group recommendation on the reasonably expected future use of land at the facility, the Administrator shall issue a written explanation for the inconsistency.

      ‘(4) COMMUNITY ADVISORY GROUP INPUT- With the exception of land use recommendations, input received from the Community Advisory Groups shall be considered by the President to be of equal weight with the advice received from the Technical Assistance Grant recipients and other affected community members.

      ‘(5) COMMUNITY ADVISORY GROUP MEMBERS- Members shall serve on the Community Advisory Group without pay. The President shall provide notice and opportunity to participate on a Community Advisory Group to the affected community, including to persons who are or historically have been disproportionately affected by facility contamination in their community. The President shall ensure that each Community Advisory Group, to the extent practicable, reflects the composition of the community near the facility and the diversity of interests. Local residents shall comprise a majority of the total membership of the CAG. At least one person in this group shall represent the Technical Assistance Grant recipient if such a grant has been awarded under subsection (e). To the extent possible, the President shall ensure that members of the following groups are represented on a CAG:

        ‘(A) Persons residing or owning residential property near the facility or persons who may be directly affected by the releases from the facility.

        ‘(B) Persons who, although not residing or owning property near the facility, may be potentially affected by releases from the facility.

        ‘(C) Local medical community practicing in the community.

        ‘(D) Members of local Indian tribes or Indian communities.

        ‘(E) Local citizen, civic, environmental, or public interest groups with members residing in the community.

        ‘(F) Current and former employees of the facility during facility operation.

        ‘(G) Local business community.

      ‘(6) FACA- The Federal Advisory Committee Act shall not apply to a CAG established under this Act or ATSDR Community Advisory Panels.

      ‘(7) TECHNICAL AND ADMINISTRATIVE SUPPORT FOR COMMUNITY ADVISORY GROUPS- The President may provide administrative support for Community Advisory Groups.

      ‘(8) ADDITIONAL PARTICIPANTS- The Administrator of the Environmental Protection Agency, the Administrator of the Agency for Toxic Substances and Disease Registry and the State, representatives chosen by the governing body of local Indian tribes or Indian community local governments (which may include pertinent city or county governments, or both), and any other governmental unit which regulates land use in the vicinity of the facility, as appropriate; and nonresidential owners, operators, and local representatives of the Potentially Responsible Parties (PRPs), who represent, wherever practicable, a balance of PRP interests, may participate in Community Advisory Group meetings to provide information and technical expertise, but shall not be members of the Community Advisory Group.

      ‘(9) OTHER PUBLIC INVOLVEMENT- The existence of a Community Advisory Group shall not diminish any other obligation of the President to consider the views of any person in selecting response actions under this Act. Nothing in this section shall affect the status of any Citizen Advisory Group formed before the enactment of this subsection. Nothing in this section shall affect the status, decisions, or future formation of any Department of Defense Restoration Advisory Board, Department of Energy Site Specific Advisory Board, and no Citizen Advisory Group must be established for a facility if any such Board has been established for the facility.

    ‘(h) COMMUNITY STUDY-

      ‘(1) REPORT BY THE ADMINISTRATOR- The Administrator shall prepare and submit to Congress a Community Study two years after the date of enactment of this Act, shall periodically update the study, and shall also provide such study to the Waste Site Information Offices. The Administrator and Waste Site Information Offices shall ensure that copies of such studies are made available to the public.

      ‘(2) CONTENT OF THE REPORT- The Administrator’s report shall include an analysis of the speed of listing; the speed and nature of response action; the degree to which public views are reflected in response actions; future land use determinations and use of institutional controls; and the population, race, ethnicity, and income characteristics of each community affected by each facility listed or proposed for listing on the National Priorities List.

      ‘(3) EVALUATION- The Administrator shall evaluate the information in the study to determine whether priority setting, response actions, and public participation requirements were conducted in a fair and equitable manner and identify program areas that require improvements or modification.

      ‘(4) ACTIONS BASED ON EVALUATION- The Administrator shall institute the necessary improvements or modifications to address any deficiencies identified by the study prepared under this section.’.

SEC. 405. TECHNICAL OUTREACH SERVICES FOR COMMUNITIES.

    Section 311(d)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)(2)) is amended to read as follows:

      ‘(2) RESPONSIBILITIES OF CENTERS- The responsibilities of a hazardous substance research center under this subsection shall include--

        ‘(A) the conduct of research and training relating to the manufacture, use, transportation, disposal, and management of hazardous substances and publication and dissemination of the results of the research; and

        ‘(B) the conduct of a program to provide educational and technical assistance to communities affected by contamination.’.

SEC. 406. RECRUITMENT AND TRAINING PROGRAM.

    Section 117 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9617) is further amended by adding after subsection (h) the following:

    ‘(i) RECRUITMENT AND TRAINING PROGRAM-

      ‘(1) IN GENERAL- The Administrator, in consultation with the National Institute of Environmental Health Studies, shall conduct a program to assist in the recruitment and training of individuals in an affected community for employment in response activities conducted at the facility concerned.

      ‘(2) RECRUITMENT, TRAINING, AND EMPLOYMENT- The Administrator shall encourage a person conducting a response action under this Act to train and employ persons from the affected community in remediation skills.’.

SEC. 407. FACILITY SCORING.

    Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is amended by adding the following at the end thereof:

    ‘(h) FACILITY SCORING- The Administrator shall evaluate areas, such as Indian country or poor rural communities that warrant special attention and identify up to 5 facilities in each region of the Environmental Protection Agency that are likely to warrant inclusion on the National Priorities List. These facilities shall be accorded a priority in evaluation for NPL listing and scoring, and shall be evaluated for listing within 2 years after the date of enactment of this subsection.’.

Subtitle B--Human Health

SEC. 411. DISEASE REGISTRY AND HEALTH CARE PROVIDERS.

    Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended as follows:

      (1) In subsection (b), by adding the following new paragraph at the end thereof:

    ‘(3) NOTICE TO HEALTH AUTHORITIES- The President shall notify State and local public health authorities and Tribal health officials whenever the President has reason to believe that a release of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur or that there is a threat of such a release.’.

      (2) In subparagraph (E) of paragraph (1) of subsection (i), by striking ‘admission to hospitals and other facilities and services operated or provided by the Public Health Service’ and inserting ‘referral to health care providers’.

      (3) Paragraph (6)(A) of subsection (i) is amended to read as follows:

    ‘(A)(i) The Administrator of ATSDR shall perform a health assessment or related health activity (including biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care providers) at a minimum, for each facility listed or proposed for listing on the National Priorities List established under section 105, including a facility owned or operated by a department, agency, or instrumentality of the United States. Such health assessment or related health activity shall be completed for each facility listed or proposed for listing on the National Priorities List not later than 1 year after the date of proposal for inclusion on such list for each facility.

    ‘(ii) The Administrator of the Environmental Protection Agency and the Administrator of ATSDR shall develop strategies, in consultation with State, Tribal, and local health officials, to obtain relevant on-site and off-site characterization data, taking into account the needs and conditions of the affected community.

    ‘(iii) The Administrator of the Environmental Protection Agency shall, to the maximum extent practicable, provide the Administrator of ATSDR with the data and information necessary to make a public health determination in a timely manner to allow the Administrator of ATSDR to complete the assessment.

    ‘(iv)(I) If appropriate, the Administrator of ATSDR shall provide recommendations for sampling environmental media to the Administrator of the Environmental Protection Agency as soon as practicable after discovering a release or threat of release of a hazardous substance or pollutant or contaminant at a facility.

    ‘(II) To the maximum extent practicable, the Administrator of the Environmental Protection Agency shall incorporate the recommendations into the facility investigation activities.’.

      (4) Subparagraph (F) of paragraph (6) of subsection (i) is amended to read as follows:

    ‘(F) For the purposes of this subsection and section 111(c)(4), the term ‘health assessments’ shall include preliminary assessments of the potential risk to human health, including children and other highly susceptible populations, posed by individual sites and facilities, based on such factors as the nature and extent of contamination, the past, present, or future existence of potential pathways of human exposure and the community’s historic exposure to site-related and non-site-related sources (including ground or surface water contamination, air emissions, and food chain contamination), the size and potential susceptibility of the community within the likely pathways of exposure, the comparison of expected human exposure levels to the short-term and long-term health effects associated with identified hazardous substances and any available recommended exposure or tolerance limits for such hazardous substances, and the comparison of existing morbidity and mortality data on diseases that may be associated with the observed levels of exposure.’.

      (5) In paragraph (14) of subsection (i), by striking ‘distribute to the States, and upon request to medical colleges, physicians, and’ and inserting the following: ‘distribute to the States, including State health departments, Tribal health officials, and upon request to medical colleges, local health departments, medical centers, physicians, nursing institutions, nurses, and’, by inserting ‘(A)’ after ‘(14)’, and by adding the following at the end thereof:

    ‘(B) The Administrator of ATSDR shall also assemble, develop, as necessary, and distribute to the general public and to at-risk populations appropriate educational materials and other information on human health effects of hazardous substances.’.

SEC. 412. SUBSTANCE PROFILES.

    Section 104(i)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(3)) is amended as follows:

      (1) By inserting ‘(A)’ after ‘(3)’.

      (2) By redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively.

      (3) By striking out the matter beginning with ‘Any toxicological profile or revision thereof’ and all that follows through the end of such paragraph and inserting in lieu thereof the following:

    ‘(B) Any toxicological profile or revision thereof shall reflect the Administrator of ATSDR’s assessment of all relevant toxicological testing which has been peer reviewed. The profiles prepared under this paragraph shall be for those substances highest on the list of priorities under paragraph (2) for which profiles have not previously been prepared or for substances not on the listing but which have been found at National Priorities List facilities and non-National Priorities List facilities and which have been determined by ATSDR to be of health concern. Profiles required under this paragraph shall be revised and republished as appropriate, based on scientific development. Such profiles shall be provided to the States, including State health departments, Tribal health officials, and local health departments, and made available to other interested parties.’.

SEC. 413. HEALTH STUDIES.

    (a) HUMAN HEALTH STUDY- Subparagraph (A) of section 104(i)(7) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(7)) is amended to read as follows: ‘(A) Whenever in the judgment of the Administrator of ATSDR it is appropriate on the basis of the results of a health assessment or related health activity or on the basis of other appropriate information, the Administrator of ATSDR shall conduct a human health study of exposure or other health effects for selected groups or individuals in order to determine the desirability of conducting full scale epidemiologic or other health studies of the entire exposed population.’.

    (b) RESEARCH PROGRAM- Section 104(i)(5)(A) of such Act (42 U.S.C. 9604(i)(5)(A)) is amended as follows:

      (1) By inserting after ‘program of research’ the following: ‘conducted directly or by such means as cooperative agreements and grants with appropriate public and nonprofit institutions. The program shall be’.

      (2) In the last sentence--

        (A) in clause (iii), by striking ‘and’ at the end;

        (B) by redesignating clause (iv) as clause (v); and

        (C) by inserting after clause (iii) the following:

          ‘(iv) laboratory and other studies that can lead to the development of innovative techniques for predicting organ-specific, tissue-specific, and system-specific acute and chronic toxicity; and’.

SEC. 414. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES.

    Section 104(i)(15) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 6904(i)(15)) is amended as follows:

      (1) By inserting ‘(A)’ before ‘The activities’.

      (2) In the first sentence, by striking ‘cooperative agreements with States (or political subdivisions thereof)’ and inserting ‘grants, cooperative agreements, or contracts with States (or political subdivisions thereof), Indian Tribes, other appropriate public authorities, public or private institutions, colleges, universities (including historically black colleges and universities)’.

      (3) By adding at the end the following new subparagraph:

    ‘(B) The Administrator of the Agency for Toxic Substances and Disease Registry, pursuant to the grants, cooperative agreements and contracts referred to in this paragraph, is authorized and directed to facilitate, where appropriate, the provision of health services to communities affected by the release of hazardous substances. Such health services may include diagnostic services, testing, counseling, specialized treatment, health data registries and preventative public health education.’.

SEC. 415. INDIAN HEALTH PROVISIONS.

    Section 104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9406(i)) is amended as follows:

      (1) In paragraph (1)--

        (A) by inserting ‘the Indian Health Service’ after ‘the Secretary of Transportation’;

        (B) by inserting ‘and tribal’ after ‘and local’;

        (C) in subparagraph (A) by inserting ‘and Indian tribes’ after ‘the States’; and

        (D) in subparagraph (C) by inserting ‘Indian tribes’ after ‘States,’.

      (2) In paragraph (4) by--

        (A) striking ‘State officials and local officials’ and inserting ‘State, tribal, and local officials’; and

        (B) inserting in the second sentence ‘or Indian tribes’ after ‘States’.

      (3) In paragraph (5)(A) by inserting ‘and the Indian Health Service’ after ‘Public Health Service’.

      (4) In paragraph (6)(C) by inserting ‘where low population density is not used as an excluding risk factor’ after ‘health appears highest’.

      (5) In paragraph (6)(E)--

        (A) by inserting ‘Indian tribe’ after ‘Any’; and

        (B) by inserting at the end of the subparagraph the following: ‘If the ATSDR or the Administrator of the Environmental Protection Agency does not act on the recommendations of the State or Indian tribe, then the Administrators must respond in writing to the State or tribe why they have not acted on the recommendations.’.

      (6) In paragraph (6)(F) by striking ‘and’ after ‘emissions,’ and inserting ‘and any other pathways resulting from subsistence activities’ after ‘contamination’.

      (7) In paragraph (6)(G) by striking the period at the end of the last sentence and inserting the following: ‘and give special consideration, where appropriate, to any practices of the affected community that may result in increased exposure to hazardous substances, pollutants, or contaminants, such as subsistence hunting, fishing, and gathering.’.

      (8) In paragraph (10)--

        (A) by striking ‘and’ at the end of subparagraph (D);

        (B) by striking the period at the end of subparagraph (E) and inserting ‘; and’; and

        (C) by inserting after revised subparagraph (E) the following new subparagraph:

        ‘(F) and the health impacts from pollutants, contaminants, and hazardous substances on Indian tribes from covered facilities.’.

SEC. 416. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS.

    Section 121(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(c)) is amended in the first sentence by inserting after ‘remedial action’ the second time it appears the following: ‘, including public health recommendations and decisions resulting from activities under section 104(i),’.

Subtitle C--General Provisions

SEC. 421. TRANSITION.

    (a) EFFECTIVE DATE IN GENERAL- Except as provided in subsection (b), this title and the amendments made by this title shall become effective upon the date of enactment of this Act.

    (b) SPECIAL RULE- The requirements of paragraphs (2), (3), (5), (8), (9), and (10) of section 117(a), and subsections (b) and (c) of section 117, of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (as added by sections 402 and 403) shall become effective 180 days after the date of enactment of this Act.

TITLE V--NATURAL RESOURCE DAMAGES

SEC. 501. STATUTE OF LIMITATIONS.

    (a) LIMITATIONS PERIOD FOR CLAIMS- Paragraph (1) of section 113(g) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C 9613(g)(1)) is amended as follows:

      (1) By striking so much of such paragraph as precedes the words ‘In no event may’ and inserting:

      ‘(1)(A) With respect to any facility on the National Priorities List (NPL), any Federal facility identified under section 120 (42 U.S.C. 9620) (relating to Federal facilities), or any vessel or facility at which a remedial action under this chapter is otherwise scheduled, an action for natural resource damages under this Act shall be commenced within 3 years after the completion of the remedial action (excluding operation and maintenance activities).

      ‘(B) With respect to any facility at which there has been a corrective action or closure under the Solid Waste Disposal Act, a reclamation under the Uranium Mill Tailings Reclamation Act, or a response action under a State remediation, hazardous waste, water quality, or voluntary cleanup program approved under section 127(i), an action for natural resource damages under this Act shall be commenced before the later of the following:

        ‘(i) 3 years from the date of enactment of the Superfund Improvement Act of 1998.

        ‘(ii) 3 years from the date that the responsible party provides all affected trustees notice of completion of the cleanup.

      ‘(C) With respect to all facilities other than those identified in subparagraph (A) or (B), an action for natural resource damages under this Act shall be commenced within 3 years after the completion of a restoration plan adopted after the trustee

provides the public and all other trustees of injured resources with adequate notice and opportunity for comment and considers all comments.’.

      (2) By inserting ‘(D)’ before ‘In no event may’.

    (b) CONFORMING CHANGE- Section 112(d)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9613(d)(2)) is amended by striking out all after ‘within’ and inserting the following: ‘the period for commencing an action for natural resource damages under section 113(g)(1).’.

SEC. 502. COORDINATION WITH REMEDY AND COORDINATION AMONG TRUSTEES.

    (a) COORDINATION OF REMEDY AND RESTORATION- Section 107(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)) is amended by adding the following at the end thereof:

      ‘(3) RELATIONSHIP OF RESTORATION TO RESPONSE ACTION- A Federal natural resource trustee, State natural resource trustee, or Indian tribe natural resource trustee selecting a restoration alternative shall take into account the extent to which any removal or remedial action carried out or planned for the facility under this Act or any other Federal or State law has accomplished or will accomplish restoration. Both response actions and restoration measures may be implemented at the same facility, or to address releases from the same facility. Such response actions and restoration measures shall be adequate to meet the requirements of both response and restoration, shall not be inconsistent with one another, and shall be implemented, to the extent practicable, in a coordinated and integrated manner.’.

    (b) CONSIDERATION OF NATURAL RESOURCES IN RESPONSE ACTIONS- Section 121(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(a)) is amended by adding the following at the end: ‘In evaluating and selecting remedial actions, the President shall take into account the potential for injury to a natural resource resulting from such actions and the potential for mitigating injury to a natural resource by such actions.’.

    (c) NOTIFICATION OF TRIBAL TRUSTEES- Section 104(b)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(b)(2)) is amended by striking ‘Federal and State’ wherever it appears and inserting ‘Federal, State, and tribal’.

    (d) CONSULTATION WITH TRUSTEES ON REMEDY- Section 104(c)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(2)) is amended by inserting ‘and the affected natural resource trustees’ after ‘State or States’.

    (e) DEVELOPMENT OF REGULATION- Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is amended by inserting the following at the end:

    ‘(h) COORDINATION AMONG TRUSTEES- (1) The President shall promulgate a regulation providing for consultation with the affected natural resource trustees regarding the inclusion or deletion of particular facilities on or from the National Priorities List, coordination with affected trustees under section 104(b)(2), and coordination with affected trustees prior to the selection of response actions.

    ‘(2)(A) All affected trustees of natural resources injured, destroyed, or lost as a result of the release at issue may participate in the trustees’ selection of a plan for restoration of those resources which includes actions to restore, replace, or acquire the equivalent natural resources under the trusteeship of any participating trustee.

    ‘(B) If an affected trustee elects not to participate in the selection of a plan, then the trustee shall not be eligible to obtain funding under section 111 (c)(1) or (c)(2).

    ‘(C) The participating trustees shall designate a lead administrative trustee.

    ‘(i) DISBURSEMENT OF FUNDS TO TRUSTEES- The President shall promulgate regulations providing for disbursement of funds under section 111 (c)(1) and (c)(2).’.

SEC. 503. USE OF RECOVERED SUMS.

    (a) IN GENERAL- The third and fourth sentences of section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)) are each amended by striking ‘restore, replace, or acquire’ and all that follows through the end of the sentence and inserting the following: ‘restore or replace such natural resources in the watershed, aquifer, or regional ecosystem in which the injury to the resources occurred and for the benefit of the injured resources or to acquire the equivalent of such natural resources in the watershed, aquifer, or regional ecosystem in which the injury to the resources occurred.’.

    (b) MIGRATORY SPECIES- Section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)) is amended by adding the following after the fourth sentence: ‘In the case of a migratory species, recovered sums may

be applied for restoration or replacement of such migratory species in a habitat in the migratory pathway of the species if all the trustees participating in the selection of a plan for restoration of the migratory species agree with such use of recovered sums.’.

SEC. 504. USE OF SUPERFUND FOR NATURAL RESOURCE DAMAGE ASSESSMENTS.

    Section 9507(c)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ‘(4),’ after ‘paragraphs (1), (2),’ in clause (i) and by striking ‘other than paragraphs (1) and (2) thereof,’ in clause (ii).

TITLE VI--FEDERAL FACILITIES

SEC. 601. FEDERAL ENTITIES AND FACILITIES.

    Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended as follows:

      (1) By amending the heading to read as follows:

‘SEC. 120. FEDERAL ENTITIES AND FACILITIES.

      (2) By amending paragraph (1) of subsection (a) to read as follows:

      ‘(1)(A) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the United States shall be subject to, and comply with, all Federal, State, interstate and local requirements, both substantive and procedural (including any requirements for permits, reporting, or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner, and to the same extent, as any nongovernmental entity is subject to such requirements, including reimbursement of response costs (including attorneys’ fees), payment of natural resource damages, and enforcement and liability under sections 106 and 107 of this title and the payment of reasonable service charges.

      ‘(B) The Federal, State, interstate, and local substantive and procedural requirements referred to in subparagraph (A) include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties and fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge).

      ‘(C) The reasonable service charges referred to in this paragraph include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a State, interstate, or local response program.

      ‘(D) Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any injunctive relief.

      ‘(E) No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal or State law relating to response actions with respect to any act or omission within the scope of their official duties. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State response law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States shall be subject to any such sanctions.

      ‘(F) The waiver of sovereign immunity provided in this paragraph shall not apply to the extent a State law would apply any standard or requirement to such Federal department, agency, or instrumentality in a manner which is more stringent than such standard or requirement would be applied to any other person.

      ‘(G)(i) The Administrator may issue an order under section 106 of this Act to any department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States. The Administrator shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as action would be initiated against any other person.

      ‘(ii) No administrative order issued to such department, agency, or instrumentality shall become final until such department, agency, or instrumentality has had the opportunity to confer with the Administrator.

      ‘(iii) Unless a State law in effect on the date of enactment of the Superfund Improvement Act of 1998, or a State Constitution, requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) of this section shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.

      ‘(I) Each such department, agency, and instrumentality shall have the right to contribution protection set forth in section 113, when such department, agency, or instrumentality resolves its liability under this Act.’.

      (3) By striking paragraph (4) of subsection (a).

      (4) By inserting ‘(other than the indemnification requirements of section 119)’ after ‘responsibility’ in subsection (a)(3).

SEC. 602. ADJOINING STATES.

    Section 121(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(f)) is amended by adding at the end the following new paragraph:

    ‘(4) The President shall provide to any State within a 50-mile radius of a remedial action at a Federal facility a reasonable opportunity to review and comment on each of the following:

      ‘(A) The remedial investigation and feasibility study and all data and technical documents leading to its issuance.

      ‘(B) The planned remedial action identified in the remedial investigation and feasibility study.

      ‘(C) The engineering design following selection of the final remedial action.

      ‘(D) Other technical data and reports relating to implementation of the remedy.

      ‘(E) Any proposed finding or decision by the President to exercise the authority of subsection (d)(4).’.

SEC. 603. ENFORCEABILITY OF FEDERAL COMPLIANCE AGREEMENTS.

    Section 120(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended by adding the following at the end:

      ‘(7) STATE REQUIREMENTS- Notwithstanding any other provision of this Act, an interagency agreement under this section shall not impair or diminish the authority of a State to enforce compliance with requirements of State or Federal law, unless those requirements have been--

        ‘(A) specifically addressed in the agreement; or

        ‘(B) waived;

      without objection after notice to the State on or before the date on which the response action is selected.’.

SEC. 604. REQUIREMENTS RELATING TO PROPERTY TRANSFERRED BY FEDERAL AGENCIES.

    (a) ADDITIONAL REQUIREMENT RELATING TO LEASES OF PROPERTY LOCATED AT CLOSING MILITARY INSTALLATIONS- Section 120(h)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(B)) is amended in the last sentence--

      (1) by striking out ‘and’ before ‘that there are adequate’; and

      (2) by adding before the period at the end the following: ‘, and that such lease is unlikely to result in the head of any department or agency having to hold harmless, defend, and indemnify any person or entity pursuant to applicable law’.

    (b) ENFORCEABLE AGREEMENT FOR REMEDIAL ACTION- (1) Clause (i) of section 120(h)(3)(C) of such Act (42 U.S.C. 9620(h)(3)(C)) is amended--

        (A) by redesignating subclauses (III) and (IV) as subclauses (V) and (VI), respectively; and

        (B) by inserting after subclause (II) the following:

            ‘(III) the Federal agency requesting deferral has entered into an enforceable agreement containing a cleanup plan that identifies all response actions needed to be taken and schedules for completion of such actions;

            ‘(IV) the Federal agency requesting deferral has identified the institutional controls that are to be relied on during and after the period of deferral and the enforcement mechanisms that will ensure the effectiveness of such controls;’.

    (2) Clause (ii) of section 120(h)(3)(C) of such Act (42 U.S.C. 9620(h)(3)(C)) is amended--

      (A) by redesignating subclauses (III) and (IV) as subclauses (IV) and (V), respectively;

      (B) by inserting after subclause (II) the following:

            ‘(III) provide that all restrictions on the use of the property shall apply to and be binding on any transferee or assignee, and that the United States and the State in which the property is located are third-party beneficiaries for purposes of enforcing the land use restrictions;’; and

      (C) in subclause (V), as so redesignated--

        (i) by striking ‘adequately addresses’ and inserts ‘, if approved, would result in sufficient funding to comply fully with all’; and

        (ii) by striking ‘action, subject to congressional authorizations and appropriations.’ and inserting ‘action.’.

    (3) Clause (iv) of section 120(h)(3)(C) of such Act (42 U.S.C. 9620(h)(3)(C)) is amended by striking ‘any rights or obligations of a Federal agency (including any rights or obligations’ and inserting ‘any rights, obligations, or liability of a Federal agency under any Federal or State law (including any rights, obligations, or liability’.

SEC. 605. INNOVATIVE TECHNOLOGIES FOR REMEDIAL ACTION AT FEDERAL FACILITIES.

    (a) IN GENERAL- Section 311 (42 U.S.C. 9660) is amended by adding at the end the following:

    ‘(h) FEDERAL FACILITIES-

      ‘(1) DESIGNATION- The President may designate a facility that is owned or operated by any department, agency, or instrumentality of the United States, and that is listed or proposed for listing on the National Priorities List, to facilitate the research, development, and application of innovative technologies for remedial action at the facility.

      ‘(2) USE OF FACILITIES-

        ‘(A) IN GENERAL- A facility designated under paragraph (1) may be made available to Federal departments and agencies, State departments and agencies, and public and private instrumentalities, to carry out activities described in paragraph (1).

        ‘(B) COORDINATION- The Administrator--

          ‘(i) shall coordinate the use of the facilities with the departments, agencies, and instrumentalities of the United States and with other persons and instrumentalties; and

          ‘(ii) may approve or deny the use of a particular innovative technology for remedial action at any such facility.’.

    (b) REPORT TO CONGRESS- Section 311(e) (42 U.S.C. 9660(e)) is amended--

      (1) by striking ‘At the time’ and inserting the following:

      ‘(1) IN GENERAL- At the time’; and

      (2) by adding at the end the following:

      ‘(2) ADDITIONAL INFORMATION- A report under paragraph (1) shall include information on the use of facilities described in subsection (h)(1) for the research, development, and application of innovative technologies for remedial activity, as authorized under subsection (h).’.

TITLE VII--STATE ROLES

SEC. 701. DELEGATION OF AUTHORITY TO STATES.

    Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended by title II of this Act, is further amended by adding after section 129 the following new section:

‘SEC. 130. DELEGATION OF AUTHORITY TO STATES.

    ‘(a) IN GENERAL-

      ‘(1) APPLICATION FOR AUTHORITY TO TAKE PREREMEDIAL ACTION AT NON-NPL FACILITIES- A State may apply to the Administrator to take or require preremedial actions (including removal actions) under a contract or cooperative agreement as provided in this section at any non-federally owned or operated facility within the boundaries of the State that is not listed on the National Priorities List (NPL).

      ‘(2) APPLICATION FOR AUTHORITY TO TAKE RESPONSE ACTION AT NPL FACILITIES- (A) A State may apply to the Administrator to take or require any or all of the actions listed in subparagraph (B) under a contract or cooperative agreement as provided in this section at any non-federally owned or operated facility within the boundaries of the State that is listed on the National Priorities List (NPL) or to take or require removal actions at any facility proposed for listing on the National Priorities List.

      ‘(B) The actions referred to in subparagraph (A) are the following:

        ‘(i) Response actions under section 104.

        ‘(ii) Response actions under section 106(a) and enforcement under section 106(b).

        ‘(iii) Cost recovery actions under section 107.

        ‘(iv) Remedy selections under section 121.

        ‘(v) Settlements under section 122.

        ‘(vi) Allocations under section 128.

        ‘(vii) Community participation activities under section 117, other than the making of grants for technical assistance under section 117(e).

      ‘(3) APPROVAL OF APPLICATION- The Administrator shall enter into a contract or cooperative agreement under this section if the Administrator determines that the State--

        ‘(A) meets the qualification requirements set forth in the regulations promulgated pursuant to subsection (b); and

        ‘(B) with respect to authority to select remedial actions and use allocation procedures, meets the qualification requirements set forth in subsection (c).

    ‘(b) REGULATIONS- The Administrator, in consultation with the States, shall promulgate regulations to implement this section. The regulations shall provide such additional qualifications for a contract or cooperative agreement under this section as the Administrator considers reasonable, including qualifications applicable to particular types of preremedial or response actions. The regulations shall include requirements that--

      ‘(1) the Administrator must provide notice and an opportunity for public comment on the application submitted pursuant to subsection (a)(2);

      ‘(2) entering into the contract or cooperative agreement will not cause delay in the response action and will not result in waste of Federal funds that have been obligated or expended; and

      ‘(3) in order for a State to qualify for a contract or cooperative agreement with respect to a facility under this section, the State may not be a major potentially responsible party with respect to that facility.

    ‘(c) QUALIFICATION REQUIREMENTS WITH RESPECT TO SELECTION OF REMEDIAL ACTION AND USE OF ALLOCATION PROCEDURES- For purposes of subsection (a)(3)(B), with respect to a contract or cooperative agreement under this section for authority to select remedial action or to use the allocation procedures under section 128, the Administrator also shall make each of the following determinations:

      ‘(1) The State has the capability to select remedial actions or to use the allocation procedures under section 128, including adequate legal authority, financial and personnel resources, organization, and expertise.

      ‘(2) The State meets any other qualifications set forth in the regulations promulgated under subsection (b) for selecting remedial actions or using the allocation procedures.

      ‘(3) The State demonstrates a historical record of performing similar response actions.

    ‘(d) REQUIREMENTS FOR SELECTION OF REMEDIAL ACTION- In any contract or cooperative agreement that allows a State to select remedial actions, the State shall agree to select such remedial actions in accordance with all of the procedures and requirements set forth in sections 117 and 121 of this Act, the National Contingency Plan, and any other relevant regulations and guidelines adopted by the Administrator.

    ‘(e) STATE AUTHORITY REGARDING ENFORCEMENT OF SELECTED REMEDIAL ACTION- (1) A State that selects a remedial action pursuant to a contract or cooperative agreement entered into under subsection (a) shall have the authority to enforce a settlement, order, or agreement requiring such remedial action (and the requirements of the remedial action) in the United States district court for the district in which the facility is located.

    ‘(2) Such State also shall have the authority to enforce compliance with any standard, regulation, condition, requirement, order, or final determination of the State with respect to the remedial action. Such State also may seek civil penalties not to exceed $25,000 per day for any violation of such standard, regulation, condition, requirement, order, or final determination. Such State may commence an action seeking such relief unless the standard, regulation, condition, requirement, order, or final determination is arbitrary, capricious, or contrary to law when reviewed upon the administrative record presented by the State.

    ‘(3) In addition, if expressly provided in the contract or cooperative agreement, such State may waive a Federal requirement applicable to the remedial action in accordance with section 121.

    ‘(f) REQUIREMENTS FOR ENFORCEMENT AND ALLOCATION-

      ‘(1) ENFORCEMENT- In the case of a contract or cooperative agreement providing for a State to initiate an enforcement action with respect to a facility for purposes of recovering costs or compelling performance of a remedy at the facility, the contract or cooperative agreement shall require the State to provide for expedited settlements under section 122.

      ‘(2) USE OF ALLOCATION PROCEDURES- (A) In the case of a contract or cooperative agreement providing for a State to initiate an enforcement action with respect to a facility subject to mandatory allocation pursuant to section 128(b)(1), the contract or cooperative agreement shall require the State to use allocation procedures with respect to the facility. The contract or cooperative agreement shall require the State to initiate the allocation process by certifying each of the following:

        ‘(i) The State has completed a potentially responsible party search substantially consistent with subsection (c) of section 128 and will make the results of that search available to the allocator and the parties.

        ‘(ii) The State has notified Federal, State, and tribal natural resource trustees of the commencement of the allocation process and, pursuant to section 104(b)(2), of potential damages to natural resources.

        ‘(iii) The facility would be subject to mandatory allocation under section 128 if the President were conducting the response action.

      ‘(B) After the State has made a certification under subparagraph (A), the Administrator shall initiate an allocation in accordance with the terms of section 128. The Administrator may assign to the State, by cooperative agreement or otherwise, any responsibilities to conduct the allocation, except that the Administrator and Attorney General shall retain their authority relating to orphan share funding as provided by this paragraph and in section 128, including the timing and terms of payment (subject to the availability of funds pursuant to section 128(m)). The State may accept or reject the allocation report on the same basis as provided in section 128(h). If the State does not reject the allocation, it shall use the allocator’s report as the basis of

State settlements. The State may recover the costs of the allocation pursuant to State law or the provisions of this Act.

      ‘(D) The President, through either the Administrator or the Attorney General, or both, may participate in any phase of an allocation proceeding where an orphan share is identified according to the factors set forth in section 128.

      ‘(E) If the State accepts an allocation report as the basis for its settlements, and the allocation report identifies an orphan share subject to Federal funding, the State shall apply for such funding by certifying each of the following to the Administrator and the Attorney General:

        ‘(i) The allocation presents a reasonable basis for resolving responsibility for the facility.

        ‘(ii) The assignment of an orphan share shall be in accordance with section 128.

      ‘(F) The Administrator and the Attorney General shall accept a State’s request for orphan share funding supported by an allocation report and the certification described in subparagraph (E), unless the Administrator and Attorney General determine, within 120 days after the request by the State, that the allocation does not meet the standards set forth in section 128. Such determination shall be made in the same manner, and shall be subject to the same limitations, as set forth in section 128.

      ‘(G) The contract or cooperative agreement shall provide the following:

        ‘(i) The Administrator may deduct from orphan share funding the costs incurred in conducting the allocation.

        ‘(ii) The State may use the orphan share funding only to fund response actions through settlement or to reimburse parties performing work in excess of the share assigned to them in allocation. No such reimbursement may exceed the reimbursement level available under section 128.

      ‘(H) The State may recover funds provided through orphan share funding from nonsettling responsible parties pursuant to State law or the provisions of this Act. Seventy-five percent of such recovered funds shall be returned to the Fund. The remaining 25 percent may be used by the recovering State only for any other response action eligible under section 111 and cost sharing requirements under section 104(c)(3)).

      ‘(3) COVENANTS- (A) In a case in which either the President, acting under the authority of this Act, or a State, acting pursuant to a contract or cooperative agreement under this section, has responsibility for selecting a response action at a facility listed or proposed for listing on the National Priorities List and enters an administrative or judicial settlement to resolve the liability of responsible parties at the facility, the President or the State may confer, in accordance with requirements relating to covenants of section 122, a covenant that will preclude some or all administrative or judicial action by both the President and the State to recover response costs or to compel response actions at the facility with respect to matters addressed in the settlement, except that such covenants shall not be binding on the governmental entity that did not confer the covenant to the extent that--

        ‘(i) the covenant purports to address natural resource damages; or

        ‘(ii) the President or the State has not been provided notice of, and an opportunity to participate in, the settlement concerning the response action; or

        ‘(iii) the President or the State objects to the settlement within 120 days of the date of signature for the record of decision or receipt of notice of the settlement, whichever is later.

      ‘(B) The covenants described by this paragraph may be conferred by either the Administrator or the State with respect to a facility owned or operated by any department, agency, or instrumentality of the United States (including the executive, legislative, and judicial branches of government). The Administrator may confer a covenant in an administrative order, consent decree, or an interagency agreement. The State may confer a covenant in an administrative order or a consent decree.

    ‘(g) TERMS AND CONDITIONS; ENFORCEMENT-

      ‘(1) IN GENERAL- A contract or cooperative agreement under this section shall be subject to such terms and conditions as the Administrator may prescribe. If a State fails to comply with a requirement of a contract or cooperative agreement, the Administrator, after 90 days notice to the affected State, may seek in the appropriate United States district court to ensure performance of the response action, or to recover any funds advanced or any costs incurred because of the breach.

      ‘(2) SPECIFIC TERMS- A contract or cooperative agreement under this section shall include the following requirements:

        ‘(A) A requirement that the State shall exercise any authority conferred by this section or the contract or cooperative agreement on behalf of the State, and not on behalf of or in the name of the Administrator, the President, or the United States.

        ‘(B) A requirement that the State have and maintain sufficient legal authority under applicable State law to enter into the contract or cooperative agreement.

        ‘(C) A requirement that the Administrator retain authority to terminate and recoup funding, and to terminate or renegotiate as appropriate the contract or cooperative agreement, if the State fails to perform the contract or cooperative agreement in a manner consistent with this Act. At least 90 days before terminating any contract or cooperative agreement with a State, the Administrator shall provide to the State a written explanation of the reasons for the proposed termination and afford an opportunity to the State to discuss the termination and to propose actions to correct any deficiencies.

        ‘(D) A requirement imposing a nondiscretionary duty on the Administrator to perform or compel expeditious performance of response actions under the contract or cooperative agreement if the State fails to comply with the terms of the contract or cooperative agreement.

    ‘(h) SAVINGS CLAUSE- Nothing in this section shall affect the exercise by a State of any other authorities that may be applicable to facilities in such State.’.

SEC. 702. STATE COST SHARE.

    Section 104(c) is amended by adding at the end the following new paragraphs:

    ‘(10) EXISTING CONTRACTS AND COOPERATIVE AGREEMENTS- The requirements of paragraphs (3), (6), and (7) of this subsection shall apply only to contracts and cooperative agreements pursuant to section 104(d) entered into prior to the enactment of the Superfund Improvement Act of 1998.

    ‘(11) STATE COST SHARE- After the date of enactment of the Superfund Improvement Act of 1998, the Administrator shall not provide any funding under this subsection or section 130, or any response action pursuant to this section, except for emergency removal actions, unless the State in which the release or threatened release occurs has entered into a contract or cooperative agreement pursuant to this subsection or section 130 that provides assurances, deemed adequate by the Administrator, that--

      ‘(A) the State will pay or assure payment of 10 percent of the cost of such response action or funding, including 10 percent of orphan share funding and operation and maintenance costs; and

      ‘(B) the State will assure oversight of any operation and maintenance of funded response actions.’.

SEC. 703. CONFORMING AND MISCELLANEOUS AMENDMENTS.

    (a) TRANSFER OF ENFORCEMENT PROVISIONS OF SECTION 121(e)- (1) Section 121(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(e)) is amended--

      (A) by striking out paragraph (2); and

      (B) by striking out ‘PERMITS AND ENFORCEMENT- (1)’ and inserting ‘PERMITS- ’.

    (2) Section 121(f) of such Act (42 U.S.C. 9621(f)), as amended by title VI, is further amended by adding at the end the following new paragraph:

    ‘(5) A State may enforce any Federal or State standard, requirement, criteria, or limitation to which the remedial action is required to conform under this Act in the United States district court for the district in which the facility is located.’.

    (b) SECTION 126(a)- Section 126(a) of such Act (42 U.S.C. 9626(a)) is amended--

      (1) by adding after ‘section 104(i) (regarding health authorities)’ the following: ‘, section 127 (regarding voluntary response actions), subsection (f) of section 121 (relating to cleanup standards), section 122(d)(1)(D) (relating to compliance with consent decrees),’; and

      (2) by adding at the end the following: ‘The governing body of an Indian tribe shall be afforded substantially the same treatment as a State with respect to the provisions of section 130 (regarding delegation of authority) with respect to facilities located in Indian country (as defined in section 1151 of title 18, United States Code).’.

    (c) SECTION 310(a)- Section 310(a) is amended by inserting ‘(including any State)’ after ‘person’.

    (d) TRANSITION- Subsection (d) of section 104 is amended by adding at the end the following new paragraph:

    ‘(5) TERMINATION- This subsection shall cease to be in effect on the effective date of regulations promulgated to implement section 130, as added by the Superfund Improvement Act of 1998.’.

SEC. 704. STATE ROLE AT FEDERAL FACILITIES.

    Subsection (g) of section 120 is amended to read as follows:

    ‘(g) TRANSFER OF AUTHORITIES-

      ‘(1) STATE APPLICATION FOR TRANSFER OF AUTHORITIES- A State may apply to the Administrator to exercise the authorities vested in the Administrator under subsections (e) and (h) (other than (h)(2)) of this section at any or all facilities owned or operated by any department, agency, or instrumentality of the United States (including the executive, legislative, and judicial branches of government), including the authority--

        ‘(A) to publish a timetable and deadlines for completion of any remedial investigation and feasibility study;

        ‘(B) to review and approve all documents prepared in connection with any such investigation and study;

        ‘(C) to review and select remedies pursuant to subsection (e)(4)(A); and

        ‘(D) to enter into agreements with departments, agencies, and instrumentalities of the United States in accordance with subsection (e)(2), and to enter into consent decrees with other potentially responsible parties in accordance with subsection (e)(6).

      ‘(2) TRANSFER OF AUTHORITIES- The Administrator shall enter into a contract or cooperative agreement to transfer the authorities described in paragraph (1) if the Administrator determines the following:

        ‘(A) The State has the ability to exercise such authorities in accordance with this Act, including adequate legal authority, financial and personnel resources, organization, and expertise.

        ‘(B) The State demonstrates experience in exercising similar authorities.

      ‘(3) EFFECT OF AUTHORIZATION UNDER SOLID WASTE DISPOSAL ACT- In the review by the Administrator of an application of a State for transfer of authorities under this subsection, if the State is authorized to implement the corrective action provisions of the Solid Waste Disposal Act under a State hazardous waste program pursuant to section 3006 of that Act, the Administrator shall approve the application and provide for the orderly transfer of authorities as expeditiously as possible, but in no case later than 6 months after the date of receipt of the application, unless the parties agree to another deadline.

      ‘(4) EFFECT OF TRANSFER- Any State to which authorities are transferred under this subsection shall not be deemed to be an agent of the President but shall exercise such authorities in its own name, and the Administrator may transfer to a State only those authorities of the Administrator identified in this subsection.

      ‘(5) DEADLINES- Except as provided in paragraph (3)(B), the Administrator shall make a determination on an application from a State under this subsection not later than 90 days after the date the Administrator receives the application.

      ‘(6) WITHDRAWAL OF AUTHORITIES- (A) The Administrator may withdraw or renegotiate the authorities transferred under this subsection in whole or in part if the Administrator determines--

        ‘(i) that the State, in whole or in part, is exercising such authorities in a manner clearly inconsistent with the requirements of this Act; or

        ‘(ii) in the case of a State that was approved under paragraph (3)(B), that the State is no longer authorized to implement the corrective action provisions of the Solid Waste Disposal Act.

      ‘(B) At least 90 days before withdrawing any such transferred authorities from a State, the Administrator shall provide to the State a written explanation of the reasons for the proposed withdrawal and afford an opportunity to the State to discuss the withdrawal and to propose actions to correct any deficiencies.

      ‘(7) ENFORCEMENT AND REMEDY SELECTION- (A) An interagency agreement under this section between a State (including States which are parties to such agreements through the exercise of the Administrator’s authorities pursuant to a cooperative agreement or contract under this subsection) and any department, agency, or instrumentality of the United States, shall be enforceable by the State or the Federal department, agency, or instrumentality in the United States district court for the district in which the facility is located. The district court shall have the jurisdiction to enforce compliance with any provision, standard, regulation, condition, requirement, order, or final determination which has become effective under such agreement, and to impose any appropriate civil penalty provided for any violation of the agreement, not exceed $25,000 per day. Nothing in this subparagraph affects the applicability of section 310 or the rights of any person under that section.

      ‘(B) At Federal facilities where the Administrator’s authorities under subsection (e)(4) have been transferred to the State pursuant to this section, and the State does not concur in the remedy selection proposed by the Federal agency, the parties shall enter into dispute resolution as provided in the interagency agreement, provided that the final level for such disputes concerning remedy selection shall be to the head of the Federal department, agency, or instrumentality and the Governor of the State. If no agreement is reached between the head of the Federal department, agency, or instrumentality and the Governor, the State may issue the final determination. In order to compel implementation of the State’s selected remedy, the State must bring a civil action in the appropriate Federal district court. The

district court shall have jurisdiction as provided in subparagraph (A) to issue any relief that may be necessary to implement the remedial action, to impose appropriate civil penalties not to exceed $25,000 per day from the date the selected remedy becomes final, and to review any challenges to the State’s final determination consistent with the standards set forth in section 113(j) of this Act.

      ‘(8) LIMITATION- (A) Except for authorities that are transferred by the Administrator to a State pursuant to this subsection, or that are transferred by the Administrator to an officer or employee of the Environmental Protection Agency, no authority vested in the Administrator under this section may be transferred, by executive order of the President or otherwise, to any other officer or employee of the United States or to any other person.

      ‘(B) Except as necessary to specifically implement the transfer of the Administrator’s authorities to a State pursuant to this subsection, nothing in this subsection shall be construed as altering, modifying, or impairing in any manner, or authorizing the unilateral modification of, any terms of any--

        ‘(i) agreement, permit, administrative or judicial order, decree, or interagency agreement existing on the effective date of the Superfund Improvement Act of 1998; or

        ‘(ii) contract or cooperative agreement between a State and the Administrator related to a response action or part of a response action.

      ‘(C) Any other modifications or revisions of an interagency agreement entered into under this section shall require the consent of all parties to such agreement, and absent such consent the agreement shall remain unchanged.

      ‘(D) Nothing in this subsection shall affect the exercise by a State of any other authorities that may be applicable to facilities in such State.’.

TITLE VIII--FUNDING

SEC. 801. AUTHORIZATION OF APPROPRIATIONS.

    Section 111(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) is amended by striking ‘$8,500,000,000 for the 5-year period beginning on the date of enactment of the Superfund Amendments and Reauthorization Act of 1986, and not more than $5,100,000,000 for the period commencing October 1, 1991, and ending September 30, 1994’ and inserting ‘$9,200,000,000 for the period commencing October 1, 1998, and ending September 30, 2003’.

SEC. 802. ORPHAN SHARE FUNDING.

    Section 111(a) is amended by adding after paragraph (6) the following new paragraph:

      ‘(7) ORPHAN SHARE FUNDING- Payment of orphan shares pursuant to section 128(m) of this Act.’.

SEC. 803. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

    Section 111(m) (relating to ATSDR) is amended to read as follows:

    ‘(m) AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY- There shall be directly available to the Agency for Toxic Substances and Disease Registry to be used for the purpose of carrying out activities described in subsection (c)(4) of this section and section 104(i) of this Act not less than $100,000,000 per fiscal year for each of fiscal years 1999, 2000, 2001, 2002, and 2003, of which $20,000,000 per fiscal year shall be available for the purposes of section 104(i)(15)(B). Any funds so made available which are not obligated by the end of the fiscal year in which made available shall be turned back to the Fund.’.

SEC. 804. LIMITATIONS ON RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAMS.

    Section 111(n) is amended to read as follows:

    ‘(n) LIMITATIONS ON RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM-

      ‘(1) SECTION 311(a)- From the amounts available in the Fund, not more than the following amounts may be used for the purposes of section 311(a) of this title (relating to hazardous substance research, demonstration, and training activities):

        ‘(A) For fiscal year 1999, $40,000,000.

        ‘(B) For fiscal year 2000, $50,000,000.

        ‘(C) For fiscal year 2001, $55,000,000.

        ‘(D) For fiscal year 2002, $55,000,000.

        ‘(E) For fiscal year 2003, $55,000,000.

      No more than 10 percent of such amounts shall be used for training under section 311(a) of this title for any fiscal year.

      ‘(2) SECTION 311(d)- For each of the fiscal years 1999, 2000, 2001, 2002, and 2003, not more than $5,000,000 of the amounts available in the Fund may be used for the purposes of section 311(d) of this title (relating to university hazardous substance research centers).’.

SEC. 805. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

    (a) AUTHORIZATION- Section 111(p)(1) is amended to read as follows:

      ‘(1) IN GENERAL- The following sums are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to the Hazardous Substance Superfund:

        ‘(A) For fiscal year 1999, $250,000,000.

        ‘(B) For fiscal year 2000, $250,000,000.

        ‘(C) For fiscal year 2001, $250,000,000.

        ‘(D) For fiscal year 2002, $250,000,000.

        ‘(E) For fiscal year 2003, $250,000,000.

      In addition, there is authorized to be appropriated to the Hazardous Substance Superfund for each fiscal year an amount equal to so much of the aggregate

amount authorized to be appropriated under this subsection as has not been appropriated before the beginning of the fiscal year involved.’.

    (b) REPEAL OF DUPLICATIVE AUTHORIZATION- (1) Subsection (b) of section 517 of the Superfund Amendments and Reauthorization Act (26 U.S.C. 9507 note) is hereby repealed.

    (2) Section 9507(a)(2) of the Internal Revenue Code of 1986 is amended by striking out ‘section 517(b) of the Superfund Revenue Act of 1986’ and inserting in lieu thereof ‘section 111(p) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611(p))’.

SEC. 806. ADDITIONAL LIMITATIONS.

    Section 111 is amended by adding after subsection (p) the following new subsections:

    ‘(q) CITIZEN INFORMATION AND ACCESS OFFICES- For each of the fiscal years 1999, 2000, 2001, 2002, and 2003, not more than $25,000,000 of the amounts available in the Fund may be used for the purposes of section 117(c) of this Act (relating to Waste Site Information Offices).’.

SEC. 807. USES OF THE FUND.

    Section 111(a) is amended by adding after paragraph (7), as added by this subtitle, the following new paragraph:

      ‘(8) REIMBURSEMENT OF POTENTIALLY RESPONSIBLE PARTY COSTS- If a potentially responsible party and the Administrator enter into a settlement under this Act in which the Administrator is reimbursed for its response costs, and if the Administrator determines, through a Federal audit of response the costs, that costs for which the Administrator was reimbursed--

        ‘(A) are unallowable due to contractor fraud;

        ‘(B) are unallowable under the Federal Acquisition Regulation; or

        ‘(C) should be adjusted due to routine contract and Environmental Protection Agency response cost audit procedures;

      then the Administrator is authorized to use the fund to reimburse a potentially responsible party for any costs identified under subparagraph (A), (B), or (C) of this paragraph.’.

SEC. 808. WORKER TRAINING AND EDUCATION GRANTS.

    Section 111(c)(12) (42 U.S.C. 9611(c)(12)) is amended--

      (1) by striking ‘$10,000,000’ and inserting ‘$40,000,000’; and

      (2) by striking ‘and 1994’ and inserting ‘, 1994, 1998, 1999, 2000, 2001, 2002, and 2003’.

TITLE IX--MISCELLANEOUS

SEC. 901. SMALL BUSINESS OMBUDSMAN.

    The Administrator of the Environmental Protection Agency shall establish a small business Superfund assistance section within the small business ombudsman office at the Environmental Protection Agency. Such section shall carry out the following functions:

      (1) Act as a clearinghouse of information for small businesses regarding the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Such information shall be comprehensible to a lay person and shall include information regarding the allocation process under section 128 of such Act, requirements and procedures for expedited settlements pursuant to section 122(g) of such Act, de minimis and de micromis status, and ability-to-pay procedures.

      (2) Provide general advice and assistance to small businesses as to their questions and problems concerning the allocation and settlement processes, except that such advice and assistance shall not include any legal advice as to liability or any other legal representation. The ombudsman shall not participate in the allocation process.

      (3) Develop proposals and make recommendations for changes in policies and activities of the Environmental Protection Agency which would better fulfill the goals of title II of this Act and the amendments made by that title in ensuring equitable, simplified, and expedited allocations and settlements for small businesses.

SEC. 902. CONSIDERATION OF LOCAL GOVERNMENT CLEANUP PRIORITIES.

    Section 104(c)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(2)) is amended--

      (1) by inserting ‘(A)’ after ‘(2)’; and

      (2) by adding at the end the following new subparagraph:

    ‘(B) In setting priorities for scheduling work and allocating oversight resources for a remedial action at a facility at which a potentially responsible party that is a State or local government proposes to carry out the remedial action (or a portion thereof), the Administrator should give higher priority to such remedial action (or portion thereof) if the State or local government demonstrates that the remedial action (i) will have a public benefit; and (ii) will result in the property on or adjacent to the facility being returned to productive use. A private potentially responsible party may request similar consideration, in the Administrator’s discretion. Nothing in this subparagraph shall affect the responsibility of the Administrator to schedule and oversee the conduct of remedial action so as to assure protection of human health and the environment.’.

SEC. 903. REPORT AND OVERSIGHT REQUIREMENTS.

    (a) SUBMISSION TO STATE GOVERNORS- Section 301(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9651(h)(1)) is amended in the matter preceding subparagraph (A) by striking ‘to Congress of such Agency’ and inserting ‘of such Agency to Congress and the Governor of each State’.

    (b) PROGRESS REPORT- Section 301(h)(1)(A) is amended to read as follows:

        ‘(A) A progress report of accomplishments and expenditures on a State-by-State basis, including--

          ‘(i) a statement of the number of completed records of decision, removal actions, remedial actions, and enforcement actions; and

          ‘(ii) a statement of--

            ‘(I) the aggregate amount expended in each State;

            ‘(II) the amount expended in each State for site investigation and cleanup activities;

            ‘(III) the amount expended in each State for non site-specific costs; and

            ‘(IV) the amount expended for enforcement actions and cost recovery activities.’.

    (c) OTHER REPORT CONTENTS- Section 301(h)(1) is further amended--

      (1) in subparagraph (B), by striking ‘such study’ and inserting ‘removal and remedial action’; and

      (2) in subparagraph (C), by striking ‘study’ and inserting ‘removal action and remedial action’.

    (d) RESPONSE TO STATE COMMENTS BY EPA- Section 301(h) is amended by adding at the end the following:

      ‘(4) RESPONSE TO STATE COMMENTS BY EPA- The Administrator of the Environmental Protection Agency shall respond in writing to any comments submitted to the Administrator by a State regarding reports developed under this subsection.’.

SEC. 904. REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS.

    (a) AMENDMENT OF SECTION 123- Section 123 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9623) is amended to read as follows:

‘SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS.

    ‘(a) APPLICATION- Any State or general purpose unit of local government for a political subdivision of a State that is affected by a release or threatened release at any facility may apply to the President for reimbursement under this section.

    ‘(b) REIMBURSEMENT-

      ‘(1) EMERGENCY RESPONSE ACTIONS- The President is authorized to reimburse States and local community authorities for expenses incurred (before or after the enactment of the Superfund Improvement Act of 1998) in carrying out emergency response actions necessary to prevent or mitigate injury to human health or the environment associated with the release or threatened release of any hazardous substance or pollutant or contaminant. Such actions may include, where appropriate, security fencing to limit access, cleanup of illicit drug laboratories, response to fires and explosions, and other measures that require immediate response at the State or local level.

      ‘(2) STATE OR LOCAL FUNDS NOT SUPPLANTED- Reimbursement under this section shall not supplant State or local funds normally provided for response.

    ‘(c) AMOUNT- (1) The amount of any reimbursement to a local authority under subsection (b)(1) may not exceed $25,000 for a single response. The reimbursement under this section with respect to a single facility shall be limited to the units of local government having jurisdiction over the political subdivision in which the facility is located.

    ‘(2) The amount of any reimbursement to a State under subsection (b)(1) may not exceed $50,000 for a single response. The reimbursement under this section with respect to a single facility shall be limited to the State in which the facility is located.

    ‘(3) The total amount made available to State and local governments under subsection (b)(1) may not exceed $50,000 for a single response.

    ‘(d) PROCEDURE- Reimbursements authorized pursuant to this section shall be in accordance with rules promulgated by the Administrator.’.

    (b) AMENDMENT OF SECTION 111- Paragraph (11) of section 111(c) of such Act is amended--

      (1) by striking ‘LOCAL GOVERNMENT REIMBURSEMENT- ’ and inserting in lieu thereof ‘STATE AND LOCAL GOVERNMENT REIMBURSEMENT- (A)’; and

      (2) by adding at the end the following new subparagraph:

      ‘(B) Reimbursements to States under section 123, except that no State may receive more than $2,000,000 in any one fiscal year.’.

    (c) DEADLINE FOR REGULATIONS- The Administrator of Environmental Protection Agency shall promulgate any regulations necessary to implement section 123 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9623), as amended by subsection (a), not later than 24 months after the date of the enactment of this Act.

TITLE X--5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND

SEC. 1001. EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND.

    (a) EXTENSION OF TAXES-

      (1) Paragraph (1) of section 59A(e) of the Internal Revenue Code of 1986 is amended to read as follows:

      ‘(1) IN GENERAL- The tax imposed by this section shall apply to taxable years beginning after December 31, 1998, and before January 1, 2004.’

      (2) Paragraph (1) of section 4611(e) of such Code is amended to read as follows:

      ‘(1) IN GENERAL- Except as provided in paragraph (2), the Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1998, and before January 1, 2004.’

      (3) Paragraph (2) of section 4611(e) of such Code is amended--

        (A) by striking ‘1993’ and inserting ‘2001’,

        (B) by striking ‘1994’ each place it appears and inserting ‘2002’, and

        (C) by striking ‘1995’ each place it appears and inserting ‘2003’.

    (b) INCREASE IN AGGREGATE TAX WHICH MAY BE COLLECTED- Paragraph (3) of section 4611(e) of such Code is amended by striking ‘$11,970,000,000’ each place it appears and inserting ‘$22,000,000,000’ and by striking ‘December 31, 1995’ and inserting ‘December 31, 2003’.

    (c) EXTENSION OF REPAYMENT DEADLINE FOR SUPERFUND BORROWING- Subparagraph (B) of section 9507(d)(3) of such Code is amended by striking ‘December 31, 1995’ and inserting ‘December 31, 2003’.

    (d) TRUST FUND PURPOSES- Paragraph (1) of section 9507(c) of such Code is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:

        ‘(A) to carry out the purposes specified in subsections (b), (c), and (d) of section 111 of CERCLA, or

        ‘(B) hereafter authorized by a law which does not authorize the expenditure out of the Superfund for a general purpose not covered by subparagraph (A).’

    (e) COORDINATION WITH OTHER PROVISIONS- Paragraph (2) of section 9507(e) of such Code is amended by striking ‘CERCLA’ and all that follows through ‘Acts)’ and inserting ‘CERCLA, the Superfund Amendments and Reauthorization Act of 1986, and the Superfund Improvement Act of 1998 (or in any amendment made by any of such Acts)’.