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106th Congress                                            Rept. 106-353
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
                   RECYCLE AMERICA'S LAND ACT OF 1999

                                _______


               September 30, 1999.--Ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1300]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1300) to amend the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
to promote brownfields redevelopment, to reauthorize and reform 
the Superfund program, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Recycle America's 
Land Act of 1999''.
  (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980.
Sec. 3. Effective date.

                  TITLE I--BROWNFIELDS REVITALIZATION

Sec. 101. Savings provision.
Sec. 102. Brownfields.
Sec. 103. Assistance for voluntary cleanup programs.
Sec. 104. Enforcement in cases of a release subject to a State response 
action.
Sec. 105. Additions to National Priorities List.

           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

Sec. 201. Improving citizen and community participation in 
decisionmaking.
Sec. 202. Additional information requirements.
Sec. 203. Technical assistance grants.
Sec. 204. Understandable presentation of materials.
Sec. 205. Public participation in removal actions.
Sec. 206. Community study.
Sec. 207. Definitions.

                        Subtitle B--Human Health

Sec. 221. Public health authorities.
Sec. 222. Indian health provisions.
Sec. 223. Hazard ranking system.
Sec. 224. Facility scoring.

                      TITLE III--LIABILITY REFORM

Sec. 301. Amendments to section 106.
Sec. 302. Innocent parties.
Sec. 303. Statutory construction.
Sec. 304. Livestock treatment.
Sec. 305. Liability relief for small businesses, municipal solid waste, 
sewage sludge, municipal owners and operators, and de micromis 
contributors.
Sec. 306. Amendments to section 113.
Sec. 307. Liability of response action contractors.
Sec. 308. Amendments to section 122.
Sec. 309. Clarification of liability for recycling transactions.
Sec. 310. Allocation.

                       TITLE IV--REMEDY SELECTION

Sec. 401. Remedy selection.
Sec. 402. Hazardous substance property use.
Sec. 403. Risk assessment standards.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Trust fund defined.
Sec. 502. Indian tribes.
Sec. 503. Grants for training and education of workers.
Sec. 504. State cost share.
Sec. 505. State and local reimbursement for response actions.
Sec. 506. State role at Federal facilities.
Sec. 507. Federal cost study.
Sec. 508. No preemption of State law claims.
Sec. 509. Purchase of American-made equipment, products, and 
technologies.
Sec. 510. Development of new technologies and methods.

     TITLE VI--EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND

Sec. 601. Expenditures from the Hazardous Substance Superfund.
Sec. 602. Authorization of appropriations from general revenues.
Sec. 603. Completion of National Priorities List.

                          TITLE VII--REVENUES

Sec. 701. Sense of Committee on Transportation and Infrastructure.

SEC. 2. AMENDMENTS TO COMPREHENSIVE ENVIRONMENTAL RESPONSE, 
                    COMPENSATION, AND LIABILITY ACT OF 1980.

  Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.).

SEC. 3. EFFECTIVE DATE.

  Except as otherwise specifically provided, this Act, and the 
amendments made by this Act, shall become effective on the date of 
enactment of this Act.

                  TITLE I--BROWNFIELDS REVITALIZATION

SEC. 101. SAVINGS PROVISION.

  Nothing in this title (including the amendments made by this title) 
may be construed to affect the President's authority to respond to a 
release or threatened release of a hazardous substance, pollutant, or 
contaminant under section 104 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980.

SEC. 102. BROWNFIELDS.

  Title I (42 U.S.C. 9601 et seq.) is amended by adding at the end the 
following:

``SEC. 127. BROWNFIELDS.

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Administrative cost.--The term `administrative cost' 
        does not include the cost of--
                  ``(A) site inventories;
                  ``(B) investigation and identification of the extent 
                of contamination;
                  ``(C) design and performance of a response action; or
                  ``(D) monitoring of natural resources.
          ``(2) Brownfield facility.--
                  ``(A) In general.--The term `brownfield facility' 
                means real property with respect to which expansion, 
                development, or redevelopment is complicated by the 
                presence or potential presence of a hazardous 
                substance.
                  ``(B) Excluded facilities.--The term `brownfield 
                facility' does not include--
                          ``(i) any portion of real property that is 
                        the subject of an ongoing removal or planned 
                        removal under section 104;
                          ``(ii) any portion of real property that is 
                        listed or has been proposed for listing on the 
                        National Priorities List;
                          ``(iii) any portion of real property with 
                        respect to which a cleanup is proceeding under 
                        a permit, an administrative order, or a 
                        judicial consent decree entered into by the 
                        United States or an authorized State under this 
                        Act, the Solid Waste Disposal Act (42 U.S.C. 
                        6901 et seq.), the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.), the Toxic 
                        Substances Control Act (15 U.S.C. 2601 et 
                        seq.), or the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                          ``(iv) a facility that is owned or operated 
                        by a department, agency, or instrumentality of 
                        the United States, except a facility located on 
                        lands held in trust for an Indian tribe; or
                          ``(v) a portion of a facility for which 
                        assistance for response activity has been 
                        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 under section 9508 of the Internal 
                        Revenue Code of 1986.
          ``(3) Eligible entity.--
                  ``(A) In general.--The term `eligible entity' means--
                          ``(i) a State or a political subdivision of a 
                        State, including--
                                  ``(I) a general purpose unit of local 
                                government; and
                                  ``(II) a regional council or group of 
                                general purpose units of local 
                                government;
                          ``(ii) a redevelopment agency that is 
                        chartered or otherwise sanctioned by a State or 
                        other unit of government; and
                          ``(iii) an Indian tribe.
                  ``(B) Excluded entities.--The term `eligible entity' 
                does not include any entity that is not in full 
                compliance with the requirements of an administrative 
                order, judicial consent decree, or closure plan under a 
                permit which has been issued or entered into by the 
                United States or an authorized State under this Act, 
                the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.), the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.), or the Safe Drinking Water Act (42 
                U.S.C. 300f et seq.) with respect to the real property 
                or portion thereof which is the subject of the order, 
                judicial consent decree, or closure plan.
  ``(b) Brownfield Assessment Grant Program.--
          ``(1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible entities for 
        inventory and assessment of brownfield facilities.
          ``(2) Assistance for site assessment.--On approval of an 
        application made by an eligible entity, the President may make 
        grants to the eligible entity to be used for developing an 
        inventory and conducting an assessment (including an assessment 
        of public health implications) of 1 or more brownfield 
        facilities.
          ``(3) Applications.--
                  ``(A) In general.--Any eligible entity may submit an 
                application to the President, in such form as the 
                President may require, for a grant under this 
                subsection for 1 or more brownfield facilities.
                  ``(B) Application requirements.--An application for a 
                grant under this subsection shall include information 
                relevant to the ranking criteria established under 
                paragraph (4) for the facility or facilities for which 
                the grant is requested.
          ``(4) Ranking criteria.--The President shall establish a 
        system for ranking grant applications submitted under this 
        subsection that includes the following criteria:
                  ``(A) The demonstrated need for Federal assistance.
                  ``(B) The extent to which a grant will stimulate the 
                availability of other funds for environmental 
                remediation and subsequent redevelopment of the area in 
                which the brownfield facilities are located.
                  ``(C) The estimated extent to which a grant would 
                facilitate the identification of or facilitate a 
                reduction in health and environmental risks.
                  ``(D) The financial involvement of the State and 
                local government in any response action planned for a 
                brownfield facility and the extent to which the 
                response action and the proposed redevelopment is 
                consistent with any applicable State or local community 
                economic development plan.
                  ``(E) The extent to which the site assessment and 
                subsequent development involves the active 
                participation and support of the local community.
          ``(5) Maximum grant amount per facility.--A grant made to an 
        eligible entity under this subsection shall not exceed $200,000 
        with respect to any brownfield facility covered by the grant.
  ``(c) Brownfield Remediation Grant Program.--
          ``(1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible entities to 
        be used for capitalization of revolving loan funds for remedial 
        actions at brownfield facilities.
          ``(2) Assistance for site remediation.--Upon approval of an 
        application made by an eligible entity, the President may make 
        grants to the eligible entity to be used for establishing a 
        revolving loan fund. Any fund established using such grants 
        shall be used to make loans to a State, a site owner, or a site 
        developer for the purpose of carrying out remedial actions at 1 
        or more brownfield facilities.
          ``(3) Assistance for development of local government site 
        remediation programs.--A local government that receives a grant 
        under this subsection may use up to 10 percent of the amount of 
        the grant to develop and implement a brownfields site 
        remediation program, including monitoring of human health of 
        any populations exposed to hazardous substances from 
        brownfields facilities, and monitoring and enforcement of any 
        institutional controls required to prevent human exposure to 
        any hazardous substances from brownfields facilities.
          ``(4) Applications.--
                  ``(A) In general.--Any eligible entity may submit an 
                application to the President, in such form as the 
                President may require, for a grant under this 
                subsection.
                  ``(B) Application requirements.--An application under 
                this subsection shall include information relevant to 
                the ranking criteria established under paragraph (5).
          ``(5) Ranking criteria.--The President shall establish a 
        system for ranking grant applications submitted under this 
        subsection that includes the following criteria:
                  ``(A) The adequacy of the financial controls and 
                resources of the eligible entity to administer a 
                revolving loan fund in accordance with this subsection.
                  ``(B) The ability of the eligible entity to monitor 
                the use of funds provided to loan recipients under this 
                subsection.
                  ``(C) The ability of the eligible entity to ensure 
                that a remedial action funded by the grant will be 
                conducted under the authority of a State cleanup 
                program that ensures that the remedial action is 
                protective of human health and the environment.
                  ``(D) The ability of the eligible entity to ensure 
                that any cleanup funded under this subsection will 
                comply with all laws that apply to the cleanup.
                  ``(E) The need of the eligible entity for financial 
                assistance to clean up brownfield sites that are the 
                subject of the application, taking into consideration 
                the financial resources available to the eligible 
                entity.
                  ``(F) The ability of the eligible entity to ensure 
                that the applicants repay the loans in a timely manner.
                  ``(G) The plans of the eligible entity for using the 
                grant to stimulate economic development or creation of 
                recreational areas on completion of the cleanup.
                  ``(H) The plans of the eligible entity for using the 
                grant to stimulate the availability of other funds for 
                environmental remediation and subsequent redevelopment 
                of the area in which the brownfield facilities are 
                located.
                  ``(I) The plans of the eligible entity for using the 
                grant to facilitate a reduction of health and 
                environmental risks.
                  ``(J) The plans of the eligible entity for using the 
                grant for remediation and subsequent development that 
                involve the active participation and support of the 
                local community.
          ``(6) Maximum grant amount.--A grant made to an eligible 
        entity under this subsection may not exceed $1,000,000.
  ``(d) General Provisions.--
          ``(1) Prohibition.--No part of a grant under this section may 
        be used for the payment of penalties or fines. Except as 
        provided in subsection (c)(3), no part of such a grant may be 
        used for the payment of administrative costs.
          ``(2) Audits.--The President shall audit an appropriate 
        number of grants made under subsections (b) and (c) to ensure 
        that funds are used for the purposes described in this section.
          ``(3) Agreements.--
                  ``(A) Terms and conditions.--Each grant made under 
                this section shall be subject to an agreement that--
                          ``(i) requires the eligible entity to comply 
                        with all applicable Federal and State laws;
                          ``(ii) requires the eligible entity to use 
                        the grant exclusively for the purposes 
                        specified in subsection (b) or (c);
                          ``(iii) in the case of an application by a 
                        State under subsection (c), requires payment by 
                        the State of a matching share, of at least 50 
                        percent of the amount of the grant, from other 
                        sources of funding;
                          ``(iv) requires that grants under this 
                        section will not supplant State or local funds 
                        normally provided for the purposes specified in 
                        subsection (b) or (c); and
                          ``(v) contains such other terms and 
                        conditions as the President determines to be 
                        necessary to ensure proper administration of 
                        the grants.
                  ``(B) Limitation.--The President shall not place 
                terms or conditions on grants made under this section 
                other than the terms and conditions specified in 
                subparagraph (A).
          ``(4) Leveraging.--An eligible entity that receives a grant 
        under this section may use the funds for part of a project at a 
        brownfield facility for which funding is received from other 
        sources, including other Federal sources, but the grant shall 
        be used only for the purposes described in subsection (b) or 
        (c).
  ``(e) Approval.--
          ``(1) Initial grant.--Before the expiration of the fourth 
        quarter of the first fiscal year following the date of 
        enactment of this section, the President shall make grants 
        under this section to eligible entities and States that submit 
        applications, before the expiration of the second quarter of 
        such year, that the President determines have the highest 
        rankings under the ranking criteria established under 
        subsection (b)(4) or (c)(5).
          ``(2) Subsequent grants.--Beginning with the second fiscal 
        year following the date of enactment of this section, the 
        President shall make an annual evaluation of each application 
        received during the prior fiscal year and make grants under 
        this section to eligible entities and States that submit 
        applications during the prior year that the President 
        determines have the highest rankings under the ranking criteria 
        established under subsection (b)(4) or (c)(5).
  ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary. 
Such funds shall remain available until expended.''.

SEC. 103. ASSISTANCE FOR VOLUNTARY CLEANUP PROGRAMS.

  Title I (42 U.S.C. 9601 et seq.) is further amended by adding at the 
end the following:

``SEC. 128. STATE VOLUNTARY CLEANUP PROGRAMS.

  ``(a) Assistance to States.--The Administrator may provide technical 
and other assistance to States to establish and expand State voluntary 
cleanup programs.
  ``(b) Eligible Purposes.--The purposes for which assistance may be 
provided under subsection (a) include the following:
          ``(1) Providing technical assistance for response actions.
          ``(2) Providing adequate opportunities for public 
        participation, including prior notice and opportunity for 
        comment in appropriate circumstances, in selecting response 
        actions.
          ``(3) Developing streamlined procedures to ensure expeditious 
        response actions.
          ``(4) Providing oversight and enforcement of response 
        actions.
          ``(5) Performing site inventories and assessments.
  ``(c) Prohibition on Conditions.--A State may request assistance 
under this section for 1 or more eligible purposes. The President may 
require that such assistance be used to carry out the eligible purposes 
for which the assistance is provided, but may not require as a 
condition of such assistance that the State take actions unrelated to 
such purposes.
  ``(d) Funding.--There is authorized to be appropriated for assistance 
to States under this section $25,000,000 for each of fiscal years 2000 
through 2007. The amount of such assistance shall be distributed among 
each of the States that notifies the Administrator of the State's 
intent to establish a State voluntary cleanup program and each of the 
States with a State voluntary cleanup program.
  ``(e) Minimum Amount of Assistance.--Subject to appropriations, the 
minimum amount of assistance the Administrator may provide to a State 
voluntary cleanup program under this section for a fiscal year shall be 
$250,000.
  ``(f) Limitation on Assistance for Site Inventories.--A State that 
receives assistance under this section in a fiscal year shall not be 
eligible in assistance for site inventories and assessments under 
section 127(b) in such fiscal year.''.

SEC. 104. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE RESPONSE 
                    ACTION.

  Title I (42 U.S.C. 9601 et seq.) is further amended by adding at the 
end the following:

``SEC. 129. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE 
                    RESPONSE ACTION.

  ``(a) Enforcement.--Except as provided in subsection (b), in the case 
of a facility that is not listed or proposed for listing on the 
National Priorities List and at which there is a release or threatened 
release of a hazardous substance, neither the President nor any other 
person (other than a State) may use authority under this Act against 
any person who is conducting or has completed a response action in 
compliance with a State law that specifically governs response actions 
for the protection of public health and the environment--
          ``(1) to take an administrative or judicial enforcement 
        action under section 106;
          ``(2) to take a judicial enforcement action to recover 
        response costs under section 107 or 113; or
          ``(3) to bring a private civil action to recover response 
        costs under section 107 or 113;
regarding any release or threatened release that is addressed by such 
response action.
  ``(b) Exceptions.--The President may bring an administrative 
enforcement action or a judicial enforcement action to recover response 
costs under this Act with respect to a facility described in subsection 
(a) if--
          ``(1) the State requests the President to take such action;
          ``(2) the President determines that response actions are 
        immediately required to prevent, limit, or mitigate an 
        emergency and the State will not take the necessary response 
        actions in a timely manner;
          ``(3) the Agency for Toxic Substances and Disease Registry 
        issues a public health advisory with respect to the facility; 
        or
          ``(4) the President determines that contamination has 
        migrated across a State line, resulting in the need for further 
        response action to protect human health or the environment and 
        the affected States will not take the necessary response 
        actions in a timely manner.
  ``(c) Report to Congress.--Not later than 30 days after the date of 
any enforcement action by the President against a person described in 
subsection (a), the President shall submit a report to Congress 
describing the factual and legal basis for such action, with specific 
reference to the facts demonstrating that action is permitted under 
subsection (b).''.

SEC. 105. ADDITIONS TO NATIONAL PRIORITIES LIST.

  (a) NPL Deferrals.--Section 105 (42 U.S.C. 9605) is amended by adding 
at the end the following:
  ``(h) NPL Deferrals.--
          ``(1) Deferrals to other federal authority.--The President 
        generally shall defer listing a facility on the National 
        Priorities List if long-term remedial action will be conducted 
        under other Federal authorities, including the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.), the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), 
        the Federal Insecticide, Fungicide, and Rodenticide Act (7 
        U.S.C. 136 et seq.), and the Atomic Energy Act of 1954 (42 
        U.S.C. 2011 et seq.).
          ``(2) Deferral to state response action.--The President 
        generally shall defer listing a facility on the National 
        Priorities List if remedial action that will provide long-term 
        protection of human health and the environment is underway at 
        that facility under a State response program.
          ``(3) Encouraging state voluntary cleanups.--At the request 
        of a State, the President shall defer final listing of a 
        facility on the National Priorities List if the State is 
        attempting to obtain an agreement from a person or persons to 
        perform a remedial action that will provide long-term 
        protection of human health and the environment at such facility 
        under a State response program. If, after the last day of the 
        1-year period beginning on the date that the President proposes 
        to list the facility on the National Priorities List, the 
        President finds that the State is not making reasonable 
        progress toward obtaining such an agreement, the President may 
        place the facility on the National Priorities List.''.
  (b) Cross Reference.--Section 105(a)(8)(B) (42 U.S.C. 9605(a)(8)(B)) 
is amended by inserting after ``shall revise the list'' the following: 
``, subject to subsection (h),''.

           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

SEC. 201. IMPROVING CITIZEN AND COMMUNITY PARTICIPATION IN 
                    DECISIONMAKING.

  (a) Technical Amendments.--Section 117 (42 U.S.C. 9617) is amended--
          (1) in subsection (a)--
                  (A) by striking ``Proposed Plan'' and inserting 
                ``Proposed plan'';
                  (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively; and
                  (C) by striking ``under paragraph (1)'' and inserting 
                ``under subparagraph (A)'';
          (2) by redesignating subsection (a) as paragraph (4) and 
        moving the text of such paragraph 2 ems to the right;
          (3) in subsection (b) by striking ``Final Plan'' and 
        inserting ``Final plan'';
          (4) in subsection (c)--
                  (A) by striking ``Explanation of Differences'' and 
                inserting ``Explanation of differences''; and
                  (B) by redesignating paragraphs (1), (2), and (3) as 
                subparagraphs (A), (B), and (C), respectively; and
          (5) by redesignating subsections (b) and (c) as paragraphs 
        (6) and (7) and moving the text of such paragraphs 2 ems to the 
        right.
  (b) Participation in Decisionmaking.--
          (1) Improving citizen and community participation in 
        decisionmaking.--Section 117 (42 U.S.C. 9617) is further 
        amended by inserting after the section heading the following:
  ``(a) Improving Citizen and Community Participation in 
Decisionmaking.--
          ``(1) In general.--In order to provide an opportunity for 
        meaningful public participation at every significant phase of a 
        response action at a covered facility, 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 to disseminate information 
        to the community concerning the President's activities at a 
        covered facility.
          ``(2) Preliminary assessment and site inspection.--
                  ``(A) Evaluation of concerns.--To the extent 
                practicable, before or during site inspection, the 
                President shall solicit and evaluate concerns, 
                interests, and information from affected Indian Tribes, 
                the affected community, local government officials, and 
                State and local health officials.
                  ``(B) Requirements for evaluation.--An evaluation 
                under subparagraph (A) 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.--
                  ``(A) Public meetings.--The President shall provide, 
                as appropriate, an opportunity for public meetings and 
                publish a notice of such meetings before or during the 
                remedial investigation and feasibility study.
                  ``(B) Solicitation of views.--During the remedial 
                investigation and feasibility study, the President 
                shall solicit the views and preferences of affected 
                Indian tribes, the affected community, local government 
                officials, and State 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) Completion of work plan.--Section 117(a) (42 U.S.C. 
        9617(a)) is amended by inserting after paragraph (4) of such 
        section, as redesignated by subsection (a)(2) of this section, 
        the following:
          ``(5) Completion of work plan.--The President shall provide, 
        as appropriate, an opportunity for public meetings and publish 
        a notice of such meetings before or during the completion of 
        the work plan for the remedial action.''.
  (c) Alternatives; Selecting Appropriate Activities; Providing 
Information.--Section 117(a) (42 U.S.C. 9617(a)) is amended by 
inserting after paragraph (7) of such section, as redesignated by 
subsection (a)(5) of this section, the following:
          ``(8) Alternatives.--Pursuant to paragraph (4), affected 
        Indian tribes, the affected community, local government 
        officials, and State and local health officials may propose 
        remedial alternatives to the President. The President shall 
        consider such alternatives in the same manner as the President 
        considers alternatives proposed by other parties.
          ``(9) Selecting appropriate activities.--In determining which 
        of the activities set forth in paragraph (2) may be 
        appropriate, the President may consult with affected Indian 
        tribes, the affected community, local government officials, and 
        State and local health officials.
          ``(10) Providing information.--
                  ``(A) In general.--The President shall provide 
                information to affected Indian tribes, the affected 
                community, local government officials, and State and 
                local health officials at every significant phase of 
                the response action at the covered facility.
                  ``(B) Notice.--The President, on a regular basis, 
                shall inform the entities specified in subparagraph (A) 
                of the progress and substance of technical meetings 
                between the lead agency and potentially responsible 
                parties regarding a covered facility and shall provide 
                notice to such entities concerning--
                          ``(i) the schedule for commencement of 
                        construction activities at the covered facility 
                        and the location and availability of 
                        construction plans;
                          ``(ii) the results of any review under 
                        section 121(c) and any modifications to the 
                        covered facility made as a result of the 
                        review; and
                          ``(iii) the execution of and any revisions to 
                        institutional controls being used as part of a 
                        remedial action.''.

SEC. 202. ADDITIONAL INFORMATION REQUIREMENTS.

  Section 117 (42 U.S.C. 9617) is amended by inserting after subsection 
(a), as amended by section 201 of this Act, the following:
  ``(b) Additional Information Requirements.--
          ``(1) Additional public involvement requirements.--
                  ``(A) Availability of records.--The President shall 
                make records relating to a response action at a covered 
                facility available to the public throughout all phases 
                of the response action. 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.
                  ``(B) Requirements for public information.--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.
          ``(2) Disclosure of releases of hazardous substances at 
        superfund sites.--
                  ``(A) Information.--The President shall make the 
                following information available to the public as 
                provided in subparagraph (B) about releases of 
                hazardous substances, pollutants, and contaminants from 
                covered facilities at the following stages of a 
                response action:
                          ``(i) Removal actions.--A best estimate of 
                        the releases from the facility before the 
                        removal action is taken, during the period of 
                        the removal action, and that are expected after 
                        the removal action is completed.
                          ``(ii) Remedial investigation.--As part of 
                        the requirements for the remedial 
                        investigation, a summary and best estimate of 
                        the releases from the facility.
                          ``(iii) Feasibility study.--As part of the 
                        feasibility study, a summary and best estimate 
                        of the releases that are expected both during 
                        and at the conclusion of each remedial option 
                        that is considered.
                          ``(iv) Record of decision.--As part of the 
                        record of decision, a summary and best estimate 
                        of the releases that are expected both during 
                        and at the conclusion of implementation of the 
                        selected remedy.
                          ``(v) Construction completion.--After 
                        construction of the remedy is complete and 
                        during operation and maintenance, a periodic 
                        assessment of releases based on any monitoring 
                        required under section 121(g).
                  ``(B) Availability of information.--Information 
                provided under this paragraph shall be made available 
                to the residents of the communities surrounding the 
                covered facility, to police, fire, and emergency 
                medical personnel in the surrounding communities, and 
                to the general public. To improve access to such 
                information by Federal, State, and local governments 
                and researchers, such information may be provided to 
                the general public through electronic or other means. 
                Such information shall be expressed in common units and 
                a common format.
                  ``(C) Source of information and methods of 
                collection.--Nothing in this paragraph shall require 
                the collection of any additional data beyond that 
                already collected as part of the response action. If 
                data are not readily available, the information 
                provided under this paragraph shall be based on best 
                estimates.''.

SEC. 203. TECHNICAL ASSISTANCE GRANTS.

  Section 117 (42 U.S.C. 9617) is further amended--
          (1) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively; and
          (2) by striking subsection (d) (as so redesignated) and 
        inserting the following:
  ``(d) Technical Assistance Grants.--
          ``(1) Authority.--In accordance with rules to be promulgated 
        by the Administrator, the Administrator may make grants for 
        technical assistance available to any affected community with 
        respect to--
                  ``(A) a covered facility;
                  ``(B) a facility at which the Administrator is 
                undertaking a response action anticipated to exceed 1 
                year; or
                  ``(C) a facility at which the funding limit under 
                section 104 is anticipated to be reached.
          ``(2) Special rules.--
                  ``(A) Federal share.--No matching contribution shall 
                be required for a grant under this subsection.
                  ``(B) Advance payments.--The Administrator may make 
                available to a recipient of a grant under this 
                subsection in advance of the expenditures to be covered 
                by the grant the lesser of $5,000 or 10 percent of the 
                total amount of the grant.
          ``(3) Grant availability.--The Administrator shall promptly 
        notify residents and Indian tribes living near a facility 
        eligible for grants under paragraph (1) that technical 
        assistance grants are available under this section.
          ``(4) Number of grants per facility.--
                  ``(A) In general.--Except as otherwise provided in 
                this paragraph, the Administrator may not make more 
                than 1 grant under this subsection with respect to a 
                single facility.
                  ``(B) Renewal of grants.--A grant made under this 
                subsection with respect to a facility may be renewed to 
                facilitate public participation at all stages of a 
                response action.
                  ``(C) Special rule.--In exceptional circumstances, 
                the Administrator may provide more than 1 grant under 
                this subsection with respect to a single facility, 
                after considering such factors as the area affected by 
                the facility and the distances between affected 
                communities.
          ``(5) Funding amount.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the amount of a grant under this subsection may 
                not exceed $50,000 for a single grant recipient.
                  ``(B) Additional funds.--The Administrator may 
                increase the amount of a grant under this subsection 
                if--
                          ``(i) the grant recipient demonstrates that 
                        the characteristics of a facility indicate that 
                        additional funds are necessary due to the 
                        complexity of the response action, including 
                        the size and complexity of the facility, or the 
                        nature or volume of site-related information; 
                        and
                          ``(ii) the Administrator finds that the grant 
                        recipient's management of a previous grant 
                        under this subsection, if any, was 
                        satisfactory, and the costs incurred under the 
                        grant were 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 
        grants under this subsection and, not later than 180 days after 
        the date of enactment of this paragraph, revise, as 
        appropriate, such guidelines and procedures to simplify the 
        process of obtaining such grants.
          ``(7) Authorized grant activities.--
                  ``(A) Information and participation.--To facilitate 
                full participation by a grant recipient in response 
                activities at a facility, a grant made under this 
                subsection may be used to obtain technical assistance, 
                including the hiring of health and safety experts, in 
                interpreting information for, and disseminating 
                information to, members of the community, and in 
                providing information and recommendations to the 
                President, with regard to--
                          ``(i) the nature of the hazard at a facility, 
                        including information used to rank facilities 
                        according to the Hazard Ranking System;
                          ``(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) institutional controls;
                          ``(viii) removal activities at the facility; 
                        and
                          ``(ix) public health assessment or health 
                        studies.
                  ``(B) Additional activities.--In addition to the 
                activities specified in subparagraph (A), not more than 
                10 percent of the amount of a grant under this 
                subsection may be used for educational training, hiring 
                neutral professionals to facilitate deliberations and 
                consensus efforts, and hiring community liaisons to 
                potentially responsible parties and government agencies 
                to facilitate public participation at the facility.
                  ``(C) Availability of information.--Information 
                generated by the recipients of grants under this 
                subsection shall be made publicly available.
                  ``(D) Limitation.--Grants made under this subsection 
                may not be used for the purposes of collecting field 
                sampling data.
          ``(8) Non-site-specific grants.--In accordance with rules to 
        be promulgated by the Administrator, the Administrator may make 
        grants under this subsection to Indian tribes, nonprofit 
        organizations, and citizens groups to enhance their 
        participation, prior to final agency action, in rulemaking 
        processes carried out in accordance with this Act. Total 
        funding for all such grants shall not exceed $100,000.
          ``(9) Representative of the community.--The Administrator 
        shall publish guidance for determining whether a recipient of a 
        grant under this subsection is a legitimate representative of 
        the community affected by a facility.''.

SEC. 204. UNDERSTANDABLE PRESENTATION OF MATERIALS.

  Section 117 (42 U.S.C. 9617) is further amended by adding at the end 
the following:
  ``(e) Understandable Presentation of Materials.--The President shall 
ensure that information prepared for distribution to the public under 
this section will be provided or summarized in a manner that may be 
easily understood by the community, after 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. 205. PUBLIC PARTICIPATION IN REMOVAL ACTIONS.

  Section 117 (42 U.S.C. 9617) is further amended by adding at the end 
the following:
  ``(f) Public Participation in Removal Actions.--In the case of a 
removal action taken in accordance with section 104, the President 
shall provide opportunities for meaningful public participation as 
follows:
          ``(1) Removal actions where on-site activities must begin in 
        less than 6 months.--In the case of a removal action where on-
        site activities must begin in less than 6 months, the President 
        shall--
                  ``(A) publish a notice of availability of the 
                administrative record established under section 113(k) 
                in a local newspaper of general circulation within 60 
                days of any on-site removal activity;
                  ``(B) provide a public comment period, as 
                appropriate, of not less than 30 days from the date on 
                which the administrative record is made available for 
                public inspection; and
                  ``(C) prepare a written response to comments.
          ``(2) Removal actions where on-site activities will extend 
        beyond 120 days.--In the case of a removal action where on-site 
        activities are expected to extend beyond 120 days, the 
        President shall--
                  ``(A) conduct interviews with any relevant community 
                advisory group, affected Indian tribes, the affected 
                community, local government officials, and State and 
                local health officials, as appropriate, to solicit 
                their concerns and information needs and to determine 
                the method and timing of involvement in the response 
                action by the affected community;
                  ``(B) prepare a formal community relations plan based 
                on the community interviews and other relevant 
                information, specifying the community relations 
                activities that the President expects to undertake 
                during the response; and
                  ``(C) establish at least 1 local information 
                repository at or near the location of the response 
                action.
        The information repository shall contain items made available 
        for public information and the administrative record. The 
        President shall inform the affected community of the 
        establishment of the information repository and provide a 
        notice of availability of the administrative record for public 
        review. All items in the repository shall be available for 
        public inspection and copying.
          ``(3) Removal actions where planning period will extend 
        beyond 6 months.--In the case of a removal action where the 
        planning period is expected to extend beyond 6 months, the 
        President shall--
                  ``(A) comply with the requirements of paragraph (2);
                  ``(B) provide a notice of availability of and a brief 
                description of the removal engineering evaluation and 
                cost analysis in a local newspaper of general 
                circulation;
                  ``(C) provide a reasonable opportunity, not less than 
                30 days, for submission of written and oral comments 
                after completion of the engineering evaluation and cost 
                analysis; and
                  ``(D) prepare a written response to significant 
                comments.''.

SEC. 206. COMMUNITY STUDY.

  Section 117 (42 U.S.C. 9617) is further amended by adding at the end 
the following:
  ``(g) Community Study.--
          ``(1) Report by the administrator.--Not later than 2 years 
        after the date of enactment of this Act, the Administrator 
        shall prepare and submit to Congress a community study. The 
        Administrator shall periodically update the study. The 
        Administrator shall ensure that copies of such studies are made 
        available to the public.
          ``(2) Contents of the report.--The Administrator's report 
        shall include an analysis of--
                  ``(A) the time between the discovery and listing of a 
                facility;
                  ``(B) the timing and nature of response actions;
                  ``(C) the degree to which public views are reflected 
                in response actions;
                  ``(D) future land use determinations and use of 
                institutional controls;
                  ``(E) the population, race, ethnicity, and income 
                characteristics of each community affected by a 
                facility listed or proposed for listing on the National 
                Priorities List; and
                  ``(F) the risk presented by each such facility.
          ``(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 necessary improvements or modifications to address 
        any deficiencies identified by the study prepared under this 
        section.''.

SEC. 207. DEFINITIONS.

  Section 117 (42 U.S.C. 9617) is further amended by adding at the end 
the following:
  ``(h) Definitions.--In this section, the following definitions apply:
          ``(1) Covered facility.--The term `covered facility' means a 
        facility that has been listed or proposed for listing on the 
        National Priorities List.
          ``(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 a 
        release or threatened release of a hazardous substance, 
        pollutant, or contaminant at a covered facility.''.

                        Subtitle B--Human Health

SEC. 221. PUBLIC HEALTH AUTHORITIES.

  (a) Disease Registry and Medical Care Providers.--Section 104(i)(1) 
(42 U.S.C. 9604(i)(1)) is amended--
          (1) by striking subparagraph (A) and inserting the following:
          ``(A) in cooperation with the States, for scientific purposes 
        and public health purposes, establish and maintain a national 
        registry of persons exposed to toxic substances;''; and
          (2) by striking the last sentence and inserting the 
        following:
        ``In cases of public health emergencies, exposed persons shall 
        be eligible for referral to licensed or accredited health care 
        providers.''.
  (b) Substance Profiles.--Section 104(i)(3) (42 U.S.C. 9604(i)(3)) is 
amended--
          (1) by inserting ``(A)'' after ``(3)'';
          (2) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively; and
          (3) by striking ``Any toxicological profile or revision 
        thereof'' and all that follows through ``parties.'' and 
        inserting 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 list but which have been 
found at facilities for which there has been a response action under 
this Act 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 and shall 
be provided to the States, including State health departments, tribal 
health officials, and local health departments, and made available to 
other interested parties.''.
  (c) Determining Health Effects.--Section 104(i)(5)(A) (42 U.S.C. 
9604(i)(5)(A)) is amended--
          (1) by striking ``designed to determine the health effects 
        (and techniques for development of methods to determine such 
        health effects) of such substance.'' and inserting ``conducted 
        directly or by means such as cooperative agreements and grants 
        with appropriate public and nonprofit institutions. The 
        research shall be designed to determine the health effects of 
        the substance and techniques for development of methods to 
        determine such health effects.'';
          (2) by redesignating clause (iv) as clause (v);
          (3) by striking ``and'' at the end of clause (iii); and
          (4) by inserting after clause (iii) the following:
          ``(iv) laboratory and other studies to develop innovative 
        techniques for predicting organ-specific, site-specific, and 
        system-specific acute and chronic toxicity; and''.
  (d) Public Health at NPL Facilities.--
          (1) Preliminary public health assessments.--Section 104(i)(6) 
        (42 U.S.C. 9604(i)(6)) is amended by striking ``(6)(A)'' and 
        all that follows through the period at the end of subparagraph 
        (A) and inserting the following:
  ``(6)(A)(i) The Administrator of ATSDR shall perform a preliminary 
public health assessment or health consultation for each facility on 
the National Priorities List, including those facilities owned by any 
department, agency, or instrumentality of the United States, and those 
sites that are the subject of a petition under subparagraph (B). The 
preliminary public health assessment or health consultation shall be 
commenced as soon as practicable after each facility is proposed for 
inclusion on the National Priorities List or the Administrator of ATSDR 
accepts a petition for a public health assessment. If the Administrator 
of ATSDR, in consultation with local public health officials, 
determines that the results of a preliminary public health assessment 
or health consultation indicate the need for a public health 
assessment, the Administrator of the ATSDR shall conduct the public 
health assessment of those sites posing a health hazard. The results of 
the public health assessment should be considered in selecting the 
remedial action for the facility.
  ``(ii) The Administrator of ATSDR, in cooperation with States, shall 
design public health assessments that take into account the needs and 
conditions of the affected community.
  ``(iii) The Administrator of EPA shall place highest priority on 
facilities with releases of hazardous substances which result in actual 
ongoing human exposures at levels of public health concern or adverse 
health effects as identified in a public health assessment conducted by 
the Administrator of ATSDR or are reasonably anticipated based on 
currently known facts.''.
          (2) Strategies for obtaining data; community involvement.--
        Section 104(i)(6)(D) (42 U.S.C. 9604(i)(6)(D)) is amended--
                  (A) by inserting ``(i)'' after ``(D)''; and
                  (B) by adding at the end the following:
  ``(ii) The President and the Administrator of ATSDR shall develop 
strategies to obtain relevant on-site and off-site characterization 
data for use in the public health assessment. The President shall, to 
the maximum extent practicable, provide the Administrator of ATSDR with 
the data and information necessary to make public health assessments 
sufficiently prior to the choice of remedial actions to allow the 
Administrator of ATSDR to complete these assessments.
  ``(iii) Where appropriate, the Administrator of ATSDR shall provide 
to the President as soon as practicable after site discovery, 
recommendations for sampling environmental media for hazardous 
substances of public health concern. To the extent feasible, the 
President shall incorporate such recommendations into the President's 
site investigation activities.
  ``(iv) In order to improve community involvement in public health 
assessments, the Administrator of ATSDR shall carry out each of the 
following duties:
          ``(I) Collect from community advisory groups, from State and 
        local public health authorities, and from other sources in 
        communities affected or potentially affected by releases of 
        hazardous substances data regarding exposure, relevant human 
        activities, and other factors.
          ``(II) Design public health assessments that take into 
        account the needs and conditions of the affected community. 
        Community-based research models, local expertise, and local 
        health resources should be used in designing the public health 
        assessment. In developing such designs, emphasis shall be 
        placed on collection of actual exposure data, and sources of 
        multiple exposure shall be considered.''.
          (3) Conforming amendments.--Section 104(i) (42 U.S.C. 
        9604(i)) is amended by inserting ``public'' before ``health 
        assessment'' each place it appears and before ``health 
        assessments'' each place it appears.
  (e) Health Studies.--Section 104(i)(7) (42 U.S.C. 9604(i)(7)) is 
amended by striking ``(7)(A)'' and all that follows through the period 
at the end of subparagraph (A) and inserting the following:
  ``(7)(A) Whenever in the judgment of the Administrator of ATSDR it is 
appropriate on the basis of the results of a public health assessment 
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.''.
  (f) Distribution of Materials to Health Professionals and Medical 
Centers.--Section 104(i)(14) (42 U.S.C. 9604(i)(14)) is amended to read 
as follows:
          ``(14) Educational materials.--In implementing this 
        subsection and other health-related provisions of this Act the 
        Administrator of ATSDR, in cooperation with the States, shall--
                  ``(A) assemble, develop as necessary, and distribute 
                to the State and local health officials, tribes, 
                medical colleges, physicians, nursing institutions, 
                nurses, and other health professionals and medical 
                centers appropriate educational materials (including 
                short courses) on the medical surveillance, screening, 
                and methods of prevention, diagnosis, and treatment of 
                injury or disease related to exposure to hazardous 
                substances (giving priority to those listed under 
                paragraph (2)) through means the Administrator of ATSDR 
                considers appropriate; and
                  ``(B) 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.''.
  (g) Grants, Contracts, and Community Assistance Activities.--Section 
104(i)(15) (42 U.S.C. 9604(i)(15)) is amended--
          (1) by striking ``(15)'' and inserting the following:
          ``(15) Grants, contracts, and community assistance.--(A)'';
          (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), other 
        appropriate public authorities, public or private institutions, 
        colleges, universities, and professional associations'';
          (3) by aligning the text of subparagraph (A) (as designated 
        by paragraph (1) of this subsection) accordingly; and
          (4) by adding at the end the following:
          ``(B) When a public health assessment is conducted at a 
        facility on the National Priorities List, or a facility is 
        being evaluated for inclusion on the National Priorities List, 
        the Administrator of ATSDR may provide the assistance specified 
        in this paragraph to public or private nonprofit entities, 
        individuals, and community-based groups that may be affected by 
        the release or threatened release of hazardous substances in 
        the environment.
          ``(C) The Administrator of ATSDR, pursuant to the grants, 
        cooperative agreements, and contracts referred to in this 
        paragraph, is authorized and directed to provide, where 
        appropriate, diagnostic services, health data registries and 
        preventative public health education to communities affected by 
        the release of hazardous substances.''.
  (h) Peer Review Committee.--Section 104(i) (42 U.S.C. 9604(i)) is 
amended by adding at the end the following:
          ``(19) Peer review committee.--The Administrator of ATSDR 
        shall establish an external peer review committee of qualified 
        health scientists who serve for fixed periods and meet 
        periodically to--
                  ``(A) provide guidance on initiation of studies;
                  ``(B) assess the quality of study reports funded by 
                the agency; and
                  ``(C) provide guidance on effective and objective 
                risk characterization and communication.
        The peer review committee may include additional specific 
        experts representing a balanced group of stakeholders on an ad 
        hoc basis for specific issues. Meetings of the committee should 
        be open to the public.''.
  (i) Conforming Amendments.--Section 104(i) is further amended--
          (1) in paragraph (16) by inserting ``Personnel.--'' after 
        ``(16)'';
          (2) in paragraph (17) by inserting ``Authorities.--'' after 
        ``(17)'';
          (3) in paragraph (18) by inserting ``Pollutants and 
        contaminants.--'' after ``(18)''; and
          (4) by moving paragraphs (16), (17), and (18) 2 ems to the 
        right.

SEC. 222. INDIAN HEALTH PROVISIONS.

  Section 104(i) (42 U.S.C. 9604(i)) is further amended--
          (1) in paragraph (1) by inserting ``the Director of the 
        Indian Health Service,'' after ``the Secretary of 
        Transportation,'';
          (2) in paragraph (5)(A) by inserting ``and the Director of 
        the Indian Health Service'' after ``EPA'';
          (3) in paragraph (6)(C) by inserting ``where low population 
        density is not used as an excluding risk factor'' after 
        ``health appears highest'';
          (4) by adding at the end of paragraph (6)(E) the following: 
        ``If the Administrator of ATSDR or the Administrator of EPA 
        does not act on the recommendations of the State, the 
        Administrator of ATSDR or EPA must respond in writing to the 
        State or tribe as to why the Administrator of ATSDR or EPA has 
        not acted on the recommendations.'';
          (5) in paragraph (6)(F)--
                  (A) by striking ``and'' after ``emissions,''; and
                  (B) by inserting ``, and any other pathways resulting 
                from subsistence activities'' after ``food chain 
                contamination''; and
          (6) by striking the period at the end of paragraph (6)(G) and 
        inserting the following: ``, and may 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.''.

SEC. 223. HAZARD RANKING SYSTEM.

  Section 105(c) (42 U.S.C. 9605(c)) is amended by adding at the end 
the following:
          ``(5) Risk prioritization.--In setting priorities under 
        subsection (a)(8), the President shall place highest priority 
        on facilities with releases of hazardous substances which 
        result in actual ongoing human exposures at levels of public 
        health concern or demonstrated adverse health effects as 
        identified in a public health assessment conducted by the 
        Agency for Toxic Substances and Disease Registry or are 
        reasonably anticipated based on currently known facts.
          ``(6) Prior response action.--Any evaluation under this 
        section shall take into account all prior response actions 
        taken at a facility.''.

SEC. 224. FACILITY SCORING.

  Section 105 (42 U.S.C. 9605) is amended by adding at the end the 
following:
  ``(i) Facility Scoring.--The Administrator shall evaluate areas, such 
as Indian reservations or poor rural or urban 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 National Priorities List listing and scoring 
and shall be evaluated for listing within 2 years after the date of 
enactment of this subsection.''.

                      TITLE III--LIABILITY REFORM

SEC. 301. AMENDMENTS TO SECTION 106.

  (a) Sufficient Cause.--Section 106(b)(1) (42 U.S.C. 9606(b)(1)) is 
amended--
          (1) by inserting ``(A)'' after ``(b)(1)'';
          (2) by striking ``to enforce such order'';
          (3) by inserting before the period ``or be required to comply 
        with such order, or both, even if another person has complied, 
        or is complying, with the terms of the same order or another 
        order pertaining to the same facility and release or threatened 
        release''; and
          (4) by adding at the end the following:
  ``(B) For purposes of this subsection and section 107(c)(3), a 
`sufficient cause' includes an objectively reasonable belief by the 
person to whom the order is issued that--
          ``(i) the person is not liable for any response costs under 
        section 107; or
          ``(ii) that the action to be performed pursuant to the order 
        is inconsistent with the national contingency plan.''.
  (b) Limitation on Liable Parties.--Section 106 is amended by adding 
at the end the following:
  ``(d) Limitation on Liable Parties.--No Federal agency or department 
with authority to use the imminent hazard, enforcement, and emergency 
response authorities under this section may use such authorities with 
respect to a release or threatened release for which the agency or 
department is a responsible party under section 107.''

SEC. 302. INNOCENT PARTIES.

  (a) Liability Relief for Innocent Parties.--Section 107(b) (42 U.S.C. 
9607(b)) is amended to read as follows:
  ``(b) Defenses to Liability.--
          ``(1) In general.--There shall be no liability under 
        subsection (a) for a person otherwise liable who can establish 
        by a preponderance of the evidence that the release or threat 
        of release of a hazardous substance and the damages resulting 
        therefrom were caused solely by--
                  ``(A) an act of God;
                  ``(B) an act of war;
                  ``(C) an act or omission of a third party other than 
                an employee or agent of the defendant, or other than 
                one whose act or omission occurs in connection with a 
                contractual relationship, existing directly or 
                indirectly, with the defendant (except where the sole 
                contractual arrangement arises exclusively from a 
                contract for carriage by a common carrier by rail), if 
                the defendant establishes by a preponderance of the 
                evidence that (i) the defendant exercised due care with 
                respect to the hazardous substance concerned, taking 
                into consideration the characteristics of such 
                hazardous substance, in light of all relevant facts, 
                circumstances, and generally accepted good commercial 
                and customary standards and practices at the time of 
                the defendant's acts or omissions, and (ii) the 
                defendant took precautions against foreseeable acts or 
                omissions of any such third party and the consequences 
                that could foreseeably result from such acts or 
                omissions; or
                  ``(D) any combination of acts or omissions described 
                in subparagraphs (A), (B), and (C).
          ``(2) Liability relief for innocent parties.--
                  ``(A) Owners or operators.--
                          ``(i) In general.--There shall be no 
                        liability under subsection (a) for a person 
                        whose liability is based solely on the person's 
                        status as an owner or operator of a facility or 
                        vessel and who can establish by a preponderance 
                        of the evidence that--
                                  ``(I) the person acquired the 
                                facility or vessel after the disposal 
                                or placement of the hazardous 
                                substances for which liability is 
                                alleged under subsection (a);
                                  ``(II) the person did not, by any act 
                                or omission, cause or contribute to the 
                                release or threatened release of such 
                                hazardous substances; and
                                  ``(III) the person exercised 
                                appropriate care with respect to such 
                                hazardous substances.
                          ``(ii) Special rule for property acquired 
                        after date of enactment of cercla.--In addition 
                        to the requirements of clause (i), a person who 
                        acquired ownership of a facility or vessel 
                        after December 11, 1980, must establish by a 
                        preponderance of the evidence that the person, 
                        prior to such acquisition, made all appropriate 
                        inquiry into the previous ownership and uses of 
                        the facility or vessel in accordance with the 
                        generally accepted commercial and customary 
                        standards and practices of the time of 
                        acquisition.
                          ``(iii) Special rule for property acquired 
                        before march 25, 1999.--In addition to the 
                        requirements of clauses (i) and (ii), a person 
                        who acquired a facility or vessel before March 
                        25, 1999, must establish by a preponderance of 
                        the evidence that, at the time the person 
                        acquired the facility or vessel, the person did 
                        not know and had no reason to know that any 
                        hazardous substance which is the subject of a 
                        release or threatened release was disposed of 
                        on, in, or at the facility or vessel. This 
                        clause shall not apply to any person who 
                        expanded, developed, or redeveloped a 
                        commercial or industrial facility, 
                        notwithstanding the presence or potential 
                        presence of hazardous substances, under a 
                        Federal, State, or local program for the 
                        redevelopment of property that is or may be 
                        contaminated by hazardous substances.
                  ``(B) Recipients of property by inheritance or 
                bequest.--There shall be no liability under subsection 
                (a) for a person whose liability is based solely on the 
                person's status as an owner or operator of a facility 
                or vessel and who can establish by a preponderance of 
                the evidence that the person meets the requirements of 
                subparagraph (A)(i) and that the person acquired the 
                property by inheritance or bequest.
                  ``(C) Recipients of property by charitable 
                donation.--Liability under subsection (a) shall be 
                limited to the lesser of the fair market value of the 
                facility or vessel and the actual proceeds of the sale 
                of the facility for a person whose liability is based 
                solely on the person's status as an owner or operator 
                of the facility or vessel and who can establish by a 
                preponderance of the evidence that the person meets the 
                requirements of subparagraph (A)(i) and that the person 
                holding title, either outright or in trust, to the 
                vessel or facility is an organization described in 
                section 501(c)(3) of the Internal Revenue Code of 1986 
                and exempt from tax under section 501(a) of such Code 
                and holds such title as a result of a charitable 
                donation that qualifies under section 170, 2055, or 
                2522 of such Code.
                  ``(D) Governmental entities.--There shall be no 
                liability under subsection (a) for a person that is a 
                governmental entity, that meets the requirements of 
                subparagraph (A)(i), and that acquired a facility or 
                vessel by escheat or through any other involuntary 
                transfer or by acquisition through the exercise of 
                eminent domain authority if the person's liability is 
                based solely on--
                          ``(i) the person's status as an owner or 
                        operator of the facility or vessel; or
                          ``(ii) the granting of a license or permit to 
                        conduct business.
                  ``(E) Owners and operators of sewage treatment 
                works.--There shall be no liability under subsection 
                (a) for a person who is an owner or operator of a 
                treatment works (as defined in section 212(2) of the 
                Federal Water Pollution Control Act) that is publicly 
                or federally owned or that, without regard to 
                ownership, would be considered a publicly owned 
                treatment works and is principally treating municipal 
                waste water or domestic sewage and who can establish by 
                a preponderance of the evidence that--
                          ``(i) the treatment works, at the time of the 
                        release or threatened release, was subject to 
                        and in compliance with substantive requirements 
                        for pretreatment under section 307 of the 
                        Federal Water Pollution Control Act applicable 
                        to the hazardous substances, pollutants, and 
                        contaminants that are the subject of the 
                        response action; and
                          ``(ii) the release or threatened release was 
                        not caused by a failure to properly operate and 
                        maintain the treatment works or by conduct that 
                        constitutes gross negligence or intentional 
                        misconduct.
                  ``(F) Owners or operators of rights-of-way.--There 
                shall be no liability under subsection (a) for a person 
                whose liability is based solely on ownership or 
                operation 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 if such person can 
                establish by a preponderance of the evidence that the 
                person did not, by any act or omission, cause or 
                contribute to the release or threatened release.
                  ``(G) Railroad owners or operators of spur track.--
                There shall be no liability under subsection (a) for a 
                person whose liability is based solely on the status of 
                the person as a railroad owner or railroad 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 railroad 
                owner or operator if the railroad owner or operator can 
                establish by a preponderance of the evidence that--
                          ``(i) the spur track provides access to a 
                        main line or branch line track that is owned or 
                        operated by the railroad owner or operator;
                          ``(ii) the spur track is 10 miles long or 
                        less; and
                          ``(iii) the railroad owner or operator did 
                        not cause or contribute to a release or 
                        threatened release of the hazardous substances 
                        for which liability is alleged under subsection 
                        (a).
                  ``(H) Construction contractors.--There shall be no 
                liability under subsection (a) for a person who is a 
                construction contractor (other than a response action 
                contractor covered by section 119) if such person can 
                establish by a preponderance of the evidence that--
                          ``(i) the person's liability is based solely 
                        on construction activities that were 
                        specifically directed by and carried out in 
                        accordance with a contract with an owner or 
                        operator of the facility;
                          ``(ii) the person did not know or have reason 
                        to know of the presence of hazardous substances 
                        at the facility concerned before beginning 
                        construction activities; and
                          ``(iii) the person exercised appropriate care 
                        with respect to the hazardous substances 
                        discovered in the course of performing the 
                        construction activity, including precautions 
                        against foreseeable acts of third parties, 
                        taking into consideration the characteristics 
                        of such hazardous substances, in light of all 
                        relevant facts, circumstances, and generally 
                        accepted good commercial and customary 
                        standards and practices at the time of the 
                        person's acts or omissions.
          ``(3) Appropriate care.--
                  ``(A) Site-specific basis.--The determination whether 
                or not a person has exercised appropriate care with 
                respect to hazardous substances within the meaning of 
                paragraph (2)(A)(i)(III) shall be made on a site-
                specific basis taking into consideration the 
                characteristics of the hazardous substances, in light 
                of all relevant facts, circumstances, and generally 
                accepted good commercial and customary standards and 
                practices at the time of the defendant's acts or 
                omissions.
                  ``(B) Safe harbor.--A person shall be deemed to have 
                exercised appropriate care within the meaning of 
                paragraph (2)(A)(i)(III) if--
                          ``(i) the person took reasonable steps to 
                        stop any continuing release, prevent any 
                        threatened future release, and prevent or limit 
                        human or natural resource exposure to any 
                        previously released hazardous substance, or
                          ``(ii) in any case in which the release or 
                        threatened release of hazardous substances is 
                        the subject of a response action by persons 
                        authorized to conduct the response action at 
                        the facility or vessel, the person provides 
                        access for and all reasonable cooperation with 
                        the response action.
          ``(4) All appropriate inquiry.--
                  ``(A) Site-specific basis.--The determination whether 
                or not a person has made all appropriate inquiry into 
                the previous ownership and uses of a facility or vessel 
                within the meaning of paragraph (2)(A)(ii) shall be 
                made on a site-specific basis taking into account any 
                specialized knowledge or experience on the part of the 
                person, the relationship of the purchase price to the 
                value of the property if contaminated, commonly known 
                or reasonably ascertainable information about the 
                property, the obviousness of the presence or likely 
                presence of contamination at the property, and the 
                ability to detect such contamination by appropriate 
                inspection.
                  ``(B) ASTM safe harbor.--A person who has acquired 
                real property shall be deemed to have made all 
                appropriate inquiry within the meaning of paragraph 
                (2)(A)(ii) if the person--
                          ``(i) establishes that an environmental 
                        assessment has been conducted in accordance 
                        with the standards set forth in the American 
                        Society for Testing and Materials Standards 
                        E1527-94, entitled `Standard Practice for 
                        Environmental Site Assessments: Phase I 
                        Environmental Site Assessment Process' or with 
                        alternative standards issued by rule by the 
                        Administrator or promulgated or developed by 
                        others and designated by rule by the 
                        Administrator; and
                          ``(ii) maintains a compilation of the 
                        information reviewed and gathered in the course 
                        of the environmental site assessment.
                  ``(C) Governmental review safe harbor.--A person who 
                has acquired real property shall be deemed to have made 
                all appropriate inquiry within the meaning of paragraph 
                (2)(A)(ii) if, prior to such acquisition, the person 
                reviewed a final determination by a State or Federal 
                environmental or health agency with jurisdiction over 
                response actions at a facility that no further response 
                action was planned at the facility based on the level 
                of risk to human health and the environment.
          ``(5) Limitations.--No defense shall be available to any of 
        the following:
                  ``(A) A person who obtained actual knowledge of a 
                release or threat of release of a hazardous substance 
                at a facility when such person owned the real property 
                and subsequently transferred ownership of the property 
                to another person without disclosing such knowledge.
                  ``(B) A person who knowingly and willfully impedes 
                the performance of a response action or natural 
                resource restoration at a facility.
                  ``(C) A person who did not provide all legally 
                required notices with respect to the discovery or 
                release of any hazardous substances at a facility.
                  ``(D) A person (other than a person described in 
                paragraph (2)(B)) who is affiliated with any other 
                person liable for response costs at a 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 or by a contract 
                for the sale of goods or services.
          ``(6) Windfall liens.--
                  ``(A) In general.--In any case in which there are 
                unrecovered response costs incurred by the United 
                States at a facility for which an owner of the facility 
                is not liable by reason of paragraph (2), and the 
                conditions described in subparagraph (C) are met, the 
                United States shall have a lien upon such facility for 
                such unrecovered costs.
                  ``(B) Special rules.--A lien under this paragraph--
                          ``(i) shall not 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;
                          ``(ii) shall arise at the time costs are 
                        first incurred by the United States with 
                        respect to a response action at the facility;
                          ``(iii) shall be subject to the requirements 
                        for notice and validity established by 
                        subsection (l)(3);
                          ``(iv) shall continue until the earlier of 
                        satisfaction of the lien or recovery of all 
                        response costs incurred at the facility; and
                          ``(v) shall not arise against a recipient of 
                        a grant under section 127(b) or 127(c) with 
                        respect to such grant.
                  ``(C) Conditions.--The conditions referred to in 
                subparagraph (A) are the following:
                          ``(i) A response action for which there are 
                        unrecovered costs is carried out at the 
                        facility.
                          ``(ii) The United States has made reasonable 
                        efforts to recover such unrecovered response 
                        costs from parties liable under this section.
                          ``(iii) Such response action increases the 
                        fair market value of the facility above the 
                        fair market value of the facility that existed 
                        in the 6-month period preceding the date that 
                        response action began.
                  ``(D) Limitations.--No lien under this paragraph 
                shall arise--
                          ``(i) with respect to property for which the 
                        property owner preceding the current owner is 
                        not a liable party or has resolved its 
                        liability under this Act; or
                          ``(ii) in any case in which an environmental 
                        assessment gave the owner or operator no reason 
                        to know of the release of hazardous 
                        substances.''.
  (b) Rendering Care or Advice.--
          (1) State, tribal, and local governments.--Section 107(d)(2) 
        (42 U.S.C. 9607(d)(2)) is amended to read as follows:
          ``(2) State, tribal, and local governments.--
                  ``(A) In general.--No State, tribal, or local 
                government, including a municipality or other political 
                subdivision of a State, shall be liable under this 
                title for costs or damages as a result of--
                          ``(i) actions taken in response to an 
                        emergency created by the release or threatened 
                        release of a hazardous substance generated by 
                        or from a facility owned by another person; or
                          ``(ii) actions to improve water quality 
                        protection at an abandoned mine site and 
                        adjacent lands that are owned by a person other 
                        than the State, tribal, or local government if 
                        such actions are taken in accordance with a 
                        response action approved under applicable State 
                        or Federal law.
                  ``(B) Limitation on statutory construction.--This 
                paragraph shall not be construed to preclude liability 
                for costs or damages as a result of gross negligence or 
                intentional misconduct by a governmental entity 
                referred to in subparagraph (A). For the purpose of the 
                preceding sentence, reckless, willful, or wanton 
                misconduct shall constitute gross negligence.''.
          (2) Savings provision.--Section 107(d)(3) (42 U.S.C. 
        9607(d)(3)) is amended by striking ``This'' and inserting 
        ``Except with respect to costs and damages referred to in 
        paragraphs (1) and (2)(A), this''.
  (c) Clarification of Liability for Contiguous Property Owners.--
Section 101(20) (42 U.S.C. 9601(20)) is amended by adding at the end 
the following:
          ``(H) Contiguous property owner.--The term `owner or 
        operator' does not include a person who owns or operates real 
        property that is contiguous to, or onto which a release has 
        migrated from, a facility under separate ownership or operation 
        from which there is a release or threatened release of a 
        hazardous substance if--
                  ``(i) the person did not, by any act or omission, 
                cause or contribute to the release or threatened 
                release of a hazardous substance; and
                  ``(ii) the person is not affiliated with any other 
                person that is potentially liable for any response 
                costs at the facility at which there has been a release 
                or threatened release of a hazardous substance.''.
  (d) Conforming Amendments.--Section 101 (42 U.S.C. 9601) is amended 
by striking paragraph (35).

SEC. 303. STATUTORY CONSTRUCTION.

  Section 107(f) (42 U.S.C. 9607(f)) is amended--
          (1) by inserting ``Special Rules for Natural Resources.--'' 
        after ``(f)'';
          (2) by indenting paragraph (1) and aligning it with paragraph 
        (2) of such section; and
          (3) by adding at the end the following:
          ``(3) Unitary executive.--In any judicial action brought 
        under this Act by the United States seeking recovery for 
        damages to natural resources, any brief or motion addressing 
        the interpretation and construction of this subsection filed by 
        the United States in any other judicial action seeking recovery 
        from the United States for damages to natural resources under 
        this Act shall be admissible in the action brought by the 
        United States.''.

SEC. 304. LIVESTOCK TREATMENT.

  Section 107(i) (42 U.S.C. 9607(i)) is amended--
          (1) by inserting ``Limitation on Liability for Application of 
        Pesticide Products.--'' after ``(i)'';
          (2) by striking ``No person'' and inserting ``(1) In 
        general.--No person'';
          (3) by adding at the end the following:
          ``(2) Application in compliance with law.--For the purposes 
        of paragraph (1), the term `application of a pesticide product 
        registered under the Federal Insecticide, Fungicide, and 
        Rodenticide Act' includes a release of a hazardous substance 
        resulting from the application, before the date of enactment of 
        this paragraph, of any pesticide, insecticide, or similar 
        product in compliance with a Federal or State law (including a 
        regulation) requiring the treatment of livestock to prevent, 
        suppress, control, or eradicate any dangerous, contagious, or 
        infectious disease or any vector organism for such disease.''; 
        and
          (4) by indenting and aligning paragraph (1) (as designated by 
        paragraph (2) of this section) with paragraph (2) (as added by 
        paragraph (3) of this section).

SEC. 305. LIABILITY RELIEF FOR SMALL BUSINESSES, MUNICIPAL SOLID WASTE, 
                    SEWAGE SLUDGE, MUNICIPAL OWNERS AND OPERATORS, AND 
                    DE MICROMIS CONTRIBUTORS.

  (a) Limitation on Liability for Small Businesses.--Section 107 (42 
U.S.C. 9607) is amended by adding at the end the following:
  ``(o) Limitation on Liability for Small Businesses.--
          ``(1) In general.--With respect to actions taken before March 
        25, 1999, no small business concern shall be liable under 
        subsection (a)(3) or (a)(4) for response costs or damages at a 
        facility or vessel on the National Priorities List.
          ``(2) Limitation.--Paragraph (1) shall not apply to an action 
        brought by the President against a small business concern if 
        the hazardous substances attributable to the small business 
        concern have contributed, or contribute, significantly to the 
        costs of the response action at the facility.
          ``(3) Small business concern defined.--In this subsection, 
        the term `small business concern' means a business entity that 
        on average over the previous 3 years preceding the date of 
        notification by the President that the business entity is a 
        potentially responsible party--
                  ``(A) has no more than 75 full-time employees or the 
                equivalent thereof; and
                  ``(B) has $3,000,000 or less in gross revenues.''.
  (b) Liability Relief for Municipal Solid Waste and Sewage Sludge.--
Section 107 is further amended by adding at the end the following:
  ``(p) Liability Exemptions and Limitations for Municipal Solid Waste 
and Sewage Sludge.--
          ``(1) Pre-enactment activities.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), no person shall be liable under subsection (a)(3) 
                or (a)(4) for response costs or damages at a landfill 
                facility on the National Priorities List to the extent 
                that the person arranged or transported municipal solid 
                waste or municipal sewage sludge prior to the date of 
                enactment of this paragraph for disposal at the 
                landfill facility.
                  ``(B) Exception.--Notwithstanding subparagraph (A), 
                if the President determines that a person transported 
                material containing hazardous substances to a landfill 
                facility that has contributed, or contributes, 
                significantly to the costs of response at the facility 
                and such person is engaged in the business of 
                transporting waste materials, such person may be liable 
                under subsection (a)(4). The liability of such person 
                shall be subject to the aggregate limits on liability 
                for municipal solid waste set forth in paragraph (2). 
                Any determination of such person's equitable share of 
                response costs shall be determined on the basis of such 
                person's equitable share of the aggregate amount of 
                response costs attributable to municipal solid waste 
                and municipal sewage sludge under paragraph (2).
          ``(2) Post-enactment activities.--
                  ``(A) In general.--To the extent that a person or 
                group of persons is liable under subsection (a)(3) or 
                (a)(4) for arranging or transporting municipal solid 
                waste or municipal sewage sludge for disposal at a 
                landfill facility on the National Priorities List on or 
                after the date of enactment of this paragraph and is 
                not exempt from liability under paragraph (3), the 
                total aggregate liability for all such persons or 
                groups of persons for response costs at such a landfill 
                facility shall not exceed 10 percent of such costs. 
                With respect to actions taken on or after the date that 
                is 36 months after the date of enactment of this 
                paragraph this limitation on liability shall apply only 
                at a landfill facility within a municipality that has 
                instituted or participates in a qualified household 
                hazardous waste collection program.
                  ``(B) Expedited settlements.--The President may offer 
                a person subject to a limitation on liability under 
                subparagraph (A) an expedited settlement based on the 
                average unit cost of remediating municipal solid waste 
                and municipal sewage sludge in landfills in lieu of the 
                aggregate 10 percent limitation on liability provided 
                by subparagraph (A).
          ``(3) Special Rule.--No person shall be liable under 
        subsection (a)(3) or (a)(4) for response costs or damages at a 
        landfill facility on the National Priorities List to the extent 
        that--
                  ``(A) the materials that the person arranged or 
                transported for disposal consist of municipal solid 
                waste; and
                  ``(B) the person is--
                          ``(i) an owner, operator, or lessee of 
                        residential property from which all of the 
                        person's municipal solid waste was generated 
                        with respect to the facility;
                          ``(ii) a business entity that employs 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.) from which was 
                        generated all of the entity's municipal solid 
                        waste with respect to the facility; or
                          ``(iii) an organization described in section 
                        501(c)(3) of the Internal Revenue Code of 1986 
                        and exempt from tax under section 501(a) of 
                        such Code if such organization employs no more 
                        than 100 paid individuals at the location from 
                        which was generated all of the municipal solid 
                        waste attributable to the organization with 
                        respect to the facility.
          ``(4) Mixed Wastes.--Liability for wastes that do not fall 
        within the definition of municipal solid waste under paragraph 
        (5)(A) and are collected and disposed of with municipal solid 
        wastes and municipal sewage sludge shall be governed by section 
        107(a) and any applicable exemptions or limitations on 
        liability without regard to the wastes covered by paragraph 
        (5)(A).
          ``(5) Definitions.--In this section, the following 
        definitions apply:
                  ``(A) Municipal solid waste.--The term `municipal 
                solid waste' means waste materials generated by 
                households, including single and multifamily 
                residences, and hotels and motels, and waste materials 
                generated by commercial, institutional, and industrial 
                sources, to the extent that such materials (i) are 
                essentially the same as waste materials normally 
                generated by households, or (ii) are collected and 
                disposed of with other municipal solid waste, and 
                contain hazardous substances that would qualify for the 
                de micromis exemption under section 107(r). The term 
                includes food and yard waste, paper, clothing, 
                appliances, consumer product packaging, disposable 
                diapers, office supplies, cosmetics, glass and metal 
                food containers, wooden pallets, cardboard, 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; solid waste from 
                the extraction, beneficiation, and processing of ores 
                and minerals; or waste from manufacturing or processing 
                operations (including pollution control) that is not 
                essentially the same as waste normally generated by 
                households.
                  ``(B) Municipal sewage sludge.--The term `municipal 
                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 
                (i) a publicly owned treatment works, (ii) a federally 
                owned treatment works, or (iii) a treatment works that, 
                without regard to ownership, would be considered to be 
                a publicly owned treatment works and is principally 
                treating municipal waste water or domestic sewage.
                  ``(C) 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 semiannual collection of household 
                hazardous waste at accessible, well-publicized 
                collection points within the relevant jurisdiction.
  ``(q) Limitation on Liability for Municipal Owners and Operators.--
          ``(1) Aggregate liability of small municipalities.--With 
        respect to a facility that received municipal solid waste, that 
        was proposed for listing on the National Priorities List before 
        March 25, 1999, that is or was owned or operated by 
        municipalities with a population of less than 100,000 according 
        to the 1990 census, and that is not subject to the criteria for 
        solid waste landfills published under subtitle D of the Solid 
        Waste Disposal Act (42 U.S.C. 6941 et seq.) at part 258 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation), the aggregate liability of such municipalities for 
        response costs incurred on or after March 25, 1999, shall be 
        the lesser of--
                  ``(A) 10 percent of the total amount of response 
                costs at the facility; or
                  ``(B) the costs of compliance with the requirements 
                of such subtitle for the facility (as if the facility 
                had continued to accept municipal solid waste through 
                January 1, 1997).
          ``(2) Aggregate liability of large municipalities.--With 
        respect to a facility that received municipal solid waste, that 
        was proposed for listing on the National Priorities List before 
        March 25, 1999, that is or was owned or operated by 
        municipalities with a population of 100,000 or more according 
        to the 1990 census, and that is not subject to the criteria for 
        solid waste landfills published under subtitle D of the Solid 
        Waste Disposal Act (42 U.S.C. 6941 et seq.) at part 258 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation), the aggregate liability of such municipalities for 
        response costs incurred on or after March 25, 1999, shall be 
        the lesser of--
                  ``(A) 20 percent of the total amount of response 
                costs at the facility; or
                  ``(B) the costs of compliance with the requirements 
                of such subtitle for the facility (as if the facility 
                had continued to accept municipal solid waste through 
                January 1, 1997).''.
  (c) De Micromis Exemption.--Section 107 is further amended by adding 
at the end the following:
  ``(r) De Micromis Exemption.--
          ``(1) In general.--In the case of a facility or vessel listed 
        on the National Priorities List, no person shall be liable 
        under subsection (a)(3) or (a)(4) if no more than 110 gallons 
        or 200 pounds of materials containing hazardous substances at 
        the facility or vessel is attributable to such person, and the 
        acts on which liability is based took place before the date of 
        enactment of this paragraph.
          ``(2) Exception.--Paragraph (1) shall not apply in a case in 
        which the President determines that the material described in 
        paragraph (1) has contributed, or contributes, significantly to 
        the costs of response at the facility.''.
  (d) Ineligibility for Exemptions or Limitations.--Section 107 is 
further amended by adding at the end the following:
  ``(s) Ineligibility for Exemptions or Limitations.--
          ``(1) Impeding response or restoration.--The exemptions and 
        limitations set forth in subsections (o), (p), (q), and (r) and 
        sections 114(c) and 130 shall not apply to any person with 
        respect to a facility if such person impedes the performance of 
        a response action or natural resource restoration at the 
        facility.
          ``(2) Failure to respond to information request.--The 
        exemptions and limitations set forth in subsections (o), (p), 
        (q), and (r) and sections 114(c) and 130 shall not apply to any 
        person who--
                  ``(A) willfully fails to submit a complete and timely 
                response to an information request under section 
                104(e); or
                  ``(B) knowingly makes any false or misleading 
                material statement or representation in any such 
                response.
          ``(3) Failure to provide cooperation and facility access.--
        The limitation set forth in subsection (q) shall not apply to 
        any owner or operator of a facility who does not provide all 
        reasonable cooperation and facility access to persons 
        authorized to conduct response actions at the facility.''.
  (e) Exempt Party Funding; Concluded Actions; Oversight Costs.--
Section 107 is further amended by adding at the end the following:
  ``(t) Exempt Party Funding.--
          ``(1) Exempt party funding.--Except as provided in paragraph 
        (2), the equitable share of liability under section 107(a) for 
        any release or threatened release of a hazardous substance from 
        a facility or vessel on the National Priorities List that is 
        extinguished through an exemption or limitation on liability 
        under subsection (o), (p), or (q) of this section, section 
        114(c), or section 130 shall be transferred to and assumed by 
        the Trust Fund.
          ``(2) Certain msw generators.--Paragraph (1) shall not apply 
        to the equitable share of liability of any person who would 
        have been liable under subsection (a)(3) or (a)(4) but for the 
        exemption from liability under subsection (p)(3).
          ``(3) Source of funds.--Payments made by the Trust Fund or 
        work performed on behalf of the Trust Fund to meet the 
        obligations under paragraph (1) shall be funded from amounts 
        made available by section 111(a)(1).
  ``(u) Effect on Concluded Actions.--The exemptions from and 
limitations on liability provided under subsections (o), (p), (q), and 
(r) and sections 114(c) and 130 shall not affect any settlement or 
judgment approved by a United States District Court not later than 30 
days after the date of enactment of this subsection or any 
administrative action against a person otherwise covered by such 
exemption or limitation that becomes effective not later than 30 days 
after such date of enactment.
  ``(v) Limitation on Recovery of Oversight Costs.--
          ``(1) In general.--Costs of oversight of a response action 
        shall not be recoverable under this section from a person 
        referred to in paragraph (2) to the extent that such costs 
        exceed 10 percent of the costs of the response action.
          ``(2) Accounting of response costs.--Paragraph (1) shall 
        apply only to a person who provides the Administrator with an 
        accounting of the direct and indirect costs that the person 
        incurred in conducting the response action. The Administrator 
        may require an independent audit of the costs from such 
        person.''.
  (f) Small Business Ombudsman.--The Administrator 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 exemptions to liability under section 107 of such 
        Act, the allocation process under section 131 of such Act, 
        requirements and procedures for expedited settlements pursuant 
        to section 122(g) of such Act, and de minimis status and 
        ability-to-pay procedures.
          (2) Provide general advice and assistance to small businesses 
        as to their questions and problems concerning liability and the 
        exemptions to liability under such Act and 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.

SEC. 306. AMENDMENTS TO SECTION 113.

  Section 113(f) (42 U.S.C. 9613(f)) is amended--
          (1) by adding at the end the following:
          ``(4) Limitations on contribution actions.--
                  ``(A) In general.--There shall be no right of 
                contribution under this subsection in any of the 
                following circumstances:
                          ``(i) The person asserting the right of 
                        contribution has waived the right in a 
                        settlement pursuant to this Act.
                          ``(ii) The person from whom contribution is 
                        sought is not liable under this Act.
                          ``(iii) The person from whom contribution is 
                        sought has entered into a settlement with the 
                        United States pursuant to section 122(g), with 
                        respect to matters addressed in that 
                        settlement.
                  ``(B) Attorneys' fees.--Any person who commences an 
                action for contribution shall be liable to the person 
                against whom the claim of contribution is brought for 
                all reasonable costs of defending against the claim, 
                including all reasonable attorneys' and expert witness 
                fees, if--
                          ``(i) the action is barred by subparagraph 
                        (A);
                          ``(ii) the action is brought against a person 
                        who is protected from such suits pursuant to 
                        section 113(f)(2) by reason of a settlement 
                        with the United States; or
                          ``(iii) the action is brought during the 
                        moratorium pursuant to section 131 (relating to 
                        allocation).''.

SEC. 307. LIABILITY OF RESPONSE ACTION CONTRACTORS.

  (a) Extension of Negligence Standard.--Subsection (a) of section 119 
(42 U.S.C. 9619(a)) is amended--
          (1) in paragraph (1) by striking ``title or under any other 
        Federal law'' and inserting ``title, under any other Federal 
        law, or under the law of any State or political subdivision of 
        a State'';
          (2) by adding at the end of paragraph (1) the following: 
        ``Notwithstanding the preceding sentence, this section shall 
        not apply in determining the liability of a response action 
        contractor under the law of any State or political subdivision 
        thereof if the State has enacted a law determining the 
        liability of a response action contractor.''; and
          (3) by adding at the end of paragraph (2) the following: 
        ``Such conduct shall be evaluated based on the generally 
        accepted standards and practices in effect at the time and 
        place that the conduct occurred.''.
  (b) Clarification of Liability.--Section 119(a) is amended by 
inserting after paragraph (4) the following:
          ``(5) Liability.--Notwithstanding any other provision of this 
        Act, any liability of a response action contractor under this 
        Act shall be determined solely in accordance with this 
        section.''.
  (c) Extension of Indemnification Authority.--Section 119(c) is 
amended by adding at the end of paragraph (1) the following: ``Any such 
agreement may apply to claims for negligence arising under Federal law 
or under the law of any State or political subdivision of a State.''.
  (d) Indemnification for Threatened Releases.--Section 119(c)(5) is 
amended in subparagraph (A) by inserting ``or threatened release'' 
after ``release'' each place it appears.
  (e) Extension of Coverage to All Response Actions.--Section 119(e)(1) 
is amended--
          (1) by striking ``carrying out an agreement under section 106 
        or 122''; and
          (2) by striking ``any remedial action under this Act at a 
        facility listed on the National Priorities List, or any removal 
        action under this Act,'' and inserting ``any response as 
        defined by section 101(25),''.
  (f) Limitation on Actions.--Section 119 is amended by adding at the 
end the following:
  ``(h) Limitation on Actions Against Response Action Contractors.--No 
action to recover for any injury to property, real or personal, or for 
bodily injury or wrongful death, or any other expenses or costs arising 
out of the performance of services under a response action contract, 
nor any action for contribution or indemnity for damages sustained as a 
result of such injury, shall be brought against any response action 
contractor more than 6 years after the completion of work at any site 
under such contract. Notwithstanding the preceding sentence, this 
section shall not--
          ``(1) bar recovery for a claim caused by the conduct of the 
        response action contractor that is grossly negligent or that 
        constitutes intentional misconduct;
          ``(2) affect any right of indemnification that such response 
        action contractor may have under this section or may acquire by 
        written agreement with any party; or
          ``(3) apply in any State or political subdivision thereof if 
        the State has enacted a statute of repose determining the 
        liability of a response action contractor.''.

SEC. 308. AMENDMENTS TO SECTION 122.

  (a) Administrative Settlements.--Section 122 (42 U.S.C. 9622) is 
amended by adding at the end the following:
  ``(n) Challenge to Cost Recovery Component of Settlement.--
Notwithstanding the limitations on review in section 113(h), and except 
as provided in subsection (g) of this section, a person whose potential 
claim for response costs or contribution is limited as a result of 
contribution protection afforded by an administrative settlement under 
this section may challenge the cost recovery component of such 
settlement. Such a challenge may be made only by filing a complaint 
against the Administrator in the United States District Court within 60 
days after such settlement becomes final. Venue shall lie in the 
district in which the principal office of the appropriate region of the 
Environmental Protection Agency is located. Any review of an 
administrative settlement shall be limited to the administrative 
record, and the settlement shall be upheld unless the objecting party 
can demonstrate on that record that the decision of the President to 
enter into the administrative settlement was arbitrary, capricious, or 
otherwise not in accordance with law.''.
  (b) Final Covenants.--Section 122(f) is amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(1) Final covenants.--The President shall offer potentially 
        responsible parties who enter into settlement agreements that 
        are in the public interest a final covenant not to sue 
        concerning any liability to the United States under this Act, 
        including a covenant with respect to future liability, for 
        response actions or response costs addressed in the settlement, 
        if all of the following conditions are met:
                  ``(A) The settling party agrees to perform, or there 
                are other adequate assurances of the performance of, a 
                final remedial action authorized by the Administrator 
                for the release or threat of release that is the 
                subject of the settlement.
                  ``(B) The settlement agreement has been reached prior 
                to the commencement of litigation against the settling 
                party under section 106 or 107 of this Act with respect 
                to this facility.
                  ``(C) The settling party waives all contribution 
                rights against other potentially responsible parties at 
                the facility.
                  ``(D) The settling party (other than a small 
                business) pays a premium that compensates for the risks 
                of remedy failure; future liability resulting from 
                unknown conditions; and unanticipated increases in the 
                cost of any uncompleted response action, unless the 
                settling party is performing the response action. The 
                President shall have sole discretion to determine the 
                appropriate amount of any such premium, and such 
                determinations are committed to the President's 
                discretion. The President has discretion to waive or 
                reduce the premium payment for persons who demonstrate 
                an inability to pay such a premium.
                  ``(E) The remedial action does not rely on 
                institutional controls to ensure continued protection 
                of human health and the environment.
                  ``(F) The settlement is otherwise acceptable to the 
                United States.'';
          (2) in paragraph (2) by striking ``remedial'' each place it 
        appears and inserting ``response'';
          (3) by striking paragraph (3) and inserting the following:
          ``(3) Discretionary covenants.--For settlements under this 
        Act for which covenants under paragraph (1) are not available, 
        the President may provide any person with a covenant not to sue 
        concerning any liability to the United States under this Act, 
        if the covenant not to sue is in the public interest. Such 
        covenants shall be subject to the requirements of paragraph 
        (5). The President may include any conditions in such covenant 
        not to sue, including the additional condition referred to in 
        paragraph (5). In determining whether such conditions or 
        covenants are in the public interest, the President shall 
        consider the nature and scope of the commitment by the settling 
        party under the settlement, the effectiveness and reliability 
        of the response action, the nature of the risks remaining at 
        the facility, the strength of evidence, the likelihood of cost 
        recovery, the reliability of any response action or actions to 
        restore, replace, or acquire the equivalent of injured natural 
        resources, the extent to which performance standards are 
        included in the order or decree, the extent to which the 
        technology used in the response action is demonstrated to be 
        effective, and any other factors relevant to the protection of 
        human health and the environment.'';
          (4) by striking paragraph (4) and redesignating paragraphs 
        (5) and (6) as paragraphs (4) and (5), respectively;
          (5) in subparagraph (A) of paragraph (5) (as so 
        redesignated)--
                  (A) by striking ``remedial'' and inserting 
                ``response'';
                  (B) by striking ``paragraph (2)'' in the first 
                sentence and inserting ``paragraph (1) or (2)'';
                  (C) by striking ``de minimis settlements'' and 
                inserting ``de minimis and other expedited settlements 
                pursuant to subsection (g) of this section''; and
                  (D) by striking ``the President certifies under 
                paragraph (3) that remedial action has been completed 
                at the facility concerned'' and inserting ``that the 
                response action that is the subject of the settlement 
                agreement is selected''; and
          (6) in subparagraph (B) of paragraph (5) (as so 
        redesignated)--
                  (A) by striking ``In extraordinary circumstances, 
                the'' and inserting ``The'';
                  (B) by striking ``those referred to in paragraph (4) 
                and'';
                  (C) by striking ``if other terms,'' and inserting ``, 
                if the agreement containing the covenant not to sue 
                provides for payment of a premium to address possible 
                remedy failure or any releases that may result from 
                unknown conditions, and if other terms,''; and
                  (D) by adding at the end the following: ``The 
                President may waive or reduce the premium payment for 
                persons who demonstrate an inability to pay such a 
                premium.''.
  (c) Expedited Final Settlements.--Section 122 is further amended--
          (1) in subsection (g) by striking ``(g)'' and all that 
        follows through the period at the end of paragraph (1) and 
        inserting the following:
  ``(g) Expedited Final Settlement.--
          ``(1) Parties eligible for expedited settlement.--The 
        President shall, as promptly as possible, offer to reach a 
        final administrative or judicial settlement with potentially 
        responsible parties who, in the judgment of the President, meet 
        the following conditions for eligibility for an expedited 
        settlement in subparagraph (A) or (B):
                  ``(A) The potentially responsible party's individual 
                contribution to the release of hazardous substances at 
                the facility as an owner or operator, arranger for 
                disposal, or transporter for disposal is de minimis. 
                The contribution of hazardous substance to a facility 
                by a potentially responsible party is de minimis if 
                both of the following conditions are met:
                          ``(i) The contribution of materials 
                        containing hazardous substances that the 
                        potentially responsible party arranged or 
                        transported for treatment or disposal, or that 
                        were treated or disposed during the potentially 
                        responsible party's period of ownership or 
                        operation of the facility, is minimal in 
                        comparison to the total volume of materials 
                        containing hazardous substances at the 
                        facility. Such individual contribution is 
                        presumed to be minimal if it is not more than 1 
                        percent of the total volume of such materials, 
                        unless the Administrator identifies a different 
                        threshold based on site-specific factors.
                          ``(ii) Such hazardous substances do not 
                        present toxic or other hazardous effects that 
                        are significantly greater than those of other 
                        hazardous substances at the facility.
                  ``(B)(i) The potentially responsible party is a 
                natural person, a small business, or a municipality and 
                can demonstrate to the United States an inability or 
                limited ability to pay response costs. A party who 
                enters into a settlement pursuant to this subparagraph 
                shall be deemed to have resolved its liability under 
                this Act to the United States for all matters addressed 
                in the settlement.
                  ``(ii) For purposes of this subparagraph, the 
                following provisions apply:
                          ``(I) In the case of a small business, the 
                        President shall take into consideration the 
                        ability to pay of the business, if requested by 
                        the business. The term `ability to pay' means 
                        the President's reasonable expectation of the 
                        ability of the small business to pay its total 
                        settlement amount and still maintain its basic 
                        business operations. Such consideration shall 
                        include the business's overall financial 
                        condition and demonstrable constraints on its 
                        ability to raise revenues.
                          ``(II) Any business requesting such 
                        consideration shall promptly provide the 
                        President with all relevant information needed 
                        to determine the business's ability to pay.
                          ``(III) If the President determines that a 
                        small business is unable to pay its total 
                        settlement amount immediately, the President 
                        shall consider alternative payment methods as 
                        may be necessary or appropriate. The methods to 
                        be considered may include installment payments 
                        to be paid during a period of not to exceed 10 
                        years and the provision of in-kind services.
                  ``(iii) Any municipality which is a potentially 
                responsible party may submit for consideration by the 
                President an evaluation of the potential impact of the 
                settlement on essential services that the municipality 
                must provide, 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, then the municipality may create a list of the 
                obligations, including an estimate of the costs of 
                complying with such obligations.
                  ``(iv) Any municipality which is a potentially 
                responsible party may establish an inability to pay 
                through an affirmative showing that such payment of its 
                liability under this Act would either--
                          ``(I) create a substantial demonstrable risk 
                        that the municipality would default on existing 
                        debt obligations, be forced into bankruptcy, be 
                        forced to dissolve, or be forced to make 
                        budgetary cutbacks that would substantially 
                        reduce current levels of protection of public 
                        health and safety; or
                          ``(II) necessitate a violation of legal 
                        requirements or limitations of general 
                        applicability concerning the assumption and 
                        maintenance of fiscal municipal obligations.
                  ``(v) This subparagraph does not 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.'';
          (2) by striking paragraphs (2) and (3) of subsection (g) and 
        inserting the following:
          ``(2) Basis of determination.--Any person who enters into a 
        settlement pursuant to this subsection shall provide any 
        information requested by the President in accordance with 
        section 104(e). The determination of whether a person is 
        eligible for an expedited settlement shall be made on the basis 
        of all information available to the President at the time the 
        determination is made. The President's determination as to the 
        eligibility of a party that is not a department, agency, or 
        instrumentality of the United States for settlement pursuant to 
        this section shall not be subject to judicial review. If the 
        President determines that a party is not eligible for a 
        settlement pursuant to this section, the President shall 
        explain the basis for that determination in writing to any 
        person who requests such a settlement.
          ``(3) Additional factors relevant to settlements with 
        municipalities.--In any settlement with a municipality pursuant 
        to this Act, the President may take additional equitable 
        factors into account in determining an appropriate settlement 
        amount, including the limited resources available to that 
        party, and any in-kind services that the party may provide to 
        support the response action at the facility. In considering the 
        value of in-kind services, the President shall consider the 
        fair market value of those services.'';
          (3) in subsection (g)(4) by striking ``$500,000'' and 
        inserting ``$2,000,000'';
          (4) by striking paragraph (5) of subsection (g) and inserting 
        the following:
          ``(5) Small business defined.--In this section, the term 
        `small business' refers to any business entity that employs 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.).'';
          (5) by adding at the end of subsection (g) the following:
          ``(7) Deadline.--If the President does not make a settlement 
        offer to a small business on or before the 180th day following 
        the date of the President's determination that such small 
        business is eligible for an expedited settlement under this 
        subsection, or on or before the 180th day following the date of 
        the enactment of this paragraph, whichever is later, such small 
        business shall have no further liability under this Act, unless 
        the failure to make a settlement offer on or before such 180th 
        day is due to circumstances beyond the control of the 
        President.
          ``(8) Premiums.--In any settlement under this Act with a 
        small business, the President may not require the small 
        business to pay any premium over and above the small business's 
        share of liability.''; and
          (6) in subsection (h)--
                  (A) by striking the subsection heading and inserting 
                the following: ``Authority To Settle Claims for Fines, 
                Civil Penalties, Punitive Damages, and Cost Recovery.--
                '';
                  (B) by striking ``costs incurred'' in the first 
                sentence of paragraph (1) and inserting ``past and 
                future costs incurred or that may be incurred'';
                  (C) by inserting after ``if the claim has not been 
                referred to the Department of Justice for further 
                action.'' in the first sentence of paragraph (1) the 
                following: ``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 claims for any such fines, civil 
                penalties, or punitive damages which 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 response costs, fines, civil penalties, or 
                punitive damages exceeds $3,000,000, such claim may be 
                compromised and settled only with the prior written 
                approval of the Attorney General.'';
                  (D) by striking ``$500,000 (excluding interest), any 
                claim referred to in the preceding sentence'' in the 
                second sentence of paragraph (1) and inserting 
                ``$2,000,000 (excluding interest), any claim for 
                response costs referred to in this subsection''; and
                  (E) by striking paragraph (4).
  (d) Municipality Defined.--Section 101 (42 U.S.C. 9601), as amended 
by section 302(d) of this Act, is further amended by inserting after 
paragraph (34) the following:
          ``(35) The term `municipality' means a political subdivision 
        of a State, including a city, county, village, town, township, 
        borough, parish, 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.''.

SEC. 309. CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS.

  (a) Recycling Transactions.--Title I (42 U.S.C. 9601 et seq.) is 
amended by adding at the end the following:

``SEC. 130. RECYCLING TRANSACTIONS.

  ``(a) Liability Clarification.--As provided in subsections (b), (c), 
(d), (e), and (f), a person who arranged for the recycling of 
recyclable material or transported such material shall not be liable 
under sections 107(a)(3) and 107(a)(4) with respect to such material. A 
determination whether or not any person shall be liable under section 
107(a)(3) or 107(a)(4) for any transaction not covered by subsections 
(b) and (c), (d), (e), or (f) of this section shall be made, without 
regard to subsections (b), (c), (d), (e), and (f) of this section, on a 
case-by-case basis, based on the individual facts and circumstances of 
such transaction.
  ``(b) Recyclable Material Defined.--For purposes of this section, the 
term `recyclable material' means scrap paper, scrap plastic, scrap 
glass, scrap textiles, scrap rubber, scrap metal, 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, and 
used oil; except that such term shall not include--
          ``(1) shipping containers with a capacity from 30 liters to 
        3,000 liters, whether intact or not, having any hazardous 
        substance (but not metal bits and pieces or hazardous substance 
        that form an integral part of the container) contained in or 
        adhering thereto; or
          ``(2) any item of material containing polychlorinated 
        biphenyls at a concentration in excess of 50 parts per million 
        or any new standard promulgated pursuant to applicable Federal 
        laws.
  ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles, 
or Rubber.--
          ``(1) In general.--Transactions involving recyclable 
        materials that consist of scrap paper, scrap plastic, scrap 
        glass, scrap textiles, or scrap rubber 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:
                  ``(A) The recyclable material met a commercial 
                specification grade.
                  ``(B) A market existed for the recyclable material.
                  ``(C) A substantial portion of the recyclable 
                material was made available for use as a feedstock for 
                the manufacture of a new saleable product.
                  ``(D) 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.
                  ``(E) For transactions occurring on or after the 90th 
                day following the date of the enactment of this 
                section, the person exercised reasonable care to 
                determine that the facility where the recyclable 
                material would be 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 the 
                recyclable material.
          ``(2) Reasonable care.--For purposes of this subsection, 
        `reasonable care' shall be determined using criteria that 
        include--
                  ``(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 the 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 the 
                recyclable material.
          ``(3) Treatment of certain requirements as substantive 
        provisions.--For purposes of this subsection, a requirement to 
        obtain a permit applicable to the handling, processing, 
        reclamation, or other management activities associated with the 
        recyclable materials shall be deemed to be a substantive 
        provision.
  ``(d) Transactions Involving Scrap Metal.--
          ``(1) In general.--Transactions involving recyclable 
        materials that consist of 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 issues under the Solid Waste Disposal Act 
                (42 U.S.C. 6901 et seq.) after the date of 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) Melting of scrap metal.--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) Scrap metal defined.--In this subsection, the term 
        `scrap metal' means--
                  ``(A) bits and pieces of metal parts (such as bars, 
                turnings, rods, sheets, and wire) or metal pieces that 
                may be combined together with bolts or soldering (such 
                as radiators, scrap automobiles, and railroad box cars) 
                which when worn or superfluous can be recycled; and
                  ``(B) notwithstanding subsection (d)(1)(C), metal 
                byproducts of the production of copper and copper based 
                alloys that--
                          ``(i) are not the sole or primary products of 
                        a secondary production process,
                          ``(ii) are not produced separately from the 
                        primary products of a secondary production 
                        process,
                          ``(iii) are not and have not been stored in a 
                        pile or surface impoundment, and
                          ``(iv) are sold to another recycler that is 
                        not speculatively accumulating such byproducts,
        except for any scrap metal that the Administrator excludes from 
        this definition by regulation.
  ``(e) Transactions Involving Batteries.--
          ``(1) In general.--Transactions involving recyclable 
        materials that consist of 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--
                  ``(A) 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 but did not recover the valuable 
                components of such batteries; and
                  ``(B)(i) 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;
                  ``(ii) with respect to transactions involving nickel-
                cadmium batteries, Federal environmental regulations or 
                standards were in effect regarding the storage, 
                transport, management, or other activities associated 
                with the recycling of spent nickel-cadmium batteries 
                and the person was in compliance with such regulations 
                or standards and any amendments thereto; or
                  ``(iii) with respect to transactions involving other 
                spent batteries, Federal environmental regulations or 
                standards were in effect regarding the storage, 
                transport, management, or other activities associated 
                with the recycling of such batteries and the person was 
                in compliance with such regulations or standards and 
                any amendments thereto.
          ``(2) Recovery of valuable battery components.--For purposes 
        of paragraph (1)(A), a person who, by contract, arranges or 
        pays for processing of batteries by an unrelated third person 
        and receives from such third person materials reclaimed from 
        such batteries shall not thereby be deemed to recover the 
        valuable components of such batteries.
  ``(f) Transactions Involving Used Oil.--
          ``(1) In general.--Transactions involving recyclable 
        materials that consist of used oil 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) did not mix 
        the recyclable material with a hazardous substance following 
        the removal of the used oil from service and can demonstrate by 
        a preponderance of the evidence that at the time of the 
        transaction--
                  ``(A) the recyclable material was sent to a facility 
                that recycled used oil by using it as feed stock for 
                the manufacture of a new saleable product;
                  ``(B) the person met the criteria specified in 
                paragraphs (1)(D) and (1)(E) of subsection (c), as 
                modified by paragraphs (2) and (3) of subsection (c), 
                with respect to used oil; and
                  ``(C) regulations or standards for the management of 
                used oil promulgated under the Solid Waste Disposal Act 
                (42 U.S.C. 6901 et seq.) were in effect on the date of 
                the transaction and the person was in compliance with 
                such regulations or standards and any amendment 
                thereto.
          ``(2) Used oil defined.--In this subsection, the term `used 
        oil' means any oil that has been refined from crude oil, or any 
        synthetic oil, that has been used or stored. Such term does not 
        include any oil that is subject to regulation under section 
        6(e)(1)(A) of the Toxic Substances Control Act (15 U.S.C. 
        2605(e)(1)(A)), relating to regulations prescribing methods for 
        disposal of polychlorinated biphenyls.
  ``(g) Exclusions.--
          ``(1) In general.--The exemptions set forth in subsections 
        (c), (d), (e), and (f) shall not apply if--
                  ``(A) the person had an objectively reasonable basis 
                to believe at the time of the recycling transaction 
                that--
                          ``(i) the recyclable material would not be 
                        recycled;
                          ``(ii) in the case of recyclable materials 
                        other than used oil meeting used oil 
                        specifications promulgated under the Solid 
                        Waste Disposal Act (42 U.S.C. 6901 et seq.), 
                        the recyclable material would be burned as fuel 
                        or for energy recovery or incineration; or
                          ``(iii) for transactions occurring on or 
                        before the 90th day following the date of the 
                        enactment of this section, the consuming 
                        facility was not in compliance with a 
                        substantive (not a 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 
                with respect to the management and handling of the 
                recyclable material (including adhering to customary 
                industry practices current at the time of the recycling 
                transaction designed to minimize, through source 
                control, contamination of the recyclable material by 
                hazardous substances).
          ``(2) Objectively reasonable basis.--For purposes of 
        paragraph (1)(A), an objectively reasonable basis for belief 
        shall be determined using criteria that include the size of the 
        person's business, customary industry practices (including 
        customary industry practices current at the time of the 
        recycling transaction designed to minimize, through source 
        control, contamination of the recyclable material by hazardous 
        substances), 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) Treatment of certain requirements as substantive 
        provisions.--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.
  ``(h) Effect on Owner Liability.--Nothing in this section shall be 
deemed to affect the liability of a person under section 107(a)(1) or 
107(a)(2).
  ``(i) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect--
          ``(1) 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 (42 U.S.C. 6901 et seq.); or
          ``(2) the ability of the Administrator to promulgate 
        regulations under any other statute, including the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.).
  ``(j) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to--
          ``(1) affect any rights, defenses or liabilities under 
        section 107 of any person with respect to any transaction 
        involving any material other than a recyclable material subject 
        to subsection (a) of this section; or
          ``(2) relieve a plaintiff of the burden of proof that the 
        elements of liability under section 107 are met under the 
        particular circumstances of any transaction for which liability 
        is alleged.''.
  (b) Service Station Dealers.--Section 114(c) (42 U.S.C. 9614(c)) is 
amended--
          (1) in paragraph (1)(B) by striking ``authorities.'' and 
        inserting ``authorities that were in effect on the date of such 
        activity.'';
          (2) in paragraph (2)--
                  (A) by striking ``a service station dealer may 
                presume that'';
                  (B) by striking ``is not mixed with'' and inserting 
                ``is presumed to be not mixed with''; and
                  (C) by striking subparagraphs (A) and (B) and 
                inserting the following:
                  ``(A) has been removed from the engine of a light 
                duty motor vehicle or household appliance by the owner 
                of such vehicle or appliance and is presented by such 
                owner to the dealer for collection, accumulation, and 
                delivery to an oil recycling facility; or
                  ``(B) has been removed from such an engine or 
                appliance by the dealer for collection, accumulation, 
                and delivery to an oil recycling facility.''; and
          (3) by striking paragraph (4).

SEC. 310. ALLOCATION.

  Title I (42 U.S.C. 9601 et seq.) is amended by adding at the end the 
following new section:

``SEC. 131. ALLOCATION.

  ``(a) Purpose of Allocation.--The purpose of an allocation under this 
section is to determine an equitable allocation of the costs of a 
removal or remedial action at a facility on the National Priorities 
List that is eligible for an allocation under this section, including 
the share to be borne by the Trust Fund under subsection (i).
  ``(b) Eligible Response Action.--
          ``(1) In general.--A removal or remedial action is eligible 
        for an allocation under this section if the action is at a 
        facility on the National Priorities List and if--
                  ``(A) the performance of the removal or remedial 
                action is not the subject of an administrative order or 
                consent decree as of March 25, 1999;
                  ``(B) the President's estimate of the costs for 
                performing such removal or remedial action that have 
                not been recovered by the President as of March 25, 
                1999, exceeds $2,000,000; and
                  ``(C) there are response costs attributable to the 
                Fund share under subsection (i).
          ``(2) Excluded response actions.--
                  ``(A) Chain of title sites.--Notwithstanding 
                paragraph (1), a removal or remedial action is not 
                eligible for an allocation if--
                          ``(i) the facility is located on a contiguous 
                        area of real property under common ownership or 
                        control; and
                          ``(ii) all of the parties potentially liable 
                        for response costs are current or former owners 
                        or operators of such facility,
                unless the current owner of such facility is insolvent 
                or defunct.
                  ``(B) Current owner.--If the current owner of the 
                property on which the facility is located is not liable 
                under section 107(b)(2), the owner immediately 
                preceding such owner shall be considered to be the 
                current owner of the property for purposes of 
                subparagraph (A).
                  ``(C) Affiliated parties.--If the current owner is 
                affiliated with any other person through any direct or 
                indirect familial relationship or any contractual, 
                corporate, or financial relationship other than that 
                created by instruments by which title to the facility 
                is conveyed or financed or by a contract for the sale 
                of goods or services, and such other person is liable 
                for response costs at the facility, such other person's 
                assets may be considered assets of the current owner 
                when determining under subparagraph (A) whether the 
                current owner is insolvent or defunct.
  ``(c) Discretionary Allocation Process.--Notwithstanding subsection 
(b), the President may initiate an allocation under this section for 
any removal or remedial action at a facility listed on the National 
Priorities List and may provide a Fund share under subsection (i).
  ``(d) Allocation Process.--For each eligible removal or remedial 
action, the President shall ensure that a fair and equitable allocation 
of liability is undertaken at an appropriate time by a neutral 
allocator selected by agreement of the parties under such process or 
procedures as are agreed to by the parties. An allocation under this 
section shall apply to subsequent removal or remedial actions for a 
facility unless the allocator determines that the allocation should 
address only one or more of such removal or remedial actions.
  ``(e) Early Offer of Settlement.--As soon as practicable and prior to 
the selection of an allocator, the President shall provide an estimate 
of the aggregate Fund share in accordance with subsection (i). The 
President shall offer to contribute to a settlement of liability for 
response costs on the basis of this estimate.
  ``(f) Representation of the United States and Affected States.--The 
Administrator or the Attorney General, as a representative of the Fund, 
and a representative of any State that is or may be responsible 
pursuant to section 104(c)(3) for any costs of a removal or remedial 
action that is the subject of an allocation shall be entitled to 
participate in the allocation proceeding to the same extent as any 
potentially responsible party.
  ``(g) Moratorium on Litigation.--
          ``(1) Moratorium on litigation.--No person may commence any 
        civil action or assert any claim under this Act seeking 
        recovery of any response costs, or contribution toward such 
        costs, in connection with any response action for which the 
        President has initiated an allocation under this section, until 
        150 days after issuance of the allocator's report or of a 
        report under this section.
          ``(2) Stay.--If any action or claim referred to in paragraph 
        (1) is pending on the date of enactment of this section or on 
        the date of initiation of an allocation, such action or claim 
        (including any pendant claim under State law over which a court 
        is exercising jurisdiction) shall be stayed until 150 days 
        after the issuance of the allocator's report or of a report 
        under this section, unless the court determines that a stay 
        will result in manifest injustice.
          ``(3) Tolling of limitations period.--Any applicable 
        limitations period with respect to actions subject to paragraph 
        (1) shall be tolled from the earlier of--
                  ``(A) the date of listing of the facility on the 
                National Priorities List, where such listing occurs 
                after the date of enactment of this section; or
                  ``(B) the commencement of the allocation process 
                pursuant to this section, until 180 days after the 
                President rejects or waives the President's right to 
                reject the allocator's report.
  ``(h) Effect on Principles of Liability.--The allocation process 
under this section shall not be construed to modify or affect in any 
way the principles of liability under this title as determined by the 
courts of the United States.
  ``(i) Fund Share.--For each removal or remedial action that is the 
subject of an allocation under this section, the allocator shall 
determine the share of response costs, if any, to be allocated to the 
Fund. The Fund share shall consist of the sum of following amounts:
          ``(1) The amount attributable to the aggregate share of 
        response costs that the allocator determines to be attributable 
        to parties who are not affiliated with any potentially 
        responsible party and whom the President determines are 
        insolvent or defunct.
          ``(2) The amount attributable to the difference in the 
        aggregate share of response costs that the allocator determines 
        to be attributable to parties who have resolved their liability 
        to the United States under section 122(g)(1)(B) (relating to 
        limited ability to pay settlements) for the removal or remedial 
        action and the amount actually assumed by those parties in any 
        settlement for the response action with the United States.
          ``(3) Except as provided in subsection (j), the amount 
        attributable to the aggregate share of response costs that the 
        allocator determines to be attributable to persons who are 
        entitled to an exemption from liability under subsection (o) or 
        (p) of section 107 or section 114(c) or 130 at a facility or 
        vessel on the National Priorities List.
          ``(4) The amount attributable to the difference in the 
        aggregate share of response costs that an allocator determines 
        to be attributable to persons subject to a limitation on 
        liability under section 107(p) or 107(q) and the amount 
        actually assumed by those parties in accordance with such 
        limitation.
  ``(j) Certain MSW Generators.--Notwithstanding subsection (i)(3), the 
allocator shall not attribute any response costs to any person who 
would have been liable under section 107(a)(3) or 107(a)(4) but for the 
exemption from liability under section 107(p)(3).
  ``(k) Unattributable Share.--The share attributable to the aggregate 
share of response costs incurred to respond to materials containing 
hazardous substances for which no generator, transporter, or owner or 
operator at the time of disposal or placement, can be identified shall 
be divided pro rata among the potentially responsible parties and the 
Fund share determined under subsection (i).
  ``(l) Expedited Allocation.--At the request of the potentially 
responsible parties or the United States, to assist in reaching 
settlement, the allocator may, prior to reaching a final allocation of 
response costs among all parties, first provide an estimate of the 
aggregate Fund share, in accordance with subsection (i), and an 
estimate of the aggregate share of the potentially responsible parties.
  ``(m) Settlement Before Allocation Determination.--
          ``(1) Settlement of all removal or remedial costs.--A group 
        of potentially responsible parties may submit to the allocator 
        a private allocation for any removal or remedial action that is 
        within the scope of the allocation. If such private allocation 
        meets each of the following criteria, the allocator shall 
        promptly adopt it as the allocation report:
                  ``(A) The private allocation is a binding allocation 
                of at least 80 percent of the past, present, and future 
                costs of the removal or remedial action.
                  ``(B) The private allocation does not allocate any 
                share to any person who is not a signatory to the 
                private allocation.
                  ``(C) The signatories to the private allocation waive 
                their rights to seek recovery of removal or remedial 
                costs or contribution under this Act with respect to 
                the removal or remedial action from any other party at 
                the facility.
          ``(2) Other settlements.--The President may use the authority 
        under section 122(g) to enter into settlement agreements with 
        respect to any response action that is the subject of an 
        allocation at any time.
  ``(n) Settlements Based on Allocations.--
          ``(1) In general.--Subject to paragraph (2), the President 
        shall accept an offer of settlement of liability for response 
        costs for a removal or remedial action that is the subject of 
        an allocation if--
                  ``(A) the offer is made within 90 days after issuance 
                of the allocator's report; and
                  ``(B) the offer is based on the share of response 
                costs specified by the allocator and such other terms 
                and conditions (other than the allocated share of 
                response costs) as are acceptable to the President.
          ``(2) Rejection of allocation report.--The requirement of 
        paragraph (1) to accept an offer of settlement shall not apply 
        if the Administrator and the Attorney General reject the 
        allocation report.
  ``(o) Reimbursement for UAO Performance.--
          ``(1) Reimbursement.--The Administrator shall enter into 
        agreements to provide mixed funding to reimburse parties who 
        satisfactorily perform, pursuant to an administrative order 
        issued under section 106, a removal or remedial action eligible 
        for an allocation under subsection (b) for the reasonable and 
        necessary costs of such removal or remedial action to the 
        extent that--
                  ``(A) the costs incurred by a performing party exceed 
                the share of response costs assigned to such party in 
                an allocation that is performed in accordance with the 
                provisions of this section;
                  ``(B) the allocation is not rejected by the United 
                States; and
                  ``(C) the performing party, in consideration for such 
                reimbursement--
                          ``(i) agrees not to contest liability for all 
                        response costs not inconsistent with the 
                        National Contingency Plan to the extent of the 
                        allocated share;
                          ``(ii) receives no covenant not to sue; and
                          ``(iii) waives contribution rights against 
                        all parties who are potentially responsible 
                        parties for the response action, as well as 
                        waives any rights to challenge any settlement 
                        the President enters into with any other 
                        potentially responsible party.
          ``(2) Offset.--Any reimbursement provided to a performing 
        party under this subsection shall be subject to equitable 
        offset or reduction by the Administrator upon a finding of a 
        failure to perform any aspect of the remedy in a proper and 
        timely manner.
          ``(3) Time of payment.--Any reimbursement to a performing 
        party under this subsection shall be paid after work is 
        completed, but no sooner than completion of the construction of 
        the remedial action and, subject to paragraph (5), without any 
        increase for interest or inflation.
          ``(4) Limit on amount of reimbursement.--The amount of 
        reimbursement under this subsection shall be further limited as 
        follows:
                  ``(A) Performing parties who waive their right to 
                challenge remedy selection at the end of the moratorium 
                following allocation shall be entitled to reimbursement 
                of actual dollars spent by each such performing party 
                in excess of the party's share and attributable by the 
                allocator to the Fund share under subsection (i).
                  ``(B) Performing parties who retain their right to 
                challenge the remedy shall be reimbursed (i) for actual 
                dollars spent by each such performing party, but not to 
                exceed 90 percent of the Fund share, or (ii) an amount 
                equal to 80 percent of the Fund share if the Fund share 
                is less than 20 percent of responsibility at the site.
          ``(5) Reimbursement of shares attributable to other 
        parties.--If reimbursement is made under this subsection to a 
        performing party for work in excess of the performing party's 
        allocated share that is not attributable to the Fund share, the 
        performing party shall be entitled to all interest (prejudgment 
        and post judgment, whether recovered from a party or earned in 
        a site account) that has accrued on money recovered by the 
        United States from other parties for such work at the time 
        construction of the remedy is completed.
          ``(6) Reimbursement claims.--The Administrator shall require 
        that all claims for reimbursement be supported by--
                  ``(A) documentation of actual costs incurred; and
                  ``(B) sufficient information to enable the 
                Administrator to determine whether such costs were 
                reasonable.
          ``(7) Independent auditing.--The Administrator may require 
        independent auditing of any claim for reimbursement.
  ``(p) Post-Settlement Litigation.--Following expiration of the 
moratorium periods under subsection (g), the United States may request 
the court to lift the stay and proceed with an action under this Act 
against any potentially responsible party that has not resolved its 
liability to the United States following an allocation, seeking to 
recover response costs that are not recovered through settlements with 
other persons. All such actions shall be governed by the principles of 
liability under this Act as determined by the courts of the United 
States.
  ``(q) Response Costs.--
          ``(1) Description.--The following costs shall be considered 
        response costs for purposes of this Act:
                  ``(A) Costs incurred by the United States and the 
                court of implementing the allocation procedure set 
                forth in this section, including reasonable fees and 
                expenses of the allocator.
                  ``(B) Costs paid from amounts made available under 
                section 111(a)(1).
          ``(2) Settled parties.--Any costs of allocation described in 
        paragraph (1)(A) and incurred after a party has settled all of 
        its liability with respect to the response action or actions 
        that are the subject of the allocation may not be recovered 
        from such party.
  ``(r) Federal, State, and Local Agencies.--All Federal, State, and 
local governmental departments, agencies, or instrumentalities that are 
identified as potentially responsible parties shall be subject to, and 
be entitled to the benefits of, the allocation process and allocation 
determination provided by this section to the same extent as any other 
party.
  ``(s) Source of Funds.--Payments made by the Trust Fund, or work 
performed on behalf of the Trust Fund, to meet obligations incurred by 
the President under this section to pay a Fund share or to reimburse 
parties for costs incurred in excess of the parties' allocated shares 
under subsections (e), (m), (n), or (o) shall be funded from amounts 
made available by section 111(a)(1).
  ``(t) Savings Provisions.--Except as otherwise expressly provided, 
nothing in this section shall limit or affect the following:
          ``(1) The President's--
                  ``(A) authority to exercise the powers conferred by 
                sections 103, 104, 105, 106, 107, or 122;
                  ``(B) authority to commence an action against a party 
                where there is a contemporaneous filing of a judicial 
                consent decree resolving that party's liability;
                  ``(C) authority to file a proof of claim or take 
                other action in a proceeding under title 11, United 
                States Code;
                  ``(D) authority to file a petition to preserve 
                testimony under Rule 27 of the Federal Rules of Civil 
                Procedure; or
                  ``(E) authority to take action to prevent dissipation 
                of assets, including actions under chapter 176 of title 
                28, United States Code.
          ``(2) The ability of any person to resolve its liability at a 
        facility to any other person at any time before or during the 
        allocation process.
          ``(3) The validity, enforceability, finality, or merits of 
        any judicial or administrative order, judgment, or decree 
        issued, signed, lodged, or entered, before the date of 
        enactment of this paragraph with respect to liability under 
        this Act, or authority to modify any such order, judgment, or 
        decree with regard to the response action addressed in the 
        order, judgment or decree.
          ``(4) The validity, enforceability, finality, or merits of 
        any pre-existing contract or agreement relating to any 
        allocation of responsibility or any indemnity for, or sharing 
        of, any response costs under this Act.''.

                       TITLE IV--REMEDY SELECTION

SEC. 401. REMEDY SELECTION.

  (a) General Rules.--Section 121(b)(1) (42 U.S.C. 9621(b)(1)) is 
amended--
          (1) by inserting after the first sentence the following: 
        ``The preference referred to in the preceding sentence may be 
        implemented in accordance with the November 1991, Environmental 
        Protection Agency, Office of Solid Waste and Emergency Response 
        Publication No. 9380.3-06FS, `A Guide to Principal Threat and 
        Low Level Threat Waste'.'';
          (2) by striking ``and'' at the end of subparagraph (F);
          (3) by striking the period at the end of subparagraph (G) and 
        inserting
        ``; and''; and
          (4) by inserting after subparagraph (G) the following:
          ``(H) the effectiveness of the remedial action in making 
        contaminated property available for beneficial use.''.
  (b) Site Review Requirement.--Section 121(c) (42 U.S.C. 9621(c)) is 
amended--
          (1) in the first sentence by striking ``the initiation of'' 
        and inserting ``construction and installation of equipment and 
        structures to be used for''; and
          (2) by inserting after the first sentence the following: 
        ``The President shall review the effectiveness of and 
        compliance with any institutional controls related to the 
        remedial action during the review.''.
  (c) Degree of Cleanup.--Section 121(d) (42 U.S.C. 9621(d)) is 
amended--
          (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (4), (5), and (6), respectively;
          (2) by inserting after paragraph (1) the following:
          ``(2) Health and environmental standards.--
                  ``(A) Exposure information.--In any case in which an 
                exposure assessment is conducted, such assessment shall 
                be consistent with the current and reasonably 
                anticipated future uses of land, water, and other 
                resources as identified under paragraph (3). 
                Information used by the President to determine 
                potential exposures shall include information made 
                available to the President on actual exposure to 
                hazardous substances or pollutants or contaminants that 
                the President determines is valid and reliable and any 
                other relevant information.
                  ``(B) Plants and animals.--In determining what is 
                protective of plants and animals for purposes of this 
                section, the President shall base such determinations 
                on the significance of impacts from a release or 
                releases of hazardous substances from a facility to 
                local populations or communities of plants and animals 
                or ecosystems. If a species is listed as threatened or 
                endangered under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.) impacts to individual plants or 
                animals may be considered to be impacts to populations 
                of plants or animals.
          ``(3) Anticipated use of land, water, and other resources.--
                  ``(A) In general.--To assist in selecting the method 
                or methods of remediation appropriate for a given 
                facility, the President shall identify the current and 
                reasonably anticipated uses of land, water, and other 
                resources at and around the facility and the timing of 
                such uses.
                  ``(B) Reasonably anticipated uses of land.--In 
                identifying reasonably anticipated uses of land and the 
                timing of such uses, the President shall consider 
                relevant information identified through a process that 
                includes solicitation of the views of interested 
                parties, including the affected local government and 
                the affected local community. The President may meet 
                this requirement though the process outlined in the May 
                25, 1995, Environmental Protection Agency, Office of 
                Solid Waste and Emergency Response Directive No. 
                9355.7-04, pertaining to `Land Use in the CERCLA Remedy 
                Selection Process'.
                  ``(C) Reasonably anticipated uses of water.--In 
                identifying reasonably anticipated uses of water and 
                the timing of such uses, the President shall consider 
                relevant information identified through a process that 
                includes solicitation of the views of interested 
                parties, including the affected State, the affected 
                local government, the affected local community, and 
                affected local water suppliers.
                  ``(D) Special rules for ground water.--The President 
                shall meet the requirements of subparagraph (C) for 
                ground water as follows:
                          ``(i) If a State has a comprehensive State 
                        ground water protection program that has 
                        provisions for making site-specific 
                        determinations of use and timing of use and 
                        that has received a written endorsement by the 
                        President, the President shall use the State 
                        determinations of use and timing of use that 
                        are based on such program.
                          ``(ii) If a State does not have a program 
                        described in clause (i), the President shall 
                        identify the reasonably anticipated uses of 
                        ground water and the timing of such uses as 
                        provided in subparagraph (C). In conducting the 
                        analysis, the President shall begin with the 
                        presumption that ground water is drinking 
                        water, if the ground water is within an aquifer 
                        that is classified by a State or the 
                        Administrator as a drinking water aquifer or if 
                        the ground water is within an aquifer that has 
                        not been classified. The presumption may be 
                        rebutted through site-specific information 
                        identified through the analysis of relevant 
                        factors under subparagraph (C).
                          ``(iii) Unless the State has made a specific 
                        determination otherwise under clause (i), a 
                        current or reasonably anticipated beneficial 
                        use of ground water shall not be identified as 
                        drinking water if--
                                  ``(I) the ground water contains more 
                                than 10,000 milligrams per liter total 
                                dissolved solids;
                                  ``(II) the ground water is so 
                                contaminated by naturally occurring 
                                conditions or by the effects of broad-
                                scale human activity unrelated to a 
                                specific activity that restoration to 
                                drinking water quality is 
                                impracticable; or
                                  ``(III) 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 
                                without adverse environmental 
                                consequences, unless available 
                                information indicates that such source 
                                is used as a source of drinking water.
                          ``(iv) Following identification of the 
                        reasonably anticipated uses of ground water, 
                        the President may utilize the phased approach 
                        to ground water remediation identified in 
                        October 1996 Environmental Protection Agency, 
                        Office of Solid Waste and Emergency Response 
                        Directive No. 9283.1-12, pertaining to 
                        `Presumptive Response Strategy and Ex-Situ 
                        Treatment Technologies for Contaminated Ground 
                        Water at CERCLA Sites'.
                  ``(E) Institutional controls.--Assumptions 
                restricting future uses can be used in evaluating 
                remedial alternatives only to the extent that 
                institutional controls meeting the criteria of 
                subsection (g) are identified.
                  ``(F) Inclusion in administrative record.--All 
                information considered by the President in evaluating 
                current and reasonably anticipated future land or water 
                uses under this subsection shall be included in the 
                administrative record under section 113(k).'';
          (3) in paragraph (4) (as redesignated by paragraph (1) of 
        this subsection) by inserting ``Legally applicable standards.--
        '' before ``With respect to'';
          (4) in paragraph (4)(A) (as redesignated by paragraph (1) of 
        this subsection)--
                  (A) by inserting ``that is generally applicable, that 
                is consistently applied to response actions in the 
                State,'' after ``subparagraph (A),'';
                  (B) by striking ``or is relevant and appropriate'';
                  (C) by striking ``or relevant and appropriate'';
                  (D) by striking ``Level Goals'' and inserting 
                ``Levels'';
                  (E) by striking ``goals or'' and inserting ``levels 
                or''; and
                  (F) by adding at the end the following:
``The President shall closely examine whether a requirement is of 
general applicability under clause (ii) if, in practice, the 
requirement only applies to one facility in the State or if the 
requirement only applies to facilities owned or operated by the United 
States.'';
          (5) in paragraph (5) (as redesignated by paragraph (1) of 
        this subsection) by inserting ``Limitation on transfers.--'' 
        before ``In the case of'';
          (6) in paragraph (6) (as redesignated by paragraph (1) of 
        this subsection)--
                  (A) by inserting ``Waivers.--'' before ``The 
                President''; and
                  (B) by striking ``(2)'' and inserting ``(4)'';
          (7) by adding at the end the following:
          ``(7) Exclusions.--The standards, requirements, criteria, and 
        limitations referred to in paragraph (4) shall not include any 
        requirement for a reduction in concentrations of contaminants 
        below background levels.''; and
          (8) by aligning paragraphs (4), (5), and (6) (as so 
        redesignated) with paragraph (7) (as added by paragraph (7) of 
        this subsection) and the subparagraphs, clauses, and subclauses 
        in such paragraphs accordingly.
  (d) States Adjoining Certain Facilities.--Section 121(f) (42 U.S.C. 
9621(f)) is amended by adding at the end the following new paragraph:
          ``(4) States adjoining certain facilities.--The President 
        shall modify regulations promulgated pursuant to paragraph (1) 
        to provide to any adjoining State within a 50-mile radius of a 
        facility owned or operated by the Department of Energy the same 
        rights as are provided by this subsection to the State in which 
        such facility is located.''.
  (e) Institutional Controls.--Section 121 (42 U.S.C. 9621) is amended 
by adding at the end the following:
  ``(g) Institutional Controls.--
          ``(1) Use and implementation.--In any case in which the 
        President selects a remedial action that allows hazardous 
        substances to remain on-site at a facility above concentration 
        levels that would be protective for unrestricted use, the 
        President--
                  ``(A) shall include, as a component of the remedy, 
                restrictions on the use of land, water, or other 
                resources necessary to provide long-term protection of 
                human health and the environment;
                  ``(B) shall require, as a component of the remedy, 
                ongoing monitoring and operation and maintenance of the 
                remedy and such remedy shall not be determined to be 
                complete until such monitoring and operation and 
                maintenance are established;
                  ``(C) shall require, as a component of the remedy, 
                that any necessary institutional controls are 
                effective, implemented, and subject to appropriate 
                monitoring and enforcement;
                  ``(D) shall ensure through authorities provided under 
                this Act, including the reviews conducted under 
                subsection (c), that any necessary institutional 
                controls remain in effect as long as necessary to 
                protect human health and the environment, including 
                ensuring that the enforceability of such institutional 
                controls will not be adversely affected by any transfer 
                of the property subject to the controls.
          ``(2) Restrictions on use.--The President may use 
        institutional controls as a supplement to, but not as a 
        substitute for, other response measures at a facility, except 
        in extraordinary circumstances.
          ``(3) Notice.--Whenever the President selects, in accordance 
        with paragraph (1), a remedy at a facility that relies on 
        institutional controls as an integral component of the remedy, 
        the President shall--
                  ``(A) clearly specify in the record of decision the 
                anticipated restrictions on uses of land, water, or 
                other resources or activities at the facility and the 
                terms of anticipated institutional controls to 
                implement those restrictions;
                  ``(B) specify such restrictions and controls in all 
                other appropriate remedy decision documents and other 
                public information regarding the site, along with 
                identification of the unit of government primarily 
                responsible for monitoring and enforcement of the 
                institutional controls;
                  ``(C) provide public notice of such controls and, in 
                the case of a deed restriction, easement, or other 
                similar measure, incorporate the measure in the public 
                land records for the jurisdiction in which the affected 
                property is located;
                  ``(D) to the extent that institutional controls will 
                be implemented pursuant to an order under section 106, 
                record, in accordance with State law, a notation on the 
                deed to the facility property, or on some other 
                instrument which is normally examined during a title 
                search, that will notify any potential purchaser that 
                use restrictions are or will be placed on the facility 
                property pursuant to an order issued under section 106; 
                and
                  ``(E) undertake any change in the nature or form of 
                institutional controls at the facility in a manner 
                consistent with section 117 and give notice pursuant to 
                the requirements of section 104.
          ``(4) Registry.--The President shall establish and maintain a 
        registry of restrictions on the use of land, water, or other 
        resources through institutional controls that are included in 
        final records of decision as a component of the remedy at 
        facilities that are, or have been, on the National Priorities 
        List. The registry shall identify the property and the nature 
        or form of the institution controls, including any subsequent 
        changes in the nature or form of such controls.
          ``(5) Annual report.--On or before March 1, 2000, and 
        annually thereafter, the Administrator shall transmit to the 
        Committee on Commerce and the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report on each record of decision signed during the previous 
        fiscal year, the type of institutional controls and media 
        affected, and the unit of government designated to monitor, 
        enforce, and ensure compliance with the institutional 
        controls.''.
  (f) Remedial Design.--Section 121 is further amended by adding at the 
end the following:
  ``(h) Remedial Design.--Where appropriate and practicable, remedial 
designs for remedies selected under this section shall seek to 
accommodate existing beneficial uses of the contaminated property and 
shall seek to expedite the return of contaminated property to 
beneficial use, including the return to beneficial use of separate 
areas within a facility prior to completion of the remedial action for 
an entire facility.''.

SEC. 402. HAZARDOUS SUBSTANCE PROPERTY USE.

  Section 104 (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 remedial 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, 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 remedial action under 
        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 all 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 an 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 added to the 
        registry established under section 121(g)(4).
          ``(6) Methods of acquiring easements.--The President may 
        acquire a hazardous substance easement by purchase or other 
        agreement, by condemnation, or by any other means permitted by 
        law. Compensation for such easement shall be at fair market 
        value, or for other consideration as agreed to by the parties, 
        for the interest acquired.
          ``(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 or other 
                governmental entity, assign an easement acquired under 
                this subsection to a State or other governmental entity 
                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 subsection 
                (j).
                  ``(B) Easements held by other persons.--
                          ``(i) Designation as hazardous substance 
                        easements.--Subject to clause (ii), in a case 
                        in which an institutional control is a 
                        component of a remedy selected under section 
                        121 at a facility listed on the National 
                        Priorities List, the owner of property and the 
                        potential holder of a restrictive easement may 
                        expressly designate, in writing, any interest 
                        in property as a hazardous substance easement 
                        for the purpose of restricting or limiting the 
                        use of land, water, or other 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 from such a facility.
                          ``(ii) Conditions.--An interest in property 
                        may be designated as a hazardous substance 
                        easement under clause (i) only if such interest 
                        is granted to a State, an Indian Tribe, another 
                        governmental entity, or other person that has 
                        the capability of effectively enforcing the 
                        easement over the period of time necessary to 
                        achieve the purpose of the easement, and such 
                        State, Tribe, governmental entity, or person 
                        consents to the transfer.
                          ``(iii) Effect of designation.--When properly 
                        recorded or filed under paragraph (5), a 
                        hazardous substance easement designated under 
                        clause (i) 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, before recording any notice of such easement, and 
        before terminating or modifying a hazardous substance 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 advisory group, 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 
        Administrator approves a modification or termination and 
        release of the easement and, following such approval, the 
        holder of the easement executes and records such modification 
        or termination and release in accordance with the terms of the 
        easement. Such modification or termination shall be recorded in 
        the same manner as the easement. A person may conduct 
        additional response actions at a facility to allow for 
        unrestricted use of the facility and may subsequently request 
        termination of the easement. Such a request shall be granted by 
        the holder of the easement and approved by the President, in 
        the discretion of the holder and the President, if the holder 
        and the President determine that the easement is no longer 
        necessary to protect human health and the environment.
          ``(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) or section 120(g), 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 President 
                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 
        subsection (j)(2) or section 120(h). Nothing in this subsection 
        limits or modifies the authority of the President pursuant to 
        subsection (j)(1).''.

SEC. 403. RISK ASSESSMENT STANDARDS.

  Title I (42 U.S.C. 9601-9626) is amended by adding at the end the 
following:

``SEC. 132. RISK ASSESSMENT PRINCIPLES, GUIDELINES, AND REVIEWS.

  ``Risk assessments and characterizations conducted under this Act 
shall--
          ``(1) provide objective assessments, estimates, and 
        characterizations which neither minimize nor exaggerate the 
        nature and magnitude of risks to human health and the 
        environment;
          ``(2) distinguish scientific findings from other 
        considerations;
          ``(3) be based on all reasonably available, relevant, and 
        reliable scientific and technical information and shall 
        describe the process for selecting such information; and
          ``(4) be based on an analysis of the weight of scientific 
        evidence that supports conclusions about a problem's potential 
        risk to human health and the environment.''.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. TRUST FUND DEFINED.

  Section 101(11) (42 U.S.C. 9601(11)) is amended to read as follows:
          ``(11) The term `Fund' or `Trust Fund' means the Hazardous 
        Substance Superfund established by section 9507 of the Internal 
        Revenue Code of 1986.''.

SEC. 502. INDIAN TRIBES.

  (a) Treatment Generally.--Section 126(a) (42 U.S.C. 9626(a)) is 
amended--
          (1) by striking ``and section 105'' and inserting ``, section 
        105'';
          (2) by inserting before the period at the end the following: 
        ``, section 117 (regarding public participation), section 121 
        (regarding selection of remedies), and section 128 (regarding 
        State voluntary cleanup programs)''; and
          (3) by adding at the end the following: ``In applying this 
        subsection, any reference contained in a section identified in 
        the preceding sentence to a facility located in a State shall 
        include a facility located on lands within the jurisdiction of 
        a Federal Indian reservation under the jurisdiction of the 
        United States government.''.
  (b) Study.--Section 126(c) (42 U.S.C. 9626(c)) is amended to read as 
follows:
  ``(c) Health Impacts.--
          ``(1) Study.--The President shall conduct a study of the 
        health impacts on Indian tribes of pollutants, contaminants, 
        and hazardous substances released from facilities that have 
        been listed or proposed for listing on the National Priorities 
        List.
          ``(2) Report.--Not later than 2 years after the date of the 
        enactment of the Recycle America's Land Act of 1999, the 
        President shall transmit to Congress a report on the results of 
        the study conducted under this subsection.''.

SEC. 503. GRANTS FOR TRAINING AND EDUCATION OF WORKERS.

  Section 126(g) of the Superfund Amendments and Reauthorization Act of 
1986 (42 U.S.C. 9660a) is amended--
          (1) by inserting ``from the Fund'' after ``Grants'' in each 
        of paragraphs (1), (2), and (3); and
          (2) by adding at the end the following:
          ``(4) Allocation of amounts.--Of the amounts made available 
        under section 111 to carry out this subsection in a fiscal 
        year, at least 20 percent shall be allocated to non-profit 
        organizations described in paragraph (3) for training minority 
        and other community-based workers who are or may be directly 
        engaged in hazardous waste removal or containment or emergency 
        response actions.''.

SEC. 504. STATE COST SHARE.

  Section 104(c)(3) (42 U.S.C. 9604(c)(3)) is amended to read as 
follows:
  ``(3) State cost share.--The President shall not provide any remedial 
actions pursuant to this section unless the State in which the release 
or threatened release occurs has entered into a contract or cooperative 
agreement with the President that provides assurances, deemed adequate 
by the President, that the State will pay or assure payment, in cash or 
through in-kind contribution, of 10 percent of the cost of such 
remedial action (other than any cost paid by the Fund under section 
111(a)(1)) and 10 percent of the cost of operation and maintenance.''.

SEC. 505. STATE AND LOCAL REIMBURSEMENT FOR RESPONSE ACTIONS.

  Section 123 (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 which 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.--The President is authorized to 
        reimburse a State or general purpose unit of local government 
        for expenses incurred 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, response to fires and explosions, and other 
        activities which 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) Reimbursement to states and general purpose units of 
        local government.--The amount of any reimbursement to a State 
        or general purpose unit of local government 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 State or general purpose unit 
        of local government having jurisdiction over the political 
        subdivision in which the facility is located.
          ``(2) Limitation.--The amounts allowed for the State and 
        general purpose units of local government may not be combined 
        for any single response action.
  ``(d) Procedure.--Reimbursements authorized pursuant to this section 
shall be in accordance with rules promulgated by the Administrator 
within 1 year after the date of the enactment of the Recycle America's 
Land Act of 1999.''.

SEC. 506. STATE ROLE AT FEDERAL FACILITIES.

  Section 120(g) (42 U.S.C. 9620(g)) is amended to read as follows:
  ``(g) State Role at Federal Facilities.--
          ``(1) Enforcement and dispute resolution.--
                  ``(A) In general.--An interagency agreement under 
                this section between a State 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 to exceed $25,000 per day.
                  ``(B) Nonconcurrence by state.--At a Federal facility 
                in a State to which the President's authorities under 
                subsection (e)(4) have been transferred pursuant to a 
                cooperative agreement, if the State does not concur in 
                the remedy selection proposed by the Federal 
                department, agency, or instrumentality that owns or 
                operates the facility, the parties shall enter into 
                dispute resolution as provided in the interagency 
                agreement. If there is no interagency agreement, the 
                State shall, not later than 120 days after the transfer 
                of authorities under a cooperative agreement, enter 
                into an agreement with the head of the department, 
                agency, or instrumentality on a process for resolving 
                disputes regarding remedy selection for the facility. 
                If a dispute is unresolved after using the process 
                under the interagency agreement or dispute resolution 
                agreement, the head of the Federal department, agency, 
                or instrumentality that owns the Federal facility and 
                the Governor of the State shall attempt to resolve such 
                dispute by consensus. 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 
                United States 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.
          ``(2) Limitation.--Except as necessary to implement the 
        transfer of the Administrator's authorities to a State under a 
        cooperative agreement, 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 
        agreement, permit, administrative or judicial order, decree, or 
        interagency agreement existing on the effective date of the 
        Recycle America's Land Act of 1999. 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.
          ``(3) Effect on other authorities.--Nothing in this 
        subsection shall affect the exercise by a State of any other 
        authorities that may be applicable to Federal facilities in the 
        State.''.

SEC. 507. FEDERAL COST STUDY.

  (a) In General.--Within 18 months after the date of enactment of this 
Act, the Congressional Budget Office shall conduct, and submit to 
Congress the results of, a study of the potential costs to the Federal 
Government over the next 20 years from Federal liability for natural 
resource damages under section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980.
  (b) Methodology.--In conducting the study, the Congressional Budget 
Office shall review pleadings filed by the Department of Justice on 
behalf of Federal natural resource trustees seeking damages for 
restoration of natural resources and shall apply the same statutory 
interpretations and methods of calculating damages employed by the 
United States, as plaintiff, in determining the potential liability of 
the United States, as defendant, in actions seeking recovery for 
natural resource damages.

SEC. 508. NO PREEMPTION OF STATE LAW CLAIMS.

  Section 302 (42 U.S.C. 9652) is amended by adding at the end the 
following:
  ``(e) No Preemption of State Law Claims.--Section 107 shall not be 
construed to preempt any claims under State law for contribution to or 
recovery of costs of responding to releases or threatened releases of 
hazardous substances.''.

SEC. 509. PURCHASE OF AMERICAN-MADE EQUIPMENT, PRODUCTS, AND 
                    TECHNOLOGIES.

  (a) In General.--If an entity that receives financial assistance 
under this Act or any law amended by this Act is using all or any part 
of such assistance to purchase 1 or more pieces of equipment, products, 
or technologies, the entity may only purchase, to the greatest extent 
practicable, American-made equipment, products, and technologies with 
such assistance.
  (b) American-Made Defined.--In this section, the term ``American-
made'' as used with respect to a piece of equipment, a product, or a 
technology means that the Federal Trade Commission has determined that 
the piece of equipment, product, or technology can display a ``Made in 
the USA'' or ``Made in America'' inscription or label or any 
inscription or label with the same meaning.

SEC. 510. DEVELOPMENT OF NEW TECHNOLOGIES AND METHODS.

  Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency shall develop and 
submit to Congress a plan to encourage United States companies to 
develop new technologies and methods to clean-up sites on the National 
Priorities List and other hazardous waste sites.The plan shall be 
designed to ensure that the United States is the world leader in the 
development of such technologies and methods.

     TITLE VI--EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND

SEC. 601. EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND.

  (a) Expenditures.--Section 111 (42 U.S.C. 9611) is amended--
          (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
          (2) by striking subsections (a), (b), (c), (d), and (e) and 
        inserting the following:
  ``(a) Expenditures From Hazardous Substance Superfund.--
          ``(1) Subsection (b) expenditures.--The following amounts of 
        amounts appropriated to the Hazardous Substance Superfund after 
        January 1, 2000, pursuant to section 9507(b) of the Internal 
        Revenue Code of 1986, and of amounts credited under section 
        9602(b) of such Code with respect to those appropriated 
        amounts, shall be available for the purposes specified in 
        subsection (b):
                  ``(A) $300,000,000 for each of fiscal years 2000 
                through 2004.
                  ``(B) $200,000,000 for each of fiscal years 2005 
                through 2007.
        Such funds shall remain available until expended.
          ``(2) Subsections (c) and (d) expenditures.--There is 
        authorized to be appropriated from the Hazardous Substance 
        Superfund established pursuant to section 9507(b) of the 
        Internal Revenue Code of 1986 for the purposes specified in 
        subsections (c) and (d) of this section not more than--
                  ``(A) $1,500,000,000 for each of fiscal years 2000 
                through 2003;
                  ``(B) $1,400,000,000 for fiscal year 2004;
                  ``(C) $1,300,000,000 for fiscal year 2005;
                  ``(D) $1,200,000,000 for fiscal year 2006; and
                  ``(E) $975,000,000 for fiscal year 2007.
  ``(b) Payments Related to Certain Reductions, Limitations, and 
Exemptions.--
          ``(1) Funding of exempt party and fund share.--The President 
        may use amounts in the Fund made available by subsection (a)(1) 
        for funding the equitable share of liability attributable to 
        exempt parties under section 107(t) and obligations incurred by 
        the President to pay a Fund share or to reimburse parties for 
        costs incurred in excess of the parties' allocated shares under 
        section 131.
          ``(2) Limitations.--
                  ``(A) Funding.--Amounts made available by subsection 
                (a)(1) for the purposes of this subsection shall not 
                exceed the following:
                          ``(i) $300,000,000 for each of fiscal years 
                        2000 through 2004.
                          ``(ii) $200,000,000 for each of fiscal years 
                        2005 through 2007.
                  ``(B) Eligible costs.--No funds made available under 
                paragraph (1) may be used for payment of, or 
                reimbursement for, any portion of attorneys' fees that 
                do not constitute necessary costs of response 
                consistent with the national contingency plan.
                  ``(C) Additional purposes.--
                          ``(i) In general.--If, in any of fiscal years 
                        2000 through 2004, the Administrator does not 
                        have available for obligation for the purposes 
                        of subsections (c) and (d) the amount specified 
                        for the fiscal year in clause (iii), the 
                        Administrator, subject to clause (ii), may use 
                        funds provided under subsection (a)(1) for such 
                        purposes.
                          ``(ii) Limitation.--The total amount of funds 
                        provided under subsection (a)(1) that the 
                        Administrator may use for the purposes of 
                        subsections (c) and (d) may not exceed the 
                        amount specified for the fiscal year in clause 
                        (iii) less the amount which (but for this 
                        subparagraph) would be available to the 
                        Administrator in such fiscal year for such 
                        purposes.
                          ``(iii) Amounts.--The amounts specified in 
                        this clause are $1,500,000,000 for each of 
                        fiscal years 2000 through 2003 and 
                        $1,400,000,000 for fiscal year 2004.
  ``(c) Response, Removal, and Remediation.--The President may use 
amounts in the Fund appropriated under subsection (a)(2) for costs of 
response, removal, and remediation (and administrative costs directly 
related to such costs), including the following:
          ``(1) Government response costs.--Payment of governmental 
        response costs incurred pursuant to section 104, including 
        costs incurred pursuant to the Intervention on the High Seas 
        Act (33 U.S.C. 1471 et seq.).
          ``(2) Private response cost claims.--Payment of any claim for 
        necessary response costs incurred by any other person as a 
        result of carrying out the national contingency plan 
        established under section 105, if such costs are approved under 
        such plan, are reasonable in amount based on open and free 
        competition or fair market value for similar available goods 
        and services, and are certified by the responsible Federal 
        official.
          ``(3) Acquisition costs under section 104(j).--The costs 
        incurred by the President in acquiring real estate or interests 
        in real estate under section 104(j) (relating to acquisition of 
        property).
          ``(4) State and local government reimbursement.--
        Reimbursement to States and local governments under section 
        123; except that during any fiscal year not more than 0.1 
        percent of the total amount appropriated under subsection 
        (a)(2) may be used for such reimbursements.
          ``(5) Contracts and cooperative agreements.--Payment for the 
        implementation of any contract or cooperative agreement under 
        section 104(d).
          ``(6) Natural resource damage assessments.--The costs of 
        assessing both short-term and long-term injury to, destruction 
        of, or loss of any natural resources resulting from a release 
        of a hazardous substance.
  ``(d) Administration, Oversight, Research, and Other Costs.--The 
President may use amounts in the Fund appropriated under subsection 
(a)(2) for the following costs (and administrative costs directly 
related to such costs):
          ``(1) Investigation and enforcement.--The costs of 
        identifying, investigating, and taking enforcement action 
        against releases of hazardous substances.
          ``(2) Overhead.--
                  ``(A) In general.--The costs of providing services, 
                equipment, and other overhead related to the purposes 
                of this Act and section 311 of the Federal Water 
                Pollution Control Act and needed to supplement 
                equipment and services available through contractors 
                and other non-Federal entities.
                  ``(B) Damage assessment capability.--The costs of 
                establishing and maintaining damage assessment 
                capability for any Federal agency involved in strike 
                forces, emergency task forces, or other response teams 
                under the National Contingency Plan.
          ``(3) Employee safety programs.--The cost of maintaining 
        programs otherwise authorized by this Act to protect the health 
        and safety of employees involved in response to hazardous 
        substance releases.
          ``(4) Grants for technical assistance.--The cost of grants 
        under section 117(e) (relating to public participation grants 
        for technical assistance).
          ``(5) Worker training and education grants.--The cost of 
        grants under section 126(g) of the Superfund Amendments and 
        Reauthorization Act of 1986 for training and education of 
        workers to the extent that such costs do not exceed $40,000,000 
        for each of fiscal years 2000 through 2007.
          ``(6) ATSDR activities.--Any costs incurred in accordance 
        with subsection (m) of this section (relating to ATSDR) and 
        section 104(i), including the costs of epidemiologic and 
        laboratory studies, public health assessments, and other 
        activities authorized by section 104(i).
          ``(7) Evaluation costs under petition provisions of section 
        105(d).--Costs incurred by the President in evaluation 
        facilities pursuant to petitions under section 105(d) (relating 
        to petitions for assessment of release).
          ``(8) Contract costs under section 104(a)(1).--The costs of 
        contracts or arrangements entered into under section 104(a)(1) 
        to oversee and review the conduct of remedial investigations 
        and feasibility studies undertaken by persons other than the 
        President and the costs of appropriate Federal and State 
        oversight of remedial activities at National Priorities List 
        sites resulting from consent orders or settlement agreements.
          ``(9) Research, development, and demonstration costs under 
        section 311.--The cost of carrying out section 311 (relating to 
        research, development, and demonstration).
          ``(10) Awards under section 109.--The costs of any awards 
        granted under section 109(d) (relating to providing information 
        concerning violations).
          ``(11) Comprehensive state ground water protection plans.--
        Costs of providing assistance to States to develop 
        comprehensive State ground water protection plans to the extent 
        such costs do not exceed $3,000,000 in a fiscal year.
  ``(e) Limitations on Natural Resources Claims.--No money in the Fund 
may be used for the payment of any claim under subsection (c)(6) where 
such expenses are associated with injury or loss resulting from long-
term exposure to ambient concentrations of air pollutants from multiple 
or diffuse sources.
  ``(f) Other Limitations.--
          ``(1) Limitations on payments of claims.--Claims against or 
        presented to the Fund shall not be valid or paid in excess of 
        the total unobligated balance in the Fund at any one time. Such 
        claims become valid and are payable only when additional money 
        is collected, appropriated, or otherwise added to the Fund. 
        Should the total claims outstanding at any time exceed the 
        current balance of the Fund, the President shall pay such 
        claims, to the extent authorized under this section, in full in 
        the order in which they were finally determined.
          ``(2) Remedial actions at federally owned facilities.--No 
        money in the Fund shall be available for costs of remedial 
        action, other than costs specified in subsection (d), with 
        respect to federally owned facilities; except that money in the 
        Fund shall be available for the provision of alternative water 
        supplies (including the reimbursement of costs incurred by a 
        municipality) in any case involving ground water contamination 
        outside the boundaries of a federally owned facility in which 
        the federally owned facility is not the only potentially 
        responsible party.
          ``(3) Remedial actions at facilities not listed on npl.--No 
        money in the Fund shall be available for response actions that 
        are not removal actions under section 101(23) with respect to 
        any facility that is not listed on the National Priorities 
        List.''.
  (b) Additional Amendments.--
          (1) Section 111.--Section 111 (42 U.S.C. 9611) is further 
        amended by striking subsections (j) and (n).
          (2) Section 107.--Section 107 (42 U.S.C. 9607) is amended by 
        striking subsection (k).
  (c) Conforming Amendments.--Section 112 (42 U.S.C. 9612) is amended--
          (1) in subsection (a) by striking ``111(a)'' and inserting 
        ```111(c)''; and
          (2) in subsection (f) by striking ``111(c)(1) or (2)'' and 
        inserting ``111(c)(6)''.

SEC. 602. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

  (a) Authorization.--Section 111(p)(1) (42 U.S.C. 9611(p)(1)) is 
amended to read as follows:
          ``(1) In general.--There is authorized to be appropriated, 
        out of any money in the Treasury not otherwise appropriated, to 
        the Hazardous Substance Superfund $250,000,000 for each of 
        fiscal years 2000 through 2007. 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.--Subsection (b) of section 
517 of the Superfund Amendments and Reauthorization Act of 1986 (26 
U.S.C. 9507 note) is hereby repealed.
  (c) Conforming Amendment.--Section 9507(a)(2) of the Internal Revenue 
Code of 1986 is amended by striking ``section 517(b) of the Superfund 
Revenue Act of 1986'' and inserting ``section 111(p) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9611(p))''.

SEC. 603. COMPLETION OF NATIONAL PRIORITIES LIST.

  (a) Study of 10-Year Funding Needs for Implementing CERCLA.--There is 
authorized to be appropriated $1,000,000 for an independent analysis of 
the projected 10-year costs to the Environmental Protection Agency of 
implementing the programs authorized by the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980. Such analysis shall 
include estimates of annual and cumulative costs over the next 10 years 
associated with administering such Act by the Environmental Protection 
Agency, shall identify sources of uncertainty in the estimates, and 
shall be completed by January 1, 2001.
  (b) Breakdown of Costs.--The study referred to in subsection (a) 
shall include estimates of the following:
          (1) Costs for completion of all non-Federal facilities 
        currently on the National Priorities List.
          (2) Costs for completion of all Federal facilities currently 
        on the National Priorities List.
          (3) Costs associated with those non-Federal sites which the 
        Administrator of the Environmental Protection Agency expects to 
        be added to the National Priorities List over the next 10 
        years.
          (4) Costs associated with those Federal facilities which the 
        Administrator expects to be added to the National Priorities 
        List over the next 10 years.
          (5) Costs for operations and maintenance at facilities 
        currently on, or anticipated to be added over the next 10 years 
        to, the National Priorities List.
          (6) Costs associated with reviews of remedies under section 
        121(c) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980, and any follow-up 
        activities.
          (7) Costs for removal activities.
The study shall not include costs associated with implementing section 
127 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980.
  (c) Organizations To Conduct Study.--The cost analysis under 
subsection (a) shall be conducted by a neutral, nongovernmental 
organization with expertise in the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980. In conducting the 
analysis, the nongovernmental organization shall collect relevant 
information from experts and other interested persons, including 
experts in public budgeting and accounting.

                          TITLE VII--REVENUES

SEC. 701. SENSE OF COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.

  It is the sense of the Committee on Transportation and Infrastructure 
of the House of Representatives that--
          (1) the environmental taxes, taxes on chemicals, and taxes on 
        petroleum that provide revenues to the Hazardous Substance 
        Superfund be reinstated for the period beginning January 1, 
        2000, and ending December 31, 2007;
          (2) the rate of tax and combination of taxes referred to in 
        paragraph (1) be commensurate with the revenue needs, based on 
        the amounts made available from the Hazardous Substance 
        Superfund pursuant to section 111 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 
        1980, as amended by this Act; and
          (3) the taxes that provide revenues to the Hazardous 
        Substance Superfund may be reauthorized at a lower rate, and 
        may decline over time, subject to meeting the requirements of 
        paragraph (2).

                          Purpose and Summary

    The purpose of H.R. 1300, the ``Recycle America's Land 
Act,'' is to amend the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA'') to encourage the 
redevelopment of brownfields; to provide liability defenses for 
certain parties who did not cause or contribute to 
environmental contamination; to provide exemptions from, and 
limitations on, Superfund liability for small businesses, 
generators and transporters of municipal solid waste and sewage 
sludge, and persons who send certain recyclable materials to 
legitimate recycling facilities; and to give statutory support 
for the remedy selection process currently in use by the 
Environmental Protection Agency (EPA).

                  Background and Need for Legislation


                            1. Existing Law

    To address uncontrolled releases of hazardous substances, 
Congress enacted the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980. The law established a 
$1.6 billion trust fund (largely financed by a tax on chemical 
and petroleum products); provided strict, joint and several 
liability for ``potentially responsible parties'' (PRPs); and 
gave the Environmental Protection Agency (EPA) authority to 
clean up sites and sue to recover its costs for having done so.
    In 1986, with the Superfund Amendments and Reauthorization 
Act (SARA), Congress established detailed rules for the 
selection of remedies, including a preference for treatment and 
a mandate that remedies comply with ``applicable or relevant 
and appropriate requirements'' incorporated from other Federal 
or more stringent state laws.
    In 1990, Congress extended Superfund's authorization and 
taxing authorities (an additional $5.1 billion) in the final 
hours of debate on the Omnibus Budget Reconciliation Act of 
1990. Authorization of appropriations was extended through 
September 30, 1994 and taxes through December 31, 1995. 
Notwithstanding the expiration of these authorizations, 
Congress has continued to fund the Superfund program out of the 
excess revenues that had built up in the Superfund Trust Fund. 
Through fiscal year 1999, Congress has appropriated $20.6 
billion for Superfund.

                           2. Current Program

    The Superfund program has a long and sometimes stormy 
history. Following the 1986 amendments, both the Bush and 
Clinton Administrations improved the implementation of the 
program. However, the program was not fulfilling Congressional 
expectations and attempts to legislatively reform the program 
were made in the 103rd, 104th, and 105th Congresses. When 
Congress failed to enact statutory reforms, the Environmental 
Protection Agency tried to reform the program administratively. 
Many of these administrative reforms have improved the program 
significantly, particularly the administrative reforms to 
remedy selection. In addition, building on the progress that 
has been made over the 19-year history of the program, the 
construction of remedies is now complete at 443 (35%) of the 
1281 sites currently on or proposed to the National Priorities 
List. In addition, 189 sites have been deleted from the 
National Priorities List, 180 because they were cleaned up (12% 
of all sites), and 9 because they were deferred to other 
cleanup programs. Despite this progress, Superfund remains 
controversial to many. There is concern that current law can 
deter the redevelopment of property that is or may be 
contaminated, and that Superfund's liability scheme has caused 
excessive litigation. There also are continuing concerns as to 
whether EPA is selecting remedies that go beyond what is 
necessary to protect human health or the environment, or 
whether EPA is allowing too much contamination to remain at the 
site.

a. Brownfields Redevelopment

    According to the General Accounting Office, there may be 
over 500,000 sites in the United States with an industrial past 
that could be considered to be brownfield sites. A brownfield 
site is generally considered to be an unused or underused 
industrial or commercial site, the redevelopment of which is 
impaired by the presence, or suspected presence, of 
contamination. In an April 1999 survey conducted by the U.S. 
Conference of Mayors, cities identified that lack of cleanup 
funds and concerns over liability as the top two impediments to 
redeveloping brownfield facilities. Availability of cleanup 
funds and liability issues are closely related. Although 
brownfield facilities are not on the Superfund National 
Priorities List, they may be subject to the Federal Superfund 
law. According to testimony from the U.S. Conference of Mayors 
at the May 12, 1999, hearing on H.R. 1300 held by the Water 
Resources and Environment Subcommittee, many of these sites are 
not being cleaned up because people are afraid that cleaning up 
these sites and redeveloping them will make them the target of 
Superfund liability, even at those sites where Superfund does 
not apply or enforcement action is unlikely. As a result, 
investment dollars are spend elsewhere, and many new projects 
are sited in areas that have no industrial past, contributing 
to urban sprawl.
    To address this concern, since 1989, EPA has had a policy 
of entering into ``prospective purchaser agreements'' with 
persons who acquire property with existing contamination if the 
new owner did not cause or contribute to that contamination. 
These agreements provide a covenant not to sue from EPA, 
protecting a new purchaser from a lawsuit by EPA for existing 
contamination. However, through 1998, EPA had finalized only 90 
of these agreements, each of which had to be reviewed and 
approved by the Department of Justice. Moreover, these 
agreements do not protect new property owners from third-party 
litigation. Thus, a statutory change to address prospective 
purchaser liability is warranted.
    Moreover, prospective purchaser agreements do not address 
the problem identified by the U.S. Conference of Mayors during 
the May 12, 1999, hearing on H.R. 1300--the problem of owners 
refusing to transfer contaminated property. Mayor Marshall of 
Macon, Georgia told the Subcommittee that many owners of 
abandoned or underutilized industrial facilities are unwilling 
to even investigate their property for fear of liability. As a 
result, former industrial propertyremains idle, and possibly 
contaminated, while sprawl continues.
    To provide additional incentives for brownfields 
redevelopment, in 1995 EPA began providing grants to local 
governments for brownfield site assessments. The purpose of 
these grants is to investigate property for potential 
contamination to facilitate its reuse. In 1997, EPA also began 
providing grants for establishing revolving loan funds to fund 
site cleanup. While EPA clearly has the authority to provide 
funding for site investigations, EPA has relied upon less 
specific authority in providing Superfund Trust Fund dollars 
for cleanup of brownfield sites. Moreover, because EPA is using 
section 104 of CERCLA (EPA's own response authority) as its 
authority for providing brownfield remediation grants and the 
Superfund Trust Fund is the source of the funding, brownfield 
remediation grant recipients are prohibited by statute from 
using the funding for removal of asbestos, lead paint, or 
petroleum products. These constraints greatly reduce the 
usefulness of this funding.

b. Liability

    Under current law, Superfund liability is strict and (in 
most cases) joint and several. To hold someone liable for 
cleanup costs, all that the government must show is that a 
person falls in one of the categories of liable parties under 
Superfund (owner, operator, generator, or transporter) at a 
facility at which there has been a release of hazardous 
substances. If you are an owner or operator, you are liable if 
hazardous substances have been released on the property. If you 
are a generator or transporter, you are liable if you sent any 
amount of material that meets the definition of a hazardous 
substance to a facility. Citing the Superfund statute's 
remedial purpose, courts have applied Superfund liability 
broadly. Most courts have not required a causal link between a 
person's activities and the harm alleged. In addition, unless 
the harm can be shown to be divisible, EPA can hold any one 
person liable for all of the costs of cleaning up a site.
    In 1986, Congress gave EPA additional tools to increase 
equity in enforcement. Specifically, Congress allowed EPA to 
pay a portion of the costs of cleaning up a site out of the 
Superfund Trust Fund (``mixed funding''), and gave EPA the 
authority to establish non-binding allocations of 
responsibility. EPA was slow to use these tools, in part 
because of lack of separate funding for these initiatives and 
fear of criticism for using public money for cleanups where 
private parties were liable.
    In addition, in 1989, to advance its goal of increasing the 
number of cleanups conducted by private parties, EPA adopted an 
``enforcement first'' policy. Under this policy, EPA, through 
an agreement or an order, seeks to compel private parties to 
conduct cleanups. This policy has resulted in more potentially 
responsible party (PRP) lead cleanups and a notable increase in 
the number of cleanups overall, but also has contributed to a 
great deal of contentious third-party litigation (i.e., 
lawsuits by the private parties against other potentially 
liable private parties).
    Recently, as an administrative reform, EPA has tried to 
reduce third-party litigation by providing separate de minimis 
settlements for parties who contributed one percent or less of 
the volume of waste to a site. According to EPA's Superfund 
Reforms Annual Report for FY 1998, EPA has completed 
settlements with 18,000 de minimis parties, of which 12,000 
received settlements in the past 6 years.
    However, this reform has not addressed all of the concerns 
of small parties with the Superfund program. Under this reform, 
EPA contacts de minimis parties directly, informs them of their 
potential liability, and offers them a settlement. These small 
parties are often confused by the Superfund statute and process 
and do not understand why they may be responsible for cleanup 
costs. In testimony before the Water Resources and Environment 
Subcommittee, the National Federation of Independent Business 
described this process, as utilized at the Quincy Landfill 
Superfund Site, as an ``ongoing nightmare for small businesses, 
their families, friends, and neighbors in Quincy, Illinois.''

c. Remedy

    In recent years, in response to concern that remedies 
selected for particular sites did not adequately consider the 
expected future use of that site, EPA policies have allowed for 
remedies to be tailored to expected future uses. This allows 
EPA to select a remedial option that relies less on treatment 
and more on restricting uses of the property to ensure 
protectiveness. For example, because exposure to hazardous 
substances will be less, higher concentrations of hazardous 
substances may be left on-site at future industrial property 
than future residential property. In many instances, this has 
resulted in less expensive cleanup options not involving 
treatment. Currently, only about 1/3 of Superfund cleanups 
involve active treatment of the hazardous substances at the 
site. Both EPA Administrator Carol Browner and Assistant 
Administrator Timothy Fields have testified before 
Congressional committees that the cost of cleaning up a 
Superfund site has been reduced by approximately 20%, on 
average, as a result of EPA's administrative reforms concerning 
remedy. EPA's Superfund Reforms Annual Report for FY 1998 also 
reports that by updating older remedies, and by providing for 
headquarters review of high cost remedies, EPA has been able to 
save over $1 billion in estimated cleanup costs.
    These cost savings are particularly significant because EPA 
has determined that, in many instances, experience with the 
program indicates that lower cost remedies may provide long 
term protection of human health and the environment, 
eliminating the need for many high cost remedies that had been 
selected before EPA's remedy reforms were put in place. As Mr. 
Fields testified before the Water Resources and Environment 
Subcommittee on April 10, 1997, EPA has achieved these cost 
reductions by using reasonable assumptions about current and 
future land use, and by implementing ``smart ground water 
cleanup.'' According to Mr. Fields ``smart ground water 
cleanup'' means ``phasing response actions, controlling and 
reducing contamination sources to facilitate more effective 
cleanup of dissolved contamination, increased use of monitored 
natural attenuation, better coordination with States on 
defining beneficial uses, andmaking proper adjustments during 
cleanup implementation.'' Mr. Fields, at the April 10, 1997, hearing, 
testified that it would be helpful for Congress to codify EPA's 
administrative remedy reforms.

          3. Status and Future of the National Priorities List

    As of September 1999, the National Priorities List (NPL) 
consisted of 1223 facilities. In addition, 58 facilities have 
been proposed and are awaiting final listing, for a total of 
1281 proposed and final facilities. Over the 19-year period of 
the Superfund program, 189 sites have been deleted from the NPL 
(180 because they were cleaned up and 9 because they were 
deferred to other cleanup programs). At least 50 of the deleted 
sites required no remedial action. Of the sites currently on 
the NPL, 443 have completed construction of the remedy. In 
addition, 459 sites on the NPL have cleanup construction 
underway, and an additional 214 have had some on-site activity, 
in the form of a removal action. This means that 107 sites, 
approximately 9% of sites listed on the current NPL, have seen 
no cleanup activity at all.
    The number of sites that will be added to the NPL in the 
future is uncertain. The trend in recent years has been 
downward and the Committee expects that trend to continue. In 
November 1998, the General Accounting Office reported that, of 
the 3036 sites currently in EPA's database of sites where there 
has been a release of a hazardous substance (CERCLIS), EPA and 
State officials expect only 232 of these sites to be added to 
the Superfund National Priorities List.

                             4. Conclusion

    H.R. 1300, the Recycle America's Land Act, addresses 
barriers to brownfields redevelopment caused by CERCLA by 
protecting cleanup volunteers and brownfield redevelopers from 
Federal liability, and by providing grants for site assessment 
and cleanup revolving loan funds. H.R. 1300 addresses CERCLA 
liability through liability defenses for innocent landowners 
(including brownfields redevelopers), and liability exemptions 
and limitations for small businesses, recyclers, and persons 
who send garbage to Superfund sites. H.R. 1300 encourages 
continued use of EPA's administrative remedy reforms by 
requiring EPA to determine future land use and groundwater use, 
and by giving statutory approval to EPA's policy of applying 
the preference for treatment only to principal threats. The 
Committee expects these reforms to reduce litigation and 
expedite cleanup, thereby increasing the protection of human 
health and the environment.
    H.R. 1300 also addresses the future of the Superfund 
program by providing an eight-year authorization of the 
Superfund program, with declining authorization levels 
beginning in fiscal year 2004. The bill also calls for an 
eight-year reauthorization of the taxes that fund the Superfund 
Trust Fund, at levels that match the revenue needs, to avoid 
building up a surplus in the Trust Fund.

    Discussion of Committee Bill (H.R. 1300) and Section-by-Section 
                                Analysis


                  Title I--Brownfields Revitalization

Section 101. Savings provision

    Section 101 is a savings provision that expressly preserves 
the President's authority to respond to any release of a 
hazardous substance under section 104 of CERCLA at any site, 
including brownfield sites. This section makes clear that 
nothing in Title I of H.R. 1300 removes the Federal response 
authority following a brownfield cleanup. The President always 
retains authority to take action to protect human health and 
the environment. The limitations placed upon the President only 
address a person's Federal liability for additional cleanup 
activities after that person has already performed a cleanup 
under State law, and EPA decides to use its response authority 
at the site.

Section 102. Brownfields

    Section 102 adds new section 127 to title I of CERCLA to 
address brownfield facilities. This section addresses the major 
impediments to brownfields redevelopment identified by an April 
1999 survey conducted by the U.S. Conference of Mayors by 
providing Federal assistance for site assessments and cleanups, 
and by addressing the CERCLA liability issues that have 
deterred redevelopment. New section 127 includes:
    (a) Definitions.--New section 127(a) defines brownfield 
facilities, identifies the entities eligible to receive grants 
(including States and local governments), and provides other 
definitions. The definition of brownfield facility defines what 
facilities are eligible for assistance under this section. The 
Committee notes that pilot projects funded under the 
Brownfields Redevelopment Initiative, established by the 
Environmental Protection Agency (EPA), excluded many brownfield 
facilities, due to statutory restrictions on the use of money 
from the Superfund Trust Fund. In particular, Trust Fund money 
may not be used to clean up asbestos, lead-based paint, or 
petroleum. These restrictions are not applicable to grants 
provided under this section. First, new section 127 is separate 
from section 104 of CERCLA and does not include any of the 
restrictions on response found in section 104. Second, new 
section 127 is funded from general revenues and not from the 
Superfund Trust Fund, and is not limited by the restrictions on 
the uses of the Fund found in section 111 of CERCLA and in the 
Internal Revenue Code.
    (b) Brownfield Assessment Grant Program.--New section 
127(b) requires the President to establish a program to provide 
grants for inventory and assessment of brownfield facilities. 
This subsection includes application requirements and criteria 
for the President to use to evaluate the applications. Each 
grant may not provide more than $200,000 for a single 
brownfield facility.
    (c) Brownfield Remediation Grant Program.--New section 
127(c) requires the President to establish a program to provide 
grants for capitalization of revolving loan funds. After 
establishing a revolving loan fund, an eligible entity may make 
loans for the purpose of carrying out remedial actions at one 
or more brownfield facilities to a State, a site owner or a 
site developer (including the eligible entity itself, as long 
as that entity follows the same rules applicable to other loan 
recipients, such as repayment of the loan in a timely manner). 
This section gives the eligible entity the flexibility to 
structure the terms and conditions of loans to best meet the 
purpose of brownfield redevelopment. For example, such funds 
may provide low and, where necessary, even zero interest loans.
    If the entity receiving a grant under this section is a 
local government, that local government may set aside 10% of 
the grant for the purpose of developing and implementing a 
brownfields remediation program, including health monitoring 
and monitoring and enforcement of institutional controls. This 
set aside addresses two issues. The first issue was raised by 
the EPA Inspector General in a March 27, 1998, audit report on 
EPA's Brownfields Redevelopment Initiative. In this report, the 
Inspector General noted that to sustain brownfield 
redevelopment efforts cities will need to develop their own 
expertise in redevelopment and environmental matters. For 
example, one city that received funding under EPA's brownfields 
assessment pilot program used this funding to hire a contractor 
to complete site assessments, but when those assessments were 
completed, the city did not have technical staff to review 
them. The 10% set aside allows cities to use some of the grant 
money to develop their own brownfield programs, including in-
house staff. This set aside should be considered ``seed money'' 
to encourage cities to develop their own in-house expertise and 
should not be considered a continuing source of funding for 
city employees.
    The second issue was raised by the National Association of 
County and City Health Officials (NACCHO) in testimony on H.R. 
1300 during the May 12, 1999, hearing of the Water Resources 
and Environment Subcommittee. At that hearing, NACCHO brought 
the role of local public health officials in brownfields 
redevelopment to the attention of the Subcommittee and 
requested that the purposes of the brownfields grants be 
expanded to include funding for that role. The Water Resources 
and Environment Subcommittee responded by adopting an amendment 
adding the 10% set-aside.
    New section 127(c) also includes application requirements 
and ranking criteria for the President to use to evaluate the 
applications. Under the ranking criteria, the President 
evaluates an eligible entity's proposed program for 
establishing a remediation revolving loan fund, and does not 
evaluate individual remediation projects. This section caps the 
maximum grant per eligible entity at $1,000,000. This is an 
annual limitation.
    (d) General Provisions.--New section 127(d) establishes 
general provisions applicable to both the brownfield assessment 
grant program and the brownfield remediation grant program. 
Under this subsection, the President is authorized to require 
grant recipients to meet certain terms and conditions. For 
brownfields remediation grants, these terms and conditions 
relate to the eligible entity's proposed program for 
establishing a remediation revolving loan fund. The authority 
to include terms and conditions necessary to ensure proper 
administration of the grants does not give the President 
authority to condition receipt of a grant on an agreement to 
allow the President to approve which sites are selected for 
remediation or to oversee remediation activities.
    The Committee does not anticipate that EPA, or any other 
Federal entity administering the brownfields grant program 
authorized by this section, will monitor individual projects, 
develop scopes of work, or oversee operational matters. The 
Committee intends the President to ensure that brownfields 
programs receiving assistance under this section meet the 
requirements of this section, including the requirement to 
comply with all applicable Federal and State laws, by auditing 
an appropriate number of grants, as provided in new section 
127(d)(2). Because these cleanups are not being conducted under 
the Federal program, the requirements of the National 
Contingency Plan relating to response actions are not 
applicable to grants funded under new section 127.
    (e) Approval.--New section 127(e) requires the President to 
evaluate and approve grants based on ranking criteria. Grants 
under this section are provided in a particular fiscal year. 
Nothing in new section 127 prevents an eligible entity from 
seeking an additional grant in a subsequent fiscal year. 
However, such a grant application would be evaluated with all 
other grant applications, based on the ranking criteria, which 
can take prior funding into account under the criteria related 
to need for financial assistance.
    (f) Authorization of Appropriations.--New section 127(f) 
authorizes such sums as may be necessary out of the General 
Fund to carry out this section.

Section 103. Assistance for voluntary cleanup programs

    Section 103 adds new section 128 to title I of the Act to 
authorize $25,000,000 a year for eight years for assistance to 
State voluntary cleanup programs. A State may seek funding for 
one or more of the eligible purposes set forth in new section 
128(b). The President may not place conditions on this funding 
that are unrelated to the purposes for which the funding is 
provided. If a State receives assistance for site inventories 
and assessments under this section in a fiscal year, that State 
is not eligible for a brownfields assessment grant under new 
section 127(b) for that fiscal year.

Section 104. Enforcement in cases of a release subject to a State 
        response action

    Section 104 adds new section 129 to title I of the Act to 
prohibit the use of enforcement authorities under CERCLA by any 
person other than a State at a facility at which a cleanup is 
being conducted or has been completed in compliance with a 
State law that specifically governsresponse actions for the 
protection of public health and the environment. However, as the 
following provisions of this section make clear, this prohibition is 
not absolute:
    (a) Enforcement.--Under new section 129(a), the prohibition 
on Federal enforcement applies only to facilities that are not 
listed or proposed for listing on the National Priorities List. 
As a result, there is no bar on Federal enforcement under 
CERCLA at facilities that the President determines present a 
significant enough risk to identify as a national priority. 
Moreover, under new section 129(a), this prohibition applies 
only to enforcement actions against the person who is 
conducting or has conducted the cleanup under State law. 
Persons who do not step forward and conduct a cleanup are 
afforded no protections under this section.
    (b) Exceptions.--Under new section 129(b), the President 
retains the authority to use CERCLA enforcement authorities 
under any one of four circumstances: (1) the State requests the 
President to take enforcement action, (2) the President 
determines that response actions are immediately required to 
prevent, limit, or mitigate an emergency and the State will not 
take action in a timely manner, (3) the Agency for Toxic 
Substances and Disease Registry issues a public health advisory 
with respect to the facility, or (4) the President determines 
that contamination has migrated across a State line, resulting 
in the need for further response action and the affected States 
will not take action in a timely manner.
    (c) Report to Congress.--Under new section 129(c), if the 
President does use CERCLA enforcement authorities under the 
authority retained under subsection (b), the President must 
submit a report to Congress describing the legal and factual 
basis for this action.
    To encourage more cleanups at brownfield sites, this 
section gives cleanup volunteers some certainty about the risk 
that they take when they step forward and agree to clean up a 
site. Under this section, these cleanup volunteers know that 
their liability will be limited to the actions required by the 
State cleanup officials, unless one of the specific exceptions 
set forth in subsection (b) is met. The Committee expects this 
section to address the concern raised by the U.S. Conference of 
Mayors at the May 12, 1999, hearing on H.R. 1300, that, if 
faced with open-ended potential liability, site owners will 
``moth-ball'' brownfield property, and will not allow it to be 
redeveloped. The Committee does not expect this provision to 
result in an increase in EPA-financed removal actions at 
brownfield facilities. Neither EPA nor any other person brought 
to the Committee's attention an example of a facility where EPA 
took a response or enforcement action after completion of a 
cleanup under a State response program.

Section 105. Additions to National Priorities List

    Many communities seek to avoid listing a facility within 
the community on the Superfund National Priorities List because 
of the negative impact such a designation can have on property 
values and the local economy. Many communities also fear that 
listing their facility on the National Priorities List could 
delay cleanup.
    This section amends section 105 of CERCLA to add a new 
subsection (h) to address when the listing of a facility on the 
National Priorities List should be deferred.
            (a) NPL Deferrals
    Under new subsection (h)(1), the President is expected to 
defer listing a facility on the National Priorities List if 
long-term remedial action is being conducted under other 
Federal authorities. This provision codifies EPA's existing 
policies of deferring facilities to other Federal remedial 
authorities where such other authorities are applicable.
    Under new subsection (h)(2), the President is expected to 
defer listing a facility on the National Priorities List if 
remedial action that will provide long-term protection of human 
health and the environment is underway under a State response 
program.
    Under new subsection (h)(3), the President is directed to 
defer final listing of a facility on the National Priorities 
List if a State is attempting to obtain an agreement from 
parties to perform a remedial action that will provide long-
term protection of human health and the environment. The 
Committee believes that this provision will create a strong 
incentive for parties to agree to work with State authorities 
to clean up a site.
    Under new subsection (h)(3), the President may propose the 
facility to the National Priorities List, but may not place the 
facility on the final list unless one year has passed from the 
date of proposal, and the President determines that the State 
is not making reasonable progress toward obtaining a cleanup 
agreement. EPA presented data to the Water Resources and 
Environment Subcommittee during a hearing on March 12, 1997, 
that suggests that it takes EPA over two years, on average, 
from the time EPA proposes a facility to the National 
Priorities List to the time a remedial investigation and 
feasibility study is completed. Based on EPA's own data, the 
deferral required under this paragraph should not lead to any 
delay in cleanup. When determining what constitutes reasonable 
progress, the President should include reasonable time spent 
studying a site and evaluating remedial options, prior to the 
selection of a remedy.
            (b) Cross reference
    The subsection makes a technical change to section 105(a) 
to add a cross-reference to new section 105(h).

          Title II--Community Participation and Public Health

Subtitle A--Community Participation

Section 201. Improving citizen and community participation in 
        decisionmaking

    Section 201 amends section 117 of CERCLA to enhance the 
opportunities for citizens and communities to participate in 
remedial actions at Superfund sites.
    (a) Technical Amendments.--Section 201(a) makes technical 
amendments, redesignating existing provisions of section 117.
    (b) Participation in Decisionmaking.--Section 201(b) amends 
section 117(a) to provide for meaningful public participation 
in and notice of every significant phase of a response action 
at a covered facility.
    (c) Alternatives, Selecting Appropriate Activities; 
Providing Information.--Section 201(c) amends section 117(a) to 
require consideration of remedial alternatives proffered by the 
community, and to provide affected parties with information 
about every significant phase of a response action.

Section 202. Additional information requirements

    Section 202 adds a new subsection (b) to section 117 of 
CERCLA to place additional requirements for information on the 
President, including making information regarding the response 
action publicly available and informing the general public 
about the risks posed by the site. The Committee expects EPA to 
be very careful and accurate when it informs communities 
affected by the release of hazardous substances of the risks 
posed by those hazardous substances. It undermines EPA's 
credibility when the Agency informs a community that a site 
poses a serious risk, and later tells the community that the 
risk posed by the site is low.
    New section 117(b) also requires the President to provide 
information to the public on releases of hazardous substances 
from Superfund sites at every significant phase of the response 
action. This requirement does not place any additional burdens 
on any party that is performing a response action. The source 
of this information is intended to be data that is already 
collected as part of the response action. If data is not 
readily available, the President is to make best estimates.

Section 203. Technical assistance grants

    Section 203 redesignates section 117(e) of CERCLA as 
section 117(d) and expands this provision to authorize 
technical assistance grants at facilities that have been 
proposed to the National Priorities List and significant 
Federal removal actions, as well as final National Priorities 
List facilities. New section 117(d) eliminates the requirement 
in current law that a grant recipient provide 20% matching 
funds. New section 117(d) also expands authorized grant 
activities.

Section 204. Understandable presentation of materials

    Section 204 amends section 117 of CERCLA to add a new 
subsection (e) to require the President to ensure that 
information distributed to the public is easily understood by 
the community. This includes providing information both orally 
and in writing in languages other than English.

Section 205. Public participation in removal actions

    Section 205 amends section 117 of CERCLA to add a new 
subsection (f) to specify the requirements for public 
participation at removal actions.

Section 206. Community study

    Section 206 amends section 117 of CERCLA to add a new 
subsection (g) to require EPA to prepare and submit to Congress 
a study on Superfund activities in communities, the 
characteristics of the communities in which the Superfund 
activities take place, and the relative risks being addressed. 
The purpose of this study is to determine if listing decisions 
are being made, and EPA resources are being spent, in a fair 
and equitable manner, regardless of the population, race, 
ethnicity, and income characteristics of the community affected 
by a facility that is listed or proposed for listing on the 
National Priorities List.

Section 207. Definitions

    Section 207 amends section 117 of CERCLA to add a new 
subsection (h) to provide definitions of ``covered facility'' 
and ``affected community.'' These terms are used in the 
community participation and public health provisions as amended 
by H.R. 1300.

Subtitle B--Human Health

Section 221. Public health authorities

    (a) Disease Registry and Medical Care Providers.--Section 
221(a) amends section 104(i)(1) of CERCLA regarding the 
requirement in current law to establish a disease registry and 
makes technical amendments regarding referral to health care 
providers.
    (b) Substance Profiles.--Section 221(b) amends section 
104(i)(3) to require that toxicological profiles of hazardous 
substances be based on scientific development and peer reviewed 
data. This amendment also requires public distribution of such 
profiles.
    (c) Determining Health Effects.--Section 221(c) revises 
aspects of health effects research under section 104(i)(5).
    (d) Public Health at NPL Facilities.--Section 221(d) 
revises section 104(i)(6) to allow preliminary health 
assessments or health consultations before ATSDR commits to 
full public health assessments at facilities and requires that 
such assessments take into account the needs and conditions of 
the affected community and increase community involvement. This 
amendment also requires EPA to place the highest priority on 
facilities with releases of hazardous substances, which result 
in actual ongoing human exposures at levels of public health 
concern, as identified by ATSDR.
    (e) Health Studies.--Section 221(e) amends section 
104(i)(7)(A) to broaden the information ATSDR may consider 
before deciding to conduct a health study.
    (f) Distribution of Materials to Health Professionals and 
Medical Centers.--Section 221(f) amends section 104(i)(14) to 
expand the distribution of health and risk information to the 
public.
    (g) Grants, Contracts, and Community Assistance 
Activities.-- Section 221(g) amends 104(i)(15) to increase the 
ability of ATSDR to fund, work with, and serve public or 
private non-profit entities and communities affected by the 
release of hazardous substances.
    (h) Peer Review Committee.--Section 221(h) amends section 
104(i) to add a new paragraph 19 to require ATSDR to establish 
an external peer review committee.
    (i) Conforming Amendments.--Section 221(i) makes technical 
conforming amendments.

Section 222. Indian health provisions

    Section 222 amends section 104(i) of CERCLA to include 
reference to the Indian Health Service and to require 
consideration of subsistence activities in public health 
assessments.

Section 223. Hazard ranking system

    Section 223 amends section 105(c) of CERCLA to require the 
President to place the highest priority on facilities with 
actual human exposure to releases. This amendment is consistent 
with the amendment to section 104(i)(6)(a)(iii) made by section 
221(d). This section also requires EPA to take prior response 
actions into account when determining whether or not to list a 
facility on the National Priorities List.

Section 224. Facility scoring

    Section 224 amends section 105(h) of CERCLA to require EPA 
to identify and evaluate facilities on Indian reservations or 
in poor rural or urban areas as possible facilities for listing 
on the National Priorities List.

                      Title III--Liability Reform

Section 301. Amendments to section 106

    (a) Sufficient cause.--Section 301(a) amends section 
106(b)(1) of CERCLA to allow EPA to issue an administrative 
order to a person, even if another person is complying with the 
terms of the same order or another order pertaining to the same 
release, as long as the elements of section 106 are met. This 
subsection also defines what constitutes ``sufficient cause'' 
for establishing a defense for noncompliance with an order.
    (b) Limitation on Liable Parties.--Section 301(b) adds a 
new subsection (d) to section 106 to preclude a Federal agency 
or department that is itself liable for the costs of a response 
action at a facility from using section 106 authority to order 
other parties to perform that response action. In August 1996, 
Executive Order 13016 gave the Department of Defense, the 
Department of Energy, the Department of Commerce, the 
Department of Agriculture, and the Department of the Interior 
authority to issue cleanup orders under section 106 of CERCLA. 
In 1998, these departments signed a memorandum of agreement 
stating that a department will not use this authority if a 
release of hazardous substances is ``directly and primarily 
attributable to [its] operations and activities.'' The standard 
established by this memorandum of agreement is not a legal 
standard applicable to all parties at a facility. Under current 
law, these departments remain 100% liable for costs of 
responding to releases at the facilities they own and operate 
and the Committee does not believe that it is appropriate to 
allow one liable party to order another liable party to perform 
a response action.
    Section 302 of the bill establishes a defense to liability 
applicable to some parties who do not cause or contribute to 
contamination at a site. If a Federal agency or department can 
demonstrate that it is an innocent landowner under the 
amendments to section 107(b) made by section 302 of this Act, 
then the Federal agency or department would retain the 
authority to order a response action under section 106. If it 
cannot demonstrate that it is are an innocent landowner, it 
remains liable for all costs of responding to a release of 
hazardous substances at the Federal facility, including any 
release that may present an imminent and substantial 
endangerment. At Federal facilities where Department of 
Defense, the Department of Energy, the Department of Commerce, 
the Department of Agriculture, and the Department of the 
Interior may be liable parties and unable to issue cleanup 
orders under section 106, the Environmental Protection Agency 
retains its authority, and may use it to order any potentially 
liable party, including the Federal agency, to respond to a 
release that may present an imminent and substantial 
endangerment.

Section 302. Innocent parties

    (a) Liability Relief For Innocent Parties.--Section 302(a) 
amends the defenses to CERCLA liability under section 107(b) of 
CERCLA to provide certain defenses for some persons who did not 
cause or contribute to the contamination of a facility, as 
follows:
    (1) In General.--New section 107(b)(1) retains the defenses 
to CERCLA liability found in current law, which includes the 
``third-party'' defense under which a potentially liable party 
may demonstrate that a release is caused solely by the act or 
omission of an unrelated third-party. New section 107(b)(1) 
also makes a technical amendment to section 107(b) with respect 
to the ability of railroad common carriers to assert the third-
party defense. Under current law, railroad common carriers may 
assert the third-party defense if their only contractual 
relationship to the person who caused the release of hazardous 
substances is the carriage of goods under a published tariff. 
However, following enactment of the Staggers Rail Act, most 
rail shipments move under contracts filed with the Surface 
Transportation Board, not published tariffs. As common 
carriers, railroads are obligated to accept goods, including 
hazardous substances, for transport. There is no reason to 
differentiate whether the railroad transported such materials 
under a tariff or a contract.
    (2) Liability Relief for Innocent Parties.--New section 
107(b)(2) establishes a new affirmative defense for certain 
innocent parties. Subparagraph (A) of new section 107(b)(2) 
replaces the innocent landowner defense currently found in the 
definition of ``contractual relationship'' in section 101(35) 
of CERCLA, making the innocent landowner defense a separate 
defense from the ``third-party'' defense.
    Because CERCLA is a strict liability statute, courts hold 
persons liable simply because of their status as an owner or 
operator of contaminated property, regardless of whether that 
person had anything to do with the contamination. The existing 
``third-party'' defense applies only if the owner or operator 
had no contractual relationship with the person who caused the 
contamination, or if the owner or operator purchased the 
property and was unaware that the property was contaminated. As 
a result, the existing ``third-party'' defense does not apply 
to brownfield redevelopment and a person may become liable 
under CERCLA simply because they invest in property that has an 
industrial past and is or may be contaminated. To avoid this 
potential liability, much development takes place in areas with 
no industrial past, increasing urban sprawl. CERCLA, a remedial 
statute that is intended to protect human health and the 
environment, may lead to a different and unintended 
environmental harm by creating incentives for the destruction 
of open green space.
    Recognizing this unintended consequence, EPA, as well as 
many State and local governments, have instituted programs to 
encourage the redevelopment of property that is or may be 
contaminated. As early as 1989, EPA began to encourage 
redevelopment by offering ``prospective purchaser'' agreements. 
Under these agreements, a person who acquires property after 
all disposal takes place and who did not cause or contribute to 
the contamination, is given a covenant not to sue from EPA, 
even though these ``prospective purchasers'' acquired property 
with full knowledge that it is or may be contaminated. Many 
States have enacted voluntary cleanup programs that provide 
covenants not to sue under State law. In addition, many cities 
have programs to encourage investment in distressed properties. 
These Federal, State, and local programs are often called 
brownfield redevelopment programs. Despite the efforts of 
Federal, State, and local brownfield redevelopment programs, 
only a statutory change can affect legal standards of Federal 
liability. To remove this unintended consequence of CERCLA, new 
section 107(b)(2)(A) provides an innocent landowner defense 
applicable to brownfield redevelopers and prospective 
purchasers.
    Under new section 107(b)(2)(A), a person who is a 
potentially liable party under CERCLA solely based on the 
person's status as an owner or operator may establish a defense 
to that liability by demonstrating that the person acquired the 
facility after all disposal or placement of hazardous 
substances for which liability is alleged. As used in this 
section, the Committee intends ``disposal or placement'' to 
mean active measures taken by the owner or operator. The 
Committee intends the issue of what actions must be taken to 
address any spread of contamination to be addressed through the 
requirement to undertake ``appropriate care,'' not through the 
definition of ``disposal or placement.''
    Releases of hazardous substances for which no CERCLA 
liability is alleged will not preclude an owner or operator 
from establishing a defense to liability under section 
107(b)(2)(A). Thus, a facility may operate and release 
hazardous substances under a Clean Air Act permit, or a Clean 
Water Act permit and still assert a defense to liability. 
Similarly, a facility may have hazardous substances that have 
been released, but require no response.
    To establish an innocent landowner defense, a person also 
must demonstrate that the person exercised ``appropriate care'' 
with respect to the hazardous substances. And, if the person 
acquired ownership of a facility after the date of enactment of 
CERCLA, the person must demonstrate that prior to the 
acquisition, the person made ``all appropriate inquiry'' into 
the previous ownership and uses of the facility. These two 
requirements are addressed in paragraphs (3) and (4) of new 
section 107(b)(2), discussed below.
    If the person acquired the facility before the date of 
introduction of H.R. 1300 (March 25, 1999), the person also 
must demonstrate that the person did not know and had no reason 
to know that hazardous substances had been released at the 
facility, unless the person expanded, developed, or redeveloped 
a commercial or industrial facility under a Federal, State or 
local program for the redevelopment of property that is or may 
be contaminated. This exception would apply to all brownfields 
redevelopment activity undertaken by a Federal, State or local 
government itself as well as to other persons who participate 
in brownfield redevelopment programs under the auspices of such 
governmental entities.
    Under new section 107(b)(2)(B) a person who is a 
potentially liable party under CERCLA solely based on the 
person's status as an owner or operator may establish a defense 
tothat liability by demonstrating that the person acquired the 
facility by inheritance or bequest after all disposal or placement of 
hazardous substances had taken place, did not cause or contribute to 
the contamination, and exercised appropriate care with respect to any 
hazardous substances on the property.
    Under new section 107(b)(2)(C) a person who is a 
potentially liable party under CERCLA based solely on the 
person's status as an owner or operator may limit that 
liability to the actual proceeds of the sale of the facility if 
the person can demonstrate that the person is a non-profit 
organization that received title to the property as a 
charitable donation, did not cause or contribute to the 
contamination, and exercised appropriate care with respect to 
any hazardous substances on the property.
    Under new section 107(b)(2)(D), a governmental entity who 
is a potentially liable party under CERCLA based solely on the 
entity's status as an owner or operator of a facility through 
escheat or other involuntary transfer, eminent domain, or by 
granting a license or permit to conduct business, may establish 
a defense to that liability by demonstrating that the 
governmental entity acquired the facility after all disposal or 
placement of hazardous substances had taken place, did not 
cause or contribute to the contamination, and exercised 
appropriate care with respect to any hazardous substances on 
the property. Under section 101(20) of CERCLA, governments who 
acquire property involuntarily are excluded from the definition 
of owner or operator. Under section 107(b)(2)(D), the exercise 
of eminent domain authority or merely granting a license or 
permit, which are not involuntary actions, do not subject a 
governmental entity to CERCLA liability if the governmental 
entity can establish the conditions of the defense.
    Under new section 107(b)(2)(E), an owner or operator of a 
sewage treatment works may establish a defense to liability 
under CERCLA by demonstrating that the treatment works was 
subject to and in compliance with the pretreatment requirements 
of section 307 of the Clean Water Act applicable to the 
hazardous substances, pollutants, and contaminants that are the 
subject of the response action, and the release or threatened 
release was not caused by failure to maintain the treatment 
works, or by other conduct that constitutes gross negligence or 
intentional misconduct. New section 107(b)(2)(E) applies a 
negligence standard to certain sewage treatment works because 
these entities have limited control over what enters the 
treatment system. Moreover, for toxic pollutants, the levels of 
hazardous substances entering a sewage treatment system are 
governed by the General Pretreatment Regulations, first 
promulgated under section 307 of the Clean Water Act in 1981. 
If an indirect discharger violates Federal pretreatment 
requirements or the pretreatment requirements developed by the 
sewage treatment works in compliance with section 307, and 
illegally disposes of other pollutants through the sewers, an 
owner or operator of a sewage treatment works may not even be 
aware of it. Under this subparagraph, the owner or operator of 
a sewage treatment works with a pretreatment program meeting 
the requirements of section 307 of the Clean Water Act would 
not be held liable under CERCLA under such circumstances, as 
long as they did not contribute to the release by failure to 
maintain the sewage treatment works.
    To demonstrate that it did not fail to properly operate and 
maintain the treatment works the Committee intends sewage 
treatment works to have operation and maintenance plans that 
encompass best management practices at the time of the release 
or threat of release, and to comply with the provisions of 
those plans.
    Nothing in this bill reverses the outcome of any 
adjudicated case or opens any settlement. Accordingly, any 
settlement of CERCLA liability by any sanitary sewer 
commission, is not overturned by this provision.
    Under new section 107(b)(2)(F), a person who is a 
potentially liable party under CERCLA based solely on the 
person's status as an owner or operator of a public right-of-
way (other than a railroad right-of-way or railroad property) 
may have a defense to liability if the person can demonstrate 
that the person did not cause or contribute to the threatened 
release. Under this subparagraph, for example, if a truck 
carrying hazardous substances overturns due to driver error, 
the owner or operator of the road may have a defense to 
liability. On the other hand, if the road was not properly 
maintained and this factor contributed to the accident that 
resulted in the release, the owner or operator of the road may 
not be able to establish this defense.
    Under new section 107(b)(2)(G), a person who is a 
potentially liable party under CERCLA as an owner based solely 
on the person's status as a railroad that owns or operates a 
railroad spur track that crosses a facility that is owned and 
operated by someone else, may assert a defense to liability if 
the spur track provides access to a main or branch railroad 
line, is not more than 10 miles long, and the railroad did not 
cause or contribute to the release or threatened release of a 
hazardous substance. It is common for railroads to deliver raw 
materials and pick up finished products from manufacturing 
facilities via a rail spur that crosses the property on which 
the manufacturing facility is located. That manufacturing 
facility may have released hazardous substances from its 
operations. The mere fact that a railroad crosses a 
manufacturing facility with a spur track should not in and of 
itself create the possibility that the railroad is liable for 
the contamination at that manufacturing facility. Under this 
subparagraph, the railroad would have the opportunity to 
demonstrate that it did not cause or contribute to the release, 
and thereby avoid such liability.
    Under new section 107(b)(2)(H), a construction contractor 
may have a defense to CERCLA liability if the contractor can 
demonstrate that the contractor's liability is based solely on 
construction activities specifically directed by and carried 
out in accordance with a contract with an owner or operator of 
a facility, the contractor did not know of the presence of 
hazardous substances, and the contractor exercised appropriate 
care with respect to any hazardous substances found during the 
construction activity. A typical construction project may 
include digging or other earth-moving operations. In the course 
of constructing a project, it is possible that a construction 
contractor may discover buried tanks or drums that may contain 
hazardous substances. Some courts have held that, under a 
strict reading of CERCLA, a plaintiff may seekto hold a 
construction contractor strictly liable for cleaning up any tanks or 
drums it may find while performing a construction job. Under this 
subparagraph, a construction contractor can defend itself from such 
liability, if it can demonstrate that it meets the conditions of the 
defense.
    (3) Appropriate Care.--New section 107(b)(3) provides that 
a determination whether a party treats hazardous substances 
with ``appropriate care,'' to meet the innocent party defenses 
provided under new section 107(b)(2), be made on a case-by-case 
basis. The existing ``third-party'' defense requires a person 
to exercise ``due care.'' The Committee intentionally used the 
term ``appropriate care'' rather than ``due care'' to establish 
a different standard of care for those parties whose 
association with a facility begins only after all disposal or 
placement of hazardous substances has occurred. This standard 
should be sufficiently flexible based upon the nature of the 
contamination, the characteristics of the site, and the risks 
to human health and the environment that the contamination 
poses.
    Under paragraph (3), if a party takes reasonable steps to 
stop continuing releases, prevent future releases, and prevent 
or limit human or natural resource exposure to any previously 
released substance, the party will be deemed to have exercised 
appropriate care. Finally, if another person is already 
responding to the release, a person may be deemed to have 
exercised appropriate care by cooperating with the responding 
party and providing facility access.
    (4) All Appropriate Inquiry.--New section 107(b)(4) 
provides that a determination whether a party makes all 
appropriate inquiry into the previous ownership and uses of a 
facility, be made on a case-by-case basis, consistent with the 
``all appropriate inquiry'' requirement under current law in 
section 101(35) of CERCLA. New section 107(b)(4) also provides 
that persons who conduct an environmental assessment in 
accordance with standards set forth in American Society for 
Testing and Materials Standards (ASTM) E1527-94 are deemed to 
have met the ``all appropriate inquiry'' requirement. Of 
course, conducting additional investigation beyond what is 
called for in the ASTM standards will not remove someone from 
this ``safe harbor,'' as long as the minimum requirements of 
the ASTM standards are met. No purchaser need fear losing the 
benefit of the ``safe harbor'' of compliance with the ASTM 
standard by doing more than is required by that standard. In 
addition, if a State or Federal environmental or health agency 
with jurisdiction over response actions has itself conducted an 
investigation of the facility, and, based on the level of risk 
posed by the facility, has determined that no further response 
action is needed, a person who is acquiring the facility need 
not duplicate the efforts of the governmental agency and may 
rely upon the governmental agency's investigation. A 
governmental determination of no further response action based 
upon a deferral to activities under some other State or Federal 
cleanup program is insufficient to meet the requirement of 
``all appropriate inquiry.''
    (5) Limitations.--New section 107(b)(5) provides that a 
defense under section 107(b) is not available to persons who 
obtain actual knowledge of a release of a hazardous substance 
and transfer the property without disclosing the release, 
persons who knowingly and willingly impede a response action or 
natural resource restoration, persons who do not provide all 
legally required notices with respect to any releases of 
hazardous substances, and persons (other than a person who 
acquires property by inheritance or bequest) who are affiliated 
with another liable party.
    (6) Windfall Liens.--New section 107(b)(6) gives the United 
States a lien on property where the United States incurs 
response costs that are not recovered from another party, and 
the owner or operator of the facility successfully raises an 
innocent party defense to liability under section 107(b)(2).
    (b) Rendering Care or Advice.--Section 302(b) amends the 
exclusion from liability for State and local governments that 
respond to emergencies created by releases or threatened 
releases of hazardous substances found at section 107(d)(2) of 
CERCLA to include Tribal governments, and to include actions by 
such governments to improve water quality protection at 
abandoned mine sites.
    This amendment addresses situations like that faced by the 
East Bay Municipal Utility District in California. For years, 
acid mine drainage from Penn Mine discharged into creeks which 
flowed into the Mokelumne River, and ultimately to the East Bay 
Municipal Utility District's Camanche Reservoir. In 1978, the 
utility district, working with the State regional water quality 
control board, built a series of dams and ponds to reduce the 
discharge of toxic pollutants from the mine. Even though its 
actions were taken to protect the municipal water supply, East 
Bay Municipal Utility District was sued by an environmental 
group and was held liable as an operator of the mine under the 
Clean Water Act. Under this amendment, the utility district is 
protected from any additional liability under CERCLA.
    (c) Clarification of Liability for Contiguous Property 
Owners.--Section 302(c) amends the definition of ``owner or 
operator'' found at section 101(20) of CERCLA to exclude 
contiguous property owners from this definition. Under this 
amendment, a person is not liable under CERCLA for the 
migration of hazardous substances on to the person's property 
from a facility that is under separate ownership or operation, 
as long as the person did not cause or contribute to the 
release or threatened release, and is not affiliated with 
another liable party.
    (d) Conforming Amendments.--Section 302(d) makes a 
technical conforming amendment by striking paragraph (35) of 
section 101, because the innocent landowner defense is now 
found in section 107(b) of CERCLA, not in a definition.

Section 303. Statutory construction

    Section 303 amends section 107(f) of CERCLA to make any 
brief or motion of the United States regarding the 
interpretation of section 107(f), when acting as a defendant in 
anaction under CERCLA, admissible in an action brought by the 
United States, when acting as a plaintiff.

Section 304. Livestock treatment

    Section 304 amends section 107(i) of CERCLA to add a new 
paragraph to encourage the reuse of certain agricultural lands 
where ``cattle vats'' were formerly located, without fear of 
CERCLA liability. Under new paragraph (2) of section 107(i), 
there is no liability under section 107 for the application of 
a pesticide product where that application is in compliance 
with a State or Federal law to prevent, suppress, control, or 
eradicate any dangerous, contagious, or infectious disease or 
any vector organism for such disease.

Section 305. Liability relief for small business, municipal solid 
        waste, sewage sludge, municipal owners and operators, and de 
        micromis contributors

    Section 305 streamlines CERCLA liability and reduces 
litigation by eliminating or capping liability for certain 
categories of parties and for certain types of waste.
    (a) Limitation on Liability for Small Business.--Section 
305(a) amends section 107 of CERCLA to add new subsection (o) 
to exempt small business concerns from CERCLA liability for 
generator and transporter activities occurring before the date 
of introduction (March 25, 1999). Small business concern is 
defined as a business with, on average over the 3 years 
preceding the date the small business concern is notified by 
the President that the entity is a potentially responsible 
party, not more than 75 full-time employees (or the equivalent 
thereof) and no more than $3,000,000 in gross revenues. The 
exemption does not apply to a small business concern if its 
hazardous substances have contributed, or contribute, 
significantly to the costs of the response action. This new 
subsection recognizes that small businesses typically have not 
paid significant cleanup costs because of a limited ability to 
pay. The cost of pursuing a settlement with these small 
businesses can often exceed the share of response costs that 
may be recovered. Rather than spend resources pursuing such 
parties, it is more efficient to remove these parties from the 
liability system and have their share of response costs paid by 
the Superfund Trust Fund.
    (b) Liability Relief for Municipal Solid Waste and Sewage 
Sludge.--Section 305(b) amends section 107 of CERCLA to add new 
subsections (p) and (q) to establish exemptions from and 
limitations on liability with respect to municipal solid waste 
and sewage sludge.
    New subsection (p) provides exemptions and limitations for 
generators and transporters of municipal solid waste or 
municipal sewage sludge at landfill facilities. For municipal 
solid waste and sewage sludge that was disposed of before the 
date of enactment of this Act, new subsection (p) provides most 
generators and transporters with an exemption from liability. 
However, subsection (p) allows the President to hold a person 
liable under section 107(a)(4) if the person is in the business 
of transporting municipal solid waste or sewage sludge for 
disposal and that person transported material containing 
hazardous substances that has contributed, or contributes, 
significantly to the costs of response at the facility. As 
provided in new section 107(t) (added by this section of the 
bill), the liability of exempted parties is transferred to the 
Superfund Trust Fund. Moreover, the aggregate liability of all 
municipal solid waste and sewage sludge generators and 
transporters at a facility is capped at 10% of the response 
costs. As a result, in any allocation under new section 131 
(added by section 310 of this bill), or in any contribution 
claim against the Trust Fund under new section 107(t), the 
commercial hauler's equitable share of response costs due to 
transporting municipal solid waste or sewage sludge shall be 
based on its equitable share of up to 10% of the aggregate 
response costs.
    For municipal solid waste and sewage sludge that is 
disposed of after the date of enactment of this Act, only 
certain small municipal solid waste generators and transporters 
are exempted from liability. The aggregate liability of all 
other generators and transporters of municipal solid waste and 
sewage sludge is capped at 10% of response costs. After 3 years 
from the date of enactment, this liability cap will not apply 
unless the landfill facility that receives these materials is 
located within a municipality that has instituted or 
participates in a qualified household hazardous waste 
collection program. The small municipal solid waste generators 
and transporters who remain exempt from liability are owners, 
operators, or lessees of residential property, businesses that 
meet the definition of a small business concern under the Small 
Business Act and employ no more than 100 individuals at the 
relevant location, and non-profit organizations described in 
501(c)(3) of the Internal Revenue Code with no more than 100 
paid individuals at the relevant location. Notwithstanding new 
subsection (p), the President retains the prosecutorial 
discretion to offer settlements to liable parties based on 
other factors, including the factors outlined in EPA's ``Policy 
for Municipality and Municipal Solid Waste CERCLA Settlements 
at NPL Co-Disposal Sites'' (Feb. 1998).
    New section 107(p) applies only to the portion of a 
person's waste stream that meets the definition of municipal 
solid waste and sewage sludge. A person remains subject to 
liability under section 107(a) for any portion of the person's 
waste stream that does not meet these definitions. If wastes 
meeting the definition of municipal solid waste or municipal 
sewage sludge are collected and disposed of with wastes not 
meeting these definitions, a person's liability under section 
107(a) for the wastes that do not meet these definitions, and 
any equitable allocation of that liability under this Act, 
shall be based on such wastes only. For example, if a person 
disposed of 100 cubic yards of material meeting the definition 
of municipal solid waste and 3 drums of hazardous waste, the 
exemptions or limitations on liability under subsection (p) 
would apply to the portion of the waste stream that consisted 
of municipal solid waste, even if the 3 drums of hazardous 
waste were placed in the same dumpster. Similarly, the 
liability for the 3 drums of hazardous waste would be 
unaffected by having been mixed with the municipal solid waste.
    Municipal solid waste is defined in new subsection (p) as 
waste generated by households (including single and multi-
family residences, and hotels and motels) and waste 
materialsgenerated by commercial, institutional, and industrial 
sources, to the extent that such materials (i) are essentially the same 
as waste materials normally generated by households, or (ii) are 
collected and disposed with municipal solid waste and contain no more 
hazardous substances than would qualify for the de micromis exemption 
under new section 107(r). For example, an industrial source could 
dispose of a de micromis amount of hazardous substances along with 
material that is essentially the same as waste materials generated by 
households, and all of the wastes would meet the definition of 
municipal solid waste.
    The definition of municipal solid waste specifically 
includes certain items such as food, packaging, containers, and 
household hazardous waste. This definition specifically 
excludes waste from manufacturing or processing operations, 
unless such waste is essentially the same as waste normally 
generated by households. The Committee intends food wastes from 
the manufacture or processing of food items to be covered by 
the definition of municipal solid waste where such waste is 
essentially the same as waste normally generated by households, 
regardless of volume.
    New section 107(q) limits the aggregate liability of all 
municipal owners and operators of co-disposal landfills for 
response costs incurred after the date of introduction of H.R. 
1300 (March 25, 1999), to the lesser of 10% of the total amount 
of response costs at the facility (for municipalities with 
populations under 100,000) and 20% of the total amount of 
response costs (for municipalities with populations of 100,000 
or more), or the costs of complying with Subtitle D of the 
Solid Waste Disposal Act.
    (c) De Micromis Exemption.--Section 305(c) amends section 
107 of CERCLA to add new subsection (r) to exempt generators 
and transporters from liability if they contribute no more than 
110 gallons or 200 pounds of material containing hazardous 
substances, unless the President determines that such material 
has contributed, or contributes, significantly to response 
costs.
    (d) Ineligibility for Exemptions or Limitations.--Section 
305(d) amends section 107 to add new subsection (s) to make 
persons who impede response actions or natural resource 
restorations, fail to respond to information requests, or fail 
to provide cooperation and facility access ineligible for the 
exemptions from and limitations on liability under new 
subsections (o), (p), (q), and (r) of section 107, section 
114(c), and section 130.
    (e) Exempt Party Funding; Concluded Actions; Oversight 
Costs.--Section 305(e) amends section 107 to add new 
subsections (t), (u), and (v) to section 107.
    New section 107(t) establishes a mechanism to provide Trust 
Fund funding to pay for liability exemptions or limitations. 
Under subsection (t), the equitable share of liability that is 
extinguished through an exemption or limitation on liability 
under new subsections (o), (p), (q), and (r) of section 107, 
new section 114(c), and new section 130 is generally 
transferred to and assumed by the Trust Fund. There is an 
exception to this general rule for the liability of small 
municipal solid waste generators and transporters whose 
liability is extinguished under new section 107(p)(3). No 
liability is transferred based on that exemption. This 
subsection makes the Trust Fund a potentially liable party, 
subject to a claim for contribution to response costs filed by 
other potentially responsible parties under section 113 of 
CERCLA. The Trust Fund's share can be established by 
settlement, by an allocator (at facilities subject to an 
allocation under new section 131), or by a court. The Trust 
Fund's share may be paid only from the separate account 
established under new section 111(a)(1).
    New section 107(u) specifies that exemptions and 
limitations on liability do not apply to concluded actions, 
including settlements or judgments that are approved, or 
administrative action that becomes effective, not later than 30 
days after the date of enactment.
    New section 107(v) limits recovery of EPA's oversight costs 
to 10 percent of the costs of the response action at sites 
where the parties disclose their costs to the Administrator. 
New subsection (v) provides incentives for EPA to increase its 
efficiency. It also provides an incentive for private parties 
to share data with EPA on the costs of response actions.
    (f) Small Business Ombudsman.--Section 305(f) requires EPA 
to establish a small business Superfund assistance section 
within the small business ombudsman office of EPA.

Section 306. Amendments to section 113

    Section 306 amends section 113(f) of CERCLA to clarify the 
scope of authority to bring a contribution claim under section 
113(f) and to require a plaintiff that brings an action against 
a person who is exempt from liability or who is determined to 
be covered by the contribution protection under section 113 to 
pay that person's attorney's fees.

Section 307. Liability of response action contractors

    Section 307 clarifies the liability of Response Action 
Contractors (RACs) under CERCLA to facilitate the prompt 
cleanup of hazardous waste sites, including sites on the 
National Priorities List, brownfield facilities, and voluntary 
cleanup actions, in an expeditious, innovative, and cost-
effective manner.
    (a) Extension of Negligence Standard.--Section 307(a) 
amends Section 119(a) of CERCLA by extending the preexisting 
negligence standard for RACs under Federal law to State law 
claims. This language ensures that State laws are respected, 
and not preempted, by these RAC liability clarifications by 
making section 119 inapplicable in States where the State has 
enacted a law determining the liability of a response action 
contractor.
    (b) Clarification of Liability.--Section 307(b) amends 
section 119(a) to clarify the relation of section 119 of 
CERCLA, governing the liability of RACs, to CERCLA's other 
liabilityprovisions. Section 119 is intended to be the sole 
basis for determining the liability of RACs for their activities as 
response action contractors.
    (c) Extension of Indemnification Authority.--Section 307(c) 
amend section 119(c) to enhance EPA's discretionary authority 
to provide indemnification for claims brought against RACs. 
Contractual indemnification of RACs by EPA has generally not 
been provided in recent years unless the risks involved affect 
both the market for insurance coverage for the work and the 
willingness of firms to perform cleanup services.
    (d) Indemnification for Threatened Releases.--Section 
307(d) amends section 119(d) to clarify that the indemnities 
provided under this section apply to threatened releases, as 
well as actual releases, consistent with the scope of potential 
liability under CERCLA.
    (e) Extension of Coverage to All Response Actions.--Section 
307(e) amends section 119(e) of CERCLA to modify the definition 
of response action contract to specify that Section 119 applies 
to any response action as defined under CERCLA. This is 
particularly important with the increase in brownfields 
remediation and voluntary cleanup activities under State law.
    (f) Limitation on Actions.--Section 307(f) amends section 
119 to add a new subsection (h) to establish a uniform statute 
of repose for RACs. This new subsection specifies that a RAC's 
legal exposure for CERCLA liability remains for six years after 
completion of work at any facility. This statute of repose does 
not apply to claims for gross negligence or intentional 
misconduct or claims in States that have adopted a separate 
statute of repose for response action contractor liability.

Section 308. Amendments to section 122

    (a) Administrative Settlements.--Section 308(a) amends 
section 122 of CERCLA by adding new subsection (n), which 
allows a private party to challenge an administrative 
settlement that would include contribution protection if that 
settlement would curtail that party's claim against the 
settling party. To keep EPA from entering into inequitable 
settlements with any party, large or small, parties that are 
affected by proposed settlements have the right to intervene 
when EPA files a settlement with the court. Under current law, 
this right of intervention is absent when EPA chooses to settle 
using its administrative authority, rather than through a 
judicial consent decree. This section provides additional 
protection against inequitable settlements by giving affected 
parties the right to object to administrative settlements as 
well.
    (b) Final Covenants.--Under current law, the President has 
a limited ability to issue final covenants not to sue to 
settling parties. Section 308(b) amends section 122(f) of 
CERCLA to require the President to issue final covenants not to 
sue settling parties if such parties perform response actions, 
there are reasonable assurances for the performance of a 
response action, and the settling party pays a premium. This 
amendment gives the President discretionary authority to 
provide final covenants not to sue in other circumstances. This 
amendment also expands the authority of the President to omit 
reopener provisions in consent decrees if the settlement 
premium (which may be waived or reduced based on ability to 
pay) adequately addresses unknown future conditions or remedy 
failure.
    (c) Expedited Final Settlements.--Section 308(c) amends 
section 122(g) of CERCLA to allow expedited final settlements 
for parties whose contribution to the release of hazardous 
substances at the facility is de minimis, and for natural 
persons, small businesses, and municipalities who can 
demonstrate a limited ability to pay. This amendment also 
clarifies the respective roles of the Administrator and the 
Department of Justice in entering into settlements of fines, 
civil penalties, punitive damages, and response costs. Under 
new section 122(g), the liability of a small business is 
extinguished if EPA fails to offer a de minimis settlement to 
the small business within 180 days of determining that its 
contributions are de minimis, unless the delay was beyond the 
control of the President. New section 122(g) also precludes EPA 
from requiring a small business (with 100 employees or fewer) 
from paying a liability premium.
    (d) Municipality Defined.--Section 308(d) amends section 
101 of CERLCA to add a definition of the term ``municipality'' 
to the Act.

Section 309. Clarification of liability for recycling transactions

    (a) Recycling Transactions.-- Section 309(a) adds new 
section 130 to CERCLA to address certain recycling 
transactions, as follows:
          (a) Liability Clarification.--Under new section 
        130(a), a person who arranges for the recycling of a 
        recyclable material, as defined in this section, by 
        means of a transaction that is covered by this section, 
        is not liable as a generator or transporter under 
        CERCLA. The requirements of section 130 establish a 
        safe harbor for certain recycling transactions. If a 
        person meets the conditions set forth in this section, 
        the person will not be liable as a generator or 
        transporter of a hazardous substance under CERCLA. 
        However, persons who do not meet the requirements of 
        section 130 are not per se liable under CERCLA. For all 
        transactions that do not fall within the scope of the 
        liability protections provided under new section 130, 
        the Committee intends that determinations of liability 
        be made under section 107(a), on a case-by-case basis 
        applying the individual facts and circumstances of each 
        transaction, without regard to the requirements of new 
        section 130.
          (b) Recyclable Material Defined.--New section 130(b) 
        defines recyclable material as scrap paper, plastic, 
        glass, textiles, rubber, metal, spent batteries, and 
        used oil. This definition excludes certain shipping 
        containers and materials with PCB concentrations in 
        excess of 50 ppm.
          (c) Transactions Involving Scrap Paper, Plastic, 
        Glass, Textiles, or Rubber.--New section 130(c) sets 
        forth the conditions under which transactions involving 
        scrap paper, scrap plastic, scrap glass, scrap 
        textiles, or scrap rubber will be deemed arranging for 
        recycling.
          (d) Transactions Involving Scrap Metal.--New section 
        130(d) sets forth the conditions under which 
        transactions involving scrap metal are deemed arranging 
        for recycling. Scrap metal is defined as pieces of 
        metal parts, or metal pieces that may be combined 
        together with bolts or solders, as well as certain 
        metal byproducts from the production of copper and 
        copper based alloys. Scrap metal does not include 
        materials that the Administrator excludes by 
        regulation.
          (e) Transactions Involving Batteries.--New section 
        130(e) sets forth the conditions under which 
        transactions involving batteries are deemed to be 
        arranging for recycling. For lead-acid batteries, a 
        person must have been in compliance with applicable 
        Federal environmental regulations or standards 
        regarding the recycling of lead-acid batteries. For 
        nickel-cadmium and other spent batteries, a person who 
        arranges for the recycling of batteries is potentially 
        covered by the liability protections of new section 130 
        only if the arrangement took place after the effective 
        date of Federal environmental regulations regarding the 
        storage, transport, management, or other activities 
        associated with recycling such batteries and the person 
        was in compliance with such regulations. Such 
        regulations were promulgated by EPA on May 11, 1995, as 
        part of the ``Universal Waste Rule,'' and went into 
        effect on the date of promulgation. As a result, for 
        nickel-cadmium and other spent batteries (other than 
        lead-acid batteries), only transactions occurring on or 
        after May 11, 1995, are potentially covered by the 
        liability protections of new section 130.
          (f) Transactions Involving Used Oil.--New section 
        130(f) sets forth the conditions under which 
        transactions involving used oil are deemed to be 
        arranging for recycling. As with batteries, a person 
        who arranges for the recycling of used oil is 
        potentially covered by the liability protections of new 
        section 130 only if the arrangement took place after 
        the effective date of Federal environmental regulations 
        regarding the management of used oil and the person was 
        in compliance with such regulations. EPA promulgated 
        its ``Used Oil Management Standards'' on September 10, 
        1992, with an effective date of March 8, 1993. As a 
        result, only used oil recycling transactions occurring 
        on or after March 8, 1993, are potentially covered by 
        the liability protections of new section 130.
          In its used oil rulemaking, EPA determined that where 
        used oils are properly managed it is unnecessary to 
        list used oils as hazardous wastes. The Used Oil 
        Management standards are designed to address the 
        potential mismanagement of used oil that had caused 
        problems in the past. New section 130(f) provides 
        liability protections only for recycling of used oil in 
        compliance with these management standards. As a 
        result, the Committee does not expect this provision to 
        result in any cost to the Trust Fund. Instead, the 
        Committee expects this provision to increase protection 
        of the environment by providing incentives for proper 
        management of used oil.
          One deterrent to oil recycling is the lack of 
        convenient locations for collecting used oil. According 
        to a 1997 survey conduced by the Commonwealth of 
        Massachusetts, only 33% of those surveyed said they 
        would be willing to return used oil if they had to 
        travel more than 15 minutes. At present, service 
        station dealers are provided with an incentive to 
        collect ``do-it-your-selfer'' used oil for recycling 
        through an exemption from CERCLA liability under 
        section 114 of CERCLA. However, other potential 
        collectors, including States, municipalities and many 
        retail outlets that sell oil, do not enjoy the same 
        protections. If more collection programs were 
        established, hopefully less oil would be disposed of 
        improperly. Under new section 130(f), a State or other 
        entity could establish a collection program without 
        fear of CERCLA liability, as long as that entity 
        complied with the Used Oil Management Standards, and 
        met the other requirements of this section.
          The requirements of this section include a 
        prohibition on mixing the oil with any hazardous 
        substances after the oil is removed from service. This 
        requirement ensures that persons who engage in improper 
        disposal of hazardous substances by mixing them with 
        used oil do not benefit from this provision. This 
        requirement does not remove the protections provided to 
        the operator of a used oil collection system who 
        receives used oil from a ``do-it-your-selfer,'' even if 
        that oil has been mixed with other hazardous 
        substances. Under new section 130(g)(1)(B), a person 
        who collects used oil for recycling from the ``do-it-
        your-selfer,'' could receive contaminated oil and 
        remain eligible for the liability protections of this 
        section as long as the person did not have an 
        objectively reasonable basis to believe that hazardous 
        substances had been added to the used oil, and the 
        person continues to meet all the other requirements of 
        this section and the Used Oil Management Standards.

          Used oil is defined as any oil refined from crude 
        oil, or any synthetic oil that has been used or stored. 
        Oils containing PCBs are excluded from the definition.

          (g) Exclusions.--New section 130(g) provides 
        exclusions from the liability protections of section 
        130. A person is not protected from liability under 
        this section if the person had an objectively 
        reasonable belief that the recyclable material would 
        not be recycled, the recyclable material (other than 
        used oil meeting used oil specifications) would be 
        burned, or the recycling facility was not in compliance 
        with the law. A person also is ineligible if the person 
        has reason to believe hazardous substances were added 
        to the recyclable material for reasons other than 
        processing for recycling, or failed to exercise 
        reasonable care.

          (h) Effect on Owner Liability.--New section 130(h) 
        confirms that this section does not affect the 
        liability of owners and operators.

          (i) Relationship to Liability Under Other Laws.--New 
        section 130(i) clarifies that this section does not 
        affect any person's liability under any law other than 
        CERCLA.

          (j) Limitation on Statutory Construction.--New 
        section 130(j) clarifies that this section does not 
        affect any rights, defenses or liabilities with respect 
        to any transaction involving a material that is not a 
        recyclable material, as defined in this section. A 
        person who engages in recycling transactions not 
        covered by new section 130 may nonetheless be able to 
        establish a defense to CERCLA liability. Moreover, new 
        section 130 does not relieve any plaintiff of the 
        burden of proof that elements of liability are met in 
        any action under this Act.

    (b) Service Station Dealers.--Section 309(b) amends section 
114(c) of CERCLA to broaden the exemption from liability for 
service station dealers who collect used oil for recycling to 
include used oil recycling by such persons before the March 8, 
1993, effective date of the Used Oil Management Standards. The 
purpose of this provision is to protect service station dealers 
from liability for the service they have provided by collecting 
and recycling used oil. This amendment also provides a service 
station dealer that itself removes oil from engines with the 
same rebuttable presumption that such oil is not mixed with 
other hazardous substances as applies to oil received from 
``do-it-your-selfers.''

Section 310. Allocation

    Section 310 adds new section 131 to CERCLA. This section is 
intended to reduce third-party litigation by requiring all 
parties to halt their lawsuits and participate in a neutral 
allocation of response costs. This section also increases the 
fairness of CERCLA liability by providing parties with the 
opportunity to settle their liability under CERCLA based on 
their fair share of response costs.
    (a) Purpose of Allocation.--New section 131(a) defines the 
purpose of allocation as the determination of the equitable 
shares of response costs, including the equitable share to be 
borne by the Trust Fund, at facilities on the National 
Priorities List.
    (b) Eligible Response Action.--New section 131(b) makes 
removal or remedial actions at facilities on the National 
Priorities List eligible for an allocation if the performance 
of the action is not the subject of a decree or administrative 
order, there are unrecovered costs of over $2 million, and 
there are response costs attributable to the Trust Fund. The 
unrecovered response costs for a removal or remedial action 
exceed $2 million if the difference between any cash out 
settlements at facility attributable to that removal or 
remedial action, and the President's estimate of total cost of 
the removal or remedial action is greater than $2 million. 
There are response costs attributable to the Trust Fund if (1) 
there are there are potentially responsible parties who are 
insolvent or defunct, (2) the United States has entered into 
any ``ability to pay'' settlements with respect to the removal 
or remedial action, or (3) any potentially responsible parties 
are exempted from liability or have their liability limited 
under subsection (o), (p), or (q) of section 107, or section 
114(c), or section 130.
    The President may not exclude removal or remedial actions 
from the allocation process, thereby undermining the purpose of 
reducing litigation and increasing fairness, by simply 
declaring that there is no Fund share. Such a determination 
should be based on a review of all existing information, 
including information provided by other potentially responsible 
parties. In practice, most response actions at disposal or 
treatment facilities with multiple parties are likely to 
involve at least some costs attributable to parties that are 
insolvent or defunct, or eligible for an exemption or 
limitation on liability. For such sites, the Committee expects 
the President will be fair and reasonable in predicting whether 
there is a Fund share.
    In contrast, there will not always be a Fund share at 
facilities where all of the potentially responsible parties are 
owners or operators (``chain-of-title'' facilities). In fact, 
removal or remedial actions at chain-of-title sites are not 
eligible for an allocation (and therefore a Fund share under 
new section 131(i)) unless the current owner is insolvent or 
defunct. The President may include the assets of parties 
affiliated with the current owner for the purpose of 
determining whether the current owner is insolvent or defunct. 
The purpose of this provision is to prevent a person from 
making a fraudulent conveyance for the purpose of creating an 
insolvent owner, therefore making a response action eligible 
for an allocation.
    (c) Discretionary Allocation Process.--New section 131(c) 
allows the President to initiate an allocation for any removal 
or remedial action at a facility on the National Priorities 
List. This authority includes the authority to provide a Fund 
Share under section 131(i) for such actions.
    (d) Allocation Process.--New section 131(d) requires the 
President ensure that a fair and equitable allocation of 
response costs is undertaken for eligible removal or remedial 
actions at an appropriate time by a neutral allocator under a 
process agreed to by the parties. This requirement places a 
nondiscretionary duty on the President. The President may not 
refuse to initiate an allocation for an eligible removal or 
remedial action. The Committee expects the President will 
initiate an allocation as early as practicable at a site.
    The details of the allocation process are to be governed by 
agreement among the parties. The Committee expects the parties, 
by consensus, to address time frames, nomination of additional 
parties, confidentiality, and procedures for issuing an 
allocation report in the procedures agreed to by the parties.
    (e) Early Offer of Settlement.--Where there will likely be 
a Fund share, new section 131(e) requires the President to make 
an early offer of settlement that includes a Fund share. 
Experience with the allocation pilot projects conducted by EPA 
and the Department of Justice demonstrated that offering a Fund 
share may be sufficient to reach a settlement.
    (f) Representation of the United States and Affected 
States.--New section 131(f) allows the Department of Justice 
and EPA to participate in the allocation as a representative of 
the Fund,and allows any State that may be responsible for 
response costs as part of a State cost share to participate as well.
    (g) Moratorium on Litigation.--New section 131(g) provides 
a moratorium on litigation with respect to the response action 
for which an allocation has been initiated. This moratorium 
prevents all parties from filing new actions and stays all 
pending cost recovery and contribution actions until 150 days 
after issuance of the allocator's report.
    (h) Effect on Principles of Liability.--New section 131(h) 
clarifies that the allocation process does not modify 
principles of liability under CERCLA.
    (i) Fund Share.--New section 131(i) requires the allocator 
to determine the share of response costs to be allocated to the 
Fund consisting of costs attributable to parties who are not 
affiliated with any other potentially responsible party and 
whom the President determines are insolvent or defunct, parties 
with whom the United States has settled for less than their 
equitable share based on ability to pay considerations, exempt 
parties, and the amount attributable to parties whose liability 
is capped, to the extent that their equitable share exceeds 
that cap. The Committee intends the President to apply the 
relevant State corporation law when determining which parties 
are insolvent or defunct.
    (j) Certain MSW Generators.--New section 131(j) precludes 
the allocator from attributing response costs to households, 
small business and small non-profit municipal solid waste 
generators who are protected from liability under new section 
107(p)(3).
    (k) Unattributable Share.--New section 131(k) allows the 
equitable share of response costs that cannot be attributed to 
any party to be spread among all parties. A response cost is 
not unattributable if a party responsible for such costs can be 
identified. For example, a generator of wastes may not be 
identified, but the transporter may be known. In that case, the 
costs of responding to such wastes can be attributed to the 
transporter, and are not unattributable.
    (l) Expedited Allocation.--New section 131(l) allows the 
allocator, at the request of the allocation parties, to provide 
an estimate of the aggregate Fund share, to assist the parties 
in reaching settlement with the United States, without 
completing the entire allocation process.
    (m) Other Settlements.--New section 131(m) ends the 
allocation process if the parties come forward with a private 
allocation that covers at least 80% of the response costs. This 
amendment also affirms the President's authority under section 
122(g) to enter into expedited settlements at any time during 
an allocation.
    (n) Settlements Based on Allocations.--New section 131(n) 
allows a party to settle based on its equitable share in the 
allocation report, if the Administrator and Attorney General do 
not reject the allocation report. To fulfill the goal of 
reducing litigation and increasing fairness, the Committee 
expects that rejection of an allocation will be extremely rare.
    The availability of Federal funding for the Fund share 
should not be a basis for rejecting an allocation. If, at the 
time the allocation is complete, the President does not have 
sufficient money to obligate the full Fund share established by 
an allocation, the Committee expects the President to proceed 
in a manner that preserves the equitable results of the 
allocation.
    (o) Reimbursement of UAO Performance.--New section 131(o) 
provides reimbursement where performing parties expend more 
than their allocated share of response costs when complying 
with an administrative order. This provision serves two 
purposes. First, it ensures that the President does not use 
authority to issue cleanup orders under section 106 of CERCLA 
to circumvent the President's obligation to provide for a fair 
and equitable allocation of response costs. Second, it ensures 
that the President does not attempt to make orphan share 
funding available only if a party waives its rights to 
challenge a remedy.
    (p) Post-Settlement Litigation.--New section 131(p) allows 
the United States to proceed with litigation against non-
settling parties. This provision provides a significant 
incentive for parties who might otherwise be recalcitrant to 
agree to conduct a cleanup. Under current law, once EPA obtains 
the agreement from one or more parties to perform a cleanup, 
EPA plays no role in getting additional parties to contribute 
their fair share. Instead, the performing parties must file 
contribution claims against the recalcitrant parties. However, 
a contribution claim is not a joint and several claim, so the 
recalcitrant parties are given an advantage over the performing 
party, because they cannot be held liable for more than their 
share of response costs. Under new section 131 this situation 
is reversed. It is the settling party who pays its fair share 
and the recalcitrant party who is vulnerable to joint and 
several liability, because EPA, bringing a cost recovery action 
under section 107, is responsible for pursuing recalcitrant 
parties.
    (q) Response Costs.--New section 131(q) states that costs 
of the allocation process and costs incurred for the Fund share 
are response costs. These costs will be allocated to the 
parties of the allocation, including the Fund share. This also 
ensures that EPA can seek recovery of any unrecovered costs in 
any post-settlement litigation against recalcitrant parties.
    (r) Federal, State, and Local Agencies.--New section 131(r) 
clarifies that Federal, State, and local agencies are subject 
to and entitled to the benefits of an allocation to the same 
extent as any other party.
    (s) Source of Funds.--New section 131(s) provides that 
payments by the Trust Fund or work performed on behalf of the 
Trust Fund to meet obligations under this section are funded 
from amounts made available under section 111(a)(1). This 
provision ensures that funding for the orphan share and 
liability exemptions and limitations does not compete with 
funding for the base Superfund program.
    (t) Savings Provisions.--New section 131(t) clarifies the 
President's retained authorities, notwithstanding the 
moratorium on litigation during an allocation.

         Title IV--Remedy Selection and Environmental Standards

Section 401. Remedy selection

    Title IV amends section 121 of CERCLA to give statutory 
support to EPA's successful administrative reforms of Superfund 
remedy selection. Otherwise, the amendments to section 121 do 
not alter the basic structure of remedy selection under section 
121(b) of CERCLA, pertaining to the selection of appropriate 
remedial actions.
    (a) General Rules.--Section 401(a) amends section 121(b), 
relating to the statutory preference for treatment, to state 
that EPA may implement this requirement through EPA's ``Guide 
to Principal Threat and Low Level Threat Wastes.'' Although 
this guidance was issued in November 1991, Remedial Project 
Managers have not always followed it at Superfund sites. For 
example, as pointed out by EPA's Remedy Review Board, Region 3 
failed to properly apply this guidance at the Jack's Creek 
Superfund site when the Region developed the proposed remedial 
action plan for that site. The Committee encourages EPA to 
continue to use its ``Guide to Principal Threat and Low Level 
Threat Wastes'' and to continue to review and update remedy 
decisions to ensure implementation by EPA Regions of EPA's 
administrative remedy reforms.
    This amendment also amends section 121(b) to add the 
effectiveness of a remedy in making contaminated property 
available for beneficial use as a factor to be taken into 
account in remedy selection.
    (b) Site Review Requirement.--Section 401(b) amends section 
121(c) to include a requirement to review the effectiveness of 
and compliance with any institutional controls during any 5-
year review.
    (c) Degree of Cleanup.--Section 401(c) amends section 
121(d) as follows:
    New paragraph (2) provides direction to the President on 
how to determine levels of human exposure to hazardous 
substances by requiring that exposure assessments be based on 
current and reasonably anticipated future uses. This provision 
also requires the President to use information on actual 
exposures to hazardous substances at a facility when conducting 
an exposure assessment, where such information is made 
available to the President and the President determines that it 
is valid and reliable. This requirement is consistent with the 
requirements of title II of this bill that EPA and ATSDR obtain 
actual exposure data from the community. New paragraph (2) also 
provides direction to the President on how to evaluate impacts 
of releases of hazardous substances on plants and animals. 
These provisions do not establish what levels of exposure to 
hazardous substances are protective of human health and the 
environment. That determination is left to EPA.
    New paragraph (3) requires the President to identify the 
reasonably anticipated uses of land, water, and other resources 
at and around the facility. For land uses, the President must 
solicit the views of interested parties, including the affected 
local community and the affected local government. This 
paragraph also gives Congressional approval to existing EPA 
guidance on identifying reasonably anticipated land uses. For 
water, this paragraph requires the President to identify water 
uses through a process that includes the solicitation of views 
of interested parties, including the affected State, the 
affected local government, the affected local community, and 
affected local water suppliers.
    In addition, new section 121(d)(3)(D) establishes a special 
set of rules for determining the reasonably anticipated uses of 
ground water. If the ground water is located in a State that 
has a comprehensive State ground water protection program that 
has provisions for making site-specific determinations of use 
and timing of use that has received the written endorsement of 
the President, the President is to use the State's 
determinations on use and timing that are based on such a 
program. This is consistent with EPA's guidance on ``The Role 
of CSGWPPs [Comprehensive State Ground Water Protection 
Programs] in EPA Remediation Programs,'' (OSWER Directive 
9283.1-09, Apr. 1997).
    If the ground water is located in a State that does not 
have such a ground water protection program, the Committee 
intends the President to identify ground water uses through a 
process that includes the solicitation of views of interested 
parties, including the affected State, the affected local 
government, the affected local community, and affected local 
water suppliers. The process utilized by EPA Region I pursuant 
to ``Groundwater Use and Value Determination Guidance, A 
Resource-Based Approach to Decision Making,'' (Apr. 1996), is a 
model for meeting this requirement. In addition, in conducting 
an analysis of groundwater uses, the President is directed to 
begin with the rebuttable presumption that ground water is 
drinking water if it is located in an aquifer that has been 
classified as a drinking water aquifer, or in an aquifer that 
has not been classified. Following the criteria used under the 
Safe Drinking Water Act, certain types of ground water are not 
considered to be drinking water. The provisions of this bill on 
identifying reasonably anticipated uses of ground water 
supercede EPA's 1986 ``Guidelines for Ground-Water 
Classification.''
    This amendment also gives Congressional approval to the 
phased approach to ground water remediation under EPA's 
presumptive ground water response strategy. As described in 
that guidance, ``[i]n a phased response approach, site response 
activities are implemented in a sequence of steps, or phases, 
such that information gained from earlier phases is used to 
refine subsequent investigations, objectives, or actions.'' 
Unless facts or circumstances indicate that other approaches 
are more appropriate for protection of human health and the 
environment, theCommittee intends the President to continue to 
employ this phased approach to ground water remediation.
    Finally, this amendment requires the President to identify 
possible institutional controls that meet the requirements of 
new section 121(g) when considering remedial alternatives that 
assume a restriction on future uses. It is critical that any 
expected institutional controls be identified early and not as 
an afterthought. This allows for full public disclosure and 
comment concerning those situations where there will be 
contamination left on site and uses of the site will be 
restricted.
    New paragraph (4) deletes the requirement in current law 
that remedies meet ``relevant and appropriate'' standards. 
However, the requirements to meet Maximum Contaminant Levels 
established under the Safe Drinking Water Act and water quality 
criteria under the Clean Water Act are retained, where relevant 
and appropriate under the circumstances of the release.
    New paragraph (7) states that there is no requirement to 
comply with standards that are below background levels.
    (d) States Adjoining Certain Facilities.--Section 401(d) 
amends section 121(f) of CERCLA to increase State involvement 
in remedy selection at certain DOE facilities by giving 
adjoining States the same rights in remedy selection as the 
State in which a facility is located.
    (e) Institutional Controls.--Section 401(e) amends section 
121 to add a new subsection (g) to establish minimum 
requirements for institutional controls. This new subsection 
also requires the President to maintain a registry of 
institutional controls and requires EPA to issue an annual 
report on the use of institutional controls in Superfund 
remedies.
    (f) Remedial Design.--Section 401(f) amends section 121 to 
add a new subsection (h) that requires, where appropriate and 
practicable, that the design of a remedy accommodate existing 
beneficial uses and expedite the return of contaminated 
property to beneficial use. The Committee intends this 
amendment to encourage EPA to be sensitive to issues 
surrounding existing beneficial uses, as well as potential 
redevelopment, at Superfund sites. With the enactment of this 
provision, the Committee does not expect the circumstance that 
arose at the Operating Industries Superfund site in California, 
where, until 1997, EPA had blocked redevelopment of an 
uncontaminated parcel, will repeat itself.

Section 402. Hazardous substance property use

    Section 402 amends section 104 of CERCLA to add new 
subsection (k) to provide the President with the authority to 
acquire, at fair market value, a hazardous substance easement 
where necessary as a component of the remedy to restrict the 
use of land or other resources at a Superfund site. Such 
easements may be used to establish the enforceability and long-
term reliability of institutional controls. The cost of 
acquiring an easement is a cost of response.

Section 403. Risk assessment standards

    Section 403 adds new section 132 to title I of CERCLA to 
require that risk assessments meet certain general principles. 
These principles are intended to be consistent with the 
recommendations of the President's Commission on Risk 
Assessment and Risk Management, in its 1997 Final Report in 
Risk Assessment and Risk Management in Regulatory Decision-
Making. Scientific and technical information and scientific 
evidence to be considered in risk assessments and 
characterizations under this section include the actual 
exposure information that the President must consider under new 
section 121(d)(2), as well as information obtained from the 
affected community by EPA and ATSDR under sections 117 and 
104(i) of CERCLA (as amended by title II of this Act), where 
such information is reasonably available, relevant, reliable, 
and valid.

                      title v--general provisions

Section 501. Trust fund defined

    Section 501 makes a technical correction to section 101(11) 
of CERCLA to clarify the section reference of the Superfund 
Trust Fund in the Internal Revenue Code.

Section 502. Indian tribes

    Section 502 amends section 126(a) of CERCLA to increases 
the role of Indian tribes in Superfund. This provision codifies 
EPA's ``Indian Policy'' (Nov. 8, 1984).
    Section 502 also amends section 126(c) to require the 
President to carry out a study of health impacts on Indian 
tribes from facilities on the National Priorities List located 
within the jurisdiction of a Federal Indian reservation.

Section 503. Grants for training and education of workers

    Section 503 amends section 126(g) of the Superfund 
Amendments and Reauthorization Act of 1986 to require that at 
least 20% of amounts made available for worker training and 
education grants be allocated to nonprofit organizations to 
train minority and community-based workers who are engaged in 
cleanup and response activities. In section 601(d) of the bill, 
the annual authorization for worker training and education 
grants is increased to $40 million.

Section 504. State cost share

    Section 504 amends section 104(c) of CERCLA to set the 
State cost share for Fund-financed cleanups at 10% of costs of 
a remedial action, and 10% of operation and maintenance costs.

Section 505. State and local reimbursement for response actions

    Section 505 amends section 123 of CERCLA to authorize 
reimbursement of States, as well as local governments, for 
removal actions, not to exceed $25,000 for a single response by 
a local government or $25,000 for a single response by a State. 
States and local governments may be reimbursed for their costs 
of responding to emergencies, including emergencies created by 
illicit drug laboratories, fires and explosions, or other 
situations that require an immediate response.

Section 506. State role at Federal facilities

    Section 506 amends section 120(g) of CERCLA to make 
interagency agreements enforceable and to provide for dispute 
resolution if a State and the Federal agency cannot agree on a 
remedy.

Section 507. Federal cost study

    Section 507 requires the Congressional Budget Office to 
conduct a study of the potential costs to the Federal 
Government for natural resources damages.

Section 508. No preemption of State law claims

    Section 508 amends section 302 to clearly establish that 
section 107 does not preempt claims under State law. (See the 
contrary holding of PMC, Inc. v. Sherwin-Williams Co., 151 F.3d 
610 (7th Cir. 1998)).

Section 509. Purchase of American-made equipment, products, and 
        technologies

    Section 509 requires entities that receive funding under 
CERCLA to use such funding to purchase, to the greatest extent 
practicable, American-made equipment, products, and 
technologies.

Section 510. Development of new technologies and methods

    Section 510 requires EPA to develop and submit to Congress 
a plan to encourage United States companies to develop new 
technologies and methods to clean up hazardous waste sites.

     Title VI--Expenditures from the Hazardous Substance Superfund

Section 601. Expenditures from the hazardous substance superfund

    Section 601 amends subsections 111(a) through (f) of CERCLA 
as follows:
    (a) Expenditures from Hazardous Substance Superfund.--New 
section 111(a) authorizes no more than $300,000,000 per year 
for fiscal years 2000 through 2004, and no more than 
$200,000,000 per year for fiscal years 2005 through 2007, in 
direct spending for the purposes described in new section 
111(b). This section also authorizes $1,500,000,000 per year in 
fiscal years 2000 through 2003, $1,400,000,000 in fiscal year 
2004, $1,300,000,000 in fiscal year 2005, $1,200,000,000 in 
fiscal year 2006, and $975,000,000 in fiscal year 2007 in 
discretionary spending for the purposes described in new 
section 111(c) and new section 111(d).
    (b) Payments Related to Certain Reductions, Limitations, 
and Exemptions.--New section 111(b) limits total expenditures 
from amounts made available to fund shares of liability 
attributable to exemptions under new section 107(t) and 
obligations incurred by the President under new section 131 to 
$300,000,000 in fiscal years 2000 through 2004, and 
$200,000,000 each year in fiscal years 2005 through 2007.
    In addition, for fiscal years 2000 through 2004, this 
section allows the President to use funds made available under 
subsection (a)(1) (the direct spending) for the purposes 
allowed under subsections (c) and (d) if the President does not 
have available for obligation the total amount authorized for 
such purposes in such fiscal years. The President may use this 
authority only to the extent necessary to bring the amounts 
available for authorization up to the authorized levels in such 
fiscal years. In using this authority, the President should 
consider any adverse impacts on the pace of cleaning up 
facilities on the National Priorities List that may result. The 
Committee expects the President to use this authority in a 
manner that maximizes the pace of cleanup.
    (c) Response, Removal, and Remediation.--New section 111(c) 
authorizes funding, subject to appropriation, for (1) 
government response costs; (2) private response cost claims; 
(3) acquisition of real estate under section 104(j); (4) state 
and local government reimbursement under section 123; (5) 
contracts and cooperative agreements under section 104(d); and 
(6) natural resource damage assessments.
    (d) Administration, Oversight, Research, and Other Costs.--
New section 111(d) authorizes funding, subject to 
appropriation, for (1) investigation and enforcement; (2) 
overhead; (3) employee safety programs; (4) grants for 
technical assistance; (5) worker training and education (not to 
exceed $40,000,000 for each of fiscal years 2000 through 2007); 
(6) ATSDR activities; (7) evaluation costs under section 
105(d); (8) contract costs under section 104(a)(1); (9) 
research and development under section 311; (10) awards under 
section 109(d); and (11) grants to States to develop 
comprehensive State ground water protection plans (not to 
exceed $3,000,000).
    (e) Limitation on Natural Resources Claims.--New section 
111(e) reiterates section 111(d)(2) of CERCLA and prohibits use 
of Superfund money in connection with any natural resource 
damage claim related to the long-term exposure to air 
pollutants from multiple or diffuse sources. This provision 
restates a provision of current law.
    (f) Other Limitations.--New section 111(f) reiterates 
sections 111(e)(1) and 111(e)(3) of CERCLA. Under this section, 
claims against the Fund shall only be paid if there is a 
positive unobligated balance in the Fund. This section also 
places a limitation on the use of the Fund at Federal 
facilities, and clarifies that Trust Fund money may not be used 
for remedial actions at facilities that are not on the National 
Priorities List.

Section 602. Authorization of appropriations from general revenues

    (a) Authorization.--Section 602(a) amends section 111(p) to 
authorize the appropriation of $250,000,000 for each of fiscal 
years 2000 through 2007 from general revenues to the Fund (plus 
any budget authority that may remain from previous years).
    (b) Repeal of Duplicative Authorization.--Section 602(b) 
repeals section 517 of the Superfund Amendments and 
Reauthorization Act which is duplicative of section 111(p) of 
CERCLA.
    (c) Conforming Amendment.--Section 602(c) makes a 
conforming amendment to reflect the amendment made by section 
602(b).

Section 603. Completion of National Priorities List

    Section 603 authorizes $1 million for a study of EPA's 10-
year funding needs for the Superfund program.

                          Title VII--Revenues

Section 701. Sense of Committee on Transportation and Infrastructure

    Section 701 provides that it is the sense of the Committee 
that the taxes that support the Superfund program be reinstated 
for the period beginning January 1, 2000, and ending December 
31, 2007; that the rate of tax and combination of taxes be 
commensurate with the revenue needs; and that such taxes may be 
reauthorized at a lower rate, and may decline over time, to 
avoid creating any surplus in the Trust Fund.
    The Committee adopted a ``Sense of the Committee'' rather 
than formal legislative language amending the Internal Revenue 
Code because the Committee cannot exercise jurisdiction over 
the tax code. The Committee expects that the Committee on Ways 
and Means will reinstate revenues for 8 years. Based upon the 
authorization levels of the bill, over that 8-year period new 
revenues to the Trust Fund from all sources (including taxes, 
general revenues, interest, and cost recoveries) should provide 
approximately $11.5 billion.

                          Miscellaneous Issues

    H.R. 1300 primarily addresses the role of the Environmental 
Protection Agency in the cleanup, redevelopment and reuse of 
property. However, other Federal agencies are involved in these 
issues. For example, the Department of Defense has a large role 
in bringing facilities back to productive use at formerly used 
defense sites and BRAC (Base Realignment and Closure) 
facilities. To help the Federal government return its closed 
facilities to productive use, in 1996 Congress amended section 
120 of CERCLA in section 334 of H.R. 3230, the National Defense 
Authorization Act for Fiscal Year 1997.
    This amendment allowed a Federal agency to transfer 
property prior to completion of a cleanup, as long as there 
were assurances that human health and the environment would be 
protected and the cleanup would be completed by the Federal 
agency. This mechanism, however, is not the only method of 
returning contaminated Federal property to productive use. It 
also is possible for a Federal agency to structure a real 
estate transaction under which an uncontaminated portion of a 
facility is conveyed, such as the surface estate, while the 
Federal agency retains ownership of the contaminated portion, 
such as the subsurface estate. This option is consistent with 
EPA's policy of allowing partial deletion of facilities listed 
on the National Priorities List. Under this policy, to 
encourage the return of property to productive use, EPA will 
delete a clean portion of a site from the National Priorities 
List, when no further response is appropriate for that portion. 
Moreover, under this policy ``[s]uch a portion may be a defined 
geographic unit of the site, perhaps as small as a residential 
unit, or may be a specific medium of the site, e.g., 
groundwater, depending on the nature or extent of the 
release(s).'' 60 Fed. Reg. 55466, 55467 (Nov. 1, 1995). If EPA 
can divide a facility into a surface portion and a groundwater 
portion, and make a finding for the surface that ``no further 
response action is appropriate,'' there is no reason that a 
Federal agency cannot do the same, and offer a covenant under 
section 120(h)(3)(A) that all remedial action necessary to 
protect human health and the environment has taken place before 
the transfer of the surface portion of the facility.
    The Corps of Engineers also is playing an increasing role 
in helping to return contaminated property to productive use. 
Under its ``support for others'' program, the Corps acts as a 
contractor to EPA at Superfund sites. The Corps also assists 
States and local governments in the clean up of brownfields 
property. The Corps played a significant role in the 
remediation of contaminated sediments in the Ashtabula River. 
Further, the Water Resources Development Act of 1999 (P.L. 106-
53) authorizes the Corps to conduct activities with respect to 
contaminated sediments in the Passaic River, which is an 
operable unit of the Diamond Alkali Superfund Site. The 
Committee has granted the Corps the authority to undertake 
these activities, and others, in various Water Resources 
Development Acts. In granting such authority, the Committee 
does notintend the Corps to make distinctions between 
facilities that are listed on the National Priorities List, and 
facilities that are not. This distinction has no relevance to the 
applicability of the liability provisions of CERCLA, therefore has no 
relevance to a determination whether there is a need for Corps 
participation in remediation projects. Accordingly, the Committee 
reaffirms its intent that the Corps perform its authorized activities, 
notwithstanding Policy Guidance Letter No. 49 or any other guidance 
that mistakenly interprets the relationship between CERCLA liability 
and the role of the Corps in remediation projects. Through various 
authorizations, the Committee has created a partnership between the 
Corps and EPA, with the expectation that the Corps' authority would 
supplement EPA CERCLA actions.

                                Hearings

    On Wednesday, May 12, 1999, the Subcommittee on Water 
Resources and Environment held a hearing on H.R. 1300, the 
``Recycle America's Land Act,'' and issues related to 
brownfields redevelopment and reform and reauthorization of the 
Superfund program. Witnesses included the Administrator of the 
Environmental Protection Agency, State and local officials, 
representatives of business and development interests, and an 
environmental organization.

                        Committee Consideration

    On August 5, 1999, the Full Committee met in open session 
and marked up H.R. 1300, as well as other pending legislation. 
The Committee adopted an amendment in the nature of a 
substitute offered by Representative Boehlert and 
Representative Borski by voice vote. The Committee also adopted 
by voice vote two amendments offered by Representative 
Traficant. One would require recipients of federal funding to 
purchase American-made products to the greatest extent 
practicable. The other would require EPA to submit a plan to 
Congress to ensure that the United States is a world leader in 
the development of cleanup technologies. Subsequently, the Full 
Committee ordered reported H.R. 1300, as amended by a vote of 
69 ayes and 2 nays.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There was one recorded vote taken, on final passage.

             final passage of h.r. 1300, as amended (69-2)

        AYES                          NAYS
Mr. Bachus                          Mr. Nadler
Mr. Baird                           Mr. Simpson
Mr. Baker
Mr. Baldacci
Mr. Barcia
Mr. Bass
Mr. Bateman
Mr. Bereuter
Mr. Berry
Mr. Blumenauer
Mr. Boehlert
Mr. Borski
Mr. Boswell
Mr. Clement
Mr. Coble
Mr. Cook
Mr. Cooksey
Mr. Costello
Mr. Cummings
Ms. Danner
Mr. DeFazio
Mr. DeMint
Mr. Doolittle
Mr. Duncan
Mr. Ehlers
Mr. Ewing
Mr. Filner
Mr. Franks
Mr. Gilchrest
Mr. Holden
Mr. Horn
Mr. Hutchinson
Mr. Isakson
Ms. Johnson
Mrs. Kelly
Mr. Kuykendall
Mr. LaHood
Mr. Lampson
Mr. LaTourette
Mr. Lipinski
Mr. LoBiondo
Mr. McGovern
Mr. Mascara
Mr. Menendez
Mr. Metcalf
Ms. Millender-McDonald
Mr. Miller
Mr. Moran
Mr. Ney
Ms. Norton
Mr. Oberstar
Mr. Pascrell
Mr. Pease
Mr. Petri
Mr. Quinn
Mr. Rahall
Mr. Sandlin
Mr. Sherwood
Mr. Shows
Mr. Sweeney
Ms. Tauscher
Mr. Taylor
Mr. Terry
Mr. Thune
Mr. Traficant
Mr. Vitter
Mr. Wise
Mr. Young
Mr. Shuster

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform on the 
subject of H.R. 1300.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1300 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 23, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1300, the Recycle 
America's Land Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts for federal 
costs are Kim Cawley, and Perry Beider. The contact for the 
state and local impact is Shelley Finlayson, and the contacts 
for the private-sector impact are Patrice Gordon and Perry 
Beider.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1300--Recycle America's Land Act of 1999

            Summary
    H.R. 1300 would amend and reauthorize spending for the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), commonly known as the Superfund 
Act, which governs the cleanup of sites contaminated with 
hazardous substances. Because the bill would affect direct 
spending, pay-as-you-go procedures would apply.
    The Superfund program is administered by the Environmental 
Protection Agency (EPA), which evaluates the need for cleanup 
at sites brought to its attention, identifies parties liable 
for the costs of cleanup, and oversees cleanups conducted 
either by its own contractors or by the liable parties. These 
EPA activities are currently funded by appropriations from the 
Hazardous Substance Superfund Trust Fund and from the general 
fund of the Treasury.
    CBO estimates that the bill would authorize appropriations 
of $7.9 billion over the 2000-2004 period for the Superfund 
program. H.R. 1300 would establish a new method of determining 
the extent of liability of potentially responsible parties 
(PRPs) at Superfund sites, and a portion of this liability 
would usually be assigned to EPA.
    The bill also would provide direct spending authority of 
$2.1 billion over the next eight years for EPA to compensate 
certain private parties for completing cleanup activities for 
which they are not entirely liable and where some amount of 
liability has been assigned to EPA. Finally, enacting the bill 
would result in a decrease in the amount of money recovered by 
EPA from private parties who remain liable for cleanup expenses 
incurred by the agency. We estimate that these forgone 
recoveries would total $347 million over the 2000-2009 period. 
Overall, CBO estimates that enacting H.R. 1300 would increase 
direct spending by $2.4 billion over the 2000-2009 period.
    H.R. 1300 would impose intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA). CBO 
estimates that the costs of complying with these mandates would 
not be significant and would not exceed the threshold 
established in the law ($50 million in 1996, adjusted annually 
for inflation). In general, the bill would benefit state, 
local, and tribal governments.
    H.R. 1300 also would impose private-sector mandates, as 
defined in UMRA, by setting a temporary moratorium on certain 
lawsuits and putting a time limit on certain other lawsuits 
under CERCLA. CBO estimates that the direct costs of complying 
with those mandates would be well below the statutory threshold 
specified in UMRA ($100 million in 1996, adjusted annually for 
inflation). Overall, the bill would tend to lower the costs to 
the private sector of cleaning up certain Superfund sites under 
CERCLA.
            Estimated cost to the Federal Government
    The estimated budgetary impact of H.R. 1300 is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).
            Basis of estimate
    For purposes of this estimate, CBO assumes that H.R. 1300 
will be enacted by or near the start of fiscal year 2000, and 
that all funds authorized by the bill will be appropriated. 
Estimated outlays are based on the historical spending patterns 
of the Superfund program.

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              1999     2000     2001     2002     2003     2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Superfund spending under current law:
    Budget authority......................................    1,500        0        0        0        0        0
    Estimated outlays.....................................    1,435    1,063      536      233       87        0
Proposed changes:
    Estimated authorization level.........................        0    1,600    1,600    1,600    1,600    1,500
    Estimated outlays.....................................        0      405      981    1,300    1,450    1,500
Superfund spending under H.R. 1300:
    Estimated authorization level.........................    1,500    1,601    1,600    1,600    1,600    1,500
    Estimated outlays.....................................    1,435    1,468    1,517    1,533    1,537    1,500

                                           CHANGES IN DIRECT SPENDING

Reimbursement for Superfund liability:
    Estimated budget authority............................        0      300      300      300      300      300
    Estimated outlays.....................................        0      300      300      300      300      300
Changes to Superfund recoveries:
    Estimated budget authority............................        0       15       45       45       38       38
    Estimated outlays.....................................        0       15       45       45       38       38
Total changes in direct spending:
    Estimated budget authority............................        0      315      345      345      338      338
    Estimated outlays.....................................        0      315      345      345      338      338
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year.

            Spending Subject to Appropriation
    Superfund Program.--CBO estimates that implementing H.R. 
1300 would require the appropriation of $7.9 billion over the 
next five years for the Superfund program and related grant 
programs. Title VI would authorize appropriations totaling $7.4 
billion over the 2000-2004 period for EPA activities in support 
of the Superfund program. Title I would authorize the 
appropriation of such funds as may be necessary for grants to 
be used for site characterization, assessment, and cleanup 
actions at brownfield facilities. (Brownfield facilities are 
properties where the presence or potential presence of 
hazardous substance complicates the expansion or redevelopment 
of the property.) Based on information fromEPA, we estimate 
that implementing this provision would require the appropriation of $75 
million annually over the next five years. These funds could also be 
used by states and local governments to establish revolving loan funds 
to provide money for eligible work at brownfield facilities. Finally, 
title I would authorize the appropriation of $25 million annually over 
the 2000-2004 period for grants to states to establish programs to 
facilitate the voluntary cleanup of properties contaminated with 
hazardous materials, and title VI would authorize the appropriation of 
$1 million for an independent analysis of the projected 10-year costs 
to EPA of implementing the Superfund program.
    Superfund Cleanup Costs At Federal Sites.--H.R. 1300 would 
amend the procedures EPA uses to select appropriate cleanup 
solutions (known as remedies) at each Superfund site. Title IV 
would require EPA to consider future land use at a site, and 
authorize purchase of property easements when selecting an 
appropriate remedy. These changes in the remedy selection 
procedures could change the cost of future cleanup projects at 
federal facilities. However, any savings would be small over 
the next five years because the changes would not significantly 
affect spending at sites where remediation has begun.
            Direct Spending
    Provisiions of H.R. 1300 would affect direct spending 
primarily by providing $2.1 billion over the next eight years 
to reimburse certain PRPs for some future cleanup costs and for 
specified past and ongoing cleanup costs. Such funds could also 
be used for other authorized Superfund expenses, depending on 
the amounts provided to the program in appropriations acts. In 
addition, enactment of H.R. 1300 would result in a decrease in 
the amount of money EPA is able to recover from PRPs who are 
currently liable for cleanup expenses.
    Reimbursement for Superfund Share of Liability.--Title VI 
would provide $300 million annually over the 2000-2004 period 
and $200 million annually over the 2005-2007 period to 
reimburse private parties for certain expenditures made during 
a Superfund cleanup project that the bill would make the 
responsibility of EPA. CBO estimates that all of these funds 
would be spent over the 2000-2007 period. We estimate EPA would 
spend about $150 million annually to reimburse PRPs for cleanup 
projects that have not yet begun, and about the same amount to 
reimburse PRPs for past and ongoing cleanup costs.
    Title III would make several changes to current law 
concerning Superfund liabilities of private parties and the 
procedures for allocating cleanup responsibilities equitably 
among the multiple PRPs (site owners and operators, and off-
site parties that contributed hazardous substances) involved in 
a cleanup project. For new cleanup projects that meet certain 
requirements, section 310 would define how an independent 
``allocator,'' chosen by EPA and the PRPs at a site, would 
determine the share of cleanup costs that each PRP must 
contribute and what share of the liability belongs to EPA (if 
any). Under H.R. 1300, EPA's liability at a Superfund site 
would consist primarily of two components: any liability 
assigned to defunct or insolvent PRPs and any liability that is 
eliminated, limited, or reduced by the provisions of the bill. 
The legislation would eliminate, limit, or reduce the cleanup 
liability for some PRPs--notably small businesses, municipal 
governments that owned or operated landfills, and generators 
and transporters of municipal solid waste or recyclable 
materials. The difference between the cleanup cost attributed 
to a private party by the allocator and a smaller amount 
actually paid by the PRP--because of a liability exemption, 
reduction, or limitation resulting from enactment of the bill--
would become the responsibility of EPA.
    Liability for Future Costs. Based on the characteristics of 
sites currently in the Superfund program, CBO estimates that 
approximately one-third of the costs of new cleanup projects 
would be allocated to the Superfund. Assuming that the pace of 
cleanups conducted by PRPs continues at current rates, 
reimbursements to PRPs from the Superfund for cleanup projects 
would be about $150 million annually. Such spending would come 
from the annual direct spending authority included in title VI 
of the bill.
    Liability for Past Costs. Under H.R. 1300, EPA also would 
be liable for reimbursing some PRPs for certain cleanup 
projects that are ongoing or have already been completed. Under 
current law, PRPs that pay for Superfund cleanup costs can seek 
reimbursement for their expenses from other PRPs involved with 
the same site. H.R. 1300 would make PRPs that have incurred 
such costs eligible for reimbursement from EPA for the share of 
costs attributable to PRPs whose liability would be reduced or 
eliminated under the bill. EPA estimates that the total cost of 
ongoing and completed cleanups conducted by PRPs is over $13 
billion. Only a portion of the $13 billion is attributable to 
the relevant PRPs and much of that share has already been 
settled. CBO estimates that the Superfund would face declining 
claims over the next seven years for reimbursement of past and 
ongoing cleanups with annual costs ranging from $100 million to 
$200 million. Such amounts also would be paid from the bill's 
direct spending authority--to the extent that funds are 
available.
    Superfund Program.--This estimate assumes that all of the 
funds that would be provided by title VI would be spent each 
year by EPA either for reimbursement of PRPs or on other 
authorized expenses of the Superfund program. Section 601 would 
allow H.R. 1300's funding to be used to make up any shortfall 
between the annual amounts provided for the Superfund program 
in appropriations acts and the amounts that H.R. 1300 would 
authorize to be appropriated for the program. The actual amount 
of funds (if any) that would be spentfor purposes other than 
reimbursement of private parties would depend on the amounts provided 
to the Superfund program in future appropriation acts.
    Superfund Recoveries.--EPA's enforcement program attempts 
to recover costs the agency incurs at cleanup projects that are 
the responsibility of private parties. Spending of the amounts 
recovered is subject to annual appropriation action. Under 
current law, CBO estimates such recoveries will gradually 
decline from the current level of $300 million annually, and 
will average $250 million annually over the next 10 years. 
Under H.R. 1300, however, such recoveries would decline further 
because the Superfund liability of some PRPs would be 
eliminated, limited, or reduced. We expect that enacting the 
bill would lead to an average annual decrease in offsetting 
receipts to the Treasury of $35 million over the 2000-2009 
period.
            Pay-as-you-go-considerations
    The Balanced Budget and Emergency Deficit Control Act sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts. The net changes in outlays that are 
subject to pay-as-you-go procedures are shown in the following 
table. For the purposes of enforcing pay-as-you-go procedures, 
only the effects in the current year, the budget year, and the 
succeeding four years are counted.


----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year, in millions of dollars--
                                    ----------------------------------------------------------------------------
                                      1999   2000   2001   2002   2003   2004   2005   2006   2007   2008   2009
----------------------------------------------------------------------------------------------------------------
Changes in outlays.................      0    315    345    345    338    338    238    238    230     30     30
Changes in receipts................                                 Not applicable
----------------------------------------------------------------------------------------------------------------

            Estimated impact on State, local, and tribal governments
    By preempting state liability laws, H.R. 1300 would impose 
intergovernmental mandates as defined in UMRA. CBO estimates 
that the costs of complying with these mandates would not be 
significant and would not exceed the threshold established in 
the law ($50 million in 1996, adjusted annually for inflation). 
As described below, the bill would also have other impacts--
nearly all of them benefits--on state, local, and tribal 
governments.
            Intergovernmental Mandates
    Title III of the bill would limit or eliminate the 
liability of certain parties under federal and state laws for 
future cleanup costs at Superfund sites. Parties receiving some 
liability relief would include generators and transporters of 
municipal solid waste and municipal owners and operators of 
certain landfills. Currently, states can sue PRPs at a 
Superfund site under their own hazardous waste cleanup laws. 
These preemptions of state laws would constitute 
intergovernmental mandates as defined in UMRA. However, 
according to EPA and state officials, states rarely take action 
against PRPs at a Superfund site under their own laws. In 
addition, those states whose cleanup laws establish joint and 
several liability could in many cases recover their costs from 
other PRPs at the site. Therefore, CBO estimates that the costs 
to states to comply with the mandates would not be significant.
            Other Impacts on State, Local, and Tribal Governments
    In general, enactment of H.R. 1300 would benefit state, 
local, and tribal governments. These benefits include creating 
new grant programs for states, affording states greater 
participation and authority over cleanups, and relieving state 
and local governments from certain costs and liability under 
current law.
    New Grant Funding.--Title I of the bill would create three 
grant programs to fund state voluntary response programs and 
the assessment and cleanup of brownfield sites. States or 
localities would have to match some of the funds and pay for 
administering one of the funds.
    Expanded State, Local, and Tribal Roles.--H.R. 1300 would 
amend the current Superfund program to allow greater authority 
and participation by the states. Title I would prohibit the EPA 
from taking action, except under specific circumstances, 
against anyone who has completed cleanup activities on a 
nonsuperfund site in compliance with state laws. In addition, 
the EPA would generally be required to defer listing a facility 
as a Superfund site if the state is acting under a state 
response program or is attempting to make an agreement for 
remedial action and makes reasonable progress to do so within 
one year.
    Title II would require the EPA to solicit views and 
preferences regarding cleanup from tribes, local governments, 
and communities, as well as state and local health officials. 
Title III would allow states to participate in funding 
allocation under certain circumstances. This title also would 
specify that federal, state, and local agencies are subject to, 
and entitled to, the benefits of an allocation to the same 
extent as any other party including reimbursementwhen 
performing parties pay more than their allocated share and that the EPA 
may sue non-settling parties.
    Title IV would increase local and state involvement in 
deciding how cleanups should be conducted. Title V would 
increase the role of Indian tribes in Superfund programs and 
would require a study of the health effects of Superfund sites 
on or near Indian reservations on tribal members.
    Lower Cost Share for Cleanups.--H.R. 1300 would lower the 
share of cleanup costs that state governments pay. Under 
current law, when the federal government conducts a site 
cleanup, the state in which the site is located must pay 10 
percent of the costs. If the site was owned or operated by the 
state or local government, the state's share of the costs rise 
to at least 50 percent. States must also pay all operation and 
maintenance costs at the sites. H.R. 1300 would amend the 
current arrangement to require states to pay only 10 percent of 
all costs at all sites, including those for operation and 
maintenance. H.R. 1300 also would allow states to apply for 
reimbursement from EPA of up to $25,000 in emergency response 
costs per site.
    Liability Relief for State, Local, and Tribal 
Governments.--H.R. 1300 would limit or eliminate various 
parties' liability for cleanup costs, including local 
governments. The bill would cap the liability of parties 
(including local governments) that generated or transported 
municipal solid waste or sewage sludge to a Superfund site that 
is a ``codisposal'' landfill (a landfill that also accepted 
other wastes and that became a Superfund site). If they are not 
otherwise exempted from liability by the bill, these parties 
would have a total aggregate liability of 10 percent of cleanup 
costs.
    The bill would also cap the liability of municipalities 
that owned or operated codisposal landfills that are Superfund 
sites. Roughly two-thirds (160) of the approximately 250 
codisposal landfills in the program have at least one municipal 
owner or operator. With some exceptions, large municipalities 
would be held liable for no more than 20 percent of future 
cleanup costs, and small municipalities would be responsible 
for no more than 10 percent of the costs. Under current EPA 
guidance, municipalities are eligible for settlements of 20 
percent of estimated cleanup costs, although the percentage can 
be adjusted up or down for site-specific factors. This bill 
would also limit the liability of various local entities for 
cleanup costs at certain Superfund sites and would create an 
expedited settlement process for certain parties, including 
municipalities with a limited ability to pay.
    In addition, the bill would establish an affirmative 
defense for innocent parties including innocent governmental 
entities that: (1) issue permits or licenses, (2) acquire 
property by involuntary transfer or eminent domain, (3) own and 
operate sewage treatment works, and (4) own and operate rights 
of way. The bill also would provide liability protection to 
state, tribal, and local governments that undertake cleanups to 
improve water quality at abandoned mine sites or own property 
of land contiguous to contaminated sites.
            Estimated impact on the private sector
    H.R. 1300 would impose private-sector mandates, as defined 
in UMRA, by setting a temporary moratorium on certain lawsuits 
and putting a time limit on certain other lawsuits under 
CERCLA. CBO estimates that the direct costs of complying with 
those mandates would be well below the statutory threshold 
specified in UMRA ($100 million in 1996, adjusted annually for 
inflation).
    Under current law, the liability standard for a Superfund 
site, which can affect who pays to clean it up, is retroactive, 
strict, and generally joint and several. Liability is 
retroactive because it applies to contamination caused by 
activities that took place before CERCLA was enacted in 1980. 
Liability is strict because a responsible party is liable even 
if it was not negligent. Liability is joint and several in 
cases where the responsibility for contamination at a site is 
not easily divisible. In such cases, the government can hold 
one or more parties liable for the full costs of cleanup, even 
if other parties at the site are liable. Current law also 
permits third-party lawsuits, in which parties held responsible 
by EPA (or by other responsible parties) may sue others who do 
not settle with the government for contribution.
    The bill would direct the President to initiate a new 
method of allocation for any response action under future 
settlements and administrative orders. Under the new method, a 
neutral allocator would be hired to determine liability of 
potentially responsible parties for an eligible site. The bill 
would impose a private-sector mandate by prohibiting civil 
litigation seeking to recover response costs during the period 
set aside by the bill to allow the allocator to determine 
liability under the new method. Specifically, section 310 would 
prohibit anyone from asserting a claim until 150 days after the 
release of the allocator's report. In addition, the bill would 
stay all pending actions or claims during the same period 
unless the court determines that a stay would result in 
manifest injustice. CBO expects that the costs of delaying a 
claim to recover cleanup costs would be negligible, primarily 
because post-moratorium litigation is likely to be rare in view 
of the incentives to settle for the allocated share under the 
new process.
    Currently, contractors performing cleanups are not liable 
under federal law for work they do under CERCLA except in cases 
of negligence, gross negligence, or willful misconduct. Section 
307 would limit actions to recover for injury to persons or 
property or other claims against such contractors based on 
negligence to a period of six years after the completion of 
work at a site. At the same time, the bill would extend the 
contractor's protection from liability to include any actions 
meeting the CERCLA definition of response. According to 
information provided by EPA, lawsuits based on negligence have 
been rare under CERCLA, and in most such actions the recovery 
for damages has not been significant. Therefore, CBO expects 
that the costs of limiting claims based on negligence to six 
years would be minor. The time limit does not apply to claims 
for gross negligence or intentional misconduct or claims in 
states that have adopted a different time limit covering such 
cases.
    Generally, provisions of the bill are meant to reduce some 
of the burdens of compliance under CERCLA. H.R. 1300 would 
direct the federal government to cover the costs attributed to 
insolvent or defunct parties, the costs attributed to 
responsible parties exempted under the bill, and the balance of 
costs left over when allocation shares have been capped or 
limited according to the rules specified in the bill. 
Consequently, the remaining cleanup costs allocated to the 
private sector would tend to be lower than under current law.
    Estimate prepared by: Federal costs: Kim Cawley and Perry 
Beider; Impact on State, local and tribal governments: Shelley 
Finlayson; Impact on the private sector: Patrice Gordon and 
Perry Beider.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.
                                ------                                

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 28, 1999.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: As requested by your staff, the 
Congressional Budget Office is pleased to provide you with 
additional information regarding the effects on state 
governments of H.R. 1300, the Recycle America's Land Act of 
1999, as ordered reported by the House Transportation and 
Infrastructure Committee on August 5, 1999. The purpose of this 
letter is to clarify the extent to which the bill would preempt 
state law or otherwise affect the budgets of state governments.
    The preemptions described in the state and local section of 
the cost estimate we provided to you on September 23, 1999, are 
found in section 307 of the bill. Subsection 307(a) would limit 
the liability of response action contractors (RACs) to cases of 
negligence, gross negligence, or international misconduct in 
all states that have not enacted a law specifically addressing 
the liability of RACs. Subsection 307(f) would require that 
claims alleging negligence of a RAC be brought within six years 
after completion of the contractor's work, except in a state 
that has enacted a different time limit for the liability of 
these contractors. (Response action contractors are defined in 
subsection 119(e) of the Comprehensive Environmental Response, 
Compensation and Liability Act.) These changes could preempt 
those states' ability to enact laws addressing these issues in 
the future. As stated in our September 23 estimate, CBO expects 
that the cost to states of these preemptions would not be 
significant, and would not exceed the threshold established in 
the Unfunded Mandates Reform Act ($50 million in 1996, adjusted 
annually for inflation).
    We expect states would be affected in other ways as well. 
Our statement--in the same paragraph of the September 23 
estimate--about eliminating or limiting liability for 
generators and transporters of municipal solid waste and 
municipal owners and operators of certain landfills refers to 
the changes the bill would make to federal liability laws. 
These changes, while not preemptions of state law, would make 
it potentially more difficult for any states that currently 
rely on such laws to recover costs and damages under their own 
cleanup programs from parties whose liability would be 
eliminated or limited by the bill.
    We hope that you find this additional information useful. 
The CBO staff contact is Shelley Finlayson.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4.)

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1.)

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT 
                         OF 1980 (SUPERFUND)

           *       *       *       *       *       *       *



    TITLE I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION


                              definitions

      Sec. 101. For purpose of this title--
          (1)  * * *

           *       *       *       *       *       *       *

          [(11) The term ``Fund'' or ``Trust Fund'' means the 
        Hazardous Substance Response Fund established by 
        section 221 of this Act or, in the case of a hazardous 
        waste disposal facility for which liability has been 
        transferred under section 107(k) of this Act, the Post-
        closure Liability Fund established by section 232 of 
        this Act.]
          (11) The term ``Fund'' or ``Trust Fund'' means the 
        Hazardous Substance Superfund established by section 
        9507 of the Internal Revenue Code of 1986.

           *       *       *       *       *       *       *

          (20)(A)  * * *

           *       *       *       *       *       *       *

          (H) Contiguous property owner.--The term ``owner or 
        operator'' does not include a person who owns or 
        operates real property that is contiguous to, or onto 
        which a release has migrated from, a facility under 
        separate ownership or operation from which there is a 
        release or threatened release of a hazardous substance 
        if--
                  (i) the person did not, by any act or 
                omission, cause or contribute to the release or 
                threatened release of a hazardous substance; 
                and
                  (ii) the person is not affiliated with any 
                other person that is potentially liable for any 
                response costs at the facility at which there 
                has been a release or threatened release of a 
                hazardous substance.

           *       *       *       *       *       *       *

          [(35)(A) The term ``contractual relationship'', for 
        the purpose of section 107(b)(3) includes, but is not 
        limited to, land contracts, deeds or other instruments 
        transferring title or possession, unless the real 
        property on which the facility concerned is located was 
        acquired by the defendant after the disposal or 
        placement of the hazardous substance on, in, or at the 
        facility, and one or more of the circumstances 
        described in clause (i), (ii), or (iii) is also 
        established by the defendant by a preponderance of the 
        evidence:
                  [(i) At the time the defendant acquired the 
                facility the defendant did not know and had no 
                reason to know that any hazardous substance 
                which is the subject of the release or 
                threatened release was disposed of on, in, or 
                at the facility.
                  [(ii) The defendant is a government entity 
                which acquired the facility by escheat, or 
                through any other involuntary transfer or 
                acquisition, or through the exercise of eminent 
                domain authority by purchase or condemnation.
                  [(iii) The defendant acquired the facility by 
                inheritance or bequest.
        In addition to establishing the foregoing, the 
        defendant must establish that he has satisfied the 
        requirements of section 107(b)(3) (a) and (b).
          [(B) To establish that the defendant had no reason to 
        know, as provided in clause (i) of subparagraph (A) of 
        this paragraph, the defendant must have undertaken, at 
        the time of acquisition, all appropriate inquiry into 
        the previous ownership and uses of the property 
        consistent with good commercial or customary practice 
        in an effort to minimize liability. For purposes of the 
        preceding sentence the court shall take into account 
        any specialized knowledge or experience on the part of 
        the defendant, the relationship of the purchase price 
        to the value of the property if uncontaminated, 
        commonly known or reasonably ascertainable information 
        about the property, the obviousness of the presence or 
        likely presence of contamination at the property, and 
        the ability to detect such contamination by appropriate 
        inspection.
          [(C) Nothing in this paragraph or in section 
        107(b)(3) shall diminish the liability of any previous 
        owner or operator of such facility who would otherwise 
        be liable under this Act. Notwithstanding this 
        paragraph, if the defendant obtained actual knowledge 
        of the release or threatened release of a hazardous 
        substance at such facility when the defendant owned the 
        real property and then subsequently transferred 
        ownership of the property to another person without 
        disclosing such knowledge, such defendant shall be 
        treated as liable under section 107(a)(1) and no 
        defense under section 107(b)(3) shall be available to 
        such defendant.
          [(D) Nothing in this paragraph shall affect the 
        liability under this Act of a defendant who, by any act 
        or omission, caused or contributed to the release or 
        threatened release of a hazardous substance which is 
        the subject of the action relating to the facility.]
          (35) The term ``municipality'' means a political 
        subdivision of a State, including a city, county, 
        village, town, township, borough, parish, 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.

           *       *       *       *       *       *       *


                          response authorities

    Sec. 104. (a)  * * *

           *       *       *       *       *       *       *

    (c)(1)  * * *

           *       *       *       *       *       *       *

    [(3) The President shall not provide any remedial actions 
pursuant to this section unless the State in which the release 
occurs first enters into a contract or cooperative agreement 
with the President providing assurances deemed adequate by the 
President that (A) the State will assure all future maintenance 
of the removal and remedial actions provided for the expected 
life of such actions as determined by the President; (B) the 
State will assure the availability of a hazardous waste 
disposal facility acceptable to the President and in compliance 
with the requirements of subtitle C of the Solid Waste Disposal 
Act for any necessary offsite storage, destruction, treatment, 
or secure disposition of the hazardous substances; and (C) the 
State will pay or assure payment of (i) 10 per centum of the 
costs of the remedial action, including all future maintenance, 
or (ii) 50 percent (or such greater amount as the President may 
determine appropriate, taking into account the degree of 
responsibility of the State or political subdivision for the 
release) of any sums expended in response to a release at a 
facility, that was operated by the State or a political 
subdivision thereof, either directly or through a contractual 
relationship or otherwise, at the time of any disposal of 
hazardous substances therein. For the purpose of clause (ii) of 
this subparagraph, the term ``facility'' does not include 
navigable waters or the beds underlying those waters. The 
President shall grant the State a credit against the share of 
the costs for which it is responsible under this paragraph for 
any documented direct out-of-pocket non-Federal funds expended 
or obligated by the State or a political subdivision thereof 
after January 1, 1978, and before the date of enactment of this 
Act for cost-eligible response actions and claims for damages 
compensable under section 111 of this title relating to the 
specific release in question: Provided, however, That in no 
event shall the amount of the credit granted exceed the total 
response costs relating to the release. In the case of remedial 
action to be taken on land or water held by an Indian tribe, 
held by the United States in trust for Indians, held by a 
member of an Indian tribe (if such land or water is subject to 
a trust restriction on alienation), or otherwise within the 
borders of an Indian reservation, the requirements of this 
paragraph for assurances regarding future maintenance and cost-
sharing shall not apply, and the President shall provide the 
assurance required by this paragraph regarding the availability 
of a hazardous waste disposal facility.]
  (3) State cost share.--The President shall not provide any 
remedial actions pursuant to this section unless the State in 
which the release or threatened release occurs has entered into 
a contract or cooperative agreement with the President that 
provides assurances, deemed adequate by the President, that the 
State will pay or assure payment, in cash or through in-kind 
contribution, of 10 percent of the cost of such remedial action 
(other than any cost paid by the Fund under section 111(a)(1)) 
and 10 percent of the cost of operation and maintenance.

           *       *       *       *       *       *       *

    (i)(1) There is hereby established within the Public Health 
Service an agency, to be known as the Agency for Toxic 
Substances and Disease Registry, which shall report directly to 
the Surgeon General of the United States. The Administrator of 
said Agency shall, with the cooperation of the Administrator of 
the Environmental Protection Agency, the Commissioner of the 
Food and Drug Administration, the Directors of the National 
Institute of Medicine, National Institute of Environmental 
Health Sciences, National Institute of Occupational Safety and 
Health, Centers for Disease Control and Prevention, the 
Administrator of the Occupational Safety and Health 
Administration, the Administrator of the Social Security 
Administration, the Secretary of Transportation, the Director 
of the Indian Health Service, and appropriate State and local 
health officials, effectuate and implement the health related 
authorities of this Act. In addition, said Administrator 
shall--
          [(A) in cooperation with the States, establish and 
        maintain a national registry of serious diseases and 
        illnesses and a national registry of persons exposed to 
        toxic substances;]
          (A) in cooperation with the States, for scientific 
        purposes and public health purposes, establish and 
        maintain a national registry of persons exposed to 
        toxic substances;

           *       *       *       *       *       *       *

          (E) either independently or as part of other health 
        status survey, conduct periodic survey and screening 
        programs to determine relationships between exposure to 
        toxic substances and illness. [In cases of public 
        health emergencies, exposed persons shall be eligible 
        for admission to hospitals and other facilities and 
        services operated or provided by the Public Health 
        Service.] In cases of public health emergencies, 
        exposed persons shall be eligible for referral to 
        licensed or accredited health care providers.

           *       *       *       *       *       *       *

    (3)(A) Based on all available information, including 
information maintained under paragraph (1)(B) and data 
developed and collected on the health effects of hazardous 
substances under this paragraph, the Administrator of ATSDR 
shall prepare toxicological profiles of each of the substances 
listed pursuant to paragraph (2). The toxicological profiles 
shall be prepared in accordance with guidelines developed by 
the Administrator of ATSDR and the Administrator of EPA. Such 
profiles shall include, but not be limited to each of the 
following:
          [(A)] (i) An examination, summary, and interpretation 
        of available toxicological information and 
        epidemiologic evaluations on a hazardous substance in 
        order to ascertain the levels of significant human 
        exposure for the substance and the associated acute, 
        subacute, and chronic health effects.
          [(B)] (ii) A determination of whether adequate 
        information on the health effects of each substance is 
        available or in the process of development to determine 
        levels of exposure which present a significant risk to 
        human health of acute, subacute, and chronic health 
        effects.
          [(C)] (iii) Where appropriate, an identification of 
        toxicological testing needed to identify the types or 
        levels of exposure that may present significant risk of 
        adverse health effects in humans.
[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 required to be prepared under this paragraph for those 
hazardous substances listed under subparagraph (A) of paragraph 
(2) shall be completed, at a rate of no fewer than 25 per year, 
within 4 years after the enactment of the Superfund Amendments 
and Reauthorization Act of 1986. A profile required on a 
substance listed pursuant to subparagraph (B) of paragraph (2) 
shall be completed within 3 years after addition to the list. 
The profiles prepared under this paragraph shall be of those 
substances highest on the list of priorities under paragraph 
(2) for which profiles have not previously been prepared. 
Profiles required under this paragraph shall be revised and 
republished as necessary, but no less often than once every 3 
years. Such profiles shall be provided to the States and made 
available to other interested parties.]
  (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 list but which have been found at 
facilities for which there has been a response action under 
this Act 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 and shall be provided to the States, including 
State health departments, tribal health officials, and local 
health departments, and made available to other interested 
parties.

           *       *       *       *       *       *       *

    (5)(A) For each hazardous substance listed pursuant to 
paragraph (2), the Administrator of ATSDR (in consultation with 
the Administrator of EPA and the Director of the Indian Health 
Service and other agencies and programs of the Public Health 
Service) shall assess whether adequate information on the 
health effects of such substance is available. For any such 
substance for which adequate information is not available (or 
under development), the Administrator of ATSDR, in cooperation 
with the Director of the National Toxicology Program, shall 
assure the initiation of a program of research [designed to 
determine the health effects (and techniques for development of 
methods to determine such health effects) of such substance.] 
conducted directly or by means such as cooperative agreements 
and grants with appropriate public and nonprofit institutions. 
The research shall be designed to determine the health effects 
of the substance and techniques for development of methods to 
determine such health effects. Where feasible, such program 
shall seek to develop methods to determine the health effects 
of such substance in combination with other substances with 
which it is commonly found. Before assuring the initiation of 
such program, the Administrator of ATSDR shall consider 
recommendations of the Interagency Testing Committee 
established under section 4(e) of the Toxic Substances Control 
Act on the types of research that should be done. Such program 
shall include, to the extent necessary to supplement existing 
information, but shall not be limited to--
          (i)  * * *

           *       *       *       *       *       *       *

          (iii) laboratory and other studies to determine the 
        manner in which such substances are metabolized or to 
        otherwise develop an understanding of the biokinetics 
        of such substances; [and]
          (iv) laboratory and other studies to develop 
        innovative techniques for predicting organ-specific, 
        site-specific, and system-specific acute and chronic 
        toxicity; and
          [(iv)] (v) where there is a possibility of obtaining 
        human data, the collection of such information.

           *       *       *       *       *       *       *

    [(6)(A) The Administrator of ATSDR shall perform a health 
assessment for each facility on the National Priorities List 
established under section 105. Such health assessment shall be 
completed not later than December 10, 1988, for each facility 
proposed for inclusion on such list prior to the date of the 
enactment of the Superfund Amendments and Reauthorization Act 
of 1986 or not later than one year after the date of proposal 
for inclusion on such list for each facility proposed for 
inclusion on such list after such date of enactment.]
  (6)(A)(i) The Administrator of ATSDR shall perform a 
preliminary public health assessment or health consultation for 
each facility on the National Priorities List, including those 
facilities owned by any department, agency, or instrumentality 
of the United States, and those sites that are the subject of a 
petition under subparagraph (B). The preliminary public health 
assessment or health consultation shall be commenced as soon as 
practicable after each facility is proposed for inclusion on 
the National Priorities List or the Administrator of ATSDR 
accepts a petition for a public health assessment. If the 
Administrator of ATSDR, in consultation with local public 
health officials, determines that the results of a preliminary 
public health assessment or health consultation indicate the 
need for a public health assessment, the Administrator of the 
ATSDR shall conduct the public health assessment of those sites 
posing a health hazard. The results of the public health 
assessment should be considered in selecting the remedial 
action for the facility.
  (ii) The Administrator of ATSDR, in cooperation with States, 
shall design public health assessments that take into account 
the needs and conditions of the affected community.
  (iii) The Administrator of EPA shall place highest priority 
on facilities with releases of hazardous substances which 
result in actual ongoing human exposures at levels of public 
health concern or adverse health effects as identified in a 
public health assessment conducted by the Administrator of 
ATSDR or are reasonably anticipated based on currently known 
facts.
    (B) The Administrator of ATSDR may perform public health 
assessments for releases or facilities where individual persons 
or licensed physicians provide information that individuals 
have been exposed to a hazardous substance, for which the 
probable source of such exposure is a release. In addition to 
other methods (formal or informal) of providing such 
information, such individual persons or licensed physicians may 
submit a petition to the Administrator of ATSDR providing such 
information and requesting a public health assessment. If such 
a petition is submitted and the Administrator of ATSDR does not 
initiate a public health assessment, the Administrator of ATSDR 
shall provide a written explanation of why a public health 
assessment is not appropriate.
    (C) In determining the priority in which to conduct public 
health assessments under this subsection, the Administrator of 
ATSDR, in consultation with the Administrator of EPA, shall 
give priority to those facilities at which there is documented 
evidence of the release of hazardous substances, at which the 
potential risk to human health appears highest where low 
population density is not used as an excluding risk factor, and 
for which in the judgment of the Administrator of ATSDR 
existing public health assessment data are inadequate to assess 
the potential risk to human health as provided in subparagraph 
(F). In determining the priorities for conducting public health 
assessments under this subsection, the Administrator of ATSDR 
shall consider the National Priorities List schedules and the 
needs of the Environmental Protection Agency and other Federal 
agencies pursuant to schedules for remedial investigation and 
feasibility studies.
    (D)(i) Where a public health assessment is done at a site 
on the National Priorities List, the Administrator of ATSDR 
shall complete such assessment promptly and, to the maximum 
extent practicable, before the completion of the remedial 
investigation and feasibility study at the facility concerned.
  (ii) The President and the Administrator of ATSDR shall 
develop strategies to obtain relevant on-site and off-site 
characterization data for use in the public health assessment. 
The President shall, to the maximum extent practicable, provide 
the Administrator of ATSDR with the data and information 
necessary to make public health assessments sufficiently prior 
to the choice of remedial actions to allow the Administrator of 
ATSDR to complete these assessments.
  (iii) Where appropriate, the Administrator of ATSDR shall 
provide to the President as soon as practicable after site 
discovery, recommendations for sampling environmental media for 
hazardous substances of public health concern. To the extent 
feasible, the President shall incorporate such recommendations 
into the President's site investigation activities.
  (iv) In order to improve community involvement in public 
health assessments, the Administrator of ATSDR shall carry out 
each of the following duties:
          (I) Collect from community advisory groups, from 
        State and local public health authorities, and from 
        other sources in communities affected or potentially 
        affected by releases of hazardous substances data 
        regarding exposure, relevant human activities, and 
        other factors.
          (II) Design public health assessments that take into 
        account the needs and conditions of the affected 
        community. Community-based research models, local 
        expertise, and local health resources should be used in 
        designing the public health assessment. In developing 
        such designs, emphasis shall be placed on collection of 
        actual exposure data, and sources of multiple exposure 
        shall be considered.
    (E) Any State or political subdivision carrying out a 
public health assessment for a facility shall report the 
results of the assessment to the Administrator of ATSDR and the 
Administrator of EPA and shall include recommendations with 
respect to further activities which need to be carried out 
under this section. The Administrator of ATSDR shall state such 
recommendation in any report on the results of any assessment 
carried out directly by the Administrator of ATSDR for such 
facility and shall issue periodic reports which include the 
results of all the assessments carried out under this 
subsection. If the Administrator of ATSDR or the Administrator 
of EPA does not act on the recommendations of the State, the 
Administrator of ATSDR or EPA must respond in writing to the 
State or tribe as to why the Administrator of ATSDR or EPA has 
not acted on the recommendations.
    (F) For the purposes of this subsection and section 
111(c)(4), the term ``public health assessments'' shall include 
preliminary assessments of the potential risk to human health 
posed by individual sites and facilities, based on such factors 
as the nature and extent of contamination, the existence of 
potential pathways of human exposure (including ground or 
surface water contamination, air emissions, [and] food chain 
contamination, and any other pathways resulting from 
subsistence activities), 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. 
The Administrator of ATSDR shall use appropriate data, risk 
assessments, risk evaluations and studies available from the 
Administrator of EPA.
    (G) The purpose of public health assessments under this 
subsection shall be to assist in determining whether actions 
under paragraph (11) of this subsection should be taken to 
reduce human exposure to hazardous substances from a facility 
and whether additional information on human exposure and 
associated health risks is needed and should be acquired by 
conducting epidemiological studies under paragraph (7), 
establishing a registry under paragraph (8), establishing a 
health surveillance program under paragraph (9), or through 
other means. In using the results of public health assessments 
for determining additional actions to be taken under this 
section, the Administrator of ATSDR may consider additional 
information on the risks to the potentially affected population 
from all sources of such hazardous substances including known 
point or nonpoint sources other than those from the facility in 
question[.], and may 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.
    (H) At the completion of each public health assessment, the 
Administrator of ATSDR shall provide the Administrator of EPA 
and each affected State with the results of such assessment, 
together with any recommendations for further actions under 
this subsection or otherwise under this Act. In addition, if 
the public health assessment indicates that the release or 
threatened release concerned may pose a serious threat to human 
health or the environment, the Administrator of ATSDR shall so 
notify the Administrator of EPA who shall promptly evaluate 
such release or threatened release in accordance with the 
hazard ranking system referred to in section 105(a)(8)(A) to 
determine whether the site shall be placed on the National 
Priorities List or, if the site is already on the list, the 
Administrator of ATSDR may recommend to the Administrator of 
EPA that the site be accorded a higher priority.
    [(7)(A) Whenever in the judgment of the Administrator of 
ATSDR it is appropriate on the basis of the results of a public 
health assessment, the Administrator of ATSDR shall conduct a 
pilot study of health effects for selected groups of exposed 
individuals in order to determine the desirability of 
conducting full scale epidemiological or other health studies 
of the entire exposed population.]
  (7)(A) Whenever in the judgment of the Administrator of ATSDR 
it is appropriate on the basis of the results of a public 
health assessment 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) Whenever in the judgment of the Administrator of ATSDR 
it is appropriate on the basis of the results of such pilot 
study or other study or public health assessment, the 
Administrator of ATSDR shall conduct such full scale 
epidemiological or other health studies as may be necessary to 
determine the health effects on the population exposed to 
hazardous substances from a release or threatened release. If a 
significant excess of disease in a population is identified, 
the letter of transmittal of such study shall include an 
assessment of other risk factors, other than a release, that 
may, in the judgment of the peer review group, be associated 
with such disease, if such risk factors were not taken into 
account in the design or conduct of the study.
    (8) In any case in which the results of a public health 
assessment indicate a potential significant risk to human 
health, the Administrator of ATSDR shall consider whether the 
establishment of a registry of exposed persons would contribute 
to accomplishing thepurposes of this subsection, taking into 
account circumstances bearing on the usefulness of such a registry, 
including the seriousness or unique character of identified diseases or 
the likelihood of population migration from the affected area.
    (9) Where the Administrator of ATSDR has determined that 
there is a significant increased risk of adverse health effects 
in humans from exposure to hazardous substances based on the 
results of a public health assessment conducted under paragraph 
(6), an epidemiologic study conducted under paragraph (7), or 
an exposure registry that has been established under paragraph 
(8), and the Administrator of ATSDR has determined that such 
exposure is the result of a release from a facility, the 
Administrator of ATSDR shall initiate a health surveillance 
program for such population. This program shall include but not 
be limited to--

           *       *       *       *       *       *       *

    (10) Two years after the date of the enactment of the 
Superfund Amendments and Reauthorization Act of 1986, and every 
2 years thereafter, the Administrator of ATSDR shall prepare 
and submit to the Administrator of EPA and to the Congress a 
report on the results of the activities of ATSDR regarding--
          (A) public health assessments and pilot health 
        effects studies conducted;

           *       *       *       *       *       *       *

    (11) If a public health assessment or other study carried 
out under this subsection contains a finding that the exposure 
concerned presents a significant risk to human health, the 
President shall take such steps as may be necessary to reduce 
such exposure and eliminate or substantially mitigate the 
significant risk to human health. Such steps may include the 
use of any authority under this Act, including, but not limited 
to--

           *       *       *       *       *       *       *

  (12) In any case which is the subject of a petition, a public 
health assessment or study, or a research program under this 
subsection, nothing in this subsection shall be construed to 
delay or otherwise affect or impair the authority of the 
President, the Administrator of ATSDR or the Administrator of 
EPA to exercise any authority vested in the President, the 
Administrator of ATSDR or the Administrator of EPA under any 
other provision of law (including, but not limited to, the 
imminent hazard authority of section 7003 of the Solid Waste 
Disposal Act) or the response and abatement authorities of this 
Act.
    (13) All studies and results of research conducted under 
this subsection (other than public health assessments) shall be 
reported or adopted only after appropriate peer review. Such 
peer review shall be completed, to the maximum extent 
practicable, within a period of 60 days. In the case of 
research conducted under the National Toxicology Program, such 
peer review may be conducted by the Board of Scientific 
Counselors. In the case of other research, such peer review 
shall be conducted by panels consisting of no less than three 
nor more than seven members, who shall be disinterested 
scientific experts selected for such purpose by the 
Administrator of ATSDR or the Administrator of EPA, as 
appropriate, on the basis of their reputation for scientific 
objectivity and the lack of institutional ties with any person 
involved in the conduct of the study or research under review. 
Support services for such panels shall be provided by the 
Agency for Toxic Substances and Disease Registry, or by the 
Environmental Protection Agency, as appropriate.
    [(14) In the implementation of this subsection and other 
health-related authorities of this Act, the Administrator of 
ATSDR shall assemble, develop as necessary, and distribute to 
the States, and upon request to medical colleges, physicians, 
and other health professionals, appropriate educational 
materials (including short courses) on the medical 
surveillance, screening, and methods of diagnosis and treatment 
of injury or disease related to exposure to hazardous 
substances (giving priority to those listed in paragraph (2)), 
through such means as the Administrator of ATSDR deems 
appropriate.]
    (14) Educational materials.--In implementing this 
subsection and other health-related provisions of this Act the 
Administrator of ATSDR, in cooperation with the States, shall--
          (A) assemble, develop as necessary, and distribute to 
        the State and local health officials, tribes, medical 
        colleges, physicians, nursing institutions, nurses, and 
        other health professionals and medical centers 
        appropriate educational materials (including short 
        courses) on the medical surveillance, screening, and 
        methods of prevention, diagnosis, and treatment of 
        injury or disease related to exposure to hazardous 
        substances (giving priority to those listed under 
        paragraph (2)) through means the Administrator of ATSDR 
        considers appropriate; and
          (B) 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.
    [(15)] (15) Grants, contracts, and community assistance.--
(A) The activities of the Administrator of ATSDR described in 
this subsection and section 111(c)(4) shall be carried out by 
the Administrator of ATSDR, either directly or through 
[cooperative agreements with States (or political subdivisions 
thereof)] grants, cooperative agreements, or contracts with 
States (or political subdivisions thereof), other appropriate 
public authorities, public or private institutions, colleges, 
universities, and professional associations which the 
Administrator of ATSDR determines are capable of carrying out 
such activities. Such activities shall include provision of 
consultations on health information, the conduct of public 
health assessments, including those required under section 
3019(b) of the Solid Waste Disposal Act, health studies, 
registries, and health surveillance.
    (B) When a public health assessment is conducted at a 
facility on the National Priorities List, or a facility is 
being evaluated for inclusion on the National Priorities List, 
the Administrator of ATSDR may provide the assistance specified 
in this paragraph to public or private nonprofit entities, 
individuals, and community-based groups that may be affected by 
the release or threatened release of hazardous substances in 
the environment.
    (C) The Administrator of ATSDR, pursuant to the grants, 
cooperative agreements, and contracts referred to in this 
paragraph, is authorized and directed to provide, where 
appropriate, diagnostic services, health data registries and 
preventative public health education to communities affected by 
the release of hazardous substances.
    (16) Personnel.--The President shall provide adequate 
personnel for ATSDR, which shall not be fewer than 100 
employees. For purposes of determining the number of employees 
under this subsection, an employee employed by ATSDR on a part-
time career employment basis shall be counted as a fraction 
which is determined by dividing 40 hours into the average 
number of hours of such employee's regularly scheduled 
workweek.
    (17) Authorities.--In accordance with section 120 (relating 
to Federal facilities), the Administrator of ATSDR shall have 
the same authorities under this section with respect to 
facilities owned or operated by a department, agency, or 
instrumentality of the United States as the Administrator of 
ATSDR has with respect to any nongovernmental entity.
    (18) Pollutants and contaminants.--If the Administrator of 
ATSDR determines that it is appropriate for purposes of this 
section to treat a pollutant or contaminant as a hazardous 
substance, such pollutant or contaminant shall be treated as a 
hazardous substance for such purpose.
    (19) Peer review committee.--The Administrator of ATSDR 
shall establish an external peer review committee of qualified 
health scientists who serve for fixed periods and meet 
periodically to--
          (A) provide guidance on initiation of studies;
          (B) assess the quality of study reports funded by the 
        agency; and
          (C) provide guidance on effective and objective risk 
        characterization and communication.
The peer review committee may include additional specific 
experts representing a balanced group of stakeholders on an ad 
hoc basis for specific issues. Meetings of the committee should 
be open to the public.

           *       *       *       *       *       *       *

  (k) Hazardous Substance Property Use.--
          (1) Authority of president to acquire easements.--In 
        connection with any remedial 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, 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 remedial action under 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 all 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 an 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 
        added to the registry established under section 
        121(g)(4).
          (6) Methods of acquiring easements.--The President 
        may acquire a hazardous substance easement by purchase 
        or other agreement, by condemnation, or by any other 
        means permitted by law. Compensation for such easement 
        shall be at fair market value, or for other 
        consideration as agreed to by the parties, for the 
        interest acquired.
          (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 or other governmental entity, assign an 
                easement acquired under this subsection to a 
                State or other governmental entity 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 subsection (j).
                  (B) Easements held by other persons.--
                          (i) Designation as hazardous 
                        substance easements.--Subject to clause 
                        (ii), in a case in which an 
                        institutional control is a component of 
                        a remedy selected under section 121 at 
                        a facility listed on the National 
                        Priorities List, the owner of property 
                        and the potential holder of a 
                        restrictive easement may expressly 
                        designate, in writing, any interest in 
                        property as a hazardous substance 
                        easement for the purpose of restricting 
                        or limiting the use of land, water, or 
                        other 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 
                        from such a facility.
                          (ii) Conditions.--An interest in 
                        property may be designated as a 
                        hazardous substance easement under 
                        clause (i) only if such interest is 
                        granted to a State, an Indian Tribe, 
                        another governmental entity, or other 
                        person that has the capability of 
                        effectively enforcing the easement over 
                        the period of time necessary to achieve 
                        the purpose of the easement, and such 
                        State, Tribe, governmental entity, or 
                        person consents to the transfer.
                          (iii) Effect of designation.--When 
                        properly recorded or filed under 
                        paragraph (5), a hazardous substance 
                        easement designated under clause (i) 
                        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, before 
        recording any notice of such easement, and before 
        terminating or modifying a hazardous substance 
        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 advisory group, 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 Administrator approves a modification or 
        termination and release of the easement and, following such 
        approval, the holder of the easement executes and records 
        such modification or termination and release in accordance 
        with the terms of the easement. Such modification or 
        termination shall be recorded in the same manner as the 
        easement. A person may conduct additional response actions 
        at a facility to allow for unrestricted use of the facility 
        and may subsequently request termination of the easement. 
        Such a request shall be granted by the holder of the easement 
        and approved by the President, in the discretion of the holder 
        and the President, if the holder and the President determine 
        that the easement is no longer necessary to protect human health 
        and the environment.
          (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) or section 120(g), 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 President 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 subsection (j)(2) or 
        section 120(h). Nothing in this subsection limits or 
        modifies the authority of the President pursuant to 
        subsection (j)(1).

           *       *       *       *       *       *       *


                       national contingency plan

    Sec. 105. (a) Revision and Republication.--Within one 
hundred and eighty days after the enactment of this Act, the 
President shall, after notice and opportunity for public 
comments, revise and republish the national contingency plan 
for the removal of oil and hazardous substances, originally 
prepared and published pursuant to section 311 of the Federal 
Water Pollution Control Act, to reflect and effectuate the 
responsibilities and powers created by this Act, in addition to 
those matters specified in section 311(c)(2). Such revision 
shall include a section of the plan to be known as the national 
hazardous substance response plan which shall establish 
procedures and standards for responding to releases of 
hazardous substances, pollutants, and contaminants, which shall 
include at a minimum:
          (1)  * * *

           *       *       *       *       *       *       *

          (8)(A)  * * *
          (B) based upon the criteria set forth in subparagraph 
        (A) of this paragraph, the President shall list as part 
        of the plan national priorities among the known 
        releases or threatened releases throughout the United 
        States and shall revise the list, subject to subsection 
        (h), no less often than annually. Within one year after 
        the date of enactment of this Act, and annually 
        thereafter, each State shall establish and submit for 
        consideration by the President priorities for remedial 
        action among known releases and potential releases in 
        that State based upon the criteria set forth in 
        subparagraph (A) of this paragraph. In assembling or 
        revising the national list, the President shall 
        consider any priorities established by the States. To 
        the extent practicable, the highest priority facilities 
        shall be designated individually and shall be referred 
        to as the ``top priority among known response 
        targets'', and, to the extent practicable, shall 
        include among the one hundred highest priority 
        facilities one such facility from each State which 
        shall be the facility designated by the State as 
        presenting the greatest danger to public health or 
        welfare or the environment among the known facilities 
        in such State. A State shall be allowed to designate 
        its highest priority facility only once. Other priority 
        facilities or incidents may be listed singly or grouped 
        for response priority purposes;

           *       *       *       *       *       *       *

    (c) Hazard Ranking System.--
          (1)  * * *

           *       *       *       *       *       *       *

          (5) Risk prioritization.--In setting priorities under 
        subsection (a)(8), the President shall place highest 
        priority on facilities with releases of hazardous 
        substances which result in actual ongoing human 
        exposures at levels of public health concern or 
        demonstrated adverse health effects as identified in a 
        public health assessment conducted by the Agency for 
        Toxic Substances and Disease Registry or are reasonably 
        anticipated based on currently known facts.
          (6) Prior response action.--Any evaluation under this 
        section shall take into account all prior response 
        actions taken at a facility.

           *       *       *       *       *       *       *

  (h) NPL Deferrals.--
          (1) Deferrals to other federal authority.--The 
        President generally shall defer listing a facility on 
        the National Priorities List if long-term remedial 
        action will be conducted under other Federal 
        authorities, including the Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq.), the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), the 
        Federal Insecticide, Fungicide, and Rodenticide Act (7 
        U.S.C. 136 et seq.), and the Atomic Energy Act of 1954 
        (42 U.S.C. 2011 et seq.).
          (2) Deferral to state response action.--The President 
        generally shall defer listing a facility on the 
        National Priorities List if remedial action that will 
        provide long-term protection of human health and the 
        environment is underway at that facility under a State 
        response program.
          (3) Encouraging state voluntary cleanups.--At the 
        request of a State, the President shall defer final 
        listing of a facility on the National Priorities List 
        if the State is attempting to obtain an agreement from 
        a person or persons to perform a remedial action that 
        will provide long-term protection of human health and 
        the environment at such facility under a State response 
        program. If, after the last day of the 1-year period 
        beginning on the date that the President proposes to 
        list the facility on the National Priorities List, the 
        President finds that the State is not making reasonable 
        progress toward obtaining such an agreement, the 
        President may place the facility on the National 
        Priorities List.
  (i) Facility Scoring.--The Administrator shall evaluate 
areas, such as Indian reservations or poor rural or urban 
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 National Priorities List listing and scoring 
and shall be evaluated for listing within 2 years after the 
date of enactment of this subsection.

           *       *       *       *       *       *       *


                            abatement action

    Sec. 106. (a)  * * *
    (b)(1)(A) Any person who, without sufficient cause, 
willfully violates, or fails or refuses to comply with, any 
order of the President under subsection (a) may, in an action 
brought in the appropriate United States district court [to 
enforce such order], be fined not more than $25,000 for each 
day in which such violation occurs or such failure to comply 
continues or be required to comply with such order, or both, 
even if another person has complied, or is complying, with the 
terms of the same order or another order pertaining to the same 
facility and release or threatened release.
  (B) For purposes of this subsection and section 107(c)(3), a 
``sufficient cause'' includes an objectively reasonable belief 
by the person to whom the order is issued that--
          (i) the person is not liable for any response costs 
        under section 107; or
          (ii) that the action to be performed pursuant to the 
        order is inconsistent with the national contingency 
        plan.

           *       *       *       *       *       *       *

  (d) Limitation on Liable Parties.--No Federal agency or 
department with authority to use the imminent hazard, 
enforcement, and emergency response authorities under this 
section may use such authorities with respect to a release or 
threatened release for which the agency or department is a 
responsible party under section 107.

           *       *       *       *       *       *       *


                               liability

  Sec. 107. (a)  * * *

           *       *       *       *       *       *       *

    [(b) There shall be no liability under subsection (a) of 
this section for a person otherwise liable who can establish by 
a preponderance of the evidence that the release or threat of 
release of a hazardous substance and the damages resulting 
therefrom were caused solely by--
          [(1) an act of God;
          [(2) an act of war;
          [(3) an act or omission of a third party other than 
        an employee or agent of the defendant, or than one 
        whose act or omission occurs in connection with a 
        contractual relationship, existing directly or 
        indirectly, with the defendant (except where the sole 
        contractual arrangement arises from a published tariff 
        and acceptance for carriage by a common carrier by 
        rail), if the defendant establishes by a preponderance 
        of the evidence that (a) he exercised due care with 
        respect to the hazardous substance concerned, taking 
        into consideration the characteristics of such 
        hazardous substance, in light of all relevant facts and 
        circumstances, and (b) he took precautions against 
        foreseeable acts or omissions of any such third party 
        and the consequences that could foreseeably result from 
        such acts or omissions; or
          [(4) any combination of the foregoing paragraphs.]
  (b) Defenses to Liability.--
          (1) In general.--There shall be no liability under 
        subsection (a) for a person otherwise liable who can 
        establish by a preponderance of the evidence that the 
        release or threat of release of a hazardous substance 
        and the damages resulting therefrom were caused solely 
        by--
                  (A) an act of God;
                  (B) an act of war;
                  (C) an act or omission of a third party other 
                than an employee or agent of the defendant, or 
                other than one whose act or omission occurs in 
                connection with a contractual relationship, 
                existing directly or indirectly, with the 
                defendant (except where the sole contractual 
                arrangement arises exclusively from a contract 
                for carriage by a common carrier by rail), if 
                the defendant establishes by a preponderance of 
                the evidence that (i) the defendant exercised 
                due care with respect to the hazardous 
                substance concerned, taking into consideration 
                the characteristics of such hazardous substance, 
                in light of all relevant facts, circumstances, and 
                generally accepted good commercial and customary 
                standards and practices at the time of the defendant's 
                acts or omissions, and (ii) the defendant took 
                precautions against foreseeable acts or omissions of 
                any such third party and the consequences that could 
                foreseeably result from such acts or omissions; or
                  (D) any combination of acts or omissions 
                described in subparagraphs (A), (B), and (C).
          (2) Liability relief for innocent parties.--
                  (A) Owners or operators.--
                          (i) In general.--There shall be no 
                        liability under subsection (a) for a 
                        person whose liability is based solely 
                        on the person's status as an owner or 
                        operator of a facility or vessel and 
                        who can establish by a preponderance of 
                        the evidence that--
                                  (I) the person acquired the 
                                facility or vessel after the 
                                disposal or placement of the 
                                hazardous substances for which 
                                liability is alleged under 
                                subsection (a);
                                  (II) the person did not, by 
                                any act or omission, cause or 
                                contribute to the release or 
                                threatened release of such 
                                hazardous substances; and
                                  (III) the person exercised 
                                appropriate care with respect 
                                to such hazardous substances.
                          (ii) Special rule for property 
                        acquired after date of enactment of 
                        cercla.--In addition to the 
                        requirements of clause (i), a person 
                        who acquired ownership of a facility or 
                        vessel after December 11, 1980, must 
                        establish by a preponderance of the 
                        evidence that the person, prior to such 
                        acquisition, made all appropriate 
                        inquiry into the previous ownership and 
                        uses of the facility or vessel in 
                        accordance with the generally accepted 
                        commercial and customary standards and 
                        practices of the time of acquisition.
                          (iii) Special rule for property 
                        acquired before march 25, 1999.--In 
                        addition to the requirements of clauses 
                        (i) and (ii), a person who acquired a 
                        facility or vessel before March 25, 
                        1999, must establish by a preponderance 
                        of the evidence that, at the time the 
                        person acquired the facility or vessel, 
                        the person did not know and had no 
                        reason to know that any hazardous 
                        substance which is the subject of a 
                        release or threatened release was 
                        disposed of on, in, or at the facility 
                        or vessel. This clause shall not apply 
                        to any person who expanded, developed, 
                        or redeveloped a commercial or 
                        industrial facility, notwithstanding 
                        the presence or potential presence of 
                        hazardous substances, under a Federal, 
                        State, or local program for the 
                        redevelopment of property that is or 
                        may be contaminated by hazardous 
                        substances.
                  (B) Recipients of property by inheritance or 
                bequest.--There shall be no liability under 
                subsection (a) for a person whose liability is 
                based solely on the person's status as an owner 
                or operator of a facility or vessel and who can 
                establish by a preponderance of the evidence 
                that the person meets the requirements of 
                subparagraph (A)(i) and that the person 
                acquired the property by inheritance or 
                bequest.
                  (C) Recipients of property by charitable 
                donation.--Liability under subsection (a) shall 
                be limited to the lesser of the fair market 
                value of the facility or vessel and the actual 
                proceeds of the sale of the facility for a 
                person whose liability is based solely on the 
                person's status as an owner or operator of the 
                facility or vessel and who can establish by a 
                preponderance of the evidence that the person 
                meets the requirements of subparagraph (A)(i) 
                and that the person holding title, either 
                outright or in trust, to the vessel or facility 
                is an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 
                and exempt from tax under section 501(a) of 
                such Code and holds such title as a result of a 
                charitable donation that qualifies under 
                section 170, 2055, or 2522 of such Code.
                  (D) Governmental entities.--There shall be no 
                liability under subsection (a) for a person 
                that is a governmental entity, that meets the 
                requirements of subparagraph (A)(i), and that 
                acquired a facility or vessel by escheat or 
                through any other involuntary transfer or by 
                acquisition through the exercise of eminent 
                domain authority if the person's liability is 
                based solely on--
                          (i) the person's status as an owner 
                        or operator of the facility or vessel; 
                        or
                          (ii) the granting of a license or 
                        permit to conduct business.
                  (E) Owners and operators of sewage treatment 
                works.--There shall be no liability under 
                subsection (a) for a person who is an owner or 
                operator of a treatment works (as defined in 
                section 212(2) of the Federal Water Pollution 
                Control Act) that is publicly or federally 
                owned or that, without regard to ownership, 
                would be considered a publicly owned treatment 
                works and is principally treating municipal 
                waste water or domestic sewage and who can 
                establish by a preponderance of the evidence 
                that--
                          (i) the treatment works, at the time 
                        of the release or threatened release, 
                        was subject to and in compliance with 
                        substantive requirements for 
                        pretreatment under section 307 of the 
                        Federal Water Pollution Control Act 
                        applicable to the hazardous substances, 
                        pollutants, and contaminants that are 
                        the subject of the response action; and
                          (ii) the release or threatened 
                        release was not caused by a failure to 
                        properly operate and maintain the 
                        treatment works or by conduct that 
                        constitutes gross negligence or 
                        intentional misconduct.
                  (F) Owners or operators of rights-of-way.--
                There shall be no liability under subsection 
                (a) for a person whose liability is based 
                solely on ownership or operation 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 if such person can 
                establish by a preponderance of the evidence that 
                the person did not, by any act or omission, cause 
                or contribute to the release or threatened release.
                  (G) Railroad owners or operators of spur 
                track.--There shall be no liability under 
                subsection (a) for a person whose liability is 
                based solely on the status of the person as a 
                railroad owner or railroad 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 railroad owner or operator if the 
                railroad owner or operator can establish by a 
                preponderance of the evidence that--
                          (i) the spur track provides access to 
                        a main line or branch line track that 
                        is owned or operated by the railroad 
                        owner or operator;
                          (ii) the spur track is 10 miles long 
                        or less; and
                          (iii) the railroad owner or operator 
                        did not cause or contribute to a 
                        release or threatened release of the 
                        hazardous substances for which 
                        liability is alleged under subsection 
                        (a).
                  (H) Construction contractors.--There shall be 
                no liability under subsection (a) for a person 
                who is a construction contractor (other than a 
                response action contractor covered by section 
                119) if such person can establish by a 
                preponderance of the evidence that--
                          (i) the person's liability is based 
                        solely on construction activities that 
                        were specifically directed by and 
                        carried out in accordance with a 
                        contract with an owner or operator of 
                        the facility;
                          (ii) the person did not know or have 
                        reason to know of the presence of 
                        hazardous substances at the facility 
                        concerned before beginning construction 
                        activities; and
                          (iii) the person exercised 
                        appropriate care with respect to the 
                        hazardous substances discovered in the 
                        course of performing the construction 
                        activity, including precautions against 
                        foreseeable acts of third parties, 
                        taking into consideration the 
                        characteristics of such hazardous 
                        substances, in light of all relevant 
                        facts, circumstances, and generally 
                        accepted good commercial and customary 
                        standards and practices at the time of 
                        the person's acts or omissions.
          (3) Appropriate care.--
                  (A) Site-specific basis.--The determination 
                whether or not a person has exercised 
                appropriate care with respect to hazardous 
                substances within the meaning of paragraph 
                (2)(A)(i)(III) shall be made on a site-specific 
                basis taking into consideration the 
                characteristics of the hazardous substances, in 
                light of all relevant facts, circumstances, and 
                generally accepted good commercial and 
                customary standards and practices at the time 
                of the defendant's acts or omissions.
                  (B) Safe harbor.--A person shall be deemed to 
                have exercised appropriate care within the 
                meaning of paragraph (2)(A)(i)(III) if--
                          (i) the person took reasonable steps 
                        to stop any continuing release, prevent 
                        any threatened future release, and 
                        prevent or limit human or natural 
                        resource exposure to any previously 
                        released hazardous substance, or
                          (ii) in any case in which the release 
                        or threatened release of hazardous 
                        substances is the subject of a response 
                        action by persons authorized to conduct 
                        the response action at the facility or 
                        vessel, the person provides access for 
                        and all reasonable cooperation with the 
                        response action.
          (4) All appropriate inquiry.--
                  (A) Site-specific basis.--The determination 
                whether or not a person has made all 
                appropriate inquiry into the previous ownership 
                and uses of a facility or vessel within the 
                meaning of paragraph (2)(A)(ii) shall be made 
                on a site-specific basis taking into account 
                any specialized knowledge or experience on the 
                part of the person, the relationship of the 
                purchase price to the value of the property if 
                contaminated, commonly known or reasonably 
                ascertainable information about the property, 
                the obviousness of the presence or likely 
                presence of contamination at the property, and 
                the ability to detect such contamination by 
                appropriate inspection.
                  (B) ASTM safe harbor.--A person who has 
                acquired real property shall be deemed to have 
                made all appropriate inquiry within the meaning 
                of paragraph (2)(A)(ii) if the person--
                          (i) establishes that an environmental 
                        assessment has been conducted in 
                        accordance with the standards set forth 
                        in the American Society for Testing and 
                        Materials Standards E1527-94, entitled 
                        `Standard Practice for Environmental 
                        Site Assessments: Phase I Environmental 
                        Site Assessment Process' or with 
                        alternative standards issued by rule by 
                        the Administrator or promulgated or 
                        developed by others and designated by 
                        rule by the Administrator; and
                          (ii) maintains a compilation of the 
                        information reviewed and gathered in 
                        the course of the environmental site 
                        assessment.
                  (C) Governmental review safe harbor.--A 
                person who has acquired real property shall be 
                deemed to have made all appropriate inquiry 
                within the meaning of paragraph (2)(A)(ii) if, 
                prior to such acquisition, the person reviewed 
                a final determination by a State or Federal 
                environmental or health agency with 
                jurisdiction over response actions at a 
                facility that no further response action was 
                planned at the facility based on the level of 
                risk to human health and the environment.
          (5) Limitations.--No defense shall be available to 
        any of the following:
                  (A) A person who obtained actual knowledge of 
                a release or threat of release of a hazardous 
                substance at a facility when such person owned 
                the real property and subsequently transferred 
                ownership of the property to another person 
                without disclosing such knowledge.
                  (B) A person who knowingly and willfully 
                impedes the performance of a response action or 
                natural resource restoration at a facility.
                  (C) A person who did not provide all legally 
                required notices with respect to the discovery 
                or release of any hazardous substances at a 
                facility.
                  (D) A person (other than a person described 
                in paragraph (2)(B)) who is affiliated with any 
                other person liable for response costs at a 
                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 or by a 
                contract for the sale of goods or services.
          (6) Windfall liens.--
                  (A) In general.--In any case in which there 
                are unrecovered response costs incurred by the 
                United States at a facility for which an owner 
                of the facility is not liable by reason of 
                paragraph (2), and the conditions described in 
                subparagraph (C) are met, the United States 
                shall have a lien upon such facility for such 
                unrecovered costs.
                  (B) Special rules.--A lien under this 
                paragraph--
                          (i) shall not 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;
                          (ii) shall arise at the time costs 
                        are first incurred by the United States 
                        with respect to a response action at 
                        the facility;
                          (iii) shall be subject to the 
                        requirements for notice and validity 
                        established by subsection (l)(3);
                          (iv) shall continue until the earlier 
                        of satisfaction of the lien or recovery 
                        of all response costs incurred at the 
                        facility; and
                          (v) shall not arise against a 
                        recipient of a grant under section 
                        127(b) or 127(c) with respect to such 
                        grant.
                  (C) Conditions.--The conditions referred to 
                in subparagraph (A) are the following:
                          (i) A response action for which there 
                        are unrecovered costs is carried out at 
                        the facility.
                          (ii) The United States has made 
                        reasonable efforts to recover such 
                        unrecovered response costs from parties 
                        liable under this section.
                          (iii) Such response action increases 
                        the fair market value of the facility 
                        above the fair market value of the 
                        facility that existed in the 6-month 
                        period preceding the date that response 
                        action began.
                  (D) Limitations.--No lien under this 
                paragraph shall arise--
                          (i) with respect to property for 
                        which the property owner preceding the 
                        current owner is not a liable party or 
                        has resolved its liability under this 
                        Act; or
                          (ii) in any case in which an 
                        environmental assessment gave the owner 
                        or operator no reason to know of the 
                        release of hazardous substances.

           *       *       *       *       *       *       *

    (d) Rendering Care or Advice.--
          (1)  * * *
          [(2) State and local governments.--No State or local 
        government shall be liable under this title for costs 
        or damages as a result of actions taken in response to 
        an emergency created by the release or threatened 
        release of a hazardous substance generated by or from a 
        facility owned by another person. This paragraph shall 
        not preclude liability for costs or damages as a result 
        of gross negligence or intentional misconduct by the 
        State or local government. For the purpose of the 
        preceding sentence, reckless, willful, or wanton 
        misconduct shall constitute gross negligence.]
          (2) State, tribal, and local governments.--
                  (A) In general.--No State, tribal, or local 
                government, including a municipality or other 
                political subdivision of a State, shall be 
                liable under this title for costs or damages as 
                a result of--
                          (i) actions taken in response to an 
                        emergency created by the release or 
                        threatened release of a hazardous 
                        substance generated by or from a 
                        facility owned by another person; or
                          (ii) actions to improve water quality 
                        protection at an abandoned mine site 
                        and adjacent lands that are owned by a 
                        person other than the State, tribal, or 
                        local government if such actions are 
                        taken in accordance with a response 
                        action approved under applicable State 
                        or Federal law.
                  (B) Limitation on statutory construction.--
                This paragraph shall not be construed to 
                preclude liability for costs or damages as a 
                result of gross negligence or intentional 
                misconduct by a governmental entity referred to 
                in subparagraph (A). For the purpose of the 
                preceding sentence, reckless, willful, or 
                wanton misconduct shall constitute gross 
                negligence.
          (3) Savings provision.--[This] Except with respect to 
        costs and damages referred to in paragraphs (1) and 
        (2)(A), this subsection shall not alter the liability 
        of any person covered by the provisions of paragraph 
        (1), (2), (3), or (4) of subsection (a) of this section 
        with respect to the release or threatened release 
        concerned.

           *       *       *       *       *       *       *

    (f) Special Rules for Natural Resources.--
          (1) Natural Resources Liability.--In the case of an 
        injury to, destruction of, or loss of natural resources 
        under subparagraph (C) of subsection (a) liability shall 
        be to the United States Government and to any State for 
        natural resources within the State or belonging to, managed 
        by, controlled by, or appertaining to such State and to any 
        Indian tribe for natural resources belonging to, managed by, 
        controlled by, or appertaining to such tribe, or held in trust 
        for the benefit of such tribe, or belonging to a member of 
        such tribe if such resources are subject to a trust restriction 
        on alienation: Provided, however, That no liability to the 
        United States or State or Indian tribe shall be imposed under 
        subparagraph (C) of subsection (a), where the party sought to 
        be charged has demonstrated that the damages to natural 
        resources complained of were specifically identified as an 
        irreversible and irretrievable commitment of natural resources 
        in an environmental impact statement, or other comparable 
        environment analysis, and the decision to grant a permit or 
        license authorizes such commitment of natural resources, and the 
        facility or project was otherwise operating within the terms of 
        its permit or license, so long as, in the case of damages to an 
        Indian tribe occurring pursuant to a Federal permit or license, 
        the issuance of that permit or license was not inconsistent 
        with the fiduciary duty of the United States with respect to 
        such Indian tribe. The President, or the authorized 
        representative of any State, shall act on behalf of the 
        public as trustee of such natural resources to recover for such 
        damages. Sums recovered by the United States Government as 
        trustee under this subsection shall be retained by the 
        trustee, without further appropriation, for use only to 
        restore, replace, or acquire the equivalent of such natural 
        resources. Sums recovered by a State as trustee under this 
        subsection shall be available for use only to restore, replace, 
        or acquire the equivalent of such natural resources by the 
        State. The measure of damages in any action under subparagraph 
        (C) of subsection (a) shall not be limited by the sums which 
        can be used to restore or replace such resources. There shall 
        be no double recovery under this Act for natural resource 
        damages, including the costs of damage assessment or 
        restoration, rehabilitation, or acquisition for the same release 
        and natural resource. There shall be no recovery under the 
        authority of subparagraph (C) of subsection (a) where such 
        damages and the release of a hazardous substance from which 
        such damages resulted have occurred wholly before the enactment 
        of this Act.

           *       *       *       *       *       *       *

          (3) Unitary executive.--In any judicial action 
        brought under this Act by the United States seeking 
        recovery for damages to natural resources, any brief or 
        motion addressing the interpretation and construction 
        of this subsection filed by the United States in any 
        other judicial action seeking recovery from the United 
        States for damages to natural resources under this Act 
        shall be admissible in the action brought by the United 
        States.

           *       *       *       *       *       *       *

    (i) Limitation on Liability for Application of Pesticide 
Products.--[No person]
          (1) In general.--No person (including the United 
        States or any State) or Indian tribe may recover under 
        the authority of this section for any response costs or 
        damages resulting from the application of a pesticide 
        product registered under the Federal Insecticide, 
        Fungicide, and Rodenticide Act. Nothing in this 
        paragraph shall affect or modify in any way the 
        obligations or liability of any person under any other 
        provision of State or Federal law, including common 
        law, for damages, injury, or loss resulting from a 
        release of any hazardous substance or for removal or 
        remedial action or the costs of removal or remedial 
        action of such hazardous substance.
          (2) Application in compliance with law.--For the 
        purposes of paragraph (1), the term ``application of a 
        pesticide product registered under the Federal 
        Insecticide, Fungicide, and Rodenticide Act'' includes 
        a release of a hazardous substance resulting from the 
        application, before the date of enactment of this 
        paragraph, of any pesticide, insecticide, or similar 
        product in compliance with a Federal or State law 
        (including a regulation) requiring the treatment of 
        livestock to prevent, suppress, control, or eradicate 
        any dangerous, contagious, or infectious disease or any 
        vector organism for such disease.

           *       *       *       *       *       *       *

    [(k)(1) The liability established by this section or any 
other law for the owner or operator of a hazardous waste 
disposal facility which has received a permit under subtitle C 
of the Solid Waste Disposal Act, shall be transferred to and 
assumed by the Post-closure Liability Fund established by 
section 232 of this Act when--
          [(A) such facility and the owner and operator thereof 
        has complied with the requirements of subtitle C of the 
        Solid Waste Disposal Act and regulations issued 
        thereunder, which may affect the performance of such 
        facility after closure; and
          [(B) such facility has been closed in accordance with 
        such regulations and the conditions of such permit, and 
        such facility and the surrounding area have been 
        monitored as required by such regulations and permit 
        conditions for a period not to exceed five years after 
        closure to demonstrate that there is no substantial 
        likelihood that any migration offsite or release from 
        confinement of any hazardous substance or other risk to 
        public health or welfare will occur.
    [(2) Such transfer of liability shall be effective ninety 
days after the owner or operator of such facility notifies the 
Administrator of the Environmental Protection Agency (and the 
State where it has an authorized program under section 3006(b) 
of the Solid Waste Disposal Act) that the conditions imposed by 
this subsection have been satisfied. If within such ninety-day 
period the Administrator of the Environmental Protection Agency 
or such State determines that any such facility has not 
complied with all the conditions imposed by this subsection or 
that insufficient information has been provided to demonstrate 
such compliance, the Administrator or such State shall so 
notify the owner and operator of such facility and the 
administrator of the Fund established by section 232 of this 
Act, and the owner and operator of such facility shall continue 
to be liable with respect to such facility under this section 
and other law until such time as the Administrator andsuch 
State determines that such facility has complied with all conditions 
imposed by this subsection. A determination by the Administrator or 
such State that a facility has not complied with all conditions imposed 
by this subsection or that insufficient information has been supplied 
to demonstrate compliance, shall be a final administrative action for 
purposes of judicial review. A request for additional information shall 
state in specific terms the data required.
    [(3) In addition to the assumption of liability of owners 
and operators under paragraph (1) of this subsection, the Post-
closure Liability Fund established by section 232 of this Act 
may be used to pay costs of monitoring and care and maintenance 
of a site incurred by other persons after the period of 
monitoring required by regulations under subtitle C of the 
Solid Waste Disposal Act for hazardous waste disposal 
facilities meeting the conditions of paragraph (1) of this 
subsection.
    [(4)(A) Not later than one year after the date of enactment 
of this Act, the Secretary of the Treasury shall conduct a 
study and shall submit a report thereon to the Congress on the 
feasibility of establishing or qualifying an optional system of 
private insurance for postclosure financial responsibility for 
hazardous waste disposal facilities to which this subsection 
applies. Such study shall include a specification of adequate 
and realistic minimum standards to assure that any such 
privately placed insurance will carry out the purposes of this 
subsection in a reliable, enforceable, and practical manner. 
Such a study shall include an examination of the public and 
private incentives, programs, and actions necessary to make 
privately placed insurance a practical and effective option to 
the financing system for the Post-closure Liability Fund 
provided in title II of this Act.
    [(B) Not later than eighteen months after the date of 
enactment of this Act and after a public hearing, the President 
shall by rule determine whether or not it is feasible to 
establish or qualify an optional system of private insurance 
for postclosure financial responsibility for hazardous waste 
disposal facilities to which this subsection applies. If the 
President determines the establishment or qualification of such 
a system would be infeasible, he shall promptly publish an 
explanation of the reasons for such a determination. If the 
President determines the establishment or qualification of such 
a system would be feasible, he shall promptly publish notice of 
such determination. Not later than six months after an 
affirmative determination under the preceding sentence and 
after a public hearing, the President shall by rule promulgate 
adequate and realistic minimum standards which must be met by 
any such privately placed insurance, taking into account the 
purposes of this Act and this subsection. Such rules shall also 
specify reasonably expeditious procedures by which privately 
placed insurance plans can qualify as meeting such minimum 
standards.
    [(C) In the event any privately placed insurance plan 
qualifies under subparagraph (B), any person enrolled in, and 
complying with the terms of, such plan shall be excluded from 
the provisions of paragraphs (1), (2), and (3) of this 
subsection and exempt from the requirements to pay any tax or 
fee to the Post-closure Liability Fund under title II of this 
Act.
    [(D) The President may issue such rules and take such other 
actions as are necessary to effectuate the purposes of this 
paragraph.
    [(5) Suspension of Liability Transfer.--Notwithstanding 
paragraphs (1), (2), (3), and (4) of this subsection and 
subsection (j) of section 111 of this Act, no liability shall 
be transferred to or assumed by the Post-Closure Liability 
Trust Fund established by section 232 of this Act prior to 
completion of the study required under paragraph (6) of this 
subsection, transmission of a report of such study to both 
Houses of Congress, and authorization of such a transfer or 
assumption by Act of Congress following receipt of such study 
and report.
    [(6) Study of Options for Post-closure Program.--
          [(A) Study.--The Comptroller General shall conduct a 
        study of options for a program for the management of 
        the liabilities associated with hazardous waste 
        treatment, storage, and disposal sites after their 
        closure which complements the policies set forth in the 
        Hazardous and Solid Waste Amendments of 1984 and 
        assures the protection of human health and the 
        environment.
          [(B) Program elements.--The program referred to in 
        subparagraph (A) shall be designed to assure each of 
        the following:
                  [(i) Incentives are created and maintained 
                for the safe management and disposal of 
                hazardous wastes so as to assure protection of 
                human health and the environment.
                  [(ii) Members of the public will have 
                reasonable confidence that hazardous wastes 
                will be managed and disposed of safely and that 
                resources will be available to address any 
                problems that may arise and to cover costs of 
                long-term monitoring, care, and maintenance of 
                such sites.
                  [(iii) Persons who are or seek to become 
                owners and operators of hazardous waste 
                disposal facilities will be able to manage 
                their potential future liabilities and to 
                attract the investment capital necessary to 
                build, operate, and close such facilities in a 
                manner which assures protection of human health 
                and the environment.
          [(C) Assessments.--The study under this paragraph 
        shall include assessments of treatment, storage, and 
        disposal facilities which have been or are likely to be 
        issued a permit under section 3005 of the Solid Waste 
        Disposal Act and the likelihood of future insolvency on 
        the part of owners and operators of such facilities. 
        Separate assessments shall be made for different 
        classes of facilities and for different classes of land 
        disposal facilities and shall include but not be 
        limited to--
                  [(i) the current and future financial 
                capabilities of facility owners and operators;
                  [(ii) the current and future costs associated 
                with facilities, including the costs of routine 
                monitoring and maintenance, compliance 
                monitoring, corrective action, natural resource 
                damages, and liability for damages to third 
                parties; and
                  [(iii) the availability of mechanisms by 
                which owners and operators of such facilities 
                can assure that current and future costs, 
                including post-closure costs, will be financed.
          [(D) Procedures.--In carrying out the 
        responsibilities of this paragraph, the Comptroller 
        General shall consult with the Administrator, the 
        Secretary of Commerce, the Secretary of the Treasury, 
        and the heads of other appropriate Federal agencies.
          [(E) Consideration of options.--In conducting the 
        study under this paragraph, the Comptroller General 
        shall consider various mechanisms and combinations of 
        mechanisms to complement the policies set forth in the 
        Hazardous and Solid Waste Amendments of 1984 to serve 
        the purposes set forth in subparagraph (B) and to 
        assure that the current and future costs associated 
        with hazardous waste facilities, including post-closure 
        costs, will be adequately financed and, to the greatest 
        extent possible, borne by the owners and operators of 
        such facilities. Mechanisms to be considered include, 
        but are not limited to--
                  [(i) revisions to closure, post-closure, and 
                financial responsibility requirements under 
                subtitles C and I of the Solid Waste Disposal 
                Act;
                  [(ii) voluntary risk pooling by owners and 
                operators;
                  [(iii) legislation to require risk pooling by 
                owners and operators;
                  [(iv) modification of the Post-Closure 
                Liability Trust Fund previously established by 
                section 232 of this Act, and the conditions for 
                transfer of liability under this subsection, 
                including limiting the transfer of some or all 
                liability under this subsection only in the 
                case of insolvency of owners and operators;
                  [(v) private insurance;
                  [(vi) insurance provided by the Federal 
                Government;
                  [(vii) coinsurance, reinsurance, or pooled-
                risk insurance, whether provided by the private 
                sector or provided or assisted by the Federal 
                Government; and
                  [(viii) creation of a new program to be 
                administered by a new or existing Federal 
                agency or by a federally chartered corporation.
          [(F) Recommendations.--The Comptroller General shall 
        consider options for funding any program under this 
        section and shall, to the extent necessary, make 
        recommendations to the appropriate committees of 
        Congress for additional authority to implement such 
        program.]

           *       *       *       *       *       *       *

  (o) Limitation on Liability for Small Businesses.--
          (1) In general.--With respect to actions taken before 
        March 25, 1999, no small business concern shall be 
        liable under subsection (a)(3) or (a)(4) for response 
        costs or damages at a facility or vessel on the 
        National Priorities List.
          (2) Limitation.--Paragraph (1) shall not apply to an 
        action brought by the President against a small 
        business concern if the hazardous substances 
        attributable to the small business concern have 
        contributed, or contribute, significantly to the costs 
        of the response action at the facility.
          (3) Small business concern defined.--In this 
        subsection, the term ``small business concern'' means a 
        business entity that on average over the previous 3 
        years preceding the date of notification by the 
        President that the business entity is a potentially 
        responsible party--
                  (A) has no more than 75 full-time employees 
                or the equivalent thereof; and
                  (B) has $3,000,000 or less in gross revenues.
  (p) Liability Exemptions and Limitations for Municipal Solid 
Waste and Sewage Sludge.--
          (1) Pre-enactment activities.--
                  (A) In general.--Except as provided in 
                subparagraph (B), no person shall be liable 
                under subsection (a)(3) or (a)(4) for response 
                costs or damages at a landfill facility on the 
                National Priorities List to the extent that the 
                person arranged or transported municipal solid 
                waste or municipal sewage sludge prior to the 
                date of enactment of this paragraph for 
                disposal at the landfill facility.
                  (B) Exception.--Notwithstanding subparagraph 
                (A), if the President determines that a person 
                transported material containing hazardous 
                substances to a landfill facility that has 
                contributed, or contributes, significantly to 
                the costs of response at the facility and such 
                person is engaged in the business of 
                transporting waste materials, such person may 
                be liable under subsection (a)(4). The 
                liability of such person shall be subject to 
                the aggregate limits on liability for municipal 
                solid waste set forth in paragraph (2). Any 
                determination of such person's equitable share 
                of response costs shall be determined on the 
                basis of such person's equitable share of the 
                aggregate amount of response costs attributable 
                to municipal solid waste and municipal sewage 
                sludge under paragraph (2).
          (2) Post-enactment activities.--
                  (A) In general.--To the extent that a person 
                or group of persons is liable under subsection 
                (a)(3) or (a)(4) for arranging or transporting 
                municipal solid waste or municipal sewage 
                sludge for disposal at a landfill facility on 
                the National Priorities List on or after the 
                date of enactment of this paragraph and is not 
                exempt from liability under paragraph (3), the 
                total aggregate liability for all such persons 
                or groups of persons for response costs at such 
                a landfill facility shall not exceed 10 percent 
                of such costs. With respect to actions taken on 
                or after the date that is 36 months after the 
                date of enactment of this paragraph this 
                limitation on liability shall apply only at a 
                landfill facility within a municipality that 
                has instituted or participates in a qualified 
                household hazardous waste collection program.
                  (B) Expedited settlements.--The President may 
                offer a person subject to a limitation on 
                liability under subparagraph (A) an expedited 
                settlement based on the average unit cost of 
                remediating municipal solid waste and municipal 
                sewage sludge in landfills in lieu of the 
                aggregate 10 percent limitation on liability 
                provided by subparagraph (A).
          (3) Special Rule.--No person shall be liable under 
        subsection (a)(3) or (a)(4) for response costs or 
        damages at a landfill facility on the National 
        Priorities List to the extent that--
                  (A) the materials that the person arranged or 
                transported for disposal consist of municipal 
                solid waste; and
                  (B) the person is--
                          (i) an owner, operator, or lessee of 
                        residential property from which all of 
                        the person's municipal solid waste was 
                        generated with respect to the facility;
                          (ii) a business entity that employs 
                        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.) from which was generated all 
                        of the entity's municipal solid waste 
                        with respect to the facility; or
                          (iii) an organization described in 
                        section 501(c)(3) of the Internal 
                        Revenue Code of 1986 and exempt from 
                        tax under section 501(a) of such Code 
                        if such organization employs no more 
                        than 100 paid individuals at the 
                        location from which was generated all 
                        of the municipal solid waste 
                        attributable to the organization with 
                        respect to the facility.
          (4) Mixed Wastes.--Liability for wastes that do not 
        fall within the definition of municipal solid waste 
        under paragraph (5)(A) and are collected and disposed 
        of with municipal solid wastes and municipal sewage 
        sludge shall be governed by section 107(a) and any 
        applicable exemptions or limitations on liability 
        without regard to the wastes covered by paragraph 
        (5)(A).
          (5) Definitions.--In this section, the following 
        definitions apply:
                  (A) Municipal solid waste.--The term 
                ``municipal solid waste'' means waste materials 
                generated by households, including single and 
                multifamily residences, and hotels and motels, 
                and waste materials generated by commercial, 
                institutional, and industrial sources, to the 
                extent that such materials (i) are essentially 
                the same as waste materials normally generated 
                by households, or (ii) are collected and 
                disposed of with other municipal solid waste, 
                and contain hazardous substances that would 
                qualify for the de micromis exemption under 
                section 107(r). The term includes food and yard 
                waste, paper, clothing, appliances, consumer 
                product packaging, disposable diapers, office 
                supplies, cosmetics, glass and metal food 
                containers, wooden pallets, cardboard, 
                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; solid waste from the 
                extraction, beneficiation, and processing of 
                ores and minerals; or waste from manufacturing 
                or processing operations (including pollution 
                control) that is not essentially the same as 
                waste normally generated by households.
                  (B) Municipal sewage sludge.--The term 
                ``municipal 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 (i) a 
                publicly owned treatment works, (ii) a 
                federally owned treatment works, or (iii) a 
                treatment works that, without regard to 
                ownership, would be considered to be a publicly 
                owned treatment works and is principally 
                treating municipal waste water or domestic 
                sewage.
                  (C) 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 semiannual collection of household 
                hazardous waste at accessible, well-publicized 
                collection points within the relevant 
                jurisdiction.
  (q) Limitation on Liability for Municipal Owners and 
Operators.--
          (1) Aggregate liability of small municipalities.--
        With respect to a facility that received municipal 
        solid waste, that was proposed for listing on the 
        National Priorities List before March 25, 1999, that is 
        or was owned or operated by municipalities with a 
        population of less than 100,000 according to the 1990 
        census, and that is not subject to the criteria for 
        solid waste landfills published under subtitle D of the 
        Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) at 
        part 258 of title 40, Code of Federal Regulations (or a 
        successor regulation), the aggregate liability of such 
        municipalities for response costs incurred on or after 
        March 25, 1999, shall be the lesser of--
                  (A) 10 percent of the total amount of 
                response costs at the facility; or
                  (B) the costs of compliance with the 
                requirements of such subtitle for the facility 
                (as if the facility had continued to accept 
                municipal solid waste through January 1, 1997).
          (2) Aggregate liability of large municipalities.--
        With respect to a facility that received municipal 
        solid waste, that was proposed for listing on the 
        National Priorities List before March 25, 1999, that is 
        or was owned or operated by municipalities with a 
        population of 100,000 or more according to the 1990 
        census, and that is not subject to the criteria for 
        solid waste landfills published under subtitle D of the 
        Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) at 
        part 258 of title 40, Code of Federal Regulations (or a 
        successor regulation), the aggregate liability of such 
        municipalities for response costs incurred on or after 
        March 25, 1999, shall be the lesser of--
                  (A) 20 percent of the total amount of 
                response costs at the facility; or
                  (B) the costs of compliance with the 
                requirements of such subtitle for the facility 
                (as if the facility had continued to accept 
                municipal solid waste through January 1, 1997).
  (r) De Micromis Exemption.--
          (1) In general.--In the case of a facility or vessel 
        listed on the National Priorities List, no person shall 
        be liable under subsection (a)(3) or (a)(4) if no more 
        than 110 gallons or 200 pounds of materials containing 
        hazardous substances at the facility or vessel is 
        attributable to such person, and the acts on which 
        liability is based took place before the date of enactment 
        of this paragraph.
          (2) Exception.--Paragraph (1) shall not apply in a 
        case in which the President determines that the 
        material described in paragraph (1) has contributed, or 
        contributes, significantly to the costs of response at 
        the facility.
  (s) Ineligibility for Exemptions or Limitations.--
          (1) Impeding response or restoration.--The exemptions 
        and limitations set forth in subsections (o), (p), (q), 
        and (r) and sections 114(c) and 130 shall not apply to 
        any person with respect to a facility if such person 
        impedes the performance of a response action or natural 
        resource restoration at the facility.
          (2) Failure to respond to information request.--The 
        exemptions and limitations set forth in subsections 
        (o), (p), (q), and (r) and sections 114(c) and 130 
        shall not apply to any person who--
                  (A) willfully fails to submit a complete and 
                timely response to an information request under 
                section 104(e); or
                  (B) knowingly makes any false or misleading 
                material statement or representation in any 
                such response.
          (3) Failure to provide cooperation and facility 
        access.--The limitation set forth in subsection (q) 
        shall not apply to any owner or operator of a facility 
        who does not provide all reasonable cooperation and 
        facility access to persons authorized to conduct 
        response actions at the facility.
  (t) Exempt Party Funding.--
          (1) Exempt party funding.--Except as provided in 
        paragraph (2), the equitable share of liability under 
        section 107(a) for any release or threatened release of 
        a hazardous substance from a facility or vessel on the 
        National Priorities List that is extinguished through 
        an exemption or limitation on liability under 
        subsection (o), (p), or (q) of this section, section 
        114(c), or section 130 shall be transferred to and 
        assumed by the Trust Fund.
          (2) Certain msw generators.--Paragraph (1) shall not 
        apply to the equitable share of liability of any person 
        who would have been liable under subsection (a)(3) or 
        (a)(4) but for the exemption from liability under 
        subsection (p)(3).
          (3) Source of funds.--Payments made by the Trust Fund 
        or work performed on behalf of the Trust Fund to meet 
        the obligations under paragraph (1) shall be funded 
        from amounts made available by section 111(a)(1).
  (u) Effect on Concluded Actions.--The exemptions from and 
limitations on liability provided under subsections (o), (p), 
(q), and (r) and sections 114(c) and 130 shall not affect any 
settlement or judgment approved by a United States District 
Court not later than 30 days after the date of enactment of 
this subsection or any administrative action against a person 
otherwise covered by such exemption or limitation that becomes 
effective not later than 30 days after such date of enactment.
  (v) Limitation on Recovery of Oversight Costs.--
          (1) In general.--Costs of oversight of a response 
        action shall not be recoverable under this section from 
        a person referred to in paragraph (2) to the extent 
        that such costs exceed 10 percent of the costs of the 
        response action.
          (2) Accounting of response costs.--Paragraph (1) 
        shall apply only to a person who provides the 
        Administrator with an accounting of the direct and 
        indirect costs that the person incurred in conducting 
        the response action. The Administrator may require an 
        independent audit of the costs from such person.

           *       *       *       *       *       *       *


                              uses of fund

    Sec. 111. [(a) In General.--For the purposes specified in 
this section there is authorized to be appropriated from the 
Hazardous Substance Superfund established under subchapter A of 
chapter 98 of the Internal Revenue Code of 1986 not more than 
$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 
such sums shall remain available until expended. The preceding 
sentence constitutes a specific authorization for the funds 
appropriated under title II of Public Law 99-160 (relating to 
payment to the Hazardous Substances Trust Fund). The President 
shall use the money in the Fund for the following purposes:
          [(1) Payment of governmental response costs incurred 
        pursuant to section 104 of this title, including costs 
        incurred pursuant to the Intervention on the High Seas 
        Act.
          [(2) Payment of any claim for necessary response 
        costs incurred by any other person as a result of 
        carrying out the national contingency plan established 
        under section 311(c) of the Clean Water Act and amended 
        by section 105 of this title: Provided, however, That 
        such costs must be approved under said plan and 
        certified by the responsible Federal official.
          [(3) Payment of any claim authorized by subsection 
        (b) of this section and finally decided pursuant to 
        section 112 of this title, including those costs set 
        out in subsection 112(c)(3) of this title.
          [(4) Payment of costs specified under subsection (c) 
        of this section.
          [(5) Grants for technical assistance.--The cost of 
        grants under section 117(e) (relating to public 
        participation grants for technical assistance).
          [(6) Lead contaminated soil.--Payment of not to 
        exceed $15,000,000 for the costs of a pilot program for 
        removal, decontamination, or other action with respect 
        to lead-contaminated soil in one to three different 
        metropolitan areas.
The President shall not pay for any administrative costs or 
expenses out of the Fund unless such costs and expenses are 
reasonably necessary for and incidental to the implementation 
of this title.
  [(b)(1) In General.--Claims asserted and compensable but 
unsatisfied under provisions of section 311 of the Clean Water 
Act, which are modified by section 304 of this Act may be 
assertedagainst the Fund under this title; and other claims 
resulting from a release or threat of release of a hazardous substance 
from a vessel or a facility may be asserted against the Fund under this 
title for injury to, or destruction or loss of, natural resources, 
including cost for damage assessment: Provided, however, That any such 
claim may be asserted only by the President, as trustee, for natural 
resources over which the United States has sovereign rights, or natural 
resources within the territory or the fishery conservation zone of the 
United States to the extent they are managed or protected by the United 
States, or by any State for natural resources within the boundary of 
that State belonging to, managed by, controlled by, or appertaining to 
the State, or by any Indian tribe or by the United States acting on 
behalf of any Indian tribe for natural resources belonging to, managed 
by, controlled by, or appertaining to such tribe, or held in trust for 
the benefit of such tribe, or belonging to a member of such tribe if 
such resources are subject to a trust restriction on alienation.
    [(2) Limitation on Payment of Natural Resource Claims.--
          [(A) General requirements.--No natural resource claim 
        may be paid from the Fund unless the President 
        determines that the claimant has exhausted all 
        administrative and judicial remedies to recover the 
        amount of such claim from persons who may be liable 
        under section 107.
          [(B) Definition.--As used in this paragraph, the term 
        ``natural resource claim'' means any claim for injury 
        to, or destruction or loss of, natural resources. The 
        term does not include any claim for the costs of 
        natural resource damage assessment.
  [(c) Uses of the Fund under subsection (a) of this section 
include--
          [(1) The costs of assessing both short-term and long-
        term injury to, destruction of, or loss of any natural 
        resources resulting from a release of a hazardous 
        substance.
          [(2) The costs of Federal or State or Indian tribe 
        efforts in the restoration, rehabilitation, or 
        replacement or acquiring the equivalent of any natural 
        resources injured, destroyed, or lost as a result of a 
        release of a hazardous substance.
          [(3) Subject to such amounts as are provided in 
        appropriation Acts, the costs of a program to identify, 
        investigate, and take enforcement and abatement action 
        against releases of hazardous substances.
          [(4) Any costs incurred in accordance with subsection 
        (m) of this section (relating to ATSDR) and section 
        104(i), including the costs of epidemiologic and 
        laboratory studies, health assessments, preparation of 
        toxicologic profiles, development and maintenance of a 
        registry of persons exposed to hazardous substances to 
        allow long-term health effect studies, and diagnostic 
        services not otherwise available to determine whether 
        persons in populations exposed to hazardous substances 
        in connection with a release or a suspected release are 
        suffering from long-latency diseases.
          [(5) Subject to such amounts as are provided in 
        appropriation Acts, the costs of providing equipment 
        and similar overhead, related to the purposes of this 
        Act and section 311 of the Clean Water Act, and needed 
        to supplement equipment and services available through 
        contractors or other non-Federal entities, and of 
        establishing and maintaining damage assessment 
        capability, for any Federal agency involved in strike 
        forces, emergency task forces, or other response teams 
        under the national contingency plan.
          [(6) Subject to such amounts as are provided in 
        appropriation Acts, the costs of a program to protect 
        the health and safety of employees involved in response 
        to hazardous substance releases. Such program shall be 
        developed jointly by the Environmental Protection 
        Agency, the Occupational Safety and Health 
        Administration, and the National Institute for 
        Occupational Safety and Health and shall include, but 
        not be limited to, measures for identifying and 
        assessing hazards to which persons engaged in removal, 
        remedy, or other response to hazardous substances may 
        be exposed, methods to protect workers from such 
        hazards, and necessary regulatory and enforcement 
        measures to assure adequate protection of such 
        employees.
          [(7) Evaluation costs under petition provisions of 
        section 105(d).--Costs incurred by the President in 
        evaluating facilities pursuant to petitions under 
        section 105(d) (relating to petitions for assessment of 
        release).
          [(8) Contract costs under section 104(a)(1).--The 
        costs of contracts or arrangements entered into under 
        section 104(a)(1) to oversee and review the conduct of 
        remedial investigations and feasibility studies 
        undertaken by persons other than the President and the 
        costs of appropriate Federal and State oversight of 
        remedial activities at National Priorities List sites 
        resulting from consent orders or settlement agreements.
          [(9) Acquisition costs under section 104(j).--The 
        costs incurred by the President in acquiring real 
        estate or interests in real estate under section 104(j) 
        (relating to acquisition of property).
          [(10) Research, development, and demonstration costs 
        under section 311.--The cost of carrying out section 
        311 (relating to research, development, and 
        demonstration), except that the amounts available for 
        such purposes shall not exceed the amounts specified in 
        subsection (n) of this section.
          [(11) Local government reimbursement.--Reimbursements 
        to local governments under section 123, except that 
        during the 8-fiscal year period beginning October 1, 
        1986, not more than 0.1 percent of the total amount 
        appropriated from the Fund may be used for such 
        reimbursements.
          [(12) Worker training and education grants.--The 
        costs of grants under section 126(g) of the Superfund 
        Amendments and Reauthorization Act of 1986 for training 
        and education of workers to the extent that such costs 
        do not exceed $10,000,000 for each of the fiscal years 
        1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994.
          [(13) Awards under section 109.--The costs of any 
        awards granted under section 109(d).
          [(14) Lead poisoning study.--The cost of carrying out 
        the study under subsection (f) of section 118 of the 
        Superfund Amendments and Reauthorization Act of 1986 
        (relating to lead poisoning in children).
    [(d)(1) No money in the Fund may be used under subsection 
(c)(1) and (2) of this section, nor for the payment of any 
claim under subsection (b) of this section, where the injury, 
destruction, or loss of natural resources and the release of a 
hazardous substance from which such damages resulted have 
occurred wholly before the enactment of this Act.
    [(2) No money in the Fund may be used for the payment of 
any claim under subsection (b) of this section where such 
expenses are associated with injury or loss resulting from 
long-term exposure to ambient concentrations of air pollutants 
from multiple or diffuse sources.
    [(e)(1) Claims against or presented to the Fund shall not 
be valid or paid in excess of the total money in the Fund at 
any one time. Such claims become valid only when additional 
money is collected, appropriated, or otherwise added to the 
Fund. Should the total claims outstanding at any time exceed 
the current balance of the Fund, the President shall pay such 
claims, to the extent authorized under this section, in full in 
the order in which they were finally determined.
    [(2) In any fiscal year, 85 percent of the money credited 
to the Fund under title II of this Act shall be available only 
for the purposes specified in paragraphs (1), (2), and (4) of 
subsection (a) of this section. No money in the Fund may be 
used for the payment of any claim under subsection (a)(3) or 
subsection (b) of this section in any fiscal year for which the 
President determines that all of the Fund is needed for 
response to threats to public health from releases or 
threatened releases of hazardous substances.
    [(3) No money in the Fund shall be available for remedial 
action, other than actions specified in subsection (c) of this 
section, with respect to federally owned facilities; except 
that money in the Fund shall be available for the provision of 
alternative water supplies (including the reimbursement of 
costs incurred by a municipality) in any case involving 
groundwater contamination outside the boundaries of a federally 
owned facility in which the federally owned facility is not the 
only potentially responsible party.
    [(4) Paragraphs (1) and (4) of subsection (a) of this 
section shall in the aggregate be subject to such amounts as 
are provided in appropriation Acts.]
  (a) Expenditures From Hazardous Substance Superfund.--
          (1) Subsection (b) expenditures.--The following 
        amounts of amounts appropriated to the Hazardous 
        Substance Superfund after January 1, 2000, pursuant to 
        section 9507(b) of the Internal Revenue Code of 1986, 
        and of amounts credited under section 9602(b) of such 
        Code with respect to those appropriated amounts, shall 
        be available for the purposes specified in subsection 
        (b):
                  (A) $300,000,000 for each of fiscal years 
                2000 through 2004.
                  (B) $200,000,000 for each of fiscal years 
                2005 through 2007.
        Such funds shall remain available until expended.
          (2) Subsections (c) and (d) expenditures.--There is 
        authorized to be appropriated from the Hazardous 
        Substance Superfund established pursuant to section 
        9507(b) of the Internal Revenue Code of 1986 for the 
        purposes specified in subsections (c) and (d) of this 
        section not more than--
                  (A) $1,500,000,000 for each of fiscal years 
                2000 through 2003;
                  (B) $1,400,000,000 for fiscal year 2004;
                  (C) $1,300,000,000 for fiscal year 2005;
                  (D) $1,200,000,000 for fiscal year 2006; and
                  (E) $975,000,000 for fiscal year 2007.
  (b) Payments Related to Certain Reductions, Limitations, and 
Exemptions.--
          (1) Funding of exempt party and fund share.--The 
        President may use amounts in the Fund made available by 
        subsection (a)(1) for funding the equitable share of 
        liability attributable to exempt parties under section 
        107(t) and obligations incurred by the President to pay 
        a Fund share or to reimburse parties for costs incurred 
        in excess of the parties' allocated shares under 
        section 131.
          (2) Limitations.--
                  (A) Funding.--Amounts made available by 
                subsection (a)(1) for the purposes of this 
                subsection shall not exceed the following:
                          (i) $300,000,000 for each of fiscal 
                        years 2000 through 2004.
                          (ii) $200,000,000 for each of fiscal 
                        years 2005 through 2007.
                  (B) Eligible costs.--No funds made available 
                under paragraph (1) may be used for payment of, 
                or reimbursement for, any portion of attorneys' 
                fees that do not constitute necessary costs of 
                response consistent the national contingency 
                plan.
                  (C) Additional purposes.--
                          (i) In general.--If, in any of fiscal 
                        years 2000 through 2004, the 
                        Administrator does not have available 
                        for obligation for the purposes of 
                        subsections (c) and (d) the amount 
                        specified for the fiscal year in clause 
                        (iii), the Administrator, subject to 
                        clause (ii), may use funds provided 
                        under subsection (a)(1) for such 
                        purposes.
                          (ii) Limitation.--The total amount of 
                        funds provided under subsection (a)(1) 
                        that the Administrator may use for the 
                        purposes of subsections (c) and (d) may 
                        not exceed the amount specified for the 
                        fiscal year in clause (iii) less the 
                        amount which (but for this 
                        subparagraph) would be available to the 
                        Administrator in such fiscal year for 
                        such purposes.
                          (iii) Amounts.--The amounts specified 
                        in this clause are $1,500,000,000 for 
                        each of fiscal years 2000 through 2003 
                        and $1,400,000,000 for fiscal year 
                        2004.
  (c) Response, Removal, and Remediation.--The President may 
use amounts in the Fund appropriated under subsection (a)(2)for 
costs of response, removal, and remediation (and administrative costs 
directly related to such costs), including the following:
          (1) Government response costs.--Payment of 
        governmental response costs incurred pursuant to 
        section 104, including costs incurred pursuant to the 
        Intervention on the High Seas Act (33 U.S.C. 1471 et 
        seq.).
          (2) Private response cost claims.--Payment of any 
        claim for necessary response costs incurred by any 
        other person as a result of carrying out the national 
        contingency plan established under section 105, if such 
        costs are approved under such plan, are reasonable in 
        amount based on open and free competition or fair 
        market value for similar available goods and services, 
        and are certified by the responsible Federal official.
          (3) Acquisition costs under section 104(j).--The 
        costs incurred by the President in acquiring real 
        estate or interests in real estate under section 104(j) 
        (relating to acquisition of property).
          (4) State and local government reimbursement.--
        Reimbursement to States and local governments under 
        section 123; except that during any fiscal year not 
        more than 0.1 percent of the total amount appropriated 
        under subsection (a)(2) may be used for such 
        reimbursements.
          (5) Contracts and cooperative agreements.--Payment 
        for the implementation of any contract or cooperative 
        agreement under section 104(d).
          (6) Natural resource damage assessments.--The costs 
        of assessing both short-term and long-term injury to, 
        destruction of, or loss of any natural resources 
        resulting from a release of a hazardous substance.
  (d) Administration, Oversight, Research, and Other Costs.--
The President may use amounts in the Fund appropriated under 
subsection (a)(2) for the following costs (and administrative 
costs directly related to such costs):
          (1) Investigation and enforcement.--The costs of 
        identifying, investigating, and taking enforcement 
        action against releases of hazardous substances.
          (2) Overhead.--
                  (A) In general.--The costs of providing 
                services, equipment, and other overhead related 
                to the purposes of this Act and section 311 of 
                the Federal Water Pollution Control Act and 
                needed to supplement equipment and services 
                available through contractors and other non-
                Federal entities.
                  (B) Damage assessment capability.--The costs 
                of establishing and maintaining damage 
                assessment capability for any Federal agency 
                involved in strike forces, emergency task 
                forces, or other response teams under the 
                National Contingency Plan.
          (3) Employee safety programs.--The cost of 
        maintaining programs otherwise authorized by this Act 
        to protect the health and safety of employees involved 
        in response to hazardous substance releases.
          (4) Grants for technical assistance.--The cost of 
        grants under section 117(e) (relating to public 
        participation grants for technical assistance).
          (5) Worker training and education grants.--The cost 
        of grants under section 126(g) of the Superfund 
        Amendments and Reauthorization Act of 1986 for training 
        and education of workers to the extent that such costs 
        do not exceed $40,000,000 for each of fiscal years 2000 
        through 2007.
          (6) ATSDR activities.--Any costs incurred in 
        accordance with subsection (m) of this section 
        (relating to ATSDR) and section 104(i), including the 
        costs of epidemiologic and laboratory studies, public 
        health assessments, and other activities authorized by 
        section 104(i).
          (7) Evaluation costs under petition provisions of 
        section 105(d).--Costs incurred by the President in 
        evaluation facilities pursuant to petitions under 
        section 105(d) (relating to petitions for assessment of 
        release).
          (8) Contract costs under section 104(a)(1).--The 
        costs of contracts or arrangements entered into under 
        section 104(a)(1) to oversee and review the conduct of 
        remedial investigations and feasibility studies 
        undertaken by persons other than the President and the 
        costs of appropriate Federal and State oversight of 
        remedial activities at National Priorities List sites 
        resulting from consent orders or settlement agreements.
          (9) Research, development, and demonstration costs 
        under section 311.--The cost of carrying out section 
        311 (relating to research, development, and 
        demonstration).
          (10) Awards under section 109.--The costs of any 
        awards granted under section 109(d) (relating to 
        providing information concerning violations).
          (11) Comprehensive state ground water protection 
        plans.--Costs of providing assistance to States to 
        develop comprehensive State ground water protection 
        plans to the extent such costs do not exceed $3,000,000 
        in a fiscal year.
  (e) Limitations on Natural Resources Claims.--No money in the 
Fund may be used for the payment of any claim under subsection 
(c)(6) where such expenses are associated with injury or loss 
resulting from long-term exposure to ambient concentrations of 
air pollutants from multiple or diffuse sources.
  (f) Other Limitations.--
          (1) Limitations on payments of claims.--Claims 
        against or presented to the Fund shall not be valid or 
        paid in excess of the total unobligated balance in the 
        Fund at any one time. Such claims become valid and are 
        payable only when additional money is collected, 
        appropriated, or otherwise added to the Fund. Should 
        the total claims outstanding at any time exceed the 
        current balance of the Fund, the President shall pay 
        such claims, to the extent authorized under this 
        section, in full in the order in which they were 
        finally determined.
          (2) Remedial actions at federally owned facilities.--
        No money in the Fund shall be available for costs of 
        remedial action, other than costs specified in 
        subsection (d), with respect to federally owned 
        facilities; except that money in the Fund shall be 
        available for the provision of alternative water 
        supplies (including the reimbursement of costs incurred 
        by a municipality) in any case involving ground water 
        contamination outside the boundaries of a federally owned 
        facility in which the federally owned facility is not the 
        only potentially responsible party.
          (3) Remedial actions at facilities not listed on 
        npl.--No money in the Fund shall be available for 
        response actions that are not removal actions under 
        section 101(23) with respect to any facility that is 
        not listed on the National Priorities List.
    [(f)] (g) The President is authorized to promulgate 
regulations designating one or more Federal officials who may 
obligate money in the Fund in accordance with this section or 
portions thereof. The President is also authorized to delegate 
authority to obligate money in the Fund or to settle claims to 
officials of a State or Indian tribe operating under a contract 
or cooperative agreement with the Federal Government pursuant 
to section 104(d) of this title.
    [(g)] (h) The President shall provide for the promulgation 
of rules and regulations with respect to the notice to be 
provided to potential injured parties by an owner and operator 
of any vessel, or facility from which a hazardous substance has 
been released. Such rules and regulations shall consider the 
scope and form of the notice which would be appropriate to 
carry out the purposes of this title. Upon promulgation of such 
rules and regulations, the owner and operator of any vessel or 
facility from which a hazardous substance has been released 
shall provide notice in accordance with such rules and 
regulations. With respect to releases from public vessels, the 
President shall provide such notification as is appropriate to 
potential injured parties. Until the promulgation of such rules 
and regulations, the owner and operator of any vessel or 
facility from which a hazardous substance has been released 
shall provide reasonable notice to potential injured parties by 
publication in local newspapers serving the affected area.

           *       *       *       *       *       *       *

    [(j) The President shall use the money in the Post-closure 
Liability Fund for any of the purposes specified in subsection 
(a) of this section with respect to a hazardous waste disposal 
facility for which liability has transferred to such fund under 
section 107(k) of this Act, and, in addition, for payment of 
any claim or appropriate request for costs of response, 
damages, or other compensation for injury or loss under section 
107 of this Act or any other State or Federal law, resulting 
from a release of a hazardous substance from such a facility.]

           *       *       *       *       *       *       *

    [(n) Limitations on Research, Development, and 
Demonstration Program.--
          [(1) Section 311(b).--For each of the fiscal years 
        1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994, not 
        more than $20,000,000 of the amounts available in the 
        Fund may be used for the purposes of carrying out the 
        applied research, development, and demonstration 
        program for alternative or innovative technologies and 
        training program authorized under section 311(b) 
        (relating to research, development, and demonstration) 
        other than basic research. Such amounts shall remain 
        available until expended.
          [(2) 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) (relating to 
        hazardous substance research, demonstration, and 
        training activities):
                  [(A) For the fiscal year 1987, $3,000,000.
                  [(B) For the fiscal year 1988, $10,000,000.
                  [(C) For the fiscal year 1989, $20,000,000.
                  [(D) For the fiscal year 1990, $30,000,000.
                  [(E) For each of the fiscal years 1991, 1992, 
                1993, and 1994, $35,000,000.
        No more than 10 percent of such amounts shall be used 
        for training under section 311(a) in any fiscal year.
          [(3) Section 311(d).--For each of the fiscal years 
        1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994, not 
        more than $5,000,000 of the amounts available in the 
        Fund may be used for the purposes of section 311(d) 
        (relating to university hazardous substance research 
        centers).]

           *       *       *       *       *       *       *

    (p) General Revenue Share of Superfund.--
          [(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 1987, $212,500,000.
                  [(B) For fiscal year 1988, $212,500,000.
                  [(C) For fiscal year 1989, $212,500,000.
                  [(D) For fiscal year 1990, $212,500,000.
                  [(E) For fiscal year 1991, $212,500,000.
                  [(F) For fiscal year 1992, $212,500,000.
                  [(G) For fiscal year 1993, $212,500,000.
                  [(H) For fiscal year 1994, $212,500,000.
        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 
        (and paragraph (2) of section 221(b) of the Hazardous 
        Substance Response Revenue Act of 1980) as has not been 
        appropriated before the beginning of the fiscal year 
        involved.]
          (1) In general.--There is authorized to be 
        appropriated, out of any money in the Treasury not 
        otherwise appropriated, to the Hazardous Substance 
        Superfund $250,000,000 for each of fiscal years 2000 
        through 2007. 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.

           *       *       *       *       *       *       *


                            claims procedure

    Sec. 112. (a) Claims Against the Fund for Response Costs.--
No claim may be asserted against the Fund pursuant tosection 
111[(a)](c) unless such claim is presented in the first instance to the 
owner, operator, or guarantor of the vessel or facility from which a 
hazardous substance has been released, if known to the claimant, and to 
any other person known to the claimant who may be liable under section 
107. In any case where the claim has not been satisfied within 60 days 
of presentation in accordance with this subsection, the claimant may 
present the claim to the Fund for payment. No claim against the Fund 
may be approved or certified during the pendency of an action by the 
claimant in court to recover costs which are the subject of the claim.

           *       *       *       *       *       *       *

    (f) Double Recovery Prohibited.--Where the President has 
paid out of the Fund for any response costs or any costs 
specified under section [111(c)(1) or (2)] 111(c)(6), no other 
claim may be paid out of the Fund for the same costs.

                   litigation, jurisdiction and venue

    Sec. 113. (a)  * * *

           *       *       *       *       *       *       *

    (f) Contribution.--
          (1)  * * *
          (4) Limitations on contribution actions.--
                  (A) In general.--There shall be no right of 
                contribution under this subsection in any of 
                the following circumstances:
                          (i) The person asserting the right of 
                        contribution has waived the right in a 
                        settlement pursuant to this Act.
                          (ii) The person from whom 
                        contribution is sought is not liable 
                        under this Act.
                          (iii) The person from whom 
                        contribution is sought has entered into 
                        a settlement with the United States 
                        pursuant to section 122(g), with 
                        respect to matters addressed in that 
                        settlement.
                  (B) Attorneys' fees.--Any person who 
                commences an action for contribution shall be 
                liable to the person against whom the claim of 
                contribution is brought for all reasonable 
                costs of defending against the claim, including 
                all reasonable attorneys' and expert witness 
                fees, if--
                          (i) the action is barred by 
                        subparagraph (A);
                          (ii) the action is brought against a 
                        person who is protected from such suits 
                        pursuant to section 113(f)(2) by reason 
                        of a settlement with the United States; 
                        or
                          (iii) the action is brought during 
                        the moratorium pursuant to section 131 
                        (relating to allocation).

           *       *       *       *       *       *       *


                       relationship to other law

  Sec. 114. (a)  * * *

           *       *       *       *       *       *       *

  (c) Recycled Oil.--
          (1) Service station dealers, etc.--No person 
        (including the United States or any State) may recover, 
        under the authority of subsection (a)(3) or (a)(4) of 
        section 107, from a service station dealer for any 
        response costs or damages resulting from a release or 
        threatened release of recycled oil, or use the 
        authority of section 106 against a service station 
        dealer other than a person described in subsection 
        (a)(1) or (a)(2) of section 107, if such recycled oil--
                  (A)  * * *
                  (B) is stored, treated, transported, or 
                otherwise managed in compliance with 
                regulations or standards promulgated pursuant 
                to section 3014 of the Solid Waste Disposal Act 
                and other applicable [authorities.] authorities 
                that were in effect on the date of such 
                activity.

           *       *       *       *       *       *       *

          (2) Presumption.--Solely for the purposes of this 
        subsection, [a service station dealer may presume that] 
        a small quantity of used oil [is not mixed with] is 
        presumed to be not mixed with other hazardous 
        substances if it--
                  [(A) has been removed from the engine of a 
                light duty motor vehicle or household 
                appliances by the owner of such vehicle or 
                appliances, and
                  [(B) is presented, by such owner, to the 
                dealer for collection, accumulation, and 
                delivery to an oil recycling facility.]
                  (A) has been removed from the engine of a 
                light duty motor vehicle or household appliance 
                by the owner of such vehicle or appliance and 
                is presented by such owner to the dealer for 
                collection, accumulation, and delivery to an 
                oil recycling facility; or
                  (B) has been removed from such an engine or 
                appliance by the dealer for collection, 
                accumulation, and delivery to an oil recycling 
                facility.

           *       *       *       *       *       *       *

          [(4) Effective date.--The effective date of 
        paragraphs (1) and (2) of this subsection shall be the 
        effective date of regulations or standards promulgated 
        under section 3014 of the Solid Waste Disposal Act that 
        include, among other provisions, a requirement to 
        conduct corrective action to respond to any releases of 
        recycled oil under subtitle C or subtitle I of such 
        Act.]

           *       *       *       *       *       *       *


SEC. 117. PUBLIC PARTICIPATION.

  (a) Improving Citizen and Community Participation in 
Decisionmaking.--
          (1) In general.--In order to provide an opportunity 
        for meaningful public participation at every 
        significant phase of a response action at a covered 
        facility, 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 to disseminate 
        information to the community concerning the President's 
        activities at a covered facility.
          (2) Preliminary assessment and site inspection.--
                  (A) Evaluation of concerns.--To the extent 
                practicable, before or during site inspection, 
                the President shall solicit and evaluate 
                concerns, interests, and information from 
                affected Indian Tribes, the affected community, 
                local government officials, and State and local 
                health officials.
                  (B) Requirements for evaluation.--An 
                evaluation under subparagraph (A) 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.--
                  (A) Public meetings.--The President shall 
                provide, as appropriate, an opportunity for 
                public meetings and publish a notice of such 
                meetings before or during the remedial 
                investigation and feasibility study.
                  (B) Solicitation of views.--During the 
                remedial investigation and feasibility study, 
                the President shall solicit the views and 
                preferences of affected Indian tribes, the 
                affected community, local government officials, 
                and State 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.
          [(a)] (4) [Proposed Plan] Proposed plan.--Before 
        adoption of any plan for remedial action to be 
        undertaken by the President, by a State, or by any 
        other person, under section 104, 106, 120, or 122, the 
        President or State, as appropriate, shall take both of 
        the following actions:
                  [(1)] (A) Publish a notice and brief analysis 
                of the proposed plan and make such plan 
                available to the public.
                  [(2)] (B) Provide a reasonable opportunity 
                for submission of written and oral comments and 
                an opportunity for a public meeting at or near 
                the facility at issue regarding the proposed 
                plan and regarding any proposed findings under 
                section 121(d)(4) (relating to cleanup 
                standards). The President or the State shall 
                keep a transcript of the meeting and make such 
                transcript available to the public.
        The notice and analysis published [under paragraph (1)] 
        under subparagraph (A) shall include sufficient 
        information as may be necessary to provide a reasonable 
        explanation of the proposed plan and alternative 
        proposals considered.
          (5) Completion of work plan.--The President shall 
        provide, as appropriate, an opportunity for public 
        meetings and publish a notice of such meetings before 
        or during the completion of the work plan for the 
        remedial action.
          [(b)] (6) [Final Plan] Final plan.--Notice of the 
        final remedial action plan adopted shall be published 
        and the plan shall be made available to the public 
        before commencement of any remedial action. Such final 
        plan shall be accompanied by a discussion of any 
        significant changes (and the reasons for such changes) 
        in the proposed plan and a response to each of the 
        significant comments, criticisms, and new data 
        submitted in written or oral presentations under 
        subsection (a).
          [(c)] (7) [Explanation of Differences] Explanation of 
        differences.--After adoption of a final remedial action 
        plan--
                  [(1)] (A) if any remedial action is taken,
                  [(2)] (B) if any enforcement action under 
                section 106 is taken, or
                  [(3)] (C) if any settlement or consent decree 
                under section 106 or section 122 is entered 
                into,
        and if such action, settlement, or decree differs in 
        any significant respects from the final plan, the 
        President or the State shall publish an explanation of 
        the significant differences and the reasons such 
        changes were made.
          (8) Alternatives.--Pursuant to paragraph (4), 
        affected Indian tribes, the affected community, local 
        government officials, and State and local health 
        officials may propose remedial alternatives to the 
        President. The President shall consider such 
        alternatives in the same manner as the President 
        considers alternatives proposed by other parties.
          (9) Selecting appropriate activities.--In determining 
        which of the activities set forth in paragraph (2) may 
        be appropriate, the President may consult with affected 
        Indian tribes, the affected community, local government 
        officials, and State and local health officials.
          (10) Providing information.--
                  (A) In general.--The President shall provide 
                information to affected Indian tribes, the 
                affected community, local government officials, 
                and State and local health officials at every 
                significant phase of the response action at the 
                covered facility.
                  (B) Notice.--The President, on a regular 
                basis, shall inform the entities specified in 
                subparagraph (A) of the progress and substance 
                of technical meetings between the lead agency 
                and potentially responsible parties regarding a 
                covered facility and shall provide notice to 
                such entities concerning--
                          (i) the schedule for commencement of 
                        construction activities at the covered 
                        facility and the location and 
                        availability of construction plans;
                          (ii) the results of any review under 
                        section 121(c) and any modifications to 
                        the covered facility made as a result 
                        of the review; and
                          (iii) the execution of and any 
                        revisions to institutional controls 
                        being used as part of a remedial 
                        action.
  (b) Additional Information Requirements.--
          (1) Additional public involvement requirements.--
                  (A) Availability of records.--The President 
                shall make records relating to a response 
                action at a covered facility available to the 
                public throughout all phases of the response 
                action. 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.
                  (B) Requirements for public information.--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.
          (2) Disclosure of releases of hazardous substances at 
        superfund sites.--
                  (A) Information.--The President shall make 
                the following information available to the 
                public as provided in subparagraph (B) about 
                releases of hazardous substances, pollutants, 
                and contaminants from covered facilities at the 
                following stages of a response action:
                          (i) Removal actions.--A best estimate 
                        of the releases from the facility 
                        before the removal action is taken, 
                        during the period of the removal 
                        action, and that are expected after the 
                        removal action is completed.
                          (ii) Remedial investigation.--As part 
                        of the requirements for the remedial 
                        investigation, a summary and best 
                        estimate of the releases from the 
                        facility.
                          (iii) Feasibility study.--As part of 
                        the feasibility study, a summary and 
                        best estimate of the releases that are 
                        expected both during and at the 
                        conclusion of each remedial option that 
                        is considered.
                          (iv) Record of decision.--As part of 
                        the record of decision, a summary and 
                        best estimate of the releases that are 
                        expected both during and at the 
                        conclusion of implementation of the 
                        selected remedy.
                          (v) Construction completion.--After 
                        construction of the remedy is complete 
                        and during operation and maintenance, a 
                        periodic assessment of releases based 
                        on any monitoring required under 
                        section 121(g).
                  (B) Availability of information.--Information 
                provided under this paragraph shall be made 
                available to the residents of the communities 
                surrounding the covered facility, to police, 
                fire, and emergency medical personnel in the 
                surrounding communities, and to the general 
                public. To improve access to such information 
                by Federal, State, and local governments and 
                researchers, such information may be provided 
                to the general public through electronic or 
                other means. Such information shall be 
                expressed in common units and a common format.
                  (C) Source of information and methods of 
                collection.--Nothing in this paragraph shall 
                require the collection of any additional data 
                beyond that already collected as part of the 
                response action. If data are not readily 
                available, the information provided under this 
                paragraph shall be based on best estimates.
    [(d)] (c) Publication.--For the purposes of this section, 
publication shall include, at a minimum, publication in a major 
local newspaper of general circulation. In addition, each item 
developed, received, published, or made available to the public 
under this section shall be available for public inspection and 
copying at or near the facility at issue.
    [(e) Grants for Technical Assistance.--
          [(1) Authority.--Subject to such amounts as are 
        provided in appropriations Acts and in accordance with 
        rules promulgated by the President, the President may 
        make grants available to any group of individuals which 
        may be affected by a release or threatened release at 
        any facility which is listed on the National Priorities 
        List under the National Contingency Plan. Such grants 
        may be used to obtain technical assistance in 
        interpreting information with regard to the nature of 
        the hazard, remedial investigation and feasibility 
        study, record of decision, remedial design, selection 
        and construction of remedial action, operation and 
        maintenance, or removal action at such facility.
          [(2) Amount.--The amount of any grant under this 
        subsection may not exceed $50,000 for a single grant 
        recipient. The President may waive the $50,000 
        limitation in any case where such waiver is necessary 
        to carry out the purposes of this subsection. Each 
        grant recipient shall be required, as a condition of 
        the grant, to contribute at least 20 percent of the 
        total of costs of the technical assistance for which 
        such grant is made. The President may waive the 20 
        percent contribution requirement if the grant recipient 
        demonstrates financial need and such waiver is 
        necessary to facilitate public participation in the 
        selection of remedial action at the facility. Not more 
        than one grant may be made under this subsection with 
        respect to a single facility, but the grant may be 
        renewed to facilitate public participation at all 
        stages of remedial action.]
  (d) Technical Assistance Grants.--
          (1) Authority.--In accordance with rules to be 
        promulgated by the Administrator, the Administrator may 
        make grants for technical assistance available to any 
        affected community with respect to--
                  (A) a covered facility;
                  (B) a facility at which the Administrator is 
                undertaking a response action anticipated to 
                exceed 1 year; or
                  (C) a facility at which the funding limit 
                under section 104 is anticipated to be reached.
          (2) Special rules.--
                  (A) Federal share.--No matching contribution 
                shall be required for a grant under this 
                subsection.
                  (B) Advance payments.--The Administrator may 
                make available to a recipient of a grant under 
                this subsection in advance of the expenditures 
                to be covered by the grant the lesser of $5,000 
                or 10 percent of the total amount of the grant.
          (3) Grant availability.--The Administrator shall 
        promptly notify residents and Indian tribes living near 
        a facility eligible for grants under paragraph (1) that 
        technical assistance grants are available under this 
        section.
          (4) Number of grants per facility.--
                  (A) In general.--Except as otherwise provided 
                in this paragraph, the Administrator may not 
                make more than 1 grant under this subsection 
                with respect to a single facility.
                  (B) Renewal of grants.--A grant made under 
                this subsection with respect to a facility may 
                be renewed to facilitate public participation 
                at all stages of a response action.
                  (C) Special rule.--In exceptional 
                circumstances, the Administrator may provide 
                more than 1 grant under this subsection with 
                respect to a single facility, after considering 
                such factors as the area affected by the 
                facility and the distances between affected 
                communities.
          (5) Funding amount.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the amount of a grant under 
                this subsection may not exceed $50,000 for a 
                single grant recipient.
                  (B) Additional funds.--The Administrator may 
                increase the amount of a grant under this 
                subsection if--
                          (i) the grant recipient demonstrates 
                        that the characteristics of a facility 
                        indicate that additional funds are 
                        necessary due to the complexity of the 
                        response action, including the size and 
                        complexity of the facility, or the 
                        nature or volume of site-related 
                        information; and
                          (ii) the Administrator finds that the 
                        grant recipient's management of a 
                        previous grant under this subsection, 
                        if any, was satisfactory, and the costs 
                        incurred under the grant were 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 grants under this subsection 
        and, not later than 180 days after the date of 
        enactment of this paragraph, revise, as appropriate, 
        such guidelines and procedures to simplify the process 
        of obtaining such grants.
          (7) Authorized grant activities.--
                  (A) Information and participation.--To 
                facilitate full participation by a grant 
                recipient in response activities at a facility, 
                a grant made under this subsection may be used 
                to obtain technical assistance, including the 
                hiring of health and safety experts, in 
                interpreting information for, and disseminating 
                information to, members of the community, and 
                in providing information and recommendations to 
                the President, with regard to--
                          (i) the nature of the hazard at a 
                        facility, including information used to 
                        rank facilities according to the Hazard 
                        Ranking System;
                          (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) institutional controls;
                          (viii) removal activities at the 
                        facility; and
                          (ix) public health assessment or 
                        health studies.
                  (B) Additional activities.--In addition to 
                the activities specified in subparagraph (A), 
                not more than 10 percent of the amount of a 
                grant under this subsection may be used for 
                educational training, hiring neutral 
                professionals to facilitate deliberations and 
                consensus efforts, and hiring community 
                liaisons to potentially responsible parties and 
                government agencies to facilitate public 
                participation at the facility.
                  (C) Availability of information.--Information 
                generated by the recipients of grants under 
                this subsection shall be made publicly 
                available.
                  (D) Limitation.--Grants made under this 
                subsection may not be used for the purposes of 
                collecting field sampling data.
          (8) Non-site-specific grants.--In accordance with 
        rules to be promulgated by the Administrator, the 
        Administrator may make grants under this subsection to 
        Indian tribes, nonprofit organizations, and citizens 
        groups to enhance their participation, prior to final 
        agency action, in rulemaking processes carried out in 
        accordance with this Act. Total funding for all such 
        grants shall not exceed $100,000.
          (9) Representative of the community.--The 
        Administrator shall publish guidance for determining 
        whether a recipient of a grant under this subsection is 
        a legitimate representative of the community affected 
        by a facility.
  (e) Understandable Presentation of Materials.--The President 
shall ensure that information prepared for distribution to the 
public under this section will be provided or summarized in a 
manner that may be easily understood by the community, after 
considering any unique cultural needs of the community, 
including presentation of information orally and distribution 
of information in languages other than English, as appropriate.
  (f) Public Participation in Removal Actions.--In the case of 
a removal action taken in accordance with section 104, the 
President shall provide opportunities for meaningful public 
participation as follows:
          (1) Removal actions where on-site activities must 
        begin in less than 6 months.--In the case of a removal 
        action where on-site activities must begin in less than 
        6 months, the President shall--
                  (A) publish a notice of availability of the 
                administrative record established under section 
                113(k) in a local newspaper of general 
                circulation within 60 days of any on-site 
                removal activity;
                  (B) provide a public comment period, as 
                appropriate, of not less than 30 days from the 
                date on which the administrative record is made 
                available for public inspection; and
                  (C) prepare a written response to comments.
          (2) Removal actions where on-site activities will 
        extend beyond 120 days.--In the case of a removal 
        action where on-site activities are expected to extend 
        beyond 120 days, the President shall--
                  (A) conduct interviews with any relevant 
                community advisory group, affected Indian 
                tribes, the affected community, local 
                government officials, and State and local 
                health officials, as appropriate, to solicit 
                their concerns and information needs and to 
                determine the method and timing of involvement 
                in the response action by the affected 
                community;
                  (B) prepare a formal community relations plan 
                based on the community interviews and other 
                relevant information, specifying the community 
                relations activities that the President expects 
                to undertake during the response; and
                  (C) establish at least 1 local information 
                repository at or near the location of the 
                response action.
        The information repository shall contain items made 
        available for public information and the administrative 
        record. The President shall inform the affected 
        community of the establishment of the information 
        repository and provide a notice of availability of the 
        administrative record for public review. All items in 
        the repository shall be available for public inspection 
        and copying.
          (3) Removal actions where planning period will extend 
        beyond 6 months.--In the case of a removal action where 
        the planning period is expected to extend beyond 6 
        months, the President shall--
                  (A) comply with the requirements of paragraph 
                (2);
                  (B) provide a notice of availability of and a 
                brief description of the removal engineering 
                evaluation and cost analysis in a local 
                newspaper of general circulation;
                  (C) provide a reasonable opportunity, not 
                less than 30 days, for submission of written 
                and oral comments after completion of the 
                engineering evaluation and cost analysis; and
                  (D) prepare a written response to significant 
                comments.
  (g) Community Study.--
          (1) Report by the administrator.--Not later than 2 
        years after the date of enactment of this Act, the 
        Administrator shall prepare and submit to Congress a 
        community study. The Administrator shall periodically 
        update the study. The Administrator shall ensure that 
        copies of such studies are made available to the 
        public.
          (2) Contents of the report.--The Administrator's 
        report shall include an analysis of--
                  (A) the time between the discovery and 
                listing of a facility;
                  (B) the timing and nature of response 
                actions;
                  (C) the degree to which public views are 
                reflected in response actions;
                  (D) future land use determinations and use of 
                institutional controls;
                  (E) the population, race, ethnicity, and 
                income characteristics of each community 
                affected by a facility listed or proposed for 
                listing on the National Priorities List; and
                  (F) the risk presented by each such facility.
          (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 necessary improvements or modifications 
        to address any deficiencies identified by the study 
        prepared under this section.
  (h) Definitions.--In this section, the following definitions 
apply:
          (1) Covered facility.--The term ``covered facility'' 
        means a facility that has been listed or proposed for 
        listing on the National Priorities List.
          (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 a release or threatened release of a 
        hazardous substance, pollutant, or contaminant at a 
        covered facility.

           *       *       *       *       *       *       *


SEC. 119. RESPONSE ACTION CONTRACTORS.

    (a) Liability of Response Action Contractors.--
          (1) Response action contractors.--A person who is a 
        response action contractor with respect to any release 
        or threatened release of a hazardous substance or 
        pollutant or contaminant from a vessel or facility 
        shall not be liable under this [title or under any 
        other Federal law] title, under any other Federal law, 
        or under the law of any State or political subdivision 
        of a State to any person for injuries, costs, damages, 
        expenses, or other liability (including but not limited 
        to claims for indemnification or contribution and 
        claims by third parties for death, personal injury, 
        illness or loss of or damage to property or economic 
        loss) which results from such release or threatened 
        release. Notwithstanding the preceding sentence, this 
        section shall not apply in determining the liability of 
        a response action contractor under the law of any State 
        or political subdivision thereof if the State has 
        enacted a law determining the liability of a response 
        action contractor.
          (2) Negligence, etc.--Paragraph (1) shall not apply 
        in the case of a release that is caused by conduct of 
        the response action contractor which is negligent, 
        grossly negligent, or which constitutes intentional 
        misconduct. Such conduct shall be evaluated based on 
        the generally accepted standards and practices in 
        effect at the time and place that the conduct occurred.

           *       *       *       *       *       *       *

          (5) Liability.--Notwithstanding any other provision 
        of this Act, any liability of a response action 
        contractor under this Act shall be determined solely in 
        accordance with this section.

           *       *       *       *       *       *       *

    (c) Indemnification.--
          (1) In general.--The President may agree to hold 
        harmless and indemnify any response action contractor 
        meeting the requirements of this subsection against any 
        liability (including the expenses of litigation or 
        settlement) for negligence arising out of the 
        contractor's performance in carrying out response 
        action activities under this title, unless such 
        liability was caused by conduct of the contractor which 
        was grossly negligent or which constituted intentional 
        misconduct. Any such agreement may apply to claims for 
        negligence arising under Federal law or under the law 
        of any State or political subdivision of a State.

           *       *       *       *       *       *       *

          (5) Limitations.--
                  (A) Liability covered.--Indemnification under 
                this subsection shall apply only to response 
                action contractor liability which results from 
                a release or threatened release of any 
                hazardous substance or pollutant or contaminant 
                if such release or threatened release arises 
                out of response action activities.

           *       *       *       *       *       *       *

  (e) Definitions.--For purposes of this section--
          (1) Response action contract.--The term ``response 
        action contract'' means any written contract or 
        agreement entered into by a response action contractor 
        (as defined in paragraph (2)(A) of this subsection) 
        with--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (D) any potentially responsible party 
                [carrying out an agreement under section 106 or 
                122];
        to provide [any remedial action under this Act at a 
        facility listed on the National Priorities List, or any 
        removal under this Act,] any response as defined by 
        section 101(25), with respect to any release or 
        threatened release of a hazardous substance or 
        pollutant or contaminant from the facility or to 
        provide any evaluation, planning, engineering, 
        surveying and mapping, design, construction, equipment, 
        or any ancillary services thereto for such facility.

           *       *       *       *       *       *       *

  (h) Limitation on Actions Against Response Action 
Contractors.--No action to recover for any injury to property, 
real or personal, or for bodily injury or wrongful death, or 
any other expenses or costs arising out of the performance of 
services under a response action contract, nor any action for 
contribution or indemnity for damages sustained as a result of 
such injury, shall be brought against any response action 
contractor more than 6 years after the completion of work at 
any site under such contract. Notwithstanding the preceding 
sentence, this section shall not--
          (1) bar recovery for a claim caused by the conduct of 
        the response action contractor that is grossly 
        negligent or that constitutes intentional misconduct;
          (2) affect any right of indemnification that such 
        response action contractor may have under this section 
        or may acquire by written agreement with any party; or
          (3) apply in any State or political subdivision 
        thereof if the State has enacted a statute of repose 
        determining the liability of a response action 
        contractor.

SEC. 120. FEDERAL FACILITIES.

    (a)  * * *

           *       *       *       *       *       *       *

    [(g) Transfer of Authorities.--Except for authorities which 
are delegated 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.]
  (g) State Role at Federal Facilities.--
          (1) Enforcement and dispute resolution.--
                  (A) In general.--An interagency agreement 
                under this section between a State 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 to exceed $25,000 per day.
                  (B) Nonconcurrence by state.--At a Federal 
                facility in a State to which the President's 
                authorities under subsection (e)(4) have been 
                transferred pursuant to a cooperative 
                agreement, if the State does not concur in the 
                remedy selection proposed by the Federal 
                department, agency, or instrumentality that 
                owns or operates the facility, the parties 
                shall enter into dispute resolution as provided 
                in the interagency agreement. If there is no 
                interagency agreement, the State shall, not 
                later than 120 days after the transfer of 
                authorities under a cooperative agreement, 
                enter into an agreement with the head of the 
                department, agency, or instrumentality on a 
                process for resolving disputes regarding remedy 
                selection for the facility. If a dispute is 
                unresolved after using the process under the 
                interagency agreement or dispute resolution 
                agreement, the head of the Federal department, 
                agency, or instrumentality that owns the 
                Federal facility and the Governor of the State 
                shall attempt to resolve such dispute by 
                consensus. 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 United States 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.
          (2) Limitation.--Except as necessary to implement the 
        transfer of the Administrator's authorities to a State 
        under a cooperative agreement, 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 agreement, 
        permit, administrative or judicial order, decree, or 
        interagency agreement existing on the effective date of 
        the Recycle America's Land Act of 1999. 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.
          (3) Effect on other authorities.--Nothing in this 
        subsection shall affect the exercise by a State of any 
        other authorities that may be applicable to Federal 
        facilities in the State.

           *       *       *       *       *       *       *


SEC. 121. CLEANUP STANDARDS.

    (a)  * * *

           *       *       *       *       *       *       *

    (b) General Rules.--(1) Remedial actions in which treatment 
which permanently and significantly reduces the volume, 
toxicity or mobility of the hazardous substances, pollutants, 
and contaminants is a principal element, are to be preferred 
over remedial actions not involving such treatment. The 
preference referred to in the preceding sentence may be 
implemented in accordance with the November 1991, Environmental 
Protection Agency, Office of Solid Waste and Emergency Response 
Publication No. 9380.3-06FS, ``A Guide to Principal Threat and 
Low Level Threat Waste''. The offsite transport and disposal of 
hazardous substances or contaminated materials without such 
treatment should be the least favored alternative remedial 
action where practicable treatment technologies are available. 
The President shall conduct an assessment of permanent 
solutions and alternative treatment technologies or resource 
recovery technologies that, in whole or in part, will result in 
a permanent and significant decrease in the toxicity, mobility, 
or volume of the hazardous substance, pollutant, or 
contaminant. In making such assessment, the President shall 
specifically address the long-term effectiveness of various 
alternatives. In assessing alternative remedial actions, the 
President shall, at a minimum, take into account:
          (A) * * *

           *       *       *       *       *       *       *

          (F) the potential for future remedial action costs if 
        the alternative remedial action in question were to 
        fail; [and]
          (G) the potential threat to human health and the 
        environment associated with excavation, transportation, 
        and redisposal, or containment[.]; and
          (H) the effectiveness of the remedial action in 
        making contaminated property available for beneficial 
        use.

           *       *       *       *       *       *       *

  (c) Review.--If the President selects a remedial action that 
results in any hazardous substances, pollutants, or 
contaminants remaining at the site, the President shall review 
such remedial action no less often than each 5 years after [the 
initiation of] construction and installation of equipment and 
structures to be used for such remedial action to assure that 
human health and the environment are being protected by the 
remedial action being implemented. The President shall review 
the effectiveness of and compliance with any institutional 
controls related to the remedial action during the review. In 
addition, if upon such review it is the judgment of the 
President that action is appropriate at such site in accordance 
with section 104 or 106, the President shall take or require 
such action. The President shall report to the Congress a list 
of facilities for which such review is required, the results of 
all such reviews, and any actions taken as a result of such 
reviews.
  (d) Degree of Cleanup.--(1) * * *
          (2) Health and environmental standards.--
                  (A) Exposure information.--In any case in 
                which an exposure assessment is conducted, such 
                assessment shall be consistent with the current 
                and reasonably anticipated future uses of land, 
                water, and other resources as identified under 
                paragraph (3). Information used by the 
                President to determine potential exposures 
                shall include information made available to the 
                President on actual exposure to hazardous 
                substances or pollutants or contaminants that 
                the President determines is valid and reliable 
                and any other relevant information.
                  (B) Plants and animals.--In determining what 
                is protective of plants and animals for 
                purposes of this section, the President shall 
                base such determinations on the significance of 
                impacts from a release or releases of hazardous 
                substances from a facility to local populations 
                or communities of plants and animals or 
                ecosystems. If a species is listed as 
                threatened or endangered under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                impacts to individual plants or animals may be 
                considered to be impacts to populations of 
                plants or animals.
          (3) Anticipated use of land, water, and other 
        resources.--
                  (A) In general.--To assist in selecting the 
                method or methods of remediation appropriate 
                for a given facility, the President shall 
                identify the current and reasonably anticipated 
                uses of land, water, and other resources at and 
                around the facility and the timing of such 
                uses.
                  (B) Reasonably anticipated uses of land.--In 
                identifying reasonably anticipated uses of land 
                and the timing of such uses, the President 
                shall consider relevant information identified 
                through a process that includes solicitation of 
                the views of interested parties, including the 
                affected local government and the affected 
                local community. The President may meet this 
                requirement though the process outlined in the 
                May 25, 1995, Environmental Protection Agency, 
                Office of Solid Waste and Emergency Response 
                Directive No. 9355.7-04, pertaining to ``Land 
                Use in the CERCLA Remedy Selection Process''.
                  (C) Reasonably anticipated uses of water.--In 
                identifying reasonably anticipated uses of 
                water and the timing of such uses, the 
                President shall consider relevant information 
                identified through a process that includes 
                solicitation of the views of interested 
                parties, including the affected State, the 
                affected local government, the affected local 
                community, and affected local water suppliers.
                  (D) Special rules for ground water.--The 
                President shall meet the requirements of 
                subparagraph (C) for ground water as follows:
                          (i) If a State has a comprehensive 
                        State ground water protection program 
                        that has provisions for making site-
                        specific determinations of use and 
                        timing of use and that has received a 
                        written endorsement by the President, 
                        the President shall use the State 
                        determinations of use and timing of use 
                        that are based on such program.
                          (ii) If a State does not have a 
                        program described in clause (i), the 
                        President shall identify the reasonably 
                        anticipated uses of ground water and 
                        the timing of such uses as provided in 
                        subparagraph (C). In conducting the 
                        analysis, the President shall begin 
                        with the presumption that ground water 
                        is drinking water, if the ground water 
                        is within an aquifer that is classified 
                        by a State or the Administrator as a 
                        drinking water aquifer or if the ground 
                        water is within an aquifer that has not 
                        been classified. The presumption may be 
                        rebutted through site-specific 
                        information identified through the 
                        analysis of relevant factors under 
                        subparagraph (C).
                          (iii) Unless the State has made a 
                        specific determination otherwise under 
                        clause (i), a current or reasonably 
                        anticipated beneficial use of ground 
                        water shall not be identified as 
                        drinking water if--
                                  (I) the ground water contains 
                                more than 10,000 milligrams per 
                                liter total dissolved solids;
                                  (II) the ground water is so 
                                contaminated by naturally 
                                occurring conditions or by the 
                                effects of broad-scale human 
                                activity unrelated to a 
                                specific activity that 
                                restoration to drinking water 
                                quality is impracticable; or
                                  (III) 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 
                                without adverse environmental 
                                consequences, unless available 
                                information indicates that such 
                                source is used as a source of 
                                drinking water.
                          (iv) Following identification of the 
                        reasonably anticipated uses of ground 
                        water, the President may utilize the 
                        phased approach to ground water 
                        remediation identified in October 1996 
                        Environmental Protection Agency, Office 
                        of Solid Waste and Emergency Response 
                        Directive No. 9283.1-12, pertaining to 
                        ``Presumptive Response Strategy and Ex-
                        Situ Treatment Technologies for 
                        Contaminated Ground Water at CERCLA 
                        Sites''.
                  (E) Institutional controls.--Assumptions 
                restricting future uses can be used in 
                evaluating remedial alternatives only to the 
                extent that institutional controls meeting the 
                criteria of subsection (g) are identified.
                  (F) Inclusion in administrative record.--All 
                information considered by the President in 
                evaluating current and reasonably anticipated 
                future land or water uses under this subsection 
                shall be included in the administrative record 
                under section 113(k).
          [(2)] (4) Legally applicable standards.--(A) With 
        respect to any hazardous substance, pollutant or 
        contaminant that will remain onsite, if--
                          (i)  * * *
                          (ii) any promulgated standard, 
                        requirement, criteria, or limitation 
                        under a State environmental or facility 
                        siting law that is more stringent than 
                        any Federal standard, requirement, 
                        criteria, or limitation, including each 
                        such State standard, requirement, 
                        criteria, or limitation contained in a 
                        program approved, authorized or 
                        delegated by the Administrator under a 
                        statute cited in subparagraph (A), that 
                        is generally applicable, that is 
                        consistently applied to response 
                        actions in the State, and that has been 
                        identified to the President by the 
                        State in a timely manner,
        is legally applicable to the hazardous substance or 
        pollutant or contaminant concerned [or is relevant and 
        appropriate] under the circumstances of the release or 
        threatened release of such hazardous substance or 
        pollutant or contaminant, the remedial action selected 
        under section 104 or secured under section 106 shall 
        require, at the completion of the remedial action, a 
        level or standard of control for such hazardous 
        substance or pollutant or contaminant which at least 
        attains such legally applicable [or relevant and 
        appropriate] standard, requirement, criteria, or 
        limitation. Such remedial action shall require a level 
        or standard of control which at least attains Maximum 
        Contaminant [Level Goals] Levels established under the 
        Safe Drinking Water Act and water quality criteria 
        established under section 304 or 303 of the Clean Water 
        Act, where such [goals] levels or criteria are relevant 
        and appropriate under the circumstances of the release 
        or threatened release. The President shall closely 
        examine whether a requirement is of general 
        applicability under clause (ii) if, in practice, the 
        requirement only applies to one facility in the State 
        or if the requirement only applies to facilities owned 
        or operated by the United States.
          (B)(i) In determining whether or not any water 
        quality criteria under the Clean Water Act is relevant 
        and appropriate under the circumstances of the release 
        or threatened release, the President shall consider the 
        designated or potential use of the surface or 
        groundwater, the environmental media affected, the purposes 
        for which such criteria were developed, and the latest 
        information available.
          (ii) For the purposes of this section, a process for 
        establishing alternate concentration limits to those 
        otherwise applicable for hazardous constituents in 
        groundwater under subparagraph (A) may not be used to 
        establish applicable standards under this paragraph if 
        the process assumes a point of human exposure beyond 
        the boundary of the facility, as defined at the 
        conclusion of the remedial investigation and 
        feasibility study, except where--
                  (I) there are known and projected points of 
                entry of such groundwater into surface water; 
                and
                  (II) on the basis of measurements or 
                projections, there is or will be no 
                statistically significant increase of such 
                constituents from such groundwater in such 
                surface water at the point of entry or at any 
                point where there is reason to believe 
                accumulation of constituents may occur 
                downstream; and
                  (III) the remedial action includes 
                enforceable measures that will preclude human 
                exposure to the contaminated groundwater at any 
                point between the facility boundary and all 
                known and projected points of entry of such 
                groundwater into surface water then the assumed 
                point of human exposure may be at such known 
                and projected points of entry.
          (C)(i) Clause (ii) of this subparagraph shall be 
        applicable only in cases where, due to the President's 
        selection, in compliance with subsection (b)(1), of a 
        proposed remedial action which does not permanently and 
        significantly reduce the volume, toxicity, or mobility 
        of hazardous substances, pollutants, or contaminants, 
        the proposed disposition of waste generated by or 
        associated with the remedial action selected by the 
        President is land disposal in a State referred to in 
        clause (ii).
          (ii) Except as provided in clauses (iii) and (iv), a 
        State standard, requirement, criteria, or limitation 
        (including any State siting standard or requirement) 
        which could effectively result in the statewide 
        prohibition of land disposal of hazardous substances, 
        pollutants, or contaminants shall not apply.
          (iii) Any State standard, requirement, criteria, or 
        limitation referred to in clause (ii) shall apply where 
        each of the following conditions is met:
                  (I) The State standard, requirement, 
                criteria, or limitation is of general 
                applicability and was adopted by formal means.
                  (II) The State standard, requirement, 
                criteria, or limitation was adopted on the 
                basis of hydrologic, geologic, or other 
                relevant considerations and was not adopted for 
                the purpose of precluding onsite remedial 
                actions or other land disposal for reasons 
                unrelated to protection of human health and the 
                environment.
                  (III) The State arranges for, and assures 
                payment of the incremental costs of utilizing, 
                a facility for disposition of the hazardous 
                substances, pollutants, or contaminants 
                concerned.
          (iv) Where the remedial action selected by the 
        President does not conform to a State standard and the 
        State has initiated a law suit against the 
        Environmental Protection Agency prior to May 1, 1986, 
        to seek to have the remedial action conform to such 
        standard, the President shall conform the remedial 
        action to the State standard. The State shall assure 
        the availability of an offsite facility for such 
        remedial action.
          [(3)] (5) Limitation on transfers.--In the case of 
        any removal or remedial action involving the transfer 
        of any hazardous substance or pollutant or contaminant 
        offsite, such hazardous substance or pollutant or 
        contaminant shall only be transferred to a facility 
        which is operating in compliance with section 3004 and 
        3005 of the Solid Waste Disposal Act (or, where 
        applicable, in compliance with the Toxic Substances 
        Control Act or other applicable Federal law) and all 
        applicable State requirements. Such substance or 
        pollutant or contaminant may be transferred to a land 
        disposal facility only if the President determines that 
        both of the following requirements are met:
                  (A) The unit to which the hazardous substance 
                or pollutant or contaminant is transferred is 
                not releasing any hazardous waste, or 
                constituent thereof, into the groundwater or 
                surface water or soil.
                  (B) All such releases from other units at the 
                facility are being controlled by a corrective 
                action program approved by the Administrator 
                under subtitle C of the Solid Waste Disposal 
                Act.
        The President shall notify the owner or operator of 
        such facility of determinations under this paragraph.
          [(4)] (6) Waivers.--The President may select a 
        remedial action meeting the requirements of paragraph 
        (1) that does not attain a level or standard of control 
        at least equivalent to a legally applicable or relevant 
        and appropriate standard, requirement, criteria, or 
        limitation as required by paragraph [(2)] (4) 
        (including subparagraph (B) thereof), if the President 
        finds that--
                  (A) the remedial action selected is only part 
                of a total remedial action that will attain 
                such level or standard of control when 
                completed;
                  (B) compliance with such requirement at that 
                facility will result in greater risk to human 
                health and the environment than alternative 
                options;
                  (C) compliance with such requirements is 
                technically impracticable from an engineering 
                perspective;
                  (D) the remedial action selected will attain 
                a standard of performance that is equivalent to 
                that required under the otherwise applicable 
                standard, requirement, criteria, or limitation, 
                through use of another method or approach;
                  (E) with respect to a State standard, 
                requirement, criteria, or limitation, the State 
                has not consistently applied (or demonstrated 
                the intention to consistently apply) the 
                standard, requirement, criteria, or limitation 
                in similar circumstances at other remedial 
                actions within the State; or
                  (F) in the case of a remedial action to be 
                undertaken solely under section 104 using the 
                Fund, selection of a remedial action that 
                attains such level or standard of control will 
                not provide a balance between the need for 
                protection of public health and welfare and the 
                environment at the facility under 
                consideration, and the availability of amounts 
                from the Fund to respond to other sites which 
                present or may present a threat to public 
                health or welfare or the environment, taking 
                into consideration the relative immediacy of 
                such threats.
        The President shall publish such findings, together 
        with an explanation and appropriate documentation.
          (7) Exclusions.--The standards, requirements, 
        criteria, and limitations referred to in paragraph (4) 
        shall not include any requirement for a reduction in 
        concentrations of contaminants below background levels.

           *       *       *       *       *       *       *

  (f) State Involvement.--(1)  * * *

           *       *       *       *       *       *       *

          (4) States adjoining certain facilities.--The 
        President shall modify regulations promulgated pursuant 
        to paragraph (1) to provide to any adjoining State 
        within a 50-mile radius of a facility owned or operated 
        by the Department of Energy the same rights as are 
        provided by this subsection to the State in which such 
        facility is located.

           *       *       *       *       *       *       *

  (g) Institutional Controls.--
          (1) Use and implementation.--In any case in which the 
        President selects a remedial action that allows 
        hazardous substances to remain on-site at a facility 
        above concentration levels that would be protective for 
        unrestricted use, the President--
                  (A) shall include, as a component of the 
                remedy, restrictions on the use of land, water, 
                or other resources necessary to provide long-
                term protection of human health and the 
                environment;
                  (B) shall require, as a component of the 
                remedy, ongoing monitoring and operation and 
                maintenance of the remedy and such remedy shall 
                not be determined to be complete until such 
                monitoring and operation and maintenance are 
                established;
                  (C) shall require, as a component of the 
                remedy, that any necessary institutional 
                controls are effective, implemented, and 
                subject to appropriate monitoring and 
                enforcement;
                  (D) shall ensure through authorities provided 
                under this Act, including the reviews conducted 
                under subsection (c), that any necessary 
                institutional controls remain in effect as long 
                as necessary to protect human health and the 
                environment, including ensuring that the 
                enforceability of such institutional controls 
                will not be adversely affected by any transfer 
                of the property subject to the controls.
          (2) Restrictions on use.--The President may use 
        institutional controls as a supplement to, but not as a 
        substitute for, other response measures at a facility, 
        except in extraordinary circumstances.
          (3) Notice.--Whenever the President selects, in 
        accordance with paragraph (1), a remedy at a facility 
        that relies on institutional controls as an integral 
        component of the remedy, the President shall--
                  (A) clearly specify in the record of decision 
                the anticipated restrictions on uses of land, 
                water, or other resources or activities at the 
                facility and the terms of anticipated 
                institutional controls to implement those 
                restrictions;
                  (B) specify such restrictions and controls in 
                all other appropriate remedy decision documents 
                and other public information regarding the 
                site, along with identification of the unit of 
                government primarily responsible for monitoring 
                and enforcement of the institutional controls;
                  (C) provide public notice of such controls 
                and, in the case of a deed restriction, 
                easement, or other similar measure, incorporate 
                the measure in the public land records for the 
                jurisdiction in which the affected property is 
                located;
                  (D) to the extent that institutional controls 
                will be implemented pursuant to an order under 
                section 106, record, in accordance with State 
                law, a notation on the deed to the facility 
                property, or on some other instrument which is 
                normally examined during a title search, that 
                will notify any potential purchaser that use 
                restrictions are or will be placed on the 
                facility property pursuant to an order issued 
                under section 106; and
                  (E) undertake any change in the nature or 
                form of institutional controls at the facility 
                in a manner consistent with section 117 and 
                give notice pursuant to the requirements of 
                section 104.
          (4) Registry.--The President shall establish and 
        maintain a registry of restrictions on the use of land, 
        water, or other resources through institutional 
        controls that are included in final records of decision 
        as a component of the remedy at facilities that are, or 
        have been, on the National Priorities List. The 
        registry shall identify the property and the nature or 
        form of the institution controls, including any 
        subsequent changes in the nature or form of such 
        controls.
          (5) Annual report.--On or before March 1, 2000, and 
        annually thereafter, the Administrator shall transmit 
        to the Committee on Commerce and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate a report on each record of 
        decision signed during the previous fiscal year, the 
        type of institutional controls and media affected, and 
        the unit of government designated to monitor, enforce, 
        and ensure compliance with the institutional controls.
  (h) Remedial Design.--Where appropriate and practicable, 
remedial designs for remedies selected under this section shall 
seek to accommodate existing beneficial uses of the 
contaminated property and shall seek to expedite the return of 
contaminated property to beneficial use, including the return 
to beneficial use of separate areas within a facility prior to 
completion of the remedial action for an entire facility.

SEC. 122. SETTLEMENTS.

    (a)  * * *

           *       *       *       *       *       *       *

  (f) Covenant Not To Sue.--
          [(1) Discretionary covenants.--The President may, in 
        his discretion, provide any person with a covenant not 
        to sue concerning any liability to the United States 
        under this Act, including future liability, resulting 
        from a release or threatened release of a hazardous 
        substance addressed by a remedial action, whether that 
        action is onsite or offsite, if each of the following 
        conditions is met:
                  [(A) The covenant not to sue is in the public 
                interest.
                  [(B) The covenant not to sue would expedite 
                response action consistent with the National 
                Contingency Plan under section 105 of this Act.
                  [(C) The person is in full compliance with a 
                consent decree under section 106 (including a 
                consent decree entered into in accordance with 
                this section) for response to the release or 
                threatened release concerned.
                  [(D) The response action has been approved by 
                the President.]
          (1) Final covenants.--The President shall offer 
        potentially responsible parties who enter into 
        settlement agreements that are in the public interest a 
        final covenant not to sue concerning any liability to 
        the United States under this Act, including a covenant 
        with respect to future liability, for response actions 
        or response costs addressed in the settlement, if all 
        of the following conditions are met:
                  (A) The settling party agrees to perform, or 
                there are other adequate assurances of the 
                performance of, a final remedial action 
                authorized by the Administrator for the release 
                or threat of release that is the subject of the 
                settlement.
                  (B) The settlement agreement has been reached 
                prior to the commencement of litigation against 
                the settling party under section 106 or 107 of 
                this Act with respect to this facility.
                  (C) The settling party waives all 
                contribution rights against other potentially 
                responsible parties at the facility.
                  (D) The settling party (other than a small 
                business) pays a premium that compensates for 
                the risks of remedy failure; future liability 
                resulting from unknown conditions; and 
                unanticipated increases in the cost of any 
                uncompleted response action, unless the 
                settling party is performing the response 
                action. The President shall have sole 
                discretion to determine the appropriate amount 
                of any such premium, and such determinations 
                are committed to the President's discretion. 
                The President has discretion to waive or reduce 
                the premium payment for persons who demonstrate 
                an inability to pay such a premium.
                  (E) The remedial action does not rely on 
                institutional controls to ensure continued 
                protection of human health and the environment.
                  (F) The settlement is otherwise acceptable to 
                the United States.
          (2) Special covenants not to sue.--In the case of any 
        person to whom the President is authorized under 
        paragraph (1) of this subsection to provide a covenant 
        not to sue, for the portion of [remedial] response 
        action--
                  (A) which involves the transport and secure 
                disposition offsite of hazardous substances in 
                a facility meeting the requirements of sections 
                3004 (c), (d), (e), (f), (g), (m), (o), (p), 
                (u), and (v) and 3005(c) of the Solid Waste 
                Disposal Act, where the President has rejected 
                a proposed [remedial] response action that is 
                consistent with the National Contingency Plan 
                that does not include such offsite disposition 
                and has thereafter required offsite 
                disposition; or

           *       *       *       *       *       *       *

          [(3) Requirement that remedial action be completed.--
        A covenant not to sue concerning future liability to 
        the United States shall not take effect until the 
        President certifies that remedial action has been 
        completed in accordance with the requirements of this 
        Act at the facility that is the subject of such 
        covenant.]
          (3) Discretionary covenants.--For settlements under 
        this Act for which covenants under paragraph (1) are 
        not available, the President may provide any person 
        with a covenant not to sue concerning any liability to 
        the United States under this Act, if the covenant not 
        to sue is in the public interest. Such covenants shall 
        be subject to the requirements of paragraph (5). The 
        President may include any conditions in such covenant 
        not to sue, including the additional condition referred 
        to in paragraph (5). In determining whether such 
        conditions or covenants are in the public interest, the 
        President shall consider the nature and scope of the 
        commitment by the settling party under the settlement, 
        the effectiveness and reliability of the response 
        action, the nature of the risks remaining at the 
        facility, the strength of evidence, the likelihood of 
        cost recovery, the reliability of any response action 
        or actions to restore, replace, or acquire the 
        equivalent of injured natural resources, the extent to 
        which performance standards are included in the order 
        or decree, the extent to which the technology used in 
        the response action is demonstrated to be effective, 
        and any other factors relevant to the protection of 
        human health and the environment.
          [(4) Factors.--In assessing the appropriateness of a 
        covenant not to sue under paragraph (1) and any 
        condition to be included in a covenant not to sue under 
        paragraph (1) or (2), the President shall consider 
        whether the covenant or condition is in the public 
        interest on the basis of such factors as the following:
                  [(A) The effectiveness and reliability of the 
                remedy, in light of the other alternative 
                remedies considered for the facility concerned.
                  [(B) The nature of the risks remaining at the 
                facility.
                  [(C) The extent to which performance 
                standards are included in the order or decree.
                  [(D) The extent to which the response action 
                provides a complete remedy for the facility, 
                including a reduction in the hazardous nature 
                of the substances at the facility.
                  [(E) The extent to which the technology used 
                in the response action is demonstrated to be 
                effective.
                  [(F) Whether the Fund or other sources of 
                funding would be available for any additional 
                remedial actions that might eventually be 
                necessary at the facility.
                  [(G) Whether the remedial action will be 
                carried out, in whole or in significant part, 
                by the responsible parties themselves.]
          [(5)] (4) Satisfactory performance.--Any covenant not 
        to sue under this subsection shall be subject to the 
        satisfactory performance by such party of its 
        obligations under the agreement concerned.
          [(6)] (5) Additional condition for future 
        liability.--(A) Except for the portion of the 
        [remedial] response action which is subject to a 
        covenant not to sue under paragraph [(2)] (1) or (2) or 
        under subsection (g) (relating to de minimis 
        [settlements] and other expedited settlements pursuant 
        to subsection (g) of this section), a covenant not to 
        sue a person concerning future liability to the United 
        States shall include an exception to the covenant that 
        allows the President to sue such person concerning 
        future liability resulting from the release or 
        threatened release that is the subject of the covenant 
        where such liability arises out of conditions which are 
        unknown at the time [the President certifies under 
        paragraph (3) that remedial action has been completed 
        at the facility concerned] that the response action 
        that is the subject of the settlement agreement is 
        selected.
          (B) [In extraordinary circumstances, the] The 
        President may determine, after assessment of relevant 
        factors such as [those referred to in paragraph (4) 
        and] volume, toxicity, mobility, strength of evidence, 
        ability to pay, litigative risks, public interest 
        considerations, precedential value, and inequities and 
        aggravating factors, not to include the exception 
        referred to in subparagraph (A) [if other terms,] if 
        the agreement containing the covenant not to sue 
        provides for payment of a premium to address possible 
        remedy failure or any releases that may result from 
        unknown conditions, and if other terms, conditions, or 
        requirements of the agreement containing the covenant 
        not to sue are sufficient to provide all reasonable 
        assurances that public health and the environment will 
        be protected from any future releases at or from the 
        facility. The President may waive or reduce the premium 
        payment for persons who demonstrate an inability to pay 
        such a premium.

           *       *       *       *       *       *       *

  [(g) De Minimis Settlements.--
          [(1) Expedited final settlement.--Whenever 
        practicable and in the public interest, as determined 
        by the President, the President shall as promptly as 
        possible reach a final settlement with a potentially 
        responsible party in an administrative or civil action 
        under section 106 or 107 if such settlement involves 
        only a minor portion of the response costs at the 
        facility concerned and, in the judgment of the 
        President, the conditions in either of the following 
        subparagraph (A) or (B) are met:
                  [(A) Both of the following are minimal in 
                comparison to other hazardous substances at the 
                facility:
                          [(i) The amount of the hazardous 
                        substances contributed by that party to 
                        the facility.
                          [(ii) The toxic or other hazardous 
                        effects of the substances contributed 
                        by that party to the facility.
                  [(B) The potentially responsible party--
                          [(i) is the owner of the real 
                        property on or in which the facility is 
                        located;
                          [(ii) did not conduct or permit the 
                        generation, transportation, storage, 
                        treatment, or disposal of any hazardous 
                        substance at the facility; and
                          [(iii) did not contribute to the 
                        release or threat of release of a 
                        hazardous substance at the facility 
                        through any action or omission.
                This subparagraph (B) does not apply if the 
                potentially responsible party purchased the 
                real property with actual or constructive 
                knowledge that the property was used for the 
                generation, transportation, storage, treatment, 
                or disposal of any hazardous substance.
          [(2) Covenant not to sue.--The President may provide 
        a covenant not to sue with respect to the facility 
        concerned to any party who has entered into a 
        settlement under this subsection unless such a covenant 
        would be inconsistent with the public interest as 
        determined under subsection (f).
          [(3) Expedited agreement.--The President shall reach 
        any such settlement or grant any such covenant not to 
        sue as soon as possible after the President has 
        available the information necessary to reach such a 
        settlement or grant such a covenant.]
  (g) Expedited Final Settlement.--
          (1) Parties eligible for expedited settlement.--The 
        President shall, as promptly as possible, offer to 
        reach a final administrative or judicial settlement 
        with potentially responsible parties who, in the 
        judgment of the President, meet the following 
        conditions for eligibility for an expedited settlement 
        in subparagraph (A) or (B):
                  (A) The potentially responsible party's 
                individual contribution to the release of 
                hazardous substances at the facility as an 
                owner or operator, arranger for disposal, or 
                transporter for disposal is de minimis. The 
                contribution of hazardous substance to a 
                facility by a potentially responsible party is 
                de minimis if both of the following conditions 
                are met:
                          (i) The contribution of materials 
                        containing hazardous substances that 
                        the potentially responsible party 
                        arranged or transported for treatment 
                        or disposal, or that were treated or 
                        disposed during the potentially responsible 
                        party's period of ownership or operation of 
                        the facility, is minimal in comparison to the 
                        total volume of materials containing hazardous 
                        substances at the facility. Such individual 
                        contribution is presumed to be minimal if it 
                        is not more than 1 percent of the total volume 
                        of such materials, unless the Administrator 
                        identifies a different threshold based on site-
                        specific factors.
                          (ii) Such hazardous substances do not 
                        present toxic or other hazardous 
                        effects that are significantly greater 
                        than those of other hazardous 
                        substances at the facility.
                  (B)(i) The potentially responsible party is a 
                natural person, a small business, or a 
                municipality and can demonstrate to the United 
                States an inability or limited ability to pay 
                response costs. A party who enters into a 
                settlement pursuant to this subparagraph shall 
                be deemed to have resolved its liability under 
                this Act to the United States for all matters 
                addressed in the settlement.
                  (ii) For purposes of this subparagraph, the 
                following provisions apply:
                          (I) In the case of a small business, 
                        the President shall take into 
                        consideration the ability to pay of the 
                        business, if requested by the business. 
                        The term ``ability to pay'' means the 
                        President's reasonable expectation of 
                        the ability of the small business to 
                        pay its total settlement amount and 
                        still maintain its basic business 
                        operations. Such consideration shall 
                        include the business's overall 
                        financial condition and demonstrable 
                        constraints on its ability to raise 
                        revenues.
                          (II) Any business requesting such 
                        consideration shall promptly provide 
                        the President with all relevant 
                        information needed to determine the 
                        business's ability to pay.
                          (III) If the President determines 
                        that a small business is unable to pay 
                        its total settlement amount 
                        immediately, the President shall 
                        consider alternative payment methods as 
                        may be necessary or appropriate. The 
                        methods to be considered may include 
                        installment payments to be paid during 
                        a period of not to exceed 10 years and 
                        the provision of in-kind services.
                  (iii) Any municipality which is a potentially 
                responsible party may submit for consideration 
                by the President an evaluation of the potential 
                impact of the settlement on essential services 
                that the municipality must provide, 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, then the municipality may 
                create a list of the obligations, including an 
                estimate of the costs of complying with such 
                obligations.
                  (iv) Any municipality which is a potentially 
                responsible party may establish an inability to 
                pay through an affirmative showing that such 
                payment of its liability under this Act would 
                either--
                          (I) create a substantial demonstrable 
                        risk that the municipality would 
                        default on existing debt obligations, 
                        be forced into bankruptcy, be forced to 
                        dissolve, or be forced to make 
                        budgetary cutbacks that would 
                        substantially reduce current levels of 
                        protection of public health and safety; 
                        or
                          (II) necessitate a violation of legal 
                        requirements or limitations of general 
                        applicability concerning the assumption 
                        and maintenance of fiscal municipal 
                        obligations.
                  (v) This subparagraph does not 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.
          (2) Basis of determination.--Any person who enters 
        into a settlement pursuant to this subsection shall 
        provide any information requested by the President in 
        accordance with section 104(e). The determination of 
        whether a person is eligible for an expedited 
        settlement shall be made on the basis of all 
        information available to the President at the time the 
        determination is made. The President's determination as 
        to the eligibility of a party that is not a department, 
        agency, or instrumentality of the United States for 
        settlement pursuant to this section shall not be 
        subject to judicial review. If the President determines 
        that a party is not eligible for a settlement pursuant 
        to this section, the President shall explain the basis 
        for that determination in writing to any person who 
        requests such a settlement.
          (3) Additional factors relevant to settlements with 
        municipalities.--In any settlement with a municipality 
        pursuant to this Act, the President may take additional 
        equitable factors into account in determining an 
        appropriate settlement amount, including the limited 
        resources available to that party, and any in-kind 
        services that the party may provide to support the 
        response action at the facility. In considering the 
        value of in-kind services, the President shall consider 
        the fair market value of those services.
          (4) Consent decree or administrative order.--A 
        settlement under this subsection shall be entered as a 
        consent decree or embodied in an administrative order 
        setting forth the terms of the settlement. In the case 
        of any facility where the total response costs exceed 
        [$500,000] $2,000,000 (excluding interest), if the 
        settlement is embodied as an administrative order, the 
        order may be issued only with the prior written 
        approval of the Attorney General. If the Attorney 
        General or his designee has not approved or disapproved 
        the order within 30 days of this referral, the order 
        shall be deemed to be approved unless the Attorney 
        General and the Administrator have agreed to extend the 
        time. The district court for the district in which the 
        release or threatened release occurs may enforce any 
        such administrative order.
          [(5) Effect of agreement.--A party who has resolved 
        its liability to the United States under this 
        subsection shall not be liable for claims for 
        contribution regarding matters addressed in the 
        settlement. Such settlement does not discharge any of 
        the other potentially responsible parties unless its 
        terms so provide, but it reduces the potential 
        liability of the others by the amount of the 
        settlement.]
          (5) Small business defined.--In this section, the 
        term ``small business'' refers to any business entity 
        that employs 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.).

           *       *       *       *       *       *       *

          (7) Deadline.--If the President does not make a 
        settlement offer to a small business on or before the 
        180th day following the date of the President's 
        determination that such small business is eligible for 
        an expedited settlement under this subsection, or on or 
        before the 180th day following the date of the 
        enactment of this paragraph, whichever is later, such 
        small business shall have no further liability under 
        this Act, unless the failure to make a settlement offer 
        on or before such 180th day is due to circumstances 
        beyond the control of the President.
          (8) Premiums.--In any settlement under this Act with 
        a small business, the President may not require the 
        small business to pay any premium over and above the 
        small business's share of liability.
  (h) [Cost Recovery Settlement Authority.--] Authority To 
Settle Claims for Fines, Civil Penalties, Punitive Damages, and 
Cost Recovery.--
          (1) Authority to settle.--The head of any department 
        or agency with authority to undertake a response action 
        under this Act pursuant to the national contingency 
        plan may consider, compromise, and settle a claim under 
        section 107 for [costs incurred] past and future costs 
        incurred or that may be incurred by the United States 
        Government if the claim has not been referred to the 
        Department of Justice for further action. 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 claims for any 
        such fines, civil penalties, or punitive damages which 
        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 response costs, fines, civil penalties, 
        or punitive damages exceeds $3,000,000, such claim may 
        be compromised and settled only with the prior written 
        approval of the Attorney General. In the case of any 
        facility where the total response costs exceed 
        [$500,000 (excluding interest), any claim referred to 
        in the preceding sentence] $2,000,000 (excluding 
        interest), any claim for response costs referred to in 
        this subsection may be compromised and settled only 
        with the prior written approval of the Attorney 
        General.

           *       *       *       *       *       *       *

          [(4) Claims for contribution.--A person who has 
        resolved its liability to the United States under this 
        subsection shall not be liable for claims for 
        contribution regarding matters addressed in the 
        settlement. Such settlement shall not discharge any of 
        the other potentially liable persons unless its terms 
        so provide, but it reduces the potential liability of 
        the others by the amount of the settlement.]

           *       *       *       *       *       *       *

  (n) Challenge to Cost Recovery Component of Settlement.--
Notwithstanding the limitations on review in section 113(h), 
and except as provided in subsection (g) of this section, a 
person whose potential claim for response costs or contribution 
is limited as a result of contribution protection afforded by 
an administrative settlement under this section may challenge 
the cost recovery component of such settlement. Such a 
challenge may be made only by filing a complaint against the 
Administrator in the United States District Court within 60 
days after such settlement becomes final. Venue shall lie in 
the district in which the principal office of the appropriate 
region of the Environmental Protection Agency is located. Any 
review of an administrative settlement shall be limited to the 
administrative record, and the settlement shall be upheld 
unless the objecting party can demonstrate on that record that 
the decision of the President to enter into the administrative 
settlement was arbitrary, capricious, or otherwise not in 
accordance with law.

[SEC. 123. REIMBURSEMENT TO LOCAL GOVERNMENTS.

    [(a) Application.--Any general purpose unit of local 
government for a political subdivision which is affected by a 
release or threatened release at any facility may apply to the 
President for reimbursement under this section.
    [(b) Reimbursement.--
          [(1) Temporary emergency measures.--The President is 
        authorized to reimburse local community authorities for 
        expenses incurred (before or after the enactment of the 
        Superfund Amendments and Reauthorization Act of 1986) 
        in carrying out temporary emergency measures 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 measures may include, where 
        appropriate, security fencing to limit access, response 
        to fires and explosions, and other measures which 
        require immediate response at the local level.
          [(2) Local funds not supplanted.--Reimbursement under 
        this section shall not supplant local funds normally 
        provided for response.
    [(c) Amount.--The amount of any reimbursement to any 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.
    [(d) Procedure.--Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator within one year after the enactment of the 
Superfund Amendments and Reauthorization Act of 1986.]

SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS.

  (a) Application.--Any State or general purpose unit of local 
government for a political subdivision which 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.--The President is authorized 
        to reimburse a State or general purpose unit of local 
        government for expenses incurred 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, response to fires and 
        explosions, and other activities which 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) Reimbursement to states and general purpose units 
        of local government.--The amount of any reimbursement 
        to a State or general purpose unit of local government 
        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 State or general purpose unit of local government 
        having jurisdiction over the political subdivision in 
        which the facility is located.
          (2) Limitation.--The amounts allowed for the State 
        and general purpose units of local government may not 
        be combined for any single response action.
  (d) Procedure.--Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator within 1 year after the date of the enactment of 
the Recycle America's Land Act of 1999.

           *       *       *       *       *       *       *


SEC. 126. INDIAN TRIBES.

    (a) Treatment Generally.--The governing body of an Indian 
tribe shall be afforded substantially the same treatment as a 
State with respect to the provisions of section 103(a) 
(regarding notification of releases), section 104(c)(2) 
(regarding consultation on remedial actions), section 104(e) 
(regarding access to information), section 104(i) (regarding 
health authorities) [and], section 105 (regarding roles and 
responsibilities under the national contingency plan and 
submittal of priorities for remedial action, but not including 
the provision regarding the inclusion of at least one facility 
per State on the National Priorities List), section 117 
(regarding public participation), section 121 (regarding 
selection of remedies), and section 128 (regarding State 
voluntary cleanup programs). In applying this subsection, any 
reference contained in a section identified in the preceding 
sentence to a facility located in a State shall include a 
facility located on lands within the jurisdiction of a Federal 
Indian reservation under the jurisdiction of the United States 
government.

           *       *       *       *       *       *       *

    [(c) Study.--The President shall conduct a survey, in 
consultation with the Indian tribes, to determine the extent of 
hazardous waste sites on Indian lands. Such survey shall be 
included within a report which shall make recommendations on 
the program needs of tribes under this Act, with particular 
emphasis on how tribal participation in the administration of 
such programs can be maximized. Such report shall be submitted 
to Congress along with the President's budget request for 
fiscal year 1988.]
  (c) Health Impacts.--
          (1) Study.--The President shall conduct a study of 
        the health impacts on Indian tribes of pollutants, 
        contaminants, and hazardous substances released from 
        facilities that have been listed or proposed for 
        listing on the National Priorities List.
          (2) Report.--Not later than 2 years after the date of 
        the enactment of the Recycle America's Land Act of 
        1999, the President shall transmit to Congress a report 
        on the results of the study conducted under this 
        subsection.

           *       *       *       *       *       *       *


SEC. 127. BROWNFIELDS.

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Administrative cost.--The term ``administrative 
        cost'' does not include the cost of--
                  (A) site inventories;
                  (B) investigation and identification of the 
                extent of contamination;
                  (C) design and performance of a response 
                action; or
                  (D) monitoring of natural resources.
          (2) Brownfield facility.--
                  (A) In general.--The term ``brownfield 
                facility'' means real property with respect to 
                which expansion, development, or redevelopment 
                is complicated by the presence or potential 
                presence of a hazardous substance.
                  (B) Excluded facilities.--The term 
                ``brownfield facility'' does not include--
                          (i) any portion of real property that 
                        is the subject of an ongoing removal or 
                        planned removal under section 104;
                          (ii) any portion of real property 
                        that is listed or has been proposed for 
                        listing on the National Priorities 
                        List;
                          (iii) any portion of real property 
                        with respect to which a cleanup is 
                        proceeding under a permit, an 
                        administrative order, or a judicial 
                        consent decree entered into by the 
                        United States or an authorized State 
                        under this Act, the Solid Waste 
                        Disposal Act (42 U.S.C. 6901 et seq.), 
                        the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.), the Toxic 
                        Substances Control Act (15 U.S.C. 2601 
                        et seq.), or the Safe Drinking Water Act 
                        (42 U.S.C. 300f et seq.);
                          (iv) a facility that is owned or 
                        operated by a department, agency, or 
                        instrumentality of the United States, 
                        except a facility located on lands held 
                        in trust for an Indian tribe; or
                          (v) a portion of a facility for which 
                        assistance for response activity has 
                        been 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 under section 9508 of the 
                        Internal Revenue Code of 1986.
          (3) Eligible entity.--
                  (A) In general.--The term ``eligible entity'' 
                means--
                          (i) a State or a political 
                        subdivision of a State, including--
                                  (I) a general purpose unit of 
                                local government; and
                                  (II) a regional council or 
                                group of general purpose units 
                                of local government;
                          (ii) a redevelopment agency that is 
                        chartered or otherwise sanctioned by a 
                        State or other unit of government; and
                          (iii) an Indian tribe.
                  (B) Excluded entities.--The term ``eligible 
                entity'' does not include any entity that is 
                not in full compliance with the requirements of 
                an administrative order, judicial consent 
                decree, or closure plan under a permit which 
                has been issued or entered into by the United 
                States or an authorized State under this Act, 
                the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.), the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.), the Toxic Substances 
                Control Act (15 U.S.C. 2601 et seq.), or the 
                Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.) with respect to the real property or 
                portion thereof which is the subject of the 
                order, judicial consent decree, or closure 
                plan.
  (b) Brownfield Assessment Grant Program.--
          (1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible 
        entities for inventory and assessment of brownfield 
        facilities.
          (2) Assistance for site assessment.--On approval of 
        an application made by an eligible entity, the 
        President may make grants to the eligible entity to be 
        used for developing an inventory and conducting an 
        assessment (including an assessment of public health 
        implications) of 1 or more brownfield facilities.
          (3) Applications.--
                  (A) In general.--Any eligible entity may 
                submit an application to the President, in such 
                form as the President may require, for a grant 
                under this subsection for 1 or more brownfield 
                facilities.
                  (B) Application requirements.--An application 
                for a grant under this subsection shall include 
                information relevant to the ranking criteria 
                established under paragraph (4) for the 
                facility or facilities for which the grant is 
                requested.
          (4) Ranking criteria.--The President shall establish 
        a system for ranking grant applications submitted under 
        this subsection that includes the following criteria:
                  (A) The demonstrated need for Federal 
                assistance.
                  (B) The extent to which a grant will 
                stimulate the availability of other funds for 
                environmental remediation and subsequent 
                redevelopment of the area in which the 
                brownfield facilities are located.
                  (C) The estimated extent to which a grant 
                would facilitate the identification of or 
                facilitate a reduction in health and 
                environmental risks.
                  (D) The financial involvement of the State 
                and local government in any response action 
                planned for a brownfield facility and the 
                extent to which the response action and the 
                proposed redevelopment is consistent with any 
                applicable State or local community economic 
                development plan.
                  (E) The extent to which the site assessment 
                and subsequent development involves the active 
                participation and support of the local 
                community.
          (5) Maximum grant amount per facility.--A grant made 
        to an eligible entity under this subsection shall not 
        exceed $200,000 with respect to any brownfield facility 
        covered by the grant.
  (c) Brownfield Remediation Grant Program.--
          (1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible 
        entities to be used for capitalization of revolving 
        loan funds for remedial actions at brownfield 
        facilities.
          (2) Assistance for site remediation.--Upon approval 
        of an application made by an eligible entity, the 
        President may make grants to the eligible entity to be 
        used for establishing a revolving loan fund. Any fund 
        established using such grants shall be used to make 
        loans to a State, a site owner, or a site developer for 
        the purpose of carrying out remedial actions at 1 or 
        more brownfield facilities.
          (3) Assistance for development of local government 
        site remediation programs.--A local government that 
        receives a grant under this subsection may use up to 10 
        percent of the amount of the grant to develop and 
        implement a brownfields site remediation program, 
        including monitoring of human health of any populations 
        exposed to hazardous substances from brownfields 
        facilities, and monitoring and enforcement of any 
        institutional controls required to prevent human 
        exposure to any hazardous substances from brownfields 
        facilities.
          (4) Applications.--
                  (A) In general.--Any eligible entity may 
                submit an application to the President, in such 
                form as the President may require, for a grant 
                under this subsection.
                  (B) Application requirements.--An application 
                under this subsection shall include information 
                relevant to the ranking criteria established 
                under paragraph (5).
          (5) Ranking criteria.--The President shall establish 
        a system for ranking grant applications submitted under 
        this subsection that includes the following criteria:
                  (A) The adequacy of the financial controls 
                and resources of the eligible entity to 
                administer a revolving loan fund in accordance 
                with this subsection.
                  (B) The ability of the eligible entity to 
                monitor the use of funds provided to loan 
                recipients under this subsection.
                  (C) The ability of the eligible entity to 
                ensure that a remedial action funded by the 
                grant will be conducted under the authority of 
                a State cleanup program that ensures that the 
                remedial action is protective of human health 
                and the environment.
                  (D) The ability of the eligible entity to 
                ensure that any cleanup funded under this 
                subsection will comply with all laws that apply 
                to the cleanup.
                  (E) The need of the eligible entity for 
                financial assistance to clean up brownfield 
                sites that are the subject of the application, 
                taking into consideration the financial 
                resources available to the eligible entity.
                  (F) The ability of the eligible entity to 
                ensure that the applicants repay the loans in a 
                timely manner.
                  (G) The plans of the eligible entity for 
                using the grant to stimulate economic 
                development or creation of recreational areas 
                on completion of the cleanup.
                  (H) The plans of the eligible entity for 
                using the grant to stimulate the availability 
                of other funds for environmental remediation 
                and subsequent redevelopment of the area in 
                which the brownfield facilities are located.
                  (I) The plans of the eligible entity for 
                using the grant to facilitate a reduction of 
                health and environmental risks.
                  (J) The plans of the eligible entity for 
                using the grant for remediation and subsequent 
                development that involve the active 
                participation and support of the local 
                community.
          (6) Maximum grant amount.--A grant made to an 
        eligible entity under this subsection may not exceed 
        $1,000,000.
  (d) General Provisions.--
          (1) Prohibition.--No part of a grant under this 
        section may be used for the payment of penalties or 
        fines. Except as provided in subsection (c)(3), no part 
        of such a grant may be used for the payment of 
        administrative costs.
          (2) Audits.--The President shall audit an appropriate 
        number of grants made under subsections (b) and (c) to 
        ensure that funds are used for the purposes described 
        in this section.
          (3) Agreements.--
                  (A) Terms and conditions.--Each grant made 
                under this section shall be subject to an 
                agreement that--
                          (i) requires the eligible entity to 
                        comply with all applicable Federal and 
                        State laws;
                          (ii) requires the eligible entity to 
                        use the grant exclusively for the 
                        purposes specified in subsection (b) or 
                        (c);
                          (iii) in the case of an application 
                        by a State under subsection (c), 
                        requires payment by the State of a 
                        matching share, of at least 50 percent 
                        of the amount of the grant, from other 
                        sources of funding;
                          (iv) requires that grants under this 
                        section will not supplant State or 
                        local funds normally provided for the 
                        purposes specified in subsection (b) or 
                        (c); and
                          (v) contains such other terms and 
                        conditions as the President determines 
                        to be necessary to ensure proper 
                        administration of the grants.
                  (B) Limitation.--The President shall not 
                place terms or conditions on grants made under 
                this section other than the terms and 
                conditions specified in subparagraph (A).
          (4) Leveraging.--An eligible entity that receives a 
        grant under this section may use the funds for part of 
        a project at a brownfield facility for which funding is 
        received from other sources, including other Federal 
        sources, but the grant shall be used only for the 
        purposes described in subsection (b) or (c).
  (e) Approval.--
          (1) Initial grant.--Before the expiration of the 
        fourth quarter of the first fiscal year following the 
        date of enactment of this section, the President shall 
        make grants under this section to eligible entities and 
        States that submit applications, before the expiration 
        of the second quarter of such year, that the President 
        determines have the highest rankings under the ranking 
        criteria established under subsection (b)(4) or (c)(5).
          (2) Subsequent grants.--Beginning with the second 
        fiscal year following the date of enactment of this 
        section, the President shall make an annual evaluation 
        of each application received during the prior fiscal 
        year and make grants under this section to eligible 
        entities and States that submit applications during the 
        prior year that the President determines have the 
        highest rankings under the ranking criteria established 
        under subsection (b)(4) or (c)(5).
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section such sums as may be 
necessary. Such funds shall remain available until expended.

SEC. 128. STATE VOLUNTARY CLEANUP PROGRAMS.

  (a) Assistance to States.--The Administrator may provide 
technical and other assistance to States to establish and 
expand State voluntary cleanup programs.
  (b) Eligible Purposes.--The purposes for which assistance may 
be provided under subsection (a) include the following:
          (1) Providing technical assistance for response 
        actions.
          (2) Providing adequate opportunities for public 
        participation, including prior notice and opportunity 
        for comment in appropriate circumstances, in selecting 
        response actions.
          (3) Developing streamlined procedures to ensure 
        expeditious response actions.
          (4) Providing oversight and enforcement of response 
        actions.
          (5) Performing site inventories and assessments.
  (c) Prohibition on Conditions.--A State may request 
assistance under this section for 1 or more eligible purposes. 
The President may require that such assistance be used to carry 
out the eligible purposes for which the assistance is provided, 
but may not require as a condition of such assistance that the 
State take actions unrelated to such purposes.
  (d) Funding.--There is authorized to be appropriated for 
assistance to States under this section $25,000,000 for each of 
fiscal years 2000 through 2007. The amount of such assistance 
shall be distributed among each of the States that notifies the 
Administrator of the State's intent to establish a State 
voluntary cleanup program and each of the States with a State 
voluntary cleanup program.
  (e) Minimum Amount of Assistance.--Subject to appropriations, 
the minimum amount of assistance the Administrator may provide 
to a State voluntary cleanup program under this section for a 
fiscal year shall be $250,000.
  (f) Limitation on Assistance for Site Inventories.--A State 
that receives assistance under this section in a fiscal year 
shall not be eligible in assistance for site inventories and 
assessments under section 127(b) in such fiscal year.

SEC. 129. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE RESPONSE 
                    ACTION.

  (a) Enforcement.--Except as provided in subsection (b), in 
the case of a facility that is not listed or proposed for 
listing on the National Priorities List and at which there is a 
release or threatened release of a hazardous substance, neither 
the President nor any other person (other than a State) may use 
authority under this Act against any person who is conducting 
or has completed a response action in compliance with a State 
law that specifically governs response actions for the 
protection of public health and the environment--
          (1) to take an administrative or judicial enforcement 
        action under section 106;
          (2) to take a judicial enforcement action to recover 
        response costs under section 107 or 113; or
          (3) to bring a private civil action to recover 
        response costs under section 107 or 113;
regarding any release or threatened release that is addressed 
by such response action.
  (b) Exceptions.--The President may bring an administrative 
enforcement action or a judicial enforcement action to recover 
response costs under this Act with respect to a facility 
described in subsection (a) if--
          (1) the State requests the President to take such 
        action;
          (2) the President determines that response actions 
        are immediately required to prevent, limit, or mitigate 
        an emergency and the State will not take the necessary 
        response actions in a timely manner;
          (3) the Agency for Toxic Substances and Disease 
        Registry issues a public health advisory with respect 
        to the facility; or
          (4) the President determines that contamination has 
        migrated across a State line, resulting in the need for 
        further response action to protect human health or the 
        environment and the affected States will not take the 
        necessary response actions in a timely manner.
  (c) Report to Congress.--Not later than 30 days after the 
date of any enforcement action by the President against a 
person described in subsection (a), the President shall submit 
a report to Congress describing the factual and legal basis for 
such action, with specific reference to the facts demonstrating 
that action is permitted under subsection (b).

SEC. 130. RECYCLING TRANSACTIONS.

  (a) Liability Clarification.--As provided in subsections (b), 
(c), (d), (e), and (f), a person who arranged for the recycling 
of recyclable material or transported such material shall not 
be liable under sections 107(a)(3) and 107(a)(4) with respect 
to such material. A determination whether or not any person 
shall be liable under section 107(a)(3) or 107(a)(4) for any 
transaction not covered by subsections (b) and (c), (d), (e), 
or (f) of this section shall be made, without regard to 
subsections (b), (c), (d), (e), and (f) of this section, on a 
case-by-case basis, based on the individual facts and 
circumstances of such transaction.
  (b) Recyclable Material Defined.--For purposes of this 
section, the term ``recyclable material'' means scrap paper, 
scrap plastic, scrap glass, scrap textiles, scrap rubber, scrap 
metal, 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, and used oil; except 
that such term shall not include--
          (1) shipping containers with a capacity from 30 
        liters to 3,000 liters, whether intact or not, having 
        any hazardous substance (but not metal bits and pieces 
        or hazardous substance that form an integral part of 
        the container) contained in or adhering thereto; or
          (2) any item of material containing polychlorinated 
        biphenyls at a concentration in excess of 50 parts per 
        million or any new standard promulgated pursuant to 
        applicable Federal laws.
  (c) Transactions Involving Scrap Paper, Plastic, Glass, 
Textiles, or Rubber.--
          (1) In general.--Transactions involving recyclable 
        materials that consist of scrap paper, scrap plastic, 
        scrap glass, scrap textiles, or scrap rubber 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:
                  (A) The recyclable material met a commercial 
                specification grade.
                  (B) A market existed for the recyclable 
                material.
                  (C) A substantial portion of the recyclable 
                material was made available for use as a 
                feedstock for the manufacture of a new saleable 
                product.
                  (D) 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.
                  (E) For transactions occurring on or after 
                the 90th day following the date of the 
                enactment of this section, the person exercised 
                reasonable care to determine that the facility 
                where the recyclable material would be 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 the 
                recyclable material.
          (2) Reasonable care.--For purposes of this 
        subsection, ``reasonable care'' shall be determined 
        using criteria that include--
                  (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 the 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 the 
                recyclable material.
          (3) Treatment of certain requirements as substantive 
        provisions.--For purposes of this subsection, a 
        requirement to obtain a permit applicable to the 
        handling, processing, reclamation, or other management 
        activities associated with the recyclable materials 
        shall be deemed to be a substantive provision.
  (d) Transactions Involving Scrap Metal.--
          (1) In general.--Transactions involving recyclable 
        materials that consist of 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 issues under 
                the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.) after the date of 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) Melting of scrap metal.--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) Scrap metal defined.--In this subsection, the 
        term ``scrap metal'' means--
                  (A) bits and pieces of metal parts (such as 
                bars, turnings, rods, sheets, and wire) or 
                metal pieces that may be combined together with 
                bolts or soldering (such as radiators, scrap 
                automobiles, and railroad box cars) which when 
                worn or superfluous can be recycled; and
                  (B) notwithstanding subsection (d)(1)(C), 
                metal byproducts of the production of copper 
                and copper based alloys that--
                          (i) are not the sole or primary 
                        products of a secondary production 
                        process,
                          (ii) are not produced separately from 
                        the primary products of a secondary 
                        production process,
                          (iii) are not and have not been 
                        stored in a pile or surface 
                        impoundment, and
                          (iv) are sold to another recycler 
                        that is not speculatively accumulating 
                        such byproducts,
        except for any scrap metal that the Administrator 
        excludes from this definition by regulation.
  (e) Transactions Involving Batteries.--
          (1) In general.--Transactions involving recyclable 
        materials that consist of 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--
                  (A) 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 but did not recover 
                the valuable components of such batteries; and
                  (B)(i) 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;
                  (ii) with respect to transactions involving 
                nickel-cadmium batteries, Federal environmental 
                regulations or standards were in effect 
                regarding the storage, transport, management, 
                or other activities associated with the 
                recycling of spent nickel-cadmium batteries and 
                the person was in compliance with such 
                regulations or standards and any amendments 
                thereto; or
                  (iii) with respect to transactions involving 
                other spent batteries, Federal environmental 
                regulations or standards were in effect regarding 
                the storage, transport, management, or other 
                activities associated with the recycling of such 
                batteries and the person was in compliance with 
                such regulations or standards and any amendments 
                thereto.
          (2) Recovery of valuable battery components.--For 
        purposes of paragraph (1)(A), a person who, by 
        contract, arranges or pays for processing of batteries 
        by an unrelated third person and receives from such 
        third person materials reclaimed from such batteries 
        shall not thereby be deemed to recover the valuable 
        components of such batteries.
  (f) Transactions Involving Used Oil.--
          (1) In general.--Transactions involving recyclable 
        materials that consist of used oil 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) did not mix the recyclable material with a 
        hazardous substance following the removal of the used 
        oil from service and can demonstrate by a preponderance 
        of the evidence that at the time of the transaction--
                  (A) the recyclable material was sent to a 
                facility that recycled used oil by using it as 
                feed stock for the manufacture of a new 
                saleable product;
                  (B) the person met the criteria specified in 
                paragraphs (1)(D) and (1)(E) of subsection (c), 
                as modified by paragraphs (2) and (3) of 
                subsection (c), with respect to used oil; and
                  (C) regulations or standards for the 
                management of used oil promulgated under the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.) were in effect on the date of the 
                transaction and the person was in compliance 
                with such regulations or standards and any 
                amendment thereto.
          (2) Used oil defined.--In this subsection, the term 
        ``used oil'' means any oil that has been refined from 
        crude oil, or any synthetic oil, that has been used or 
        stored. Such term does not include any oil that is 
        subject to regulation under section 6(e)(1)(A) of the 
        Toxic Substances Control Act (15 U.S.C. 2605(e)(1)(A)), 
        relating to regulations prescribing methods for 
        disposal of polychlorinated biphenyls.
  (g) Exclusions.--
          (1) In general.--The exemptions set forth in 
        subsections (c), (d), (e), and (f) shall not apply if--
                  (A) the person had an objectively reasonable 
                basis to believe at the time of the recycling 
                transaction that--
                          (i) the recyclable material would not 
                        be recycled;
                          (ii) in the case of recyclable 
                        materials other than used oil meeting 
                        used oil specifications promulgated 
                        under the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.), the recyclable 
                        material would be burned as fuel or for 
                        energy recovery or incineration; or
                          (iii) for transactions occurring on 
                        or before the 90th day following the 
                        date of the enactment of this section, 
                        the consuming facility was not in 
                        compliance with a substantive (not a 
                        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 with respect to the management and 
                handling of the recyclable material (including 
                adhering to customary industry practices 
                current at the time of the recycling 
                transaction designed to minimize, through 
                source control, contamination of the recyclable 
                material by hazardous substances).
          (2) Objectively reasonable basis.--For purposes of 
        paragraph (1)(A), an objectively reasonable basis for 
        belief shall be determined using criteria that include 
        the size of the person's business, customary industry 
        practices (including customary industry practices 
        current at the time of the recycling transaction 
        designed to minimize, through source control, 
        contamination of the recyclable material by hazardous 
        substances), 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) Treatment of certain requirements as substantive 
        provisions.--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.
  (h) Effect on Owner Liability.--Nothing in this section shall 
be deemed to affect the liability of a person under section 
107(a)(1) or 107(a)(2).
  (i) Relationship to Liability Under Other Laws.--Nothing in 
this section shall affect--
          (1) 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 
        (42 U.S.C. 6901 et seq.); or
          (2) the ability of the Administrator to promulgate 
        regulations under any other statute, including the 
        Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
  (j) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to--
          (1) affect any rights, defenses or liabilities under 
        section 107 of any person with respect to any 
        transaction involving any material other than a 
        recyclable material subject to subsection (a) of this 
        section; or
          (2) relieve a plaintiff of the burden of proof that 
        the elements of liability under section 107 are met 
        under the particular circumstances of any transaction 
        for which liability is alleged.

SEC. 131. ALLOCATION.

  (a) Purpose of Allocation.--The purpose of an allocation 
under this section is to determine an equitable allocation of 
the costs of a removal or remedial action at a facility on the 
National Priorities List that is eligible for an allocation 
under this section, including the share to be borne by the 
Trust Fund under subsection (i).
  (b) Eligible Response Action.--
          (1) In general.--A removal or remedial action is 
        eligible for an allocation under this section if the 
        action is at a facility on the National Priorities List 
        and if--
                  (A) the performance of the removal or 
                remedial action is not the subject of an 
                administrative order or consent decree as of 
                March 25, 1999;
                  (B) the President's estimate of the costs for 
                performing such removal or remedial action that 
                have not been recovered by the President as of 
                March 25, 1999, exceeds $2,000,000; and
                  (C) there are response costs attributable to 
                the Fund share under subsection (i).
          (2) Excluded response actions.--
                  (A) Chain of title sites.--Notwithstanding 
                paragraph (1), a removal or remedial action is 
                not eligible for an allocation if--
                          (i) the facility is located on a 
                        contiguous area of real property under 
                        common ownership or control; and
                          (ii) all of the parties potentially 
                        liable for response costs are current 
                        or former owners or operators of such 
                        facility,
                unless the current owner of such facility is 
                insolvent or defunct.
                  (B) Current owner.--If the current owner of 
                the property on which the facility is located 
                is not liable under section 107(b)(2), the 
                owner immediately preceding such owner shall be 
                considered to be the current owner of the 
                property for purposes of subparagraph (A).
                  (C) Affiliated parties.--If the current owner 
                is affiliated with any other person through any 
                direct or indirect familial relationship or any 
                contractual, corporate, or financial 
                relationship other than that created by 
                instruments by which title to the facility is 
                conveyed or financed or by a contract for the 
                sale of goods or services, and such other 
                person is liable for response costs at the 
                facility, such other person's assets may be 
                considered assets of the current owner when 
                determining under subparagraph (A) whether the 
                current owner is insolvent or defunct.
  (c) Discretionary Allocation Process.--Notwithstanding 
subsection (b), the President may initiate an allocation under 
this section for any removal or remedial action at a facility 
listed on the National Priorities List and may provide a Fund 
share under subsection (i).
  (d) Allocation Process.--For each eligible removal or 
remedial action, the President shall ensure that a fair and 
equitable allocation of liability is undertaken at an 
appropriate time by a neutral allocator selected by agreement 
of the parties under such process or procedures as are agreed 
to by the parties. An allocation under this section shall apply 
to subsequent removal or remedial actions for a facility unless 
the allocator determines that the allocation should address 
only one or more of such removal or remedial actions.
  (e) Early Offer of Settlement.--As soon as practicable and 
prior to the selection of an allocator, the President shall 
provide an estimate of the aggregate Fund share in accordance 
with subsection (i). The President shall offer to contribute to 
a settlement of liability for response costs on the basis of 
this estimate.
  (f) Representation of the United States and Affected 
States.--The Administrator or the Attorney General, as a 
representative of the Fund, and a representative of any State 
that is or may be responsible pursuant to section 104(c)(3) for 
any costs of a removal or remedial action that is the subject 
of an allocation shall be entitled to participate in the 
allocation proceeding to the same extent as any potentially 
responsible party.
  (g) Moratorium on Litigation.--
          (1) Moratorium on litigation.--No person may commence 
        any civil action or assert any claim under this Act 
        seeking recovery of any response costs, or contribution 
        toward such costs, in connection with any response 
        action for which the President has initiated an 
        allocation under this section, until 150 days after 
        issuance of the allocator's report or of a report under 
        this section.
          (2) Stay.--If any action or claim referred to in 
        paragraph (1) is pending on the date of enactment of 
        this section or on the date of initiation of an 
        allocation, such action or claim (including any pendant 
        claim under State law over which a court is exercising 
        jurisdiction) shall be stayed until 150 days after the 
        issuance of the allocator's report or of a report under 
        this section, unless the court determines that a stay 
        will result in manifest injustice.
          (3) Tolling of limitations period.--Any applicable 
        limitations period with respect to actions subject to 
        paragraph (1) shall be tolled from the earlier of--
                  (A) the date of listing of the facility on 
                the National Priorities List, where such 
                listing occurs after the date of enactment of 
                this section; or
                  (B) the commencement of the allocation 
                process pursuant to this section, until 180 
                days after the President rejects or waives the 
                President's right to reject the allocator's 
                report.
  (h) Effect on Principles of Liability.--The allocation 
process under this section shall not be construed to modify or 
affect in any way the principles of liability under this title 
as determined by the courts of the United States.
  (i) Fund Share.--For each removal or remedial action that is 
the subject of an allocation under this section, the allocator 
shall determine the share of response costs, if any, to be 
allocated to the Fund. The Fund share shall consist of the sum 
of following amounts:
          (1) The amount attributable to the aggregate share of 
        response costs that the allocator determines to be 
        attributable to parties who are not affiliated with any 
        potentially responsible party and whom the President 
        determines are insolvent or defunct.
          (2) The amount attributable to the difference in the 
        aggregate share of response costs that the allocator 
        determines to be attributable to parties who have 
        resolved their liability to the United States under 
        section 122(g)(1)(B) (relating to limited ability to 
        pay settlements) for the removal or remedial action and 
        the amount actually assumed by those parties in any 
        settlement for the response action with the United 
        States.
          (3) Except as provided in subsection (j), the amount 
        attributable to the aggregate share of response costs 
        that the allocator determines to be attributable to 
        persons who are entitled to an exemption from liability 
        under subsection (o) or (p) of section 107 or section 
        114(c) or 130 at a facility or vessel on the National 
        Priorities List.
          (4) The amount attributable to the difference in the 
        aggregate share of response costs that an allocator 
        determines to be attributable to persons subject to a 
        limitation on liability under section 107(p) or 107(q) 
        and the amount actually assumed by those parties in 
        accordance with such limitation.
  (j) Certain MSW Generators.--Notwithstanding subsection 
(i)(3), the allocator shall not attribute any response costs to 
any person who would have been liable under section 107(a)(3) 
or 107(a)(4) but for the exemption from liability under section 
107(p)(3).
  (k) Unattributable Share.--The share attributable to the 
aggregate share of response costs incurred to respond to 
materials containing hazardous substances for which no 
generator, transporter, or owner or operator at the time of 
disposal or placement, can be identified shall be divided pro 
rata among the potentially responsible parties and the Fund 
share determined under subsection (i).
  (l) Expedited Allocation.--At the request of the potentially 
responsible parties or the United States, to assist in reaching 
settlement, the allocator may, prior to reaching a final 
allocation of response costs among all parties, first provide 
an estimate of the aggregate Fund share, in accordance with 
subsection (i), and an estimate of the aggregate share of the 
potentially responsible parties.
  (m) Settlement Before Allocation Determination.--
          (1) Settlement of all removal or remedial costs.--A 
        group of potentially responsible parties may submit to 
        the allocator a private allocation for any removal or 
        remedial action that is within the scope of the 
        allocation. If such private allocation meets each of 
        the following criteria, the allocator shall promptly 
        adopt it as the allocation report:
                  (A) The private allocation is a binding 
                allocation of at least 80 percent of the past, 
                present, and future costs of the removal or 
                remedial action.
                  (B) The private allocation does not allocate 
                any share to any person who is not a signatory 
                to the private allocation.
                  (C) The signatories to the private allocation 
                waive their rights to seek recovery of removal 
                or remedial costs or contribution under this 
                Act with respect to the removal or remedial 
                action from any other party at the facility.
          (2) Other settlements.--The President may use the 
        authority under section 122(g) to enter into settlement 
        agreements with respect to any response action that is 
        the subject of an allocation at any time.
  (n) Settlements Based on Allocations.--
          (1) In general.--Subject to paragraph (2), the 
        President shall accept an offer of settlement of 
        liability for response costs for a removal or remedial 
        action that is the subject of an allocation if--
                  (A) the offer is made within 90 days after 
                issuance of the allocator's report; and
                  (B) the offer is based on the share of 
                response costs specified by the allocator and 
                such other terms and conditions (other than the 
                allocated share of response costs) as are 
                acceptable to the President.
          (2) Rejection of allocation report.--The requirement 
        of paragraph (1) to accept an offer of settlement shall 
        not apply if the Administrator and the Attorney General 
        reject the allocation report.
  (o) Reimbursement for UAO Performance.--
          (1) Reimbursement.--The Administrator shall enter 
        into agreements to provide mixed funding to reimburse 
        parties who satisfactorily perform, pursuant to an 
        administrative order issued under section 106, a 
        removal or remedial action eligible for an allocation 
        under subsection (b) for the reasonable and necessary 
        costs of such removal or remedial action to the extent 
        that--
                  (A) the costs incurred by a performing party 
                exceed the share of response costs assigned to 
                such party in an allocation that is performed 
                in accordance with the provisions of this 
                section;
                  (B) the allocation is not rejected by the 
                United States; and
                  (C) the performing party, in consideration 
                for such reimbursement--
                          (i) agrees not to contest liability 
                        for all response costs not inconsistent 
                        with the National Contingency Plan to 
                        the extent of the allocated share;
                          (ii) receives no covenant not to sue; 
                        and
                          (iii) waives contribution rights 
                        against all parties who are potentially 
                        responsible parties for the response 
                        action, as well as waives any rights to 
                        challenge any settlement the President 
                        enters into with any other potentially 
                        responsible party.
          (2) Offset.--Any reimbursement provided to a 
        performing party under this subsection shall be subject 
        to equitable offset or reduction by the Administrator 
        upon a finding of a failure to perform any aspect of 
        the remedy in a proper and timely manner.
          (3) Time of payment.--Any reimbursement to a 
        performing party under this subsection shall be paid 
        after work is completed, but no sooner than completion 
        of the construction of the remedial action and, subject 
        to paragraph (5), without any increase for interest or 
        inflation.
          (4) Limit on amount of reimbursement.--The amount of 
        reimbursement under this subsection shall be further 
        limited as follows:
                  (A) Performing parties who waive their right 
                to challenge remedy selection at the end of the 
                moratorium following allocation shall be 
                entitled to reimbursement of actual dollars 
                spent by each such performing party in excess 
                of the party's share and attributable by the 
                allocator to the Fund share under subsection 
                (i).
                  (B) Performing parties who retain their right 
                to challenge the remedy shall be reimbursed (i) 
                for actual dollars spent by each such 
                performing party, but not to exceed 90 percent 
                of the Fund share, or (ii) an amount equal to 
                80 percent of the Fund share if the Fund share 
                is less than 20 percent of responsibility at 
                the site.
          (5) Reimbursement of shares attributable to other 
        parties.--If reimbursement is made under this 
        subsection to a performing party for work in excess of 
        the performing party's allocated share that is not 
        attributable to the Fund share, the performing party 
        shall be entitled to all interest (prejudgment and post 
        judgment, whether recovered from a party or earned in a 
        site account) that has accrued on money recovered by 
        the United States from other parties for such work at 
        the time construction of the remedy is completed.
          (6) Reimbursement claims.--The Administrator shall 
        require that all claims for reimbursement be supported 
        by--
                  (A) documentation of actual costs incurred; 
                and
                  (B) sufficient information to enable the 
                Administrator to determine whether such costs 
                were reasonable.
          (7) Independent auditing.--The Administrator may 
        require independent auditing of any claim for 
        reimbursement.
  (p) Post-Settlement Litigation.--Following expiration of the 
moratorium periods under subsection (g), the United States may 
request the court to lift the stay and proceed with an action 
under this Act against any potentially responsible party that 
has not resolved its liability to the United States following 
an allocation, seeking to recover response costs that are not 
recovered through settlements with other persons. All such 
actions shall be governed by the principles of liability under 
this Act as determined by the courts of the United States.
  (q) Response Costs.--
          (1) Description.--The following costs shall be 
        considered response costs for purposes of this Act:
                  (A) Costs incurred by the United States and 
                the court of implementing the allocation 
                procedure set forth in this section, including 
                reasonable fees and expenses of the allocator.
                  (B) Costs paid from amounts made available 
                under section 111(a)(1).
          (2) Settled parties.--Any costs of allocation 
        described in paragraph (1)(A) and incurred after a 
        party has settled all of its liability with respect to 
        the response action or actions that are the subject of 
        the allocation may not be recovered from such party.
  (r) Federal, State, and Local Agencies.--All Federal, State, 
and local governmental departments, agencies, or 
instrumentalities that are identified as potentially 
responsible parties shall be subject to, and be entitled to the 
benefits of, the allocation process and allocation 
determination provided by this section to the same extent as 
any other party.
  (s) Source of Funds.--Payments made by the Trust Fund, or 
work performed on behalf of the Trust Fund, to meet obligations 
incurred by the President under this section to pay a Fund 
share or to reimburse parties for costs incurred in excess of 
the parties' allocated shares under subsections (e), (m), (n), 
or (o) shall be funded from amounts made available by section 
111(a)(1).
  (t) Savings Provisions.--Except as otherwise expressly 
provided, nothing in this section shall limit or affect the 
following:
          (1) The President's--
                  (A) authority to exercise the powers 
                conferred by sections 103, 104, 105, 106, 107, 
                or 122;
                  (B) authority to commence an action against a 
                party where there is a contemporaneous filing 
                of a judicial consent decree resolving that 
                party's liability;
                  (C) authority to file a proof of claim or 
                take other action in a proceeding under title 
                11, United States Code;
                  (D) authority to file a petition to preserve 
                testimony under Rule 27 of the Federal Rules of 
                Civil Procedure; or
                  (E) authority to take action to prevent 
                dissipation of assets, including actions under 
                chapter 176 of title 28, United States Code.
          (2) The ability of any person to resolve its 
        liability at a facility to any other person at any time 
        before or during the allocation process.
          (3) The validity, enforceability, finality, or merits 
        of any judicial or administrative order, judgment, or 
        decree issued, signed, lodged, or entered, before the 
        date of enactment of this paragraph with respect to 
        liability under this Act, or authority to modify any 
        such order, judgment, or decree with regard to the 
        response action addressed in the order, judgment or 
        decree.
          (4) The validity, enforceability, finality, or merits 
        of any pre-existing contract or agreement relating to 
        any allocation of responsibility or any indemnity for, 
        or sharing of, any response costs under this Act.

SEC. 132. RISK ASSESSMENT PRINCIPLES, GUIDELINES, AND REVIEWS.

  Risk assessments and characterizations conducted under this 
Act shall--
          (1) provide objective assessments, estimates, and 
        characterizations which neither minimize nor exaggerate 
        the nature and magnitude of risks to human health and 
        the environment;
          (2) distinguish scientific findings from other 
        considerations;
          (3) be based on all reasonably available, relevant, 
        and reliable scientific and technical information and 
        shall describe the process for selecting such 
        information; and
    (4) be based on an analysis of the weight of scientific 
evidence that supports conclusions about a problem's potential 
risk to human health and the environment.

           *       *       *       *       *       *       *


                  TITLE III--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


                   effective dates, savings provision

    Sec. 302. (a)  * * *

           *       *       *       *       *       *       *

    (e) No Preemption of State Law Claims.--Section 107 shall 
not be construed to preempt any claims under State law for 
contribution to or recovery of costs of responding to releases 
or threatened releases of hazardous substances.

           *       *       *       *       *       *       *

                              ----------                              


         SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986

           *       *       *       *       *       *       *


  TITLE I--PROVISIONS RELATING PRIMARILY TO RESPONSE AND LIABILITY

           *       *       *       *       *       *       *


SEC. 126. WORKER PROTECTION STANDARDS.

    (a)  * * *

           *       *       *       *       *       *       *

    (g) Grant Program.--
        (1)
    Grant purposes.--Grants from the Fund for the training and 
education of workers who are or may be engaged in activities 
related to hazardous waste removal or containment or emergency 
response may be made under this subsection.
    (2) Administration.--Grants from the Fund under this 
subsection shall be administered by the National Institute of 
Environmental Health Sciences.
    (3) Grant recipients.--Grants from the Fund shall be 
awarded to nonprofit organizations which demonstrate experience 
in implementing and operating worker health and safety training 
and education programs and demonstrate the ability to reach and 
involve in training programs target populations of workers who 
are or will be engaged in hazardous waste removal or 
containment or emergency response operations.
    (4) Allocation of amounts.--Of the amounts made available 
under section 111 to carry out this subsection in a fiscal 
year, at least 20 percent shall be allocated to non-profit 
organizations described in paragraph (3) for training minority 
and other community-based workers who are or may be directly 
engaged in hazardous waste removal or containment or emergency 
response actions.

           *       *       *       *       *       *       *


SEC. 517. HAZARDOUS SUBSTANCE SUPERFUND.

  (a)  * * *
    [(b) Authorization of Appropriations.--There is authorized 
to be appropriated, out of any money in the Treasury not 
otherwise appropriated, to the Hazardous Substance Superfund 
for fiscal year--
          [(1) 1987, $250,000,000,
          [(2) 1988, $250,000,000,
          [(3) 1989, $250,000,000,
          [(4) 1990, $250,000,000,
          [(5) 1991, $250,000,000,
          [(6) 1992, $250,000,000,
          [(7) 1993, $250,000,000
          [(8) 1994, $250,000,000, and
          [(9) 1995, $250,000,000.[,]]

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           SECTION 9507 OF THE INTERNAL REVENUE CODE OF 1986

SEC. 9507. HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Creation of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the 
``Hazardous Substance Superfund'' (hereinafter in this section 
referred to as the ``Superfund''), consisting of such amounts 
as may be--
    (1)  * * *
    (2) appropriated to the Superfund pursuant to [section 
517(b) of the Superfund Revenue Act of 1986] section 111(p) of 
the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9611(p)), or

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