Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

115th Congress }                                          { Rept. 115-303
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { Part 1

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

 
 BROWNFIELDS ENHANCEMENT, ECONOMIC REDEVELOPMENT, AND REAUTHORIZATION 
                              ACT OF 2017

                                _______
                                

               September 11, 2017.--Ordered to be printed

                                _______
                                

 Mr. Walden, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3017]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3017) to amend the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 to 
reauthorize and improve the brownfields program, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Committee Action.................................................     3
Committee Votes..................................................     3
Oversight Findings and Recommendations...........................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     5
Statement of General Performance Goals and Objectives............     5
Duplication of Federal Programs..................................     5
Committee Cost Estimate..........................................     6
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     8

                          Purpose and Summary

    The purpose of H.R. 3017 is to amend the Comprehensive 
Environmental Response Compensation and Liability Act (CERCLA) 
to reauthorize the Environmental Protection Agency's (EPA) 
Brownfields Program and to make several changes to the 
brownfields law.

                  Background and Need for Legislation

    A brownfield is ``a property, the expansion, redevelopment, 
or reuse of which may be complicated by the presence or 
potential presence of a hazardous substance, pollutant, or 
contaminant.''\1\ EPA estimates that there are more than 
450,000 brownfields in the United States.\2\ Brownfields are 
often abandoned, closed, or under-utilized industrial or 
commercial facilities that because of their prior use, show 
evidence of contamination, which triggers regulatory issues and 
potentially high costs associated with remediation. The 
development of these properties is often more expensive and 
time-consuming than the development of a property without the 
stigma of environmental contamination. In addition, the 
presence of contamination and the potential uncertainty 
regarding liability may result in difficulty in securing 
financing for cleanup and redevelopment. As a result, these 
sites are often not cleaned up and become a blight on the local 
community that depresses real estate values and incentives for 
economic growth.
---------------------------------------------------------------------------
    \1\42 USC 9601(39).
    \2\https://www.epa.gov/brownfields/brownfield-overview-and-
definition
---------------------------------------------------------------------------
    The 2002 Small Business Liability Relief and Brownfields 
Revitalization Act (the ``brownfields law'') provided the means 
for EPA to work with the public and private sectors to promote 
brownfields cleanup and reuse. The brownfields law amended 
CERCLA by authorizing funds to assess and cleanup brownfields 
and authorizing funds for State and tribal response programs. 
The brownfields law also codified many of EPA's established 
practices and policies regarding brownfields, established a 
grant program, and provided limited protection from CERCLA 
liability for potential redevelopers who played no role in 
causing contamination.
    The EPA Brownfields Program is critical to reducing blight 
and converting brownfields into productive, tax revenue-
generating properties for the communities in which they are 
located. Brownfields grants are the foundation of the 
Brownfields Program by funding environmental assessment, 
cleanup, and job training activities. The authorization in the 
brownfields law expired in 2006. H.R. 3017 reauthorizes this 
important program.
    Witnesses at the hearing held by the Subcommittee on the 
Environment on April 4, 2017, as well as at hearings held by 
the Subcommittee on Environment and the Economy in the 114th 
Congress noted several places where the brownfields law could 
be improved. H.R. 3017 also makes several improvements to the 
brownfields law, including:
           The bill clarifies the liability of states 
        and local units of government that take title to 
        property involuntarily by virtue of their function as a 
        sovereign;
           The bill clarifies when sites contaminated 
        by petroleum may be considered a brownfield site and 
        when a leaseholder may qualify for certain liability 
        protections;
           The bill expands eligibility for nonprofit 
        organizations and for eligible entities that took title 
        to a brownfield site prior to January 11, 2001;
           The bill increases the limit for remediation 
        grants under the Brownfields Program, establishes 
        multipurpose grants, and allows recovery of limited 
        administrative costs;
           The bill adds to the list of criteria for 
        the grant program, whether a grant would facilitate the 
        production of renewable energy;
           The bill allows EPA to provide additional 
        funds for small, rural, and disadvantaged communities 
        and Indian tribes; and
           The bill reauthorizes funding for section 
        104(k) of CERCLA and section 128(a) of CERCLA.

                            Committee Action

    On April 4, 2017, the Subcommittee on the Environment held 
a hearing on a ``Discussion Draft: Brownfields 
Reauthorization.'' The Subcommittee received testimony from:
           Robert Martineau, Commissioner, Tennessee 
        Department of Environment and Conservation, on behalf 
        of the Environmental Council of States (ECOS);
           Meade Anderson, Brownfields Program Manager, 
        Virginia Department of Environmental Quality, on behalf 
        of the Association of State and Territorial Solid Waste 
        Management Officials (ASTSWMO);
           J. Christian Bollwage, Mayor, City of 
        Elizabeth, New Jersey, on behalf of the U.S. Conference 
        of Mayors;
           Salvatore J. Panto, Mayor, City of Easton, 
        Pennsylvania, on behalf of the National League of 
        Cities; and
           Parris Glendening, President, Smart Growth 
        America's Leadership Institute.
    On June 15, 2017, the Subcommittee on the Environment met 
in open markup session and forwarded the ``Discussion Draft: 
Brownfields Reauthorization,'' without amendment, to the full 
Committee by a voice vote. On June 22, 2017, the Discussion 
Draft was introduced as H.R. 3017. On June 28, 2017, the full 
Committee on Energy and Commerce met in open markup session and 
ordered H.R. 3017, without amendment, favorably reported to the 
House by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. There were no record votes taken in connection with 
ordering H.R. 3017 reported.

                 Oversight Findings and Recommendations

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held a hearing and made findings that 
are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 3017 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII, the following is 
the cost estimate provided by the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 21, 2017.
Hon. Greg Walden,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3017, the 
Brownfields Enhancement, Economic Redevelopment, and 
Reauthorization Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                             Mark P. Hadley
                                                  (For Keith Hall).
    Enclosure.

H.R. 3017--Brownfields Enhancement, Economic Redevelopment, and 
        Reauthorization Act of 2017

    H.R. 3017 would authorize the appropriation of $250 million 
annually over the 2017-2021 period for the Environmental 
Protection Agency (EPA) to provide grants to clean up 
brownfields and support state brownfield programs. (Brownfields 
are properties where the presence, or potential presence, of a 
hazardous substance complicates the expansion or redevelopment 
of the property.) Assuming appropriation of the authorized 
amounts, CBO estimates that implementing H.R. 3017 would cost 
$888 million over the 2018-2022 period; the remainder would be 
spent in years after 2022.
    Enacting H.R. 3017 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 3017 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 3017 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3017 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars--
                                                      ----------------------------------------------------------
                                                        2017    2018    2019    2020    2021    2022   2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Cleanup Grants:
    Authorization Level..............................       0     200     200     200     200       0       800
    Estimated Outlays................................       0      68     142     172     186     126       694
State Response Program Grants:
    Authorization Level..............................       0      50      50      50      50       0       200
    Estimated Outlays................................       0       3      43      50      50      48       194
      Total Changes:
        Authorization Levela.........................       0     250     250     250     250       0     1,000
        Estimated Outlays............................       0      71     185     222     236     174       888
----------------------------------------------------------------------------------------------------------------
aThe Environmental Protection Agency's Brownfields Program received appropriations totaling $126 million in
  fiscal year 2017 to make grants under the programs that would be reauthorized under this legislation. H.R.
  3017 would authorize appropriations totaling $250 million in 2017; however, for purposes of this estimate CBO
  assumes that there will be no further appropriations for 2017.

      
    Basis of estimate: For this estimate, CBO assumes that H.R. 
3017 will be enacted near the end of fiscal year 2017, that the 
specified amounts will be appropriated in each year starting in 
2018, and that outlays will follow historical spending patterns 
for the brownfields program. The Congress provided $126 million 
for brownfields grant programs in 2017.
    Pay-As-You-Go considerations: None.
    Increase in long-term deficit and direct spending: CBO 
estimates that enacting H.R. 3017 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    Intergovernmental and private-sector impact: H.R. 3017 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would benefit state, local, and tribal 
governments by authorizing federal grants to support brownfield 
cleanup activities and programs. Any costs those governments 
might incur, including matching contributions, would result 
from participating in a voluntary federal program.
    Estimate prepared by: Federal costs: Jon Sperl; Impact on 
state, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                       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.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to 
reauthorize the EPA Brownfields Program and make changes to the 
brownfields law in CERCLA.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 3017 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 3017 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, the Committee finds 
that H.R. 3017 contains no directed rule makings.

                      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 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.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that the Act may be cited as the 
``Brownfields Enhancement, Economic Redevelopment, and 
Reauthorization Act of 2017.''

Section 2. Redevelopment certainty for governmental entities

    This section amends the definition of ``owner or operator'' 
in section 101(20)(D) of CERCLA by removing the term 
``involuntarily,'' which means that a unit of State or local 
government that acquires ownership or control involuntarily is 
not an ``owner or operator'' under CERCLA. Section 1 also makes 
a conforming change in the definition of ``contractual 
relationship'' in section 101(35)(D).

Section 3. Petroleum brownfield enhancement

    This section amends the definition of ``brownfield site'' 
in section 101(39)(D) to clarify that a petroleum site is 
eligible to be a brownfield site if there is no viable 
responsible party and if EPA or the State determine that the 
site will be assessed and remediated by a person who is not 
potentially liable to clean up the site.

Section 4. Clarification of leaseholder interest

    This section clarifies the existing definition of a ``bona 
fide prospective purchaser'' in 101(40) of CERCLA with respect 
to a tenant or person who holds a lease hold interest, but who 
otherwise meets the requirements to be a bona fide prospective 
purchaser. This section also defines a ``leaseholder.''

Section 5. Expanded eligibility for nonprofit organizations

    This section makes certain non-profit entities 501(c)(3) 
organizations, limited liability corporations and limited 
liability partnerships (the members of which are non-profit 
organizations), and qualified community development entities 
``eligible entities'' under section 104(k)(1).

Section 6. Treatment of publicly owned brownfields sites

    This section provides that an otherwise eligible entity may 
receive a brownfields assessment or remediation grant even if 
the brownfields property was acquired prior to January 11, 
2002.

Section 7. Remediation grant enhancement

    This section increases the limit for remediation grants 
from $200,000 to $500,000 and allows EPA to waive that limit up 
to $750,000 based on the level of contamination, and the size 
or ownership status of the site.

Section 8. Multipurpose brownfields grants

    This section allows EPA to issue multipurpose grants to 
inventory, characterize, assess, plan, provide technical 
assistance, and remediate one or more sites in an area proposed 
by the eligible entity. The grants may be up to $1,000,000. 
This section also establishes criteria and conditions for the 
award of the multipurpose grants.

Section 9. Administrative costs for grant recipients

    This section allows eligible entities to use up to 5 
percent of a grant to pay administrative costs. The section 
also restricts what may be considered as an administrative 
cost.

Section 10. Renewable energy on brownfields sites

    This section directs EPA to include in the ranking system 
for grant applications, the extent to which a grant would 
facilitate the production of renewable energy on the 
brownfields site.

Section 11. Small community technical assistance grants

    This section allows EPA to make grants to States under 
section 128(a) for the purpose of assisting small communities, 
Indian tribes, rural areas, or disadvantaged areas in the State 
in taking an inventory of sites, site assessment or 
remediation, facilitating community involvement, or site 
preparation at brownfields sites. EPA may use up to $1,500,000 
of the funds available under 104(k) for this purpose and the 
grants to States may not be more than $20,000. The section also 
defines ``Disadvantaged Area'' and ``Small Community.''

Section 12. Brownfields funding

    This section is the authorization for appropriations of the 
brownfields program at current levels ($200,000,000) for fiscal 
years 2017 through 2021 under section 104(k) of CERCLA.

Section 13. State response program funding

    This section is the authorization of appropriations for 
State response grants at current levels ($50,000,000) for 
fiscal years 2017 through 2021 under section 128(a) of CERCLA.

         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 italics, and existing law in which no 
change is proposed is shown in roman):

 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT 
                                OF 1980



           *       *       *       *       *       *       *
    TITLE I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION

                              definitions

  Sec. 101. For purpose of this title--
          (1) The term ``act of God'' means an unanticipated 
        grave natural disaster or other natural phenomenon of 
        an exceptional, inevitable, and irresistible character, 
        the effects of which could not have been prevented or 
        avoided by the exercise of due care or foresight.
          (2) The term ``Administrator'' means the 
        Administrator of the United States Environmental 
        Protection Agency.
          (3) The term ``barrel'' means forty-two United States 
        gallons at sixty degrees Fahrenheit.
          (4) The term ``claim'' means a demand in writing for 
        a sum certain.
          (5) The term ``claimant'' means any person who 
        presents a claim for compensation under this Act.
          (6) The term ``damages'' means damages for injury or 
        loss of natural resources as set forth in section 
        107(a) or 111(b) of this Act.
          (7) The term ``drinking water supply'' means any raw 
        or finished water source that is or may be used by a 
        public water system (as defined in the Safe Drinking 
        Water Act) or as drinking water by one or more 
        individuals.
          (8) The term ``environment'' means (A) the navigable 
        waters, the waters of the contiguous zone, and the 
        ocean waters of which the natural resources are under 
        the exclusive management authority of the United States 
        under the Fishery Conservation and Management Act of 
        1976, and (B) any other surface water, ground water, 
        drinking water supply, land surface or subsurface 
        strata, or ambient air within the United States or 
        under the jurisdiction of the United States.
          (9) The term ``facility'' means (A) any building, 
        structure, installation, equipment, pipe or pipeline 
        (including any pipe into a sewer or publicly owned 
        treatment works), well, pit, pond, lagoon, impoundment, 
        ditch, landfill, storage container, motor vehicle, 
        rolling stock, or aircraft, or (B) any site or area 
        where a hazardous substance has been deposited, stored, 
        disposed of, or placed, or otherwise come to be 
        located; but does not include any consumer product in 
        consumer use or any vessel.
          (10) The term ``federally permitted release'' means 
        (A) discharges in compliance with a permit under 
        section 402 of the Federal Water Pollution Control Act, 
        (B) discharges resulting from circumstances identified 
        and reviewed and made part of the public record with 
        respect to a permit issued or modified under section 
        402 of the Federal Water Pollution Control Act and 
        subject to a condition of such permit, (C) continuous 
        or anticipated intermittent discharges from a point 
        source, identified in a permit or permit application 
        under section 402 of the Federal Water Pollution 
        Control Act, which are caused by events occurring 
        within the scope of relevant operating or treatment 
        systems, (D) discharges in compliance with a legally 
        enforceable permit under section 404 of the Federal 
        Water Pollution Control Act, (E) releases in compliance 
        with a legally enforceable final permit issued pursuant 
        to section 3005 (a) through (d) of the Solid Waste 
        Disposal Act from a hazardous waste treatment, storage, 
        or disposal facility when such permit specifically 
        identifies the hazardous substances and makes such 
        substances subject to a standard of practice, control 
        procedure or bioassay limitation or condition, or other 
        control on the hazardous substances in such releases, 
        (F) any release in compliance with a legally 
        enforceable permit issued under section 102 of section 
        103 of the Marine Protection, Research, and Sanctuaries 
        Act of 1972, (G) any injection of fluids authorized 
        under Federal underground injection control programs or 
        State programs submitted for Federal approval (and not 
        disapproved by the Administrator of the Environmental 
        Protection Agency) pursuant to part C of the Safe 
        Drinking Water Act, (H) any emission into the air 
        subject to a permit or control regulation under section 
        111, section 112, title I part C, title I part D, or 
        State implementation plans submitted in accordance with 
        section 110 of the Clean Air Act (and not disapproved 
        by the Administrator of the Environmental Protection 
        Agency), including any schedule or waiver granted, 
        promulgated, or approved under these sections, (I) any 
        injection of fluids or other materials authorized under 
        applicable State law (i) for the purpose of stimulating 
        or treating wells for the production of crude oil, 
        natural gas, or water, (ii) for the purpose of 
        secondary, tertiary, or other enhanced recovery of 
        crude oil or natural gas, or (iii) which are brought to 
        the surface in conjunction with the production of crude 
        oil or natural gas and which are reinjected, (J) the 
        introduction of any pollutant into a publicly owned 
        treatment works when such pollutant is specified in and 
        in compliance with applicable pretreatment standards of 
        section 307 (b) or (c) of the Clean Water Act and 
        enforceable requirements in a pretreatment program 
        submitted by a State or municipality for Federal 
        approval under section 402 of such Act, and (K) any 
        release of source, special nuclear, or byproduct 
        material, as those terms are defined in the Atomic 
        Energy Act of 1954, in compliance with a legally 
        enforceable license, permit, regulation, or order 
        issued pursuant to the Atomic Energy Act of 1954.
          (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.
          (12) The term ``ground water'' means water in a 
        saturated zone or stratum beneath the surface of land 
        or water.
          (13) The term ``guarantor'' means any person, other 
        than the owner or operator, who provides evidence of 
        financial responsibility for an owner or operator under 
        this Act.
          (14) The term ``hazardous substance'' means (A) any 
        substance designated pursuant to section 311(b)(2)(A) 
        of the Federal Water Pollution Control Act, (B) any 
        element, compound, mixture, solution, or substance 
        designated pursuant to section 102 of this Act, (C) any 
        hazardous waste having the characteristics identified 
        under or listed pursuant to section 3001 of the Solid 
        Waste Disposal Act (but not including any waste the 
        regulation of which under the Solid Waste Disposal Act 
        has been suspended by Act of Congress), (D) any toxic 
        pollutant listed under section 307(a) of the Federal 
        Water Pollution Control Act, (E) any hazardous air 
        pollutant listed under section 112 of the Clean Air 
        Act, and (F) any imminently hazardous chemical 
        substance or mixture with respect to which the 
        Administrator has taken action pursuant to section 7 of 
        the Toxic Substances Control Act. The term does not 
        include petroleum, including crude oil or any fraction 
        thereof which is not otherwise specifically listed or 
        designated as a hazardous substance under subparagraphs 
        (A) through (F) of this paragraph, and the term does 
        not include natural gas, natural gas liquids, liquefied 
        natural gas, or synthetic gas usable for fuel (or 
        mixtures of natural gas and such synthetic gas).
          (15) The term ``navigable waters'' or ``navigable 
        waters of the United States'' means the waters of the 
        United States, including the territorial seas.
          (16) The term ``natural resources'' means land, fish, 
        wildlife, biota, air, water, ground water, drinking 
        water supplies, and other such resources belonging to, 
        managed by, held in trust by, appertaining to, or 
        otherwise controlled by the United States (including 
        the resources of the fishery conservation zone 
        established by the Fishery Conservation and Management 
        Act of 1976), any State, local government, or any 
        foreign government, any Indian tribe, or, if such 
        resources are subject to a trust restriction or 
        alienation, any member of an Indian tribe.
          (17) The term ``offshore facility'' means any 
        facility of any kind located in, on, or under, any of 
        the navigable waters of the United States, and any 
        facility of any kind which is subject to the 
        jurisdiction of the United States and is located in, 
        on, or under any other waters, other than a vessel or a 
        public vessel.
          (18) The term ``onshore facility'' means any facility 
        (including, but not limited to, motor vehicles and 
        rolling stock) of any kind located in, on, or under, 
        any land or nonnavigable waters within the United 
        States.
          (19) The term ``otherwise subject to the jurisdiction 
        of the United States'' means subject to the 
        jurisdiction of the United States by virtue of United 
        States citizenship, United States vessel documentation 
        or numbering, or as provided by international agreement 
        to which the United States is a party.
          (20)(A) The term ``owner or operator'' means (i) in 
        the case of a vessel, any person owning, operating, or 
        chartering by demise, such vessel, (ii) in the case of 
        an onshore facility or an offshore facility, any person 
        owning or operating such facility, and (iii) in the 
        case of any facility, title or control of which was 
        conveyed due to bankruptcy, foreclosure, tax 
        delinquency, abandonment, or similar means to a unit of 
        State or local government, any person who owned, 
        operated, or otherwise controlled activities at such 
        facility immediately beforehand. Such term does not 
        include a person, who, without participating in the 
        management of a vessel or facility, holds indicia of 
        ownership primarily to protect his security interest in 
        the vessel or facility.
          (B) In the case of a hazardous substance which has 
        been accepted for transportation by a common or 
        contract carrier and except as provided in section 
        107(a) (3) or (4) of this Act, (i) the term ``owner or 
        operator'' shall mean such common carrier or other bona 
        fide for hire carrier acting as an independent 
        contractor during such transportation, (ii) the shipper 
        of such hazardous substance shall not be considered to 
        have caused or contributed to any release during such 
        transportation which resulted solely from circumstances 
        or conditions beyond his control.
          (C) In the case of a hazardous substance which has 
        been delivered by a common or contract carrier to a 
        disposal or treatment facility and except as provided 
        in section 107(a) (3) or (4) (i) the term ``owner or 
        operator'' shall not include such common or contract 
        carrier, and (ii) such common or contract carrier shall 
        not be considered to have caused or contributed to any 
        release at such disposal or treatment facility 
        resulting from circumstances or conditions beyond its 
        control.
          (D) The term ``owner or operator'' does not include a 
        unit of State or local government which acquired 
        [ownership or control involuntarily through seizure or 
        otherwise in connection with law enforcement activity 
        through bankruptcy, tax delinquency, abandonment, or 
        other circumstances in which the government 
        involuntarily acquires title by virtue] ownership or 
        control through seizure or otherwise in connection with 
        law enforcement activity, or through bankruptcy, tax 
        delinquency, abandonment, or other circumstances in 
        which the government acquires title by virtue of its 
        function as sovereign. The exclusion provided under 
        this paragraph shall not apply to any State or local 
        government which has caused or contributed to the 
        release or threatened release of a hazardous substance 
        from the facility, and such a State or local government 
        shall be subject to the provisions of this Act in the 
        same manner and to the same extent, both procedurally 
        and substantively, as any nongovernmental entity, 
        including liability under section 107.
                  (E) Exclusion of lenders not participants in 
                management.--
                          (i) Indicia of ownership to protect 
                        security.--The term ``owner or 
                        operator'' does not include a person 
                        that is a lender that, without 
                        participating in the management of a 
                        vessel or facility, holds indicia of 
                        ownership primarily to protect the 
                        security interest of the person in the 
                        vessel or facility.
                          (ii) Foreclosure.--The term ``owner 
                        or operator'' does not include a person 
                        that is a lender that did not 
                        participate in management of a vessel 
                        or facility prior to foreclosure, 
                        notwithstanding that the person--
                                  (I) forecloses on the vessel 
                                or facility; and
                                  (II) after foreclosure, 
                                sells, re-leases (in the case 
                                of a lease finance 
                                transaction), or liquidates the 
                                vessel or facility, maintains 
                                business activities, winds up 
                                operations, undertakes a 
                                response action under section 
                                107(d)(1) or under the 
                                direction of an on-scene 
                                coordinator appointed under the 
                                National Contingency Plan, with 
                                respect to the vessel or 
                                facility, or takes any other 
                                measure to preserve, protect, 
                                or prepare the vessel or 
                                facility prior to sale or 
                                disposition,
                        if the person seeks to sell, re-lease 
                        (in the case of a lease finance 
                        transaction), or otherwise divest the 
                        person of the vessel or facility at the 
                        earliest practicable, commercially 
                        reasonable time, on commercially 
                        reasonable terms, taking into account 
                        market conditions and legal and 
                        regulatory requirements.
                  (F) Participation in management.--For 
                purposes of subparagraph (E)--
                          (i) the term ``participate in 
                        management''--
                                  (I) means actually 
                                participating in the management 
                                or operational affairs of a 
                                vessel or facility; and
                                  (II) does not include merely 
                                having the capacity to 
                                influence, or the unexercised 
                                right to control, vessel or 
                                facility operations;
                          (ii) a person that is a lender and 
                        that holds indicia of ownership 
                        primarily to protect a security 
                        interest in a vessel or facility shall 
                        be considered to participate in 
                        management only if, while the borrower 
                        is still in possession of the vessel or 
                        facility encumbered by the security 
                        interest, the person--
                                  (I) exercises decisionmaking 
                                control over the environmental 
                                compliance related to the 
                                vessel or facility, such that 
                                the person has undertaken 
                                responsibility for the 
                                hazardous substance handling or 
                                disposal practices related to 
                                the vessel or facility; or
                                  (II) exercises control at a 
                                level comparable to that of a 
                                manager of the vessel or 
                                facility, such that the person 
                                has assumed or manifested 
                                responsibility--
                                          (aa) for the overall 
                                        management of the 
                                        vessel or facility 
                                        encompassing day-to-day 
                                        decisionmaking with 
                                        respect to 
                                        environmental 
                                        compliance; or
                                          (bb) over all or 
                                        substantially all of 
                                        the operational 
                                        functions (as 
                                        distinguished from 
                                        financial or 
                                        administrative 
                                        functions) of the 
                                        vessel or facility 
                                        other than the function 
                                        of environmental 
                                        compliance;
                          (iii) the term ``participate in 
                        management'' does not include 
                        performing an act or failing to act 
                        prior to the time at which a security 
                        interest is created in a vessel or 
                        facility; and
                          (iv) the term ``participate in 
                        management'' does not include--
                                  (I) holding a security 
                                interest or abandoning or 
                                releasing a security interest;
                                  (II) including in the terms 
                                of an extension of credit, or 
                                in a contract or security 
                                agreement relating to the 
                                extension, a covenant, 
                                warranty, or other term or 
                                condition that relates to 
                                environmental compliance;
                                  (III) monitoring or enforcing 
                                the terms and conditions of the 
                                extension of credit or security 
                                interest;
                                  (IV) monitoring or 
                                undertaking 1 or more 
                                inspections of the vessel or 
                                facility;
                                  (V) requiring a response 
                                action or other lawful means of 
                                addressing the release or 
                                threatened release of a 
                                hazardous substance in 
                                connection with the vessel or 
                                facility prior to, during, or 
                                on the expiration of the term 
                                of the extension of credit;
                                  (VI) providing financial or 
                                other advice or counseling in 
                                an effort to mitigate, prevent, 
                                or cure default or diminution 
                                in the value of the vessel or 
                                facility;
                                  (VII) restructuring, 
                                renegotiating, or otherwise 
                                agreeing to alter the terms and 
                                conditions of the extension of 
                                credit or security interest, 
                                exercising forbearance;
                                  (VIII) exercising other 
                                remedies that may be available 
                                under applicable law for the 
                                breach of a term or condition 
                                of the extension of credit or 
                                security agreement; or
                                  (IX) conducting a response 
                                action under section 107(d) or 
                                under the direction of an on-
                                scene coordinator appointed 
                                under the National Contingency 
                                Plan,
                        if the actions do not rise to the level 
                        of participating in management (within 
                        the meaning of clauses (i) and (ii)).
                  (G) Other terms.--As used in this Act:
                          (i) Extension of credit.--The term 
                        ``extension of credit'' includes a 
                        lease finance transaction--
                                  (I) in which the lessor does 
                                not initially select the leased 
                                vessel or facility and does not 
                                during the lease term control 
                                the daily operations or 
                                maintenance of the vessel or 
                                facility; or
                                  (II) that conforms with 
                                regulations issued by the 
                                appropriate Federal banking 
                                agency or the appropriate State 
                                bank supervisor (as those terms 
                                are defined in section 3 of the 
                                Federal Deposit Insurance Act 
                                (12 U.S.C. 1813) or with 
                                regulations issued by the 
                                National Credit Union 
                                Administration Board, as 
                                appropriate.
                          (ii) Financial or administrative 
                        function.--The term ``financial or 
                        administrative function'' includes a 
                        function such as that of a credit 
                        manager, accounts payable officer, 
                        accounts receivable officer, personnel 
                        manager, comptroller, or chief 
                        financial officer, or a similar 
                        function.
                          (iii) Foreclosure; foreclose.--The 
                        terms ``foreclosure'' and ``foreclose'' 
                        mean, respectively, acquiring, and to 
                        acquire, a vessel or facility through--
                                  (I)(aa) purchase at sale 
                                under a judgment or decree, 
                                power of sale, or nonjudicial 
                                foreclosure sale;
                                  (bb) a deed in lieu of 
                                foreclosure, or similar 
                                conveyance from a trustee; or
                                  (cc) repossession,
                        if the vessel or facility was security 
                        for an extension of credit previously 
                        contracted;
                                  (II) conveyance pursuant to 
                                an extension of credit 
                                previously contracted, 
                                including the termination of a 
                                lease agreement; or
                                  (III) any other formal or 
                                informal manner by which the 
                                person acquires, for subsequent 
                                disposition, title to or 
                                possession of a vessel or 
                                facility in order to protect 
                                the security interest of the 
                                person.
                          (iv) Lender.--The term ``lender'' 
                        means--
                                  (I) an insured depository 
                                institution (as defined in 
                                section 3 of the Federal 
                                Deposit Insurance Act (12 
                                U.S.C. 1813));
                                  (II) an insured credit union 
                                (as defined in section 101 of 
                                the Federal Credit Union Act 
                                (12 U.S.C. 1752));
                                  (III) a bank or association 
                                chartered under the Farm Credit 
                                Act of 1971 (12 U.S.C. 2001 et 
                                seq.);
                                  (IV) a leasing or trust 
                                company that is an affiliate of 
                                an insured depository 
                                institution;
                                  (V) any person (including a 
                                successor or assignee of any 
                                such person) that makes a bona 
                                fide extension of credit to or 
                                takes or acquires a security 
                                interest from a nonaffiliated 
                                person;
                                  (VI) the Federal National 
                                Mortgage Association, the 
                                Federal Home Loan Mortgage 
                                Corporation, the Federal 
                                Agricultural Mortgage 
                                Corporation, or any other 
                                entity that in a bona fide 
                                manner buys or sells loans or 
                                interests in loans;
                                  (VII) a person that insures 
                                or guarantees against a default 
                                in the repayment of an 
                                extension of credit, or acts as 
                                a surety with respect to an 
                                extension of credit, to a 
                                nonaffiliated person; and
                                  (VIII) a person that provides 
                                title insurance and that 
                                acquires a vessel or facility 
                                as a result of assignment or 
                                conveyance in the course of 
                                underwriting claims and claims 
                                settlement.
                          (v) Operational function.--The term 
                        ``operational function'' includes a 
                        function such as that of a facility or 
                        plant manager, operations manager, 
                        chief operating officer, or chief 
                        executive officer.
                          (vi) Security interest.--The term 
                        ``security interest'' includes a right 
                        under a mortgage, deed of trust, 
                        assignment, judgment lien, pledge, 
                        security agreement, factoring 
                        agreement, or lease and any other right 
                        accruing to a person to secure the 
                        repayment of money, the performance of 
                        a duty, or any other obligation by a 
                        nonaffiliated person.
          (21) The term ``person'' means an individual, firm, 
        corporation, association, partnership, consortium, 
        joint venture, commercial entity, United States 
        Government, State, municipality, commission, political 
        subdivision of a State, or any interstate body.
          (22) The term ``release'' means any spilling, 
        leaking, pumping, pouring, emitting, emptying, 
        discharging, injecting, escaping, leaching, dumping, or 
        disposing into the environment (including the 
        abandonment or discarding of barrels, containers, and 
        other closed receptacles containing any hazardous 
        substance or pollutant or contaminant), but excludes 
        (A) any release which results in exposure to persons 
        solely within a workplace, with respect to a claim 
        which such persons may assert against the employer of 
        such persons, (B) emissions from the engine exhaust of 
        a motor vehicle, rolling stock, aircraft, vessel, or 
        pipeline pumping station engine, (C) release of source, 
        byproduct, or special nuclear material from a nuclear 
        incident, as those terms are defined in the Atomic 
        Energy Act of 1954, if such release is subject to 
        requirements with respect to financial protection 
        established by the Nuclear Regulatory Commission under 
        section 170 of such Act, or, for the purposes of 
        section 104 of this title or any other response action, 
        any release of source byproduct, or special nuclear 
        material from any processing site designated under 
        section 102(a)(1) or 302(a) of the Uranium Mill 
        Tailings Radiation Control Act of 1978, and (D) the 
        normal application of fertilizer.
          (23) The terms``remove'' or ``removal'' means the 
        cleanup or removal of released hazardous substances 
        from the environment, such actions as may be necessary 
        taken in the event of the threat of release of 
        hazardous substances into the environment, such actions 
        as may be necessary to monitor, assess, and evaluate 
        the release or threat of release of hazardous 
        substances, the disposal of removed material, or the 
        taking of such other actions as may be necessary to 
        prevent, minimize, or mitigate damage to the public 
        health or welfare or to the environment, which may 
        otherwise result from a release or threat of release. 
        The term includes, in addition, without being limited 
        to, security fencing or other measures to limit access, 
        provision of alternative water supplies, temporary 
        evacuation and housing of threatened individuals not 
        otherwise provided for, action taken under section 
        104(b) of this Act, and any emergency assistance which 
        may be provided under the Disaster Relief and Emergency 
        Assistance Act.
          (24) The terms``remedy'' or ``remedial action'' means 
        those actions consistent with permanent remedy taken 
        instead of or in addition to removal actions in the 
        event of a release or threatened release of a hazardous 
        substance into the environment, to prevent or minimize 
        the release of hazardous substances so that they do not 
        migrate to cause substantial danger to present or 
        future public health or welfare or the environment. The 
        term includes, but is not limited to, such actions at 
        the location of the release as storage, confinement, 
        perimeter protection using dikes, trenches, or ditches, 
        clay cover, neutralization, cleanup of released 
        hazardous substances and associated contaminated 
        materials, recycling or reuse, diversion, destruction, 
        segregation of reactive wastes, dredging or 
        excavations, repair or replacement of leaking 
        containers, collection of leachate and runoff, onsite 
        treatment or incineration, provision of alternative 
        water supplies, and any monitoring reasonably required 
        to assure that such actions protect the public health 
        and welfare and the environment. The term includes the 
        costs of permanent relocation of residents and 
        businesses and community facilities where the President 
        determines that, alone or in combination with other 
        measures, such relocation is more cost-effective than 
        and environmentally preferable to the transportation, 
        storage, treatment, destruction, or secure disposition 
        offsite of hazardous substances, or may otherwise be 
        necessary to protect the public health or welfare; the 
        term includes offsite transport and offsite storage, 
        treatment, destruction, or secure disposition of 
        hazardous substances and associated contaminated 
        materials.
          (25) The terms``respond'' or ``response'' means 
        remove, removal, remedy, and remedial action;, all such 
        terms (including the terms ``removal'' and ``remedial 
        action'') include enforcement activities related 
        thereto.
          (26) The terms``transport'' or ``transportation'' 
        means the movement of a hazardous substance by any 
        mode, including a hazardous liquid pipeline facility 
        (as defined in section 60101(a) of title 49, United 
        States Code), and in the case of a hazardous substance 
        which has been accepted for transportation by a common 
        or contract carrier, the term ``transport'' or 
        ``transportation'' shall include any stoppage in 
        transit which is temporary, incidental to the 
        transportation movement, and at the ordinary operating 
        convenience of a common or contract carrier, and any 
        such stoppage shall be considered as a continuity of 
        movement and not as the storage of a hazardous 
        substance.
          (27) The terms ``United States'' and ``State'' 
        include the several States of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the United States Virgin Islands, 
        the Commonwealth of the Northern Marianas, and any 
        other territory or possession over which the United 
        States has jurisdiction.
          (28) The term ``vessel'' means every description of 
        watercraft or other artificial contrivance used, or 
        capable of being used, as a means of transportation on 
        water.
          (29) The terms ``disposal'', ``hazardous waste'', and 
        ``treatment'' shall have the meaning provided in 
        section 1004 of the Solid Waste Disposal Act.
          (30) The terms ``territorial sea'' and ``contiguous 
        zone'' shall have the meaning provided in section 502 
        of the Federal Water Pollution Control Act.
          (31) The term ``national contingency plan'' means the 
        national contingency plan published under section 
        311(c) of the Federal Water Pollution Control Act or 
        revised pursuant to section 105 of this Act.
          (32) The terms``liable'' or ``liability'' under this 
        title shall be construed to be the standard of 
        liability which obtains under section 311 of the 
        Federal Water Pollution Control Act.
          (33) The term ``pollutant or contaminant'' shall 
        include, but not be limited to, any element, substance, 
        compound, or mixture, including disease-causing agents, 
        which after release into the environment and upon 
        exposure, ingestion, inhalation, or assimilation into 
        any organism, either directly from the environment or 
        indirectly by ingestion through food chains, will or 
        may reasonably be anticipated to cause death, disease, 
        behavioral abnormalities, cancer, genetic mutation, 
        physiological malfunctions (including malfunctions in 
        reproduction) or physical deformations, in such 
        organisms or their offspring; except that the term 
        ``pollutant or contaminant'' shall not include 
        petroleum, including crude oil or any fraction thereof 
        which is not otherwise specifically listed or 
        designated as a hazardous substance under subparagraphs 
        (A) through (F) of paragraph (14) and shall not include 
        natural gas, liquefied natural gas, or synthetic gas of 
        pipeline quality (or mixtures of natural gas and such 
        synthetic gas).
          (34) The term ``alternative water supplies'' 
        includes, but is not limited to, drinking water and 
        household water supplies.
          (35)(A) The term ``contractual relationship'', for 
        the purpose of section 107(b)(3) includes, but is not 
        limited to, land contracts, deeds, easements, leases, 
        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 the defendant has 
        satisfied the requirements of section 107(b)(3) (a) and 
        (b), provides full cooperation, assistance, and 
        facility access to the persons that are authorized to 
        conduct response actions at the facility (including the 
        cooperation and access necessary for the installation, 
        integrity, operation, and maintenance of any complete 
        or partial response action at the facility), is in 
        compliance with any land use restrictions established 
        or relied on in connection with the response action at 
        a facility, and does not impede the effectiveness or 
        integrity of any institutional control employed at the 
        facility in connection with a response action.
                  (B) Reason to know.--
                          (i) All appropriate inquiries.--To 
                        establish that the defendant had no 
                        reason to know of the matter described 
                        in subparagraph (A)(i), the defendant 
                        must demonstrate to a court that--
                                  (I) on or before the date on 
                                which the defendant acquired 
                                the facility, the defendant 
                                carried out all appropriate 
                                inquiries, as provided in 
                                clauses (ii) and (iv), into the 
                                previous ownership and uses of 
                                the facility in accordance with 
                                generally accepted good 
                                commercial and customary 
                                standards and practices; and
                                  (II) the defendant took 
                                reasonable steps to--
                                          (aa) stop any 
                                        continuing release;
                                          (bb) prevent any 
                                        threatened future 
                                        release; and
                                          (cc) prevent or limit 
                                        any human, 
                                        environmental, or 
                                        natural resource 
                                        exposure to any 
                                        previously released 
                                        hazardous substance.
                          (ii) Standards and practices.--Not 
                        later than 2 years after the date of 
                        the enactment of the Brownfields 
                        Revitalization and Environmental 
                        Restoration Act of 2001, the 
                        Administrator shall by regulation 
                        establish standards and practices for 
                        the purpose of satisfying the 
                        requirement to carry out all 
                        appropriate inquiries under clause (i).
                          (iii) Criteria.--In promulgating 
                        regulations that establish the 
                        standards and practices referred to in 
                        clause (ii), the Administrator shall 
                        include each of the following:
                                  (I) The results of an inquiry 
                                by an environmental 
                                professional.
                                  (II) Interviews with past and 
                                present owners, operators, and 
                                occupants of the facility for 
                                the purpose of gathering 
                                information regarding the 
                                potential for contamination at 
                                the facility.
                                  (III) Reviews of historical 
                                sources, such as chain of title 
                                documents, aerial photographs, 
                                building department records, 
                                and land use records, to 
                                determine previous uses and 
                                occupancies of the real 
                                property since the property was 
                                first developed.
                                  (IV) Searches for recorded 
                                environmental cleanup liens 
                                against the facility that are 
                                filed under Federal, State, or 
                                local law.
                                  (V) Reviews of Federal, 
                                State, and local government 
                                records, waste disposal 
                                records, underground storage 
                                tank records, and hazardous 
                                waste handling, generation, 
                                treatment, disposal, and spill 
                                records, concerning 
                                contamination at or near the 
                                facility.
                                  (VI) Visual inspections of 
                                the facility and of adjoining 
                                properties.
                                  (VII) Specialized knowledge 
                                or experience on the part of 
                                the defendant.
                                  (VIII) The relationship of 
                                the purchase price to the value 
                                of the property, if the 
                                property was not contaminated.
                                  (IX) Commonly known or 
                                reasonably ascertainable 
                                information about the property.
                                  (X) The degree of obviousness 
                                of the presence or likely 
                                presence of contamination at 
                                the property, and the ability 
                                to detect the contamination by 
                                appropriate investigation.
                          (iv) Interim standards and 
                        practices.--
                                  (I) Property purchased before 
                                may 31, 1997.--With respect to 
                                property purchased before May 
                                31, 1997, in making a 
                                determination with respect to a 
                                defendant described in clause 
                                (i), a court shall take into 
                                account--
                                          (aa) any specialized 
                                        knowledge or experience 
                                        on the part of the 
                                        defendant;
                                          (bb) the relationship 
                                        of the purchase price 
                                        to the value of the 
                                        property, if the 
                                        property was not 
                                        contaminated;
                                          (cc) commonly known 
                                        or reasonably 
                                        ascertainable 
                                        information about the 
                                        property;
                                          (dd) the obviousness 
                                        of the presence or 
                                        likely presence of 
                                        contamination at the 
                                        property; and
                                          (ee) the ability of 
                                        the defendant to detect 
                                        the contamination by 
                                        appropriate inspection.
                                  (II) Property purchased on or 
                                after may 31, 1997.--With 
                                respect to property purchased 
                                on or after May 31, 1997, and 
                                until the Administrator 
                                promulgates the regulations 
                                described in clause (ii), the 
                                procedures of the American 
                                Society for Testing and 
                                Materials, including the 
                                document known as ``Standard 
                                E1527-97'', entitled ``Standard 
                                Practice for Environmental Site 
                                Assessment: Phase 1 
                                Environmental Site Assessment 
                                Process'', shall satisfy the 
                                requirements in clause (i).
                          (v) Site inspection and title 
                        search.--In the case of property for 
                        residential use or other similar use 
                        purchased by a nongovernmental or 
                        noncommercial entity, a facility 
                        inspection and title search that reveal 
                        no basis for further investigation 
                        shall be considered to satisfy the 
                        requirements of this subparagraph.
          (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.
          (36) The term ``Indian tribe'' means any Indian 
        tribe, band, nation, or other organized group or 
        community, including any Alaska Native village but not 
        including any Alaska Native regional or village 
        corporation, which is recognized as eligible for the 
        special programs and services provided by the United 
        States to Indians because of their status as Indians.
          (37)(A) The term ``service station dealer'' means any 
        person--
                  (i) who owns or operates a motor vehicle 
                service station, filling station, garage, or 
                similar retail establishment engaged in the 
                business of selling, repairing, or servicing 
                motor vehicles, where a significant percentage 
                of the gross revenue of the establishment is 
                derived from the fueling, repairing, or 
                servicing of motor vehicles, and
                  (ii) who accepts for collection, 
                accumulation, and delivery to an oil recycling 
                facility, recycled oil that (I) has been 
                removed from the engine of a light duty motor 
                vehicle or household appliances by the owner of 
                such vehicle or appliances, and (II) is 
                presented, by such owner, to such person for 
                collection, accumulation, and delivery to an 
                oil recycling facility.
          (B) For purposes of section 114(c), the term 
        ``service station dealer'' shall, notwithstanding the 
        provisions of subparagraph (A), include any government 
        agency that establishes a facility solely for the 
        purpose of accepting recycled oil that satisfies the 
        criteria set forth in subclauses (I) and (II) of 
        subparagraph (A)(ii), and, with respect to recycled oil 
        that satisfies the criteria set forth in subclauses (I) 
        and (II), owners or operators of refuse collection 
        services who are compelled by State law to collect, 
        accumulate, and deliver such oil to an oil recycling 
        facility.
          (C) The President shall promulgate regulations 
        regarding the determination of what constitutes a 
        significant percentage of the gross revenues of an 
        establishment for purposes of this paragraph.
          (38) The term ``incineration vessel'' means any 
        vessel which carries hazardous substances for the 
        purpose of incineration of such substances, so long as 
        such substances or residues of such substances are on 
        board.
          (39) Brownfield site.--
                  (A) In general.--The term ``brownfield site'' 
                means real property, the expansion, 
                redevelopment, or reuse of which may be 
                complicated by the presence or potential 
                presence of a hazardous substance, pollutant, 
                or contaminant.
                  (B) Exclusions.--The term ``brownfield site'' 
                does not include--
                          (i) a facility that is the subject of 
                        a planned or ongoing removal action 
                        under this title;
                          (ii) a facility that is listed on the 
                        National Priorities List or is proposed 
                        for listing;
                          (iii) a facility that is the subject 
                        of a unilateral administrative order, a 
                        court order, an administrative order on 
                        consent or judicial consent decree that 
                        has been issued to or entered into by 
                        the parties under this Act;
                          (iv) a facility that is the subject 
                        of a unilateral administrative order, a 
                        court order, an administrative order on 
                        consent or judicial consent decree that 
                        has been issued to or entered into by 
                        the parties, or a facility to which a 
                        permit has been issued by the United 
                        States or an authorized State under the 
                        Solid Waste Disposal Act (42 U.S.C. 
                        6901 et seq.), the Federal Water 
                        Pollution Control Act (33 U.S.C. 1321), 
                        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.);
                          (v) a facility that--
                                  (I) is subject to corrective 
                                action under section 3004(u) or 
                                3008(h) of the Solid Waste 
                                Disposal Act (42 U.S.C. 
                                6924(u), 6928(h)); and
                                  (II) to which a corrective 
                                action permit or order has been 
                                issued or modified to require 
                                the implementation of 
                                corrective measures;
                          (vi) a land disposal unit with 
                        respect to which--
                                  (I) a closure notification 
                                under subtitle C of the Solid 
                                Waste Disposal Act (42 U.S.C. 
                                6921 et seq.) has been 
                                submitted; and
                                  (II) closure requirements 
                                have been specified in a 
                                closure plan or permit;
                          (vii) a facility that is subject to 
                        the jurisdiction, custody, or control 
                        of a department, agency, or 
                        instrumentality of the United States, 
                        except for land held in trust by the 
                        United States for an Indian tribe;
                          (viii) a portion of a facility--
                                  (I) at which there has been a 
                                release of polychlorinated 
                                biphenyls; and
                                  (II) that is subject to 
                                remediation under the Toxic 
                                Substances Control Act (15 
                                U.S.C. 2601 et seq.); or
                          (ix) a portion of a facility, for 
                        which portion, 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.
                  (C) Site-by-site determinations.--
                Notwithstanding subparagraph (B) and on a site-
                by-site basis, the President may authorize 
                financial assistance under section 104(k) to an 
                eligible entity at a site included in clause 
                (i), (iv), (v), (vi), (viii), or (ix) of 
                subparagraph (B) if the President finds that 
                financial assistance will protect human health 
                and the environment, and either promote 
                economic development or enable the creation of, 
                preservation of, or addition to parks, 
                greenways, undeveloped property, other 
                recreational property, or other property used 
                for nonprofit purposes.
                  (D) Additional areas.--For the purposes of 
                section 104(k), the term ``brownfield site'' 
                includes a site that--
                          (i) meets the definition of 
                        ``brownfield site'' under subparagraphs 
                        (A) through (C); and
                          (ii)(I) is contaminated by a 
                        controlled substance (as defined in 
                        section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802));
                          (II)(aa) is contaminated by petroleum 
                        or a petroleum product excluded from 
                        the definition of ``hazardous 
                        substance'' under section 101; and
                          [(bb) is a site determined by the 
                        Administrator or the State, as 
                        appropriate, to be--
                                  [(AA) of relatively low risk, 
                                as compared with other 
                                petroleum-only sites in the 
                                State; and
                                  [(BB) a site for which there 
                                is no viable responsible party 
                                and which will be assessed, 
                                investigated, or cleaned up by 
                                a person that is not 
                                potentially liable for cleaning 
                                up the site; and]
                          (bb) is a site for which there is no 
                        viable responsible party and that is 
                        determined by the Administrator or the 
                        State, as appropriate, to be a site 
                        that will be assessed, investigated, or 
                        cleaned up by a person that is not 
                        potentially liable for cleaning up the 
                        site under this Act or any other law 
                        pertaining to the cleanup of petroleum 
                        products; and
                          (cc) is not subject to any order 
                        issued under section 9003(h) of the 
                        Solid Waste Disposal Act (42 U.S.C. 
                        6991b(h)); or
                          (III) is mine-scarred land.
          (40) Bona fide prospective purchaser.--The term 
        ``bona fide prospective purchaser'' means a person [(or 
        a tenant of a person) that acquires ownership of] who 
        acquires ownership of, or a leasehold interest in, a 
        facility after the date of the enactment of this 
        paragraph and that establishes each of the following by 
        a preponderance of the evidence:
                  (A) Disposal prior to acquisition.--All 
                disposal of hazardous substances at the 
                facility occurred before the person acquired 
                the facility or the leasehold interest in the 
                facility.
                  (B) Inquiries.--
                          (i) In general.--The person made all 
                        appropriate inquiries into the previous 
                        ownership and uses of the facility in 
                        accordance with generally accepted good 
                        commercial and customary standards and 
                        practices in accordance with clauses 
                        (ii) and (iii).
                          (ii) Standards and practices.--The 
                        standards and practices referred to in 
                        clauses (ii) and (iv) of paragraph 
                        (35)(B) shall be considered to satisfy 
                        the requirements of this subparagraph 
                        with respect to a person who acquires 
                        ownership of a facility. The 
                        Administrator shall establish standards 
                        and practices with respect to a person 
                        who acquires a leasehold interest in a 
                        facility.
                          (iii) Residential use.--In the case 
                        of property in residential or other 
                        similar use at the time of purchase, or 
                        acquisition of a leasehold interest, by 
                        a nongovernmental or noncommercial 
                        entity, a facility inspection and title 
                        search that reveal no basis for further 
                        investigation shall be considered to 
                        satisfy the requirements of this 
                        subparagraph.
                  (C) Notices.--The person provides all legally 
                required notices with respect to the discovery 
                or release of any hazardous substances at the 
                facility.
                  (D) Care.--The person exercises appropriate 
                care with respect to hazardous substances found 
                at the facility by taking reasonable steps to--
                          (i) stop any continuing release;
                          (ii) prevent any threatened future 
                        release; and
                          (iii) prevent or limit human, 
                        environmental, or natural resource 
                        exposure to any previously released 
                        hazardous substance.
                  (E) Cooperation, assistance, and access.--The 
                person provides full cooperation, assistance, 
                and access to persons that are authorized to 
                conduct response actions or natural resource 
                restoration at a vessel or facility (including 
                the cooperation and access necessary for the 
                installation, integrity, operation, and 
                maintenance of any complete or partial response 
                actions or natural resource restoration at the 
                vessel or facility).
                  (F) Institutional control.--The person--
                          (i) is in compliance with any land 
                        use restrictions established or relied 
                        on in connection with the response 
                        action at a vessel or facility; and
                          (ii) does not impede the 
                        effectiveness or integrity of any 
                        institutional control employed at the 
                        vessel or facility in connection with a 
                        response action.
                  (G) Requests; subpoenas.--The person complies 
                with any request for information or 
                administrative subpoena issued by the President 
                under this Act.
                  (H) No affiliation.--The person is not--
                          (i) potentially liable, or affiliated 
                        with any other person that is 
                        potentially liable, for response costs 
                        at a facility through--
                                  (I) any direct or indirect 
                                familial relationship; or
                                  (II) any contractual, 
                                corporate, or financial 
                                relationship (other than a 
                                contractual, corporate, or 
                                financial relationship that is 
                                created by the instruments by 
                                which title to the facility is 
                                conveyed or financed, by the 
                                instruments by which the 
                                leasehold interest in the 
                                facility is acquired after 
                                January 11, 2002, or by a 
                                contract for the sale of goods 
                                or services); or
                          (ii) the result of a reorganization 
                        of a business entity that was 
                        potentially liable.
                  (I) Leaseholders.--In the case of a person 
                holding a leasehold interest in a facility--
                          (i) the leasehold interest in the 
                        facility--
                                  (I) is for a term of not less 
                                than 10 years; and
                                  (II) grants the person 
                                control of, and access to, the 
                                facility; and
                          (ii) the person is responsible for 
                        the management of all hazardous 
                        substances at the facility.
          (41) Eligible response site.--
                  (A) In general.--The term ``eligible response 
                site'' means a site that meets the definition 
                of a brownfield site in subparagraphs (A) and 
                (B) of paragraph (39), as modified by 
                subparagraphs (B) and (C) of this paragraph.
                  (B) Inclusions.--The term ``eligible response 
                site'' includes--
                          (i) notwithstanding paragraph 
                        (39)(B)(ix), a portion of a facility, 
                        for which portion 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; or
                          (ii) a site for which, 
                        notwithstanding the exclusions provided 
                        in subparagraph (C) or paragraph 
                        (39)(B), the President determines, on a 
                        site-by-site basis and after 
                        consultation with the State, that 
                        limitations on enforcement under 
                        section 128 at sites specified in 
                        clause (iv), (v), (vi) or (viii) of 
                        paragraph (39)(B) would be appropriate 
                        and will--
                                  (I) protect human health and 
                                the environment; and
                                  (II) promote economic 
                                development or facilitate the 
                                creation of, preservation of, 
                                or addition to a park, a 
                                greenway, undeveloped property, 
                                recreational property, or other 
                                property used for nonprofit 
                                purposes.
                  (C) Exclusions.--The term ``eligible response 
                site'' does not include--
                          (i) a facility for which the 
                        President--
                                  (I) conducts or has conducted 
                                a preliminary assessment or 
                                site inspection; and
                                  (II) after consultation with 
                                the State, determines or has 
                                determined that the site 
                                obtains a preliminary score 
                                sufficient for possible listing 
                                on the National Priorities 
                                List, or that the site 
                                otherwise qualifies for listing 
                                on the National Priorities 
                                List; unless the President has 
                                made a determination that no 
                                further Federal action will be 
                                taken; or
                          (ii) facilities that the President 
                        determines warrant particular 
                        consideration as identified by 
                        regulation, such as sites posing a 
                        threat to a sole-source drinking water 
                        aquifer or a sensitive ecosystem.

           *       *       *       *       *       *       *


                          response authorities

  Sec. 104. (a)(1) Whenever (A) any hazardous substance is 
released or there is a substantial threat of such a release 
into the environment, or (B) there is a release or substantial 
threat of release into the environment of any pollutant or 
contaminant which may present an imminent and substantial 
danger to the public health or welfare, the President is 
authorized to act, consistent with the national contingency 
plan, to remove or arrange for the removal of, and provide for 
remedial action relating to such hazardous substance, 
pollutant, or contaminant at any time (including its removal 
from any contaminated natural resource), or take any other 
response measure consistent with the national contingency plan 
which the President deems necessary to protect the public 
health or welfare or the environment. When the President 
determines that such action will be done properly and promptly 
by the owner or operator of the facility or vessel or by any 
other responsible party, the President may allow such person to 
carry out the action, conduct the remedial investigation, or 
conduct the feasibility study in accordance with section 122. 
No remedial investigation or feasibility study (RI/FS) shall be 
authorized except on a determination by the President that the 
party is qualified to conduct the RI/FS and only if the 
President contracts with or arranges for a qualified person to 
assist the President in overseeing and reviewing the conduct of 
such RI/FS and if the responsible party agrees to reimburse the 
Fund for any cost incurred by the President under, or in 
connection with, the oversight contract or arrangement. In no 
event shall a potentially responsible party be subject to a 
lesser standard of liability, receive preferential treatment, 
or in any other way, whether direct or indirect, benefit from 
any such arrangements as a response action contractor, or as a 
person hired or retained by such a response action contractor, 
with respect to the release or facility in question. The 
President shall give primary attention to those releases which 
the President deems may present a public health threat.
  (2) Removal Action.--Any removal action undertaken by the 
President under this subsection (or by any other person 
referred to in section 122) should, to the extent the President 
deems practicable, contribute to the efficient performance of 
any long term remedial action with respect to the release or 
threatened release concerned.
  (3) Limitations on Response.--The President shall not provide 
for a removal or remedial action under this section in response 
to a release or threat of release--
          (A) of a naturally occurring substance in its 
        unaltered form, or altered solely through naturally 
        occurring processes or phenomena, from a location where 
        it is naturally found;
          (B) from products which are part of the structure of, 
        and result in exposure within, residential buildings or 
        business or community structures; or
          (C) into public or private drinking water supplies 
        due to deterioration of the system through ordinary 
        use.
  (4) Exception to Limitations.--Notwithstanding paragraph (3) 
of this subsection, to the extent authorized by this section, 
the President may respond to any release or threat of release 
if in the President's discretion, it constitutes a public 
health or environmental emergency and no other person with the 
authority and capability to respond to the emergency will do so 
in a timely manner.
  (b)(1) Information; Studies and Investigations.--Whenever the 
President is authorized to act pursuant to subsection (a) of 
this section, or whenever the President has reason to believe 
that a release has occurred or is about to occur, or that 
illness, disease, or complaints thereof may be attributable to 
exposure to a hazardous substance, pollutant, or contaminant 
and that a release may have occurred or be occurring, he may 
undertake such investigations, monitoring, surveys, testing, 
and other information gathering as he may deem necessary or 
appropriate to identify the existence and extent of the release 
or threat thereof, the source and nature of the hazardous 
substances, pollutants or contaminants involved, and the extent 
of danger to the public health or welfare or to the 
environment. In addition, the President may undertake such 
planning, legal, fiscal, economic, engineering, architectural, 
and other studies or investigations as he may deem necessary or 
appropriate to plan and direct response actions, to recover the 
costs thereof, and to enforce the provisions of this Act.
  (2) Coordination of Investigations.--The President shall 
promptly notify the appropriate Federal and State natural 
resource trustees of potential damages to natural resources 
resulting from releases under investigation pursuant to this 
section and shall seek to coordinate the assessments, 
investigations, and planning under this section with such 
Federal and State trustees.
  (c)(1) Unless (A) the President finds that (i) continued 
response actions are immediately required to prevent, limit, or 
mitigate an emergency, (ii) there is an immediate risk to 
public health or welfare or the environment, and (iii) such 
assistance will not otherwise be provided on a timely basis, or 
(B) the President has determined the appropriate remedial 
actions pursuant to paragraph (2) of this subsection and the 
State or States in which the source of the release is located 
have complied with the requirements of paragraph (3) of this 
subsection, or (C) continued response action is otherwise 
appropriate and consistent with the remedial action to be taken 
obligations from the Fund, other than those authorized by 
subsection (b) of this section, shall not continue after 
$2,000,000 has been obligated for response actions or 12 months 
has elapsed from the date of initial response to a release or 
threatened release of hazardous substances.
  (2) The President shall consult with the affected State or 
States before determining any appropriate remedial action to be 
taken pursuant to the authority granted under subsection (a) of 
this section.
  (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.
  (4) Selection of Remedial Action.--The President shall select 
remedial actions to carry out this section in accordance with 
section 121 of this Act (relating to cleanup standards).
  (5) State Credits.--
          (A) Granting of credit.--The President shall grant a 
        State a credit against the share of the costs, for 
        which it is responsible under paragraph (3) with 
        respect to a facility listed on the National Priorities 
        List under the National Contingency Plan, for amounts 
        expended by a State for remedial action at such 
        facility pursuant to a contract or cooperative 
        agreement with the President. The credit under this 
        paragraph shall be limited to those State expenses 
        which the President determines to be reasonable, 
        documented, direct out-of-pocket expenditures of non-
        Federal funds.
          (B) Expenses before listing or agreement.--The credit 
        under this paragraph shall include expenses for 
        remedial action at a facility incurred before the 
        listing of the facility on the National Priorities List 
        or before a contract or cooperative agreement is 
        entered into under subsection (d) for the facility if--
                  (i) after such expenses are incurred the 
                facility is listed on such list and a contract 
                or cooperative agreement is entered into for 
                the facility, and
                  (ii) the President determines that such 
                expenses would have been credited to the State 
                under subparagraph (A) had the expenditures 
                been made after listing of the facility on such 
                list and after the date on which such contract 
                or cooperative agreement is entered into.
          (C) Response actions between 1978 and 1980.--The 
        credit under this paragraph shall include funds 
        expended or obligated by the State or a political 
        subdivision thereof after January 1, 1978, and before 
        December 11, 1980, for cost-eligible response actions 
        and claims for damages compensable under section 111.
          (D) State expenses after december 11, 1980, in excess 
        of 10 percent of costs.--The credit under this 
        paragraph shall include 90 percent of State expenses 
        incurred at a facility owned, but not operated, by such 
        State or by a political subdivision thereof. Such 
        credit applies only to expenses incurred pursuant to a 
        contract or cooperative agreement under subsection (d) 
        and only to expenses incurred after December 11, 1980, 
        but before the date of the enactment of this paragraph.
          (E) Item-by-item approval.--In the case of 
        expenditures made after the date of the enactment of 
        this paragraph, the President may require prior 
        approval of each item of expenditure as a condition of 
        granting a credit under this paragraph.
          (F) Use of credits.--Credits granted under this 
        paragraph for funds expended with respect to a facility 
        may be used by the State to reduce all or part of the 
        share of costs otherwise required to be paid by the 
        State under paragraph (3) in connection with remedial 
        actions at such facility. If the amount of funds for 
        which credit is allowed under this paragraph exceeds 
        such share of costs for such facility, the State may 
        use the amount of such excess to reduce all or part of 
        the share of such costs at other facilities in that 
        State. A credit shall not entitle the State to any 
        direct payment.
  (6) Operation and Maintenance.--For the purposes of paragraph 
(3) of this subsection, in the case of ground or surface water 
contamination, completed remedial action includes the 
completion of treatment or other measures, whether taken onsite 
or offsite, necessary to restore ground and surface water 
quality to a level that assures protection of human health and 
the environment. With respect to such measures, the operation 
of such measures for a period of up to 10 years after the 
construction or installation and commencement of operation 
shall be considered remedial action. Activities required to 
maintain the effectiveness of such measures following such 
period or the completion of remedial action, whichever is 
earlier, shall be considered operation or maintenance.
  (7) Limitation on Source of Funds for O&M.--During any period 
after the availability of funds received by the Hazardous 
Substance Superfund established under subchapter A of chapter 
98 of the Internal Revenue Code of 1954 from tax revenues or 
appropriations from general revenues, the Federal share of the 
payment of the cost of operation or maintenance pursuant to 
paragraph (3)(C)(i) or paragraph (6) of this subsection 
(relating to operation and maintenance) shall be from funds 
received by the Hazardous Substance Superfund from amounts 
recovered on behalf of such fund under this Act.
  (8) Recontracting.--The President is authorized to undertake 
or continue whatever interim remedial actions the President 
determines to be appropriate to reduce risks to public health 
or the environment where the performance of a complete remedial 
action requires recontracting because of the discovery of 
sources, types, or quantities of hazardous substances not known 
at the time of entry into the original contract. The total cost 
of interim actions undertaken at a facility pursuant to this 
paragraph shall not exceed $2,000,000.
  (9) Siting.--Effective 3 years after the enactment of the 
Superfund Amendments and Reauthorization Act of 1986, 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 the State will assure the availability of hazardous waste 
treatment or disposal facilities which--
          (A) have adequate capacity for the destruction, 
        treatment, or secure disposition of all hazardous 
        wastes that are reasonably expected to be generated 
        within the State during the 20-year period following 
        the date of such contract or cooperative agreement and 
        to be disposed of, treated, or destroyed,
          (B) are within the State or outside the State in 
        accordance with an interstate agreement or regional 
        agreement or authority,
          (C) are acceptable to the President, and
          (D) are in compliance with the requirements of 
        subtitle C of the Solid Waste Disposal Act.
  (d)(1) Cooperative Agreements.--
          (A) State applications.--A State or political 
        subdivision thereof or Indian tribe may apply to the 
        President to carry out actions authorized in this 
        section. If the President determines that the State or 
        political subdivision or Indian tribe has the 
        capability to carry out any or all of such actions in 
        accordance with the criteria and priorities established 
        pursuant to section 105(a)(8) and to carry out related 
        enforcement actions, the President may enter into a 
        contract or cooperative agreement with the State or 
        political subdivision or Indian tribe to carry out such 
        actions. The President shall make a determination 
        regarding such an application within 90 days after the 
        President receives the application.
          (B) Terms and conditions.--A contract or cooperative 
        agreement under this paragraph shall be subject to such 
        terms and conditions as the President may prescribe. 
        The contract or cooperative agreement may cover a 
        specific facility or specific facilities.
          (C) Reimbursements.--Any State which expended funds 
        during the period beginning September 30, 1985, and 
        ending on the date of the enactment of this 
        subparagraph for response actions at any site included 
        on the National Priorities List and subject to a 
        cooperative agreement under this Act shall be 
        reimbursed for the share of costs of such actions for 
        which the Federal Government is responsible under this 
        Act.
  (2) If the President enters into a cost-sharing agreement 
pursuant to subsection (c) of this section or a contract or 
cooperative agreement pursuant to this subsection, and the 
State or political subdivision thereof fails to comply with any 
requirements of the contract, the President may, after 
providing sixty days notice, seek in the appropriate Federal 
district court to enforce the contract or to recover any funds 
advanced or any costs incurred because of the breach of the 
contract by the State or political subdivision.
  (3) Where a State or a political subdivision thereof is 
acting in behalf of the President, the President is authorized 
to provide technical and legal assistance in the administration 
and enforcement of any contract or subcontract in connection 
with response actions assisted under this title, and to 
intervene in any civil action involving the enforcement of such 
contract or subcontract.
  (4) Where two or more noncontiguous facilities are reasonably 
related on the basis of geography, or on the basis of the 
threat, or potential threat to the public health or welfare or 
the environment, the President may, in his discretion, treat 
these related facilities as one for purposes of this section.
  (e) Information Gathering and Access.--
          (1) Action authorized.--Any officer, employee, or 
        representative of the President, duly designated by the 
        President, is authorized to take action under paragraph 
        (2), (3), or (4) (or any combination thereof) at a 
        vessel, facility, establishment, place, property, or 
        location or, in the case of paragraph (3) or (4), at 
        any vessel, facility, establishment, place, property, 
        or location which is adjacent to the vessel, facility, 
        establishment, place, property, or location referred to 
        in such paragraph (3) or (4). Any duly designated 
        officer, employee, or representative of a State or 
        political subdivision under a contract or cooperative 
        agreement under subsection (d)(1) is also authorized to 
        take such action. The authority of paragraphs (3) and 
        (4) may be exercised only if there is a reasonable 
        basis to believe there may be a release or threat of 
        release of a hazardous substance or pollutant or 
        contaminant. The authority of this subsection may be 
        exercised only for the purposes of determining the need 
        for response, or choosing or taking any response action 
        under this title, or otherwise enforcing the provisions 
        of this title.
          (2) Access to information.--Any officer, employee, or 
        representative described in paragraph (1) may require 
        any person who has or may have information relevant to 
        any of the following to furnish, upon reasonable 
        notice, information or documents relating to such 
        matter:
                  (A) The identification, nature, and quantity 
                of materials which have been or are generated, 
                treated, stored, or disposed of at a vessel or 
                facility or transported to a vessel or 
                facility.
                  (B) The nature or extent of a release or 
                threatened release of a hazardous substance or 
                pollutant or contaminant at or from a vessel or 
                facility.
                  (C) Information relating to the ability of a 
                person to pay for or to perform a cleanup.
        In addition, upon reasonable notice, such person either 
        (i) shall grant any such officer, employee, or 
        representative access at all reasonable times to any 
        vessel, facility, establishment, place, property, or 
        location to inspect and copy all documents or records 
        relating to such matters or (ii) shall copy and furnish 
        to the officer, employee, or representative all such 
        documents or records, at the option and expense of such 
        person.
          (3) Entry.--Any officer, employee, or representative 
        described in paragraph (1) is authorized to enter at 
        reasonable times any of the following:
                  (A) Any vessel, facility, establishment, or 
                other place or property where any hazardous 
                substance or pollutant or contaminant may be or 
                has been generated, stored, treated, disposed 
                of, or transported from.
                  (B) Any vessel, facility, establishment, or 
                other place or property from which or to which 
                a hazardous substance or pollutant or 
                contaminant has been or may have been released.
                  (C) Any vessel, facility, establishment, or 
                other place or property where such release is 
                or may be threatened.
                  (D) Any vessel, facility, establishment, or 
                other place or property where entry is needed 
                to determine the need for response or the 
                appropriate response or to effectuate a 
                response action under this title.
          (4) Inspection and samples.--
                  (A) Authority.--Any officer, employee or 
                representative described in paragraph (1) is 
                authorized to inspect and obtain samples from 
                any vessel, facility, establishment, or other 
                place or property referred to in paragraph (3) 
                or from any location of any suspected hazardous 
                substance or pollutant or contaminant. Any such 
                officer, employee, or representative is 
                authorized to inspect and obtain samples of any 
                containers or labeling for suspected hazardous 
                substances or pollutants or contaminants. Each 
                such inspection shall be completed with 
                reasonable promptness.
                  (B) Samples.--If the officer, employee, or 
                representative obtains any samples, before 
                leaving the premises he shall give to the 
                owner, operator, tenant, or other person in 
                charge of the place from which the samples were 
                obtained a receipt describing the sample 
                obtained and, if requested, a portion of each 
                such sample. A copy of the results of any 
                analysis made of such samples shall be 
                furnished promptly to the owner, operator, 
                tenant, or other person in charge, if such 
                person can be located.
          (5) Compliance orders.--
                  (A) Issuance.--If consent is not granted 
                regarding any request made by an officer, 
                employee, or representative under paragraph 
                (2), (3), or (4), the President may issue an 
                order directing compliance with the request. 
                The order may be issued after such notice and 
                opportunity for consultation as is reasonably 
                appropriate under the circumstances.
                  (B) Compliance.--The President may ask the 
                Attorney General to commence a civil action to 
                compel compliance with a request or order 
                referred to in subparagraph (A). Where there is 
                a reasonable basis to believe there may be a 
                release or threat of a release of a hazardous 
                substance or pollutant or contaminant, the 
                court shall take the following actions:
                          (i) In the case of interference with 
                        entry or inspection, the court shall 
                        enjoin such interference or direct 
                        compliance with orders to prohibit 
                        interference with entry or inspection 
                        unless under the circumstances of the 
                        case the demand for entry or inspection 
                        is arbitrary and capricious, an abuse 
                        of discretion, or otherwise not in 
                        accordance with law.
                          (ii) In the case of information or 
                        document requests or orders, the court 
                        shall enjoin interference with such 
                        information or document requests or 
                        orders or direct compliance with the 
                        requests or orders to provide such 
                        information or documents unless under 
                        the circumstances of the case the 
                        demand for information or documents is 
                        arbitrary and capricious, an abuse of 
                        discretion, or otherwise not in 
                        accordance with law.
                The court may assess a civil penalty not to 
                exceed $25,000 for each day of noncompliance 
                against any person who unreasonably fails to 
                comply with the provisions of paragraph (2), 
                (3), or (4) or an order issued pursuant to 
                subparagraph (A) of this paragraph.
          (6) Other authority.--Nothing in this subsection 
        shall preclude the President from securing access or 
        obtaining information in any other lawful manner.
          (7) Confidentiality of information.--(A) Any records, 
        reports, or information obtained from any person under 
        this section (including records, reports, or 
        information obtained by representatives of the 
        President) shall be available to the public, except 
        that upon a showing satisfactory to the President (or 
        the State, as the case may be) by any person that 
        records, reports, or information, or particular part 
        thereof (other than health or safety effects data), to 
        which the President (or the State, as the case may be) 
        or any officer, employee, or representative has access 
        under this section if made public would divulge 
        information entitled to protection under section 1905 
        of title 18 of the United States Code, such information 
        or particular portion thereof shall be considered 
        confidential in accordance with the purposes of that 
        section, except that such record, report, document or 
        information may be disclosed to other officers, 
        employees, or authorized representatives of the United 
        States concerned with carrying out this Act, or when 
        relevant in any proceeding under this Act.
          (B) Any person not subject to the provisions of 
        section 1905 of title 18 of the United States Code who 
        knowingly and willfully divulges or discloses any 
        information entitled to protection under this 
        subsection shall, upon conviction, be subject to a fine 
        of not more than $5,000 or to imprisonment not to 
        exceed one year, or both.
          (C) In submitting data under this Act, a person 
        required to provide such data may (i) designate the 
        data which such person believes is entitled to 
        protection under this subsection and (ii) submit such 
        designated data separately from other data submitted 
        under this Act. A designation under this paragraph 
        shall be made in writing and in such manner as the 
        President may prescribe by regulation.
          (D) Notwithstanding any limitation contained in this 
        section or any other provision of law, all information 
        reported to or otherwise obtained by the President (or 
        any representative of the President) under this Act 
        shall be made available, upon written request of any 
        duly authorized committee of the Congress, to such 
        committee.
          (E) No person required to provide information under 
        this Act may claim that the information is entitled to 
        protection under this paragraph unless such person 
        shows each of the following:
                  (i) Such person has not disclosed the 
                information to any other person, other than a 
                member of a local emergency planning committee 
                established under title III of the Amendments 
                and Reauthorization Act of 1986, an officer or 
                employee of the United States or a State or 
                local government, an employee of such person, 
                or a person who is bound by a confidentiality 
                agreement, and such person has taken reasonable 
                measures to protect the confidentiality of such 
                information and intends to continue to take 
                such measures.
                  (ii) The information is not required to be 
                disclosed, or otherwise made available, to the 
                public under any other Federal or State law.
                  (iii) Disclosure of the information is likely 
                to cause substantial harm to the competitive 
                position of such person.
                  (iv) The specific chemical identity, if 
                sought to be protected, is not readily 
                discoverable through reverse engineering.
          (F) The following information with respect to any 
        hazardous substance at the facility or vessel shall not 
        be entitled to protection under this paragraph:
                  (i) The trade name, common name, or generic 
                class or category of the hazardous substance.
                  (ii) The physical properties of the 
                substance, including its boiling point, melting 
                point, flash point, specific gravity, vapor 
                density, solubility in water, and vapor 
                pressure at 20 degrees celsius.
                  (iii) The hazards to health and the 
                environment posed by the substance, including 
                physical hazards (such as explosion) and 
                potential acute and chronic health hazards.
                  (iv) The potential routes of human exposure 
                to the substance at the facility, 
                establishment, place, or property being 
                investigated, entered, or inspected under this 
                subsection.
                  (v) The location of disposal of any waste 
                stream.
                  (vi) Any monitoring data or analysis of 
                monitoring data pertaining to disposal 
                activities.
                  (vii) Any hydrogeologic or geologic data.
                  (viii) Any groundwater monitoring data.
  (f) In awarding contracts to any person engaged in response 
actions, the President or the State, in any case where it is 
awarding contracts pursuant to a contract entered into under 
subsection (d) of this section, shall require compliance with 
Federal health and safety standards established under section 
301(f) of this Act by contractors and subcontractors as a 
condition of such contracts.
  (g)(1) All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction, repair, or 
alteration work funded in whole or in part under this section 
shall be paid wages at rates not less than those prevailing on 
projects of a character similar in the locality as determined 
by the Secretary of Labor in accordance with the Davis-Bacon 
Act. The President shall not approve any such funding without 
first obtaining adequate assurance that required labor 
standards will be maintained upon the construction work.
  (2) The Secretary of Labor shall have, with respect to the 
labor standards specified in paragraph (1), the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 
(15 F.R. 3176; 64 Stat. 1267) and section 276c of title 40 of 
the United States Code.
  (h) Notwithstanding any other provision of law, subject to 
the provisions of section 111 of this Act, the President may 
authorize the use of such emergency procurement powers as he 
deems necessary to effect the purpose of this Act. Upon 
determination that such procedures are necessary, the President 
shall promulgate regulations prescribing the circumstances 
under which such authority shall be used and the procedures 
governing the use of such authority.
  (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, 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;
          (B) establish and maintain inventory of literature, 
        research, and studies on the health effects of toxic 
        substances;
          (C) in cooperation with the States, and other 
        agencies of the Federal Government, establish and 
        maintain a complete listing of areas closed to the 
        public or otherwise restricted in use because of toxic 
        substance contamination;
          (D) in cases of public health emergencies caused or 
        believed to be caused by exposure to toxic substances, 
        provide medical care and testing to exposed 
        individuals, including but not limited to tissue 
        sampling, chromosomal testing where appropriate, 
        epidemiological studies, or any other assistance 
        appropriate under the circumstances; and
          (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.
  (2)(A) Within 6 months after the enactment of the Superfund 
Amendments and Reauthorization Act of 1986, the Administrator 
of the Agency for Toxic Substances and Disease Registry (ATSDR) 
and the Administrator of the Environmental Protection Agency 
(``EPA'') shall prepare a list, in order of priority, of at 
least 100 hazardous substances which are most commonly found at 
facilities on the National Priorities List and which, in their 
sole discretion, they determine are posing the most significant 
potential threat to human health due to their known or 
suspected toxicity to humans and the potential for human 
exposure to such substances at facilities on the National 
Priorities List or at facilities to which a response to a 
release or a threatened release under this section is under 
consideration.
  (B) Within 24 months after the enactment of the Superfund 
Amendments and Reauthorization Act of 1986, the Administrator 
of ATSDR and the Administrator of EPA shall revise the list 
prepared under subparagraph (A). Such revision shall include, 
in order of priority, the addition of 100 or more such 
hazardous substances. In each of the 3 consecutive 12-month 
periods that follow, the Administrator of ATSDR and the 
Administrator of EPA shall revise, in the same manner as 
provided in the 2 preceding sentences, such list to include not 
fewer than 25 additional hazardous substances per revision. The 
Administrator of ATSDR and the Administrator of EPA shall not 
less often than once every year thereafter revise such list to 
include additional hazardous substances in accordance with the 
criteria in subparagraph (A).
  (3) 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) 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) 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) 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.
  (4) The Administrator of the ATSDR shall provide 
consultations upon request on health issues relating to 
exposure to hazardous or toxic substances, on the basis of 
available information, to the Administrator of EPA, State 
officials, and local officials. Such consultations to 
individuals may be provided by States under cooperative 
agreements established under this Act.
  (5)(A) For each hazardous substance listed pursuant to 
paragraph (2), the Administrator of ATSDR (in consultation with 
the Administrator of EPA 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. 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) laboratory and other studies to determine short, 
        intermediate, and long-term health effects;
          (ii) laboratory and other studies to determine organ-
        specific, site-specific, and system-specific acute and 
        chronic toxicity;
          (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) where there is a possibility of obtaining human 
        data, the collection of such information.
  (B) In assessing the need to perform laboratory and other 
studies, as required by subparagraph (A), the Administrator of 
ATSDR shall consider--
          (i) the availability and quality of existing test 
        data concerning the substance on the suspected health 
        effect in question;
          (ii) the extent to which testing already in progress 
        will, in a timely fashion, provide data that will be 
        adequate to support the preparation of toxicological 
        profiles as required by paragraph (3); and
          (iii) such other scientific and technical factors as 
        the Administrator of ATSDR may determine are necessary 
        for the effective implementation of this subsection.
  (C) In the development and implementation of any research 
program under this paragraph, the Administrator of ATSDR and 
the Administrator of EPA shall coordinate such research program 
implemented under this paragraph with the National Toxicology 
Program and with programs of toxicological testing established 
under the Toxic Substances Control Act and the Federal 
Insecticide, Fungicide and Rodenticide Act. The purpose of such 
coordination shall be to avoid duplication of effort and to 
assure that the hazardous substances listed pursuant to this 
subsection are tested thoroughly at the earliest practicable 
date. Where appropriate, consistent with such purpose, a 
research program under this paragraph may be carried out using 
such programs of toxicological testing.
  (D) It is the sense of the Congress that the costs of 
research programs under this paragraph be borne by the 
manufacturers and processors of the hazardous substance in 
question, as required in programs of toxicological testing 
under the Toxic Substances Control Act. Within 1 year after the 
enactment of the Superfund Amendments and Reauthorization Act 
of 1986, the Administrator of EPA shall promulgate regulations 
which provide, where appropriate, for payment of such costs by 
manufacturers and processors under the Toxic Substances Control 
Act, and registrants under the Federal Insecticide, Fungicide, 
and Rodenticide Act, and recovery of such costs from 
responsible parties under this Act.
  (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.
  (B) The Administrator of ATSDR may perform 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 health assessment. If such a petition is submitted 
and the Administrator of ATSDR does not initiate a health 
assessment, the Administrator of ATSDR shall provide a written 
explanation of why a health assessment is not appropriate.
  (C) In determining the priority in which to conduct 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, and for which 
in the judgment of the Administrator of ATSDR existing health 
assessment data are inadequate to assess the potential risk to 
human health as provided in subparagraph (F). In determining 
the priorities for conducting 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) Where a 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.
  (E) Any State or political subdivision carrying out a 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.
  (F) For the purposes of this subsection and section 
111(c)(4), the term ``health assessments'' shall include 
preliminary assessments of the potential risk to human health 
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), 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 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 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.
  (H) At the completion of each 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 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 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.
  (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 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 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 the purposes 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 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--
          (A) periodic medical testing where appropriate of 
        population subgroups to screen for diseases for which 
        the population or subgroup is at significant increased 
        risk; and
          (B) a mechanism to refer for treatment those 
        individuals within such population who are screened 
        positive for such diseases.
  (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) health assessments and pilot health effects 
        studies conducted;
          (B) epidemiologic studies conducted;
          (C) hazardous substances which have been listed under 
        paragraph (2), toxicological profiles which have been 
        developed, and toxicologic testing which has been 
        conducted or which is being conducted under this 
        subsection;
          (D) registries established under paragraph (8); and
          (E) an overall assessment, based on the results of 
        activities conducted by the Administrator of ATSDR of 
        the linkage between human exposure to individual or 
        combinations of hazardous substances due to releases 
        from facilities covered by this Act or the Solid Waste 
        Disposal Act and any increased incidence or prevalence 
        of adverse health effects in humans.
  (11) If a 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--
          (A) provision of alternative water supplies, and
          (B) permanent or temporary relocation of individuals.
In any case in which information is insufficient, in the 
judgment of the Administrator of ATSDR or the President to 
determine a significant human exposure level with respect to a 
hazardous substance, the President may take such steps as may 
be necessary to reduce the exposure of any person to such 
hazardous substance to such level as the President deems 
necessary to protect human health.
  (12) In any case which is the subject of a petition, a 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 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.
  (15) 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) 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 health assessments, including those required under 
section 3019(b) of the Solid Waste Disposal Act, health 
studies, registries, and health surveillance.
  (16) 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) 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) 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.
  (j) Acquisition of Property.--
          (1) Authority.--The President is authorized to 
        acquire, by purchase, lease, condemnation, donation, or 
        otherwise, any real property or any interest in real 
        property that the President in his discretion 
        determines is needed to conduct a remedial action under 
        this Act. There shall be no cause of action to compel 
        the President to acquire any interest in real property 
        under this Act.
          (2) State assurance.--The President may use the 
        authority of paragraph (1) for a remedial action only 
        if, before an interest in real estate is acquired under 
        this subsection, the State in which the interest to be 
        acquired is located assures the President, through a 
        contract or cooperative agreement or otherwise, that 
        the State will accept transfer of the interest 
        following completion of the remedial action.
          (3) Exemption.--No Federal, State, or local 
        government agency shall be liable under this Act solely 
        as a result of acquiring an interest in real estate 
        under this subsection.
  (k) Brownfields Revitalization Funding.--
          (1) Definition of eligible entity.--In this 
        subsection, the term ``eligible entity'' means--
                  (A) a general purpose unit of local 
                government;
                  (B) a land clearance authority or other 
                quasi-governmental entity that operates under 
                the supervision and control of or as an agent 
                of a general purpose unit of local government;
                  (C) a government entity created by a State 
                legislature;
                  (D) a regional council or group of general 
                purpose units of local government;
                  (E) a redevelopment agency that is chartered 
                or otherwise sanctioned by a State;
                  (F) a State;
                  (G) an Indian Tribe other than in Alaska; 
                [or]
                  (H) an Alaska Native Regional Corporation and 
                an Alaska Native Village Corporation as those 
                terms are defined in the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1601 and following) 
                and the Metlakatla Indian community[.];
                  (I) an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 
                and exempt from taxation under section 501(a) 
                of that Code;
                  (J) a limited liability corporation in which 
                all managing members are organizations 
                described in subparagraph (I) or limited 
                liability corporations whose sole members are 
                organizations described in subparagraph (I);
                  (K) a limited partnership in which all 
                general partners are organizations described in 
                subparagraph (I) or limited liability 
                corporations whose sole members are 
                organizations described in subparagraph (I); or
                  (L) a qualified community development entity 
                (as defined in section 45D(c)(1) of the 
                Internal Revenue Code of 1986).
          (2) Brownfield site characterization and assessment 
        grant program.--
                  (A) Establishment of program.--The 
                Administrator shall establish a program to--
                          (i) provide grants to inventory, 
                        characterize, assess, and conduct 
                        planning related to brownfield sites 
                        under subparagraph (B); and
                          (ii) perform targeted site 
                        assessments at brownfield sites.
                  (B) Assistance for site characterization and 
                assessment.--
                          (i) In general.--On approval of an 
                        application made by an eligible entity, 
                        the Administrator may make a grant to 
                        the eligible entity to be used for 
                        programs to inventory, characterize, 
                        assess, and conduct planning related to 
                        one or more brownfield sites.
                          (ii) Site characterization and 
                        assessment.--A site characterization 
                        and assessment carried out with the use 
                        of a grant under clause (i) shall be 
                        performed in accordance with section 
                        101(35)(B).
                  (C) Exemption for certain publicly owned 
                brownfield sites.--Notwithstanding any other 
                provision of law, an eligible entity described 
                in any of subparagraphs (A) through (H) of 
                paragraph (1) may receive a grant under this 
                paragraph for property acquired by that 
                eligible entity prior to January 11, 2002, even 
                if such eligible entity does not qualify as a 
                bona fide prospective purchaser, so long as the 
                eligible entity has not caused or contributed 
                to a release or threatened release of a 
                hazardous substance at the property.
          (3) Grants and loans for brownfield remediation.--
                  (A) Grants provided by the president.--
                [Subject to paragraphs (4) and (5)] Subject to 
                paragraphs (5) and (6), the President shall 
                establish a program to provide grants to--
                          (i) eligible entities, to be used for 
                        capitalization of revolving loan funds; 
                        and
                          (ii) eligible entities [or nonprofit 
                        organizations], where warranted, as 
                        determined by the President based on 
                        considerations under subparagraph (C), 
                        to be used directly for remediation of 
                        one or more brownfield sites owned by 
                        the [entity or organization] eligible 
                        entity that receives the grant and in 
                        amounts not to exceed [$200,000 for 
                        each site to be remediated] $500,000 
                        for each site to be remediated, which 
                        limit may be waived by the 
                        Administrator, but not to exceed a 
                        total of $750,000 for each site, based 
                        on the anticipated level of 
                        contamination, size, or ownership 
                        status of the site.
                  (B) Loans and grants provided by eligible 
                entities.--An eligible entity that receives a 
                grant under subparagraph (A)(i) shall use the 
                grant funds to provide assistance for the 
                remediation of brownfield sites in the form 
                of--
                          (i) one or more loans to an eligible 
                        entity, a site owner, a site developer, 
                        or another person; or
                          (ii) one or more grants to an 
                        eligible entity [or other nonprofit 
                        organization], where warranted, as 
                        determined by the eligible entity that 
                        is providing the assistance, based on 
                        considerations under subparagraph (C), 
                        to remediate sites owned by the 
                        eligible entity [or nonprofit 
                        organization] that receives the grant.
                  (C) Considerations.--In determining whether a 
                grant under subparagraph (A)(ii) or (B)(ii) is 
                warranted, the President or the eligible 
                entity, as the case may be, shall take into 
                consideration--
                          (i) the extent to which a grant will 
                        facilitate the creation of, 
                        preservation of, or addition to a park, 
                        a greenway, undeveloped property, 
                        recreational property, or other 
                        property used for nonprofit purposes;
                          (ii) the extent to which a grant will 
                        meet the needs of a community that has 
                        an inability to draw on other sources 
                        of funding for environmental 
                        remediation and subsequent 
                        redevelopment of the area in which a 
                        brownfield site is located because of 
                        the small population or low income of 
                        the community;
                          (iii) the extent to which a grant 
                        will facilitate the use or reuse of 
                        existing infrastructure;
                          (iv) the benefit of promoting the 
                        long-term availability of funds from a 
                        revolving loan fund for brownfield 
                        remediation; and
                          (v) such other similar factors as the 
                        Administrator considers appropriate to 
                        consider for the purposes of this 
                        subsection.
                  (D) Transition.--Revolving loan funds that 
                have been established before the date of the 
                enactment of this subsection may be used in 
                accordance with this paragraph.
                  (E) Exemption for certain publicly owned 
                brownfield sites.--Notwithstanding any other 
                provision of law, an eligible entity described 
                in any of subparagraphs (A) through (H) of 
                paragraph (1) may receive a grant or loan under 
                this paragraph for property acquired by that 
                eligible entity prior to January 11, 2002, even 
                if such eligible entity does not qualify as a 
                bona fide prospective purchaser, so long as the 
                eligible entity has not caused or contributed 
                to a release or threatened release of a 
                hazardous substance at the property.
          (4) Multipurpose brownfields grants.--
                  (A) In general.--Subject to subparagraph (D) 
                and paragraphs (5) and (6), the Administrator 
                shall establish a program to provide 
                multipurpose grants to an eligible entity based 
                on the criteria under subparagraph (C) and the 
                considerations under paragraph (3)(C), to carry 
                out inventory, characterization, assessment, 
                planning, technical assistance, or remediation 
                activities at 1 or more brownfield sites in an 
                area proposed by the eligible entity.
                  (B) Grant amounts.--Each grant awarded under 
                this paragraph shall not exceed $1,000,000.
                  (C) Criteria.--In awarding a grant under this 
                paragraph, the Administrator shall consider the 
                extent to which the eligible entity is able--
                          (i) to provide an overall plan for 
                        revitalization of the 1 or more 
                        brownfield sites in the proposed area 
                        in which the multipurpose grant will be 
                        used;
                          (ii) to demonstrate a capacity to 
                        conduct the range of activities that 
                        will be funded by the multipurpose 
                        grant; and
                          (iii) to demonstrate that a 
                        multipurpose grant will meet the needs 
                        of the 1 or more brownfield sites in 
                        the proposed area.
                  (D) Condition.--As a condition of receiving a 
                grant under this paragraph, each eligible 
                entity shall expend the full amount of the 
                grant not later than the date that is 5 years 
                after the date on which the grant is awarded to 
                the eligible entity, unless the Administrator 
                provides an extension.
                  (E) Ownership.--An eligible entity that 
                receives a grant under this paragraph may not 
                expend any of the grant funds on remediation of 
                a brownfield site until such time as the 
                eligible entity owns the brownfield site.
          [(4)] (5) General provisions.--
                  (A) Maximum grant amount.--
                          (i) Brownfield site characterization 
                        and assessment.--
                                  (I) In general.--A grant 
                                under paragraph (2) may be 
                                awarded to an eligible entity 
                                on a community-wide or site-by-
                                site basis, and shall not 
                                exceed, for any individual 
                                brownfield site covered by the 
                                grant, $200,000.
                                  (II) Waiver.--The 
                                Administrator may waive the 
                                $200,000 limitation under 
                                subclause (I) to permit the 
                                brownfield site to receive a 
                                grant of not to exceed 
                                $350,000, based on the 
                                anticipated level of 
                                contamination, size, or status 
                                of ownership of the site.
                          (ii) Brownfield remediation.--A grant 
                        under paragraph (3)(A)(i) may be 
                        awarded to an eligible entity on a 
                        community-wide or site-by-site basis, 
                        not to exceed $1,000,000 per eligible 
                        entity. The Administrator may make an 
                        additional grant to an eligible entity 
                        described in the previous sentence for 
                        any year after the year for which the 
                        initial grant is made, taking into 
                        consideration--
                                  (I) the number of sites and 
                                number of communities that are 
                                addressed by the revolving loan 
                                fund;
                                  (II) the demand for funding 
                                by eligible entities that have 
                                not previously received a grant 
                                under this subsection;
                                  (III) the demonstrated 
                                ability of the eligible entity 
                                to use the revolving loan fund 
                                to enhance remediation and 
                                provide funds on a continuing 
                                basis; and
                                  (IV) such other similar 
                                factors as the Administrator 
                                considers appropriate to carry 
                                out this subsection.
                  (B) Prohibition.--renee
                          (i) In general.--No part of a grant 
                        or loan under this subsection may be 
                        used for the payment of--
                                  (I) a penalty or fine;
                                  (II) a Federal cost-share 
                                requirement;
                                  [(III) an administrative 
                                cost;]
                                  [(IV)] (III) a response cost 
                                at a brownfield site for which 
                                the recipient of the grant or 
                                loan is potentially liable 
                                under section 107; or
                                  [(V)] (IV) a cost of 
                                compliance with any Federal law 
                                (including a Federal law 
                                specified in section 
                                101(39)(B)), excluding the cost 
                                of compliance with laws 
                                applicable to the cleanup.
                          [(ii) Exclusions.--For the purposes 
                        of clause (i)(III), the term 
                        ``administrative cost'' does not 
                        include the cost of--
                                  [(I) investigation and 
                                identification of the extent of 
                                contamination;
                                  [(II) design and performance 
                                of a response action; or
                                  [(III) monitoring of a 
                                natural resource.
                          [(iii)] (ii) Exception.--
                        [Notwithstanding clause (i)(IV)] 
                        Notwithstanding clause (i)(III), the 
                        Administrator may use up to 25 percent 
                        of the funds made available to carry 
                        out this subsection to make a grant or 
                        loan under this subsection to eligible 
                        entities that satisfy all of the 
                        elements set forth in section 101(40) 
                        to qualify as a bona fide prospective 
                        purchaser, except that the date of 
                        acquisition of the property was on or 
                        before January 11, 2002.
                  (C) Assistance for development of local 
                government site remediation programs.--A local 
                government that receives a grant under this 
                subsection may use not to exceed 10 percent of 
                the grant funds to develop and implement a 
                brownfields program that may include--
                          (i) monitoring the health of 
                        populations exposed to one or more 
                        hazardous substances from a brownfield 
                        site; and
                          (ii) monitoring and enforcement of 
                        any institutional control used to 
                        prevent human exposure to any hazardous 
                        substance from a brownfield site.
                  (D) Insurance.--A recipient of a grant or 
                loan awarded under paragraph [(2) or (3)] (2), 
                (3), or (4) that performs a characterization, 
                assessment, or remediation of a brownfield site 
                may use a portion of the grant or loan to 
                purchase insurance for the characterization, 
                assessment, or remediation of that site.
                  (E) Administrative costs.--
                          (i) In general.--An eligible entity 
                        may use up to 5 percent of the amounts 
                        made available under a grant or loan 
                        under this subsection for 
                        administrative costs.
                          (ii) Restriction.--For purposes of 
                        clause (i), the term ``administrative 
                        costs'' does not include--
                                  (I) investigation and 
                                identification of the extent of 
                                contamination of a brownfield 
                                site;
                                  (II) design and performance 
                                of a response action; or
                                  (III) monitoring of a natural 
                                resource.
          [(5)] (6) Grant applications.--
                  (A) Submission.--
                          (i) In general.--
                                  (I) Application.--An eligible 
                                entity may submit to the 
                                Administrator, through a 
                                regional office of the 
                                Environmental Protection Agency 
                                and in such form as the 
                                Administrator may require, an 
                                application for a grant under 
                                this subsection for one or more 
                                brownfield sites (including 
                                information on the criteria 
                                used by the Administrator to 
                                rank applications under 
                                subparagraph (C), to the extent 
                                that the information is 
                                available).
                                  (II) NCP requirements.--The 
                                Administrator may include in 
                                any requirement for submission 
                                of an application under 
                                subclause (I) a requirement of 
                                the National Contingency Plan 
                                only to the extent that the 
                                requirement is relevant and 
                                appropriate to the program 
                                under this subsection.
                          (ii) Coordination.--The Administrator 
                        shall coordinate with other Federal 
                        agencies to assist in making eligible 
                        entities aware of other available 
                        Federal resources.
                          (iii) Guidance.--The Administrator 
                        shall publish guidance to assist 
                        eligible entities in applying for 
                        grants under this subsection.
                  (B) Approval.--The Administrator shall--
                          (i) at least annually, complete a 
                        review of applications for grants that 
                        are received from eligible entities 
                        under this subsection; and
                          (ii) award grants under this 
                        subsection to eligible entities that 
                        the Administrator determines have the 
                        highest rankings under the ranking 
                        criteria established under subparagraph 
                        (C).
                  (C) Ranking criteria.--The Administrator 
                shall establish a system for ranking grant 
                applications received under this paragraph that 
                includes the following criteria:
                          (i) The extent to which a grant will 
                        stimulate the availability of other 
                        funds for environmental assessment or 
                        remediation, and subsequent reuse, of 
                        an area in which one or more brownfield 
                        sites are located.
                          (ii) The potential of the proposed 
                        project or the development plan for an 
                        area in which one or more brownfield 
                        sites are located to stimulate economic 
                        development of the area on completion 
                        of the cleanup.
                          (iii) The extent to which a grant 
                        would address or facilitate the 
                        identification and reduction of threats 
                        to human health and the environment, 
                        including threats in areas in which 
                        there is a greater-than-normal 
                        incidence of diseases or conditions 
                        (including cancer, asthma, or birth 
                        defects) that may be associated with 
                        exposure to hazardous substances, 
                        pollutants, or contaminants.
                          (iv) The extent to which a grant 
                        would facilitate the use or reuse of 
                        existing infrastructure.
                          (v) The extent to which a grant would 
                        facilitate the creation of, 
                        preservation of, or addition to a park, 
                        a greenway, undeveloped property, 
                        recreational property, or other 
                        property used for nonprofit purposes.
                          (vi) The extent to which a grant 
                        would meet the needs of a community 
                        that has an inability to draw on other 
                        sources of funding for environmental 
                        remediation and subsequent 
                        redevelopment of the area in which a 
                        brownfield site is located because of 
                        the small population or low income of 
                        the community.
                          (vii) The extent to which the 
                        applicant is eligible for funding from 
                        other sources.
                          (viii) The extent to which a grant 
                        will further the fair distribution of 
                        funding between urban and nonurban 
                        areas.
                          (ix) The extent to which the grant 
                        provides for involvement of the local 
                        community in the process of making 
                        decisions relating to cleanup and 
                        future use of a brownfield site.
                          (x) The extent to which a grant would 
                        address or facilitate the 
                        identification and reduction of threats 
                        to the health or welfare of children, 
                        pregnant women, minority or low-income 
                        communities, or other sensitive 
                        populations.
                          (xi) The extent to which a grant 
                        would facilitate the production of 
                        renewable energy on the site.
          [(6)] (7) Implementation of brownfields programs.--
                  (A) Establishment of program.--[The 
                Administrator may provide, or fund eligible 
                entities or nonprofit organizations to 
                provide,]
                          (i) In general.--The Administrator 
                        may provide, or fund eligible entities 
                        to provide, training, research, and 
                        technical assistance to individuals and 
                        organizations, as appropriate, to 
                        facilitate the inventory of brownfield 
                        sites, site assessments, remediation of 
                        brownfield sites, community 
                        involvement, or site preparation.
                          (ii) Small community, Indian tribe, 
                        rural area, and disadvantaged area 
                        recipients.--
                                  (I) In general.--The 
                                Administrator shall use not 
                                more than $1,500,000 of the 
                                amounts made available to carry 
                                out this paragraph in each 
                                fiscal year to make grants to 
                                States that receive amounts 
                                under section 128(a) in that 
                                fiscal year to assist small 
                                communities, Indian tribes, 
                                rural areas, or disadvantaged 
                                areas in the State in carrying 
                                out activities described in 
                                clause (i) with respect to 
                                brownfield sites.
                                  (II) Limitation.--Each grant 
                                made under subclause (I) shall 
                                be not more than $20,000.
                          (iii) Definitions.--In this 
                        subparagraph:
                                  (I) Disadvantaged area.--The 
                                term ``disadvantaged area'' 
                                means a community with an 
                                annual median household income 
                                that is less than 2/3 of the 
                                statewide annual median 
                                household income, as determined 
                                by the President based on the 
                                latest available decennial 
                                census.
                                  (II) Small community.--The 
                                term ``small community'' means 
                                a community with a population 
                                of not more than 20,000 
                                individuals, as determined by 
                                the President based on the 
                                latest available decennial 
                                census.
                  (B) Funding restrictions.--The total Federal 
                funds to be expended by the Administrator under 
                this paragraph shall not exceed 15 percent of 
                the total amount appropriated to carry out this 
                subsection in any fiscal year.
          [(7)] (8) Audits.--
                  (A) In general.--The Inspector General of the 
                Environmental Protection Agency shall conduct 
                such reviews or audits of grants and loans 
                under this subsection as the Inspector General 
                considers necessary to carry out this 
                subsection.
                  (B) Procedure.--An audit under this 
                subparagraph shall be conducted in accordance 
                with the auditing procedures of the General 
                Accounting Office, including chapter 75 of 
                title 31, United States Code.
                  (C) Violations.--If the Administrator 
                determines that a person that receives a grant 
                or loan under this subsection has violated or 
                is in violation of a condition of the grant, 
                loan, or applicable Federal law, the 
                Administrator may--
                          (i) terminate the grant or loan;
                          (ii) require the person to repay any 
                        funds received; and
                          (iii) seek any other legal remedies 
                        available to the Administrator.
                  (D) Report to congress.--Not later than 3 
                years after the date of the enactment of this 
                subsection, the Inspector General of the 
                Environmental Protection Agency shall submit to 
                Congress a report that provides a description 
                of the management of the program (including a 
                description of the allocation of funds under 
                this subsection).
          [(8)] (9) Leveraging.--An eligible entity that 
        receives a grant under this subsection may use the 
        grant funds for a portion of a project at a brownfield 
        site for which funding is received from other sources 
        if the grant funds are used only for the purposes 
        described in paragraph (2) or (3).
          [(9)] (10) Agreements.--Each grant or loan made under 
        this subsection shall--
                  (A) include a requirement of the National 
                Contingency Plan only to the extent that the 
                requirement is relevant and appropriate to the 
                program under this subsection, as determined by 
                the Administrator; and
                  (B) be subject to an agreement that--
                          (i) requires the recipient to--
                                  (I) comply with all 
                                applicable Federal and State 
                                laws; and
                                  (II) ensure that the cleanup 
                                protects human health and the 
                                environment;
                          (ii) requires that the recipient use 
                        the grant or loan exclusively for 
                        purposes specified in paragraph [(2) or 
                        (3)] (2), (3), or (4), as applicable;
                          (iii) in the case of an application 
                        by an eligible entity under paragraph 
                        (3)(A), requires the eligible entity to 
                        pay a matching share (which may be in 
                        the form of a contribution of labor, 
                        material, or services) of at least 20 
                        percent, from non-Federal sources of 
                        funding, unless the Administrator 
                        determines that the matching share 
                        would place an undue hardship on the 
                        eligible entity; and
                          (iv) contains such other terms and 
                        conditions as the Administrator 
                        determines to be necessary to carry out 
                        this subsection.
          [(10)] (11) Facility other than brownfield site.--The 
        fact that a facility may not be a brownfield site 
        within the meaning of section 101(39)(A) has no effect 
        on the eligibility of the facility for assistance under 
        any other provision of Federal law.
          [(11)] (12) Effect on federal laws.--Nothing in this 
        subsection affects any liability or response authority 
        under any Federal law, including--
                  (A) this Act (including the last sentence of 
                section 101(14));
                  (B) the Solid Waste Disposal Act (42 U.S.C. 
                6901 et seq.);
                  (C) the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.);
                  (D) the Toxic Substances Control Act (15 
                U.S.C. 2601 et seq.); and
                  (E) the Safe Drinking Water Act (42 U.S.C. 
                300f et seq.).
          [(12) Funding.--
                  [(A) Authorization of appropriations.--There 
                is authorized to be appropriated to carry out 
                this subsection $200,000,000 for each of fiscal 
                years 2002 through 2006.
                  [(B) Use of certain funds.--Of the amount 
                made available under subparagraph (A), 
                $50,000,000, or, if the amount made available 
                is less than $200,000,000, 25 percent of the 
                amount made available, shall be used for site 
                characterization, assessment, and remediation 
                of facilities described in section 
                101(39)(D)(ii)(II).]
          (13) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $200,000,000 for each of fiscal years 2017 
        through 2021.

           *       *       *       *       *       *       *


SEC. 128. STATE RESPONSE PROGRAMS.

  (a) Assistance to States.--
          (1) In general.--
                  (A) States.--The Administrator may award a 
                grant to a State or Indian tribe that--
                          (i) has a response program that 
                        includes each of the elements, or is 
                        taking reasonable steps to include each 
                        of the elements, listed in paragraph 
                        (2); or
                          (ii) is a party to a memorandum of 
                        agreement with the Administrator for 
                        voluntary response programs.
                  (B) Use of grants by states.--
                          (i) In general.--A State or Indian 
                        tribe may use a grant under this 
                        subsection to establish or enhance the 
                        response program of the State or Indian 
                        tribe.
                          (ii) Additional uses.--In addition to 
                        the uses under clause (i), a State or 
                        Indian tribe may use a grant under this 
                        subsection to--
                                  (I) capitalize a revolving 
                                loan fund for brownfield 
                                remediation under section 
                                104(k)(3); or
                                  (II) purchase insurance or 
                                develop a risk sharing pool, an 
                                indemnity pool, or insurance 
                                mechanism to provide financing 
                                for response actions under a 
                                State response program.
          (2) Elements.--The elements of a State or Indian 
        tribe response program referred to in paragraph 
        (1)(A)(i) are the following:
                  (A) Timely survey and inventory of brownfield 
                sites in the State.
                  (B) Oversight and enforcement authorities or 
                other mechanisms, and resources, that are 
                adequate to ensure that--
                          (i) a response action will--
                                  (I) protect human health and 
                                the environment; and
                                  (II) be conducted in 
                                accordance with applicable 
                                Federal and State law; and
                          (ii) if the person conducting the 
                        response action fails to complete the 
                        necessary response activities, 
                        including operation and maintenance or 
                        long-term monitoring activities, the 
                        necessary response activities are 
                        completed.
                  (C) Mechanisms and resources to provide 
                meaningful opportunities for public 
                participation, including--
                          (i) public access to documents that 
                        the State, Indian tribe, or party 
                        conducting the cleanup is relying on or 
                        developing in making cleanup decisions 
                        or conducting site activities;
                          (ii) prior notice and opportunity for 
                        comment on proposed cleanup plans and 
                        site activities; and
                          (iii) a mechanism by which--
                                  (I) a person that is or may 
                                be affected by a release or 
                                threatened release of a 
                                hazardous substance, pollutant, 
                                or contaminant at a brownfield 
                                site located in the community 
                                in which the person works or 
                                resides may request the conduct 
                                of a site assessment; and
                                  (II) an appropriate State 
                                official shall consider and 
                                appropriately respond to a 
                                request under subclause (I).
                  (D) Mechanisms for approval of a cleanup 
                plan, and a requirement for verification by and 
                certification or similar documentation from the 
                State, an Indian tribe, or a licensed site 
                professional to the person conducting a 
                response action indicating that the response is 
                complete.
          [(3) Funding.--There is authorized to be appropriated 
        to carry out this subsection $50,000,000 for each of 
        fiscal years 2002 through 2006.]
          (3) Funding.--There is authorized to be appropriated 
        to carry out this subsection $50,000,000 for each of 
        fiscal years 2017 through 2021.
  (b) Enforcement in Cases of a Release Subject to State 
Program.--
          (1) Enforcement.--
                  (A) In general.--Except as provided in 
                subparagraph (B) and subject to subparagraph 
                (C), in the case of an eligible response site 
                at which--
                          (i) there is a release or threatened 
                        release of a hazardous substance, 
                        pollutant, or contaminant; and
                          (ii) a person is conducting or has 
                        completed a response action regarding 
                        the specific release that is addressed 
                        by the response action that is in 
                        compliance with the State program that 
                        specifically governs response actions 
                        for the protection of public health and 
                        the environment,
                the President may not use authority under this 
                Act to take an administrative or judicial 
                enforcement action under section 106(a) or to 
                take a judicial enforcement action to recover 
                response costs under section 107(a) against the 
                person regarding the specific release that is 
                addressed by the response action.
                  (B) Exceptions.--The President may bring an 
                administrative or judicial enforcement action 
                under this Act during or after completion of a 
                response action described in subparagraph (A) 
                with respect to a release or threatened release 
                at an eligible response site described in that 
                subparagraph if--
                          (i) the State requests that the 
                        President provide assistance in the 
                        performance of a response action;
                          (ii) the Administrator determines 
                        that contamination has migrated or will 
                        migrate across a State line, resulting 
                        in the need for further response action 
                        to protect human health or the 
                        environment, or the President 
                        determines that contamination has 
                        migrated or is likely to migrate onto 
                        property subject to the jurisdiction, 
                        custody, or control of a department, 
                        agency, or instrumentality of the 
                        United States and may impact the 
                        authorized purposes of the Federal 
                        property;
                          (iii) after taking into consideration 
                        the response activities already taken, 
                        the Administrator determines that--
                                  (I) a release or threatened 
                                release may present an imminent 
                                and substantial endangerment to 
                                public health or welfare or the 
                                environment; and
                                  (II) additional response 
                                actions are likely to be 
                                necessary to address, prevent, 
                                limit, or mitigate the release 
                                or threatened release; or
                          (iv) the Administrator, after 
                        consultation with the State, determines 
                        that information, that on the earlier 
                        of the date on which cleanup was 
                        approved or completed, was not known by 
                        the State, as recorded in documents 
                        prepared or relied on in selecting or 
                        conducting the cleanup, has been 
                        discovered regarding the contamination 
                        or conditions at a facility such that 
                        the contamination or conditions at the 
                        facility present a threat requiring 
                        further remediation to protect public 
                        health or welfare or the environment. 
                        Consultation with the State shall not 
                        limit the ability of the Administrator 
                        to make this determination.
                  (C) Public record.--The limitations on the 
                authority of the President under subparagraph 
                (A) apply only at sites in States that 
                maintain, update not less than annually, and 
                make available to the public a record of sites, 
                by name and location, at which response actions 
                have been completed in the previous year and 
                are planned to be addressed under the State 
                program that specifically governs response 
                actions for the protection of public health and 
                the environment in the upcoming year. The 
                public record shall identify whether or not the 
                site, on completion of the response action, 
                will be suitable for unrestricted use and, if 
                not, shall identify the institutional controls 
                relied on in the remedy. Each State and tribe 
                receiving financial assistance under subsection 
                (a) shall maintain and make available to the 
                public a record of sites as provided in this 
                paragraph.
                  (D) EPA notification.--
                          (i) In general.--In the case of an 
                        eligible response site at which there 
                        is a release or threatened release of a 
                        hazardous substance, pollutant, or 
                        contaminant and for which the 
                        Administrator intends to carry out an 
                        action that may be barred under 
                        subparagraph (A), the Administrator 
                        shall--
                                  (I) notify the State of the 
                                action the Administrator 
                                intends to take; and
                                  (II)(aa) wait 48 hours for a 
                                reply from the State under 
                                clause (ii); or
                                  (bb) if the State fails to 
                                reply to the notification or if 
                                the Administrator makes a 
                                determination under clause 
                                (iii), take immediate action 
                                under that clause.
                          (ii) State reply.--Not later than 48 
                        hours after a State receives notice 
                        from the Administrator under clause 
                        (i), the State shall notify the 
                        Administrator if--
                                  (I) the release at the 
                                eligible response site is or 
                                has been subject to a cleanup 
                                conducted under a State 
                                program; and
                                  (II) the State is planning to 
                                abate the release or threatened 
                                release, any actions that are 
                                planned.
                          (iii) Immediate federal action.--The 
                        Administrator may take action 
                        immediately after giving notification 
                        under clause (i) without waiting for a 
                        State reply under clause (ii) if the 
                        Administrator determines that one or 
                        more exceptions under subparagraph (B) 
                        are met.
                  (E) Report to congress.--Not later than 90 
                days after the date of initiation of any 
                enforcement action by the President under 
                clause (ii), (iii), or (iv) of subparagraph 
                (B), the President shall submit to Congress a 
                report describing the basis for the enforcement 
                action, including specific references to the 
                facts demonstrating that enforcement action is 
                permitted under subparagraph (B).
          (2) Savings provision.--
                  (A) Costs incurred prior to limitations.--
                Nothing in paragraph (1) precludes the 
                President from seeking to recover costs 
                incurred prior to the date of the enactment of 
                this section or during a period in which the 
                limitations of paragraph (1)(A) were not 
                applicable.
                  (B) Effect on agreements between states and 
                epa.--Nothing in paragraph (1)--
                          (i) modifies or otherwise affects a 
                        memorandum of agreement, memorandum of 
                        understanding, or any similar agreement 
                        relating to this Act between a State 
                        agency or an Indian tribe and the 
                        Administrator that is in effect on or 
                        before the date of the enactment of 
                        this section (which agreement shall 
                        remain in effect, subject to the terms 
                        of the agreement); or
                          (ii) limits the discretionary 
                        authority of the President to enter 
                        into or modify an agreement with a 
                        State, an Indian tribe, or any other 
                        person relating to the implementation 
                        by the President of statutory 
                        authorities.
          (3) Effective date.--This subsection applies only to 
        response actions conducted after February 15, 2001.
  (c) Effect on Federal Laws.--Nothing in this section affects 
any liability or response authority under any Federal law, 
including--
          (1) this Act, except as provided in subsection (b);
          (2) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
        seq.);
          (3) the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.);
          (4) the Toxic Substances Control Act (15 U.S.C. 2601 
        et seq.); and
          (5) the Safe Drinking Water Act (42 U.S.C. 300f et 
        seq.).

           *       *       *       *       *       *       *


                                  [all]