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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2500 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 2500

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 1995

  Mr. Oxley (for himself, Mr. Bliley, Mr. Shuster, Mr. Boehlert, Mr. 
  Tauzin, Mr. Upton, Mr. Gillmor, Mr. Roemer, Mr. Burr, Mr. Horn, Mr. 
  Parker, Mr. Wamp, Mr. Duncan, Mr. Young of Arkansas, Mr. Quinn, Mr. 
Petri, Mr. Bachus, and Mr. Crapo) introduced the following bill; which 
   was referred to the Committee on Commerce, and in addition to the 
Committees on Transportation and Infrastructure and Ways and Means, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    This Act may be cited as the ``Reform of Superfund Act of 1995''.

         TITLE I--REMEDY SELECTION AND COMMUNITY PARTICIPATION

Sec. 101. Objective and unbiased risk assessment standards.
Sec. 102. Remedy selection.
Sec. 103. Public participation.
Sec. 104. Community Assistance Groups.
Sec. 105. Hazard ranking system and revision of National Contingency 
                            Plan.
Sec. 106. Disease registry and medical care providers.
Sec. 107. Determining health effects.
Sec. 108. Public health at NPL facilities.
Sec. 109. Health studies.
Sec. 110. Distribution of materials to health professionals and medical 
                            centers.
Sec. 111. Grant awards, contracts, and community assistance activities.
Sec. 112. Removal actions. 
Sec. 113. Hazardous substance property use.
Sec. 114. Judicial review of remedy.
Sec. 115. Effective date and transition rules.
                          TITLE II--LIABILITY

Sec. 201. Retroactive liability discount.
Sec. 202. Reimbursement for certain retroactive municipal landfill 
                            liability.
Sec. 203. Additional liability exemptions and limitations.
Sec. 204. Clarifications of certain liability.
Sec. 205. Illegal activities.
Sec. 206. Amendments to section 106.
Sec. 207. Allocation procedures.
Sec. 208. Civil proceedings.
Sec. 209. Limitations on contribution actions.
Sec. 210. Liability of response action contractors.
Sec. 211. Enhancement of settlement authorities.
Sec. 212. Professional services.
Sec. 213. Final covenants.
Sec. 214. Expedited final settlements.
Sec. 215. Clarification of liability for recycling transactions.
Sec. 216. Information gathering and access.
             TITLE III--BROWNFIELDS AND VOLUNTARY CLEANUPS

Sec. 301. State voluntary response programs.
Sec. 302. Lender and fiduciary liability.
Sec. 303. Innocent landowners.
Sec. 304. Limitation on Federal enforcement actions under CERCLA for 
                            States with approved remedial action 
                            programs.
Sec. 305. Bona fide prospective purchaser liability.
                   TITLE IV--NATURAL RESOURCE DAMAGES

Sec. 401. Natural resource damages.
                          TITLE V--STATE ROLE

Sec. 501. Authorization of State programs at national priorities list 
                            facilities.
Sec. 502. National priorities list cap.
Sec. 503. State and local reimbursement for response actions.
                      TITLE VI--FEDERAL FACILITIES

Sec. 601. State role at Federal facilities.
Sec. 602. Innovative technologies for remedial action at Federal 
                            facilities.
Sec. 603. Contents of certain deeds.
Sec. 604. Transfers of uncontaminated property.
Sec. 605. Federal entities and facilities.
Sec. 606. Factor to be applied in criteria for determining listing of 
                            Federal facilities on national priorities 
                            list.
Sec. 607. Notification regarding uncontaminated property at Federal 
                            facilities.
Sec. 608. Annual studies of priorities at Federal facilities.
Sec. 609. Judicial removals.
                        TITLE VII--MISCELLANEOUS

Sec. 701. Definitions.
Sec. 702. Response claims procedures.
Sec. 703. Small business ombudsman.
Sec. 704. Consideration of local government cleanup priorities.
Sec. 705. Savings clause.
Sec. 706. Report and oversight requirements.
Sec. 707. Response authorities.
          TITLE VIII--AMENDMENTS TO OIL POLLUTION ACT OF 1990

Sec. 801. Ensuring cost-effective restoration, rehabilitation, 
                            replacement, or acquisition of natural 
                            resources.
Sec. 802. Measure of natural resource damages.
Sec. 803. Damage assessment regulations.
Sec. 804. Definitions.
                 TITLE IX--REMEDIATION WASTE MANAGEMENT

Sec. 901. Remediation waste.
Sec. 902. Underground storage tank remediation.
Sec. 903. Limitation of liability under Solid Waste Disposal Act.
                            TITLE X--FUNDING

    Subtitle A--Expenditures from the Hazardous Substance Superfund

Sec. 1001. Expenditures from the hazardous substance superfund.
Sec. 1002. Authorization of appropriations from general revenues.
     Subtitle B--5-Year Extension of Hazardous Substance Superfund

Sec. 1011. 5-year extension of hazardous substance superfund.

         TITLE I--REMEDY SELECTION AND COMMUNITY PARTICIPATION

SEC. 101. OBJECTIVE AND UNBIASED RISK ASSESSMENT STANDARDS.

    Title I is amended by adding the following new section at the end 
thereof:

``SEC. 127. NATIONAL RISK PROTOCOL.

    ``(a) In General.--Risk assessments conducted under this Act 
shall--
            ``(1) provide scientifically objective and unbiased 
        estimates and characterizations which neither minimize nor 
        exaggerate the nature and magnitude of risks to human health 
        and the environment;
            ``(2) distinguish scientific findings from other 
        considerations;
            ``(3) be based on relevant and current scientific, 
        technical and exposure-related information, including available 
        or reasonably obtainable epidemiologic data, data on 
        bioavailability, and site-specific information.''.
    ``(b) Guidelines.--(1) The President shall evaluate and publish 
guidelines that, to the degree appropriate and practicable--
            ``(A) define the use of probabilistic modeling;
            ``(B) identify criteria for the selection and application 
        of transport and fate models;
            ``(C) define the use of population risk estimates in 
        addition to individual risk estimates;
            ``(D) define appropriate approaches for addressing 
        cumulative potential risks posed by multiple contaminants or 
        multiple exposure pathways;
            ``(E) establish appropriate sampling approaches and data 
        quality requirements; and
            ``(F) establish policy and procedures for independent and 
        external peer review for significant risk assessments, models, 
        or methodologies.
    ``(2) The guidelines under paragraph (1) shall also provide 
methodology or guidance for establishing protective exposure levels 
that are set, to the extent feasible and scientifically appropriate, at 
the final 90th percentile of the exposure probability distribution. For 
parameters based on assumptions without a statistical distribution, the 
President shall use the most plausible assumptions given the weight of 
the scientific information available to the President.
    ``(3) Final guidelines under this subsection shall be established 
after independent and external peer review and notice and opportunity 
for comment on draft guidelines. The publication of final guidelines 
shall be considered final agency action.
    ``(c) Review of Substances.--(1) The President, in consultation 
with the Administrator and the Administrator of the ATSDR, shall 
conduct a review of the health effects values and toxicological 
profiles of 25 hazardous substances listed under paragraph (2) of 
section 104(i) that the President considers to be carcinogens and that 
pose the most significant risk at National Priorities List sites and 
publish an assessment of such health effects values. The President 
shall not include substances in the review under this subsection if 
such substance is currently under scientific reevaluation pursuant to 
title XIV of the Public Health Service Act (the Safe Drinking Water 
Act). For purposes of such review and assessment, within 30 days after 
the date of the enactment of the Reform of Superfund Act of 1995, the 
President shall publish an advance notice of proposed rulemaking to 
obtain public comments on such review and assessment. Not later than 15 
months after the date of the enactment of the Reform of Superfund Act 
of 1995, the President shall publish a draft of such assessment. After 
receiving such comments on such draft assessment, and after independent 
and external peer review, but within 2 years after the date of the 
enactment of the Reform of Superfund Act of 1995, the President shall 
complete the review and publish the assessment under this subsection. 
The publication of the final assessment shall be considered final 
agency action.
    ``(2) The review and assessment under this subsection shall include 
a discussion, to the extent relevant, of both laboratory and 
epidemiological data of sufficient quality which finds, or fails to 
find, a significant correlation between health risks and a potential 
toxin. Where conflicts among such data appear to exist, or where animal 
data are used as a basis to assess human health, the review and 
assessment shall, where appropriate, include discussion of 
reconciliation of conflicting information, and as appropriate, 
differences in study designs, comparative physiology, routes of 
exposure, bioavailability, pharmacokinetics, and any other relevant 
factor.
    ``(3) Where the review and assessment involve selection of any 
significant assumption, inference, or model, the President shall--
            ``(A) present a representative list and explanation of 
        plausible and alternative assumptions, inferences, or models;
            ``(B) explain the basis for any choices;
            ``(C) identify any policy or value judgments;
            ``(D) fully describe any model used in the risk assessment 
        and make explicit the assumptions incorporated in the model; 
        and
            ``(E) indicate the extent to which any significant model 
        has been validated by, or conflicts with, empirical data.
    ``(4) If numerical estimates of risk or health effects values are 
provided, the President shall specify the population that is the 
subject of the estimate. To the extent feasible and scientifically 
appropriate, the President shall include, among other estimates, 
central estimates of risk or health effects values using the most 
plausible assumptions, given the weight of the scientific information 
available to the President. Where significant assumptions have 
substantially similar scientific support, the President shall provide a 
description of the range of estimates. The President also shall provide 
a description of scientific uncertainties that accompany such 
estimates.
    ``(d) Updating of Health Effects Values.--The President shall 
determine an appropriate approach and schedule for reviewing the health 
effects values of chemicals on the hazardous substances list to ensure 
that such values remain current with emerging science and relevant 
Agency policy.''.

SEC. 102. REMEDY SELECTION.

    Section 121 (42 U.S.C. 9621) is amended to read as follows:

``SEC. 121. REMEDY SELECTION.

    ``(a) In General.--The President shall select appropriate remedial 
actions determined to be necessary to be carried out under section 104 
or secured under section 106 in accordance with this section.
    ``(b) General Standards.--(1) Remedies selected at individual 
facilities shall be those necessary to protect human health and the 
environment from realistic and significant risks through cost-effective 
and cost-reasonable means.
    ``(2) Remedies shall prevent or eliminate any actual human 
ingestion of drinking water containing any hazardous substance at 
levels--
            ``(A) in excess of the maximum contaminant level 
        established under title XIV of the Public Health Service Act 
        (the Safe Drinking Water Act), or
            ``(B) if no such maximum contaminant level has been 
        established, in excess of those levels needed to protect human 
        health from realistic and significant risks.
    ``(3) With respect to non-threshold carcinogens, a remedy shall be 
deemed protective of human health if the remedy limits cumulative, 
lifetime additional cancer risk from exposure to hazardous substances 
from releases at the facility to within the range of one in 10,000 to 
one in 1,000,000 for the affected population, as determined by the 
President, based upon the actual or reasonably anticipated future uses 
of land, water, and other resources. Nothing in this paragraph shall 
require remedies to increase net risks to human health when considering 
subsection (f)(1)(C).
    ``(4) Where available, the President shall use information on 
actual ingestion, inhalation, dermal contact, or blood or tissue toxin 
levels at the site. Where the President uses estimates, protective 
exposure levels shall be based, to the extent feasible and 
scientifically appropriate, at the final 90th percentile of the 
exposure probability distribution for the population that is the 
subject of the specific estimate. For exposure and bioavailability 
parameters based on assumptions without a statistical distribution, 
including those in any relevant model, the President shall use the most 
plausible assumptions, given the weight of the scientific information 
available to the President.
    ``(5) A remedial action shall be deemed protective of the 
environment if, based on the actual or reasonably anticipated future 
use of the land, water, or other resources, it will protect against 
realistic and significant risks to ecological resources that are 
necessary to the sustainability of a significant ecosystem and will not 
interfere with a sustainable functional ecosystem.
    ``(6) In evaluating and selecting remedial actions, the President 
shall take into account the potential for injury to, destruction of, or 
loss of a natural resource resulting from such action.
    ``(7) Remedial actions requiring point source discharges into 
navigable waters of the United States shall comply with applicable 
State standards respecting those point source discharges.
    ``(c) Method of Remediation.--A remedial action may achieve 
protection of human health and the environment through treatment that 
reduces the toxicity, mobility, or volume of hazardous substances; 
stabilization; source control; natural attenuation over a reasonable 
period of time; containment or other engineering controls to limit 
exposure; institutional controls; point of use treatment; provision of 
alternative water supply or other methods; or a combination of any of 
the preceding methods. No preference or bias shall apply to any 
specific method of remediation. The method or methods of remediation 
appropriate for a given facility shall be determined through the 
evaluation of remedial alternatives and the selection process under 
subsections (d), (e), and (f).
    ``(d) Anticipated Use of Land, Water and Other Resources.--(1) In 
selecting a remedy, the President shall take into account the current 
and reasonably anticipated future uses of land, water, and other 
resources at a facility and the timing of such uses. Such reasonably 
anticipated uses may include current uses or potential future uses that 
have a substantial probability of occurring, based on the 
administrative record and the information to be considered under this 
paragraph. In identifying such reasonably anticipated future uses, the 
President shall consider relevant factors, which generally shall 
include the following:
            ``(A) Any consensus recommendation of the Community 
        Assistance Group and any other views expressed by members of 
        the affected community, except that, with respect to a Federal 
        facility scheduled for closure or realignment, the President 
        shall consider any joint consensus recommendation of the 
        Community Assistance Group and a redevelopment authority which 
        has been established for such facility.
            ``(B) The historical land, water, and other resources of 
        the facility and surrounding properties, the current uses of 
        the facility and surrounding properties, recent development 
        patterns in the area where the facility is located, and 
        population projections for that area.
            ``(C) Federal or State land use designations, including 
        Federal facilities and national parks, State ground water or 
        surface water recharge areas established under a State's 
        comprehensive protection plan for ground water or surface 
        water, and recreational areas.
            ``(D) The current land use zoning and future land use plans 
        of the local government with land use regulatory authority.
            ``(E) The potential for economic redevelopment.
            ``(F) Current plans for the facility by the property owner 
        or owners.
            ``(G) The availability of alternative sources of drinking 
        water.
    ``(2) In developing its recommendation, the Community Assistance 
Group shall consider factors listed in subparagraphs (B) through (G) of 
paragraph (1).
    ``(3) All information considered by the President in evaluating 
reasonably anticipated future land uses under this subsection shall be 
included in the administrative record under section 113(k).
    ``(e) Site Specific Risk Assessment.--The President shall use site-
specific risk assessment consistent with section 127 to--
            ``(1) determine the nature and extent of risk to human 
        health and the environment;
            ``(2) determine whether a response action is needed at the 
        facility; and
            ``(3) evaluate alternative remedial actions for the 
        facility to determine their risk reduction benefits and assist 
        in selecting the remedial action for the facility that meets 
        the criteria of subsection (f).
    ``(f) Appropriate Remedial Action.--
            ``(1) Alternatives considered and factors balanced.--The 
        President shall identify an appropriate mix of remedial 
        alternatives, including significant options provided by 
        interested parties. Appropriate remedies shall be based on the 
        current and reasonably anticipated future uses of land, water, 
        and other resources, and the timing of such uses. The President 
        shall select an appropriate remedy by considering and 
        balancing, under paragraph (2), the following factors:
                    ``(A) The effectiveness of the remedy, including 
                its implementability and technical practicability and 
                the ability to reduce risks.
                    ``(B) The reliability of the remedy over the short 
                and long term.
                    ``(C) Risks to the affected community, to those 
                engaged in the cleanup effort, and to the environment 
                arising from offsite transportation and subsequent 
                management of the hazardous substances involved and 
                short-term risks posed by the implementation of the 
                remedy.
                    ``(D) The acceptability of the remedy to the 
                affected community, as represented by the elected 
                officials of the affected local government.
                    ``(E) The reasonableness of the costs of the remedy 
                in relation to other significant remedial options.
            ``(2) Evaluation of cost-effectiveness.--The President 
        shall demonstrate and certify that the selected remedy 
        represents a cost-effective risk reduction and that the 
        incremental cost of the chosen alternative is justified and 
        reasonably related to the incremental risk reduction benefits 
        of the remedy. The assessment of incremental costs and 
        incremental risk reduction benefits shall include evaluation of 
        the difference in costs and benefits between significant 
        remedial options. Incremental costs and risk reduction benefit 
        shall be quantified to the maximum extent practicable and 
        appropriate and shall otherwise be qualitatively described. To 
        the extent feasible, costs and benefits should be determined on 
        a net present value basis. The President shall give a 
        preference to the most cost-effective remedial option that 
        adequately protects human health and the environment from 
        realistic and significant risks considering both short-term and 
        long-term costs over the life-cycle of the remedy.
    ``(g) Generic Remedies.--(1) To expedite and increase the 
efficiency of the remedy selection process, the President may, after 
notice and opportunity for comment, establish generic remedies where 
such remedies are demonstrated to be effective in protecting human 
health and the environment from realistic and significant risk in a 
cost-effective and cost-reasonable manner. The President shall not 
establish generic remedies for mining and mineral processing facilities 
or related areas of contamination. Generic remedies may provide for 
consideration of a mix of site-specific factors along with generic 
approaches for particular categories of sites. Such demonstration 
shall--
            ``(A) be based on the record from a number of comparable 
        sites,
            ``(B) evaluate an appropriate mix of remedial options, and
            ``(C) show that the generic remedy will not prevent 
        consideration of site-specific factors which vary significantly 
        from site to site in a manner that could significantly impact 
        protection of human health or the environment or the costs of 
        the remedy.
    ``(2) Where a generic remedy applies the President need not perform 
a site specific risk assessment or evaluation of alternatives under 
this section. The President shall publish a notice of intention to 
utilize and opportunity to comment on the applicability of any generic 
remedy for the site.
    ``(3) An interested party may seek a waiver from a generic remedy. 
The request for a waiver shall include sufficient site-specific and 
other information to demonstrate that the generic remedy is not 
appropriate or that another alternative can protect human health and 
the environment through significantly less costly means. The President 
shall consider the request for a waiver within 90 days and grant 
requests meeting the demonstration in this paragraph.
    ``(h) Early Evaluation and Phased Remedial Action.--(1) The 
President shall consider new procedures for conducting remedial 
investigations and feasibility studies in an efficient, cost-effective 
and timely manner. Such new procedures shall take into consideration a 
results-oriented approach in order to minimize the time required to 
conduct such investigations and studies. The President shall, as part 
of the next proposed revision of the National Contingency Plan after 
the enactment of this paragraph, propose, as appropriate, to 
incorporate the new procedures for conducting the remedial 
investigations and feasibility studies. The President shall, as 
appropriate, employ a phased approach to site characterization and 
remediation in which remedies are arrived at through a sequence of 
investigations and actions. Information gathered in one phase shall be 
used to inform each successive phase until final remediation goals are 
determined and attained.
    ``(2) To facilitate efficient and effective site characterization 
that promotes early evaluation of remedial alternatives and to prevent 
ground water contamination problems from worsening, the President shall 
ensure, to the extent practicable, that hydrogeologic and contaminant-
related information necessary to select final ground water remedial 
actions, including findings of technical impracticability, shall be 
collected as part of site characterization activities prior to and 
during the remedial investigation.
    ``(i) Institutional Controls.--Whenever the President selects a 
remedial action which relies on restrictions on the use of land, water, 
or other resources to achieve protection of human health and the 
environment, the President shall specify the nature of the restrictions 
required to achieve such protections, including restrictions on the 
permissible uses of land, prohibitions on specified activities upon the 
property, restrictions on the drilling of wells or other use of ground 
water, or restrictions on the use of surface water, and may ensure that 
such restrictions are incorporated into a hazardous substance easement, 
as provided by section 104(k). In reviewing remedial action 
alternatives that would require the use of such restrictions and 
providing opportunity for public comment on those alternatives, the 
President shall identify the nature of any institutional controls that 
would be required to implement such restrictions, known or anticipated 
affected persons, the likely duration of such restrictions, and the 
anticipated costs of acquiring any appropriate hazardous substance 
easements and enforcing the appropriate restrictions.
    ``(j) Technical Impracticability.--The President shall, for 
purposes of section 121(f)(1)(A), make findings of technical 
impracticability from an engineering perspective on the basis of 
projections, modeling, or other analysis on a site specific basis 
(including the consideration of information presented by responsible 
parties at such facility) without a requirement that the remedial 
measure for which a finding of technical impracticability is under 
consideration be first constructed or installed and operated and its 
performance over time reviewed, unless such projection, modeling, 
measure, or other analysis are insufficient or inadequate to make such 
a finding.
    ``(k) Procedural Requirements for On-Site Actions.--Procedural 
requirements of Federal and State standards, requirements, criteria, or 
limitations, including permitting requirements, shall not apply to 
response actions conducted on-site. No Federal, State, or local permit 
shall be required for the portion of any removal or remedial action 
conducted entirely onsite, where such action is selected and carried 
out in compliance with this section.
    ``(l) Exclusive Standards.--For any facility to which they apply, 
the standards set forth in this section shall govern the degree of 
cleanup, remedy selection, and on-site management of hazardous 
substances in lieu of any other Federal, State, or local standards.
    ``(m) Disposal Standards.--(1) Except as provided in paragraph (2), 
a State standard, requirement, criteria, or limitation (including any 
State siting standard or requirement) which could effectively result in 
the statewide prohibition of land disposal of hazardous substances 
shall not apply.
    ``(2) Any State standard, requirement, criteria, or limitation 
referred to in paragraph (1) shall apply offsite where each of the 
following conditions is met:
            ``(A) The State standard, requirement, criteria, or 
        limitation is of general applicability and was adopted by 
        formal means.
            ``(B) The State standard, requirement, criteria, or 
        limitation was adopted on the basis of hydrologic, geologic, or 
        other relevant considerations and was not adopted for the 
        purpose of precluding onsite remedial actions or other land 
        disposal for reasons unrelated to protection of human health 
        and the environment.
            ``(C) The State arranges for, and assures payment of the 
        incremental costs of utilizing, a facility for disposition of 
        the hazardous substances concerned.
    ``(n) State Involvement.--The President shall promulgate 
regulations providing for substantial and meaningful involvement by 
each State in initiation, development, and selection of remedial 
actions to be undertaken in that State. The regulations, at a minimum, 
shall include each of the following:
            ``(1) State involvement in decisions whether to perform a 
        preliminary assessment and site inspection.
            ``(2) Allocation of responsibility for hazard ranking 
        system scoring.
            ``(3) State concurrence in deleting facilities from or 
        adding facilities to the National Priorities List.
            ``(4) State participation in the long-term planning process 
        for all remedial sites within the State.
            ``(5) A reasonable opportunity for States to review and 
        comment on each of the following:
                    ``(A) The remedial investigation and feasibility 
                study and all data and technical documents leading to 
                its issuance.
                    ``(B) The planned remedial action identified in the 
                remedial investigation and feasibility study.
                    ``(C) The engineering design following selection of 
                the final remedial action.
                    ``(D) Other technical data and reports relating to 
                implementation of the remedy.
                    ``(E) Notice to the State of negotiations with 
                potentially responsible parties regarding the scope of 
                any response action at a facility in the State and an 
                opportunity to participate in such negotiations and be 
                a party to any settlement.
                    ``(F) Notice to the State and an opportunity to 
                comment on the President's proposed plan for remedial 
                action as well as on alternative plans under 
                consideration. The President's proposed decision 
                regarding the selection of remedial action shall be 
                accompanied by a response to the comments submitted by 
                the State. A copy of such response shall also be 
                provided to the State.
                    ``(G) Prompt notice and explanation of each 
                proposed action to the State in which the facility is 
                located.
Prior to the promulgation of such regulations, the President shall 
provide notice to the State of negotiations with potentially 
responsible parties regarding the scope of any response action at a 
facility in the State, and such State may participate in such 
negotiations and any settlements.
    ``(o) States Adjoining Certain Facilities.--(1) The President shall 
provide to any adjoining State those opportunities for review and 
comment regarding any response action at a facility owned or operated 
by the Department of Energy that are provided to the State in which 
such facility is located pursuant to paragraph (5) of subsection (n).
    ``(2) The State in which a facility owned or operated by the 
Department of Energy is located may enter into a Memorandum of 
Understanding with an adjoining State addressing issues of mutual 
concern regarding response actions at the facility.
    ``(3) Whenever the State in which a facility owned or operated by 
the Department of Energy is located brings an action under this Act to 
compel the implementation of a remedial action pursuant to this Act at 
such facility, any adjoining State may intervene as a matter of right 
in such action.
    ``(4) For purposes of this subsection, the term `adjoining State' 
means any State (other than the State in which a facility owned or 
operated by the Department of Energy is located) that is located within 
50 miles of a facility owned or operated by a department, agency, or 
instrumentality of the United States.''.

SEC. 103. PUBLIC PARTICIPATION.

    Section 117 (42 U.S.C. 9617) is amended by striking subsection (e) 
and inserting the following:
    ``(e) Grants for Technical Assistance.--
            ``(1) Authority.--In accordance with the rules promulgated 
        by the President, the President may make grants available to 
        any group of individuals which may be affected by the release 
        or threatened release of hazardous substances at any facility 
        on the National Priorities List. Such grants shall be known as 
        Technical Assistance Grants. To ensure that the application 
        process is accessible to all affected citizens, the President 
        shall periodically review such process and, based on such 
        review, shall implement appropriate changes to the application 
        process to improve access.
            ``(2) Special rules.--No matching contribution shall be 
        required for a Technical Assistance Grant. The President shall 
        make a portion of the grant available to the grant recipient, 
        in advance of the expenditures to be covered by the grant, in 
        $5,000 installments.
            ``(3) Representative of the community.--The President shall 
        publish guidance for determining that the recipient of any 
        Technical Assistance Grant award is a legitimate representative 
        of the community affected by the facility.
            ``(4) Limit per facility.--Not more than one grant may be 
        made under this subsection with respect to a single facility, 
        but the grant may be renewed to facilitate public participation 
        at all stages of response action. Limits shall be established 
        with respect to the number of years for which grants may be 
        available based on the duration, type, and extent of response 
        activity at a facility.
            ``(5) Funding limit.--Not more than $20,000,000 may be used 
        for grants under this subsection in any one fiscal year.
            ``(6) Funding amount.--The initial amount of any grant 
        under this subsection may not exceed $50,000 for a single grant 
        recipient. However, the President shall increase the amount of 
        the initial grant, as appropriate, to reflect the complexity of 
        response action, the nature and extent of contamination at the 
        facility, the level of facility activity, projected total needs 
        as requested by the grant recipient, the size and diversity of 
        the affected population, and the ability of the grant recipient 
        to identify and raise funds from other sources.
            ``(7) Authorized grant activities.--
                    ``(A) Interpretation of information.--Grants 
                awarded under this subsection may be used to obtain 
                technical assistance in interpreting information with 
                regard to (i) the nature of the hazard at a facility; 
                (ii) the remedial investigation and feasibility study; 
                (iii) the record of decision; (iv) the selection, 
                design, and construction of the remedial action; (v) 
                operation and maintenance; (vi) removal activities at 
                such facility; or (vii) natural resource damage 
                assessments that have been conducted.
                    ``(B) Additional activities.--Grants awarded under 
                this section also may be used (i) to obtain technical 
                assistance in interpreting information used to rank 
                facilities according to the Hazard Ranking System, (ii) 
                for assessing a remedy selection decision, (iii) to 
                hire health and safety experts to advise affected 
                residents on health assessment and contamination data 
                gathering efforts and response activities, and (iv) to 
                generate documents as necessary to ensure full 
                participation by the grant recipient.
                    ``(C) Limitations.--Grants awarded under this 
                section may not be used for the purposes of conducting 
                soil or ground water sampling or laboratory analysis at 
                an affected facility.
            ``(8) Use of experts.--Technical or other experts hired by 
        grant recipients under this subsection shall be hired by such 
        recipients pursuant to guidelines developed by the President.
    ``(f) Improving Citizen and Community Participation in the 
Superfund Decisionmaking Process.--(1) The President shall take such 
steps as necessary to provide for meaningful public participation in 
significant phases of response actions under this Act, to the extent 
warranted by the public interest.
    ``(2) To the extent practicable, before or during the health 
assessments and site inspection, the President shall solicit and 
evaluate concerns, interests, and information from the community likely 
affected by the facility. The evaluation shall include, as appropriate, 
face-to-face community surveys to identify the location of private 
drinking water wells, historic and current or potential use of water, 
and other environmental resources in the community; a public meeting; 
written responses to significant concerns; and other appropriate 
participatory activities.
    ``(3) During the remedial investigation and feasibility study, the 
President shall solicit the views and preferences of the affected 
community on the remediation and disposition of hazardous substances at 
the facility. The views and preferences of affected community members 
shall be described in the remedial investigation and feasibility study 
and considered in the screening of remedial alternatives for the 
facility.
    ``(4) Members of the affected community may propose remedial 
alternatives to the President, and the President shall consider such 
alternatives in the same manner as the President considers alternatives 
proposed by potentially responsible parties.
    ``(5) The President shall make all nonprivileged information 
available to the public throughout all phases of response action at the 
facility. Such information shall be made available to the public for 
inspection and copying without the need to file a formal request 
subject to reasonable service charges as appropriate.
    ``(6)(A) The President, in carrying out responsibilities under this 
Act, shall ensure that the presentation of information on risk is 
unbiased and informative. The results of any facility-specific risk 
evaluation shall contain an explanation that clearly communicates the 
risks at the facility, and shall--
            ``(i) identify and explain all significant assumptions used 
        in the evaluation, as well as alternative assumptions, the 
        policy or value judgments used in choosing the assumptions, and 
        whether empirical data conflict with or validate the 
        assumptions;
            ``(ii) present a range and distribution of exposure and 
        risk estimates and, if numerical estimates are provided--
                    ``(I) central estimates of exposure and risk using 
                the most plausible assumptions given the weight of 
                current scientific information available to the 
                President, and
                    ``(II) a statement of the nature and magnitude of 
                the scientific uncertainties associated with such 
                estimates;
            ``(iii) include the size of the population potentially at 
        risk from releases from the facility, the exposure scenario 
        used, and the likelihood that such potential exposures will 
        occur based on the current or reasonably anticipated future 
        uses of the land, water, or other resources; and
            ``(iv) compare risks with estimates of greater, lesser, and 
        substantially equivalent risks that are familiar to and 
        routinely encountered by the general public as well as other 
        risks, and, where appropriate and meaningful, comparison of 
        those risks with other similar risks regulated by the Federal 
        agency resulting from comparable activities and exposure 
        pathways.
    ``(B) To the maximum extent practicable, documents made available 
to the general public which purport to describe the degree of risk to 
human health shall, at a minimum, provide information specified in 
subparagraph (A) or a meaningful reference to such information in 
another document reasonably available to the public.''.

SEC. 104. COMMUNITY ASSISTANCE GROUPS.

    Section 117 (42 U.S.C. 9617) is amended by adding after subsection 
(f) (as added by this Act) the following new subsection:
    ``(g) Community Assistance Groups.--
            ``(1) Creation and responsibilities.--The President shall 
        provide the opportunity for the establishment of a 
        representative public forum, known as a Community Assistance 
        Group (CAG), to achieve direct and meaningful consultation with 
        all interested parties on a regular basis throughout all stages 
        of a response action whenever--
                    ``(A) the President determines such a group will be 
                helpful; or
                    ``(B) 50 citizens, or at least 20 percent of the 
                population of a locality in which the National 
                Priorities List facility is located, submit a petition 
                to the President requesting that a Community Assistance 
                Group to be established.
            ``(2) Duties.--Each Community Assistance Group shall 
        provide information and views to the President, and, as 
        appropriate, any or all of the following: the Agency for Toxic 
        Substances and Disease Registry, State regulatory agencies, 
        Federal and State natural resource trustees, and potentially 
        responsible parties conducting response actions. The 
        information and views reported shall include the various 
        subjects related to facility remediation, including facility 
        health studies, potential remedial alternatives, and selection 
        and implementation of remedial and removal actions. The 
        Community Assistance Group shall attempt to achieve consensus 
        among its members before reporting positions to agencies or 
        potentially responsible parties. In cases in which consensus 
        cannot be reached, the Community Assistance Group shall allow 
        the presentation of divergent views.
            ``(3) Recommendations for use of resources.--To obtain 
        greater community support for remedial decisions affecting 
        future use of land, water, and other resources, the President 
        shall consult with the CAG regarding the current and reasonably 
        anticipated future use of such resources at the facility and 
        any institutional controls required to assure that resource use 
        determinations remain in effect. The CAG may offer 
        recommendations on the current and reasonably anticipated 
        future uses of land, water, and other resources at the facility 
        to the President at any time prior to the selection of a remedy 
        at the facility but may not impair the progress of the remedial 
        action. The recommendation shall consider at a minimum future 
        facility waste management needs and the criteria in section 
        121(b)(2). The President shall not be bound by any 
        recommendation of the CAG. Should the President make a 
        determination that is inconsistent with a consensus CAG 
        recommendation, the President shall issue a written explanation 
        for the inconsistency.
            ``(4) Community assistance group members.--Members shall 
        serve on the Community Assistance Group without pay. Membership 
        on the Community Assistance Group shall not exceed 20 persons. 
        The President shall solicit and accept nominations for the 
        Community Assistance Group membership. Final selection of CAG 
        members shall be made by the President. The CAG shall be 
        chaired by a representative of the local community where 
        practical. Each Community Assistance Group shall, to the extent 
        practicable, reflect the composition of the community near the 
        facility. Local residents shall comprise no less than 50 
        percent of the total membership of the CAG. Where relevant, the 
        President shall allow members of the following groups 
        representation on a CAG:
                    ``(A) Persons residing or owning residential 
                property near the facility or persons who may be 
                directly affected by the releases from the facility. At 
                least one person in this group shall represent the 
                Technical Assistance Grant recipient if such a grant 
                has been awarded under subsection (e).
                    ``(B) Persons who, although not residing or owning 
                property near the facility, may be potentially affected 
                by releases from the facility.
                    ``(C) Members of the local medical community 
                practicing in the community or local public health 
                officials.
                    ``(D) Representatives of local Indian tribes or 
                Indian communities.
                    ``(E) Local government which may include pertinent 
                city or county governments, or both, and any other 
                governmental unit which regulates land use in the 
                vicinity of the facility.
                    ``(F) Workers at the facility who will be involved 
                in actual response operations.
                    ``(G) Workers employed at the facility during 
                facility operation.
                    ``(H) Facility owners.
                    ``(I) Potentially Responsible Parties (PRPs) who 
                represent, wherever practicable, a balance of PRP 
                interests.
                    ``(J) Members of the local business community.
            ``(5) Technical and administrative support for community 
        assistance groups.--Where practical, the President shall 
        provide administrative services and meeting facilities for 
        Community Assistance Groups. The Administrator of the 
        Environmental Protection Agency, the Administrator of the 
        Agency for Toxic Substances and Disease Registry and the State, 
        as appropriate, shall participate in Community Assistance Group 
        meetings to provide information and technical expertise, but 
        shall not be members of the Community Assistance Group.
            ``(6) Technical assistance grants.--If a community 
        assistance group exists for a facility, it shall be the sole 
        entity eligible for technical assistance grants specified in 
        this subsection. Wherever a technical assistance grant 
        concerning a facility has been awarded, the recipients of such 
        grant shall coordinate their activities and share their 
        information and technical expertise with the Community 
        Assistance Group. In such cases, one person representing the 
        grantee shall serve on the Community Assistance Group.
            ``(7) Other public comment.--The existence of a CAG shall 
        not diminish any other obligation of the President to consider 
        the views of any person in selecting response actions under 
        this Act.''.

SEC. 105. HAZARD RANKING SYSTEM AND REVISION OF NATIONAL CONTINGENCY 
              PLAN.

    (a) In General.--Section 105(c) (42 U.S.C. 9605(c)) is amended by 
inserting after paragraph (4) the following new paragraphs:
            ``(5) Risk prioritization.--In setting priorities under 
        subsection (a)(8), the President shall place highest priority 
        on facilities with releases of hazardous substances which 
        result in actual ongoing human exposures at levels of public 
        health concern or demonstrated adverse health effects as 
        identified in a health assessment conducted by the Agency for 
        Toxic Substances and Disease Registry.
            ``(6) Prior response action.--Any evaluation under this 
        section shall take into account all prior response actions 
        taken at the facility.''.

SEC. 106. DISEASE REGISTRY AND MEDICAL CARE PROVIDERS.

    Section 104(i)(1) (42 U.S.C. 9604(i)(1)) is amended as follows:
            (1) By amending subparagraph (A) to read as follows:
            ``(A) in cooperation with the States, for scientific 
        purposes and public health purposes, establish and maintain a 
        national registry of persons exposed to toxic substances;''.
            (2) In subparagraph (E), by striking ``admission to 
        hospitals and other facilities and services operated or 
        provided by the Public Health Service'' and inserting 
        ``referral to accredited medical care providers''.

SEC. 107. DETERMINING HEALTH EFFECTS.

    Section 104(i)(5)(A) (42 U.S.C. 9604(i)(5)(A)) is amended as 
follows:
            (1) By striking ``designed to determine the health effects 
        (and techniques for development of methods to determine such 
        health effects) of such substance'' and inserting ``conducted 
        directly or by means such as cooperative agreements and grants 
        with appropriate public and nonprofit institutions. The 
        research shall be designed to determine the health effects (and 
        techniques for development of methods to determine such health 
        effects) of the substance''.
            (2) By redesignating clause (iv) as clause (v).
            (3) By striking ``and'' at the end of clause (iii).
            (4) By inserting after clause (iii) the following new 
        clause:
            ``(iv) laboratory and other studies which can lead to the 
        development of innovative techniques for predicting organ-
        specific, site-specific, and system-specific acute and chronic 
        toxicity; and''.

SEC. 108. PUBLIC HEALTH AT NPL FACILITIES.

    Section 104(i)(6) (42 U.S.C. 9604(i)(6)) is amended as follows:
            (1) By amending subparagraph (A) to read as follows:
    ``(A)(i) The Administrator of ATSDR shall perform a preliminary 
public health assessment for each facility, including those facilities 
owned by any department, agency, or instrumentality of the United 
States, on the National Priorities List and those sites that are the 
subject of a petition under section 104(i)(6)(B). The preliminary 
public health assessment shall be commenced as soon as practicable 
after each facility is proposed for inclusion on the National 
Priorities List or ATSDR accepts a petition for a health assessment. 
Where indicated by the preliminary public health assessment, ATSDR 
shall conduct a public health assessment of those sites posing a health 
hazard which should be considered in selecting the remedial action.
    ``(ii) The Administrator of ATSDR shall design public health 
assessments that take into account the needs and conditions of the 
affected community, in cooperation with States.
    ``(iii) The Administrator of the Environmental Protection Agency 
shall place highest priority on facilities with releases of hazardous 
substances which result in actual ongoing human exposures at levels of 
public health concern or adverse health effects as identified in a 
public health assessment conducted by the Agency for Toxic Substances 
and Disease Registry.''.
            (2) In subparagraph (D), by inserting ``(i)'' after ``(D)'' 
        and by adding the following at the end of the subparagraph: 
        ``the President and the Administrator of ATSDR shall develop 
        strategies to obtain relevant on-site and off-site 
        characterization data for use in the health assessment, the 
        President shall, to the maximum extent practicable, provide the 
        Administrator of ATSDR with the data and information necessary 
        to make public health assessments sufficiently prior to the 
        initiation of remedial actions to allow ATSDR to complete these 
        assessments. Where deemed appropriate, the Administrator of 
        ATSDR shall provide to the President as soon as practicable 
        after site discovery, recommendations for sampling 
        environmental media for hazardous substances of public health 
        concern. To the extent feasible, the President shall 
        incorporate such recommendations into its site investigation 
        activities.
    ``(ii) In order to improve community involvement in health 
assessments, the Administrator of ATSDR shall carry out each of the 
following duties:
            ``(I) The Administrator of ATSDR shall actively collect 
        from Community Assistance Groups (`CAGs') and from other 
        sources in communities affected or potentially affected by 
        releases of hazardous substances data regarding exposure, 
        relevant human activities, and other factors.
            ``(II) The Administrator of ATSDR shall design health 
        assessments that take into account the needs and conditions of 
        the affected community. Community-based research models, 
        building links to local expertise and local health resources 
        should be used. In preparing such designs, emphasis shall be 
        placed on collection of actual exposure data and sources of 
        multiple exposure shall be considered.''.
            (3) In subparagraph (H), by striking ``health assessment'' 
        each place it appears and inserting ``public health 
        assessment''.

SEC. 109. HEALTH STUDIES.

    Subparagraph (A) of section 104(i)(7) (42 U.S.C. 9604(i)(7)) is 
amended to read as follows: ``(A) Whenever in the judgment of the 
Administrator of ATSDR it is appropriate on the basis of the results of 
a public health assessment or on the basis of other appropriate 
information, the Administrator of ATSDR shall conduct a human health 
study of exposure or other health effects for selected groups or 
individuals in order to determine the desirability of conducting full 
scale epidemiologic or other health studies of the entire exposed 
population.''.

SEC. 110. DISTRIBUTION OF MATERIALS TO HEALTH PROFESSIONALS AND MEDICAL 
              CENTERS.

    Paragraph (14) of section 104(i) (42 U.S.C. 9604(i)) is amended to 
read as follows:
    ``(14) In implementing this subsection and other health-related 
provisions of this Act in cooperation with the States, the 
Administrator of ATSDR shall--
            ``(A) assemble, develop as necessary, and distribute to the 
        States, medical colleges, physicians, nursing institutions, 
        nurses, and other health professionals and medical centers, 
        appropriate educational materials (including short courses) on 
        the medical surveillance, screening, and methods of prevention, 
        diagnosis, and treatment of injury or disease related to 
        exposure to hazardous substances (giving priority to those 
        listed in paragraph (2)), through means the Administrator of 
        ATSDR considers appropriate; and
            ``(B) assemble, develop as necessary, and distribute to the 
        general public and to at-risk populations appropriate 
        educational materials and other information on human health 
        effects of hazardous substances.''.

SEC. 111. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES.

    Section 104(i)(15) (42 U.S.C. 6904(i)(15)) is amended as follows:
            (1) By inserting ``(A)'' before ``The activities''.
            (2) In the first sentence, by striking ``cooperative 
        agreements with States (or political subdivisions thereof)'' 
        and inserting ``grants, cooperative agreements, or contracts 
        with States (or political subdivisions thereof), other 
        appropriate public authorities, public or private institutions, 
        colleges, universities, and professional associations''.
            (3) In the second sentence, by inserting ``public'' before 
        ``health assessments''.
            (4) By adding at the end the following new subparagraphs:
    ``(B) When a public health assessment is conducted at a facility on 
the National Priorities List, or a facility is being evaluated for 
inclusion on the National Priorities List, the Administrator of ATSDR 
may provide the assistance specified in this paragraph to public or 
private nonprofit entities, individuals, and community-based groups 
that may be affected by the release or threatened release of hazardous 
substances in the environment.
    ``(C) the Administrator of the Agency for Toxic Substances and 
Disease Registry, pursuant to the grants, cooperative agreements and 
contracts referred to in this paragraph, is authorized and directed to 
provide, where appropriate, diagnostic services, health data registries 
and preventative public health education to communities affected by the 
release of hazardous substances.''.

SEC. 112. REMOVAL ACTIONS.

    Section 104(c)(1) (42 U.S.C. 9604(c)(1)) is amended--
             (1) by striking ``consistent with the remedial action to 
        be taken'' and inserting ``not inconsistent with any remedial 
        action that has been selected or is anticipated at the time of 
        the removal action,'';
            (2) by striking ``$2,000,000'' and inserting 
        ``$3,000,000''; and
            (3) by striking ``12 months'' and inserting ``two years''.

SEC. 113. HAZARDOUS SUBSTANCE PROPERTY USE.

    Section 104 (42 U.S.C. 9604) is amended by adding at the end the 
following:
    ``(k) Hazardous Substance Property Use.--
            ``(1) Authority of president to acquire easements.--In 
        order to prevent exposure to, reduce the likelihood of, or 
        otherwise respond to a release or threatened release of a 
        hazardous substance, the President may acquire, at fair market 
        value, or for other consideration as agreed to by the parties, 
        a hazardous substance easement which restricts, limits, or 
        controls the use of land, water, or other natural resources, 
        including specifying permissible or impermissible uses of land, 
        prohibiting specified activities upon property, prohibiting the 
        drilling of wells or use of ground water, or restricting the 
        use of surface water.
            ``(2) Use of easements.--A hazardous substance easement and 
        notice of a property use restriction under this subsection may 
        be used wherever institutional controls have been selected as a 
        component of a removal or remedial action in accordance with 
        this Act and the National Contingency Plan. Such easements and 
        notices shall not be used in cases in which institutional 
        controls are not relied upon in a removal or remedial action. 
        Whenever such controls are selected as a component of a removal 
        or remedial action, the President shall ensure that the terms 
        of the controls and, as appropriate, the easement are specified 
        in all appropriate decision documents, enforcement orders, and 
        public information regarding the site.
            ``(3) Persons subject to easements.--A hazardous substance 
        easement shall be enforceable for 20 years and may be renewed 
        for additional 20-year periods (unless terminated and released 
        as provided for in this section) against any owner of the 
        affected property and all persons who subsequently acquire 
        interest in the property or rights to use the property, 
        including lessees, licensees, and any other person with an 
        interest in the property, without respect to privity or lack of 
        privity of estate or contract, lack of benefit running to any 
        other property, assignment of the easement to another party, or 
        any other circumstance which might otherwise affect the 
        enforceability of easements or similar deed restrictions under 
        the laws of the State. The easement shall be binding upon 
        holders of any other interests in the property regardless of 
        whether such interests are recorded or whether they were 
        recorded prior or subsequent to the easement, and shall remain 
        in effect notwithstanding any foreclosure or other assertion of 
        such interests.
            ``(4) Contents of easements.--A hazardous substance 
        easement shall contain, at a minimum--
                    ``(A) a legal description of the property affected;
                    ``(B) the name or names of any current owner or 
                owners of the property as reflected in public land 
                records;
                    ``(C) a description of the release or threatened 
                release; and
                    ``(D) a statement as to the nature of the 
                restriction, limitation, or control created by the 
                easement.
            ``(5) Use restriction notice.--Whenever the President 
        acquires a hazardous substance easement or assigns a hazardous 
        substance easement to another party, the President shall record 
        a notice of property use restriction in the public land records 
        for the jurisdiction in which the affected property is located. 
        Such a notice shall specify restrictions, limitations, or 
        controls on the use of land, water, or other natural resources 
        provided for in the hazardous substance easement.
            ``(6) Filing of notice.--Wherever recording in the public 
        land records is required under this subsection, the President 
        shall file the notice or other instrument in the appropriate 
        office within the State (or governmental subdivision) in which 
        the affected property is located, as designated by State law. 
        If the State has not by law designated one office for the 
        recording of interests in real property or claims or rights 
        burdening real property, the document or notice shall be filed 
        in the office of the clerk of the United States district court 
        for the district in which the affected property is located.
            ``(7) Methods of acquiring easements.--The President may 
        acquire a hazardous substance easement by purchase or other 
        agreement, by condemnation, or by any other means permitted by 
        law. Compensation for such easement shall be at fair market 
        value, or for other consideration as agreed to by the parties, 
        for the interest acquired. The direct cost of such easements, 
        ensuring adequate public notice of such easements, and 
        otherwise tracking and maintaining the protections afforded by 
        the easements shall be considered response costs which are 
        recoverable under this Act.
            ``(8) Assignment of easements to parties other than the 
        president.--
                    ``(A) Authority to assign.--The President may 
                assign an easement acquired under this subsection to a 
                State or other governmental entity that has the 
                capability of effectively enforcing the easement over 
                the period of time necessary to achieve the purposes of 
                the easement. In the case of any assignment, the 
                easement shall be fully enforceable by the assignee. 
                Any assignment of such an easement by the President may 
                be made by following the same procedures as are used 
                for the transfer of an interest in real property to a 
                State under section 104(j).
                    ``(B) Effect of assignment.--Any interest in 
                property granted to a State or other governmental 
                entity which restricts, limits, or controls the use of 
                land, water, or other natural resources in order to 
                prevent exposure to, reduce the likelihood of, or 
                otherwise respond to, a release or threatened release 
                of a hazardous substance, and which is expressly 
                designated in writing as a hazardous substance easement 
                within the meaning of this paragraph, shall create the 
                same rights, have the same legal effect, and be 
                enforceable in the same manner as a hazardous substance 
                easement held by the President regardless of whether 
                the interest in property is otherwise denominated as an 
easement, covenant, or any other form of property right.
            ``(9) Public notice.--Not later than 180 days after the 
        date of the enactment of this subsection, the President shall 
        issue regulations regarding the procedures to be used for 
        public notice of proposed property use restrictions. Such 
        regulations shall ensure that before acquiring a hazardous 
        substance easement, and before recording any notice of such 
        easement, the President will give notice and an opportunity to 
        comment to the owner of the affected property, all other 
        persons with recorded interests in the property, any lessees or 
        other authorized occupants of the property known to the 
        President, the State and any municipalities in which the 
        property is located, any relevant community assistance group 
        established under section 117, the affected community, and the 
        general public.
            ``(10) Termination of easements.--An easement acquired 
        under this subsection shall remain in force until it expires by 
        its terms or until the holder of the easement executes and 
        records a termination and release in accordance with the terms 
        of the easement and approved by the Administrator of the 
        Environmental Protection Agency or the relevant assignee. Such 
        termination shall be recorded in the same manner as the 
        easement.
            ``(11) Enforcement.--
                    ``(A) Effect of violations.--Violation of any 
                restriction, limitation, or control imposed under a 
                hazardous substance easement shall have the same effect 
                as failure to comply with an order issued under section 
                106 and relief may be sought either in enforcement 
                actions under section 106(b)(1), section 120(g), or 
                section 127(e) or in citizens suits under section 310. 
                No citizens suit under section 310 to enforce such a 
                notice may be commenced if the holder of the easement 
                has commenced and is diligently prosecuting an action 
                in court to enforce the easement.
                    ``(B) Enforcement actions.--The President may take 
                appropriate enforcement actions to ensure compliance 
                with the terms of the easement whenever the 
                Administrator of the Environmental Protection Agency 
                determines that the terms set forth in the easement are 
                being violated. If the easement has been assigned to a 
                party other than the President and that party has not 
                taken appropriate enforcement actions, the President 
                may notify the assignee of the violation. If the party 
                does not take appropriate enforcement actions within 30 
                days of such notification, or sooner in the case of an 
                imminent hazard, the President may initiate such 
                enforcement actions.
            ``(12) Applicability of other provisions.--Holding a 
        hazardous substance easement shall not subject either the 
        holder thereof or the owner of the affected property to 
        liability under section 107. Any such easement acquired by the 
        President shall not be subject to the requirements of section 
        104(j) or 120(h).''.

SEC. 114. JUDICIAL REVIEW OF REMEDY.

    Section 113(h) (42 U.S.C. 9613(h)) is amended by adding the 
following new paragraph at the end thereof:
            ``(6) Any action to review a final record of decision 
        regarding the selection of a remedy under this Act.''.

SEC. 115. EFFECTIVE DATE AND TRANSITION RULES.

    (a) Effective Date.--The amendments made by this title shall become 
effective upon the date of enactment of this Act for facilities where 
no final record of decision under section 121 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 has 
been published.
    (b) Review of Ongoing Remedial Actions.--(1) Not later than 270 
days after the date of the enactment of this Act, any person with a 
substantial interest at a facility or any State or any Federal official 
overseeing a federally-funded remediation at a site where a final 
record of decision under section 121 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 has been published, 
but remedial action has not been completed (including operations and 
maintenance), may petition the President for review of the selected 
remedial action and request that an alternative remedy consistent with 
the amendments made by this title be selected. Not later than 180 days 
after receipt of such a request, the President shall issue a written 
determination regarding the request in accordance with this subsection.
    (2) As part of a review conducted under paragraph (1) with respect 
to ongoing remedial measures, if the President determines that 
selection of an alternative remedy consistent with the amendments made 
by this title will result in a total life-cycle cost savings relative 
to the remedy selected in the applicable record of decision of at least 
$1,000,000 and the alternative remedy would protect human health and 
the environment from realistic and significant risks, the President 
shall select such an alternative and modify the record of decision 
accordingly. In determining life-cycle cost savings, the President 
shall deduct administrative and other costs to States, Federal 
agencies, and other parties encumbered by changing remedies.
    (3) Decisions on petitions submitted under this subsection shall be 
subject to judicial review if acceptance of such petition is refused or 
approval of such petition is denied.
    (4) At any site where a petition to review the selected remedial 
action is accepted by the President, the President shall provide an 
opportunity for public notice and comment and an opportunity to 
establish a Community Assistance Group as provided for in section 
117(g) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980.
    (5) Nothing in this section shall prohibit the President from 
modifying records of decision under other applicable authority or 
procedures.

                          TITLE II--LIABILITY

                          TITLE II--LIABILITY

Sec. 201. Retroactive liability discount.
Sec. 202. Reimbursement for certain retroactive municipal landfill 
                            liability.
Sec. 203. Additional liability exemptions and limitations.
Sec. 204. Clarifications of certain liability.
Sec. 205. Illegal activities.
Sec. 206. Amendments to section 106.
Sec. 207. Allocation procedures.
Sec. 208. Civil proceedings.
Sec. 209. Limitations on contribution actions.
Sec. 210. Liability of response action contractors.
Sec. 211. Enhancement of settlement authorities.
Sec. 212. Professional services.
Sec. 213. Final covenants.
Sec. 214. Expedited final settlements.
Sec. 215. Clarification of liability for recycling transactions.
Sec. 216. Information gathering and access.

SEC. 201. RETROACTIVE LIABILITY DISCOUNT.

    (a) Liability Discount.--Section 112 (42 U.S.C. 9612) is amended by 
adding the following new subsection at the end:
    ``(g) Reimbursement for Retroactive Liability.--(1) In the case of 
a facility or vessel not owned by the United States listed on the 
National Priorities List, a person (other than the United States or any 
department, agency, or instrumentality of the United States) shall be 
eligible for reimbursement from the Fund for 50 percent of any costs 
referred to in section 107(a) paid or incurred by such person after 
October 18, 1995, to the extent that--
            ``(A) such person's liability under section 107 is 
        attributable to a status or activity of such person (as 
        described in paragraph (1), (2), (3), or (4) of subsection (a)) 
        that existed or occurred prior to January 1, 1987, and
            ``(B) such costs are attributable to response activities 
        carried out after October 18, 1995.
    ``(2) Any person eligible for reimbursement under this subsection 
may apply to the President for such reimbursement in accordance with 
subsection (i). This subsection shall apply to judicial and 
administrative orders issued, and settlements entered into, under 
section 107 or section 106 before, on, or after the enactment of this 
subsection.''

SEC. 202. REIMBURSEMENT FOR CERTAIN RETROACTIVE MUNICIPAL LANDFILL 
              LIABILITY.

    Section 112 (42 U.S.C. 9612) is amended by adding the following new 
subsection at the end:
    ``(h) Municipal Landfills.--Any person (other than the United 
States or any department, agency, or instrumentality of the United 
States) incurring costs for the performance of a response action after 
October 18, 1995, in compliance with an order issued under section 106 
or pursuant to a settlement with the United States or with any State or 
otherwise shall complete the person's obligations under such order or 
settlement. Such person shall be eligible for reimbursement from the 
fund for any portion of the costs incurred for the performance of such 
response action if such person is not liable for such costs by reason 
of the municipal landfill exemption under section 107(n)(2). Any person 
eligible for reimbursement under this subsection may apply to the 
President for such reimbursement in accordance with subsection (i).''.
    (b) Rules for Reimbursement Under Subsections (g) and (h).--Section 
112 (42 U.S.C. 9612) is amended by adding the following new subsection 
at the end:
    ``(i) Application for Reimbursement; Rules.--Reimbursement under 
subsections (g) and (h) shall be made upon receipt by the President of 
an application from the person requesting reimbursement. Such 
reimbursement shall be made pursuant to such rules as may be 
established by the President under this subsection. The President shall 
promulgate such rules within 6 months after the enactment of the Reform 
of Superfund Act of 1995. Such rules shall, at a minimum, require that 
an application for reimbursement contain such documentation of costs 
and expenditures as the President deems necessary to assure compliance 
with this subsection. In the case of persons obligated to make more 
than one payment under section 107 or section 106 after the enactment 
of this subsection and persons obligated to incur response costs under 
section 106 after the enactment of this subsection, such an application 
may be made no more frequently than every 6-months after such payments 
are made or such costs are incurred, commencing 6 months after the 
enactment of this subsection. The President shall develop and implement 
such procedures as may be necessary to provide reimbursement to such 
persons in an expeditious manner. No reimbursement shall be made under 
this subsection unless the President determines that such costs are 
consistent with the National Contingency Plan.''.

SEC. 203. ADDITIONAL LIABILITY EXEMPTIONS AND LIMITATIONS.

    (a) In General.--Section 107 is amended by adding the following at 
the end thereof:
    ``(n) Exemptions and Limitations of Liability.--
            ``(1) De Minimis contributor exemption from retroactive 
        liability.--In the case of a facility or vessel not owned by 
        the United States listed on the National Priorities List, no 
        person described in paragraph (3) or (4) of subsection (a) 
        (other than the United States or a department, agency or 
        instrumentality of the United States) shall be liable under 
        subsection (a) for any costs under this section if no activity 
        of such person described in such paragraph (3) or (4)--
                    ``(A) occurred after January 1, 1987, and
                    ``(B) resulted in the disposal or treatment of more 
                than 1 percent of the volume of materials containing 
                hazardous substances at such facility or vessel.
            ``(2) Municipal landfills.--
                    ``(A) Exemption from liability.--Subject to 
                subparagraph (B), no person (other than the United 
                States or a department, agency or instrumentality of 
                the United States) shall be liable for costs or damages 
                referred to in subsection (a) with respect to a release 
                or threatened release of a hazardous substance from a 
                facility that--
                            ``(i) on June 15, 1995, was listed on the 
                        National Priorities List; and
                            ``(ii) on or before June 15, 1995, was 
                        authorized by the appropriate State or local 
                        government authority to accept, and did accept 
                        for disposal household waste (from single and 
                        multiple dwellings, hotels, motels, and other 
                        residential sources).
                    ``(B) Limitation.--The exemption provided by 
                subparagraph (A) shall not apply with respect to a 
                release or threatened release of a hazardous substance 
                from--
                            ``(i) a facility owned or operated by a 
                        department, agency, or instrumentality of the 
                        United States (including the executive, 
                        legislative, and judicial branches of 
                        government); or
                            ``(ii) a facility that is subject to 
                        regulation under subtitle C of the Solid Waste 
                        Disposal Act (42 U.S.C. 6921-6939e).
            ``(3) Municipal solid waste and sewage sludge.--No person 
        (other than the United States or a department, agency or 
        instrumentality of the United States) shall be liable under 
        this section for costs or damages at any facility not owned by 
        the United States listed on the National Priorities List to the 
        extent liability at such facility is based solely on paragraph 
        (3) or (4) of this subsection if such person--
                    ``(A) arranged for disposal, treatment, or 
                transport for disposal or treatment, or accepted for 
                transport for disposal or treatment of only municipal 
                solid waste or sewage sludge owned or possessed by such 
                person, and
                    ``(B) is (i) the owner, operator, or lessee of 
                residential property, (ii) a small business; or (iii) a 
                small non-profit organization.
        This paragraph shall have no effect on the liability of any 
        other person.
            ``(4) De micromis exemption.--No person (other than the 
        United States or a department, agency or instrumentality of the 
        United States) shall be liable under this section for costs or 
        damages at any facility not owned by the United States listed 
        on the National Priorities List to the extent liability at such 
        facility is based solely on paragraph (3) or (4) of subsection 
        (a), and the person can demonstrate that it arranged for 
        disposal or treatment, or transport for disposal or treatment 
        or accepted for transport for disposal or treatment, 110 
        gallons or less of liquid materials containing hazardous 
        substances or pollutants or contaminants or less, 200 pounds or 
        less of solid materials containing hazardous substances or 
        pollutants or contaminants, or such greater or lesser amount as 
        the Administrator may determine by regulation. The exemption 
        provided by this paragraph shall not apply where--
                    ``(A) such material has contributed or could 
                contribute significantly to the costs of response at 
                the facility, or
                    ``(B) the person has failed to respond fully and 
                completely to information requests or administrative 
                subpoenas by the United States or by the allocator in 
                an allocation proceeding under this Act.
            ``(5) Facilities acquired by inheritance or bequest.--No 
        person shall be liable under this section for costs or damages 
        at any facility listed on the National Priorities List to the 
        extent liability at such facility is based solely on the 
        person's status as an owner under paragraph (1) of subsection 
        (a) for a release or threat of release from the facility, and 
        the person acquired the facility by inheritance or bequest if 
        the person--
                    ``(A) acquired the real property on which the 
                facility concerned is located after disposal or 
                placement of the hazardous substance took place;
                    ``(B) did not cause or contribute to the release or 
                threat of release; and
                    ``(C) exercised due care with respect to the 
                hazardous substance concerned, including precautions 
                against foreseeable acts of third parties, taking into 
                consideration the characteristics of such hazardous 
                substance, in light of all relevant facts and 
                circumstances.
            ``(6) Federal or state governmental entities.--No Federal 
        or State governmental entity or municipality shall be liable 
        under this section for costs or damages at any facility listed 
        on the National Priorities List to the extent the liability at 
        such facility is based solely on its--
                    ``(A) ownership of a road, street, or other right 
                of way or public transportation route (other than 
                railroad rights of way and railroad property) over 
                which hazardous substances are transported; or
                    ``(B) granting of a license or permit to conduct 
                business.
            ``(7) 10 percent limitation for msw and sewage sludge.--No 
        person (other than the United States or a department, agency or 
        instrumentality of the United States) shall be liable for more 
        than 10 percent of total response costs at a facility listed on 
        the National Priorities List, in the aggregate, to the extent 
        the person is liable solely under paragraph (3) or (4) of 
        subsection (a), and the arrangement for disposal, treatment, or 
        transport for disposal or treatment, or the acceptance for 
transport for disposal or treatment, involved only municipal solid 
waste or sewage sludge. In any case in which more than one person at a 
facility comes within the coverage of this paragraph, the 10 percent 
limitation on liability shall apply to the aggregate liability of all 
such persons. The provisions of paragraph (1) of section 203(c) of the 
Reform of Superfund Act of 1995 shall not apply with respect to any 
person exempt from liability under this paragraph.
            ``(8) Limitation for certain tax exempt organizations.--A 
        person's liability under this section with respect to a release 
        or threatened release from a vessel or facility listed on the 
        National Priorities List shall be limited to the lesser of the 
        fair market value of the vessel or facility or the actual 
        proceeds of the sale of the vessel or facility received by the 
        person, to the extent such liability is based solely on the 
        person's status under paragraph (1) of subsection (a) as owner 
        of the vessel or facility if the person--
                    ``(A) holding title, either outright or in trust, 
                to the vessel or facility is an organization described 
                in section 501(c)(3) of the Internal Revenue Code of 
                1986 and exempt from tax under section 501(a) of such 
                Code and holds such title as a result of a charitable 
                donation that qualifies under sections 170, 2055, or 
                2522 of such Code;
                    ``(B) exercised due care with respect to the 
                hazardous substance concerned, including precautions 
                against foreseeable acts of third parties, taking into 
                consideration the characteristics of such hazardous 
                substance, in light of all relevant facts and 
                circumstances;
                    ``(C) did not cause or contribute to the release or 
                threat of release; and
                    ``(D) acquired the real property on which the 
                facility concerned is located, or acquired the vessel, 
                after disposal or placement of the hazardous substance 
                took place.
            ``(9) Construction contractor exemption.--There shall be no 
        liability under subsection (a) of this section based solely on 
        a person's construction activities at a facility if such person 
        can demonstrate by a preponderance of evidence that such 
        construction activities were specifically directed by and 
        carried out in accordance with a contract with an owner or 
        operator of the facility.
            ``(10) Contiguous properties.--A person (other than the 
        United States or a department, agency or instrumentality of the 
        United States) who owns or operates real property that is 
        contiguous to or otherwise similarly situated with respect to 
        real property on which there has been a release or threatened 
        release of a hazardous substance and that is or may be 
        contaminated by such release shall not be liable under 
        subsection (a)(1) or (2) by reason of such ownership or 
        operation solely by reason of such contamination if such 
        person--
                    ``(A) did not cause, contribute, or consent to the 
                release or threatened release, and
                    ``(B) provides full cooperation, assistance, and 
                facility access to persons authorized to conduct 
                response actions at the facility.
        The President may issue an assurance of no enforcement action 
        under this Act to any such person and may grant any such person 
        protection against cost recovery and contribution actions 
        pursuant to section 113(f)(2). Such person may also petition 
        the President to exclude from the description of a National 
        Priorities List site such contiguous real property, if such 
        property is or may be contaminated solely by ground water that 
        flows under such property and is not used as a source of 
        drinking water. The President may grant such a petition 
        pursuant to such procedures as he deems appropriate.
            ``(11) Limitation.--This subsection shall not apply to any 
        person who impedes the performance of a response action or 
        natural resource restoration at the facility concerned.
            ``(12) Limitation on liability of railroad owners.--
        Notwithstanding section 107(a)(1), a person that does not 
        impede the performance of a response action or natural resource 
        restoration shall not be liable under this Act to the extent 
        that liability is based solely on the status of the person as a 
        railroad owner or operator of a spur track, including a spur 
        track over land subject to an easement, to a facility that is 
        owned or operated by a person that is not affiliated with the 
        railroad owner or operator, if--
                    ``(A) the spur track provides access to a main line 
                or branch line track that is owned or operated by the 
                railroad;
                    ``(B) the spur track is 10 miles long or less; and
                    ``(C) the railroad owner or operator does not cause 
                or contribute to a release or threatened release at the 
                spur track.''.
    (b) Conforming Amendment.--Section 107(a) is amended by striking 
``, and subject only to the defenses set forth in subsection (b) of 
this section''.
    (c) Effective Date and Transition Rules.--The amendments made by 
this section shall take effect with respect to actions under section 
106 or 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 which become final on or after the date of 
the enactment of this Act, except that such amendments shall not apply 
in the following:
            (1) Any action brought by any person other than the United 
        States under section 107 of such Act for contribution to costs 
        or damages incurred by such person before October 18, 1995.
            (2) Any action seeking indemnity, rights of defense or 
        other rights under any contract of indemnification or 
        insurance.

SEC. 204. CLARIFICATIONS OF CERTAIN LIABILITY.

    (a) Amount of Liability.--Section 107(c)(3) (42 U.S.C. 9607(c)(3)) 
is amended in the first sentence--
            (1) by inserting ``, in addition to liability for any 
        response costs incurred by the United States as a result of 
        such failure to take proper action,'' after ``person'' the 
        second time it appears; and
            (2) by striking ``at least equal to,'' and all that follows 
        through the end of the sentence and inserting ``up to three 
        times the amount of such response costs.''.
    (b) Clarification of Common Carrier Liability.--Section 107(b)(3) 
is amended by striking out ``from a published tariff and acceptance 
for'' and inserting ``exclusively from a contract for''.
    (c) Other Clarifications.--Section 107(a) (42 U.S.C. 9607(a)) is 
amended as follows:
            (1) In paragraph (1), by striking ``and'' and inserting 
        ``or''.
            (2) In paragraph (4)(B)--
                    (A) by striking ``other'' both places it appears; 
                and
                    (B) by inserting ``, other than the United States, 
                a State, or an Indian tribe,'' before the phrase 
                ``consistent with the national contingency plan''.
            (3) In paragraph (4), by striking ``by such person,'' and 
        all that follows through ``shall be liable for--'' and 
        inserting in lieu thereof the following: ``by such person--
from which there is a release, or a threatened release, that causes the 
incurrence of response costs, of a hazardous substance, shall be liable 
for--''.
            (4) By designating the text beginning with ``The amounts 
        recoverable'' and ending with ``this subsection commences.'' as 
        paragraph (5) and aligning the margin of such text with 
        paragraph (4).

SEC. 205. ILLEGAL ACTIVITIES.

    Title III is amended by adding the following new section at the end 
thereof:

``SEC. 313. ILLEGAL ACTIVITIES.

    ``Section 107(n) and section 112(g) shall not apply to any person 
whose liability under section 107(a) is based on any act, omission, or 
status that is determined by a court of competent jurisdiction, within 
the applicable statute of limitation, to have been illegal at the time 
the act or omission occurred or the status existed.''.

SEC. 206. AMENDMENTS TO SECTION 106.

    (a) Administrative Orders.--Section 106(a) (42 U.S.C. 9606(a)) is 
amended by adding at the end the following: ``The President may not 
amend such administrative orders or issue additional orders relating to 
the facility without a subsequent finding of an imminent and 
substantial endangerment. No order may be issued under this section 
against any person who would not be liable for costs or damages 
referred to in section 107(a). In any case in which the President 
issues an order to a person under this subsection, the President shall 
provide information concerning the evidence that indicates that each 
element of liability contained in section 107(a) is present.''.
    (b) Sufficient Cause.--Section 106(b)(1) (42 U.S.C. 9606(b)(1)) is 
amended--
            (1) by inserting ``(A)'' after ``(b)(1)'';
            (2) by striking ``to enforce such order'';
            (3) by inserting before the period ``, or be required to 
        comply with such order, or both, even if another person has 
        complied, or is complying, with the terms of the same order or 
        another order pertaining to the same facility and release or 
        threatened release''; and
            (4) by inserting at the end the following:
    ``(B) For purposes of this subsection and section 107(c)(3), a 
`sufficient cause' includes, without limitation, an objectively 
reasonable belief by the person to whom the order is issued that--
            ``(i) the person is not liable for any response costs under 
        section 107; or
            ``(ii) that the action to be performed pursuant to the 
        order is inconsistent with the national contingency plan.
    (c) Reimbursement.--Subsection (b) of section 106 (42 U.S.C. 
9606(b)) is further amended in the first sentence of paragraph (2)(A) 
by striking ``completion of'' and inserting ``the President determines 
that such person has completed''.
    (d) Limitation on Authority for Pre-enactment Releases.--Section 
106 is amended by adding the following new subsection at the end 
thereof:
    ``(d) Limitation on Authority for Pre-enactment Releases at Non-NPL 
Facilities.--
            ``(1) Post-enactment orders.--Except in the case of a 
        facility listed on the National Priorities List, no orders 
        issued under this section on or after the date of enactment of 
        this subsection addressing individual or cumulative releases of 
        hazardous substances from a facility before the enactment of 
        this subsection, may require:
                    ``(A) aggregate expenditures to be made at such 
                facility pursuant to this section in excess of 
                $3,000,000; or
                    ``(B) response actions to be taken after the date 2 
                years after the date on which the order is issued.
            ``(2) Pre-enactment orders.--Except in the case of a 
        facility listed on the National Priorities List, any order 
        issued under this section before the enactment of this 
        subsection addressing individual or cumulative releases of 
        hazardous substances from a facility before the enactment of 
        this subsection shall cease to have any force and effect after 
        the date on which aggregate expenditures made at such facility 
        after the enactment of this subsection pursuant to such order 
        have reached $3,000,000.''

SEC. 207. ALLOCATION PROCEDURES.

    Title I is amended by adding after section 127 (as added by section 
101) the following new section:

``SEC. 128. ALLOCATIONS AT MULTI-PARTY FACILITIES.

    ``(a) Triggering of Allocation Process.--
            ``(1) Mandatory allocations.--Except as provided in 
        paragraph (3) of this subsection, the President shall initiate 
        the allocation process established under this section--
                    ``(A) for any response action involving two or more 
                potentially responsible parties for which total costs 
                exceed $1,000,000 in the aggregate when such an 
                allocation is requested in writing by any potentially 
                responsible party who has (i) incurred response costs 
                with respect to a response action, (ii) resolved its 
                liability to the United States with respect to a 
                response action, or (iii) received an order pursuant to 
section 106 of this Act; and
                    ``(B) for any response action involving two or more 
                potentially responsible parties for which there is a 
                Fund reimbursable share under subsection (n).
            ``(2) Discretionary allocations.--For any response action 
        involving two or more potentially responsible parties other 
        than a response action described in subparagraph (A) or (B) of 
        paragraph (1), the President may, at the request in writing of 
        any potentially responsible party, initiate the allocation 
        process established under this section if the President deems 
        it appropriate.
            ``(3) Excluded facilities.--The allocation process 
        established under this section shall not apply to any response 
        action for which there has been a final settlement, decree, or 
        order that determines the allocated shares of all potentially 
        responsible parties with respect to such response action as of 
        the date of the enactment of this section.
            ``(4) Scope of allocations.--Each allocation under this 
        section shall apply to the costs of all response actions at a 
        facility that are selected by the President after the date of 
        the enactment of this section unless the allocator determines, 
        in his sole discretion, that it should apply only to one or 
        more of such response actions at the facility.
            ``(5) Other matters.--Except as otherwise expressly 
        provided, nothing in this section shall limit or affect--
                    ``(A) the President's obligation to initiate the 
                allocation process for response actions at facilities 
                that have been the subject of partial or expedited 
                settlements;
                    ``(B) the ability of any person to resolve its 
                liability at a facility to any other person at any time 
                before initiation or completion of the allocation 
                process;
                    ``(C) the validity, enforceability, finality or 
                merits of any judicial or administrative order, 
                judgment, or decree issued prior to the date of 
                enactment of this Act with respect to liability under 
                this Act; or
                    ``(D) the validity, enforceability, finality or 
                merits of any pre-existing contract or agreement 
                relating to any allocation of responsibility or any 
                indemnity for, or sharing of, any response costs under 
                this Act.
    ``(b) Moratorium on Litigation and Enforcement.--(1) No person may 
commence any civil action or assert any claim under this Act seeking 
recovery of any response costs, or contribution toward such costs, in 
connection with any response action for which the President has 
initiated an allocation, until 180 days after issuance of the 
allocator's report under subsection (i)(5), or of a second or 
subsequent report under subsection (p).
    ``(2) If any such action or claim under this Act is pending (A) 
upon the date of enactment of the Reform of Superfund Act of 1995, or 
(B) upon initiation of an allocation, then such action or claim, 
including any pendent claim under State law over which a court is 
exercising jurisdiction, shall be stayed until 90 days after the 
issuance of the allocator's report under subsection (i)(5), or of a 
second or subsequent report under subsection (p), unless the court 
determines that a stay will result in manifest injustice.
    ``(3) Any applicable limitations period with respect to actions 
subject to paragraph (1) shall be tolled from the earlier of (A) the 
date of listing of the facility on the National Priorities List, where 
such listing occurs after the date of enactment of this Act, or (B) the 
commencement of the allocation process pursuant to this section, until 
90 days after the issuance of the allocator's report under subsection 
(i)(5), or of a second or subsequent report under subsection (p).
    ``(4) After the date of enactment of the Reform of Superfund Act of 
1995, the Administrator shall not issue any order under section 106 of 
this Act to any persons or at any facility that is the subject of an 
allocation under subsection (a) until 90 days after the issuance of the 
allocator's report under subsection (i)(5), or of a second or 
subsequent report under subsection (p), except an order in which the 
Administrator requires the performance of a removal action that is 
necessary to address a situation at the facility that actually presents 
substantial danger to public health or welfare or the environment.
    ``(5) Except as otherwise expressly provided in this Act, nothing 
in this section shall in any way limit or affect the President's 
authority to exercise the powers conferred by sections 103, 104, 105, 
106, or 122 of this Act, or to commence an action against a party where 
there is a contemporaneous filing of a judicial consent decree 
resolving that party's liability, or to file a proof of claim or take 
other action in a proceeding under title 11 of the United States Code.
    ``(6) Except as otherwise expressly provided, the allocation 
process established in this section shall not be construed to modify or 
affect in any way the principles of liability under this title as 
determined by the courts of the United States.
    ``(c) Allocation Process.--
            ``(1) Responsible party search.--At each facility that is 
        the subject of an allocation under subsection (a), the 
        President shall, as soon as practicable but no later than 60 
        days after the receipt of a request for allocation, initiate 
        the allocation process by commencing a comprehensive search for 
        all potentially responsible parties at the facility under the 
        authority of section 104 of this Act. Any person may submit 
        information to the President concerning any potentially 
        responsible party at the facility, and the President shall 
        consider such information in carrying out the search.
            ``(2) Initial list of parties.--As soon as practicable, but 
        not later than 120 days after the commencement of the 
        potentially responsible party search, the President shall issue 
        a list of all potentially responsible parties preliminarily 
        identified at the facility and provide each person named on the 
        list with (A) a copy of the list, along with all information 
        then available to the President concerning the basis or 
        potential basis for each party's liability at the facility and 
        whether such person is eligible for an exemption from liability 
under section 107(n) and (B) a list of at least 10 neutral parties (i) 
who are not employees of the United States, (ii) who are, in the 
judgment of the President, qualified to perform an allocation at the 
facility, and (iii) to the extent possible, who maintain an office in 
the general geographic area of the facility.
    ``(d) Selection of Allocator.--As soon as practicable after the 
receipt of the initial list specified in subsection (c)(2), the 
potentially responsible parties preliminarily identified by the 
President, voting on a per capita basis, shall (1) select by plurality 
vote a person to serve as allocator and then (2) promptly notify the 
President of such selection. The allocator shall be selected from 
either (A) the list of neutral parties provided by the President, or 
(B) a current list of neutrals maintained by the American Arbitration 
Association, the Center for Public Resources, the Administrative 
Conference of the United States, or other non-profit or governmental 
organizations of comparable standing. If the President determines that 
the person selected is unqualified to serve, he shall promptly notify 
all persons preliminarily identified as potentially responsible parties 
at the facility, who shall then select another person: Provided, 
however, That the President may make no more than two such 
determinations at any facility. If the President does not receive 
notice that an allocator has been selected within 60 days of the 
issuance of the initial list specified in subsection (c)(2), or of the 
receipt of notice of a determination under the preceding sentence, then 
the President shall promptly designate and select the person to serve 
as allocator. Any action taken by the President under this paragraph 
shall not be subject to judicial review.
    ``(e) Retention of Allocator.--Upon selection of the allocator, the 
President shall promptly--
            ``(1) contract with the selected allocator for the 
        provision of allocation services in accordance with the 
        provisions of this section, provided that such contract shall 
        not restrict the allocator's broad discretion to conduct the 
        allocation process in a fair, efficient, and impartial manner; 
        and
            ``(2) notify all persons preliminarily identified as 
        potentially responsible parties at the facility that the 
        allocator has been retained, and make available to them, as 
        well as to the allocator, within 30 days of the selection of 
        the allocator, all responses to information requests, as well 
        as all other potentially relevant information, concerning the 
        facility and the potentially responsible parties. The President 
        shall not make available any privileged or confidential 
        information, except as otherwise authorized by law.
    ``(f) Additional Parties.--Within 60 days after the later of (1) 
the issuance of the initial list specified in subsection (c)(2), or (2) 
the retention of the allocator under subsection (e), any person may 
propose to the allocator the names of additional potentially 
responsible parties at the facility, or otherwise provide the allocator 
with information pertaining to the facility or to the allocation. Any 
such proposal of additional parties shall include information regarding 
the nexus between each additional potentially responsible party and the 
facility, including such information as would establish that such 
additional potentially responsible party may not avail itself of the 
defenses and exemptions set forth in section 107. The allocator shall 
issue a final list of all parties that will be subject to the 
allocation process, referred to in this section as the ``allocation 
parties,'' no later than 180 days after issuance of the initial list 
specified in subsection (c)(2). The allocator shall include in the 
final list of allocation parties each additional party proposed 
pursuant to this paragraph, unless the allocator reasonably determines 
that such party is not potentially responsible under section 107 of 
this Act.
    ``(g) Federal, State, and Local Agencies.--Notwithstanding any 
other provision of law, all Federal, State, and local governmental 
departments, agencies, or instrumentalities that are identified as 
potentially responsible parties or allocation parties shall be subject 
to, and be entitled to the benefits of, the allocation process and 
allocation determination provided by this section to the same extent as 
any other party.
    ``(h) Potentially Responsible Party Settlement.--At any time prior 
to the issuance of an allocation report as described in subsection 
(i)(5), or of a second or subsequent report as described in subsection 
(p), any group of potentially responsible parties at the facility may 
submit to the allocator a private allocation for the response action(s) 
that are within the scope of the allocation under subsection (a)(3). If 
such private allocation meets the following criteria, the allocator 
shall promptly adopt it as the allocation report:
            ``(1) the private allocation is a binding allocation of 100 
        percent of the past, present, and future costs of the response 
        action(s);
            ``(2) the private allocation does not allocate any share to 
        any person who is not a signatory to the private allocation, 
        unless the representative of the Fund is a signatory to the 
        private allocation; and
            ``(3) the signatories to the private allocation waive their 
        rights to seek recovery of response costs or contribution under 
        this Act with respect to the response action(s) from any other 
        potentially responsible parties at the facility.
    ``(i) Allocation Determination.--
            ``(1) Allocation process.--The allocator shall conduct an 
        allocation process culminating in the allocator's issuance of a 
        written report with a nonbinding equitable allocation of 
        percentage shares of responsibility for the response action(s) 
        that are within the scope of the allocation under subsection 
        (a)(3), and shall provide such report to the allocation parties 
        and the President.
            ``(2) Information-gathering authorities.--The allocator may 
        request information from any person, either on his own 
        initiative or upon a timely request by any person, in order to 
        assist in the efficient completion of the allocation process. 
        Subject to subsection (k), the allocator is authorized to 
        exercise the information-gathering authority conferred upon the 
        President under section 104(e) of this Act. Notwithstanding any 
        other provision of law, the allocator shall not be considered 
        an agency of the United States Government subject to the 
        requirements of section 552 of title 5, United States Code.
            ``(3) Additional authorities.--The allocator shall have the 
        authority to schedule meetings and require the attendance of 
        allocation parties at such meetings; to impose sanctions 
        against allocation parties for failure to cooperate with the 
        orderly conduct of the allocation process; to require that 
        allocation parties wishing to present similar legal or factual 
        positions consolidate their presentations; to obtain or employ 
        support services, including secretarial and clerical services, 
        computer support services, and legal and investigative 
        services; and to take any other actions necessary to conduct a 
        cost-effective, fair, efficient, and impartial allocation 
        process.
            ``(4) Conduct of allocation process.--The allocator shall 
        conduct the allocation process and render a decision based 
        solely on the provisions of this section, including the 
        allocation factors specified in subsection (j), in accordance 
        with the decisions of the courts of the United States. Each 
        allocation party shall be afforded an opportunity to be heard 
        (orally and/or in writing), and an opportunity to comment on a 
        draft allocation report. The allocator shall not be required to 
        respond to comments.
            ``(5) Allocation report.--The allocator shall provide the 
        written allocation report to the allocation parties and the 
        President within 180 days of the issuance of the final list of 
        allocation parties pursuant to subsection (f). At the request 
        of any allocation party, for good cause shown, the allocator 
        may extend the time to complete the report by up to 90 days.
    ``(j) Equitable Factors for Allocation.--The allocator shall 
prepare a nonbinding allocation of percentage shares of responsibility 
to all allocation parties in accordance with the provisions of this 
section and without regard to any theory of joint and several 
liability, based on the following equitable factors:
            ``(1) The amount of hazardous substances contributed by 
        each allocation party.
            ``(2) The degree of toxicity of the hazardous substances 
        contributed by each allocation party.
            ``(3) The mobility of the hazardous substances contributed 
        by each allocation party.
            ``(4) The degree of involvement of each allocation party in 
        the generation, transportation, treatment, storage, or disposal 
        of the hazardous substances it contributed.
            ``(5) The degree of care exercised by each allocation party 
        with respect to the hazardous substances it contributed, taking 
        into account the characteristics of the hazardous substances.
            ``(6) In the case of an owner or operator, the degree to 
        which the allocation party caused, contributed to, or consented 
        to the release or threat of release of hazardous substances at 
        the facility.
            ``(7) In the case of an owner or operator, the degree of 
        care exercised with respect to hazardous substances released at 
        the facility, taking into account the characteristics of such 
        hazardous substances.
            ``(8) The cooperation of each allocation party in 
        performing the response action(s) and in providing complete and 
        timely information to the allocator.
            ``(9) Such other equitable factors as the allocator 
        determines are appropriate.
    ``(k) Allocator's Information Requests.--
            ``(1) Duty to answer.--Each person who receives any 
        information request from the allocator must provide a full and 
        timely response thereto.
            ``(2) Certification.--Answers to the allocator's 
        information requests shall include a certification by a 
        representative of the person to whom the request was directed 
        who meets the criteria established in section 270.11(a) of 
        title 40 of the Code of Federal Regulations that--
                    ``(A) the answers are true and correct to the best 
                of the representative's knowledge,
                    ``(B) the answers are based on a diligent, good 
                faith search of records in the possession or control of 
                the person to whom the request was directed,
                    ``(C) the answers are based on a reasonable inquiry 
                of the current and, when practicable and when 
                reasonably expected to have relevant knowledge, former 
                officers, directors, employees, and agents of the 
                person to whom the request was directed,
                    ``(D) the answers accurately reflect information 
                obtained in the course of conducting such search and 
                such inquiry,
                    ``(E) the representative executing the 
                certification understands that there is a duty to 
                supplement any such answers if, during the allocation 
                process, any significant additional, new, or different 
                information becomes known to the person to whom the 
                request was directed, and
                    ``(F) the representative executing the 
                certification understands that there are significant 
                penalties for submitting false information, including 
                the possibility of fine and imprisonment for knowing 
                violations.
            ``(3) Allocator to inform recipients.--Each information 
        request issued by the allocator must be accompanied by--
                    ``(A) a cover letter (i) that explains the 
                obligation of the person to provide a full and timely 
                response to the request, (ii) that briefly summarizes 
                each of the elements of the required certification, and 
                (iii) that summarizes the defenses to liability that 
                may be available to the person, and
                    ``(B) a printed form that sets forth the required 
                certification and provides a space for the recipient to 
                sign and date the form before returning it to the 
                allocator.
    ``(l) Penalties.--
            ``(1) Civil.--Any person who willfully fails to submit a 
        complete and timely answer to an allocator's information 
        request or request for production of documents, or who submits 
        a response that lacks the certification required under 
        subsection (k)(2), or who knowingly makes any false or 
        misleading material statement or representation in any 
        statement, submission or testimony during the allocation 
        process, including statements or representations in connection 
        with the nomination of another potentially responsible party, 
        may be subject to civil penalties of up to $10,000 per day of 
        violation. The violation shall be deemed a continuing one until 
        such time as the request is answered or the necessary 
        certification is submitted or the false or misleading statement 
        or representation is corrected. Such penalties may be assessed 
        by the President in accordance with section 109 of this Act.
            ``(2) Criminal.--Any person who knowingly and willfully 
        makes any false material statement or representation in 
        response to an allocator's information request issued pursuant 
        to subsection (k) shall be deemed to have made a false 
        statement on a matter within the jurisdiction of the United 
        States within the meaning of section 1001 of title 18, United 
        States Code.
    ``(m) Document Repository; Confidentiality.--
            ``(1) Document repository.--The allocator shall establish 
        and maintain a document repository containing copies of all 
        documents and information provided by the President or any 
        allocation party pursuant to this section or generated by the 
        allocator during the allocation. The documents and information 
        in the document repository shall be available only to the 
        allocation parties for review and copying at their own expense, 
        subject to the confidentiality provisions of paragraph (2).
            ``(2) Confidentiality.--Except for documents and materials 
        contained in the administrative record established pursuant to 
        section 113(k), all documents and materials submitted to the 
        allocator or placed in the document repository, together with 
        the record of any information generated or obtained during the 
        allocation process, shall be confidential. The allocator, each 
        allocation party, the Administrator, and the Attorney General 
        shall maintain such documents and materials, together with the 
        record of any depositions or testimony adduced during the 
        allocation, as confidential, and they are prohibited from using 
        any such material in any other matter or proceeding or for any 
        purpose other than the allocation process itself. 
        Notwithstanding any other provision of law, the documents, 
        materials, and records described in the previous sentence shall 
        not be subject to disclosure to any person under section 552 of 
        title 5, United States Code. Such material shall not be 
        discoverable or admissible in any other Federal, State, or 
        local judicial or administrative proceeding, except (A) a new 
        allocation pursuant to subsection (o) or (s) for the same 
        response action(s), and (B) an initial allocation pursuant to 
        this section for a different response action at the same 
        facility.
            ``(3) Discoverability and admissibility.-- Notwithstanding 
        the foregoing, if the original of any document or material 
        submitted to the allocator or placed in the document repository 
        was, in the hands of the party that provided it, otherwise 
        discoverable or admissible, then such original document, if 
        subsequently sought from such party, shall remain so. If a fact 
        generated or obtained during the allocation was, in the hands 
        of a witness, otherwise discoverable or admissible, then such 
        testimony, if subsequently sought from such other party, shall 
        remain so.
            ``(4) No waiver of privilege.--The submission of testimony, 
        documents, or information pursuant to the allocation process 
        shall not constitute a waiver of any privilege applicable to 
        the testimony, documents, or information under any Federal or 
        State law or rule of discovery or evidence.
            ``(5) Procedure if disclosure sought.--Any person receiving 
        any request for a statement, document, or material submitted, 
        or for the record of any allocation proceeding, shall promptly 
        notify the person who originally submitted such item or 
        testimony in the allocation proceeding, and shall provide such 
        submitter the opportunity to assert and defend the 
        confidentiality of such item. No person shall release or 
        provide a copy of the item to any person not a party to such 
        allocation, except with the written consent of the submitter or 
        as may be required by court order.
            ``(6) Civil penalty.--Any person who fails to maintain the 
        confidentiality of any statements, documents, or information 
        generated or obtained during an allocation proceeding, or who 
        releases any such information in violation of this section, may 
        be subject to civil penalties of up to $25,000 per violation. 
        Such penalties may be assessed by the President in accordance 
        with section 109 of this Act. In any such administrative or 
        judicial proceeding, it shall be a complete defense that the 
        statements, documents, or information at issue (A) was in, or 
        subsequently has become part of, the public domain and not as a 
        result of any violation of this subsection, (B) was already 
        known by lawful means to the person receiving such information 
        in connection with the allocation process, or (C) became known 
        to such person after disclosure in connection with the 
        allocation process, and not as a result of any violation of 
        this subsection.
    ``(n) Fund Reimbursable Share.--The allocator shall determine the 
percentage of responsibility, if any, for the response action(s) that 
is allocable to the fund reimbursable share. The fund reimbursable 
share shall consist of the difference between the aggregate share that 
the allocator determines is attributable to the following categories of 
allocation parties and the aggregate share actually assumed by those 
parties in any settlements with the United States with respect to the 
response action(s)--
            ``(A) any person entitled to a de minimis contributor 
        exemption from retroactive liability under section 107(n)(1).
            ``(B) Any person entitled to a reimbursement for 
        retroactive liability under section 112(g).
            ``(C) Any person entitled to any other exemption from or 
        limitation of liability under section 107(n).
    ``(o) Rejection of Allocation Report.--The Administrator and the 
Attorney General of the United States may jointly reject an allocator's 
report only if they jointly publish in the Federal Register, within 120 
days after receipt of the report, a written determination that--
            ``(1) no reasonable interpretation of the facts before the 
        allocator, in light of the factors required to be considered, 
        would form a reasonable basis for the shares assigned to the 
        parties; or
            ``(2) the allocation process was directly and substantially 
        affected by bias, procedural error, fraud, or unlawful conduct.
The Administrator and the Attorney General may not reject the 
allocator's report after the 180th day following its issuance or after 
the United States has accepted a settlement offer based on the 
allocation. The determinations of the Administrator and the Attorney 
General under this subsection shall not be subject to judicial review 
unless two successive allocation reports relating to the same response 
action(s) are rejected, in which case any allocation party may obtain 
judicial review of the second rejection pursuant to chapter 7 of title 
5, United States Code, in the United States district court for the 
district in which the facility is located. The authority to make such 
determinations may not be delegated to any officer or employee below 
the level of an Assistant Secretary or Acting Assistant Secretary with 
authority for implementing this Act at the Environmental Protection 
Agency or the Department of Justice.
    ``(p) Second and Subsequent Allocations.--If the United States 
rejects an allocator's report in accordance with subsection (n), then 
the allocation parties shall select an allocator pursuant to subsection 
(d) to perform, on an expedited basis, a new allocation based on the 
same record available to the previous allocator. In such a case, the 
moratorium and tolling provisions of subsection (b) shall be extended 
until 90 days after the issuance of the second or subsequent allocation 
report. The allocation parties may select an allocator that performed 
one or more previous allocations at the same facility, except that the 
President may determine pursuant to subsection (d) that an allocator 
whose previous report at the same facility has been rejected under 
subsection (n) is unqualified to serve.
    ``(q) Settlements Based on Allocations.--(1) Any allocation party 
or group of allocation parties that, within 90 days after issuance of 
the allocator's report, (A) offers to settle with the United States 
based on the percentage share specified by the allocator, and (B) 
agrees to the other terms and conditions set forth in this subsection, 
shall then be entitled to resolve its liability to the United States on 
that basis, unless the allocation report is rejected in accordance with 
subsection (o), in which case the provisions of subsection (p) shall 
apply. If any allocation party described in the previous sentence 
receives an administrative order to perform the response action(s), 
then it shall be entitled to resolve its liability to the United States 
in accordance with the provisions of subsection (r) instead.
    ``(2) Settlements based on allocations under this section may 
consist either of cash-out settlements or agreements for the 
performance of the response action(s), and shall include--
            ``(A) a waiver of contribution rights against all persons 
        who are potentially responsible parties for the response 
        action(s);
            ``(B) covenants not to sue, consistent with the provisions 
        of section 122(f) of this Act, and, except in the case of cash-
        out settlements, provisions regarding performance or adequate 
        assurance of performance of the response action(s) addressed in 
        the settlement;
            ``(C) a premium, calculated on a site-specific basis and 
        subject to the limitations set forth in paragraph (3), that 
        reflects the United States' actual risk of not collecting its 
        unrecovered response costs for the response action(s) despite 
        the diligent prosecution of litigation against all viable 
        allocation parties that have not resolved their liability to 
        the United States, except that no premium shall apply if all 
        allocation parties settle or if the settlement covers 100 
        percent of such response costs; and
            ``(D) protection from all claims for contribution regarding 
        the response action(s).
    ``(3) In each settlement pursuant to this section, the premium 
authorized by this subsection shall be determined on a case-by-case 
basis to reflect the actual litigation risk faced by the United States 
with respect to the response action(s) addressed in the settlement, but 
in any event shall not exceed--
            ``(A) 5 percent of the total costs assumed by a settling 
        party, where settlements account for more than 80 percent and 
        less than 100 percent of responsibility for such response 
        action(s);
            ``(B) 10 percent of the total costs assumed by a settling 
        party, where settlements account for more than 60 percent and 
        no more than 80 percent of responsibility for such response 
        action(s);
            ``(C) 15 percent of the total costs assumed by a settling 
        party, where settlements account for more than 40 percent and 
        no more than 60 percent of responsibility for such response 
        action(s); and
            ``(D) 20 percent of the total costs assumed by a settling 
        party, where settlements account for 40 percent or less of 
        responsibility for such response action(s).
The President shall have no authority to modify the percentages 
established herein.
    ``(r) Administrative Orders; Reimbursement.--Upon the expiration of 
the moratorium period under subsection (b)(5), the President may issue 
orders under section 106 of this Act to persons at the facility only if 
the aggregate of their allocated percentage shares of responsibility 
exceeds 50 percent. Any allocation party that is ordered to perform, 
and does perform, any response action that is the subject of an 
allocation under this section to an extent that exceeds its percentage 
share (as determined by the allocator) shall be entitled to prompt 
reimbursement of the excess from the Fund unless the allocation report 
is rejected pursuant to subsection (o). Such right to reimbursement 
shall not be contingent on the United States' recovery of any response 
costs from any other person. The following terms and conditions shall 
apply to such reimbursement:
            ``(1) The reimbursement shall be reduced by the amount of 
        the litigation risk premium under subsection (q)(4) that would 
        apply to the allocation party's settlement concerning the 
        response action(s), based on the total allocated shares of the 
        parties that have not yet reached settlements with the United 
        States.
            ``(2) The reimbursement shall be paid out during the course 
        of the response action(s) that were the subject of the 
        allocation. Reimbursement for the construction portion of the 
        work shall be paid out no later than 120 days after completion 
        of said construction.
            ``(3) The reimbursement is subject to equitable offset or 
        recoupment by the President at any time if the allocation party 
        fails to perform the work in a proper and timely manner.
            ``(4) The President may require independent auditing of the 
        claim for reimbursement.
            ``(5) The allocation party waives its rights to seek 
        recovery of response costs in connection with the response 
        action(s), or contribution toward those response costs, from 
        any other person.
            ``(6) The completion or the continuing satisfactory 
        performance of the response action required under the 
        administrative order shall bar any judicial or administrative 
        action by the United States or any other person against the 
        allocation party for matters addressed in the administrative 
        order unless the United States or such person can establish 
        that the allocation party is in violation of the administrative 
        order.
    ``(s) Post-Settlement Litigation.--
            ``(1) In general.--Subject to subsections (p) and (q), and 
        beginning after 90 days following issuance of the allocator's 
        report, the United States may commence an action under this Act 
        against any allocation party that has not resolved its 
        liability to the United States following an allocation, seeking 
        to recover response costs not recovered through settlements 
        with other persons. All such actions shall be governed by the 
        principles of liability under this title as determined by the 
        courts of the United States.
            ``(2) Government actions.--In commencing any action under 
        section 107 against an allocation party after the expiration of 
        the time period described in paragraph (1) of this subsection, 
        the Attorney General must certify in the complaint that the 
        defendant has failed or refused to settle the matter based on 
        the share that the allocation report assigned to such party.
            ``(3) Response costs.--The costs of implementing the 
        allocation procedure set forth in this section, including 
        reasonable fees and expenses of the allocator, shall be 
        considered response costs.
    ``(t) New Information.--Allocations under this section shall be 
final, except that any settling party, including the United States, may 
seek a new allocation with respect to the response action(s) that were 
the subject of the settlement by presenting the President with clear 
and convincing evidence that--
            ``(1) the allocator did not have information concerning--
                    ``(A) 35 percent or more of the materials 
                containing hazardous substances at the facility;
                    ``(B) one or more persons not previously named as 
                allocation parties who contributed 15 percent or more 
                of the materials containing hazardous substances at the 
                facility; or
                    ``(C) other matters that, if known prior to the 
                issuance of the allocator's report, could have served 
                as the basis for rejecting the report under subsection 
                (o)(1); and
            ``(2) such information has been discovered subsequent to 
        the issuance of the allocator's report.
Any new allocation of responsibility shall proceed in accordance with 
the provisions of this section, shall be effective only after the date 
of the new allocation report, and shall not alter or affect the 
original allocation with respect to response costs previously incurred.
    ``(u) Allocator's Discretion.--The President shall not issue any 
regulations, rules, or other documents that limit an allocator's 
discretion in the conduct of an allocation proceeding.''.

SEC. 208. CIVIL PROCEEDINGS.

    (a) Petitions.--Section 113(a) (42 U.S.C. 9613(a)) is amended as 
follows:
            (1) By striking ``upon application by any interested 
        person'' and inserting ``by any interested person through the 
        filing of a petition for review''.
            (2) By striking ``application shall be made'', and 
        inserting ``petition shall be filed''.
    (b) Period in Which Action May Be Brought.-- Section 113(g) (42 
U.S.C. 9613(g)) is amended by striking paragraphs (2) and (3) and 
inserting in lieu thereof the following:
            ``(2) Actions for recovery of costs.--(A) Except as 
        provided in subparagraph (C), an initial action for recovery of 
        costs referred to in section 107 must be commenced--
                    ``(i) for a removal action, within 3 years after 
                completion of all removal action taken with respect to 
                the facility, including off-site disposal of any 
                removed materials, except that if physical on-site 
                construction of the remedial action is initiated within 
                3 years after the completion of all removal action 
                taken with respect to the facility, costs incurred for 
                removal action may be recovered in a cost recovery 
                action brought under clause (ii); and
                    ``(ii) for a remedial action, within 6 years after 
                initiation of physical on-site construction of the 
                remedial action.
            ``(B) In any such action described in this paragraph, the 
        court shall enter a declaratory judgment on liability for 
        response costs or damages that will be binding in such action 
        or in any subsequent action or actions to recover further 
        response costs or damages. A subsequent action or actions under 
        section 107 for further response costs at the vessel or 
        facility may be maintained at any time during the response 
        action, but must be commenced no later than 3 years after the 
        date of completion of all response action. Except as otherwise 
        provided in this paragraph, an action may be commenced under 
        section 107 for recovery of costs at any time after such costs 
        have been incurred.
            ``(C) An action by any potentially responsible party 
        against another potentially responsible party for recovery of 
        any response costs or damages must be commenced within the 
        later of--
                    ``(i) the time limitations set forth in 
                subparagraph (A); or
                    ``(ii) where recovery is sought for costs or 
                damages paid pursuant to a judgment or settlement, 3 
                years after--
                            ``(I) the date of judgment in any action 
                        under this Act for recovery of such costs or 
                        damages, or
                            ``(II) the date of any administrative order 
                        or judicial settlement for recovery of the 
                        costs or damages paid or incurred pursuant to 
                        such a settlement.''.

SEC. 209. LIMITATIONS ON CONTRIBUTION ACTIONS.

    Section 113(f) (42 U.S.C. 9613(f)) is amended as follows:
            (1) By amending paragraph (1) as follows:
                    (A) By striking ``Any person'' in the first 
                sentence and inserting ``Except as provided in 
                paragraph (4), any person who is liable or potentially 
                liable under section 107(a)''.
                    (B) By striking ``, during or following any civil 
                action under section 106 or under section 107(a).'' and 
                inserting ``in a claim asserted under section 
                107(a).''.
                    (C) In the second sentence, by striking ``this 
                section'' and inserting ``section 107(a), this 
                section,''.
                    (D) By striking the sentence beginning with 
                ``Nothing in this subsection''.
            (2) By amending paragraph (2) to read as follows:
            ``(2) Settlements.--A person who has resolved its liability 
        to the United States in an administrative or judicially 
        approved settlement shall not be liable for contribution or any 
        other claims by any person other than a State acting under 
        section 107(a)(4)(A) (and not as a potentially responsible 
        party) regarding response actions, response costs, or damages 
        addressed in the settlement. A person who has resolved its 
        liability to a State or an Indian tribe in an administrative or 
        judicially approved settlement shall not be liable for 
        contribution or any other claims by persons other than the 
        United States Government acting under section 107(a)(4)(A) (and 
        not as a potentially responsible party) regarding response 
        actions, response costs or damages addressed in the settlement 
        for which the State or Indian tribe has a claim under this 
        title. Such settlement does not discharge any other potentially 
        responsible persons unless its terms so provide, but it reduces 
        the potential liability of such other persons by the amount of 
        the settlement. The protection afforded by this subsection 
        shall include protection against claims, under Federal or State 
        law, that may be asserted against the settling party for 
        recovery of response costs or damages incurred or paid by 
        another person, if such costs or damages are addressed in the 
        settlement, but shall not include protection against claims 
        based on contractual indemnification or other express 
        contractual agreements to pay such costs or damages.''.
            (3) By adding at the end the following new paragraph:
            ``(4) Limitations on contribution actions.--(A) There shall 
        be no right of contribution under this subsection in any of the 
        following circumstances:
                    ``(i) The person asserting the right of 
                contribution has waived the right in a settlement 
                pursuant to this Act.
                    ``(ii) The person from whom contribution is sought 
                is not liable under this Act.
                    ``(iii) The person from whom contribution is sought 
                has entered into a settlement with the United States 
                pursuant to section 122(g), with respect to matters 
                addressed in that settlement.
            ``(B) Any person who commences an action for contribution 
        shall be liable to the person against whom the claim of 
        contribution is brought for all reasonable costs of defending 
        against the claim, including all reasonable attorneys' and 
        expert witness fees, if--
                    ``(i) the action is barred by subparagraph (A);
                    ``(ii) the action is brought against a person who 
                is protected from such suits pursuant to section 
                113(f)(2) by reason of a settlement with the United 
                States; or
                    ``(iii) the action is brought during the moratorium 
                pursuant to section 128 (relating to allocation).''.

SEC. 210. LIABILITY OF RESPONSE ACTION CONTRACTORS.

    (a) Extension of Negligence Standard.--Subsection (a) of section 
119 (42 U.S.C. 9619(a)) is amended as follows:
            (1) In paragraph (1), by striking out ``title or under any 
        other Federal law'' and inserting in lieu thereof ``title, 
        under any other Federal law or under the law of any State or 
        political subdivision of a State''.
            (2) by adding at the end of paragraph (1) the following: 
        ``Notwithstanding the preceding sentence, this section shall 
        not apply in determining the liability of a response action 
        contractor under the law of any State or political subdivision 
        thereof if the State has adopted, after enactment of the Reform 
        of Superfund Act of 1995, a law determining the liability of a 
        response action contractor.''.
            (3) By adding at the end of paragraph (2) the following: 
        ``Such conduct shall be evaluated based on the generally 
        accepted standards and practices in effect at the time and 
        place that the conduct occurred.''.
    (b) Extension of Indemnification Authority.--Section 119(c) is 
amended by adding at the end of paragraph (1) the following: ``Any such 
agreement may apply to claims for negligence arising under Federal law 
or under the law of any State or political subdivision of a State.''.
    (c) Indemnification for Threatened Releases.--Section 119(c)(5) is 
amended in subparagraph (A) by inserting ``or threatened release'' 
after ``release'' both places it appears.
    (d) Clarification of Liability.--Section 119(a) (42 U.S.C. 9219(a)) 
is amended by inserting after paragraph (4) the following new 
paragraph:
            ``(5) Liability.--Notwithstanding any other provision of 
        this Act, any liability of a response action contractor under 
        this Act shall be determined solely in accordance with this 
        section.''.
    (e) Limitation on Actions.--Section 119 is amended by adding at the 
end the following new subsection:
    ``(g) Limitation on Actions Against Response Action Contractors.--
No action to recover for any injury to property, real or personal, or 
for bodily injury or wrongful death, or any other expenses or costs 
arising out of the performance of services under a response action 
contract, nor any action for contribution or indemnity for damages 
sustained as a result of such injury, shall be brought against any 
response action contractor more than 6 years after the completion of 
work at any site under such contract. Notwithstanding the preceding 
sentence, this section shall not--
            ``(1) bar recovery for a claim caused by the conduct of the 
        response action contractor that is grossly negligent or that 
        constitutes intentional misconduct;
            ``(2) affect any right of indemnification that such 
        response action contractor may have under this section or may 
        acquire by written agreement with any party; or
            ``(3) apply in any State or political subdivision thereof 
        it the State has adopted, after enactment of the Reform of 
        Superfund Act of 1995, a statute of repose determining the 
        liability of a response action contractor.''.
    (f) Extension Relating to Sureties.--(1) Section 119(e)(2) is 
amended in subparagraph (C) by striking ``and before January 1, 
1996,''.
    (2) Section 119(g)(5) is amended by striking out ``, or after 
December 31, 1995''.
    (g) Extension of Coverage to All Response Actions.--Section 
119(e)(1) is amended as follows:
            (1) By striking ``carrying out an agreement under section 
        106 or 122''.
            (2) By striking ``any remedial action under this Act at a 
        facility listed on the National Priorities List, or any removal 
        action under this Act,'' and inserting in lieu thereof ``any 
        response as defined by section 101(25),''.

SEC. 211. ENHANCEMENT OF SETTLEMENT AUTHORITIES.

    Section 122 (42 U.S.C. 9622) is amended as follows:
            (1) In subsection (b) by striking paragraph (3) and 
        redesignating paragraph (4) as paragraph (3).
            (2) By adding the following new subparagraph at the end of 
        subsection (d)(1):
                    ``(D) Dispute resolution.--Any consent decree shall 
                require the parties to attempt expeditiously to resolve 
                disagreements concerning implementation of the remedial 
                action informally with the appropriate Federal and 
                State agencies. Each consent decree shall provide 
                authority for the Federal district court with 
                jurisdiction over the decree to resolve any 
                disagreements not resolved by the parties.''.
            (3) By amending subsection (e)--
                    (A) By inserting after paragraph (1)(C) the 
                following:
                    ``(D) For each potentially responsible party, the 
                evidence that indicates that each element of liability 
                contained in section 107(a) is present.''.
                    (B) By striking paragraph (3).
                    (C) By redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively.
            (4) By adding at the end of subsection (g)(1) the 
        following: ``The President may waive any condition or 
        requirement of subparagraph (B), for a person liable as an 
        owner under section 107(a)(1), if not more than a de minimis 
        amount of any hazardous substance was released as a result of 
        the generation, transportation, storage, treatment, or disposal 
        of hazardous substances at the facility by the owner and 
        persons affiliated with the owner after the owner took title, 
        or if the owner and persons affiliated with the owner caused or 
        contributed to the release or threat of release of not more 
        than a de minimis amount of any hazardous substance at the 
        facility through any action or omission after the owner took 
        title.''.
            (5)(A) By transferring paragraph (6) of subsection (e) to 
        the end of the section and redesignating such paragraph as 
        subsection (o).
            (B) In subsection (o) (as so transferred and redesignated), 
        by striking ``remedial action'' in both places it appears and 
        inserting ``response action'', and by inserting ``or the State 
        under applicable law'' before the period at the end.
            (C) By adding the following new subsections at the end 
        thereof:
    ``(p) Retention of Funds.--(1) If, as part of any settlement 
agreement under this Act, a potentially responsible party will be 
paying amounts to the President for carrying out any response action, 
the President may retain such amounts in interest bearing accounts, and 
use such amounts, together with accrued interest, to conduct or enable 
other persons to conduct such response action.
    ``(2) If, as part of any settlement agreement for carrying out a 
response action under this Act, a potentially responsible party will be 
paying amounts to the President, the Administrator is authorized to 
accept ownership of a financial instrument running irrevocably to the 
benefit of the United States to conduct, or enable other persons to 
conduct, such response actions. For the purposes of this paragraph, the 
term `financial instrument' means an annuity contract, funding 
agreement, or similar instrument acceptable to the Secretary of the 
Treasury, that is purchased by one or more potentially responsible 
parties, and has a defined schedule of periodic payments which 
coincides with the obligations set forth in the settlement agreement. 
Periodic payments under such a financial instrument will be made to the 
owner, or as the owner directs, for response costs at the facility 
which is the subject of the settlement agreement.
    ``(q) Challenge to Cost Recovery Component of Settlement.--
Notwithstanding the limitations on review in section 113(h), and except 
as provided in subsection (g) of this section, a person whose potential 
claim for response costs or contribution is limited as a result of 
contribution protection afforded by an administrative settlement under 
this section may challenge the cost recovery component of such 
settlement. Such a challenge may be made only by filing a complaint 
against the Administrator in the United States District Court within 60 
days after such settlement becomes final. Venue shall lie in the 
district in which the principal office of the appropriate region of the 
Environmental Protection Agency is located. Any review of an 
administrative settlement shall be limited to the administrative 
record, and the settlement shall be upheld unless the objecting party 
can demonstrate on that record that the decision of the President to 
enter into the administrative settlement was arbitrary, capricious, or 
otherwise not in accordance with law.
    ``(r) Unsuccessful Challengers Liable for Attorney's Fees.--Any 
party who challenges any settlement entered into between the President 
and any potentially responsible party under this Act, and who is not 
successful in overturning or modifying the settlement, shall be liable 
to the United States and any settling party for all reasonable 
attorneys' fees and costs incurred in defending the settlement.''.

SEC. 212. PROFESSIONAL SERVICES.

    Section 122 is amended by adding after subsection (r) the following 
new subsection:
    ``(s) Professional Services.--The Administrator has the authority 
to use the procedures set forth in section 109(e) to obtain the 
services of neutral professionals to assist in the conduct of 
settlement negotiations under this section.''.

SEC. 213. FINAL COVENANTS.

    Section 122(f) is amended as follows:
            (1) By amending paragraph (1) to read as follows:
            ``(1) Final covenants.--The President shall offer 
        potentially responsible parties who enter into settlement 
        agreements that are in the public interest a final covenant not 
        to sue concerning any liability to the United States under this 
        Act, including a covenant with respect to future liability, for 
        response actions or response costs addressed in the settlement, 
        if all of the following conditions are met:
                    ``(A) The settling party agrees to perform, or 
                there are other adequate assurances of the performance 
                of, a final remedial action authorized by the 
                Administrator for the release or threat of release that 
                is the subject of the settlement.
                    ``(B) The settlement agreement has been reached 
                prior to the commencement of litigation against the 
                settling party under section 106 or 107 of this Act 
                with respect to this facility.
                    ``(C) The settling party waives all contribution 
                rights against other potentially responsible parties at 
                the facility.
                    ``(D) The settling party pays a premium that 
                compensates for the risks of remedy failure; future 
                liability resulting from unknown conditions; 
                unanticipated increases in the cost of any uncompleted 
                response action, unless the settling party is 
                performing the response action; and, where applicable, 
                the United States litigation risk as provided in 
                section 128 (relating to allocation) with respect to 
                persons who have not resolved their liability to the 
                United States under this Act, unless all parties have 
                settled their liability to the United States, or the 
                settlement covers 100 percent of the United States 
                response costs. The President shall have sole 
                discretion to determine the appropriate amount of any 
                such premium, and such determinations are committed to 
                the President's discretion. The President has 
                discretion to waive or reduce the premium payment for 
                persons who demonstrate an inability to pay such a 
                premium.''.
            (2) Paragraph (3) is amended to read as follows:
            ``(3) Discretionary covenants.--For settlements under this 
        Act for which covenants under section 122(f)(1) are not 
        available, the President may, in his discretion, provide any 
        person with a covenant not to sue concerning any liability to 
        the United States under this Act, if the covenant not to sue is 
        in the public interest. Such covenants shall be subject to the 
        requirements of section 122(f)(5). The President may include 
        any conditions in such covenant not to sue, including the 
        additional condition referred to in paragraph (5). In 
        determining whether such conditions or covenants are in the 
        public interest, the President shall consider the nature and 
        scope of the commitment by the settling party under the 
        settlement, the effectiveness and reliability of the response 
        action, the nature of the risks remaining at the facility, the 
        strength of evidence, the likelihood of cost recovery, the 
        reliability of any response action or actions to restore, 
        replace, or acquire the equivalent of injured natural 
        resources, the extent to which performance standards are 
        included in the order or decree, the extent to which the 
        technology used in the response action is demonstrated to be 
        effective, and any other factors relevant to the protection of 
        human health and the environment.''.
            (3) Such subsection (f) is amended by striking paragraph 
        (4) and redesignating paragraphs (5) and (6) as paragraphs (4) 
        and (5), respectively.
            (4) Paragraph (2) is amended by striking ``remedial'' each 
        place it appears and inserting ``response''.
            (5) Subparagraph (A) of paragraph (5) (as so redesignated) 
        is amended--
                    (A) by striking ``remedial'' and inserting 
                ``response'';
                    (B) by striking ``paragraph (2)'' in the first 
                sentence and inserting ``paragraph (1) or (2)'';
                    (C) by striking ``de minimis settlements'' and 
                inserting ``de minimis and other expedited settlements 
                pursuant to subsection (g) of this section''; and
                    (D) by striking ``the President certifies under 
                paragraph (3) that remedial action has been completed 
                at the facility concerned'', and inserting ``that the 
                response action that is the subject of the settlement 
                agreement is selected''.
            (6) Subparagraph (B) of paragraph (5) (as so redesignated) 
        is amended as follows:
                    (i) By striking ``In extraordinary circumstances, 
                the'' and inserting ``The''.
                    (ii) By striking ``those referred to in paragraph 
                (4) and''.
                    (iii) By striking ``if other terms,'' and inserting 
                ``, if the agreement containing the covenant not to sue 
                provides for payment of a premium to address possible 
                remedy failure or any releases that may result from 
                unknown conditions, and if other terms,''.
                    (iv) By inserting at the end the following: ``The 
                President may, in his discretion, waive or reduce the 
                premium payment for persons who demonstrate an 
                inability to pay such a premium.''.

SEC. 214. EXPEDITED FINAL SETTLEMENTS.

    Section 122 is amended as follows:
            (1) Subsection (g) is amended by striking ``(g)'' and all 
        that follows through the end of subparagraph (A) of paragraph 
        (1) and inserting in lieu thereof the following:
    ``(g) Expedited Final Settlement.--
            ``(1) Parties eligible for expedited settlement.--The 
        President shall, as promptly as possible, offer to reach a 
        final administrative or judicial settlement with potentially 
        responsible parties who, in the judgment of the President, meet 
        one or more of the following conditions for eligibility for an 
        expedited settlement:
                    ``(A) The potentially responsible party's 
                individual contribution of hazardous substances at the 
                facility is de minimis. The contribution of hazardous 
                substances to a facility by a potentially responsible 
                party is de minimis if both of the following conditions 
                are met:
                            ``(i) The potentially responsible party's 
                        volumetric contribution of materials containing 
                        hazardous substances is minimal in comparison 
                        to the total volumetric contributions of 
                        materials containing hazardous substances at 
                        the facility; such individual contribution is 
                        presumed to be minimal if it is one percent or 
                        less of the total volumetric contribution at 
                        the facility, unless the Administrator 
                        identifies a different threshold based on site-
                        specific factors.
                            ``(ii) The potentially responsible party's 
                        hazardous substances do not present toxic or 
                        other hazardous effects that are significantly 
                        greater than those of other hazardous 
                        substances at the facility.''.
            (2) Subsection (g) is further amended by inserting after 
        subparagraph (B) of paragraph (1) the following:
                    ``(C) The potentially responsible party's liability 
                is based solely on paragraph (3) or (4) of section 
                107(a), and the arrangement for disposal, treatment, or 
                transport for disposal or treatment, or the acceptance 
                for transport for disposal or treatment, involved only 
                municipal solid waste or sewage sludge. The 
                Administrator may offer to settle the aggregate 
                liability of generators and transporters of municipal 
                solid waste or sewage sludge whose liability is limited 
                pursuant to paragraph (7) of section 107(a) for up to 
                10 percent of the total response costs at the facility.
                    ``(D)(i) The potentially responsible party is a 
                natural person, a small business, or a municipality and 
                can demonstrate to the United States an inability or 
                limited ability to pay response costs. A party who 
                enters into a settlement pursuant to this subparagraph 
                shall be deemed to have resolved its liability under 
                this Act to the United States for all matters addressed 
                in the settlement.
                    ``(ii) For purposes of this subparagraph, the 
                following provisions apply:
                            ``(I) In the case of a small business, the 
                        President shall take into consideration the 
                        ability to pay of the business, if requested by 
                        the business. The term `ability to pay' means 
                        the President's reasonable expectation of the 
                        ability of the small business to pay its total 
                        settlement amount and still maintain its basic 
                        business operations. Such consideration shall 
                        include the business's overall financial 
                        condition and demonstrable constraints on its 
                        ability to raise revenues.
                            ``(II) Any business requesting such 
                        consideration shall promptly provide the 
                        President with all relevant information needed 
                        to determine the business's ability to pay.
                            ``(III) The business shall demonstrate the 
                        amount of its ability to pay. If the business 
                        employs fewer than 20 employees, and has annual 
                        gross revenues of less than $1,800,000 or a net 
                        profit margin of less than 2 percent, the 
                        President shall perform any analysis that may 
                        be required to demonstrate the business's 
                        ability to pay. The President, in his 
                        discretion, may perform such analysis for any 
                        other party or require such other party to 
                        perform the analysis.
                            ``(IV) If the President determines that a 
                        small business is unable to pay its total 
                        settlement amount immediately, the President 
                        shall consider alternative payment methods as 
                        may be necessary or appropriate. The methods to 
                        be considered may include installment payments 
                        to be paid during a period of not to exceed 10 
                        years and the provision of in-kind services.
                    ``(iii) Any municipality which is a potentially 
                responsible party may submit for consideration by the 
                President an evaluation of the potential impact of the 
                settlement on essential services that the municipality 
                must provide, and the feasibility of making delayed 
                payments or payments over time. If a municipality 
                asserts that it has additional environmental 
                obligations besides its potential liability under this 
                Act, then the municipality may create a list of the 
                obligations, including an estimate of the costs of 
                complying with such obligations.
                    ``(iv) Any municipality which is a potentially 
                responsible party may establish an inability to pay 
                through an affirmative showing that such payment of its 
                liability under this Act would either--
                            ``(I) create a substantial demonstrable 
                        risk that the municipality would default 
on existing debt obligations, be forced into bankruptcy, be forced to 
dissolve, or be forced to make budgetary cutbacks that would 
substantially reduce current levels of protection of public health and 
safety; or
                            ``(II) necessitate a violation of legal 
                        requirements or limitations of general 
                        applicability concerning the assumption and 
                        maintenance of fiscal municipal obligations.
                    ``(v) This subparagraph does not limit or affect 
                the President's authority to evaluate any person's 
                ability to pay or to enter into settlements with any 
                person based on that person's inability to pay.''.
            (3) Paragraphs (2) and (3) of subsection (g) are amended to 
        read as follows:
            ``(2) Basis of determination.--Any person who enters into a 
        settlement pursuant to this subsection shall provide any 
        information requested by the President or by an allocator in 
        accordance with section 128(i)(2) (relating to allocation 
        information-gathering authority) or section 104(e) of this Act. 
        The determination of whether a person is eligible for an 
        expedited settlement shall be made on the basis of all 
        information available to the President at the time the 
        determination is made. Neither the President's determination as 
        to the eligibility of a party that is not a department, agency, 
        or instrumentality of the United States for settlement pursuant 
        to this section, nor the terms of the final settlement with 
        such a party, shall be subject to judicial review. If the 
        President determines that a party is not eligible for a 
        settlement pursuant to this section, the President shall 
        explain the basis for that determination in writing to any 
        person who requests such a settlement.
            ``(3) Additional factors relevant to settlements with 
        municipalities.--In any settlement with a municipality pursuant 
        to this Act, the President may take additional equitable 
        factors into account in determining an appropriate settlement 
        amount, including the limited resources available to that 
        party, and any in-kind services that the party may provide to 
        support the response action at the facility. In considering the 
        value of in-kind services, the President shall consider the 
        fair market value of those services.''.
            (4) Subsection (g) is further amended--
                    (A) in paragraph (4), by striking ``$500,000'' and 
                inserting ``$2,000,000''; and
                    (B) by striking paragraph (5).
            (5) Subsection (h) is amended as follows:
                    (A) By amending the heading to read as follows: 
                ``Authority To Settle Claims for Fines, Civil 
                Penalties, Punitive Damages, and Cost Recovery.--''.
                    (B) In paragraph (1):
                            (i) In the first sentence, by striking 
                        ``costs incurred'' and inserting ``past and 
                        future costs incurred or that may be 
                        incurred''.
                            (ii) In the first sentence, by inserting 
                        after ``if the claim has not been referred to 
                        the Department of Justice for further action.'' 
                        the following: ``The head of any department or 
                        agency with the authority to seek fines, civil 
                        penalties, or punitive damages under this Act 
                        may consider, compromise, and settle claims for 
                        any such fines, civil penalties, or punitive 
                        damages which may otherwise be assessed in 
                        civil administrative or judicial proceedings if 
                        the claim has not been referred to the 
                        Department of Justice for further action. If 
                        the total claim for response costs, fines, 
                        civil penalties, or punitive damages exceeds 
                        $2,000,000, such claim may be compromised and 
                        settled only with the prior written approval of 
                        the Attorney General.''.
                    (C) By striking paragraph (4).

SEC. 215. CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS.

    Title I is amended by adding after section 128, as added by section 
207, the following new section:

``SEC. 129. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--As provided in subsections (b), 
(c), (d) and (e), a person who arranged for the recycling of recyclable 
material shall not be liable under section 107(a)(3) or 107(a)(4).
    ``(b) Recyclable Material Defined.--For purposes of this section, 
the term `recyclable material' means scrap paper, scrap plastic, scrap 
glass, scrap textiles, scrap rubber (other than whole tires), scrap 
metal, or spent lead-acid, spent nickel-cadmium and other spent 
batteries, as well as minor amounts of material incident to or adhering 
to the scrap material as a result of its normal and customary use prior 
to becoming scrap.
    ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles, 
or Rubber.--Transactions involving scrap paper, scrap plastic, scrap 
glass, scrap textiles, or scrap rubber (other than whole tires) shall 
be deemed to be arranging for recycling if the person who arranged for 
the transaction (by selling recyclable material or otherwise arranging 
for the recycling of recyclable material) can demonstrate by a 
preponderance of the evidence that all of the following criteria were 
met at the time of the transaction:
            ``(1) The recyclable material met a commercial 
        specification grade.
            ``(2) A market existed for the recyclable material.
            ``(3) A substantial portion of the recyclable material was 
        made available for use as a feedstock for the manufacture of a 
        new saleable product.
            ``(4) The recyclable material could have been a replacement 
        or substitute for a virgin raw material, or the product to be 
        made from the recyclable material could have been a replacement 
        or substitute for a product made, in whole or in part, from a 
        virgin raw material.
            ``(5) For transactions occurring 90 days or more after the 
        date of enactment of this section, the person exercised 
        reasonable care to determine that the facility where the 
        recyclable material would be handled, processed, reclaimed, or 
        otherwise managed by another person (hereinafter in this 
        section referred to as a `consuming facility') was in 
        compliance with substantive (not procedural or administrative) 
        provisions of any Federal, State, or local environmental law or 
        regulation, or compliance order or decree issued pursuant 
        thereto, applicable to the handling, processing, reclamation, 
        storage, or other management activities associated with the 
        recyclable material.
            ``(6) For purposes of this subsection, `reasonable care' 
        shall be determined using criteria that include (but are not 
        limited to) (A) the price paid in the recycling transaction; 
        (B) the ability of the person to detect the nature of the 
        consuming facility's operations concerning its handling, 
        processing, reclamation, or other management activities 
        associated with the recyclable material; and (C) the result of 
        inquiries made to the appropriate Federal, State, or local 
        environmental agency (or agencies) regarding the consuming 
        facility's past and current compliance with substantive (not 
        procedural or administrative) provisions of any Federal, State, 
        or local environmental law or regulation, or compliance order 
        or decree issued pursuant thereto, applicable to the handling, 
        processing, reclamation, storage, or other management 
        activities associated with the recyclable material. For the 
        purposes of this paragraph, a requirement to obtain a permit 
        applicable to the handling, processing, reclamation, or other 
        management activity associated with the recyclable materials 
        shall be deemed to be a substantive provision.
    ``(d) Transactions Involving Scrap Metal.--(1) Transactions 
involving scrap metal shall be deemed to be arranging for recycling if 
the person who arranged for the transaction (by selling recyclable 
material or otherwise arranging for the recycling of recyclable 
material) can demonstrate by a preponderance of the evidence that at 
the time of the transaction--
            ``(A) the person met the criteria set forth in subsection 
        (c) with respect to the scrap metal; and
            ``(B) the person was in compliance with any applicable 
        regulations or standards regarding the storage, transport, 
        management, or other activities associated with the recycling 
        of scrap metal that the Administrator promulgates under the 
        Solid Waste Disposal Act subsequent to the enactment of this 
section and with regard to transactions occurring after the effective 
date of such regulations or standards.
    ``(2) For purposes of this section, the term `scrap metal' means--
            ``(A) bits and pieces of metal parts (e.g., bars, turnings, 
        fines, rods, sheets, wire) or metal pieces that may be combined 
        together with bolts or soldering (e.g., radiators, scrap 
        automobiles, railroad box cars), which when worn or superfluous 
        can be recycled; and
            ``(B) metal byproducts that are not one of the primary 
        products of a production process and are not solely or 
        separately produced by the production process (e.g., slag, 
        skimmings, drosses).
The term does not include any steel shipping container with a capacity 
of 30 liters to 3,000 liters, whether intact or not, having any 
hazardous substance (but not metal bits or pieces) in or adhering to 
the container.
    ``(e) Transactions Involving Batteries.--(1) Transactions involving 
spent lead-acid batteries, spent nickel-cadmium batteries or other 
spent batteries shall be deemed to be arranging for recycling if the 
person who arranged for the transaction (by selling recyclable material 
or otherwise arranging for the recycling of recyclable material) can 
demonstrate by a preponderance of the evidence that at the time of the 
transaction--
            ``(A) the person met the criteria set forth in subsection 
        (c) with respect to the spent lead-acid batteries, spent 
        nickel-cadmium batteries, or other spent batteries but did not 
        recover the valuable components of such batteries; and
            ``(B)(i) with respect to transactions involving lead-acid 
        batteries, the person was in compliance with applicable Federal 
        environmental regulations or standards, and any amendments 
        thereto, regarding the storage, transport, management, or other 
        activities associated with the recycling of spent lead-acid 
        batteries;
            ``(ii) with respect to transactions involving nickel-
        cadmium batteries, Federal environmental regulations or 
        standards are in effect regarding the storage, transport, 
        management, or other activities associated with the recycling 
        of spent nickel-cadmium batteries, and the person was in 
        compliance with applicable regulations or standards or any 
        amendments thereto; or
            ``(iii) with respect to transactions involving other spent 
        batteries, Federal environmental regulations or standards are 
        in effect regarding the storage, transport, management, or 
        other activities associated with the recycling of such 
        batteries, and the person was in compliance with applicable 
        regulations or standards or any amendments thereto.
    ``(2) For purposes of paragraph (1)(A) of this subsection, a person 
who, by contract, arranges or pays for processing of batteries by an 
unrelated third person and receives from such third person materials 
reclaimed from such batteries shall not thereby be deemed to recover 
the valuable components of such batteries.
    ``(f) Exclusions.--(1) The exemptions set forth in subsections (c), 
(d), and (e) shall not apply if--
            ``(A) the person had an objectively reasonable basis to 
        believe at the time of the recycling transaction--
                    ``(i) that the recyclable material would not be 
                recycled,
                    ``(ii) that the recyclable material would be burned 
                as fuel, or for energy recovery or incineration, or
                    ``(iii) for transactions occurring before 90 days 
                after the date of the enactment of this section, that 
                the consuming facility was not in compliance with a 
                substantive (not a procedural or administrative) 
                provision of any Federal, State, or local environmental 
                law or regulation, or compliance order or decree issued 
                pursuant thereto, applicable to the handling, 
                processing, reclamation, or other management activities 
                associated with the recyclable material; or
            ``(B) the person added hazardous substances to the 
        recyclable material for purposes other than processing for 
        recycling; or
            ``(C) the person failed to exercise reasonable care with 
        respect to the management and handling of the recyclable 
        material.
    ``(2) For purposes of this subsection, an objectively reasonable 
basis for belief shall be determined using criteria that include (but 
are not limited to) the size of the person's business, customary 
industry practices, the price paid in the recycling transaction, and 
the ability of the person to detect the nature of the consuming 
facility's operations concerning its handling, processing, reclamation 
or other management activities associated with the recyclable material.
    ``(3) For purposes of this subsection, a requirement to obtain a 
permit applicable to the handling, processing, reclamation, or other 
management activities associated with recyclable material shall be 
deemed to be a substantive provision.
    ``(g) Effect on Other Liability.--Nothing in this section shall be 
deemed to affect the liability of a person under paragraph (1) or (2) 
of section 107(a).
    ``(h) PCBs.--An exemption under this section does not apply if the 
recyclable material contained polychlorinated biphenyls in excess of 50 
parts per million or any new standard promulgated pursuant to 
applicable Federal laws.
    ``(i) Regulations.--The Administrator has the authority, under 
section 115, to promulgate regulations concerning this section.
    ``(j) Effect on Pending or Concluded Actions.--The exemptions 
provided in this section shall not affect any concluded judicial or 
administrative action or any judicial action pending prior to the date 
of the enactment of this section.
    ``(k) Liability for Attorneys' Fees for Certain Actions.--Any 
person who commences an action in contribution against a person who is 
not liable by operation of this section shall be liable to that person 
for all reasonable costs of defending that action, including all 
reasonable attorneys' and expert witness fees.
    ``(l) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect--
            ``(1) liability under any other Federal, State, or local 
        statute or regulation promulgated pursuant to any such statute, 
        including any requirements promulgated by the Administrator 
        under the Solid Waste Disposal Act; or
            ``(2) the ability of the Administrator to promulgate 
        regulations under any other statute, including the Solid Waste 
        Disposal Act.''.

SEC. 216. INFORMATION GATHERING AND ACCESS.

    (a) Additional Information.--Section 104(e)(2) (42 U.S.C. 
9604(e)(2)) is amended--
            (1) by striking subparagraph (C) and inserting:
                    ``(C) The ability of a person to pay for or to 
                perform a response action.''.
    (b) Confidentiality Requirements for Contractors.--Paragraph (7) of 
section 104(e) is amended by adding at the end the following new 
subparagraph:
            ``(G)(i) No person described in clause (ii) may disclose 
        any record, report, document, or other information referred to 
        in subparagraph (A)(i) without the permission of the President 
        (or the State, as the case may be).
            ``(ii) A person described in this clause is any person--
                    ``(I) who is not an employee of the United States 
                Government; and
                    ``(II) who, by virtue of the person's duties under 
                a contract or cooperative agreement with the United 
                States under this section to perform work for the 
                United States Government or implement the requirements 
                of this Act, has received information obtained under 
                this section (or any record, report, or document 
                containing such information) which, if requested from 
                the United States Government pursuant to section 552 of 
                title 5, United States Code, would be exempt from 
                disclosure by reason of subsection (b) of such 
                section.''.
    (c) Confidentiality in General.--Subparagraph (A) of section 
104(e)(7) is amended to read as follows:
            ``(A) Any records, reports, documents, or information 
        obtained from any person under this section (including records, 
        reports, documents, or information obtained by representatives 
        of the President (or the State as the case may be) and records, 
        reports, documents, or information obtained pursuant to a 
        contract, grant, or other agreement to perform work pursuant to 
        this section) shall be available to the public not later than 
        45 days after the records, reports, or information is obtained, 
        except as follows:
                    ``(i) Upon a showing satisfactory to the President 
                (or the State, as the case may be) by any person that 
                records, reports, documents, or information, or any 
                particular part thereof (other than health or safety 
                effects data), to which the President (or the State, as 
                the case may be) or any officer, employee, or 
                representative has access under this section if made 
                public would divulge information entitled to protection 
                under section 1905 of title 18, United States Code, 
                such information or particular portion thereof shall be 
                considered confidential in accordance with the purposes 
                of that section, except as otherwise provided in this 
                clause. Any such record, report, document, or 
                information may be disclosed to other officers, 
                employees, or authorized representatives of the United 
                States carrying out this Act, when relevant in any 
                proceeding under this Act, including any allocator 
                appointed pursuant to section 128. If such records, 
                reports, documents, or information are obtained or 
                submitted to the United States (or the State, as the 
                case may be) pursuant to a contract, grant, or other 
                agreement to perform work pursuant to this section, 
                such record, report, document, or information may be 
                disclosed to persons from whom the President seeks to 
                recover costs pursuant to this Act.
                    ``(ii) This section does not require that 
                information which is exempt from disclosure pursuant to 
                section 552(a) of title 5, United States Code, by 
                reason of subsection (b) of such section, be available 
                to the public. The disclosure of any such information 
                pursuant to this section shall not authorize disclosure 
                to other parties or be deemed to waive any 
                confidentiality privilege available under any Federal 
                or State law.''.
    (d) Availability of Information to Congress.--Subsection 104(e) is 
further amended by adding after paragraph (7) the following new 
paragraph:
            ``(8) Availability of information to congress.--Nothing in 
        this subsection shall be construed to authorize any person, 
        including any allocator appointed pursuant to section 128, to 
        withhold any documents or information from Congress, or any 
        duly authorized Committee thereof, or limit in any manner the 
        right of Congress, or any duly authorized Committee thereof, to 
        obtain such documents or information.''.

             TITLE III--BROWNFIELDS AND VOLUNTARY CLEANUPS

             TITLE III--BROWNFIELDS AND VOLUNTARY CLEANUPS

Sec. 301. State voluntary response programs.
Sec. 302. Lender and fiduciary liability.
Sec. 303. Innocent landowners.
Sec. 304. Limitation on Federal enforcement actions under CERCLA for 
                            States with approved remedial action 
                            programs.
Sec. 305. Bona fide prospective purchaser liability.

SEC. 301. STATE VOLUNTARY RESPONSE PROGRAMS.

    (a) Findings.--Congress finds the following:
            (1) Brownfields are abandoned or underutilized industrial 
        sites that may contain environmental contamination, often 
        located in urban and economically distressed areas.
            (2) Brownfields, which may number in the hundreds of 
        thousands nationwide, devalue surrounding property, erode local 
        tax bases, and prevent job growth.
            (3) Despite potentially great productive value, prospective 
        developers avoid brownfields because of the uncertainty of 
        cleanup and development costs, which leads to construction on 
        undeveloped so-called greenfield sites, contributing to urban 
        sprawl, creating infrastructure problems, and reducing the 
        amount of open spaces.
            (4) Lenders and fiduciaries hesitate to finance or 
        encourage projects to redevelop brownfields because of 
        liability for environmental contamination and the uncertainty 
        of cleanup and development costs, and therefore brownfields 
        remain undeveloped and the environmental contamination is not 
        quickly addressed.
            (5) Redevelopment and cleanup of brownfields would reduce 
        environmental contamination, encourage job growth, and curb the 
        development of greenfields.
            (6) State voluntary programs to address environmental 
        contamination, and Federal liability reforms to encourage 
        lenders and developers to invest in brownfield sites, can be 
        very effective in promoting the redevelopment of brownfields.
    (b) Purposes and Objectives.--The purposes and objectives of this 
section are to--
            (1) significantly increase the pace of response activities 
        at contaminated sites by promoting and encouraging the 
        creation, development, and expansion of State voluntary 
        response programs; and
            (2) benefit the public health, welfare, and the environment 
        by returning contaminated sites to economically productive or 
        other beneficial uses.
    (c) State Voluntary Response Programs.--Title I is amended by 
adding after section 129, as added by section 215, the following new 
section:

``SEC. 130. STATE VOLUNTARY RESPONSE PROGRAMS.

    ``(a) Assistance to States.--The Administrator shall provide 
technical and other assistance to States to establish and expand 
voluntary response programs to include any of the elements listed in 
subsection (b).
    ``(b) Elements of Voluntary Response Program.--The elements of a 
voluntary response program eligible for assistance under subsection (a) 
are the following:
            ``(1) Opportunities for technical assistance for voluntary 
        response actions.
            ``(2) Adequate opportunities for public participation, 
        including prior notice and opportunity for comment, in 
        appropriate circumstances, in selecting response actions.
            ``(3) Procedures to ensure expeditious voluntary response 
        actions.
            ``(4) Adequate oversight and enforcement authorities to 
        ensure that voluntary response actions are protective of human 
        health and the environment, are conducted in accordance with an 
        appropriate response action plan and ensure, if necessary, 
        completion of response actions if the person conducting the 
        voluntary response action fails or refuses to complete the 
        necessary response activities, including operation and 
        maintenance or long-term monitoring activities.
            ``(5) Mechanisms for the approval of a voluntary response 
        action plan.
            ``(6) A requirement for a certification or similar 
        documentation from the State to the person conducting the 
        voluntary response action indicating that the response is 
        complete.''.

SEC. 302. LENDER AND FIDUCIARY LIABILITY.

    (a) Lender Liability.--(1) Section 107 (42 U.S.C. 9607) is amended 
by adding after subsection (n), as added by section 203, the following 
new subsection:
    ``(o) Lender Liability.--
            ``(1) Participation in management.--
                    ``(A) In general.--A person who holds indicia of 
                ownership primarily to protect the person's security 
                interest in a vessel or facility shall not be 
                considered to have participated in management, as that 
                term is used in section 101(20), unless the person--
                            ``(i) exercises decisionmaking control over 
                        the borrower's environmental compliance, 
                        including undertaking responsibility for the 
                        hazardous substance handling or disposal 
                        practices of the vessel or facility; or
                            ``(ii) exercises control at a level 
                        comparable to that of a manager of the 
                        borrower's vessel or facility, including 
                        assuming or manifesting responsibility for the 
                        overall management of the vessel or facility 
                        encompassing day-to-day decisionmaking over 
                        either environmental compliance or over the 
                        operational, as opposed to financial and 
                        administrative, aspects of the vessel or 
                        facility.
                    ``(B) Operational aspects defined.--In subparagraph 
                (A)(i), the term `operational aspects' includes 
                functions such as those of a facility or plant manager, 
                operations manager, chief operating officer, or chief 
                executive officer.
            ``(2) Exclusions.--The term `participation in management', 
        as used in section 101(20), does not include any of the 
        following:
                    ``(A) The mere capacity to influence, or ability to 
                influence, or the unexercised right to control vessel 
                or facility operations.
                    ``(B) Any act of a security interest holder to 
                require another person to comply with applicable laws 
                or to respond lawfully to disposal of any hazardous 
                substance.
                    ``(C) Conducting an act or failing to act prior to 
                the time that a security interest is created in a 
                vessel or facility.
                    ``(D) Holding a security interest in a vessel or 
                facility or abandoning or releasing such a security 
                interest.
                    ``(E) Including in the terms of an extension of 
                credit, or in a contract or security agreement relating 
                to such an extension, covenants, warranties, or other 
                terms and conditions that relate to environmental 
                compliance.
                    ``(F) Monitoring or enforcing the terms and 
                conditions of the extension of credit or security 
                interest.
                    ``(G) Monitoring or undertaking 1 or more 
                inspections of the vessel or facility.
                    ``(H) Under subsection (d) of this section, 
                conducting 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 upon the expiration of 
                the term of the extension of credit.
                    ``(I) 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.
                    ``(J) Restructuring, renegotiating, or otherwise 
                agreeing to alter the terms and conditions of the 
                extension of credit or security interest or exercising 
                forbearance.
                    ``(K) Exercising other remedies that may be 
                available under applicable law for the breach of any 
                term or condition of the extension of credit or 
                security agreement.
                    ``(L) Holding legal or equitable title acquired by 
                a security interest holder through foreclosure or its 
                equivalents primarily to protect a security interest, 
                provided that the holder undertakes to sell, re-lease, 
                or otherwise divest the property in a reasonably 
                expeditious manner on commercially reasonable terms, 
                taking into account market conditions and legal and 
                regulatory requirements.
                    ``(M) Conducting or directing another to conduct a 
                response action under section 107(d)(1), under the 
                direction of an on-scene coordinator or pursuant to a 
                State plan under section 114(e) or a State program 
                under subtitle K of the Solid Waste Disposal Act.
            ``(3) Security interest.--The term `security interest', as 
        used in such section 101(20), includes rights under a mortgage, 
        deed of trust, assignment, judgment, lien, pledge, security 
        agreement, factoring agreement, lease, or any other right 
        accruing to person to secure the repayment of money, the 
        performance of a duty, or some other obligation.''.
    (2) Section 101(20) of such Act is amended by adding before the 
period at the end of the last sentence in subparagraph (A) the 
following: ``, as specified in section 107(o)''.
    (b) Fiduciary Liability.--Section 107 is further amended by adding 
at the end the following new subsections:
    ``(p) Liability of Fiduciaries.--
            ``(1) Exclusion of fiduciary from owner or operator.--For 
        purposes of this Act:
                    ``(A) The term `owner or operator', as used in 
                section 101(20), does not include a fiduciary who holds 
                legal title to, is the mortgagee or secured party with 
                respect to, controls, or manages, directly or 
                indirectly, any facility or vessel for purposes of 
                administering an estate or trust of which such facility 
                or vessel is a part.
                    ``(B) The term `fiduciary' does not include any 
                person who had a role in establishing a trust, estate, 
                or fiduciary relationship, and such trust, estate, or 
                fiduciary relationship has no objectively reasonable or 
                substantial purpose apart from the avoidance or 
                limitation of liability under this Act. The term means 
                a person who is acting in any of the following 
                representative capacities:
                            ``(i) An executor or administrator of an 
                        estate, including a voluntary executor or a 
                        voluntary administrator.
                            ``(ii) A guardian.
                            ``(iii) A conservator.
                            ``(iv) A trustee under a will under which 
                        the trustee takes title to, or otherwise 
                        controls or manages, property for the purpose 
                        of protecting or conserving such property under 
                        the ordinary rules applied in State courts.
                            ``(v) A court-appointed receiver.
                            ``(vi) A trustee appointed in proceedings 
                        under Federal bankruptcy laws.
                            ``(vii) An assignee or a trustee acting 
                        under an assignment made for the benefit of 
                        creditors.
                            ``(viii) A trustee, or any successor 
                        thereto, pursuant to an indenture agreement, 
                        trust agreement, lease, or similar financing 
                        agreement, for debt securities, certificates of 
                        interest of participation in any such debt 
                        securities, or other forms of indebtedness as 
                        to which it is not, in its capacity as trustee, 
                        the lender.
                    ``(C) A person acts in a `fiduciary capacity' with 
                respect to property if the person holds title to such 
                property, or otherwise has control of or an interest in 
                such property, pursuant to the exercise of such 
                person's responsibilities as a fiduciary.
            ``(2) Amount of liability.--The liability of a fiduciary 
        that is liable under any other provision of this Act for the 
        release or threatened release of a hazardous substance at, 
        from, or in connection with property held in a fiduciary 
        capacity, may not exceed the assets held in such fiduciary 
        capacity that are available to indemnify the fiduciary.
            ``(3) Exemption.--Except as provided in paragraph (4), a 
        fiduciary shall not be liable in its individual capacity under 
        this section.
            ``(4) Exceptions.--Nothing in this subsection may be 
        construed as preventing claims under this Act against--
                    ``(A) the assets of the estate or trust 
                administered by a fiduciary; or
                    ``(B) non-employee agents or independent 
                contractors retained by a fiduciary.
            ``(5) Negligence or intentional misconduct.--Nothing in 
        this subsection may be construed as preventing claims under 
        this Act against a fiduciary in its individual capacity whose 
        negligent acts or intentional misconduct caused a release or 
        threatened release of hazardous substances at a facility or 
        vessel.
            ``(6) Safe harbor.--A fiduciary shall not be liable in its 
        individual capacity under this Act--
                    ``(A) for conducting or directing another to 
                conduct a response action under section 107(d)(1), 
                under the direction of an on-scene coordinator or 
                pursuant to a State plan under section 114(e) or a 
                State program under subtitle K of the Solid Waste 
                Disposal Act;
                    ``(B) for undertaking or directing another to 
                undertake any other lawful means of addressing 
                hazardous substances in connection with the property;
                    ``(C) for terminating the fiduciary relationship;
                    ``(D) for including in the terms of the fiduciary 
                agreement covenants, warranties, or other terms and 
                conditions that relate to compliance with environmental 
                laws, or monitoring or enforcing such terms;
                    ``(E) for monitoring or undertaking inspections of 
                the property;
                    ``(F) for providing financial or other advice or 
                counseling to other parties to the fiduciary 
                relationship, including the settler or beneficiary;
                    ``(G) for restructuring, renegotiating, or 
                otherwise altering the terms and conditions of the 
                fiduciary relationship;
                    ``(H) for contamination that occurred before the 
                fiduciary's period of service began; or
                    ``(I) for declining to take any of the actions 
                described in subparagraphs (B) through (G).
    ``(q) Liability Limitations.--
            ``(1) Actual benefit.--The liability of a lender that is 
        liable under any other provision of this Act for the release or 
        threatened release of a hazardous substance at, from, or in 
        connection with property--
                    ``(A) acquired through foreclosure;
                    ``(B) subject to a security interest held by such 
                lender;
                    ``(C) held by a lessor pursuant to the terms of an 
                extension of credit; or
                    ``(D) subject to financial control or financial 
                oversight pursuant to the terms of an extension of 
                credit;
        shall be limited to the actual benefit conferred on such lender 
        by a removal, remedial, or other response action undertaken by 
        another person.
            ``(2) Computation of actual benefit.--For purposes of this 
        section, the actual benefit conferred on a lender by a removal, 
        remedial, or other response action shall be equal to the net 
        gain, if any, realized by such lender due to such action. For 
        purposes of this subsection, the `net gain' shall not exceed 
        the amount realized by the lender on the sale of property less 
        acquisition, holding, and disposition costs.
            ``(3) Exclusion.--Notwithstanding paragraph (1), but 
        subject to the provisions of section 107(d), a lender that 
        directly caused or contributed to the release of a hazardous 
        substance may be liable for a response action pertaining to 
        that release.
            ``(4) Definitions.--For purposes of this Act, the following 
        definitions shall apply:
                    ``(A) Property acquired through foreclosure.--
                            ``(i) In general.--The term `property 
                        acquired through foreclosure' means property 
                        acquired, or the act of acquiring property, 
                        from a nonaffiliated party by a lender--
                                    ``(I) through purchase at sales 
                                under judgment or decree, power of 
                                sales, nonjudicial foreclosure sales, 
                                or from a trustee, deed in lieu of 
                                foreclosure, or similar conveyance, or 
                                through repossession, if such property 
                                was security for an extension of credit 
                                previously contracted;
                                    ``(II) through conveyance pursuant 
                                to an extension of credit previously 
                                contracted, including the termination 
                                of a lease agreement; or
                                    ``(III) through any other formal or 
                                informal manner by which the lender 
                                temporarily acquires, for subsequent 
                                disposition, possession of collateral 
                                in order to protect its interest.
                            ``(ii) Exclusion.--Property is not acquired 
                        through foreclosure if the lender does not seek 
                        to sell or otherwise divest such property in a 
                        reasonably expeditious manner, on commercially 
                        reasonable terms, taking into account market 
                        conditions and legal and regulatory 
                        requirements.
                    ``(B) Lender.--The term `lender' means--
                            ``(i) a person that makes a bona fide 
                        extension of credit to, or takes a security 
                        interest from, another party;
                            ``(ii) the Federal National Mortgage 
                        Association, the Federal Home Loan Mortgage 
                        Corporation, the Federal Agricultural Mortgage 
                        Corporation, or other entity that in a bona 
                        fide manner is engaged in the business of 
                        buying or selling loans or interests therein.
                            ``(iii) any person engaged in the business 
                        of insuring or guaranteeing against a default 
                        in the repayment of an extension of credit, or 
                        acting as a surety with respect to an extension 
                        of credit, to another party; and
                            ``(iv) any person regularly engaged in the 
                        business of providing title insurance who 
                        acquires the property as a result of assignment 
                        or conveyance in the course of underwriting 
                        claims and claims settlement.
                    ``(C) Extensions of credit.--The term `extension of 
                credit' includes a lease finance transaction--
                            ``(i) in which the lessor does not 
                        initially select the leased property and does 
                        not during the lease term control the daily 
                        operations or maintenance of the property; or
                            ``(ii) that conforms to any regulations 
                        issued by the appropriate Federal banking 
                        agency (as defined in section 3 of the Federal 
                        Deposit Insurance Act) or the appropriate State 
                        banking regulatory authority.
                    ``(D) Foreclosure; foreclose.--The terms 
                `foreclosure' and `foreclose' mean, respectively, 
                acquiring, and to acquire, a vessel or facility 
                through--
                            ``(i) purchase at sale under a judgment or 
                        decree, a power of sale, a nonjudicial 
                        foreclosure sale, or from a trustee, deed in 
                        lieu of foreclosure, or similar conveyance, or 
                        through repossession, if such 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, possession of collateral in order 
                        to protect the security interest of the 
                        person.-
    ``(r) Savings Clause.--Nothing in subsections (o), (p), and (q) 
(relating to lender and fiduciary liability) shall diminish the rights 
or immunities or other defenses that are available under this section 
to any party subject to the provisions of those subsections.''.

SEC. 303. INNOCENT LANDOWNERS.

    Section 107, as amended by section 302, is further amended by 
adding at the end the following new subsection:
    ``(s) Innocent Landowners.--
            ``(1) Conduct of environmental assessment.-- A person who 
        has acquired real property shall have made all appropriate 
        inquiry within the meaning of subparagraph (B) of section 
        101(35) if he establishes that, within 180 days prior to the 
        time of acquisition, an environmental site assessment of the 
        real property was conducted which meets the requirements of 
        this subparagraph.
            ``(2) Definition of environmental site assessment.--For 
        purposes of this subsection, the term `environmental site 
        assessment' means an assessment conducted in accordance with 
        the standards set forth in the American Society for Testing and 
        Materials (ASTM) Standard E1527-94, titled `Standard Practice 
        for Environmental Site Assessments: Phase I Environmental Site 
        Assessment Process' or with alternative standards issued by 
        rule by the Administrator or promulgated or developed by others 
        and designated by rule by the Administrator. Before issuing or 
        designating alternative standards, the Administrator shall 
        first conduct a study of commercial and industrial practices 
        concerning environmental site assessments in the transfer of 
        real property in the United States. Any such standards issued 
        or designated by the Administrator shall also be deemed to 
        constitute commercially reasonable and generally accepted 
        standards and practices for purposes of this paragraph. In 
        issuing or designating any such standards, the Administrator 
        shall consider requirements governing each of the following:
                    ``(A) Interviews of owners, operators, and 
                occupants of the property to determine information 
                regarding the potential for contamination.
                    ``(B) Review of historical sources as necessary to 
                determine previous uses and occupancies of the property 
                since the property was first developed. For purposes of 
                this subclause, the term `historical sources' means any 
                of the following, if they are reasonably ascertainable: 
                recorded chain of title documents regarding the real 
                property, including all deeds, easements, leases, 
                restrictions, and covenants, aerial photographs, fire 
                insurance maps, property tax files, USGS 7.5 minutes 
                topographic maps, local street directories, building 
                department records, zoning/land use records, and any 
                other sources that identify past uses and occupancies 
                of the property.
                    ``(C) Determination of the existence of recorded 
                environmental cleanup liens against the real property 
                which have arisen pursuant to Federal, State, or local 
                statutes.
                    ``(D) Review of reasonably ascertainable Federal, 
                State, and local government records of sites or 
                facilities that are likely to cause or contribute to 
                contamination at the real property, including, as 
                appropriate, investigation reports for such sites or 
                facilities; records of activities likely to cause or 
                contribute to contamination at the real property, 
                including landfill and other disposal location records, 
                underground storage tank records, hazardous waste 
                handler and generator records and spill reporting 
                records; and such other reasonably ascertainable 
                Federal, State, and local government environmental 
                records which could reflect incidents or activities 
                which are likely to cause or contribute to 
                contamination at the real property.
                    ``(E) A visual site inspection of the real property 
                and all facilities and improvements on the real 
                property and a visual inspection of immediately 
                adjacent properties, including an investigation of any 
                hazardous substance use, storage, treatment, and 
                disposal practices on the property.
                    ``(F) Any specialized knowledge or experience on 
                the part of the defendant.
                    ``(G) The relationship of the purchase price to the 
                value of the property if uncontaminated.
                    ``(H) Commonly known or reasonably ascertainable 
                information about the property.
                    ``(I) The obviousness of the presence or likely 
                presence of contamination at the property, and the 
                ability to detect such contamination by appropriate 
                investigation.
        A record shall be considered to be `reasonably ascertainable' 
        for purposes of this paragraph if a copy or reasonable 
        facsimile of the record is publicly available by request 
        (within reasonable time and cost constraints) and the record is 
        practically reviewable.
            ``(3) Maintenance of information.--No presumption shall 
        arise under paragraph (1) unless the defendant has maintained a 
        compilation of the information reviewed and gathered in the 
        course of the environmental site assessment.
            ``(4) Definition of contamination.--For the purposes of 
        this subsection and section 101(35), the term `contamination' 
        means an existing release, a past release, or the material 
        threat of a release of a hazardous substance, other than de 
        minimis conditions that generally do not present a material 
        risk of harm to public health or welfare or the environment.''.
    (b) Cross Reference.--Section 101(35)(B) (42 U.S.C. 9601(35)(B)) is 
amended by inserting after ``all appropriate inquiry'' the following: 
``(as specified in section 107(s))''.

SEC. 304. LIMITATION ON FEDERAL ENFORCEMENT ACTIONS UNDER CERCLA FOR 
              STATES WITH APPROVED REMEDIAL ACTION PROGRAMS.

    Section 114 is amended by adding at the end the following new 
subsection:
    ``(e) Facilities in States With Approved Remedial Action 
Programs.--
            ``(1) Enforcement prohibition.--
                    ``(A) Releases subject to state plans.--For any 
                facility at which there is a release or threatened 
                release of hazardous substances subject to a State 
                remedial action plan adopted under a State program 
                approved as provided in this subsection, neither the 
                President nor any other person may use any authority of 
                this Act to take a new administrative or judicial 
                enforcement action, or to bring a private civil action, 
                against any person regarding any matter that is within 
                the scope of such plan.
                    ``(B) Releases not currently subject to state 
                plans.--For any facility at which there is a release or 
                threatened release of hazardous substances that is not 
                subject to a State remedial action plan in a State with 
                an approved program, the President shall provide notice 
                to the State within 48 hours after issuing any order 
                under section 106(a) addressing such release or 
                threatened release. Such an order in an approved State 
                shall cease to have any force and effect 90 days after 
                issuance unless the State concurs in the continuation 
                of such order.
                    ``(C) Cost or damage recovery actions.--No action 
                brought by a State or Indian tribe for the recovery of 
                costs or damages under section 107 shall be treated as 
                an administrative or judicial enforcement action or a 
                private civil action for purposes of subparagraph (A).
            ``(2) State remedial action programs.--Any State may 
        establish and submit to the Administrator for approval a 
        remedial action program to carry out remedial action plans 
        pursuant to State law with respect to releases or threatened 
        releases of hazardous substances at any category or categories 
        of facilities.
            ``(3) Relationship to subtitle k.--In the case of any 
        remedial action program under subtitle K of the Solid Waste 
        Disposal Act for hazardous substances covered by an authorized 
        State program under such subtitle, the authorization of such 
        program shall be treated as the approval of a program under 
        paragraph (2) of this subsection with respect to such 
        substances.
            ``(4) Approval and disapproval of application.--
                    ``(A) In general.--On the last day of the 60-day 
                period beginning on the date the Administrator receives 
                an application made in accordance with paragraph (2), 
                the application is deemed to be approved unless within 
                such 60-day period the Administrator disapproves the 
                application. The Administrator may disapprove the 
                application only if the Administrator finds that the 
                State does not have the legal authority and the 
                financial and personnel resources, organization, and 
                expertise to carry out such remedial action program. 
                The Administrator may not place any terms or conditions 
                on an authorization made pursuant to this section.
                    ``(B) Explanation and resubmittal.--If the 
                Administrator disapproves an application by making one 
                of the findings specified in subparagraph (A), the 
                Administrator shall notify the Governor in writing of 
                the disapproval and explain the basis for such finding 
                within 10 days after making such finding but in no 
                event later than 60 days after receiving the 
                application. A notification under this subparagraph is 
                final agency action for purposes of judicial review. A 
                State may submit a revised application any time after 
                receiving notice of disapproval.
            ``(5) Withdrawal of approval.--If the Administrator finds 
        that a State does not meet the requirements for an approval of 
        a program under this subsection, the Administrator may withdraw 
        the approval after providing notice and an opportunity to 
        correct deficiencies. The Administrator shall notify a State in 
        writing prior to withdrawing approval. If the State has not 
        addressed the deficiencies listed in the Administrator's 
        notification within 90 days after receiving the notification, 
        the approval may be withdrawn.''.
            ``(6) Definition.--The term `remedial action plan' means a 
        document, or portion of a document, including any order, 
        permit, or agreement, that is entered into with, or subject to 
        the approval and oversight of a State with an approved program 
        under this subsection which describes--
                    ``(A) the hazardous substances being managed;
                    ``(B) the manner in which the substance will be 
                managed; and
                    ``(C) the schedule for implementation.''.

SEC. 305. BONA FIDE PROSPECTIVE PURCHASER LIABILITY.

    (a) Liability.--Section 107(n), as added by section 203, is amended 
by redesignating paragraph (11) as paragraph (12) and by adding after 
paragraph (10) the following new paragraph:
            ``(11) Bona fide prospective purchaser.--(A) 
        Notwithstanding paragraphs (1) through (4) of subsection (a), a 
        person who does not impede the performance of a response action 
        or natural resource restoration at a facility shall not be 
        liable to the extent liability at such facility is based solely 
        on paragraph (1) of subsection (a) for a release or threat of 
        release from the facility, and the person is a bona fide 
        prospective purchaser of the facility.
            ``(B) For purposes of this paragraph, the term `bona fide 
        prospective purchaser' means a person who acquires ownership of 
        a facility after the date of enactment of the Reform of 
        Superfund Act of 1995, or a tenant of such a person, who can 
        establish each of the following by a preponderance of the 
        evidence:
                    ``(i) All active disposal of hazardous substances 
                at the facility occurred before that person acquired 
                the facility.
                    ``(ii) The person made all appropriate inquiry into 
                the previous ownership and uses of the facility and its 
                real property in accordance with generally accepted 
                commercial and customary standards and practices. 
                Standards described in section 107(s)(2) (relating to 
                innocent landowners) shall satisfy the requirements of 
                this subparagraph. In the case of property for 
                residential or other similar use, purchased by a 
                nongovernmental or noncommercial entity, a site 
                inspection and title search that reveal no basis for 
                further investigation satisfy the requirements of this 
                subparagraph.
                    ``(iii) The person provided all legally required 
                notices with respect to the discovery or release of any 
                hazardous substances at the facility.
                    ``(iv) The person exercised appropriate care with 
                respect to hazardous substances found at the facility 
                by taking reasonable steps to stop on-going releases, 
                prevent threatened future releases of hazardous 
                substances, and prevent or limit human or natural 
                resource exposure to hazardous substances previously 
                released into the environment.
                    ``(v) The person provides full cooperation, 
                assistance, and facility access to persons 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.
                    ``(vi) The person is not affiliated with any other 
                person liable for response costs at the facility, 
                through any direct or indirect familial relationship, 
                or any contractual, corporate, or financial 
                relationship other than that created by the instruments 
                by which title to the facility is conveyed or 
                financed.''.
    (b) Prospective Purchaser and Windfall Lien.--Section 107, as 
amended by section 303, is further amended by inserting after 
subsection (s) the following new subsection:
    ``(t) Prospective Purchaser and Windfall Lien.--(1) In any case in 
which there are unrecovered response costs at a facility for which an 
owner of the facility is not liable by reason of section 107(n)(11), 
and the conditions described in paragraph (2) are met, the United 
States shall have a lien upon such facility for such unrecovered costs. 
Such lien--
            ``(A) shall not exceed the increase in fair market value of 
        the property attributable to the response action at the time of 
        a subsequent sale or other disposition of property;
            ``(B) shall arise at the time costs are first incurred by 
        the United States with respect to a response action at the 
        facility;
            ``(C) shall be subject to the requirements for notice and 
        validity established in paragraph (3) of subsection (l); and
            ``(D) shall continue until the earlier of satisfaction of 
        the lien or recovery of all response costs incurred at the 
        facility.
    ``(2) The conditions referred to in paragraph (1) are the 
following:
            ``(A) A response action for which there are unrecovered 
        costs is carried out at the facility.
            ``(B) Such response action increases the fair market value 
        of the facility above the fair market value of the facility 
        that existed within six months before the response action was 
        taken.
    ``(3) No lien under this section shall arise (A) with respect to 
property for which the property owner preceding the first bona fide 
prospective purchaser is not a liable party or has resolved its 
liability under this Act, or (B) where an environmental assessment 
gives the bona fide prospective purchaser no knowledge or reason to 
know of the release of hazardous substances.''.

                   TITLE IV--NATURAL RESOURCE DAMAGES

Sec. 401. Natural resource damages.

SEC. 401. NATURAL RESOURCE DAMAGES.

    (a) In General.--Section 107(a)(4)(C) is amended to read as 
follows:
            ``(C) damages for measurable and ecologically significant 
        injury to, destruction of, or loss of natural resources, 
        including the reasonable costs of assessing such injury, 
        destruction, or loss, caused by an actual release, and''.
    (b) General Limitations on Liability.--
            (1) In general.--Section 107(c) is amended as follows:
                    (A) By striking ``(c)'' and inserting ``(c) 
                Limitations on Liability.--''.
                    (B) By aligning paragraph (1) as a paragraph below 
                the heading for subsection (c) (as added by 
                subparagraph (A), by moving the margin of such 
                paragraph 2 ems to the right, by inserting ``In 
                general.--'' after ``(1)'', and by moving the margins 
                of subparagraphs (A), (B), and (C) of that paragraph 2 
                ems to the right.
                    (C) By amending subparagraph (D) of paragraph (1) 
                to read as follows:
                    ``(D) for any incineration vessel the total of all 
                costs of response plus $50,000,000 for any damages 
                under this title.''.
                    (D) In paragraph (2), by striking ``Notwithstanding 
                the limitations in paragraph (1)'' and inserting 
                ``Exceptions for willful misconduct and failure to 
                cooperate.--Notwithstanding the limitations in 
                paragraphs (1) and (4)'' and by striking ``or willful 
                negligence''.
                    (E) In paragraph (3), by inserting ``Punitive 
                damages.--'' before ``If any''.
                    (F) By moving the margins of paragraphs (2) and (3) 
                2 ems to the right.
                    (G) By adding the following new paragraph at the 
                end thereof:
            ``(4) Natural resource damage limitation for facilities.--
        Except as provided in paragraphs (1) and (2), the aggregate 
        liability of all responsible parties for damages under 
        subsection (a)(4)(C) caused by the cumulative releases from all 
        facilities shall not exceed $50,000,000 for the following:
                    ``(A) Any area of contamination listed under 
                section 105(a)(8)(B).
                    ``(B) The entire contiguous area of contamination, 
                in the case of any area not listed under section 
                105(a)(8)(B).''.
    (c) Natural Resource Liability.--Section 107(f) is amended to read 
as follows:
    ``(f) Natural Resource Liability.--
            ``(1) Definitions.--For purposes of this subsection:
                    ``(A) Restoration.-- The term `restoration' means 
                rehabilitation, natural recovery, or replacement of an 
                injured, destroyed, or lost natural resource, or 
                acquisition of a substitute or alternative resource of 
                similar type with a reasonable proximity to the 
                injured, destroyed or lost natural resource, to 
                reestablish the measurable and ecologically significant 
                functions, including public use, that such natural 
                resource would have provided to the public under the 
                baseline condition.
                    ``(B) Reasonable restoration measures.--The term 
                `reasonable restoration measures' means those 
                restoration measures that are cost-effective, cost-
reasonable, and achieve restoration in a timely manner.
                    ``(C) Cost-effective.--The term `cost-effective' 
                means the least costly of two or more restoration 
                alternatives or lost use replacement or acquisition 
                alternatives which provide the same or a similar level 
                of services to the public.
                    ``(D) Cost-reasonable.--The term `cost-reasonable' 
                means that the costs of a restoration alternative or 
                the costs of a lost use replacement or acquisition 
                alternative do not exceed the value of the services 
                that will be provided to the public by the selected 
                alternative. Cost-reasonableness shall be based upon a 
                determination of the incremental costs and the 
                incremental benefits of alternatives for reestablishing 
                various degrees of services up to baseline.
                    ``(E) Timely.--The term `timely' means the shortest 
                period of time necessary to meet restoration 
                requirements that takes into account both cost-
                effective and cost-reasonable criteria.
            ``(2) In general.--(A) In the case of a measurable and 
        ecologically significant injury to, destruction of, or loss of 
        natural resources under subparagraph (C) of subsection (a), 
        liability shall be--
                    ``(i) to the United States Government for any 
                natural resources that are owned or held in trust by 
                the United States Government or that are selected for 
                transfer (but not transferred as of the date of the 
                injury, destruction, or loss) to an Alaska Native 
                Corporation as part of its acreage entitlement under 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.);
                    ``(ii) to any State for natural resources within 
                the State that are owned, managed, or held in trust by 
                such State or appertaining to an interstate compact to 
                which such State is a signatory; and
                    ``(iii) to any Indian tribe for natural resources 
                that are owned, managed, or held in trust by or 
                appertaining to such tribe or that are owned by a 
                member of such tribe if such resources are subject to a 
                trust restriction on alienation.
            ``(B) Sums recovered by the United States Government as 
        trustee under this subsection shall be retained by the trustee, 
        without further appropriations, for use only for reasonable 
        restoration measures for such natural resources. Sums recovered 
        by a State or Indian tribe as trustee under this subsection 
        shall be available for use only for reasonable restoration 
        measures for such natural resources by the State or Indian 
        tribe.
            ``(3) Conditions.--(A) The measure of damages in any action 
        under subparagraph (C) of subsection (a) shall be limited to 
        the costs of reasonable restoration, the costs of reasonable 
        assessments of damages, and the value of lost public use of the 
        services provided by the injured natural resources.
            ``(B) The value of lost public use of the services provided 
        by injured natural resources shall be limited to the cost of 
        replacement of the lost services with, or the acquisition of, 
        similar services provided by natural resources. The value of 
        public use lost before December 11, 1980, shall not be 
        recoverable. In determining the value of lost public use, only 
        committed uses may be used to measure the change from the 
        baseline condition that resulted from injury to the natural 
        resource. The baseline condition means the condition or 
        conditions that would have existed had the release or releases 
        of a hazardous substance or substances that caused the injury, 
        distribution, or loss not occurred.
            ``(C) There shall be no recovery under subparagraph (C) of 
        subsection (a) for any impairment of nonuse values.
            ``(D) There shall be no double recovery under subparagraph 
        (C) of subsection (a) for injury to, destruction of, or loss of 
        natural resources, whether for damages, natural resource damage 
        response costs, or otherwise, including assessment costs, under 
        this Act or any other law.
            ``(E) No liability to the United States or State or Indian 
        tribe shall be imposed under subparagraph (C) of subsection (a) 
        where the party sought to be charged has demonstrated that--
                    ``(i) the damages to natural resources complained 
                of were specifically identified as an irreversible and 
                irretrievable commitment of natural resources in an 
                environmental impact statement, other comparable 
                environment analysis, or the final record of decision; 
                or
                    ``(ii)(I) the decision to grant a permit or license 
                authorized such commitment of natural resources; and
                    ``(II) the facility or project was otherwise 
                operating within the terms of its permit or license.
            ``(F) There shall be no recovery under the authority of 
        subparagraph (C) of subsection (a) where such damages and the 
        release of a hazardous substance from which such damages 
        resulted have occurred wholly before December 11, 1980.
            ``(4) Damage assessment.--(A) Any natural resource damage 
        assessment conducted for the purposes of this Act and 
        paragraphs (4) and (5) of section 311(f) of the Federal Water 
        Pollution Control Act made by a Federal, State, or tribal 
        trustee shall be performed in accordance with the regulations 
        promulgated under section 301(c) of this Act, except that other 
        methods for assessing natural resource damages may be used if 
        such methods will yield a more cost-effective and cost-
        reasonable plan for the restoration of natural resources 
        damaged by a particular discharge of hazardous substances. The 
        party proposing use of such other methods shall in all 
        instances have the burden of establishing that such methods 
        will yield a more cost-effective and cost-reasonable plan for 
        restoration than assessments performed in accordance with the 
        regulations. Injury determination, restoration planning, and 
        quantification of restoration costs shall be based on an 
        assessment of actual site-specific conditions and restoration 
        requirements. Such assessments shall be based on, and performed 
        in accordance with, generally accepted scientific and technical 
        standards, literature, and methodologies that ensure the 
        validity, reliability, and cost-effectiveness of assessment 
        results. Such damage assessments may be used by a trustee as 
        the basis for a natural resource damage claim only if the 
        assessment demonstrates that the hazardous substance release in 
        question was a substantial contributing factor of the alleged 
        natural resource injuries.
            ``(B) As part of its claim, a trustee may recover only 
        those costs that were incurred directly or indirectly to 
        evaluate the site-specific conditions and to implement 
        restoration measures that are the subject matter of the natural 
        resource damage action.
            ``(5) Selection of restoration alternatives.--When 
        selecting reasonable restoration measures, including natural 
        recovery, or when selecting lost use replacement or acquisition 
        alternatives a trustee shall select cost-effective and cost-
        reasonable methods for achieving restoration.''.
    (d) Section 113 Litigation.--The third sentence of section 
113(f)(1) is amended to read as follows: ``In resolving contribution 
claims, the court may allocate response costs and natural resource 
damages among liable parties using such equitable factors as the court 
determines are appropriate.''.
    (e) Reports and Studies.--Section 301(c) is amended to read as 
follows:
    ``(c) Reports and Studies.--(1) The President, acting through 
Federal officials designated by the National Contingency Plan published 
under section 105 of this Act, shall promulgate regulations for the 
assessment of natural resource damages and restoration costs for injury 
to, destruction of, or loss of natural resources resulting from a 
release of oil or a hazardous substance for the purposes of this Act 
and section 311(f)(4) and (5) of the Federal Water Pollution Control 
Act.
    ``(2) Such regulations shall specify protocols for conducting 
assessments in individual cases to determine measurable and 
ecologically significant injury, destruction, or loss. Such regulations 
shall identify the best available procedures to determine damages for 
the costs of reasonable restoration and reasonable assessment, and 
shall take into consideration the ability of the natural resource to 
recover naturally and the availability of replacement or alternative 
resources.
    ``(3) The regulations shall require that, in the case of a site 
where more than 1 Federal or State trustee intends to conduct an 
assessment, the trustees shall designate a lead trustee at the site. 
Such designation shall be done not later than 180 days after first 
notice to the responsible parties that a natural resource damage 
assessment will be made. Failure by a trustee to participate in the 
designation of a lead trustee shall preclude the trustee from seeking 
costs from a responsible party.''.
    (f) Savings Clause.--Section 302 is amended by adding at the end 
the following new subsection:
    ``(e) Natural Resource Damages.--Nothing in this Act shall affect 
or modify in any way the rights of any person under other Federal or 
State law, including common law, to seek restitution for natural 
resource damages.''.

                          TITLE V--STATE ROLE

                          TITLE V--STATE ROLE

Sec. 501. Authorization of State programs at national priorities list 
                            facilities.
Sec. 502. National Priorities List cap.
Sec. 503. State and local reimbursement for response actions.

SEC. 501. AUTHORIZATION OF STATE PROGRAMS AT NATIONAL PRIORITIES LIST 
              FACILITIES.

    (a) State Programs.--Title I (42 U.S.C. 9601 et seq.) is amended by 
adding after section 130, as added by section 301, the following new 
section:

``SEC. 131. STATE DELEGATION AT NPL FACILITIES.

    ``(a) State Authority.--
            ``(1) Actions for which authority may be delegated.--The 
        Administrator may, in accordance with this section, delegate 
        authority to a State to take any or all of the following 
        actions at any or all facilities within the State that are 
        listed on the National Priorities List:
                    ``(A) Response actions under section 104.
                    ``(B) Response actions under section 106(a) and 
                enforcement under section 106(b).
                    ``(C) Cost recovery actions under section 107.
                    ``(D) Authority under subsections (e) and (h) 
                (other than (h)(2)) of section 120.
                    ``(E) Remedy selections under section 121.
                    ``(F) Settlements under section 122.
                    ``(G) Allocations under section 128.
                    ``(H) Community participation activities under 
                section 117.
            ``(2) Application for state authority.--(A) The Governor of 
        a State may submit to the Administrator an application for 
        State delegation of one or more of the authorities listed in 
        paragraph (1) with respect to one or more facilities, and may 
        periodically seek amendments to its delegated authority to add 
        or delete facilities or actions for which authority is 
        delegated, as follows:
                    ``(i) States with rcra corrective action 
                authority.--In the case of a State that is authorized 
                to administer and enforce corrective action 
                requirements pursuant to section 3006 of the Solid 
                Waste Disposal Act, the application shall contain the 
                following:
                            ``(I) A list of facilities on the National 
                        Priorities List within the State for which 
                        authority is requested.
                            ``(II) A list of the actions for which 
                        delegated authority is requested.
                            ``(III) A certification that the State has 
                        adequate legal authority to request and accept 
                        the authority requested.
                            ``(IV) A certification that the State has 
                        the legal authority to enforce the authority 
                        requested.
                            ``(V) If the delegation includes facilities 
                        at which source, special nuclear, or byproduct 
                        materials have been releases or at which there 
                        is a threat of such a release, a demonstration 
                        that the State has expertise in radionuclides.
                    ``(ii) Other states.--In the case of a State that 
                is not authorized as described in clause (i) pursuant 
                to section 3006 of such Act, the application shall 
                contain the following:
                            ``(I) A list of facilities on the National 
                        Priorities List within the State for which 
                        authority is requested.
                            ``(II) A list of the actions for which 
                        authority is requested.
                            ``(III) A certification that the State has 
                        adequate legal authority to request and accept 
                        the authority requested.
                            ``(IV) A certification that the State has 
                        the legal authority and the financial and 
                        personnel resources, organization, and 
                        expertise (including a demonstration of 
                        expertise in radionuclides for facilities at 
                        which source, special nuclear, or byproduct 
                        materials have been released or at which there 
                        is a threat of such a release) to administer 
                        and enforce the authority requested.
            ``(3) Approval and disapproval of application.--
                    ``(A) In general.--On the last day of the 60-day 
                period beginning on the date the Administrator receives 
                an application made in accordance with paragraph (2), 
                the application is deemed to be approved unless within 
                such 60-day period the Administrator disapproves the 
                application by making one of the following findings:
                            ``(i) In the case of an application 
                        submitted pursuant to paragraph (2)(A)(i), a 
                        finding that the State does not have adequate 
                        legal authority to request and accept the 
                        authority requested.
                            ``(ii) In the case of an application 
                        submitted pursuant to paragraph (2)(A)(ii), a 
                        finding that the State does not have the 
                        financial and personnel resources, 
                        organization, or expertise to administer and 
                        enforce the authority requested, or does not 
                        have adequate legal authority to request and 
                        accept the authority requested.
                    ``(B) Terms and conditions prohibited.--The 
                Administrator may not place any terms or conditions on 
                a delegation made pursuant to this section.
                    ``(C) Explanation and resubmittal.--If the 
                Administrator disapproves an application by making one 
                of the findings in clause (i) or (ii) of subparagraph 
                (A), the Administrator shall notify the Governor in 
                writing of the disapproval and explain the basis for 
                such finding within 10 days after making such finding 
                but in no event later than 60 days after receiving the 
                application. A notification under this subparagraph is 
                final agency action for purposes of judicial review. A 
                Governor may submit a revised application any time 
                after receiving notice of disapproval.
    ``(b) State Responsibilities and Authorities.--
            ``(1) Procedures and requirements.--When selecting a remedy 
        at a facility for which the State has been delegated to take 
        such action pursuant to subsection (a), a State shall select a 
        remedy pursuant to section 121 of this Act. A State shall 
        determine liability for response costs and damages at such 
        facility pursuant to section 107 of this Act.
            ``(2) Certification of use of funds.--Not later than one 
        year after a State receives funds pursuant to subsection (d), 
        and annually thereafter for as long as the State receives such 
        funds, the Governor of the State shall submit to the 
        Administrator the following:
                    ``(A) A certification that the State has used the 
                funds in accordance with the requirements of this 
                section and this Act.
                    ``(B) Information describing the manner in which 
                the State has used the funds.
                    ``(C) Such other information about the use of the 
                funds as the Administrator considers necessary.
            ``(3) Delisting of national priorities list facilities.--
        After notice and an opportunity for public comment, a State 
        authorized pursuant to subsection (a) to take the action 
        described in subparagraph (A), (B), or (E) of paragraph (1) of 
        that subsection with respect to a facility may--
                    ``(A) delist the facility, or portion thereof, from 
                the National Priorities List if the State finds that no 
                further action to address the contamination at the 
                facility (or portion thereof) is necessary to 
                adequately protect human health and the environment 
                from realistic and significant risks; or
                    ``(B) with the concurrence of the potentially 
                responsible parties, delist the facility, or portion 
                thereof, from the National Priorities List if the State 
                has an enforceable agreement to clean up the facility 
                or if cleanup will proceed at the facility under the 
                Solid Waste Disposal Act.
            ``(4) Cost recovery.--All response costs paid by the State 
        using funds from State funds recovered under section 107 by a 
        State for costs incurred at a facility for which the State has 
        delegated authority to take such action pursuant to subsection 
        (a) shall be retained by the State. All response costs paid by 
        funds from the Hazardous Substance Superfund established under 
        subchapter A of chapter 98 of the Internal Revenue Code of 1986 
        recovered under section 107 by a State for costs incurred at a 
        facility for which the State has delegated authority to take 
        such action pursuant to subsection (a) shall be deposited into 
        such Superfund. Notwithstanding paragraph (1), the 
        Administrator may take actions under section 107 to recover 
        response costs at such a facility.
    ``(c) Federal Responsibilities and Authorities.--
            ``(1) Review of use of funds.--The Administrator shall 
        review the certification submitted by the Governor pursuant to 
        subsection (b)(2) within 120 days after its submission. If the 
        Administrator finds that funds were used in a manner that is 
        clearly inconsistent with the provisions of this Act, the 
        Administrator shall notify the Governor in writing within 120 
        days after receiving the Governor's certification. If the 
        Governor fails to demonstrate within 30 days after receiving 
        such notice that the Administrator's finding is in error, or 
        that the misuse or misapplication of funds is being corrected, 
        the Administrator may request reimbursement of such sums as the 
        Administrator has found to be misapplied or misused or bring an 
        action in the appropriate United States district court to 
        recover the amount of funds used in a manner clearly 
        inconsistent with the provisions of this Act.
            ``(2) Withdrawal of delegation.--
                    ``(A) Certified states.--If the Administrator finds 
                that a State does not meet the requirements for a 
                delegation of authority under subsection (a)(2), or is 
                exercising such authority in a manner clearly 
                inconsistent with the requirements of this Act, the 
                Administrator may withdraw all of the State's delegated 
                authority after providing notice and an opportunity to 
                correct deficiencies pursuant to subparagraph (B).
                    ``(B) Notice and opportunity to rectify.--The 
                Administrator shall notify a State in writing prior to 
                withdrawing any delegated authority approved pursuant 
                to subsection (a). If the State has not addressed the 
                deficiencies listed in the Administrator's notification 
                within 90 days after receiving the notification, the 
                authority may be withdrawn.
            ``(3) Prohibited actions.--Except as provided in 
        subsections (b)(4) and (e), the Administrator is prohibited 
        from taking any actions under sections 104, 106, 107, 117, 121, 
        122, and section 128 (relating to mandatory allocations at 
        multiparty facilities), and under subsections (e) and (h) 
        (other than subsection (h)(2)) of section 120, at any facility 
        on the National Priorities List for which authority to take 
        such actions has been delegated to a State under this section.
    ``(d) Funding.--
            ``(1) In general.--The cost to a State of exercising any 
        delegated authorities shall be funded as such costs arise, 
        where such costs may be determined on a site-specific basis, 
        except as provided in paragraph (5). The Administrator shall 
        publish a list of the activities for which costs may and may 
        not be determined on a site-specific basis.
            ``(2) Formula.--The Administrator may establish a formula 
        to allocate funds among States for program activities for which 
        costs cannot be determined on a site-specific basis. In 
        establishing the formula by which funds may be allocated to a 
        particular State, the Administrator shall consider the 
        following:
                    ``(A) The cost of administering the delegated 
                authority.
                    ``(B) The number of facilities for which the State 
                has been delegated authority.
                    ``(C) The types of activities for which the State 
                has been delegated authority.
                    ``(D) The number of facilities within the State on 
                the National Priorities List.
                    ``(E) The number of other high priority facilities 
                within the State.
                    ``(F) The need for development of the State 
                program.
                    ``(G) The need for additional personnel.
                    ``(H) The amount of resources available through 
                State programs for the cleanup of contaminated 
                facilities.
                    ``(I) The benefit to human health and the 
                environment of providing the funding.
            ``(3) Use of funds.--A State may use funds provided under 
        this section to take any actions or perform any duties 
        necessary to implement its delegated authority.
            ``(4) Cost share.--A State may not use funds provided under 
        this section unless the State provides assurances that it will 
        pay the amount described in section 104(c)(3). A State may not 
        use funds appropriated to carry out the purposes of this 
        section to make such payments.
            ``(5) Reimbursement for removal actions under section 
        104.--The cost to a State of exercising any delegated removal 
        authority under section 104 shall be reimbursed in accordance 
        with section 123.
    ``(e) Relationship to Cooperative Agreements.--Nothing in this 
section shall affect the authority of the Administrator under section 
104(d)(1) of this Act to enter into a cooperative agreement with a 
State or political subdivision or Indian Tribe.''.
    (b) State Cost Share.--(1) Section 104(c) (42 U.S.C. 9604(c)) is 
amended by striking paragraph (3) and inserting the following:
            ``(3)(A) Neither the Administrator, nor a State at a 
        facility for which the State has been delegated authority 
        pursuant to section 131(a) to take remedial action, shall 
        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 Administrator 
        providing assurances deemed adequate by the Administrator that 
        the State will pay, in cash or through in-kind contributions, a 
        specified percentage of the costs of the remedial action and 
        operation and maintenance costs. The specified percentage shall 
        be 10 percent except as provided in subparagraph (B).
            ``(B) Upon receiving a petition from a State, the Director 
        of the Office of Management and Budget (hereinafter the 
        `Director') shall establish a lower State cost share percentage 
        to apply in lieu of the 10 percent cost share set forth in 
        subparagraph (A) for the costs of remedial action and operation 
        and maintenance costs in the State, and provide notice and an 
        opportunity for comment. For any petition, the percentage of 
        the cost share shall be uniform for all facilities in the State 
        for which a cost share is required and for which a cost share 
        is established pursuant to such petition. The Director shall 
        set the cost share at the percentage rate at which total 
        anticipated payments by the State under the cost share for all 
        facilities in the State for which a cost share is required most 
        closely approximate the total estimated cost share payments by 
        the State for such facilities that would have been required 
        under cost share requirements that were applicable prior to the 
        date of enactment of this subparagraph, adjusted to reflect the 
        extent to which the State's ability to recover costs under this 
        Act have been reduced by reason of the enactment of the Reform 
        of Superfund Act of 1995. If the cost share computed under this 
        subparagraph is higher than the cost share specified in 
        subparagraph (A), the cost share specified in subparagraph (A) 
        shall apply. The Director may adjust a State's cost share under 
        this subsection not more frequently than every 3 years.
            ``(C) 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 shall not apply.''.
    (c) Relationship to Other Laws.--Section 114(a) (42 U.S.C. 9614(a)) 
is amended by striking ``Nothing'' and inserting the following: 
``Except as provided in paragraphs (1) and (2) of section 131(b), 
nothing''.
    (d) Conforming Amendment.--Section 106(a) is amended by inserting 
after ``Attorney General of the United States'' the following: ``(or, 
in the case of a State delegation under section 131, the appropriate 
State official)''.

SEC. 502. NATIONAL PRIORITIES LIST CAP.

    (a) Cap.--Section 105 is amended by adding at the end the following 
new subsection:
    ``(h) Cap on Additions to National Priorities List.--(1) 
Notwithstanding any other provision of this section, the President may 
not add any facility to the National Priorities List after December 31, 
2002.
    ``(2) After the date of the enactment of the Reform of Superfund 
Act of 1995 and subject to paragraph (3), the President may add 
facilities to the National Priorities List only in accordance with the 
following schedule:
            ``(A) No more than 30 facilities in 1996.
            ``(B) No more than 25 facilities in 1997.
            ``(C) No more than 20 facilities in 1998.
            ``(D) No more than 20 facilities in 1999.
            ``(E) No more than 10 facilities in 2000.
            ``(F) No more than 10 facilities in 2001.
            ``(G) No more than 10 facilities in 2002.
    ``(3) The President may add a facility in a State under paragraph 
(2) only with the concurrence of the State and the affected local 
government. For purposes of this paragraph, the term `affected local 
government' means the elected officials of the city, town, township, 
borough, county, or parish exercising primary responsibility for the 
use of land on which the facility is located or proposed to be located.
    ``(4) In determining which facilities shall be added to the 
National Priorities List, the President shall place the highest 
priority on facilities with releases of hazardous substances which 
result in actual ongoing human exposure at levels resulting in 
demonstrated adverse health effects.''.
    (b) Cross Reference.--Subparagraph (B) of section 105(a)(8) is 
amended by inserting after ``shall revise the list'' the following: ``, 
subject to subsection (h),''.

SEC. 503. STATE AND LOCAL REIMBURSEMENT FOR RESPONSE ACTIONS.

    Section 123 is amended to read as follows:

``SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS.

    ``(a) Application.--Any State or general purpose unit of local 
government for a political subdivision which is affected by a release 
or threatened release at any facility may apply to the President for 
reimbursement under this section.
    ``(b) Reimbursement.--
            ``(1) Emergency response.--The President is authorized to 
        reimburse general purpose units of local government for 
        expenses incurred in carrying out emergency response actions 
        necessary to prevent or mitigate injury to human health or the 
        environment associated with the release or threatened release 
        of any hazardous substance or pollutant or contaminant. Such 
        actions may include, where appropriate, security fencing to 
        limit access, cleanup of illicit drug laboratories, response to 
        fires and explosions, and other activities which require 
        immediate response at the State or local level.
            ``(2) Removal actions.--The President is authorized to 
        reimburse States for expenses incurred in carrying out removal 
        actions under section 104. No reimbursement may be provided 
        under this paragraph to any State for expenses incurred before 
        the date of the enactment of the Reform of Superfund Act of 
        1995.
            ``(3) State or local funds not supplanted.--Reimbursement 
        under this section shall not supplant State or local funds 
        normally provided for response.
    ``(c) Amount.--(1) The amount of any reimbursement to any general 
purpose unit of local government under subsection (b)(1) may not exceed 
$25,000 for a single response. The reimbursement under this section 
with respect to a single facility shall be limited to the general 
purpose units of local government having jurisdiction over the 
political subdivision in which the facility is located.
    ``(2) The amount of any reimbursement to a State under subsection 
(b)(2) may not exceed $50,000 for a single response. The reimbursement 
under this section with respect to a single facility shall be limited 
to the State in which the facility is located.
    ``(3) The amounts allowed for the State and general purpose units 
of local government may not be combined for any single response action.
    ``(d) Procedure.--Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator within 1 year after the enactment of the Reform of 
Superfund Act of 1995.''.

                      TITLE VI--FEDERAL FACILITIES

                      TITLE VI--FEDERAL FACILITIES

Sec. 601. State role at Federal facilities.
Sec. 602. Innovative technologies for remedial action at Federal 
                            facilities.
Sec. 603. Contents of certain deeds.
Sec. 604. Transfers of uncontaminated property.
Sec. 605. Federal entities and facilities.
Sec. 606. Factor to be applied in criteria for determining listing of 
                            Federal facilities on National Priorities 
                            List.
Sec. 607. Notification regarding uncontaminated property at Federal 
                            facilities.
Sec. 608. Annual studies of priorities at Federal facilities.
Sec. 609. Judicial removals.

SEC. 601. STATE ROLE AT FEDERAL FACILITIES.

    Subsection (g) of section 120 is amended to read as follows:
    ``(g) State Role at Federal Facilities.--
            ``(1) Enforcement and dispute resolution.--(A) An 
        interagency agreement under this section between a State and 
        any department, agency, or instrumentality of the United States 
        shall be enforceable by the State or the Federal department, 
        agency, or instrumentality in the United States district court 
        for the district in which the facility is located. The district 
        court shall have the jurisdiction to enforce compliance with 
        any provision, standard, regulation, condition, requirement, 
        order, or final determination which has become effective under 
        such agreement, and to impose any appropriate civil penalty 
        provided for any violation of the agreement, not to exceed 
        $25,000 per day.
            ``(B) At a Federal facility in a State to which the 
        President's authorities under subsection (e)(4) have been 
        transferred pursuant to section 131(a), if the State does not 
        concur in the remedy selection proposed by the Federal 
        department, agency, or instrumentality that owns or operates 
        the facility, the parties shall enter into dispute resolution 
        as provided in the interagency agreement. If there is no 
        interagency agreement, the State shall, not later than 120 days 
        after the transfer of authorities under section 131(a), enter 
        into an agreement with the head of the department, agency, or 
        instrumentality on a process for resolving disputes regarding 
        remedy selection for the facility. If a dispute is unresolved 
        after using the process under the interagency agreement or 
        dispute resolution agreement, the head of the Federal 
        department, agency, or instrumentality that owns the Federal 
        facility and the Governor of the State shall attempt to resolve 
        such dispute by consensus. If no agreement is reached between 
        the head of the Federal department, agency, or instrumentality 
        and the Governor, the State may issue the final determination. 
        In order to compel implementation of the State's selected 
        remedy, the State must bring a civil action in the appropriate 
        United States district court. The district court shall have 
        jurisdiction as provided in subparagraph (A) to issue any 
        relief that may be necessary to implement the remedial action, 
        to impose appropriate civil penalties not to exceed $25,000 per 
        day from the date the selected remedy becomes final, and to 
        review any challenges to the State's final determination 
        consistent with the standards set forth in section 113(j) of 
        this Act.
            ``(2) Limitation.--Except as necessary to implement the 
        transfer of the Administrator's authorities to a State pursuant 
        to section 131(a), nothing in this subsection shall be 
        construed as altering, modifying, or impairing in any manner, 
        or authorizing the unilateral modification of, any terms of any 
        agreement, permit, administrative or judicial order, decree, or 
        interagency agreement existing on the effective date of the 
        Reform of Superfund Act of 1995. Any other modifications or 
        revisions of an interagency agreement entered into under this 
        section shall require the consent of all parties to such 
        agreement, and absent such consent the agreement shall remain 
        unchanged.
            ``(3) Effect on other authorities.--Nothing in this 
        subsection shall affect the exercise by a State of any other 
        authorities that may be applicable to Federal facilities in the 
        State.''.

SEC. 602. INNOVATIVE TECHNOLOGIES FOR REMEDIAL ACTION AT FEDERAL 
              FACILITIES.

    (a) In General.--Section 311 (42 U.S.C. 9660) is amended by adding 
at the end the following:
    ``(h) Federal Facilities.--
            ``(1) Designation.--The President may designate a facility 
        that is owned or operated by any department, agency, or 
        instrumentality of the United States, and that is listed or 
        proposed for listing on the National Priorities List, to 
        facilitate the research, development, and application of 
        innovative technologies for remedial action at the facility.
            ``(2) Use of facilities.--
                    ``(A) In general.--A facility designated under 
                paragraph (1) shall be made available to Federal 
                departments and agencies, State departments and 
                agencies, and public and private instrumentalities, to 
                carry out activities described in paragraph (1).
                    ``(B) Coordination.--The Administrator--
                            ``(i) shall coordinate the use of the 
                        facilities with the departments, agencies, and 
                        instrumentalities of the United States; and
                            ``(ii) may approve or deny the use of a 
                        particular innovative technology for remedial 
                        action at any such facility.
            ``(3) Considerations.--
                    ``(A) Evaluation of schedules and penalties.--In 
                considering whether to permit the application of a 
                particular innovative technology for remedial action at 
                a facility designated under paragraph (1), the 
                Administrator shall evaluate the schedules and 
                penalties applicable to the facility under any 
                agreement or order entered into under section 120.
                    ``(B) Amendment of agreement or order.--If, after 
                an evaluation under subparagraph (A), the Administrator 
                determines that there is a need to amend any agreement 
                or order entered into pursuant to section 120, the 
                Administrator shall comply with all provisions of the 
                agreement or order, respectively, relating to the 
                amendment of the agreement or order.''.
    (b) Report to Congress.--Section 311(e) (42 U.S.C. 9660(e)) is 
amended--
            (1) by striking ``At the time'' and inserting the 
        following:
            ``(1) In general.--At the time''; and
            (2) by adding at the end the following:
            ``(2) Additional information.--A report under paragraph (1) 
        shall include information on the use of facilities described in 
        subsection (h)(1) for the research, development, and 
        application of innovative technologies for remedial activity, 
        as authorized under subsection (h).''.

SEC. 603. CONTENTS OF CERTAIN DEEDS.

    Section 120(h)(3) (42 U.S.C. 9620(h)(3)) is amended in the matter 
following subparagraph (C) by inserting after ``the Administrator'' 
both places it appears the following: ``or, in the case of real 
property that is not part of a facility on the National Priorities 
List, to the Governor of the affected State''.

SEC. 604. TRANSFERS OF UNCONTAMINATED PROPERTY.

    Section 120(h)(4)(A) (42 U.S.C. 9620(h)(4)(A)) is amended in the 
first sentence by striking ``stored for one year or more, '' and by 
striking the comma after ``released''.

SEC. 605. FEDERAL ENTITIES AND FACILITIES.

    Section 120 (42 U.S.C. 9620) is amended as follows:
            (1) By amending the heading to read as follows:

``SEC. 120. FEDERAL ENTITIES AND FACILITIES.''.

            (2) By amending paragraph (1) of subsection (a) to read as 
        follows:
            ``(1)(A) Each department, agency, and instrumentality of 
        the executive, legislative, and judicial branches of the United 
        States shall be subject to, and comply with, all Federal, 
        State, interstate and local requirements, both substantive and 
        procedural (including any requirements for permits or 
        reporting, or any provisions for injunctive relief and such 
        sanctions as may be imposed by a court to enforce such relief), 
        regarding response actions related to, or management of, 
        hazardous substances, pollutants, or contaminants in the same 
        manner, and to the same extent, as any nongovernmental entity 
        is subject to such requirements, including enforcement and 
        liability under sections 106 and 107 of this title and the 
        payment of reasonable service charges.
            ``(B) The Federal, State, interstate, and local substantive 
        and procedural requirements referred to in subparagraph (A) 
        include, but are not limited to, all administrative orders and 
        all civil and administrative penalties and fines, regardless of 
        whether such penalties and fines are punitive or coercive in 
        nature. The United States hereby expressly waives any immunity 
        otherwise applicable to the United States with respect to any 
        such substantive or procedural requirement (including, but not 
        limited to, any injunctive relief, administrative order or 
        civil or administrative penalty or fine referred to in the 
        preceding sentence, or reasonable service charge).
            ``(C) The reasonable service charges referred to in this 
        paragraph include, but are not limited to, fees or charges 
        assessed in connection with the processing and issuance of 
        permits, renewal of permits, amendments to permits, review of 
        plans, studies, and other documents, and inspection and 
        monitoring of facilities, as well as any other 
        nondiscriminatory charges that are assessed in connection with 
        a State, interstate, or local response program.
            ``(D) Neither the United States, nor any agent, employee, 
        or officer thereof, shall be immune or exempt from any process 
        or sanction of any State or Federal court with respect to the 
        enforcement of any injunctive relief.
            ``(E) No agent, employee, or officer of the United States 
        shall be personally liable for any civil penalty under any 
        Federal or State response law with respect to any act or 
        omission within the scope of their official duties. An agent, 
        employee, or officer of the United States shall be subject to 
        any criminal sanction (including, but not limited to, any fine 
or imprisonment) under any Federal or State response law, but no 
department, agency, or instrumentality of the executive, legislative, 
or judicial branch of the United States shall be subject to any such 
sanctions.
            ``(F) The waiver of sovereign immunity provided in this 
        paragraph shall not apply to the extent a State law would apply 
        any standard or requirement to such Federal department, agency, 
        or instrumentality in a manner which is more stringent than 
        such standard or requirement would be applied to any other 
        person.
            ``(G) Nothing in this section shall be construed to affect 
        the liability of any person or entity other than a department, 
        agency, or instrumentality of the United States under sections 
        106 and 107 of this Act.
            ``(H)(i) The Administrator or a State with delegated 
        authority may issue an order under section 106 of this Act to 
        any department, agency, or instrumentality of the executive, 
        legislative, or judicial branch of the United States. The 
        Administrator or a State with delegated authority shall 
        initiate an administrative enforcement action against such a 
        department, agency, or instrumentality in the same manner and 
        under the same circumstances as action would be initiated 
        against any other person.
            ``(ii) No administrative order issued to such department, 
        agency, or instrumentality shall become final until such 
        department, agency, or instrumentality has had the opportunity 
        to confer with the President or a State with delegated 
        authority.
            ``(I) Each such department, agency, and instrumentality 
        shall have the right to contribution protection set forth in 
        section 113, when such department, agency, or instrumentality 
        resolves its liability under this Act.''.
            (3) By striking paragraph (4) of subsection (a).
            (4) By inserting ``(other than the indemnification 
        requirements of section 119)'' after ``responsibility'' in 
        subsection (a)(3).

SEC. 606. FACTOR TO BE APPLIED IN CRITERIA FOR DETERMINING LISTING OF 
              FEDERAL FACILITIES ON NATIONAL PRIORITIES LIST.

    Subsection (d) of section 120 (42 U.S.C. 9620) is amended by 
inserting after ``persons.'' the following: ``An appropriate factor as 
referred to in section 105(a)(8)(A) may include the extent to which the 
Federal land managing agency has arranged with the Administrator or the 
relevant State agency to respond to the release or threatened release 
pursuant to other legal authority.''.

SEC. 607. NOTIFICATION REGARDING UNCONTAMINATED PROPERTY AT FEDERAL 
              FACILITIES.

    Subsection (d) of section 120 (42 U.S.C. 9620) is amended by adding 
at the end the following: ``Upon identification of parcels of 
uncontaminated property pursuant to subsection (h)(4), the President 
may provide notice that the listing does not include the identified 
clean parcels.''.

SEC. 608. ANNUAL STUDIES OF PRIORITIES AT FEDERAL FACILITIES.

    (a) Study Requirement.--The head of each Federal department, 
agency, or instrumentality each fiscal year shall conduct a study to 
determine priorities among environmental management activities, within 
the funds available for such activities during such fiscal year, at 
facilities owned or operated by the department, agency, or 
instrumentality and on the National Priorities List.
    (b) Use of Standard Methodologies.--In conducting the study, the 
head of each department, agency, or instrumentality shall develop and 
apply standard methodologies for evaluating and ranking such 
priorities.
    (c) Matters To Be Considered.--In conducting the study, the head of 
the department, agency, or instrumentality shall consider a range of 
issues, including the following:
            (1) Health, safety, and environmental risks.
            (2) Reduction of infrastructure costs and life-cycle 
        cleanup costs.
            (3) Economic development concerns.
            (4) Views of affected citizens.
    (d) Participation.--In conducting the study, the head of the 
department, agency, or instrumentality shall provide for the 
participation, at a minimum, of the State in which the facility is 
located; the Administrator of the Environmental Protection Agency or a 
State with authorized under section 131; the department, agency, or 
instrumentality being regulated; and any affected citizens or entities.
    (e) Report.--Not later than 90 days after the date of the enactment 
of the annual appropriation Act providing funds for a Federal 
department, agency, or instrumentality, the head of the department, 
agency, or instrumentality shall submit to Congress a report on the 
results of the study required by this section.
    (f) Effect of Study on Enforceable Agreements.--A study conducted 
under this section shall in no way impair or diminish the obligation of 
any department, agency, or instrumentality of the United States to 
comply with requirements agreed to under section 120 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, unless such requirements have been specifically--
            (1) addressed; or
            (2) waived;
without objection from the State or Federal regulating agency.

SEC. 609. JUDICIAL REMOVALS.

    Section 113(b) is amended by inserting after the first sentence the 
following: ``Any action initiated in any State or local court against 
the United States (or any department, agency, instrumentality, officer, 
or employee of the United States) regarding liability or response 
actions related to, or the release, disposal, or management of, 
hazardous wastes or hazardous substances, may be removed by the United 
States (or any department, agency, instrumentality, officer, or 
employee of the United States) to the appropriate United States 
District Court in accordance with section 1446 of title 28, United 
States Code.''.

                        TITLE VII--MISCELLANEOUS

                        TITLE VII--MISCELLANEOUS

Sec. 701. Definitions.
Sec. 702. Response claims procedures.
Sec. 703. Small business ombudsman.
Sec. 704. Consideration of local government cleanup priorities.
Sec. 705. Savings clause.
Sec. 706. Report and oversight requirements.
Sec. 707. Response authorities.

SEC. 701. DEFINITIONS.

    Section 101 (42 U.S.C. 9601) is amended as follows:
            (1) Paragraph (10)(H) is amended by striking ``subject to'' 
        and inserting ``in compliance with''.
            (2) Paragraph (11) is amended by striking out ``Response 
        Fund established by section 221 of this Act'' and all that 
        follows through the end of the paragraph and inserting in lieu 
        thereof ``Superfund established by section 9507 of the Internal 
        Revenue Code of 1986.''.
            (3) Paragraph (14) is amended by adding at the end the 
        following: ``Such term does not include any naturally occurring 
        radioactive materials.''.
            (4) Paragraph (20) is amended as follows:
                    (A) In subparagraph (A), by inserting ``the United 
                States or'' after ``similar means to''.
                    (B) In subparagraph (D)--
                            (i) in the first sentence by inserting 
                        ``the United States or'' after ``does not 
                        include'';
                            (ii) in the second sentence, by inserting 
                        ``any department, agency, or instrumentality of 
                        the United States or'' before ``any State''; 
                        and
                            (iii) in the second sentence, by striking 
                        ``a'' after ``such'' and inserting 
                        ``department, agency, or instrumentality of the 
                        United States or''.
                    (C) by adding after subparagraph (D) the following 
                new subparagraph:
            ``(E) The term `owner or operator' shall not include the 
        United States or any department, agency, or instrumentality of 
        the United States or a conservator or receiver appointed by a 
        department, agency, or instrumentality of the United States if 
        the United States or the conservator or receiver meets both of 
        the following conditions:
                    ``(i) The United States, conservator, or receiver 
                acquired ownership or control of a vessel or facility 
                (or any right or interest therein)--
                            ``(I) in connection with the exercise of 
                        receivership or conservatorship authority or 
                        the liquidation or winding up of the affairs of 
                        any entity subject to a receivership or 
                        conservatorship, including any subsidiary 
                        thereof; and
                            ``(II) in connection with the exercise of 
                        any seizure or forfeiture authority.
                    ``(ii) The United States, conservator, or receiver 
                does not participate in the management of the vessel or 
                facility operations that result in a release or threat 
                of release of hazardous substances and complies with 
                such other requirements as the Administrator may set 
                forth by regulation.''.
            (5) Paragraph (23) (relating to the terms ``remove'' and 
        ``removal'') is amended--
                    (A) in the first sentence--
                            (i) by striking ``terms'' and inserting 
                        ``term'';
                            (ii) by striking ``necessary'' the first 
                        place it appears and inserting ``necessarily''; 
                        and
                            (iii) by inserting after ``environment, 
                        such actions'' the phrase ``or combination of 
                        such actions'';
                    (B) in the second sentence by striking ``term 
                includes'' and inserting ``terms include''; and
                    (C) by adding at the end the following: ``The term 
                `remove' or `removal' is not limited to emergency 
                situations and includes actions to address future or 
                potential exposures.''.
            (6) Paragraph (25) (relating to the terms ``respond'' and 
        ``response'') is amended--
                    (A) by striking ``terms'' and inserting ``term'';
                    (B) by striking the comma after ``remedial 
                action;''; and
                    (C) by striking ``related thereto'' and inserting 
                ``(including attorneys' fees and expert witness fees) 
                and oversight activities related thereto when such 
                activities are undertaken by the President, a State or 
                Indian Tribe''.
            (7) Paragraph (29) (relating to the terms ``disposal'', 
        ``hazardous waste'', and ``treatment'') is amended by inserting 
        before the period the following: ``, except that the term 
        `hazardous substance' shall be substituted for the term 
        `hazardous waste' in the definitions of `disposal' and 
        `treatment'''.
            (8) Paragraph (33) (relating to the term ``pollutant or 
        contaminant'') is amended by striking ``; except that the'' and 
        inserting ``. The'' and by adding the following at the end 
        thereof: ``Such term does not include any naturally occurring 
radioactive materials.''.
            (9) The following new paragraphs are added at the end:
            ``(39) Municipal solid waste.--The term `municipal solid 
        waste' means all waste materials generated by households, 
        including single and multi-family residences, and hotels and 
        motels. The term also includes waste materials generated by 
        commercial, institutional, and industrial sources, to the 
        extent such wastes (A) are essentially the same as waste 
        normally generated by households, or (B) are collected and 
        disposed of with other municipal solid waste or sewage sludge 
        as part of normal municipal solid waste collection services, 
        and, regardless of when generated, would be considered 
        conditionally exempt small quantity generator waste under 
        regulation issued pursuant to section 3001(d) of the Solid 
        Waste Disposal Act (42 U.S.C. 6921(d)). Examples of municipal 
        solid waste include food and yard waste, paper, clothing, 
        appliances, consumer product packaging, disposable diapers, 
        office supplies, cosmetics, glass and metal food containers, 
        elementary or secondary school science laboratory waste, and 
        household hazardous waste. The term does not include combustion 
        ash generated by resource recovery facilities or municipal 
        incinerators, or waste from manufacturing or processing 
        (including pollution control) operations not essentially the 
        same as waste normally generated by households.
            ``(40) Municipality.--The term `municipality' means a 
        political subdivision of a State, including a city, county, 
        village, town, township, borough, parish, school district, 
        sanitation district, water district, or other public entity 
        performing local governmental functions. The term also includes 
        a natural person acting in the capacity of an official, 
        employee, or agent of any entity referred to in the preceding 
        sentence in the performance of governmental functions.
            ``(41) Qualified household hazardous waste collection 
        program.--The term `qualified household hazardous waste 
        collection program' means a program established by an entity of 
        the Federal Government, a State, a municipality, or an Indian 
        tribe that provides, at a minimum, for semiannual collection of 
        household hazardous wastes at accessible, well-publicized 
        collection points within the relevant jurisdiction.
            ``(42) Sewage sludge.--The term `sewage sludge' means 
        solid, semisolid, or liquid residue removed during the 
        treatment of municipal waste water, domestic sewage, or other 
        waste water at or by publicly owned or federally owned 
        treatment works.
            ``(43) Small business.--The term `small business' refers to 
        any business entity that employs no more than 100 individuals 
        and is a `small business concern' as defined under the Small 
        Business Act (15 U.S.C. 631 et seq.).
            ``(44) Small nonprofit organization.--The term `small 
        nonprofit organization' means any organization that does not 
        distribute any part of its income or profit to its members, 
        directors, or officers, employs no more than 100 paid 
        individuals at the involved chapter, office, or department, and 
        was recognized as a non-profit organization under section 
        501(c)(3) of the Internal Revenue Code of 1986.
            ``(45) Construction contractor.--The term `construction 
        contractor' means a person who--
                    ``(A) is not--
                            ``(i) taking or required to take any 
                        response action under this Act or any other 
                        Federal or State law at the facility concerned,
                            ``(ii) taking or required to take any 
                        corrective action under the Solid Waste 
                        Disposal Act (42 U.S.C. 6901 et seq.) at the 
                        facility concerned, or
                            ``(iii) otherwise responding to a release 
                        or threatened release of a hazardous substance, 
                        pollutant, or contaminant at the facility 
                        concerned;
                    ``(B) did not know or have reason to know of the 
                presence of hazardous substances at the facility 
                concerned before beginning construction activities;
                    ``(C) provided all legally required notices with 
                respect to the discovery or release of any hazardous 
                substances at the facility; and
                    ``(D) exercised due care with respect to the 
                hazardous substances discovered in the course of 
                performing the construction activity, including 
                precautions against foreseeable acts of third parties, 
                taking into consideration the characteristics of such 
                hazardous substance, in light of all relevant facts and 
                circumstances.
            ``(46) Naturally occurring radioactive materials.--The term 
        `naturally occurring radioactive materials' means materials 
        which are or contain naturally occurring radionuclides and 
        their respective decay products unless such materials are 
        derived from substances processed exclusively for their 
        radionuclide content. Such term does not include source, 
        special nuclear, or by-product material regulated under the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 and following).''.

SEC. 702. RESPONSE CLAIMS PROCEDURES.

    Section 112(a) (42 U.S.C. 9612(a)(2)) is amended--
            (1) in the first sentence, by adding after ``unless such 
        claim is'' the following: ``(1) accompanied by an audit 
        prepared by an independent, certified public accountant, and 
        (2)''; and
            (2) by inserting after the first sentence the following: 
        ``The Administrator reserves the right to review such audits to 
        determine that the costs for which the claimant is seeking 
        reimbursement are consistent with section 111 and, where 
        necessary, withhold claims or a portion thereof which are 
        inconsistent with section 111(a).''.

SEC. 703. SMALL BUSINESS OMBUDSMAN.

    The Administrator of the Environmental Protection Agency shall 
establish a small business Superfund assistance section within the 
small business ombudsman office at the Environmental Protection Agency. 
Such section shall carry out the following functions:
            (1) Act as a clearinghouse of information for small 
        businesses regarding the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980. Such information shall 
        be comprehensible to a lay person and shall include information 
        regarding the allocation process under section 130 of such Act, 
        requirements and procedures for expedited settlements pursuant 
        to section 122(g) of such Act, de minimis and de micromis 
        status, and ability-to-pay procedures.
            (2) Provide general advice and assistance to small 
        businesses as to their questions and problems concerning the 
        allocation and settlement processes, except that such advice 
        and assistance shall not include any legal advice as to 
        liability or any other legal representation. The ombudsman 
        shall not participate in the allocation process.
            (3) Develop proposals and make recommendations for changes 
        in policies and activities of the Environmental Protection 
        Agency which would better fulfill the goals of title II of the 
        Reform of Superfund Act of 1995 in ensuring equitable, 
        simplified, and expedited allocations and settlements for small 
        businesses.

SEC. 704. CONSIDERATION OF LOCAL GOVERNMENT CLEANUP PRIORITIES.

    Section 104(c)(2) is amended--
            (1) by inserting ``(A)'' after ``(2)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) In setting priorities for scheduling work and allocating 
oversight resources for a remedial action at a facility at which a 
potentially responsible party that is a State or local government 
proposes to carry out the remedial action (or a portion thereof), the 
Administrator should give higher priority to such remedial action (or 
portion thereof) if the State or local government demonstrates that the 
remedial action (i) will have a public benefit; and (ii) will result in 
the property on or adjacent to the facility being returned to 
productive use. A private potentially responsible party may request 
similar consideration, in the Administrator's discretion.''.

SEC. 705. SAVINGS CLAUSE.

    Nothing in this Act or any amendment made by this Act shall affect 
the application of the Atomic Energy Act of 1954 to any facility 
licensed by the Nuclear Regulatory Commission.

SEC. 706. REPORT AND OVERSIGHT REQUIREMENTS.

    (a) Submission to State Governors.--Section 301(h)(1) (42 U.S.C. 
9651(h)(1)) is amended in the matter preceding subparagraph (A) by 
striking ``to Congress of such Agency'' and inserting ``of such Agency 
to Congress and the Governor of each State''.
    (b) Progress Report.--Section 301(h)(1)(A) is amended to read as 
follows:
                    ``(A) A progress report of accomplishments and 
                expenditures on a State-by-State basis, including--
                            ``(i) a statement of the number of 
                        completed record of decisions, removal actions, 
                        remedial actions, and enforcement actions; and
                            ``(ii) a statement of--
                                    ``(I) the aggregate amount expended 
                                in each State;
                                    ``(II) the amount expended in each 
                                State for site investigation and 
                                cleanup activities;
                                    ``(III) the amount expended in each 
                                State for non site-specific costs; and
                                    ``(IV) the amount expended for 
                                enforcement actions and cost recovery 
                                activities.''.
    (c) Other Report Contents.--Section 301(h)(1) is amended--
            (1) in subparagraph (B) by striking the period at the end 
        and inserting ``and removal or remedial action.''; and
            (2) in subparagraph (C) by inserting ``, removal action, 
        and remedial action'' after ``study''.
    (d) Response to State Comments by EPA.--Section 301(h) is amended 
by adding at the end the following:
            ``(4) Response to state comments by epa.--The Administrator 
        of the Environmental Protection Agency shall respond in writing 
        to any comments submitted to the Administrator by a State 
        regarding reports developed under this subsection.''.

SEC. 707. RESPONSE AUTHORITIES.

    (a) Disposal Authority.--Section 104(j) (42 U.S.C. 9604(j)) is 
amended as follows:
            (1) In paragraph (1), by striking ``remedial'' in the first 
        sentence and inserting ``response''.
            (2) By amending paragraph (2) to read as follows:
            ``(2) Disposal authority.--The President is authorized to 
        dispose of any interest in real property acquired for use by 
        the President under this subsection by sale, exchange, 
        donation, or otherwise and any such interest in real property 
        shall not be subject to any of the provisions of section 120 
        except the notice provisions of section 120(h)(1). Any moneys 
        received by the President pursuant to this paragraph shall be 
        deposited in the Fund.''.
            (3) In paragraph (3) by striking ``estate'' and inserting 
        ``property''.

          TITLE VIII--AMENDMENTS TO OIL POLLUTION ACT OF 1990

          TITLE VIII--AMENDMENTS TO OIL POLLUTION ACT OF 1990

Sec. 801. Ensuring cost-effective restoration, rehabilitation, 
                            replacement, or acquisition of natural 
                            resources.
Sec. 802. Measure of natural resource damages.
Sec. 803. Damage assessment regulations.
Sec. 804. Definitions.

SEC. 801. ENSURING COST-EFFECTIVE RESTORATION, REHABILITATION, 
              REPLACEMENT, OR ACQUISITION OF NATURAL RESOURCES.

    Section 1006(c) of the Oil Pollution Act of 1990 (33 U.S.C. 
2706(c)) is amended--
            (1) by striking ``a plan for the restoration,'' each place 
        it appears and inserting ``the most cost-effective, cost-
        reasonable, and timely plan for the restoration,''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Natural recovery.--In developing plans under this 
        subsection, Federal, State, local, tribal, and foreign trustees 
        designated under subsection (b) shall consider natural recovery 
        to be a means of natural resource restoration.''.

SEC. 802. MEASURE OF NATURAL RESOURCE DAMAGES.

    Section 1006(d) of the Oil Pollution Act of 1990 (33 U.S.C. 
2706(d)) is amended--
            (1) by amending paragraph (1)(A) to read as follows:
                    ``(A) the cost of measures to restore, 
                rehabilitate, replace, or acquire the equivalent of, 
                natural resources that are damaged as a direct result 
                of a discharge of oil, that are reasonable and 
                necessary to re-establish--
                            ``(i) the measurable and ecologically 
                        significant functions that such natural 
                        resources would have performed in the absence 
                        of the discharge; and
                            ``(ii) the uses of the natural resources by 
                        the public that would have occurred in the 
                        absence of the discharge;'';
            (2) in paragraph (1)(B) by inserting before the semicolon 
        the following: ``, other than any dimunition in nonuse value'';
            (3) in paragraph (3) by inserting ``or any other law'' 
        after ``under this Act''.

SEC. 803. DAMAGE ASSESSMENT REGULATIONS.

    Section 1006(e) of the Oil Pollution Act of 1990 (33 U.S.C. 
2706(e)) is amended to read as follows:
    ``(e) Damage Assessment Regulations.--
            ``(1) In general.--Not later than August 18, 1998, the 
        President shall issue regulations implementing solely this 
        section and section 1002(b)(2)(A), that require that any 
        assessments of natural resource damages for purposes of section 
        1002(b)(2)(A) shall be performed--
                    ``(A) at the location of the natural resources 
                concerned; and
                    ``(B) with respect to the specific discharge of oil 
                giving rise to the damages.
            ``(2) Content, generally.--(A) The regulations under this 
        subsection shall--
                    ``(i) enumerate cost-effective and generally 
                accepted scientific and technical methods and protocols 
                to ensure the validity and reliability of natural 
                resource damage assessments; and
                    ``(ii) require that natural resource damage 
                assessments conducted for purposes of this Act shall be 
                performed in accordance with the regulations.
            ``(B) Notwithstanding subparagraph (A)(ii), other methods 
        for assessing natural resource damages may be used if such 
        methods will yield a more cost-effective and cost-reasonable 
        plan for the restoration of natural resources damaged by a 
        particular discharge of oil. The party proposing use of such 
        other methods shall in all instances have the burden of 
        establishing that such methods will yield a more cost-effective 
        and cost-reasonable plan for restoration than assessments 
        performed in accordance with the regulations.
            ``(3) Designation of lead trustee.--The regulations under 
        this subsection shall require that, in the case of a site where 
        more than 1 Federal or State trustee intends to conduct an 
        assessment, the trustees shall designate a lead decisionmaking 
        trustee at the site. Such designation shall be done not later 
        than 180 days after first notice to the responsible parties 
        that a natural resource damage assessment will be made. Failure 
        by a trustee to participate in the designation of a lead 
        trustee shall preclude the trustee from seeking costs from a 
        responsible party.''.

SEC. 804. DEFINITIONS.

    Section 1006 of the Oil Pollution Act of 1990 (33 U.S.C. 2706) is 
amended by adding at the end the following new subsection:
    ``(h) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) Cost-effective.--The term `cost-effective' means the 
        least costly of two or more restoration alternatives or lost 
        use replacement or acquisition alternatives which provide the 
        same or a similar level of services to the public.
            ``(2) Cost-reasonable.--The term `cost-reasonable' means 
        that the costs of a restoration alternative or the costs of a 
        lost use replacement or acquisition alternative do not exceed 
        the value of the services that will be provided to the public 
        by the selected alternative. Cost-reasonableness shall be based 
        upon a determination of the incremental costs and the 
        incremental benefits of alternatives for reestablishing various 
        degrees of services up to baseline.
            ``(3) Timely.--The term `timely' means the shortest period 
        of time necessary to meet restoration requirements that takes 
        into account both cost-effective and cost-reasonable 
        criteria.''.

                 TITLE IX--REMEDIATION WASTE MANAGEMENT

Sec. 901. Remediation waste.
Sec. 902. Underground storage tank remediation.
Sec. 903. Limitation of liability.

SEC. 901. REMEDIATION WASTE.

    The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by 
adding at the end the following new subtitle:

               ``Subtitle K--Remediation waste management

                      ``PART 1--GENERAL PROVISIONS

``SEC. 12001. PURPOSES AND OBJECTIVES.

    ``The purposes and objectives of this subtitle are to--
            ``(1) significantly increase the environmental 
        protectiveness, cost effectiveness, and pace of response 
        activities at contaminated sites by promoting and encouraging 
        the development and expansion of State-lead remediation 
        programs; and
            ``(2) benefit the public health, welfare, and the 
        environment by expediting cleanup of active industrial 
        facilities and returning contaminated sites to economically 
        productive or other beneficial uses.

``SEC. 12002. DEFINITIONS.

    ``(a) In General.--For the purposes of this subtitle:
            ``(1) The term `remediation wastes' means any solid waste 
        or any media (including ground water, surface water, soils and 
        sediments) that is actively managed during implementation of a 
        remedial action plan which--
                    ``(A) is a waste listed under section 3001(b) of 
                this Act or is derived from a waste listed under such 
                section 3001(b);
                    ``(B) exhibits a characteristic of hazardous waste 
                as defined by the Administrator under section 3001(b) 
                of this Act; or
                    ``(C) contains or is mixed with waste listed under 
                section 3001(b) of this Act.
            ``(2) The term `remedial action plan' means a document, or 
        portion of a document, including any order, permit, or 
        agreement, that is entered into with, or subject to the 
        approval and oversight of, the Administrator or a State with 
        remediation waste management programs authorized under this 
        subtitle which describes--
                    ``(A) the remediation wastes being managed;
                    ``(B) the manner in which the remediation wastes 
                will be managed; and
                    ``(C) the schedule for implementation.
    ``(b) Savings Provision.--Nothing in this title shall preclude a 
State or the Administrator from including or addressing wastes or 
constituents.

``SEC. 12003. REQUIREMENTS NOT APPLICABLE TO REMEDIATION WASTE.

    ``Upon enactment of this subtitle, remediation wastes managed 
pursuant to an order, permit, or enforceable agreement, or other 
remedial action plan issued by, entered into with, or approved by, the 
Administrator or a State shall not be subject to any of the following 
provisions of subtitle C of this Act:
            ``(A) Any prohibitions under subsections (d), (e), (f) or 
        (g) of section 3004.
            ``(B) Any treatment standard promulgated under subsection 
        (m) of section 3004.
            ``(C) Any minimum technological requirements regarding 
        land-based solid waste management units promulgated under 
        section 3004(o).
            ``(D) Any permit requirement for the treatment, storage, or 
        disposal of remediation wastes where such activity is conducted 
        entirely onsite.
            ``(E) Any requirement imposed pursuant to section 3020.
The provisions of this section shall not be construed to preclude the 
Administrator or a State from imposing any treatment, design, or other 
requirements for remediation wastes pursuant to other provisions of 
law.

``SEC. 12004. REMEDY SELECTION CRITERIA FOR CERTAIN WASTE UNDER 
              SUBTITLE C.

    ``All remedies required by this Act under sections 3004(u), 
3004(v), or 3008(h) shall be as necessary to protect human health and 
the environment from realistic risks in a cost-effective and cost-
reasonable manner. No preference or bias shall apply to any specific 
method of remediation. In selecting such final remedies, the following 
factors shall be balanced and the final remedy shall be based upon the 
current use and reasonably anticipated future uses of land, water and 
other resources at the remedial action site:
            ``(1) The effectiveness of the remedy, including its 
        implementability and technical practicability, ability to 
        reduce risk, and ability to prevent long-term cost escalation.
            ``(2) The reliability of the remedy over the short and long 
        term.
            ``(3) Risks to the affected community, to those engaged in 
        the cleanup effort, and to the environment arising from offsite 
        transportation and subsequent management of the hazardous 
        wastes involved and short-term risks posed by the 
implementation of the remedy.
            ``(4) Where relevant, the acceptability of the remedy to 
        the affected community, as represented by the elected officials 
        of the affected local government.
            ``(5) The reasonableness of the costs of the remedy in 
        relation to other significant remedial options.
In determining reasonably anticipated future uses of resources, the 
current uses of such resources shall be considered to be the reasonably 
anticipated future uses unless the Administrator or State, as the case 
may be, determines, based upon the administrative record, that there is 
a substantial probability of different future uses.

                        ``PART 2--STATE PROGRAMS

``SEC. 12011. CERTIFICATION OF STATE PROGRAMS FOR STATES WITH 
              AUTHORIZED HAZARDOUS WASTE PROGRAMS.

    ``(a) Certification.--At any time after the enactment of this 
subtitle, a State that has a hazardous waste program authorized under 
section 3006(b) of this Act may submit to the Administrator a 
certification, supported by such documentation as the State considers 
to be appropriate, demonstrating that the State has a State program for 
the management of remediation wastes under this part which includes 
each of the following:
            ``(1) Statutory and regulatory authority to control the 
        management of remediation wastes from generation to disposal in 
        a manner that protects human health and the environment from 
        realistic and significant risks.
            ``(2) Resources in place to administer and enforce those 
        authorities.
            ``(3) Procedures to ensure public notice and opportunity 
        for comment on remedial action plans submitted to the State.
            ``(4) Procedures to ensure that where remediation wastes 
        are moved to a State (`importing State') other than the State 
        in which the remediation wastes are generated (`exporting 
        State'), the exporting State will notify the importing State.
    ``(b) Interim Authorization.--Beginning 60 days after submission of 
a certification under subsection (a), the State program that is the 
subject of such certification shall be treated as a certified State 
program under this subtitle until the Administrator issues a 
determination under subsection (c).
    ``(c) Determination.--
            ``(1) In general.--Not later than 18 months after the date 
        on which a State submits to the Administrator a certification 
        under subsection (a), after public notice and opportunity for 
        comment, the Administrator shall issue to the State and publish 
        in the Federal Register a determination that--
                    ``(A) the certification meets all of the criteria 
                in subsection (a), and the State program is finally 
                certified under this subtitle; or
                    ``(B) the certification fails to meet one or more 
                of the criteria stated in subsection (a), stating with 
                particularity the elements of the State program that 
                are considered to be deficient, and that the deficiency 
                would likely result in a State remediation waste 
                management program that does not protect human health 
                and the environment from realistic and significant 
                risks.
            ``(2) Default.--Except as provided in section 12013, if the 
        Administrator does not issue a determination under paragraph 
        (1) within 18 months after the date on which a State submits to 
        the Administrator a certification under subsection (a), the 
        certification shall be considered to meet all of the criteria 
        stated in subsection (a), and the State program shall be 
        treated as finally certified under this subtitle.
    ``(d) Effect of Certification.--Upon the certification of a State 
program for the management of remediation waste, the provisions of 
subtitle C of this Act and section 6(e) of the Toxic Substances Control 
Act shall not apply to the generation, transportation, treatment, 
storage or disposal or other management of such waste and such waste 
shall not be considered hazardous waste for purposes of this Act or 
toxic waste for the purposes of section 6(e) of the Toxic Substances 
Control Act within the State with the certification.

``SEC. 12012. STATES WITHOUT AUTHORIZED HAZARDOUS WASTE PROGRAMS.

    ``(a) Certification.--At any time after the enactment of this part, 
a State that does not have a hazardous waste program authorized under 
section 3006(b) of this Act may submit to the Administrator a 
certification, supported by such documentation that the State considers 
to be appropriate, demonstrating that the State has a State program for 
the management of remediation wastes which includes each of the 
following:
            ``(1) Statutory and regulatory authority to control the 
        management of remediation wastes from generation to disposal in 
        a manner that protects human health and the environment from 
realistic and significant risks.
            ``(2) Resources in place to administer and enforce those 
        authorities.
            ``(3) Procedures to ensure public notice and opportunity 
        for comment on remedial action plans submitted to the State.
    ``(b) Interim Authorization.--Beginning one year after submission 
of a certification under subparagraph (A), the State program that is 
the subject of such certification shall be treated as a certified State 
program under this subtitle until the Administrator issues a 
determination under subsection (c).
    ``(c) Determination.--
            ``(1) In general.--Not later than 2 years after the date on 
        which a State submits to the Administrator a certification 
        under subsection (a), after public notice and opportunity for 
        comment, the Administrator shall issue to the State and publish 
        in the Federal Register a determination that--
                    ``(A) the certification meets all of the criteria 
                in subsection (a), and the State program is finally 
                certified under this subtitle;
                    ``(B) the certification fails to meet one or more 
                of the criteria stated in subsection (a), stating with 
                particularity the elements of the State program that 
                are considered to be deficient.
            ``(2) Default.--Except as provided in section 12013, if the 
        Administrator does not issue a determination under paragraph 
        (1) within 2 years after the date on which a State submits to 
        the Administrator a certification under subsection (a), the 
        certification shall be considered to meet all of the criteria 
        stated in subsection (a), and the State program that is the 
        subject of such certification shall be treated as a certified 
        State program under this subtitle.

``SEC. 12013. WITHDRAWAL OR DENIAL OF AUTHORIZATION.

    ``(a) EPA Determination.--Whenever the Administrator determines 
after public hearing and opportunity for public notice and comment 
that--
            ``(1) a State is not administering and enforcing a 
        certified program in accordance with this part;
            ``(2) a State is not administering a certified State 
        program in a manner that protects human health and the 
        environment from realistic and significant risks in a manner 
        substantially equivalent to the guidelines under section 12011; 
        or
            ``(3) a State is not, where appropriate, administering a 
        certified State program in a manner that is substantially 
        equivalent to the remedy selection criteria set forth in 
        section 12004,
the Administrator shall so notify the State, and if appropriate 
corrective action is not taken within a reasonable time, not to exceed 
90 days, the Administrator shall withdraw certification of such program 
and establish a Federal program pursuant to part 3 of this subtitle. 
The Administrator shall not withdraw certification of any such program 
unless the Administrator shall first have notified the State, and made 
public, in writing, the reasons for such withdrawal.
    ``(b) Duties of Administrator After Denial or Withdrawal of 
Certification.--If the Administrator denies final authorization of a 
State program or subsequently withdraws final authorization for a State 
remediation waste management program under this part, the Administrator 
shall ensure completion of any ongoing remedial action plan and 
establish a Federal remediation waste management program in such State 
pursuant to part 3.

``SEC. 12014. ENFORCEMENT.

    ``Remedial actions plans that are adopted by a State for 
remediation waste, other than remedial action plans implementing 
section 3008(h), 3004(v) or 3004(u), shall not be enforceable under 
section 3008 or 7002 of this Act or section 6(e) or 7 of the Toxic 
Substances Control Act.

                ``PART 3--EPA REMEDIATION WASTE PROGRAMS

``SEC. 12021. ESTABLISHMENT OF EPA PROGRAM IN STATES WITHOUT CERTIFIED 
              PROGRAMS.

    ``(a) EPA Rules.--Not later than 24 months after enactment of this 
subtitle, the Administrator shall, in consultation with Federal and 
State authorities and after notice and opportunity for comment, 
promulgate regulations for management by the Administrator under this 
part of remediation wastes in any State which does not have a program 
certified under part 2 of this title. Such regulations shall protect 
human health and the environment from realistic risks in a cost-
effective and cost-reasonable manner and shall--
            ``(1) maintain flexibility in decisionmaking regarding 
        cost-effective remedial strategies; and
            ``(2) minimize disruption of existing, effective State 
        programs.
    ``(b) EPA Programs.--After the effective date of the regulations 
under subsection (a), and after notice and opportunity for public 
comment, including not less than 60 days notice to the State,the 
Administrator shall commence implementing such regulations in any State 
without a remediation waste management program certified under part 2 
of this subtitle. Upon the commencement of such implementation in any 
State, the provisions of subtitle C of this Act shall not apply to the 
generation, transportation, treatment, storage or disposal or other 
management of remediation wastes in such State and such waste shall not 
be considered hazardous waste for purposes of this Act.

``SEC. 12022. INSPECTIONS.

    ``(a) Access Entry.--For purposes of developing or assisting in the 
development of any regulation or enforcing the provisions of this part, 
any person who generates, stores, treats, transports, disposes of, or 
otherwise handles or has handled remediation wastes shall, upon request 
of any officer, employee or representative of the Environmental 
Protection Agency, duly designated by the Administrator, furnish 
information relating to remediation wastes and permit such person at 
all reasonable times to have access to, and to copy all records 
relating to such remediation waste. For the purposes of developing or 
assisting in the development of any regulation or enforcing the 
provisions of this part, such officers, employees or representatives 
are authorized--
            ``(1) to enter at reasonable times any establishment or 
        other place where remediation wastes are or have been 
generated, stored, treated, disposed of, or transported from; and
            ``(2) to inspect and obtain samples from any person of any 
        such remediation wastes and samples of any containers or 
        labelling for such wastes.
Each such inspection shall be commenced and completed with reasonable 
promptness. If the officer, employee or representative obtains any 
samples, prior to leaving the premises, he shall give to the owner, 
operator, or agent in charge a receipt describing the sample obtained 
and if requested a portion of each such sample equal in volume or 
weight to the portion retained. If any analysis is made of such 
samples, a copy of the results of such analysis shall be furnished 
promptly to the owner, operator, or agent in charge.
    ``(b) Availability to the Public.--(1) Any records, reports, or 
information (including records, reports, or information obtained by 
representatives of the Environmental Protection Agency) obtained from 
any person under this subtitle shall be available to the public, except 
that upon a showing satisfactory to the Administrator by any person 
that records, reports, or information (including records, reports, or 
information obtained by representatives of the Environmental Protection 
Agency), or particular part thereof, to which the Administrator or any 
officer, employee or representative thereof has access under this 
section if made public, would divulge information (including records, 
reports, or information obtained by representatives of the 
Environmental Protection Agency) 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 and not available to the 
public, 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.
    ``(2) 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 (including records, reports, or 
information obtained by representatives of the Environmental Protection 
Agency) 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.
    ``(3) In submitting data under this part, a person required to 
provide such data may--
            ``(A) designate the data which such person believes is 
        entitled to protection under this paragraph, and
            ``(B) submit such designated data separately from other 
        data submitted under this part.
A designation under this paragraph shall be made in writing and in such 
manner as the Administrator may prescribe.
    ``(4) Notwithstanding any limitation contained in this section or 
any other provision of law, all information (including records, 
reports, or information obtained by representatives of the 
Environmental Protection Agency) reported to, or otherwise obtained by, 
the Administrator (or any representative of the Administrator) under 
this Act shall be made available, upon written request of any duly 
authorized committee of the Congress, to such committee (including 
records, reports, or information obtained by representatives of the 
Environmental Protection Agency.

``SEC. 12023. ENFORCEMENT.

    ``(a) Compliance Orders.--(1) Except as provided in paragraph (2), 
whenever on the basis of any information the Administrator determines 
that any person has violated or is in violation of any requirement of 
this part, the Administrator may issue an order assessing a civil 
penalty for any past or current violation, requiring compliance 
immediately or within a specified time period, or both, or the 
Administrator may commence a civil action in the United States district 
court in the district in which the violation occurred for appropriate 
relief, including a temporary or permanent injunction.
    ``(2) Any order issued pursuant to this subsection may include a 
suspension or revocation of any permit issued by the Administrator or a 
State under this part and shall state with reasonable specificity the 
nature of the violation. Any penalty assessed in the order shall not 
exceed $25,000 per day of noncompliance for each violation of a 
requirement of this part. In assessing such a penalty, the 
Administrator shall take into account the seriousness of the violation 
and any good faith efforts to comply with applicable requirements.
    ``(b) Public Hearing.--Any order issued under this section shall 
become final unless, no later than thirty days after the order is 
served, the person or persons named therein request a public hearing. 
Upon such request the Administrator shall promptly conduct a public 
hearing. In connection with any proceeding under this section the 
Administrator may issue subpoenas for the attendance and testimony of 
witnesses and the production of relevant papers, books, and documents, 
and may promulgate rules for discovery procedures.
    ``(c) Violation of Compliance Orders.--If a violator fails to take 
corrective action within the time specified in a compliance order, the 
Administrator may assess a civil penalty of not more than $25,000 for 
each day of continued noncompliance with the order and the 
Administrator may suspend or revoke any remedial action plan issued to 
the violator.
    ``(d) Criminal Penalties.--Any person who--
            ``(1) knowingly transports or causes to be transported or 
        knowingly treats, stores, or disposes of any remediation waste 
        in knowing violation of any material condition or requirement 
        of any applicable regulation under this part;
            ``(2) knowingly omits material information or makes any 
        false statement or representation in any document filed, 
        maintained, or used for purposes of compliance with regulations 
        promulgated by the Administrator under this part; or
            ``(3) knowingly handles any remediation waste under this 
        part (whether such activity took place before or takes place 
        after the date of the enactment of this paragraph) and who 
        knowingly destroys, alters, conceals, or fails to file any 
        record, application, manifest, report, or other document 
        required to be maintained or filed for purposes of compliance 
        with regulations promulgated by the Administrator under this 
        part;
shall, upon conviction, be subject to a fine of not more than $50,000 
for each day of violation, or imprisonment not to exceed two years 
(five years in the case of a violation of paragraph (1) or (2)), or 
both. If the conviction is for a violation committed after a first 
conviction of such person under this paragraph, the maximum punishment 
under the respective paragraph shall be doubled with respect to both 
fine and imprisonment.
    ``(e) Knowing Endangerment.--Any person who knowingly handles and 
remediation wastes in violation of paragraph (1), (2), or (3) of 
subsection (d) of this section who knows at that time that he thereby 
places another person in imminent danger of death or serious bodily 
injury, shall, upon conviction, be subject to a fine of not more than 
$250,000 or imprisonment for not more than fifteen years, or both. A 
defendant that is an organization shall, upon conviction of violating 
this subsection, be subject to a fine of not more than $1,000,000.
    ``(f) Special Rules.--For the purposes of subsection (e)--
            ``(1) A person's state of mind is knowing with respect to--
                    ``(A) his conduct, if he is aware of the nature of 
                his conduct;
                    ``(B) an existing circumstance, if he is aware or 
                believes that the circumstance exists; or
                    ``(C) a result of his conduct, if he is aware or 
                believes that his conduct is substantially certain to 
                cause danger of death or serious bodily injury.
            ``(2) In determining whether a defendant who is a natural 
        person knew that his conduct placed another person in imminent 
        danger of death or serious bodily injury--
                    ``(A) the person is responsible only for actual 
                awareness or actual belief that he possessed; and
                    ``(B) knowledge possessed by a person other than 
                the defendant but not by the defendant himself may not 
                be attributed to the defendant:
        Provided, That in proving the defendant's possession of actual 
        knowledge, circumstantial evidence may be used, including 
        evidence that the defendant took affirmative steps to shield 
        himself from relevant information.
            ``(3) It is an affirmative defense to a prosecution that 
        the conduct charged was consented to by the person endangered 
        and that the danger and conduct charged were reasonably 
        foreseeable hazards of--
                    ``(A) an occupation, a business, or a profession; 
                or
                    ``(B) medical treatment or medical or scientific 
                experimentation conducted by professionally approved 
                methods and such other person had been made aware of 
                the risks involved prior to giving consent.
        The defendant may establish an affirmative defense under this 
        subsection by a preponderance of the evidence.
            ``(4) All general defenses, affirmative defenses, and bars 
        to prosecution that may apply with respect to other Federal 
        criminal offenses may apply under subsection (e) and shall be 
        determined by the courts of the United States according to the 
        principles of common law as they may be interpreted in the 
        light of reason and experience. Concepts of justification and 
        excuse applicable under this section may be developed in the 
        light of reason and experience.
            ``(5) The term `organization' means a legal entity, other 
        than a government, established or organized for any purpose, 
        and such term includes a corporation, company, association, 
        firm, partnership, joint stock company, foundation, 
        institution, trust, society, union, or any other association of 
        persons.
            ``(6) The term `serious bodily injury' means--
                    ``(A) bodily injury which involves a substantial 
                risk of death;
                    ``(B) unconsciousness;
                    ``(C) extreme physical pain;
                    ``(D) protracted and obvious disfigurement; or
                    ``(E) protracted loss or impairment of the function 
                of a bodily member, organ, or mental faculty.
    ``(g) Civil Penalty.--Any person who violates any requirement of 
this part shall be liable to the United States for a civil penalty in 
an amount not to exceed $25,000 for each such violation. Each day of 
such violation shall, for purposes of this subsection, constitute a 
separate violation.

``SEC. 12024. RETENTION OF STATE AUTHORITY.

    ``Upon the effective date of regulations under this part, no State 
or political subdivision may impose any requirements less stringent 
than those authorized under this part respecting the same matter as 
governed by such requirements or regulations, except that if 
application of a requirement or regulation with respect to any matter 
under this part is postponed or enjoined by the action of any court, no 
State or political subdivision shall be prohibited from acting with 
respect to the same aspect of such matter until such time as such 
requirement or regulation takes effect. Nothing in this part shall be 
construed to prohibit any State or political subdivision thereof from 
imposing any requirements which are more stringent than those imposed 
by such regulations. This section shall not apply in any State upon the 
certification of a State program for that State under part 2. Nothing 
in this part shall prevent a State from specifying or incorporating by 
reference regulations promulgated under subtitle C of this Act as part 
of its State law.''.

SEC. 902. UNDERGROUND STORAGE TANK REMEDIATION.

    Section 9003 of the Solid Waste Disposal Act (42 U.S.C. 6991b) is 
amended by adding at the end the following:
    ``(i) Remediation Wastes.--Notwithstanding any other provision of 
this Act, petroleum-contaminated media and debris that fail the 
toxicity characteristic, issued by the Administrator under section 3001 
of this Act (42 U.S.C. 6921), due to organic constituents shall not be 
hazardous wastes for the purposes of subtitle C of this Act when 
managed pursuant to this section.''.

SEC. 903. LIMITATION OF LIABILITY UNDER SOLID WASTE DISPOSAL ACT.

    The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by 
adding at the end of section 9003(h)(9) the following sentence: ``This 
definition shall be construed to be parallel and comparable to that 
specified in section 107(o) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (relating to lender 
liability).''.

                            TITLE X--FUNDING

    Subtitle A--Expenditures from the Hazardous Substance Superfund

Sec. 1001. Expenditures from the hazardous substance superfund.
Sec. 1002. Authorization of appropriations from general revenues.
     Subtitle B--5-Year Extension of Hazardous Substance Superfund

Sec. 1011. 5-year extension of hazardous substance superfund.

    Subtitle A--Expenditures from the Hazardous Substance Superfund

SEC. 1001. EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Expenditures.--Section 111 (42 U.S.C. 9611) is amended by 
striking out subsections (a), (b), (c), (d), and (e) and inserting in 
lieu thereof the following:
    ``(a) Expenditures from Hazardous Substance Superfund.--
            ``(1) Subsection (b) expenditures.--Amounts appropriated to 
        the Hazardous Substance Superfund after January 1, 1996, 
        pursuant to section 9507(b)(1) of the Internal Revenue Code of 
        1986 and amounts credited under section 9602(b) of such Code 
        with respect to those appropriated amounts are available, may 
        be used only for the purposes specified in subsection (b) of 
        this section, and shall remain available until expended.
            ``(2) Subsection (c) expenditures.--Amounts appropriated to 
        the Hazardous Substance Superfund pursuant to paragraphs (2), 
        (3), (4), (5), or (6) of section 9507(b) of the Internal 
        Revenue Code of 1986 and amounts credited under section 9602(b) 
        of such Code with respect to those appropriated amounts shall 
        be available as provided in appropriations Acts and may be used 
        for the purposes specified in subsection (c) of this section.
    ``(b) Response, Removal, and Remediation.--The President shall use 
amounts in the Fund as made available by subsection (a)(1) for costs of 
response, removal, and remediation (and administrative costs directly 
related to such costs), including the following:
            ``(1) Government response costs.--Payment of governmental 
        response costs incurred pursuant to section 104 of this title, 
        including costs incurred pursuant to the Intervention on the 
        High Seas Act.
            ``(2) Private response cost claims.--Payment of any claim 
        for necessary response costs incurred by any other person as a 
        result of carrying out the national contingency plan 
        established under section 105 of this title, if such costs are 
        approved under such plan, are reasonable in amount based on 
        open and free competition or fair market value for similar 
available goods and services, and are certified by the responsible 
Federal official.
            ``(3) Acquisition costs under section 104(j).--The costs 
        incurred by the President in acquiring real estate or interests 
        in real estate under section 104(j) (relating to acquisition of 
        property).
            ``(4) State and local government reimbursement.--
        Reimbursement to State and local governments under section 123, 
        except that during any fiscal year not more than 0.1 percent of 
        the total amount made available for purposes of this section 
        may be used for reimbursements to local governments and no 
        State may receive reimbursement of more than $2,000,000 in any 
        fiscal year.
            ``(5) Funds for states with delegated authority.--Payment 
        of any funds to a State pursuant to section 131 (relating to 
        State authorization).
            ``(6) Contracts and cooperative agreements.--Payment for 
        the implementation of any contract or cooperative agreement 
        under section 104(d).
            ``(7) Natural resource damage assessments.--Subject to the 
        limitation in paragraph (8), the costs of assessing both short-
        term and long-term injury to, destruction of, or loss of any 
        natural resources resulting from a release of a hazardous 
        substance.
            ``(8) Natural resource damages.--Any damages and assessment 
        costs in excess of amounts specified in section 107(c)(1)(D). 
        The aggregate of expenditures from the Fund under the preceding 
        sentence may not exceed $50,000,000 for each of fiscal years 
        1996, 1997, and 1998 and $100,000,000 for any fiscal year 
        thereafter.
            ``(9) Payments related to certain reductions, limitations, 
        and exemptions.--Payment of costs and reimbursement in 
        accordance with the following:
                    ``(A) Section 107(n)(1), relating to de minimis 
                contributor exemption from retroactive liability.
                    ``(B) Section 112(g), relating to reduction of 
                retroactive liability.
                    ``(C) Section 107(n), relating to other limitations 
                and exemptions from liability.
        No payment or reimbursement under this paragraph shall include 
        payment of, or reimbursement for, any portion of attorneys' 
        fees that do not constitute necessary costs of response within 
        the meaning of section 107(a)(4)(B).''.
            ``(10) Payment of any funds to a State pursuant to section 
        131 (relating to State delegation).
            ``(11) Payment for the implementation of any contract or 
        cooperative agreement under section 104(d).''.
    ``(c) Administration, Oversight, Research, and Other Costs.--The 
President shall use amounts in the Fund as made available pursuant to 
subsection (a)(2) for the following costs (and administrative costs 
directly related to such costs):
            ``(1) Investigation and enforcement.--The costs of 
        identifying, investigating, and taking enforcement action 
        against releases of hazardous substances.
            ``(2) Overhead.--(A) The costs of providing services, 
        equipment, and other overhead related to the purposes of this 
        Act and needed to supplement equipment and services available 
        through contractors and other non-Federal entities.
            ``(B) The costs of establishing and maintaining damage 
        assessment capability for any Federal agency involved in strike 
        forces, emergency task forces, or other response teams under 
        the National Contingency Plan.
            ``(3) Employee safety programs.--The cost of maintaining 
        programs otherwise authorized by this Act to protect the health 
        and safety of employees involved in response to hazardous 
        substance releases.
            ``(4) Grants for technical assistance.--The cost of grants 
        under section 117(e) (relating to public participation grants 
        for technical assistance).
            ``(5) Worker training and education grants.--The cost of 
        grants under section 126(g) of the Superfund Amendments and 
        Reauthorization Act of 1986 for training and education of 
        workers to the extent that such costs do not exceed $10,000,000 
        for each of the fiscal years 1987 through 2000.
            ``(6) ATSDR activities.-- Any costs incurred in accordance 
        with subsection (m) of this section (relating to ATSDR) and 
        section 104(i), including the costs of epidemiologic and 
        laboratory studies, health assessments and health services, and 
        other activities authorized by section 104(i).
            ``(7) Evaluation costs under petition provisions of section 
        105(d).--Costs incurred by the President in evaluation 
facilities pursuant to petitions under section 105(d) (relating to 
petitions for assessment of release).
            ``(8) Contract costs under section 104(a)(1).--The costs of 
        contracts or arrangements entered into under section 104(a)(1) 
        to oversee and review the conduct of remedial investigations 
        and feasibility studies undertaken by persons other than the 
        President and the costs of appropriate Federal and State 
        oversight of remedial activities at National Priorities List 
        sites resulting from consent orders or settlement agreements.
            ``(9) Research, development, and demonstration costs under 
        section 311.--The cost of carrying out section 311 (relating to 
        research, development, and demonstration).
            ``(10) Awards under section 109.--The costs of any awards 
        granted under section 109(d) (relating to providing information 
        concerning violations).
    ``(d) Limitations on Natural Resources Claims.--(1) No claim for 
natural resource damages as described in subsection (b)(8) may be paid 
from the Fund unless the President determines that the claimant has 
exhausted all administrative and judicial remedies to recover the 
amount of such claim from persons who may be liable under section 107.
    ``(2) No money in the Fund may be used for the payment of any claim 
under subsection (b)(7) or (b)(8) of this section where such expenses 
are associated with injury or loss resulting from long-term exposure to 
ambient concentrations of air pollutants from multiple or diffuse 
sources.
    ``(e) Other Limitations.--(1) Claims against or presented to the 
Fund shall not be valid or paid in excess of the total unobligated 
balance in the Fund at any one time. Such claims become valid and are 
payable only when additional money is collected, appropriated, or 
otherwise added to the Fund. Should the total claims outstanding at any 
time exceed the current balance of the Fund, the President shall pay 
such claims, to the extent authorized under this section, in full in 
the order in which they were finally determined.
    ``(2) No money in the Fund shall be available for remedial action, 
other than actions specified in subsection (c) of this section, with 
respect to federally owned facilities, except that money in the Fund 
shall be available for the provision of alternative water supplies 
(including the reimbursement of costs incurred by a municipality) in 
any case involving groundwater contamination outside the boundaries of 
a federally owned facility in which the federally owned facility is not 
the only potentially responsible party.''.
    (b) Additional Amendments.--(1) Section 111 (42 U.S.C. 9611) is 
further amended by striking out subsections (j) and (n).
    (2) Section 107 (42 U.S.C. 9607) is amended by striking out 
subsection (k).

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

    (a) Authorization.--Section 111(p)(1) is amended to read as 
follows:
            ``(1) In general.--The following sums are authorized to be 
        appropriated, out of any money in the Treasury not otherwise 
        appropriated, to the Hazardous Substance Superfund:
                    ``(A) For fiscal year 1996, $250,000,000.
                    ``(B) For fiscal year 1997, $250,000,000.
                    ``(C) For fiscal year 1998, $250,000,000.
                    ``(D) For fiscal year 1999, $250,000,000.
                    ``(E) For fiscal year 2000, $250,000,000.
        In addition, there is authorized to be appropriated to the 
        Hazardous Substance Superfund for each fiscal year an amount 
        equal to so much of the aggregate amount authorized to be 
        appropriated under this subsection (and paragraph (2) of 
        section 131(b) of this title) as has not been appropriated 
        before the beginning of the fiscal year involved.''.
    (b) Repeal of Duplicative Authorization.--(1) Subsection (b) of 
section 517 of the Superfund Amendments and Reauthorization Act (26 
U.S.C. 9507 note) is hereby repealed.
    (2) Section 9507(a)(2) of the Internal Revenue Code of 1986 is 
amended by striking out ``section 517(b) of the Superfund Revenue Act 
of 1986'' and inserting in lieu thereof ``section 111(p) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9611(p))''.

     Subtitle B--5-Year Extension of Hazardous Substance Superfund

SEC. 1011. 5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Extension of Taxes.--
            (1) The following provisions of the Internal Revenue Code 
        of 1986 are each amended by striking ``January 1, 1996'' each 
        place it appears and inserting ``January 1, 2001'':
                    (A) Section 59A(e)(1) (relating to application of 
                environmental tax).
                    (B) Paragraphs (1) and (3) of section 4611(e) 
                (relating to application of Hazardous Substance 
                Superfund financing rate).
            (2) Paragraph (2) of section 4611(e) of such Code is 
        amended--
                    (A) by striking ``1993'' and inserting ``1998'',
                    (B) by striking ``1994'' each place it appears and 
                inserting ``1999'', and
                    (C) by striking ``1995'' each place it appears and 
                inserting ``2000''.
    (b) Increase in Aggregate Tax Which May Be Collected.--Paragraph 
(3) of section 4611(e) of such Code is amended by striking 
``$11,970,000,000'' each place it appears and inserting 
``$22,000,000,000'' and by striking ``December 31, 1995'' and inserting 
``December 31, 2000''.
    (c) Extension of Repayment Deadline for Superfund Borrowing.--
Subparagraph (B) of section 9507(d)(3) of such Code is amended by 
striking ``December 31, 1995'' and inserting ``December 31, 2000''.
    (d) Additional Source of Funds for Superfund.--Section 9507(a) of 
such Code is amended--
            (1) by striking out ``or'' at the end of paragraph (2);
            (2) by striking out the period at the end of paragraph (3) 
        and inserting in lieu thereof ``, or''; and
            (3) by adding at the end the following new paragraph:
            ``(4) transferred to the Superfund pursuant to section 
        111(q) of CERCLA.''.
    (e) Other Authorized Transfers.--Section 9507(b) of such Code is 
amended--
            (1) by striking out ``and'' at the end of paragraph (4);
            (2) by striking out the period at the end of paragraph (5) 
        and inserting in lieu thereof ``, and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) all moneys transferred from any department, agency, 
        or instrumentality of the United States pursuant to section 
        111(q) of CERCLA.''.
    (f) Trust Fund Purposes.--Paragraph (1) of section 9507(c) of such 
Code is amended to read as follows:
            ``(1) In general.--(A) Amounts appropriated to the 
        Superfund after January 1, 1996, pursuant to subsection (b)(1) 
        shall be available only for the purposes specified in section 
        111(b) of CERCLA.
            ``(B) Amounts appropriated to the Superfund pursuant to 
        paragraphs (2), (3), (4), (5), or (6) of subsection (b) shall 
        be available, as provided in appropriations Acts, only for the 
        purposes specified in section 111.''.
    (g) Coordination With Other Provisions.--Paragraph (2) of section 
9507(e) of the Internal Revenue Code of 1986 is amended by striking 
``CERCLA'' and all that follows through ``Acts'' and inserting 
``CERCLA, the Superfund Amendments and Reauthorization Act of 1986, and 
the Reform of Superfund Act of 1995 (or in any amendment made by any of 
such Acts)''.
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