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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3800 Reported in House (RH)]

                                                 Union Calendar No. 392

103d CONGRESS

  2d Session

                               H. R. 3800

               [Report No. 103-582, Parts I, II, and III]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            August 26, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed

                                                 Union Calendar No. 392
103d CONGRESS
  2d Session
                                H. R. 3800

               [Report No. 103-582, Parts I, II, and III]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1994

   Mr. Swift, by request (for himself, Mr. Dingell, Mr. Mineta, Mr. 
 Rostenkowski, and Mr. Applegate) introduced the following bill; which 
 was divided and referred as follows: titles I through VIII jointly to 
      the Committees on Energy and Commerce and Public Works and 
    Transportation; and title IX to the Committee on Ways and Means

                             June 30, 1994

  Reported from the Committee on Energy and Commerce with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             August 8, 1994

Reported from the Committee on Public Works and Transportation with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                          in bold face roman]

                            August 26, 1994

   Reported from the Committee on Ways and Means with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed
[Strike out title IX of the introduced bill and insert the part printed 
                          in bold face italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 3, 1994]

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superfund Reform Act of 1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References to Comprehensive Environmental Response, 
                            Compensation, and Liability Act of 1980.

           TITLE I--COMMUNITY PARTICIPATION AND HUMAN HEALTH

Sec. 101. Public participation.
Sec. 102. Community working groups.
Sec. 103. Hazard ranking system.
Sec. 104. Disease registry and medical care providers.
Sec. 105. Substance profiles.
Sec. 106. Determining health effects.
Sec. 107. Public health at NPL facilities.
Sec. 108. Health studies.
Sec. 109. Distribution of materials to health professionals and medical 
                            centers.
Sec. 110. Grant awards, contracts, and community assistance activities.
Sec. 111. Public health recommendations in remedial actions.
Sec. 112. Transition.

                         TITLE II--STATE ROLES

Sec. 201. Contracts or cooperative agreements with States.
Sec. 202. State cost share.
Sec. 203. Siting.
Sec. 204. The National Priorities List.
Sec. 205. The State registry.
Sec. 206. Conforming and miscellaneous amendments.
Sec. 207. Study of authorization of States to carry out Superfund.
Sec. 208. State role at Federal facilities.

                     TITLE III--VOLUNTARY RESPONSE

Sec. 301. Voluntary response program.

                   TITLE IV--LIABILITY AND ALLOCATION

Sec. 401. Information gathering and access.
Sec. 402. Compliance with administrative orders.
Sec. 403. Limitations to liability for response costs.
Sec. 404. Liability.
Sec. 405. Civil proceedings.
Sec. 406. Limitations on contribution actions.
Sec. 407. Scope of rulemaking authority.
Sec. 408. Enhancement of settlement authorities.
Sec. 409. Professional services.
Sec. 410. Final covenants.
Sec. 411. Expedited final settlements.
Sec. 412. Allocation procedures.
Sec. 413. Recycling transactions.

            TITLE V--REMEDY SELECTION AND CLEANUP STANDARDS

Sec. 501. Cleanup standards.
Sec. 502. Remedy selection.
Sec. 503. Miscellaneous amendments to section 121.
Sec. 504. Response authorities.
Sec. 505. Removal actions. 
Sec. 506. Transition.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Interagency agreements at mixed ownership and mixed 
                            responsibility facilities.
Sec. 602. Transfers of uncontaminated property.
Sec. 603. Agreements to transfer by deed.
Sec. 604. Alternative or innovative treatment technologies.
Sec. 605. Definitions.
Sec. 606. Response claims procedures.
Sec. 607. Small business ombudsman.
Sec. 608. Consideration of local government cleanup priorities.
Sec. 609. Consistent application among regional offices.
Sec. 610. Study of participants.
Sec. 611. Public comment.
Sec. 612. Certification of environmental training and certification 
                            organizations.
Sec. 613. Savings clause.
Sec. 614. Federal entities and facilities.

                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.
Sec. 702. Orphan share funding.
Sec. 703. Agency for Toxic Substances and Disease Registry.
Sec. 704. Limitations on research, development, and demonstration 
                            programs.
Sec. 705. Authorization of appropriations from general revenues.
Sec. 706. Additional limitations.
Sec. 707. Uses of the fund.

          TITLE VIII--ENVIRONMENTAL INSURANCE RESOLUTION FUND

Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Environmental Insurance Resolution Fund.
Sec. 804. Resolution offers.
Sec. 805. Documentation of claims and insurance coverage.
Sec. 806. Amount of resolution offers.
Sec. 807. Acceptance of resolution offer.
Sec. 808. Resolution payments.
Sec. 809. Rejection of resolution offer and reimbursement to insurer.
Sec. 810. Financial statements, audits, investigations, and 
                            inspections.
Sec. 811. Stay of pending litigation.
Sec. 812. Regulations.
Sec. 813. Court jurisdiction and penalties.
Sec. 814. Miscellaneous provisions.
Sec. 815. Reports.
Sec. 816. Effective date.
Sec. 817. Termination of authority to offer and accept resolution.
Sec. 818. Termination of fund.

                            TITLE IX--TAXES

Sec. 901. Amendments to the Internal Revenue Code of 1986.
Sec. 902. Environmental fees and assessments on insurance companies.
Sec. 903. Funding provisions for Environmental Insurance Resolution 
                            Fund.
Sec. 904. Resolution Fund not subject to tax.

SEC. 3. REFERENCES TO COMPREHENSIVE ENVIRONMENTAL RESPONSE, 
              COMPENSATION, AND LIABILITY ACT OF 1980.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(commonly known as ``Superfund'') (42 U.S.C. 9601 and following).

           TITLE I--COMMUNITY PARTICIPATION AND HUMAN HEALTH

Sec. 101. Public participation.
Sec. 102. Community working groups.
Sec. 103. Hazard ranking system.
Sec. 104. Disease registry and medical care providers.
Sec. 105. Substance profiles.
Sec. 106. Determining health effects.
Sec. 107. Public health at NPL facilities.
Sec. 108. Health studies.
Sec. 109. Distribution of materials to health professionals and medical 
                            centers.
Sec. 110. Grant awards, contracts, and community assistance activities.
Sec. 111. Public health recommendations in remedial actions.
Sec. 112. Transition.

SEC. 101. 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 Administrator, the Administrator may make grants 
        available to any group of individuals which may be affected by 
        the release or threatened release of hazardous substances, 
        pollutants, or contaminants at any facility on the State 
        Registry or 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 
        Administrator 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 availability.--Subject to the limitations 
        provided in paragraph (6), grants shall be made available to 
        affected citizens who live in communities containing facilities 
        in the State Registry not listed on the National Priorities 
        List.
            ``(6) Funding limit.--Not more than 4 percent of the funds 
        made available for carrying out this Act for any fiscal year 
        may be used for grants under this subsection in that fiscal 
        year and not more than one-eighth of the funds under this 
        subsection may be used for grants with respect to facilities 
        not listed on the National Priorities List. If such one-eighth 
        portion is not needed for such facilities, such portion may be 
        used for grants with respect to facilities listed on the 
        National Priorities List.
            ``(7) Funding amount.--The initial amount of any grant 
        under this subsection may not exceed $50,000 for a single grant 
        recipient. However, the Administrator 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.
            ``(8) 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; or (vi) removal activities 
                at such facility.
                    ``(B) Additional activities.--Grants awarded under 
                this section also may be used (i) to obtain technical 
                assistance in gathering and interpreting information 
                used to rank facilities according to the Hazard Ranking 
                System, (ii) for gathering information to assess 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, (iv) to hire a community liaison 
                to potentially responsible parties and government 
                agencies, (v) to hire experts to file comments with 
                governmental agencies and generate other documents as 
                necessary to ensure full participation by the grant 
                recipient, (vi) to hire experts to provide input to the 
                design of any health studies that a government agency 
                performs, and (vii) for training funds for interested 
                affected community members to enable them to more 
                effectively participate in the remedy selection 
                process.
                    ``(C) Limitation.--Grants awarded under this 
                section may not be used for the purposes of collecting 
                field sampling data.
            ``(9) 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 
        Administrator.
            ``(10) Non-site-specific grants.--In accordance with the 
        rules promulgated by the Administrator, the Administrator may 
        make Technical Assistance Grant funds available to nonprofit 
        organizations and citizens groups to enhance their 
        participation in consensus-based rulemaking processes carried 
        out in accordance with this Act. Total funding for all such 
        grants shall not exceed $100,000.
    ``(f) Improving Citizen and Community Participation in the 
Superfund Decisionmaking Process.--(1)(A) In order to provide an 
opportunity for meaningful public participation in every significant 
phase of response activities under this Act, the President shall 
provide the opportunity for public meetings and publish a notice of 
such meetings before or during performance of each of the following:
            ``(i) The health assessment and the preliminary assessment 
        and site inspection, as appropriate. Where the President 
        determines a meeting is not appropriate at the preliminary 
        assessment and site inspection stage, the President shall 
        provide adequate public notice of that decision.
            ``(ii) The Remedial Investigation and Feasibility Study 
        (RI/FS).
            ``(iii) The announcement of the preferred remedial 
        alternative.
            ``(iv) The completion of the work plan for the RI/FS, 
        Remedial Design and Remedial Action.
    ``(B) Public meetings shall be designed to obtain information from 
the community and disseminate information to the community concerning 
the President's facility activities and pending decisions.
    ``(2) The President also shall provide reasonable notice of an 
opportunity for public participation in meetings in which--
            ``(A) the participants include Federal officials, or State 
        officials where the State is conducting response activities, 
        with authority to make significant decisions affecting a 
        response action, and any other person or persons, unless the 
        other person or persons are all coregulators that are not 
        potentially responsible parties, or government contractors; and
            ``(B) the subject of the meeting involves the development 
        of the work plan for the preliminary assessment and site 
        inspection, the RI/FS, Remedial Design or Remedial Action, or 
        any other phase of the remedial process for facilities on the 
        National Priorities List or in the State Registry.
    ``(3) 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.
    ``(4) 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, 
pollutants, or contaminants 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.
    ``(5) 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.
     ``(6) The President, with the assistance of the Citizen 
Information and Access Office (as provided for in subsection (h)), 
shall provide information to the community and seek comment from 
affected citizens throughout all significant phases of the response 
action at the facility. The President shall ensure that information 
gathered from affected citizens during community outreach efforts 
reaches appropriate technical staff in a timely and effective manner. 
The President also shall ensure reasonable written or other appropriate 
responses to such information.
     ``(7) 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.
    ``(8)(A) The President, in carrying out responsibilities under this 
Act, shall ensure that the presentation of information on risk is 
unbiased and informative. To the extent feasible, documents made 
available to the general public which purport to describe the degree of 
risk to human health shall, at a minimum, state--
            ``(i) the population or populations addressed by any risk 
        estimates;
            ``(ii) the expected risk or central estimate of risk for 
        the specific population;
            ``(iii) any appropriate upperbound and lower-bound 
        estimates; and
            ``(iv) the reasonable range or other description of 
        uncertainties in the assessment process.
    ``(B) To the extent practical and appropriate, the Administrator 
shall provide comparisons of the level of risk from hazardous 
substances found at facilities to comparable levels of risk from 
hazardous substances ordinarily encountered by the general public 
through other routes of exposure.
    ``(9) Notwithstanding any other provision of this subsection, in 
the case of a removal action taken in accordance with section 104 which 
is expected to extend beyond 180 days, the President shall comply with 
the requirements of this section. Whenever the planning period for a 
removal action is expected to be greater than 6 months, the 
Administrator shall provide the community with notice of the 
anticipated removal action and a public comment period of no less than 
30 days.''.

SEC. 102. COMMUNITY WORKING GROUPS.

    Section 117 (42 U.S.C. 9617) is amended by adding after subsection 
(f) (as added by this Act) the following new subsections:
    ``(g) Community Working Groups.--
            ``(1) Creation and responsibilities.--The President shall 
        provide the opportunity for the establishment of a 
        representative public forum, known as a Community Working Group 
        (CWG), to achieve direct, regular, and meaningful consultation 
        with all interested parties throughout all stages of a response 
        action whenever--
                    ``(A) the President determines such a group will be 
                helpful; or
                    ``(B) 50 citizens, or at least 20 percent of the 
                population of a locality in which the National 
                Priorities List facility is located, petition for a 
                Community Working Group to be established.
            ``(2) Duties.--Each Community Working 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 Working 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 
        Working Group shall allow the presentation of divergent views.
            ``(3) Land use recommendations.--To obtain greater 
        community support for remedial decisions affecting future land 
        use, the President shall consult with the CWG on a regular 
        basis throughout the remedy selection process regarding the 
        reasonably anticipated future use of land at the facility and 
        any institutional controls required to assure that land use 
        determinations remain in effect. The CWG may offer 
        recommendations on the reasonably anticipated future use of 
        land at the facility to the President at any time prior to the 
        selection of a remedy at the facility. The land use 
        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 
        CWG. However, the President shall give substantial weight to 
        the CWG's land use recommendation when the CWG achieves 
        consensus on the reasonably anticipated future use of land at 
        the facility. In cases in which there is substantive 
        disagreement within the CWG over a recommendation regarding the 
        reasonably anticipated future use of land at the facility, the 
        President shall make reasonable efforts to reconcile the 
        differences. In the event of continued substantive 
        disagreement, substantial weight shall be given to the views of 
        the residents in the affected community. Should the President 
        make a determination that is inconsistent with a consensus CWG 
        recommendation on the reasonably expected future use of land at 
        the facility, the President shall issue a written explanation 
        for the inconsistency.
            ``(4) Community working group input.--With the exception of 
        land use recommendations, input received from the Community 
        Working Groups shall be considered by the President to be of 
        equal weight with the advice received from the Technical 
        Assistance Grant recipients and other affected community 
        members.
            ``(5) Community working group members.--Members shall serve 
        on the Community Working Group without pay. Membership on the 
        Community Working Group shall not exceed 20 persons. The 
        President shall solicit and accept nominations for the 
        Community Working Group membership. Ultimate selection of CWG 
        members shall be made by the President after consultation with 
        the Citizen Information and Access Office as provided for in 
        subsection (h). The President shall also provide notice and 
        opportunity to participate to persons who are or historically 
        have been disproportionately affected by facility contamination 
        in their community. Each Community Working Group shall, to the 
        extent practicable, reflect the composition of the community 
        near the facility and the diversity of interest. Local 
        residents shall comprise no less than 50 percent of the total 
        membership of the CWG. In general, the President shall allow 
        members of the following groups representation on a CWG:
                    ``(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.
                    ``(D) Representatives of local Indian tribes or 
                Indian communities.
                    ``(E) Local representatives of citizen, 
                environmental, or public interest groups with members 
                residing in the community.
                    ``(F) 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.
                    ``(G) Workers at the facility who will be involved 
                in actual response operations.
                    ``(H) Workers employed at the facility during 
                facility operation.
                    ``(I) Facility owners and local representatives of 
                the significant Potentially Responsible Parties (PRPs), 
                who represent, wherever practicable, a balance of PRP 
                interests.
                    ``(J) Members of the local business community.
            ``(6) Technical and administrative support for community 
        working groups.--The President shall provide administrative 
        services and meeting facilities for Community Working Groups. 
        The Administrator of Environmental Protection Agency, the 
        Administrator of the Agency for Toxic Substances and Disease 
        Registry and the State, as appropriate, shall participate in 
        Community Working Group meetings to provide information and 
        technical expertise, but shall not be members of the Community 
        Working Group.
            ``(7) Other public comment.--The existence of a CWG shall 
        not diminish any other obligation of the President to consider 
        the views of any person in selecting response actions under 
        this Act.
    ``(h) Citizen Information and Access Offices.--
            ``(1) Establishment of citizen information and access 
        offices.--Within 18 months after the date of enactment of the 
        Superfund Reform Act of 1994, a Citizen Information and Access 
        Office (CIAO) shall be established within each State to perform 
        the functions provided in this subsection. The CIAO shall be an 
        independent special purpose unit of the government, subject to 
        the administrative laws of the State, including any sunshine 
        laws. If a CIAO has not been established in a State within such 
        18 months, the Administrator shall establish an office within 
        the Agency to perform the functions of the CIAO in that State 
        until such time as a CIAO is established.
            ``(2) Primary functions.--Each Citizen Information and 
        Access Office shall have the following primary functions:
                    ``(A) The Citizen Information and Access Office 
                shall inform citizens and elected officials at all 
                levels of government of the existence of State Registry 
                and National Priorities List facilities in the State.
                    ``(B) The Citizen Information and Access Office 
                shall provide citizens with a description of the 
                identification and response process under this Act and 
                citizens' legal rights within that process. It may 
                include identification of resources, including 
                Technical Assistance Grants, that are available to 
                assist affected citizens in participating effectively 
                in the Superfund process. Information shall be 
                disseminated in a manner that is easily understood by 
                the community, considering any unique cultural needs of 
                the community, including presentation of information 
                orally and distribution of information in languages 
                other than English as appropriate. Other information 
                that the CIAO shall provide to the public may include 
                the following:
                            ``(i) The possibility, where relevant, that 
                        a community may qualify to receive an 
                        alternative water supply or relocation 
                        assistance.
                            ``(ii) The potential for or existence of a 
                        Community Working Group.
                            ``(iii) A description of the facility's 
                        location and characteristics, the hazardous 
                        substances, pollutants or contaminants present, 
                        the known exposure pathways, and the steps 
                        being taken to assess the risk presented by the 
                        facility. The Citizen Information and Access 
                        Office shall disseminate information 
                        characterizing the risks presented by a 
                        facility. Where a CIAO receives conflicting 
                        information from the President and the 
                        Community Working Group, the CIAO will make 
                        every effort to resolve any apparent difference 
                        in information on the risks present at the 
                        facility before it distributes that information 
                        to the public. Where no agreement is reached 
                        among the Citizen Information and Access 
                        Office, the President, and the Community 
                        Working Group, the Citizen Information and 
                        Access Office shall disseminate such 
                        information reflecting the differing views 
                        about the risk presented by the facility. The 
                        Citizen Information and Access Office shall 
                        seek to ensure that the information it 
                        disseminates is based on the most current 
                        technical and scientific data in its possession 
                        for any State Registry or National Priorities 
                        List facility.
                    ``(C) The Citizen Information and Access Office 
                shall serve as an information clearinghouse in each 
                State. Its functions also shall include maintaining 
                records of each facility's status and any health data 
                generated concerning National Priorities List 
                facilities in each State. The facility data maintained 
                by the Citizen Information and Access Office shall also 
                include--
                            ``(i) a record of any institutional 
                        controls at all facilities in the State;
                            ``(ii) any annual health data generated in 
                        connection with the facility;
                            ``(iii) the location of each facility on 
                        the State Registry;
                            ``(iv) to the extent available, the 
                        hazardous substances or pollutants or 
                        contaminants present at each facility in the 
                        State, including the volume of the hazardous 
                        substances or pollutants or contaminants;
                            ``(v) the exposure pathways, current 
                        exposure (if any), potential future exposure, 
                        and risks to human health or the environment, 
                        after seeking to resolve any discrepancies as 
                        provided in subparagraph (B)(iii);
                            ``(vi) protective concentration levels 
                        established for the facility;
                            ``(vii) the biennial Environmental Justice 
                        Report prepared pursuant to this section; and
                            ``(viii) any report generated during the 
                        review conducted in accordance with section 
                        121(c).
                    ``(D) The Citizen Information and Access Office 
                shall assist the Administrator in the Administrator's 
                efforts to disseminate information, notify citizens of 
                public meetings, notify potential Community Working 
                Group members, and other tasks, as appropriate.
                    ``(E) The Citizen Information and Access Office 
                shall collect available information from the 
                Administrator or other Federal or State agencies 
                regarding the continued effectiveness of removal and 
                remedial actions taken in the State.
                    ``(F) The Citizen Information and Access Office 
                shall conduct outreach activities and provide 
                information to small disadvantaged businesses about 
                Federal and State contracting and (to the extent 
                available) subcontracting opportunities at facilities 
                in the State.
            ``(3) Funding.--Funding for all Citizen Information and 
        Access Offices, collectively, shall not exceed $50,000,000 per 
        year. The Administrator shall publish guidelines establishing a 
        formula for determining the actual amount of funding for each 
        Citizen Information and Access Office and procedures for 
        awarding grants to any CIAO. The formula shall include factors 
        such as the number and complexity of State Registry and 
        National Priorities List facilities in the State. The funding 
        shall be available directly to each Citizen Information and 
        Access Office or, in States where no CIAO is established, the 
        funding shall be made available to the Administrator to carry 
        out the responsibilities of this subsection in that State or 
        for the use of the entity with whom the Administrator contracts 
        to perform the functions of the CIAO.
            ``(4) Citizen information and access office governing 
        board.--
                    ``(A) Establishment.--Each Citizen Information and 
                Access Office shall establish a volunteer Citizen 
                Governing Board which shall have the ultimate 
                responsibility for ensuring that the Citizen 
                Information and Access Office is properly managed.
                    ``(B) Citizen information and access office 
                governing board members.--
                            ``(i) Nominations.--Citizens active in 
                        State Registry and National Priorities List 
                        facility communities shall nominate persons for 
                        board membership.
                            ``(ii) Appointments.--The Governor of each 
                        State shall appoint, from those nominees put 
                        forward, between 7 and 15 citizens to serve as 
                        board members.
                            ``(iii) Members qualifications.-- Where 
                        possible, the Governor shall ensure that one-
                        half of the appointees reside in communities 
                        affected by a variety of National Priorities 
                        List facilities in the State, and the other 
                        half reside in communities affected by a 
                        variety of non-NPL State Registry facilities in 
                        the State. Board members shall have a 
                        demonstrated commitment to the needs of the 
                        citizens in these communities, and shall 
                        reasonably reflect the racial and ethnic 
                        composition of these communities. Special 
                        efforts shall be made to nominate citizens who 
                        are or historically have been 
                        disproportionately adversely affected by 
                        facility contamination.
                            ``(iv) Experience.--Where possible, Board 
                        members should have a background in a field of 
                        study related to the scientific and technical 
                        issues common to Superfund facilities, or have 
                        practical experience related to the Superfund 
                        program.
                            ``(v) Terms.--Board members shall serve for 
                        limited, staggered terms.
            ``(5) Citizen information and access office staff.--Each 
        Citizen Information and Access Office shall have a permanent 
        staff to assist in carrying out its functions. Staff shall have 
        demonstrated qualifications for working with citizens in 
        communities located near State Registry or National Priorities 
        List facilities, and shall also meet other criteria established 
        by the President in consultation with the Citizen Information 
        and Access Office Citizen Governing Board. An Executive 
        Director or President, selected by the full Governing Board, 
        shall be responsible for all Citizen Information and Access 
        Office staffing decisions.
            ``(6) Federal oversight of citizen information and access 
        office.--
                    ``(A) Report.--The Citizens Information and Access 
                Office shall report annually to the Administrator 
                regarding performance of its duties and shall provide a 
                detailed accounting of its use of funds under this 
                section.
                    ``(B) Verification by inspector general.--The 
                Inspector General of the Environmental Protection 
                Agency shall periodically review the programs and 
                reports made under this section.
                    ``(C) Consequences of failure.--The Administrator 
                may withhold any funding authorized under this section 
                if the Administrator determines, after notice to the 
                affected CIAO, that the CIAO has expended funds in a 
                manner inconsistent with this section.
            ``(7) Citizen information and access offices and community 
        working groups for tribal peoples.--Members of Indian tribes 
        affected by a facility on the National Priorities List may 
        petition the Administrator to form a body that is the 
        equivalent of a State Citizen Information and Access Office. 
        Notwithstanding the creation of a tribal Citizen Information 
        and Access Office, the State Citizen Information and Access 
        Office shall be responsible for providing information and 
        expertise to tribal members as well as other citizens in the 
        State. Tribal members may establish Community Working Groups 
        under subsection (g) regardless of whether there exists a 
        tribal Citizen Information and Access Office or other tribal 
        program relating to this Act.
    ``(i) Environmental Justice Study.--
            ``(1) Report by the administrator.--The Administrator shall 
        prepare and submit to Congress an Environmental Justice Study 
        two years after the date of enactment of the Superfund Reform 
        Act of 1994 and every 2 years thereafter. Such study also shall 
        be provided to the Citizen Information Access Offices. The 
        Administrator and Citizen Information Access Offices shall 
        ensure that copies of such studies are made available to the 
        public.
            ``(2) Content of the report.--The Administrator's report 
        shall include an analysis of each facility which shall compare 
        information on priority setting, response actions, and public 
        participation requirements conducted under this Act to the 
        population, race, ethnicity, and income characteristics of each 
        community affected by each facility.
            ``(3) Evaluation.--The Administrator shall evaluate the 
        information in the study to determine whether priority setting, 
        response actions, and public participation requirements were 
        conducted in a fair and equitable manner and identify program 
        areas that require improvements or modification.
            ``(4) Actions based on evaluation.--The Administrator shall 
        institute the necessary improvements or modifications to 
        address any deficiencies identified in the study prepared under 
        this section.''.

SEC. 103. HAZARD RANKING SYSTEM.

    Section 105 (42 U.S.C. 9605(a)) is amended as follows:
            (1) By inserting after subsection (g) the following new 
        subsections:
    ``(h) Hazard Ranking System.--In setting priorities under 
subsection (a)(8), the President--
            ``(1) shall group facilities together, even if they are not 
        adjacent or geographically juxtaposed, and score them as a 
        single facility where more than one facility listed on the 
        State Registry results in hazardous substances exposures to the 
        same population;
            ``(2) may take into account to the maximum extent 
        technically feasible any history of exposure to hazardous 
        substances in the community regardless of the source of 
        exposure, in placing facilities on the National Priorities 
        List;
            ``(3) shall take into account the use of land or waterways 
        for subsistence, religious, spiritual, or cultural practices 
        where such use results in additional exposures, in placing 
        facilities on the National Priorities List; and
            ``(4) shall conduct interviews with persons affected by the 
        facility and living in the community and solicit their input 
        and information in the hazard ranking system evaluation.
    ``(i) Environmental Justice Facility Scoring.--The Administrator 
shall evaluate major urban areas and any other areas where 
environmental justice concerns may warrant special attention (such as 
tribal lands or poor rural communities) and identify 5 facilities in 
each region of the Environmental Protection Agency that are, or that 
should be, on the State Registry and that are likely to warrant 
inclusion on the National Priorities List. These facilities shall be 
accorded a priority in evaluation for NPL listing and scoring, and 
shall be evaluated for listing within 2 years after the date of 
enactment of the Superfund Reform Act of 1994.''.
            (2) By striking the period at the end of paragraph (10) of 
        subsection (a) and inserting ``; and'' and by adding the 
        following new paragraph after such paragraph (10):
            ``(11) a process and procedure for reviewing petitions to 
        reevaluate a facility not on the National Priorities List for 
        inclusion on the National Priorities List where paragraphs (1), 
        (2), and (3) of subsection (h) are relevant.''.

SEC. 104. 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. 105. SUBSTANCE PROFILES.

    Section 104(i)(3) (42 U.S.C. 9604(i)(3)) is amended as follows:
            (1) By inserting ``(A)'' after ``(3)''.
            (2) By redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively.
            (3) By striking out the matter beginning with ``Any 
        toxicological profile or revision thereof'' and all that 
        follows through the end of such paragraph and inserting in lieu 
        thereof the following:
    ``(B) Any toxicological profile or revision thereof shall reflect 
the Administrator of ATSDR's assessment of all relevant toxicological 
testing which has been peer reviewed. The profiles prepared under this 
paragraph shall be for those substances highest on the list of 
priorities under paragraph (2) for which profiles have not previously 
been prepared or for substances not on the listing but which have been 
found at non-National Priorities List facilities and which have been 
determined by ATSDR to be of critical health concern. Profiles required 
under this paragraph shall be revised and republished as necessary, 
based on scientific need. Such profiles shall be provided to the States 
and made available to other interested parties.''.

SEC. 106. 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. 107. 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) The Administrator of ATSDR shall perform a 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 established under section 105 of this Act. The 
public health assessment shall be commenced as soon as practicable 
after each facility is proposed for inclusion on the National 
Priorities List and shall be completed not later than the date of 
issuance of a remedial investigation and feasibility study for the 
facility to allow full consideration in selecting the remedial action 
of the public health implications of any release.''.
            (2) In subparagraph (D), by inserting ``(i)'' after ``(D)'' 
        and by adding the following at the end of the subparagraph: 
        ``The Administrator 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 
        Administrator 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 Administrator as 
        soon as practicable after site discovery, recommendations for 
        sampling environmental media for hazardous substances of public 
        health concern. To the extent feasible, the Administrator 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 
        data from Community Working Groups (`Community Working Groups') 
        and from other sources in communities affected or potentially 
        affected by releases of hazardous substances, pollutants, or 
        contaminants 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. Each Community Working Group (or affected 
        community where no Community Working Group exists) shall be 
        permitted to play an active and early role in reviewing health 
        assessment designs. 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. 108. 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. 109. 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. 110. 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 subparagraph:
    ``(B) When a public health assessment is conducted at a facility on 
the National Priorities List, or a release 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.''.

SEC. 111. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS.

    Section 121(c) (42 U.S.C. 9621(c)) is amended in the first sentence 
by inserting after ``remedial action'' the second time it appears the 
following: ``, including public health recommendations and decisions 
resulting from activities under section 104(i),''.

SEC. 112. TRANSITION.

    (a) Effective Date in General.--Except as provided in subsection 
(b), this title and the amendments made by this title shall become 
effective upon the date of enactment of this Act.
    (b) Special Rule.--The requirements of paragraphs (1) through (4) 
of section 117(f) and paragraph (1) of section 117(g) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as added by sections 101 and 102, shall become effective 180 
days after the date of enactment of this Act.

                         TITLE II--STATE ROLES

Sec. 201. Contracts or cooperative agreements with States.
Sec. 202. State cost share.
Sec. 203. Siting.
Sec. 204. The National Priorities List.
Sec. 205. The State registry.
Sec. 206. Conforming and miscellaneous amendments.
Sec. 207. Study of authorization of States to carry out Superfund.
Sec. 208. State role at Federal facilities.

SEC. 201. CONTRACTS OR COOPERATIVE AGREEMENTS WITH STATES.

    Title I is amended by adding after section 126 the following new 
section:

``SEC. 127. CONTRACTS OR COOPERATIVE AGREEMENTS WITH STATES.

    ``(a) In General.--
            ``(1) Application for authority to take preremedial action 
        at non-npl facilities.--A State may apply to the Administrator 
        to take or require preremedial actions (including removal 
        actions) under a contract or cooperative agreement as provided 
        in this section at any non-federally owned or operated facility 
        within the boundaries of the State that is not listed on the 
        National Priorities List (NPL).
            ``(2) Application for authority to take response action at 
        npl facilities.--A State may apply to the Administrator to take 
        or require response actions, including selection and 
        enforcement of remedial actions and use of allocation 
        procedures under section 130, under a contract or cooperative 
        agreement as provided in this section at any non-federally 
        owned or operated facility within the boundaries of the State 
        that is listed on the National Priorities List (NPL) or to take 
        or require removal actions at any facility proposed for listing 
        on the National Priorities List.
            ``(3) Approval of application.--The Administrator shall 
        enter into a contract or cooperative agreement under this 
        section if the Administrator determines that the State--
                    ``(A) meets the qualification requirements set 
                forth in the regulations promulgated pursuant to 
                subsection (b); and
                    ``(B) with respect to authority to select remedial 
                actions and use allocation procedures, meets the 
                qualification requirements set forth in subsection (c).
    ``(b) Regulations.--The Administrator, in consultation with the 
States, shall promulgate regulations to implement this section. The 
regulations shall provide such additional qualifications for a contract 
or cooperative agreement under this section as the Administrator 
considers reasonable, including qualifications applicable to particular 
types of preremedial or response actions. The regulations shall include 
a requirement that, in order for a State to qualify for a contract or 
cooperative agreement with respect to a facility under this section, 
the State may not be a major potentially responsible party with respect 
to that facility.
    ``(c) Qualification Requirements With Respect to Selection of 
Remedial Action and Use of Allocation Procedures.--For purposes of 
subsection (a)(3)(B), with respect to a contract or cooperative 
agreement under this section for authority to select remedial action or 
to use the allocation procedures under section 130, the Administrator 
also shall make each of the following determinations:
            ``(1) The State has the capability to select remedial 
        actions or to use the allocation procedures under section 130, 
        including adequate legal authority, financial and personnel 
        resources, organization, and expertise.
            ``(2) The State meets any other qualifications set forth in 
        the regulations promulgated under subsection (b) for selecting 
        remedial actions or using the allocation procedures.
            ``(3) The State demonstrates a historical record of 
        performing similar response actions.
    ``(d) Requirements for Selection of Remedial Action.--In any 
contract or cooperative agreement that allows a State to select 
remedial actions, the State shall agree to select such remedial actions 
in accordance with all of the procedures and requirements set forth in 
sections 117 and 121 of this Act, the National Contingency Plan, and 
any other relevant regulations and guidelines adopted by the 
Administrator.
    ``(e) State Authority Regarding Enforcement of Selected Remedial 
Action.--(1) A State that selects a remedial action pursuant to a 
contract or cooperative agreement entered into under subsection (a) 
shall have the authority to enforce the requirements of such remedial 
action pursuant to section 121(f)(4).
    ``(2) Such State also shall have the authority to enforce 
compliance with any standard, regulation, condition, requirement, 
order, or final determination of the State with respect to the remedial 
action. Such State also may seek civil penalties not to exceed $25,000 
per day for any violation of such standard, regulation, condition, 
requirement, order, or final determination. Such State may commence an 
action seeking such relief unless the standard, regulation, condition, 
requirement, order, or final determination is arbitrary, capricious, or 
contrary to law when reviewed upon the administrative record presented 
by the State.
    ``(3) In addition, if expressly provided in the contract or 
cooperative agreement, such State may waive a Federal requirement 
applicable to the remedial action in accordance with section 121.
    ``(f) Requirements for Enforcement and Allocation.--
            ``(1) Enforcement.--In the case of a contract or 
        cooperative agreement providing for a State to initiate an 
        enforcement action with respect to a facility for purposes of 
        recovering costs or compelling performance of a remedy at the 
        facility, the contract or cooperative agreement shall require 
        the State to provide for expedited settlements under section 
        122.
            ``(2) Use of allocation procedures.--(A) In the case of a 
        contract or cooperative agreement providing for a State to 
        initiate an enforcement action with respect to a facility 
        subject to mandatory allocation pursuant to section 130(a)(1), 
        the contract or cooperative agreement shall require the State 
        to use allocation procedures with respect to the facility. The 
        contract or cooperative agreement shall require the State to 
        initiate the allocation process by certifying each of the 
        following:
                    ``(i) The State has completed a potentially 
                responsible party search substantially consistent with 
                subsection (c) of section 130 and will make the results 
                of that search available to the allocator and the 
                parties.
                    ``(ii) The State has notified Federal, State, and 
                tribal natural resource trustees of the commencement of 
                the allocation process and, pursuant to section 
                104(b)(2), of potential damages to natural resources.
                    ``(iii) The facility would be subject to mandatory 
                allocation under section 130(a)(1) if the President 
                were conducting the response action.
            ``(B) After the State has made a certification under 
        subparagraph (A), the Administrator shall initiate an 
        allocation in accordance with the terms of section 130. The 
        Administrator may assign to the State, by cooperative agreement 
        or otherwise, any responsibilities to conduct the allocation, 
        except that the Administrator and Attorney General shall retain 
        their authority relating to orphan share funding as provided by 
        this paragraph and in section 130, including the timing and 
        terms of payment.
            ``(C) The State may accept or reject the allocation report 
        on the same basis as provided in section 130(l). If the State 
        does not reject the allocation, it shall use the allocator's 
        report as the basis of State settlements. The State may recover 
        the costs of the allocation pursuant to State law or the 
        provisions of this Act.
            ``(D) The President, through either the Administrator or 
        the Attorney General, or both, may participate in any phase of 
        an allocation proceeding where an orphan share is identified 
        according to the factors set forth in section 130.
            ``(E) If the State accepts an allocation report as the 
        basis for its settlements, and the allocation report identifies 
        an orphan share subject to Federal funding, the State shall 
        apply for such funding by certifying each of the following to 
        the Administrator and the Attorney General:
                    ``(i) The allocation presents a reasonable basis 
                for resolving responsibility for the facility.
                    ``(ii) The assignment of an orphan share shall be 
                in accordance with section 130.
            ``(F) The Administrator and the Attorney General shall 
        accept a State's request for orphan share funding supported by 
        an allocation report and the certification described in 
        subparagraph (E), unless the Administrator and Attorney General 
        determine, within 120 days after the request by the State, that 
        the allocation does not meet the standards set forth in section 
        130. Such determination shall be made in the same manner, and 
        shall be subject to the same limitations, as set forth in 
        section 130.
            ``(G) The contract or cooperative agreement shall provide 
        the following:
                    ``(i) The Administrator may deduct from orphan 
                share funding the costs incurred in conducting the 
                allocation.
                    ``(ii) The State may use the orphan share funding 
                only to fund response actions through settlement or to 
                reimburse parties performing work in excess of the 
                share assigned to them in allocation. No such 
                reimbursement may exceed the reimbursement level 
                available under section 130.
            ``(H) The State may recover funds provided through orphan 
        share funding from nonsettling responsible parties pursuant to 
        State law or the provisions of this Act. Seventy-five percent 
        of such recoveries shall be returned to the Fund. The remaining 
        25 percent shall be used for any other response action by the 
        recovering State.
            ``(3) Covenants.--(A) In a case in which either the 
        President, acting under the authority of this Act, or a State, 
        acting pursuant to a contract or cooperative agreement under 
        this section, has responsibility for selecting a response 
        action at a facility listed or proposed for listing on the 
        National Priorities List and enters an administrative or 
        judicial settlement to resolve the liability of responsible 
        parties at the facility, the President or the State may confer, 
        in accordance with requirements relating to covenants of 
        sections 122 and 130, a covenant that will preclude some or all 
        administrative or judicial action by both the President and the 
        State to recover response costs or to compel response actions 
        at the facility with respect to matters addressed in the 
        settlement, except that such covenants shall not be binding on 
        the governmental entity that did not confer the covenant to the 
        extent that--
                    ``(i) the covenant purports to address natural 
                resource damages; or
                    ``(ii) the President or the State has not been 
                provided notice of, and an opportunity to participate 
                in, the settlement concerning the response action; or
                    ``(iii) the President or the State objects to the 
                settlement within 120 days of the date of signature for 
                the record of decision or receipt of notice of the 
                settlement, whichever is later.
            ``(B) The covenants described by this paragraph may be 
        conferred by either the Administrator or the State with respect 
        to a facility owned or operated by any department, agency, or 
        instrumentality of the United States (including the executive, 
        legislative, and judicial branches of government). The 
        Administrator may confer a covenant in an administrative order, 
        consent decree, or an interagency agreement. The State may 
        confer a covenant in an administrative order or a consent 
        decree.
    ``(g) Terms and Conditions; Enforcement.--
            ``(1) In general.--A contract or cooperative agreement 
        under this section shall be subject to such terms and 
        conditions as the Administrator may prescribe. If a State fails 
        to comply with a requirement of a contract or cooperative 
        agreement, the Administrator, after 90 days notice to the 
        affected State, may seek in the appropriate United States 
        district court to ensure performance of the response action, or 
        to recover any funds advanced or any costs incurred because of 
        the breach.
            ``(2) Specific terms.--A contract or cooperative agreement 
        under this section shall include the following requirements:
                    ``(A) A requirement that the State shall exercise 
                any authority conferred by this section or the contract 
                or cooperative agreement on behalf of the State, and 
                not on behalf of or in the name of the Administrator, 
                the President, or the United States.
                    ``(B) A requirement that the State have and 
                maintain sufficient legal authority under applicable 
                State law to enter into the contract or cooperative 
                agreement.
                    ``(C) A requirement that the Administrator retain 
                authority to terminate and recoup funding, and to 
                terminate the contract or cooperative agreement, if the 
                State fails to perform the contract or cooperative 
                agreement in a manner consistent with this Act. At 
                least 90 days before terminating any contract or 
                cooperative agreement with a State, the Administrator 
                shall provide to the State a written explanation of the 
                reasons for the proposed termination and afford an 
                opportunity to the State to discuss the termination and 
                to propose actions to correct any deficiencies.
                    ``(D) A requirement imposing a nondiscretionary 
                duty on the Administrator to perform or compel 
                expeditious performance of response actions under the 
                contract or cooperative agreement if the State fails to 
                comply with the terms of the contract or cooperative 
                agreement.
    ``(h) Savings Clause.--Nothing in this section shall affect the 
exercise by a State of any other authorities that may be applicable to 
facilities in such State.''.

SEC. 202. STATE COST SHARE.

    Section 104(c) is amended by adding at the end the following new 
paragraphs:
    ``(10) Existing Contracts and Cooperative Agreements.--The 
requirements of paragraphs (3), (6), and (7) of this subsection shall 
apply only to contracts and cooperative agreements pursuant to section 
104(d) entered into prior to the enactment of the Superfund Reform Act 
of 1994.
    ``(11) State Cost Share.--After the date of enactment of the 
Superfund Reform Act of 1994, the Administrator shall not provide any 
funding under this subsection or section 127, or any response action 
pursuant to this section, except for emergency removal actions, unless 
the State in which the release or threatened release occurs has entered 
into a contract or cooperative agreement pursuant to this subsection or 
section 127 that provides assurances, deemed adequate by the 
Administrator, that--
            ``(A) the State will pay or assure payment of 15 percent of 
        the cost of such response action or funding, including 15 
        percent of orphan share funding and operation and maintenance 
        costs; and
            ``(B) the State will assure oversight of any operation and 
        maintenance of funded response actions.''.

SEC. 203. SITING.

    Section 104(c)(9) is amended to read as follows:
    ``(9) Siting.--Effective 1 year after the date of enactment of the 
Superfund Reform Act of 1994, the President shall not provide any 
remedial actions pursuant to this section or section 127 unless the 
State in which the release occurs submits a report describing its plans 
for adequate treatment, storage, and disposal capacity of hazardous 
wastes generated within the State, in accordance with guidelines issued 
by the Administrator.''.

SEC. 204. THE NATIONAL PRIORITIES LIST.

    Section 105(a)(8)(B) is amended by striking ``as part of the 
plan''.

SEC. 205. THE STATE REGISTRY.

    Section 105(a)(8) of the Act (42 U.S.C. 9605(a)(8)) is amended by 
adding after subparagraph (B) the following new subparagraph:
            ``(C) State registry.--Each State shall maintain and make 
        available to the public a list of facilities in the State that 
        are believed to present a current or potential hazard to human 
        health or the environment due to the release or threatened 
        release of hazardous substances or pollutants or contaminants. 
        Each State, in consultation with the Administrator and other 
        appropriate Federal agencies, shall update such listing on an 
        annual basis.''.

SEC. 206. CONFORMING AND MISCELLANEOUS AMENDMENTS.

    (a) Transfer of Section 121(e)(2).--(1) Section 121(e) is amended--
            (A) by striking out paragraph (2); and
            (B) by striking out ``Permits and Enforcement.--(1)'' and 
        inserting ``Permits.--''.
    (2) Section 121(f) is amended by adding at the end the following 
new paragraph:
    ``(4) A State may enforce any Federal or State standard, 
requirement, criteria, or limitation to which the remedial action is 
required to conform under this Act in the United States district court 
for the district in which the facility is located.''.
    (b) Section 126(a).--Section 126(a) is amended by adding after 
``section 104(i) (regarding health authorities)'' the following: ``, 
section 127 (regarding contracts and cooperative agreements), section 
128 (regarding voluntary response actions), subsection (f) of section 
121 (relating to cleanup standards), section 122(d)(1)(D) (relating to 
compliance with consent decrees),''.
    (c) Section 310(a).--Section 310(a) is amended by inserting 
``(including any State)'' after ``person''.
    (d) Transition.--Subsection (d) of section 104 is amended by adding 
at the end the following new paragraph:
    ``(5) Termination.--This subsection shall cease to be in effect on 
the effective date of regulations promulgated to implement section 127, 
as added by the Superfund Reform Act of 1994.''.

SEC. 207. STUDY OF AUTHORIZATION OF STATES TO CARRY OUT SUPERFUND.

    The Administrator of the Environmental Protection Agency shall 
conduct a study of the feasibility of authorizing States to use their 
own laws to carry out the provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 in lieu of the 
Federal program established under such Act.

SEC. 208. STATE ROLE AT FEDERAL FACILITIES.

    Subsection (g) of section 120 is amended to read as follows:
    ``(g) Transfer of Authorities.--
            ``(1) State application for transfer of authorities.--A 
        State may apply to the Administrator to exercise the 
        authorities vested in the Administrator under this section at 
        any or all facilities owned or operated by any department, 
        agency, or instrumentality of the United States (including the 
        executive, legislative, and judicial branches of government), 
        including the authority--
                    ``(A) to publish a timetable and deadlines for 
                completion of any remedial investigation and 
                feasibility study;
                    ``(B) to review and approve all documents prepared 
                in connection with any such investigation and study;
                    ``(C) to select and approve remedies; and
                    ``(D) to enter into and enforce, through judicial 
                or administrative means, agreements, orders, and 
                consent decrees entered into pursuant to this Act.
            ``(2) Transfer of authorities.--The Administrator shall 
        enter into a contract or cooperative agreement to transfer the 
        authorities described in paragraph (1) if the Administrator 
        determines the following:
                    ``(A) The State has the ability to exercise such 
                authorities in accordance with this Act, including 
                adequate legal authority, financial and personnel 
                resources, organization, and expertise.
                    ``(B) The State demonstrates experience in 
                exercising similar authorities.
            ``(3) Effect of authorization under solid waste disposal 
        act.--In the review by the Administrator of an application of a 
        State for transfer of authorities under this subsection, if the 
        State is authorized to implement a State hazardous waste 
        program pursuant to section 3006 of the Solid Waste Disposal 
        Act (42 U.S.C. 6926), the following provisions apply:
                    ``(A) With respect to a State that is a signatory 
                to an interagency agreement under subsection (e)(2) 
                that is in effect on the effective date of the 
                Superfund Reform Act of 1994, the Administrator, in 
                making the determinations referred to in paragraph (2), 
                shall accord substantial weight to the State's 
                hazardous waste program authorization and the 
                Administrator's findings in approving such 
                authorization.
                    ``(B) With respect to a State whose authorization 
                under such section 3006 includes authorization to 
                implement the corrective action provisions of the Solid 
                Waste Disposal Act, the Administrator shall approve the 
                application and provide for the orderly transfer of 
                authorities as expeditiously as possible, but in no 
                case later than 6 months after the date of receipt of 
                the application, unless the parties agree to another 
                deadline.
            ``(4) Effect of transfer.--Any State to which authorities 
        are transferred under this subsection shall not be deemed to be 
        an agent of the President but shall exercise such authorities 
        in its own name.
            ``(5) Deadlines.--Except as provided in paragraph (3)(B), 
        the Administrator shall make a determination on an application 
        from a State under this subsection not later than 90 days after 
        the date the Administrator receives the application.
            ``(6) Withdrawal of authorities.--(A) The Administrator may 
        withdraw the authorities transferred under this subsection in 
        whole or in part if the Administrator determines--
                    ``(i) that the State, in whole or in part, is 
                exercising such authorities in a manner clearly 
                inconsistent with the requirements of this Act; or
                    ``(ii) in the case of a State that was approved 
                under paragraph (3)(B), that the State is no longer 
                authorized to implement the corrective action 
                provisions of the Solid Waste Disposal Act.
            ``(B) At least 90 days before withdrawing any such 
        transferred authorities from a State, the Administrator shall 
        provide to the State a written explanation of the reasons for 
        the proposed withdrawal and afford an opportunity to the State 
        to discuss the withdrawal and to propose actions to correct any 
        deficiencies.
            ``(7) Limitation.--Except for authorities that are 
        transferred by the Administrator to a State pursuant to this 
        subsection, or that are transferred by the Administrator to an 
        officer or employee of the Environmental Protection Agency, no 
        authority vested in the Administrator under this section may be 
        transferred, by executive order of the President or otherwise, 
        to any other officer or employee of the United States or to any 
        other person. Except as necessary to implement the transfer of 
        the Administrator's authorities to a State pursuant to this 
        subsection, nothing in this subsection shall be construed as 
        altering, modifying, or impairing in any manner any agreement, 
        permit, administrative or judicial order, decree, or 
        interagency agreement existing on the effective date of the 
        Superfund Reform Act of 1994. Nothing in this subsection shall 
        affect the exercise by a State of any other authorities that 
        may be applicable to facilities in such State.''.

                     TITLE III--VOLUNTARY RESPONSE

Sec. 301. Voluntary response program.

SEC. 301. VOLUNTARY RESPONSE PROGRAM.

    Title I is amended by adding the following new section after 
section 127:

``SEC. 128. VOLUNTARY RESPONSE PROGRAM.

    ``(a) 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.
    ``(b) Establishment of Program.--The Administrator shall establish 
a program to provide technical, financial, and other assistance, 
including grants, to States to establish and expand voluntary response 
programs.
    ``(c) EPA Assistance to States for State Voluntary Response 
Programs.--The Administrator shall assist States in the establishment 
and administration of State voluntary response programs that--
            ``(1) provide opportunities for technical assistance for 
        voluntary response actions;
            ``(2) provide adequate opportunities for public 
        participation in selecting response actions, including prior 
        notice and opportunity for comment in appropriate 
        circumstances;
            ``(3) provide streamlined procedures to ensure expeditious 
        voluntary response actions;
            ``(4) provide adequate oversight and enforcement 
        authorities to ensure that voluntary response actions are 
        protective of human health and the environment, are conducted 
        accordance with an appropriate response action plan and ensure 
        completion of response actions if the person conducting the 
        response action fails or refuses to complete the necessary 
        response activities, including operation and maintenance or 
        long-term monitoring activities;
            ``(5) provide mechanisms for the approval of a response 
        action plan; and
            ``(6) provide for a certification or similar documentation 
        from the State to the person conducting the response action 
        indicating that the response is complete.
    ``(d) EPA Review of State Programs.--At any time after the 
enactment of this Act, a State may submit, for review by the 
Administrator, documents the State deems appropriate to describe a 
State voluntary response program, together with a certification that 
the program is consistent with the elements set forth in subsection 
(c).
    ``(e) Qualification of State Program.--
            ``(1) Approval or disapproval.--A State voluntary response 
        program submitted under subsection (d) shall be a qualified 
        program under this Act beginning on the date 120 days after the 
        submittal of the certification under subsection (d) unless the 
        Administrator determines before that date that the State's 
        submittal is not consistent with the elements set forth in 
        subsection (c). The Administrator shall seek public comment on 
        the submittal of a State voluntary response program under this 
        section and shall publish in the Federal Register the reasons 
        for the approval or disapproval of any such program.
            ``(2) Withdrawal of approval.--Whenever the Administrator 
        determines after public hearing that a State is not 
        administering and enforcing a qualified program in accordance 
        with subsection (c), the Administrator shall notify the State 
        in writing of such determination. If appropriate corrective 
        action is not taken by the State within 120 days after receipt 
        of the notice, the Administrator shall withdraw approval of the 
        program and publish a notice of such withdrawal in the Federal 
        Register, after which the State program shall cease to be a 
        qualified program under this section. If the State subsequently 
        undertakes corrective measures, the Administrator shall 
        reinstate the program as a qualified program under this 
        section. The Administrator shall not withdraw approval of any 
        such program unless the Administrator provides to the State in 
        writing and publishes in the Federal Register the reasons for 
        such withdrawal.
    ``(f) NPL Listing.--No portion of a facility subject to a response 
action plan approved under a qualified program under this section shall 
be proposed for listing on the National Priorities List so long as 
substantial and continual response activities are being undertaken 
pursuant to such plan to complete the response action in a timely 
manner as set forth in the response action plan. Nothing in this 
section shall be construed to limit the Administrator's ability to list 
on the National Priorities List facilities that have been proposed for 
listing, or to compel response action under section 106 of the Act.
    ``(g) Conduct of Response.--The Administrator shall, after 
consultation with the State, and notice and opportunity for public 
comment, promulgate regulations describing circumstances in which any 
State having a qualified program, and also authorized to issue permits 
under Federal environmental statutes, may waive such permit 
requirements with respect to activities conducted pursuant to an 
approved voluntary response plan if (1) such State has the authority 
under its own statutes or regulations to grant such waivers, (2) the 
State waiver authority is used in no less stringent a manner than 
allowed under Federal permit waiver authority, and (3) the response 
action plan requires compliance with the relevant substantive 
requirements of the statute concerned.
    ``(h) Effect of Response.--Performance of a voluntary response 
action pursuant to this section shall not constitute an admission of 
liability under any Federal, State, or local law or regulation or in 
any citizens suit or other private action.
    ``(i) Compliance With NCP.--Response actions conducted pursuant to 
a qualified program shall be presumed to be consistent with the 
National Contingency Plan for the purposes of private cost recovery 
claims under this Act.
    ``(j) Annual Reporting.--
            ``(1) Report by state.--States with qualified programs 
        under this section shall report to the Administrator at the end 
        of each calendar year on the status of their programs. Each 
        such report shall include a statement regarding whether the 
        program continues to be consistent with the elements set forth 
        in subsection (c).
            ``(2) Report by administrator.--The Administrator shall 
        report, not later than one year after the enactment of this 
        section, and annually thereafter, to the Congress on the status 
        of State voluntary response program. The report shall include 
        an analysis of whether qualified State voluntary response 
        action programs continue to be consistent with the elements set 
        forth in subsection (c).
    ``(k) Statutory Construction.--(1) This section is not intended to 
impose any requirement on a State voluntary response program existing 
on or after the date of the enactment of the Superfund Reform Act of 
1994.
    ``(2) This section is not intended to affect the liability of any 
person or to affect other response authorities afforded under any law 
or regulation relating to environmental contamination, including this 
Act, the Solid Waste Disposal Act, the Clean Water Act, the Toxic 
Substances Control Act, and title XIV of the Public Health Service Act 
(the Safe Drinking Water Act), except that the successful completion of 
a response action at a facility pursuant to a qualified program under 
this section shall be considered for purposes of section 107(a)(6)(C) 
as evidence that a person acquiring ownership of the facility is a bona 
fide prospective purchaser of the facility within the meaning of 
section 101(39).
    ``(3) Nothing in this section shall be construed to require any 
person to participate in a qualified voluntary response program under 
this section or in any other voluntary response program in order to 
qualify as a bona fide purchaser for purposes of section 
107(a)(6)(C).''.

                   TITLE IV--LIABILITY AND ALLOCATION

Sec. 401. Information gathering and access.
Sec. 402. Compliance with administrative orders.
Sec. 403. Limitations to liability for response costs.
Sec. 404. Liability.
Sec. 405. Civil proceedings.
Sec. 406. Limitations on contribution actions.
Sec. 407. Scope of rulemaking authority.
Sec. 408. Enhancement of settlement authorities.
Sec. 409. Professional services.
Sec. 410. Final covenants.
Sec. 411. Expedited final settlements.
Sec. 412. Allocation procedures.
Sec. 413. Recycling transactions.

SEC. 401. INFORMATION GATHERING AND ACCESS.

    (a) Additional Information.--Section 104(e)(2) (42 U.S.C. 
9604(e)(2)) is amended--
            (1) by striking ``cleanup'' in subparagraph (C) and 
        inserting ``response action''; and
            (2) by inserting after subparagraph (C) the following:
                    ``(D) The identity of any persons engaged in, 
                responsible for, controlling, or having the ability to 
                control activities or operations at a vessel or 
                facility giving rise to liability under this Act.
                    ``(E) Information relating to the potential 
                liability or responsibility of any person to perform or 
                pay for a response action.
                    ``(F) Information that is otherwise relevant to 
                enforce the provisions of this Act.
                    ``(G) For a person conducting a response action, an 
                accounting of direct and indirect costs the person has 
                incurred in conducting such response action.''.
    (b) Certifications.--Section 104(e) (42 U.S.C. 9604(e)) is 
amended--
            (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
        as paragraphs (4), (5), (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Certification.--The President may require respondents 
        to requests made pursuant to this subsection to certify that--
                    ``(A) the responses are true, accurate, and 
                complete to the best of the respondent's knowledge;
                    ``(B) the responses are based on a diligent, good 
                faith search of records in the possession or control of 
                the person to whom the request was directed;
                    ``(C) the responses are based on a reasonable 
                inquiry of the current and former officers, directors, 
                employees, and agents of the person to whom the request 
                was directed;
                    ``(D) the responses accurately and completely 
                reflect information obtained in the course of 
                conducting such search and inquiry;
                    ``(E) the respondent understands that there is a 
                continuing obligation to supplement the response if any 
                additional, new, or different information relevant to 
                the matters addressed in the request or the response 
                thereto becomes known or available to the respondent; 
                and
                    ``(F) the respondent understands that there are 
                significant penalties for submitting false information, 
                including the possibility of fine and imprisonment.''.
    (c) Administrative Subpoenas.--Section 104(e) (42 U.S.C. 9604(e)) 
is further amended by inserting after paragraph (8) (as redesignated by 
subsection (b)) the following new paragraph:
            ``(9) Administrative subpoenas.--When it would assist in 
        the collection of information necessary or appropriate for the 
        purposes of implementing this Act, the Administrator may by 
        subpoena require the attendance and testimony of witnesses and 
        the production of reports, papers, documents, answers to 
        questions, and other information listed in paragraph (2) that 
        the Administrator considers necessary. Witnesses shall be paid 
        the same fees and mileage that are paid witnesses in the courts 
        of the United States. In the event of contumacy or failure or 
        refusal of any person to obey any such subpoena, any district 
        court of the United States in which venue is proper shall have 
        jurisdiction to order any such person to comply with such 
        subpoena. Any failure to obey such an order of the court is 
        punishable by the court as a contempt thereof.''.
    (d) Confidentiality of Information.--Subparagraph (A) of section 
104(e)(8) (as redesignated by subsection (b)), is amended to read as 
follows:
            ``(A) Any records, reports, documents, or information 
        obtained from any person under this section (including records, 
        reports, documents, or information obtained by representatives 
        of the President 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, 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 that such record, report, 
                document, or information may be disclosed to other 
                officers, employees, or authorized representatives of 
                the United States carrying out this Act, or when 
                relevant in any proceeding under this Act, or, 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, 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)(5), subsection (b)(6), or 
                subsection (b)(7) of such section, be available to the 
                public, nor shall the disclosure of any such 
                information pursuant to this section authorize 
                disclosure to other parties or be deemed to waive any 
                confidentiality privilege available to the President 
                under any Federal or State law.''.
    (e) Confidentiality Requirements for Contractors.--Paragraph (8) of 
section 104(e) (as redesignated by subsection (b)) is amended by adding 
at the end the following new subparagraph:
            ``(G)(i) No person described in clause (ii) may disclose 
        such record, report, document, or other information without the 
        permission of the President.
            ``(ii) A person referred to in clause (i) is any person--
                    ``(I) who is not an employee of the United States 
                Government; and
                    ``(II) who, by virtue of the person's duties under 
                a contract or cooperative agreement with the United 
                States under this section to perform work for the 
                United States Government or implement the requirements 
                of this Act, has received information obtained under 
                this section (or any record, report, or document 
                containing such information) which, if requested from 
                the United States Government pursuant to section 552 of 
                title 5, United States Code, would be exempt from 
                disclosure by reason of subsection (b) of such 
                section.''.
    (f) Availability of Information to Congress.--Subsection 104(e) is 
further amended by adding after paragraph (9) the following new 
paragraph:
            ``(10) Availability of information to congress.--Nothing in 
        this subsection shall be construed to authorize any person, 
        including the allocator, 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.''.

SEC. 402. COMPLIANCE WITH ADMINISTRATIVE ORDERS.

    (a) Additional Authority To Issue Orders.--Section 106(a) (42 
U.S.C. 9606(a)) is amended by adding at the end the following: ``The 
President may amend such orders and issue additional orders relating to 
the facility, as appropriate, without a subsequent finding of an 
imminent and substantial endangerment, to complete all response actions 
necessary to respond to an actual or threatened release or to require 
additional response actions that are necessary or appropriate to 
respond to the actual or threatened release that was the subject of the 
original order.''.
    (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, a `sufficient cause' 
requires--
            ``(i) an objectively reasonable belief by the person to 
        whom the order is issued that 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, as 
        determined by a Federal court that has jurisdiction over such 
        order.
    ``(C) The existence or results of an allocation process pursuant to 
section 130 shall not affect or constitute a basis for a determination 
of `sufficient cause' under this paragraph or under section 
107(c)(3).''.
    (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''.

SEC. 403. LIMITATIONS TO LIABILITY FOR RESPONSE COSTS.

    (a) Limitations on Liability.--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 (3), by striking ``person,'' and inserting 
        ``person or''.
            (3) In paragraph (4)(A), by inserting ``, including the 
        costs of overseeing response actions conducted by potentially 
        responsible parties,'' before ``incurred by the United 
        States''.
            (4) 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''.
            (5) 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--''.
            (6) 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).
            (7) By adding the following new paragraphs after paragraph 
        (5):
            ``(6) Notwithstanding paragraphs (1) through (4) of this 
        subsection, a person who does not impede the performance of 
        response actions or natural resource restoration shall not be 
        liable:
                    ``(A)(i) To the extent liability is based solely on 
                paragraph (3) or (4) of this subsection, and the person 
                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 
                the person is--
                            ``(I) the owner, operator, or lessee of 
                        residential property;
                            ``(II) a small business; or
                            ``(III) a small non-profit organization.
                    ``(ii) This subparagraph shall have no effect on 
                the liability of any other person.
                    ``(B) To the extent liability is based solely on 
                paragraph (3) or (4) of this subsection, 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, 55 
                gallons or less of liquid materials containing 
                hazardous substances or pollutants or contaminants or 
                less than 100 pounds of solid materials containing 
                hazardous substances or pollutants or contaminants, or 
                such greater or lesser amount as the Administrator may 
                determine by regulation, except in a case in which--
                            ``(i) the Administrator has determined that 
                        such material contributed or could contribute 
                        significantly to the costs of response at the 
                        facility, or
                            ``(ii) the person has failed to respond 
                        fully and completely to information requests or 
                        administrative subpoenas by the United States.
                    ``(C) To the extent liability is based solely on 
                paragraph (1) of this subsection for a release or 
                threat of release from a facility, and the person is a 
                bona fide prospective purchaser of the facility.
                    ``(D) To the extent liability is based solely on 
                the person's status as owner under paragraph (1) for a 
                release or threat of release from a facility, and the 
                person acquired the facility by inheritance or bequest 
                if the person--
                            ``(i) acquired the real property on which 
                        the facility concerned is located after 
                        disposal or placement of the hazardous 
                        substance took place;
                            ``(ii) did not cause or contribute to the 
                        release or threat of release; and
                            ``(iii) 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.
                    ``(E) To the extent the liability of a Federal or 
                State governmental entity or municipality is based 
                solely on its--
                            ``(i) 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
                            ``(ii) granting of a license or permit to 
                        conduct business.
                    ``(F) To the extent the liability of a department, 
                agency, or instrumentality of the United States is 
                based on actions of such department, agency, or 
                instrumentality taken in response to a natural disaster 
                pursuant to the Act of August 18, 1941 (33 U.S.C. 701n) 
                or The Robert T. Stafford Disaster Relief and Emergency 
                Act (42 U.S.C. 5121 and following).
            ``(7) Notwithstanding paragraphs (1) through (4), a person 
        shall not be liable for more than 10 percent of total response 
        costs at a facility, in aggregate, to the extent the person's 
        liability is based solely on paragraph (3) or (4) of this 
        subsection, 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. Such limitation 
        on liability shall apply only if either the acts or omissions 
        giving rise to liability occurred before the date occurring 36 
        months after enactment of this paragraph, or the person 
        asserting the limitation institutes or participates in a 
        qualified household hazardous waste collection program within 
        the meaning of section 101(43).''.
    (b) Prospective Purchaser and Windfall Lien.--Section 107 is 
amended by inserting after subsection (m) the following new subsection:
    ``(n) 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 subsection (a)(6)(C), 
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.
            ``(C) A sale or other disposition of all or a portion of 
        the facility has occurred.''.
    ``(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 audit or inquiry required 
under section 101(39)(B) by an environmental professional certified 
under section 612 of the Superfund Reform Act of 1994 gives the bona 
fide prospective purchaser no knowledge or reason to know of the 
release of hazardous substances.

SEC. 404. LIABILITY.

    (a) Liability.--Section 107(a) (42 U.S.C. 9607(a)) (as amended by 
section 403) is further amended by adding the following new paragraph 
at the end thereof:
            ``(8) The Administrator shall calculate the Environmental 
        Protection Agency response action oversight costs for which 
        potentially responsible parties are liable under this section 
        (pursuant to paragraph (4)(A)) on a national basis as a 
        percentage of total response costs incurred by potentially 
        responsible parties (in this paragraph referred to as the 
        `national oversight rate'). The calculation shall be based on 
        data comparing oversight expenditures of the Environmental 
        Protection Agency to estimated or actual response costs 
        incurred by potentially responsible parties. The Administrator 
        shall periodically review and update the national oversight 
        rate. In no case shall the rate exceed 10 percent of total 
        response costs incurred by potentially responsible parties. The 
        national oversight rate shall be applied to all settlements 
        under section 130.''.
    (b) Pollutant and Contaminant Liability.--(1) Section 107(a) (42 
U.S.C. 6907A(a)) (as amended by subsection (a)) is further amended by 
adding after paragraph (8) the following new paragraph:
            ``(9) When the President responds under the authority of 
        section 104(a)(1)(B), liability for response costs under this 
        section for pollutants and contaminants shall be identical to 
        that for hazardous substances only if such pollutants and 
        contaminants constitute an imminent and substantial danger to 
        human health.''.
    (2) Such section is further amended by inserting ``or pollutant or 
contaminant'' after ``hazardous substance'' and ``hazardous 
substances'' each place they appear in subsection (b), subsection (c), 
paragraphs (1) and (2) of subsection (d), subsection (i), subsection 
(j), and paragraph (1)(B) of subsection (k).
    (c) 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.''.
    (d) 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''.

SEC. 405. CIVIL PROCEEDINGS.

    (a) Petitions.--Section 113(a) (42 U.S.C. 9613(a)) is amended--
            (1) by striking ``upon application by any interested 
        person'' and inserting ``by any interested person through the 
        filing of a petition for review''; and
            (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.
            ``(3) Claims by the united states or states.--Claims by the 
        United States under section 106 and claims by the United States 
        or a State under section 107(a) shall not be deemed compulsory 
        counterclaims in an action against the United States or a State 
        seeking response costs, contribution, damages, or any other 
        claim by any person under this Act.''.
    (c) Judicial Review.--Section 113(j)(1) (42 U.S.C. 9613(j)(1)) is 
amended by striking ``or ordered by the President'' and inserting ``or 
selected by the President pursuant to this Act, or ordered or sought by 
the President,''.

SEC. 406. LIMITATIONS ON CONTRIBUTION ACTIONS.

    Section 113(f) (42 U.S.C. 9613(f)) is amended as follows:
            (1) Paragraph (1) is amended--
                    (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,''; and
                    (D) by striking the sentence beginning with 
                ``Nothing in this subsection''.
            (2) Paragraph (2) is amended 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 
        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) Such section is amended 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 not liable under this Act;
                    ``(iii) 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
                    ``(iv) the action is brought during the moratorium 
                pursuant to section 130.''.

SEC. 407. SCOPE OF RULEMAKING AUTHORITY.

    (a) In General.--Section 115 (42 U.S.C. 9615) is amended to read as 
follows:

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

    ``The President (or the Administrator where applicable) is 
authorized to promulgate such regulations as the President (or the 
Administrator where applicable) deems necessary to carry out the 
provisions of this Act, and to delegate and assign any duties or powers 
imposed upon or assigned to him by this Act, including the authority to 
promulgate regulations. The preceding sentence includes authority to 
clarify or interpret all terms and to implement any provision of this 
Act.''.
    (b) Lender Liability Rule.--(1) Effective on the date of enactment 
of this section, the final rule issued by the Administrator of the 
Environmental Protection Agency on April 29, 1992 (57 Fed. Reg. 18344), 
shall be deemed to have been validly issued pursuant to the authority 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, and to have been effective according to the 
final rule's terms. No additional administrative or judicial 
proceedings shall be necessary with respect to such final rule.
    (2) Notwithstanding section 113(a) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, no 
court shall have jurisdiction to review the final rule issued by the 
Administrator of the Environmental Protection Agency on April 29, 1992 
(57 Fed. Reg. 18344).
    (3) Nothing in this subsection shall be construed to limit the 
authority of the President or his delegate to amend the final rule 
issued by the Administrator of the Environmental Protection Agency on 
April 29, 1992 (57 Fed. Reg. 18344), in accordance with applicable 
provisions of law.

SEC. 408. ENHANCEMENT OF SETTLEMENT AUTHORITIES.

    Section 122 (42 U.S.C. 9622) is amended as follows:
            (1) Subsection (b) is amended by striking paragraph (3) and 
        redesignating paragraph (4) as paragraph (3).
            (2) Section 122(d)(1) is amended by adding at the end the 
        following new subparagraph:
                    ``(D) Compliance.--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. Where the parties agree, the consent 
                decree may provide for administrative enforcement. Each 
                consent decree shall also contain stipulated penalties 
                for violations of the decree in an amount not to exceed 
                $25,000 per day, which may be enforced by either the 
                President or the State. Such stipulated penalties shall 
                not be construed to impair or affect the authority of 
                the court to order compliance with the specific terms 
                of any such decree.''.
            (3) Subsection (e) is amended--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively.
            (4) The section is amended--
                    (A) by transferring paragraph (6) to the end of the 
                section and redesignating such paragraph as subsection 
                (o);
                    (B) in such subsection (o) (as so transferred and 
                redesignated), by striking ``remedial action'' and 
                inserting ``response action'', and by inserting ``or 
                the State under applicable law'' before the period at 
                the end; and
                    (C) by adding after such subsection (o) (as so 
                transferred and redesignated) the following new 
                subsections:
    ``(p) Retention of Funds.--(1) If, as part of any settlement 
agreement under this Act, the potentially responsible parties 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 or 
parties will be paying amounts to the United States, 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. 409. PROFESSIONAL SERVICES.

    Section 122 is amended by adding after subsection (r), as added by 
section 408, 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, whether or not the neutral 
professional actually participates in such negotiations.''.

SEC. 410. FINAL CONVENANTS.

    Section 122(f) is amended as follows:
            (1) Paragraph (1) is amended 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 remedial action does not provide that any 
                hazardous substances will remain at the facility at 
                concentrations above the protective concentration 
                levels established pursuant to section 121(d) after the 
                final remedial action is completed.
                    ``(C) 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.
                    ``(D) The settling party waives all contribution 
                rights against other potentially responsible parties at 
                the facility.
                    ``(E) 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 the United States 
                litigation risk as provided in section 130 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.
                    ``(F) The settlement is otherwise acceptable to the 
                United States.''.
            (2) Paragraph (3) is amended to read as follows:
            ``(3) Discretionary covenants.--For settlements under this 
        title 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 title, 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--
                            (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,''; and
                            (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. 411. 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.--Whenever 
        practicable and in the public interest as determined by the 
        President, 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 
                substance 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 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 a limited ability 
                to pay response costs.
                    ``(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 
                        and the provision of in-kind services.
                    ``(iii) For purposes of this subparagraph, in the 
                case of a municipal owner or operator, the President 
                shall consider, to the extent that information is 
                provided by the municipality, the following factors:
                            ``(I) the municipality's general obligation 
                        bond rating and information about the most 
                        recent bond issue for which the rating was 
                        prepared;
                            ``(II) the amount of total available funds 
                        (other than dedicated funds);
                            ``(III) the amount of total operating 
                        revenues (other than obligated or encumbered 
                        revenues);
                            ``(IV) the amount of total expenses;
                            ``(V) the amounts of total debt and debt 
                        service;
                            ``(VI) per capita income;
                            ``(VII) real property values;
                            ``(VIII) unemployment information; and
                            ``(IX) population information.
                    ``(iv) A municipality may also 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.
                    ``(v) A municipality 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.
                    ``(vi) 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 130(d)(2) 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. Such determination, and the settlement, 
        are committed to the President's discretion. If the President 
        determines not to apply these provisions for expedited 
        settlements at a facility, 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 title, 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--
                    (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 fines, civil penalties, or 
                        punitive damages exceeds $300,000, such claim 
                        may be compromised and settled only with the 
                        prior written approval of the Attorney 
                        General.''; and
                            (iii) in the second sentence, by striking 
                        ``$500,000 (excluding interest), any claim 
                        referred to in the preceding sentence'' and 
                        inserting ``$2,000,000 (excluding interest), 
                        any claim for response costs referred to in 
                        this subsection''; and
                    (C) by striking paragraph (4).

SEC. 412. ALLOCATION PROCEDURES.

    Insert after section 129 the following new section:

``SEC. 130. ALLOCATION AT MULTIPARTY FACILITIES.

    ``(a) Scope.--
            ``(1) Post-introduction rods.--For each non-federally owned 
        facility listed on the National Priorities List involving 2 or 
        more potentially responsible parties for which the President 
        selects a remedial action on or after February 3, 1994, the 
        Administrator shall initiate the allocation process under this 
        section. This paragraph shall not apply to response actions 
        selected prior to such date.
            ``(2) Pre-introduction rods.--For each non-federally owned 
        facility listed on the National Priorities List involving 2 or 
        more potentially responsible parties, for any remedial action 
        selected by the President before February 3, 1994, the 
        Administrator shall initiate the allocation process under this 
        section, if requested to do so by a potentially responsible 
        party which has resolved its liability to the United States 
        with respect to the remedial action or which is performing the 
        remedial action pursuant to an order issued under section 
        106(a).
            ``(3) Other facilities.--The Administrator, as the 
        Administrator deems appropriate, may initiate the allocation 
        process under this section for any facility other than a 
        facility referred to in paragraph (1) or (2) involving 2 or 
        more potentially responsible parties.
            ``(4) Excluded facilities.--The allocation process under 
        this section shall not apply to any of the following:
                    ``(A) A facility for which there has been a final 
                settlement, decree, or order that determines all 
                liability or allocated shares of all potentially 
                responsible parties.
                    ``(B) A facility at which all of the potentially 
                responsible parties are liable or potentially liable as 
                facility owners or operators pursuant to section 
                107(a)(1) or (2).
            ``(5) Multiple remedial actions.--An allocation under this 
        section, shall apply to all remedial actions selected by the 
        President on or after February 3, 1994, for a facility (but not 
        to those remedial actions described in paragraph (2)), unless 
        the allocator determines that the allocation should address 
        only one or more of such remedial actions.
            ``(6) Multiple facilities.--Where appropriate, the 
        Administrator may initiate a single allocation process under 
        this section for more than 1 facility.
            ``(7) Effect of allocation.--An allocation performed 
        pursuant to paragraph (2) or (3) of this section shall not be 
        construed to require--
                    ``(A) payment of an orphan share pursuant to this 
                section; or
                    ``(B) the conferral of reimbursement rights 
                pursuant to this section.
            ``(8) Settlement offers after commencement of litigation.--
        The provisions of this section shall not apply to any offer of 
        settlement made after expiration of the moratorium period under 
        subsection (b).
    ``(b) Moratorium on Commencement or Continuation of Suits.--
            ``(1) Moratorium.--No person may assert any claim for 
        response costs pursuant to section 107 of this Act or commence 
        any civil action seeking recovery of any response costs in 
        connection with a response action for which an allocation is 
        required under subsection (a)(1) or (2), or for which the 
        Administrator has initiated an allocation under subsection 
        (a)(3), until 90 days after issuance of the allocator's report 
        under subsection (h) or (m), whichever is later.
            ``(2) Stay of existing actions.--If a claim for response 
        costs pursuant to section 107 of this Act or an action seeking 
        recovery of response costs in connection with a response action 
        for which an allocation is to be performed under this section 
        is pending--
                    ``(A) upon the date of enactment of the Superfund 
                Reform Act of 1994, or
                    ``(B) upon initiation of an allocation,
        the action or claim shall be stayed until 90 days after the 
        issuance of the allocator's report under subsection (h) or (m), 
        unless the court determines that a stay will result in manifest 
        injustice.
            ``(3) Statute of limitations.--Any applicable limitations 
        period with respect to a cause of action subject to paragraph 
        (1) shall be tolled from the earlier of the following until 180 
        days after the issuance of the allocator's report under 
        subsection (h) or (m) has been issued by the allocator:
                    ``(A) The date of listing of the facility on the 
                National Priorities List.
                    ``(B) The commencement of the allocation process 
                pursuant to this section.
    ``(c) Commencement of Allocation.--
            ``(1) Responsible party search.--At all facilities subject 
        to this section, the Administrator shall, as soon as 
        practicable, but not later than 60 days after the commencement 
        of the remedial investigation, initiate a thorough 
        investigation and search for all potentially responsible 
        parties, using his authorities under section 104. Any person 
        may submit information to the Administrator concerning any 
        potentially responsible party at the facility, and the 
        Administrator shall consider such information in carrying out 
        the responsible party search.
            ``(2) Notification of de minimis parties.--As soon as 
        practicable after receipt of sufficient information, but not 
        more than 12 months after the commencement of the remedial 
        investigation, the Administrator shall take each of the 
        following actions:
                    ``(A) The Administrator shall notify any 
                potentially responsible party who the Administrator 
                determines is eligible for an expedited final 
                settlement in accordance with section 122(g)(1)(A) of 
                its eligibility, based on information available to the 
                Administrator at the time the determination is made. 
                Any such information that is not confidential shall, to 
                the extent practicable, be made available by the 
                Administrator to the party at the time of the 
                settlement offer.
                    ``(B) The Administrator shall submit a written 
                settlement offer to each party notified under 
                subparagraph (A) no later than 60 days after such 
                notification.
            ``(3) Preliminary notice to other parties.--As soon as 
        practicable after receipt of sufficient information, but not 
        later than 18 months after commencement of the remedial 
        investigation, the Administrator shall--
                    ``(A) notify any party not previously notified 
                under paragraph (2) who the Administrator determines is 
                eligible for an expedited final settlement in 
                accordance with section 122(g)(1)(A) of its 
                eligibility, based on information available to the 
                Administrator at the time the determination is made and 
                submit a written settlement offer to each party 
                notified pursuant to this subparagraph no later than 60 
                days after such notification;
                    ``(B) issue a list of all potentially responsible 
                parties preliminarily identified by the Administrator 
                to all such parties;
                    ``(C) notify the public, in accordance with section 
                117(d), of the list of potentially responsible parties 
                identified pursuant to subparagraphs (A) and (B) by the 
                Administrator; and
                    ``(D) make available all responses to the 
                Administrator's information requests, as well as other 
                relevant information concerning the facility and 
                potentially responsible parties, to the notified 
                parties, to the extent it is available to the 
                Administrator.
        The Administrator shall not make available any privileged or 
        confidential information, except as otherwise authorized by 
        law. The Administrator shall take the actions specified in this 
        paragraph within 9 months after the date of enactment of this 
        section for all facilities eligible for allocation under 
        subsection (a)(1) or (a)(2) for which the responsible party 
        search required by a paragraph (1) was substantially complete 
        prior to the date of the enactment of this section.
            ``(4) Status of parties.--At the time of proposing the list 
        of potentially responsible parties under paragraph (3), the 
        Administrator shall--
                    ``(A) identify parties that are eligible for 
                expedited settlement pursuant to section 122(g);
                    ``(B) identify parties who are not eligible for 
                such expedited settlement; or
                    ``(C) determine that there is insufficient 
                information to ascertain whether or not the party is 
                entitled to such expedited settlement.
            ``(5) Nomination of parties.--(A) For 60 days after 
        information has been made available pursuant to paragraph (3), 
        the parties identified by the Administrator and members of the 
        affected community shall have the opportunity to identify and 
        nominate additional potentially responsible parties or 
        otherwise provide information relevant to the facility or such 
        potentially responsible parties. This period may be extended by 
        the Administrator for an additional 30 days upon request of any 
        person.
            ``(B) Any proposal for the addition of any potentially 
        responsible party shall be supported by full disclosure to the 
        Administrator of all available information concerning that 
        party's liability and contribution of hazardous substances to 
        the site.
            ``(6) List of allocation parties.--(A) Within 60 days after 
        the end of the period specified in paragraph (5)(A) for the 
        proposal of additional parties, the Administrator shall--
                    ``(i) issue a list of parties subject to the 
                allocation process (hereinafter referred to in this 
                section as the `allocation parties');
                    ``(ii) identify in writing, as to each of the 
                proposed additional parties, which parties the 
                Administrator has determined, in the Administrator's 
                sole discretion:
                            ``(I) to be eligible for expedited 
                        settlement pursuant to section 122(g),
                            ``(II) not to be eligible for such 
                        expedited settlement, and
                            ``(III) for whom insufficient information 
                        exists to determine whether or not the party is 
                        eligible for such expedited settlement; and
                    ``(iii) identify (in writing supported by brief 
                explanation) those parties as to which the 
                Administrator has determined, in the Administrator's 
                sole discretion, that there is an inadequate basis in 
                law or fact to determine that the party is potentially 
                liable.
        For each party identified under clause (iii), the Administrator 
        shall further identify whether that party, if liable, would be 
        eligible for an expedited settlement.
            ``(B) At the time of issuance of the list of parties 
        provided for in subparagraph (A), the Administrator shall 
        provide the potentially responsible parties who received notice 
        under this paragraph with a list of neutral parties who are not 
        employees of the United States and who the Administrator 
        determines, in the Administrator's sole discretion, are 
        qualified to perform an allocation at the facility.
            ``(C) De minimis parties the Administrator identifies as 
        potentially liable but entitled to expedited settlement 
        pursuant to this section, shall not be subject to, or assigned 
        a share in, the allocation (except to the extent required to 
        determine the orphan share pursuant to subsection (h)), unless 
        that party fails to reach an agreement with the President on 
        settlement terms within 30 days after the offer.
            ``(D) If the Administrator determines that there is an 
        inadequate basis in law or fact to conclude that a party is 
        liable based on the information presented by the nominating 
        party or otherwise available to the Administrator, the 
        determination shall have the following effect:
                    ``(i) With respect to a party that the 
                Administrator has determined to be--
                            ``(I) exempt from liability pursuant to 
                        section 107(a)(6)(A) or (B); or
                            ``(II) not liable on some other basis but 
                        who, if liable, would be eligible for an 
                        expedited settlement,
                the Administrator's determination shall mean that the 
                party shall not be subject to, and shall not be 
                assigned a share in, the allocation.
                    ``(ii) With respect to all other parties, the 
                Administrator's determination shall be accorded 
                deference by the allocator. For such parties the 
                allocator shall consider the Administrator's 
                determination together with the allocation factors 
                listed in subsection (h)(2).
            ``(E) The Administrator's determinations for purposes of 
        this subsection shall not be subject to judicial review, nor 
        shall any determination or explanation provided for purposes of 
        the allocation be admissible for any purpose in an action 
        commenced by the United States against the party that is the 
        subject of the determination or any other party.
            ``(F) The allocator may assign a zero share to any party 
        the allocator deems should receive such a share in 
        consideration of the allocation factors including the 
        Administrator's determinations under subparagraph (C).
            ``(G) If a party is included in the allocation pursuant to 
        the nomination of a potentially responsible party pursuant to 
        subsection (c)(5), but assigned a zero share by the allocator, 
        that party's costs of participating in the allocation 
        (including reasonable attorneys' fees) shall be borne by the 
        party who proposed the addition of the party to the allocation.
    ``(d) De Minimis Settlement Offer.--(1) Within 30 days after the 
final list of parties is issued pursuant to paragraph (6) of subsection 
(c), the Administrator shall submit a written settlement offer to any 
party identified as a potentially responsible party pursuant to this 
section who the Administrator has determined to be eligible for an 
expedited final settlement in accordance with section 122(g)(1)(A), and 
who has not entered into a settlement with the United States regarding 
the matters being addressed by the allocation.
    ``(2) The President shall not include any premia pursuant to 
section 122(g) in a settlement offer made pursuant to paragraph (1) 
more than 60 days after the date the offer is required to be made 
pursuant to paragraph (1) to a party that is a small business, as 
defined in section 101(47).
    ``(e) Selection of Allocator.--
            ``(1) Proposal of additional candidates.--Any party 
        identified by the Administrator under subsection (c) may 
        propose any person whom such party deems qualified for 
        selection as an allocator in addition to those proposed from 
        the list provided under subsection (c)(6)(B).
            ``(2) Selection of allocator by allocation parties.--(A) 
        The allocation parties shall select an allocator from the list 
        of allocators proposed by the Administrator or under paragraph 
        (1) by the following voting method with each allocation party 
        having a single vote:
                    ``(i) Each allocation party, with the Administrator 
                voting for the identified but insolvent or defunct 
                parties, shall numerically rank the individuals on the 
                final list of proposed allocators, with a ranking of 1 
                indicating first preference, and forward its vote to 
                the Administrator within 30 days of the issuance of the 
                final list of allocators pursuant to subsection 
                (c)(6)(B).
                    ``(ii) The proposed allocator who receives the 
                lowest combined numerical score, taking into account 
                all votes submitted to the Administrator pursuant to 
                clause (i), and who agrees to serve as allocator, shall 
                be determined to be the allocator.
            ``(B) The Administrator may cast the votes of identified 
        but insolvent or defunct parties.
            ``(3) Peremptory strike.--The Administrator may reject any 
        allocator selected by the allocation parties if the proposed 
        allocator is not on the list provided under paragraph (6)(B) of 
        subsection (c). In the case of any such rejection, the 
        allocation parties shall select the allocator in order of 
        numerical ranking in accordance with this subsection.
            ``(4) Selection of allocator by epa.--If the allocation 
        parties do not select an allocator pursuant to this subsection 
        within 30 days after receipt of the list provided under 
        paragraph (2), the Administrator shall select the allocator, 
        except that if the Administrator rejects 4 or more allocators 
        selected by the allocation parties, the Administrator shall 
        initiate a new allocator selection process under this section.
    ``(f) Contract.--Following selection of the allocator, the 
Administrator shall enter into a contract with the selected allocator 
for the provision of allocation services, and immediately make 
available all responses to information requests, as well as other 
relevant information concerning the facility and potentially 
responsible parties, to the allocator. The Administrator has the 
authority to use the procedures set forth in section 109(e) to obtain 
the services of a neutral professional for use in conducting allocation 
procedures under this section, whether or not the neutral professional 
actually conducts such allocation procedures.
    ``(g) Potentially Responsible Party Settlement.--At any time prior 
to the issuance of an allocation report as described in subsection (h), 
any group of potentially responsible parties may submit to the 
allocator a private allocation for the remedial action. If such private 
allocation meets all of 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 recoverable costs of 
        the remedial action or operable unit.
            ``(2) The private allocation does not allocate any share of 
        response costs to any person who is not a signatory to the 
        proposed private allocation or, in the case of any orphan 
        share, unless the United States is a signatory to the proposed 
        private allocation.
            ``(3) The signatories to the proposed private allocation 
        waive their contribution rights with respect to the remedial 
        action against all other potentially responsible parties at the 
        facility.
    ``(h) Allocation Determination.--
            ``(1) Settlement and allocation report.--Following issuance 
        of the final list of allocation parties pursuant to subsection 
        (c)(6)(A)(i), the allocator shall initiate and conduct an 
        allocation process that shall culminate in the issuance of a 
        written report, with a nonbinding, equitable allocation of the 
        percentage shares of responsibility of all allocation parties, 
        including the orphan share, for the facility, and provide such 
        report to the allocation parties and the Administrator. The 
        allocator shall provide the report to the allocation parties 
        and the Administrator within 180 days of the issuance of the 
        list of allocation parties pursuant to subsection (c)(6) or the 
        date of the contract for allocation service pursuant to 
        subsection (f), whichever is later. Upon request, for good 
        cause shown, the Administrator may grant the allocator 
        additional time to complete the allocation, not to exceed 90 
        days.
            ``(2) Factors in the allocation.--The allocator shall 
        prepare a nonbinding, equitable allocation of percentage shares 
        for the facility based on the following factors:
                    ``(A) The amount of hazardous substances 
                contributed by each allocation party.
                    ``(B) The degree of toxicity of hazardous 
                substances contributed by each allocation party.
                    ``(C) The mobility of hazardous substances 
                contributed by each allocation party.
                    ``(D) The degree of involvement of each allocation 
                party in the generation, transportation, treatment, 
                storage, or disposal of the hazardous substance.
                    ``(E) The degree of care exercised by each 
                allocation party with respect to the hazardous 
                substance, taking into account the characteristics of 
                the hazardous substance.
                    ``(F) The cooperation of each allocation party in 
                contributing to the response action and in providing 
                complete and timely information during the allocation 
                process.
                    ``(G) Such other factors that the Administrator 
                determines are appropriate by published guidance. Any 
                such guidance shall be consistent with this Act and 
                shall be published only after notice and opportunity 
                for public comment. An alleged failure of the allocator 
                to consider 1 or more additional factors set forth in 
                such guidance shall not be deemed unlawful conduct or 
                procedural error for purposes of subsection (l)(2) or 
                (3).
            ``(3) 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 paragraph (2). Each party to 
        the allocation shall be afforded an opportunity to be heard 
        (either orally or in writing, at the allocator's discretion), 
        and an opportunity to comment on a draft allocation report. The 
        allocator shall not be required to respond to comments.
            ``(4) Identification of orphan shares.--
                    ``(A) Components of orphan share.--The allocator 
                may determine that a percentage share for the facility 
                is specifically attributable to an orphan share. The 
                orphan share shall consist only of the following:
                            ``(i) Shares attributable to hazardous 
                        substances that the allocator determines, on 
                        the basis of information presented, to be 
                        specifically attributable to identified but 
                        insolvent or defunct allocation parties who are 
                        not affiliated with any viable allocation 
                        party.
                            ``(ii) The difference between the aggregate 
                        shares that the allocator determines, on the 
                        basis of the information presented, is 
                        specifically attributable to allocation parties 
                        that are contributors of municipal solid waste 
                        subject to the limitations in section 
                        107(a)(6), and the share actually assumed by 
                        those parties in any settlements with the 
                        United States pursuant to section 122(g), 
                        including the fair market value of in-kind 
                        services provided by a municipality.
                            ``(iii) The difference between the 
                        aggregate share that the allocator determines, 
                        on the basis of information presented, to be 
                        specifically attributable to allocation parties 
                        with a limited ability to pay response costs 
                        and the share actually assumed by those parties 
                        in any settlements with the United States 
                        pursuant to section 122(g).
                    ``(B) Unattributable shares.--Shares attributable 
                to hazardous substances that the allocator cannot 
                attribute to any identified party shall be distributed 
                among the allocation parties, including the orphan 
                share.
    ``(i) Answers and Certifications to Allocator's Information 
Requests.--
            ``(1) Subpoenas and information requests.--Where necessary 
        to assist in determining the allocation of shares, the 
        allocator may request information or documents from any 
        allocation party in accordance with paragraphs (2) or (5) of 
        section 104(e), and require by subpoena the attendance of 
        persons or the production of documents, or other information in 
        accordance with section 104(e)(7). Any allocation party to whom 
        a request is directed shall include in the response a 
        certification by a responsible representative or authorized 
        representative that satisfies the requirement of section 
        104(e)(3). The allocator may also request the Administrator to 
        utilize the authorities of paragraph (2) and to exercise any 
        information-gathering authority of the Administrator under this 
        Act.
            ``(2) Powers of the allocator.--In addition to the 
        information-gathering authority set forth in paragraph (1), the 
        allocator shall have the authority to schedule meetings and 
        require the attendance of allocation parties at such meetings; 
        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 fair, efficient, and impartial allocation process.
    ``(j) Civil and Criminal Penalties.--
            ``(1) Civil penalties.--Where the allocator issues an 
        administrative subpoena or information request pursuant to 
        subsection (i), a party who unreasonably fails to comply with 
        the subpoena or request shall be subject to a civil penalty not 
        to exceed $25,000 for each day of noncompliance.
            ``(2) Enforcement.--The allocator may seek enforcement of 
        an administrative subpoena or information request pursuant to 
        subsection (i)(1), and shall seek such enforcement by 
        requesting that the Attorney General commence an action to 
        enforce the subpoena or request. The Attorney General, within 
        30 days after receiving such request from the allocator, 
        shall--
                    ``(A) notify the allocator that the Attorney 
                General will commence an action to enforce the subpoena 
                or information request;
                    ``(B) notify the allocator that the Attorney 
                General will not seek enforcement of the subpoena or 
                request because the subpoena or request is barred by 
                law or would result in annoyance, embarrassment, 
                oppression, or undue burden or expense to the party to 
                whom it was issued; or
                    ``(C) notify the allocator that the Attorney 
                General has insufficient information on which to 
                determine whether an enforcement action is appropriate.
            ``(3) Failure of attorney general to respond.--If the 
        Attorney General fails to provide any response to the allocator 
        within 30 days of a request for enforcement of a subpoena or 
        information request, the allocator may retain counsel to 
        commence a civil action to enforce the subpoena or information 
        request.
            ``(4) Penalty.--If the Attorney General or allocator 
        prevails in an action to enforce an allocator's subpoena or 
        information request, the party who failed to comply shall be 
        subject to a sanction that may include civil penalties as 
        provided in paragraph (1). The court shall require such party 
        to pay the reasonable expenses, including attorney's fees, 
        caused by the failure to comply, unless the court finds that 
        the failure was substantially justified or that other 
        circumstances make an award of expenses unjust.
            ``(5) Criminal.--Any person who knowingly makes any false 
        material statement or representation in the response to an 
        allocator's information request or subpoena issued pursuant to 
        subsection (i) 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.
    ``(k) Document Repository; Confidentiality.--
            ``(1) Document repository.--The allocator shall establish 
        and maintain a document repository containing copies of all 
        documents and information--
                    ``(A) provided by the Administrator pursuant to 
                this section,
                    ``(B) provided or generated by the allocation 
                parties, or
                    ``(C) generated by the allocator during the 
                allocation.
        The documents and information in the document repository shall 
        be available only to the parties to the allocation process for 
        review and copying at their own expense, subject to the 
        confidentiality provisions of paragraph (2). The Administrator 
        shall provide to the allocator all information obtained under 
        section 104(e), including information entitled to protection 
        under section 1905 of title 18, United States Code, or exempt 
        from disclosure pursuant to section 552(a) of title 5, United 
        States Code. An allocation party shall not assert any privilege 
        as a basis for withholding any information from the allocator.
            ``(2) Confidentiality.--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 
        information generated or obtained during the allocation, as 
        confidential and are prohibited from using any such material in 
        any other matter or proceeding, and shall not be subject to 
        disclosure under section 552 of title 5, United States Code. 
        Such material shall not be discoverable or admissible in any 
        other Federal, State, or local judicial or administrative 
        proceedings, except--
                    ``(A) a new allocation pursuant to subsection (m) 
                or (n) for the same remedial action, or
                    ``(B) an initial allocation for a different 
                remedial action at the same facility.
        Nothing in this section shall be construed to authorize any 
        person, including the allocator, 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. Any person disclosing such documents or 
        information to Congress shall notify the person who produced 
        such documents or information of the fact of such disclosure 
        pursuant to paragraph (5).
            ``(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 which provided it, otherwise 
        discoverable or admissible, then such original document, if 
        subsequently sought from such party, shall remain so. If a fact 
        generated or obtained during the allocation was, in the hands 
        of a witness, otherwise discoverable or admissible, then such 
        fact, if subsequently sought from such other party, shall 
        remain so.
            ``(4) No waiver of privilege.--The submission of, 
        documents, or information pursuant to the allocation process 
        shall not be deemed to be a waiver of any privilege, applicable 
        to such documents or information under any Federal or State law 
        or rule of discovery or evidence.
            ``(5) Procedure when discovery is sought.--Any person, 
        including the United States and any Federal, State, or local 
        agency, department or instrumentality, receiving any request 
        for a statement, document, or material submitted, or for the 
        record of any allocation proceeding, shall promptly notify the 
        person who originally submitted such item and, except in the 
        case of a request from the Congress or a duly authorized 
        committee thereof, shall provide such submitting person the 
        opportunity to assert and defend the confidentiality of such 
        item. No person shall release or provide a copy of the item to 
        any person not a party to such allocation, other than the 
        Congress or a duly authorized committee thereof, except as may 
        be required by court order.
            ``(6) Civil penalty for violation of confidentiality.--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 shall be subject to 
        civil penalties of up to $25,000 per violation. Such penalties 
        may be sought in a civil action initiated by the Attorney 
        General on behalf of the United States, or any allocation party 
        adversely affected by the failure to maintain confidentiality.
    ``(l) Rejection of Allocator's Report.--The Administrator and the 
Attorney General of the United States may reject the allocator's report 
if they jointly determine that--
            ``(1) no rational 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;
            ``(2) the allocation was affected by bias, fraud, or 
        unlawful conduct; or
            ``(3) the allocation was substantially and directly 
        affected by procedural error.
The allocator's report may not be rejected after the United States has 
accepted a settlement offer (excluding de minimis or other expedited 
settlements under section 122(g)) based on the allocation. The 
Administrator and the Attorney General shall make any such 
determination within 180 days after the receipt of the first offer 
based on the allocator's report. The determinations of the 
Administrator and the Attorney General under this subsection shall not 
be judicially reviewable. No such determination may be delegated to any 
officer or employee of the Environmental Protection Agency or the 
Department of Justice 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.
    ``(m) Second Allocation.--If the United States rejects an 
allocator's report, the parties shall select a new allocator pursuant 
to subsection (e) to perform, on an expedited basis, a new allocation 
based on the same record available to the first allocator. The 
moratorium on commencement of litigation and tolling of statutes of 
limitation set forth in subsection (b) shall be extended until 90 days 
after the issuance of the second allocation report. If the United 
States rejects the second allocation the President may, following the 
expiration of the moratorium on commencement of litigation, commence an 
action under section 107.
    ``(n) New Information.--Any settling party, including the United 
States, may seek a new allocation pursuant to subsection (h), where 
that party presents clear and convincing information or the United 
States otherwise determines on the basis of clear and convincing 
information that--
            ``(1) the allocator did not have information concerning 35 
        percent or more of the materials containing hazardous 
        substances at the facility, and that this information has been 
        discovered subsequent to the issuance of the allocator's 
        report; or
            ``(2) the allocator did not have information concerning a 
        person not subject to the allocation who contributed 15 percent 
        or more of materials containing hazardous substances at the 
        facility, and that this information has been discovered 
        subsequent to the issuance of the allocator's report.
Determinations by the United States pursuant to this subsection shall 
not be subject to judicial review.
    ``(o) Settlement Following Allocation.--
            ``(1) Acceptance of offers.--If, within 90 days after 
        issuance of the allocator's report for an allocation conducted 
        under subsection (a)(1), an allocation party--
                    ``(A) makes a written offer to settle with respect 
                to the response action based on the percentage share 
                specified by the allocator and on the additional terms 
                and conditions of settlement (other than the allocated 
                percentage share) that are acceptable to the President, 
                and
                    ``(B) is not in default on any information requests 
                under this Act,
        then the President shall not seek a higher percentage share 
        other than the premia authorized by this section, unless the 
        President has rejected the offer on a basis other than the 
        percentage share, or unless the Administrator and the Attorney 
        General have rejected the allocation report pursuant to 
        subsection (l).
            ``(2) Explanation of refusal to settle.--If the 
        Administrator and the Attorney General determine not to settle 
        on the basis of the allocation, they shall provide the 
        allocation parties and members of the affected community with a 
        written explanation of the Administrator's determination.
            ``(3) Settlement provisions.--Settlements based on 
        allocated shares shall include each of the following:
                    ``(A) A waiver of contribution rights against all 
                parties who are potentially responsible parties for the 
                response action, as well as a waiver of any rights to 
                challenge any settlement the President enters into with 
                any other potentially responsible party.
                    ``(B) Covenants not to sue, consistent with section 
                122(f), and provisions regarding performance or 
                adequate assurance of performance of response actions 
                addressed in the settlement.
                    ``(C) A premium determined on a site specific basis 
                and subject to the limitations set forth in paragraph 
                (4), that compensates for the United States litigation 
                risk with respect to potentially responsible parties 
                who have not resolved their liability to the United 
                States, except that no such premium shall apply if all 
                parties settle or the settlement covers 100 percent of 
                response costs.
                    ``(D) Contribution protection, consistent with 
                section 113(f), regarding matters addressed in the 
                settlement. Such settlement does not discharge any of 
                the other potentially responsible parties unless its 
                terms so provide, but it reduces the potential 
                liability of the others by the amount of the 
                settlement.
                    ``(E) Provisions through which the settling parties 
                shall receive reimbursement from the Fund for any 
                response costs incurred by such parties in excess of 
                the aggregate of their allocated share and any premia 
                required by the settlement. Such right to reimbursement 
                shall not be contingent on the United States recovery 
                of response costs from any responsible person not a 
                party to any settlement with the United States.
            ``(4) The premium authorized by paragraph (3)(C) for 
        litigation risk shall not exceed the following:
                    ``(A) Five percent of the total costs assumed by a 
                settling party, where settlements (and any orphan share 
                identified by the allocator) account for 80 percent or 
                more of responsibility at the facility.
                    ``(B) Ten percent of the total costs assumed by a 
                settling party, where settlements (and any orphan share 
                identified by the allocator) account for more than 60 
                percent and less than 80 percent of responsibility at 
                the facility.
                    ``(C) Fifteen percent of the total costs assumed by 
                a settling party, where settlements (and any orphan 
                share identified by the allocator) account for more 
                than 40 percent and less than 60 percent of 
                responsibility at the facility.
                    ``(D) Twenty percent of the total costs assumed by 
                a settling party, where settlements (and any orphan 
                share identified by the allocator) account for 40 
                percent or less of responsibility at the facility.
        The Administrator shall have authority to promulgate 
        regulations to modify the premia percentages established in 
        this subsection. The Administrator may not propose a rule 
        before the date 36 months after the enactment of this section, 
        and no such rule may take effect before the date 48 months 
        after the enactment of this section. Such rule must be based 
        upon an administrative record establishing that such 
        modification is necessary to reflect actual experience 
        regarding the litigation risk faced by the United States in 
        proceeding against nonsettling parties under this section.
            ``(5) Authorization of reimbursement.--In any settlement in 
        which a party agrees to perform response work in excess of its 
        share, the Administrator shall have authority to carry out his 
        duty to reimburse settling parties under this section pursuant 
        to such reasonable procedures as the Administrator may 
        prescribe.
            ``(6) Reimbursement claims.--The Administrator shall 
        require all claims for reimbursement to be supported by--
                    ``(A) documentation of actual costs incurred; and
                    ``(B) sufficient information to enable the 
                Administrator to determine whether such costs were 
                reasonable.
The Administrator may require independent auditing of any claim for 
reimbursement.
    ``(p) Post-Allocation Litigation.--
            ``(1) In general.--The United States may commence an action 
        under section 107 against any person liable under that section 
        who has not resolved its liability to the United States 
        following allocation, on or after 90 days following issuance of 
        the allocator's report. In any such action, such person shall 
        be liable in accordance with section 107 for all response costs 
        not recovered through settlements with other persons. Such 
        recoverable costs shall include any federally funded orphan 
        share identified in accordance with subsection (h), but shall 
        not include any shares allocated to Federal, State, or local 
        governmental agencies, departments, or instrumentalities. 
        Defendants in any such action may implead only allocation 
        parties who did not resolve their liability to the United 
        States. The Administrator and the Attorney General shall issue 
        guidelines to ensure that the relief sought against de minimis 
        parties under principles of joint and several liability will 
        not be grossly disproportionate to their contribution to the 
        facility. The application of such guidelines is committed to 
        the discretion of the Administrator and the Attorney General.
            ``(2) Certification.--In commencing any action under 
        section 107 following allocation, the Attorney General must 
        certify, in the complaint, that the United States has been 
        unable to reach a settlement that would be in the best 
        interests of the United States. This certification shall not be 
        subject to judicial review.
            ``(3) Defendants.--No person may commence an action under 
        section 107 or otherwise seek contribution against any person 
        who was not identified as an allocation party pursuant to 
        subsection (c) or subsequently identified as a potentially 
        liable party under subsection (n) (relating to new 
        information).
            ``(4) Admissibility of allocator's report.--The allocator's 
        report shall not be admissible in any court for any purpose, 
        except as set forth in this section. The allocator's report, 
        subject to the rules and discretion of the court, may be 
        admissible solely for the purpose of assisting the court in 
        making an equitable allocation of response costs among the 
        relative shares of nonsettling liable parties.
            ``(5) Costs of allocation procedure on orphan share.--
                    ``(A) Included as costs of response.--The costs of 
                implementing the allocation procedure set forth in this 
                section, including reasonable fees and expenses of the 
                allocator, shall be considered necessary costs of 
                response for purposes of this Act.
                    ``(B) Orphan share.--The costs attributable to any 
                funding of orphan shares identified by the allocator 
                pursuant to subsection (e)(4) also shall be considered 
                necessary costs of response for purposes of this Act, 
                and shall be recoverable from liable parties who do not 
                resolve their liability on the basis of the allocation.
            ``(6) Rejection of share determination.--In any action by 
        the United States under this title, if the United States has 
        rejected an offer of settlement that is consistent with 
        subsection (o) and that was presented to the United States 
        prior to the expiration of the moratorium period set forth in 
        subsection (b), the offeror shall be entitled to recover from 
        the United States the offeror's reasonable costs of defending 
        the action after the making of the offer (including reasonable 
        attorneys' fees) if the ultimate resolution of liability or 
        allocation of costs with respect to the offeror (taking into 
        account all settlements and reimbursements with respect to the 
        facility other than those attributable to insurance or 
        indemnification), is as, or more, favorable to the offeror than 
        the offer based on the allocation.
    ``(q) Reimbursement for UAO Performance.--
            ``(1) Reimbursement.--Parties who satisfactorily perform 
        work under an administrative order issued under section 106(a) 
        with respect to a remedial action for which an allocation is 
        required by subsection (a)(1), shall be entitled to 
        reimbursement for the reasonable and necessary costs of work 
        they perform in excess of the share assigned to them in the 
        allocation in accordance with the provisions of this section, 
        provided that the allocation report is not rejected by the 
        United States and, that, at the end of the moratorium following 
        the allocation, the performing party, in consideration of such 
        reimbursement--
                    ``(A) agrees not to contest liability for all 
                response costs not inconsistent with the National 
                Contingency Plan to the extent of the allocated share;
                    ``(B) receives no covenant not to sue;
                    ``(C) agrees that its reimbursement shall be 
                reduced by an amount equal to the maximum litigation 
                risk premium provided for in subsection (o)(4) based on 
                the total allocated shares of the allocation parties 
                who have not reached settlements with the United States 
                by the end of the moratorium on commencement of actions 
                provided in subsection (b);
                    ``(D) waives contribution rights against all 
                parties who are potentially responsible parties for the 
                response action, as well as waives any rights to 
                challenge any settlement the President enters into with 
                any other potentially responsible party.
            ``(2) Offset.--Any and all reimbursement provided to a 
        performing party for work in excess of its share is subject to 
        equitable offset or reduction by the Administrator upon a 
        finding of a failure to perform any aspect of the remedy in a 
        proper and timely manner.
            ``(3) Time of payment.--Any and all reimbursement to a 
        performing party for work in excess of its share shall be paid 
        after work is completed, but no sooner than completion of the 
        construction of the remedial action.
            ``(4) Limit on orphan share funding.--The amount of orphan 
        share funding available to the performing party shall be 
        further limited as follows:
                    ``(A) Performing parties who fully waive their 
                right to challenge remedy selection at the end of the 
                moratorium following allocation shall be entitled to 
                full reimbursement of costs in excess of the party's 
                share and attributable by the allocator to the orphan 
                share paid in nominal dollars after the work is 
                completed, but no sooner than completion of the 
                construction of the remedial action.
                    ``(B) Performing parties who retain their right to 
                challenge the remedy shall be reimbursed for 90 percent 
                of orphan share funding, paid in nominal dollars after 
                the work is completed, but no sooner than completion of 
                the construction of the remedial action, unless the 
                orphan share is less than 20 percent of responsibility 
                at the site, in which case such parties shall be 
                reimbursed only 80 percent of the orphan share.
        For purposes of this subsection `nominal dollars' means actual 
        dollars spent by the performing party, without increase for 
        interest or inflation.
            ``(5) Nonorphan share reimbursement.--Reimbursement for 
        work in excess of the performing party's allocated share but 
        that is not attributable to the orphan share shall be paid in 
        nominal dollars after work is completed, but no sooner than 
        completion of the construction of the remedial action, provided 
        that the performing party is entitled to all interest 
        (prejudgment and post judgment, whether recovered from a party 
        or earned in a site account) that has accrued on money 
        recovered by the United States from other parties for such work 
        at the time construction of the remedy is completed.
            ``(6) Reimbursement claims.--The Administrator shall 
        require that all claims for reimbursement be supported by--
                    ``(A) documentation of actual costs incurred; and
                    ``(B) sufficient information to enable the 
                Administrator to determine whether such costs were 
                reasonable.
        The Administrator may require independent auditing of any claim 
        for reimbursement.
    ``(r) Funding of Orphan Shares.--From funds available in the Fund 
in any given fiscal year, and without further appropriation action, the 
President shall make reimbursements from the Fund, to eligible parties 
for costs incurred and equitably attributable to orphan shares 
determined pursuant to this section, provided that Fund financing of 
orphan shares shall not exceed $300,000,000 in any fiscal year. 
Reimbursements made under this subsection shall be subject to such 
terms and conditions as the President may prescribe.
    ``(s) Procedures.--The Administrator, after consultation with the 
Attorney General, may promulgate rules (or guidance) of Agency 
organization, procedure, and practices but shall not have additional 
authority, except as specifically set forth in this section, to 
promulgate rules or publish guidance to restrict the allocator's 
discretion in the conduct of the allocation.
    ``(t) Role of Federal Agencies.--Federal departments, agencies, or 
instrumentalities that are identified as potentially responsible 
parties shall be subject to, and be entitled to the benefits of, the 
allocation process provided by this section to the same extent as any 
other party.
    ``(u) Representation of the United States and Affected States.--The 
Administrator and the Attorney General, and a representative of any 
State that may be responsible for a portion of the orphan share, shall 
be entitled to review all documents and participate in any phase of the 
allocation proceeding.
    ``(v) Annual Report.--The President shall report annually to 
Congress on the administration of the allocation scheme under this 
section, and provide information comparing allocation results with 
actual settlements at multiparty facilities.
    ``(w) Savings Provisions.--(1) Nothing in this section shall in any 
way limit or affect the President's authority to exercise the powers 
conferred by section 103, 104, 105, 106, or 122 of this title, 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.
    ``(2) The procedures established in this section shall not be 
construed to modify or affect in any way the principles of retroactive, 
strict, joint and several liability under this title.
    ``(3) Nothing in this section shall limit or affect--
            ``(A) the Administrator's obligation to perform an 
        allocation for facilities that have been the subject of partial 
        or expedited settlements;
            ``(B) the ability of a potentially responsible party at a 
        facility to resolve its liability to the United States or other 
        parties 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 that 
        is issued, signed, lodged, or entered with respect to liability 
        under this Act or that authorizes modification of any such 
        order, judgment or decree; or
            ``(D) the validity, enforceability, finality or merits of 
        any preexisting contract or agreement relating to any 
        allocation of responsibility or any sharing of response costs 
        under this Act.''.

SEC. 413. RECYCLING TRANSACTIONS.

    (a) Purposes.--The purposes of this section are--
            (1) to promote the reuse and recycling of scrap material in 
        furtherance of the goals of waste minimization and natural 
        resource conservation while protecting human health and the 
        environment;
            (2) to level the playing field between the use of virgin 
        materials and recycled materials; and
            (3) to remove the disincentives and impediments to 
        recycling because of potential liability.
    (b) Clarification of Liability Under CERCLA for Recycling 
Transactions.--Title I is amended by adding after section 128 the 
following new section:

``SEC. 129. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--As provided in subsections (b), 
(c), (d) and (e), a person who arranged for 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;
                    ``(B) the person was in compliance with any 
                applicable regulations or standards regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of scrap metal that the 
                Administrator promulgates under the Solid Waste 
                Disposal Act subsequent to the enactment of this 
                section and with regard to transactions occurring after 
                the effective date of such regulations or standards; 
                and
                    ``(C) the person did not melt the scrap metal prior 
                to the transaction.
            ``(2) For purposes of paragraph (1)(C), melting of scrap 
        metal does not include the thermal separation of 2 or more 
        materials due to differences in their melting points (referred 
        to as `sweating').
            ``(3) For the purposes of this subsection, the term `scrap 
        metal' means bits and pieces of metal parts (e.g. bars, 
        turnings, rods, sheets, wire) or metal pieces that may be 
        combined together with bolts or soldering (e.g. radiators, 
        scrap automobiles, railroad box cars), which when worn or 
        superfluous can be recycled, except for scrap metals that the 
        Administrator excludes from this definition by regulation.
    ``(e) Transactions Involving Batteries.--Transactions involving 
spent lead-acid batteries, spent nickel-cadmium batteries or other 
spent batteries shall be deemed to be arranging for recycling if the 
person who arranged for the transaction (by selling recyclable material 
or otherwise arranging for the recycling of recyclable material) can 
demonstrate by a preponderance of the evidence that at the time of the 
transaction--
            ``(1) the person met the criteria set forth in subsection 
        (c) with respect to the spent lead-acid batteries, spent 
        nickel-cadmium batteries, or other spent batteries but did not 
        recover the valuable components of such batteries; and
            ``(2)(A) with respect to transactions involving lead-acid 
        batteries, the person was in compliance with applicable Federal 
        environmental regulations or standards, and any amendments 
        thereto, regarding the storage, transport, management, or other 
        activities associated with the recycling of spent lead-acid 
        batteries;
            ``(B) 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
            ``(C) 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.
    ``(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 additional regulations concerning this 
section.
    ``(j) Effect on Pending or Concluded Actions.--The exemptions 
provided in this section shall not affect any concluded judicial or 
administrative action or any pending judicial action initiated by the 
United States prior to enactment of this section.
    ``(k) Liability for Attorney's Fees for Certain Actions.--Any 
person who commences an action in contribution against a person who is 
not liable by operation of this section shall be liable to that person 
for all reasonable costs of defending that action, including all 
reasonable attorney's and expert witness fees.
    ``(l) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect--
            ``(1) 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.''.

            TITLE V--REMEDY SELECTION AND CLEANUP STANDARDS

Sec. 501. Cleanup standards.
Sec. 502. Remedy selection.
Sec. 503. Miscellaneous amendments to section 121.
Sec. 504. Response authorities.
Sec. 505. Removal actions. 
Sec. 506. Transition.

SEC. 501. CLEANUP STANDARDS.

    Section 121(d) (42 U.S.C. 9621(d)) is amended as follows:
            (1) In paragraph (3), by inserting ``or 4010(c) if 
        appropriate'' after ``3005''.
            (2) By redesignating paragraphs (3) and (4) as paragraphs 
        (9) and (10), respectively.
            (3) By striking out the subsection heading and designation 
        and all that follows through the end of paragraph (2) and 
        inserting in lieu thereof the following:
    ``(d) Establishment of Protective Concentration Levels.--
            ``(1) National goals for the protection of human health and 
        the environment.--In order to provide consistent and equivalent 
        protection of human health and the environment to all 
        communities, within 18 months after the enactment of the 
        Superfund Reform Act of 1994, the Administrator shall 
        promulgate national goals to be applied at all facilities 
        subject to remedial action under this Act. National goals for 
        human health shall be expressed as a single, numerical level 
        for chemical carcinogens and noncarcinogens, respectively. The 
        national goals shall provide the basis for protective 
        concentration levels unless the achievement of such goals is 
        technically infeasible or unreasonably costly pursuant to 
        subsection (b). In a case in which the President selects a 
        remedy that does not achieve the national goals, the President 
        shall publish an explanation of the basis for that decision. 
        The national goals shall be developed and promulgated in 
        accordance with sections 561 through 570 of title 5, United 
        States Code (commonly referred to as the `Negotiated Rulemaking 
        Act').
            ``(2) Scope and purpose of national risk protocol.--The 
        Administrator shall promulgate a national risk protocol for 
        conducting risk assessments under this Act. The national risk 
        protocol shall be used for risk assessments underlying 
        determinations of the need for remedial action, the 
        establishment of protective concentration levels of chemicals, 
        and the evaluation of remedial alternatives. The national risk 
        protocol shall be developed and promulgated in accordance with 
        sections 561 through 570 of title 5, United States Code, to the 
        extent the Administrator deems appropriate. The national risk 
        protocol shall establish, to the extent appropriate and 
        practicable, the following:
                    ``(A) Standardized exposure scenarios defining 
                exposure pathways for a range of unrestricted and 
                restricted land uses.
                    ``(B) Standardized formulae or methodologies for--
                            ``(i) evaluating the exposure pathways of 
                        concern under the standardized exposure 
                        scenarios established under subparagraph (A); 
                        and
                            ``(ii) developing, consistent with the 
                        national goals under paragraph (1), chemical 
                        concentration levels protective of receptors 
                        currently and reasonably anticipated to be 
                        exposed via the pathways included in such 
                        scenarios for the 100 contaminants most 
                        frequently occurring at facilities addressed 
                        under this Act for which adequate toxicity 
                        information is available.
                    ``(C) Methodologies for facility-specific 
                evaluations of ecological risks.
            ``(3) Standardized formulae or methodologies.--Standardized 
        formulae or methodologies established under subparagraphs (A) 
        and (B) of paragraph (2) shall include the following:
                    ``(A) National constants for specific 
                characteristics of individual chemicals not expected to 
                vary from facility to facility.
                    ``(B) Facility-specific variables for physical 
                characteristics of the facility and other factors. 
                Criteria for identifying such variables shall include 
                the following:
                            ``(i) Whether a characteristic or factor 
                        can be objectively measured based on actual 
                        facility data or reasonably estimated based on 
                        credible scientific studies when facility-
                        measured data cannot be reasonably obtained.
                            ``(ii) Whether the effects of a 
                        characteristic or factor are scientifically 
                        well-understood.
                            ``(iii) Whether the impact of the 
                        characteristic or factor on estimations of risk 
                        or protective concentration levels is 
                        significant.
                    ``(C) Exposure factors related to demographics 
                (including separate exposure factors for sensitive 
                subpopulations to be applied where relevant), activity 
                patterns, and natural constraints. Defaults or ranges 
                of default values shall be established for such factors 
                and used unless verifiable data are presented that the 
                defaults are significantly different from actual 
                facility conditions. In such cases, the values shall be 
                determined on a site-specific basis after consideration 
                of any views expressed by the Community Working Group, 
                if available, and the affected community.
            ``(4) Application of national risk protocol. --(A) The 
        President shall conduct an analysis at each facility to 
        determine which exposure scenarios, pathways, and contaminants 
        are relevant to that facility. Where standardized formulae or 
        methodologies for addressing such relevant scenarios, pathways, 
        and contaminants are available, they shall be used.
            ``(B) Standardized formulae or methodologies for exposure 
        pathways that do not exist or are not reasonably anticipated to 
        exist in the future at a facility shall not be applied in 
        establishing protective concentration levels for the facility.
            ``(C) Where standardized formulae or methodologies for 
        particular exposure scenarios, exposure pathways, or chemicals 
        are unavailable, facility-specific risk assessment shall be 
        used.
            ``(5) Considerations in establishing the national risk 
        protocol.--(A) In developing the national risk protocol under 
        paragraph (2), the Administrator shall evaluate and, to the 
        degree appropriate and practicable--
                    ``(i) identify appropriate sources of toxicity 
                information;
                    ``(ii) define the use of probabilistic modeling;
                    ``(iii) identify criteria for the selection and 
                application of transport and fate models;
                    ``(iv) define the use of high end and central 
                tendency exposure cases and assumptions;
                    ``(v) define the use of population risk estimates 
                in addition to individual risk estimates;
                    ``(vi) define appropriate approaches for addressing 
                cumulative risks posed by multiple contaminants or 
                multiple exposure pathways; and
                    ``(vii) establish appropriate sampling approaches 
                and data quality requirements.
            ``(B) The national risk protocol shall establish guidelines 
        for all risk assessments conducted under paragraph (2), 
        including those by which protective concentration levels are 
        established, which result in final protection at the 90th 
        exposure percentile of the affected population defined by the 
        President.
            ``(6) Phasing and updating of the national risk protocol.--
        The national risk protocol shall be developed in accordance 
        with a schedule promulgated by the Administrator within 90 days 
        after the date of enactment of the Superfund Reform Act of 
        1994. The national risk protocol may be developed and 
        promulgated in phases as determined appropriate by the 
        Administrator. The final protocol shall be promulgated within 
        18 months after the enactment of such Act. The Administrator 
        also shall determine an appropriate approach and schedule for 
        ensuring that the national risk protocol remains current with 
        emerging science and relevant Agency policy.
            ``(7) Federal and state laws.--(A) A remedial action shall 
        be required to--
                    ``(i) comply with the substantive requirements of 
                any promulgated standard, requirement, criterion, or 
                limitation under any Federal, or more stringent State, 
                environmental or facility siting law that is applicable 
                to the conduct or operation of the remedial action;
                    ``(ii) attain any promulgated protective 
                concentration levels applicable to determining the 
                level of cleanup for remedial actions conducted under 
                any State environmental law where such levels are more 
                stringent than those established under subparagraph 
                (C)(i) or the concentration levels determined to be 
                protective for a given facility in accordance with the 
                requirements of paragraph (2); and
                    ``(iii) comply with or attain any other promulgated 
                standard, requirement, criterion, or limitation under 
                any State environmental or facility siting law that the 
                State demonstrates is consistently applied to remedial 
                actions under State law, and that the State determines, 
                through a promulgation process which includes public 
                notice, comment, and written response thereto, and 
                opportunity for judicial review, apply to remedial 
                actions under the Act.
            ``(B) Compliance with any State standard, criterion, 
        requirement, or limitation under subparagraph (A) shall be 
        required at a given facility if it has been identified by the 
        State to the President in a timely manner as applicable at that 
        facility. In addition, each State shall publish a comprehensive 
        list of the promulgated standards, criteria, requirements, or 
        limitations that the State may apply to remedial actions under 
        this Act and revise such list periodically. The State shall 
        also revise such list as requested by the President.
            ``(C)(i) Remedial actions for contaminated ground water and 
        surface water that may be used for drinking water shall attain 
        Federal Maximum Contaminant Levels and non-zero Maximum 
        Contaminant Level Goals where available under the title XIV of 
        the Public Health Service Act (the Safe Drinking Water Act) in 
        the ground water or surface water, except where the provisions 
        of clause (ii) apply. Attainment of such levels shall satisfy 
        the requirements of paragraph (1).
            ``(ii) Concentration levels other than those required under 
        clause (i) may be established for ground water that may be used 
        for drinking water in any case in which the following 
        conditions are met:
                    ``(I) The President determines that the use of 
                alternate concentration levels is appropriate.
                    ``(II) There are known and projected points of 
                entry of such ground water into surface water.
                    ``(III) On the basis of measurements or 
                projections, there is or will be no increase of such 
                constituents that would pose a threat to human health 
                or the environment from such ground water in such 
                surface water.
                    ``(IV) The remedial action includes enforceable 
                measures that will preclude human exposure to the 
                contaminated ground water within the facility and up to 
                all known and projected points of entry of such ground 
                water into surface water.
                    ``(V) Monitoring to ensure attainment of the 
                alternative concentration level is conducted in ground 
                water at a point or points immediately prior to where 
                the ground water enters into surface water. In such 
                cases, the point of human exposure may be assumed to be 
                at such known and projected points of entry.
            ``(D) Procedural requirements of Federal and State 
        standards, requirements, criteria, or limitations, including 
        permitting requirements, shall not apply to response actions 
        conducted on-site. Compliance with subparagraph (A) shall not 
        be required with respect to return, replacement, or disposal of 
        contaminated media or residuals of contaminated media into the 
        same medium in or very near existing areas of contamination on-
        site.
            ``(E)(i) The President may select a remedial action meeting 
        the requirements of paragraph (1) that does not comply with or 
        attain a Federal or State standard, requirement, criterion, or 
        limitation as required by subparagraphs (A) and (C), if the 
        President finds any of the following:
                    ``(I) The remedial action selected is only part of 
                a total remedial action that will comply with or attain 
                the applicable requirements of subparagraphs (A) and 
                (C) of this paragraph when completed.
                    ``(II) Compliance with or attainment of such 
                requirement at that facility will result in greater 
                risk to human health and the environment than 
                alternative options.
                    ``(III) Compliance with or attainment of such 
                requirement is technically impracticable from an 
                engineering perspective.
                    ``(IV) The remedial action selected will attain a 
                standard of performance that is equivalent to that 
                required under a standard, requirement, criterion, or 
                limitation identified under subparagraph (A) through 
                use of another approach.
                    ``(V) With respect to a State standard, 
                requirement, criterion, or limitation under clauses 
                (i), (ii), and (iii) of subparagraph (A), the State has 
                not consistently applied (or demonstrated the intention 
                to consistently apply) the standard, requirement, 
                criterion, or limitation in similar circumstances at 
                other remedial actions within the State.
                    ``(VI) In the case of a remedial action to be 
                undertaken solely under section 104 using the Fund, a 
                selection of a remedial action that complies with or 
                attains standards, criteria, requirements, or 
                limitations will not provide a balance between the need 
                for protection of public health and welfare and the 
                environment at the facility under consideration, and 
                the availability of amounts from the Fund to respond to 
                other facilities that present or may present a threat 
                to public health or welfare or the environment, taking 
                into consideration the relative immediacy of such 
                threat.
            ``(ii) The President shall publish any findings made under 
        clause (i), together with an explanation and appropriate 
        documentation.
    ``(8)(A) Except as provided in subparagraph (B), a State standard, 
requirement, criteria, or limitation (including any State siting 
standard or requirement) which could effectively result in the 
statewide prohibition of land disposal of hazardous substances, 
pollutants, or contaminants shall not apply.
    ``(B) Any State standard, requirement, criteria, or limitation 
referred to in subparagraph (A) shall apply where each of the following 
conditions is met:
            ``(i) The State standard, requirement, criteria, or 
        limitation is of general applicability and was adopted by 
        formal means.
            ``(ii) The State standard, requirement, criteria, or 
        limitation was adopted on the basis of hydrologic, geologic, or 
        other relevant considerations and was not adopted for the 
        purpose of precluding onsite remedial actions or other land 
        disposal for reasons unrelated to protection of human health 
        and the environment.
            ``(iii) The State arranges for, and assures payment of the 
        incremental costs of utilizing, a facility for disposition of 
        the hazardous substances, pollutants, or contaminants 
        concerned.''.

SEC. 502. REMEDY SELECTION.

    Section 121(b) (42 U.S.C. 9621(b)) is amended to read as follows:
    ``(b) General Rules. --
            ``(1) Selection of protective remedies.--Remedies selected 
        at individual facilities shall be protective of human health 
        and the environment and provide long-term reliability at 
        reasonable cost. A remedial action may achieve protection of 
        human health and the environment through treatment that reduces 
        the toxicity, mobility, or volume of hazardous substances, 
        pollutants, or contaminants; containment or other engineering 
        controls to limit exposure; a combination of treatment and 
        containment; or other methods of protection. 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 paragraphs (2) and (3). When 
        determining the appropriate remedial method, treatment is to be 
        preferred for hot spots as defined under paragraph (3)(B). This 
        preference shall not apply to materials that do not constitute 
        hot spots.
            ``(2) Land use.--(A) In selecting a remedy, the President 
        shall take into account the reasonably anticipated future uses 
        of land at a facility as required by this Act. In identifying 
        reasonably anticipated future land uses the President shall 
        consider factors, which generally shall include the following:
                    ``(i) Any consensus recommendation of the Community 
                Working Group and any other views expressed by members 
                of the affected community.
                    ``(ii) The land use history of the facility and 
                surrounding properties, the current land uses of the 
                facility and surrounding properties, recent development 
                patterns in the area where the facility is located, and 
                population projections for that area.
                    ``(iii) 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.
                    ``(iv) The current land use zoning and future land 
                use plans of the local government with land use 
                regulatory authority.
                    ``(v) The potential for economic redevelopment.
                    ``(vi) The proximity of the contamination to 
                residences, sensitive populations or ecosystems, 
                natural resources, or areas of unique historic or 
                cultural significance.
                    ``(vii) Current plans for the facility by the 
                property owner or owners, not including potential 
                voluntary remedial measures.
            ``(B) In developing its recommendation, the Community 
        Working Group shall consider factors (ii) through (vii) of 
        subparagraph (A), and the President shall give substantial 
        weight to that recommendation where consensus is reached, or 
        substantial weight to the views of the affected community where 
        the Community Working Group does not reach consensus in 
        accordance with section 117(g).
            ``(C) All information considered by the President in 
        evaluating reasonably anticipated future land uses under this 
        paragraph shall be included in the administrative record under 
        section 113(k).
            ``(3) Appropriate remedial action.--(A) The President shall 
        identify and select an appropriate remedy that prevents 
        exposures in excess of protective concentration levels 
        established under subsection (d) by balancing the following 
        factors:
                    ``(i) The effectiveness of the remedy.
                    ``(ii) The long-term reliability of the remedy, 
                that is, its capability to achieve long-term protection 
                of human health and the environment considering the 
                preference for treatment of hot spots.
                    ``(iii) Any short-term risk posed by the 
                implementation of the remedy to the affected community, 
                to those engaged in the cleanup effort, and to the 
                environment.
                    ``(iv) The acceptability of the remedy to the 
                affected community.
                    ``(v) The reasonableness of the cost of the remedy.
            ``(B) Hot spots.--The following shall apply to the 
        remediation of hot spots:
                    ``(i) For purposes of this section, the term `hot 
                spot' means a discrete area within a facility that 
                contains hazardous substances, pollutants or 
                contaminants that are present in high concentrations, 
                are highly mobile, or cannot be reliably contained, 
                that would present a significant risk to human health 
                or the environment should exposure occur. The President 
                shall develop guidelines for the identification of hot 
                spots. Such guidelines shall recommend appropriate 
                field investigations that will not require 
                extraordinarily complex or costly measures.
                    ``(ii) In determining an appropriate remedy for hot 
                spots, the President shall consider the factors under 
                subparagraph (A). With respect to the factor in clause 
                (v), the President shall use a higher threshold for 
                evaluating the reasonableness of costs for hot spot 
                treatment relative to the remediation of non-hot spot 
                materials.
                    ``(iii) The President shall select a remedy 
                requiring treatment of materials constituting hot spots 
                unless an appropriate treatment technology is 
                unavailable or is available only at unreasonable cost. 
                In such instances, the President shall select an 
                interim containment remedy for such hot spot subject to 
                adequate monitoring and public reporting to ensure its 
                continued integrity and shall review the interim 
                containment remedy in accordance with subsection (c). 
                When the appropriate treatment technology becomes 
                available, as determined by the President, that remedy 
                shall be considered in accordance with this section.
                    ``(iv) Notwithstanding the presence of a hot spot, 
                the President may select a final containment remedy for 
                hot spots at landfills and mining sites or similar 
                facilities under the following circumstances:
                            ``(I) The hot spot is small relative to the 
                        overall volume of waste or contamination being 
                        addressed, the hot spot is not readily 
                        identifiable and accessible, and without the 
                        presence of the hot spot containment would have 
                        been selected as the appropriate remedy under 
                        subparagraph (A) for the larger body of waste 
                        or area of contamination in which the hot spot 
                        is located.
                            ``(II) the volume and areal extent of the 
                        hot spot is extraordinary compared to other 
                        facilities, and it is highly unlikely due to 
                        the size and other characteristics of the hot 
                        spot that any treatment technology will be 
                        developed that could be implemented at 
                        reasonable cost.
        Where final containment for a hot spot is selected, the 
        President shall publish an explanation of the basis for that 
        decision.
            ``(4) Generic remedies.--In order to streamline the remedy 
        selection process and to facilitate rapid voluntary action, the 
        President shall establish, taking into account the factors 
        enumerated in paragraph (3)(A), cost-effective generic remedies 
        for categories of facilities, and expedited procedures that 
        include community involvement for selecting generic remedies at 
        an individual facility. To be eligible for selection at a 
        facility, a generic remedy shall be protective of human health 
        and the environment at that facility. In appropriate cases, the 
        President may select a generic remedy without considering 
        alternatives to the generic remedy.''.

SEC. 503. MISCELLANEOUS AMENDMENTS TO SECTION 121.

    (a) Review.--Section 121(c) (42 U.S.C. 9621(c)) is amended--
            (1) in the first sentence, by striking out ``initiation'' 
        and inserting in lieu thereof ``completion of all physical on-
        site construction,'';
            (2) in the second sentence, by inserting ``(1)'' after ``it 
        is the judgment of the President that''; and
            (3) in the second sentence, by inserting after ``section 
        104 or 106,'' the following: ``or (2) an interim containment 
        remedy was selected for such site and an appropriate final 
        remedial action is available under subsection (b)(3)(B)(iii) 
        and appropriate to select in accordance with subsection 
        (b)(3)(A) of this section,''.
    (b) Section 121(e)(1) (42 U.S.C. 9621(e)(1)) is amended by adding 
at the end thereof the following: ``Furthermore, no Federal, State, or 
local permit or permit application shall be required for on-site or 
off-site activities conducted under section 311(b).''.

SEC. 504. RESPONSE AUTHORITIES.

    (a) Studies and Investigations.--Section 104(b)(1) (42 U.S.C. 
9604(b)(1)) is amended in the second sentence by striking ``studies'' 
and all that follows through the end of the sentence and inserting in 
lieu thereof the following: ``actions, studies, or investigations as he 
may deem necessary or appropriate to plan and direct response actions 
or to enforce the provisions of this Act and shall be entitled to 
recover the costs thereof.''.
    (b) Disposal Authority.--Section 104(j) (42 U.S.C. 9604(j)) is 
amended--
            (1) in paragraph (1), by striking ``remedial'' in the first 
        sentence and inserting ``response'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraph (3) as paragraph (2) and in 
        that paragraph by striking ``estate'' and inserting 
        ``property''; and
            (4) by inserting after paragraph (2) (as redesignated) the 
        following new paragraph:
            ``(3) Disposal authority.--The President is authorized to 
        dispose of any interest in real property acquired for use by 
        the Administrator 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.''.
    (c) Private Party Removal Limitations.--Section 104(a)(2) (42 
U.S.C. 9604(a)(2)) is amended by adding at the end the following: ``In 
any case in which implementation of a removal action is expected to 
obviate or in fact does obviate the need to conduct a long-term 
remedial action, such removal action must--
                    ``(A) comply with the protective concentration 
                levels and other standards in subsections (b) and (d) 
                of section 121; and
                    ``(B) allow for public participation in accordance 
                with section 117 to the maximum extent practicable.''.

SEC. 505. REMOVAL ACTIONS.

    (a) Obligations From Fund.--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 
        ``$4,000,000''; and
            (3) by striking ``12 months'' and inserting ``two years''.
    (b) Non-Emergency Removals.--Section 120(e) (42 U.S.C. 9620(e)) is 
amended by adding at the end the following new paragraph:
            ``(7) Notification of and concurrence from EPA or State for 
        non-emergency removal actions.--(A) Before the commencement of 
        any non-emergency removal action by a department, agency, or 
        instrumentality of the United States, such department, agency, 
        or instrumentality shall--
                    ``(i) notify the Environmental Protection Agency 
                and the State of the planned removal action; and
                    ``(ii) obtain, in the case of facilities which are 
                listed or proposed for listing on the National 
                Priorities List, concurrence in the planned removal 
                action from the Environmental Protection Agency or the 
                State, as applicable.
            ``(B) The lack of concurrence under clause (ii) shall not 
        delay the commencement of the remedial investigation and 
        feasibility study in accordance with the time requirements of 
        this section. The requirements of this paragraph relating to 
        notification and concurrence shall not affect, alter, or 
        supplant, directly or indirectly, the applicability of any 
        State law to the removal action concerned. Within a reasonable 
        period of time after any emergency removal action is carried 
        out by a department, agency, or instrumentality of the United 
        States, the department, agency, or instrumentality shall notify 
        the Environmental Protection Agency or the State, as 
        appropriate, of the removal action.''.

SEC. 506. TRANSITION.

    (a) Effective Date.--This title, and the amendments made by this 
title, shall become effective 180 days after the date of enactment of 
this Act. Remedies selected under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 following that 
effective date shall be selected as provided in section 121(b) of that 
Act (as amended by this Act) and subject to the Federal and State 
requirements specified in section 121(d)(7) of that Act (as amended by 
this Act).
    (b) Continued Effectiveness of Regulations and Guidance.--Until 
promulgation of the national goals and the national risk protocol under 
section 121(d), the President may continue to rely on current 
regulations and guidance with regard to acceptable risk levels and the 
conduct of risk assessments.
    (c) Prior RODs.--(1) Nothing in this Act shall place upon the 
President an obligation to reopen a record of decision signed prior to 
the effective date of this title.
    (2) If, pursuant to section 117 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, the President 
determines that a change to a record of decision signed prior to the 
effective date of this title is necessary, the President may apply the 
rules in effect at the time the original record of decision was signed.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Interagency agreements at mixed ownership and mixed 
                            responsibility facilities.
Sec. 602. Transfers of uncontaminated property.
Sec. 603. Agreements to transfer by deed.
Sec. 604. Alternative or innovative treatment technologies.
Sec. 605. Definitions.
Sec. 606. Response claims procedures.
Sec. 607. Small business ombudsman.
Sec. 608. Consideration of local government cleanup priorities.
Sec. 609. Consistent application among regional offices.
Sec. 610. Study of participants.
Sec. 611. Public comment.
Sec. 612. Certification of environmental training and certification 
                            organizations.
Sec. 613. Savings clause.
Sec. 614. Federal entities and facilities.

SEC. 601. INTERAGENCY AGREEMENTS AT MIXED OWNERSHIP AND MIXED 
              RESPONSIBILITY FACILITIES.

    Section 120(e) (42 U.S.C. 9620(e)) is amended--
            (1) by inserting at the end of paragraph (4) the following 
        new subparagraph:
                    ``(D) A provision allowing for the participation of 
                other responsible parties (if any) in the response 
                action.''; and
            (2) by inserting after paragraph (7) the following new 
        paragraphs:
            ``(8) Exception to required action.--(A) A department, 
        agency, or instrumentality of the United States that owns or 
        operates a facility over which the department, agency, or 
        instrumentality exercised no regulatory or other control over 
        activities that directly or indirectly resulted in a release or 
        threat of a release of a hazardous substance shall be subject 
        to the requirements of paragraphs (1) through (6), other than 
        subparagraphs (F) and (G) of paragraph (5), unless and to the 
        extent the department, agency, or instrumentality demonstrates 
        to the satisfaction of the Administrator that--
                    ``(i) no department, agency, or instrumentality was 
                the primary or sole source or cause of a release or 
                threat of release of a hazardous substance at the 
                facility;
                    ``(ii) the activities either directly or indirectly 
                resulting in a release or threat of a release of a 
                hazardous substance at the facility were pursuant to a 
                statutory authority and occurred before 1976; and
                    ``(iii) the person or persons primarily or solely 
                responsible for such release or threat of release are 
                financially viable and are capable of performing or 
                financing all or a portion of the response action at 
                the facility.
            ``(B) If the conditions listed in clauses (i) through (iii) 
        of subparagraph (A) are not met, the applicable terms of this 
        subsection apply to the department, agency, or instrumentality 
        of the United States at the facility. Upon determination by the 
        Administrator that a department, agency, or instrumentality 
        qualifies for the exception provided by this paragraph, the 
        head of such department, agency, or instrumentality may 
        exercise enforcement authority under section 106. To the extent 
        a person who has been issued an order under the authority of 
        this paragraph seeks reimbursement under the provisions of 
        section 106, the relevant department, agency, or 
        instrumentality, and not the Fund, shall be the source of any 
        appropriate reimbursement. If the relevant department, agency, 
        or instrumentality has failed to obtain the performance of 
        response actions by responsible parties pursuant to an order or 
        consent decree within 12 months after the facility has been 
        listed on the National Priorities List, the exception provided 
        by this paragraph shall be void and the department, agency, or 
        instrumentality shall, in consultation with the Administrator 
        and appropriate State authorities, commence a remedial 
        investigation and feasibility study for such facility within 
        six months after the expiration of the 12-month period.
            ``(9) An interagency agreement 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 of applicable law, unless such requirements have 
        been specifically--
                    ``(A) addressed; or
                    ``(B) waived;
        without objection from the State prior to or at the time the 
        response action is selected pursuant to section 121.''.

SEC. 602. TRANSFERS OF UNCONTAMINATED PROPERTY.

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

SEC. 603. AGREEMENTS TO TRANSFER BY DEED.

    Section 120(h) (42 U.S.C. 9620(h)) is amended by adding after 
paragraph (5) the following new paragraph:
            ``(6) Agreements to transfer by deed.--Nothing in this 
        subsection shall be construed to prohibit the head of the 
        department, agency, or instrumentality of the United States 
        from entering into an agreement to transfer by deed real 
        property or facilities prior to the entering of such deed.''.

SEC. 604. ALTERNATIVE OR INNOVATIVE TREATMENT TECHNOLOGIES.

    Section 111(a) is amended by adding after paragraph (6) the 
following new paragraph:
            ``(7) Alternative or innovative treatment technologies.--
        Payment of no more than 50 percent of response costs incurred 
        by a potentially liable party in taking actions approved by the 
        Administrator to achieve required levels of response under this 
        Act after employing an alternative or innovative technology 
        that fails to achieve a level of response required under this 
        Act pursuant to an administrative order or consent decree. The 
        Administrator shall issue guidance on the procedures for the 
        appropriate level of funding for response activities using 
        alternative innovative technologies as defined in section 
        311(b)(10) that are necessary to achieve a level of response 
        required under this Act. The Administrator shall review and 
        update such guidance, as appropriate.''.

SEC. 605. 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 (14) is amended by adding at the end the 
        following: ``The term includes methane, but only when a 
        response action undertaken to address a release or threat of 
        release of a hazardous substance (as otherwise defined in this 
        paragraph) at a landfill or similar site also addresses 
        methane.''.
            (3) Paragraph (20) is amended--
                    (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''; and
                    (C) by adding after subparagraph (D) the following 
                new subparagraphs:
            ``(E)(i) The term `owner or operator' includes a trust or 
        estate or a person who holds title to a vessel or facility, or 
        otherwise is affiliated with the vessel or facility solely in a 
        fiduciary capacity. Subject to clauses (ii) and (iii), a 
        fiduciary holding such title or having such affiliation shall 
        be personally subject to the obligations and liabilities of an 
        owner or operator to the same extent as if the vessel or 
        facility were held by the fiduciary free of trust.
            ``(ii) The personal obligations and liabilities of a 
        fidicuary referred to in clause (i) shall be limited to the 
        extent to which the assets of the trust or estate are 
        sufficient to indemnify the fiduciary, unless--
                    ``(I) the obligations and liabilities would have 
                arisen even if the person had not served as fiduciary;
                    ``(II) the fiduciary's own failure to exercise due 
                care with respect to a vessel or facility caused or 
                contributed to the release of hazardous substances 
                following establishment of the trust, estate, or 
                fiduciary relationship;
                    ``(III) the fiduciary had a role in establishing 
                the 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; or
                    ``(IV) the fiduciary has not complied with such 
                other requirements as the Administrator may set forth 
                by regulation.
            ``(iii) A fiduciary shall not be personally liable for 
        undertaking or directing another to undertake a response action 
        under section 107(d)(1).
            ``(F) 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.''.
            (4) 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.''.
            (5) 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''.
            (6) 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'''.
            (7) Paragraph (33) (relating to the term ``pollutant or 
        contaminant'') is amended by striking ``; except that the'' and 
        inserting ``. The''.
            (8) Paragraph (35) (relating to the term ``contractual 
        relationship'') is amended--
                    (A) in subparagraph (A)--
                            (i) by striking out clause (iii); and
                            (ii) in the matter preceding clause (i), by 
                        striking out ``clause (i), (ii), or (iii)'' and 
                        inserting ``clause (i) or (ii)'';
                    (B) by amending subparagraph (B) to read as 
                follows:
            ``(B)(i) To establish that the defendant had no reason to 
        know, as provided in clause (i) of subparagraph (A) of this 
        paragraph, the defendant must have undertaken, at the time of 
        the acquisition, all appropriate inquiry into the previous 
        ownership and uses of the facility and its real property in 
        accordance with generally accepted good commercial and 
        customary standards and practices. For the purposes of the 
        preceding sentence and until the Administrator issues or 
        designates standards and practices as provided in clause (ii) 
        of this subparagraph, the court shall take into account any 
        specialized knowledge or experience on the part of the 
        defendant, the relationship of the purchase price to the value 
        of the property if uncontaminated, commonly known or reasonably 
        ascertainable information about the property, the obviousness 
        of the presence or likely presence of contamination at the 
        property, and the ability to detect such contamination by 
        appropriate investigation.
            ``(ii) The Administrator may, by regulation, promulgate 
        standards and practices or, by regulation, designate standards 
        and practices promulgated or developed by others, that satisfy 
        the requirements of this subparagraph. In issuing or 
        designating such standards and practices, the Administrator 
        shall consider factors for the inquiry, including the 
        following:
                    ``(I) Conduct of the inquiry by an environmental 
                professional.
                    ``(II) Inclusion of interviews with past and 
                present owners, operators, and occupants of the 
                facility and its real property for the purpose of 
                gathering information regarding the potential for 
                contamination at the facility and its real property.
                    ``(III) Inclusion of a review of historical 
                sources, such as chain of title documents, aerial 
                photographs, building department records, and land use 
                records, to determine previous uses and occupancies of 
                the real property since it was first developed.
                    ``(IV) Inclusion of a search for recorded 
                environmental cleanup liens, filed under Federal, 
                State, or local law, against the facility or its real 
                property.
                    ``(V) Inclusion of a review of Federal, State, and 
                local government records, such as waste disposal 
                records; underground storage tank records; and 
                hazardous waste handling, generation, treatment, 
                disposal, and spill records, concerning contamination 
                at or near the facility or its real property.
                    ``(VI) Inclusion of a visual inspection of the 
                facility and its real property and of adjoining 
                properties.
                    ``(VII) Any specialized knowledge or experience on 
                the part of the defendant.
                    ``(VIII) The relationship of the purchase price to 
                the value of the property if uncontaminated.
                    ``(IX) Commonly known or reasonably ascertainable 
                information about the property.
                    ``(X) The obviousness of the presence or likely 
                presence of contamination at the property, and the 
                ability to detect such contamination by appropriate 
                investigation
            ``(iii) In the case of property for residential use 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.''; and
                    (C) By adding the following new subparagraph at the 
                end thereof:
            ``(E) The term `contractual relationship' shall not include 
        the initial filing by a claimant of an unpatented mining claim 
        or the issuance of a patent for any such claim.''.
            (9) The following new paragraphs are added after paragraph 
        (38):
            ``(39) Bona fide prospective purchaser.--The term `bona 
        fide prospective purchaser' means a person who acquires 
        ownership of a facility after the date of enactment of the 
        Superfund Reform Act of 1994, or a tenant of such a person, who 
        can establish each of the following by a preponderance of the 
        evidence:
                    ``(A) All active disposal of hazardous substances 
                at the facility occurred before that person acquired 
                the facility.
                    ``(B) The person made all appropriate inquiry into 
                the previous ownership and uses of the facility and its 
                real property in accordance with generally accepted 
                good commercial and customary standards and practices. 
                The regulations promulgated by the Administrator 
                pursuant to paragraph (35)(B)(ii) 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.
                    ``(C) The person provided all legally required 
                notices with respect to the discovery or release of any 
                hazardous substances at the facility.
                    ``(D) 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.
                    ``(E) 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.
                    ``(F) 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.
            ``(40) Fiduciary.--
                    ``(A) Except as provided in subparagraph (B), the 
                term `fiduciary' means a person who owns or controls 
                property--
                            ``(i) as a fiduciary within the meaning of 
                        section 3(31) of the Employee Retirement Income 
                        Security Act of 1974, or as a trustee, 
                        executor, administrator, custodian, guardian, 
                        conservator, or receiver acting for the 
                        exclusive benefit of another person; and
                            ``(ii) who has not previously owned or 
                        operated the property in a non-fiduciary 
                        capacity.
                    ``(B) The term `fiduciary' does not include any 
                person described in subparagraph (A)--
                            ``(i) who acquires ownership or control of 
                        property to avoid the liability of such person 
                        or any other person under this Act; or
                            ``(ii) who owns or controls property on 
                        behalf of or for the benefit of a holder of a 
                        security interest.
            ``(41) 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 
        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.
            ``(42) 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.
            ``(43) 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.
            ``(44) Sewage sludge.--The term `sewage sludge' means 
        solid, semisolid, or liquid residue removed during the 
        treatment of municipal waste water, domestic sewage, or other 
        waste water at or by publicly owned or federally owned 
        treatment works.
            ``(45) Site characterization.--The term `site 
        characterization' means an investigation that determines the 
        nature and extent of a release or potential release of a 
        hazardous substance, pollutant, or contaminant, and that 
        includes an on site evaluation and sufficient testing, 
        sampling, and other field data gathering activities to analyze 
        whether there has been a release or threat of a release of a 
        hazardous substance, pollutant, or contaminant, and the health 
        and environmental risks posed by such a release or threat of 
        release. The investigation also may include review of existing 
        information (available at the time of the review), an off-site 
        evaluation, or other measures that the Administrator considers 
        appropriate.
            ``(46) Owner, operator, or lessee of residential 
        property.--The term `owner, operator, or lessee of residential 
        property' refers to a person who owns, operates, manages, or 
        leases residential property and who uses or allows the use of 
        the residential property exclusively for residential purposes. 
        The term `residential property' refers to single or multi-
        family residences, including accessory land, buildings, or 
        improvements incidental to such dwellings, which are 
        exclusively for residential use.
            ``(47) 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.).
            ``(48) Small nonprofit organization.--The term `small 
        nonprofit organization' means any organization that, at the 
        time of disposal, did not distribute any part of its income or 
        profit to its members, directors, or officers, employed no more 
        than 100 paid individuals at the involved chapter, office, or 
        department, and was recognized as a non-profit organization 
        under section 501(c) of the Internal Revenue Code of 1986.''.

SEC. 606. RESPONSE CLAIMS PROCEDURES.

    (a) Amendment of Section  111.--Section 111(a)(2) (42 U.S.C. 
9611(a)(2)) is amended by inserting after ``under said plan'' the 
phrase ``, reasonable in amount based on open and free competition or 
fair market value for similar available goods and services,''.
    (b) Amendment of Section 112.--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(a) and, where 
        necessary, withhold claims or a portion thereof which are 
        inconsistent with section 111(a).''.

SEC. 607. SMALL BUSINESS OMBUDSMAN.

    The Administrator of the Environmental Protection Agency shall 
establish a small business assistance section within the small business 
ombudsman office at the Environmental Protection Agency. This section 
shall--
            (1) act as a clearinghouse of information for small 
        businesses on the Comprehensive Environmental Response, 
        Compensation and Liability Act of 1980, including without 
        limitation the allocation process in section 130 of the 
        Comprehensive Environmental Response, Compensation and 
        Liability Act of 1980 and expedited settlements under section 
        122(g)(1); and
            (2) provide general advice and assistance to small 
        businesses as to the allocation and settlement processes, 
        except that such advice and assistance shall not include any 
        legal advice as to liability or any other legal representation. 
        The ombudsman shall not participate in the allocation process.

SEC. 608. 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. Nothing in 
this subparagraph shall affect the responsibility of the Administrator 
to schedule and oversee the conduct of remedial action so as to assure 
protection of human health and the environment.''.

SEC. 609. CONSISTENT APPLICATION AMONG REGIONAL OFFICES.

    Section 115 (42 U.S.C. 9615), as amended by section 407, is further 
amended as follows:
            (1) By inserting the following immediately before ``The 
        President'': ``(a) Presidential Rulemaking and Delegation 
        Authority.--''.
            (2) By inserting at the end thereof the following new 
        subsection:
    ``(b) Consistent Application Among Regional Offices.--Each Regional 
Administrator should implement, execute, and enforce this Act and 
regulations, guidance, and policies established in accordance with this 
Act by (1) the President (or by the Administrator pursuant to a 
delegation from the President), or (2) the Administrator (or by the 
Deputy Administrator or an Assistant Administrator pursuant to a 
delegation from the Administrator).''.

SEC. 610. STUDY OF PARTICIPANTS.

    (a) Study.--The Administrator shall undertake a study of current 
Environmental Protection Agency procedures for suspension and debarment 
of persons and business entities, particularly response action 
contractors and to assess the feasibility and cost of creating a 
nationwide data base to track such persons. The study shall include, 
but shall not be limited, to the following items:
            (1) Whether the certification process pursuant to 40 CFR 32 
        regarding debarment and suspensions is sufficient to uncover 
        those persons who have previously served as a principal of a 
        business entity affiliated or unaffiliated with the certifying 
        entity.
            (2) Whether the 3-year period for certification is a 
        sufficient length of time to uncover past activities.
            (3) Whether the process under Federal regulations for 
        determining false certification is sufficient, particularly for 
        those persons who are attempting to hide past debarment or 
        suspension.
            (4) The effectiveness of the current debarment and 
        suspension procedures.
            (5) The practicability of coordination, through a central 
        data base, with other Federal agencies the tracking and sharing 
        of data on such persons who have been debarred or suspended.
            (6) The effectiveness of debarment and suspension on the 
        future conduct of persons or business entities with regard to 
        compliance with Federal and State environmental laws.
            (7) The extent of sharing data within the Environmental 
        Protection Agency and among its regional offices.
            (8) The cost of creating a central data base.
    (b) Report and Recommendations.--The Administrator shall report the 
findings of this study to Congress within 12 months after the enactment 
of this Act. The Administrator shall also make a recommendation to 
Congress whether statutory language or further regulations are 
necessary to correct any problems or deficiencies that may be 
uncovered.

SEC. 611. PUBLIC COMMENT.

    Nothing in this Act or any amendments made by this Act shall limit 
the obligations of the President or the Administrator to fully consider 
and respond to public comments during any available comment period or 
otherwise abridge the requirements of subchapter II of chapter 5 of 
title 5, United States Code (commonly referred to as the Administrative 
Procedures Act).

SEC. 612. CERTIFICATION OF ENVIRONMENTAL TRAINING AND CERTIFICATION 
              ORGANIZATIONS.

    (a) Regulations.--(1) Not later than 2 years after enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall publish guidelines, in accordance with subsection (b), for a 
model State program for organizations that train and certify 
individuals to perform Phase I Environmental Site Assessments.
    (2) The guidelines published under paragraph (1) may include, but 
not be limited to, minimum standards relating to--
            (A) formal environmental training;
            (B) continuing environmental education;
            (C) environmental certification and testing procedures;
            (D) revocation and disciplinary procedures;
            (E) establishment of a code of ethics;
            (F) consumer education;
            (G) certification renewal procedures; and
            (H) annual reporting of program activities.
    (b) Establishment of the Environmental Certification Board.--(1) 
Not later than 60 days after enactment of this Act, the Administrator 
of the Environmental Protection Agency shall establish a certification 
advisory board to be known as the ``Environmental Certification Board'' 
(hereafter in this section referred to as the ``Board'').
    (2) The Board shall consist of a minimum of 6 members, appointed by 
the Administrator, with a demonstrated knowledge in the environmental 
field. The Board may include representatives from the Environmental 
Protection Agency, environmental interest organizations, the chemical/
manufacturing industry, the environmental consulting service industry, 
the insurance industry, the banking/investment industry, professional 
societies, private sector accreditation organizations, State 
government, and other appropriate representatives with a knowledge in 
the environmental field.
    (3) All members of the Board shall serve on a voluntary basis, 
except those members from the Environmental Protection Agency.
    (4) The Board shall appoint 1 member to serve as Chairman of the 
Board who shall exercise the executive and administrative functions of 
the Board.
    (5) Not later than 6 months after the date of enactment of this 
Act, the Board shall issue recommendations to the Administrator which 
shall include, but not be limited to, the minimum standards to be 
established under subsection (a).
    (c) State Adoption of Regulations.--(1) After the publication of 
the guidelines under subsection (a), any State may adopt regulations 
identical (except as provided in paragraph (2) of this subsection) to 
the guidelines promulgated by the Administrator under subsection 
(a)(1).
    (2) Nothing in this section shall be construed to preempt any State 
from issuing and enforcing, at any time, additional or more stringent 
guidelines and regulations regarding the training and certification of 
Phase I environmental professionals.
    (3) Nothing in this section shall be construed to require a 
profession or occupation licensed by a State authority and whose scope 
of practice, as defined by State law, includes Phase I Environmental 
Site Assessments to obtain certification as a ``certified Phase I 
Environmental Site Professional'' as a condition for performing Phase I 
Environmental Site Assessments.
    (4) Nothing in this section shall be construed to permit a 
certified Phase I Environmental Professional to practice within the 
scope of practice of a licensed profession or occupation, as defined by 
State law, unless that individual also meets the requirements of the 
State licensing statute.
    (d) Determination of Compliance.--(1) If a State adopts the 
guidelines issued by the Administrator, any organization that seeks to 
obtain a determination of compliance with the regulations set forth in 
subsection (c) may submit to any such State, in which the organization 
is located, information documenting such compliance.
    (2) Such State shall make the determination of such organization's 
compliance or noncompliance with such regulations.
    (3) Upon a determination of compliance under paragraph (2), the 
State shall issue notice in writing to such organization, indicating 
that such organization is an ``Approved Phase I Environmental Training 
and Certification Organization'' in accordance with this Act. Such 
approval shall be valid for a term to be set by the State, but no 
longer than 5 years.
    (4) A State may charge a reasonable fee, equal to the cost of 
determining compliance under paragraph (2), to each organization that 
applies for such determination. Any such fees shall be listed as part 
of the regulations promulgated under subsection (c).
    (5) Any organization that has received notice of a determination of 
compliance from a State under paragraph (3), may issue a diploma, 
certification, or other form of degree, to any individual who has 
completed to its satisfaction such organization's curriculum and 
training program signifying that the recipient is a ``Certified Phase I 
Environmental Professional'' qualified to perform Phase I Environmental 
Site Assessments.
    (6) A State may periodically, or upon expiration of a notification 
of a determination of compliance under paragraph (3), review the 
program, curriculum, facilities, and training methods of any such 
organization to determine such organizations continued compliance with 
the regulations promulgated under subsection (c).
    (e) Definitions.--For purposes of this section:
            (1) Phase i environmental site assessment.--The term 
        ``Phase I Environmental Site Assessment'' means the process by 
        which a person or entity seeks to determine whether a 
        particular parcel of real property is subject to recognized 
        environmental conditions. These conditions indicate the 
        presence or likely presence of a hazardous substance or 
        pollutant or contaminant on a property under conditions that 
        indicate the existence of a release or threatened release at 
        the facility into structures on the property or into the 
        ground, ground water or surface water of the property.
            (2) Certified phase i enviornmental professional.--The term 
        ``Certified Phase I Environmental Professional'' means any 
        person receiving certification to perform Phase I Environmental 
        Site Assessments from an approved environmental training and 
        certification organization in accordance with this section.
            (3) Approved phase i environmental training and 
        certification organization.--The term ``Approved Phase I 
        Environmental Training and Certification Organization'' means 
        Phase I Environmental Training and Certification Organization 
        whose curriculum, program, facilities, training, and testing 
        methods comply with the regulations adopted by a State under 
        this section.

SEC. 613. 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. 614. 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, 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 or are imposed for isolated, intermittent, or continuing 
        violations. The United States hereby expressly waives any 
        immunity otherwise applicable to the United States with respect 
        to any such substantive or procedural requirement (including, 
        but not limited to, any injunctive relief, administrative order 
        or civil or administrative penalty or fine referred to in the 
        preceding sentence, or reasonable service charge).
            ``(C) The reasonable service charges referred to in this 
        paragraph include, but are not limited to, fees or charges 
        assessed in connection with the processing and issuance of 
        permits, renewal of permits, amendments to permits, review of 
        plans, studies, and other documents, and inspection and 
        monitoring of facilities, as well as any other 
        nondiscriminatory charges that are assessed in connection with 
        a State, interstate, or local response program.
            ``(D) Neither the United States, nor any agent, employee, 
        or officer thereof, shall be immune or exempt from any process 
        or sanction of any State or Federal court with respect to the 
        enforcement of any injunctive relief.
            ``(E) No agent, employee, or officer of the United States 
        shall be personally liable for any civil penalty under any 
        Federal or State 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 
        9606 and 9607 of this title.
            ``(H)(i) The Administrator may issue an order under section 
        106 of this Act to any department, agency, or instrumentality 
        of the executive, legislative, or judicial branch of the United 
        States. The Administrator shall initiate an administrative 
        enforcement action against such a department, agency, or 
        instrumentality in the same manner and under the same 
        circumstances as action would be initiated against any other 
        person.
            ``(ii) No administrative order issued to such department, 
        agency, or instrumentality shall become final until such 
        department, agency, or instrumentality has had the opportunity 
        to confer with the Administrator.
            ``(iii) Unless a State law in effect on the effective date 
        of the Superfund Reform Act of 1994, or a State Constitution, 
        requires the funds to be used in a different manner, all funds 
        collected by a State from the Federal Government from penalties 
        and fines imposed for violation of any substantive or 
        procedural requirement referred to in subsection (a) of this 
        section shall be used by the State only for projects designed 
        to improve or protect the environment or to defray the costs of 
        environmental protection or enforcement.
            ``(I) Each such department, agency, and instrumentality 
        shall have the right to contribution protection set forth in 
        section 113, when such department, agency, or instrumentality 
        resolves its liability under this Act.''.
            (3) By striking paragraph (4) of subsection (a).
            (4) By inserting ``(other than the indemnification 
        requirements of section 119)'' after ``responsibility'' in 
        subsection (a)(3).

                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.
Sec. 702. Orphan share funding.
Sec. 703. Agency for Toxic Substances and Disease Registry.
Sec. 704. Limitations on research, development, and demonstration 
                            programs.
Sec. 705. Authorization of appropriations from general revenues.
Sec. 706. Additional limitations.
Sec. 707. Uses of the fund.

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    Section 111(a) is amended by striking ``$8,500,000,000 for the 5-
year period beginning on the date of enactment of the Superfund 
Amendments and Reauthorization Act of 1986, and not more than 
$5,100,000,000 for the period commencing October 1, 1991, and ending 
September 30, 1994'' and inserting ``$9,600,000,000 for the period 
commencing October 1, 1994, and ending September 30, 1999''.

SEC. 702. ORPHAN SHARE FUNDING.

    Section 111(a) is amended by adding after paragraph (7) (as added 
by this Act) the following new paragraph:
            ``(8) Orphan share funding.--Payment of orphan shares 
        pursuant to section 130(e) of this Act.''.

SEC. 703. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

    Section 111(m) (relating to ATSDR) is amended to read as follows:
    ``(m) Agency for Toxic Substances and Disease Registry.--There 
shall be directly available to the Agency for Toxic Substances and 
Disease Registry to be used for the purpose of carrying out activities 
described in subsection (c)(4) of this section and section 104(i) of 
this Act not less than $80,000,000 per fiscal year for each of fiscal 
years 1995, 1996, 1997, 1998, and 1999. Any funds so made available 
which are not obligated by the end of the fiscal year in which made 
available shall be returned to the Fund.''.

SEC. 704. LIMITATIONS ON RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
              PROGRAMS.

    Section 111(n) is amended to read as follows:
    ``(n) Limitations on Research, Development, and Demonstration 
Program.--
            ``(1) Section 311(a).--From the amounts available in the 
        Fund, not more than the following amounts may be used for the 
        purposes of section 311(a) of this title (relating to hazardous 
        substance research, demonstration, and training activities):
                    ``(A) For fiscal year 1995 $40,000,000.
                    ``(B) For fiscal year 1996 $50,000,000.
                    ``(C) For fiscal year 1997 $55,000,000.
                    ``(D) For fiscal year 1998 $55,000,000.
                    ``(E) For fiscal year 1999 $55,000,000.
        No more than 10 percent of such amounts shall be used for 
        training under section 311(a) of this title for any fiscal 
        year.
            ``(2) Section 311(d).--For each of the fiscal years 1995, 
        1996, 1997, 1998, and 1999, not more than $5,000,000 of the 
        amounts available in the Fund may be used for the purposes of 
        section 311(d) of this title (relating to university hazardous 
        substance research centers).''.

SEC. 705. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

    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 1995, $250,000,000.
                    ``(B) For fiscal year 1996, $250,000,000.
                    ``(C) For fiscal year 1997, $250,000,000.
                    ``(D) For fiscal year 1998, $250,000,000.
                    ``(E) For fiscal year 1999, $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.''.

SEC. 706. ADDITIONAL LIMITATIONS.

    Section 111 is amended by adding after subsection (p) the following 
new subsections:
    ``(q) Citizen Information and Access Offices.--For each of the 
fiscal years 1995, 1996, 1997, 1998, and 1999, not more than 
$50,000,000 of the amounts available in the Fund may be used for the 
purposes of section 117(h) of this Act (relating to citizen information 
and access offices).
    ``(r) Voluntary Response Programs.--For each of the fiscal years 
1995 through 1999, not more than $20,000,000 of the amounts available 
in the Fund may be used for the purposes of section 128 of this Act 
(relating to State voluntary cleanup programs).''.

SEC. 707. USES OF THE FUND.

    Section 111(a) is amended by adding after paragraph (8) the 
following new paragraph:
            ``(9) Reimbursement of potentially responsible party 
        costs.--If a potentially responsible party and the 
        Administrator enter into a settlement under this Act in which 
        the Administrator is reimbursed for its response costs, and if 
        the Administrator determines, through a Federal audit of 
        response the costs, that costs for which the Administrator was 
        reimbursed--
                    ``(A) are unallowable due to contractor fraud, or
                    ``(B) are unallowable under the Federal Acquisition 
                Regulations, or
                    ``(C) should be adjusted due to routine contract 
                and Environmental Protection Agency response cost audit 
                procedures,
        then the Administrator is authorized to use the fund to 
        reimburse a potentially responsible party for any costs 
        identified under subparagraph (A), (B), or (C) of this 
        paragraph.''.

          TITLE VIII--ENVIRONMENTAL INSURANCE RESOLUTION FUND

Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Environmental Insurance Resolution Fund.
Sec. 804. Resolution offers.
Sec. 805. Documentation of claims and insurance coverage.
Sec. 806. Amount of resolution offers.
Sec. 807. Acceptance of resolution offer.
Sec. 808. Resolution payments.
Sec. 809. Rejection of resolution offer and reimbursement to insurer.
Sec. 810. Financial Statements, audits, investigations, and 
                            inspections.
Sec. 811. Stay of pending litigation.
Sec. 812. Regulations.
Sec. 813. Court jurisdiction and penalties.
Sec. 814. Miscellaneous provisions.
Sec. 815. Reports.
Sec. 816. Effective date.
Sec. 817. Termination of authority to offer and accept resolution.
Sec. 818. Termination of fund.

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Environmental Insurance Resolution 
and Equity Act of 1994''.

SEC. 802. DEFINITIONS.

    For purposes of this title:
            (1) Applicable costs.--The term ``applicable costs'' means 
        applicable National Priorities List (NPL) facility costs or 
        applicable non-NPL facility costs. Costs of removal shall be 
        treated as applicable costs only if the removal is conducted in 
        accordance with section 104, 106 or 122 of CERCLA or under the 
        regulations of the Administrator governing removal actions (40 
        CFR 300.415 or any successor regulations).
            (2) Applicable npl facility costs.--The term ``applicable 
        NPL facility costs'' means the costs for an eligible NPL 
        facility, --
                    (A) of response (as defined in section 101(25) of 
                CERCLA);
                    (B) for natural resources damages under section 107 
                of CERCLA; or
                    (C) to defend potential liability for the costs 
                described in subparagraph (A) or (B) or both, 
                including, but not limited to, attorney's fees, costs 
                of suit, consultant and expert fees and costs, and 
                expenses for testing and monitoring.
            (3) Applicable non-npl facility costs.--The term 
        ``applicable non-NPL facility costs'' means the costs for a 
        non-NPL facility--
                    (A) of removal (as defined in section 101(23) of 
                CERCLA); and
                    (B) to defend potential liability for such costs of 
                removal, including, but not limited to, attorney's 
                fees, costs of suit, consultant and expert fees and 
                costs, and expenses for testing and monitoring.
            (4) Board.--The term ``Board'' means the Board of Trustees 
        of the Fund.
            (5) CERCLA.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (6) Eligible costs.--The term ``eligible costs'' means the 
        applicable costs incurred with respect to a hazardous substance 
        disposed of at an eligible facility for which an eligible 
        person either (A) has not been reimbursed or (B) has been 
        reimbursed and that are the subject of a dispute between the 
        eligible person and an insurer. The term eligible costs shall 
        not include any costs paid by the United States.
            (7) Eligible facility.--The term ``eligible facility'' 
        means an eligible NPL facility or an eligible non-NPL facility.
            (8) Eligible npl facility.--The term ``eligible NPL 
        facility'' means any facility placed on the National Priority 
        List at any time, at which a hazardous substance was disposed 
        of on or before December 31, 1985.
            (9) Eligible non-npl facility.--The term ``eligible non-NPL 
        facility'' means any site or facility where a removal (as 
        defined in section 101(23) of CERCLA) was conducted pursuant to 
        governmental direction or oversight under CERCLA and the 
        National Contingency Plan at any time, at which a hazardous 
        substance was disposed of on or before December 31, 1985.
            (10) Eligible person.--The term ``eligible person'' means 
        any person that demonstrates, to the satisfaction of the 
        Resolution Fund, that such person either--
                    (A) has received a notice at any time that it may 
                be a potentially responsible party pursuant to CERCLA 
                with respect to an eligible NPL facility, which notice 
                requests or demands that such party perform response 
                actions or pay response costs or natural resource 
                damages for such facility; or
                    (B) is or was liable, or alleged to be liable, at 
                any time for a removal (as defined in section 101(23) 
                of CERCLA) at any eligible facility,
        and had entered into a valid insurance contract for qualified 
        insurance.
            (11) Facility.--The term ``facility'' has the same meaning 
        as provided in section 101(9) of CERCLA.
            (12) Fund.--The term ``Fund'' means the Environmental 
        Insurance Resolution Fund.
            (13) NPL.--The term ``NPL'' means the National Priorities 
        List.
            (14) Person.--The term person means an individual, firm, 
        corporation, association, partnership, consortium, joint 
        venture, commercial entity or governmental unit (including any 
        predecessor in interest or any subsidiary thereof).
            (15) Qualified insurance.--The term ``qualified insurance'' 
        means insurance for comprehensive general liability or 
        commercial multi-peril insurance coverage for any period prior 
        to January 1, 1986. For purposes of this paragraph, 
        comprehensive general liability insurance includes broad form 
        liability, general liability, commercial general liability, and 
        excess or umbrella coverage; and commercial multi-peril 
        insurance includes broad form property, commercial package, 
        special multi-peril, and excess or umbrella coverage. Such term 
        shall not include any other insurance, such as environmental 
        impairment liability insurance, whether found in primary, 
        excess, or umbrella coverage.
            (16) Valid insurance contract.--The term ``valid insurance 
        contract'' means a contract for qualified insurance other than 
        any of the following:
                    (A) An insurance contract with respect to which a 
                person has entered into a settlement with an insurer 
                providing, or where a final judgment has provided, that 
                the contract has been satisfied and that such person 
                has no right to make any further claims under such 
                contract.
                    (B) An insurance contract which covers only a time 
                period prior to the earliest date of the action or 
                status of the insured person which resulted in 
                liability or potential liability under section 107 of 
                CERCLA.
                    (C) An insurance contract with an insurance company 
                which is insolvent or in insolvency proceedings.
                    (D) An insurance contract which is the subject of a 
                settlement between the insurance company and the 
                insured pursuant to which the policy has been reformed 
                to include an absolute exclusion for pollution 
                liability (``absolute pollution exclusion'').
            (17) State.--The term ``State'' has the same meaning as 
        provided in section 101(27) of CERCLA.

SEC. 803. ENVIRONMENTAL INSURANCE RESOLUTION FUND.

    (a) Environmental Insurance Resolution Fund Established.--There is 
hereby established the Environmental Insurance Resolution Fund.
    (b) Offices.--The principal office of the Fund shall be in the 
District of Columbia or at such other place as the Fund may from time 
to time prescribe.
    (c) Status of Resolution Fund.--Except as expressly provided in 
this title, the Fund shall not be considered an agency or establishment 
of the United States. The members of the Board of Trustees shall not, 
by reason of such membership, be deemed to be officers or employees of 
the United States.
    (d) Board of Trustees.--
            (1) In general.--The Fund shall be administered by a Board 
        of Trustees.
            (2) Membership.--The Board shall consist of the following:
                    (A) Governmental members.--
                            (i) The Administrator of the Environmental 
                        Protection Agency or the Administrator's 
                        designee.
                            (ii) The Attorney General of the United 
                        States or the Attorney General's designee.
                    (B) Public members.--Five public members appointed 
                by the President not later than 60 days after the date 
                of enactment of this title, not less than two of whom 
                shall represent insurers subject to section ____ of the 
                Internal Revenue Code of 1986, and not less than two of 
                whom shall represent eligible persons as defined in 
                section 802(10). The public members shall be citizens 
                of the United States.
                    (C) Ex-officio member.--The Secretary of the 
                Treasury shall serve as an ex officio member of the 
                Board.
            (3) Chair.--The Chair of the Board shall be designated by 
        the President from time to time from among the members 
        described in paragraph (2)(A). No expenditure may be made, or 
        other action taken, by the Fund without the concurrence of the 
        Chair of the Board.
            (4) Compensation.--Governmental members of the Board shall 
        serve without additional compensation. Public members of the 
        Board shall, while attending meetings of the Board or while 
        engaged in duties related to such meetings or other activities 
        of the Board pursuant to this title, be entitled to receive 
        compensation at the rate of $200 per day, including travel 
        time. While away from their homes or regular places of 
        business, members of the Board shall be allowed travel and 
        actual, reasonable and necessary expenses to the same extent as 
        officers of the United States.
            (5) Term of public members.--Public members of the Board 
        shall serve for a term of 5 years, except that such members may 
        be removed by the President for any reason at any time. A 
        public member whose term has expired may continue to serve on 
        the Board until such time as the President appoints a 
        successor. The President may reappoint a public member of the 
        Board, but no such member may consecutively serve more than two 
        terms.
            (6) Vacancies.--A vacancy on the Board shall be filled in 
        the same manner as the original appointment, except that such 
        appointment shall be for the balance of the unexpired term of 
        the vacant position.
            (7) Quorum.--Four members of the Board shall constitute a 
        quorum for the conduct of business.
            (8) Meetings.--The Board shall meet not less than quarterly 
        at the call of the Chair. Meetings of the Board shall be open 
        to the public unless the Board, by a majority vote of members 
        present in open session, determines that it is necessary or 
        appropriate to close a meeting. The Chair shall provide at 
        least 10 days notice of a meeting by publishing a notice in the 
        Federal Register and such notice shall indicate whether it is 
        expected that the Board will consider closing all or a portion 
        of the meeting. Nothing in this paragraph shall be construed to 
        apply to informal discussions or meetings among Board members.
    (e) Officers and Employees.--
            (1) Chief executive officer; chief financial officer.--(A) 
        The Fund shall have a Chief Executive Officer appointed by the 
        Board who shall exercise any authority of the Fund under such 
        terms and conditions as the Board may prescribe.
            (B) The Fund shall have a Chief Financial Officer appointed 
        by the Board.
            (2) Compensation.--No officer or employee of the Fund may 
        be compensated by the Fund at an annual rate of pay which 
        exceeds the rate of basic pay in effect from time to time for 
        level I of the Executive Schedule under section 5312 of title 
        5, United States Code. No officer or employee of the Fund, 
        other than a member of the Board, may receive any salary or 
        other compensation from any source other than the Fund for 
        services rendered during the period of employment by the Fund.
            (3) Political test or qualification.--No political test or 
        qualification shall be used in selecting, appointing, 
        promoting, or taking other personnel actions with respect to 
        officers, agents, and employees of the Fund.
            (4) Assistance by federal agencies.--The Attorney General, 
        the Secretary of the Treasury, and the Administrator of the 
        Environmental Protection Agency, may to the extent practicable 
        and feasible, and in their sole discretion, make personnel and 
        other resources available to the Fund. Such personnel and 
        resources may be provided on a reimbursable basis, and any 
        personnel so provided shall not be considered employees of the 
        Fund for purposes of paragraph (2).
    (f) Powers of Resolution Fund.--Notwithstanding any other provision 
of law, except as provided in this title or as may be hereafter enacted 
by the Congress expressly in limitation of the provisions of this 
subsection, the Fund shall have the power--
            (1) to have succession until dissolved by Act of Congress;
            (2) to make and enforce such bylaws, rules and regulations 
        as may be necessary or appropriate to carry out the purposes of 
        this title;
            (3) to make and perform contracts, agreements, and 
        commitments;
            (4) to settle, adjust, and compromise, and with or without 
        consideration or benefit to the Fund release or waive in whole 
        or in part, in advance or otherwise, any claim, demand, or 
        right of, by, or against the Fund;
            (5) to sue and be sued, complain and defend, in any State, 
        Federal or other court;
            (6) to determine its necessary expenditures and appoint, 
        employ, and fix and provide for the duties, compensation and 
        benefits of officers, employees, attorneys, and agents, all of 
        whom shall serve at the pleasure of the Board; except that all 
        amounts withdrawn from the Treasury of the United States by or 
        on behalf of the Resolution Fund shall be certified by a 
        federally authorized certifying officer who is an employee of 
        the Federal agency represented by the chair of the Resolution 
        Fund;
            (7) to hire or accept the voluntary services of 
        consultants, experts, advisory boards, and panels to aid the 
        Fund in carrying out the purposes of this title; and
            (8) to take such other actions as may be necessary to carry 
        out the responsibilities of the Fund under this title.
    (g) Borrowing Authority.--Nothing in this title shall be construed 
to permit the Fund to issue any evidence of indebtedness or otherwise 
borrow money.

SEC. 804. RESOLUTION OFFERS.

    (a) In General.--The Fund shall offer one comprehensive resolution 
to each eligible person. The offer shall be for a percentage of all the 
eligible costs of such eligible person incurred in connection with all 
eligible facilities. The amount of the offer shall be determined 
pursuant to section 806.
    (b) Requests for Resolution Offers.--
            (1) In general.--An eligible person may, at any time after 
        the promulgation of the interim final regulations under section 
        812(a), file a request for a resolution offer from the Fund.
            (2) Response to request.--Not later than 180 days after the 
        receipt of a complete request as determined by the Fund, the 
        Fund shall in writing--
                    (A) make a resolution offer to each eligible person 
                that has filed a request for a resolution offer; or
                    (B) notify a person filing such a request that such 
                person is not an eligible person.
    (c) Joint Ventures and Subsidiaries.--A joint venture shall not be 
aggregated with any individual joint venturer for purposes of this 
section but shall be treated as a distinct entity for such purposes. 
All claims by subsidiaries shall be included in a single claim by the 
corporate parent for purposes of this Act.

SEC. 805. DOCUMENTATION OF CLAIMS AND INSURANCE COVERAGE.

    (a) Screening of Claims.--
            (1) Denial by reason of felony.--The Fund may deny a 
        resolution offer to an otherwise eligible person for a specific 
        facility if the eligible person has been convicted of a felony 
        under any Federal or State statute which has a material effect 
        on the response costs or natural resource damage incurred at 
        the facility.
            (2) Filing and active pursuit of claims.--The Fund may 
        decide not to make an offer to an eligible person unless the 
        eligible person has filed a claim and is actively pursuing the 
        claim. The Fund may also decide that an offer should be made to 
        any such person.
    (b) Filing of Claims.--For the purposes of subsection (a), an 
eligible person shall be deemed to have filed a claim if the eligible 
person has notified one or more of its insurers of the existence of a 
claim, or has engaged in active investigation and preparation of a 
claim, or has filed a lawsuit seeking coverage for eligible costs. 
Failure to have filed a claim or to have engaged in settlement 
discussions before January 1, 1994, shall not be deemed to preclude an 
eligible person from receiving an offer from the Fund if the eligible 
person had not received any notice letter from a governmental authority 
or one or more potentially responsible parties asserting its potential 
liability under CERCLA at any eligible facility until after January 1, 
1993.
    (c) Active Pursuit of Claims.--For purposes of this section, an 
eligible person shall be considered to be actively pursuing a claim 
if--
            (1) the person has filed a lawsuit against an insurer, or 
        has filed a motion or another pleading in a lawsuit against an 
        insurer, or has engaged in any discovery in a lawsuit against 
        an insurer between January 1, 1993, and December 31, 1993 
        regarding eligible costs at an eligible facility;
            (2) the person has engaged in settlement discussions with 
        an insurer between January 1, 1993, and December 31, 1993 
        regarding eligible costs at an eligible facility;
            (3) the person has engaged in active investigation and 
        preparation of a claim before January 1, 1994;
            (4) if the person has received a letter from an insurer 
        rejecting coverage or reserving its rights to reject coverage 
        regarding eligible costs at an eligible facility, the person 
        has sent within 1 year thereafter an additional status report 
        or letter apprising an insurer of activities regarding an 
        eligible facility; or
            (5) the eligible person has sent a letter to an insurer 
        notifying an insurer of the potential existence of a claim 
        regarding eligible costs at an eligible facility and has 
        received no response from the insurer.
    (d) Documentation of Coverage.--
            (1) Effect of documentation.--Coverage of an eligible 
        person for policy years prior to 1986 and the applicable 
        deductibles and limits on coverage shall be confirmed to the 
        satisfaction of the Fund by the terms of the policies or other 
        documentary proof of insurance provided by, or for, the 
        eligible person in accordance with this subsection.
            (2) Submission of documentary evidence.--After promulgation 
        of regulations governing documentation requirements, an 
        eligible person requesting an offer shall submit: copies of its 
        insurance policies, or other documentary evidence sufficient to 
        establish the following six terms of coverage: insurance 
        company, policy number, type of policy, duration of policy, 
        deductible or self-insured retention, and limit of coverage. 
        Documentary evidence may consist of any documents from an 
        insurance company or broker or documents of the eligible person 
        or other party which are generally contemporaneous with the 
        term of the policy or with subsequent retrospective rating 
        under the policy. Where documentary evidence (other than a 
        policy) is relied upon as the proof of coverage, an eligible 
        person must certify that it has undertaken a good faith 
        investigation of its records, that its submission is complete 
        and accurate to the best of its information and belief, and 
        that it does not have a copy of the insurance policy. If an 
        eligible person submits documentary evidence which does not 
        establish all six terms of coverage but which does establish 
        the name of the insurance company and one or more other terms 
        evidencing coverage, the named insurance company shall 
        undertake an investigation for any policy or other relevant 
        documents evidencing the eligible person's coverage. At the 
        conclusion of the investigation, the named insurance company 
        shall--
                    (A) produce to the Fund any policies or other 
                documents relevant to the eligible person's claim of 
                coverage; or
                    (B) certify that it has undertaken a good faith 
                investigation of its records and that it has produced 
                any and all policies or documents available to the 
                insurer and relevant to the eligible person's claim of 
                coverage.
        Subsequent to the named insurance company's production or 
        certification, the Fund shall decide whether a person has 
        provided adequate proof of insurance based on the evidence 
        presented. Submission of the six terms of coverage referred to 
        in this paragraph shall be treated as adequate proof of 
        insurance.
    (e) Prior Settlements.--
            (1) Disclosure.--Each eligible person shall be required to 
        disclose and certify the amounts and terms of any settlement 
        reached with an insurer for eligible costs at eligible 
        facilities. In the event that the terms of such a settlement 
        are subject to a protective order or are otherwise 
        confidential, the eligible person may provide evidence of the 
        confidential nature of the settlement information to the Fund. 
        Upon receipt of such evidence, the Fund shall be obligated to 
        preserve the confidentiality of all such settlement 
        information.
            (2) Effect of title on prior settlements.--This title shall 
        have no effect on prior settlements between eligible persons 
        and an insurer.

SEC. 806. AMOUNT OF RESOLUTION OFFERS.

    (a) Resolution Offers.--The Fund shall make resolution offers to 
each eligible person equal to the applicable percentage (determined 
under this section) of the lesser of the following:
            (1) The eligible costs actually incurred by an eligible 
        person.
            (2) The available coverage, as determined under this 
        section.
    (b) Applicable Percentage.--
            (1) In general.--For each eligible person that has not 
        established a litigation venue pursuant to subsection (d), the 
        applicable percentage shall be equal to the facility location 
        percentage for that person. For each eligible person that has 
        established one or more litigation venues pursuant to 
        subsection (d), the applicable percentage shall be comprised of 
        one-half of the facility location percentage for that person 
        plus one-half of the venue percentage for that person.
            (2) Facility location percentage.--
                    (A) One or more eligible npl facilities.--For each 
                eligible person, the Fund shall establish a facility 
                location percentage. The percentage shall be equal to 
                the weighted average of the State percentages for each 
                eligible NPL facility for which such person has been 
                identified as a potentially responsible party. In 
                determining such weighted average, each such eligible 
                facility shall be accorded equal value, except as 
                provided in paragraph (4).
                    (B) No eligible npl facilities.--For each person 
                not identified as a potentially responsible party at 
                one or more eligible NPL facilities but who is, or is 
                alleged to be, liable at any time for removal (as 
                defined in section 101(23) of CERCLA) at one or more 
                eligible non-NPL facilities, the Fund shall establish a 
                facility location percentage equal to the weighted 
                average of the State percentages for each such eligible 
                non-NPL facility. In determining such weighted average, 
                each such facility shall be accorded equal value.
            (3) Litigation venue percentage.--
                    (A) One or more eligible npl facilities.--For each 
                eligible person that has established one or more 
                litigation venues pursuant to subsection (d) with 
                respect to one or more eligible NPL facilities, the 
                Fund shall establish a litigation venue percentage. The 
                percentage shall be equal to the weighted average of 
                the State percentages for each eligible NPL facility in 
                each State in which such eligible person has 
                established a litigation venue. In determining such 
                weighted average, each eligible NPL facility with 
                respect to which such person has established a 
                litigation venue shall be accorded equal value.
                    (B) No eligible npl facilities.--For each eligible 
                person that does not have one or more eligible NPL 
                facilities and has established litigation venue with 
                respect to one or more eligible non-NPL facilities 
                pursuant to subsection (d), the Fund shall establish a 
                litigation venue percentage equal to the weighted 
                average of the State percentages for each eligible non-
                NPL facility in each State in which such eligible 
                person has established a litigation venue. In 
                determining such weighted average, each eligible non-
                NPL facility with respect to which litigation venue has 
                been established shall be accorded equal value.
            (4) Extra weighting of large sites.--In determining the 
        facility location percentage under paragraph (2)(A), the Fund 
        shall count a facility twice for weighting purposes if--
                    (A) the facility is located in the same State as 
                the State in which litigation venue has been 
                established;
                    (B) the facility is included in the eligible 
                person's coverage litigation in that venue; and
                    (C) total response costs incurred plus estimated 
                response costs exceed $50,000,000, as established by 
                governmental cost summaries or demands, records or 
                decision, or evidence satisfactory to the Fund of costs 
                actually incurred.
    (c) State Percentage.--
            (1) Congressional findings.--The Congress finds that as of 
        January 1, 1994, State law generally is more favorable to 
        eligible persons that pursue claims concerning eligible costs 
        against insurers in some States, that State law generally is 
        more favorable to insurers with respect to such claims in some 
        States, and that in some States the law generally favors 
        neither insurers nor eligible persons with respect to such 
        claims or that there is insufficient information to determine 
        whether such law generally favors insurers or eligible persons 
        with respect to such claims. The Congress further finds that 
        considerations of equity and fairness require that resolution 
        offers made by the Fund must vary to reflect the relative state 
        of the law among the several States.
            (2) State percentage categories.--The States are hereby 
        classified into the following percentage categories:
                    (A) 20 percent.--The State percentage shall be 20 
                percent for: Florida, Maine, Maryland, Massachusetts, 
                Michigan, New York, North Carolina, and Ohio.
                    (B) 60 percent.--The State percentage shall be 60 
                percent for: California, Colorado, Georgia, Illinois, 
                New Jersey, Washington, West Virginia, and Wisconsin.
                    (C) 40 percent.--For all other States the State 
                percentage shall be 40 percent.
    (d) Litigation Venue.--For purposes of this section, litigation 
venue is considered established with respect to an eligible person if--
            (1) on or before December 31, 1993, the eligible person had 
        pending in a court of competent jurisdiction a complaint 
        against an insurer with respect to eligible costs at an 
        eligible facility; and
            (2) no motion to change venue with respect to such 
        complaint was pending on or before January 31, 1994.
    (e) Available Coverage.--
            (1) In general.--The Fund shall determine the available 
        coverage for each eligible person by adding the limits of 
        liability contained in all valid insurance contracts of 
        insurance (including per occurrence, aggregate, primary, excess 
        or other limits) and then by subtracting the total of all 
        deductibles and self-insured retentions applicable to those 
        policies. In calculating the available coverage and the average 
        deductible pursuant to section 808(c), the Fund shall exclude 
        any deductible or self-insured retention contained in a policy 
        which has already been paid by the eligible person.
            (2) Per occurrence basis policies.--For insurance policies 
        with limits or deductibles expressed on a per occurrence basis 
        without an aggregate limit, the limit or deductible shall be an 
        amount equal to the limit or deductible in the policy 
        multiplied by the number of eligible facilities of the eligible 
        person and by the number of years the policy was in effect. Per 
        occurrence limits or deductibles may be adjusted by the Fund 
        whenever there is an increase in the eligible facilities 
        attributable to an eligible party.
    (f) Adjustment for Owned Property Sites.--
            (1) Adjustment.--If an eligible person seeks payment of 
        eligible costs for an owned property site, only 70 percent of 
        such eligible costs (including eligible costs for off site 
        contamination attributable to the owned property) shall be 
        taken into account in making payments under this section.
            (2) Definitions.--For purposes of this subsection--
                    (A) Owned property site.--A facility shall be 
                considered an owned property site if--
                            (i) an eligible person owned or leased the 
                        facility at the time of initial disposal or a 
                        predecessor company owned or leased the 
                        facility at the time of initial disposal and 
                        the predecessor company merged into an eligible 
                        person or became the wholly owned subsidiary of 
                        an eligible person;
                            (ii) the property owned or leased by the 
                        eligible person or predecessor company 
                        represents all or a portion of the facility as 
                        specifically designated on the NPL or as 
                        subject to a removal covered by this title;
                            (iii)(I) an eligible person or predecessor 
                        company generated all of the hazardous 
                        substances which were disposed of during the 
                        period such person or predecessor owned or 
                        leased the facility, or (II) an eligible person 
                        or predecessor company owned a landfill which 
                        is part of the property on which a 
                        manufacturing or industrial facility is 
                        situated, the landfill was used for the 
                        treatment, storage, or disposal of waste 
                        generated from the manufacturing or industrial 
                        facility and from third parties, and the 
                        landfill contains waste that is not primarily 
                        municipal solid waste or sewage sludge as 
                        defined in title VI of this Act; and
                            (iv) the hazardous substances associated 
                        with the owned property constitute the basis 
                        for liability at the facility.
                    (B) Property not considered owned property.--A 
                facility shall not be considered owned property of an 
                eligible person for purposes of this section when the 
                eligible person acquired the facility from, or acquired 
                the assets of, a company which engaged in initial 
                disposal of hazardous substances at the facility and 
                the eligible person did not engage in initial disposal 
                of hazardous substances at the facility during its 
                period of ownership. An owned property site shall not 
                include a public or commercial landfill primarily used 
                for disposal, storage, or treatment of municipal solid 
                waste or sewage sludge as defined in title VI of this 
                Act.
                    (C) Initial disposal.--For purposes of this 
                paragraph, the term initial disposal means the 
                spilling, pumping, pouring, emitting, emptying, 
                discharging, injecting, dumping, disposing, placing, or 
                leaking of hazardous substances into the environment 
                caused by the facility owner but does not include--
                            (i) any continuing or further leaking, 
                        escaping, or leaching of hazardous substances 
                        into the environment during subsequent periods 
                        of ownership which was not caused by the acts 
                        of a subsequent owner; or
                            (ii) any activities undertaken by an owner 
                        related to response at the facility.

SEC. 807. ACCEPTANCE OF RESOLUTION OFFER.

    (a) Acceptance.--
            (1) Election to accept.--An eligible person may, when 
        submitting a request for a resolution to the Fund, make a 
        written irrevocable election to accept any resolution to be 
        made by the Fund.
            (2) Notification.--An eligible person that does not make an 
        election pursuant to paragraph (1) shall, within 60 days of the 
        receipt of a resolution offer from the Fund, notify the Fund in 
        writing of its irrevocable acceptance or rejection of such 
        offer. An eligible person who does not so accept or reject a 
        resolution offer within 60 days shall be deemed to have made an 
        irrevocable election to reject the offer.
    (b) Acceptance or Rejection Prior to Offer.--Upon expiration of the 
60-day period immediately following the enactment of this Act, any 
eligible person may notify the Fund that such eligible person accepts 
or rejects any offer to be issued by the Fund under this title. Any 
such notice shall be signed by a duly authorized officer of the 
eligible person, as certified by the secretary of the eligible person 
or by a person with equivalent authority.
    (c) Waiver of Insurance Claims.--Any eligible person accepting a 
resolution offer from the Fund shall agree in writing, subject to 
reinstatement described in subsection (d) to waive, stay, or dismiss 
any of its existing and future claims against any insurer for eligible 
costs, including bad faith claims pertaining to actions to recover 
eligible costs.
    (d) Reinstatement of Insurance Claims.--If the Fund fails to timely 
fulfill its obligations to an eligible person under the terms of an 
accepted resolution offer, such eligible person shall be entitled to 
reinstate any of its existing and future claims under a contract for 
insurance with respect to eligible costs. A shortfall provided for in 
section 808(f) shall not be considered a failure of the Fund to timely 
fulfill its obligations.

SEC. 808. RESOLUTION PAYMENTS.

    (a) Time of Payment; Pre-Resolution Costs.--The Fund shall make 
equal annual payments over a period of 10 years for the applicable 
percentage of eligible costs incurred by an eligible person on or 
before the date such person accepts a resolution offer. The Fund may, 
in its sole discretion, make such payments over a shorter period if the 
aggregate eligible costs do not exceed $50,000. An eligible person 
shall submit to the Fund documentation of such costs as the Fund may 
require. The initial payment to an eligible person under this paragraph 
shall be made not later than 60 days after the receipt of documentation 
satisfactory to the Fund. Interest shall not accrue on amounts payable 
pursuant to a resolution offer during the 5-year period beginning on 
the date of the enactment of this Act. In each year thereafter, 
interest shall accrue on the unpaid balance of the pre-resolution costs 
in an amount equal to the rate of interest on one year Treasury bills 
issued on the anniversary of such date of enactment, or if no bills 
were issued on such date, on the last date such bills were issued prior 
to such anniversary.
    (b) Time of Payment; Post-Resolution Costs.--The Fund shall make 
payments for eligible costs incurred by an eligible person after the 
date such person accepts a resolution offer to the eligible person, or 
to a contractor or other person designated by the eligible person, 
subject to such documentation as the Fund may require. Payments under 
this title shall be made not later than 60 days after the receipt of 
documentation (satisfactory to the Fund) with respect to such costs.
    (c) Adjustment for Deductible or Self Insurance.--In the case of an 
eligible person that has submitted to the Fund, as proof of status as 
an eligible person, a valid insurance contract subject to a self-
insured retention or a deductible, payment to such eligible person 
pursuant to a resolution shall be reduced once by an amount equal to 
the average of the amounts of self-insured retentions and deductibles 
in all valid insurance contracts of insurance of the eligible person. 
For purposes of determining such average in the case of a per 
occurrence deductible or self-insured retention, the Fund shall only 
count such deductible or self-insured retention once for each policy 
year.
    (d) Adjustment for Certain Duty-To-Defend Costs.--If an insurer has 
incurred and paid costs pursuant to a duty-to-defend clause contained 
in a contract for insurance, and such costs are the subject of a 
dispute between the eligible person and an insurer, the Fund shall 
reduce payment of a resolution to an eligible person by such amount and 
pay such amount to the insurer. If such costs were paid by the insurer 
on or before the date the eligible person accepted a resolution offer 
made by the Fund, payment to an insurer under this section shall be 
made in equal annual installments over a period of 10 years, and 
interest shall not accrue with respect to such costs. The Fund may, in 
its sole discretion, make such payments over a shorter period if the 
aggregate costs do not exceed $50,000.
    (e) Effect of Payments.--(1) Payments made to an eligible person by 
the Fund pursuant to a resolution offer shall be treated as payments 
made by an insurer in satisfaction of the terms and conditions of a 
contract of insurance. Such payments shall be allocated pro rata to 
each year in which proof of insurance has been established. The amount 
allocated to each coverage year shall be allocated 100 percent to the 
primary coverage until it is exhausted and then 100 percent to each 
successively higher layer of coverage until each such layer is 
exhausted.
    (2) No insurer shall be allowed to collect recovery pursuant to a 
reinsurance contract on the basis of a payment by the Fund unless such 
reinsurer is not subject to the fees under section ______ of the 
Internal Revenue Code or has not satisfied its obligations pursuant to 
such fees.
    (f) Shortfall.--If, in any year during the first 10 years after 
enactment, the Fund does not have sufficient funds available to pay all 
eligible costs of resolution offers accepted by eligible persons, the 
Fund shall determine the amount of the costs which cannot be paid in 
that year (the ``shortfall''). The Fund shall allocate the shortfall to 
the eligible persons in proportion to the size of their pending claims 
for reimbursement from the Fund. This shortfall shall be paid to the 
eligible person and shall be amortized over the next 5 years, and the 
amortized amount shall be paid with interest at the rate specified for 
the amortization of past costs. A shortfall which is being amortized 
hereunder shall not be considered a default by the Fund, triggering the 
reinstatement of claims.
    (g) Interim Allocations.--An eligible person accepting an offer of 
resolution shall be entitled to receive payment of all eligible costs 
which have been incurred. If an eligible person obtains reimbursement 
of such eligible costs as a result of a final allocation, contribution 
action, or otherwise, the eligible person must notify the Fund of the 
amount of the reimbursement and must either (1) reduce its next claim 
to the Fund for payment of eligible costs by the amount of the 
reimbursement, or (2) refund the amount of the reimbursement.

SEC. 809. REJECTION OF RESOLUTION OFFER AND REIMBURSEMENT TO INSURER.

    If an eligible person rejects a resolution offer (including a 
rejection pursuant to section 807(b)), litigates a claim with respect 
to eligible costs against 1 or more insurers, and obtains a final 
judgment against, or enters into a settlement with, any such insurer, 
the Fund--
            (1) shall reimburse to such insurer or insurers the lesser 
        of the amount of the resolution offer made to the eligible 
        person (or, in the case of a rejection pursuant to section 
        807(b), the amount which the Fund would have offered) or the 
        final judgment or settlement; and
            (2) may, if the resolution offer exceeded the final 
        judgment or settlement, reimburse the insurer or insurers for 
        unrecovered reasonable costs and legal fees, except that the 
        total reimbursement under this subsection may not exceed the 
        amount of the resolution offer to the eligible person (or, in 
        the case of a rejection pursuant to section 807(b), the amount 
        which the Fund would have offered).
Reimbursements pursuant to this subsection shall be subject to such 
documentation as the Fund may require and shall be made by the Fund not 
later than 60 days after receipt by the Fund of a complete request for 
reimbursement satisfactory to the Fund.

SEC. 810. FINANCIAL STATEMENTS, AUDITS, INVESTIGATIONS, AND 
              INSPECTIONS.

    (a) In General.--The financial statements of the Fund shall be 
prepared in accordance with generally accepted accounting principles 
and shall be audited annually by an independent certified public 
accountant in accordance with the auditing standards issued by the 
Comptroller General. Such auditing standards shall be consistent with 
the private sector's generally accepted auditing standards.
    (b) Investigations and Other Audits.--The Inspector General of the 
Environmental Protection Agency is authorized to conduct audits and 
investigations as the Inspector General deems necessary or appropriate.

SEC. 811. STAY OF PENDING LITIGATION.

    (a) Enactment Operates as Stay.--Except as provided in this 
section, enactment of this title shall operate as a stay, applicable to 
all persons other than the United States, of the commencement or 
continuation, including the issuance or employment of process or 
service of any pleading, motion, or notice, of any judicial, 
administrative, or other action with respect to claims for indemnity or 
other claims arising from a valid insurance contract of qualified 
insurance concerning insurance coverage for eligible costs.
    (b) Actions Not Affected.--Nothing in this title shall be construed 
to authorize a stay of any action involving claims that do not concern 
eligible costs or a valid insurance contract of qualified insurance. 
Any such claim shall be severed by operation of law from claims 
involving eligible costs or valid contracts of insurance of qualified 
insurance, and the insured party may proceed with the prosecution of 
the severed claims not involving eligible costs or not involving 
qualified insurance.
    (c) Termination of Stay.--(1) The stay established by subsection 
(a) shall terminate with respect to an eligible person upon the earlier 
of the following--
            (A) The rejection of a resolution offer (including an early 
        rejection) by such eligible person pursuant to section 807.
            (B) A determination by the Fund that an offer will not be 
        made to such eligible person or that such person is not an 
        eligible person.
            (C) A determination by the Fund pursuant to section 816(b) 
        that the minimum participation level has not been achieved.
            (D) A failure by the Fund at any time after the date 10 
        years after the enactment of this Act to timely pay to such 
        eligible person a resolution payment equal to the total amount 
        of eligible costs (including shortfalls from prior years) 
        required to be paid to such person under a resolution offer in 
        any year after such date.
    (2) The stay established by subsection (a) shall terminate on the 
date that is 10 years after the enactment of this Act with respect to:
            (A) A person that becomes an eligible person on or after 
        such date.
            (B) An eligible person that has not filed a request for a 
        resolution offer and has not rejected a resolution offer 
        pursuant to section 807(b) before such date.
    (d) Authority of United States Unaffected.--Nothing in this section 
shall be construed to limit or affect in any way the discretion or 
authority of the United States or any party to commerce or continue any 
allocation process, cost recovery, or other action pursuant to the 
authority of sections 101 through 122a of CERCLA.
    (e) Statute of Limitation Tolled.--Notwithstanding any other 
provision of Federal or State law, any Federal or State statute of 
limitation concerning the filing or prosecution of an action by an 
eligible person against an insurer, or by an insurer against an 
eligible person, with respect to eligible costs shall be tolled during 
the pendency of the stay of pending litigation established by this 
title.

SEC. 812. REGULATIONS.

    (a) Procedures and Documentation.--Not later than 120 days after 
the date of enactment of this title, the Fund shall publish in the 
Federal Register for public comment of not more than 60 days interim 
final regulations concerning procedures and documentation for the 
submission of requests for resolution offers and the payment of 
accepted resolution offers. Not later than 60 days after the close of 
the public comment period, the Fund shall publish in the Federal 
Register final regulations concerning such procedures and 
documentation, which may be amended by the Fund from time to time. The 
Fund in its discretion may require that requests for resolution offers 
made before the issuance of final regulations pursuant to this 
subsection be revised to conform to the requirements of such final 
regulations.
    (b) Other Regulations.--The Fund may prescribe such other 
regulations, rules and procedures as the Fund deems appropriate from 
time to time.
    (c) Judicial Review.--No regulation, rule or procedure prescribed 
by the Fund shall be subject to review by any court except to the 
extent such regulation, rule or procedure is not consistent with a 
provision of this title. No resolution offer made by the Fund shall be 
subject to review by any court.

SEC. 813. COURT JURISDICTION AND PENALTIES.

    (a) Jurisdiction of Federal Courts.--Notwithstanding section 1349 
of title 28, United States Code:
            (1) The Fund shall be deemed to be an agency of the United 
        States for purposes of sections 1345 and 1442 of title 28, 
        United States Code.
            (2) All civil actions to which the Fund is a party shall be 
        deemed to arise under the laws of the United States, and the 
        district courts of the United States shall have original 
        jurisdiction of all such actions, without regard to amount or 
        value.
            (3) Any civil or other action, case or controversy in a 
        court of a State, or in any court other than a district court 
        of the United States, to which the Fund is a party may at any 
        time before the trial thereof be removed by the Fund, without 
        the giving of any bond or security, to the district court of 
        the United States for the district and division embracing the 
        place where the same is pending, or, if there is no such 
        district court, to the district court of the United States for 
        the district in which the principal office of the Fund is 
        located, by following any procedure for removal of causes in 
        effect at the time of such removal.
            (4) No attachment or execution shall be issued against the 
        Fund or any of its property before final judgment in any State, 
        Federal, or other court.
    (b) False or Fraudulent Statements or Claims.--
            (1) Criminal penalties.--(A) For purposes of section 287 of 
        title 18, United States Code (relating to false claims), the 
        Fund shall be considered an agency of the United States and any 
        officer or employee of the Fund shall be considered a person in 
        the civil service of the United States.
            (B) For purposes of section 1001 of title 18, United States 
        Code (relating to false statements or entries), the Fund shall 
        be considered an agency of the United States.
            (2) Civil penalties.--Officers and employees of the Fund 
        shall be considered officers and employees of the United States 
        for purposes of section 3729 of title 31, United States Code 
        (relating to false claims).

SEC. 814. MISCELLANEOUS PROVISIONS.

    (a) Admissibility of Resolution Offer.--No resolution offered by 
the Fund shall be admissible in any legal action brought by an eligible 
person against an insurer or by an insurer against an eligible person.
    (b) Resolution Process Not Admission of Liability.--No provision of 
this title, and no action by an eligible person undertaken in 
connection with any provision of this title shall in any way constitute 
an admission of liability in connection with the disposal of a 
hazardous substance.
    (c) Precedential Effect.--No provision of this title shall affect 
or be construed to establish a precedent with respect to any insurance 
dispute between any person and insurer not subject to a stay under this 
title.
    (d) Sovereign Immunity of the United States.--No obligation or 
liability of the Fund shall constitute an obligation or liability of 
the United States, or of any department, agency, instrumentality, 
officer, or employee thereof. No person shall have a cause of action of 
any kind against the United States, or any department agency, 
instrumentality, officer, or employee thereof with respect to any 
obligation, liability, or activity of the Fund.

SEC. 815. REPORTS.

    (a) Report on Potential for Escalation of EIRF Liability.--Not 
later than the end of the 5th year after enactment of this title, the 
President shall submit a report to Congress assessing the potential 
liability of the Fund over the next 5-year period. The report shall 
include recommendations for amendments to address any shortfalls 
between the projected potential liability of the Fund and the amounts 
authorized to be raised over such 5-year period.
    (b) Report on Non-NPL Facilities.--The President shall conduct a 
study of the number of non-NPL facilities and the average cleanup cost 
per non-NPL facility and shall report his findings not later than 3 
years after the date of enactment.
    (c) Annual Reports.--The Fund shall report annually to the 
President and the Congress not later than January 15 of each year on 
its activities for the prior fiscal year. The report shall include--
            (1) a financial statement audited by an independent 
        auditor; and
            (2) a determination of whether the fees and assessments 
        imposed by section ____ of the Internal Revenue Code of 1986 
        will be sufficient to meet the anticipated obligations of the 
        Fund.
    (d) Special Reports.--The Fund shall promptly report to the 
President and the Congress at any time the Fund determines that the 
fees and assessments imposed by section ____ of the Internal Revenue 
Code of 1986 will be insufficient to meet the anticipated obligations 
of the Fund.

SEC. 816. EFFECTIVE DATE.

    (a) In General.--This title shall take effect on the date of 
enactment of this Act.
    (b) Minimum Participation Level by Eligible Persons.--
            (1) Identification of litigating eligible persons.--Each 
        insurance company providing insurance coverage to eligible 
        persons shall submit to the Fund, within 30 days after the 
        enactment of this Act, a list of all eligible persons which 
        filed suit against that company for eligible costs prior to the 
        enactment of this Act and shall notify each eligible person 
        which is on the list.
            (2) Requests for applicable percentage.--Each eligible 
        person identified on a list under paragraph (1) shall file a 
        request for its applicable percentage (as determined under 
        section 806(b)) with the Fund within 60 days after the 
        enactment of this Act. The Fund shall determine the applicable 
        percentage of the eligible person and notify the eligible 
        person of such percentage within 90 days of enactment. Each 
        eligible person receiving such notification shall decide 
        whether to accept or reject the applicable percentage 
        determination within 135 days of enactment. An eligible person 
        which has made an early acceptance or rejection pursuant to 
        section 807(b) shall be deemed to have accepted or rejected its 
        applicable percentage, as the case may be. Any eligible person 
        which does not file such a request within such period, and any 
        eligible person which files such a request and does not reject 
        the applicable percentage determination within 135 days after 
        the enactment of this Act, shall be deemed to have accepted the 
        determination solely for the purposes of this section.
            (3) Minimum participation level.--Within 150 days after 
        enactment, the Fund shall determine--
                    (A) the number of eligible persons on the list 
                under paragraph (1), and
                    (B) the weighted average (as determined under 
                paragraph (4)) of such eligible persons,
        which have accepted or rejected applicable percentage 
        determinations under this subsection. If more than 15 percent 
        of the eligible persons on such list or more than a weighted 
        average of 15 percent of such eligible persons have rejected 
        such determinations, the provisions of this title and the 
        insurance fee provisions of title IX shall cease to have any 
        force and effect, and any fees paid by insurance companies 
        which have not been utilized for administration of the Fund 
        shall be refunded to those companies.
            (4) Weighted average.--The weighted average of eligible 
        persons accepting or rejecting applicable percentage 
        determinations shall be determined by multiplying the 
        acceptances or rejections by eligible persons listed under 
        paragraph (1) times the number of each such person's eligible 
        facilities (without regard to whether or not any such is the 
        subject of any lawsuit).

SEC. 817. TERMINATION OF AUTHORITY TO OFFER AND ACCEPT RESOLUTION.

    (a) Authority To Accept Request for Resolution.--The authority of 
the Fund to accept requests for resolution shall terminate on the date 
10 years after the enactment of this Act.
    (b) Authority To Offer Resolutions.--The authority of the Fund to 
offer resolutions to eligible persons shall terminate after the date 10 
years and 180 days after the date of the enactment of this Act.
    (c) Continuing Obligations.--Until termination of the Fund, the 
Fund shall continue to--
            (1) make payments pursuant to resolution offers for any 
        eligible facility which is identified at the time of acceptance 
        of the resolution offer or within 10 years after the enactment 
        of this Act; or
            (2) reimburse insurers with respect to litigation commenced 
        or continued in connection with a resolution offer made on or 
        before the date 10 years after the date of the enactment of 
        this Act, where the resolution offer was rejected by an 
        eligible person or not acted upon by an eligible person.

SEC. 818. TERMINATION OF FUND.

    If, during any two-year calendar period commencing after the date 
10 years after the date of the enactment of this Act, no eligible 
person makes a claim to the Fund for payment of eligible costs, the 
Fund shall terminate, and all amounts remaining in the Fund shall be 
deposited in the General Fund of the Treasury.

                            TITLE IX--TAXES

Sec. 901. Amendments to the Internal Revenue Code of 1986.
Sec. 902. Environmental fees and assessments on insurance companies.
Sec. 903. Funding provisions for environmental insurance resolution 
                            fund.
Sec. 904. Resolution Fund not subject to tax.

SEC. 901. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Section 59A(e)(1) of the Internal Revenue Code of 1986 (26 
U.S.C. 59A(e)(1)) is amended by striking ``January 1, 1996'' and 
inserting instead ``January 1, 2001''.
    (b) Section 4611(e) of the Internal Revenue Code of 1986 (26 U.S.C. 
4611(e)) is amended--
            (1) in paragraph (1), by striking ``December 31, 1986'' and 
        inserting instead ``December 31, 1995'';
            (2) in paragraph (2)--
                    (A) by striking ``December 31, 1993 or December 31, 
                1994'' and inserting instead ``December 31, 1998 or 
                December 31, 1999'';
                    (B) by striking ``December 31, of 1994 or 1995, 
                respectively'' and inserting instead ``December 31 of 
                1999 or 2000, respectively''; and
                    (C) by striking ``1994 or 1995'' the last place it 
                appears and inserting instead ``1999 or 2000'';
            (3) in paragraph (3)(A), by striking ``January 1, 1987, and 
        ending December 31, 1995'' and inserting instead ``January 1, 
        1996, and ending December 31, 2000''; and
            (4) in paragraph (3)(B)--
                    (A) in the title thereof, by striking ``January 1, 
                1996'' and inserting ``January 1, 2001''; and
                    (B) by striking ``Fund before January 1, 1996'' and 
                inserting instead ``Fund before January 1, 2001''.

SEC. 902. ENVIRONMENTAL FEES AND ASSESSMENTS ON INSURANCE COMPANIES.

    (a) In General.--The Internal Revenue Code of 1986 is amended by 
inserting after section ____ the following new section:
``Sec.   . Environmental fees and assessments on insurance companies''.

                               [reserved]

    (b) Clerical Amendments.--The table of sections for chapter ____ of 
the Internal Revenue Code of 1986 is amended by inserting after the 
item relating to section ____ the following:
``Sec.   . Environmental fees and assessments on insurance companies''.

SEC. 903. FUNDING PROVISIONS FOR ENVIRONMENTAL INSURANCE RESOLUTION 
              FUND.

    (A) In General.--
            (1) Except as provided in section 802(f)(7) of this Act, 
        all expenditures of the Resolution Fund shall be paid out of 
        the fees and assessments imposed by section ____ of the 
        Internal Revenue Code.
            (2) Except as may be expressly authorized by the Secretary 
        of the Treasury, all funds of the Resolution Fund shall be 
        maintained in the Treasury of the United States. The Secretary 
        may provide for the disbursement of such funds to the 
        Resolution Fund or on behalf of the Resolution Fund under such 
        procedures, terms and conditions as the Secretary may 
        prescribe.
    (b) Transfer to Resolution Fund.--The Secretary of the Treasury 
shall transfer to the Resolution Fund on October 1 of fiscal year 1995, 
1996, 1997, 1998 and 1999, an amount equal to the fees and assessments 
anticipated to be collected pursuant to section ____ of the Internal 
Revenue Code of 1986 during the then current fiscal year.
    (c) Adjustments.--In each succeeding fiscal year the Secretary of 
the Treasury shall adjust the amounts transferred pursuant to paragraph 
(2) to reflect actual collections of fees and assessments during the 
prior fiscal year, except that with respect to the transfer made on 
October 1, 1999, the Resolution Fund shall reimburse the Secretary the 
amount of such transfer subsequently determined by the Secretary to 
have exceeded actual collections of fees and assessments during such 
fiscal year.

SEC. 904. RESOLUTION FUND NOT SUBJECT TO TAX.

    The Resolution Fund, including its capital, reserves, surplus, 
security holdings, and income shall be exempt from all taxation now or 
hereafter imposed by the United States (including any territory, 
dependency or possession thereof) or any State, county, municipality or 
local taxing authority.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superfund Reform Act of 1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References to Comprehensive Environmental Response, 
                            Compensation, and Liability Act of 1980.
           TITLE I--COMMUNITY PARTICIPATION AND HUMAN HEALTH

Sec. 101. Public participation.
Sec. 102. Community working groups.
Sec. 103. Hazard ranking system.
Sec. 104. Disease registry and medical care providers.
Sec. 105. Substance profiles.
Sec. 106. Determining health effects.
Sec. 107. Public health at NPL facilities.
Sec. 108. Health studies.
Sec. 109. Distribution of materials to health professionals and medical 
                            centers.
Sec. 110. Grant awards, contracts, and community assistance activities.
Sec. 111. Public health recommendations in remedial actions.
Sec. 112. Clarification of ATSDR authority.
Sec. 113. Recruitment and training demonstration program.
Sec. 114. Transition.
                         TITLE II--STATE ROLES

Sec. 201. Contracts or cooperative agreements with States.
Sec. 202.  State cost share.
Sec. 203. Siting.
Sec. 204. The State registry.
Sec. 205. Conforming and miscellaneous amendments.
Sec. 206. Study of authorization of States to carry out Superfund.
Sec. 207. State role at Federal facilities.
                     TITLE III--VOLUNTARY RESPONSE

Sec. 301. Voluntary response program.
                   TITLE IV--LIABILITY AND ALLOCATION

Sec. 401. Information gathering and access.
Sec. 402. Compliance with administrative orders.
Sec. 403. Limitations to liability for response costs.
Sec. 404. Liability.
Sec. 405. Civil proceedings.
Sec. 406. Limitations on contribution actions.
Sec. 407. Scope of rulemaking authority.
Sec. 408. Response action contractors.
Sec. 409. Enhancement of settlement authorities.
Sec. 410. Professional services.
Sec. 411. Final convenants.
Sec. 412. Expedited final settlements.
Sec. 413. Allocation procedures.
Sec. 414. Recycling transactions.
Sec. 415. Release of evidence.
Sec. 416. Contiguous properties.
            TITLE V--REMEDY SELECTION AND CLEANUP STANDARDS

Sec. 501. Cleanup standards.
Sec. 502. Remedy selection.
Sec. 503. Miscellaneous amendments to section 121.
Sec. 504. Response authorities.
Sec. 505. Removal actions. 
Sec. 506. Hazardous substance property use.
Sec. 507. Transition.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Interagency agreements at mixed ownership and mixed 
                            responsibility facilities.
Sec. 602. Contents of certain deeds.
Sec. 603. Transfers of uncontaminated property.
Sec. 604. Agreements to transfer by deed.
Sec. 605. Alternative or innovative treatment technologies.
Sec. 606. Definitions.
Sec. 607. Response claims procedures.
Sec. 608. Small business ombudsman.
Sec. 609. Consideration of local government cleanup priorities.
Sec. 610. Consistent application among regional offices.
Sec. 611. Study of participants.
Sec. 612. Public comment.
Sec. 613. Certification of environmental training and certification 
                            organizations.
Sec. 614. Savings clause.
Sec. 615. Federal entities and facilities.
Sec. 616. Worker training and education grants.
Sec. 617. Report and oversight requirements.
Sec. 618. Remedial technologies.
Sec. 619. Addition of States to governmental entities eligible for 
                            reimbursement for emergency removal 
                            actions; clarification of authority to take 
                            emergency response action at illicit drug 
                            laboratories.
Sec. 620. Incentives to managing parties.
Sec. 621. Study of small disadvantaged business goals.
Sec. 622. Incineration of dioxin at Times Beach, Missouri.
Sec. 623. Conforming amendment.
                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.
Sec. 702. Orphan share funding.
Sec. 703. Agency for Toxic Substances and Disease Registry.
Sec. 704. Limitations on research, development, and demonstration 
                            programs.
Sec. 705. Authorization of appropriations from general revenues.
Sec. 706. Additional limitations.
Sec. 707. Uses of the fund.
          TITLE VIII--ENVIRONMENTAL INSURANCE RESOLUTION FUND

Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Environmental Insurance Resolution Fund.
Sec. 804. Resolution offers.
Sec. 805. Documentation of claims and insurance coverage.
Sec. 806. Amount of resolution offers.
Sec. 807. Acceptance of resolution offer.
Sec. 808. Resolution payments.
Sec. 809. Rejection of resolution offer and reimbursement to insurer.
Sec. 810. Financial Statements, audits, investigations, and 
                            inspections.
Sec. 811. Stay of pending litigation.
Sec. 812. Regulations.
Sec. 813. Court jurisdiction and penalties.
Sec. 814. Miscellaneous provisions.
Sec. 815. Reports.
Sec. 816. Effective date.
Sec. 817. Termination of authority to offer and accept resolution.
Sec. 818. Termination of fund.
                            TITLE IX--TAXES

Sec. 901. Amendments to the Internal Revenue Code of 1986.
Sec. 902. Environmental fees and assessments on insurance companies.
Sec. 903. Funding provisions for Environmental Insurance Resolution 
                            Fund.
Sec. 904. Resolution Fund not subject to tax.

SEC. 3. REFERENCES TO COMPREHENSIVE ENVIRONMENTAL RESPONSE, 
              COMPENSATION, AND LIABILITY ACT OF 1980.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(commonly known as ``Superfund'') (42 U.S.C. 9601 and following).

           TITLE I--COMMUNITY PARTICIPATION AND HUMAN HEALTH

SEC. 101. 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 Administrator, the Administrator may make grants 
        available to any group of individuals which may be affected by 
        the release or threatened release of hazardous substances, 
        pollutants, or contaminants at any facility on the State 
        Registry or 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 
        Administrator 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 availability.--Subject to the limitations 
        provided in paragraph (6), grants shall be made available to 
        affected citizens who live in communities containing facilities 
        in the State Registry not listed on the National Priorities 
        List.
            ``(6) Funding limit.--Not more than 4 percent of the funds 
        made available for carrying out this Act for any fiscal year 
        may be used for grants under this subsection in that fiscal 
        year and not more than one-eighth of the funds under this 
        subsection may be used for grants with respect to facilities 
        not listed on the National Priorities List. If such one-eighth 
        portion is not needed for such facilities, such portion may be 
        used for grants with respect to facilities listed on the 
        National Priorities List.
            ``(7) Funding amount.--The initial amount of any grant 
        under this subsection may not exceed $50,000 for a single grant 
        recipient. However, the Administrator 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.
            ``(8) 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; or (vi) removal activities 
                at such facility.
                    ``(B) Additional activities.--Grants awarded under 
                this section also may be used (i) to obtain technical 
                assistance in gathering and interpreting information 
                used to rank facilities according to the Hazard Ranking 
                System, (ii) for gathering information to assess 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, (iv) to hire a community liaison 
                to potentially responsible parties and government 
                agencies, (v) to hire experts to file comments with 
                governmental agencies and generate other documents as 
                necessary to ensure full participation by the grant 
                recipient, (vi) to hire experts to provide input to the 
                design of any health studies that a government agency 
                performs, and (vii) for training funds for interested 
                affected community members to enable them to more 
                effectively participate in the remedy selection 
                process.
                    ``(C) Limitation.--Grants awarded under this 
                section may not be used for the purposes of collecting 
                field sampling data.
            ``(9) 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 
        Administrator.
            ``(10) Non-site-specific grants.--In accordance with the 
        rules promulgated by the Administrator, the Administrator may 
        make Technical Assistance Grant funds available to nonprofit 
        organizations and citizens groups to enhance their 
        participation in consensus-based rulemaking processes carried 
        out in accordance with this Act. Total funding for all such 
        grants shall not exceed $100,000.
    ``(f) Improving Citizen and Community Participation in the 
Superfund Decisionmaking Process.--(1)(A) In order to provide an 
opportunity for meaningful public participation in every significant 
phase of response activities under this Act, the President shall 
provide the opportunity for public meetings and publish a notice of 
such meetings before or during performance of each of the following:
            ``(i) The health assessment and the preliminary assessment 
        and site inspection, as appropriate. Where the President 
        determines a meeting is not appropriate at the preliminary 
        assessment and site inspection stage, the President shall 
        provide adequate public notice of that decision.
            ``(ii) The Remedial Investigation and Feasibility Study 
        (RI/FS).
            ``(iii) The announcement of the preferred remedial 
        alternative.
            ``(iv) The completion of the work plan for the RI/FS, 
        Remedial Design and Remedial Action.
    ``(B) Public meetings shall be designed to obtain information from 
the community and disseminate information to the community concerning 
the President's facility activities and pending decisions.
    ``(2) The President also shall provide reasonable notice of an 
opportunity for public participation in meetings in which--
            ``(A) the participants include Federal officials, or State 
        officials where the State is conducting response activities, 
        with authority to make significant decisions affecting a 
        response action, and any other person or persons, unless the 
        other person or persons are all coregulators that are not 
        potentially responsible parties, or government contractors; and
            ``(B) the subject of the meeting involves the development 
        of the work plan for the preliminary assessment and site 
        inspection, the RI/FS, Remedial Design or Remedial Action, or 
        any other phase of the remedial process for facilities on the 
        National Priorities List or in the State Registry.
    ``(3) 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.
    ``(4) 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, 
pollutants, or contaminants 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.
    ``(5) 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.
     ``(6) The President, with the assistance of the Citizen 
Information and Access Office (as provided for in subsection (h)), 
shall provide information to the community and seek comment from 
affected citizens throughout all significant phases of the response 
action at the facility. The President shall ensure that information 
gathered from affected citizens during community outreach efforts 
reaches appropriate technical staff in a timely and effective manner. 
The President also shall ensure reasonable written or other appropriate 
responses to such information.
     ``(7) 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.
    ``(8)(A) The President, in carrying out responsibilities under this 
Act, shall ensure that the presentation of information on risk is 
unbiased and informative. To the extent feasible, documents made 
available to the general public which purport to describe the degree of 
risk to human health shall, at a minimum, state--
            ``(i) the population or populations addressed by any risk 
        estimates;
            ``(ii) the expected risk or central estimate of risk for 
        the specific population;
            ``(iii) any appropriate upperbound and lower-bound 
        estimates; and
            ``(iv) the reasonable range or other description of 
        uncertainties in the assessment process.
    ``(B) To the extent practical and appropriate, the Administrator 
shall provide comparisons of the level of risk from hazardous 
substances found at facilities to comparable levels of risk from 
hazardous substances ordinarily encountered by the general public 
through other routes of exposure.
    ``(9) Notwithstanding any other provision of this subsection, in 
the case of a removal action taken in accordance with section 104 which 
is expected to extend beyond 180 days, the President shall comply with 
the requirements of this section. Whenever the planning period for a 
removal action is expected to be greater than 6 months, the 
Administrator shall provide the community with notice of the 
anticipated removal action and a public comment period of no less than 
30 days.''.

SEC. 102. COMMUNITY WORKING GROUPS.

    Section 117 (42 U.S.C. 9617) is amended by adding after subsection 
(f) (as added by this Act) the following new subsections:
    ``(g) Community Working Groups.--
            ``(1) Creation and responsibilities.--The President shall 
        provide the opportunity for the establishment of a 
        representative public forum, known as a Community Working Group 
        (CWG), to achieve direct, regular, and meaningful consultation 
        with all interested parties throughout all stages of a response 
        action whenever--
                    ``(A) the President determines such a group will be 
                helpful; or
                    ``(B) 50 citizens, or at least 20 percent of the 
                population of a locality in which the National 
                Priorities List facility is located, petition for a 
                Community Working Group to be established.
            ``(2) Duties.--Each Community Working 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 Working 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 
        Working Group shall allow the presentation of divergent views.
            ``(3) Land use recommendations.--To obtain greater 
        community support for remedial decisions affecting future land 
        use, the President shall consult with the CWG on a regular 
        basis throughout the remedy selection process regarding the 
        reasonably anticipated future use of land at the facility and 
        any institutional controls required to assure that land use 
        determinations remain in effect. The CWG may offer 
        recommendations on the reasonably anticipated future use of 
        land at the facility to the President at any time prior to the 
        selection of a remedy at the facility. The land use 
        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 
        CWG. However, the President shall give substantial weight to 
        the CWG's land use recommendation when the CWG achieves 
        consensus on the reasonably anticipated future use of land at 
        the facility. In cases in which there is substantive 
        disagreement within the CWG over a recommendation regarding the 
        reasonably anticipated future use of land at the facility, the 
        President shall make reasonable efforts to reconcile the 
        differences. In the event of continued substantive 
        disagreement, substantial weight shall be given to the views of 
        the residents in the affected community. Should the President 
        make a determination that is inconsistent with a consensus CWG 
        recommendation on the reasonably expected future use of land at 
        the facility, the President shall issue a written explanation 
        for the inconsistency.
            ``(4) Community working group input.--With the exception of 
        land use recommendations, input received from the Community 
        Working Groups shall be considered by the President to be of 
        equal weight with the advice received from the Technical 
        Assistance Grant recipients and other affected community 
        members.
            ``(5) Community working group members.--Members shall serve 
        on the Community Working Group without pay. Membership on the 
        Community Working Group shall not exceed 20 persons. The 
        President shall solicit and accept nominations for the 
        Community Working Group membership. Ultimate selection of CWG 
        members shall be made by the President after consultation with 
        the Citizen Information and Access Office as provided for in 
        subsection (h). The President shall also provide notice and 
        opportunity to participate to persons who are or historically 
        have been disproportionately affected by facility contamination 
        in their community. Each Community Working Group shall, to the 
        extent practicable, reflect the composition of the community 
        near the facility and the diversity of interest. Local 
        residents shall comprise no less than 50 percent of the total 
        membership of the CWG. In general, the President shall allow 
        members of the following groups representation on a CWG:
                    ``(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.
                    ``(D) Representatives of local Indian tribes or 
                Indian communities.
                    ``(E) Local representatives of citizen, 
                environmental, or public interest groups with members 
                residing in the community.
                    ``(F) 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.
                    ``(G) Workers at the facility who will be involved 
                in actual response operations.
                    ``(H) Workers employed at the facility during 
                facility operation.
                    ``(I) Facility owners and local representatives of 
                the significant Potentially Responsible Parties (PRPs), 
                who represent, wherever practicable, a balance of PRP 
                interests.
                    ``(J) Members of the local business community.
            ``(6) Technical and administrative support for community 
        working groups.--The President shall provide administrative 
        services and meeting facilities for Community Working Groups. 
        The Administrator of Environmental Protection Agency, the 
        Administrator of the Agency for Toxic Substances and Disease 
        Registry and the State, as appropriate, shall participate in 
        Community Working Group meetings to provide information and 
        technical expertise, but shall not be members of the Community 
        Working Group.
            ``(7) Other public comment.--The existence of a CWG shall 
        not diminish any other obligation of the President to consider 
        the views of any person in selecting response actions under 
        this Act.
    ``(h) Citizen Information and Access Offices.--
            ``(1) Establishment of citizen information and access 
        offices.--Within 18 months after the date of enactment of the 
        Superfund Reform Act of 1994, a Citizen Information and Access 
        Office (CIAO) shall be established within each State to perform 
        the functions provided in this subsection. The CIAO shall be an 
        independent special purpose unit of the government, subject to 
        the administrative laws of the State, including any sunshine 
        laws. If a CIAO has not been established in a State within such 
        18 months, the Administrator shall establish an office within 
        the Agency to perform the functions of the CIAO in that State 
        until such time as a CIAO is established.
            ``(2) Primary functions.--Each Citizen Information and 
        Access Office shall have the following primary functions:
                    ``(A) The Citizen Information and Access Office 
                shall inform citizens and elected officials at all 
                levels of government of the existence of State Registry 
                and National Priorities List facilities in the State.
                    ``(B) The Citizen Information and Access Office 
                shall provide citizens with a description of the 
                identification and response process under this Act and 
                citizens' legal rights within that process. It may 
                include identification of resources, including 
                Technical Assistance Grants, that are available to 
                assist affected citizens in participating effectively 
                in the Superfund process. Information shall be 
                disseminated in a manner that is easily understood by 
                the community, considering any unique cultural needs of 
                the community, including presentation of information 
                orally and distribution of information in languages 
                other than English as appropriate. Other information 
                that the CIAO shall provide to the public may include 
                the following:
                            ``(i) The possibility, where relevant, that 
                        a community may qualify to receive an 
                        alternative water supply or relocation 
                        assistance.
                            ``(ii) The potential for or existence of a 
                        Community Working Group.
                            ``(iii) A description of the facility's 
                        location and characteristics, the hazardous 
                        substances, pollutants or contaminants present, 
                        the known exposure pathways, and the steps 
                        being taken to assess the risk presented by the 
                        facility. The Citizen Information and Access 
                        Office shall disseminate information 
                        characterizing the risks presented by a 
                        facility. Where a CIAO receives conflicting 
                        information from the President and the 
                        Community Working Group, the CIAO will make 
                        every effort to resolve any apparent difference 
                        in information on the risks present at the 
                        facility before it distributes that information 
                        to the public. Where no agreement is reached 
                        among the Citizen Information and Access 
                        Office, the President, and the Community 
                        Working Group, the Citizen Information and 
                        Access Office shall disseminate such 
                        information reflecting the differing views 
                        about the risk presented by the facility. The 
                        Citizen Information and Access Office shall 
                        seek to ensure that the information it 
                        disseminates is based on the most current 
                        technical and scientific data in its possession 
                        for any State Registry or National Priorities 
                        List facility.
                    ``(C) The Citizen Information and Access Office 
                shall serve as an information clearinghouse in each 
                State. Its functions also shall include maintaining 
                records of each facility's status and any health data 
                generated concerning National Priorities List 
                facilities in each State. The facility data maintained 
                by the Citizen Information and Access Office shall also 
                include--
                            ``(i) a record of any institutional 
                        controls at all facilities in the State;
                            ``(ii) any annual health data generated in 
                        connection with the facility;
                            ``(iii) the location of each facility on 
                        the State Registry;
                            ``(iv) to the extent available, the 
                        hazardous substances or pollutants or 
                        contaminants present at each facility in the 
                        State, including the volume of the hazardous 
                        substances or pollutants or contaminants;
                            ``(v) the exposure pathways, current 
                        exposure (if any), potential future exposure, 
                        and risks to human health or the environment, 
                        after seeking to resolve any discrepancies as 
                        provided in subparagraph (B)(iii);
                            ``(vi) protective concentration levels 
                        established for the facility;
                            ``(vii) the biennial Environmental Justice 
                        Report prepared pursuant to this section; and
                            ``(viii) any report generated during the 
                        review conducted in accordance with section 
                        121(c).
                    ``(D) The Citizen Information and Access Office 
                shall assist the Administrator in the Administrator's 
                efforts to disseminate information, notify citizens of 
                public meetings, notify potential Community Working 
                Group members, and other tasks, as appropriate.
                    ``(E) The Citizen Information and Access Office 
                shall collect available information from the 
                Administrator or other Federal or State agencies 
                regarding the continued effectiveness of removal and 
                remedial actions taken in the State.
                    ``(F) The Citizen Information and Access Office 
                shall conduct outreach activities and provide 
                information to small disadvantaged businesses about 
                Federal and State contracting and (to the extent 
                available) subcontracting opportunities at facilities 
                in the State.
            ``(3) Funding.--Funding for all Citizen Information and 
        Access Offices, collectively, shall not exceed $50,000,000 per 
        year. The Administrator shall publish guidelines establishing a 
        formula for determining the actual amount of funding for each 
        Citizen Information and Access Office and procedures for 
        awarding grants to any CIAO. The formula shall include factors 
        such as the number and complexity of State Registry and 
        National Priorities List facilities in the State. The funding 
        shall be available directly to each Citizen Information and 
        Access Office or, in States where no CIAO is established, the 
        funding shall be made available to the Administrator to carry 
        out the responsibilities of this subsection in that State or 
        for the use of the entity with whom the Administrator contracts 
        to perform the functions of the CIAO.
            ``(4) Citizen information and access office governing 
        board.--
                    ``(A) Establishment.--Each Citizen Information and 
                Access Office shall establish a volunteer Citizen 
                Governing Board which shall have the ultimate 
                responsibility for ensuring that the Citizen 
                Information and Access Office is properly managed.
                    ``(B) Citizen information and access office 
                governing board members.--
                            ``(i) Nominations.--Citizens active in 
                        State Registry and National Priorities List 
                        facility communities shall nominate persons for 
                        board membership.
                            ``(ii) Appointments.--The Governor of each 
                        State shall appoint, from those nominees put 
                        forward, between 7 and 15 citizens to serve as 
                        board members.
                            ``(iii) Members qualifications.-- Where 
                        possible, the Governor shall ensure that one-
                        half of the appointees reside in communities 
                        affected by a variety of National Priorities 
                        List facilities in the State, and the other 
                        half reside in communities affected by a 
                        variety of non-NPL State Registry facilities in 
                        the State. Board members shall have a 
                        demonstrated commitment to the needs of the 
                        citizens in these communities, and shall 
                        reasonably reflect the racial and ethnic 
                        composition of these communities. Special 
                        efforts shall be made to nominate citizens who 
                        are or historically have been 
                        disproportionately adversely affected by 
                        facility contamination.
                            ``(iv) Experience.--Where possible, Board 
                        members should have a background in a field of 
                        study related to the scientific and technical 
                        issues common to Superfund facilities, or have 
                        practical experience related to the Superfund 
                        program.
                            ``(v) Terms.--Board members shall serve for 
                        limited, staggered terms.
            ``(5) Citizen information and access office staff.--Each 
        Citizen Information and Access Office shall have a permanent 
        staff to assist in carrying out its functions. Staff shall have 
        demonstrated qualifications for working with citizens in 
        communities located near State Registry or National Priorities 
        List facilities, and shall also meet other criteria established 
        by the President in consultation with the Citizen Information 
        and Access Office Citizen Governing Board. An Executive 
        Director or President, selected by the full Governing Board, 
        shall be responsible for all Citizen Information and Access 
        Office staffing decisions.
            ``(6) Federal oversight of citizen information and access 
        office.--
                    ``(A) Report.--The Citizens Information and Access 
                Office shall report annually to the Administrator 
                regarding performance of its duties and shall provide a 
                detailed accounting of its use of funds under this 
                section.
                    ``(B) Verification by inspector general.--The 
                Inspector General of the Environmental Protection 
                Agency shall periodically review the programs and 
                reports made under this section.
                    ``(C) Consequences of failure.--The Administrator 
                may withhold any funding authorized under this section 
                if the Administrator determines, after notice to the 
                affected CIAO, that the CIAO has expended funds in a 
                manner inconsistent with this section.
            ``(7) Citizen information and access offices and community 
        working groups for tribal peoples.--Members of Indian tribes 
        affected by a facility on the National Priorities List may 
        petition the Administrator to form a body that is the 
        equivalent of a State Citizen Information and Access Office. 
        Notwithstanding the creation of a tribal Citizen Information 
        and Access Office, the State Citizen Information and Access 
        Office shall be responsible for providing information and 
        expertise to tribal members as well as other citizens in the 
        State. Tribal members may establish Community Working Groups 
        under subsection (g) regardless of whether there exists a 
        tribal Citizen Information and Access Office or other tribal 
        program relating to this Act.
    ``(i) Environmental Justice Study.--
            ``(1) Report by the administrator.--The Administrator shall 
        prepare and submit to Congress an Environmental Justice Study 
        two years after the date of enactment of the Superfund Reform 
        Act of 1994 and every 2 years thereafter. Such study also shall 
        be provided to the Citizen Information Access Offices. The 
        Administrator and Citizen Information Access Offices shall 
        ensure that copies of such studies are made available to the 
        public.
            ``(2) Content of the report.--The Administrator's report 
        shall include an analysis of each facility which shall compare 
        information on priority setting, response actions, and public 
        participation requirements conducted under this Act to the 
        population, race, ethnicity, and income characteristics of each 
        community affected by each facility.
            ``(3) Evaluation.--The Administrator shall evaluate the 
        information in the study to determine whether priority setting, 
        response actions, and public participation requirements were 
        conducted in a fair and equitable manner and identify program 
        areas that require improvements or modification.
            ``(4) Actions based on evaluation.--The Administrator shall 
        institute the necessary improvements or modifications to 
        address any deficiencies identified in the study prepared under 
        this section.''.

SEC. 103. HAZARD RANKING SYSTEM.

    (a) In General.--Section 105 (42 U.S.C. 9605(a)) is amended as 
follows:
            (1) By inserting after subsection (g) the following new 
        subsections:
    ``(h) Hazard Ranking System.--In setting priorities under 
subsection (a)(8), the President--
            ``(1) shall group facilities together, even if they are not 
        adjacent or geographically juxtaposed, and score them as a 
        single facility where more than one facility listed on the 
        State Registry results in hazardous substances exposures to the 
        same population;
            ``(2) may take into account to the maximum extent 
        technically feasible any history of exposure to hazardous 
        substances in the community regardless of the source of 
        exposure, in placing facilities on the National Priorities 
        List;
            ``(3) shall take into account the use of land or waterways 
        for subsistence, religious, spiritual, or cultural practices 
        where such use results in additional exposures, in placing 
        facilities on the National Priorities List;
            ``(4) shall conduct interviews with persons affected by the 
        facility and living in the community and solicit their input 
        and information in the hazard ranking system evaluation; and
            ``(5) shall place highest priority on facilities with 
        releases of hazardous substances which result in actual ongoing 
        human exposures at levels resulting in demonstrated adverse 
        health effects as shown in a health assessment conducted by the 
        Agency for Toxic Substances and Disease Registry.
    ``(i) Environmental Justice Facility Scoring.--The Administrator 
shall evaluate major urban areas and any other areas where 
environmental justice concerns may warrant special attention (such as 
tribal lands or poor rural communities) and identify 5 facilities in 
each region of the Environmental Protection Agency that are, or that 
should be, on the State Registry and that are likely to warrant 
inclusion on the National Priorities List. These facilities shall be 
accorded a priority in evaluation for NPL listing and scoring, and 
shall be evaluated for listing within 2 years after the date of 
enactment of the Superfund Reform Act of 1994.''.
            (2) By striking the period at the end of paragraph (10) of 
        subsection (a) and inserting a semicolon and by adding the 
        following new paragraphs after such paragraph (10):
            ``(11) a process and procedure for reviewing petitions to 
        reevaluate a facility not on the National Priorities List for 
        inclusion on the National Priorities List where paragraphs (1), 
        (2), and (3) of subsection (h) are relevant; and
            ``(12) alternative procedures for conducting response 
        measures, including remedial investigations, feasibility 
        studies, remedial designs, and remedial actions, which 
        procedures shall--
                    ``(A) utilize a results-oriented approach in order 
                to minimize the time required to conduct response 
                measures, and reduce the potential for exposure to 
                hazardous substances, in an efficient, timely, and 
                cost-effective manner; and
                    ``(B) be conducted in accordance with specified 
                methods and criteria, including directives, standards, 
                and time limits, for the implementation of the 
                alternative procedures.''.
    (b) Procedures.--The national contingency plan shall be amended 
within 180 days after the date of the enactment of this Act to include 
procedures required by section 105(a)(12) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, after 
notice and opportunity for public comment. Procedures described in such 
section shall be subject to the requirements of section 117, section 
120, section 121, and any other provision of such Act in the same 
manner and to the same degree as these sections and provisions apply to 
such response measures.

SEC. 104. 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. 105. SUBSTANCE PROFILES.

    Section 104(i)(3) (42 U.S.C. 9604(i)(3)) is amended as follows:
            (1) By inserting ``(A)'' after ``(3)''.
            (2) By redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively.
            (3) By striking out the matter beginning with ``Any 
        toxicological profile or revision thereof'' and all that 
        follows through the end of such paragraph and inserting in lieu 
        thereof the following:
    ``(B) Any toxicological profile or revision thereof shall reflect 
the Administrator of ATSDR's assessment of all relevant toxicological 
testing which has been peer reviewed. The profiles prepared under this 
paragraph shall be for those substances highest on the list of 
priorities under paragraph (2) for which profiles have not previously 
been prepared or for substances not on the listing but which have been 
found at non-National Priorities List facilities and which have been 
determined by ATSDR to be of critical health concern. Profiles required 
under this paragraph shall be revised and republished as necessary, 
based on scientific need. Such profiles shall be provided to the States 
and made available to other interested parties.''.

SEC. 106. 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. 107. 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) The Administrator of ATSDR shall perform a 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 established under section 105 of this Act. The 
public health assessment shall be commenced as soon as practicable 
after each facility is proposed for inclusion on the National 
Priorities List and shall be completed not later than the date of 
issuance of a remedial investigation and feasibility study for the 
facility to allow full consideration in selecting the remedial action 
of the public health implicaitons of any release.''.
            (2) In subparagraph (D), by inserting ``(i)'' after ``(D)'' 
        and by adding the following at the end of the subparagraph: 
        ``The Administrator 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 
        Administrator 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 Administrator as 
        soon as practicable after site discovery, recommendations for 
        sampling environmental media for hazardous substances of public 
        health concern. To the extent feasible, the Administrator 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 
        data from Community Working Groups (`Community Working Groups') 
        and from other sources in communities affected or potentially 
        affected by releases of hazardous substances, pollutants, or 
        contaminants 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. Each Community Working Group (or affected 
        community where no Community Working Group exists) shall be 
        permitted to play an active and early role in reviewing health 
        assessment designs. 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. 108. 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. 109. 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. 110. 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 giving 
        consideration to those colleges and universities that are 
        historically black colleges and universities and to other 
        educational institutions that primarily serve minorities or 
        represent the interests of affected communities''.
            (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 release 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 for the establishment of environmental health clinics, or 
health services in existing clinics, serving communities affected by 
the release of hazardous substances. Such clinics shall provide 
diagnostic services, specialized treatment, health data registries and 
preventative public health education.''.

SEC. 111. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS.

    Section 121(c) (42 U.S.C. 9621(c)) is amended in the first sentence 
by inserting after ``remedial action'' the second time it appears the 
following: ``, including public health recommendations and decisions 
resulting from activities under section 104(i),''.

SEC. 112. CLARIFICATION OF ATSDR AUTHORITY.

    Section 111(c)(4) (42 U.S.C. 9611(c)(4)) is amended by inserting 
``establishment of environmental health clinics and health services,'' 
after ``assessments,''.

SEC. 113. RECRUITMENT AND TRAINING DEMONSTRATION PROGRAM.

    (a) In General.--The Administrator of the Environmental Protection 
Agency is authorized to carry out a demonstration program to assist in 
the recruitment and training of individuals from areas affected by 
National Priority List facilities for employment in remediation 
activities conducted at such facilities.
    (b) Funding.--Amounts made available from the Hazardous Substance 
Response Fund by section 111(q) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 shall also be 
available to carry out this section.

SEC. 114. TRANSITION.

    (a) Effective Date in General.--Except as provided in subsection 
(b), this title and the amendments made by this title shall become 
effective upon the date of enactment of this Act.
    (b) Special Rule.--The requirements of paragraphs (1) through (4) 
of section 117(f) and paragraph (1) of section 117(g) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as added by sections 101 and 102, shall become effective 180 
days after the date of enactment of this Act.

                         TITLE II--STATE ROLES

SEC. 201. CONTRACTS OR COOPERATIVE AGREEMENTS WITH STATES.

    Title I is amended by adding after section 126 the following new 
section:

``SEC. 127. CONTRACTS OR COOPERATIVE AGREEMENTS WITH STATES.

    ``(a) In General.--
            ``(1) Application for authority to take preremedial action 
        at non-npl facilities.--A State may apply to the Administrator 
        to take or require preremedial actions (including removal 
        actions) under a contract or cooperative agreement as provided 
        in this section at any non-federally owned or operated facility 
        within the boundaries of the State that is not listed on the 
        National Priorities List (NPL).
            ``(2) Application for authority to take response action at 
        npl facilities.--A State may apply to the Administrator to take 
        or require response actions, including selection and 
        enforcement of remedial actions and use of allocation 
        procedures under section 130, under a contract or cooperative 
        agreement as provided in this section at any non-federally 
        owned or operated facility within the boundaries of the State 
        that is listed on the National Priorities List (NPL) or to take 
        or require removal actions at any facility proposed for listing 
        on the National Priorities List.
            ``(3) Approval of application.--The Administrator shall 
        enter into a contract or cooperative agreement under this 
        section if the Administrator determines that the State--
                    ``(A) meets the qualification requirements set 
                forth in the regulations promulgated pursuant to 
                subsection (b); and
                    ``(B) with respect to authority to select remedial 
                actions and use allocation procedures, meets the 
                qualification requirements set forth in subsection (c).
    ``(b) Regulations.--The Administrator, in consultation with the 
States, shall promulgate regulations to implement this section. The 
regulations shall provide such additional qualifications for a contract 
or cooperative agreement under this section as the Administrator 
considers reasonable, including qualifications applicable to particular 
types of preremedial or response actions. The regulations shall include 
a requirement that, in order for a State to qualify for a contract or 
cooperative agreement with respect to a facility under this section, 
the State may not be a major potentially responsible party with respect 
to that facility.
    ``(c) Qualification Requirements With Respect to Selection of 
Remedial Action and Use of Allocation Procedures.--For purposes of 
subsection (a)(3)(B), with respect to a contract or cooperative 
agreement under this section for authority to select remedial action or 
to use the allocation procedures under section 130, the Administrator 
also shall make each of the following determinations:
            ``(1) The State has the capability to select remedial 
        actions or to use the allocation procedures under section 130, 
        including adequate legal authority, financial and personnel 
        resources, organization, and expertise.
            ``(2) The State meets any other qualifications set forth in 
        the regulations promulgated under subsection (b) for selecting 
        remedial actions or using the allocation procedures.
            ``(3) The State demonstrates a historical record of 
        performing similar response actions.
    ``(d) Requirements for Selection of Remedial Action.--In any 
contract or cooperative agreement that allows a State to select 
remedial actions, the State shall agree to select such remedial actions 
in accordance with all of the procedures and requirements set forth in 
sections 117 and 121 of this Act, the National Contingency Plan, and 
any other relevant regulations and guidelines adopted by the 
Administrator.
    ``(e) State Authority Regarding Enforcement of Selected Remedial 
Action.--(1) A State that selects a remedial action pursuant to a 
contract or cooperative agreement entered into under subsection (a) 
shall have the authority to enforce the requirements of such remedial 
action pursuant to section 121(f)(4).
    ``(2) Such State also shall have the authority to enforce 
compliance with any standard, regulation, condition, requirement, 
order, or final determination of the State with respect to the remedial 
action. Such State also may seek civil penalties not to exceed $25,000 
per day for any violation of such standard, regulation, condition, 
requirement, order, or final determination. Such State may commence an 
action seeking such relief unless the standard, regulation, condition, 
requirement, order, or final determination is arbitrary, capricious, or 
contrary to law when reviewed upon the administrative record presented 
by the State.
    ``(3) In addition, if expressly provided in the contract or 
cooperative agreement, such State may waive a Federal requirement 
applicable to the remedial action in accordance with section 121.
    ``(f) Requirements for Enforcement and Allocation.--
            ``(1) Enforcement.--In the case of a contract or 
        cooperative agreement providing for a State to initiate an 
        enforcement action with respect to a facility for purposes of 
        recovering costs or compelling performance of a remedy at the 
        facility, the contract or cooperative agreement shall require 
        the State to provide for expedited settlements under section 
        122.
            ``(2) Use of allocation procedures.--(A) In the case of a 
        contract or cooperative agreement providing for a State to 
        initiate an enforcement action with respect to a facility 
        subject to mandatory allocation pursuant to section 130(a)(1), 
        the contract or cooperative agreement shall require the State 
        to use allocation procedures with respect to the facility. The 
        contract or cooperative agreement shall require the State to 
        initiate the allocation process by certifying each of the 
        following:
                    ``(i) The State has completed a potentially 
                responsible party search substantially consistent with 
                subsection (c) of section 130 and will make the results 
                of that search available to the allocator and the 
                parties.
                    ``(ii) The State has notified Federal, State, and 
                tribal natural resource trustees of the commencement of 
                the allocation process and, pursuant to section 
                104(b)(2), of potential damages to natural resources.
                    ``(iii) The facility would be subject to mandatory 
                allocation under section 130(a)(1) if the President 
                were conducting the response action.
            ``(B) After the State has made a certification under 
        subparagraph (A), the Administrator shall initiate an 
        allocation in accordance with the terms of section 130. The 
        Administrator may assign to the State, by cooperative agreement 
        or otherwise, any responsibilities to conduct the allocation, 
        except that the Administrator and Attorney General shall retain 
        their authority relating to orphan share funding as provided by 
        this paragraph and in section 130, including the timing and 
        terms of payment.
            ``(C) The State may accept or reject the allocation report 
        on the same basis as provided in section 130(l). If the State 
        does not reject the allocation, it shall use the allocator's 
        report as the basis of State settlements. The State may recover 
        the costs of the allocation pursuant to State law or the 
        provisions of this Act.
            ``(D) The President, through either the Administrator or 
        the Attorney General, or both, may participate in any phase of 
        an allocation proceeding where an orphan share is identified 
        according to the factors set forth in section 130.
            ``(E) If the State accepts an allocation report as the 
        basis for its settlements, and the allocation report identifies 
        an orphan share subject to Federal funding, the State shall 
        apply for such funding by certifying each of the following to 
        the Administrator and the Attorney General:
                    ``(i) The allocation presents a reasonable basis 
                for resolving responsibility for the facility.
                    ``(ii) The assignment of an orphan share shall be 
                in accordance with section 130.
            ``(F) The Administrator and the Attorney General shall 
        accept a State's request for orphan share funding supported by 
        an allocation report and the certification described in 
        subparagraph (E), unless the Administrator and Attorney General 
        determine, within 120 days after the request by the State, that 
        the allocation does not meet the standards set forth in section 
        130. Such determination shall be made in the same manner, and 
        shall be subject to the same limitations, as set forth in 
        section 130.
            ``(G) The contract or cooperative agreement shall provide 
        the following:
                    ``(i) The Administrator may deduct from orphan 
                share funding the costs incurred in conducting the 
                allocation.
                    ``(ii) The State may use the orphan share funding 
                only to fund response actions through settlement or to 
                reimburse parties performing work in excess of the 
                share assigned to them in allocation. No such 
                reimbursement may exceed the reimbursement level 
                available under section 130.
            ``(H) The State may recover funds provided through orphan 
        share funding from nonsettling responsible parties pursuant to 
        State law or the provisions of this Act. Seventy-five percent 
        of such recoveries shall be returned to the Fund. The remaining 
        25 percent shall be used for any other response action by the 
        recovering State.
            ``(3) Covenants.--(A) In a case in which either the 
        President, acting under the authority of this Act, or a State, 
        acting pursuant to a contract or cooperative agreement under 
        this section, has responsibility for selecting a response 
        action at a facility listed or proposed for listing on the 
        National Priorities List and enters an administrative or 
        judicial settlement to resolve the liability of responsible 
        parties at the facility, the President or the State may confer, 
        in accordance with requirements relating to covenants of 
        sections 122 and 130, a covenant that will preclude some or all 
        administrative or judicial action by both the President and the 
        State to recover response costs or to compel response actions 
        at the facility with respect to matters addressed in the 
        settlement, except that such covenants shall not be binding on 
        the governmental entity that did not confer the covenant to the 
        extent that--
                    ``(i) the covenant purports to address natural 
                resource damages; or
                    ``(ii) the President or the State has not been 
                provided notice of, and an opportunity to participate 
                in, the settlement concerning the response action; or
                    ``(iii) the President or the State objects to the 
                settlement within 120 days of the date of signature for 
                the record of decision or receipt of notice of the 
                settlement, whichever is later.
            ``(B) The covenants described by this paragraph may be 
        conferred by either the Administrator or the State with respect 
        to a facility owned or operated by any department, agency, or 
        instrumentality of the United States (including the executive, 
        legislative, and judicial branches of government). The 
        Administrator may confer a covenant in an administrative order, 
        consent decree, or an interagency agreement. The State may 
        confer a covenant in an administrative order or a consent 
        decree.
    ``(g) Terms and Conditions; Enforcement.--
            ``(1) In general.--A contract or cooperative agreement 
        under this section shall be subject to such terms and 
        conditions as the Administrator may prescribe. If a State fails 
        to comply with a requirement of a contract or cooperative 
        agreement, the Administrator, after 90 days notice to the 
        affected State, may seek in the appropriate United States 
        district court to ensure performance of the response action, or 
        to recover any funds advanced or any costs incurred because of 
        the breach.
            ``(2) Specific terms.--A contract or cooperative agreement 
        under this section shall include the following requirements:
                    ``(A) A requirement that the State shall exercise 
                any authority conferred by this section or the contract 
                or cooperative agreement on behalf of the State, and 
                not on behalf of or in the name of the Administrator, 
                the President, or the United States.
                    ``(B) A requirement that the State have and 
                maintain sufficient legal authority under applicable 
                State law to enter into the contract or cooperative 
                agreement.
                    ``(C) A requirement that the Administrator retain 
                authority to terminate and recoup funding, and to 
                terminate the contract or cooperative agreement, if the 
                State fails to perform the contract or cooperative 
                agreement in a manner consistent with this Act. At 
                least 90 days before terminating any contract or 
                cooperative agreement with a State, the Administrator 
                shall provide to the State a written explanation of the 
                reasons for the proposed termination and afford an 
                opportunity to the State to discuss the termination and 
                to propose actions to correct any deficiencies.
                    ``(D) A requirement imposing a nondiscretionary 
                duty on the Administrator to perform or compel 
                expeditious performance of response actions under the 
                contract or cooperative agreement if the State fails to 
                comply with the terms of the contract or cooperative 
                agreement.
    ``(h) Savings Clause.--Nothing in this section shall affect the 
exercise by a State of any other authorities that may be applicable to 
facilities in such State.''.

SEC. 202. STATE COST SHARE.

    Section 104(c) is amended by adding at the end the following new 
paragraphs:
    ``(10) Existing Contracts and Cooperative Agreements.--The 
requirements of paragraphs (3), (6), and (7) of this subsection shall 
apply only to contracts and cooperative agreements pursuant to section 
104(d) entered into prior to the enactment of the Superfund Reform Act 
of 1994.
    ``(11) State Cost Share.--After the date of enactment of the 
Superfund Reform Act of 1994, the Administrator shall not provide any 
funding under this subsection or section 127, or any response action 
pursuant to this section, except for emergency removal actions, unless 
the State in which the release or threatened release occurs has entered 
into a contract or cooperative agreement pursuant to this subsection or 
section 127 that provides assurances, deemed adequate by the 
Administrator, that--
            ``(A) the State will pay or assure payment of 15 percent of 
        the cost of such response action or funding, including 15 
        percent of orphan share funding and operation and maintenance 
        costs; and
            ``(B) the State will assure oversight of any operation and 
        maintenance of funded response actions.''.

SEC. 203. SITING.

    Section 104(c)(9) is amended to read as follows:
    ``(9) Siting.--Effective 1 year after the date of enactment of the 
Superfund Reform Act of 1994, the President shall not provide any 
remedial actions pursuant to this section or section 127 unless the 
State in which the release occurs submits a report describing its plans 
for adequate treatment, storage, and disposal capacity of hazardous 
wastes generated within the State, in accordance with guidelines issued 
by the Administrator.''.

SEC. 204. THE STATE REGISTRY.

    Section 105(a)(8) of the Act (42 U.S.C. 9605(a)(8)) is amended by 
adding after subparagraph (B) the following new subparagraph:
            ``(C) State registry.--Each State shall maintain and make 
        available to the public a list of facilities in the State that 
        are believed to present a current or potential hazard to human 
        health or the environment due to the release or threatened 
        release of hazardous substances or pollutants or contaminants. 
        Each State, in consultation with the Administrator and other 
        appropriate Federal agencies, shall update such listing on an 
        annual basis.''.

SEC. 205. CONFORMING AND MISCELLANEOUS AMENDMENTS.

    (a) Transfer of Section 121(e)(2).--(1) Section 121(e) is amended--
            (A) by striking out paragraph (2); and
            (B) by striking out ``Permits and Enforcement.--(1)'' and 
        inserting ``Permits.--''.
    (2) Section 121(f) is amended by adding at the end the following 
new paragraphs:
    ``(4) A State may enforce any Federal or State standard, 
requirement, criteria, or limitation to which the remedial action is 
required to conform under this Act in the United States district court 
for the district in which the facility is located.
    ``(5) The President shall modify regulations promulgated pursuant 
to paragraph (1) to provide to any State within a 50-mile radius of a 
remedial action at a Federal facility the same opportunity as is 
provided pursuant to paragraph (1)(E) to the State in which the 
remedial action is to be undertaken.''.
    (b) Section 126(a).--Section 126(a) is amended by adding after 
``section 104(i) (regarding health authorities)'' the following: ``, 
section 127 (regarding contracts and cooperative agreements), section 
128 (regarding voluntary response actions), subsection (f) of section 
121 (relating to cleanup standards), section 122(d)(1)(D) (relating to 
compliance with consent decrees),''.
    (c) Section 310(a).--Section 310(a) is amended by inserting 
``(including any State)'' after ``person''.
    (d) Transition.--Subsection (d) of section 104 is amended by adding 
at the end the following new paragraph:
    ``(5) Termination.--This subsection shall cease to be in effect on 
the effective date of regulations promulgated to implement section 127, 
as added by the Superfund Reform Act of 1994.''.

SEC. 206. STUDY OF AUTHORIZATION OF STATES TO CARRY OUT SUPERFUND.

    The Administrator of the Environmental Protection Agency shall 
conduct a study of the feasibility of authorizing States to use their 
own laws to carry out the provisions of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 in lieu of the 
Federal program established under such Act.

SEC. 207. STATE ROLE AT FEDERAL FACILITIES.

    Subsection (g) of section 120 is amended to read as follows:
    ``(g) Transfer of Authorities.--
            ``(1) State application for transfer of authorities.--A 
        State may apply to the Administrator to exercise the 
        authorities vested in the Administrator under this section at 
        any or all facilities owned or operated by any department, 
        agency, or instrumentality of the United States (including the 
        executive, legislative, and judicial branches of government), 
        including the authority--
                    ``(A) to publish a timetable and deadlines for 
                completion of any remedial investigation and 
                feasibility study;
                    ``(B) to review and approve all documents prepared 
                in connection with any such investigation and study;
                    ``(C) to select and approve remedies; and
                    ``(D) to enter into and enforce, through judicial 
                or administrative means, agreements, orders, and 
                consent decrees entered into pursuant to this Act.
            ``(2) Transfer of authorities.--The Administrator shall 
        enter into a contract or cooperative agreement to transfer the 
        authorities described in paragraph (1) if the Administrator 
        determines the following:
                    ``(A) The State has the ability to exercise such 
                authorities in accordance with this Act, including 
                adequate legal authority, financial and personnel 
                resources, organization, and expertise.
                    ``(B) The State demonstrates experience in 
                exercising similar authorities.
            ``(3) Effect of authorization under solid waste disposal 
        act.--In the review by the Administrator of an application of a 
        State for transfer of authorities under this subsection, if the 
        State is authorized to implement a State hazardous waste 
        program pursuant to section 3006 of the Solid Waste Disposal 
        Act (42 U.S.C. 6926), the following provisions apply:
                    ``(A) With respect to a State that is a signatory 
                to an interagency agreement under subsection (e)(2) 
                that is in effect on the effective date of the 
                Superfund Reform Act of 1994, the Administrator, in 
                making the determinations referred to in paragraph (2), 
                shall accord substantial weight to the State's 
                hazardous waste program authorization and the 
                Administrator's findings in approving such 
                authorization.
                    ``(B) With respect to a State whose authorization 
                under such section 3006 includes authorization to 
                implement the corrective action provisions of the Solid 
                Waste Disposal Act, the Administrator shall approve the 
                application and provide for the orderly transfer of 
                authorities as expeditiously as possible, but in no 
                case later than 6 months after the date of receipt of 
                the application, unless the parties agree to another 
                deadline.
            ``(4) Effect of transfer.--Any State to which authorities 
        are transferred under this subsection shall not be deemed to be 
        an agent of the President but shall exercise such authorities 
        in its own name.
            ``(5) Deadlines.--Except as provided in paragraph (3)(B), 
        the Administrator shall make a determination on an application 
        from a State under this subsection not later than 90 days after 
        the date the Administrator receives the application.
            ``(6) Withdrawal of authorities.--(A) The Administrator may 
        withdraw the authorities transferred under this subsection in 
        whole or in part if the Administrator determines--
                    ``(i) that the State, in whole or in part, is 
                exercising such authorities in a manner clearly 
                inconsistent with the requirements of this Act; or
                    ``(ii) in the case of a State that was approved 
                under paragraph (3)(B), that the State is no longer 
                authorized to implement the corrective action 
                provisions of the Solid Waste Disposal Act.
            ``(B) At least 90 days before withdrawing any such 
        transferred authorities from a State, the Administrator shall 
        provide to the State a written explanation of the reasons for 
        the proposed withdrawal and afford an opportunity to the State 
        to discuss the withdrawal and to propose actions to correct any 
        deficiencies.
            ``(7) Limitation.--Except for authorities that are 
        transferred by the Administrator to a State pursuant to this 
        subsection, or that are transferred by the Administrator to an 
        officer or employee of the Environmental Protection Agency, no 
        authority vested in the Administrator under this section may be 
        transferred, by executive order of the President or otherwise, 
        to any other officer or employee of the United States or to any 
        other person. Except as necessary to implement the transfer of 
        the Administrator's authorities to a State pursuant to this 
        subsection, nothing in this subsection shall be construed as 
        altering, modifying, or impairing in any manner any agreement, 
        permit, administrative or judicial order, decree, or 
        interagency agreement existing on the effective date of the 
        Superfund Reform Act of 1994. Nothing in this subsection shall 
        affect the exercise by a State of any other authorities that 
        may be applicable to facilities in such State.''.

                     TITLE III--VOLUNTARY RESPONSE

SEC. 301. VOLUNTARY RESPONSE PROGRAM.

    Title I is amended by adding the following new section after 
section 127:

``SEC. 128. VOLUNTARY RESPONSE PROGRAM.

    ``(a) 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.
    ``(b) Establishment of Program.--The Administrator shall establish 
a program to provide technical, financial, and other assistance, 
including grants, to States to establish and expand voluntary response 
programs.
    ``(c) EPA Assistance to States for State Voluntary Response 
Programs.--The Administrator shall assist States in the establishment 
and administration of State voluntary response programs that--
            ``(1) provide opportunities for technical assistance for 
        voluntary response actions;
            ``(2) provide adequate opportunities for public 
        participation in selecting response actions, including prior 
        notice and opportunity for comment in appropriate 
        circumstances;
            ``(3) provide streamlined procedures to ensure expeditious 
        voluntary response actions;
            ``(4) provide 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 completion of response actions if the person conducting 
        the response action fails or refuses to complete the necessary 
        response activities, including operation and maintenance or 
        long-term monitoring activities;
            ``(5) provide mechanisms for the approval of a response 
        action plan; and
            ``(6) provide for a certification or similar documentation 
        from the State to the person conducting the response action 
        indicating that the response is complete.
    ``(d) EPA Review of State Programs.--At any time after the 
enactment of this Act, a State may submit, for review by the 
Administrator, documents the State deems appropriate to describe a 
State voluntary response program, together with a certification that 
the program is consistent with the elements set forth in subsection 
(c).
    ``(e) Qualification of State Program.--
            ``(1) Approval or disapproval.--A State voluntary response 
        program submitted under subsection (d) shall be a qualified 
        program under this Act beginning on the date 120 days after the 
        submittal of the certification under subsection (d) unless the 
        Administrator determines before that date that the State's 
        submittal is not consistent with the elements set forth in 
        subsection (c). The Administrator shall seek public comment on 
        the submittal of a State voluntary response program under this 
        section and shall publish in the Federal Register the reasons 
        for the approval or disapproval of any such program.
            ``(2) Withdrawal of approval.--Whenever the Administrator 
        determines after public hearing that a State is not 
        administering and enforcing a qualified program in accordance 
        with subsection (c), the Administrator shall notify the State 
        in writing of such determination. If appropriate corrective 
        action is not taken by the State within 120 days after receipt 
        of the notice, the Administrator shall withdraw approval of the 
        program and publish a notice of such withdrawal in the Federal 
        Register, after which the State program shall cease to be a 
        qualified program under this section. If the State subsequently 
        undertakes corrective measures, the Administrator shall 
        reinstate the program as a qualified program under this 
        section. The Administrator shall not withdraw approval of any 
        such program unless the Administrator provides to the State in 
        writing and publishes in the Federal Register the reasons for 
        such withdrawal.
    ``(f) NPL Listing.--No portion of a facility subject to a response 
action plan approved under a qualified program under this section shall 
be proposed for listing on the National Priorities List so long as 
substantial and continual response activities are being undertaken 
pursuant to such plan to complete the response action in a timely 
manner as set forth in the response action plan. Nothing in this 
section shall be construed to limit the Administrator's ability to list 
on the National Priorities List facilities that have been proposed for 
listing, or to compel response action under section 106 of the Act.
    ``(g) Conduct of Response.--The Administrator shall, after 
consultation with the State, and notice and opportunity for public 
comment, promulgate regulations describing circumstances in which any 
State having a qualified program, and also authorized to issue permits 
under Federal environmental statutes, may waive such permit 
requirements with respect to activities conducted pursuant to an 
approved voluntary response plan if (1) such State has the authority 
under its own statutes or regulations to grant such waivers, (2) the 
State waiver authority is used in no less stringent a manner than 
allowed under Federal permit waiver authority, and (3) the response 
action plan requires compliance with the relevant substantive 
requirements of the statute concerned.
    ``(h) Effect of Response.--Performance of a voluntary response 
action pursuant to this section shall not constitute an admission of 
liability under any Federal, State, or local law or regulation or in 
any citizens suit or other private action.
    ``(i) Compliance With NCP.--Response actions conducted pursuant to 
a qualified program shall be presumed to be consistent with the 
National Contingency Plan for the purposes of private cost recovery 
claims under this Act.
    ``(j) Annual Reporting.--
            ``(1) Report by state.--States with qualified programs 
        under this section shall report to the Administrator at the end 
        of each calendar year on the status of their programs. Each 
        such report shall include a statement regarding whether the 
        program continues to be consistent with the elements set forth 
        in subsection (c).
            ``(2) Report by administrator.--The Administrator shall 
        report, not later than one year after the enactment of this 
        section, and annually thereafter, to the Congress on the status 
        of State voluntary response program. The report shall include 
        an analysis of whether qualified State voluntary response 
        action programs continue to be consistent with the elements set 
        forth in subsection (c).
    ``(k) Statutory Construction.--(1) This section is not intended to 
impose any requirement on a State voluntary response program existing 
on or after the date of the enactment of the Superfund Reform Act of 
1994.
    ``(2) This section is not intended to affect the liability of any 
person or to affect other response authorities afforded under any law 
or regulation relating to environmental contamination, including this 
Act, the Solid Waste Disposal Act, the Clean Water Act, the Toxic 
Substances Control Act, and title XIV of the Public Health Service Act 
(the Safe Drinking Water Act), except that the successful completion of 
a response action at a facility pursuant to a qualified program under 
this section shall be considered for purposes of section 107(a)(6)(C) 
as evidence that a person acquiring ownership of the facility is a bona 
fide prospective purchaser of the facility within the meaning of 
section 101(39).
    ``(3) Nothing in this section shall be construed to require any 
person to participate in a qualified voluntary response program under 
this section or in any other voluntary response program in order to 
qualify as a bona fide purchaser for purposes of section 
107(a)(6)(C).''.

                   TITLE IV--LIABILITY AND ALLOCATION

SEC. 401. INFORMATION GATHERING AND ACCESS.

    (a) Additional Information.--Section 104(e)(2) (42 U.S.C. 
9604(e)(2)) is amended--
            (1) by striking ``cleanup'' in subparagraph (C) and 
        inserting ``response action''; and
            (2) by inserting after subparagraph (C) the following:
                    ``(D) The identity of any persons engaged in, 
                responsible for, controlling, or having the ability to 
                control activities or operations at a vessel or 
                facility giving rise to liability under this Act.
                    ``(E) Information relating to the potential 
                liability or responsibility of any person to perform or 
                pay for a response action.
                    ``(F) Information that is otherwise relevant to 
                enforce the provisions of this Act.
                    ``(G) For a person conducting a response action, an 
                accounting of direct and indirect costs the person has 
                incurred in conducting such response action.''.
    (b) Certifications.--Section 104(e) (42 U.S.C. 9604(e)) is 
amended--
            (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
        as paragraphs (4), (5), (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Certification.--The President may require respondents 
        to requests made pursuant to this subsection to certify that--
                    ``(A) the responses are true, accurate, and 
                complete to the best of the respondent's knowledge;
                    ``(B) the responses are based on a diligent, good 
                faith search of records in the possession or control of 
                the person to whom the request was directed;
                    ``(C) the responses are based on a reasonable 
                inquiry of the current and former officers, directors, 
                employees, and agents of the person to whom the request 
                was directed;
                    ``(D) the responses accurately and completely 
                reflect information obtained in the course of 
                conducting such search and inquiry;
                    ``(E) the respondent understands that there is a 
                continuing obligation to supplement the response if any 
                additional, new, or different information relevant to 
                the matters addressed in the request or the response 
                thereto becomes known or available to the respondent; 
                and
                    ``(F) the respondent understands that there are 
                significant penalties for submitting false information, 
                including the possibility of fine and imprisonment.''.
    (c) Administrative Subpoenas.--Section 104(e) (42 U.S.C. 9604(e)) 
is further amended by inserting after paragraph (8) (as redesignated by 
subsection (b)) the following new paragraph:
            ``(9) Administrative subpoenas.--When it would assist in 
        the collection of information necessary or appropriate for the 
        purposes of implementing this Act, the Administrator may by 
        subpoena require the attendance and testimony of witnesses and 
        the production of reports, papers, documents, answers to 
        questions, and other information listed in paragraph (2) that 
        the Administrator considers necessary. Witnesses shall be paid 
        the same fees and mileage that are paid witnesses in the courts 
        of the United States. In the event of contumacy or failure or 
        refusal of any person to obey any such subpoena, any district 
        court of the United States in which venue is proper shall have 
        jurisdiction to order any such person to comply with such 
        subpoena. Any failure to obey such an order of the court is 
        punishable by the court as a contempt thereof.''.
    (d) Confidentiality of Information.--Subparagraph (A) of section 
104(e)(8) (as redesignated by subsection (b)), is amended to read as 
follows:
            ``(A) Any records, reports, documents, or information 
        obtained from any person under this section (including records, 
        reports, documents, or information obtained by representatives 
        of the President 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, 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 that such record, report, 
                document, or information may be disclosed to other 
                officers, employees, or authorized representatives of 
                the United States carrying out this Act, or when 
                relevant in any proceeding under this Act, or, 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, 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)(5), subsection (b)(6), or 
                subsection (b)(7) of such section, be available to the 
                public, nor shall the disclosure of any such 
                information pursuant to this section authorize 
                disclosure to other parties or be deemed to waive any 
                confidentiality privilege available to the President 
                under any Federal or State law.''.
    (e) Confidentiality Requirements for Contractors.--Paragraph (8) of 
section 104(e) (as redesignated by subsection (b)) is amended by adding 
at the end the following new subparagraph:
            ``(G)(i) No person described in clause (ii) may disclose 
        such record, report, document, or other information without the 
        permission of the President.
            ``(ii) A person referred to in clause (i) is any person--
                    ``(I) who is not an employee of the United States 
                Government; and
                    ``(II) who, by virtue of the person's duties under 
                a contract or cooperative agreement with the United 
                States under this section to perform work for the 
                United States Government or implement the requirements 
                of this Act, has received information obtained under 
                this section (or any record, report, or document 
                containing such information) which, if requested from 
                the United States Government pursuant to section 552 of 
                title 5, United States Code, would be exempt from 
                disclosure by reason of subsection (b) of such 
                section.''.
    (f) Availability of Information to Congress.--Subsection 104(e) is 
further amended by adding after paragraph (9) the following new 
paragraph:
            ``(10) Availability of information to congress.--Nothing in 
        this subsection shall be construed to authorize any person, 
        including the allocator, 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.''.

SEC. 402. COMPLIANCE WITH ADMINISTRATIVE ORDERS.

    (a) Additional Authority To Issue Orders.--Section 106(a) (42 
U.S.C. 9606(a)) is amended by adding at the end the following: ``The 
President may amend such orders and issue additional orders relating to 
the facility, as appropriate, without a subsequent finding of an 
imminent and substantial endangerment, to complete all response actions 
necessary to respond to an actual or threatened release or to require 
additional response actions that are necessary or appropriate to 
respond to the actual or threatened release that was the subject of the 
original order.''.
    (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, a `sufficient cause' 
requires--
            ``(i) an objectively reasonable belief by the person to 
        whom the order is issued that 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) The existence or results of an allocation process pursuant to 
section 130 shall not affect or constitute a basis for a determination 
of `sufficient cause' under this paragraph or under section 
107(c)(3).''.
    (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''.

SEC. 403. LIMITATIONS TO LIABILITY FOR RESPONSE COSTS.

    (a) Limitations on Liability.--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 (3), by striking ``person,'' and inserting 
        ``person or''.
            (3) In paragraph (4)(A), by inserting ``, including the 
        costs of overseeing response actions conducted by potentially 
        responsible parties,'' before ``incurred by the United 
        States''.
            (4) 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''.
            (5) 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--''.
            (6) 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).
            (7) By adding the following new paragraphs after paragraph 
        (5):
            ``(6) Notwithstanding paragraphs (1) through (4) of this 
        subsection, a person who does not impede the performance of 
        response actions or natural resource restoration shall not be 
        liable:
                    ``(A)(i) To the extent liability is based solely on 
                paragraph (3) or (4) of this subsection, and the person 
                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 
                the person is--
                            ``(I) the owner, operator, or lessee of 
                        residential property;
                            ``(II) a small business; or
                            ``(III) a small non-profit organization.
                    ``(ii) This subparagraph shall have no effect on 
                the liability of any other person.
                    ``(B) To the extent liability is based solely on 
                paragraph (3) or (4) of this subsection, 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, 55 
                gallons or less of liquid materials containing 
                hazardous substances or pollutants or contaminants or 
                less than 100 pounds of solid materials containing 
                hazardous substances or pollutants or contaminants, or 
                such greater or lesser amount as the Administrator may 
                determine by regulation, except in a case in which--
                            ``(i) the Administrator has determined that 
                        such material contributed or could contribute 
                        significantly to the costs of response at the 
                        facility, or
                            ``(ii) the person has failed to respond 
                        fully and completely to information requests or 
                        administrative subpoenas by the United States.
                    ``(C) To the extent liability is based solely on 
                paragraph (1) of this subsection for a release or 
                threat of release from a facility, and the person is a 
                bona fide prospective purchaser of the facility. Not 
                later than 18 months after the date of the enactment of 
                the Superfund Reform Act of 1994, the Administrator 
                shall issue guidelines containing criteria for a person 
                to qualify as a bona fide prospective purchaser. Such 
                guidelines shall include provision for a person to make 
                a self-evaluation on whether he or she qualifies as a 
                bona fide prospective purchaser under the criteria 
                established in the guidelines. Such provision shall be 
                made readily available to the public.
                    ``(D) To the extent liability is based solely on 
                the person's status as owner under paragraph (1) for a 
                release or threat of release from a facility, and the 
                person acquired the facility by inheritance or bequest 
                if the person--
                            ``(i) acquired the real property on which 
                        the facility concerned is located after 
                        disposal or placement of the hazardous 
                        substance took place;
                            ``(ii) did not cause or contribute to the 
                        release or threat of release; and
                            ``(iii) 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.
                    ``(E) To the extent the liability of a Federal or 
                State governmental entity or municipality is based 
                solely on its--
                            ``(i) 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
                            ``(ii) granting of a license or permit to 
                        conduct business.
                    ``(F) To the extent the liability of a department, 
                agency, or instrumentality of the United States is 
                based on actions of such department, agency, or 
                instrumentality taken in response to a natural disaster 
                pursuant to the Act of August 18, 1941 (33 U.S.C. 701n) 
                or The Robert T. Stafford Disaster Relief and Emergency 
                Act (42 U.S.C. 5121 and following).
            ``(7) Notwithstanding paragraphs (1) through (4), a person 
        shall not be liable for more than 10 percent of total response 
        costs at a facility, in aggregate, to the extent the person's 
        liability is based solely on paragraph (3) or (4) of this 
        subsection, 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. Such limitation 
        on liability shall apply only if either the acts or omissions 
        giving rise to liability occurred before the date occurring 36 
        months after enactment of this paragraph, or the person 
        asserting the limitation institutes or participates in a 
        qualified household hazardous waste collection program within 
        the meaning of section 101(43).
            ``(8)(A) Notwithstanding paragraphs (1) through (4) of this 
        subsection, the liability of a person who does not impede the 
        performance of response actions or natural resource restoration 
        with respect to a release or threatened release from a vessel 
        or facility 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 as 
        owner under paragraph (1) of the vessel or facility if the 
        person--
                    ``(i) holding title, either outright or in trust, 
                to the vessel or facility is an organization described 
                in section 501(c)(3) of the Internal Revenue Code of 
                1986 and exempt from tax under section 501(a) of such 
                Code and holds such title as a result of a charitable 
                donation that qualifies under section 170 of such Code; 
                and
                    ``(ii) 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.
            ``(B) The limitation on liability provided for by 
        subparagraph (A) shall not apply in any case in which the 
        Administrator determines that the person--
                    ``(i) acquired the real property on which the 
                facility is located, or acquired the vessel, on or 
                before disposal or placement of the hazardous substance 
                took place; or
                    ``(ii) caused or contributed to the release or 
                threat of release.''.
    (b) Prospective Purchaser and Windfall Lien.--Section 107 is 
amended by inserting after subsection (m) the following new subsection:
    ``(n) 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 subsection (a)(6)(C), 
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.
            ``(C) A sale or other disposition of all or a portion of 
        the facility has occurred.''.
    ``(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 audit or inquiry required 
under section 101(39)(B) by an environmental professional certified 
under section 612 of the Superfund Reform Act of 1994 gives the bona 
fide prospective purchaser no knowledge or reason to know of the 
release of hazardous substances.''.

SEC. 404. LIABILITY.

    (a) Liability.--Section 107(a) (42 U.S.C. 9607(a)) (as amended by 
section 403) is further amended by adding the following new paragraph 
at the end thereof:
            ``(9) The Administrator shall calculate the Environmental 
        Protection Agency response action oversight costs for which 
        potentially responsible parties are liable under this section 
        (pursuant to paragraph (4)(A)) on a national basis as a 
        percentage of total response costs incurred by potentially 
        responsible parties (in this paragraph referred to as the 
        `national oversight rate'). The calculation shall be based on 
        data comparing oversight expenditures of the Environmental 
        Protection Agency to estimated or actual response costs 
        incurred by potentially responsible parties. The Administrator 
        shall periodically review and update the national oversight 
        rate. In no case shall the rate exceed 10 percent of total 
        response costs incurred by potentially responsible parties. The 
        national oversight rate shall be applied to all settlements 
        under section 130.''.
    (b) 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.''.
    (c) 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''.
    (d) Small Business Construction Contractors.--Section 107 is 
amended by adding at the end the following:
    ``(o) Small Business Construction Contractors.--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--
            ``(1) such construction activities were specifically 
        directed by and carried out in accordance with a contract with 
        an owner or operator of the facility; and
            ``(2) the person is a small business construction 
        contractor as defined by section 101(49).''.

SEC. 405. CIVIL PROCEEDINGS.

    (a) Petitions.--Section 113(a) (42 U.S.C. 9613(a)) is amended--
            (1) by striking ``upon application by any interested 
        person'' and inserting ``by any interested person through the 
        filing of a petition for review''; and
            (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.
            ``(3) Claims by the united states or states.--Claims by the 
        United States under section 106 and claims by the United States 
        or a State under section 107(a) shall not be deemed compulsory 
        counterclaims in an action against the United States or a State 
        seeking response costs, contribution, damages, or any other 
        claim by any person under this Act.''.
    (c) Judicial Review.--Section 113(j)(1) (42 U.S.C. 9613(j)(1)) is 
amended by striking ``or ordered by the President'' and inserting ``or 
selected by the President pursuant to this Act, or ordered or sought by 
the President,''.

SEC. 406. LIMITATIONS ON CONTRIBUTION ACTIONS.

    Section 113(f) (42 U.S.C. 9613(f)) is amended as follows:
            (1) Paragraph (1) is amended--
                    (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,''; and
                    (D) by striking the sentence beginning with 
                ``Nothing in this subsection''.
            (2) Paragraph (2) is amended 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 
        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) Such section is amended 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 not liable under this Act;
                    ``(iii) 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
                    ``(iv) the action is brought during the moratorium 
                pursuant to section 130.''.

SEC. 407. SCOPE OF RULEMAKING AUTHORITY.

    (a) In General.--Section 115 (42 U.S.C. 9615) is amended to read as 
follows:

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

    ``The President (or the Administrator where applicable) is 
authorized to promulgate such regulations as the President (or the 
Administrator where applicable) deems necessary to carry out the 
provisions of this Act, and to delegate and assign any duties or powers 
imposed upon or assigned to him by this Act, including the authority to 
promulgate regulations. The preceding sentence includes authority to 
clarify or interpret all terms and to implement any provision of this 
Act.''.
    (b) Lender Liability Rule.--(1) Effective on the date of enactment 
of this section, the final rule issued by the Administrator of the 
Environmental Protection Agency on April 29, 1992 (57 Fed. Reg. 18344), 
shall be deemed to have been validly issued pursuant to the authority 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, and to have been effective according to the 
final rule's terms. No additional administrative or judicial 
proceedings shall be necessary with respect to such final rule.
    (2) Notwithstanding section 113(a) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, no 
court shall have jurisdiction to review the final rule issued by the 
Administrator of the Environmental Protection Agency on April 29, 1992 
(57 Fed. Reg. 18344).
    (3) Nothing in this subsection shall be construed to limit the 
authority of the President or his delegate to amend the final rule 
issued by the Administrator of the Environmental Protection Agency on 
April 29, 1992 (57 Fed. Reg. 18344), in accordance with applicable 
provisions of law.

SEC. 408. RESPONSE ACTION CONTRACTORS.

    (a) Extension of Negligence Standard.--Section 119(a)(1) (42 U.S.C. 
9619(a)(1)) is amended--
            (1) by inserting ``or under the law of any State or 
        political subdivision'' after ``Federal law''; and
            (2) by adding at the end the following new sentence: 
        ``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 by statute an alternative 
        process intended to promote quality response actions and ensure 
        maximum competition by professional companies of all sizes 
        providing response actions.''.
    (b) Negligence Standard.--Section 119(a)(2) (42 U.S.C. 9619(a)(2)) 
is amended by inserting ``(A)'' before ``Paragraph'' and by adding at 
the end the following:
            ``(B) For the purposes of this paragraph, a response action 
        contractor's conduct shall not be deemed to be negligent if--
                    ``(i) such conduct is based on the standard of 
                skill and learning commonly possessed by members of the 
                profession in good standing as those standards exist at 
                the time that the conduct occurred and under the 
                particular circumstances involved, or
                    ``(ii) such conduct is carried out in accordance 
                with a plan which was approved by the President.''.
    (c) Clarification of Response Action Contractor Liability.--Section 
119(a) (42 U.S.C. 9619(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.''.
    (d) Indemnification for Threatened Releases.--Section 119(a) (42 
U.S.C. 9619(a)) is further amended by adding at the end the following:
            ``(6) Implementation of technologies.--No response action 
        contractor shall be liable under this title solely as a result 
        of such contractor's testing or implementation of an 
        investigative or remedial technology with respect to a response 
        action if use of the technology in connection with the response 
        action has been approved by the authorized Federal or State 
        regulatory agency. This paragraph shall not apply in the case 
        of negligence, gross negligence, or intentional misconduct by 
        such contractor in implementing the approved technology, 
        including any noncompliance with the approved process for 
        implementing the technology.''.
    (e) Indemnification Clarification.--Section 119(c)(1) (42 U.S.C. 
9619(c)(1)) is amended by inserting ``under Federal, State, or common 
law'' after ``any liability''.
    (f) Indemnification for Threatened Releases.--Section 119(c)(5)(A) 
(42 U.S.C. 9619(c)(5)(A)) is amended by inserting ``or threatened 
release'' after ``release'' each place it appears.
    (g) Determination To Indemnify.--Section 119(c) (42 U.S.C. 9619(c)) 
is amended by redesignating paragraphs (5), (6), (7), and (8) as 
paragraphs (6), (7), (8), and (9), respectively, and by inserting after 
paragraph (4) the following new paragraph:
            ``(5) Determination to indemnify.--Notwithstanding any 
        guidelines or regulations of this section, the President shall, 
        for each response action contract for a facility or facilities, 
        make a decision whether to enter into an indemnification 
        agreement with a response action contractor. The President 
        shall enter into such an agreement unless the President 
        determines there is insurance reasonably available to such 
        contractor upon fair and reasonable terms (including 
        consideration of premium, policy terms, and deductibles) that 
        is likely to provide adequate long-term protection to the 
        public for the potential liabilities involved in the response 
        action (including consideration of policy coverage, limits, and 
        renewal terms). The President's determination shall be made a 
        part of the invitation for bids or the request for proposals 
        for each such response action contract.''.
    (h) Extension of Section 119 Coverage.--Section 119(e)(1) (42 
U.S.C. 9619(e)(1)) is amended--
            (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 
        under this Act,'' and inserting ``any response action under 
        this Act''; and
            (3) by inserting ``or to undertake appropriate actions 
        necessary to protect and restore any natural resources damaged 
        by such release or threatened release'' before the period at 
        the end.
    (i) Extension.--Section 119 (42 U.S.C. 9619) is amended--
            (1) in subsection (e)(2)(C) by striking ``, and before 
        January 1, 1996,''; and
            (2) in subsection (g)(5) by striking ``, or after December 
        31, 1995''.
    (j) Statute of Repose.--Section 119 (42 U.S.C. 9619) is amended by 
adding at the end the following new subsection:
    ``(h) Limitation on Actions Against Response Action Contractors.--
No action to recover for any injury to property, real or personal, or 
for bodily injury or wrongful death, or any other expenses or costs 
arising out of the performance of services under a response action 
contract, nor any action for contribution or indemnity for damages 
sustained as a result of such injury, shall be brought against any 
response action contractor more than 6 years after the completion of 
work at any site under such contract. The limitation prescribed in this 
subsection shall not affect any right of indemnification which such 
response action contractor may have under this section or may acquire 
by written agreement with any party. This subsection shall not apply if 
a State adopts by statute an alternative process intended to promote 
quality response actions and ensure maximum competition by professional 
companies of all sizes providing response actions.''.

SEC. 409. ENHANCEMENT OF SETTLEMENT AUTHORITIES.

    Section 122 (42 U.S.C. 9622) is amended as follows:
            (1) Subsection (b) is amended by striking paragraph (3) and 
        redesignating paragraph (4) as paragraph (3).
            (2) Section 122(d)(1) is amended by adding at the end the 
        following new subparagraph:
                    ``(D) Compliance.--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. Where the parties agree, the consent 
                decree may provide for administrative enforcement. Each 
                consent decree shall also contain stipulated penalties 
                for violations of the decree in an amount not to exceed 
                $25,000 per day, which may be enforced by either the 
                President or the State. Such stipulated penalties shall 
                not be construed to impair or affect the authority of 
                the court to order compliance with the specific terms 
                of any such decree.''.
            (3) Subsection (e) is amended--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively.
            (4) The section is amended--
                    (A) by transferring paragraph (6) to the end of the 
                section and redesignating such paragraph as subsection 
                (o);
                    (B) in such subsection (o) (as so transferred and 
                redesignated), by striking ``remedial action'' and 
                inserting ``response action'', and by inserting ``or 
                the State under applicable law'' before the period at 
                the end; and
                    (C) by adding after such subsection (o) (as so 
                transferred and redesignated) the following new 
                subsections:
    ``(p) Retention of Funds.--(1) If, as part of any settlement 
agreement under this Act, the potentially responsible parties 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 or 
parties will be paying amounts to the United States, 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. 410. PROFESSIONAL SERVICES.

    Section 122 is amended by adding after subsection (r), as added by 
section 408, 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, whether or not the neutral 
professional actually participates in such negotiations.''.

SEC. 411. FINAL CONVENANTS.

    Section 122(f) is amended as follows:
            (1) Paragraph (1) is amended 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 remedial action does not provide that any 
                hazardous substances will remain at the facility at 
                concentrations above the protective concentration 
                levels established pursuant to section 121(d) after the 
                final remedial action is completed.
                    ``(C) 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.
                    ``(D) The settling party waives all contribution 
                rights against other potentially responsible parties at 
                the facility.
                    ``(E) 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 the United States 
                litigation risk as provided in section 130 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.
                    ``(F) The settlement is otherwise acceptable to the 
                United States.''.
            (2) Paragraph (3) is amended to read as follows:
            ``(3) Discretionary covenants.--For settlements under this 
        title 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 title, 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--
                            (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,''; and
                            (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. 412. 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 
                substance 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 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) For purposes of this subparagraph, in the 
                case of a municipal owner or operator, the President 
                shall consider, to the extent that information is 
                provided by the municipality, the following factors:
                            ``(I) the municipality's general obligation 
                        bond rating and information about the most 
                        recent bond issue for which the rating was 
                        prepared;
                            ``(II) the amount of total available funds 
                        (other than dedicated funds and State 
                        assistance payments for remediation of inactive 
                        hazardous waste sites);
                            ``(III) the amount of total operating 
                        revenues (other than obligated or encumbered 
                        revenues);
                            ``(IV) the amount of total expenses;
                            ``(V) the amounts of total debt and debt 
                        service;
                            ``(VI) per capita income;
                            ``(VII) real property values;
                            ``(VIII) unemployment information; and
                            ``(IX) population information.
                    ``(iv) A municipality may also 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.
                    ``(v) A municipality 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.
                    ``(vi) 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 130(d)(2) 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 for settlement pursuant to this 
        section, nor the terms of the final settlement, 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 title, 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--
                    (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 fines, civil penalties, or 
                        punitive damages exceeds $300,000, such claim 
                        may be compromised and settled only with the 
                        prior written approval of the Attorney 
                        General.''; and
                            (iii) in the second sentence, by striking 
                        ``$500,000 (excluding interest), any claim 
                        referred to in the preceding sentence'' and 
                        inserting ``$2,000,000 (excluding interest), 
                        any claim for response costs referred to in 
                        this subsection''; and
                    (C) by striking paragraph (4).

SEC. 413. ALLOCATION PROCEDURES.

    Insert after section 129 the following new section:

``SEC. 130. ALLOCATION AT MULTIPARTY FACILITIES.

    ``(a) Scope.--
            ``(1) Post-introduction rods.--For each non-federally owned 
        facility listed on the National Priorities List involving 2 or 
        more potentially responsible parties for which the President 
        selects a remedial action on or after February 3, 1994, the 
        Administrator shall initiate the allocation process under this 
        section. This paragraph shall not apply to response actions 
        selected prior to such date.
            ``(2) Pre-introduction rods.--For each non-federally owned 
        facility listed on the National Priorities List involving 2 or 
        more potentially responsible parties, for any remedial action 
        selected by the President before February 3, 1994, the 
        Administrator shall initiate the allocation process under this 
        section, if requested to do so by a potentially responsible 
        party which has resolved its liability to the United States 
        with respect to the remedial action or which is performing the 
        remedial action pursuant to an order issued under section 
        106(a).
            ``(3) Other facilities.--The Administrator, as the 
        Administrator deems appropriate, may initiate the allocation 
        process under this section for any facility other than a 
        facility referred to in paragraph (1) or (2) involving 2 or 
        more potentially responsible parties.
            ``(4) Excluded facilities.--The allocation process under 
        this section shall not apply to any of the following:
                    ``(A) A facility for which there has been a final 
                settlement, decree, or order that determines all 
                liability or allocated shares of all potentially 
                responsible parties.
                    ``(B) A facility at which all of the potentially 
                responsible parties are liable or potentially liable as 
                facility owners or operators pursuant to section 107(a) 
                (1) or (2).
            ``(5) Multiple remedial actions.--An allocation under this 
        section, shall apply to all remedial actions selected by the 
        President on or after February 3, 1994, for a facility (but not 
        to those remedial actions described in paragraph (2)), unless 
        the allocator determines that the allocation should address 
        only one or more of such remedial actions.
            ``(6) Multiple facilities.--Where appropriate, the 
        Administrator may initiate a single allocation process under 
        this section for more than 1 facility.
            ``(7) Effect of allocation.--An allocation performed 
        pursuant to paragraph (2) or (3) of this section shall not be 
        construed to require--
                    ``(A) payment of an orphan share pursuant to this 
                section; or
                    ``(B) the conferral of reimbursement rights 
                pursuant to this section.
            ``(8) Settlement offers after commencement of litigation.--
        The provisions of this section shall not apply to any offer of 
        settlement made after expiration of the moratorium period under 
        subsection (b).
    ``(b) Moratorium on Commencement or Continuation of Suits.--
            ``(1) Moratorium.--No person may assert any claim for 
        response costs pursuant to section 107 of this Act or commence 
        any civil action seeking recovery of any response costs in 
        connection with a response action for which an allocation is 
        required under subsection (a)(1) or (2), or for which the 
        Administrator has initiated an allocation under subsection 
        (a)(3), until 90 days after issuance of the allocator's report 
        under subsection (h) or (m), whichever is later.
            ``(2) Stay of existing actions.--If a claim for response 
        costs pursuant to section 107 of this Act or an action seeking 
        recovery of response costs in connection with a response action 
        for which an allocation is to be performed under this section 
        is pending--
                    ``(A) upon the date of enactment of the Superfund 
                Reform Act of 1994, or
                    ``(B) upon initiation of an allocation,
        the action or claim shall be stayed until 90 days after the 
        issuance of the allocator's report under subsection (h) or (m), 
        unless the court determines that a stay will result in manifest 
        injustice.
            ``(3) Statute of limitations.--Any applicable limitations 
        period with respect to a cause of action subject to paragraph 
        (1) shall be tolled from the earlier of the following until 180 
        days after the issuance of the allocator's report under 
        subsection (h) or (m) has been issued by the allocator:
                    ``(A) The date of listing of the facility on the 
                National Priorities List.
                    ``(B) The commencement of the allocation process 
                pursuant to this section.
    ``(c) Commencement of Allocation.--
            ``(1) Responsible party search.--At all facilities subject 
        to this section, the Administrator shall, as soon as 
        practicable, but not later than 60 days after the commencement 
        of the remedial investigation, initiate a thorough 
        investigation and search for all potentially responsible 
        parties, using his authorities under section 104. Any person 
        may submit information to the Administrator concerning any 
        potentially responsible party at the facility, and the 
        Administrator shall consider such information in carrying out 
        the responsible party search.
            ``(2) Notification of de minimis parties.--As soon as 
        practicable after receipt of sufficient information, but not 
        more than 12 months after the commencement of the remedial 
        investigation, the Administrator shall take each of the 
        following actions:
                    ``(A) The Administrator shall notify any 
                potentially responsible party who the Administrator 
                determines is eligible for an expedited final 
                settlement in accordance with section 122(g)(1)(A) of 
                its eligibility, based on information available to the 
                Administrator at the time the determination is made. 
                Any such information that is not confidential shall, to 
                the extent practicable, be made available by the 
                Administrator to the party at the time of the 
                settlement offer.
                    ``(B) The Administrator shall submit a written 
                settlement offer to each party notified under 
                subparagraph (A) no later than 60 days after such 
                notification. The Administrator shall, at the same 
                time, make available to such party upon request any 
                nonconfidential information related to the party's 
                settlement upon which the Administrator based the 
                settlement offer. If the settlement offer is based in 
                whole or in part on confidential information, the 
                Administrator shall so advise such party.
            ``(3) Preliminary notice to other parties.--As soon as 
        practicable after receipt of sufficient information, but not 
        later than 18 months after commencement of the remedial 
        investigation, the Administrator shall--
                    ``(A) notify any party not previously notified 
                under paragraph (2) who the Administrator determines is 
                eligible for an expedited final settlement in 
                accordance with section 122(g)(1)(A) of its 
                eligibility, based on information available to the 
                Administrator at the time the determination is made;
                    ``(B) issue a list of all potentially responsible 
                parties preliminarily identified by the Administrator 
                to all such parties;
                    ``(C) notify the public, in accordance with section 
                117(d), of the list of potentially responsible parties 
                identified pursuant to subparagraphs (A) and (B) by the 
                Administrator; and
                    ``(D) make available all responses to the 
                Administrator's information requests, as well as other 
                relevant information concerning the facility and 
                potentially responsible parties, to the notified 
                parties, to the extent it is available to the 
                Administrator.
        The Administrator shall not make available any privileged or 
        confidential information, except as otherwise authorized by 
        law. The Administrator shall take the actions specified in this 
        paragraph within 9 months after the date of enactment of this 
        section for all facilities eligible for allocation under 
        subsection (a)(1) or (a)(2) for which the responsible party 
        search required by a paragraph (1) was substantially complete 
        prior to the date of the enactment of this section.
            ``(4) Status of parties.--At the time of proposing the list 
        of potentially responsible parties under paragraph (3), the 
        Administrator shall--
                    ``(A) identify parties that are eligible for 
                expedited settlement pursuant to section 122(g);
                    ``(B) identify parties who are not eligible for 
                such expedited settlement; or
                    ``(C) determine that there is insufficient 
                information to ascertain whether or not the party is 
                entitled to such expedited settlement.
            ``(5) Nomination of parties.--(A) For 60 days after 
        information has been made available pursuant to paragraph (3), 
        the parties identified by the Administrator and members of the 
        affected community shall have the opportunity to identify and 
        nominate additional potentially responsible parties or 
        otherwise provide information relevant to the facility or such 
        potentially responsible parties. This period may be extended by 
        the Administrator for an additional 30 days upon request of any 
        person.
            ``(B) Any proposal for the addition of any potentially 
        responsible party with respect to a facility shall be supported 
        by a statement demonstrating that there is an adequate basis in 
        law and fact to determine that the additional nominated party 
        is potentially liable under this Act and by full disclosure to 
        the Administrator and to the nominated party at the same time 
        of all available information concerning that party's liability 
        under this Act and that party's contribution of hazardous 
        substances to the site. The nominated party may submit to the 
        Administrator information relating to its inclusion as an 
        additional potentially responsible party within 45 days of the 
        receipt of such information.
            ``(6) List of allocation parties.--(A) Within 60 days after 
        the end of the period specified in paragraph (5)(A) for the 
        proposal of additional parties, the Administrator shall--
                    ``(i) issue a list of parties subject to the 
                allocation process (hereinafter referred to in this 
                section as the `allocation parties');
                    ``(ii) identify in writing, as to each of the 
                proposed additional parties, which parties the 
                Administrator has determined, in the Administrator's 
                sole discretion--
                            ``(I) to be eligible for expedited 
                        settlement pursuant to section 122(g),
                            ``(II) not to be eligible for such 
                        expedited settlement, and
                            ``(III) for whom insufficient information 
                        exists to determine whether or not the party is 
                        eligible for such expedited settlement; and
                    ``(iii) identify (in writing supported by brief 
                explanation) those parties as to which the 
                Administrator has determined, in the Administrator's 
                sole discretion, that there is an inadequate basis in 
                law or fact to determine that the party is liable under 
                this Act.
        The Administrator shall consider, when making determinations 
        under this subparagraph, all available information provided 
        pursuant to section 130(c)(5)(B). For each party identified 
        under clause (iii), the Administrator shall further identify 
        whether that party, if liable, would be eligible for an 
        expedited settlement.
            ``(B) At the time of issuance of the list of parties 
        provided for in subparagraph (A), the Administrator shall 
        provide the potentially responsible parties who received notice 
        under this paragraph with a list of neutral parties who are not 
        employees of the United States and who the Administrator 
        determines, in the Administrator's sole discretion, are 
        qualified to perform an allocation at the facility.
            ``(C) De minimis parties the Administrator identifies as 
        potentially liable but entitled to expedited settlement 
        pursuant to this section, shall not be subject to, or assigned 
        a share in, the allocation (except to the extent required to 
        determine the orphan share pursuant to subsection (h)), unless 
        that party fails to reach an agreement with the President on 
        settlement terms within 30 days after the offer.
            ``(D) If the Administrator determines that there is an 
        inadequate basis in law or fact to conclude that a party is 
        liable based on the information presented by the nominating 
        party or otherwise available to the Administrator, the 
        determination shall have the following effect:
                    ``(i) With respect to a party that the 
                Administrator has determined to be--
                            ``(I) exempt from liability pursuant to 
                        section 107(a)(6)(A) or (B); or
                            ``(II) not liable on some other basis but 
                        who, if liable, would be eligible for an 
                        expedited settlement,
                the Administrator's determination shall mean that the 
                party shall not be subject to, and shall not be 
                assigned a share in, the allocation.
                    ``(ii) With respect to all other parties, the 
                Administrator's determination shall be accorded 
                deference by the allocator. For such parties the 
                allocator shall consider the Administrator's 
                determination together with the allocation factors 
                listed in subsection (h)(2).
            ``(E) The Administrator's determinations for purposes of 
        this subsection shall not be subject to judicial review, nor 
        shall any determination or explanation provided for purposes of 
        the allocation be admissible for any purpose in an action 
        commenced by the United States against the party that is the 
        subject of the determination or any other party.
            ``(F) The allocator may assign a zero share to any party 
        the allocator deems should receive such a share in 
        consideration of the allocation factors including the 
        Administrator's determinations under subparagraph (C).
            ``(G) If a party is included in the allocation pursuant to 
        the nomination of a potentially responsible party pursuant to 
        subsection (c)(5), but assigned a zero share by the allocator, 
        that party's costs of participating in the allocation 
        (including reasonable attorneys' fees) shall be borne by the 
        party who proposed the addition of the party to the allocation.
    ``(d) De Minimis Settlement Offer.--(1) Within 30 days after the 
final list of parties is issued pursuant to paragraph (6) of subsection 
(c), the Administrator shall submit a written settlement offer to any 
party identified as a potentially responsible party pursuant to this 
section who the Administrator has determined to be eligible for an 
expedited final settlement in accordance with section 122(g)(1)(A), and 
who has not entered into a settlement with the United States regarding 
the matters being addressed by the allocation. The Administrator shall, 
at the same time, make available to such party upon request any 
nonconfidential information related to the party's settlement.
    ``(2) The President shall not include any premia pursuant to 
section 122(g) in a settlement offer made pursuant to paragraph (1) 
more than 60 days after the date the offer is required to be made 
pursuant to paragraph (1) to a party that is a small business, as 
defined in section 101(47).
    ``(3) If a party is a small business which the President has 
determined is eligible for a settlement pursuant to section 
122(g)(1)(A), and the party is not offered a settlement by the 
President within 120 days after the date the offer is required to be 
made pursuant to paragraph (1), the party shall have no further 
liability under this Act for the costs of response actions at the 
facility for which the allocation is being performed, unless the 
President determines that there is just cause for the delay and such 
delay is due to factors outside the President's control.
    ``(e) Selection of Allocator.--
            ``(1) Proposal of additional candidates.--Any party 
        identified by the Administrator under subsection (c) may 
        propose any person whom such party deems qualified for 
        selection as an allocator in addition to those proposed from 
        the list provided under subsection (c)(6)(B).
            ``(2) Selection of allocator by allocation parties.--(A) 
        The allocation parties shall select an allocator from the list 
        of allocators proposed by the Administrator or under paragraph 
        (1) by the following voting method with each allocation party 
        having a single vote:
                    ``(i) Each allocation party, with the Administrator 
                voting for the identified but insolvent or defunct 
                parties, shall numerically rank the individuals on the 
                final list of proposed allocators, with a ranking of 1 
                indicating first preference, and forward its vote to 
                the Administrator within 30 days of the issuance of the 
                final list of allocators pursuant to subsection 
                (c)(6)(B).
                    ``(ii) The proposed allocator who receives the 
                lowest combined numerical score, taking into account 
                all votes submitted to the Administrator pursuant to 
                clause (i), and who agrees to serve as allocator, shall 
                be determined to be the allocator.
            ``(B) The Administrator may cast the votes of identified 
        but insolvent or defunct parties.
            ``(3) Peremptory strike.--The Administrator may reject any 
        allocator selected by the allocation parties if the proposed 
        allocator is not on the list provided under paragraph (6)(B) of 
        subsection (c). In the case of any such rejection, the 
        allocation parties shall select the allocator in order of 
        numerical ranking in accordance with this subsection.
            ``(4) Selection of allocator by epa.--If the allocation 
        parties do not select an allocator pursuant to this subsection 
        within 30 days after receipt of the list provided under 
        paragraph (2), the Administrator shall select the allocator, 
        except that if the Administrator rejects 4 or more allocators 
        selected by the allocation parties, the Administrator shall 
        initiate a new allocator selection process under this section.
    ``(f) Contract.--Following selection of the allocator, the 
Administrator shall enter into a contract with the selected allocator 
for the provision of allocation services, and immediately make 
available all responses to information requests, as well as other 
relevant information concerning the facility and potentially 
responsible parties, to the allocator. The Administrator has the 
authority to use the procedures set forth in section 109(e) to obtain 
the services of a neutral professional for use in conducting allocation 
procedures under this section, whether or not the neutral professional 
actually conducts such allocation procedures.
    ``(g) Potentially Responsible Party Settlement.--At any time prior 
to the issuance of an allocation report as described in subsection (h), 
any group of potentially responsible parties may submit to the 
allocator a private allocation for the remedial action. If such private 
allocation meets all of 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 recoverable costs of 
        the remedial action or operable unit.
            ``(2) The private allocation does not allocate any share of 
        response costs to any person who is not a signatory to the 
        proposed private allocation or, in the case of any orphan 
        share, unless the United States is a signatory to the proposed 
        private allocation.
            ``(3) The signatories to the proposed private allocation 
        waive their contribution rights with respect to the remedial 
        action against all other potentially responsible parties at the 
        facility.
    ``(h) Allocation Determination.--
            ``(1) Settlement and allocation report.--Following issuance 
        of the final list of allocation parties pursuant to subsection 
        (c)(6)(A)(i), the allocator shall initiate and conduct an 
        allocation process that shall culminate in the issuance of a 
        written report, with a nonbinding, equitable allocation of the 
        percentage shares of responsibility of all allocation parties, 
        including the orphan share, for the facility, and provide such 
        report to the allocation parties and the Administrator. The 
        allocator shall provide the report to the allocation parties 
        and the Administrator within 180 days of the issuance of the 
        list of allocation parties pursuant to subsection (c)(6) or the 
        date of the contract for allocation service pursuant to 
        subsection (f), whichever is later. Upon request, for good 
        cause shown, the Administrator may grant the allocator 
        additional time to complete the allocation, not to exceed 90 
        days.
            ``(2) Factors in the allocation.--The allocator shall 
        prepare a nonbinding, equitable allocation of percentage shares 
        for the facility based on the following factors:
                    ``(A) The amount of hazardous substances 
                contributed by each allocation party.
                    ``(B) The degree of toxicity of hazardous 
                substances contributed by each allocation party.
                    ``(C) The mobility of hazardous substances 
                contributed by each allocation party.
                    ``(D) The degree of involvement of each allocation 
                party in the generation, transportation, treatment, 
                storage, or disposal of the hazardous substance. For 
                the purpose of carrying out the preceding sentence, the 
                allocator shall assign a lower share to any person 
                where liability or potential liability is based on a 
                party's status as an owner or operator and where the 
                allocation party did not engage in the actual disposal 
                of greater than a de minimis quantity of hazardous 
                substances at a facility.
                    ``(E) The degree of care exercised by each 
                allocation party with respect to the hazardous 
                substance, taking into account the characteristics of 
                the hazardous substance.
                    ``(F) The cooperation of each allocation party in 
                contributing to the response action and in providing 
                complete and timely information during the allocation 
                process.
                    ``(G) Such other factors that the Administrator 
                determines are appropriate by published guidance. Any 
                such guidance shall be consistent with this Act and 
                shall be published only after notice and opportunity 
                for public comment. An alleged failure of the allocator 
                to consider 1 or more additional factors set forth in 
                such guidance shall not be deemed unlawful conduct or 
                procedural error for purposes of subsection (l) (2) or 
                (3).
            ``(3) 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 paragraph (2). Each party to 
        the allocation shall be afforded an opportunity to be heard 
        (either orally or in writing, at the allocator's discretion), 
        and an opportunity to comment on a draft allocation report. The 
        allocator shall not be required to respond to comments.
            ``(4) Identification of orphan shares.--
                    ``(A) Components of orphan share.--The allocator 
                may determine that a percentage share for the facility 
                is specifically attributable to an orphan share. The 
                orphan share shall consist only of the following:
                            ``(i) Shares attributable to hazardous 
                        substances that the allocator determines, on 
                        the basis of information presented, to be 
                        specifically attributable to identified but 
                        insolvent or defunct allocation parties who are 
                        not affiliated with any viable allocation 
                        party.
                            ``(ii) The difference between the aggregate 
                        shares that the allocator determines, on the 
                        basis of the information presented, is 
                        specifically attributable to allocation parties 
                        that are contributors of municipal solid waste 
                        subject to the limitations in section 
                        107(a)(6), and the share actually assumed by 
                        those parties in any settlements with the 
                        United States pursuant to section 122(g), 
                        including the fair market value of in-kind 
                        services provided by a municipality.
                            ``(iii) The difference between the 
                        aggregate share that the allocator determines, 
                        on the basis of information presented, to be 
                        specifically attributable to allocation parties 
                        with a limited ability to pay response costs 
                        and the share actually assumed by those parties 
                        in any settlements with the United States 
                        pursuant to section 122(g).
                            ``(iv) Shares that the allocator 
                        determines, on the basis of the information 
                        presented, are specifically attributable to 
                        parties that, solely due to the operation of 
                        subsection (d)(3), have no liability under this 
                        Act for the costs of response actions at the 
                        facility for which the allocation is being 
                        performed.
                    ``(B) Unattributable shares.--Shares attributable 
                to hazardous substances that the allocator cannot 
                attribute to any identified party shall be distributed 
                among the allocation parties, including the orphan 
                share.
    ``(i) Answers and Certifications to Allocator's Information 
Requests.--
            ``(1) Subpoenas and information requests.--Where necessary 
        to assist in determining the allocation of shares, the 
        allocator may request information or documents from any 
        allocation party in accordance with paragraphs (2) or (5) of 
        section 104(e), and require by subpoena the attendance of 
        persons or the production of documents, or other information in 
        accordance with section 104(e)(7). Any allocation party to whom 
        a request is directed shall include in the response a 
        certification by a responsible representative or authorized 
        representative that satisfies the requirement of section 
        104(e)(3). The allocator may also request the Administrator to 
        utilize the authorities of paragraph (2) and to exercise any 
        information-gathering authority of the Administrator under this 
        Act.
            ``(2) Powers of the allocator.--In addition to the 
        information-gathering authority set forth in paragraph (1), the 
        allocator shall have the authority to schedule meetings and 
        require the attendance of allocation parties at such meetings; 
        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 fair, efficient, and impartial allocation process.
    ``(j) Civil and Criminal Penalties.--
            ``(1) Civil penalties.--Where the allocator issues an 
        administrative subpoena or information request pursuant to 
        subsection (i), a party who unreasonably fails to comply with 
        the subpoena or request shall be subject to a civil penalty not 
        to exceed $25,000 for each day of noncompliance.
            ``(2) Enforcement.--The allocator may seek enforcement of 
        an administrative subpoena or information request pursuant to 
        subsection (i)(1), and shall seek such enforcement by 
        requesting that the Attorney General commence an action to 
        enforce the subpoena or request. The Attorney General, within 
        30 days after receiving such request from the allocator, 
        shall--
                    ``(A) notify the allocator that the Attorney 
                General will commence an action to enforce the subpoena 
                or information request;
                    ``(B) notify the allocator that the Attorney 
                General will not seek enforcement of the subpoena or 
                request because the subpoena or request is barred by 
                law or would result in annoyance, embarrassment, 
                oppression, or undue burden or expense to the party to 
                whom it was issued; or
                    ``(C) notify the allocator that the Attorney 
                General has insufficient information on which to 
                determine whether an enforcement action is appropriate.
            ``(3) Failure of attorney general to respond.--If the 
        Attorney General fails to provide any response to the allocator 
        within 30 days of a request for enforcement of a subpoena or 
        information request, the allocator may retain counsel to 
        commence a civil action to enforce the subpoena or information 
        request.
            ``(4) Penalty.--If the Attorney General or allocator 
        prevails in an action to enforce an allocator's subpoena or 
        information request, the party who failed to comply shall be 
        subject to a sanction that may include civil penalties as 
        provided in paragraph (1). The court shall require such party 
        to pay the reasonable expenses, including attorney's fees, 
        caused by the failure to comply, unless the court finds that 
        the failure was substantially justified or that other 
        circumstances make an award of expenses unjust.
            ``(5) Criminal.--Any person who knowingly makes any false 
        material statement or representation in the response to an 
        allocator's information request or subpoena issued pursuant to 
        subsection (i) 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.
    ``(k) Document Repository; Confidentiality.--
            ``(1) Document repository.--The allocator shall establish 
        and maintain a document repository containing copies of all 
        documents and information--
                    ``(A) provided by the Administrator pursuant to 
                this section,
                    ``(B) provided or generated by the allocation 
                parties, or
                    ``(C) generated by the allocator during the 
                allocation.
        The documents and information in the document repository shall 
        be available only to the parties to the allocation process for 
        review and copying at their own expense, subject to the 
        confidentiality provisions of paragraph (2). The Administrator 
        shall provide to the allocator all information obtained under 
        section 104(e), including information entitled to protection 
        under section 1905 of title 18, United States Code, or exempt 
        from disclosure pursuant to section 552(a) of title 5, United 
        States Code. An allocation party shall not assert any privilege 
        as a basis for withholding any information from the allocator.
            ``(2) Confidentiality.--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 
        information generated or obtained during the allocation, as 
        confidential and are prohibited from using any such material in 
        any other matter or proceeding, and shall not be subject to 
        disclosure under section 552 of title 5, United States Code. 
        Such material shall not be discoverable or admissible in any 
        other Federal, State, or local judicial or administrative 
        proceedings, except--
                    ``(A) a new allocation pursuant to subsection (m) 
                or (n) for the same remedial action, or
                    ``(B) an initial allocation for a different 
                remedial action at the same facility.
        Nothing in this section shall be construed to authorize any 
        person, including the allocator, 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. Any person disclosing such documents or 
        information to Congress shall notify the person who produced 
        such documents or information of the fact of such disclosure 
        pursuant to paragraph (5).
            ``(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 which provided it, otherwise 
        discoverable or admissible, then such original document, if 
        subsequently sought from such party, shall remain so. If a fact 
        generated or obtained during the allocation was, in the hands 
        of a witness, otherwise discoverable or admissible, then such 
        fact, if subsequently sought from such other party, shall 
        remain so.
            ``(4) No waiver of privilege.--The submission of, 
        documents, or information pursuant to the allocation process 
        shall not be deemed to be a waiver of any privilege, applicable 
        to such documents or information under any Federal or State law 
        or rule of discovery or evidence.
            ``(5) Procedure when discovery is sought.--Any person, 
        including the United States and any Federal, State, or local 
        agency, department or instrumentality, receiving any request 
        for a statement, document, or material submitted, or for the 
        record of any allocation proceeding, shall promptly notify the 
        person who originally submitted such item and, except in the 
        case of a request from the Congress or a duly authorized 
        committee thereof, shall provide such submitting person the 
        opportunity to assert and defend the confidentiality of such 
        item. No person shall release or provide a copy of the item to 
        any person not a party to such allocation, other than the 
        Congress or a duly authorized committee thereof, except as may 
        be required by court order.
            ``(6) Civil penalty for violation of confidentiality.--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 shall be subject to 
        civil penalties of up to $25,000 per violation. Such penalties 
        may be sought in a civil action initiated by the Attorney 
        General on behalf of the United States, or any allocation party 
        adversely affected by the failure to maintain confidentiality.
    ``(l) Rejection of Allocator's Report.--The Administrator and the 
Attorney General of the United States may reject the allocator's report 
if they jointly determine that--
            ``(1) no rational 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;
            ``(2) the allocation was affected by bias, fraud, or 
        unlawful conduct; or
            ``(3) the allocation was substantially and directly 
        affected by procedural error.
The allocator's report may not be rejected after the United States has 
accepted a settlement offer (excluding de minimis or other expedited 
settlements under section 122(g)) based on the allocation. The 
Administrator and the Attorney General shall make any such 
determination within 180 days after the receipt of the first offer 
based on the allocator's report. The determinations of the 
Administrator and the Attorney General under this subsection shall not 
be judicially reviewable. No such determination may be delegated to any 
officer or employee of the Environmental Protection Agency or the 
Department of Justice 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.
    ``(m) Second Allocation.--If the United States rejects an 
allocator's report, the parties shall select a new allocator pursuant 
to subsection (e) to perform, on an expedited basis, a new allocation 
based on the same record available to the first allocator. The 
moratorium on commencement of litigation and tolling of statutes of 
limitation set forth in subsection (b) shall be extended until 90 days 
after the issuance of the second allocation report. If the United 
States rejects the second allocation the President may, following the 
expiration of the moratorium on commencement of litigation, commence an 
action under section 107.
    ``(n) New Information.--Any settling party, including the United 
States, may seek a new allocation pursuant to subsection (h), where 
that party presents clear and convincing information or the United 
States otherwise determines on the basis of clear and convincing 
information that--
            ``(1) the allocator did not have information concerning 35 
        percent or more of the materials containing hazardous 
        substances at the facility, and that this information has been 
        discovered subsequent to the issuance of the allocator's 
        report; or
            ``(2) the allocator did not have information concerning a 
        person not subject to the allocation who contributed 15 percent 
        or more of materials containing hazardous substances at the 
        facility, and that this information has been discovered 
        subsequent to the issuance of the allocator's report.
Determinations by the United States pursuant to this subsection shall 
not be subject to judicial review.
    ``(o) Settlement Following Allocation.--
            ``(1) Acceptance of offers.--If, within 90 days after 
        issuance of the allocator's report for an allocation conducted 
        under subsection (a)(1), an allocation party--
                    ``(A) makes a written offer to settle with respect 
                to the response action based on the percentage share 
                specified by the allocator and on the additional terms 
                and conditions of settlement (other than the allocated 
                percentage share) that are acceptable to the President, 
                and
                    ``(B) is not in default on any information requests 
                under this Act,
        then the President shall not seek a higher percentage share 
        other than the premia authorized by this section, unless the 
        President has rejected the offer on a basis other than the 
        percentage share, or unless the Administrator and the Attorney 
        General have rejected the allocation report pursuant to 
        subsection (l).
            ``(2) Explanation of refusal to settle.--If the 
        Administrator and the Attorney General determine not to settle 
        on the basis of the allocation, they shall provide the 
        allocation parties and members of the affected community with a 
        written explanation of the Administrator's determination.
            ``(3) Settlement provisions.--Settlements based on 
        allocated shares shall include each of the following:
                    ``(A) A waiver of contribution rights against all 
                parties who are potentially responsible parties for the 
                response action, as well as a waiver of any rights to 
                challenge any settlement the President enters into with 
                any other potentially responsible party.
                    ``(B) Covenants not to sue, consistent with section 
                122(f), and provisions regarding performance or 
                adequate assurance of performance of response actions 
                addressed in the settlement.
                    ``(C) A premium determined on a site specific basis 
                and subject to the limitations set forth in paragraph 
                (4), that compensates for the United States litigation 
                risk with respect to potentially responsible parties 
                who have not resolved their liability to the United 
                States, except that no such premium shall apply if all 
                parties settle or the settlement covers 100 percent of 
                response costs.
                    ``(D) Contribution protection, consistent with 
                section 113(f), regarding matters addressed in the 
                settlement. Such settlement does not discharge any of 
                the other potentially responsible parties unless its 
                terms so provide, but it reduces the potential 
                liability of the others by the amount of the 
                settlement.
                    ``(E) Provisions through which the settling parties 
                shall receive reimbursement from the Fund for any 
                response costs incurred by such parties in excess of 
                the aggregate of their allocated share and any premia 
                required by the settlement. Such right to reimbursement 
                shall not be contingent on the United States recovery 
                of response costs from any responsible person not a 
                party to any settlement with the United States.
            ``(4) Premium limitations.--The premium authorized by 
        paragraph (3)(C) for litigation risk shall not exceed the 
        following:
                    ``(A) Five percent of the total costs assumed by a 
                settling party, where settlements (and any orphan share 
                identified by the allocator) account for 80 percent or 
                more of responsibility at the facility.
                    ``(B) Ten percent of the total costs assumed by a 
                settling party, where settlements (and any orphan share 
                identified by the allocator) account for more than 60 
                percent and less than 80 percent of responsibility at 
                the facility.
                    ``(C) Fifteen percent of the total costs assumed by 
                a settling party, where settlements (and any orphan 
                share identified by the allocator) account for more 
                than 40 percent and less than 60 percent of 
                responsibility at the facility.
                    ``(D) Twenty percent of the total costs assumed by 
                a settling party, where settlements (and any orphan 
                share identified by the allocator) account for 40 
                percent or less of responsibility at the facility.
        The Administrator shall have authority to promulgate 
        regulations to modify the premia percentages established in 
        this subsection. The Administrator may not propose a rule 
        before the date 36 months after the enactment of this section, 
        and no such rule may take effect before the date 48 months 
        after the enactment of this section. Such rule must be based 
        upon an administrative record establishing that such 
        modification is necessary to reflect actual experience 
        regarding the litigation risk faced by the United States in 
        proceeding against nonsettling parties under this section.
            ``(5) Authorization of reimbursement.--In any settlement in 
        which a party agrees to perform response work in excess of its 
        share, the Administrator shall have authority to carry out his 
        duty to reimburse settling parties under this section pursuant 
        to such reasonable procedures as the Administrator may 
        prescribe.
            ``(6) Reimbursement claims.--The Administrator shall 
        require all claims for reimbursement to be supported by--
                    ``(A) documentation of actual costs incurred; and
                    ``(B) sufficient information to enable the 
                Administrator to determine whether such costs were 
                reasonable.
            ``(7) Settlements with small business parties.--In 
        connection with any small business allocation party that makes 
        a written offer to settlement pursuant to paragraph (1), and 
        that the President determines has a limited ability or 
        inability to pay its allocated share, the President shall apply 
        the provisions of section 122(g)(1)(D)(ii).
            ``(8) Independent auditing.--The Administrator may require 
        independent auditing of any claim for reimbursement.
    ``(p) Post-Allocation Litigation.--
            ``(1) In general.--The United States may commence an action 
        under section 107 against any person liable under that section 
        who has not resolved its liability to the United States 
        following allocation, on or after 90 days following issuance of 
        the allocator's report. In any such action, such person shall 
        be liable in accordance with section 107 for all response costs 
        not recovered through settlements with other persons. Such 
        recoverable costs shall include any federally funded orphan 
        share identified in accordance with subsection (h), but shall 
        not include any shares allocated to Federal, State, or local 
        governmental agencies, departments, or instrumentalities. 
        Defendants in any such action may implead only allocation 
        parties who did not resolve their liability to the United 
        States. The Administrator and the Attorney General shall issue 
        guidelines to ensure that the relief sought against de minimis 
        parties under principles of joint and several liability will 
        not be grossly disproportionate to their contribution to the 
        facility. The application of such guidelines is committed to 
        the discretion of the Administrator and the Attorney General.
            ``(2) Certification.--In commencing any action under 
        section 107 following allocation, the Attorney General must 
        certify, in the complaint, that the United States has been 
        unable to reach a settlement that would be in the best 
        interests of the United States. This certification shall not be 
        subject to judicial review.
            ``(3) Defendants.--No person may commence an action under 
        section 107 or otherwise seek contribution against any person 
        who was not identified as an allocation party pursuant to 
        subsection (c) or subsequently identified as a potentially 
        liable party under subsection (n) (relating to new 
        information).
            ``(4) Admissibility of allocator's report.--The allocator's 
        report shall not be admissible in any court for any purpose, 
        except as set forth in this section. The allocator's report, 
        subject to the rules and discretion of the court, may be 
        admissible solely for the purpose of assisting the court in 
        making an equitable allocation of response costs among the 
        relative shares of nonsettling liable parties.
            ``(5) Costs of allocation procedure on orphan share.--
                    ``(A) Included as costs of response.--The costs of 
                implementing the allocation procedure set forth in this 
                section, including reasonable fees and expenses of the 
                allocator, shall be considered necessary costs of 
                response for purposes of this Act.
                    ``(B) Orphan share.--The costs attributable to any 
                funding of orphan shares identified by the allocator 
                pursuant to subsection (e)(4) also shall be considered 
                necessary costs of response for purposes of this Act, 
                and shall be recoverable from liable parties who do not 
                resolve their liability on the basis of the allocation.
            ``(6) Rejection of share determination.--In any action by 
        the United States under this title, if the United States has 
        rejected an offer of settlement that is consistent with 
        subsection (o) and that was presented to the United States 
        prior to the expiration of the moratorium period set forth in 
        subsection (b), the offeror shall be entitled to recover from 
        the United States the offeror's reasonable costs of defending 
        the action after the making of the offer (including reasonable 
        attorneys' fees) if the ultimate resolution of liability or 
        allocation of costs with respect to the offeror (taking into 
        account all settlements and reimbursements with respect to the 
        facility other than those attributable to insurance or 
        indemnification), is as, or more, favorable to the offeror than 
        the offer based on the allocation.
    ``(q) Reimbursement for UAO Performance.--
            ``(1) Reimbursement.--Parties who satisfactorily perform 
        work under an administrative order issued under section 106(a) 
        with respect to a remedial action for which an allocation is 
        required by subsection (a)(1), shall be entitled to 
        reimbursement for the reasonable and necessary costs of work 
        they perform in excess of the share assigned to them in the 
        allocation in accordance with the provisions of this section, 
        provided that the allocation report is not rejected by the 
        United States and, that, at the end of the moratorium following 
        the allocation, the performing party, in consideration of such 
        reimbursement--
                    ``(A) agrees not to contest liability for all 
                response costs not inconsistent with the National 
                Contingency Plan to the extent of the allocated share;
                    ``(B) receives no covenant not to sue;
                    ``(C) agrees that its reimbursement shall be 
                reduced by an amount equal to the maximum litigation 
                risk premium provided for in subsection (o)(4) based on 
                the total allocated shares of the allocation parties 
                who have not reached settlements with the United States 
                by the end of the moratorium on commencement of actions 
                provided in subsection (b); and
                    ``(D) waives contribution rights against all 
                parties who are potentially responsible parties for the 
                response action, as well as waives any rights to 
                challenge any settlement the President enters into with 
                any other potentially responsible party.
            ``(2) Offset.--Any and all reimbursement provided to a 
        performing party for work in excess of its share is subject to 
        equitable offset or reduction by the Administrator upon a 
        finding of a failure to perform any aspect of the remedy in a 
        proper and timely manner.
            ``(3) Time of payment.--Any and all reimbursement to a 
        performing party for work in excess of its share shall be paid 
        after work is completed, but no sooner than completion of the 
        construction of the remedial action.
            ``(4) Limit on orphan share funding.--The amount of orphan 
        share funding available to the performing party shall be 
        further limited as follows:
                    ``(A) Performing parties who fully waive their 
                right to challenge remedy selection at the end of the 
                moratorium following allocation shall be entitled to 
                full reimbursement of costs in excess of the party's 
                share and attributable by the allocator to the orphan 
                share paid in nominal dollars after the work is 
                completed, but no sooner than completion of the 
                construction of the remedial action.
                    ``(B) Performing parties who retain their right to 
                challenge the remedy shall be reimbursed for 90 percent 
                of orphan share funding, paid in nominal dollars after 
                the work is completed, but no sooner than completion of 
                the construction of the remedial action, unless the 
                orphan share is less than 20 percent of responsibility 
                at the site, in which case such parties shall be 
                reimbursed only 80 percent of the orphan share.
        For purposes of this subsection `nominal dollars' means actual 
        dollars spent by the performing party, without increase for 
        interest or inflation.
            ``(5) Nonorphan share reimbursement.--Reimbursement for 
        work in excess of the performing party's allocated share but 
        that is not attributable to the orphan share shall be paid in 
        nominal dollars after work is completed, but no sooner than 
        completion of the construction of the remedial action, provided 
        that the performing party is entitled to all interest 
        (prejudgment and post judgment, whether recovered from a party 
        or earned in a site account) that has accrued on money 
        recovered by the United States from other parties for such work 
        at the time construction of the remedy is completed.
            ``(6) Reimbursement claims.--The Administrator shall 
        require that all claims for reimbursement be supported by--
                    ``(A) documentation of actual costs incurred; and
                    ``(B) sufficient information to enable the 
                Administrator to determine whether such costs were 
                reasonable.
            ``(7) Independent auditing.--The Administrator may require 
        independent auditing of any claim for reimbursement.
    ``(r) Capped Appropriated Entitlement.--(1) The United States shall 
pay, subject to the numerical limitation in paragraph (2), in the 
fiscal year 1996, and in each fiscal year thereafter, reimbursements to 
eligible parties for costs incurred and equitably attributable to 
orphan shares in accordance with subsection (h)(4)(A).
    ``(2) There are authorized to be appropriated to the President from 
the Fund not to exceed $300,000,000 for the fiscal year 1996, and for 
each fiscal year thereafter for the payments required by paragraph (1), 
to remain available until expended.
    ``(s) Procedures.--The Administrator, after consultation with the 
Attorney General, may promulgate rules (or guidance) of Agency 
organization, procedure, and practices but shall not have additional 
authority, except as specifically set forth in this section, to 
promulgate rules or publish guidance to restrict the allocator's 
discretion in the conduct of the allocation.
    ``(t) Role of Federal Agencies.--Federal departments, agencies, or 
instrumentalities that are identified as potentially responsible 
parties shall be subject to, and be entitled to the benefits of, the 
allocation process provided by this section to the same extent as any 
other party.
    ``(u) Representation of the United States and Affected States.--The 
Administrator and the Attorney General, and a representative of any 
State that may be responsible for a portion of the orphan share, shall 
be entitled to review all documents and participate in any phase of the 
allocation proceeding.
    ``(v) Annual Report.--The President shall report annually to 
Congress on the administration of the allocation scheme under this 
section, and provide information comparing allocation results with 
actual settlements at multiparty facilities.
    ``(w) Savings Provisions.--(1) Nothing in this section shall in any 
way limit or affect the President's authority to exercise the powers 
conferred by section 103, 104, 105, 106, or 122 of this title, 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.
    ``(2) The procedures established in this section shall not be 
construed to modify or affect in any way the principles of retroactive, 
strict, joint and several liability under this title.
    ``(3) Nothing in this section shall limit or affect--
            ``(A) the Administrator's obligation to perform an 
        allocation for facilities that have been the subject of partial 
        or expedited settlements;
            ``(B) the ability of a potentially responsible party at a 
        facility to resolve its liability to the United States or other 
        parties 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 that 
        is issued, signed, lodged, or entered with respect to liability 
        under this Act or that authorizes modification of any such 
        order, judgment or decree; or
            ``(D) the validity, enforceability, finality or merits of 
        any preexisting contract or agreement relating to any 
        allocation of responsibility or any sharing of response costs 
        under this Act.
    ``(x) Response Action Contractor.--Notwithstanding any other 
provision of this section, any liability of a response action 
contractor under this Act shall be determined in accordance with 
section 119, to the extent such liability arises from a person's 
activities as a response action contractor.''.

SEC. 414. RECYCLING TRANSACTIONS.

    (a) Purposes.--The purposes of this section are--
            (1) to promote the reuse and recycling of scrap material in 
        furtherance of the goals of waste minimization and natural 
        resource conservation while protecting human health and the 
        environment;
            (2) to level the playing field between the use of virgin 
        materials and recycled materials; and
            (3) to remove the disincentives and impediments to 
        recycling because of potential liability.
    (b) Clarification of Liability under CERCLA for Recycling 
Transactions.--Title I is amended by adding after section 128 the 
following new section:

``SEC. 129. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--As provided in subsections (b), 
(c), (d) and (e), a person who arranged for 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;
                    ``(B) the person was in compliance with any 
                applicable regulations or standards regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of scrap metal that the 
                Administrator promulgates under the Solid Waste 
                Disposal Act subsequent to the enactment of this 
                section and with regard to transactions occurring after 
                the effective date of such regulations or standards; 
                and
                    ``(C) the person did not melt the scrap metal prior 
                to the transaction.
            ``(2) For purposes of paragraph (1)(C), melting of scrap 
        metal does not include the thermal separation of 2 or more 
        materials due to differences in their melting points (referred 
        to as `sweating').
            ``(3) For the purposes of this subsection, the term `scrap 
        metal' means bits and pieces of metal parts (e.g. bars, 
        turnings, rods, sheets, wire) or metal pieces that may be 
        combined together with bolts or soldering (e.g. radiators, 
        scrap automobiles, railroad box cars), which when worn or 
        superfluous can be recycled, except for scrap metals that the 
        Administrator excludes from this definition by regulation and 
        steel shipping containers of a capacity from 30 liters to and 
        including 3,000 liters, whether intact or not, having any 
        hazardous substance (but not metal bits or pieces) contained in 
        or adhering thereto.
    ``(e) Transactions Involving Batteries.--(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 additional regulations concerning this 
section.
    ``(j) Effect on Pending or Concluded Actions.--The exemptions 
provided in this section shall not affect any concluded judicial or 
administrative action or any pending judicial action initiated by the 
United States prior to enactment of this section.
    ``(k) Liability for Attorney's Fees for Certain Actions.--Any 
person who commences an action in contribution against a person who is 
not liable by operation of this section shall be liable to that person 
for all reasonable costs of defending that action, including all 
reasonable attorney's and expert witness fees.
    ``(l) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect--
            ``(1) 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. 415. RELEASE OF EVIDENCE.

    (a) Timely Access to Information Furnished Under Section 104(e).--
Section 104(e)(8)(A) (as redesignated by section 401(b)(1) of this Act) 
is further amended by inserting after ``shall be available to the 
public'' the following: ``not later than 14 days after the records, 
reports, or information is obtained''.
    (b) Requirement To Provide PRPs Evidence of Liability.--(1) 
Subsection (a) of section 106 (42 U.S.C. 9606(a)), as amended by 
section 402(a) of this Act, is further amended by adding at the end the 
following: ``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.''.
    (2) Section 122(e)(1) (42 U.S.C. 9622(e)(2)) is amended by 
inserting after subparagraph (C) the following:
                    ``(D) For each potentially responsible party, 
                information concerning the evidence that indicates that 
                each element of liability contained in section 107(a) 
                is present.''.

SEC. 416. CONTIGUOUS PROPERTIES.

    Section 107(a) (42 U.S.C. 9607(a)) is amended by adding at the end 
the following new paragraph:
            ``(10) A person who owns or operates real property that is 
        contiguous to or otherwise situated with respect to real 
        property on which there has been a release of a hazardous 
        substance and that is or may be contaminated by the release 
        shall not be considered an owner or operator of a facility 
        under paragraph (1)(A) solely by reason of such contamination 
        if such person establishes by a preponderance of the evidence 
        that--
                    ``(A) such person exercised due care with respect 
                to the hazardous substance, in light of all relevant 
                facts and circumstances;
                    ``(B) such person took precautions against 
                foreseeable acts or omissions that resulted in the 
                release and the consequences that could foreseeably 
                result from such acts or omissions; and
                    ``(C) such person did not cause or contribute to 
                the release.
        The President may issue assurances of no enforcement action 
        under this Act to such person and may grant such person 
        protection against cost recovery and contribution actions 
        pursuant to section 113(f).''.

            TITLE V--REMEDY SELECTION AND CLEANUP STANDARDS

SEC. 501. CLEANUP STANDARDS.

    Section 121(d) (42 U.S.C. 9621(d)) is amended as follows:
            (1) In paragraph (3), by inserting ``or 4010(c) if 
        appropriate'' after ``3005''.
            (2) By redesignating pargraphs (3) and (4) as paragraphs 
        (9) and (10), respectively.
            (3) By striking out the subsection heading and designation 
        and all that follows through the end of paragraph (2) and 
        inserting in lieu thereof the following:
    ``(d) Establishment of Protective Concentration Levels.--
            ``(1) National goals for the protection of human health and 
        the environment.--In order to provide consistent and equivalent 
        protection of human health and the environment to all 
        communities, within 18 months after the enactment of the 
        Superfund Reform Act of 1994, the Administrator shall 
        promulgate national goals to be applied at all facilities 
        subject to remedial action under this Act. National goals for 
        human health shall be expressed as a single, numerical level 
        for chemical carcinogens and a single, numerical level for 
        noncarcinogens, respectively. The national goals shall provide 
        the basis for protective concentration levels unless the 
        achievement of such goals is technically infeasible or 
        unreasonably costly pursuant to subsection (b). In a case in 
        which the President selects a remedy that does not achieve the 
        national goals, the President shall publish an explanation of 
        the basis for that decision. The national goals shall be 
        developed and promulgated in accordance with sections 561 
        through 570 of title 5, United States Code (commonly referred 
        to as the `Negotiated Rulemaking Act').
            ``(2) Scope and purpose of national risk protocol.--The 
        Administrator shall promulgate a national risk protocol for 
        conducting risk assessments under this Act. The national risk 
        protocol shall be used for risk assessments underlying 
        determinations of the need for remedial action, the 
        establishment of protective concentration levels of chemicals, 
        and the evaluation of remedial alternatives. The goal of the 
        national risk protocol is to promote the use of best available 
        scientific information and promote realistic estimates that 
        neither minimize nor exaggerate the risks or potential risks 
        posed by a facility at which hazardous substances have been 
        disposed of or otherwise come to be located. The national risk 
        protocol shall be developed and promulgated in accordance with 
        sections 561 through 570 of title 5, United States Code, to the 
        extent the Administrator deems appropriate. The national risk 
        protocol shall establish, to the extent appropriate and 
        practicable, the following:
                    ``(A) Standardized exposure scenarios defining 
                exposure pathways for a range of unrestricted and 
                restricted land uses.
                    ``(B) Standardized formulae or methodologies for--
                            ``(i) evaluating the exposure pathways of 
                        concern under the standardized exposure 
                        scenarios established under subparagraph (A); 
                        and
                            ``(ii) developing, consistent with the 
                        national goals under paragraph (1), chemical 
                        concentration levels protective of receptors 
                        currently and reasonably anticipated to be 
                        exposed via the pathways included in such 
                        scenarios for the 100 contaminants most 
                        frequently occurring at facilities addressed 
                        under this Act for which adequate toxicity 
                        information is available.
                    ``(C) Methodologies for facility-specific 
                evaluations of ecological risks.
            ``(3) Standardized formulae or methodologies.--Standardized 
        formulae or methodologies established under subparagraphs (A) 
        and (B) of paragraph (2) shall include the following:
                    ``(A) National constants for specific 
                characteristics of individual chemicals not expected to 
                vary from facility to facility.
                    ``(B) Facility-specific variables for physical 
                characteristics of the facility and other factors. 
                Criteria for identifying such variables shall include 
                the following:
                            ``(i) Whether a characteristic or factor 
                        can be objectively measured based on actual 
                        facility data or reasonably estimated based on 
                        credible scientific studies when facility-
                        measured data cannot be reasonably obtained.
                            ``(ii) Whether the effects of a 
                        characteristic or factor are scientifically 
                        well-understood.
                            ``(iii) Whether the impact of the 
                        characteristic or factor on estimations of risk 
                        or protective concentration levels is 
                        significant.
                    ``(C) Exposure factors related to demographics 
                (including separate exposure factors for sensitive 
                subpopulations to be applied where relevant), activity 
                patterns, and natural constraints. Defaults or ranges 
                of default values shall be established for such factors 
                and used unless verifiable data are presented that the 
                defaults are significantly different from actual 
                facility conditions. In such cases, the values shall be 
                determined on a site-specific basis after consideration 
                of any views expressed by the Community Working Group, 
                if available, and the affected community.
            ``(4) Application of national risk protocol.--(A) The 
        President shall conduct an analysis at each facility to 
        determine which exposure scenarios, pathways, and contaminants 
        are relevant to that facility. Where standardized formulae or 
        methodologies for addressing such relevant scenarios, pathways, 
        and contaminants are available, they shall be used.
            ``(B) Standardized formulae or methodologies for exposure 
        pathways that do not exist or are not reasonably anticipated to 
        exist in the future at a facility shall not be applied in 
        establishing protective concentration levels for the facility.
            ``(C) Where standardized formulae or methodologies for 
        particular exposure scenarios, exposure pathways, or chemicals 
        are unavailable, facility-specific risk assessment shall be 
        used.
            ``(5) Considerations in establishing the national risk 
        protocol.--(A) In developing the national risk protocol under 
        paragraph (2), the Administrator shall evaluate and, to the 
        degree appropriate and practicable--
                    ``(i) identify appropriate sources of toxicity 
                information;
                    ``(ii) define the use of probabilistic modeling;
                    ``(iii) identify criteria for the selection and 
                application of transport and fate models;
                    ``(iv) define the use of high end and central 
                tendency exposure cases and assumptions;
                    ``(v) define the use of population risk estimates 
                in addition to individual risk estimates;
                    ``(vi) define appropriate approaches for addressing 
                cumulative risks posed by multiple contaminants or 
                multiple exposure pathways; and
                    ``(vii) establish appropriate sampling approaches 
                and data quality requirements.
            ``(B) The national risk protocol shall establish guidelines 
        for all risk assessments conducted under paragraph (2), 
        including those by which protective concentration levels are 
        established, which result in final protection at the 90th 
        exposure percentile of the affected population defined by the 
        President.
            ``(6) Phasing and updating of the national risk protocol.--
        The national risk protocol shall be developed in accordance 
        with a schedule promulgated by the Administrator within 90 days 
        after the date of enactment of the Superfund Reform Act of 
        1994. The national risk protocol may be developed and 
        promulgated in phases as determined appropriate by the 
        Administrator. The final protocol shall be promulgated within 
        18 months after the enactment of such Act. The Administrator 
        also shall determine an appropriate approach and schedule for 
        ensuring that the national risk protocol remains current with 
        emerging science and relevant Agency policy.
            ``(7) Federal and state laws.--(A) A remedial action shall 
        be required to--
                    ``(i) comply with the substantive requirements of 
                any promulgated standard, requirement, criterion, or 
                limitation under any Federal, or more stringent State, 
                environmental or facility siting law that is applicable 
                to the conduct or operation of the remedial action;
                    ``(ii) attain any promulgated protective 
                concentration levels applicable to determining the 
                level of cleanup for remedial actions conducted under 
                any State environmental law where such levels are more 
                stringent than those established under subparagraph 
                (C)(i) or the concentration levels determined to be 
                protective for a given facility in accordance with the 
                requirements of paragraph (2); and
                    ``(iii) comply with or attain any other promulgated 
                standard, requirement, criterion, or limitation under 
                any State environmental or facility siting law that the 
                State demonstrates is consistently applied to remedial 
                actions under State law, and that the State determines, 
                through a promulgation process which includes public 
                notice, comment, and written response thereto, and 
                opportunity for judicial review, apply to remedial 
                actions under the Act.
            ``(B) Compliance with any State standard, criterion, 
        requirement, or limitation under subparagraph (A) shall be 
        required at a given facility if it has been identified by the 
        State to the President in a timely manner as applicable at that 
        facility. In addition, each State shall publish a comprehensive 
        list of the promulgated standards, criteria, requirements, or 
        limitations that the State may apply to remedial actions under 
        this Act and revise such list periodically. The State shall 
        also revise such list as requested by the President.
            ``(C)(i) A goal of this Act is to restore any contaminated 
        ground water and surface water that may be used for drinking 
        water to--
                    ``(I) the level of any maximum contaminant level or 
                non-zero maximum contaminant level goal for any 
                hazardous substance, pollutant, or contaminant which 
                has been established under title XIV of the Public 
                Health Service Act (the Safe Drinking Water Act), and
                    ``(II) a protective concentration level that 
                attains the goal in paragraph (1) for any other 
                hazardous substance, pollutant, or contaminant.
        Each total remedy selected under this Act and each protective 
        concentration level established under this subsection shall 
        achieve this goal in the ground water or surface water unless 
        the President makes a finding which is published with an 
        explanation and appropriate documentation that the achievement 
        of the goal is technically impracticable from an engineering 
        perspective or, in the case of ground water that meets the 
        requirements of subsection (b)(4)(C) and has low levels of 
        contamination relative to such goal, compliance with or 
        attainment of such goal is unreasonably costly. Upon making 
        such a finding, the President shall publish the alternative 
        remedial strategy and its goals.
            ``(ii) For the purpose of this section, the phrase `ground 
        water that may be used for drinking water' shall not include 
        ground waters (I) containing more than 10,000 milligrams per 
        liter total dissolved solids, (II) that are so contaminated by 
        naturally occurring conditions or by the effects of broad-scale 
        human activity unrelated to a specific activity that 
        restoration of drinking water quality is impracticable, or 
        (III) the potential source of drinking water is physically 
        incapable of yielding a quantity of 150 gallons per day of 
        water to a well or spring without adverse environmental 
        consequences.
            ``(iii) Remedial actions for contaminated ground water 
        (other than ground water that may be used for drinking water) 
        shall attain levels appropriate for the current or reasonably 
        anticipated future use of such ground water, or levels 
        appropriate considering the current use of any ground water or 
        surface water to which such contaminated ground water 
        discharges.
            ``(iv) Concentration levels other than those required under 
        clause (i) may be established for ground water that may be used 
        for drinking water in any case in which the following 
        conditions are met:
                    ``(I) The President determines that the use of 
                alternate concentration levels is appropriate.
                    ``(II) There are known and projected points of 
                entry of such ground water into surface water.
                    ``(III) On the basis of measurements or 
                projections, there is or will be no increase of such 
                constituents that would pose a threat to human health 
                or the environment from such ground water in such 
                surface water.
                    ``(IV) The remedial action includes enforceable 
                measures that will preclude human exposure to the 
                contaminated ground water within the facility and up to 
                all known and projected points of entry of such ground 
                water into surface water.
                    ``(V) Monitoring to ensure attainment of the 
                alternative concentration level is conducted in ground 
                water at a point or points immediately prior to where 
                the ground water enters into surface water. In such 
                cases, the point of human exposure may be assumed to be 
                at such known and projected points of entry.
            ``(v) Not later than 18 months after the date of the 
        enactment of the Superfund Reform Act of 1994, after notice and 
        comment, the President shall publish guidance as to 
        determinations of technical impracticability from an 
        engineering perspective to achieve the goal of this 
        subparagraph, for use in the selection of remedies for 
        contaminated ground water under subsection (b). Such guidance 
        shall identify certain hazardous substances, pollutants, or 
        contaminants and certain geological or hydrological 
        characteristics of facilities with ground water contamination, 
        or combinations thereof, for which restoration in accordance 
        with subclauses (I) and (II) of clause (i) may be from an 
        engineering perspective technically impracticable or 
        technically practicable. Such guidance shall be taken into 
        consideration under subsection (b)(4)(A)(x) and this 
        subparagraph.
            ``(vi) The President shall make findings of technical 
        impracticability from an engineering perspective (including 
        findings under this subparagraph or subparagraph (E) or 
        subsection (b)(4)(A) on the basis of projections, modeling, 
        measures undertaken under subsection (b)(4)(B), 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.
            ``(D) Procedural requirements of Federal and State 
        standards, requirements, criteria, or limitations, including 
        permitting requirements, shall not apply to response actions 
        conducted on-site. Compliance with subparagraph (A) shall not 
        be required with respect to return, replacement, or disposal of 
        contaminated media or residuals of contaminated media into the 
        same medium in or very near existing areas of contamination on-
        site.
            ``(E)(i) The President may select a remedial action meeting 
        the requirements of paragraph (1) that does not comply with or 
        attain a Federal or State standard, requirement, criterion, or 
        limitation as required by subparagraphs (A) and (C), if the 
        President finds any of the following:
                    ``(I) The remedial action selected is only part of 
                a total remedial action that will comply with or attain 
                the applicable requirements of subparagraphs (A) and 
                (C) of this paragraph when completed.
                    ``(II) Compliance with or attainment of such 
                requirement at that facility will result in greater 
                risk to human health and the environment than 
                alternative options.
                    ``(III) Compliance with or attainment of such 
                requirement is technically impracticable from an 
                engineering perspective.
                    ``(IV) The remedial action selected will attain a 
                standard of performance that is equivalent to that 
                required under a standard, requirement, criterion, or 
                limitation identified under subparagraph (A) through 
                use of another approach.
                    ``(V) With respect to a State standard, 
                requirement, criterion, or limitation under clauses 
                (i), (ii), and (iii) of subparagraph (A), the State has 
                not consistently applied (or demonstrated the intention 
                to consistently apply) the standard, requirement, 
                criterion, or limitation in similar circumstances at 
                other remedial actions within the State.
                    ``(VI) In the case of a remedial action to be 
                undertaken solely under section 104 using the Fund, a 
                selection of a remedial action that complies with or 
                attains standards, criteria, requirements, or 
                limitations will not provide a balance between the need 
                for protection of public health and welfare and the 
                environment at the facility under consideration, and 
                the availability of amounts from the Fund to respond to 
                other facilities that present or may present a threat 
                to public health or welfare or the environment, taking 
                into consideration the relative immediacy of such 
                threat.
                    ``(ii) The President shall publish any findings 
                made under clause (i), together with an explanation and 
                appropriate documentation.
    ``(8)(A) Except as provided in subparagraph (B), a State standard, 
requirement, criteria, or limitation (including any State siting 
standard or requirement) which could effectively result in the 
statewide prohibition of land disposal of hazardous substances, 
pollutants, or contaminants shall not apply.
    ``(B) Any State standard, requirement, criteria, or limitation 
referred to in subparagraph (A) shall apply where each of the following 
conditions is met:
            ``(i) The State standard, requirement, criteria, or 
        limitation is of general applicability and was adopted by 
        formal means.
            ``(ii) The State standard, requirement, criteria, or 
        limitation was adopted on the basis of hydrologic, geologic, or 
        other relevant considerations and was not adopted for the 
        purpose of precluding onsite remedial actions or other land 
        disposal for reasons unrelated to protection of human health 
        and the environment.
            ``(iii) The State arranges for, and assures payment of the 
        incremental costs of utilizing, a facility for disposition of 
        the hazardous substances, pollutants, or contaminants 
        concerned.''.

SEC. 502. REMEDY SELECTION.

    Section 121(b) (42 U.S.C. 9621(b)) is amended to read as follows:
    ``(b) General Rules. --
            ``(1) Selection of protective remedies.--Remedies selected 
        at individual facilities shall be protective of human health 
        and the environment and provide long-term reliability at 
        reasonable cost. A remedial action may achieve protection of 
        human health and the environment through treatment that reduces 
        the toxicity, mobility, or volume of hazardous substances, 
        pollutants, or contaminants; containment or other engineering 
        controls to limit exposure; a combination of treatment and 
        containment; or other methods of protection. 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 paragraphs (2) and (3). When 
        determining the appropriate remedial method, treatment is to be 
        preferred for hot spots as defined under paragraph (3)(B). This 
        preference shall not apply to materials that do not constitute 
        hot spots.
            ``(2) Land use.--(A) In selecting a remedy, the President 
        shall take into account the reasonably anticipated future uses 
        of land at a facility as required by this Act. In identifying 
        reasonably anticipated future land uses the President shall 
        consider factors, which generally shall include the following:
                    ``(i) Any consensus recommendation of the Community 
                Working Group and any other views expressed by members 
                of the affected community. The President shall consider 
                the consensus recommendation of a reuse entity which 
                has been established for a Federal facility scheduled 
                for closure or realignment instead of any corresponding 
                consensus recommendation of a Community Working Group 
                if the reuse entity has been in existence for a period 
                of at least 1 year and has a membership that is 
                representative of the community and that is similar to 
                the membership of a Community Working Group.
                    ``(ii) The land use history of the facility and 
                surrounding properties, the current land uses of the 
                facility and surrounding properties, recent development 
                patterns in the area where the facility is located, and 
                population projections for that area.
                    ``(iii) 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.
                    ``(iv) The current land use zoning and future land 
                use plans of the local government with land use 
                regulatory authority.
                    ``(v) The potential for economic redevelopment.
                    ``(vi) The proximity of the contamination to 
                residences, sensitive populations or ecosystems, 
                natural resources, or areas of unique historic or 
                cultural significance.
                    ``(vii) Current plans for the facility by the 
                property owner or owners, not including potential 
                voluntary remedial measures.
            ``(B) In developing its recommendation, the Community 
        Working Group shall consider factors (ii) through (vii) of 
        subparagraph (A), and the President shall give substantial 
        weight to that recommendation where consensus is reached, or 
        substantial weight to the views of the affected community where 
        the Community Working Group does not reach consensus in 
        accordance with section 117(g).
            ``(C) All information considered by the President in 
        evaluating reasonably anticipated future land uses under this 
        paragraph shall be included in the administrative record under 
        section 113(k).
            ``(3) Appropriate remedial action.--(A) The President shall 
        identify and select an appropriate remedy that prevents 
        exposures in excess of protective concentration levels 
        established under subsection (d) by balancing the following 
        factors:
                    ``(i) The effectiveness of the remedy.
                    ``(ii) The long-term reliability of the remedy, 
                that is, its capability to achieve long-term protection 
                of human health and the environment considering the 
                preference for treatment of hot spots.
                    ``(iii) Any short-term risk posed by the 
                implementation of the remedy to the affected community, 
                to those engaged in the cleanup effort, and to the 
                environment.
                    ``(iv) The acceptability of the remedy to the 
                affected community.
                    ``(v) The reasonableness of the cost of the remedy.
            ``(B) Hot spots.--The following shall apply to the 
        remediation of hot spots:
                    ``(i) For purposes of this section, the term `hot 
                spot' means a discrete area within a facility that 
                contains hazardous substances, pollutants or 
                contaminants that are present in high concentrations, 
                are highly mobile, or cannot be reliably contained, 
                that would present a significant risk to human health 
                or the environment should exposure occur. The President 
                shall develop guidelines for the identification of hot 
                spots. Such guidelines shall recommend appropriate 
                field investigations that will not require 
                extraordinarily complex or costly measures.
                    ``(ii) In determining an appropriate remedy for hot 
                spots, the President shall consider the factors under 
                subparagraph (A). With respect to the factor in clause 
                (v), the President shall use a higher threshold for 
                evaluating the reasonableness of costs for hot spot 
                treatment relative to the remediation of non-hot spot 
                materials.
                    ``(iii) The President shall select a remedy 
                requiring treatment of materials constituting hot spots 
                unless an appropriate treatment technology is 
                unavailable or is available only at unreasonable cost. 
                In such instances, the President shall select an 
                interim containment remedy for such hot spot subject to 
                adequate monitoring and public reporting to ensure its 
                continued integrity and shall review the interim 
                containment remedy in accordance with subsection (c). 
                When the appropriate treatment technology becomes 
                available, as determined by the President, that remedy 
                shall be considered in accordance with this section.
                    ``(iv) Notwithstanding the presence of a hot spot, 
                the President may select a final containment remedy for 
                hot spots at landfills and mining sites or similar 
                facilities under the following circumstances:
                            ``(I) The hot spot is small relative to the 
                        overall volume of waste or contamination being 
                        addressed, the hot spot is not readily 
                        identifiable and accessible, and without the 
                        presence of the hot spot containment would have 
                        been selected as the appropriate remedy under 
                        subparagraph (A) for the larger body of waste 
                        or area of contamination in which the hot spot 
                        is located.
                            ``(II) The volume and areal extent of the 
                        hot spot is extraordinary compared to other 
                        facilities, and it is highly unlikely due to 
                        the size and other characteristics of the hot 
                        spot that any treatment technology will be 
                        developed that could be implemented at 
                        reasonable cost.
        Where final containment for a hot spot is selected, the 
        President shall publish an explanation of the basis for that 
        decision.
            ``(4) Selection of response actions for ground water 
        contamination.--
                    ``(A) Factors.--The President shall identify and 
                select an appropriate remedy for contaminated ground 
                water that achieves protection of human health and the 
                environment pursuant to subsection (d)(1) and the goal 
                as determined pursuant to subsection (d)(7)(C) by 
                taking into consideration the following factors:
                            ``(i) The effectiveness of the remedy in 
                        achieving the goal under subsections (d)(1) and 
                        (d)(7)(C).
                            ``(ii) The long-term reliability of the 
                        remedy, that is, its capability to achieve 
                        long-term protection of human health and the 
                        environment.
                            ``(iii) Any short-term risk posed by the 
                        implementation of the remedy to the affected 
                        community, to those engaged in the cleanup 
                        effort, and to the environment.
                            ``(iv) The acceptability of the remedy to 
                        the affected community.
                            ``(v) The urgency of the need for the 
                        ground water.
                            ``(vi) The reasonableness of the cost of 
                        the remedy.
                            ``(vii) The timing of the implementation of 
                        any such remedy or potential achievement of 
                        such goal in relation to the timing of the use 
                        of such ground water.
                            ``(viii) The ability of such remedy to 
                        prevent human exposure to such contaminated 
                        water.
                            ``(ix) The ability of such remedy to 
                        achieve the goal of restoration.
                            ``(x) The technical practicability of the 
                        remedy (including any determinations as 
                        provided in subsection (d)(7)(C)).
                    ``(B) Early evaluation and response measures.--(i) 
                To facilitate efficient and effective site 
                characterization that promotes early evaluation of 
                remedial alternatives and to prevent the 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 including the 
                remedial investigation. Such data shall include 
                information from response actions under clause (ii).
                    ``(ii) To facilitate efficient and effective site 
                characterization that promotes early evaluation of 
                remedial alternatives and to prevent the ground water 
                contamination problems from worsening, the President 
                shall, as appropriate, consistent with the factors in 
                subparagraph (A), and to the extent technically 
                practicable from an engineering perspective, implement 
                early response measures to minimize further contaminant 
                migration and reduce the risk of exposure to 
                contaminated ground water. Such measures may include 
                containment of the leading edge of the plume to prevent 
                further contamination of unaffected portions of an 
                aquifer, removal of source material, remediation of 
                highly contaminated ground water, and installation of 
                physical barriers or caps to contain releases from 
                source materials. Such measures shall be monitored to 
                collect detailed information on site characterization 
                and potential remedial alternatives.
                    ``(C) Minimum requirements.--Subject to subsection 
                (d)(7)(C), any remedy for contaminated ground water 
                that may be used for drinking water selected under this 
                paragraph shall--
                            ``(i) prevent or eliminate any actual human 
                        exposure through drinking water to any 
                        hazardous substance, pollutant or contaminant 
                        at levels in excess of the maximum contaminant 
                        level or non-zero maximum contaminant level 
                        goal established under title XIV of the Public 
                        Health Service Act (the Safe Drinking Water 
                        Act) including, as appropriate, the provision 
                        of an alternate water supply;
                            ``(ii) unless technically impracticable 
                        from an engineering perspective, prevent 
                        impairment of any surface water designated use 
                        established under section 303 of the Federal 
                        Water Pollution Control Act caused by such 
                        hazardous substance, pollutant, or contaminant 
                        in any surface water body into which such 
                        contaminated ground water is known or projected 
                        to enter;
                            ``(iii) assure that concentrated areas of 
                        hazardous substances, pollutants, or 
                        contaminants in the ground water, including any 
                        known source area within such ground water, 
                        shall be contained to the extent technically 
                        feasible and to the extent technically 
                        practicable from an engineering perspective, 
                        and consistent with effective containment, such 
                        hazardous substance, pollutants, or 
                        contaminants shall be treated;
                            ``(iv) assure that unless technically 
                        impracticable from an engineering perspective 
                        the spatial extent of such contamination shall 
                        not be allowed to increase beyond that detected 
                        or known at the time of the selection of 
                        remedial action, except as provided in 
                        subsection (d)(7)(C)(iv); and
                            ``(v) provide for long-term monitoring of 
                        such ground water, as appropriate (including 
                        any information needed for the purposes of 
                        review under subsection (c)).
                    ``(D) Periodic review.--Each remedial action 
                conducted pursuant to subsection (d)(7)(E)(i)(III) 
                shall be reviewed no less often than every 5 years as 
                provided in subsection (c). If the President determines 
                that characteristics at the facility have changed or 
                that remedial alternatives have become available to 
                attain the goal of subsection (d)(7)(C), the President 
                shall select a new remedy in accordance with this 
                section.
            ``(5) Generic remedies.--In order to streamline the remedy 
        selection process and to facilitate rapid voluntary action, the 
        President shall establish, taking into account the factors 
        enumerated in paragraph (3)(A), cost-effective generic remedies 
        for categories of facilities, and expedited procedures that 
        include community involvement for selecting generic remedies at 
        an individual facility. To be eligible for selection at a 
        facility, a generic remedy shall be protective of human health 
        and the environment at that facility. In appropriate cases, the 
        President may select a generic remedy without considering 
        alternatives to the generic remedy.
            ``(6) 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 the use of ground 
        water, or restrictions on the use of surface water, and ensure 
        that such restrictions are incorporated into a hazardous 
        substance easement, as provided by section 104(k). In reviewing 
        remedial action alternatives which 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 for acquiring hazardous substance easements 
        and enforcing the appropriate restrictions.''.

SEC. 503. MISCELLANEOUS AMENDMENTS TO SECTION 121.

    (a) Review.--Section 121(c) (42 U.S.C. 9621(c)) is amended--
            (1) in the first sentence, by striking out ``initiation'' 
        and inserting in lieu thereof ``completion of all physical on-
        site construction,'';
            (2) in the second sentence, by inserting ``(1)'' after ``it 
        is the judgment of the President that''; and
            (3) in the second sentence, by inserting after ``section 
        104 or 106,'' the following: ``or (2) an interim containment 
        remedy was selected for such site and an appropriate final 
        remedial action is available under subsection (b)(3)(B)(iii) 
        and appropriate to select in accordance with subsection 
        (b)(3)(A) of this section,''.
    (b) Section 121(e)(1) (42 U.S.C. 9621(e)(1)) is amended by adding 
at the end thereof the following: ``Furthermore, no Federal, State, or 
local permit or permit application shall be required for on-site or 
off-site activities conducted under section 311(b).''.

SEC. 504. RESPONSE AUTHORITIES.

    (a) Studies and Investigations.--Section 104(b)(1) (42 U.S.C. 
9604(b)(1)) is amended in the second sentence by striking ``studies'' 
and all that follows through the end of the sentence and inserting in 
lieu thereof the following: ``actions, studies, or investigations as he 
may deem necessary or appropriate to plan and direct response actions 
or to enforce the provisions of this Act and shall be entitled to 
recover the costs thereof.''.
    (b) Disposal Authority.--Section 104(j) (42 U.S.C. 9604(j)) is 
amended--
            (1) in paragraph (1), by striking ``remedial'' in the first 
        sentence and inserting ``response'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraph (3) as paragraph (2) and in 
        that paragraph by striking ``estate'' and inserting 
        ``property''; and
            (4) by inserting after paragraph (2) (as redesignated) the 
        following new paragraph:
            ``(3) Disposal authority.--The President is authorized to 
        dispose of any interest in real property acquired for use by 
        the Administrator 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.''.
    (c) Private Party Removal Limitations.--Section 104(a)(2) (42 
U.S.C. 9604(a)(2)) is amended by adding at the end the following: ``In 
any case in which implementation of a removal action is expected to 
obviate or in fact does obviate the need to conduct a long-term 
remedial action, such removal action must--
                    ``(A) comply with the protective concentration 
                levels and other standards in subsections (b) and (d) 
                of section 121; and
                    ``(B) allow for public participation in accordance 
                with seciton 117 to the maximum extent practicable.''.

SEC. 505. REMOVAL ACTIONS.

    (a) Obligations from Fund.--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 
        ``$4,000,000''; and
            (3) by striking ``12 months'' and inserting ``two years''.
    (b) Non-Emergency Removals.--Section 120(e) (42 U.S.C. 9620(e)) is 
amended by adding at the end the following new paragraph:
            ``(7) Notification of and concurrence from epa or state for 
        non-emergency removal actions.--(A) Before the commencement of 
        any non-emergency removal action by a department, agency, or 
        instrumentality of the United States, such department, agency, 
        or instrumentality shall--
                    ``(i) notify the Environmental Protection Agency 
                and the State of the planned removal action; and
                    ``(ii) obtain, in the case of facilities which are 
                listed or proposed for listing on the National 
                Priorities List, concurrence in the planned removal 
                action from the Environmental Protection Agency or the 
                State, as applicable.
            ``(B) The lack of concurrence under clause (ii) shall not 
        delay the commencement of the remedial investigation and 
        feasibility study in accordance with the time requriements of 
        this section. The requriements of this paragraph relating to 
        notification and concurrence shall not affect, alter, or 
        supplant, directly or indirectly, the applicability of any 
        State law to the removal action concerned. Within a reasonable 
        period of time after any emergency removal action is carried 
        out by a department, agency, or instrumentality of the United 
        States, the department, agency, or instrumentality shall notify 
        the Environmental Protection Agency or the State, as 
        appropriate, of the removal action.''.

SEC. 506. 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, pollutant, or contaminant, the President 
        may acquire, at fair market value for the interest acquired, a 
        hazardous substance easement which restricts, limits, or 
        controls the use of land or other natural resources, including 
        specifying permissible or impermissible uses of land, 
        prohibiting specified activities upon property, prohibiting the 
        drilling of wells or use of ground water, or restricting the 
        use of surface water.
            ``(2) Use of easements.--A hazardous substance easement and 
        notice of a property use restriction under this subsection 
        shall 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 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 in perpetuity (unless terminated 
        and released as provided for in this section) against any owner 
        of the affected property and all persons who subsequently 
        acquire 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 or other natural resources provided 
        for in the hazardous substance easement. Failure to record such 
        a notice shall not relieve the affected persons from the 
        requirements of the 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 for the interest acquired. The costs of obtaining 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 or other natural resources in order to prevent 
                exposure to, reduce the likelihood of, or otherwise 
                respond to, a release or threatened release of a 
                hazardous substance, pollutant, or contaminant, and 
                which is expressly designated in writing as a hazardous 
                substance easement within the meaning of this 
                paragraph, shall create the same rights, have the same 
                legal effect, and be enforceable in the same manner as 
                a hazardous substance easement acquired by the 
                President regardless of whether the interest in 
                property is otherwise denominated as an easement, 
                covenant, or any other form of property right.
            ``(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 work 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 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 in the same manner and to 
                the same extent, including penalties, as for failure to 
                comply with such an order. Such relief may be sought 
                either in enforcement actions under section 106 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 shall 
                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 
                shall notify the party of the violation. If the party 
                does not take appropriate enforcement actions within 30 
                days of such notification, or sooner in the case of an 
                imminent hazard, the President shall 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. 507. TRANSITION.

    (a) Effective Date.--This title, and the amendments made by this 
title, shall become effective 180 days after the date of enactment of 
this Act. Remedies selected under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 following that 
effective date shall be selected as provided in section 121(b) of that 
Act (as amended by this Act) and subject to the Federal and State 
requirements specified in section 121(d)(7) of that Act (as amended by 
this Act).
    (b) Continued Effectiveness of Regulations and Guidance.--Until 
promulgation of the national goals and the national risk protocol under 
section 121(d), the President may continue to rely on current 
regulations and guidance with regard to acceptable risk levels and the 
conduct of risk assessments.
    (c) Prior RODs.--(1) Nothing in this Act shall place upon the 
President an obligation to reopen a record of decision signed prior to 
the effective date of this title.
    (2) If, pursuant to section 117 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, the President 
determines that a change to a record of decision signed prior to the 
effective date of this title is necessary, the President may apply the 
rules in effect at the time the original record of decision was signed.

                        TITLE VI--MISCELLANEOUS

SEC. 601. INTERAGENCY AGREEMENTS AT MIXED OWNERSHIP AND MIXED 
              RESPONSIBILITY FACILITIES.

    Section 120(e) (42 U.S.C. 9620(e)) is amended--
            (1) by inserting at the end of paragraph (4) the following 
        new subparagraph:
                    ``(D) A provision allowing for the participation of 
                other responsible parties (if any) in the response 
                action.''; and
            (2) by inserting after paragraph (7) the following new 
        paragraphs:
            ``(8) Exception to required action.--(A) A department, 
        agency, or instrumentality of the United States that owns or 
        operates a facility over which the department, agency, or 
        instrumentality exercised no regulatory or other control over 
        activities that directly or indirectly resulted in a release or 
        threat of a release of a hazardous substance shall be subject 
        to the requirements of paragraphs (1) through (6), other than 
        subparagraphs (F) and (G) of paragraph (5), unless and to the 
        extent the department, agency, or instrumentality demonstrates 
        to the satisfaction of the Administrator that--
                    ``(i) no department, agency, or instrumentality was 
                the primary or sole source or cause of a release or 
                threat of release of a hazardous substance at the 
                facility;
                    ``(ii) the activities either directly or indirectly 
                resulting in a release or threat of a release of a 
                hazardous substance at the facility were pursuant to a 
                statutory authority and occurred before 1976; and
                    ``(iii) the person or persons primarily or solely 
                responsible for such release or threat of release are 
                financially viable and are capable of performing or 
                financing all or a portion of the response action at 
                the facility.
            ``(B) If the conditions listed in clauses (i) through (iii) 
        of subparagraph (A) are not met, the applicable terms of this 
        subsection apply to the department, agency, or instrumentality 
        of the United States at the facility. Upon determination by the 
        Administrator that a department, agency, or instrumentality 
        qualifies for the exception provided by this paragraph, the 
        head of such department, agency, or instrumentality may 
        exercise enforcement authority under section 106. To the extent 
        a person who has been issued an order under the authority of 
        this paragraph seeks reimbursement under the provisions of 
        section 106, the relevant department, agency, or 
        instrumentality, and not the Fund, shall be the source of any 
        appropriate reimbursement. If the relevant department, agency, 
        or instrumentality has failed to obtain the performance of 
        response actions by responsible parties pursuant to an order or 
        consent decree within 12 months after the facility has been 
        listed on the National Priorities List, the exception provided 
        by this paragraph shall be void and the department, agency, or 
        instrumentality shall, in consultation with the Administrator 
        and appropriate State authorities, commence a remedial 
        investigation and feasibility study for such facility within 
        six months after the expiration of the 12-month period.
            ``(9) An interagency agreement 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 of applicable law, unless such requirements have 
        been specifically--
                    ``(A) addressed; or
                    ``(B) waived;
        without objection from the State prior to or at the time the 
        response action is selected pursuant to section 121.''.

SEC. 602. 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. 603. TRANSFERS OF UNCONTAMINATED PROPERTY.

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

SEC. 604. AGREEMENTS TO TRANSFER BY DEED.

    Section 120(h) (42 U.S.C. 9620(h)) is amended by adding after 
paragraph (5) the following new paragraph:
            ``(6) Agreements to transfer by deed.--Nothing in this 
        subsection shall be construed to prohibit the head of the 
        department, agency, or instrumentality of the United States 
        from entering into an agreement to transfer by deed real 
        property or facilities prior to the entering of such deed.''.

SEC. 605. ALTERNATIVE OR INNOVATIVE TREATMENT TECHNOLOGIES.

    Section 111(a) is amended by adding after paragraph (6) the 
following new paragraph:
            ``(7) Alternative or innovative treatment technologies.--
        Payment of no more than 50 percent of response costs incurred 
        by a potentially liable party in taking actions approved by the 
        Administrator to achieve required levels of response under this 
        Act after employing an alternative or innovative technology 
        that fails to achieve a level of response required under this 
        Act pursuant to an administrative order or consent decree. The 
        Administrator shall issue guidance on the procedures for the 
        appropriate level of funding for response activities using 
        alternative innovative technologies as defined in section 
        311(b)(10) that are necessary to achieve a level of response 
        required under this Act. The Administrator shall review and 
        update such guidance, as appropriate.''.

SEC. 606. 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 (14) is amended by adding at the end the 
        following: ``The term includes methane, but only when a 
        response action undertaken to address a release or threat of 
        release of a hazardous substance (as otherwise defined in this 
        paragraph) at a landfill or similar site also addresses 
        methane.''.
            (3) Paragraph (20) is amended--
                    (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''; and
                    (C) by adding after subparagraph (D) the following 
                new subparagraphs:
            ``(E)(i) The term `owner or operator' includes a trust or 
        estate or a person who holds title to a vessel or facility, or 
        otherwise is affiliated with the vessel or facility solely in a 
        fiduciary capacity. Subject to clauses (ii) and (iii), a 
        fiduciary holding such title or having such affiliation shall 
        be personally subject to the obligations and liabilities of an 
        owner or operator to the same extent as if the vessel or 
        facility were held by the fiduciary free of trust.
            ``(ii) The personal obligations and liabilities of a 
        fidicuary referred to in clause (i) shall be limited to the 
        extent to which the assets of the trust or estate are 
        sufficient to indemnify the fiduciary, unless--
                    ``(I) the obligations and liabilities would have 
                arisen even if the person had not served as fiduciary;
                    ``(II) the fiduciary's own failure to exercise due 
                care with respect to a vessel or facility caused or 
                contributed to the release of hazardous substances 
                following establishment of the trust, estate, or 
                fiduciary relationship;
                    ``(III) the fiduciary had a role in establishing 
                the 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; or
                    ``(IV) the fiduciary has not complied with such 
                other requirements as the Administrator may set forth 
                by regulation.
            ``(iii) A fiduciary shall not be personally liable for 
        undertaking or directing another to undertake a response action 
        under section 107(d)(1).
            ``(F) 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.''.
            (4) 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.''.
            (5) 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''.
            (6) 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'''.
            (7) Paragraph (33) (relating to the term ``pollutant or 
        contaminant'') is amended by striking ``; except that the'' and 
        inserting ``. The''.
            (8) Paragraph (35) (relating to the term ``contractual 
        relationship'') is amended--
                    (A) in subparagraph (A)--
                            (i) by striking out clause (iii); and
                            (ii) in the matter preceding clause (i), by 
                        striking out ``clause (i), (ii), or (iii)'' and 
                        inserting ``clause (i) or (ii)'';
                    (B) by amending subparagraph (B) to read as 
                follows:
            ``(B)(i) To establish that the defendant had no reason to 
        know, as provided in clause (i) of subparagraph (A) of this 
        paragraph, the defendant must have undertaken, at the time of 
        the acquisition, all appropriate inquiry into the previous 
        ownership and uses of the facility and its real property in 
        accordance with generally accepted good commercial and 
        customary standards and practices. For the purposes of the 
        preceding sentence and until the Administrator issues or 
        designates standards and practices as provided in clause (ii) 
        of this subparagraph, the court shall take into account any 
        specialized knowledge or experience on the part of the 
        defendant, the relationship of the purchase price to the value 
        of the property if uncontaminated, commonly known or reasonably 
        ascertainable information about the property, the obviousness 
        of the presence or likely presence of contamination at the 
        property, and the ability to detect such contamination by 
        appropriate investigation.
            ``(ii) The Administrator may, by regulation, promulgate 
        standards and practices or, by regulation, designate standards 
        and practices promulgated or developed by others, that satisfy 
        the requirements of this subparagraph. In issuing or 
        designating such standards and practices, the Administrator 
        shall consider factors for the inquiry, including the 
        following:
                    ``(I) Conduct of the inquiry by an environmental 
                professional.
                    ``(II) Inclusion of interviews with past and 
                present owners, operators, and occupants of the 
                facility and its real property for the purpose of 
                gathering information regarding the potential for 
                contamination at the facility and its real property.
                    ``(III) Inclusion of a review of historical 
                sources, such as chain of title documents, aerial 
                photographs, building department records, and land use 
                records, to determine previous uses and occupancies of 
                the real property since it was first developed.
                    ``(IV) Inclusion of a search for recorded 
                environmental cleanup liens, filed under Federal, 
                State, or local law, against the facility or its real 
                property.
                    ``(V) Inclusion of a review of Federal, State, and 
                local government records, such as waste disposal 
                records; underground storage tank records; and 
                hazardous waste handling, generation, treatment, 
                disposal, and spill records, concerning contamination 
                at or near the facility or its real property.
                    ``(VI) Inclusion of a visual inspection of the 
                facility and its real property and of adjoining 
                properties.
                    ``(VII) Any specialized knowledge or experience on 
                the part of the defendant.
                    ``(VIII) The relationship of the purchase price to 
                the value of the property if uncontaminated.
                    ``(IX) Commonly known or reasonably ascertainable 
                information about the property.
                    ``(X) The obviousness of the presence or likely 
                presence of contamination at the property, and the 
                ability to detect such contamination by appropriate 
                investigation
            ``(iii) In the case of property for residential use 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.''; and
                    (C) By adding the following new subparagraph at the 
                end thereof:
            ``(E) The term `contractual relationship' shall not include 
        the initial filing by a claimant of an unpatented mining claim 
        or the issuance of a patent for any such claim.''.
            (9) The following new paragraphs are added after paragraph 
        (38):
            ``(39) Bona fide prospective purchaser.--The term `bona 
        fide prospective purchaser' means a person who acquires 
        ownership of a facility after the date of enactment of the 
        Superfund Reform Act of 1994, or a tenant of such a person, who 
        can establish each of the following by a preponderance of the 
        evidence:
                    ``(A) All active disposal of hazardous substances 
                at the facility occurred before that person acquired 
                the facility.
                    ``(B) The person made all appropriate inquiry into 
                the previous ownership and uses of the facility and its 
                real property in accordance with generally accepted 
                good commercial and customary standards and practices. 
                The regulations promulgated by the Administrator 
                pursuant to paragraph (35)(B)(ii) 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.
                    ``(C) The person provided all legally required 
                notices with respect to the discovery or release of any 
                hazardous substances at the facility.
                    ``(D) 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.
                    ``(E) 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.
                    ``(F) 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.
            ``(40) Fiduciary.--
                    ``(A) Except as provided in subparagraph (B), the 
                term `fiduciary' means a person who owns or controls 
                property--
                            ``(i) as a fiduciary within the meaning of 
                        section 3(31) of the Employee Retirement Income 
                        Security Act of 1974, or as a trustee, 
                        executor, administrator, custodian, guardian, 
                        conservator, or receiver acting for the 
                        exclusive benefit of another person; and
                            ``(ii) who has not previously owned or 
                        operated the property in a non-fiduciary 
                        capacity.
                    ``(B) The term `fiduciary' does not include any 
                person described in subparagraph (A)--
                            ``(i) who acquires ownership or control of 
                        property to avoid the liability of such person 
                        or any other person under this Act; or
                            ``(ii) who owns or controls property on 
                        behalf of or for the benefit of a holder of a 
                        security interest.
            ``(41) 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 
        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.
            ``(42) 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.
            ``(43) 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.
            ``(44) Sewage sludge.--The term `sewage sludge' means 
        solid, semisolid, or liquid residue removed during the 
        treatment of municipal waste water, domestic sewage, or other 
        waste water at or by publicly owned or federally owned 
        treatment works.
            ``(45) Site characterization.--The term `site 
        characterization' means an investigation that determines the 
        nature and extent of a release or potential release of a 
        hazardous substance, pollutant, or contaminant, and that 
        includes an on site evaluation and sufficient testing, 
        sampling, and other field data gathering activities to analyze 
        whether there has been a release or threat of a release of a 
        hazardous substance, pollutant, or contaminant, and the health 
        and environmental risks posed by such a release or threat of 
        release. The investigation also may include review of existing 
        information (available at the time of the review), an off-site 
        evaluation, or other measures that the Administrator considers 
        appropriate.
            ``(46) Owner, operator, or lessee of residential 
        property.--The term `owner, operator, or lessee of residential 
        property' refers to a person who owns, operates, manages, or 
        leases residential property and who uses or allows the use of 
        the residential property exclusively for residential purposes. 
        The term `residential property' refers to single or multi-
        family residences, including accessory land, buildings, or 
        improvements incidental to such dwellings, which are 
        exclusively for residential use.
            ``(47) 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.).
            ``(48) Small nonprofit organization.--The term `small 
        nonprofit organization' means any organization that, at the 
        time of disposal, did not distribute any part of its income or 
        profit to its members, directors, or officers, employed no more 
        than 100 paid individuals at the involved chapter, office, or 
        department, and was recognized as a non-profit organization 
        under section 501(c) of the Internal Revenue Code of 1986.
            ``(49) Small business construction contractor.--The term 
        `small business construction contractor' means a person who--
                    ``(A) is a small business as defined by paragraph 
                (47);
                    ``(B) is not a response action contractor, as 
                defined by section 119(e)(2), for the release or 
                threatened release concerned;
                    ``(C) did not know or have reason to know of the 
                presence of hazardous substances at the facility before 
                beginning construction activities; and
                    ``(D) exercised due care with respect to any 
                hazardous substances discovered during the course of 
                performing construction activities.''.

SEC. 607. RESPONSE CLAIMS PROCEDURES.

    (a) Amendment of Section  111.--Section 111(a)(2) (42 U.S.C. 
9611(a)(2)) is amended by inserting after ``under said plan'' the 
phrase ``, reasonable in amount based on open and free competition or 
fair market value for similar available goods and services,''.
    (b) Amendment of Section 112.--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(a) and, where 
        necessary, withhold claims or a portion thereof which are 
        inconsistent with section 111(a).''.

SEC. 608. 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 IV of the 
        Superfund Reform Act of 1994 in ensuring equitable, simplified, 
        and expedited allocations and settlements for small businesses.

SEC. 609. 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. Nothing in 
this subparagraph shall affect the responsibility of the Administrator 
to schedule and oversee the conduct of remedial action so as to assure 
protection of human health and the environment.''.

SEC. 610. CONSISTENT APPLICATION AMONG REGIONAL OFFICES.

    Section 115 (42 U.S.C. 9615), as amended by section 407, is further 
amended as follows:
            (1) By inserting the following immediately before ``The 
        President'': ``(a) Presidential Rulemaking and Delegation 
        Authority.--''.
            (2) By inserting at the end thereof the following new 
        subsection:
    ``(b) Consistent Application Among Regional Offices.--Each Regional 
Administrator should implement, execute, and enforce this Act and 
regulations, guidance, and policies established in accordance with this 
Act by (1) the President (or by the Administrator pursuant to a 
delegation from the President), or (2) the Administrator (or by the 
Deputy Administrator or an Assistant Administrator pursuant to a 
delegation from the Administrator).''.

SEC. 611. STUDY OF PARTICIPANTS.

    (a) Study.--The Administrator shall undertake a study of current 
Environmental Protection Agency procedures for suspension and debarment 
of persons and business entities, particularly response action 
contractors and to assess the feasibility and cost of creating a 
nationwide data base to track such persons. The study shall include, 
but shall not be limited, to the following items:
            (1) Whether the certification process pursuant to 40 CFR 32 
        regarding debarment and suspensions is sufficient to uncover 
        those persons who have previously served as a principal of a 
        business entity affiliated or unaffiliated with the certifying 
        entity.
            (2) Whether the 3-year period for certification is a 
        sufficient length of time to uncover past activities.
            (3) Whether the process under Federal regulations for 
        determining false certification is sufficient, particularly for 
        those persons who are attempting to hide past debarment or 
        suspension.
            (4) The effectiveness of the current debarment and 
        suspension procedures.
            (5) The practicability of coordination, through a central 
        data base, with other Federal agencies the tracking and sharing 
        of data on such persons who have been debarred or suspended.
            (6) The effectiveness of debarment and suspension on the 
        future conduct of persons or business entities with regard to 
        compliance with Federal and State environmental laws.
            (7) The extent of sharing data within the Environmental 
        Protection Agency and among its regional offices.
            (8) The cost of creating a central data base.
    (b) Report and Recommendations.--The Administrator shall report the 
findings of this study to Congress within 12 months after the enactment 
of this Act. The Administrator shall also make a recommendation to 
Congress whether statutory language or further regulations are 
necessary to correct any problems or deficiencies that may be 
uncovered.

SEC. 612. PUBLIC COMMENT.

    Nothing in this Act or any amendments made by this Act shall limit 
the obligations of the President or the Administrator to fully consider 
and respond to public comments during any available comment period or 
otherwise abridge the requirements of subchapter II of chapter 5 of 
title 5, United States Code (commonly referred to as the Administrative 
Procedures Act).

SEC. 613. CERTIFICATION OF ENVIRONMENTAL TRAINING AND CERTIFICATION 
              ORGANIZATIONS.

    (a) Regulations.--(1) Not later than 2 years after enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall publish guidelines, in accordance with subsection (b), for a 
model State program for organizations that train and certify 
individuals to perform Phase I Environmental Site Assessments.
    (2) The guidelines published under paragraph (1) may include, but 
not be limited to, minimum standards relating to--
            (A) formal environmental training;
            (B) continuing environmental education;
            (C) environmental certification and testing procedures;
            (D) revocation and disciplinary procedures;
            (E) establishment of a code of ethics;
            (F) consumer education;
            (G) certification renewal procedures; and
            (H) annual reporting of program activities.
    (b) Establishment of the Environmental Certification Board.--(1) 
Not later than 60 days after enactment of this Act, the Administrator 
of the Environmental Protection Agency shall establish a certification 
advisory board to be known as the ``Environmental Certification Board'' 
(hereafter in this section referred to as the ``Board'').
    (2) The Board shall consist of a minimum of 6 members, appointed by 
the Administrator, with a demonstrated knowledge in the environmental 
field. The Board may include representatives from the Environmental 
Protection Agency, environmental interest organizations, the chemical/
manufacturing industry, the environmental consulting service industry, 
the insurance industry, the banking/investment industry, professional 
societies, private sector accreditation organizations, State 
government, and other appropriate representatives with a knowledge in 
the environmental field.
    (3) All members of the Board shall serve on a voluntary basis, 
except those members from the Environmental Protection Agency.
    (4) The Board shall appoint 1 member to serve as Chairman of the 
Board who shall exercise the executive and administrative functions of 
the Board.
    (5) Not later than 6 months after the date of enactment of this 
Act, the Board shall issue recommendations to the Administrator which 
shall include, but not be limited to, the minimum standards to be 
established under subsection (a).
    (c) State Adoption of Regulations.--(1) After the publication of 
the guidelines under subsection (a), any State may adopt regulations 
identical (except as provided in paragraph (2) of this subsection) to 
the guidelines promulgated by the Administrator under subsection 
(a)(1).
    (2) Nothing in this section shall be construed to preempt any State 
from issuing and enforcing, at any time, additional or more stringent 
guidelines and regulations regarding the training and certification of 
Phase I environmental professionals.
    (3) Nothing in this section shall be construed to require a 
profession or occupation licensed by a State authority and whose scope 
of practice, as defined by State law, includes Phase I Environmental 
Site Assessments to obtain certification as a ``certified Phase I 
Environmental Site Professional'' as a condition for performing Phase I 
Environmental Site Assessments.
    (4) Nothing in this section shall be construed to permit a 
certified Phase I Environmental Professional to practice within the 
scope of practice of a licensed profession or occupation, as defined by 
State law, unless that individual also meets the requirements of the 
State licensing statute.
    (d) Determination of Compliance.--(1) If a State adopts the 
guidelines issued by the Administrator, any organization that seeks to 
obtain a determination of compliance with the regulations set forth in 
subsection (c) may submit to any such State, in which the organization 
is located, information documenting such compliance.
    (2) Such State shall make the determination of such organization's 
compliance or noncompliance with such regulations.
    (3) Upon a determination of compliance under paragraph (2), the 
State shall issue notice in writing to such organization, indicating 
that such organization is an ``Approved Phase I Environmental Training 
and Certification Organization'' in accordance with this Act. Such 
approval shall be valid for a term to be set by the State, but no 
longer than 5 years.
    (4) A State may charge a reasonable fee, equal to the cost of 
determining compliance under paragraph (2), to each organization that 
applies for such determination. Any such fees shall be listed as part 
of the regulations promulgated under subsection (c).
    (5) Any organization that has received notice of a determination of 
compliance from a State under paragraph (3), may issue a diploma, 
certification, or other form of degree, to any individual who has 
completed to its satisfaction such organization's curriculum and 
training program signifying that the recipient is a ``Certified Phase I 
Environmental Professional'' qualified to perform Phase I Environmental 
Site Assessments.
    (6) A State may periodically, or upon expiration of a notification 
of a determination of compliance under paragraph (3), review the 
program, curriculum, facilities, and training methods of any such 
organization to determine such organizations continued compliance with 
the regulations promulgated under subsection (c).
    (e) Definitions.--For purposes of this section:
            (1) Phase i environmental site assessment.--The term 
        ``Phase I Environmental Site Assessment'' means the process by 
        which a person or entity seeks to determine whether a 
        particular parcel of real property is subject to recognized 
        environmental conditions. These conditions indicate the 
        presence or likely presence of a hazardous substance or 
        pollutant or contaminant on a property under conditions that 
        indicate the existence of a release or threatened release at 
        the facility into structures on the property or into the 
        ground, ground water or surface water of the property.
            (2) Certified phase i environmental professional.--The term 
        ``Certified Phase I Environmental Professional'' means any 
        person receiving certification to perform Phase I Environmental 
        Site Assessments from an approved environmental training and 
        certification organization in accordance with this section.
            (3) Approved phase i environmental training and 
        certification organization.--The term ``Approved Phase I 
        Environmental Training and Certification Organization'' means 
        Phase I Environmental Training and Certification Organization 
        whose curriculum, program, facilities, training, and testing 
        methods comply with the regulations adopted by a State under 
        this section.

SEC. 614. 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. 615. 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, 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 or are imposed for isolated, intermittent, or continuing 
        violations. The United States hereby expressly waives any 
        immunity otherwise applicable to the United States with respect 
        to any such substantive or procedural requirement (including, 
        but not limited to, any injunctive relief, administrative order 
        or civil or administrative penalty or fine referred to in the 
        preceding sentence, or reasonable service charge).
            ``(C) The reasonable service charges referred to in this 
        paragraph include, but are not limited to, fees or charges 
        assessed in connection with the processing and issuance of 
        permits, renewal of permits, amendments to permits, review of 
        plans, studies, and other documents, and inspection and 
        monitoring of facilities, as well as any other 
        nondiscriminatory charges that are assessed in connection with 
        a State, interstate, or local response program.
            ``(D) Neither the United States, nor any agent, employee, 
        or officer thereof, shall be immune or exempt from any process 
        or sanction of any State or Federal court with respect to the 
        enforcement of any injunctive relief.
            ``(E) No agent, employee, or officer of the United States 
        shall be personally liable for any civil penalty under any 
        Federal or State 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 
        9606 and 9607 of this title.
            ``(H)(i) The Administrator may issue an order under section 
        106 of this Act to any department, agency, or instrumentality 
        of the executive, legislative, or judicial branch of the United 
        States. The Administrator shall initiate an administrative 
        enforcement action against such a department, agency, or 
        instrumentality in the same manner and under the same 
        circumstances as action would be initiated against any other 
        person.
            ``(ii) No administrative order issued to such department, 
        agency, or instrumentality shall become final until such 
        department, agency, or instrumentality has had the opportunity 
        to confer with the Administrator.
            ``(iii) Unless a State law in effect on the effective date 
        of the Superfund Reform Act of 1994, or a State Constitution, 
        requires the funds to be used in a different manner, all funds 
        collected by a State from the Federal Government from penalties 
        and fines imposed for violation of any substantive or 
        procedural requirement referred to in subsection (a) of this 
        section shall be used by the State only for projects designed 
        to improve or protect the environment or to defray the costs of 
        environmental protection or enforcement.
            ``(I) Each such department, agency, and instrumentality 
        shall have the right to contribution protection set forth in 
        section 113, when such department, agency, or instrumentality 
        resolves its liability under this Act.''.
            (3) By striking paragraph (4) of subsection (a).
            (4) By inserting ``(other than the indemnification 
        requirements of section 119)'' after ``responsibility'' in 
        subsection (a)(3).

SEC. 616. WORKER TRAINING AND EDUCATION GRANTS.

    Section 111(c)(12) (42 U.S.C. 9611(c)(12)) is amended--
            (1) by striking ``$10,000,000'' and inserting 
        ``$20,000,000''; and
            (2) by inserting before the period at the end ``and 
        $40,000,000 for each of fiscal years 1995, 1996, 1997, 1998, 
        and 1999''.

SEC. 617. 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) Site-Specific Progress Report.--Section 301(h)(1)(A) is amended 
to read as follows:
                    ``(A) A site-specific 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. 618. REMEDIAL TECHNOLOGIES.

    Section 311 (42 U.S.C. 9660) is amended by adding at the end the 
following:
    ``(h) Remedial Technologies.--
            ``(1) Report.--Not later than 180 days after the date of 
        the enactment of this subsection, the Administrator shall 
        publish a report which--
                    ``(A) identifies and prioritizes existing remedial 
                technology demonstration and development programs 
                conducted by the Administrator, the States, and Federal 
                agencies, including the Department of Energy and the 
                Department of Defense; and
                    ``(B) identifies and prioritizes remedial 
                technology needs at National Priority List, non-
                National Priority List, and Federal facility sites.
            ``(2) State involvement.--In preparing the report pursuant 
        to paragraph (1), the Administrator shall solicit State 
        involvement.''.

SEC. 619. ADDITION OF STATES TO GOVERNMENTAL ENTITIES ELIGIBLE FOR 
              REIMBURSEMENT FOR EMERGENCY REMOVAL ACTIONS; 
              CLARIFICATION OF AUTHORITY TO TAKE EMERGENCY RESPONSE 
              ACTION AT ILLICIT DRUG LABORATORIES.

    (a) Amendment of Section 123.--Section 123 (42 U.S.C. 9623) is 
amended to read as follows:

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

    ``(a) Application.--Any State or general purpose unit of local 
government for a political subdivision of a State that is affected by a 
release or threatened release at any facility may apply to the 
President for reimbursement under this section.
    ``(b) Reimbursement.--
            ``(1) Emergency response actions.--The President is 
        authorized to reimburse States and local community authorities 
        for expenses incurred (before or after the enactment of the 
        Superfund Reform Act of 1994) in carrying out emergency 
        response actions necessary to prevent or mitigate injury to 
        human health or the environment associated with the release or 
        threatened release of any hazardous substance or pollutant or 
        contaminant. Such actions may include, where appropriate, 
        security fencing to limit access, cleanup of illicit drug 
        laboratories, response to fires and explosions, and other 
        measures that require immediate response at the State or local 
        level.
            ``(2) State or local funds not supplanted.--Reimbursement 
        under this section shall not supplant State or local funds 
        normally provided for response.
    ``(c) Amount.--(1) The amount of any reimbursement to a local 
authority under subsection (b)(1) may not exceed $25,000 for a single 
response. The reimbursement under this section with respect to a single 
facility shall be limited to the units of local government having 
jurisdiction over the political subdivision in which the facility is 
located.
    ``(2) The amount of any reimbursement to a State under subsection 
(b)(1) may not exceed $50,000 for a single response. The reimbursement 
under this section with respect to a single facility shall be limited 
to the State in which the facility is located.
    ``(3) The amounts allowed for State and local governments under 
subsection (b)(1) 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.''.
    (b) Amendment of Section 111.--Paragraph (11) of section 111(c) of 
such Act is amended--
            (1) by striking out ``Local government reimbursement.--'' 
        and inserting in lieu thereof ``State and local government 
        reimbursement.--(A)''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) Reimbursements to States under section 123, except 
        that no State may receive more than $2,000,000 in any one 
        fiscal year.''.
    (c) Deadline for Regulations.--The Administrator of Environmental 
Protection Agency shall promulgate regulations to implement section 123 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9623), as amended by subsection (a), 
not later than one year after the date of the enactment of this Act.

SEC. 620. INCENTIVES TO MANAGING PARTIES.

    The President shall encourage managing parties conducting response 
actions under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 to have their contractors train minorities 
and other disadvantaged persons from the affected community in 
remediation skills directly and in conjunction with historically black 
colleges and universities and other educational institutions that 
primarily serve minorities.

SEC. 621. STUDY OF SMALL DISADVANTAGED BUSINESS GOALS.

    The Administrator of the Environmental Protection Agency shall 
study the advisability and feasibility of instituting a small 
disadvantaged business goal program for all contracts entered into by 
the Federal Government under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 and shall report the 
Administrator's recommendations to Congress within 1 year after the 
date of the enactment of this Act. In carrying out the study, the 
Administrator shall give due consideration to the small disadvantaged 
business goals established under section 2323 of title 10, United 
States Code, for the Department of Defense and to the implementation of 
such goals by a State in any case in which a State is authorized to 
carry out such Act.

SEC. 622. INCINERATION OF DIOXIN AT TIMES BEACH, MISSOURI.

    The Administrator of the Environmental Protection Agency may not 
incinerate dioxin at the Times Beach site in the vicinity of St. Louis, 
Missouri, until the General Accounting Office and the Office of 
Technology Assessment have completed a study on alternatives to the 
incineration of dioxin at such site.

SEC. 623. CONFORMING AMENDMENT.

    Section 104(g)(1) (42 U.S.C. 9604(g)(1)) is amended by striking 
``section'' and inserting in lieu thereof ``Act''.

                           TITLE VII--FUNDING

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    Section 111(a) is amended by striking ``$8,500,000,000 for the 5-
year period beginning on the date of enactment of the Superfund 
Amendments and Reauthorization Act of 1986, and not more than 
$5,100,000,000 for the period commencing October 1, 1991, and ending 
September 30, 1994'' and inserting ``$9,600,000,000 for the period 
commencing October 1, 1994, and ending September 30, 1999''.

SEC. 702. ORPHAN SHARE FUNDING.

    Section 111(a) is amended by adding after paragraph (7) (as added 
by this Act) the following new paragraph:
            ``(8) Orphan share funding.--Payment of orphan shares 
        pursuant to section 130(e) of this Act.''.

SEC. 703. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

    Section 111(m) (relating to ATSDR) is amended to read as follows:
    ``(m) Agency for Toxic Substances and Disease Registry.--There 
shall be directly available to the Agency for Toxic Substances and 
Disease Registry to be used for the purpose of carrying out activities 
described in subsection (c)(4) of this section and section 104(i) of 
this Act not less than $100,000,000 per fiscal year for each of fiscal 
years 1995, 1996, 1997, 1998, and 1999 of which $20,000,000 per fiscal 
year shall be available for the purposes of section 104(i)(15)(C). Any 
funds so made available which are not obligated by the end of the 
fiscal year in which made available shall be turned to the Fund.''.

SEC. 704. LIMITATIONS ON RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
              PROGRAMS.

    Section 111(n) is amended to read as follows:
    ``(n) Limitations on Research, Development, and Demonstration 
Program.--
            ``(1) Section 311(a).--From the amounts available in the 
        Fund, not more than the following amounts may be used for the 
        purposes of section 311(a) of this title (relating to hazardous 
        substance research, demonstration, and training activities):
                    ``(A) For fiscal year 1995 $40,000,000.
                    ``(B) For fiscal year 1996 $50,000,000.
                    ``(C) For fiscal year 1997 $55,000,000.
                    ``(D) For fiscal year 1998 $55,000,000.
                    ``(E) For fiscal year 1999 $55,000,000.
        No more than 10 percent of such amounts shall be used for 
        training under section 311(a) of this title for any fiscal 
        year.
            ``(2) Section 311(d).--For each of the fiscal years 1995, 
        1996, 1997, 1998, and 1999, not more than $5,000,000 of the 
        amounts available in the Fund may be used for the purposes of 
        section 311(d) of this title (relating to university hazardous 
        substance research centers).''.

SEC. 705. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

    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 1995, $250,000,000.
                    ``(B) For fiscal year 1996, $250,000,000.
                    ``(C) For fiscal year 1997, $250,000,000.
                    ``(D) For fiscal year 1998, $250,000,000.
                    ``(E) For fiscal year 1999, $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.''.

SEC. 706. ADDITIONAL LIMITATIONS.

    Section 111 is amended by adding after subsection (p) the following 
new subsections:
    ``(q) Citizen Information and Access Offices.--For each of the 
fiscal years 1995, 1996, 1997, 1998, and 1999, not more than 
$50,000,000 of the amounts available in the Fund may be used for the 
purposes of section 117(h) of this Act (relating to citizen information 
and access offices).
    ``(r) Voluntary Response Programs.--For each of the fiscal years 
1995 through 1999, not more than $20,000,000 of the amounts available 
in the Fund may be used for the purposes of section 128 of this Act 
(relating to State voluntary cleanup programs).''.

SEC. 707. USES OF THE FUND.

    Section 111(a) is amended by adding after paragraph (8) the 
following new paragraph:
            ``(9) Reimbursement of potentially responsible party 
        costs.--If a potentially responsible party and the 
        Administrator enter into a settlement under this Act in which 
        the Administrator is reimbursed for its response costs, and if 
        the Administrator determines, through a Federal audit of 
        response the costs, that costs for which the Administrator was 
        reimbursed:
                    ``(A) are unallowable due to contractor fraud, or
                    ``(B) are unallowable under the Federal Acquisition 
                Regulations, or
                    ``(C) should be adjusted due to routine contract 
                and Environmental Protection Agency response cost audit 
                procedures,
        then the Administrator is authorized to use the fund to 
        reimburse a potentially responsible party for any costs 
        identified under subparagraph (A), (B), or (C) of this 
        paragraph.''.

          TITLE VIII--ENVIRONMENTAL INSURANCE RESOLUTION FUND

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Environmental Insurance Resolution 
and Equity Act of 1994''.

SEC. 802. DEFINITIONS.

    For purposes of this title:
            (1) Applicable costs.--The term ``applicable costs'' means 
        applicable National Priorities List (NPL) facility costs or 
        applicable non-NPL facility costs. Costs of removal shall be 
        treated as applicable costs only if the removal is conducted in 
        accordance with section 104, 106 or 122 of CERCLA or under the 
        regulations of the Administrator governing removal actions (40 
        CFR 300.415 or any successor regulations).
            (2) Applicable npl facility costs.--The term ``applicable 
        NPL facility costs'' means the costs for an eligible NPL 
        facility--
                    (A) of response (as defined in section 101(25) of 
                CERCLA);
                    (B) for natural resources damages under section 107 
                of CERCLA; or
                    (C) to defend potential liability for the costs 
                described in subparagraph (A) or (B) or both, 
                including, but not limited to, attorney's fees, costs 
                of suit, consultant and expert fees and costs, and 
                expenses for testing and monitoring.
            (3) Applicable non-npl facility costs.--The term 
        ``applicable non-NPL facility costs'' means the costs for a 
        non-NPL facility--
                    (A) of removal (as defined in section 101(23) of 
                CERCLA); and
                    (B) to defend potential liability for such costs of 
                removal, including, but not limited to, attorney's 
                fees, costs of suit, consultant and expert fees and 
                costs, and expenses for testing and monitoring.
            (4) Board.--The term ``Board'' means the Board of Trustees 
        of the Fund.
            (5) CERCLA.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (6) Eligible costs.--The term ``eligible costs'' means the 
        applicable costs incurred with respect to a hazardous substance 
        disposed of at an eligible facility for which an eligible 
        person either (A) has not been reimbursed or (B) has been 
        reimbursed and that are the subject of a dispute between the 
        eligible person and an insurer. The term eligible costs shall 
        not include any costs paid by the United States.
            (7) Eligible facility.--The term ``eligible facility'' 
        means an eligible NPL facility or an eligible non-NPL facility.
            (8) Eligible npl facility.--The term ``eligible NPL 
        facility'' means any facility placed on the National Priority 
        List at any time, at which a hazardous substance was disposed 
        of on or before December 31, 1985.
            (9) Eligible non-npl facility.--The term ``eligible non-NPL 
        facility'' means any site or facility where a removal (as 
        defined in section 101(23) of CERCLA) was conducted pursuant to 
        governmental direction or oversight under CERCLA and the 
        National Contingency Plan at any time, at which a hazardous 
        substance was disposed of on or before December 31, 1985.
            (10) Eligible person.--The term ``eligible person'' means 
        any person that demonstrates, to the satisfaction of the 
        Resolution Fund, that such person either--
                    (A) has received a notice at any time that it may 
                be a potentially responsible party pursuant to CERCLA 
                with respect to an eligible NPL facility, which notice 
                requests or demands that such party perform response 
                actions or pay response costs or natural resource 
                damages for such facility; or
                    (B) is or was liable, or alleged to be liable, at 
                any time for a removal (as defined in section 101(23) 
                of CERCLA) at any eligible facility,
        and had entered into a valid insurance contract for qualified 
        insurance.
            (11) Facility.--The term ``facility'' has the same meaning 
        as provided in section 101(9) of CERCLA.
            (12) Fund.--The term ``Fund'' means the Environmental 
        Insurance Resolution Fund.
            (13) NPL.--The term ``NPL'' means the National Priorities 
        List.
            (14) Person.--The term person means an individual, firm, 
        corporation, association, partnership, consortium, joint 
        venture, commercial entity or governmental unit (including any 
        predecessor in interest or any subsidiary thereof).
            (15) Qualified insurance.--The term ``qualified insurance'' 
        means insurance for comprehensive general liability or 
        commercial multi-peril insurance coverage for any period prior 
        to January 1, 1986. For purposes of this paragraph, 
        comprehensive general liability insurance includes broad form 
        liability, general liability, commercial general liability, and 
        excess or umbrella coverage; and commercial multi-peril 
        insurance includes broad form property, commercial package, 
        special multi-peril, and excess or umbrella coverage. Such term 
        shall not include any other insurance, such as environmental 
        impairment liability insurance, whether found in primary, 
        excess, or umbrella coverage.
            (16) Valid insurance contract.--The term ``valid insurance 
        contract'' means a contract for qualified insurance other than 
        any of the following:
                    (A) An insurance contract with respect to which a 
                person has entered into a settlement with an insurer 
                providing, or where a final judgment has provided, that 
                the contract has been satisfied and that such person 
                has no right to make any further claims under such 
                contract.
                    (B) An insurance contract which covers only a time 
                period prior to the earliest date of the action or 
                status of the insured person which resulted in 
                liability or potential liability under section 107 of 
                CERCLA.
                    (C) An insurance contract with an insurance company 
                which is insolvent or in insolvency proceedings.
                    (D) An insurance contract which is the subject of a 
                settlement between the insurance company and the 
                insured pursuant to which the policy has been reformed 
                to include an absolute exclusion for pollution 
                liability (``absolute pollution exclusion'').
            (17) State.--The term ``State'' has the same meaning as 
        provided in section 101(27) of CERCLA.

SEC. 803. ENVIRONMENTAL INSURANCE RESOLUTION FUND.

    (a) Environmental Insurance Resolution Fund Established.--There is 
hereby established the Environmental Insurance Resolution Fund.
    (b) Offices.--The principal office of the Fund shall be in the 
District of Columbia or at such other place as the Fund may from time 
to time prescribe.
    (c) Status of Resolution Fund.--Except as expressly provided in 
this title, the Fund shall not be considered an agency or establishment 
of the United States. The members of the Board of Trustees shall not, 
by reason of such membership, be deemed to be officers or employees of 
the United States.
    (d) Board of Trustees.--
            (1) In general.--The Fund shall be administered by a Board 
        of Trustees.
            (2) Membership.--The Board shall consist of the following:
                    (A) Governmental members.--
                            (i) The Administrator of the Environmental 
                        Protection Agency or the Administrator's 
                        designee.
                            (ii) The Attorney General of the United 
                        States or the Attorney General's designee.
                    (B) Public members.--Five public members appointed 
                by the President not later than 60 days after the date 
                of enactment of this title, not less than two of whom 
                shall represent insurers subject to section ____ of the 
                Internal Revenue Code of 1986, and not less than two of 
                whom shall represent eligible persons as defined in 
                section 802(10). The public members shall be citizens 
                of the United States.
                    (C) Ex-officio member.--The Secretary of the 
                Treasury shall serve as an ex officio member of the 
                Board.
            (3) Chair.--The Chair of the Board shall be designated by 
        the President from time to time from among the members 
        described in paragraph (2)(A). No expenditure may be made, or 
        other action taken, by the Fund without the concurrence of the 
        Chair of the Board.
            (4) Compensation.--Governmental members of the Board shall 
        serve without additional compensation. Public members of the 
        Board shall, while attending meetings of the Board or while 
        engaged in duties related to such meetings or other activities 
        of the Board pursuant to this title, be entitled to receive 
        compensation at the rate of $200 per day, including travel 
        time. While away from their homes or regular places of 
        business, members of the Board shall be allowed travel and 
        actual, reasonable and necessary expenses to the same extent as 
        officers of the United States.
            (5) Term of public members.--Public members of the Board 
        shall serve for a term of 5 years, except that such members may 
        be removed by the President for any reason at any time. A 
        public member whose term has expired may continue to serve on 
        the Board until such time as the President appoints a 
        successor. The President may reappoint a public member of the 
        Board, but no such member may consecutively serve more than two 
        terms.
            (6) Vacancies.--A vacancy on the Board shall be filled in 
        the same manner as the original appointment, except that such 
        appointment shall be for the balance of the unexpired term of 
        the vacant position.
            (7) Quorum.--Four members of the Board shall constitute a 
        quorum for the conduct of business.
            (8) Meetings.--The Board shall meet not less than quarterly 
        at the call of the Chair. Meetings of the Board shall be open 
        to the public unless the Board, by a majority vote of members 
        present in open session, determines that it is necessary or 
        appropriate to close a meeting. The Chair shall provide at 
        least 10 days notice of a meeting by publishing a notice in the 
        Federal Register and such notice shall indicate whether it is 
        expected that the Board will consider closing all or a portion 
        of the meeting. Nothing in this paragraph shall be construed to 
        apply to informal discussions or meetings among Board members.
    (e) Officers and Employees.--
            (1) Chief executive officer; chief financial officer.--(A) 
        The Fund shall have a Chief Executive Officer appointed by the 
        Board who shall exercise any authority of the Fund under such 
        terms and conditions as the Board may prescribe.
            (B) The Fund shall have a Chief Financial Officer appointed 
        by the Board.
            (2) Compensation.--No officer or employee of the Fund may 
        be compensated by the Fund at an annual rate of pay which 
        exceeds the rate of basic pay in effect from time to time for 
        level I of the Executive Schedule under section 5312 of title 
        5, United States Code. No officer or employee of the Fund, 
        other than a member of the Board, may receive any salary or 
        other compensation from any source other than the Fund for 
        services rendered during the period of employment by the Fund.
            (3) Political test or qualification.--No political test or 
        qualification shall be used in selecting, appointing, 
        promoting, or taking other personnel actions with respect to 
        officers, agents, and employees of the Fund.
            (4) Assistance by federal agencies.--The Attorney General, 
        the Secretary of the Treasury, and the Administrator of the 
        Environmental Protection Agency, may to the extent practicable 
        and feasible, and in their sole discretion, make personnel and 
        other resources available to the Fund. Such personnel and 
        resources may be provided on a reimbursable basis, and any 
        personnel so provided shall not be considered employees of the 
        Fund for purposes of paragraph (2).
    (f) Powers of Resolution Fund.--Notwithstanding any other provision 
of law, except as provided in this title or as may be hereafter enacted 
by the Congress expressly in limitation of the provisions of this 
subsection, the Fund shall have the power--
            (1) to have succession until dissolved by Act of Congress;
            (2) to make and enforce such bylaws, rules and regulations 
        as may be necessary or appropriate to carry out the purposes of 
        this title;
            (3) to make and perform contracts, agreements, and 
        commitments;
            (4) to settle, adjust, and compromise, and with or without 
        consideration or benefit to the Fund release or waive in whole 
        or in part, in advance or otherwise, any claim, demand, or 
        right of, by, or against the Fund;
            (5) to sue and be sued, complain and defend, in any State, 
        Federal or other court;
            (6) to determine its necessary expenditures and appoint, 
        employ, and fix and provide for the duties, compensation and 
        benefits of officers, employees, attorneys, and agents, all of 
        whom shall serve at the pleasure of the Board; except that all 
        amounts withdrawn from the Treasury of the United States by or 
        on behalf of the Resolution Fund shall be certified by a 
        federally authorized certifying officer who is an employee of 
        the Federal agency represented by the chair of the Resolution 
        Fund;
            (7) to hire or accept the voluntary services of 
        consultants, experts, advisory boards, and panels to aid the 
        Fund in carrying out the purposes of this title; and
            (8) to take such other actions as may be necessary to carry 
        out the responsibilities of the Fund under this title.
    (g) Borrowing Authority.--Nothing in this title shall be construed 
to permit the Fund to issue any evidence of indebtedness or otherwise 
borrow money.

SEC. 804. RESOLUTION OFFERS.

    (a) In General.--The Fund shall offer one comprehensive resolution 
to each eligible person. The offer shall be for a percentage of all the 
eligible costs of such eligible person incurred in connection with all 
eligible facilities. The amount of the offer shall be determined 
pursuant to section 806.
    (b) Requests for Resolution Offers.--
            (1) In general.--An eligible person may, at any time after 
        the promulgation of the interim final regulations under section 
        812(a), file a request for a resolution offer from the Fund.
            (2) Response to request.--Not later than 180 days after the 
        receipt of a complete request as determined by the Fund, the 
        Fund shall in writing--
                    (A) make a resolution offer to each eligible person 
                that has filed a request for a resolution offer; or
                    (B) notify a person filing such a request that such 
                person is not an eligible person.
    (c) Joint Ventures and Subsidiaries.--A joint venture shall not be 
aggregated with any individual joint venturer for purposes of this 
section but shall be treated as a distinct entity for such purposes. 
All claims by subsidiaries shall be included in a single claim by the 
corporate parent for purposes of this Act.

SEC. 805. DOCUMENTATION OF CLAIMS AND INSURANCE COVERAGE.

    (a) Screening of Claims.--
            (1) Denial by reason of felony.--The Fund may deny a 
        resolution offer to an otherwise eligible person for a specific 
        facility if the eligible person has been convicted of a felony 
        under any Federal or State statute which has a material effect 
        on the response costs or natural resource damage incurred at 
        the facility.
            (2) Filing and active pursuit of claims.--The Fund may 
        decide not to make an offer to an eligible person unless the 
        eligible person has filed a claim and is actively pursuing the 
        claim. The Fund may also decide that an offer should be made to 
        any such person.
    (b) Filing of Claims.--For the purposes of subsection (a), an 
eligible person shall be deemed to have filed a claim if the eligible 
person has notified one or more of its insurers of the existence of a 
claim, or has engaged in active investigation and preparation of a 
claim, or has filed a lawsuit seeking coverage for eligible costs. 
Failure to have filed a claim or to have engaged in settlement 
discussions before January 1, 1994, shall not be deemed to preclude an 
eligible person from receiving an offer from the Fund if the eligible 
person had not received any notice letter from a governmental authority 
or one or more potentially responsible parties asserting its potential 
liability under CERCLA at any eligible facility until after January 1, 
1993.
    (c) Active Pursuit of Claims.--For purposes of this section, an 
eligible person shall be considered to be actively pursuing a claim 
if--
            (1) the person has filed a lawsuit against an insurer, or 
        has filed a motion or another pleading in a lawsuit against an 
        insurer, or has engaged in any discovery in a lawsuit against 
        an insurer between January 1, 1993, and December 31, 1993 
        regarding eligible costs at an eligible facility;
            (2) the person has engaged in settlement discussions with 
        an insurer between January 1, 1993, and December 31, 1993 
        regarding eligible costs at an eligible facility;
            (3) the person has engaged in active investigation and 
        preparation of a claim before January 1, 1994;
            (4) if the person has received a letter from an insurer 
        rejecting coverage or reserving its rights to reject coverage 
        regarding eligible costs at an eligible facility, the person 
        has sent within 1 year thereafter an additional status report 
        or letter apprising an insurer of activities regarding an 
        eligible facility; or
            (5) the eligible person has sent a letter to an insurer 
        notifying an insurer of the potential existence of a claim 
        regarding eligible costs at an eligible facility and has 
        received no response from the insurer.
    (d) Documentation of Coverage.--
            (1) Effect of documentation.--Coverage of an eligible 
        person for policy years prior to 1986 and the applicable 
        deductibles and limits on coverage shall be confirmed to the 
        satisfaction of the Fund by the terms of the policies or other 
        documentary proof of insurance provided by, or for, the 
        eligible person in accordance with this subsection.
            (2) Submission of documentary evidence.--After promulgation 
        of regulations governing documentation requirements, an 
        eligible person requesting an offer shall submit: copies of its 
        insurance policies, or other documentary evidence sufficient to 
        establish the following six terms of coverage: insurance 
        company, policy number, type of policy, duration of policy, 
        deductible or self-insured retention, and limit of coverage. 
        Documentary evidence may consist of any documents from an 
        insurance company or broker or documents of the eligible person 
        or other party which are generally contemporaneous with the 
        term of the policy or with subsequent retrospective rating 
        under the policy. Where documentary evidence (other than a 
        policy) is relied upon as the proof of coverage, an eligible 
        person must certify that it has undertaken a good faith 
        investigation of its records, that its submission is complete 
        and accurate to the best of its information and belief, and 
        that it does not have a copy of the insurance policy. If an 
        eligible person submits documentary evidence which does not 
        establish all six terms of coverage but which does establish 
        the name of the insurance company and one or more other terms 
        evidencing coverage, the named insurance company shall 
        undertake an investigation for any policy or other relevant 
        documents evidencing the eligible person's coverage. At the 
        conclusion of the investigation, the named insurance company 
        shall--
                    (A) produce to the Fund any policies or other 
                documents relevant to the eligible person's claim of 
                coverage; or
                    (B) certify that it has undertaken a good faith 
                investigation of its records and that it has produced 
                any and all policies or documents available to the 
                insurer and relevant to the eligible person's claim of 
                coverage.
        Subsequent to the named insurance company's production or 
        certification, the Fund shall decide whether a person has 
        provided adequate proof of insurance based on the evidence 
        presented. Submission of the six terms of coverage referred to 
        in this paragraph shall be treated as adequate proof of 
        insurance.
    (e) Prior Settlements.--
            (1) Disclosure.--Each eligible person shall be required to 
        disclose and certify the amounts and terms of any settlement 
        reached with an insurer for eligible costs at eligible 
        facilities. In the event that the terms of such a settlement 
        are subject to a protective order or are otherwise 
        confidential, the eligible person may provide evidence of the 
        confidential nature of the settlement information to the Fund. 
        Upon receipt of such evidence, the Fund shall be obligated to 
        preserve the confidentiality of all such settlement 
        information.
            (2) Effect of title on prior settlements.--This title shall 
        have no effect on prior settlements between eligible persons 
        and an insurer.

SEC. 806. AMOUNT OF RESOLUTION OFFERS.

    (a) Resolution Offers.--The Fund shall make resolution offers to 
each eligible person equal to the applicable percentage (determined 
under this section) of the lesser of the following:
            (1) The eligible costs actually incurred by an eligible 
        person.
            (2) The available coverage, as determined under this 
        section.
    (b) Applicable Percentage.--
            (1) In general.--For each eligible person that has not 
        established a litigation venue pursuant to subsection (d), the 
        applicable percentage shall be equal to the facility location 
        percentage for that person. For each eligible person that has 
        established one or more litigation venues pursuant to 
        subsection (d), the applicable percentage shall be comprised of 
        one-half of the facility location percentage for that person 
        plus one-half of the venue percentage for that person.
            (2) Facility location percentage.--
                    (A) One or more eligible npl facilities.--For each 
                eligible person, the Fund shall establish a facility 
                location percentage. The percentage shall be equal to 
                the weighted average of the State percentages for each 
                eligible NPL facility for which such person has been 
                identified as a potentially responsible party. In 
                determining such weighted average, each such eligible 
                facility shall be accorded equal value, except as 
                provided in paragraph (4).
                    (B) No eligible npl facilities.--For each person 
                not identified as a potentially responsible party at 
                one or more eligible NPL facilities but who is, or is 
                alleged to be, liable at any time for removal (as 
                defined in section 101(23) of CERCLA) at one or more 
                eligible non-NPL facilities, the Fund shall establish a 
                facility location percentage equal to the weighted 
                average of the State percentages for each such eligible 
                non-NPL facility. In determining such weighted average, 
                each such facility shall be accorded equal value.
            (3) Litigation venue percentage.--
                    (A) One or more eligible npl facilities.--For each 
                eligible person that has established one or more 
                litigation venues pursuant to subsection (d) with 
                respect to one or more eligible NPL facilities, the 
                Fund shall establish a litigation venue percentage. The 
                percentage shall be equal to the weighted average of 
                the State percentages for each eligible NPL facility in 
                each State in which such eligible person has 
                established a litigation venue. In determining such 
                weighted average, each eligible NPL facility with 
                respect to which such person has established a 
                litigation venue shall be accorded equal value.
                    (B) No eligible npl facilities.--For each eligible 
                person that does not have one or more eligible NPL 
                facilities and has established litigation venue with 
                respect to one or more eligible non-NPL facilities 
                pursuant to subsection (d), the Fund shall establish a 
                litigation venue percentage equal to the weighted 
                average of the State percentages for each eligible non-
                NPL facility in each State in which such eligible 
                person has established a litigation venue. In 
                determining such weighted average, each eligible non-
                NPL facility with respect to which litigation venue has 
                been established shall be accorded equal value.
            (4) Extra weighting of large sites.--In determining the 
        facility location percentage under paragraph (2)(A), the Fund 
        shall count a facility twice for weighting purposes if--
                    (A) the facility is located in the same State as 
                the State in which litigation venue has been 
                established;
                    (B) the facility is included in the eligible 
                person's coverage litigation in that venue; and
                    (C) total response costs incurred plus estimated 
                response costs exceed $50,000,0000, as established by 
                governmental cost summaries or demands, records or 
                decision, or evidence satisfactory to the Fund of costs 
                actually incurred.
    (c) State Percentage.--
            (1) Congressional findings.--The Congress finds that as of 
        January 1, 1994, State law generally is more favorable to 
        eligible persons that pursue claims concerning eligible costs 
        against insurers in some States, that State law generally is 
        more favorable to insurers with respect to such claims in some 
        States, and that in some States the law generally favors 
        neither insurers nor eligible persons with respect to such 
        claims or that there is insufficient information to determine 
        whether such law generally favors insurers or eligible persons 
        with respect to such claims. The Congress further finds that 
        considerations of equity and fairness require that resolution 
        offers made by the Fund must vary to reflect the relative state 
        of the law among the several States.
            (2) State percentage categories.--The States are hereby 
        classified into the following percentage categories:
                    (A) 20 percent.--The State percentage shall be 20 
                percent for: Florida, Maine, Maryland, Massachusetts, 
                Michigan, New York, North Carolina, and Ohio.
                    (B) 60 percent.--The State percentage shall be 60 
                percent for: California, Colorado, Georgia, Illinois, 
                New Jersey, Washington, West Virginia, and Wisconsin.
                    (C) 40 percent.--For all other States the State 
                percentage shall be 40 percent.
    (d) Litigation Venue.--For purposes of this section, litigation 
venue is considered established with respect to an eligible person if--
            (1) on or before December 31, 1993, the eligible person had 
        pending in a court of competent jurisdiction a complaint 
        against an insurer with respect to eligible costs at an 
        eligible facility; and
            (2) no motion to change venue with respect to such 
        complaint was pending on or before January 31, 1994.
    (e) Available Coverage.--
            (1) In general.--The Fund shall determine the available 
        coverage for each eligible person by adding the limits of 
        liability contained in all valid insurance contracts of 
        insurance (including per occurrence, aggregate, primary, excess 
        or other limits) and then by subtracting the total of all 
        deductibles and self-insured retentions applicable to those 
        policies. In calculating the available coverage and the average 
        deductible pursuant to section 808(c), the Fund shall exclude 
        any deductible or self-insured retention contained in a policy 
        which has already been paid by the eligible person.
            (2) Per occurrence basis policies.--For insurance policies 
        with limits or deductibles expressed on a per occurrence basis 
        without an aggregate limit, the limit or deductible shall be an 
        amount equal to the limit or deductible in the policy 
        multiplied by the number of eligible facilities of the eligible 
        person and by the number of years the policy was in effect. Per 
        occurrence limits or deductibles may be adjusted by the Fund 
        whenever there is an increase in the eligible facilities 
        attributable to an eligible party.
    (f) Adjustment for Owned Property Sites.--
            (1) Adjustment.--If an eligible person seeks payment of 
        eligible costs for an owned property site, only 70 percent of 
        such eligible costs (including eligible costs for off site 
        contamination attributable to the owned property) shall be 
        taken into account in making payments under this section.
            (2) Definitions.--For purposes of this subsection:
                    (A) Owned property site.--A facility shall be 
                considered an owned property site if--
                            (i) an eligible person owned or leased the 
                        facility at the time of initial disposal or a 
                        predecessor company owned or leased the 
                        facility at the time of initial disposal and 
                        the predecessor company merged into an eligible 
                        person or became the wholly owned subsidiary of 
                        an eligible person;
                            (ii) the property owned or leased by the 
                        eligible person or predecessor company 
                        represents all or a portion of the facility as 
                        specifically designated on the NPL or as 
                        subject to a removal covered by this title;
                            (iii)(I) an eligible person or predecessor 
                        company generated all of the hazardous 
                        substances which were disposed of during the 
                        period such person or predecessor owned or 
                        leased the facility, or (II) an eligible person 
                        or predecessor company owned a landfill which 
                        is part of the property on which a 
                        manufacturing or industrial facility is 
                        situated, the landfill was used for the 
                        treatment, storage, or disposal of waste 
                        generated from the manufacturing or industrial 
                        facility and from third parties, and the 
                        landfill contains waste that is not primarily 
                        municipal solid waste or sewage sludge as 
                        defined in title VI of this Act; and
                            (iv) the hazardous substances associated 
                        with the owned property constitute the basis 
                        for liability at the facility.
                    (B) Property not considered owned property.--A 
                facility shall not be considered owned property of an 
                eligible person for purposes of this section when the 
                eligible person acquired the facility from, or acquired 
                the assets of, a company which engaged in initial 
                disposal of hazardous substances at the facility and 
                the eligible person did not engage in initial disposal 
                of hazardous substances at the facility during its 
                period of ownership. An owned property site shall not 
                include a public or commercial landfill primarily used 
                for disposal, storage, or treatment of municipal solid 
                waste or sewage sludge as defined in title VI of this 
                Act.
                    (C) Initial disposal.--For purposes of this 
                paragraph, the term initial disposal means the 
                spilling, pumping, pouring, emitting, emptying, 
                discharging, injecting, dumping, disposing, placing, or 
                leaking of hazardous substances into the environment 
                caused by the facility owner but does not include--
                            (i) any continuing or further leaking, 
                        escaping, or leaching of hazardous substances 
                        into the environment during subsequent periods 
                        of ownership which was not caused by the acts 
                        of a subsequent owner; or
                            (ii) any activities undertaken by an owner 
                        related to response at the facility.

SEC. 807. ACCEPTANCE OF RESOLUTION OFFER.

    (a) Acceptance.--
            (1) Election to accept.--An eligible person may, when 
        submitting a request for a resolution to the Fund, make a 
        written irrevocable election to accept any resolution to be 
        made by the Fund.
            (2) Notification.--An eligible person that does not make an 
        election pursuant to paragraph (1) shall, within 60 days of the 
        receipt of a resolution offer from the Fund, notify the Fund in 
        writing of its irrevocable acceptance or rejection of such 
        offer. An eligible person who does not so accept or reject a 
        resolution offer within 60 days shall be deemed to have made an 
        irrevocable election to reject the offer.
    (b) Acceptance or Rejection Prior to Offer.--Upon expiration of the 
60-day period immediately following the enactment of this Act, any 
eligible person may notify the Fund that such eligible person accepts 
or rejects any offer to be issued by the Fund under this title. Any 
such notice shall be signed by a duly authorized officer of the 
eligible person, as certified by the secretary of the eligible person 
or by a person with equivalent authority.
    (c) Waiver of Insurance Claims.--Any eligible person accepting a 
resolution offer from the Fund shall agree in writing, subject to 
reinstatement described in subsection (d) to waive, stay, or dismiss 
any of its existing and future claims against any insurer for eligible 
costs, including bad faith claims pertaining to actions to recover 
eligible costs.
    (d) Reinstatement of Insurance Claims.--If the Fund fails to timely 
fulfill its obligations to an eligible person under the terms of an 
accepted resolution offer, such eligible person shall be entitled to 
reinstate any of its existing and future claims under a contract for 
insurance with respect to eligible costs. A shortfall provided for in 
section 808(f) shall not be considered a failure of the Fund to timely 
fulfill its obligations.

SEC. 808. RESOLUTION PAYMENTS.

    (a) Time of Payment; Pre-Resolution Costs.--The Fund shall make 
equal annual payments over a period of 10 years for the applicable 
percentage of eligible costs incurred by an eligible person on or 
before the date such person accepts a resolution offer. The Fund may, 
in its sole discretion, make such payments over a shorter period if the 
aggregate eligible costs do not exceed $50,000. An eligible person 
shall submit to the Fund documentation of such costs as the Fund may 
require. The initial payment to an eligible person under this paragraph 
shall be made not later than 60 days after the receipt of documentation 
satisfactory to the Fund. Interest shall not accrue on amounts payable 
pursuant to a resolution offer during the 5-year period beginning on 
the date of the enactment of this Act. In each year thereafter, 
interest shall accrue on the unpaid balance of the pre-resolution costs 
in an amount equal to the rate of interest on one year Treasury bills 
issued on the anniversary of such date of enactment, or if no bills 
were issued on such date, on the last date such bills were issued prior 
to such anniversary.
    (b) Time of Payment; Post-Resolution Costs.--The Fund shall make 
payments for eligible costs incurred by an eligible person after the 
date such person accepts a resolution offer to the eligible person, or 
to a contractor or other person designated by the eligible person, 
subject to such documentation as the Fund may require. Payments under 
this title shall be made not later than 60 days after the receipt of 
documentation (satisfactory to the Fund) with respect to such costs.
    (c) Adjustment for Deductible or Self Insurance.--In the case of an 
eligible person that has submitted to the Fund, as proof of status as 
an eligible person, a valid insurance contract subject to a self-
insured retention or a deductible, payment to such eligible person 
pursuant to a resolution shall be reduced once by an amount equal to 
the average of the amounts of self-insured retentions and deductibles 
in all valid insurance contracts of insurance of the eligible person. 
For purposes of determining such average in the case of a per 
occurrence deductible or self-insured retention, the Fund shall only 
count such deductible or self-insured retention once for each policy 
year.
    (d) Adjustment for Certain Duty-To-Defend Costs.--If an insurer has 
incurred and paid costs pursuant to a duty-to-defend clause contained 
in a contract for insurance, and such costs are the subject of a 
dispute between the eligible person and an insurer, the Fund shall 
reduce payment of a resolution to an eligible person by such amount and 
pay such amount to the insurer. If such costs were paid by the insurer 
on or before the date the eligible person accepted a resolution offer 
made by the Fund, payment to an insurer under this section shall be 
made in equal annual installments over a period of 10 years, and 
interest shall not accrue with respect to such costs. The Fund may, in 
its sole discretion, make such payments over a shorter period if the 
aggregate costs do not exceed $50,000.
    (e) Effect of Payments.--(1) Payments made to an eligible person by 
the Fund pursuant to a resolution offer shall be treated as payments 
made by an insurer in satisfaction of the terms and conditions of a 
contract of insurance. Such payments shall be allocated pro rata to 
each year in which proof of insurance has been established. The amount 
allocated to each coverage year shall be allocated 100 percent to the 
primary coverage until it is exhausted and then 100 percent to each 
successively higher layer of coverage until each such layer is 
exhausted.
    (2) No insurer shall be allowed to collect recovery pursuant to a 
reinsurance contract on the basis of a payment by the Fund unless such 
reinsurer is not subject to the fees under section ______ of the 
Internal Revenue Code or has not satisfied its obligations pursuant to 
such fees.
    (f) Shortfall.--If, in any year during the first 10 years after 
enactment, the Fund does not have sufficient funds available to pay all 
eligible costs of resolution offers accepted by eligible persons, the 
Fund shall determine the amount of the costs which cannot be paid in 
that year (the ``shortfall''). The Fund shall allocate the shortfall to 
the eligible persons in proportion to the size of their pending claims 
for reimbursement from the Fund. This shortfall shall be paid to the 
eligible person and shall be amortized over the next 5 years, and the 
amortized amount shall be paid with interest at the rate specified for 
the amortization of past costs. A shortfall which is being amortized 
hereunder shall not be considered a default by the Fund, triggering the 
reinstatement of claims.
    (g) Interim Allocations.--An eligible person accepting an offer of 
resolution shall be entitled to receive payment of all eligible costs 
which have been incurred. If an eligible person obtains reimbursement 
of such eligible costs as a result of a final allocation, contribution 
action, or otherwise, the eligible person must notify the Fund of the 
amount of the reimbursement and must either (1) reduce its next claim 
to the Fund for payment of eligible costs by the amount of the 
reimbursement, or (2) refund the amount of the reimbursement.

SEC. 809. REJECTION OF RESOLUTION OFFER AND REIMBURSEMENT TO INSURER.

    If an eligible person rejects a resolution offer (including a 
rejection pursuant to section 807(b)), litigates a claim with respect 
to eligible costs against 1 or more insurers, and obtains a final 
judgment against, or enters into a settlement with, any such insurer, 
the Fund--
            (1) shall reimburse to such insurer or insurers the lesser 
        of the amount of the resolution offer made to the eligible 
        person (or, in the case of a rejection pursuant to section 
        807(b), the amount which the Fund would have offered) or the 
        final judgment or settlement; and
            (2) may, if the resolution offer exceeded the final 
        judgment or settlement, reimburse the insurer or insurers for 
        unrecovered reasonable costs and legal fees, except that the 
        total reimbursement under this subsection may not exceed the 
        amount of the resolution offer to the eligible person (or, in 
        the case of a rejection pursuant to section 807(b), the amount 
        which the Fund would have offered).
Reimbursements pursuant to this subsection shall be subject to such 
documentation as the Fund may require and shall be made by the Fund not 
later than 60 days after receipt by the Fund of a complete request for 
reimbursement satisfactory to the Fund.

SEC. 810. FINANCIAL STATEMENTS, AUDITS, INVESTIGATIONS, AND 
              INSPECTIONS.

    (a) In General.--The financial statements of the Fund shall be 
prepared in accordance with generally accepted accounting principles 
and shall be audited annually by an independent certified public 
accountant in accordance with the auditing standards issued by the 
Comptroller General. Such auditing standards shall be consistent with 
the private sector's generally accepted auditing standards.
    (b) Investigations and Other Audits.--The Inspector General of the 
Environmental Protection Agency is authorized to conduct audits and 
investigations as the Inspector General deems necessary or appropriate.

SEC. 811. STAY OF PENDING LITIGATION.

    (a) Enactment Operates as Stay.--Except as provided in this 
section, enactment of this title shall operate as a stay, applicable to 
all persons other than the United States, of the commencement or 
continuation, including the issuance or employment of process or 
service of any pleading, motion, or notice, of any judicial, 
administrative, or other action with respect to claims for indemnity or 
other claims arising from a valid insurance contract of qualified 
insurance concerning insurance coverage for eligible costs.
    (b) Actions Not Affected.--Nothing in this title shall be construed 
to authorize a stay of any action involving claims that do not concern 
eligible costs or a valid insurance contract of qualified insurance. 
Any such claim shall be severed by operation of law from claims 
involving eligible costs or valid contracts of insurance of qualified 
insurance, and the insured party may proceed with the prosecution of 
the severed claims not involving eligible costs or not involving 
qualified insurance.
    (c) Termination of Stay.--(1) The stay established by subsection 
(a) shall terminate with respect to an eligible person upon the earlier 
of the following:--
            (A) The rejection of a resolution offer (including an early 
        rejection) by such eligible person pursuant to section 807.
            (B) A determination by the Fund that an offer will not be 
        made to such eligible person or that such person is not an 
        eligible person.
            (C) A determination by the Fund pursuant to section 816(b) 
        that the minimum participation level has not been achieved.
            (D) A failure by the Fund at any time after the date 10 
        years after the enactment of this Act to timely pay to such 
        eligible person a resolution payment equal to the total amount 
        of eligible costs (including shortfalls from prior years) 
        required to be paid to such person under a resolution offer in 
        any year after such date.
    (2) The stay established by subsection (a) shall terminate on the 
date that is 10 years after the enactment of this Act with respect to:
            (A) A person that becomes an eligible person on or after 
        such date.
            (B) An eligible person that has not filed a request for a 
        resolution offer and has not rejected a resolution offer 
        pursuant to section 807(b) before such date.
    (d) Authority of United States Unaffected.--Nothing in this section 
shall be construed to limit or affect in any way the discretion or 
authority of the United States or any party to commerce or continue any 
allocation process, cost recovery, or other action pursuant to the 
authority of sections 101 through 122a of CERCLA.
    (e) Statute of Limitation Tolled.--Notwithstanding any other 
provision of Federal or State law, any Federal or State statute of 
limitation concerning the filing or prosecution of an action by an 
eligible person against an insurer, or by an insurer against an 
eligible person, with respect to eligible costs shall be tolled during 
the pendency of the stay of pending litigation established by this 
title.

SEC. 812. REGULATIONS.

    (a) Procedures and Documentation.--Not later than 120 days after 
the date of enactment of this title, the Fund shall publish in the 
Federal Register for public comment of not more than 60 days interim 
final regulations concerning procedures and documentation for the 
submission of requests for resolution offers and the payment of 
accepted resolution offers. Not later than 60 days after the close of 
the public comment period, the Fund shall publish in the Federal 
Register final regulations concerning such procedures and 
documentation, which may be amended by the Fund from time to time. The 
Fund in its discretion may require that requests for resolution offers 
made before the issuance of final regulations pursuant to this 
subsection be revised to conform to the requirements of such final 
regulations.
    (b) Other Regulations.--The Fund may prescribe such other 
regulations, rules and procedures as the Fund deems appropriate from 
time to time.
    (c) Judicial Review.--No regulation, rule or procedure prescribed 
by the Fund shall be subject to review by any court except to the 
extent such regulation, rule or procedure is not consistent with a 
provision of this title. No resolution offer made by the Fund shall be 
subject to review by any court.

SEC. 813. COURT JURISDICTION AND PENALTIES.

    (a) Jurisdiction of Federal Courts.--Notwithstanding section 1349 
of title 28, United States Code:
            (1) The Fund shall be deemed to be an agency of the United 
        States for purposes of sections 1345 and 1442 of title 28, 
        United States Code.
            (2) All civil actions to which the Fund is a party shall be 
        deemed to arise under the laws of the United States, and the 
        district courts of the United States shall have original 
        jurisdiction of all such actions, without regard to amount or 
        value.
            (3) Any civil or other action, case or controversy in a 
        court of a State, or in any court other than a district court 
        of the United States, to which the Fund is a party may at any 
        time before the trial thereof be removed by the Fund, without 
        the giving of any bond or security, to the district court of 
        the United States for the district and division embracing the 
        place where the same is pending, or, if there is no such 
        district court, to the district court of the United States for 
        the district in which the principal office of the Fund is 
        located, by following any procedure for removal of causes in 
        effect at the time of such removal.
            (4) No attachment or execution shall be issued against the 
        Fund or any of its property before final judgment in any State, 
        Federal, or other court.
    (b) False or Fraudulent Statements or Claims.--
            (1) Criminal penalties.--(A) For purposes of section 287 of 
        title 18, United States Code (relating to false claims), the 
        Fund shall be considered an agency of the United States and any 
        officer or employee of the Fund shall be considered a person in 
        the civil service of the United States.
            (B) For purposes of section 1001 of title 18, United States 
        Code (relating to false statements or entries), the Fund shall 
        be considered an agency of the United States.
            (2) Civil penalties.--Officers and employees of the Fund 
        shall be considered officers and employees of the United States 
        for purposes of section 3729 of title 31, United States Code 
        (relating to false claims).

SEC. 814. MISCELLANEOUS PROVISIONS.

    (a) Admissibility of Resolution Offer.--No resolution offered by 
the Fund shall be admissible in any legal action brought by an eligible 
person against an insurer or by an insurer against an eligible person.
    (b) Resolution Process Not Admission of Liability.--No provision of 
this title, and no action by an eligible person undertaken in 
connection with any provision of this title shall in any way constitute 
an admission of liability in connection with the disposal of a 
hazardous substance.
    (c) Precedential Effect.--No provision of this title shall affect 
or be construed to establish a precedent with respect to any insurance 
dispute between any person and insurer not subject to a stay under this 
title.
    (d) Sovereign Immunity of the United States.--No obligation or 
liability of the Fund shall constitute an obligation or liability of 
the United States, or of any department, agency, instrumentality, 
officer, or employee thereof. No person shall have a cause of action of 
any kind against the United States, or any department agency, 
instrumentality, officer, or employee thereof with respect to any 
obligation, liability, or activity of the Fund.

SEC. 815. REPORTS.

    (a) Report on Potential for Escalation of EIRF Liability.--Not 
later than the end of the 5th year after enactment of this title, the 
President shall submit a report to Congress assessing the potential 
liability of the Fund over the next 5-year period. The report shall 
include recommendations for amendments to address any shortfalls 
between the projected potential liability of the Fund and the amounts 
authorized to be raised over such 5-year period.
    (b) Report on Non-NPL Facilities.--The President shall conduct a 
study of the number of non-NPL facilities and the average cleanup cost 
per non-NPL facility and shall report his findings not later than 3 
years after the date of enactment.
    (c) Annual Reports.--The Fund shall report annually to the 
President and the Congress not later than January 15 of each year on 
its activities for the prior fiscal year. The report shall include--
            (1) a financial statement audited by an independent 
        auditor; and
            (2) a determination of whether the fees and assessments 
        imposed by section ____ of the Internal Revenue Code of 1986 
        will be sufficient to meet the anticipated obligations of the 
        Fund.
    (d) Special Reports.--The Fund shall promptly report to the 
President and the Congress at any time the Fund determines that the 
fees and assessments imposed by section ____ of the Internal Revenue 
Code of 1986 will be insufficient to meet the anticipated obligations 
of the Fund.

SEC. 816. EFFECTIVE DATE.

    (a) In General.--This title shall take effect on the date of 
enactment of this Act.
    (b) Minimum Participation Level by Eligible Persons.--
            (1) Identification of litigating eligible persons.--Each 
        insurance company providing insurance coverage to eligible 
        persons shall submit to the Fund, within 30 days after the 
        enactment of this Act, a list of all eligible persons which 
        filed suit against that company for eligible costs prior to the 
        enactment of this Act and shall notify each eligible person 
        which is on the list.
            (2) Requests for applicable percentage.--Each eligible 
        person identified on a list under paragraph (1) shall file a 
        request for its applicable percentage (as determined under 
        section 806(b)) with the Fund within 60 days after the 
        enactment of this Act. The Fund shall determine the applicable 
        percentage of the eligible person and notify the eligible 
        person of such percentage within 90 days of enactment. Each 
        eligible person receiving such notification shall decide 
        whether to accept or reject the applicable percentage 
        determination within 135 days of enactment. An eligible person 
        which has made an early acceptance or rejection pursuant to 
        section 807(b) shall be deemed to have accepted or rejected its 
        applicable percentage, as the case may be. Any eligible person 
        which does not file such a request within such period, and any 
        eligible person which files such a request and does not reject 
        the applicable percentage determination within 135 days after 
        the enactment of this Act, shall be deemed to have accepted the 
        determination solely for the purposes of this section.
            (3) Minimum participation level.--Within 150 days after 
        enactment, the Fund shall determine--
                    (A) the number of eligible persons on the list 
                under paragraph (1), and
                    (B) the weighted average (as determined under 
                paragraph (4)) of such eligible persons,
        which have accepted or rejected applicable percentage 
        determinations under this subsection. If more than 15 percent 
        of the eligible persons on such list or more than a weighted 
        average of 15 percent of such eligible persons have rejected 
        such determinations, the provisions of this title and the 
        insurance fee provisions of title IX shall cease to have any 
        force and effect, and any fees paid by insurance companies 
        which have not been utilized for administration of the Fund 
        shall be refunded to those companies.
            (4) Weighted average.--The weighted average of eligible 
        persons accepting or rejecting applicable percentage 
        determinations shall be determined by multiplying the 
        acceptances or rejections by eligible persons listed under 
        paragraph (1) times the number of each such person's eligible 
        facilities (without regard to whether or not any such is the 
        subject of any lawsuit).

SEC. 817. TERMINATION OF AUTHORITY TO OFFER AND ACCEPT RESOLUTION.

    (a) Authority To Accept Request for Resolution.--The authority of 
the Fund to accept requests for resolution shall terminate on the date 
10 years after the enactment of this Act.
    (b) Authority To Offer Resolutions.--The authority of the Fund to 
offer resolutions to eligible persons shall terminate after the date 10 
years and 180 days after the date of the enactment of this Act.
    (c) Continuing Obligations.--Until termination of the Fund, the 
Fund shall continue to--
            (1) make payments pursuant to resolution offers for any 
        eligible facility which is identified at the time of acceptance 
        of the resolution offer or within 10 years after the enactment 
        of this Act; or
            (2) reimburse insurers with respect to litigation commenced 
        or continued in connection with a resolution offer made on or 
        before the date 10 years after the date of the enactment of 
        this Act, where the resolution offer was rejected by an 
        eligible person or not acted upon by an eligible person.

SEC. 818. TERMINATION OF FUND.

    If, during any two-year calendar period commencing after the date 
10 years after the date of the enactment of this Act, no eligible 
person makes a claim to the Fund for payment of eligible costs, the 
Fund shall terminate, and all amounts remaining in the Fund shall be 
deposited in the General Fund of the Treasury.

                            TITLE IX--TAXES

SEC. 901. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Section 59A(e)(1) of the Internal Revenue Code of 1986 (26 
U.S.C. 59A(e)(1)) is amended by striking ``January 1, 1996'' and 
inserting instead ``January 1, 2001''.
    (b) Section 4611(e) of the Internal Revenue Code of 1986 (26 U.S.C. 
4611(e)) is amended--
            (1) in paragraph (1), by striking ``December 31, 1986'' and 
        inserting instead ``December 31, 1995'';
            (2) in paragraph (2)--
                    (A) by striking ``December 31, 1993 or December 31, 
                1994'' and inserting instead ``December 31, 1998 or 
                December 31, 1999'';
                    (B) by striking ``December 31, of 1994 or 1995, 
                respectively'' and inserting instead ``December 31 of 
                1999 or 2000, respectively''; and
                    (C) by striking ``1994 or 1995'' the last place it 
                appears and inserting instead ``1999 or 2000'';
            (3) in paragraph (3)(A), by striking ``January 1, 1987, and 
        ending December 31, 1995'' and inserting instead ``January 1, 
        1996, and ending December 31, 2000''; and
            (4) in paragraph (3)(B)--
                    (A) in the title thereof, by striking ``January 1, 
                1996'' and inserting ``January 1, 2001''; and
                    (B) by striking ``Fund before January 1, 1996'' and 
                inserting instead ``Fund before January 1, 2001''.

SEC. 902. ENVIRONMENTAL FEES AND ASSESSMENTS ON INSURANCE COMPANIES.

    (a) In General.--The Internal Revenue Code of 1986 is amended by 
inserting after section ____ the following new section:

``SEC.    . ENVIRONMENTAL FEES AND ASSESSMENTS ON INSURANCE COMPANIES.

                               [reserved]

    (b) Clerical Amendments.--The table of sections for chapter ____ of 
the Internal Revenue Code of 1986 is amended by inserting after the 
item relating to section ____ the following:

                              ``Sec.    . Environmental fees and 
                                        assessments on insurance 
                                        companies.''.

SEC. 903. FUNDING PROVISIONS FOR ENVIRONMENTAL INSURANCE RESOLUTION 
              FUND.

    (A) In General.--
            (1) Except as provided in section 802(f)(7) of this Act, 
        all expenditures of the Resolution Fund shall be paid out of 
        the fees and assessments imposed by section ____ of the 
        Internal Revenue Code.
            (2) Except as may be expressly authorized by the Secretary 
        of the Treasury, all funds of the Resolution Fund shall be 
        maintained in the Treasury of the United States. The Secretary 
        may provide for the disbursement of such funds to the 
        Resolution Fund or on behalf of the Resolution Fund under such 
        procedures, terms and conditions as the Secretary may 
        prescribe.
    (b) Transfer to Resolution Fund.--The Secretary of the Treasury 
shall transfer to the Resolution Fund on October 1 of fiscal year 1995, 
1996, 1997, 1998 and 1999, an amount equal to the fees and assessments 
anticipated to be collected pursuant to section ____ of the Internal 
Revenue Code of 1986 during the then current fiscal year.
    (c) Adjustments.--In each succeeding fiscal year the Secretary of 
the Treasury shall adjust the amounts transferred pursuant to paragraph 
(2) to reflect actual collections of fees and assessments during the 
prior fiscal year, except that with respect to the transfer made on 
October 1, 1999, the Resolution Fund shall reimburse the Secretary the 
amount of such transfer subsequently determined by the Secretary to 
have exceeded actual collections of fees and assessments during such 
fiscal year.

SEC. 904. RESOLUTION FUND NOT SUBJECT TO TAX.

    The Resolution Fund, including its capital, reserves, surplus, 
security holdings, and income shall be exempt from all taxation now or 
hereafter imposed by the United States (including any territory, 
dependency or possession thereof) or any State, county, municipality or 
local taxing authority.

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              -R-E-V-E-N-U-E -C-O-D-E -O-F -1-9-8-6-.

    -(-a-) -S-e-c-t-i-o-n -5-9-A-(-e-)-(-1-) -o-f -t-h-e 
-I-n-t-e-r-n-a-l -R-e-v-e-n-u-e -C-o-d-e -o-f -1-9-8-6 -(-2-6 
-U-.-S-.-C-. -5-9-A-(-e-)-(-1-)-) -i-s -a-m-e-n-d-e-d -b-y 
-s-t-r-i-k-i-n-g -`-`-J-a-n-u-a-r-y -1-, -1-9-9-6-'-' -a-n-d 
-i-n-s-e-r-t-i-n-g -i-n-s-t-e-a-d -`-`-J-a-n-u-a-r-y -1-, 
-2-0-0-1-'-'-.
    -(-b-) -S-e-c-t-i-o-n -4-6-1-1-(-e-) -o-f -t-h-e -I-n-t-e-r-n-a-l 
-R-e-v-e-n-u-e -C-o-d-e -o-f -1-9-8-6 -(-2-6 -U-.-S-.-C-. 
-4-6-1-1-(-e-)-) -i-s -a-m-e-n-d-e-d---
            -(-1-) -i-n -p-a-r-a-g-r-a-p-h -(-1-)-, -b-y 
        -s-t-r-i-k-i-n-g -`-`-D-e-c-e-m-b-e-r -3-1-, -1-9-8-6-'-' 
        -a-n-d -i-n-s-e-r-t-i-n-g -i-n-s-t-e-a-d -`-`-D-e-c-e-m-b-e-r 
        -3-1-, -1-9-9-5-'-'-;
            -(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-2-)---
                    -(-A-) -b-y -s-t-r-i-k-i-n-g -`-`-D-e-c-e-m-b-e-r 
                -3-1-, -1-9-9-3 -o-r -D-e-c-e-m-b-e-r -3-1-, 
                -1-9-9-4-'-' -a-n-d -i-n-s-e-r-t-i-n-g -i-n-s-t-e-a-d 
                -`-`-D-e-c-e-m-b-e-r -3-1-, -1-9-9-8 -o-r 
                -D-e-c-e-m-b-e-r -3-1-, -1-9-9-9-'-'-;
                    -(-B-) -b-y -s-t-r-i-k-i-n-g -`-`-D-e-c-e-m-b-e-r 
                -3-1-, -o-f -1-9-9-4 -o-r -1-9-9-5-, 
                -r-e-s-p-e-c-t-i-v-e-l-y-'-' -a-n-d -i-n-s-e-r-t-i-n-g 
                -i-n-s-t-e-a-d -`-`-D-e-c-e-m-b-e-r -3-1 -o-f -1-9-9-9 
                -o-r -2-0-0-0-, -r-e-s-p-e-c-t-i-v-e-l-y-'-'-; -a-n-d
                    -(-C-) -b-y -s-t-r-i-k-i-n-g -`-`-1-9-9-4 -o-r 
                -1-9-9-5-'-' -t-h-e -l-a-s-t -p-l-a-c-e -i-t 
                -a-p-p-e-a-r-s -a-n-d -i-n-s-e-r-t-i-n-g -i-n-s-t-e-a-d 
                -`-`-1-9-9-9 -o-r -2-0-0-0-'-'-;
            -(-3-) -i-n -p-a-r-a-g-r-a-p-h -(-3-)-(-A-)-, -b-y 
        -s-t-r-i-k-i-n-g -`-`-J-a-n-u-a-r-y -1-, -1-9-8-7-, -a-n-d 
        -e-n-d-i-n-g -D-e-c-e-m-b-e-r -3-1-, -1-9-9-5-'-' -a-n-d 
        -i-n-s-e-r-t-i-n-g -i-n-s-t-e-a-d -`-`-J-a-n-u-a-r-y -1-, 
        -1-9-9-6-, -a-n-d -e-n-d-i-n-g -D-e-c-e-m-b-e-r -3-1-, 
        -2-0-0-0-'-'-; -a-n-d
            -(-4-) -i-n -p-a-r-a-g-r-a-p-h -(-3-)-(-B-)---
                    -(-A-) -i-n -t-h-e -t-i-t-l-e -t-h-e-r-e-o-f-, -b-y 
                -s-t-r-i-k-i-n-g -`-`-J-a-n-u-a-r-y -1-, -1-9-9-6-'-' 
                -a-n-d -i-n-s-e-r-t-i-n-g -`-`-J-a-n-u-a-r-y -1-, 
                -2-0-0-1-'-'-; -a-n-d
                    -(-B-) -b-y -s-t-r-i-k-i-n-g -`-`-F-u-n-d 
                -b-e-f-o-r-e -J-a-n-u-a-r-y -1-, -1-9-9-6-'-' -a-n-d 
                -i-n-s-e-r-t-i-n-g -i-n-s-t-e-a-d -`-`-F-u-n-d 
                -b-e-f-o-r-e -J-a-n-u-a-r-y -1-, -2-0-0-1-'-'-.

-S-E-C-. -9-0-2-. -E-N-V-I-R-O-N-M-E-N-T-A-L -F-E-E-S -A-N-D 
              -A-S-S-E-S-S-M-E-N-T-S -O-N -I-N-S-U-R-A-N-C-E 
              -C-O-M-P-A-N-I-E-S-.

    -(-a-) -I-n -G-e-n-e-r-a-l-.----T-h-e -I-n-t-e-r-n-a-l 
-R-e-v-e-n-u-e -C-o-d-e -o-f -1-9-8-6 -i-s -a-m-e-n-d-e-d -b-y 
-i-n-s-e-r-t-i-n-g -a-f-t-e-r -s-e-c-t-i-o-n ____ -t-h-e 
-f-o-l-l-o-w-i-n-g -n-e-w -s-e-c-t-i-o-n-:

-`-`-S-E-C-.    -. -E-N-V-I-R-O-N-M-E-N-T-A-L -F-E-E-S -A-N-D 
              -A-S-S-E-S-S-M-E-N-T-S -O-N -I-N-S-U-R-A-N-C-E 
              -C-O-M-P-A-N-I-E-S-.

                          -[-r-e-s-e-r-v-e-d-]

    -(-b-) -C-l-e-r-i-c-a-l -A-m-e-n-d-m-e-n-t-s-.----T-h-e -t-a-b-l-e 
-o-f -s-e-c-t-i-o-n-s -f-o-r -c-h-a-p-t-e-r ____ -o-f -t-h-e 
-I-n-t-e-r-n-a-l -R-e-v-e-n-u-e -C-o-d-e -o-f -1-9-8-6 -i-s 
-a-m-e-n-d-e-d -b-y -i-n-s-e-r-t-i-n-g -a-f-t-e-r -t-h-e -i-t-e-m 
-r-e-l-a-t-i-n-g -t-o -s-e-c-t-i-o-n ____ -t-h-e -f-o-l-l-o-w-i-n-g-:

                              -`-`-S-e-c-.    -. 
                                        -E-n-v-i-r-o-n-m-e-n-t-a-l 
                                        -f-e-e-s -a-n-d 
                                        -a-s-s-e-s-s-m-e-n-t-s -o-n 
                                        -i-n-s-u-r-a-n-c-e 
                                        -c-o-m-p-a-n-i-e-s-.-'-'-.

-S-E-C-. -9-0-3-. -F-U-N-D-I-N-G -P-R-O-V-I-S-I-O-N-S -F-O-R 
              -E-N-V-I-R-O-N-M-E-N-T-A-L -I-N-S-U-R-A-N-C-E 
              -R-E-S-O-L-U-T-I-O-N -F-U-N-D-.

    -(-A-) -I-n -G-e-n-e-r-a-l-.--
            -(-1-) -E-x-c-e-p-t -a-s -p-r-o-v-i-d-e-d -i-n 
        -s-e-c-t-i-o-n -8-0-2-(-f-)-(-7-) -o-f -t-h-i-s -A-c-t-, -a-l-l 
        -e-x-p-e-n-d-i-t-u-r-e-s -o-f -t-h-e -R-e-s-o-l-u-t-i-o-n 
        -F-u-n-d -s-h-a-l-l -b-e -p-a-i-d -o-u-t -o-f -t-h-e -f-e-e-s 
        -a-n-d -a-s-s-e-s-s-m-e-n-t-s -i-m-p-o-s-e-d -b-y 
        -s-e-c-t-i-o-n ____ -o-f -t-h-e -I-n-t-e-r-n-a-l -R-e-v-e-n-u-e 
        -C-o-d-e-.
            -(-2-) -E-x-c-e-p-t -a-s -m-a-y -b-e -e-x-p-r-e-s-s-l-y 
        -a-u-t-h-o-r-i-z-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e 
        -T-r-e-a-s-u-r-y-, -a-l-l -f-u-n-d-s -o-f -t-h-e 
        -R-e-s-o-l-u-t-i-o-n -F-u-n-d -s-h-a-l-l -b-e 
        -m-a-i-n-t-a-i-n-e-d -i-n -t-h-e -T-r-e-a-s-u-r-y -o-f -t-h-e 
        -U-n-i-t-e-d -S-t-a-t-e-s-. -T-h-e -S-e-c-r-e-t-a-r-y -m-a-y 
        -p-r-o-v-i-d-e -f-o-r -t-h-e -d-i-s-b-u-r-s-e-m-e-n-t -o-f 
        -s-u-c-h -f-u-n-d-s -t-o -t-h-e -R-e-s-o-l-u-t-i-o-n -F-u-n-d 
        -o-r -o-n -b-e-h-a-l-f -o-f -t-h-e -R-e-s-o-l-u-t-i-o-n 
        -F-u-n-d -u-n-d-e-r -s-u-c-h -p-r-o-c-e-d-u-r-e-s-, -t-e-r-m-s 
        -a-n-d -c-o-n-d-i-t-i-o-n-s -a-s -t-h-e -S-e-c-r-e-t-a-r-y 
        -m-a-y -p-r-e-s-c-r-i-b-e-.
    -(-b-) -T-r-a-n-s-f-e-r -t-o -R-e-s-o-l-u-t-i-o-n -F-u-n-d-.---
-T-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -s-h-a-l-l 
-t-r-a-n-s-f-e-r -t-o -t-h-e -R-e-s-o-l-u-t-i-o-n -F-u-n-d -o-n 
-O-c-t-o-b-e-r -1 -o-f -f-i-s-c-a-l -y-e-a-r -1-9-9-5-, -1-9-9-6-, 
-1-9-9-7-, -1-9-9-8 -a-n-d -1-9-9-9-, -a-n -a-m-o-u-n-t -e-q-u-a-l -t-o 
-t-h-e -f-e-e-s -a-n-d -a-s-s-e-s-s-m-e-n-t-s -a-n-t-i-c-i-p-a-t-e-d 
-t-o -b-e -c-o-l-l-e-c-t-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n ____ 
-o-f -t-h-e -I-n-t-e-r-n-a-l -R-e-v-e-n-u-e -C-o-d-e -o-f -1-9-8-6 
-d-u-r-i-n-g -t-h-e -t-h-e-n -c-u-r-r-e-n-t -f-i-s-c-a-l -y-e-a-r-.
    -(-c-) -A-d-j-u-s-t-m-e-n-t-s-.----I-n -e-a-c-h 
-s-u-c-c-e-e-d-i-n-g -f-i-s-c-a-l -y-e-a-r -t-h-e -S-e-c-r-e-t-a-r-y 
-o-f -t-h-e -T-r-e-a-s-u-r-y -s-h-a-l-l -a-d-j-u-s-t -t-h-e 
-a-m-o-u-n-t-s -t-r-a-n-s-f-e-r-r-e-d -p-u-r-s-u-a-n-t -t-o 
-p-a-r-a-g-r-a-p-h -(-2-) -t-o -r-e-f-l-e-c-t -a-c-t-u-a-l 
-c-o-l-l-e-c-t-i-o-n-s -o-f -f-e-e-s -a-n-d -a-s-s-e-s-s-m-e-n-t-s 
-d-u-r-i-n-g -t-h-e -p-r-i-o-r -f-i-s-c-a-l -y-e-a-r-, -e-x-c-e-p-t 
-t-h-a-t -w-i-t-h -r-e-s-p-e-c-t -t-o -t-h-e -t-r-a-n-s-f-e-r -m-a-d-e 
-o-n -O-c-t-o-b-e-r -1-, -1-9-9-9-, -t-h-e -R-e-s-o-l-u-t-i-o-n 
-F-u-n-d -s-h-a-l-l -r-e-i-m-b-u-r-s-e -t-h-e -S-e-c-r-e-t-a-r-y -t-h-e 
-a-m-o-u-n-t -o-f -s-u-c-h -t-r-a-n-s-f-e-r -s-u-b-s-e-q-u-e-n-t-l-y 
-d-e-t-e-r-m-i-n-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -t-o -h-a-v-e 
-e-x-c-e-e-d-e-d -a-c-t-u-a-l -c-o-l-l-e-c-t-i-o-n-s -o-f -f-e-e-s 
-a-n-d -a-s-s-e-s-s-m-e-n-t-s -d-u-r-i-n-g -s-u-c-h -f-i-s-c-a-l 
-y-e-a-r-.

-S-E-C-. -9-0-4-. -R-E-S-O-L-U-T-I-O-N -F-U-N-D -N-O-T -S-U-B-J-E-C-T 
              -T-O -T-A-X-.

    -T-h-e -R-e-s-o-l-u-t-i-o-n -F-u-n-d-, -i-n-c-l-u-d-i-n-g -i-t-s 
-c-a-p-i-t-a-l-, -r-e-s-e-r-v-e-s-, -s-u-r-p-l-u-s-, -s-e-c-u-r-i-t-y 
-h-o-l-d-i-n-g-s-, -a-n-d -i-n-c-o-m-e -s-h-a-l-l -b-e -e-x-e-m-p-t 
-f-r-o-m -a-l-l -t-a-x-a-t-i-o-n -n-o-w -o-r -h-e-r-e-a-f-t-e-r 
-i-m-p-o-s-e-d -b-y -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s 
-(-i-n-c-l-u-d-i-n-g -a-n-y -t-e-r-r-i-t-o-r-y-, -d-e-p-e-n-d-e-n-c-y 
-o-r -p-o-s-s-e-s-s-i-o-n -t-h-e-r-e-o-f-) -o-r -a-n-y -S-t-a-t-e-, 
-c-o-u-n-t-y-, -m-u-n-i-c-i-p-a-l-i-t-y -o-r -l-o-c-a-l -t-a-x-i-n-g 
-a-u-t-h-o-r-i-t-y-.

 TITLE IX--ENVIRONMENTAL INSURANCE RESOLUTION TAXES AND TRUST FUND; 5-
            YEAR EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND

  Subtitle A--Environmental Insurance Resolution Taxes and Trust Fund

SEC. 901. ENVIRONMENTAL INSURANCE RESOLUTION TAXES.

    (a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986 
(relating to environmental taxes) is amended by adding at the end the 
following new subchapter:

        ``Subchapter E--Environmental Insurance Resolution Taxes

                              ``Part I. Tax on persons with base-period 
                                        exposure.
                              ``Part II. Tax on current-year premiums.
                              ``Part III. Assessment on insurers 
                                        resolving claims with 
                                        Environmental Insurance 
                                        Resolution Trust Fund.
                              ``Part IV. Termination; administrative 
                                        provisions.

           ``PART I--TAX ON PERSONS WITH BASE-PERIOD EXPOSURE

                              ``Sec. 4691. Imposition of tax.
                              ``Sec. 4692. Adjusted base-period 
                                        commercial premiums.
                              ``Sec. 4693. Commercial net premiums.
                              ``Sec. 4694. Other definitions and 
                                        special rules.

``SEC. 4691. IMPOSITION OF TAX.

    ``(a) General Rule.--There is hereby imposed on each assessable 
person engaged in any trade or business during any calendar year a tax 
for such calendar year equal to the sum of--
            ``(1)(A) such person's adjusted base-period commercial 
        direct premiums, multiplied by
            ``(B) the applicable direct funding rate, and
            ``(2)(A) such person's adjusted base-period commercial 
        reinsurance premiums, multiplied by
            ``(B) the applicable reinsurance funding rate.
    ``(b) Applicable Funding Rates.--For purposes of subsection (a)--
            ``(1) Applicable direct funding rate.--The applicable 
        direct funding rate is--
                    ``(A) 0.22 percent for 1995, 1996, 1997, and 1998, 
                and
                    ``(B) zero thereafter.
            ``(2) Applicable reinsurance funding rate.--The applicable 
        reinsurance funding rate is--
                    ``(A) 0.83 percent for 1995, 1996, 1997, and 1998, 
                and
                    ``(B) 0.14 percent thereafter.
    ``(c) Adjusted Direct and Reinsurance Premiums.--For purposes of 
subsection (a)--
            ``(1) Adjusted base-period commercial direct premiums.--The 
        term `adjusted base-period commercial direct premiums' means an 
        amount equal to the percentage of the aggregate adjusted base-
        period commercial premiums which is the same percentage as the 
        percentage of the sum described in section 4692(a)(1) which is 
        attributable to net premiums written from qualified commercial 
        policies (other than reinsurance policies).
            ``(2) Adjusted base-period commercial reinsurance 
        premiums.--The term `adjusted base-period commercial 
        reinsurance premiums' means adjusted base-period commercial 
        premiums which are not adjusted base-period commercial direct 
        premiums.
    ``(d) Time for Payment of Tax.--
            ``(1) Monthly installments.--The tax imposed by subsection 
        (a) on any assessable person for any calendar year shall be 
        paid in equal monthly installments during such calendar year.
            ``(2) Due date for installment.--Any installment under 
        paragraph (1) for any month shall be paid on or before the last 
        day of such month.
    ``(e) Assessable Person.--For purposes of this part, the term 
`assessable person' means any person--
            ``(1) which has commercial net premiums for any base-period 
        year; and
            ``(2) which is--
                    ``(A) a United States person, or
                    ``(B) a person (other than a United States person) 
                if--
                            ``(i) such person, during the calendar year 
                        for which the tax would be assessed, is engaged 
                        in any trade or business within the United 
                        States, and
                            ``(ii) such person's taxable income which 
                        is effectively connected with the conduct of 
                        such business is taxed under section 871(b) or 
                        882(a) and is not exempt from such tax under a 
                        treaty obligation of the United States.

``SEC. 4692. ADJUSTED BASE-PERIOD COMMERCIAL PREMIUMS.

    ``(a) General Rule.--For purposes of this part, the adjusted base-
period commercial premiums of any person is the excess (if any) of--
            ``(1) the sum of the inflation-adjusted commercial premiums 
        of such person for each base-period year, over
            ``(2) the exemption amount.
    ``(b) Inflation-Adjusted Commercial Premiums.--For purposes of this 
part, the inflation-adjusted commercial premiums of any person for any 
base-period year shall be an amount equal to the commercial net 
premiums of such person for such base-period year multiplied by the 
inflation adjustment factor for such base-period year.
    ``(c) Inflation Adjustment Factor.--

``In the case of the following                         The inflation   
  base-period years:                              adjustment factor is:
    1968..........................................                 3.09
    1969..........................................                 2.93
    1970..........................................                 2.77
    1971..........................................                 2.66
    1972..........................................                 2.57
    1973..........................................                 2.42
    1974..........................................                 2.18
    1975..........................................                 2.00
    1976..........................................                 1.89
    1977..........................................                 1.78
    1978..........................................                 1.65
    1979..........................................                 1.48
    1980..........................................                 1.31
    1981..........................................                 1.18
    1982..........................................                 1.12
    1983..........................................                 1.08
    1984..........................................                 1.04
    1985..........................................                 1.00
    ``(d) Exemption Amount.--For purposes of this section--
            ``(1) In general.--The exemption amount for any person is 
        $50,000,000.
            ``(2) Aggregation rules.--For purposes of paragraph (1)--
                    ``(A) In general.--All persons treated as a single 
                employer as of February 2, 1994, under subsection (a) 
                or (b) of section 52 shall be treated as 1 person.
                    ``(B) Joint underwriting.--
                            ``(i) In general.--In the case of any joint 
                        underwriting operation of insurance or 
                        reinsurance--
                                    ``(I) under which the participating 
                                persons assume a portion of the 
                                business written and share pro rata in 
                                the premiums, losses, expenses, and 
                                profits, and
                                    ``(II) which is under the 
                                management of 1 or more managing 
                                underwriters,
                        such participating persons as of February 2, 
                        1994, shall be treated as 1 person.
                            ``(ii) Commonly governed underwriting 
                        operations.--If more than 1 operation referred 
                        to in clause (i) is governed by a common board 
                        of directors, council, or similar body, all 
                        such operations shall be treated as 1 operation 
                        for purposes of clause (i).
                            ``(iii) Certain closing agreements.--If any 
                        person participating in a joint underwriting 
                        operation is subject to a closing agreement as 
                        of February 2, 1994, with respect to such 
                        operation, such person and all other persons 
                        subject to such agreement shall be treated as 1 
                        person.
                    ``(C) Allocation of exemption amount.--The 
                exemption amount determined under paragraph (1) shall 
                be allocated among persons treated as 1 person--
                            ``(i) under subparagraph (A) or (B)(i) in 
                        proportion to each such person's respective 
                        share of the aggregate of the amounts described 
                        in subsection (a)(1) of all such persons, and
                            ``(ii) in any other case, using any other 
                        method prescribed by the Secretary.

``SEC. 4693. COMMERCIAL NET PREMIUMS.

    ``(a) General Rule.--For purposes of this part, the commercial net 
premiums of any person for any base-period year is the sum of--
            ``(1) the net premiums written for such base-period year 
        from qualified commercial policies (other than reinsurance 
        policies),
            ``(2) the net premiums written for such year from allocated 
        reinsurance of qualified commercial policies, and
            ``(3) 21 percent of the net premiums written for such year 
        from unallocated reinsurance.
Commercial net premiums shall be determined by taking into account only 
premiums attributable to insurance or reinsurance against, or with 
respect to, hazards, risks, losses, or liabilities within the United 
States.
    ``(b) Qualified Commercial Policies.--For purposes of this 
subchapter--
            ``(1) In general.--The term `qualified commercial policy' 
        means any insurance policy against, or with respect to, 
        hazards, risks, losses, or liabilities within the United States 
        if premiums or liabilities under such policy--
                    ``(A) are of a type required to be reported in the 
                line of the underwriting and investment exhibit of the 
                annual statement relating to the commercial multiple 
                peril line of business, or
                    ``(B) are of a type required to be reported in the 
                line of the underwriting and investment exhibit of the 
                annual statement relating to the other liability line 
                of business.
            ``(2) Exclusion of certain types of policies.--Subparagraph 
        (B) of paragraph (1) shall not apply to--
                    ``(A) any policy providing only noncommercial 
                coverage, or
                    ``(B) any other policy which provides neither 
                comprehensive general liability coverage nor 
                environmental liability coverage.
    ``(c) Allocated Reinsurance.--For purposes of this part, the term 
`allocated reinsurance' means any reinsurance the net premiums written 
for which were reported on the underwriting and investment exhibit of 
the annual statement by the line of business related to the underlying 
policies covered by such reinsurance (or, in the case of a person not 
filing an annual statement, would have been required to be so reported) 
and were not reported as part of the reinsurance line of business.
    ``(d) Unallocated Reinsurance.--For purposes of this part, the term 
`unallocated reinsurance' means any reinsurance the net premiums 
written for which were reported in the line of the underwriting and 
investment exhibit of the annual statement relating to the reinsurance 
line of business (or, in the case of a person not filing an annual 
statement, would have been required to be so reported).
    ``(e) Reinsurance by Related Party Treated As Not Reinsurance.--For 
purposes of this part, if, with respect to a policy of reinsurance, the 
reinsurer and the reinsured are members of the same controlled group, 
premiums written on such reinsurance shall be treated as premiums 
described in section 4693(a)(1) and not as premiums written on 
reinsurance. For purposes of the preceding sentence, the term 
`controlled group' means all persons treated as a single employer under 
section 52(a), and, to the extent provided by the Secretary, all 
persons who are commonly managed by the same corporation.

``SEC. 4694. OTHER DEFINITIONS AND SPECIAL RULES.

    ``(a) General Definitions.--For purposes of this part--
            ``(1) Base period.--
                    ``(A) In general.--The term `base period' means the 
                18-calendar year period beginning with calendar year 
                1968 and ending with calendar year 1985.
                    ``(B) Base-period year.--The term `base-period 
                year' means any calendar year in the base period.
            ``(2) Net premiums written.--
                    ``(A) In general.--The determination of the net 
                premiums written of any person for any year shall be 
                made on the basis of the underwriting and investment 
                exhibit of the annual statement filed by such person 
                for such year (or, if such person did not file such a 
                statement, the determination shall be made on a basis 
                consistent with the annual statement requirements 
                applicable to such year).
                    ``(B) Amounts may be less than zero.--The amount 
                taken into account as the net premiums written with 
                respect to any type of policy for any year may be less 
                than zero.
            ``(3) Annual statement.--The term `annual statement' means 
        the annual statement approved by the National Association of 
        Insurance Commissioners which is required to be filed with the 
        insurance regulatory authorities of a State. If any person was 
        required to file an annual statement with the authorities of 2 
        or more different States for any base-period year, the annual 
        statement used for purposes of this part shall be the annual 
        statement in which the net premiums written related to 
        reinsurance were reported and identified in the most specific 
        manner in the underwriting and investment exhibit.
            ``(4) Policy.--The term `policy' includes any policy or 
        other instrument by whatever name called whereby a contract of 
        insurance or reinsurance is made, continued, or renewed.
            ``(5) United states.--
                    ``(A) In general.--The term `United States', when 
                used in a geographical sense, has the meaning given 
                such term by section 4612(a)(4).
                    ``(B) United states person.--Subparagraph (A) shall 
                not apply for purposes of determining whether any 
                person is a United States person.
    ``(b) Special Rule for Insurers Not Required to File Annual 
Statement.--If any person--
            ``(1) was not required to file an annual statement for any 
        year,
            ``(2) establishes to the satisfaction of the Secretary 
        that, despite the best efforts of such person, such person has 
        inadequate records to make determinations consistent with the 
        annual statement reporting requirements of this part for such 
        year, and
            ``(3) provides, in a manner acceptable to the Secretary, a 
        reasonable estimate of such determinations,
then such person shall be treated as meeting such requirements for such 
year.
    ``(c) Adjustment for Certain Acquisitions, Etc.--Except as 
otherwise provided by the Secretary--
            ``(1) Acquisitions.--If, after the beginning of the base 
        period, a person acquires any portion of a commercial insurance 
        business of another person (hereinafter in this subsection 
        referred to as the `predecessor'), the inflation-adjusted 
        commercial premiums of the acquiring person shall include the 
        inflation-adjusted commercial premiums of such predecessor 
        which are attributable to the portion of such insurance 
        business so acquired.
            ``(2) Dispositions.--If, after the beginning of the base 
        period--
                    ``(A) a person disposes of any portion of a 
                commercial insurance business in a transaction to which 
                paragraph (1) applies, and
                    ``(B) such person furnishes the acquiring person 
                with such information as is necessary for the 
                application of paragraph (1),
        then the inflation-adjusted commercial premiums of the person 
        making such disposition shall be reduced by the portion of such 
        premiums attributable to the portion of such insurance business 
        involved in such disposition.
            ``(3) Treatment of reinsurance transactions.--For purposes 
        of this subsection--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, a reinsurance transaction shall not be 
                treated as the disposition of a portion of an insurance 
                business by the reinsured nor as an acquisition of such 
                a portion by the reinsurer if, as a result of such 
                transaction, there is--
                            ``(i) a reduction in the net premiums 
                        written of the reinsured, and
                            ``(ii) an increase (in an amount equal to 
                        the amount of such reduction) in the net 
                        premiums written of the reinsurer.
                    ``(B) Treatment of certain reinsurance 
                transactions.--If, after December 31, 1985, and before 
                February 2, 1994, any person transferred any insurance 
                business in an assumption reinsurance transaction with 
                respect to qualified commercial policies that were 
                issued during the base period whereby the reinsurer 
                becomes directly liable on the qualified commercial 
                policies transferred, such transaction shall be treated 
                for purposes of paragraphs (1) and (2) as a disposition 
                of a portion of a commercial insurance business by the 
                reinsured and as an acquisition of such a portion by 
                the reinsurer.
                    ``(C) Treatment of certain terminations of 
                reinsurance transactions.--If, after the beginning of 
                the base period and before February 2, 1994, a 
                reinsurance transaction with respect to qualified 
                commercial policies is terminated in accordance with a 
                commutation agreement whereby the reinsurer is no 
                longer liable for any potential claim under the 
                reinsurance agreement, the determination of the 
                adjusted base-period commercial premiums of the 
                reinsured and the reinsurer shall be made as if such 
                reinsurance transaction had not occurred.
            ``(4) Special rules.--
                    ``(A) Adjustment of adjusted base-period premiums 
                for acquisitions and dispositions on or after february 
                2, 1994.--In the case of an acquisition or disposition 
                on or after February 2, 1994, paragraphs (1) and (2) 
                shall be applied by substituting `adjusted base-period 
                commercial premiums' for `inflation-adjusted commercial 
                premiums' each place it appears.
                    ``(B) Timing of effect of transactions on 
                computation of taxes.--If any acquisition or 
                disposition referred to in paragraph (1) or (2) occurs 
                after December 31, 1994, the provisions of this 
                subsection shall apply only for purposes of determining 
                the amount of the tax imposed by section 4691 for 
                calendar years beginning after the date of such 
                transaction.
                    ``(C) Determination of premiums attributable to 
                portion of insurance business.--The determination of 
                inflation-adjusted commercial premiums and adjusted 
                base-period commercial premiums attributable to the 
                transferred portion of a commercial insurance business 
                shall be made based on the ratio of assets transferred 
                in connection with the commercial insurance business to 
                total assets of the transferor immediately before such 
                transfer.
                    ``(D) Transferors remain secondarily liable.--
                Notwithstanding any reduction in the inflation-adjusted 
                commercial premiums or adjusted base-period commercial 
                premiums of any person by reason of the disposition of 
                any portion of such person's commercial insurance 
                business, such person shall be secondarily liable for 
                the tax imposed by section 4691 with respect to the 
                adjusted base-period commercial premiums attributable 
                to such portion.
                    ``(E) Commercial insurance business.--For purposes 
                of this subsection, the term `commercial insurance 
                business' means any liability or potential liability 
                under any policy with respect to which commercial net 
                premiums were written and the assets associated with 
                such a liability.
    ``(d) Treatment of Foreign Insurers.--
            ``(1) In general.--There is hereby imposed a tax on any 
        policy described in paragraph (2) on which any premium is 
        written by a foreign person. Such tax shall be an amount equal 
        to 0.50 percent of the maximum limit of liability of such 
        person under such policy.
            ``(2) Policies subject to tax.--For purposes of paragraph 
        (1), a policy is described in this paragraph if such policy 
        is--
                    ``(A) a policy of casualty insurance against, or 
                with respect to, hazards, risks, losses, or liabilities 
                wholly or partly within the United States, or
                    ``(B) a policy of reinsurance with respect to a 
                policy described in subparagraph (A).
            ``(3) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                any policy if the foreign person writing the premium on 
                such policy is an assessable person (as defined in 
                section 4691(e)) as of the withholding date.
                    ``(B) Prior transactions.--Paragraph (1) shall not 
                apply to any policy if, as of the withholding date, the 
                foreign person writing the premium on such policy 
                demonstrates that the tax imposed by paragraph (1) has 
                been paid on a policy covering the same hazards, risks, 
                losses, or liabilities within the United States as 
                those covered by such policy.
                    ``(C) Closing agreement.--
                            ``(i) In general.--Paragraph (1) shall not 
                        apply to any policy if, as of the withholding 
                        date, the foreign person writing the premium on 
                        such policy has in effect an agreement with the 
                        Secretary which--
                                    ``(I) provides that such person 
                                shall be treated as an assessable 
                                person for purposes of this part, and
                                    ``(II) contains such provisions as 
                                the Secretary determines to be 
                                necessary to ensure proper computation 
                                and payment of the tax imposed by 
                                section 4691 and the assessment imposed 
                                by section 4696.
                            ``(ii) Period of agreement.--Any closing 
                        agreement entered into under clause (i) shall 
                        take effect on the date specified in such 
                        agreement and shall apply for all subsequent 
                        periods unless revoked by the Secretary or 
                        revoked by the foreign person with the consent 
                        of the Secretary.
                            ``(iii) Treatment of related persons.--The 
                        Secretary shall not enter into an agreement 
                        under clause (i) with any foreign person unless 
                        such foreign person establishes to the 
                        satisfaction of the Secretary that all persons 
                        which are, or become, related persons to such 
                        foreign person and which have commercial net 
                        premiums for any base-period year are subject 
                        to such an agreement.
                            ``(iv) Closing agreement not required in 
                        certain cases.--No closing agreement shall be 
                        required to be filed by any person filing a 
                        statement referred to in subparagraph (E).
                    ``(D) Period before closing agreement.--Paragraph 
                (1) shall not apply to any policy if, as of the 
                withholding date, the foreign person writing the 
                premium on such policy--
                            ``(i) has in effect an election to be 
                        treated as an assessable person for purposes of 
                        this part,
                            ``(ii) gives such bond or other security as 
                        the Secretary may require for the collection of 
                        any tax imposed by section 4691 and any 
                        assessment imposed by section 4696, and
                            ``(iii) meets such other requirements as 
                        the Secretary may require.
                If such person fails to enter into an agreement 
                referred to in subparagraph (C)(i) in a timely manner 
                after making such election, such election shall be 
                treated as never being in effect.
                    ``(E) No adjusted base-period commercial 
                premiums.--Paragraph (1) shall not apply to any policy 
                if, as of the withholding date, the foreign person 
                writing the premium on such policy has filed with the 
                Secretary a statement (which meets such requirements as 
                may be prescribed by the Secretary) certifying under 
                penalties of perjury that it has no adjusted base-
                period commercial premiums. Any such statement shall 
                remain in effect only so long as such person does not 
                have any adjusted base-period commercial premiums.
                    ``(F) Withholding date.--The term `withholding 
                date' means the date as of which an amount would 
                otherwise be required to be deducted or withheld under 
                paragraph (5) with respect to any policy.
            ``(4) Definitions.--For purposes of this subsection--
                    ``(A) Foreign person.--The term `foreign person' 
                means any person which is not a United States person.
                    ``(B) Policy of casualty insurance.--The term 
                `policy of casualty insurance' means any policy other 
                than a policy of life, sickness, or accident insurance, 
                or annuity contract (as defined in section 4372(e)).
                    ``(C) Related person.--The term `related person' 
                has the meaning given such term by section 954(d)(3), 
                except that such section shall be applied by 
                substituting `the person with respect to whom the 
                determination is being made' for `controlled foreign 
                corporation' each place it appears.
                    ``(D) Maximum limit of liability.--The term 
                `maximum limit of liability' means the total amount for 
                which the foreign person would be liable--
                            ``(i) in the case of a policy described in 
                        paragraph (2)(A), if each person insured under 
                        such policy were simultaneously entitled to the 
                        maximum recovery allowed under the policy, and
                            ``(ii) in the case of a policy described in 
                        paragraph (2)(B), if each person insured under 
                        a policy described in paragraph (2)(A) which is 
                        directly or indirectly reinsured by the policy 
                        described in paragraph (2)(B) were 
                        simultaneously entitled to the maximum recovery 
                        allowed under the policy described in paragraph 
                        (2)(A).
                Such maximum limit of liability shall not be reduced by 
                any liability which is reinsured.
            ``(5) Collection of tax.--All persons, in whatever capacity 
        acting, having control, receipt, custody, disposal, or payment 
        of any premium or other amount for any policy on which a tax is 
        imposed under paragraph (1) shall deduct and withhold from such 
        premium or other amount the amount of such tax. Every person 
        required to so deduct and withhold such tax is hereby made 
        liable for such tax and is hereby indemnified against the 
        claims and demands of any person for the amount so deducted and 
        withheld.
    ``(e) Certain Persons Treated As Engaged In Trade or Business.--For 
purposes of this part, a person shall be treated as engaged in a trade 
or business if any other person, who with such person is treated as a 
single employer under subsection (a) or (b) of section 52, is engaged 
in a trade or business.

                ``PART II--TAX ON CURRENT-YEAR PREMIUMS

                              ``Sec. 4695. Tax on current-year 
                                        premiums.

``SEC. 4695. TAX ON CURRENT-YEAR PREMIUMS.

    ``(a) Imposition of Tax.--There is hereby imposed on each policy 
described in subsection (b) a tax equal to--
            ``(1) the direct premiums written under such policy, 
        multiplied by
            ``(2) the applicable funding rate.
    ``(b) Policies Subject to Tax.--
            ``(1) In general.--A policy is described in this subsection 
        if--
                    ``(A) such policy is issued against, or with 
                respect to, hazards, risks, losses, or liabilities 
                wholly or partly within the United States (as defined 
                in section 4612(a)(4)), and
                    ``(B) the premiums or liabilities under such policy 
                are of a type required to be reported in the line of 
                the exhibit of premiums and losses of the annual 
                statement relating to any of the following lines of 
                business:
                            ``(i) Fire.
                            ``(ii) Commercial multiple peril.
                            ``(iii) Other liability.
                            ``(iv) Products liability.
                            ``(v) Allied lines.
                            ``(vi) Inland marine.
                            ``(vii) Commercial auto no-fault.
                            ``(viii) Other commercial auto liability.
                            ``(ix) Commercial auto physical damage.
                            ``(x) Farmowners multiple peril.
                            ``(xi) Ocean marine.
                            ``(xii) Financial guaranty.
                            ``(xiii) Aircraft.
                            ``(xiv) Fidelity.
                            ``(xv) Surety.
                            ``(xvi) Glass.
                            ``(xvii) Burglary and theft.
                            ``(xviii) Boiler and machinery.
                            ``(xix) Any other line designated by the 
                        Secretary.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        policy which the issuer establishes is of any of the following 
        types of insurance:
                    ``(A) Directors and officers liability insurance.
                    ``(B) Professional liability insurance.
                    ``(C) Fire insurance on residential or farm owner-
                occupied housing units.
            ``(3) Annual statement; policy.--For purposes of this 
        section, the terms `annual statement' and `policy' have the 
        respective meanings given such terms by section 4694(a). The 
        provisions of section 4694(b) shall apply for purposes of this 
        section.
    ``(c) Applicable Funding Rate.--For purposes of this section, the 
applicable funding rate is--
            ``(1) 0.33 percent for direct premiums written during 1995, 
        1996, 1997, or 1998, and
            ``(2) 0.63 percent thereafter.
    ``(d) Exemption Amount.--
            ``(1) In general.--No tax shall be imposed by subsection 
        (a) on any premium under a policy to which subsection (b) 
        applies which is included in direct premiums written during any 
        calendar year to the extent that the amount of such premium, 
        when added to the aggregate amount of all prior direct premiums 
        written on such policies during such calendar year, does not 
        exceed the exemption amount.
            ``(2) Exemption amount.--For purposes of paragraph (1)--
                    ``(A) In general.--The exemption amount for any 
                person is $5,000,000.
                    ``(B) Controlled group rules.--For purposes of 
                subparagraph (A)--
                            ``(i) In general.--The rules of 
                        subparagraphs (A) and (B)(i) of section 
                        4692(d)(2) shall apply (determined without 
                        regard to the date therein).
                            ``(ii) Regulations.--The Secretary may by 
                        regulations treat multiple arrangements 
                        (including multiple joint underwriting 
                        operations) as 1 arrangement where the separate 
                        operation of such arrangements is without a 
                        substantial business purpose.
    ``(e) Direct Premiums Written.--For purposes of this section, the 
determination of the direct premiums written of any person for any year 
shall be made on the basis of the exhibit of premiums and losses of the 
annual statement filed by such person for such year (or, if such person 
did not file such a statement, the determination shall be made on a 
basis consistent with the annual statement requirements applicable to 
such year). Notwithstanding the preceding sentence, direct premiums 
written shall include the gross amount of premiums and other 
consideration (including advance premiums, deposits, fees, and 
assessments) arising from policies issued by a person acting as the 
direct writer, adjusted for any return or additional premiums arising 
from endorsements, cancellations, premium audits, or retrospective 
rating. Amounts returned where the amount is not fixed in the contract 
by formula or otherwise but depends on the experience of the insurer or 
the discretion of management shall not be included in return premiums.
    ``(f) Liability for Tax.--
            ``(1) In general.--Except as provided in paragraph (2)--
                    ``(A) Tax paid by issuer.--The tax imposed by 
                subsection (a) shall be paid by the person issuing the 
                policy.
                    ``(B) Due date.--Any tax payable under subparagraph 
                (A) shall be paid on or before the 14th day after the 
                close of the calendar quarter in which the premium is 
                included in direct premiums written.
                    ``(C) Deposits required.--Any issuer liable for tax 
                payable under subparagraph (A) shall make monthly 
                deposits of such tax on or before the 14th day after 
                the close of the month in which the premium is included 
                in direct premiums written.
            ``(2) Special rules for foreign insurers.--
                    ``(A) In general.--If any premium is written by a 
                foreign person (as defined in section 4694(d)(4)) on 
                any policy described in subsection (b), all persons, in 
                whatever capacity acting, having control, receipt, 
                custody, disposal, or payment of any premium or other 
                amount for such policy shall deduct and withhold from 
                such premium or other amount the amount of the tax 
                imposed by subsection (a). Every person required to so 
                deduct and withhold such tax is hereby made liable for 
                such tax and is hereby indemnified against the claims 
                and demands of any person for the amount so deducted 
                and withheld.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                with respect to any premium or other amount the income 
                from which is effectively connected with the conduct of 
                a trade or business within the United States, unless 
                such income is exempt from the application of sections 
                871(b) and 882(a) pursuant to a treaty obligation of 
                the United States.

``PART III--ASSESSMENT ON INSURERS RESOLVING CLAIMS WITH ENVIRONMENTAL 
                    INSURANCE RESOLUTION TRUST FUND

                              ``Sec. 4696. Imposition of assessment.

``SEC. 4696. IMPOSITION OF ASSESSMENT.

    ``(a) In General.--There is hereby imposed on each insurer to which 
this section applies an assessment for each calendar year in the amount 
determined under subsection (c).
    ``(b) Insurers To Which Section Applies.--This section shall apply 
to any insurer for any calendar year if such insurer issued any policy 
which, for such calendar year, is --
            ``(1) an assessable direct policy, or
            ``(2) an assessable reinsurance policy.
    ``(c) Amount of Assessment.--
            ``(1) In general.--The assessment imposed by this section 
        on any insurer for any calendar year shall be an amount equal 
        to the sum of--
                    ``(A) such insurer's EIRF-certified percentage of 
                the direct insurance limit, and
                    ``(B) such insurer's EIRF-certified percentage of 
                the reinsurance limit.
            ``(2) Limits.--For purposes of paragraph (1)--
                    ``(A) the direct insurance limit for each calendar 
                year is $81,000,000, and
                    ``(B) the reinsurance limit for each calendar year 
                is $167,000,000.
    ``(d) Time for Payment of Assessment.--The assessment imposed by 
subsection (a) for any calendar year shall be paid on or before 
September 30 of such calendar year.
    ``(e) Definitions.--For purposes of this section--
            ``(1) Assessable direct policy.--The term `assessable 
        direct policy' means, for any calendar year, any policy if--
                    ``(A) the Environmental Insurance Resolution Fund 
                determined that such policy was a valid insurance 
                contract of an eligible person,
                    ``(B) such contract (or documentary evidence of 
                such contract) was submitted (whether or not within the 
                calendar year or the applicable period with respect 
                thereto) under section 804 of the Superfund Reform Act 
                of 1994 to such Fund by or for such eligible person, 
                and
                    ``(C) such Fund, during the applicable period with 
                respect to such calendar year, made 1 or more payments 
                to such eligible person under title VIII of such Act.
            ``(2) Assessable reinsurance policy.--The term `assessable 
        reinsurance policy' means, for any calendar year, any policy 
        if--
                    ``(A) such contract is identified under paragraph 
                (5)(G)(ii) as reinsuring a policy which is an 
                assessable direct policy for such calendar year,
                    ``(B) the Environmental Insurance Resolution Fund 
                notifies the issuer of such policy that it has been so 
                identified,
                    ``(C) such issuer is an assessable person (as 
                defined in section 4692(e)) or is treated as such for 
                purposes of part I, and
                    ``(D) such Fund determines (after affording such 
                insurer an opportunity to contest such reinsurance) 
                that such contract reinsures an assessable direct 
                policy.
            ``(3) EIRF-certified percentage.--
                    ``(A) Application with direct limit.--The term 
                `EIRF-certified percentage' means, with respect to the 
                direct limit of any insurer for any calendar year, the 
                percentage determined by the Environmental Insurance 
                Resolution Fund which--
                            ``(i) the aggregate of the coverage limits 
                        contained in assessable direct policies issued 
                        by such insurer, bears to
                            ``(ii) the aggregate of the coverage limits 
                        contained in all assessable direct policies 
                        issued by all insurers.
                    ``(B) Application with reinsurance limit.--The term 
                `EIRF-certified percentage' means, with respect to the 
                reinsurance limit of any insurer for any calendar year, 
                the percentage determined by the Environmental 
                Insurance Resolution Fund which--
                            ``(i) the aggregate of the coverage limits 
                        contained in assessable reinsurance policies 
                        issued by such insurer, bears to
                            ``(ii) the aggregate of the coverage limits 
                        contained in all assessable reinsurance 
                        policies issued by all insurers.
            ``(4) Applicable period.--The term `applicable period' 
        means, with respect to any calendar year, the period of the 4 
        calendar years preceding such year.
            ``(5) Coverage limit.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, the term `coverage limit' means, with 
                respect to any policy, the aggregate limit on coverage 
                under the policy.
                    ``(B) Annual limit.--If the limit on coverage under 
                any policy is an annual limit, the term `coverage 
                limit' means, with respect to such policy, an amount 
                equal to such annual limit multiplied by the number of 
                years such contract was in effect.
                    ``(C) Per occurrence limits.--If the limit on 
                coverage under an insurance policy is expressed on a 
                per occurrence basis without an aggregate or annual 
                limit, the term `coverage limit' means, with respect to 
                such policy, an amount equal to--
                            ``(i) the limit on coverage under the 
                        policy for 1 occurrence, multiplied by
                            ``(ii) the number of eligible facilities of 
                        the eligible person that were taken into 
                        account in determining the applicable 
                        percentage under section 806 of the Superfund 
                        Reform Act of 1994 of such person, multiplied 
                        by
                            ``(iii) the number of years such contract 
                        was in effect.
                    ``(D) Excess coverage.--If the policy provides 
                excess coverage without an aggregate, annual, or per 
                occurrence limit, the term `coverage limit' means, with 
                respect to such policy, an amount equal to--
                            ``(i) 10 times the amount that must be paid 
                        by an insurer to the eligible person before 
                        such person is entitled to submit a claim for 
                        such excess coverage, multiplied by
                            ``(ii) the number of years such contract 
                        was in effect.
                    ``(E) Other cases.--If the coverage limit under any 
                policy is not determinable under the preceding 
                provisions of this paragraph, such limit shall be 
                determined by the Environmental Insurance Resolution 
                Fund under a method prescribed by the Secretary.
                    ``(F) Deductibles disregarded.--The determination 
                under this paragraph of any coverage limit under any 
                assessable direct policy shall be made without regard 
                to any deductible or self-insured retention of an 
                eligible person.
                    ``(G) Treatment of reinsurance.--
                            ``(i) In general.--The coverage limit 
                        (determined without regard to this clause) 
                        under--
                                    ``(I) any assessable direct policy, 
                                and
                                    ``(II) any assessable reinsurance 
                                policy,
                        shall be reduced by 80 percent of the portion 
                        of such limit which is reinsured, but only if 
                        the reinsurer and the reinsured are not members 
                        of the same controlled group (as defined in 
                        section 4693(e)).
                            ``(ii) Reinsurer must be identified.--A 
                        policy shall be treated as not reinsured for 
                        any period unless the Environmental Insurance 
                        Resolution Fund is notified of such reinsurance 
                        (in such form and manner, and at such time or 
                        times, as is specified by such Fund).
            ``(6) Eligible facility; eligible person; valid insurance 
        contract.--The terms `eligible facility', `eligible person', 
        and `valid insurance contract' have the respective meanings 
        given to such terms by section 802 of the Superfund Reform Act 
        of 1994.
            ``(7) Policy.--The term `policy' has the meaning given such 
        term by section 4694(a)(4).
    ``(f) No Review of EIRF-Certified Percentages.--
            ``(1) In general.--No court of the United States shall have 
        jurisdiction to hear any action, whether legal or equitable, 
        brought to review any final determination of any percentage 
        under subsection (e)(3). No such final determination shall be 
        subject to review by the Secretary in an administrative 
        proceeding.
            ``(2) Final determination.--For purposes of paragraph (1), 
        the percentages determined under subsection (e)(3) by the 
        Environmental Insurance Resolution Fund as of August 1st of any 
        calendar year shall be treated as final determinations of such 
        percentages for such year.
    ``(g) Section 4694(d) Tax To Apply to Certain Assessable Insurers 
Without Closing Agreement.--If--
            ``(1) paragraph (1) of section 4694(d) does not apply to 
        any foreign person solely by reason of paragraph (3)(E) 
        thereof, and
            ``(2) any policy issued by such person is an assessable 
        direct policy or an assessable reinsurance policy under this 
        section,
subparagraphs (C)(iv) and (E) of section 4694(d)(3) shall cease to 
apply to such person with respect to such policy.
    ``(h) Administrative Provisions.--
            ``(1) In general.--All assessments imposed by this section 
        are excise taxes, and shall be assessed and collected in the 
        same manner as other excise taxes imposed by this chapter.
            ``(2) Certain provisions made applicable.--All provisions 
        of law, including penalties and provisions providing for 
        interest, shall apply to the assessments imposed by this 
        section in the same manner as other excise taxes imposed by 
        this chapter.
    ``(i) Application of Section.--This section shall apply to calendar 
years after 1998.

           ``PART IV--TERMINATION; ADMINISTRATIVE PROVISIONS

                              ``Sec. 4697. Termination.
                              ``Sec. 4698. Return requirements; 
                                        regulations.

``SEC. 4697. TERMINATION.

    ``(a) In General.--Except as provided in subsection (b), this 
subchapter shall not apply to any calendar year after 2004.
    ``(b) Part I Tax on Certain Foreign Insurers.--The tax imposed by 
section 4694(d) shall not apply to premiums and other amounts paid 
after the close of the 10-year period beginning on the date such tax 
takes effect.

``SEC. 4698. RETURN REQUIREMENTS; REGULATIONS.

    ``(a) Return Requirements.--
            ``(1) In general.--Each person liable for any tax or 
        assessment under this subchapter shall make such returns, and 
        furnish such other statements and information to the Secretary, 
        as the Secretary determines to be necessary to carry out the 
        purposes of this subchapter.
            ``(2) Initial return.--The initial return made with respect 
        to the tax imposed by section 4691 shall include such 
        information as the Secretary shall by forms require for 
        purposes of computing the adjusted base-period commercial 
        premiums of the person making such return.
    ``(b) Regulations.--The Secretary shall prescribe such regulations 
as may be appropriate to carry out the purposes of this subchapter, 
including such regulations as may be appropriate to prevent the 
avoidance of any tax or assessment imposed by this subchapter.''
    (b) Clerical Amendment.--The table of subchapters for chapter 38 of 
such Code is amended by adding at the end the following new item:

                              ``Subchapter E. Environmental insurance 
                                        resolution taxes.''
    (c) Study of Financing.--During 2003, the Secretary of the Treasury 
or his delegate shall prepare and submit to the Committee on Ways and 
Means of the House of Representatives and the Committee on Finance of 
the Senate a study of the financing for the Environmental Insurance 
Resolution Fund, including in such study any recommendations that the 
Secretary may have with respect to such financing.

SEC. 902. ENVIRONMENTAL INSURANCE RESOLUTION TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 (relating to trust fund code) is amended by adding at the 
end the following new section:

``SEC. 9513. ENVIRONMENTAL INSURANCE RESOLUTION TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Environmental 
Insurance Resolution Trust Fund', consisting of such amounts as may be 
appropriated or credited to such Trust Fund as provided in this section 
or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to 
the Environmental Insurance Resolution Trust Fund amounts equivalent 
to--
            ``(1) the taxes received in the Treasury under subchapter E 
        of chapter 38 (relating to environmental insurance resolution 
        taxes), and
            ``(2) amounts recovered by, and fees paid to, the 
        Environmental Insurance Resolution Fund under title VIII of the 
        Superfund Reform Act of 1994.
    ``(c) Expenditures From Trust Fund.--Amounts in the Environmental 
Insurance Resolution Trust Fund shall be available for purposes of 
making expenditures to carry out title VIII of the Superfund Reform Act 
of 1994 (as in effect on the date of the enactment of such Act) and 
only for such purposes.
    ``(d) Liability of United States Limited to Amount in Trust Fund.--
            ``(1) In general.--Any expenditure or obligation incurred 
        by the Environmental Insurance Resolution Fund may be paid only 
        out of the Environmental Insurance Resolution Trust Fund.
            ``(2) Coordination with other provisions.--Nothing in the 
        Superfund Reform Act of 1994 or in any other provision of law 
        shall authorize the payment by the United States Government of 
        any amount with respect to any such expenditure or obligation 
        out of any source other than the Environmental Insurance 
        Resolution Trust Fund, and the United States Government shall 
        not be liable for any such expenditure or obligation to the 
        extent not paid from such Trust Fund.
            ``(3) Final year.--If, as of December 31, 2004, the 
        Secretary estimates that the Environmental Insurance Resolution 
        Trust Fund has insufficient funds to pay all of the amounts 
        payable out of the such Trust Fund, amounts payable out of such 
        Trust Fund after such date shall be proportionately reduced to 
        reflect such insufficiency.''.
    (b) Clerical Amendment.--The table of sections for such subchapter 
A is amended by adding at the end thereof the following new item:

                              ``Sec. 9513. Environmental Insurance 
                                        Resolution Trust Fund.''

SEC. 903. EXEMPTION FROM INCOME TAX FOR ENVIRONMENTAL INSURANCE 
              RESOLUTION FUND.

    Subsection (l) of section 501 of the Internal Revenue Code of 1986 
(relating to exemption from tax on corporations, certain trusts, etc.) 
is amended by adding at the end the following new paragraph:
            ``(4) The Environmental Insurance Resolution Fund 
        established by section 803 of the Superfund Reform Act of 
        1994.''.

SEC. 904. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided in this section, the 
amendments made by this subtitle shall take effect on January 1, 1995.
    (b) Current Year Premiums.--The amendments made by this subtitle to 
the extent related to section 4695 of the Internal Revenue Code of 
1986, as added by such amendments, shall apply to premiums written 
after December 31, 1994.
    (c) Contingency Period.--
            (1) In general.--The amendments made by this subtitle 
        (other than section 903) shall not take effect unless, as of 
        August 15, 1995--
                    (A) title VIII of this Act is in effect, and
                    (B) the contingency period has expired.
            (2) Delay in due date for taxes.--If the due date for any 
        tax imposed by subchapter E of chapter 38 of the Internal 
        Revenue Code of 1986 would, but for this paragraph, be on or 
        before the close of the contingency period, such due date shall 
        be the 14th day of the first month beginning after the close of 
        such period.
    (d) Part I Tax on Certain Foreign Insurers.--The tax imposed by 
section 4694(d) of the Internal Revenue Code of 1986, as added by this 
title, shall apply to a policy for which any premium is written after 
the close of the contingency period.
    (e) Contingency Period.--For purposes of this section, the term 
``contingency period'' means the period specified in section 816 of the 
Superfund Reform Act of 1994 during which title VIII of such Act is in 
effect on a contingent basis.

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

SEC. 911. 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) Extension of Trust Fund Purposes.--Subparagraph (A) of section 
9507(c)(1) of such Code is amended--
            (1) by striking clause (i) and inserting the following:
                            ``(i) paragraphs (1), (2), (5), (6), (7), 
                        (8), and (9) of section 111(a) of CERCLA as in 
                        effect on the date of the enactment of the 
                        Superfund Reform Act of 1994,'', and
            (2) by striking clause (iii) and inserting the following:
                            ``(iii) subsections (m), (n), (q), and (r) 
                        of section 111 of CERCLA (as so in effect), 
                        or''.
    (e) Extension of Authorization of Appropriations to Trust Fund.--
Subsection (b) of section 517 of the Superfund Revenue Act of 1986 (26 
U.S.C. 9507 note) is amended by striking ``and'' at the end of 
paragraph (8), by striking the period at the end of paragraph (9) and 
inserting a comma, and by adding at the end the following new 
paragraphs:
            ``(10) 1996, $250,000,000,
            ``(11) 1997, $250,000,000,
            ``(12) 1998, $250,000,000, and
            ``(13) 1999, $250,000,000,''.
    (f) 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 Superfund Reform Act of 1994 (or in any amendment made by any of 
such Acts)''.

         Subtitle C--Report by Environmental Protection Agency

SEC. 921. REPORT.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall prepare and submit to the Congress an annual report on its 
assessment of the effectiveness of the Superfund Reform Act of 1994 
liability and enforcement reforms, including the reduction of 
litigation, delay and costs, and other performance measures including 
the following:
            (1) Hazardous substance superfund financial integrity.--
                    (A) A breakdown of Hazardous Substance Superfund 
                obligations by type of activities.
                    (B) An accounting of such obligations (such as 
                remedial actions, studies, and enforcement), by site.
                    (C) A list of companies and associated amounts in 
                the accounts receivable inventory, including the date 
                the receivable was established, by site.
                    (D) The amount of cost recoveries paid into such 
                fund.
                    (E) Projected future clean-up costs (all sites) for 
                Federal Government and private parties.
                    (F) Projected trust fund obligations and receipts.
            (2) Clean-up efficiency and effectiveness (both private and 
        public-lead sites).--
                    (A) The number of sites cleaned-up, broken down by 
                the type and level of clean-up.
                    (B) The time taken to clean-up each site, broken 
                down by phase.
                    (C) The cost of each clean-up.
                    (D) The percentage of Agency for Toxic Substances 
                and Disease Registry health assessments completed 
                timely.
                    (E) The number of people protected from hazardous 
                substance threats.
                    (F) Expected number of human deaths prevented by 
                work performed at National Priority List sites.
                    (G) The number and cost of all studies conducted at 
                each site, and the extent of any restudies.
                    (H) The amount of attorney, contractor, and 
                engineering fees expended, broken down by site.
                    (I) Effect of the Superfund Reform Act of 1994 on 
                Hazardous Substance Superfund remedy selection, 
                litigation, and other transaction costs, and on clean-
                up costs.
            (3) Liability allocation process.--
                    (A) The number of parties who are eligible for an 
                expedited settlement and the number to whom the 
                Environmental Protection Agency makes a timely offer.
                    (B) The number of settlements with municipal solid 
                waste generators and transporters, limited-ability-to-
                pay parties, and the size of the orphan share 
                generated.
                    (C) The percent of potentially responsible parties 
                who accept the Environmental Protection Agency's 
                allocation of liability.
                    (D) The percent of allocations completed within the 
                statutory deadline.
                    (E) The percent of nonsettling allocation parties 
                subject to an Environmental Protection Agency cost 
                recovery action.
                    (F) The total number of potentially responsible 
                parties identified by the Environmental Protection 
                Agency at each site, broken down by those who settle as 
                de minimis, municipal solid waste generators and 
                transporters, and limited-ability-to-pay parties, and 
                by those who settle as a result of the allocation 
                process and those who do not settle.
                    (G) Percentage of clean-up costs allocated to 
                identified-but-not-viable potentially responsible 
                parties, unidentified potentially responsible parties, 
                and the Federal Government, and the percentage of the 
                orphan shares attributable to each.
            (4) Environmental insurance resolution trust fund.--
                    (A) Total and annual actual receipts.
                    (B) Total and annual obligations.
                    (C) Projected receipts and outlays for each fiscal 
                year for the remaining life of such Trust Fund.
                    (D) The number and percentage of potentially 
                responsible parties who have accepted offers made by 
                such Trust Fund, weighted by size of offer.
                    (E) Outlays by such Trust Fund to insurance 
                companies for settlements with parties not accepting 
                offers from such Trust Fund, and the size of the offers 
                not accepted.
    (b) Period Reports Required.--The annual reports required by 
subsection (a) shall be for each of the fiscal years 1995, 1996, 1997, 
1998, and 1999 and shall be due on the 31st of December following the 
close of each such fiscal year.
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