```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1497 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1497

    To release contributors of ordinary trash and minor amounts of 
     hazardous substances from litigation under the Comprehensive 
 Environmental Response, Compensation, and Liability Act of 1980, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1997

Mr. Lautenberg introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
    To release contributors of ordinary trash and minor amounts of 
     hazardous substances from litigation under 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Equity and Public 
Involvement in Superfund Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--ENHANCED COMMUNITY PARTICIPATION

Sec. 101. Definitions.
Sec. 102. Public participation generally.
Sec. 103. Improvement of public participation in the superfund 
                            decisionmaking process; local community 
                            advisory groups; technical assistance 
                            grants.
Sec. 104. Waste Site Information Offices.
Sec. 105. Technical outreach services for communities.
Sec. 106. Recruitment and training program.
Sec. 107. Priority site evaluation.
Sec. 108. Understandable presentation of materials.
Sec. 109. No impediment to response actions.
                          TITLE II--LIABILITY

Sec. 201. Liability exemptions and limitations.
Sec. 202. Expedited final settlement.

               TITLE I--ENHANCED COMMUNITY PARTICIPATION

SEC. 101. DEFINITIONS.

    (a) In General.--Section 117 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is 
amended--
            (1) by redesignating subsections (a) through (e) as 
        subsections (b) through (f), respectively; and
            (2) by inserting after the section heading the following:
    ``(a) Definitions.--In this section:
            ``(1) Affected community.--The term `affected community' 
        means a group of 2 or more individuals who may be affected by 
        the release or threatened release of a hazardous substance, 
        pollutant, or contaminant from a covered facility.
            ``(2) Covered facility.--The term `covered facility' means 
        a facility--
                    ``(A) that has been listed or proposed for listing 
                on the National Priorities List;
                    ``(B) at which the President is undertaking a 
                removal action that is expected to exceed--
                            ``(i) in duration, 1 year; or
                            ``(ii) in cost, the funding limit 
                        established under section 104(c)(1); or
                    ``(C) with respect to which the Administrator of 
                ATSDR has accepted a petition requesting a health 
                assessment under section 104(i)(6)(B), and that is 
                under investigation by the Administrator of the 
                Environmental Protection Agency under subsection (a) or 
                (b) of section 104.
            ``(3) Waste site information office.--The term `waste site 
        information office' means a waste site information office 
        established under subsection (j).''.
    (b) Conforming amendments.--
                    (A) Title I of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 is 
                amended--
                            (i) in section 111(a)(5) (42 U.S.C. 9611), 
                        by striking ``117(e)'' and inserting 
                        ``117(f)'';
                            (ii) in section 113(k)(2)(B) (42 U.S.C. 
                        9613)--
                                    (I) in clause (iii), by striking 
                                ``117(a)(2)'' and inserting 
                                ``117(b)(2)''; and
                                    (II) in the third sentence, by 
                                striking ``117(d)'' and inserting 
                                ``117(e)''.
                    (B) Section 2705(e) of title 10, United States 
                Code, is amended--
                            (i) by striking ``117(e)'' and inserting 
                        ``117(f)''; and
                            (ii) by striking ``(42 U.S.C. 9617(e))'' 
                        and inserting ``(42 U.S.C. 9617(f))''.

SEC. 102. PUBLIC PARTICIPATION GENERALLY.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 101(b)) is amended--
            (1) in subsection (b)(2), by inserting ``, adequate 
        notice,'' after ``oral comments'';
            (2) in the first sentence of subsection (e), by striking 
        ``major''; and
            (3) by striking subsection (f) and inserting the following:
    ``(f) Availability of Records.--
            ``(1) In general.--Except as provided in paragraph (2), 
        throughout all phases of a response action at a facility and 
        without the need to file a request under section 552 of title 
        5, United States Code, the President shall make available to 
        the affected community (including the recipient of a technical 
        assistance grant (if a grant has been awarded under subsection 
        (i)) or a community advisory group (if a community advisory 
        group has been established)), for inspection and, subject to 
        reasonable fees, for copying, all records in the administrative 
        record established by the President under section 113(k).
            ``(2) Exempt records.--Paragraph (1) shall not apply to--
                    ``(A) a record that is exempt from disclosure under 
                section 552 of title 5, United States Code;
                    ``(B) a record that would be subject to the 
                prohibition on disclosure under section 104(e)(7) if 
                the record were obtained under section 104; or
                    ``(C) a record that is exchanged between parties to 
                a dispute under this Act for the purpose of settling 
                the dispute.''.

SEC. 103. IMPROVEMENT OF PUBLIC PARTICIPATION IN THE SUPERFUND 
              DECISIONMAKING PROCESS; LOCAL COMMUNITY ADVISORY GROUPS; 
              TECHNICAL ASSISTANCE GRANTS.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 101(b)(1)) is amended by adding at the end the following:
    ``(g) Improvement of Public Participation in Decisionmaking 
Process.--
            ``(1) Views and preferences.--
                    ``(A) Solicitation.--To the extent practicable, in 
                addition to the solicitation of public comments on a 
                proposed remedial action plan under subsection (b)(2), 
                the President, during the response action process 
                (including a response under subsection (h)(4)(A)), 
                shall--
                            ``(i) disseminate information to the local 
                        community, in particular, information 
                        concerning the effects of the facility on human 
                        health, including the effects on children and 
                        other highly susceptible or highly exposed 
                        populations;
                            ``(ii) solicit information from the local 
                        community;
                            ``(iii) consider the views of the local 
                        community; and
                            ``(iv) include, in any administrative 
                        record established under section 113(k), the 
                        views of the local community and the response 
                        of the Administrator to any significant 
                        comments, criticisms, or new data submitted in 
                        a written or oral presentation.
                    ``(B) Procedure.--To solicit the views and concerns 
                of the community, the Administrator may conduct, as 
                appropriate--
                            ``(i) face-to-face community surveys for 
                        purposes including the identification of the 
                        location of private drinking water wells, 
                        historic and current or potential use of water, 
                        and other environmental resources in the 
                        community;
                            ``(ii) public meetings; and
                            ``(iii) other appropriate participatory 
                        activities.
                    ``(C) Public meetings.--The Administrator shall 
                give particular consideration to providing the 
                opportunity for public meetings in advance of 
                significant decision points in the response action 
                process.
                    ``(D) Consultation.--In determining which of the 
                procedures set forth in subparagraph (B) may be 
                appropriate, the Administrator shall consult with a 
                community advisory group, if 1 has been established 
                under subsection (h), and members of the affected 
                community.
                    ``(E) Notification.--The President shall notify the 
                local community and local government concerning--
                            ``(i) the schedule for commencement of 
                        construction activities at a covered facility 
                        and the location and availability of 
                        construction plans;
                            ``(ii) the results of the any review under 
                        section 121(c) and any modifications to the 
                        selected response made as a result of the 
                        review; and
                            ``(iii) the execution of and any revision 
                        to institutional controls being used as part of 
                        a remedial action.
            ``(2) Meetings between lead agency and potentially 
        responsible parties.--The President, on a regular basis, shall 
        inform local government officials, Indian tribes, a local 
        community advisory group (if any) and, to the extent 
        practicable, interested members of the affected community of 
        the progress and substance of technical meetings between the 
        lead agency and potentially responsible parties regarding a 
        covered facility.
            ``(3) Remedial action alternatives.--A member of the local 
        community may propose a remedial action alternative in the same 
        manner as any other interested party may propose a remedial 
        action alternative.
    ``(h) Community Advisory Groups.--
            ``(1) Notice.--The President shall, to the extent 
        practicable, provide notice of an opportunity to form a 
        community advisory group to members of the affected community, 
        particularly persons that are immediately proximate to or that 
        may be or may have been affected by a release or threatened 
        release.
            ``(2) Establishment.--The President shall assist in the 
        establishment of a community advisory group for a covered 
        facility to achieve direct, regular, and meaningful 
        communication among members of the local community throughout 
        the response action process--
                    ``(A) at the request of at least 20 individuals 
                residing in, or at least 10 percent of the population 
                of, the area in which the facility is located;
                    ``(B) if there is no request under subparagraph 
                (A), at the request of any local government with 
                jurisdiction over the facility; or
                    ``(C) if the President determines that a community 
                advisory group would be helpful to achieve the purposes 
                of this Act.
            ``(3) Responsibilities of a community advisory group.--A 
        community advisory group shall--
                    ``(A) solicit the views of the local community on 
                various issues affecting the development and 
                implementation of response actions at the facility;
                    ``(B) serve as a conduit for information between 
                the local community and other entities represented on 
                the community advisory group;
                    ``(C) present the views of the local community 
                throughout the response process; and
                    ``(D) provide the local community reasonable notice 
                of and opportunities to participate in the meetings and 
                other activities of the community advisory group.
            ``(4) Responsibilities of the President.--
                    ``(A) Consultation.--The President shall--
                            ``(i) consult with the community advisory 
                        group in developing and implementing the 
                        response action for a covered facility, 
                        including consultation with respect to--
                                    ``(I) sampling, analysis, and 
                                monitoring plans and results;
                                    ``(II) assumptions regarding 
                                reasonably anticipated future land 
                                uses;
                                    ``(III) potential remedial 
                                alternatives;
                                    ``(IV) selection and implementation 
                                of removal and remedial actions 
                                (including operation and maintenance 
                                activities) and reviews performed under 
                                section 121(c); and
                                    ``(V) use of institutional 
                                controls;
                            ``(ii) encourage the Administrator of 
                        ATSDR, in cooperation with State, Indian tribe, 
                        and local public health officials, to consult 
                        with the community advisory group regarding 
                        health assessments;
                            ``(iii) keep the community advisory group 
                        informed of progress in the development and 
                        implementation of the response action; and
                            ``(iv) on request, provide to any person 
                        the hazard ranking score of any facility that 
                        has been scored under the hazardous ranking 
                        system, and the preliminary assessment and site 
                        inspection for the facility.
                    ``(B) Consideration of comments.--The President 
                shall consider comments, information, and 
                recommendations that the community advisory group 
                provides in a timely manner.
                    ``(C) Consensus.--The community advisory group 
                shall attempt to achieve consensus among its members 
                before providing comments and recommendations to the 
                President. If consensus cannot be reached, the 
                community advisory group shall report or allow 
                presentation of divergent views.
            ``(5) Composition of community advisory groups.--
                    ``(A) Members.--
                            ``(i) Members.--The President shall, to the 
                        extent practicable, ensure that the membership 
                        of a community advisory group reflects the 
                        composition of the affected community and a 
                        diversity of interests.
                            ``(ii) Represented groups.--A community 
                        advisory group for a covered facility shall 
                        include at least 1 representative of the 
                        recipients of a technical assistance grant, if 
                        any has been awarded with respect to the 
                        facility, and shall include, to the extent 
                        practicable, a person from each of the 
                        following groups:
                                    ``(I) Persons who reside or own 
                                residential property near the facility.
                                    ``(II) Persons who, although they 
                                may not reside or own property near the 
                                facility, may be affected by the 
                                facility contamination.
                                    ``(III) Local public health 
                                practitioners or medical practitioners 
                                (particularly those who are practicing 
                                in the affected community).
                                    ``(IV) Local Indian communities 
                                that may be affected by the facility 
                                contamination.
                                    ``(V) Local citizen, civic, 
                                environmental, or public interest 
                                groups.
                                    ``(VI) Members of the local 
                                business community.
                                    ``(VII) Employees at the facility 
                                during facility operation.
                    ``(B) Local residents.--Local residents shall, to 
                the extent practicable, comprise a majority of the 
                voting membership of a community advisory group.
                    ``(C) Number of voting members.--The President 
                shall, to the extent practicable, ensure that the 
                voting membership of the community advisory group does 
                not exceed 20 individuals.
                    ``(D) Compensation.--A member of a community 
                advisory group shall serve without compensation.
                    ``(E) Nonvoting members.--The President shall 
                provide opportunities for representatives of the 
                following entities to participate (as nonvoting 
                members), as appropriate, in community advisory group 
                meetings for purposes including providing information 
                and technical expertise:
                            ``(i) The Administrator.
                            ``(ii) Other Federal agencies.
                            ``(iii) Affected States.
                            ``(iv) Affected Indian tribes.
                            ``(v) Representatives of affected local 
                        governments (such as city or county governments 
                        or local emergency planning committees, and any 
                        other governmental unit that regulates land use 
                        or land use planning in the vicinity of the 
                        facility).
                            ``(vii) Facility owners.
                            ``(viii) Potentially responsible parties.
            ``(6) Technical assistance grants.--The President may award 
        a technical assistance grant under subsection (i) to a 
        community advisory group.
            ``(7) Administrative support.--The President, to the extent 
        practicable, may provide administrative services and support 
        services to the community advisory group.
            ``(8) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to a community 
        advisory group, to a citizen advisory group (designated by the 
        President to serve the functions of a community advisory group, 
        or to a Department of Defense restoration advisory board, 
        Department of Energy Site Specific advisory board, or an ATSDR 
        citizen advisory panel.
            ``(9) Other public involvement.--The existence of a 
        community advisory group shall not diminish any other 
        obligation of the President to consider the views of any person 
        in selecting response actions under this Act. Nothing in this 
        section affects the status of any community advisory group 
        formed before the date of enactment of this subsection. Nothing 
        in this section affects the status, decisions, or future 
        formation of any Department of Defense Restoration Advisory 
        Board, or Department of Energy Site Specific Advisory Board, 
        and no community advisory group need be established for a 
        facility if any such Board has been established for the 
        facility.
    ``(i) Technical Assistance Grants.--
            ``(1) Authority.--
                    ``(A) In general.--The President may make technical 
                assistance grants available to members of an affected 
                community for a covered facility in accordance with 
                this subsection.
                    ``(B) Accessibility of application process.--To 
                ensure that the application process for a technical 
                assistance grant is accessible to all affected citizen 
                groups, the President shall periodically review the 
                process and the application and, based on the review, 
                implement appropriate changes to improve access.
                    ``(C) Notice of availability of grants.--The 
                President shall solicit the assistance of a waste site 
                information office in notifying the affected community 
                (including an Indian tribe) of the availability of a 
                technical assistance grant for a covered facility as 
                soon as practicable after the President has begun a 
                response action at the covered facility.
            ``(2) Special rules.--
                    ``(A) No matching contribution.--No matching 
                contribution shall be required for a technical 
                assistance grant.
                    ``(B) Advance payments.--The President may disburse 
                the grant to a recipient in advance of the recipient's 
                making expenditures to be covered by the grant. In the 
                event that the President advances funds, funds shall be 
                advanced in amounts that do not exceed the greater of 
                $5,000 or 10 percent of the grant amount.
            ``(3) Limit per facility.--
                    ``(A) In general.--The Administrator may award not 
                more than 1 technical assistance grant at 1 time with 
                respect to a single covered facility.
                    ``(B) Extension.--The Administrator may extend a 
                project period established in a grant to facilitate 
                public participation at all stages of a response 
                action.
            ``(4) Funding amount.--
                    ``(A) Limit.--Except as provided in subparagraph 
                (B), the amount of a technical assistance grant may not 
                exceed $50,000 for a single grant recipient.
                    ``(B) Waiver of limit.--The President may waive the 
                limit on the amount of a technical assistance grant 
                under subparagraph (A) if a waiver is necessary--
                            ``(i) to carry out the purposes of this 
                        Act; or
                            ``(ii) to reflect--
                                    ``(I) the complexity of the 
                                response action;
                                    ``(II) the nature and extent of 
                                contamination at the facility;
                                    ``(III) the level of facility 
                                activity;
                                    ``(IV) projected total needs as 
                                requested by the grant recipient;
                                    ``(V) the sizes and distances 
                                between the affected communities; or
                                    ``(VI) the ability of the grant 
                                recipient to identify and raise funds 
                                from other non-Federal sources.
            ``(5) Considerations.--In determining how to structure 
        payment of the amount of a technical assistance grant, whether 
        to extend a grant project period under subparagraph (3)(B), or 
        whether to grant a waiver under paragraph (4)(B), the 
        Administrator may consider factors such as the geographical 
        size of the facility and the distances between affected 
        communities.
            ``(6) Use of technical assistance grants.--
                    ``(A) In general.--A technical assistance grant 
                recipient may use a grant--
                            ``(i) to hire experts to assist the 
                        recipient in interpreting information and 
                        presenting the recipient's views with regard to 
                        a response action at the facility (including 
                        any aspect of a response action identified in 
                        subsection (h)(4)(A));
                            ``(ii) to publish newsletters or otherwise 
                        disseminate information to other members of the 
                        local community; or
                            ``(iii) to provide funding for training for 
                        interested affected citizens to enable the 
                        citizens to more effectively participate in the 
                        response process.
                    ``(B) Limitation on use for training.--A technical 
                assistance grant recipient may use not more than 10 
                percent of the amount of a technical assistance grant, 
                or $5,000, whichever is less, for training under 
                subparagraph (A)(iii).
            ``(7) Grant guidelines.--Not later than 180 days after the 
        date of enactment of this paragraph, the President shall ensure 
        that any guidelines concerning the management of technical 
        assistance grants by grant recipients conform with this 
        section.''.

SEC. 104. WASTE SITE INFORMATION OFFICES.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 103) is amended by adding at the end the following:
    ``(j) Waste Site Information Offices.--
            ``(1) Establishment.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 18 months after the date of enactment of 
                this subsection, a State or Indian tribe with a 
                facility on the National Priorities List within the 
                State or Indian tribe's borders or reservation 
                boundaries, respectively, may establish a waste site 
                information office to perform the functions set forth 
                in paragraph (3).
                    ``(B) Existing offices.--A State or Indian tribe 
                may designate an office in existence before the date of 
                enactment of this subsection to perform the functions 
                of a waste site information office.
                    ``(C) EPA role.--If the State or Indian tribe 
                notifies the Administrator that the State or Indian 
                tribe does not intend to establish a waste site 
                information office, or if the Administrator determines 
                that the State or Indian tribe has not established, 
                within 18 months after the date of enactment of this 
                subsection, an office to perform the functions of a 
                waste site information office, the Administrator shall 
                establish an office within the Environmental Protection 
                Agency to perform the functions.
            ``(2) Funding.--
                    ``(A) In general.--Funding for the operation of 
                waste site information offices, or State, Indian tribe, 
                or Environmental Protection Agency offices that perform 
                similar functions, collectively, shall not exceed 
                $12,500,000 for a fiscal year.
                    ``(B) State or tribal grants.--Each State or Indian 
                tribe that has a waste site information office, or each 
                State, Indian tribe, or Environmental Protection Agency 
                office performing the functions of a waste site 
                information office, shall receive not less than 
                $100,000 for a fiscal year for the performance of those 
                functions.
                    ``(C) Formula.--
                            ``(i) In general.--The Administrator shall 
                        publish guidelines establishing a formula for 
                        determining the amount of funding for each 
                        waste site information office.
                            ``(ii) Factors.--The formula shall include 
                        factors such as the number of facilities listed 
                        on the National Priorities List and the number 
                        of other covered facilities within the State's 
                        borders or Indian tribe's reservation 
                        boundaries.
            ``(3) Functions.--
                    ``(A) In general.--A waste site information office 
                shall, to the extent practicable--
                            ``(i) assist the Administrator in--
                                    ``(I) informing the public 
                                regarding the existence of the waste 
                                site information office and its 
                                services and making available the 
                                information described in clause (ii); 
                                and
                                    ``(II) notifying the public of 
                                public meetings and other opportunities 
                                to participate under this Act and the 
                                rights of the public under this Act; 
                                and
                            ``(ii) serve as a clearinghouse, and 
                        maintain records, as appropriate, for waste 
                        site information, including--
                                    ``(I) information relating to the 
                                operation of Federal, State, and tribal 
                                hazardous substance and waste laws with 
                                respect to the State or Indian tribe;
                                    ``(II) information relating to each 
                                covered facility in the State or tribal 
                                reservation, to the extent information 
                                becomes available, including--
                                            ``(aa) the location, 
                                        characteristics, and name of 
                                        owner and operator of the 
                                        covered facility;
                                            ``(bb) the hazardous 
                                        substances, pollutants, and 
                                        contaminants at the facility;
                                            ``(cc) the response actions 
                                        being taken, including records 
                                        of any institutional controls 
                                        that are included in the 
                                        response actions;
                                            ``(dd) use of institutional 
                                        controls;
                                            ``(ee) any health studies 
                                        generated in connection with 
                                        the covered facility;
                                            ``(ff) the status of the 
                                        response actions at the covered 
                                        facility;
                                            ``(gg) the results of a 
                                        review under section 121(c); 
                                        and
                                            ``(hh) the locations of the 
                                        administrative record created 
                                        for the facility, if any, under 
                                        section 113(k);
                                    ``(III) a description of the 
                                Administrator's process for identifying 
                                covered facilities and possible 
                                response actions under this Act;
                                    ``(IV) on request, the hazard 
                                ranking score of any facility for which 
                                a hazardous ranking score has been 
                                prepared and that is within the waste 
                                site information office's area of 
                                responsibility and the preliminary 
                                assessment or site inspection for the 
                                facility; and
                                    ``(V) identification of resources, 
                                including--
                                            ``(aa) technical assistance 
                                        grants under subsection (h);
                                            ``(bb) opportunities for 
                                        forming a community advisory 
                                        group under subsection (g);
                                            ``(cc) opportunities to 
                                        petition the Administrator of 
                                        ATSDR to perform a health 
                                        assessment or other related 
                                        health activity under section 
                                        104(i)(6)(B); and
                                            ``(dd) additional technical 
                                        resources, including 
                                        information about how to access 
                                        national databases containing 
                                        toxicological, health, or other 
                                        pertinent information.
                    ``(B) Report.--
                            ``(i) In general.--Each waste site 
                        information office shall annually submit to the 
                        Administrator a report documenting how the 
funds under paragraph (2) were used to carry out the functions 
established by this subsection.
                            ``(ii) Verification by inspector general.--
                        The Inspector General of the Environmental 
                        Protection Agency shall periodically review the 
                        programs carried out under this subsection.
                            ``(iii) Termination of grant.--The 
                        Administrator shall terminate the grant if--
                                    ``(I) the Administrator is unable 
                                to verify a certification; or
                                    ``(II) the Administrator determines 
                                that the grant is not being used in a 
                                manner that is consistent with the 
                                functions under paragraph (3).''.

SEC. 105. TECHNICAL OUTREACH SERVICES FOR COMMUNITIES.

    Section 311(d)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)(2)) is 
amended--
             (1) by striking ``shall include, but not be limited to, 
        the conduct of research'' and inserting the following: ``shall 
        include--
                    ``(A) the conduct of research'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) adding at the end the following:
                    ``(B) the conduct of a program to provide to 
                affected communities educational and technical 
                assistance to and information regarding the effects or 
                potential effects of the contamination on human health 
                and the environment.''.

SEC. 106. RECRUITMENT AND TRAINING PROGRAM.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 104) is amended by adding at the end the following:
    ``(k) Recruitment and Training Program.--
            ``(1) In general.--The Administrator, in consultation with 
        the National Institute of Environmental Health Science, shall 
        conduct a program to assist in the recruitment and training of 
        individuals in an affected community for employment in response 
        actions conducted at the facility concerned.
            ``(2) Recruitment, training, and employment.--The 
        Administrator shall encourage a person conducting a response 
        action under this Act to have contractors of the person train 
        in remediation skills and employ persons from the affected 
        community.''.

SEC. 107. PRIORITY SITE EVALUATION.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 106) is amended by adding at the end the following:
    ``(l) Priority Site Evaluation.--
            ``(1) Evaluation.--The Administrator shall solicit the 
        assistance of the waste site information office in identifying 
        3 facilities in the area covered by each regional office of the 
        Administrator in major urban areas, or other areas with 
        minority populations and low-income populations (such as within 
        Indian country, Indian reservations, and poor rural 
        communities) that are likely to warrant inclusion on the 
        National Priorities List.
            ``(2) Priority.--Not later than 2 years after the date of 
        enactment of this subsection, a facility identified under 
        paragraph (1) shall be accorded a priority in evaluation for 
        listing on the National Priorities List and scoring and shall 
        be evaluated for listing on the National Priorities List.''.

SEC. 108. UNDERSTANDABLE PRESENTATION OF MATERIALS.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 107) is amended by adding at the end the following:
    ``(m) Presentation of Materials.--The President shall ensure that 
information prepared for or distributed to the public under this 
section shall be provided or summarized in a manner that may be easily 
understood by the community, considering any unique cultural needs of 
the community.''.

SEC. 109. NO IMPEDIMENT TO RESPONSE ACTIONS.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) (as amended by 
section 109) is amended by adding at the end the following:
    ``(n) No Impediment to Response Actions.--Nothing in this section 
shall impede or delay the ability of the Environmental Protection 
Agency to conduct a response action necessary to protect human health 
and the environment.''.

                          TITLE II--LIABILITY

 SEC. 201. LIABILITY EXEMPTIONS AND LIMITATIONS.

    (a) Liability Exemptions.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is amended by adding at the end the following:
    ``(o) Liability Exemptions.--
            ``(1) Contiguous properties.--
                    ``(A) Not considered to be an owner or operator.--A 
                person that owns or operates real property that is 
                contiguous to or otherwise similarly situated with 
                respect to a facility at which there has been a release 
                or threatened release of a hazardous substance, that is 
                or may be contaminated by the release, shall not be 
                considered to be an owner or operator under paragraph 
                (1) or (2) of subsection (a) solely by reason of the 
                contamination if--
                            ``(i) the person did not cause, contribute, 
                        or consent to the release or threatened 
                        release;
                            ``(ii) the person is not associated with 
                        any other person that is potentially liable for 
                        any response costs at the facility at which 
                        there has been a release or threatened release 
                        of a hazardous substance, through any familial 
                        relationship, or any contractual, corporate, or 
                        financial relationship;
                            ``(iii) the person exercised appropriate 
                        care with respect to hazardous substances from 
                        the facility, in light of all relevant facts 
                        and circumstances;
                            ``(iv) the person is in compliance with any 
                        land use or activity restrictions on the 
                        property established or relied on in connection 
                        with a response action at the facility, 
                        including informing other persons that the 
                        person allows to occupy or use the property of 
                        the restrictions and taking prompt action to 
                        correct any noncompliance by such persons; and
                            ``(v) the person provides full cooperation, 
                        assistance, and access to the persons that are 
                        authorized to conduct response actions at the 
                        facility, including the cooperation and access 
                        necessary for the installation, preservation of 
                        integrity, operation, and maintenance of any 
                        complete or partial response action at the 
                        facility.
                    ``(B) Assurances.--The President may issue an 
                assurance that no enforcement action under this Act 
                will be initiated against a person described in 
                paragraph (1).
            ``(2) De micromis exemption.--
                    ``(A) Notwithstanding paragraphs (1) through (4) of 
                subsection (a), a person shall not be liable to the 
                United States or any other person (including liability 
                for contribution) under this Act for any response costs 
                incurred with respect to a facility if--
                            ``(i) liability is based solely on 
                        paragraph (3) or (4) of subsection (a);
                            ``(ii) the total of materials containing a 
                        hazardous substance that the person arranged 
                        for disposal or treatment of, arranged with a 
                        transporter for transport for disposal or 
                        treatment, of, or accepted for transport for 
                        disposal or treatment, at the facility, was 
                        less than 110 gallons of liquid materials or 
                        less than 200 pounds of solid materials (or 
                        such other amount as the Administrator may 
                        determine on a site-specific basis); and
                            ``(iii) the acts upon which liability is 
                        based took place wholly before July 1, 1997.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                in a case in which the President determines that the 
                material containing hazardous substances referred to in 
                subparagraph (A) contributed significantly or could 
                contribute significantly, either individually or in the 
                aggregate, to the cost of the response action with 
                respect to the facility.
            ``(3) Municipal solid waste exemption.--Notwithstanding 
        paragraphs (1) through (4) of subsection (a), a person shall 
        not be liable to the United States or any other person 
        (including liability for contribution) under this Act for any 
        response costs incurred with respect to a facility, to the 
        extent that--
                    ``(A) liability is based on paragraph (3) or (4) of 
                subsection (a); and
                    ``(B) the person is--
                            ``(i) an owner, operator, or lessee of 
                        residential property from which all of the 
                        person's municipal solid waste was generated;
                            ``(ii) a business entity that, during the 
                        taxable year preceding the date of transmittal 
                        of written notification that the business is a 
                        potentially responsible party, employs not more 
                        than 100 individuals; or
                            ``(iii) a small nonprofit organization from 
                        which all of the person's municipal solid waste 
                        was generated.
    (b) Liability Limitations.--Section 107 of the Comprehensive 
Environmental Response, Liability, and Compensation Act of 1980 (42 
U.S.C. 9607) (as amended by subsection (a)) is amended by adding at the 
end the following:
    ``(p) Liability Limitations.--
            ``(1) In general.--A municipality that is liable for 
        response costs under paragraph (1) or (2) of subsection (a) on 
        the basis of ownership or operation of a municipal landfill 
        that is listed on the National Priority List on or before 
        January 1, 1997, shall be eligible for a settlement of that 
        liability.
            ``(2) Settlement amount.--
                    ``(A) In general.--The President shall offer a 
                settlement to a party with respect to liability 
                described in paragraph (1) on the basis of a payment or 
                other obligation equivalent in value to not more than 
                20 percent of the total response costs in connection 
                with the facility.
                    ``(B) Increased amount.--The President may increase 
                the percentage under subparagraph (A) to not more than 
                35 percent if the President determines that--
                            ``(i) the municipality committed specific 
                        acts that exacerbated environmental 
                        contamination or exposure with respect to the 
                        facility; or
                            ``(ii) the municipality, during the period 
                        of ownership or operation of the facility, 
                        received operating revenues substantially in 
                        excess of the sum of the waste system operating 
                        costs plus 20 percent of total estimated 
                        response costs in connection with the facility.
            ``(3) Performance of response actions.--As a condition of a 
        settlement with a municipality under this subsection, the 
        President may require that the municipality perform or 
        participate in the performance of the response actions at the 
        facility.
            ``(4) Ownership or operation by 2 or more municipalities.--
        A combination of 2 or more municipalities that jointly own or 
        operate a facility shall be considered to be a single owner or 
        operator for the purpose of calculating a settlement offer 
        under this subsection.
            ``(5) Conditions.--The limitation on settlement amount 
        under paragraph (2) shall not apply on or after the date that 
        is 2 years after the date of enactment of this subsection 
        unless the municipality institutes or participates in a 
        qualified household hazardous waste collection program before 
        the date that is 2 years after the date of enactment of this 
        subsection.
            ``(6) Exceptions.--The President may decline to offer a 
        settlement under this subsection with respect to a facility if 
        the President determines that--
                    ``(A) there is no waste except municipal solid 
                waste or municipal sewage sludge at the facility; or
                    ``(B) all known potentially responsible parties are 
                insolvent, defunct, or eligible for a settlement under 
                this subsection or section 122(g).''.
    (c) Costs and Fees.--Section 107 of the Comprehensive Environmental 
Response, Liability, and Compensation Act of 1980 (42 U.S.C. 9607) (as 
amended by subsection (b)) is amended by adding at the end the 
following:
    ``(q) Costs and Fees.--A person that commences an action for 
recovery of response costs or for contribution against a person that is 
not liable, or that has entered into an expedited settlement under 
section 107(p) or 122(g), shall be liable to the defendant for all 
reasonable costs of defending the action, including all reasonable 
attorney's fees and expert witness fees.''.

SEC. 202. EXPEDITED FINAL SETTLEMENT.

    (a) Parties Eligible.--Section 122(g) of the Comprehensive 
Environment Response, Liability, and Compensation Act of 1980 (42 
U.S.C. 9622(g)) is amended--
            (1) by striking the subsection heading and inserting the 
        following:
    ``(g) Expedited Final Settlement.--'';
            (2) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (B) by striking ``(1)'' and all that follows 
                through subparagraph (A) and inserting the following:
            ``(1) Parties eligible.--
                    ``(A) In general.--The President shall, as 
                expeditiously as practicable, notify of eligibility for 
                a settlement, and offer to reach a final administrative 
                or judicial settlement with, each potentially 
                responsible party that, in the judgment of the 
                President, meets 1 or more of the conditions stated in 
subparagraphs (B), (C), (D), and (E).
                    ``(B) De minimis contribution.--The condition 
                stated in this subparagraph is that the potentially 
                responsible party's liability is for response costs 
                based on paragraph (3) or (4) of subsection (a) and the 
                party's contribution of hazardous substances at a 
                facility is de minimis. For the purposes of this 
                subparagraph, a potentially responsible party's 
                contribution shall be considered to be de minimis only 
                if the President determines that both of the following 
                criteria are met:
                            ``(i) The amount of material containing a 
                        hazardous substance contributed by the 
                        potentially responsible party to the facility 
                        is minimal relative to the total amount of 
                        material containing hazardous substances at the 
                        facility. The amount of a potentially 
                        responsible party's contribution shall be 
                        presumed to be minimal if the amount is 1 
                        percent or less of the total amount of 
                        materials containing hazardous substances at 
                        the facility, unless the Administrator 
                        identifies a different threshold based on site-
                        specific factors.
                            ``(ii) The material containing a hazardous 
                        substance contributed by the potentially 
                        responsible party does not present toxic or 
                        other hazardous effects that are significantly 
                        greater than the toxic or other hazardous 
                        effects of other material containing hazardous 
                        substances at the facility.'';
                    (C) in subparagraph (C) (as redesignated by 
                subparagraph (A))--
                            (i) by redesignating clauses (i) through 
                        (iii) as subclauses (I) through (III), 
                        respectively, and adjusting the margins 
                        appropriately;
                            (ii) by striking ``(C) The potentially 
                        responsible party'' and inserting the 
                        following:
                    ``(C) Owners of real property.--
                            ``(i) In general.--The condition stated in 
                        this subparagraph is that the potentially 
                        responsible party''; and
                            (iii) by striking ``This subparagraph (B)'' 
                        and inserting the following:
                            ``(ii) Applicability.--Clause (i)''; and
                    (D) by adding at the end the following:
                    ``(D) Contribution of municipal solid waste and 
                municipal sewage sludge.--
                            ``(i) In general.--The condition stated in 
                        this subparagraph is that the liability of the 
                        potentially responsible party is for response 
                        costs based on paragraph (3) or (4) of section 
                        107(a) and on the potentially responsible 
                        party's having arranged for disposal or 
                        treatment of, arranged with a transporter for 
                        transport for disposal or treatment of, or 
                        accepted for transport for disposal or 
                        treatment of, municipal solid waste or 
                        municipal sewage sludge at a facility listed on 
                        the National Priorities List.
                            ``(ii) Settlement amount.--
                                    ``(I) In general.--The President 
                                shall offer a settlement to a party 
                                referred to in clause (i) with respect 
                                to liability under paragraph (3) or (4) 
                                of section 107(a) on the basis of a 
                                payment of $3.05 per ton of municipal 
                                solid waste or municipal sewage sludge 
                                that the President estimates is 
                                attributable to the party.
                                    ``(II) Facility-specific 
                                adjustment.--The President may adjust 
                                the $3.05 amount in subclause (I), on a 
                                facility-specific basis, to not more 
                                than $3.25 per ton, if the President 
                                determines that any of the following 
                                factors is present at a facility:
                                            ``(aa) A shallow aquifer 
                                        underlies the facility.
                                            ``(bb) The facility is 
                                        located in an area of high 
                                        rainfall or cold ambient air 
                                        temperature.
                                            ``(cc) The ground water 
                                        affected by the facility is 
                                        classified as drinking water.
                                            ``(dd) Low-permeability 
                                        cover material (such as clay) 
                                        is unavailable at the facility.
                                    ``(III) Revision.--
                                            ``(aa) In general.--The 
                                        President may revise the $3.05 
                                        and $3.25 settlement 
amounts under subclauses (I) and (II) by regulation.
                                            ``(bb) Basis.--A revised 
                                        settlement amount under item 
                                        (aa) shall reflect the 
                                        estimated per-ton cost of 
                                        closure and post-closure 
                                        activities at a representative 
                                        facility containing only 
                                        municipal solid waste.
                            ``(iii) Conditions.--The provisions for 
                        settlement described in this subparagraph shall 
                        not apply with respect to a facility where 
                        there is no waste except municipal solid waste 
                        or municipal sewage sludge.
                            ``(iv) Municipal sewage sludge containing 
                        certain residue.--The President may decline to 
                        offer a settlement under this subsection to a 
                        person that arranged for disposal or treatment 
                        of, arranged with a transporter for transport 
                        for disposal or treatment of, or accepted for 
                        transport for disposal or treatment, municipal 
                        sewage sludge, if the President determines that 
                        the municipal sewage sludge contributed or 
                        could contribute significantly to the cost of 
                        the response action at the facility.
                            ``(v) Adjustment for inflation.--The 
                        Administrator may by guidance periodically 
                        adjust the settlement amounts under clause (ii) 
                        to reflect changes in the Consumer Price Index 
                        (or other appropriate index, as determined by 
                        the Administrator).
                            ``(vi) Municipal owners and operators.--A 
                        municipality that arranged for disposal or 
                        treatment of, arranged with a transporter for 
                        transport for disposal or treatment of, or 
                        accepted for transport for disposal or 
                        treatment, municipal solid waste or municipal 
                        sewage sludge at a facility and is a 
                        municipality that is also potentially liable 
                        under paragraph (1) or (2) of section 107(a) at 
                        the facility shall be eligible for settlement 
                        under this subparagraph and section 107(p). The 
                        settlement amount shall be equal to the 
                        settlement amount under clause (ii) with 
                        respect to its contribution of municipal solid 
                        waste or municipal sewage sludge, plus the 
                        amount provided in section 107(p) as to the 
                        liability of the municipality under paragraph 
                        (1) or (2) of section 107(a).
                    ``(E) Reduction in settlement amount based on 
                limited ability to pay.--
                            ``(i) In general.--The condition stated in 
                        this subparagraph is that the potentially 
                        responsible party--
                                    ``(I) is--
                                            ``(aa) a natural person;
                                            ``(bb) a small business; or
                                            ``(cc) a municipality; and
                                    ``(II) demonstrates to the 
                                President an inability or a limited 
                                ability to pay response costs.
                            ``(ii) Costs borne by the united states.--
                        Where the United States enters into a 
                        settlement under section 122 with a party that 
                        agrees to perform work at the same facility 
                        that is the subject of a settlement under 
                        clause (i), the United States shall contribute 
                        the difference between--
                                    ``(I) the aggregate share that the 
                                Administrator determines, on the basis 
                                of information presented, to be 
                                specifically attributable to parties 
                                with a limited ability to pay response 
                                costs; and
                                    ``(II) the share actually assumed 
                                by those parties in any settlements 
                                with the United States under clause 
                                (i).
                            ``(iii) Small businesses.--
                                    ``(I) Definition of small 
                                business.--In this subparagraph, the 
                                term `small business' means a business 
                                entity that--
                                            ``(aa) together with its 
                                        parents, subsidiaries, and 
                                        other affiliates, had an 
                                        average of not more than 50 
                                        full-time equivalent employees 
                                        and an average of not more than 
                                        $3,000,000 in annual gross 
                                        revenues, as reported to the 
                                        Internal Revenue Service, 
                                        during the 3 years preceding 
                                        the date on which the business 
                                        entity first received notice 
                                        from the President of its 
                                        potential liability under this 
                                        Act; and
                                            ``(bb) is not associated 
                                        with any other person 
                                        potentially responsible for 
                                        response costs at the facility 
                                        through any familial 
                                        relationship, or any 
                                        contractual, corporate, or 
                                        financial relationship other 
                                        than that arising from an 
                                        arrangement for disposal or 
                                        treatment, or for transport for 
                                        disposal or treatment of 
                                        hazardous substances.
                            ``(iv) Definition of affiliate.--In this 
                        subparagraph, the term `affiliate' has the 
                        meaning given the term `small business concern' 
                        in regulations promulgated by the Small 
                        Business Administration in accordance with the 
                        Small Business Act (15 U.S.C. 631 et seq.).
                            ``(v) Other potentially responsible 
                        parties.--This subparagraph does not affect the 
                        President's authority to evaluate the ability 
                        to pay of a potentially responsible party other 
                        than a natural person, small business, or 
                        municipality, or to enter into a settlement 
                        with such other party based on that party's 
                        ability to pay.
                    ``(F) Basis of determination.--If the President 
                determines that a potentially responsible party is not 
                eligible for settlement under this subsection, the 
                President shall state the reasons for the determination 
                in writing to any potentially responsible party that 
                requests a settlement under this paragraph. A 
                determination by the President under this paragraph 
                shall not be subject to judicial review.''.
    (b) Settlement Offers.--Section 122 of the Comprehensive 
Environment Response, Liability, and Compensation Act of 1980 (42 
U.S.C. 9622) is amended--
            (1) in subsection (g)--
                    (A) by redesignating paragraph (6) as paragraph 
                (10); and
                    (B) by inserting after paragraph (5) the following:
            ``(6) Settlement offers.--
                    ``(A) In general.--As soon as practicable after 
                receipt of sufficient information, the Administrator 
                shall submit a written settlement offer to each person 
                that the Administrator determines, based on information 
                available to the Administrator at the time at which the 
                determination is made, to be eligible for a settlement 
                under paragraph (1).
                    ``(B) Information.--At the time at which the 
                Administrator submits an offer under paragraph (1), the 
                Administrator shall, at the request of the recipient of 
                the offer, make available to the recipient any 
                information available under section 552 of title 5, 
                United States Code, on which the Administrator bases 
                the settlement offer, and if the settlement offer is 
                based in whole or in part on information not available 
                under that section, so inform the recipient.
            ``(7) Litigation moratorium.--
                    ``(A) In general.--No person eligible for an 
                expedited settlement under paragraph (1) shall be named 
                as a defendant in any action under this Act for 
                recovery of response costs (including an action for 
                contribution) during the period beginning on the date 
                on which the person receives from the President written 
                notice of its potential liability and notice that it is 
                a party that may qualify for an expedited settlement, 
                and ending on the earlier of--
                            ``(i) the date that is 90 days after the 
                        date on which the President tenders a written 
                        settlement offer to the person; or
                            ``(ii) the date that is 1 year after the 
                        date specified in subparagraph (A).
                    ``(B) Tolling of period of limitation.--The period 
                of limitation under section 113(g) applicable to a 
                claim against a person described in subparagraph (A) 
                for response costs or contribution shall be tolled 
                during the period described in subparagraph (A).
                    ``(C) Stay of litigation.--If, before the date of 
                enactment of this paragraph, a person described in 
                subparagraph (A) has been named as a defendant in an 
                action for recovery of response costs or contribution, 
                the court shall, unless a stay would result in manifest 
                injustice, stay the action as to that claim until the 
                end of the period described in subparagraph (A).
            ``(8) Notice of settlement.--After a settlement under this 
        subsection becomes final with any person with respect to a 
        facility, the President shall promptly notify potentially 
        responsible parties at the facility that have not resolved 
        their liability to the United States of the settlement.''; and
            (2) by adding at the end the following:
    ``(n) Exceptions.--Subsection (g) and subsections (o) and (p) of 
section 107 shall not apply in a case in which the President determines 
that the person has failed to comply with any request for information 
or administrative subpoena issued by the President under this Act, or 
has impeded or is impeding the performance of a response action with 
respect to the facility.
    ``(o) Waiver of claims.--The President may require, as a condition 
of settlement under this subsection or section 107(p), that a 
potentially responsible party waive some or all of the claims 
(including a claim for contribution under section 113) that the party 
may have against other potentially responsible parties for all response 
costs incurred at the facility.
    ``(p) Relationship to Liability Under Other Law.--Nothing in this 
section affects the obligation of any person to comply with any other 
Federal, State, or local law (including requirements under the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.).''.
    (c) Regulations.--The Administrator of the Environmental Protection 
Agency has the authority, under section 115 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9615), to promulgate additional regulations concerning the 
amendments made by this section.
                                 <all>
```