```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1300 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1300

 To amend the Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980 to promote brownfields redevelopment, to 
 reauthorize and reform the Superfund program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 1999

   Mr. Boehlert (for himself, Mr. Rahall, Mr. Barcia, Mr. Dooley of 
  California, Mr. Clyburn, Mr. Horn, Mr. Gilchrest, Mr. DeFazio, Mr. 
Quinn, Mr. Traficant, Mr. Ehlers, Mr. Taylor of Mississippi, Mr. Bass, 
    Mrs. Tauscher, Mr. Gilman, Mr.  Berry, Mr. Porter, Mr. Moran of 
     Virginia, Mr. Walsh, Mrs. Thurman, Mr. Leach, Mr. Matsui, Mr. 
   Sensenbrenner, Mr. Clement, Mr. Castle, Mr. Goss, Mrs. Johnson of 
Connecticut, Mr. King, Mr. Cramer, Mrs. Biggert, Mr. Thune, Ms. Danner, 
  Mr. Cook, and Mr. McHugh) introduced the following bill; which was 
     referred to the Committee on Commerce, and in addition to the 
 Committees on Transportation and Infrastructure, and Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

                             June 15, 1999

   Additional sponsors: Mr. Greenwood, Mr. Shows, Mr. Martinez, Mr. 
   Blumenauer, Mr. Ford, Mr. English, Mr. Pastor, Mr. Jefferson, Mr. 
Holden, Mr. LaTourette, Mr. LaHood, Mr. Rangel, Mr. Dixon, Mrs. Fowler, 
   Mr. Smith of Washington, Mr. Hastings of Florida, Mr. Roemer, Mr. 
  Chambliss, Mr. Clay, Mr. Frelinghuysen, Mr. Bachus, Mr. Dicks, Mrs. 
Jones of Ohio, Ms. Pryce of Ohio, Mr. Foley, Mrs. Emerson, Mr. Sherman, 
     Mr. Pitts, Mr. Wise, Mr. Goodling, Mr. Burton of Indiana, Ms. 
  Slaughter, Mr. Sweeney, Mr. Gordon, Mr. Costello, Mrs. Morella, Mr. 
Latham, Mr. Peterson of Minnesota, Mr. Weiner, Mr. Hilliard, Mr. Petri, 
           Mr. Ney, Mr. Cummings, Mr. Bateman, and Mr. Duncan

_______________________________________________________________________

                                 A BILL

 
 To amend the Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980 to promote brownfields redevelopment, to 
 reauthorize and reform the Superfund program, and for other purposes.

    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 ``Recycle America's 
Land Act of 1999''.
    (b) Table of Contents.--

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

Sec. 101. Savings provision.
Sec. 102. Brownfields.
Sec. 103. Assistance for voluntary cleanup programs.
Sec. 104. Enforcement in cases of a release subject to a State response 
                            action.
Sec. 105. Additions to National Priorities List.
           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

Sec. 201. Improving citizen and community participation in 
                            decisionmaking.
Sec. 202. Additional public involvement requirements.
Sec. 203. Technical assistance grants.
Sec. 204. Understandable presentation of materials.
Sec. 205. Public participation in removal actions.
Sec. 206. Community study.
Sec. 207. Definitions.
                        Subtitle B--Human Health

Sec. 221. Public health authorities.
Sec. 222. Indian health provisions.
Sec. 223. Hazard ranking system.
Sec. 224. Facility scoring.
                      TITLE III--LIABILITY REFORM

Sec. 301. Amendments to section 106.
Sec. 302. Amendments to section 107(a).
Sec. 303. Innocent parties.
Sec. 304. Statutory construction.
Sec. 305. Livestock treatment.
Sec. 306. Liability relief for small businesses, municipal solid waste, 
                            sewage sludge, and municipal owners and 
                            operators.
Sec. 307. Amendments to section 113.
Sec. 308. Liability of response action contractors.
Sec. 309. Amendments to section 122.
Sec. 310. Clarification of liability for recycling transactions.
Sec. 311. Allocation.
                       TITLE IV--REMEDY SELECTION

Sec. 401. Remedy selection.
Sec. 402. Hazardous substance property use.
Sec. 403. Risk assessment standards.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Trust Fund defined.
Sec. 502. Indian tribes.
Sec. 503. Grants for training and education of workers.
Sec. 504. State cost share.
Sec. 505. State and local reimbursement for response actions.
Sec. 506. State role at Federal facilities.
Sec. 507. Federal cost study.
Sec. 508. Oil Pollution Act.
                           TITLE VI--FUNDING

    Subtitle A--Expenditures From the Hazardous Substance Superfund

Sec. 601. Expenditures from the Hazardous Substance Superfund.
Sec. 602. Authorization of appropriations from general revenues.
         Subtitle B--Extension of Hazardous Substance Superfund

Sec. 611. Extension of Hazardous Substance Superfund.

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

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

SEC. 3. EFFECTIVE DATE.

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

                  TITLE I--BROWNFIELDS REVITALIZATION

SEC. 101. SAVINGS PROVISION.

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

SEC. 102. BROWNFIELDS.

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

``SEC. 127. BROWNFIELDS.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Administrative cost.--The term `administrative cost' 
        does not include the cost of--
                    ``(A) site inventories;
                    ``(B) investigation and identification of the 
                extent of contamination;
                    ``(C) design and performance of a response action; 
                or
                    ``(D) monitoring of natural resources.
            ``(2) Brownfield facility.--
                    ``(A) In general.--The term `brownfield facility' 
                means real property with respect to which expansion, 
                development, or redevelopment is complicated by the 
                presence or potential presence of a hazardous 
                substance.
                    ``(B) Excluded facilities.--The term `brownfield 
                facility' does not include--
                            ``(i) any portion of real property that is 
                        the subject of an ongoing removal or planned 
                        removal under section 104;
                            ``(ii) any portion of real property that is 
                        listed or has been proposed for listing on the 
                        National Priorities List;
                            ``(iii) any portion of real property with 
                        respect to which a cleanup is proceeding under 
                        a permit, an administrative order, or a 
                        judicial consent decree entered into by the 
                        United States or an authorized State under this 
                        Act, the Solid Waste Disposal Act (42 U.S.C. 
                        6901 et seq.), the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.), the Toxic 
                        Substances Control Act (15 U.S.C. 2601 et 
                        seq.), or the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            ``(iv) a facility that is owned or operated 
                        by a department, agency, or instrumentality of 
                        the United States, except a facility located on 
                        lands held in trust for an Indian tribe; or
                            ``(v) a portion of a facility for which 
                        assistance for response activity has been 
                        obtained under subtitle I of the Solid Waste 
                        Disposal Act (42 U.S.C. 6991 et seq.) from the 
                        Leaking Underground Storage Tank Trust Fund 
                        established under section 9508 of the Internal 
                        Revenue Code of 1986.
            ``(3) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' 
                means--
                            ``(i) a State or a political subdivision of 
                        a State, including--
                                    ``(I) a general purpose unit of 
                                local government; and
                                    ``(II) a regional council or group 
                                of general purpose units of local 
                                government;
                            ``(ii) a redevelopment agency that is 
                        chartered or otherwise sanctioned by a State or 
                        other unit of government; and
                            ``(iii) an Indian tribe.
                    ``(B) Excluded entities.--The term `eligible 
                entity' does not include any entity that is not in full 
                compliance with the requirements of an administrative 
                order, judicial consent decree, or closure plan under a 
                permit which has been issued or entered into by the 
                United States or an authorized State under this Act, 
                the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.), the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.), or the Safe Drinking Water Act (42 
                U.S.C. 300f et seq.) with respect to the real property 
                or portion thereof which is the subject of the order, 
                judicial consent decree, or closure plan.
    ``(b) Brownfield Assessment Grant Program.--
            ``(1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible entities for 
        inventory and assessment of brownfield facilities.
            ``(2) Assistance for site assessment.--On approval of an 
        application made by an eligible entity, the President may make 
        grants to the eligible entity to be used for developing an 
        inventory and conducting an assessment of 1 or more brownfield 
        facilities.
            ``(3) Applications.--
                    ``(A) In general.--Any eligible entity may submit 
                an application to the President, in such form as the 
                President may require, for a grant under this 
                subsection for 1 or more brownfield facilities.
                    ``(B) Application requirements.--An application for 
                a grant under this subsection shall include information 
                relevant to the ranking criteria established under 
                paragraph (4) for the facility or facilities for which 
                the grant is requested.
            ``(4) Ranking criteria.--The President shall establish a 
        system for ranking grant applications submitted under this 
        subsection that includes the following criteria:
                    ``(A) The demonstrated need for Federal assistance.
                    ``(B) The extent to which a grant will stimulate 
                the availability of other funds for environmental 
                remediation and subsequent redevelopment of the area in 
                which the brownfield facilities are located.
                    ``(C) The estimated extent to which a grant would 
                facilitate the identification of or facilitate a 
                reduction in health and environmental risks.
                    ``(D) The potential to stimulate economic 
                development of the area, such as the following:
                            ``(i) The relative increase in the 
                        estimated fair market value of the area as a 
                        result of any necessary response action.
                            ``(ii) The potential of a grant to create 
                        new or expand existing business and employment 
                        opportunities on completion of any necessary 
                        response action.
                            ``(iii) The estimated additional tax 
                        revenues expected to be generated by economic 
                        redevelopment in the area in which a brownfield 
                        facility is located.
                    ``(E) The financial involvement of the State and 
                local government in any response action planned for a 
                brownfield facility and the extent to which the 
                response action and the proposed redevelopment is 
                consistent with any applicable State or local community 
                economic development plan.
                    ``(F) The extent to which the site assessment and 
                subsequent development involves the active 
                participation and support of the local community.
            ``(5) Maximum grant amount per facility.--A grant made to 
        an eligible entity under this subsection shall not exceed 
        $200,000 with respect to any brownfield facility covered by the 
        grant.
    ``(c) Brownfield Remediation Grant Program.--
            ``(1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible entities to 
        be used for capitalization of revolving loan funds for remedial 
        actions at brownfield facilities.
            ``(2) Assistance for site remediation.--Upon approval of an 
        application made by an eligible entity, the President may make 
        grants to the eligible entity to be used for establishing a 
        revolving loan fund. Any fund established using such grants 
        shall be used to make loans to a State, a site owner, or a site 
        developer for the purpose of carrying out remedial actions at 1 
        or more brownfield facilities.
            ``(3) Applications.--
                    ``(A) In general.--Any eligible entity may submit 
                an application to the President, in such form as the 
                President may require, for a grant under this 
                subsection.
                    ``(B) Application requirements.--An application 
                under this section shall include information relevant 
                to the ranking criteria established under paragraph 
                (4).
            ``(4) Ranking criteria.--The President shall establish a 
        system for ranking grant applications submitted under this 
        subsection that includes the following criteria:
                    ``(A) The adequacy of the financial controls and 
                resources of the eligible entity to administer a 
                revolving loan fund in accordance with this title.
                    ``(B) The ability of the eligible entity to monitor 
                the use of funds provided to loan recipients under this 
                title.
                    ``(C) The ability of the eligible entity to ensure 
                that a remedial action funded by the grant will be 
                conducted under the authority of a State cleanup 
                program that ensures that the remedial action is 
                protective of human health and the environment.
                    ``(D) The ability of the eligible entity to ensure 
                that any cleanup funded under this Act will comply with 
                all laws that apply to the cleanup.
                    ``(E) The need of the eligible entity for financial 
                assistance to clean up brownfield sites that are the 
                subject of the application, taking into consideration 
                the financial resources available to the eligible 
                entity.
                    ``(F) The ability of the eligible entity to ensure 
                that the applicants repay the loans in a timely manner.
                    ``(G) The plans of the eligible entity for using 
                the grant to stimulate economic development or creation 
                of recreational areas on completion of the cleanup.
                    ``(H) The plans of the eligible entity for using 
                the grant to stimulate the availability of other funds 
                for environmental remediation and subsequent 
                redevelopment of the area in which the brownfield 
                facilities are located.
                    ``(I) The plans of the eligible entity for using 
                the grant to facilitate a reduction of health and 
                environmental risks.
                    ``(J) The plans of the eligible entity for using 
                the grant for remediation and subsequent development 
                that involve the active participation and support of 
                the local community.
            ``(5) Maximum grant amount.--A grant made to an eligible 
        entity under this subsection may not exceed $1,000,000.
    ``(d) General Provisions.--
            ``(1) Prohibition.--No part of a grant under this section 
        may be used for the payment of penalties, fines, or 
        administrative costs.
            ``(2) Audits.--The President shall audit an appropriate 
        number of grants made under subsections (b) and (c) to ensure 
        that funds are used for the purposes described in this section.
            ``(3) Agreements.--
                    ``(A) Terms and conditions.--Each grant made under 
                this section shall be subject to an agreement that--
                            ``(i) requires the eligible entity to 
                        comply with all applicable Federal and State 
                        laws;
                            ``(ii) requires the eligible entity to use 
                        the grant exclusively for the purposes 
                        specified in subsection (b)(2) or (c)(2);
                            ``(iii) in the case of an application by a 
                        State under subsection (c)(2), requires payment 
                        by the State of a matching share, of at least 
                        50 percent of the amount of the grant, from 
                        other sources of funding;
                            ``(iv) requires that grants under this 
                        section will not supplant State or local funds 
                        normally provided for the purposes specified in 
                        subsection (b)(2) or (c)(2); and
                            ``(v) contains such other terms and 
                        conditions as the President determines to be 
                        necessary to ensure proper administration of 
                        the grants.
                    ``(B) Limitation.--The President shall not place 
                terms or conditions on grants made under this section 
                other than the terms and conditions specified in 
                subparagraph (A).
            ``(4) Leveraging.--An eligible entity that receives a grant 
        under this section may use the funds for part of a project at a 
        brownfield facility for which funding is received from other 
        sources, including other Federal sources, but the grant shall 
        be used only for the purposes described in subsection (b)(2) or 
        (c)(2).
    ``(e) Approval.--
            ``(1) Initial grant.--Before the expiration of the fourth 
        quarter of the first fiscal year following the date of the 
        enactment of this section, the President shall make grants 
        under this section to eligible entities and States that submit 
        applications, before the expiration of the second quarter of 
        such year, that the President determines have the highest 
        rankings under the ranking criteria established under 
        subsection (b)(4) or (c)(4).
            ``(2) Subsequent grants.--Beginning with the second fiscal 
        year following the date of enactment of this section, the 
        President shall make an annual evaluation of each application 
        received during the prior fiscal year and make grants under 
        this section to eligible entities and States that submit 
        applications during the prior year that the President 
        determines have the highest rankings under the ranking criteria 
        established under subsection (b)(4) or (c)(4).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary. 
Such funds shall remain available until expended.''.

SEC. 103. ASSISTANCE FOR VOLUNTARY CLEANUP PROGRAMS.

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

``SEC. 128. STATE VOLUNTARY CLEANUP PROGRAMS.

    ``(a) Assistance to States.--The Administrator may provide 
technical and other assistance to States to establish and expand State 
voluntary cleanup programs.
    ``(b) Eligible Purposes.--The purposes for which assistance may be 
provided under subsection (a) include the following:
            ``(1) Providing technical assistance for response actions.
            ``(2) Providing adequate opportunities for public 
        participation, including prior notice and opportunity for 
        comment in appropriate circumstances, in selecting response 
        actions.
            ``(3) Developing streamlined procedures to ensure 
        expeditious response actions.
            ``(4) Providing oversight and enforcement of response 
        actions.
    ``(c) Prohibition on Conditions.--A State may request assistance 
under this section for 1 or more eligible purposes. The President may 
require that such assistance be used to carry out the eligible purposes 
for which the assistance is provided, but may not require as a 
condition of such assistance that the State take actions unrelated to 
such purposes.''.
    (b) Funding.--Section 111 (42 U.S.C. 9611) is amended by adding at 
the end the following:
    ``(q) State Voluntary Cleanup Program.--For each of fiscal years 
2000 through 2004, not more than $25,000,000 of the amounts available 
in the Fund may be used for assistance to States under section 130 
during the first 5 full fiscal years following the date of enactment of 
this subsection. The amount of such assistance shall be distributed 
among each of the States that notifies the Administrator of the State's 
intent to establish a State voluntary cleanup program and each of the 
States with a State voluntary cleanup program. Subject to 
appropriations from the Fund, the Administrator shall make for each 
fiscal year to each State voluntary cleanup program a grant in the 
amount of at least $250,000.''.

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

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

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

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

SEC. 105. ADDITIONS TO NATIONAL PRIORITIES LIST.

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

           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

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

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

SEC. 202. ADDITIONAL PUBLIC INVOLVEMENT REQUIREMENTS.

    Section 117 (42 U.S.C. 9617) is amended by inserting after 
subsection (a), as amended by section 201 of this Act, the following:
    ``(b) Additional Public Involvement Requirements.--
            ``(1) Availability of records.--The President shall make 
        records relating to a response action at a covered facility 
        available to the public throughout all phases of the response 
        action. Such information shall be made available to the public 
        for inspection and copying without the need to file a formal 
        request, subject to reasonable service charges as appropriate. 
        This paragraph shall not apply to a record that is exempt from 
        disclosure under section 552 of title 5, United States Code.
            ``(2) Requirements for public information.--
                    ``(A) Presentation.--The President, in carrying out 
                responsibilities under this Act, shall ensure that the 
                presentation of information on risk is unbiased and 
                informative and clearly discloses any uncertainties and 
                data gaps. To the extent feasible, documents made 
                available to the general public which purport to 
                describe the degree of risk to human health shall 
                state, at a minimum--
                            ``(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 
                        lowerbound estimates; and
                            ``(iv) the reasonable range or other 
                        description of uncertainties in the assessment 
                        process.
                    ``(B) Comparisons of risk.--To the extent 
                practicable and appropriate, the Administrator shall 
                provide comparisons of the level of risk from hazardous 
                substances found at facilities to the levels of risk 
                from hazardous substances ordinarily encountered by the 
                general public through other routes of exposure.''.

SEC. 203. TECHNICAL ASSISTANCE GRANTS.

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

SEC. 204. UNDERSTANDABLE PRESENTATION OF MATERIALS.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following:
    ``(e) Understandable Presentation of Materials.--The President 
shall ensure that information prepared for distribution to the public 
under this section shall be provided or summarized in a manner that may 
be 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.''.

SEC. 205. PUBLIC PARTICIPATION IN REMOVAL ACTIONS.

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

SEC. 206. COMMUNITY STUDY.

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

SEC. 207. DEFINITIONS.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following:
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) Covered facility.--The term `covered facility' means 
        a facility that has been listed or proposed for listing on the 
        National Priorities List.
            ``(2) Affected community.--The term `affected community' 
        means any group of 2 or more individuals (including 
        representatives of Indian tribes) which may be affected by a 
        release or threatened release of a hazardous substance, 
        pollutant, or contaminant at a covered facility.''.

                        Subtitle B--Human Health

SEC. 221. PUBLIC HEALTH AUTHORITIES.

    (a) Disease Registry and Medical Care Providers.--Section 104(i)(1) 
(42 U.S.C. 9604(i)(1)) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
            ``(A) in cooperation with the States, for scientific 
        purposes and public health purposes, establish and maintain a 
        national registry of persons exposed to toxic substances;''; 
        and
            (2) 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 licensed or accredited health care providers''.
    (b) Substance Profiles.--Paragraph (3) of section 104(i) (42 U.S.C. 
9604(i)(3)) is amended--
            (1) by inserting ``(A)'' after ``(3)'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively; and
            (3) by striking ``Any toxicological profile or revision 
        thereof'' and all that follows through the period at the end of 
        such paragraph and inserting the following:
    ``(B) Any toxicological profile or revision thereof shall reflect 
the Administrator of ATSDR's assessment of all relevant toxicological 
testing which has been peer reviewed. The profiles prepared under this 
paragraph shall be for those substances highest on the list of 
priorities under paragraph (2) for which profiles have not previously 
been prepared or for substances not on the listing but which have been 
found at facilities for which there has been a response action under 
this Act and which have been determined by ATSDR to be of health 
concern. Profiles required under this paragraph shall be revised and 
republished, as appropriate, based on scientific development. Such 
profiles shall be provided to the States, including State health 
departments, tribal health officials, and local health departments, and 
made available to other interested parties.''.
    (c) Determining Health Effects.--Section 104(i)(5)(A) (42 U.S.C. 
9604(i)(5)(A)) is amended--
            (1) by striking ``designed to determine the health effects 
        (and techniques for development of methods to determine such 
        health effects) of such substance.'' and inserting ``conducted 
        directly or by means such as cooperative agreements and grants 
        with appropriate public and nonprofit institutions. The 
        research shall be designed to determine the health effects of 
        the substance and techniques for development of methods to 
        determine such health effects.'';
            (2) by redesignating clause (iv) as clause (v);
            (3) by striking ``and'' at the end of clause (iii); and
            (4) by inserting after clause (iii) the following:
            ``(iv) laboratory and other studies which can lead to the 
        development of innovative techniques for predicting organ-
        specific, site-specific, and system-specific acute and chronic 
        toxicity; and''.
    (d) Public Health at NPL Facilities.--
            (1) Preliminary public health assessments.--Section 
        104(i)(6) (42 U.S.C. 9604(i)(6)) is amended by striking 
        ``(6)(A)'' and all that follows through the period at the end 
        of subparagraph (A) and inserting the following:
    ``(6)(A)(i) The Administrator of ATSDR shall perform a preliminary 
public health assessment for each facility, including those facilities 
owned by any department, agency, or instrumentality of the United 
States, on the National Priorities List and those sites that are the 
subject of a petition under subparagraph (B). The preliminary public 
health assessment shall be commenced as soon as practicable after each 
facility is proposed for inclusion on the National Priorities List or 
ATSDR accepts a petition for a health assessment. Where ATSDR, in 
consultation with local public health officials, determines it is 
indicated by the preliminary public health assessment, ATSDR shall 
conduct a public health assessment of those sites posing a health 
hazard, which should be considered in selecting the remedial action.
    ``(ii) The Administrator of ATSDR shall design public health 
assessments that take into account the needs and conditions of the 
affected community, in cooperation with States.
    ``(iii) The Administrator of the Environmental Protection Agency 
shall place highest priority on facilities with releases of hazardous 
substances which result in actual ongoing human exposures at levels of 
public health concern or adverse health effects as identified in a 
public health assessment conducted by the ATSDR or are reasonably 
anticipated based on currently known facts.''.
            (2) Strategies for obtaining data; community involvement.--
        Section 104(i)(6)(D) (42 U.S.C. 9604(i)(6)(D)) is amended--
                    (A) by inserting ``(i)'' after ``(D)''; and
                    (B) by adding at the end the following:
``The President and the Administrator of ATSDR shall develop strategies 
to obtain relevant on-site and off-site characterization data for use 
in the health assessment. The President shall, to the maximum extent 
practicable, provide the Administrator of ATSDR with the data and 
information necessary to make public health assessments sufficiently 
prior to the choice of remedial actions to allow ATSDR to complete 
these assessments. Where deemed appropriate, the Administrator of ATSDR 
shall provide to the President as soon as practicable after site 
discovery, recommendations for sampling environmental media for 
hazardous substances of public health concern. To the extent feasible, 
the President shall incorporate such recommendations into the 
President's 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 collect from 
        Community Assistance Groups, from State and local public health 
        authorities, and from other sources in communities affected or 
        potentially affected by releases of hazardous substances data 
        regarding exposure, relevant human activities, and other 
        factors.
            ``(II) The Administrator of ATSDR shall design health 
        assessments that take into account the needs and conditions of 
        the affected community. Community-based research models, 
        building links to local expertise, and local health resources 
        should be used. In preparing such designs, emphasis shall be 
        placed on collection of actual exposure data, and sources of 
        multiple exposure shall be considered.''.
            (3) Results of public health assessments.--Section 
        104(i)(6)(H) (42 U.S.C. 9604(i)(6)(H)) is amended by striking 
        ``health assessment'' each place it appears and inserting 
        ``public health assessment''.
    (e) Health Studies.--Section 104(i)(7) (42 U.S.C. 9604(i)(7)) is 
amended by striking ``(7)(A)'' and all that follows through the period 
at the end of subparagraph (A) and inserting the following:
    ``(7)(A) Whenever in the judgment of the Administrator of ATSDR it 
is appropriate on the basis of the results of a public health 
assessment or on the basis of other appropriate information, the 
Administrator of ATSDR shall conduct a human health study of exposure 
or other health effects for selected groups or individuals in order to 
determine the desirability of conducting full scale epidemiologic or 
other health studies of the entire exposed population.''.
    (f) Distribution of Materials to Health Professionals and Medical 
Centers.--Section 104(i)(14) (42 U.S.C. 9604(i)(14)) is amended to read 
as follows:
    ``(14) 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 
        State and local health officials, tribes, medical colleges, 
        physicians, nursing institutions, nurses, and other health 
        professionals and medical centers, appropriate educational 
        materials (including short courses) on the medical 
        surveillance, screening, and methods of prevention, diagnosis, 
        and treatment of injury or disease related to exposure to 
        hazardous substances (giving priority to those listed 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.''.
    (g) Grants, Contracts, and Community Assistance Activities.--
Section 104(i)(15) (42 U.S.C. 6904(i)(15)) is amended--
            (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''; and
            (4) by adding at the end the following:
    ``(B) When a public health assessment is conducted at a facility on 
the National Priorities List, or a facility is being evaluated for 
inclusion on the National Priorities List, the Administrator of ATSDR 
may provide the assistance specified in this paragraph to public or 
private nonprofit entities, individuals, and community-based groups 
that may be affected by the release or threatened release of hazardous 
substances in the environment.
    ``(C) The Administrator of ATSDR, pursuant to the grants, 
cooperative agreements, and contracts referred to in this paragraph, is 
authorized and directed to provide, where appropriate, diagnostic 
services, health data registries and preventative public health 
education to communities affected by the release of hazardous 
substances.''.
    (h) Peer Review Committee.--Section 104(i) (42 U.S.C. 6904(i)) is 
amended by adding at the end the following:
    ``(19) The Administrator of ATSDR shall establish an external peer 
review committee of qualified health scientists who serve for fixed 
periods and meet periodically to--
            ``(A) provide guidance on initiation of studies;
            ``(B) assess the quality of study reports funded by the 
        agency; and
            ``(C) provide guidance on effective and objective risk 
        characterization and communication.
The peer review committee may include additional specific experts 
representing a balanced group of stakeholders on an ad hoc basis for 
specific issues. Meetings of the committee should be open to the 
public.''.

SEC. 222. INDIAN HEALTH PROVISIONS.

    Section 104(i) (42 U.S.C. 9406(i)) is amended--
            (1) in paragraph (1) by inserting ``the Indian Health 
        Service,'' after ``the Secretary of Transportation,'';
            (2) in paragraph (5)(A) by inserting ``and the Indian 
        Health Service'' after ``Public Health Service'';
            (3) in paragraph (6)(C) by inserting ``where low population 
        density is not used as an excluding risk factor'' after 
        ``health appears highest'';
            (4) by adding at the end of paragraph (6)(E) the following: 
        ``If the Administrator of ATSDR or the Administrator of EPA 
        does not act on the recommendations of the State, the 
        Administrators must respond in writing to the State or tribe as 
        to why they have not acted on the recommendations.'';
            (5) in paragraph (6)(F)--
                    (A) by striking ``and'' after ``emissions,''; and
                    (B) by inserting ``, and any other pathways 
                resulting from subsistence activities'' after ``food 
                chain contamination''; and
            (6) by striking the period at the end of paragraph (6)(G) 
        and inserting the following: ``, and may give special 
        consideration, where appropriate, to any practices of the 
        affected community that may result in increased exposure to 
        hazardous substances, pollutants, or contaminants, such as 
        subsistence hunting, fishing, and gathering.''.

SEC. 223. HAZARD RANKING SYSTEM.

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

SEC. 224. FACILITY SCORING.

    Section 105 (42 U.S.C. 9605) is amended by adding at the end the 
following:
    ``(h) Facility Scoring.--The Administrator shall evaluate areas, 
such as Indian reservations or poor rural communities that warrant 
special attention and identify up to 5 facilities in each region of the 
Environmental Protection Agency that are likely to warrant inclusion on 
the National Priorities List. These facilities shall be accorded a 
priority in evaluation for National Priorities List listing and 
scoring, and shall be evaluated for listing within 2 years after the 
date of enactment of this subsection.''.

                      TITLE III--LIABILITY REFORM

SEC. 301. AMENDMENTS TO SECTION 106.

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

SEC. 302. AMENDMENTS TO SECTION 107(A).

    (a) In General.--Section 107 (42 U.S.C. 9607) is amended by 
striking the section heading, the section designation, and subsection 
(a) and inserting the following:

``SEC. 107. LIABILITY.

    ``(a) General Rule.--
            ``(1) Persons liable.--Notwithstanding any other provision 
        or rule of law and subject only to the defenses set forth in 
        subsection (b) of this section and the exemptions set forth in 
        subsections (n) and (o), in the case of a facility or vessel 
        from which there is a release, or a threatened release, of a 
        hazardous substance that causes the incurrence of response 
        costs the following persons shall be liable for the costs and 
        damages described in paragraph (2):
                    ``(A) the owner or operator of the vessel or the 
                facility;
                    ``(B) any person who at the time of disposal of any 
                hazardous substance owned or operated any facility at 
                which such hazardous substances were disposed of;
                    ``(C) any person who by contract, agreement, or 
                otherwise arranged for disposal or treatment, or 
                arranged with a transporter for transport for disposal 
                or treatment, of hazardous substances owned or 
                possessed by such person, by any other party or entity, 
                at any facility or incineration vessel owned or 
                operated by another party or entity and containing such 
                hazardous substances; and
                    ``(D) any person who accepts or accepted any 
                hazardous substances for transport to disposal or 
                treatment facilities, incineration vessels or sites 
                selected by such person.
            ``(2) Costs and damages.--The liability of a person under 
        paragraph (1) shall be for--
                    ``(A) any costs of response incurred by the United 
                States Government or a State or an Indian tribe not 
                unnecessary and not inconsistent with the national 
                contingency plan;
                    ``(B) any necessary costs of response incurred by 
                any person (other than the United States, a State, or 
                an Indian tribe) consistent with the national 
                contingency plan;
                    ``(C) damages for injury to, destruction of, or 
                loss of natural resources, including the reasonable 
                costs of assessing such injury, destruction, or loss 
                resulting from the release; and
                    ``(D) the costs of any health assessment or health 
                effects study carried out under section 104(i).
            ``(3) Interest.--The amounts recoverable in an action under 
        this section shall include interest on the amounts recoverable 
        under paragraph (2). Such interest shall accrue from the later 
        of (A) the date payment of a specified amount is demanded in 
        writing, or (B) the date of the expenditure concerned. The rate 
        of interest on the outstanding unpaid balance of the amounts 
        recoverable under this section shall be the same rate as is 
        specified for interest on investments of the Hazardous 
        Substance Superfund established under subchapter A of chapter 
        98 of the Internal Revenue Code of 1986. For purposes of 
        applying such amendments to interest under this subsection, the 
        term `comparable maturity' shall be determined with reference 
        to the date on which interest accruing under this subsection 
        commences.''.
    (b) Conforming Amendments.--The Act is further amended--
            (1) in section 101(20) (42 U.S.C. 9601) by striking 
        ``section 107(a)(3) or (4)'' each place it appears and 
        inserting ``section 107(a)(1)(C) or 107(a)(2)(D)'';
            (2) in section 107 (42 U.S.C. 9607)--
                    (A) in subsection (d)(3) by striking ``the 
                provisions of paragraph (1), (2), (3), or (4) of 
                subsection (a) of this section'' and inserting 
                ``subsection (a)'';
                    (B) in subsection (f)(1) by striking ``subparagraph 
                (C) of subsection (a)'' each place it appears and 
                inserting ``subsection (a)(2)(C)'';
                    (C) in subsection (l)(1) by striking ``paragraph 
                (1)'' and inserting ``paragraph (1)(A)''; and
                    (D) in subsection (m) by striking ``subsection 
                (a)(1)'' and inserting ``subsection (a)(1)(A)'';
            (3) in section 108(a)(1) (42 U.S.C. 9608(a)(1)) by striking 
        ``paragraph (1)'' and inserting ``paragraph (1)(A)'';
            (4) in section 114(c)(1) (42 U.S.C. 9614(c)(1))--
                    (A) by striking ``(a)(3) or (a)(4)'' and inserting 
                ``(a)(1)(C) or (a)(1)(D)''; and
                    (B) by striking ``(a)(1) or (a)(2)'' and inserting 
                ``(a)(1)(A) or (a)(1)(B)'';
            (5) in section 119(d) (42 U.S.C. 9619(d)) by striking 
        ``(1), (2), (3) or (4)'' and inserting ``(1)(A), (1)(B), 
        (1)(C), or (1)(D)'';
            (6) in section 122(j)(2) (42 U.S.C. 9622(j)(2)) by striking 
        ``107(a)(4)(C)'' and inserting ``107(a)(2)(C)''; and
            (7) in section 124(b)(2) (42 U.S.C. 9624(b)(2)) by striking 
        ``(1), (2), (3), or (4)'' and inserting ``(1)(A), (1)(B), 
        (1)(C), or (1)(D)''.

SEC. 303. INNOCENT PARTIES.

    (a) Liability Relief for Innocent Parties.--Section 107(b) (42 
U.S.C. 9607(b)) is amended to read as follows:
    ``(b) Defenses to Liability.--
            ``(1) In general.--There shall be no liability under 
        subsection (a) for a person otherwise liable who can establish 
        by a preponderance of the evidence that the release or threat 
        of release of a hazardous substance and the damages resulting 
        therefrom were caused solely by--
                    ``(A) an act of God;
                    ``(B) an act of war;
                    ``(C) an act or omission of a third party other 
                than an employee or agent of the defendant, or other 
                than one whose act or omission occurs in connection 
                with a contractual relationship, existing directly or 
                indirectly, with the defendant (except where the sole 
                contractual arrangement arises exclusively from a 
                contract for carriage by a common carrier by rail), if 
                the defendant establishes by a preponderance of the 
                evidence that (i) the defendant exercised due care with 
                respect to the hazardous substance concerned, taking 
                into consideration the characteristics of such 
                hazardous substance, in light of all relevant facts, 
                circumstances, and generally accepted good commercial 
                and customary standards and practices at the time of 
                the defendant's acts or omissions, and (ii) the 
                defendant took precautions against foreseeable acts or 
                omissions of any such third party and the consequences 
                that could foreseeably result from such acts or 
                omissions; or
                    ``(D) any combination of acts or omissions 
                described in subparagraphs (A), (B), and (C).
            ``(2) Liability relief for innocent parties.--
                    ``(A) Innocent owners or operators.--There shall be 
                no liability under subsection (a) for a person whose 
                liability is based solely on the person's status as an 
                owner or operator of the facility or vessel and who can 
                establish by a preponderance of the evidence that--
                            ``(i) the person acquired the facility or 
                        vessel after the disposal or placement of the 
                        hazardous substances for which liability is 
                        alleged under subsection (a);
                            ``(ii) the person did not, by any act or 
                        omission, cause or contribute to the release or 
                        threatened release of such hazardous 
                        substances;
                            ``(iii) the person exercised appropriate 
                        care with respect to such hazardous substances 
                        taking into consideration the characteristics 
                        of such hazardous substances, in light of all 
                        relevant facts, circumstances, and generally 
                        accepted good commercial and customary 
                        standards and practices at the time of the 
                        defendant's acts or omissions; and
                            ``(iv) in any case in which the person 
                        acquired ownership of the facility or vessel 
                        after December 11, 1980, the person, prior to 
                        such acquisition, made all appropriate inquiry 
                        into the previous ownership and uses of the 
                        facility or vessel and any real property in 
                        accordance with the generally accepted 
                        commercial and customary standards and 
                        practices of the time of acquisition.
                    ``(B) Innocent recipients of property by 
                inheritance or bequest.--There shall be no liability 
                under subsection (a) for a person whose liability is 
                based solely on the person's status as an owner or 
                operator of the facility or vessel and who can 
                establish by a preponderance of the evidence that the 
                person meets the requirements of clauses (i), (ii), and 
                (iii) of subparagraph (A) and that the person acquired 
                the property by inheritance or bequest.
                    ``(C) Innocent recipients of property by charitable 
                donation.--Liability under subsection (a) shall be 
                limited to the lesser of the fair market value of the 
                facility or vessel and the actual proceeds of the sale 
                of the facility for a person whose liability is based 
                solely on the person's status as an owner or operator 
                of the facility or vessel and who can establish by a 
                preponderance of the evidence that the person meets the 
                requirements of clauses (i), (ii), and (iii) of 
                subparagraph (A) and the person holding title, either 
                outright or in trust, to the vessel or facility is an 
                organization described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from tax under 
                section 501(a) of such Code and holds such title as a 
                result of a charitable donation that qualifies under 
                section 170, 2055, or 2522 of such Code.
                    ``(D) Innocent governmental entities.--There shall 
                be no liability under subsection (a) for a person who 
                is a governmental entity and whose liability is based 
                solely on--
                            ``(i) the person's status as an owner or 
                        operator of the facility or vessel if the 
                        person meets the requirements of clauses (i), 
                        (ii), and (iii) of subparagraph (A) and 
                        acquired the facility by escheat or through any 
                        other involuntary transfer or by acquisition 
                        through the exercise of eminent domain 
                        authority; or
                            ``(ii) the granting of a license or permit 
                        to conduct business.
                    ``(E) Innocent owners or operators of rights-of-
                way.--There shall be no liability under subsection (a) 
                for a person whose liability is based solely on 
                ownership or operation of a road, street, or other 
                right-of-way or public transportation route (other than 
                railroad rights-of-way and railroad property) over 
                which hazardous substances are transported if such 
                person can establish by a preponderance of the evidence 
                that the person did not, by any act or omission, cause 
                or contribute to the release or threatened release.
                    ``(F) Innocent railroad owners or operators of spur 
                track.--There shall be no liability under subsection 
                (a) for a person whose liability is based solely on the 
                status of the person as a railroad owner or operator of 
                a spur track, including a spur track over land subject 
                to an easement, to a facility that is owned or operated 
                by a person that is not affiliated with the railroad 
                owner or operator if such person can establish by a 
                preponderance of the evidence that--
                            ``(i) the spur track provides access to a 
                        main line or branch line track that is owned or 
                        operated by the railroad;
                            ``(ii) the spur track is 10 miles long or 
                        less; and
                            ``(iii) the railroad owner or operator did 
                        not cause or contribute to a release or 
                        threatened release of the hazardous substances 
                        for which liability is alleged under subsection 
                        (a).
                    ``(G) Innocent construction contractors.--There 
                shall be no liability under subsection (a) for a person 
                who is a construction contractor (other than a response 
                action contractor covered by section 119) if such 
                person can establish by a preponderance of the evidence 
                that--
                            ``(i) the person's liability is based 
                        solely on construction activities that were 
                        specifically directed by and carried out in 
                        accordance with a contract with an owner or 
                        operator of the facility;
                            ``(ii) the person did not know or have 
                        reason to know of the presence of hazardous 
                        substances at the facility concerned before 
                        beginning construction activities; and
                            ``(iii) the person exercised appropriate 
                        care with respect to the hazardous substances 
                        discovered in the course of performing the 
                        construction activity, including precautions 
                        against foreseeable acts of third parties, 
                        taking into consideration the characteristics 
                        of such hazardous substance, in light of all 
                        relevant facts, circumstances, and generally 
                        accepted good commercial and customary 
                        standards and practices at the time of the 
                        defendant's acts or omissions.
            ``(3) Appropriate care.--
                    ``(A) Site-specific basis.--The determination 
                whether or not a person has exercised appropriate care 
                with respect to hazardous substances within the meaning 
                of paragraph (2)(A)(iii) shall be made on a site-
                specific basis taking into consideration the 
                characteristics of the hazardous substances, in light 
                of all relevant facts, circumstances, and generally 
                accepted good commercial and customary standards and 
                practices at the time of the defendant's acts or 
                omissions.
                    ``(B) Safe harbor.--A person shall be deemed to 
                have exercised appropriate care within the meaning of 
                paragraph (2)(A)(iii) if--
                            ``(i) the person took reasonable steps to 
                        stop any continuing release, prevent any 
                        threatened future release, and prevent or limit 
                        human or natural resource exposure to any 
                        previously released hazardous substance, or
                            ``(ii) where the release or threatened 
                        release of hazardous substances is the subject 
                        of a response action by persons authorized to 
                        conduct the response action at the facility or 
                        vessel, the person provides access for and 
                        reasonable cooperation with the response 
                        action.
            ``(4) All appropriate inquiry.--
                    ``(A) Site-specific basis.--The determination 
                whether or not a person has made all appropriate 
                inquiry into the previous ownership and uses of a 
                facility or vessel within the meaning of paragraph 
                (2)(A)(iv) shall be made on a site-specific basis.
                    ``(B) ASTM safe harbor.--A person who has acquired 
                real property shall be deemed to have made all 
                appropriate inquiry within the meaning of paragraph 
                (2)(A)(iv) if the person--
                            ``(i) establishes that an environmental 
                        assessment has been conducted in accordance 
                        with the standards set forth in the American 
                        Society for Testing and Materials Standards 
                        E1527-94, entitled `Standard Practice for 
                        Environmental Site Assessments: Phase I 
                        Environmental Site Assessment Process' or with 
                        alternative standards issued by rule by the 
                        Administrator or promulgated or developed by 
                        others and designated by rule by the 
                        Administrator; and
                            ``(ii) maintains a compilation of the 
                        information reviewed and gathered in the course 
                        of the environmental site assessment.
                    ``(C) Governmental review safe harbor.--A person 
                who has acquired real property shall be deemed to have 
                made all appropriate inquiry within the meaning of 
                paragraph (2)(A)(iv) if, prior to such acquisition, the 
                person reviewed a determination by a State or Federal 
                environmental or health agency with jurisdiction over 
                response actions at the facility that no further 
                response action was planned at the facility or if such 
                facility has been placed in the Comprehensive 
                Environmental Response, Compensation, and Liability 
                Information System Archive.
            ``(5) Limitations.--No defense shall be available under 
        this subsection to--
                    ``(A) a person who obtained actual knowledge of a 
                release or threat of release of a hazardous substance 
                at a facility when such person owned the real property 
                and subsequently transferred ownership of the property 
                to another person without disclosing such knowledge;
                    ``(B) a person who knowingly and willfully impedes 
                the performance of a response action or natural 
                resource restoration at the facility;
                    ``(C) a person who did not provide all legally 
                required notices with respect to the discovery or 
                release of any hazardous substances at the facility; 
                and
                    ``(D) a person (other than a person described in 
                paragraph (2)(B)) who is 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 
                or by a contract for the sale of goods or services.
            ``(6) Windfall liens.--
                    ``(A) In general.--In any case in which there are 
                unrecovered response costs incurred by the United 
                States at a facility for which an owner of the facility 
                is not liable by reason of paragraph (2), and the 
                conditions described in subparagraph (C) are met, the 
                United States shall have a lien upon such facility for 
                such unrecovered costs.
                    ``(B) Special rules.--A lien under this paragraph--
                            ``(i) shall not exceed the increase in fair 
                        market value of the property attributable to 
                        the response action at the time of a subsequent 
sale or other disposition of the property;
                            ``(ii) shall arise at the time costs are 
                        first incurred by the United States with 
                        respect to a response action at the facility;
                            ``(iii) shall be subject to the 
                        requirements for notice and validity 
                        established in paragraph (3) of subsection (l);
                            ``(iv) shall continue until the earlier of 
                        satisfaction of the lien or recovery of all 
                        response costs incurred at the facility; and
                            ``(v) shall not arise against a recipient 
                        of a grant under section 127(b) or 127(c) with 
                        respect to such grants.
                    ``(C) Conditions.--The conditions referred to in 
                subparagraph (A) are the following:
                            ``(i) A response action for which there are 
                        unrecovered costs is carried out at the 
                        facility.
                            ``(ii) The United States has made 
                        reasonable efforts to recover such unrecovered 
                        response costs from parties liable under this 
                        section.
                            ``(iii) Such response action increases the 
                        fair market value of the facility above the 
                        fair market value of the facility that existed 
                        in the 6-month period preceding the date that 
                        response action began.
                    ``(D) Limitations.--No lien under this paragraph 
                shall arise (i) with respect to property for which the 
                property owner preceding the current owner is not a 
                liable party or has resolved its liability under this 
                Act, or (ii) in any case in which an environmental 
                assessment gave the owner or operator no reason to know 
                of the release of hazardous substances.''.
    (b) Rendering Care or Advice.--
            (1) State, tribal, and local governments.--Section 
        107(d)(2) (42 U.S.C. 9607(d)(2)) is amended to read as follows:
            ``(2) State, tribal, and local governments.--
                    ``(A) In general.--No State, tribal, or local 
                government, including a municipality or other political 
                subdivision of a State, shall be liable under this 
                title for costs or damages as a result of--
                            ``(i) actions taken in response to an 
                        emergency created by the release or threatened 
                        release of a hazardous substance generated by 
                        or from a facility owned by another person; or
                            ``(ii) actions to improve water quality 
                        protection at an abandoned mine site and 
                        adjacent lands that are owned by a person other 
                        than the State, tribal, or local government, if 
                        such actions are taken in accordance with a 
                        response action approved under applicable State 
                        or Federal law.
                    ``(B) Limitation on statutory construction.--This 
                paragraph shall not be construed to preclude liability 
                for costs or damages as a result of gross negligence or 
                intentional misconduct by a governmental entity 
                referred to in subparagraph (A). For the purpose of the 
                preceding sentence, reckless, willful, or wanton 
                misconduct shall constitute gross negligence.''.
            (2) Savings provision.--Section 107(d)(3) (42 U.S.C. 
        9607(d)(3)) is amended by striking ``This'' and inserting 
        ``Except with respect to costs and damages referred to in 
        paragraphs (1) and (2)(A), this''.
    (c) Clarification of Liability for Contiguous Property Owners.--
Section 101(20) (42 U.S.C. 9601(20)) is amended by adding at the end 
the following:
            ``(E) The term `owner or operator' does not include a 
        person who owns or operates real property that is contiguous 
        to, or onto which a release has migrated from, a facility that 
        is under separate ownership or operation and from which there 
        is a release or threatened release of a hazardous substance 
        if--
                    ``(i) the person did not, by any act or omission, 
                cause or contribute to the release or threatened 
                release of a hazardous substance; and
                    ``(ii) the person is not affiliated with any other 
                person that is potentially liable for any response 
                costs at the facility at which there has been a release 
                or threatened release of a hazardous substance.''.
    (d) Conforming Amendments.--Title I is further amended--
            (1) in section 101 (42 U.S.C. 9601) by striking paragraph 
        (35); and
            (2) in section 119(b)(1) (42 U.S.C. 9619(b)(1)) by striking 
        ``107(b)(3)'' and inserting ``107(b)(1)(C)''.

SEC. 304. STATUTORY CONSTRUCTION.

    Section 107(f) (42 U.S.C. 9607(f)) is amended by adding at the end 
the following:
            ``(3) Unitary executive.--In any judicial action brought 
        under this Act by the United States seeking recovery for 
        damages to natural resources, any brief or motion filed by the 
        United States in any other judicial action seeking recovery 
        from the United States for damages to natural resources under 
        this Act, shall be, for purposes of the action brought by the 
        United States, admissible and deemed the position of the United 
        States with respect to the interpretation and construction of 
        this subsection.''.

SEC. 305. LIVESTOCK TREATMENT.

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

SEC. 306. LIABILITY RELIEF FOR SMALL BUSINESSES, MUNICIPAL SOLID WASTE, 
              SEWAGE SLUDGE, AND MUNICIPAL OWNERS AND OPERATORS.

    (a) Limitation on Liability for Small Businesses.--Section 107 (42 
U.S.C. 9607) is amended by adding at the end the following new 
subsection:
    ``(o) Limitation on Liability for Small Businesses.--
            ``(1) In general.--With respect to actions taken before 
        March 25, 1999, no small business concern shall be liable under 
        subsection (a)(1)(C) or (a)(1)(D) for response costs or damages 
        at a facility or vessel on the National Priorities List.
            ``(2) Limitation.--Paragraph (1) shall not preclude 
        liability for costs or damages as a result of gross negligence 
        or intentional misconduct by the small business concern. For 
        the purpose of the preceding sentence, reckless, willful, or 
        wanton misconduct shall constitute gross negligence.
            ``(3) Small business concern defined.--In this subsection, 
        the term `small business concern' means a business entity 
        that--
                    ``(A) on average over the previous 3 years, has no 
                more than 75 full-time employees or the equivalent 
                thereof; and
                    ``(B) in its taxable year preceding the date of 
                notification by the President that the business entity 
                is a potentially responsible party, has $3,000,000 or 
                less in gross revenues.''.
    (b) Liability Relief for Municipal Solid Waste and Sewage Sludge.--
            (1) Section 107 is further amended by adding at the end the 
        following new subsections:
    ``(p) Liability Exemption for Municipal Solid Waste and Sewage 
Sludge.--
            ``(1) In general.--Except as provided under paragraph (2), 
        no person shall be liable under subsection (a)(1)(C) or 
        (a)(1)(D) for response costs or damages at a facility or vessel 
        on the National Priorities List to the extent that the 
        materials that the person arranged or transported for disposal 
        at the facility or vessel consist of municipal solid waste or 
        municipal sewage sludge.
            ``(2) Post-enactment activities.--With respect to actions 
        taken on or after the date that is 36 months after the date of 
        the enactment of this paragraph, no municipality shall be 
        liable under subsection (a)(1)(C) or (a)(1)(D) for response 
        costs or damages at a facility or vessel on the National 
        Priorities List to the extent that the materials that the 
        municipality arranged or transported for disposal at the 
        facility or vessel consist of municipal solid waste or 
        municipal sewage sludge and the municipality institutes or 
        participates in a qualified household hazardous waste 
        collection program.
            ``(3) Definitions.--In this section, the following 
        definitions apply:
                    ``(A) Municipal solid waste.--The term `municipal 
                solid waste' means all waste materials generated by 
                households, including single and multifamily 
                residences, and hotels and motels, and waste materials 
                generated by commercial, institutional, and industrial 
                sources, to the extent that such materials (i) are 
                substantially similar to waste materials normally 
                generated by households, notwithstanding differences in 
                volume, or (ii) waste that is collected and disposed of 
                with other municipal solid waste and, regardless of 
                when generated, would be considered conditionally 
                exempt small quantity generator waste under regulations 
                issued pursuant to section 3001(d) of the Solid Waste 
                Disposal Act (42 U.S.C. 6921(d)). The term includes 
                food and yard waste, paper, clothing, appliances, 
                consumer product packaging, disposal diapers, office 
                supplies, cosmetics, glass and metal food containers, 
                wooden pallets, cardboard, elementary or secondary 
                school science laboratory waste, and household 
                hazardous waste, and wastes that are substantially 
                similar. The term does not include combustion ash 
                generated by resource recovery facilities or municipal 
                incinerators; solid waste from the extraction, 
                beneficiation, and processing of ores and minerals; or 
                waste from manufacturing or processing operations 
                (including pollution control) that is not described in 
                clause (i) or (ii), or both. Volumes of municipal solid 
                waste described in clause (i) shall not be considered 
                when making a determination whether waste is considered 
                conditionally exempt small quantity generator waste 
                under clause (ii), regardless of whether such waste 
                streams are mixed together.
                    ``(B) Municipal sewage sludge.--The term `municipal 
                sewage sludge' means solid, semisolid, or liquid 
                residue removed during the treatment of municipal waste 
                water, domestic sewage, or other waste water at or by 
                (i) a publicly owned treatment works, (ii) a federally 
                owned treatment works, or (iii) a treatment works that, 
                without regard to ownership, would be considered to be 
                a publicly owned treatment works and is principally 
                treating municipal waste water or domestic sewage.
                    ``(C) Qualified household hazardous waste 
                collection program.--The term `qualified household 
                hazardous waste collection program' means a program 
                established by an entity of the Federal Government, a 
                State, a municipality, or an Indian tribe that 
                provides, at a minimum, for semiannual collection of 
                household hazardous waste at accessible, well-
                publicized collection points within the relevant 
                jurisdiction.
    ``(q) Limitation on Liability for Municipal Owners and Operators.--
            ``(1) Aggregate liability of small municipalities.--With 
        respect to a facility that received municipal solid waste, that 
        was proposed for listing on the National Priorities List before 
        March 25, 1999, that is or was owned or operated by 
        municipalities with a population of less than 100,000 according 
        to the 1990 census, and that is not subject to the criteria for 
        solid waste landfills published under subtitle D of the Solid 
        Waste Disposal Act (42 U.S.C. 6941 et seq.) at part 258 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation), the aggregate liability of such municipalities for 
        response costs incurred on or after March 25, 1999, shall be 
        the lesser of--
                    ``(A) 10 percent of the total amount of response 
                costs at the facility; or
                    ``(B) the costs of compliance with the requirements 
                of such subtitle for the facility (as if the facility 
                had continued to accept municipal solid waste through 
                January 1, 1997).
            ``(2) Aggregate liability of large municipalities.--With 
        respect to a facility that received municipal solid waste, that 
        was proposed for listing on the National Priorities List before 
        March 25, 1999, that is or was owned or operated by 
        municipalities with a population of 100,000 or more according 
        to the 1990 census, and that is not subject to the criteria for 
        solid waste landfills published under subtitle D of the Solid 
        Waste Disposal Act (42 U.S.C. 6941 et seq.) at part 258 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation), the aggregate liability of such municipalities for 
        response costs incurred on or after March 25, 1999, shall be 
        the lesser of--
                    ``(A) 20 percent of the total amount of response 
                costs at the facility; or
                    ``(B) the costs of compliance with the requirements 
                of such subtitle for the facility (as if the facility 
                had continued to accept municipal solid waste through 
                January 1, 1997).''.
    (c) Ineligibility for Exemptions or Limitations.--Section 107 is 
further amended by adding at the end the following:
    ``(r) Ineligibility for Exemptions or Limitations.--
            ``(1) Impeding response or restoration.--The exemptions and 
        limitations set forth in subsections (o), (p), and (q) and 
        sections 114(c) and 130 shall not apply to any person with 
        respect to a facility if such person impedes the performance of 
        a response action or natural resource restoration at the 
        facility.
            ``(2) Failure to respond to information request.--The 
        exemptions and limitations set forth in subsections (o), (p), 
        and (q) and sections 114(c) and 130 shall not apply to any 
        person who--
                    ``(A) willfully fails to submit a complete and 
                timely response to an information request under section 
                104(e); or
                    ``(B) knowingly makes any false or misleading 
                material statement or representation in any such 
                response.
            ``(3) Failure to provide cooperation and facility access.--
        The limitation set forth in subsection (q) shall not apply to 
        any owner or operator of a facility who does not provide 
        reasonable cooperation and facility access to persons 
        authorized to conduct response actions at the facility.''.
    (d) Exempt Party Funding.--Section 107 is further amended by adding 
at the end the following:
    ``(s) Exempt Party Funding.--
            ``(1) Exempt party funding.--Except as provided in 
        paragraph (2), the equitable share of liability under section 
        107(a) for any release or threatened release of a hazardous 
        substance from a facility or vessel on the National Priorities 
        List that is extinguished--
                    ``(A) through an exemption under subsection (o) or 
                (p) of this section, section 114(c), or section 130, or
                    ``(B) through a limitation on liability under 
                subsection (q) of this section,
        shall be transferred to and assumed by the Trust Fund.
            ``(2) Certain msw generators.--Paragraph (1) shall not 
        apply to the equitable share of liability of any person who 
        would have been liable under under subsection (a)(1)(C) but for 
        the exemption from liability under subsection (p) and who is--
                    ``(A) an owner, operator, or lessee of residential 
                property;
                    ``(B) a business entity that employs no more than 
                100 individuals and is a small business concern as 
                defined under the Small Business Act (15 U.S.C. 631 et 
                seq.); or
                    ``(C) an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 and 
                exempt from tax under section 501(a) of such Code if 
                such organization employs no more than 100 paid 
                individuals at the involved chapter, office, or 
                department.
            ``(3) Source of funds.--Payments made by the Trust Fund or 
        work performed on behalf of the Trust Fund to meet the 
        obligations under paragraph (1) shall be funded from amounts 
        made available by section 111(a)(1).
    ``(t) Effect on Concluded Actions.--The exemptions from and 
limitations on liability provided under subsection (o), (p), and (q) 
and sections 114(c) and 130 shall not affect any concluded judicial or 
administrative action against a person otherwise covered by such 
exemption or limitation.''.
    (e) Small Business Ombudsman.--The Administrator shall establish a 
small business Superfund assistance section within the small business 
ombudsman office at the Environmental Protection Agency. Such section 
shall carry out the following functions:
            (1) Act as a clearinghouse of information for small 
        businesses regarding the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980. Such information shall 
        be comprehensible to a lay person and shall include information 
        regarding the exemptions to liability under section 107 of such 
        Act, the allocation process under section 131 of such Act, 
requirements and procedures for expedited settlements pursuant to 
section 122(g) of such Act, and de minimis status and ability-to-pay 
procedures.
            (2) Provide general advice and assistance to small 
        businesses as to their questions and problems concerning 
        liability and the exemptions to liability under such Act and 
        the allocation and settlement processes, except that such 
        advice and assistance shall not include any legal advice as to 
        liability or any other legal representation. The ombudsman 
        shall not participate in the allocation process.

SEC. 307. AMENDMENTS TO SECTION 113.

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

SEC. 308. LIABILITY OF RESPONSE ACTION CONTRACTORS.

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

SEC. 309. AMENDMENTS TO SECTION 122.

    (a) Administrative Settlements.--Section 122 (42 U.S.C. 9622) is 
amended by adding at the end the following:
    ``(n) Challenge to Cost Recovery Component of Settlement.--
Notwithstanding the limitations on review in section 113(h), and except 
as provided in subsection (g) of this section, a person whose potential 
claim for response costs or contribution is limited as a result of 
contribution protection afforded by an administrative settlement under 
this section may challenge the cost recovery component of such 
settlement. Such a challenge may be made only by filing a complaint 
against the Administrator in the United States District Court within 60 
days after such settlement becomes final. Venue shall lie in the 
district in which the principal office of the appropriate region of the 
Environmental Protection Agency is located. Any review of an 
administrative settlement shall be limited to the administrative 
record, and the settlement shall be upheld unless the objecting party 
can demonstrate on that record that the decision of the President to 
enter into the administrative settlement was arbitrary, capricious, or 
otherwise not in accordance with law.''.
    (b) Final Covenants.--Section 122(f) is amended as follows:
            (1) By striking paragraph (1) and inserting the following:
            ``(1) Final covenants.--The President shall offer 
        potentially responsible parties who enter into settlement 
        agreements that are in the public interest a final covenant not 
        to sue concerning any liability to the United States under this 
        Act, including a covenant with respect to future liability, for 
        response actions or response costs addressed in the settlement, 
        if all of the following conditions are met:
                    ``(A) The settling party agrees to perform, or 
                there are other adequate assurances of the performance 
                of, a final remedial action authorized by the 
                Administrator for the release or threat of release that 
                is the subject of the settlement.
                    ``(B) The settlement agreement has been reached 
                prior to the commencement of litigation against the 
                settling party under section 106 or 107 of this Act 
                with respect to this facility.
                    ``(C) The settling party waives all contribution 
                rights against other potentially responsible parties at 
                the facility.
                    ``(D) The settling party (other than a small 
                business) pays a premium that compensates for the risks 
                of remedy failure; future liability resulting from 
                unknown conditions; and unanticipated increases in the 
                cost of any uncompleted response action, unless the 
                settling party is performing the response action. The 
                President shall have sole discretion to determine the 
                appropriate amount of any such premium, and such 
                determinations are committed to the President's 
                discretion. The President has discretion to waive or 
                reduce the premium payment for persons who demonstrate 
                an inability to pay such a premium.
                    ``(E) The remedial action does not rely on 
                institutional controls to ensure continued protection 
                of human health and the environment.
                    ``(F) The settlement is otherwise acceptable to the 
                United States.''.
            (2) In paragraph (2) by striking ``remedial'' each place it 
        appears and inserting ``response''.
            (3) By striking paragraph (3) and inserting the following:
            ``(3) Discretionary covenants.--For settlements under this 
        Act for which covenants under paragraph (1) are not available, 
        the President may, in his discretion, provide any person with a 
        covenant not to sue concerning any liability to the United 
        States under this Act, if the covenant not to sue is in the 
        public interest. Such covenants shall be subject to the 
        requirements of paragraph (5). The President may include any 
        conditions in such covenant not to sue, including the 
        additional condition referred to in paragraph (5). In 
        determining whether such conditions or covenants are in the 
        public interest, the President shall consider the nature and 
        scope of the commitment by the settling party under the 
        settlement, the effectiveness and reliability of the response 
        action, the nature of the risks remaining at the facility, the 
        strength of evidence, the likelihood of cost recovery, the 
        reliability of any response action or actions to restore, 
        replace, or acquire the equivalent of injured natural 
        resources, the extent to which performance standards are 
        included in the order or decree, the extent to which the 
        technology used in the response action is demonstrated to be 
        effective, and any other factors relevant to the protection of 
        human health and the environment.''.
            (4) By striking paragraph (4) and redesignating paragraphs 
        (5) and (6) as paragraphs (4) and (5), respectively.
            (5) In subparagraph (A) of paragraph (5) (as so 
        redesignated)--
                    (A) by striking ``remedial'' and inserting 
                ``response'';
                    (B) by striking ``paragraph (2)'' in the first 
                sentence and inserting ``paragraph (1) or (2)'';
                    (C) by striking ``de minimis settlements'' and 
                inserting ``de minimis and other expedited settlements 
                pursuant to subsection (g) of this section''; and
                    (D) by striking ``the President certifies under 
                paragraph (3) that remedial action has been completed 
                at the facility concerned'', and inserting ``that the 
                response action that is the subject of the settlement 
                agreement is selected''.
            (6) In subparagraph (B) of paragraph (5) (as so 
        redesignated)--
                    (A) by striking ``In extraordinary circumstances, 
                the'' and inserting ``The'';
                    (B) by striking ``those referred to in paragraph 
                (4) and'';
                    (C) by striking ``if other terms,'' and inserting 
                ``, if the agreement containing the covenant not to sue 
                provides for payment of a premium to address possible 
                remedy failure or any releases that may result from 
                unknown conditions, and if other terms,''; and
                    (D) by adding at the end the following: ``The 
                President may waive or reduce the premium payment for 
                persons who demonstrate an inability to pay such a 
                premium.''.
    (c) Expedited Final Settlements.--Section 122 is further amended as 
follows:
            (1) In subsection (g) by striking ``(g)'' and all that 
        follows through the period at the end of paragraph (1) and 
        inserting the following:
    ``(g) Expedited Final Settlement.--
            ``(1) Parties eligible for expedited settlement.--The 
        President shall, as promptly as possible, offer to reach a 
        final administrative or judicial settlement with potentially 
        responsible parties who, in the judgment of the President, meet 
        the following conditions for eligibility for an expedited 
        settlement in subparagraph (A) or (B):
                    ``(A) The potentially responsible party's 
                individual contribution to the release of hazardous 
                substances at the facility as an owner or operator, 
                arranger for disposal, or transporter for disposal is 
                de minimis. The contribution of hazardous substance to 
                a facility by a potentially responsible party is de 
                minimis if both of the following conditions are met:
                            ``(i) The contribution of materials 
                        containing hazardous substances that the 
                        potentially responsible party arranged or 
                        transported for treatment or disposal, or that 
                        were treated or disposed during the potentially 
                        responsible party's period of ownership or 
                        operation of the facility, is minimal in 
                        comparison to the total volume of materials 
                        containing hazardous substances at the 
                        facility. Such individual contribution is 
                        presumed to be minimal if it is not more than 1 
                        percent of the total volume of such materials, 
                        unless the Administrator identifies a different 
                        threshold based on site-specific factors.
                            ``(ii) Such hazardous substances do not 
                        present toxic or other hazardous effects that 
                        are significantly greater than those of other 
                        hazardous substances at the facility.
                    ``(B)(i) The potentially responsible party is a 
                natural person, a small business, or a municipality and 
                can demonstrate to the United States an inability or 
                limited ability to pay response costs. A party who 
                enters into a settlement pursuant to this subparagraph 
                shall be deemed to have resolved its liability under 
                this Act to the United States for all matters addressed 
                in the settlement.
                    ``(ii) For purposes of this subparagraph, the 
                following provisions apply:
                            ``(I) In the case of a small business, the 
                        President shall take into consideration the 
                        ability to pay of the business, if requested by 
                        the business. The term `ability to pay' means 
                        the President's reasonable expectation of the 
                        ability of the small business to pay its total 
                        settlement amount and still maintain its basic 
                        business operations. Such consideration shall 
                        include the business's overall financial 
                        condition and demonstrable constraints on its 
                        ability to raise revenues.
                            ``(II) Any business requesting such 
                        consideration shall promptly provide the 
                        President with all relevant information needed 
                        to determine the business's ability to pay.
                            ``(III) If the President determines that a 
                        small business is unable to pay its total 
                        settlement amount immediately, the President 
                        shall consider alternative payment methods as 
                        may be necessary or appropriate. The methods to 
                        be considered may include installment payments 
                        to be paid during a period of not to exceed 10 
                        years and the provision of in-kind services.
                    ``(iii) Any municipality which is a potentially 
                responsible party may submit for consideration by the 
                President an evaluation of the potential impact of the 
                settlement on essential services that the municipality 
                must provide, and the feasibility of making delayed 
                payments or payments over time. If a municipality 
                asserts that it has additional environmental 
                obligations besides its potential liability under this 
                Act, then the municipality may create a list of the 
                obligations, including an estimate of the costs of 
                complying with such obligations.
                    ``(iv) Any municipality which is a potentially 
                responsible party may establish an inability to pay 
                through an affirmative showing that such payment of its 
                liability under this Act would either--
                            ``(I) create a substantial demonstrable 
                        risk that the municipality would default on 
                        existing debt obligations, be forced into 
                        bankruptcy, be forced to dissolve, or be forced 
                        to make budgetary cutbacks that would 
                        substantially reduce current levels of 
                        protection of public health and safety; or
                            ``(II) necessitate a violation of legal 
                        requirements or limitations of general 
                        applicability concerning the assumption and 
                        maintenance of fiscal municipal obligations.
                    ``(v) This subparagraph does not limit or affect 
                the President's authority to evaluate any person's 
                ability to pay or to enter into settlements with any 
                person based on that person's inability to pay.''.
            (3) By striking paragraphs (2) and (3) of subsection (g) 
        and inserting the following:
            ``(2) Basis of determination.--Any person who enters into a 
        settlement pursuant to this subsection shall provide any 
        information requested by the President or by an allocator in 
        accordance with section 128(l)(1) or section 104(e). The 
        determination of whether a person is eligible for an expedited 
        settlement shall be made on the basis of all information 
        available to the President at the time the determination is 
        made. The President's determination as to the eligibility of a 
        party that is not a department, agency, or instrumentality of 
        the United States for settlement pursuant to this section shall 
        not be subject to judicial review. If the President determines 
        that a party is not eligible for a settlement pursuant to this 
        section, the President shall explain the basis for that 
        determination in writing to any person who requests such a 
        settlement.
            ``(3) Additional factors relevant to settlements with 
        municipalities.--In any settlement with a municipality pursuant 
        to this Act, the President may take additional equitable 
        factors into account in determining an appropriate settlement 
        amount, including the limited resources available to that 
        party, and any in-kind services that the party may provide to 
        support the response action at the facility. In considering the 
        value of in-kind services, the President shall consider the 
        fair market value of those services.''.
            (4) In subsection (g)(4) by striking ``$500,000'' and 
        inserting ``$2,000,000''.
            (5) By striking paragraph (5) of subsection (g) and 
        inserting the following:
            ``(5) Small business defined.--In this section, the term 
        `small business' refers to any business entity that employs no 
        more than 100 individuals and is a `small business concern' as 
        defined under the Small Business Act (15 U.S.C. 631 et 
        seq.).''.
            (6) By adding at the end of subsection (g) the following:
            ``(7) Deadline.--If the President does not make a 
        settlement offer to a person on or before the 180th day 
        following the date of the President's determination that such 
        person is eligible for an expedited settlement under this 
        subsection, or on or before the 180th day following the date of 
        the enactment of this paragraph, whichever is later, such 
        person shall have no further liability under this Act.
            ``(8) Premiums.--In any settlement under this Act with a 
        small business, the President shall not require the small 
        business to pay any premium over and above the small business's 
        share of liability.''.
            (7) In subsection (h)--
                    (A) by striking the subsection heading and 
                inserting the following: ``Authority To Settle Claims 
                for Fines, Civil Penalties, Punitive Damages, and Cost 
                Recovery.--'';
                    (B) by striking ``costs incurred'' in the first 
                sentence of paragraph (1) and inserting ``past and 
                future costs incurred or that may be incurred'':
                    (C) by inserting after ``if the claim has not been 
                referred to the Department of Justice for further 
                action.'' in the first sentence of paragraph (1) the 
                following: ``The head of any department or agency with 
                the authority to seek fines, civil penalties, or 
                punitive damages under this Act may consider, 
                compromise, and settle claims for any such fines, civil 
                penalties, or punitive damages which may otherwise be 
                assessed in civil administrative or judicial 
                proceedings if the claim has not been referred to the 
                Department of Justice for further action. If the total 
                claim for response costs, fines, civil penalties, or 
                punitive damages exceeds $3,000,000, such claim may be 
                compromised and settled only with the prior written 
                approval of the Attorney General.'';
                    (D) by striking ``$500,000 (excluding interest), 
                any claim referred to in the preceding sentence'' in 
the second sentence of paragraph (1) and inserting ``$2,000,000 
(excluding interest), any claim for response costs referred to in this 
subsection''; and
                    (E) by striking paragraph (4).
    (d) Municipality Defined.--Section 101 (42 U.S.C. 9601), as amended 
by section 303(d) of this Act, is further amended by inserting after 
paragraph (34) the following:
    ``(35) The term `municipality' means a political subdivision of a 
State, including a city, county, village, town, township, borough, 
parish, school district, sanitation district, water district, or other 
public entity performing local governmental functions. The term also 
includes a natural person acting in the capacity of an official, 
employee, or agent of any entity referred to in the preceding sentence 
in the performance of governmental functions.''.

SEC. 310. CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS.

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

``SEC. 130. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--As provided in subsections (b), 
(c), (d), (e), and (f), a person who arranged for the recycling of 
recyclable material or transported such material shall not be liable 
under sections 107(a)(1)(C) and 107(a)(1)(D) with respect to such 
material.
    ``(b) Recyclable Material Defined.--For purposes of this section, 
the term `recyclable material' means--
            ``(1) plastic, glass, textiles, rubber (other than whole 
        tires), and metal, 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; except 
        that such term shall not include shipping containers of a 
        capacity from 30 liters to and including 3,000 liters, whether 
        intact or not, having any hazardous substances (but not metal 
        bits or pieces or hazardous substances that form an integral 
        part of the container) contained in or adhering thereto;
            ``(2) spent lead-acid, spent nickel-cadmium, and other 
        spent batteries; and
            ``(3) used oil.
    ``(c) Transactions Involving Scrap, Plastic, Glass, Textiles, or 
Rubber.--
            ``(1) In general.--Transactions involving recyclable 
        materials that consist of 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:
                    ``(A) The recyclable material met a commercial 
                specification grade.
                    ``(B) A market existed for the recyclable material.
                    ``(C) A substantial portion of the recyclable 
                material was made available for use as a feedstock for 
                the manufacture of a new saleable product.
                    ``(D) The recyclable material could have been a 
                replacement or substitute for a virgin raw material, or 
                the product to be made from the recyclable material 
                could have been a replacement or substitute for a 
                product made, in whole or in part, from a virgin raw 
                material.
                    ``(E) For transactions occurring on or after the 
                90th day following the date of the enactment of this 
                section, the person exercised reasonable care to 
                determine that the facility where the recyclable 
                material would be handled, processed, reclaimed, or 
                otherwise managed by another person (hereinafter in 
                this section referred to as a `consuming facility') was 
                in compliance with substantive (not procedural or 
                administrative) provisions of any Federal, State, or 
                local environmental law or regulation, or compliance 
                order or decree issued pursuant thereto, applicable to 
                the handling, processing, reclamation, storage, or 
                other management activities associated with the 
                recyclable material.
            ``(2) Reasonable care.--For purposes of this subsection, 
        `reasonable care' shall be determined using criteria that 
        include--
                    ``(A) the price paid in the recycling transaction;
                    ``(B) the ability of the person to detect the 
                nature of the consuming facility's operations 
                concerning its handling, processing, reclamation, or 
                other management activities associated with the 
                recyclable material; and
                    ``(C) the result of inquiries made to the 
                appropriate Federal, State, or local environmental 
                agency (or agencies) regarding the consuming facility's 
                past and current compliance with substantive (not 
                procedural or administrative) provisions of any 
                Federal, State, or local environmental law or 
                regulation, or compliance order or decree issued 
                pursuant thereto, applicable to the handling, 
                processing, reclamation, storage, or other management 
                activities associated with the recyclable material.
            ``(3) Treatment of certain requirements as substantive 
        provisions.--For purposes of this subsection, a requirement to 
        obtain a permit applicable to the handling, processing, 
        reclamation, or other management activities associated with the 
        recyclable materials shall be deemed to be a substantive 
        provision.
    ``(d) Transactions Involving Scrap Metal.--
            ``(1) In general.--Transactions involving recyclable 
        materials that consist of scrap metal shall be deemed to be 
        arranging for recycling if the person who arranged for the 
        transaction (by selling recyclable material or otherwise 
        arranging for the recycling of recyclable material) can 
        demonstrate by a preponderance of the evidence that at the time 
        of the transaction--
                    ``(A) the person met the criteria set forth in 
                subsection (c) with respect to the scrap metal;
                    ``(B) the person was in compliance with any 
                applicable regulations or standards regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of scrap metal that the 
                Administrator issues under the Solid Waste Disposal Act 
                (42 U.S.C. 6901 et seq.) after the date of the 
                enactment of this section and with regard to 
                transactions occurring after the effective date of such 
                regulations or standards; and
                    ``(C) the person did not melt the scrap metal prior 
                to the transaction.
            ``(2) Melting of scrap metal.--For purposes of paragraph 
        (1)(C), melting of scrap metal does not include the thermal 
        separation of 2 or more materials due to differences in their 
        melting points (referred to as `sweating').
            ``(3) Scrap metal defined.--In this subsection, the term 
        `scrap metal' means bits and pieces of metal parts (such as 
        bars, turnings, rods, sheets, and wire) or metal pieces that 
        may be combined together with bolts or soldering (such as 
        radiators, scrap automobiles, and railroad box cars) which when 
        worn or superfluous can be recycled, except for scrap metals 
        that the Administrator excludes from this definition by 
        regulation and electrical equipment that contains 
        polychlorinated biphenyls.
    ``(e) Transactions Involving Batteries.--
            ``(1) In general.--Transactions involving recyclable 
        materials that consist of spent lead-acid batteries, spent 
        nickel-cadmium batteries, or other spent batteries shall be 
        deemed to be arranging for recycling if the person who arranged 
        for the transaction (by selling recyclable material or 
        otherwise arranging for the recycling of recyclable material) 
        can demonstrate by a preponderance of the evidence that at the 
        time of the transaction--
                    ``(A) the person met the criteria set forth in 
                subsection (c) with respect to the spent lead-acid 
                batteries, spent nickel-cadmium batteries, or other 
                spent batteries but did not recover the valuable 
                components of such batteries; and
                    ``(B)(i) with respect to transactions involving 
                lead-acid batteries, the person was in compliance with 
                applicable Federal environmental regulations or 
                standards, and any amendments thereto, regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of spent lead-acid 
                batteries;
                    ``(ii) with respect to transactions involving 
                nickel-cadmium batteries, Federal environmental 
                regulations or standards were in effect regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of spent nickel-cadmium 
                batteries and the person was in compliance with such 
                regulations or standards and any amendments thereto; or
                    ``(iii) with respect to transactions involving 
                other spent batteries, Federal environmental 
                regulations or standards were in effect regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of such batteries and the 
                person was in compliance with such regulations or 
                standards and any amendments thereto.
            ``(2) Recovery of valuable battery components.--For 
        purposes of paragraph (1)(A), a person who, by contract, 
        arranges or pays for processing of batteries by an unrelated 
        third person and receives from such third person materials 
        reclaimed from such batteries shall not thereby be deemed to 
        recover the valuable components of such batteries.
    ``(f) Transactions Involving Used Oil.--
            ``(1) In general.--Transactions involving recyclable 
        materials that consist of used oil shall be deemed to be 
        arranging for recycling if the person who arranged for the 
        transaction (by selling recyclable material or otherwise 
        arranging for the recycling of recyclable material) did not mix 
        the recyclable material with a hazardous substance following 
        the removal of the used oil from service and can demonstrate by 
        a preponderance of the evidence that at the time of the 
        transaction--
                    ``(A) the recyclable material was sent to a 
                facility that recycled used oil by using it as feed 
                stock for the manufacture of a new saleable product;
                    ``(B) the person met the criteria specified in 
                subparagraphs (D) and (E) of subsection (c)(1), as 
                modified by paragraphs (2) and (3) of subsection (c), 
                with respect to used oil; and
                    ``(C) regulations or standards for the management 
                of used oil promulgated under the Solid Waste Disposal 
                Act (42 U.S.C. 6901 et seq.) were in effect on the date 
                of the transaction and the person was in compliance 
                with such regulations or standards and any amendment 
                thereto.
            ``(2) Used oil defined.--In this subsection, the term `used 
        oil' means any oil that has been refined from crude oil, or any 
        synthetic oil, that has been used or stored. Such term does not 
        include any oil that is subject to regulation under section 
        6(e)(1)(A) of the Toxic Substances Control Act (15 U.S.C. 
        2605(e)(1)(A)), relating to regulations prescribing methods for 
        disposal of polychlorinated biphenyls.
    ``(g) Exclusions.--
            ``(1) In general.--The exemptions set forth in subsections 
        (c), (d), (e), and (f) shall not apply if--
                    ``(A) the person had an objectively reasonable 
                basis to believe at the time of the recycling 
                transaction that--
                            ``(i) the recyclable material would not be 
                        recycled;
                            ``(ii) in the case of recyclable materials 
                        other than used oil, the recyclable material 
                        would be burned as fuel or for energy recovery 
                        or incineration; or
                            ``(iii) for transactions occurring on or 
                        before the 90th day following the date of the 
enactment of this section, the consuming facility was not in compliance 
with a substantive (not a procedural or administrative) provision of 
any Federal, State, or local environmental law or regulation, or 
compliance order or decree issued pursuant thereto, applicable to the 
handling, processing, reclamation, or other management activities 
associated with the recyclable material;
                    ``(B) the person had reason to believe that 
                hazardous substances had been added to the recyclable 
                material for purposes other than processing for 
                recycling; or
                    ``(C) the person failed to exercise reasonable care 
                with respect to the management and handling of the 
                recyclable material (including adhering to customary 
                industry practices current at the time of the recycling 
                transaction designed to minimize, through source 
                control, contamination of the recyclable material by 
                hazardous substances).
            ``(2) Objectively reasonable basis.--For purposes of 
        paragraph (1)(A), an objectively reasonable basis for belief 
        shall be determined using criteria that include the size of the 
        person's business, customary industry practices (including 
        customary industry practices current at the time of the 
        recycling transaction designed to minimize, through source 
        control, contamination of the recyclable material by hazardous 
        substances), the price paid in the recycling transaction, and 
        the ability of the person to detect the nature of the consuming 
        facility's operations concerning its handling, processing, 
        reclamation, or other management activities associated with the 
        recyclable material.
            ``(3) Treatment of certain requirements as substantive 
        provisions.--For purposes of this subsection, a requirement to 
        obtain a permit applicable to the handling, processing, 
        reclamation, or other management activities associated with 
        recyclable material shall be deemed to be a substantive 
        provision.
    ``(h) Effect on Owner Liability.--Nothing in this section shall be 
deemed to affect the liability of a person under subparagraph (A) or 
(B) of section 107(a)(1).
    ``(i) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect--
            ``(1) liability under any other Federal, State, or local 
        statute or regulation promulgated pursuant to any such statute, 
        including any requirements promulgated by the Administrator 
        under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
            ``(2) the ability of the Administrator to promulgate 
        regulations under any other statute, including the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.).
    ``(j) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to affect any liability under section 
107(a)(1) of any person with respect to any material other than a 
recyclable material subject to subsection (a).''.
    (b) Service Station Dealers.--Section 114(c) (42 U.S.C. 9614(c)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``No person'' and inserting ``A 
                person'';
                    (B) by striking ``may recover'' and inserting ``may 
                not recover'';
                    (C) by striking ``if such recycled oil'' and 
                inserting ``unless the service station dealer''; and
                    (D) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) mixed the recycled oil with any other 
                hazardous substance; or
                    ``(B) did not store, treat, transport, or otherwise 
                manage the recycled oil in compliance with any 
                applicable regulations or standards promulgated 
                pursuant to section 3014 of the Solid Waste Disposal 
                Act and other applicable authorities that were in 
                effect on the date of such activity.''; and
            (2) by striking paragraph (4).

SEC. 311. ALLOCATION.

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

``SEC. 131. ALLOCATION.

    ``(a) Purpose of Allocation.--The purpose of an allocation under 
this section is to determine equitable shares of liability for the 
costs of performing a response action that is eligible for an 
allocation under this section, including the equitable share of 
liability to be borne by the Trust Fund under subsection (i).
    ``(b) Eligible Response Action.--A response action is eligible for 
an allocation under this section if--
            ``(1) the performance of such response action is not the 
        subject of a consent decree or an administrative order as of 
        March 25, 1999; and
            ``(2) the President's estimate of the cost of such response 
        action exceeds $2,000,000.
    ``(c) Allocation Process.--
            ``(1) In general.--The President shall initiate an 
        allocation under this section for each eligible response action 
        by filing a cost recovery and declaratory judgment action under 
        section 107 for costs of response to a release or threatened 
        release of hazardous substances from a facility or vessel in 
        the district court of the United States in the district in 
        which such release occurs.
            ``(2) Stay.--The President shall seek a stay of litigation 
        of the action referred to in paragraph (1) until 150 days after 
        the issuance of an allocator's report unless the court 
        determines that a stay will result in manifest injustice.
            ``(3) Jurisdiction of the court.--Upon the filing of the 
        action referred to in paragraph (1), the court shall have 
        jurisdiction to ensure that a fair and equitable allocation of 
        liability is undertaken by a neutral allocator selected by 
        agreement of the parties, or by the court, under such process 
        or procedures as are agreed to by the parties, or ordered by 
        the court.
    ``(d) Discretionary Allocation Process.--Notwithstanding subsection 
(a)(1), the President may initiate an allocation under this section for 
any response action.
    ``(e) Early Offer of Settlement.--As soon as practicable and prior 
to the selection of an allocator, the President shall provide an 
estimate of the aggregate Fund share in accordance with subsection (i). 
The President shall offer to contribute to a settlement of liability 
for response costs on the basis of this estimate.
    ``(f) Representation of the United States and Affected States.--The 
Administrator or the Attorney General, as a representative of the Fund, 
and a representative of any State that is or may be responsible 
pursuant to section 104(c)(3) for any costs of a response action that 
is the subject of an allocation shall be entitled to participate in the 
allocation proceeding to the same extent as any potentially responsible 
party.
    ``(g) Moratorium on Litigation.--
            ``(1) Moratorium on litigation.--No person may commence any 
        civil action or assert any claim under this Act seeking 
        recovery of any response costs, or contribution toward such 
        costs, in connection with any response action for which the 
        President has initiated an allocation under this section, until 
        150 days after issuance of the allocator's report or of a 
        report under this section.
            ``(2) Stay.--If any action or claim referred to in 
        paragraph (1) is pending on the date of enactment of this 
        section or on the date of initiation of an allocation, such 
        action or claim (including any pendant claim under State law 
        over which a court is exercising jurisdiction) shall be stayed 
        until 150 days after the issuance of the allocator's report or 
        of a report under this section, unless the court determines 
        that a stay will result in manifest injustice.
            ``(3) Tolling of limitations period.--Any applicable 
        limitations period with respect to actions subject to paragraph 
        (1) shall be tolled from the earlier of--
                    ``(A) the date of listing of the facility on the 
                National Priorities List, where such listing occurs 
                after the date of enactment of this section; or
                    ``(B) the commencement of the allocation process 
                pursuant to this section, until 180 days after rejects 
                or waives its right to reject the allocator's report.
    ``(h) Effect on Principles of Liability.--The allocation process 
under this section shall not be construed to modify or affect in any 
way the principles of liability under this title as determined by the 
courts of the United States.
    ``(i) Fund Share.--For each response action that is the subject of 
an allocation under this section, the allocator shall determine the 
share of response costs, if any, to be allocated to the Fund. The Fund 
share shall consist of the sum of following amounts:
            ``(1) The amount attributable to the aggregate share of 
        response costs that the allocator determines to be attributable 
        to parties who are not affiliated with any potentially 
        responsible party and whom the President determines are 
        insolvent or defunct.
            ``(2) The amount attributable to the difference in the 
        aggregate share of response costs that the allocator determines 
        to be attributable to parties who have resolved their liability 
        to the United States for the response and the amount actually 
        assumed by those parties in any settlement for the response 
        action with the United States. Except where such settlements 
        include a consideration of ability to pay, the allocator may 
        presume that the amount accepted by the United States in a 
        settlement is that party's equitable share.
            ``(3) Except as provided in subsection (j), the amount 
        attributable to the aggregate share of response costs that the 
        allocator determines to be attributable to persons who are 
        entitled to an exemption from liability under subsection (o) or 
        (p) of section 107 or section 114(c) or 130 at a facility or 
        vessel on the National Priorities List.
            ``(4) The amount attributable to the difference in the 
        aggregate share of response costs that an allocator determines 
        to be attributable to persons subject to a limitation on 
        liability under section 107(q) and the amount actually assumed 
        by those parties in accordance with such limitation.
    ``(j) Certain MSW Generators.--Notwithstanding subsection (i)(3), 
the allocator shall not attribute any response costs to any person who 
would have been liable under section 107(a)(1)(C) but for the exemption 
from liability under section 107(p) and who is--
            ``(1) an owner, operator, or lessee of residential 
        property;
            ``(2) a business entity that employs no more than 100 
        individuals and is a small business concern as defined under 
        the Small Business Act (15 U.S.C. 631 et seq.); or
            ``(3) an organization described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from tax under section 
        501(a) of such Code if such organization employs no more than 
        100 paid individuals at the involved chapter, office, or 
        department.
    ``(k) Unattributable Share.--The share attributable to the 
aggregate share of response costs incurred to respond to materials 
containing hazardous substances for which no generator, transporter, or 
owner or operator at the time of disposal or placement can be 
identified shall be divided pro rata among the potentially responsible 
parties and the Fund share determined under subsection (i).
    ``(l) Expedited Allocation.--At the request of the potentially 
responsible parties or the United States, to assist in reaching 
settlement, the allocator may, prior to reaching a final allocation of 
response costs among all parties, first provide an estimate of the 
aggregate Fund share, in accordance with subsection (i), and an 
estimate of the aggregate share of the potentially responsible parties.
    ``(m) Other Settlements.--The President may use the authority under 
section 122(g) to enter into settlement agreements with respect to any 
response action that is the subject of an allocation at any time.
    ``(n) Settlements Based on Allocations.--
            ``(1) In general.--Subject to paragraph (2), the President 
        shall accept an offer of settlement of liability for a response 
action that is the subject of an allocation if--
                    ``(A) the offer is made within 90 days after 
                issuance of the allocator's report; and
                    ``(B) the offer is based on the share of response 
                costs specified by the allocator and such other terms 
                and conditions (other than the allocated share of 
                response costs) as are acceptable to the President.
            ``(2) Rejection of allocation report.--The requirement of 
        paragraph (1) to accept an offer of settlement shall not apply 
        if the Administrator and the Attorney General reject the 
        allocation report.
    ``(o) Reimbursement for UAO Performance.--
            ``(1) Reimbursement.--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 (c) 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 if 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; and
                    ``(C) waives contribution rights against all 
                parties who are potentially responsible parties for the 
                response action, as well as waives any rights to 
                challenge any settlement the President enters into with 
                any other potentially responsible party.
            ``(2) Offset.--Any reimbursement provided to a performing 
        party under this subsection shall be subject to equitable 
        offset or reduction by the Administrator upon a finding of a 
        failure to perform any aspect of the remedy in a proper and 
        timely manner.
            ``(3) Time of payment.--Any reimbursement to a performing 
        party under this subsection shall be paid after work is 
        completed, but no sooner than completion of the construction of 
        the remedial action and, subject to paragraph (5), without any 
        increase for interest or inflation.
            ``(4) Limit on amount of reimbursement.--The amount of 
        reimbursement under this subsection shall be further limited as 
        follows:
                    ``(A) Performing parties who waive their right to 
                challenge remedy selection at the end of the moratorium 
                following allocation shall be entitled to reimbursement 
                of actual dollars spent by each such performing party 
                in excess of the party's share and attributable by the 
                allocator to the Fund share under subsection (i).
                    ``(B) Performing parties who retain their right to 
                challenge the remedy shall be reimbursed (i) for actual 
                dollars spent by each such performing party, but not to 
                exceed 90 percent of the Fund share, or (ii) an amount 
                equal to 80 percent of the Fund share if the Fund share 
                is less than 20 percent of responsibility at the site.
            ``(5) Reimbursement of shares attributable to other 
        parties.--If reimbursement is made under this subsection to a 
        performing party for work in excess of the performing party's 
        allocated share that is not attributable to the Fund share, the 
        performing party shall be entitled to all interest (prejudgment 
        and post judgment, whether recovered from a party or earned in 
        a site account) that has accrued on money recovered by the 
        United States from other parties for such work at the time 
        construction of the remedy is completed.
            ``(6) Reimbursement claims.--The Administrator shall 
        require that all claims for reimbursement be supported by--
                    ``(A) documentation of actual costs incurred; and
                    ``(B) sufficient information to enable the 
                Administrator to determine whether such costs were 
                reasonable.
            ``(7) Independent auditing.--The Administrator may require 
        independent auditing of any claim for reimbursement.
    ``(p) Post-Settlement Litigation.--Following expiration of the 
moratorium periods under subsection (g), the United States may request 
the court to lift the stay and proceed with an action under this Act 
against any potentially responsible party that has not resolved its 
liability to the United States following an allocation, seeking to 
recover response costs that are not recovered through settlements with 
other persons. All such actions shall be governed by the principles of 
liability under this Act as determined by the courts of the United 
States. In allocating response costs among persons determined by the 
court to be liable in such litigation, the court may use the 
allocator's report as a basis for such allocation.
    ``(q) Response Costs.--
            ``(1) Description.--The following costs shall be considered 
        response costs for purposes of this Act:
                    ``(A) Costs incurred by the United States and the 
                court of implementing the allocation procedure set 
                forth in this section, including reasonable fees and 
                expenses of the allocator.
                    ``(B) Costs paid from amounts made available under 
                section 111(a)(1).
            ``(2) Settled parties.--Any costs of allocation described 
        in paragraph (1)(A) and incurred after a party has settled all 
        of its liability with respect to the response action or actions 
        that are the subject of the allocation may not be recovered 
        from such party.
    ``(r) Federal, State, and Local Agencies.--All Federal, State, and 
local governmental departments, agencies, or instrumentalities that are 
identified as potentially responsible parties shall be subject to, and 
be entitled to the benefits of, the allocation process and allocation 
determination provided by this section to the same extent as any other 
party.
    ``(s) Savings Provisions.--Except as otherwise expressly provided, 
nothing in this section shall limit or affect the following:
            ``(1) The President's--
                    ``(A) authority to exercise the powers conferred by 
                sections 103, 104, 105, 106, 107, or 122;
                    ``(B) authority to commence an action against a 
                party where there is a contemporaneous filing of a 
                judicial consent decree resolving that party's 
                liability;
                    ``(C) authority to file a proof of claim or take 
                other action in a proceeding under title 11, United 
                States Code;
                    ``(D) authority to file a petition to preserve 
                testimony under Rule 27 of the Federal Rules of Civil 
                Procedure; or
                    ``(E) authority to take action to prevent 
                dissipation of assets, including actions under chapter 
                176 of title 28, United States Code.
            ``(2) The ability of any person to resolve its liability at 
        a facility to any other person at any time before or during the 
        allocation process.
            ``(3) The validity, enforceability, finality, or merits of 
        any judicial or administrative order, judgment, or decree 
        issued, signed, lodged, or entered, before the date of 
        enactment of this paragraph with respect to liability under 
        this Act, or authority to modify any such order, judgment, or 
        decree with regard to the response action addressed in the 
        order, judgment or decree.
            ``(4) The validity, enforceability, finality, or merits of 
        any pre-existing contract or agreement relating to any 
        allocation of responsibility or any indemnity for, or sharing 
        of, any response costs under this Act.''.

                       TITLE IV--REMEDY SELECTION

SEC. 401. REMEDY SELECTION.

    (a) Remedy Selection.--Section 121(b) (42 U.S.C. 9621(b)) is 
amended--
            (1) by striking ``(1) Remedial'' and all that follows 
        through ``or containment.'' and inserting the following:
            ``(1) Health and environmental standards.--
                    ``(A) In general.--Final remedies selected under 
                this Act shall protect human health and the 
                environment.
                    ``(B) Exposure information.--Exposure assessments 
                shall be consistent with the current and reasonably 
                anticipated uses of land, water, and other resources as 
                identified under paragraph (2). The President shall 
                consider and use, in selecting final remedies under 
                this Act, information made available to the President 
                on actual exposure to hazardous substances or 
                pollutants or contaminants, along with other relevant 
                information.
                    ``(C) Plants and animals.--In determining what is 
                protective of plants and animals for purposes of this 
                section, the President shall base such determinations 
                on the significance of impacts from a release or 
                releases of hazardous substances from a facility to 
                local populations or communities of plants and animals 
                or ecosystems. If a species is listed as threatened or 
                endangered under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.) impacts to individual plants or 
                animals may be considered to be impacts to populations 
                of plants or animals.
            ``(2) Anticipated use of land, water, and other 
        resources.--
                    ``(A) In general.--For purposes of selecting the 
                method or methods of remediation appropriate for a 
                given facility, the President shall identify the 
                current and reasonably anticipated uses of land, water, 
                and other resources at and around the facility and the 
                timing of such uses.
                    ``(B) Institutional controls.--Land use assumptions 
                restricting future use can be used in evaluating 
                remedial alternatives only to the extent that 
                institutional controls meeting the criteria of 
                subsection (g) have been or will be adopted in the 
                final remedy.
                    ``(C) Inclusion in administrative record.--All 
                information considered by the President in evaluating 
                current and reasonably anticipated future land uses 
                under this subsection shall be included in the 
                administrative record under section 113(k).
            ``(3) Site-specific risk assessment.--The President shall 
        use site-specific risk assessment that meets the requirements 
        of the principles set forth in section 132 to--
                    ``(A) determine the nature and extent of risk to 
                human health and the environment;
                    ``(B) assist in establishing remedial objectives 
                for the facility respecting releases or threatened 
                releases, and in identifying geographic areas or 
                exposure pathways of concern; and
                    ``(C) evaluate alternative remedial actions for the 
                facility to determine their risk reduction benefits and 
                assist in selecting the remedial action for the 
                facility that meets the criteria of paragraph (1).
            ``(4) Appropriate remedial action.--
                    ``(A) Remedy evaluation.--The President shall 
                identify appropriate remedial options, including 
                options with a treatment component, that are designed 
                to meet the standards set forth in this section within 
                a reasonable period of time and considering reasonable 
                points of compliance (as determined by the President) 
                and shall select an appropriate remedy by balancing the 
                following factors:
                            ``(i) The effectiveness of the remedy, 
                        including its implementability.
                            ``(ii) The long-term reliability of the 
                        remedy, that is, its capability to achieve 
                        long-term protection of human health and the 
                        environment, including consideration of the 
                        preference for treatment of principal threats.
                            ``(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, including the affected 
                        local government.
                            ``(v) The reasonableness of the cost of the 
                        remedy.
                    ``(B) Consideration of treatment as a component of 
                a remedy.--
                            ``(i) In general.--In balancing factors 
                        under subparagraph (A) and determining the 
                        appropriate remedial action, the President 
                        shall give preference to remedies that include 
                        a treatment component for facilities with 
                        source materials that constitute a principal 
                        threat.
                            ``(ii) Selection of a remedy without a 
                        treatment component.--In the case of a facility 
                        containing source materials that constitute a 
                        principal threat, if the President selects a 
                        remedy that does not include a treatment 
                        component, the President shall publish an 
                        explanation of why such treatment component was 
                        not included in the remedy.'';
            (2) by striking ``The President'' and inserting ``(5) 
        Protective remedies.--The President'';
            (3) by striking ``If the'' and all that follows through 
        ``not selected.'';
            (4) by striking ``(2) The President'' and inserting the 
        following:
            ``(6) Alternative remedial actions.--The President''; and
            (5) by aligning the remainder of the text of paragraph (6) 
        (as designated by paragraph (4) of this subsection) 
        accordingly.
    (b) Applicable Standards.--Section 121(d) (42 U.S.C. 9621(d)) is 
amended--
            (1) in paragraph (1) by striking the last sentence;
            (2) in paragraph (2)(A)--
                    (A) by inserting ``that is generally applicable, 
                that is consistently applied to response actions in the 
                State,'' after ``subparagraph (A),'';
                    (B) by striking ``or is relevant and appropriate 
                under the circumstances of the release or threatened 
                release of such hazardous substance or pollutant or 
                contaminant'';
                    (C) by striking ``or relevant and appropriate'';
                    (D) by striking ``Level Goals'' and inserting 
                ``Levels'';
                    (E) by striking ``goals or'' and inserting ``levels 
                or''; and
                    (F) by adding at the end the following:
``The President shall closely examine whether a requirement is of 
general applicability under clause (ii) if, in practice, the 
requirement only applies to one facility in the State or if the 
requirement only applies to facilities owned or operated by the United 
States.''; and
            (3) by adding at the end the following:
            ``(5) Exclusions.--The standards, requirements, criteria, 
        and limitations referred to in paragraph (2) shall not 
        include--
                    ``(A) any requirement with respect to the return, 
                replacement, or disposal of contaminated media, 
                residuals, or other solid waste or contaminated media 
                into the same medium in or very near existing areas of 
contamination on site; or
                    ``(B) any requirement for a reduction in 
                concentrations of contaminants below background 
                levels.''.
    (c) Institutional Controls.--Section 121 (42 U.S.C. 9621) is 
amended by adding at the end the following:
    ``(g) Institutional Controls.--
            ``(1) Assurances.--In any case in which the President 
        selects a remedial action that relies on restrictions on the 
        use of land, water, or other resources or other activities to 
        provide protection, the President shall ensure that such 
        controls, taken together with other response measures, are 
        adequate to protect human health and the environment. 
        Institutional controls which form a significant portion of the 
        basis for a finding that a set of remedial options will 
        adequately protect human health and the environment must be--
                    ``(A) enforceable;
                    ``(B) publicly noticed; and
                    ``(C) as appropriate for deed restrictions or other 
                similar measure, incorporated in the recordation 
                systems of the appropriate jurisdiction where the 
                property is located.
        The President may allow for a reasonable schedule for 
        appropriate public notice and recordation.
            ``(2) Identification and registry.--Each record of decision 
        with respect to a facility shall clearly identify any 
        institutional controls that restrict uses of land, water, or 
        other resources or other activities at the facility. The 
        President shall also provide the identity of the Government 
        official who is primarily responsible for monitoring and 
        enforcing the institutional controls. The President shall 
        maintain a registry of restrictions on the use of land, water, 
        or other resources through institutional controls that are 
        included in final records of decision as part of the basis of 
        decision at National Priorities List facilities.''.
    (d) Remedial Design.--Section 121 is further amended by adding at 
the end the following:
    ``(h) Remedial Design.--Where appropriate and practicable, remedial 
designs for remedies selected under this section shall seek to 
accommodate existing beneficial uses of the contaminated property and 
shall seek to expedite the return of contaminated property to 
beneficial use, including the return to beneficial use of separate 
areas within a facility prior to completion of the remedial action for 
an entire facility.''.

SEC. 402. HAZARDOUS SUBSTANCE PROPERTY USE.

    Section 104 (42 U.S.C. 9604) is amended by adding at the end the 
following:
    ``(k) Hazardous Substance Property Use.--
            ``(1) Authority of president to acquire easements.--In 
        connection with any remedial action under this Act, in order to 
        prevent exposure to, reduce the likelihood of, or otherwise 
        respond to a release or threatened release of a hazardous 
        substance, pollutant, or contaminant, the President may 
        acquire, at fair market value, or for other consideration as 
        agreed to by the parties, a hazardous substance easement which 
        restricts, limits, or controls the use of land or other natural 
        resources, including specifying permissible or impermissible 
        uses of land, prohibiting specified activities upon property, 
        prohibiting the drilling of wells or use of ground water, or 
        restricting the use of surface water.
            ``(2) Use of easements.--A hazardous substance easement 
        under this subsection may be used wherever institutional 
        controls have been selected as a component of a remedial action 
        under this Act and the National Contingency Plan.
            ``(3) Persons subject to easements.--A hazardous substance 
        easement shall be enforceable in perpetuity (unless terminated 
        and released as provided for in this section) against any owner 
        of the affected property and all persons who subsequently 
        acquire an interest in the property or rights to use the 
        property, including lessees, licensees, and any other person 
        with an interest in the property, without respect to privity or 
        lack of privity of estate or contract, lack of benefit running 
        to any other property, assignment of the easement to another 
        party or sale or other transfer of the burdened property, or 
        any other circumstance which might otherwise affect the 
        enforceability of easements or similar deed restrictions under 
        the laws of the State. The easement shall be binding upon 
        holders of any other interests in the property regardless of 
        whether such interests are recorded or whether they were 
        recorded prior or subsequent to the easement, and shall remain 
        in effect notwithstanding any foreclosure or other assertion of 
        such interests.
            ``(4) Contents of easements.--A hazardous substance 
        easement shall contain, at a minimum--
                    ``(A) a legal description of the property affected;
                    ``(B) the name or names of 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) Recording and filing of easement.--Whenever the 
        President acquires a hazardous substance easement or assigns a 
        hazardous substance easement to another party, the President 
        shall record the easement in the public land records for the 
        jurisdiction in which the affected property is located. If the 
        State has not by law designated an office for the recording of 
        interests in real property or claims or rights burdening real 
        property, the easement shall be filed in the office of the 
        clerk of the United States district court for the district in 
        which the affected property is located and the registry.
            ``(6) Methods of acquiring easements.--The President may 
        acquire a hazardous substance easement by purchase or other 
        agreement, by condemnation, or by any other means permitted by 
        law. Compensation for such easement shall be at fair market 
        value, or for other consideration as agreed to by the parties, 
        for the interest acquired.
            ``(7) Assignment of easements to parties other than the 
        president.--
                    ``(A) Authority to assign.--The President may, 
                where appropriate and with the consent of the State or 
                other governmental entity, assign an easement acquired 
                under this subsection to a State or other governmental 
                entity that has the capability of effectively enforcing 
                the easement over the period of time necessary to 
                achieve the purposes of the easement. In the case of 
                any assignment, the easement shall also be fully 
                enforceable by the assignee. Any assignment of such an 
                easement by the President may be made by following the 
                same procedures as are used for the transfer of an 
                interest in real property to a State under subsection 
                (j).
                    ``(B) Easements held by other persons.--
                            ``(i) Designation as hazardous substance 
                        easements.--Subject to clause (ii), in a case 
                        in which an institutional control is a 
                        component of a remedy selected under section 
                        121 at a facility listed on the National 
                        Priorities List, the owner of property and the 
                        potential holder of a restrictive easement may 
                        expressly designate, in writing, any interest 
                        in property as a hazardous substance easement 
                        within the meaning of this paragraph.
                            ``(ii) Conditions.--An interest in property 
                        may be designated as a hazardous substance 
                        easement under clause (i) if such interest is 
                        granted to a State, an Indian Tribe, or another 
                        governmental entity or other person for the 
                        purpose of restricting or limiting the use of 
                        land, water, or other resources in order to 
                        prevent exposure to, reduce the likelihood of, 
                        or otherwise respond to a release or threatened 
                        release of a hazardous substance, pollutant, or 
                        contaminant from such a facility.
                            ``(iii) Effect of designation.--When 
                        properly recorded or filed under paragraph (5), 
                        a hazardous substance easement designated under 
                        clause (i) shall create the same rights, have 
                        the same legal effect, and be enforceable in 
                        the same manner as a hazardous substance 
                        easement acquired by the President regardless 
                        of whether the interest in property is 
                        otherwise denominated as an easement, covenant, 
                        or any other form of property right.
            ``(8) Public notice.--Not later than 180 days after the 
        date of the enactment of this subsection, the President shall 
        issue regulations regarding the procedures to be used for 
        public notice of proposed property use restrictions. Such 
        regulations shall ensure that before acquiring a hazardous 
        substance easement, 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 Advisory Group 
        established under section 117, the affected community, and the 
        general public.
            ``(9) Termination or modification of easements.--An 
        easement acquired under this subsection shall remain in force 
        until the Administrator approves a modification or termination 
        and release of the easement and, following such approval, the 
        holder of the easement executes and records such modification 
        or termination and release in accordance with the terms of the 
        easement. Such modification or termination shall be recorded in 
        the same manner as the easement. A person may conduct 
        additional response actions at a facility to allow for 
        unrestricted use of the facility and may subsequently request 
        termination of the easement. Such a request shall be granted by 
        the holder of the easement and approved by the President, in 
        the discretion of the holder and the President, if the holder 
        and the President determine that the easement is no longer 
        necessary to protect human health and the environment.
            ``(10) Enforcement.--
                    ``(A) Effect of violations.--Violation of any 
                restriction, limitation, or control imposed under a 
                hazardous substance easement shall have the same effect 
                as failure to comply with an order issued under section 
                106 and relief may be sought either in enforcement 
                actions under section 106(b)(1) or section 120(g), by 
                States under section 121(e)(2), or in citizens suits 
                under section 310. No citizens suit under section 310 
                to enforce such a notice may be commenced if the holder 
of the easement has commenced and is diligently prosecuting an action 
in court to enforce the easement.
                    ``(B) Enforcement actions.--The President may take 
                appropriate enforcement actions to ensure compliance 
                with the terms of the easement whenever the President 
                determines that the terms set forth in the easement are 
                being violated. If the easement is held by a party 
                other than the President and that party has not taken 
                appropriate enforcement actions, the President may 
                notify the party of the violation. If the party does 
                not take appropriate enforcement actions within 30 days 
                of such notification, or sooner in the case of an 
                imminent hazard, the President may initiate such 
                enforcement actions.
                    ``(C) Savings clause.--Nothing in this section 
                shall limit rights or remedies available under other 
                laws.
            ``(11) Applicability of other provisions.--Holding a 
        hazardous substance easement shall not in itself subject either 
        the holder thereof or the owner of the affected property to 
        liability under section 107. Any such easement acquired by the 
        President shall not be subject to the requirements of 
        subsection (j)(2) or section 120(h). Nothing in this subsection 
        limits or modifies the authority of the President pursuant to 
        subsection (j)(1).''.

SEC. 403. RISK ASSESSMENT STANDARDS.

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

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

    ``Risk assessments and characterizations conducted under this Act 
shall--
            ``(1) provide objective assessments, estimates, and 
        characterizations which neither minimize nor exaggerate the 
        nature and magnitude of risks to human health and the 
        environment;
            ``(2) distinguish scientific findings from other 
        considerations;
            ``(3) be based on the best, relevant, and current 
        scientific and technical information, including (A) available 
        epidemiologic data, (B) available data on bioavailability, (C) 
        available or reasonably obtainable site-specific information, 
        and (D) all other relevant information made available to the 
        President; and
            ``(4) be based on an analysis of the weight of scientific 
        evidence that supports conclusions about a problem's potential 
        risk to human health and the environment.''.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. TRUST FUND DEFINED.

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

SEC. 502. INDIAN TRIBES.

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

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

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

SEC. 504. STATE COST SHARE.

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

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

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

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

    ``(a) Application.--Any State or general purpose unit of local 
government for a political subdivision which is affected by a release 
or threatened release at any facility may apply to the President for 
reimbursement under this section.
    ``(b) Reimbursement.--
            ``(1) Emergency response.--The President is authorized to 
        reimburse a State or general purpose unit of local government 
        for expenses incurred in carrying out emergency response 
        actions necessary to prevent or mitigate injury to human health 
        or the environment associated with the release or threatened 
        release of any hazardous substance or pollutant or contaminant. 
        Such actions may include, where appropriate, security fencing 
        to limit access, response to fires and explosions, and other 
        activities which require immediate response at the State or 
        local level.
            ``(2) State or local funds not supplanted.--Reimbursement 
        under this section shall not supplant State or local funds 
        normally provided for response.
    ``(c) Amount.--
            ``(1) Reimbursement to states and general purpose units of 
        local government.--The amount of any reimbursement to a State 
        or general purpose unit of local government under subsection 
        (b)(1) may not exceed $25,000 for a single response. The 
        reimbursement under this section with respect to a single 
        facility shall be limited to the State or general purpose unit 
        of local government having jurisdiction over the political 
        subdivision in which the facility is located.
            ``(2) Limitation.--The amounts allowed for the State and 
        general purpose units of local government may not be combined 
        for any single response action.
    ``(d) Procedure.--Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator within 1 year after the date of the enactment of the 
Recycle America's Land Act of 1999.''.

SEC. 506. STATE ROLE AT FEDERAL FACILITIES.

    Section 120(g) (42 U.S.C. 9620(g)) is amended to read as follows:
    ``(g) State Role at Federal Facilities.--
            ``(1) Enforcement and dispute resolution.--
                    ``(A) In general.--An interagency agreement under 
                this section between a State and any department, 
                agency, or instrumentality of the United States shall 
                be enforceable by the State or the Federal department, 
                agency, or instrumentality in the United States 
                district court for the district in which the facility 
                is located. The district court shall have the 
                jurisdiction to enforce compliance with any provision, 
                standard, regulation, condition, requirement, order, or 
                final determination which has become effective under 
                such agreement, and to impose any appropriate civil 
                penalty provided for any violation of the agreement, 
                not to exceed $25,000 per day.
                    ``(B) Nonconcurrence by state.--At a Federal 
                facility in a State to which the President's 
                authorities under subsection (e)(4) have been 
                transferred pursuant to a cooperative agreement, if the 
                State does not concur in the remedy selection proposed 
                by the Federal department, agency, or instrumentality 
                that owns or operates the facility, the parties shall 
                enter into dispute resolution as provided in the 
                interagency agreement. If there is no interagency 
                agreement, the State shall, not later than 120 days 
                after the transfer of authorities under a cooperative 
                agreement, enter into an agreement with the head of the 
                department, agency, or instrumentality on a process for 
                resolving disputes regarding remedy selection for the 
                facility. If a dispute is unresolved after using the 
                process under the interagency agreement or dispute 
                resolution agreement, the head of the Federal 
                department, agency, or instrumentality that owns the 
                Federal facility and the Governor of the State shall 
                attempt to resolve such dispute by consensus. If no 
                agreement is reached between the head of the Federal 
                department, agency, or instrumentality and the 
                Governor, the State may issue the final determination. 
                In order to compel implementation of the State's 
                selected remedy, the State must bring a civil action in 
                the appropriate United States district court. The 
                district court shall have jurisdiction as provided in 
                subparagraph (A) to issue any relief that may be 
                necessary to implement the remedial action, to impose 
                appropriate civil penalties not to exceed $25,000 per 
                day from the date the selected remedy becomes final, 
                and to review any challenges to the State's final 
                determination consistent with the standards set forth 
                in section 113(j) of this Act.
            ``(2) Limitation.--Except as necessary to implement the 
        transfer of the Administrator's authorities to a State under a 
        cooperative agreement, nothing in this subsection shall be 
        construed as altering, modifying, or impairing in any manner, 
        or authorizing the unilateral modification of, any terms of any 
        agreement, permit, administrative or judicial order, decree, or 
        interagency agreement existing on the effective date of the 
        Recycle America's Land Act of 1999. Any other modifications or 
        revisions of an interagency agreement entered into under this 
        section shall require the consent of all parties to such 
        agreement, and absent such consent the agreement shall remain 
        unchanged.
            ``(3) Effect on other authorities.--Nothing in this 
        subsection shall affect the exercise by a State of any other 
        authorities that may be applicable to Federal facilities in the 
        State.''.

SEC. 507. FEDERAL COST STUDY.

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

SEC. 508. NO PREEMPTION OF STATE LAW CLAIMS.

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

                           TITLE VI--FUNDING

    Subtitle A--Expenditures From the Hazardous Substance Superfund

SEC. 601. EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Expenditures.--Section 111 (42 U.S.C. 9611) is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by striking subsections (a), (b), (c), (d), and (e) and 
        inserting the following:
    ``(a) Expenditures From Hazardous Substance Superfund.--
            ``(1) Subsection (b) expenditures.--The following amounts 
        of amounts appropriated to the Hazardous Substance Superfund 
        after January 1, 2000, pursuant to section 9507(b) of the 
        Internal Revenue Code of 1986, and of amounts credited under 
        section 9602(b) of such Code with respect to those appropriated 
        amounts shall be available for the purposes specified in 
        subsection (b):
                    ``(A) For fiscal year 2000, $300,000,000.
                    ``(B) For fiscal year 2001, $300,000,000.
                    ``(C) For fiscal year 2002, $300,000,000.
                    ``(D) For fiscal year 2003, $300,000,000.
                    ``(E) For fiscal year 2004, $300,000,000.
        Such funds shall remain available until expended.
            ``(2) Subsection (c) expenditures.--There is authorized to 
        be appropriated from the Hazardous Substance Superfund 
        established pursuant to section 9507(b) of the Internal Revenue 
        Code of 1986 not more than $7,500,000,000 for the period 
        beginning October 1, 1999, and ending September 30, 2004, for 
        the purposes specified in subsection (c) of this section.
    ``(b) Payments Related to Certain Reductions, Limitations, and 
Exemptions.--
            ``(1) Funding of exempt party fund share.--The President 
        may use amounts in the Fund made available by subsection (a)(1) 
        for funding the equitable share of liability attributable to 
        exempt parties under section 107(s) and the Fund share under 
        section 131(i).
            ``(2) Limitations.--
                    ``(A) Funding.--Amounts made available by 
                subsection (a)(1) for the purposes of this subsection 
                shall not exceed the following:
                            ``(i) For fiscal year 2000, $300,000,000.
                            ``(ii) For fiscal year 2001, $300,000,000.
                            ``(iii) For fiscal year 2002, $300,000,000.
                            ``(iv) For fiscal year 2003, $300,000,000.
                            ``(v) For fiscal year 2004, $300,000,000.
                    ``(B) Eligible costs.--No funds made available 
                under paragraph (1) may be used for payment of, or 
                reimbursement for, any portion of attorneys' fees that 
                do not constitute necessary costs of response 
                consistent with section 107(a)(2)(B).
    ``(c) Response, Removal, and Remediation.--The President may use 
amounts in the Fund appropriated under subsection (a)(2) for costs of 
response, removal, and remediation (and administrative costs directly 
related to such costs), including the following:
            ``(1) Government response costs.--Payment of governmental 
        response costs incurred pursuant to section 104, including 
        costs incurred pursuant to the Intervention on the High Seas 
        Act.
            ``(2) Private response cost claims.--Payment of any claim 
        for necessary response costs incurred by any other person as a 
        result of carrying out the national contingency plan 
        established under section 105, if such costs are approved under 
        such plan, are reasonable in amount based on open and free 
        competition or fair market value for similar available goods 
        and services, and are certified by the responsible Federal 
        official.
            ``(3) Acquisition costs under section 104(j).--The costs 
        incurred by the President in acquiring real estate or interests 
        in real estate under section 104(j) (relating to acquisition of 
        property).
            ``(4) State and local government reimbursement.--
        Reimbursement to States and local governments under section 
        123; except that during any fiscal year not more than 0.1 
        percent of the total amount appropriated under subsection 
        (a)(2) may be used for such reimbursements.
            ``(5) Contracts and cooperative agreements.--Payment for 
        the implementation of any contract or cooperative agreement 
        under section 104(d).
            ``(6) Natural resource damage assessments.--The costs of 
        assessing both short-term and long-term injury to, destruction 
        of, or loss of any natural resources resulting from a release 
of a hazardous substance.
            ``(7) Natural resource damages.--The costs of Federal or 
        State or Indian tribe efforts in the restoration, 
        rehabilitation, or replacement or acquiring the equivalent of 
        any natural resources injured, destroyed, or lost as a result 
        of a release of a hazardous substance.
    ``(d) Administration, Oversight, Research, and Other Costs.--The 
President may use amounts in the Fund appropriated under subsection 
(a)(2) for the following costs (and administrative costs directly 
related to such costs):
            ``(1) Investigation and enforcement.--The costs of 
        identifying, investigating, and taking enforcement action 
        against releases of hazardous substances.
            ``(2) Overhead.--
                    ``(A) In general.--The costs of providing services, 
                equipment, and other overhead related to the purposes 
                of this Act and section 311 of the Federal Water 
                Pollution Control Act and needed to supplement 
                equipment and services available through contractors 
                and other non-Federal entities.
                    ``(B) Damage assessment capability.--The costs of 
                establishing and maintaining damage assessment 
                capability for any Federal agency involved in strike 
                forces, emergency task forces, or other response teams 
                under the National Contingency Plan.
            ``(3) Employee safety programs.--The cost of maintaining 
        programs otherwise authorized by this Act to protect the health 
        and safety of employees involved in response to hazardous 
        substance releases.
            ``(4) Grants for technical assistance.--The cost of grants 
        under section 117(e) (relating to public participation grants 
        for technical assistance).
            ``(5) Worker training and education grants.--The cost of 
        grants under section 126(g) of the Superfund Amendments and 
        Reauthorization Act of 1986 for training and education of 
        workers to the extent that such costs do not exceed $40,000,000 
        for each of fiscal years 2000, 2001, 2002, 2003, and 2004.
            ``(6) ATSDR activities.--Any costs incurred in accordance 
        with subsection (m) of this section (relating to ATSDR) and 
        section 104(i), including the costs of epidemiologic and 
        laboratory studies, health assessments, and other activities 
        authorized by section 104(i).
            ``(7) Evaluation costs under petition provisions of section 
        105(d).--Costs incurred by the President in evaluation 
        facilities pursuant to petitions under section 105(d) (relating 
        to petitions for assessment of release).
            ``(8) Contract costs under section 104(a)(1).--The costs of 
        contracts or arrangements entered into under section 104(a)(1) 
        to oversee and review the conduct of remedial investigations 
        and feasibility studies undertaken by persons other than the 
        President and the costs of appropriate Federal and State 
        oversight of remedial activities at National Priorities List 
        sites resulting from consent orders or settlement agreements.
            ``(9) Research, development, and demonstration costs under 
        section 311.--The cost of carrying out section 311 (relating to 
        research, development, and demonstration).
            ``(10) Awards under section 109.--The costs of any awards 
        granted under section 109(d) (relating to providing information 
        concerning violations).
    ``(e) Limitations on Natural Resources Claims.--No money in the 
Fund may be used for the payment of any claim under subsection (c)(7) 
or (c)(8) of this section where such expenses are associated with 
injury or loss resulting from long-term exposure to ambient 
concentrations of air pollutants from multiple or diffuse sources.
    ``(f) Other Limitations.--
            ``(1) Limitations on payments of claims.--Claims against or 
        presented to the Fund shall not be valid or paid in excess of 
        the total unobligated balance in the Fund at any one time. Such 
        claims become valid and are payable only when additional money 
        is collected, appropriated, or otherwise added to the Fund. 
        Should the total claims outstanding at any time exceed the 
        current balance of the Fund, the President shall pay such 
        claims, to the extent authorized under this section, in full in 
        the order in which they were finally determined.
            ``(2) Remedial actions at federally owned facilities.--No 
        money in the Fund shall be available for costs of remedial 
        action, other than costs specified in subsection (d), with 
        respect to federally owned facilities; except that money in the 
        Fund shall be available for the provision of alternative water 
        supplies (including the reimbursement of costs incurred by a 
        municipality) in any case involving groundwater contamination 
        outside the boundaries of a federally owned facility in which 
        the federally owned facility is not the only potentially 
        responsible party.
            ``(3) Remedial actions at facilities not listed on npl.--No 
        money in the Fund shall be available for response actions that 
        are not removal actions under section 101(23) with respect to 
        any facility that is not listed on the National Priorities 
        List.''.
    (b) Additional Amendment.--
            (1) Section 111.--Section 111 (42 U.S.C. 9611) is further 
        amended by striking subsections (j) and (n).
            (2) Section 107.--Section 107 (42 U.S.C. 9607) is amended 
        by striking subsection (k).

SEC. 602. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

    (a) Authorization.--Section 111(p)(1) is amended to read as 
follows:
            ``(1) In general.--The following sums are authorized to be 
        appropriated, out of any money in the Treasury not otherwise 
        appropriated, to the Hazardous Substance Superfund:
                    ``(A) For fiscal year 2000, $250,000,000.
                    ``(B) For fiscal year 2001, $250,000,000.
                    ``(C) For fiscal year 2002, $250,000,000.
                    ``(D) For fiscal year 2003, $250,000,000.
                    ``(E) For fiscal year 2004, $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 as has not been appropriated 
        before the beginning of the fiscal year involved.''.
    (b) Repeal of Duplicative Authorization.--Subsection (b) of section 
517 of the Superfund Amendments and Reauthorization Act of 1986 (26 
U.S.C. 9507 note) is hereby repealed.
    (c) Conforming Amendment.--Section 9507(a)(2) of the Internal 
Revenue Code of 1986 is amended by striking ``section 517(b) of the 
Superfund Revenue Act of 1986'' and inserting ``section 111(p) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9611(p))''.

         Subtitle B--Extension of Hazardous Substance Superfund

SEC. 611. EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Extension of Taxes.--
            (1) Paragraph (1) of section 59A(e) of the Internal Revenue 
        Code of 1986 is amended to read as follows:
            ``(1) In general.--The tax imposed by this section shall 
        apply to taxable years beginning after December 31, 1999, and 
        before January 1, 2004.''
            (2) Paragraph (1) of section 4611(e) of such Code is 
        amended to read as follows:
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the Hazardous Substance Superfund financing rate under 
        this section shall apply after December 31, 1999, and before 
        January 1, 2004.''
            (3) Paragraph (2) of section 4611(e) of such Code is 
        amended--
                    (A) by striking ``1993'' and inserting ``2000'';
                    (B) by striking ``1994'' each place it appears and 
                inserting ``2001'';
                    (C) by striking ``1995'' each place it appears and 
                inserting ``2002''; and
                    (D) by striking ``$3,500,000,000'' each place it 
                appears and inserting ``$1,800,000,000''.
    (b) 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, 2002''.
    (c) Trust Fund Purposes.--Paragraph (1) of section 9507(c) of such 
Code is amended by striking subparagraphs (A) and (B) and inserting the 
following new subparagraphs:
                    ``(A) to carry out the purposes specified in 
                subsections (b), (c), and (d) of section 111 CERCLA, or
                    ``(B) hereafter authorized by a law which does not 
                authorize the expenditure out of the Superfund for a 
                general purpose not covered by subparagraph (A).''
    (d) Coordination With Other Provisions.--Paragraph (2) of section 
9507(e) of such Code is amended by striking ``CERCLA'' and all that 
follows through ``Acts)'' and inserting ``CERCLA, the Superfund 
Amendments and Reauthorization Act of 1986, and Recycle America's Land 
Act of 1999 (or in any amendment made by any of such Acts)''.
                                 <all>
```