I
104TH CONGRESS
1ST SESSION
H. R. 1381
To establish a national program to stimulate urban economic redevelopment
through environmental remediation and restoration, as well as through
the development of inner city businesses and employment in the fields
of environmental response, remediation, and restoration.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 1995
Mrs. MEEK of Florida introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Commerce, Economic and Educational Opportunities, National Security,
and Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To establish a national program to stimulate urban economic
redevelopment through environmental remediation and
restoration, as well as through the development of inner
city businesses and employment in the fields of environ-
mental response, remediation, and restoration.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Economic and Environmental Recovery
Act of 1995’’.
(b) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title and table of contents.
TITLE I—VOLUNTARY ENVIRONMENTAL CLEANUP
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Implementation and regulations.
Sec. 104. Cleanup plans.
Sec. 105. Cleanup loan program.
Sec. 106. Tax treatment of voluntary cleanup costs.
TITLE II—NATIONAL ENVIRONMENTAL BUSINESS DEVELOPMENT
PROGRAM
Sec. 201. Purpose.
Sec. 202. Tax incentives for business startups.
TITLE III—NATIONAL ENVIRONMENTAL RESPONSE,
REMEDIATION, AND RESTORATION TRAINING PROGRAMS
Subtitle A—National Environmental Response Training Program
Sec. 301. Definitions.
Sec. 302. Establishment.
Sec. 303. Grants to environmental training providers.
Sec. 304. Training and certification in environmental response and environ-
mental emergency response.
Sec. 305. Secondary education program.
Subtitle B—National Environmental Remediation and Restoration Training
Program
Sec. 311. Purpose.
Sec. 312. Education and training program.
Sec. 313. Grant program.
TITLE IV—NATIONAL ENVIRONMENT-RELATED EMPLOYMENT
PROGRAM
Sec. 401. Hiring incentives.
Sec. 402. Definitions.
TITLE I—VOLUNTARY
ENVIRONMENTAL CLEANUP
SEC. 101. PURPOSES.
The purposes of this title are—
(1) to significantly increase the pace of environ-
mental cleanup by establishing a loan program to
conduct voluntary cleanups; and
(2) to benefit public health and welfare, and the
environment, by returning contaminated sites to eco-
nomically productive or other beneficial uses.
SEC. 102. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) INNOCENT LANDOWNER.—The term ‘‘inno-
cent landowner’’ means a person—
(A) who either intends to own, as ex-
pressed as an option to buy or other formal
agreement, or who owns, an affected site; and
(B) who did not, by act or omission, cause
or contribute to any contamination or to any re-
lease or threatened release of a hazardous sub-
stance on the affected site.
(3) RESPONSIBLE OWNER.—The term ‘‘respon-
sible owner’’ means a person who owns an affected
site on which industrial activities take place.
(4) PERSON.—The term ‘‘person’’ means an in-
dividual, a State, or a local government.
(5) AFFECTED SITE.—The term ‘‘affected site’’
means a facility that has environmental contamina-
tion that—
(A) could prevent the timely use, develop-
ment, reuse or redevelopment of the facility;
and
(B) is limited in scope and can be com-
prehensively characterized and readily analyzed.
(6) FACILITY.—The term ‘‘facility’’ has the
meaning provided by section 101(8) of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 (9)).
(7) ENVIRONMENTAL
CONTAMINATION.—The
term ‘‘environmental contamination’’ or ‘‘contamina-
tion’’ means the existence at a facility of one or
more contaminants that may pose a health or envi-
ronmental risk.
(8) CONTAMINANT.—The term ‘‘contaminant’’
includes any hazardous substance and oil, as defined
in section 1001(23) of the Oil Pollution Act of 1990
(33 U.S.C. 2701 (23)).
(9) HAZARDOUS SUBSTANCE.—The term ‘‘haz-
ardous substance’’ has the meaning provided by sec-
tion 101(14) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 (14)).
(10) ENVIRONMENT.—The term ‘‘environment’’
has the meaning provided by section 1001(8) of the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601(8)).
SEC. 103. IMPLEMENTATION AND REGULATIONS.
The Environmental Protection Agency shall imple-
ment this title and may promulgate any regulations need-
ed to do so. Any regulations needed to promulgate this
title shall be proposed by the Environmental Protection
Agency no later than 6 months after the date of the enact-
ment of this Act and shall be promulgated no later than
18 months after such date of enactment.
SEC. 104. CLEANUP PLANS.
(a) SUBMISSION.—An innocent landowner or a re-
sponsible owner may submit a cleanup plan with respect
to an affected site to the Administrator for review and
approval.
(b) CONTENTS.—A cleanup plan shall include the fol-
lowing with respect to the affected site:
(1) An environmental assessment of the af-
fected site which describes the nature and extent of
a release or potential release of a hazardous sub-
stance and the risk it poses to public health and the
environment.
(2) Proposals to remediate any contamination
or condition causing a release or threatened release
which poses a risk to public health or the environ-
ment.
(3) Descriptions of measures needed to remove
a hazardous substance from the affected site, and a
timetable for implementing the measures and for
monitoring the measures after they have been com-
pleted.
(c) EPA REVIEW.—The Administrator shall review
a plan submitted under subsection (a) and, in consultation
with the appropriate natural resource trustee, make a de-
cision on whether the plan meets the requirements of this
section not later than 90 days after receipt of the plan.
(d) PUBLIC REVIEW.—After the Administrator re-
views a proposed cleanup plan, the plan shall be subject
to a 30-day public review and comment period. Notice of
the proposed plan shall be published in the Federal Reg-
ister and a newspaper of general circulation serving the
area in which the identified property is located. The Ad-
ministrator may hold a public hearing on the plan if one
is requested.
(e) EPA APPROVAL.—Not later than 60 days after
the public review and comment period for a proposed
cleanup plan, the Administrator shall approve or dis-
approve the plan.
SEC. 105. CLEANUP LOAN PROGRAM.
(a) ESTABLISHMENT.—There is hereby established a
separate account in the United States Treasury to be
known as the Cleanup Loan Fund, which shall be a special
fund administered by the Administrator. Within 60 days
after the date of the enactment of this Act, the Adminis-
trator shall finalize guidelines and issue application forms
to administer the Cleanup Loan Fund.
(b) PURPOSE.—The purpose of the Cleanup Loan
Fund is to provide funding to persons undertaking the de-
velopment and implementation of an approved cleanup
plan.
(c) LOAN APPROVAL.—In determining whether to
award a loan under this section, the Administrator shall
consider—
(1) the need of the applicant for financial as-
sistance to clean up the affected site that is the sub-
isfied. The lien shall arise at the time the United
States grants a loan under this section, and shall
not be subject to the rights of any purchaser, holder
of a security interest, or judgment lien creditor
whose interest is or has been perfected under appli-
cable State law, except that any interest held by the
United States as security for a loan under this sec-
tion shall be subordinate to any lien on the property
for taxes due on the property to a State or political
subdivision of a State.
(2) DEFINITIONS.—As used in this paragraph,
the terms ‘‘security interest’’ and ‘‘purchaser’’ shall
have the meaning provided the terms in paragraphs
(1) and (6), respectively, under section 6323(h) of
the Internal Revenue Code of 1986.
(f) ENFORCEMENT.—
(1) IN GENERAL.—If any person fails to comply
with any condition of a loan agreement entered into
pursuant to this section, the Administrator may re-
quest the Attorney General of the United States to
commence a civil action in an appropriate district
court of the United States to enforce the loan agree-
ment.
(2) JURISDICTION OF DISTRICT COURT.—The
district court shall have jurisdiction to enforce the
loan agreement and grant such relief as the public
interest and the equities of the case may require.
(g) FUNDS.—In addition to any funds appropriated
by Congress, at least $10,000,000 shall be transferred on
July 1 of each year from the Hazardous Substance
Superfund to the Cleanup Loan Fund. Monies received by
the Administrator as repayment of outstanding loans shall
be deposited in the Cleanup Loan Fund. Any interest
earned by monies in the Cleanup Loan Fund shall remain
in the Fund. The first transfer of funds from the Hazard-
ous Substance Superfund required by this paragraph shall
occur within 60 days after the date of the enactment of
this Act.
(h) ANNUAL REPORT.—On October 1 of each year,
the Administrator shall submit to Congress a report on
the loans, expenditures, and commitments made from the
Cleanup Loan Fund.
SEC. 106. TAX TREATMENT OF VOLUNTARY CLEANUP
COSTS.
(a) IN GENERAL.—Section 162 of the Internal Reve-
nue Code of 1986 (relating to trade or business expenses)
is amended by adding at the end the following new sub-
section:
‘‘(m) VOLUNTARY CLEANUP COSTS.—The deduction
allowed by subsection (a) shall include all amounts paid
or incurred in connection with preparing and implement-
ing an approved cleanup plan under title I of the Com-
prehensive Economic and Environmental Recovery Act of
1995.’’.
(b) EFFECTIVE DATE.—Subsection (m) of section
162 of the Internal Revenue Code of 1986, as added by
subsection (a), shall apply with respect to taxable years
beginning after the date of enactment of this Act.
TITLE II—NATIONAL ENVIRON-
MENTAL BUSINESS DEVELOP-
MENT PROGRAM
SEC. 201. PURPOSE.
The purpose of this title is to stimulate the creation
of environmental jobs and business opportunities by indi-
viduals and small businesses in targeted urban areas
through reduction of the social security tax burden.
SEC. 202. TAX INCENTIVES FOR BUSINESS STARTUPS.
(a) CORPORATIONS.—
(1) IN GENERAL.—Section 3111 of the Internal
Revenue Code of 1986 (relating to employer social
security taxes) is amended by adding at the end the
following new subsection:
‘‘(d) NEW ENVIRONMENTAL BUSINESSES EXEMPT
FROM TAX.—
‘‘(1) IN GENERAL.—No tax shall be imposed by
this section on the wages paid during a calendar
year to any owner-employee of an employer which is
a new environmental business for such calendar
year.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to wages paid during any calendar year to an
owner-employee after the first $100,000 of wages
are paid to such employee during such year.
‘‘(3) NEW
ENVIRONMENTAL
BUSINESS.—For
purposes of this subsection, the term ‘new environ-
mental business’ means, with respect to any cal-
endar year, any corporation—
‘‘(A) which is a small business concern (as
defined pursuant to section 3 of the Small
Business Act),
‘‘(B) which meets requirements similar to
the requirements of section 1397B with respect
to a targeted urban area,
‘‘(C) which is a new business for such cal-
endar year, and
‘‘(D) which, during such year—
‘‘(i) trains and certifies environmental
response employees and emergency re-
sponders,
‘‘(ii) employs environmental response
employees and emergency responders, or
‘‘(iii) performs environmental assess-
ments, environmental remediation, or envi-
ronmental restoration.
‘‘(4) NEW
BUSINESS.—For purposes of this
subsection, the term ‘new business’ means, with re-
spect to any calendar year, any corporation if no
principal shareholder of such entity was engaged in
any trade or business for periods aggregating more
than 3 years during the 10-year period preceding
such calendar year.
‘‘(5) PRINCIPAL SHAREHOLDER.—For purposes
of this subsection, the term ‘principal shareholder’
means any person who directly or indirectly owns—
‘‘(A) stock having more than 5 percent of
the total voting power of the stock of the cor-
poration, or
‘‘(B) stock having a value equal to more
than 5 percent of the total value of the stock
of the corporation.
‘‘(6) OWNER-EMPLOYEE.—For purposes of this
subsection, the term ‘owner-employee’ means any
employee who is a principal shareholder of the em-
ployer.
‘‘(7) TARGETED URBAN AREA.—For purposes
of this subsection, the term ‘targeted urban area’
means an urban area that meets the eligibility cri-
teria in section 1392.
‘‘(8) 
ENVIRONMENTAL
RESTORATION.—For
purposes of this subsection, the term ‘environmental
restoration’ means to return a site, or some of its
components, to as reasonably as close to a natural,
predisturbance condition as is justifiable, with con-
sideration given to the implementation and the op-
portunity costs incurred.
‘‘(9) OTHER
DEFINITIONS.—For purposes of
this subsection, the terms ‘environmental response
employees’ and ‘emergency responders’ have the
meanings given those terms by section 301 of the
Comprehensive Economic and Environmental Recov-
ery Act of 1995.
‘‘(10) TERMINATION.—Paragraph (1) shall not
apply to wages paid in any calendar year after
2000.’’
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall apply to wages paid in cal-
endar years beginning after the date of the enact-
ment of this Act.
(b) COMPARABLE TREATMENT FOR SOLE PROPRI-
ETORSHIPS AND PARTNERSHIPS.—
(1) IN GENERAL.—Section 1402 of such Code
is amended by adding at the end the following new
subsection:
‘‘(k) NEW ENVIRONMENTAL BUSINESSES OWNERS
EXEMPT FROM TAX.—
‘‘(1) IN GENERAL.—In the case of a principal
owner of a new environmental business, the rate of
tax imposed by section 1401 shall be 50 percent of
the otherwise applicable rate on so much of the net
earnings from self-employment for the taxable year
which are attributable to such business as do not ex-
ceed the excess of—
‘‘(A) $100,000, reduced by
‘‘(B) the amount of wages—
‘‘(i) which are received by such owner
during the calendar year in which such
taxable year begins, and
‘‘(ii) on which no tax was imposed by
section 3111 by reason of subsection (d)
thereof.
‘‘(2) NEW
ENVIRONMENTAL
BUSINESS.—For
purposes of this subsection, the term ‘new environ-
mental business’ means, with respect to any taxable
year beginning in a calendar year, any sole propri-
etorship or partnership—
‘‘(A) which meets the requirements of sub-
paragraphs (A), (B), and (D) of section
3111(d)(3) for such calendar year, and
‘‘(B) which is a new business for such cal-
endar year.
‘‘(3) NEW
BUSINESS.—For purposes of this
subsection, the term ‘new business’ means, with re-
spect to any calendar year, any sole proprietorship
or partnership if no principal owner thereof was en-
gaged in any trade or business for periods aggregat-
ing more than 3 years during the 10-year period
preceding such calendar year.
‘‘(4) PRINCIPAL OWNER.—For purposes of this
subsection, the term ‘principal owner’ means—
‘‘(i) in the case of a sole proprietorship,
the sole proprietor, and
‘‘(ii) in the case of a partnership, any part-
ner who directly or indirectly owns more than
5 percent of the capital or profits interests in
the partnership.
‘‘(5) TERMINATION.—Paragraph (1) shall not
apply to any taxable year beginning after December
31, 2000.’’
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall apply to taxable years begin-
ning after the date of the enactment of this Act.
TITLE III—NATIONAL ENVIRON-
MENTAL RESPONSE, REMEDI-
ATION, 
AND 
RESTORATION
TRAINING PROGRAMS
Subtitle 
A—National 
Environ-
mental Response Training Pro-
gram
SEC. 301. DEFINITIONS.
For purposes of this subtitle, the following definitions
apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor.
(3) ENVIRONMENTAL RESPONSE EMPLOYEE.—
The term ‘‘environmental response employee’’ means
an individual who is employed by an environmental
response employer and who in the course of the indi-
vidual’s employment is directly engaged in carrying
out environmental response actions.
(4) 
EMERGENCY
RESPONDER.—The 
term
‘‘emergency responder’’ means a person who works
in the field of environmental emergency response.
The term includes the following:
(A) Full-time career firefighters or emer-
gency response personnel who are members of
a local or State agency or an organized depart-
ment with statutory responsibility for response
to hazardous materials incidents on demand
without regard to location.
(B) Part-time, seasonal, or reserve fire-
fighters or emergency response personnel who
receive payment, including an annual stipend or
payment on a per call or pet call or per hour
basis. For purposes of this subparagraph, pay-
ment does not include indirect compensation
such as insurance or retirement benefits.
(C) Part-time, seasonal, or reserve fire-
fighters or emergency personnel who do not re-
ceive payment other than indirect compensation
such as insurance or retirement benefits.
(D) Firefighters under contract to a cor-
poration or other business entity, including—
(i) full time, paid firefighters orga-
nized as an industrial fire brigade, and
(ii) maintenance engineering person-
nel who are expected to respond to hazard-
ous materials incidents individually or as a
team and usually on a temporary basis.
(E) Employees of an employer engaged in
clean-up operations at uncontrolled waste sites,
sites covered by the Solid Waste Disposal Act,
and treatment, storage, or disposal facilities
who are intended to function as the on-site
emergency response personnel in accordance
with the employers emergency response.
(5) ENVIRONMENTAL
TRAINING
PROVIDER.—
The term ‘‘environmental training provider’’ means
a person who provides or offers to provide training
for environmental response employers, environmental
response employees, and any other persons carrying
out environmental response actions.
(6) ENVIRONMENTAL
RESPONSE.—The term
‘‘environmental response’’ or ‘‘environmental re-
sponse action’’—
(A) with respect to a hazardous substance,
has the meaning provided the terms ‘‘respond’’
and ‘‘response’’ in section 101(25) of the Com-
prehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C.
9601(25));
(B) with respect to asbestos-containing
material, has the meaning provided the term
‘‘response action’’ by section 202(11) of the
Toxic Substances Control Act (15 U.S.C.
2642(11)); and
(C) with respect to a lead-based paint haz-
ard, has the meaning provided the term ‘‘abate-
ment’’ by section 401(1) of the Toxic Sub-
stances Control Act (15 U.S.C. 2681(1)).
(7) 
ENVIRONMENTAL
EMERGENCY
RE-
SPONSE.—The term ‘‘environmental emergency re-
sponse’’ means any action taken by an emergency
responder in response to a release of a substance or
material that poses an unreasonable risk to safety,
health, or property, or to waterways and the envi-
ronment.
(8) ENVIRONMENTAL RESPONSE EMPLOYER.—
The term ‘‘environmental response employer’’ means
an individual or business entity that—
(A) is or may be carrying out environ-
mental response actions directly, under con-
tract, subcontract, or otherwise; and
(B) uses one or more of its employees in
connection with such activity.
(9) QUALIFIED INDIVIDUAL.—The term ‘‘quali-
fied individual’’ means a person who is a resident of
a targeted urban area and is either in high school
or has a high school diploma or its equivalent and
is unemployed or underemployed.
(10) TARGETED URBAN AREA.—The term ‘‘tar-
geted urban area’’ means an urban area that meets
the eligibility criteria in section 1392 of the Internal
Revenue Code of 1986.
SEC. 302. ESTABLISHMENT.
(a) IN GENERAL.—The Secretary shall establish a
National Environmental Response Training Program for
the purpose of—
(1) training and certifying, in accordance with
section 304, targeted urban area residents who are
unemployed or underemployed to become environ-
mental response employees and emergency respond-
ers; and
(2) providing grants, in accordance with section
303, to environmental training providers.
(b) REGULATIONS.—Not later than one year after the
date of enactment of this Act, the Secretary, in consulta-
tion with the Administrator of the Environmental Protec-
tion Agency and the Secretary of Health and Human
Services (acting through the Director of the National In-
stitute for Occupational Safety and Health), shall promul-
gate final regulations to carry out subsection (a).
SEC. 
303. 
GRANTS 
TO 
ENVIRONMENTAL 
TRAINING
PROVIDERS.
(a) ESTABLISHMENT.—The Secretary and the Ad-
ministrator shall provide grants to public agencies and
non-profit organizations qualifying as environmental
training providers, as determined by the Secretary and the
Administrator, for the purpose of training qualified indi-
viduals in the field of environmental response or environ-
mental emergency response.
(b) GRANT ELIGIBILITY CRITERIA.—An organization
is eligible to receive a grant from the Secretary and Ad-
ministrator under subsection (a) if it—
(1) demonstrates, to the satisfaction of the Sec-
retaries and Administrator, an ability to recruit and
counsel qualified individuals for participation in the
program under this section;
(2) has entered into an agreement with a joint
labor-management training fund established consist-
ent with section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)) to implement and operate a
training and employment program for qualified indi-
viduals;
(3) agrees under the agreement referred to in
paragraph (2) to use grant funds to carry out a pro-
gram that will provide qualified individuals with
training for employment in the field of environ-
mental response or environmental emergency re-
sponse;
(4) agrees that the training provided to any
qualified individual may not exceed a period of 18
months;
(5) demonstrates actual experience in providing
training for qualified individuals under an agreement
referred to in paragraph (2);
(6) agrees to make, and agrees to require its
subgrantees to make, a substantial in-kind contribu-
tion (as determined by the Secretary and Adminis-
trator) from non-Federal sources to the program
under this section; and
(7) gives its assurances, to the satisfaction of
the Secretary that full-time, permanent jobs will be
available for individuals successfully completing the
training program, with a special emphasis on jobs
with employers in field of environmental response or
environmental emergency response in the targeted
urban area.
(c) USE OF FUNDS.—Funds made available to carry
out this section may only be used for tuition and local
travel expenses of participants, except that the Secretary
of Labor, Secretary of Education, and Administrator may
provide that not more than a total of 4 percent of all the
funds made available under this section may be used for
administrative expenses of grantees and subgrantees.
(d) LIMITATION
ON
TUITION
CHARGED.—The
amount of tuition charged qualified individuals participat-
ing in a training program funded under a grant received
under this section may not exceed the amount of tuition
charged to others participating in programs substantially
similar to that training program.
SEC. 304. TRAINING AND CERTIFICATION IN ENVIRON-
MENTAL RESPONSE AND ENVIRONMENTAL
EMERGENCY RESPONSE.
(a) TRAINING PROGRAM.—
(1) 
ESTABLISHMENT.—Not 
later 
than 
months after the date of the enactment of this Act,
the Administrator and the Secretary shall establish
a training program for qualified individuals in order
to enable such individuals to acquire employment in
field of environmental response or environmental
emergency response and to become certified under
subsection (b).
(2) PROGRAM ACTIVITIES.—The program estab-
lished pursuant to paragraph (1) shall include train-
ing related to the fields of environmental response
and environmental emergency response, including
the training described in paragraph (3). The pro-
gram may include educational activities and training
related to construction, containment of oil and haz-
ardous waste, removal of oil and hazardous waste,
and disposal of oil and hazardous waste.
(3) SPECIFIC TRAINING REQUIREMENTS.—The
program established pursuant to paragraph (1) shall
include the following requirements:
(A) HAZARDOUS WASTE SITE WORKERS.—
(i) For general hazardous waste site
workers (as defined by the Secretary pur-
suant 
to 
section 
126(b)(2) 
of 
the
Superfund Amendments and Reauthoriza-
tion Act of 1986), at least 40 hours of
training, including a minimum of 18 hours
of hands-on training. The Secretary shall,
in addition, consider the degree and range
of risks encountered by different trades or
categories of environmental response em-