186
‘‘(I) the level of any maximum contami-
nant level or non-zero maximum contaminant
level goal for any hazardous substance, pollut-
ant, or contaminant which has been established
under title XIV of the Public Health Service
Act (the Safe Drinking Water Act), and
‘‘(II) a protective concentration level that
attains the goal in paragraph (1) for any other
hazardous substance, pollutant, or contaminant.
Attainment of such levels shall satisfy the require-
ments of paragraph (1). Each total remedy selected
under this Act and each protective concentration
level established under this subsection shall achieve
the goal of this subparagraph in the ground water
or surface water unless the President makes a find-
ing which is published with an explanation and ap-
propriate documentation that the achievement of the
goal is technically impracticable from an engineering
perspective or, in the case of ground water that
meets the requirements of subsection (b)(4)(C) and
has low levels of contamination relative to such goal,
compliance with or attainment of such goal is unrea-
sonably costly considering the factors under sub-
section (b)(4)(A). Upon making such a finding, the
187
President shall publish the alternative remedial
strategy and its goals.
‘‘(ii) For the purpose of this section, the phrase
‘ground water that may be used for drinking water’
shall not include ground waters (I) containing more
than 10,000 milligrams per liter total dissolved sol-
ids, (II) that are so contaminated by naturally oc-
curring conditions or by the effects of broad-scale
human activity unrelated to a specific activity that
restoration of drinking water quality is impractica-
ble, or (III) the potential source of drinking water
is physically incapable of yielding a quantity of 150
gallons per day of water to a well or spring without
adverse environmental consequences.
‘‘(iii) Remedial actions for contaminated ground
water (other than ground water that may be used
for drinking water) shall attain levels appropriate for
the current or reasonably anticipated future use of
such ground water, or levels appropriate considering
the current use of any ground water or surface
water to which such contaminated ground water dis-
charges.
‘‘(iv) Concentration levels other than those re-
quired under clause (i) may be established for
ground water that may be used for drinking water
188
in any case in which the following conditions are
met:
‘‘(I) The President determines that the use
of alternate concentration levels is appropriate.
‘‘(II) There are known and projected
points of entry of such ground water into sur-
face water.
‘‘(III) On the basis of measurements or
projections, there is or will be no increase of
such constituents that would pose a threat to
human health or the environment from such
ground water in such surface water.
‘‘(IV) The remedial action includes en-
forceable measures that will preclude human ex-
posure to the contaminated ground water within
the facility and up to all known and projected
points of entry of such ground water into sur-
face water.
‘‘(V) Monitoring to ensure attainment of
the alternative concentration level is conducted
in ground water at a point or points imme-
diately prior to where the ground water enters
into surface water. In such cases, the point of
human exposure may be assumed to be at such
known and projected points of entry.
189
‘‘(v) Not later than 18 months after the date of
the enactment of the Superfund Reform Act of
1995, after notice and comment, the President shall
publish guidance as to determinations of technical
impracticability from an engineering perspective to
achieve the goal of this subparagraph, for use in the
selection of remedies for contaminated ground water
under subsection (b). Such guidance shall identify
certain hazardous substances, pollutants, or con-
taminants and certain geological or hydrological
characteristics of facilities with ground water con-
tamination, or combinations thereof, for which res-
toration in accordance with subclauses (I) and (II)
of clause (i) may be from an engineering perspective
technically impracticable or technically practicable.
Such guidance shall be taken into consideration
under subsection (b)(4)(A)(vii) and this subpara-
graph.
‘‘(vi) The President shall make findings of tech-
nical impracticability from an engineering perspec-
tive (including findings under this subparagraph or
subparagraph (E) or subsection (b)(4)(A) on the
basis of projections, modeling, measures undertaken
under subsection (b)(4)(B), or other analysis on a
site specific basis (including the consideration of in-
190
formation presented by responsible parties at such
facility) without a requirement that the remedial
measure for which a finding of technical imprac-
ticability is under consideration be first constructed
or installed and operated and its performance over
time reviewed, unless such projection, modeling,
measure, or other analysis are insufficient or inad-
equate to make such a finding.
‘‘(D) Procedural requirements of Federal and
State standards, requirements, criteria, or limita-
tions, including permitting requirements, shall not
apply to response actions conducted on-site. Compli-
ance with subparagraph (A) shall not be required
with respect to return, replacement, or disposal of
contaminated media or residuals of contaminated
media into the same medium in or very near existing
areas of contamination on-site.
‘‘(E)(i) The President may select a remedial ac-
tion meeting the requirements of paragraph (1) that
does not comply with or attain a Federal or State
standard, requirement, criterion, or limitation as re-
quired by subparagraphs (A) and (C), if the Presi-
dent finds any of the following:
‘‘(I) The remedial action selected is only
part of a total remedial action that will comply
191
with or attain the applicable requirements of
subparagraphs (A) and (C) of this paragraph
when completed.
‘‘(II) Compliance with or attainment of
such requirement at that facility will result in
greater risk to human health and the environ-
ment than alternative options.
‘‘(III) Compliance with or attainment of
such requirement is technically impracticable
from an engineering perspective.
‘‘(IV) The remedial action selected will at-
tain a standard of performance that is equiva-
lent to that required under a standard, require-
ment, criterion, or limitation identified under
subparagraph (A) through use of another
approach.
‘‘(V) With respect to a State standard, re-
quirement, criterion, or limitation under clauses
(i), (ii), and (iii) of subparagraph (A), the State
has not consistently applied (or demonstrated
the intention to consistently apply) the stand-
ard, requirement, criterion, or limitation in
similar circumstances at other remedial actions
within the State.
192
‘‘(VI) In the case of a remedial action to
be undertaken solely under section 104 using
the Fund, a selection of a remedial action that
complies with or attains standards, criteria, re-
quirements, or limitations will not provide a
balance between the need for protection of pub-
lic health and welfare and the environment at
the facility under consideration, and the avail-
ability of amounts from the Fund to respond to
other facilities that present or may present a
threat to public health or welfare or the envi-
ronment, taking into consideration the relative
immediacy of such threat.
‘‘(ii) The President shall publish any findings
made under clause (i), together with an explanation
and appropriate documentation.
‘‘(8)(A) Except as provided in subparagraph
(B), a State standard, requirement, criteria, or limi-
tation (including any State siting standard or re-
quirement) which could effectively result in the
statewide prohibition of land disposal of hazardous
substances, pollutants, or contaminants shall not
apply.
193
‘‘(B) Any State standard, requirement, criteria,
or limitation referred to in subparagraph (A) shall
apply where each of the following conditions is met:
‘‘(i) The State standard, requirement, cri-
teria, or limitation is of general applicability
and was adopted by formal means.
‘‘(ii) The State standard, requirement, cri-
teria, or limitation was adopted on the basis of
hydrologic, geologic, or other relevant consider-
ations and was not adopted for the purpose of
precluding onsite remedial actions or other land
disposal for reasons unrelated to protection of
human health and the environment.
‘‘(iii) The State arranges for, and assures
payment of the incremental costs of utilizing, a
facility for disposition of the hazardous sub-
stances, 
pollutants, 
or 
contaminants 
con-
cerned.’’.
SEC. 502. REMEDY SELECTION.
Section 121(b) (42 U.S.C. 9621(b)) is amended to
read as follows:
‘‘(b) GENERAL RULES.—
‘‘(1) SELECTION OF PROTECTIVE REMEDIES.—
Remedies selected at individual facilities shall be
protective of human health and the environment and
194
provide long-term reliability at reasonable cost. A re-
medial action may achieve protection of human
health and the environment through treatment that
reduces the toxicity, mobility, or volume of hazard-
ous substances, pollutants, or contaminants; contain-
ment or other engineering controls to limit exposure;
a combination of treatment and containment; or
other methods of protection. The method or methods
of remediation appropriate for a given facility shall
be determined through the evaluation of remedial al-
ternatives and the selection process under para-
graphs (2) and (3). When determining the appro-
priate remedial method, treatment is to be preferred
for hot spots as defined under paragraph (3)(B).
This preference shall not apply to materials that do
not constitute hot spots.
‘‘(2) LAND USE.—(A) In selecting a remedy,
the President shall take into account the reasonably
anticipated future uses of land at a facility as re-
quired by this Act. In identifying reasonably antici-
pated future land uses the President shall consider
factors, which generally shall include the following:
‘‘(i) Any consensus recommendation of the
Community Working Group and any other
views expressed by members of the affected
195
community except that, with respect to a Fed-
eral facility scheduled for closure or realign-
ment, the President shall consider any joint
concensus recommendation of the Community
Working Group and a redevelopment authority
which has been established for such facility.
‘‘(ii) The land use history of the facility
and surrounding properties, the current land
uses of the facility and surrounding properties,
recent development patterns in the area where
the facility is located, and population projec-
tions for that area.
‘‘(iii) Federal or State land use designa-
tions, including Federal facilities and national
parks, State ground water or surface water re-
charge areas established under a State’s com-
prehensive protection plan for ground water or
surface water, and recreational areas.
‘‘(iv) The current land use zoning and fu-
ture land use plans of the local government
with land use regulatory authority.
‘‘(v) The potential for economic redevelop-
ment.
‘‘(vi) The proximity of the contamination
to 
residences, 
sensitive 
populations 
or
196
ecosystems, natural resources, or areas of
unique historic or cultural significance.
‘‘(vii) Current plans for the facility by the
property owner or owners, not including poten-
tial voluntary remedial measures.
‘‘(B) In developing its recommendation, the
Community Working Group shall consider factors
(ii) through (vii) of subparagraph (A), and the
President shall give substantial weight to that rec-
ommendation where consensus is reached, or sub-
stantial weight to the views of the affected commu-
nity where the Community Working Group does not
reach consensus in accordance with section 117(g).
‘‘(C) All information considered by the Presi-
dent in evaluating reasonably anticipated future land
uses under this paragraph shall be included in the
administrative record under section 113(k).
‘‘(3) APPROPRIATE
REMEDIAL
ACTION.—(A)
The President shall identify and select an appro-
priate remedy that prevents exposures in excess of
protective concentration levels established under sub-
section (d) by balancing the following factors:
‘‘(i) The effectiveness of the remedy, in-
cluding its implementability.
197
‘‘(ii) The long-term reliability of the rem-
edy, that is, its capability to achieve long-term
protection of human health and the environ-
ment considering the preference for treatment
of hot spots.
‘‘(iii) Any short-term risk posed by the im-
plementation of the remedy to the affected com-
munity, to those engaged in the cleanup effort,
and to the environment.
‘‘(iv) The acceptability of the remedy to
the affected community.
‘‘(v) The reasonableness of the cost of the
remedy.
‘‘(B) HOT SPOTS.—The following shall apply to
the remediation of hot spots:
‘‘(i) For purposes of this section, the term
‘hot spot’ means a discrete area within a facility
that contains hazardous substances, pollutants
or contaminants that are present in high con-
centrations, are highly mobile, or cannot be reli-
ably contained, that would present a significant
risk to human health or the environment should
exposure occur. The President shall develop
guidelines for the identification of hot spots.
Such guidelines shall recommend appropriate
199
‘‘(iv) Notwithstanding the presence of a
hot spot, the President may select a final con-
tainment remedy for hot spots at landfills and
mining sites or similar facilities under the fol-
lowing circumstances:
‘‘(I) The hot spot is small relative to
the overall volume of waste or contamina-
tion being addressed, the hot spot is not
readily identifiable and accessible, and
without the presence of the hot spot con-
tainment would have been selected as the
appropriate remedy under subparagraph
(A) for the larger body of waste or area of
contamination in which the hot spot is lo-
cated.
‘‘(II) The volume and areal extent of
the hot spot is extraordinary compared to
other facilities, and it is highly unlikely
due to the size and other characteristics of
the hot spot that any treatment technology
will be developed that could be imple-
mented at reasonable cost.
Where final containment for a hot spot is selected,
the President shall publish an explanation of the
basis for that decision.
200
‘‘(4) SELECTION OF RESPONSE ACTIONS FOR
GROUND WATER CONTAMINATION.—
‘‘(A) FACTORS.—The President shall iden-
tify and select an appropriate remedy for con-
taminated ground water that achieves protec-
tion of human health and the environment pur-
suant to subsection (d)(1) and the goal as de-
termined pursuant to subsection (d)(7)(C) by
balancing the following factors:
‘‘(i) The effectiveness of the remedy in
achieving the goal under subsections (d)(1)
and (d)(7)(C).
‘‘(ii) The long-term reliability of the
remedy, that is, its capability to achieve
long-term protection of human health and
the environment.
‘‘(iii) Any short-term risk posed by
the implementation of the remedy to the
affected community, to those engaged in
the cleanup effort, and to the environment.
‘‘(iv) The acceptability of the remedy
to the affected community.
‘‘(v) The reasonableness of the cost of
the remedy.
201
‘‘(vi) The timeframe in which the goal
of any such remedy will be achieved in re-
lation to the urgency of the need and the
timing of the use of such ground water
‘‘(vii) The implementability of the
remedy.
‘‘(B) EARLY
EVALUATION
AND
PHASED
REMEDIAL ACTION.—(i) The President shall, as
appropriate, employ a phased approach to site
characterization and remediation in which rem-
edies are arrived at through a sequence of in-
vestigations and actions. Information gathered
in one phase shall be used to inform each suc-
cessive phase until final remediation goals are
determined and attained.
‘‘(ii) To facilitate efficient and effective
site characterization that promotes early evalua-
tion of remedial alternatives and to prevent the
ground water contamination problems from
worsening, the President shall ensure, to the ex-
tent practicable, that hydrogeologic and con-
taminant-related information necessary to select
final ground water remedial actions, including
findings of technical impracticability, shall be
collected as part of site characterization activi-
202
ties prior to and including the remedial inves-
tigation. Such data shall include information
from actions under clause (iii).
‘‘(iii) To facilitate efficient and effective
site characterization that promotes early evalua-
tion of remedial alternatives and to prevent the
ground water contamination problems from
worsening, the President shall, as appropriate,
consistent with the factors in subparagraph (A),
and to the extent technically practicable from
an engineering perspective, implement phased
remedial actions to minimize further contami-
nant migration and reduce the risk of exposure
to contaminated ground water. Such actions
shall be based on sufficient site characterization
to ensure achievement of the intended goal of
such actions, shall prevent exacerbation of the
contamination problem, and shall be monitored
to collect detailed information on site character-
ization and potential remedial alternatives.
‘‘(C) 
MINIMUM
REQUIREMENTS.—The
President shall select an appropriate remedy for
contaminated ground water that may be used
for drinking water, subject to subsection
203
(d)(7)(C), which includes, at a minimum, the
following requirements:
‘‘(i) Prevention or elimination of any
actual human ingestion of drinking water
containing any hazardous substance, pol-
lutant or contaminant at levels in excess of
the maximum contaminant level or non-
zero maximum contaminant level goal es-
tablished under title XIV of the Public
Health Service Act (the Safe Drinking
Water Act) including, as appropriate, the
provision of an alternate water supply;
‘‘(ii) Prevention or elimination of any
actual human exposure through water that
may be used for drinking to any hazardous
substances, pollutants, or contaminants at
levels in excess of those levels needed to
protect human health.
‘‘(iii) Unless technically impracticable
from an engineering perspective, prevent
impairment of any surface water des-
ignated use established under section 303
of the Federal Water Pollution Control Act
caused by such hazardous substance, pol-
lutant, or contaminant in any surface
204
water body into which such contaminated
ground water is known or projected to
enter.
‘‘(iv) Assurance that source areas in
ground water containing hazardous sub-
stances, pollutants, or contaminants shall
be contained to the extent technically fea-
sible. Treatment which reduces contamina-
tion shall be applied to the degree nec-
essary to ensure the long-term reliability of
such containment remedy. Such decision
shall be based on a balancing of the factors
in subparagraph (A).
‘‘(v) Assurance that, unless technically
impracticable from an engineering perspec-
tive, the contamination exceeding the goals
of subsection (d)(7)(C)(i) shall be con-
tained, except as provided in subsection
(d)(7)(C)(iv).
‘‘(vi) Provision for long-term monitor-
ing of such ground water, as appropriate
(including any information needed for the
purposes of review under subsection (c)).
‘‘(D) PERIODIC
REVIEW.—Each remedial
action 
conducted 
pursuant 
to 
subsection
205
(d)(7)(E)(i)(III) shall be reviewed by the Presi-
dent within 10 years after completion of all
physical on-site construction, and no less often
than every 5 years thereafter as provided in
subsection (c). If the President determines that
remedial alternatives have become available to
attain the goal of subsection (d)(7)(C), the
President shall select a new remedy in accord-
ance with this section.
‘‘(5) GENERIC REMEDIES.—In order to stream-
line the remedy selection process and to facilitate
rapid voluntary action, the President shall establish,
taking into account the factors enumerated in para-
graph (3)(A), cost-effective generic remedies for cat-
egories of facilities, and expedited procedures that
include community involvement for selecting generic
remedies at an individual facility. To be eligible for
selection at a facility, a generic remedy shall be pro-
tective of human health and the environment at that
facility. In appropriate cases, the President may se-
lect a generic remedy without considering alter-
natives to the generic remedy.
‘‘(6) 
INSTITUTIONAL
CONTROLS.—Whenever
the President selects a remedial action which relies
on restrictions on the use of land, water, or other re-
206
sources to achieve protection of human health and
the environment, the President shall specify the na-
ture of the restrictions required to achieve such pro-
tections, including restrictions on the permissible
uses of land, prohibitions on specified activities upon
the property, restrictions on the drilling of wells or
the use of ground water, or restrictions on the use
of surface water, and may ensure that such restric-
tions are incorporated into a hazardous substance
easement, as provided by section 104(k). In review-
ing remedial action alternatives which would require
the use of such restrictions and providing oppor-
tunity for public comment on those alternatives, the
President shall identify the nature of any institu-
tional controls that would be required to implement
such restrictions, known or anticipated affected per-
sons, the likely duration of such restrictions, and the
anticipated costs of acquiring any appropriate haz-
ardous substance easements and enforcing the ap-
propriate restrictions.’’.
SEC. 503. MISCELLANEOUS AMENDMENTS TO SECTION 121.
(a) REVIEW.—Section 121(c) (42 U.S.C. 9621(c)) is
amended—
207
(1) in the first sentence, by striking out ‘‘initi-
ation’’ and inserting in lieu thereof ‘‘completion of
all physical on-site construction,’’;
(2) in the second sentence, by inserting ‘‘(1)’’
after ‘‘it is the judgment of the President that’’; and
(3) in the second sentence, by inserting after
‘‘section 104 or 106,’’ the following: ‘‘or (2) an in-
terim containment remedy was selected for such site
and an appropriate final remedial action is available
under subsection (b)(3)(B)(iii) and appropriate to
select in accordance with subsection (b)(3)(A) of this
section,’’.
(b) Section 121(e)(1) (42 U.S.C. 9621(e)(1)) is
amended by adding at the end thereof the following: ‘‘Fur-
thermore, no Federal, State, or local permit or permit ap-
plication shall be required for on-site or off-site activities
conducted under section 311(b).’’.
SEC. 504. RESPONSE AUTHORITIES.
(a) 
STUDIES
AND
INVESTIGATIONS.—Section
104(b)(1) (42 U.S.C. 9604(b)(1)) is amended in the sec-
ond sentence by striking ‘‘studies’’ and all that follows
through the end of the sentence and inserting in lieu
thereof the following: ‘‘actions, studies, or investigations
as he may deem necessary or appropriate to plan and di-
208
rect response actions or to enforce the provisions of this
Act and shall be entitled to recover the costs thereof.’’.
(b) DISPOSAL
AUTHORITY.—Section 104(j) (42
U.S.C. 9604(j)) is amended—
(1) in paragraph (1), by striking ‘‘remedial’’ in
the first sentence and inserting ‘‘response’’;
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as para-
graph (2) and in that paragraph by striking ‘‘es-
tate’’ and inserting ‘‘property’’; and
(4) by inserting after paragraph (2) (as redesig-
nated) the following new paragraph:
‘‘(3) DISPOSAL AUTHORITY.—The President is
authorized to dispose of any interest in real property
acquired for use by the Administrator under this
subsection by sale, exchange, donation, or otherwise
and any such interest in real property shall not be
subject to any of the provisions of section 120 except
the notice provisions of section 120(h)(1). Any mon-
eys received by the President pursuant to this para-
graph shall be deposited in the Fund.’’.
(c) PRIVATE PARTY REMOVAL LIMITATIONS.—Sec-
tion 104(a)(2) (42 U.S.C. 9604(a)(2)) is amended by add-
ing at the end the following: ‘‘In any case in which imple-
mentation of a removal action is expected to obviate or
209
in fact does obviate the need to conduct a long-term reme-
dial action, such removal action must—
‘‘(A) comply with the protective concentra-
tion levels and other standards in subsections
(b) and (d) of section 121; and
‘‘(B) allow for public participation in ac-
cordance with section 117 to the maximum ex-
tent practicable.’’.
SEC. 505. REMOVAL ACTIONS.
(a) OBLIGATIONS FROM FUND.—Section 104(c)(1)
(42 U.S.C. 9604(c)(1)) is amended—
(1) by striking ‘‘consistent with the remedial
action to be taken’’ and inserting ‘‘not inconsistent
with any remedial action that has been selected or
is anticipated at the time of the removal action,’’;
(2) by striking ‘‘$2,000,000’’ and inserting
‘‘$4,000,000’’; and
(3) by striking ‘‘12 months’’ and inserting ‘‘two
years’’.
(b) NON-EMERGENCY REMOVALS.—Section 120(e)
(42 U.S.C. 9620(e)) is amended by adding at the end the
following new paragraph:
‘‘(7) NOTIFICATION
OF
AND
CONCURRENCE
FROM
EPA
OR
STATE
FOR
NON-EMERGENCY
RE-
MOVAL ACTIONS.—(A) Before the commencement of
210
any non-emergency removal action by a department,
agency, or instrumentality of the United States,
such department, agency, or instrumentality shall—
‘‘(i) notify the Environmental Protection
Agency and the State of the planned removal
action; and
‘‘(ii) obtain, in the case of facilities which
are listed or proposed for listing on the Na-
tional Priorities List, concurrence in the
planned removal action from the Environmental
Protection Agency or the State, as applicable.
‘‘(B) The lack of concurrence under clause (ii)
shall not delay the commencement of the remedial
investigation and feasibility study in accordance with
the time requirements of this section. The require-
ments of this paragraph relating to notification and
concurrence shall not affect, alter, or supplant, di-
rectly or indirectly, the applicability of any State law
to the removal action concerned. Within a reasonable
period of time after any emergency removal action is
carried out by a department, agency, or instrumen-
tality of the United States, the department, agency,
or instrumentality shall notify the Environmental
Protection Agency or the State, as appropriate, of
the removal action.’’.
211
SEC. 506. HAZARDOUS SUBSTANCE PROPERTY USE.
Section 104 (42 U.S.C. 9604) is amended by adding
at the end the following:
‘‘(k) HAZARDOUS SUBSTANCE PROPERTY USE.—
‘‘(1) AUTHORITY OF PRESIDENT TO ACQUIRE
EASEMENTS.—In order to prevent exposure to, re-
duce the likelihood of, or otherwise respond to a re-
lease or threatened release of a hazardous substance,
pollutant, or contaminant, the President may ac-
quire, at fair market value, or for other consider-
ation as agreed to by the parties, a hazardous sub-
stance 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, prohib-
iting the drilling of wells or use of ground water, or
restricting the use of surface water.
‘‘(2) USE OF EASEMENTS.—A hazardous sub-
stance easement and notice of a property use restric-
tion under this subsection may be used wherever in-
stitutional controls have been selected as a compo-
nent of a removal or remedial action in accordance
with this Act and the National Contingency Plan.
Such easements and notices shall not be used in
cases in which institutional controls are not relied
upon in a removal or remedial action. Whenever
212
such controls are selected as a component of a re-
moval or remedial action, the President shall ensure
that the terms of the controls and, as appropriate,
the easement are specified in all appropriate decision
documents, enforcement orders, and public informa-
tion regarding the site.
‘‘(3) PERSONS
SUBJECT
TO
EASEMENTS.—A
hazardous substance easement shall be enforceable
in perpetuity (unless terminated and released as pro-
vided for in this section) against any owner of the
affected property and all persons who subsequently
acquire interest in the property or rights to use the
property, including lessees, licensees, and any other
person with an interest in the property, without re-
spect to privity or lack of privity of estate or con-
tract, lack of benefit running to any other property,
assignment of the easement to another party, or any
other circumstance which might otherwise affect the
enforceability of easements or similar deed restric-
tions 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 ef-
213
fect notwithstanding any foreclosure or other asser-
tion of such interests.
‘‘(4) CONTENTS OF EASEMENTS.—A hazardous
substance easement shall contain, at a minimum—
‘‘(A) a legal description of the property af-
fected;
‘‘(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 threat-
ened release; and
‘‘(D) a statement as to the nature of the
restriction, limitation, or control created by the
easement.
‘‘(5) USE RESTRICTION NOTICE.—Whenever the
President acquires a hazardous substance easement
or assigns a hazardous substance easement to an-
other party, the President shall record a notice of
property use restriction in the public land records
for the jurisdiction in which the affected property is
located. Such a notice shall specify restrictions, limi-
tations, or controls on the use of land or other natu-
ral resources provided for in the hazardous sub-
stance easement.
214
‘‘(6) FILING OF NOTICE.—Wherever recording
in the public land records is required under this sub-
section, the President shall file the notice or other
instrument in the appropriate office within the State
(or governmental subdivision) in which the affected
property is located, as designated by State law. If
the State has not by law designated one office for
the recording of interests in real property or claims
or rights burdening real property, the document or
notice shall be filed in the office of the clerk of the
United States district court for the district in which
the affected property is located.
‘‘(7) METHODS OF ACQUIRING EASEMENTS.—
The President may acquire a hazardous substance
easement by purchase or other agreement, by con-
demnation, or by any other means permitted by law.
Compensation for such easement shall be at fair
market value, or for other consideration as agreed to
by the parties, for the interest acquired. The costs
of obtaining such easements, ensuring adequate pub-
lic notice of such easements, and otherwise tracking
and maintaining the protections afforded by the
easements shall be considered response costs which
are recoverable under this Act.
215
‘‘(8) ASSIGNMENT OF EASEMENTS TO PARTIES
OTHER THAN THE PRESIDENT.—
‘‘(A) AUTHORITY TO ASSIGN.—The Presi-
dent may assign an easement acquired under
this subsection to a State or other governmental
entity that has the capability of effectively en-
forcing the easement over the period of time
necessary to achieve the purposes of the ease-
ment. In the case of any assignment, the ease-
ment shall be fully enforceable by the assignee.
Any assignment of such an easement by the
President may be made by following the same
procedures as are used for the transfer of an
interest in real property to a State under sec-
tion 104(j).
‘‘(B) EFFECT OF ASSIGNMENT.—Any in-
terest in property granted to a State or other
governmental entity which restricts, limits, or
controls the use of land or other natural re-
sources in order to prevent exposure to, reduce
the likelihood of, or otherwise respond to, a re-
lease or threatened release of a hazardous sub-
stance, pollutant, or contaminant, and which is
expressly designated in writing as a hazardous
substance easement within the meaning of this
216
paragraph, shall create the same rights, have
the same legal effect, and be enforceable in the
same manner as a hazardous substance ease-
ment acquired by the President regardless of
whether the interest in property is otherwise de-
nominated as an easement, covenant, or any
other form of property right.
‘‘(9) PUBLIC NOTICE.—Not later than 180 days
after the date of the enactment of this subsection,
the President shall issue regulations regarding the
procedures to be used for public notice of proposed
property use restrictions. Such regulations shall en-
sure that before acquiring a hazardous substance
easement, and before recording any notice of such
easement, the President will give notice and an op-
portunity to comment to the owner of the affected
property, all other persons with recorded interests in
the property, any lessees or other authorized occu-
pants of the property known to the President, the
State and any municipalities in which the property
is located, any relevant community work group es-
tablished under section 117, the affected community,
and the general public.
‘‘(10) TERMINATION OF EASEMENTS.—An ease-
ment acquired under this subsection shall remain in
217
force until the holder of the easement executes and
records a termination and release in accordance with
the terms of the easement and approved by the Ad-
ministrator of the Environmental Protection Agency
or the relevant assignee. Such termination shall be
recorded in the same manner as the easement.
‘‘(11) ENFORCEMENT.—
‘‘(A) EFFECT OF VIOLATIONS.—Violation
of any restriction, limitation, or control imposed
under a hazardous substance easement shall
have the same effect as failure to comply with
an order issued under section 106 and relief
may be sought either in enforcement actions
under section 106(b)(1), section 120(g), or sec-
tion 127(e) or in citizens suits under section
310. No citizens suit under section 310 to en-
force such a notice may be commenced if the
holder of the easement has commenced and is
diligently prosecuting an action in court to en-
force the easement.
‘‘(B) 
ENFORCEMENT
ACTIONS.—The
President may take appropriate enforcement ac-
tions to ensure compliance with the terms of
the easement whenever the Administrator of the
Environmental Protection Agency determines
218
that the terms set forth in the easement are
being violated. If the easement has been as-
signed to a party other than the President and
that party has not taken appropriate enforce-
ment 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.
‘‘(12) APPLICABILITY OF OTHER PROVISIONS.—
Holding a hazardous substance easement shall not
subject either the holder thereof or the owner of the
affected property to liability under section 107. Any
such easement acquired by the President shall not
be subject to the requirements of section 104(j) or
120(h).’’.
SEC. 507. TRANSITION.
(a) EFFECTIVE DATE.—This title, and the amend-
ments made by this title, shall become effective 180 days
after the date of enactment of this Act. Remedies selected
under the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 following that effec-
tive date shall be selected as provided in section 121(b)
of that Act (as amended by this Act) and subject to the
219
Federal and State requirements specified in section
121(d)(7) of that Act (as amended by this Act).
(b) CONTINUED EFFECTIVENESS OF REGULATIONS
AND GUIDANCE.—Until promulgation of the national
goals and the national risk protocol under section 121(d),
the President may continue to rely on current regulations
and guidance with regard to acceptable risk levels and the
conduct of risk assessments.
(c) PRIOR RODS.—(1) Nothing in this Act shall
place upon the President an obligation to reopen a record
of decision signed prior to the effective date of this title.
(2) If, pursuant to section 117 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980, the President determines that a change to a
record of decision signed prior to the effective date of this
title is necessary, the President may apply the rules in
effect at the time the original record of decision was
signed.
TITLE VI—MISCELLANEOUS
SEC. 601. INTERAGENCY AGREEMENTS AT MIXED OWNER-
SHIP AND MIXED RESPONSIBILITY FACILI-
TIES.
Section 120(e) (42 U.S.C. 9620(e)) is amended—
(1) by inserting at the end of paragraph (4) the
following new subparagraph:
220
‘‘(D) A provision allowing for the partici-
pation of other responsible parties (if any) in
the response action.’’; and
(2) by inserting after paragraph (7) the follow-
ing new paragraphs:
‘‘(8) EXCEPTION TO REQUIRED ACTION.—(A) A
department, agency, or instrumentality of the United
States that owns or operates a facility at which the
department, agency, or instrumentality exercised no
regulatory or other control over activities that di-
rectly or indirectly resulted in a release or threat of
a release of a hazardous substance shall be subject
to the requirements of paragraphs (1) through (6),
other than subparagraphs (F) and (G) of paragraph
(5), unless and to the extent the department, agen-
cy, or instrumentality demonstrates to the satisfac-
tion of the Administrator that—
‘‘(i) no department, agency, or instrumen-
tality was the primary or sole source or cause
of a release or threat of release of a hazardous
substance at the facility;
‘‘(ii) the activities either directly or indi-
rectly resulting in a release or threat of a re-
lease of a hazardous substance at the facility
221
were pursuant to a statutory authority and oc-
curred before 1976; and
‘‘(iii) the person or persons primarily or
solely responsible for such release or threat of
release are financially viable and are capable of
performing or financing all or a portion of the
response action at the facility.
‘‘(B) If the conditions listed in clauses (i)
through (iii) of subparagraph (A) are not met, the
applicable terms of this subsection apply to the de-
partment, agency, or instrumentality of the United
States at the facility. Upon determination by the
Administrator that a department, agency, or instru-
mentality qualifies for the exception provided by this
paragraph, the head of such department, agency, or
instrumentality may exercise enforcement authority
under section 106. To the extent a person who has
been issued an order under the authority of this
paragraph seeks reimbursement under the provisions
of section 106, the relevant department, agency, or
instrumentality, and not the Fund, shall be the
source of any appropriate reimbursement. If the rel-
evant department, agency, or instrumentality has
failed to obtain the performance of response actions
by responsible parties pursuant to an order or con-
222
sent decree within 12 months after the facility has
been listed on the National Priorities List, the ex-
ception provided by this paragraph shall be void and
the department, agency, or instrumentality shall, in
consultation with the Administrator and appropriate
State authorities, commence a remedial investigation
and feasibility study for such facility within six
months after the expiration of the 12-month period.
‘‘(9) An interagency agreement under this sec-
tion shall in no way impair or diminish the obliga-
tion of any department, agency, or instrumentality
of the United States to comply with requirements of
applicable law, unless such requirements have been
specifically—
‘‘(A) addressed; or
‘‘(B) waived;
without objection from the State prior to or at the
time the response action is selected pursuant to sec-
tion 121.’’.
SEC. 602. CONTENTS OF CERTAIN DEEDS.
Section 120(h)(3) (42 U.S.C. 9620(h)(3)) is amend-
ed in the matter following subparagraph (C) by inserting
after ‘‘the Administrator’’ both places it appears the fol-
lowing: ‘‘or, in the case of real property that is not part
223
of a facility on the National Priorities List, to the Gov-
ernor of the affected State’’.
SEC. 603. TRANSFERS OF UNCONTAMINATED PROPERTY.
Section 120(h)(4)(A) (42 U.S.C. 9620(h)(4)(A)) is
amended by striking ‘‘stored for one year or more,’’ in
the first sentence.
SEC. 604. AGREEMENTS TO TRANSFER BY DEED.
Section 120(h) (42 U.S.C. 9620(h)) is amended by
adding after paragraph (5) the following new paragraph:
‘‘(6) AGREEMENTS TO TRANSFER BY DEED.—
Nothing in this subsection shall be construed to pro-
hibit the head of the department, agency, or instru-
mentality of the United States from entering into an
agreement to transfer by deed real property or facili-
ties prior to the entering of such deed.’’.
SEC. 605. ALTERNATIVE OR INNOVATIVE TREATMENT
TECHNOLOGIES.
Section 111(a) is amended by adding after paragraph
(6) the following new paragraph:
‘‘(7) ALTERNATIVE
OR
INNOVATIVE
TREAT-
MENT TECHNOLOGIES.—Payment of no more than
50 percent of response costs incurred by a poten-
tially liable party in taking actions approved by the
Administrator to achieve required levels of response
under this Act after employing an alternative or in-
224
novative technology that fails to achieve a level of re-
sponse required under this Act pursuant to an ad-
ministrative order or consent decree. The Adminis-
trator shall issue guidance on the procedures for the
appropriate level of funding for response activities
using alternative innovative technologies as defined
in section 311(b)(10) that are necessary to achieve
a level of response required under this Act. The Ad-
ministrator shall review and update such guidance,
as appropriate.’’.
SEC. 606. DEFINITIONS.
Section 101 (42 U.S.C. 9601) is amended as follows:
(1) Paragraph (10)(H) is amended by striking
‘‘subject to’’ and inserting ‘‘in compliance with’’.
(2) Paragraph (14) is amended by adding at
the end the following: ‘‘The term includes methane,
but only when a response action undertaken to ad-
dress a release or threat of release of a hazardous
substance (as otherwise defined in this paragraph)
at a landfill or similar site also addresses methane.’’.
(3) Paragraph (20) is amended—
(A) in subparagraph (A), by inserting ‘‘the
United States or’’ after ‘‘similar means to’’;
(B) in subparagraph (D)—
225
(i) in the first sentence by inserting
‘‘the United States or’’ after ‘‘does not in-
clude’’;
(ii) in the second sentence, by insert-
ing ‘‘any department, agency, or instru-
mentality of the United States or’’ before
‘‘any State’’; and
(iii) in the second sentence, by strik-
ing ‘‘a’’ after ‘‘such’’ and inserting ‘‘de-
partment, agency, or instrumentality of the
United States or’’; and
(C) by adding after subparagraph (D) the
following new subparagraphs:
‘‘(E)(i) The term ‘owner or operator’ includes a
trust or estate or a person who holds title to a vessel
or facility, or otherwise is affiliated with the vessel
or facility solely in a fiduciary capacity. Subject to
clauses (ii) and (iii), a fiduciary holding such title or
having such affiliation shall be personally subject to
the obligations and liabilities of an owner or opera-
tor to the same extent as if the vessel or facility
were held by the fiduciary free of trust.
‘‘(ii) The personal obligations and liabilities of
a fidicuary referred to in clause (i) shall be limited
to the extent to which the assets of the trust or es-
226
tate are sufficient to indemnify the fiduciary, un-
less—
‘‘(I) the obligations and liabilities would
have arisen even if the person had not served
as fiduciary;
‘‘(II) the fiduciary’s own failure to exercise
due care with respect to a vessel or facility
caused or contributed to the release of hazard-
ous substances following establishment of the
trust, estate, or fiduciary relationship;
‘‘(III) the fiduciary had a role in establish-
ing the trust, estate, or fiduciary relationship,
and such trust, estate, or fiduciary relationship
has no objectively reasonable or substantial pur-
pose apart from the avoidance or limitation of
liability under this Act; or
‘‘(IV) the fiduciary has not complied with
such other requirements as the Administrator
may set forth by regulation.
‘‘(iii) A fiduciary shall not be personally liable
for undertaking or directing another to undertake a
response action under section 107(d)(1).
‘‘(F) The term ‘owner or operator’ shall not in-
clude the United States or any department, agency,
or instrumentality of the United States or a con-
227
servator or receiver appointed by a department,
agency, or instrumentality of the United States if
the United States or the conservator or receiver
meets both of the following conditions:
‘‘(i) The United States, conservator, or re-
ceiver acquired ownership or control of a vessel
or facility (or any right or interest therein)—
‘‘(I) in connection with the exercise of
receivership or conservatorship authority
or the liquidation or winding up of the af-
fairs of any entity subject to a receivership
or conservatorship, including any subsidi-
ary thereof; and
‘‘(II) in connection with the exercise
of any seizure or forfeiture authority.
‘‘(ii) The United States, conservator, or re-
ceiver does not participate in the management
of the vessel or facility operations that result in
a release or threat of release of hazardous sub-
stances and complies with such other require-
ments as the Administrator may set forth by
regulation.’’.
(4) Paragraph (23) (relating to the terms ‘‘re-
move’’ and ‘‘removal’’) is amended—
(A) in the first sentence—
228
(i) by striking ‘‘terms’’ and inserting
‘‘term’’;
(ii) by striking ‘‘necessary’’ the first
place it appears and inserting ‘‘nec-
essarily’’; and
(iii) by inserting after ‘‘environment,
such actions’’ the phrase ‘‘or combination
of such actions’’;
(B) in the second sentence by striking
‘‘term includes’’ and inserting ‘‘terms include’’;
and
(C) by adding at the end the following:
‘‘The term ‘remove’ or ‘removal’ is not limited
to emergency situations and includes actions to
address future or potential exposures.’’.
(5) Paragraph (25) (relating to the terms ‘‘re-
spond’’ and ‘‘response’’) is amended—
(A) by striking ‘‘terms’’ and inserting
‘‘term’’;
(B) by striking the comma after ‘‘remedial
action;’’; and
(C) by striking ‘‘related thereto’’ and in-
serting ‘‘(including attorneys’ fees and expert
witness fees) and oversight activities related
229
thereto when such activities are undertaken by
the President, a State or Indian Tribe’’.
(6) Paragraph (29) (relating to the terms ‘‘dis-
posal’’, ‘‘hazardous waste’’, and ‘‘treatment’’) is
amended by inserting before the period the follow-
ing: ‘‘, except that the term ‘hazardous substance’
shall be substituted for the term ‘hazardous waste’
in the definitions of ‘disposal’ and ‘treatment’ ’’.
(7) Paragraph (33) (relating to the term ‘‘pol-
lutant or contaminant’’) is amended by striking ‘‘;
except that the’’ and inserting ‘‘. The’’.
(8) Paragraph (35) (relating to the term ‘‘con-
tractual relationship’’) is amended—
(A) in subparagraph (A)—
(i) by striking out clause (iii); and
(ii) in the matter preceding clause (i),
by striking out ‘‘clause (i), (ii), or (iii)’’
and inserting ‘‘clause (i) or (ii)’’;
(B) by amending subparagraph (B) to read
as follows:
‘‘(B)(i) To establish that the defendant had no
reason to know, as provided in clause (i) of subpara-
graph (A) of this paragraph, the defendant must
have undertaken, at the time of the acquisition, all
appropriate inquiry into the previous ownership and
230
uses of the facility and its real property in accord-
ance with generally accepted good commercial and
customary standards and practices. For the pur-
poses of the preceding sentence and until the Ad-
ministrator issues or designates standards and prac-
tices as provided in clause (ii) of this subparagraph,
the court shall take into account any specialized
knowledge or experience on the part of the defend-
ant, the relationship of the purchase price to the
value of the property if uncontaminated, commonly
known or reasonably ascertainable information about
the property, the obviousness of the presence or like-
ly presence of contamination at the property, and
the ability to detect such contamination by appro-
priate investigation.
‘‘(ii) The Administrator may, by regulation,
promulgate standards and practices or, by regula-
tion, designate standards and practices promulgated
or developed by others, that satisfy the requirements
of this subparagraph. In issuing or designating such
standards and practices, the Administrator shall
consider factors for the inquiry, including the follow-
ing:
‘‘(I) Conduct of the inquiry by an environ-
mental professional.
231
‘‘(II) Inclusion of interviews with past and
present owners, operators, and occupants of the
facility and its real property for the purpose of
gathering information regarding the potential
for contamination at the facility and its real
property.
‘‘(III) Inclusion of a review of historical
sources, such as chain of title documents, aerial
photographs, building department records, and
land use records, to determine previous uses
and occupancies of the real property since it
was first developed.
‘‘(IV) Inclusion of a search for recorded
environmental cleanup liens, filed under Fed-
eral, State, or local law, against the facility or
its real property.
‘‘(V) Inclusion of a review of Federal,
State, and local government records, such as
waste disposal records; underground storage
tank records; and hazardous waste handling,
generation, 
treatment, 
disposal, 
and 
spill
records, concerning contamination at or near
the facility or its real property.
232
‘‘(VI) Inclusion of a visual inspection of
the facility and its real property and of adjoin-
ing properties.
‘‘(VII) Any specialized knowledge or expe-
rience on the part of the defendant.
‘‘(VIII) The relationship of the purchase
price 
to 
the 
value 
of 
the 
property 
if
uncontaminated.
‘‘(IX) Commonly known or reasonably as-
certainable information about the property.
‘‘(X) The obviousness of the presence or
likely presence of contamination at the prop-
erty, and the ability to detect such contamina-
tion by appropriate investigation.
‘‘(iii) In the case of property for residential use
or other similar use, purchased by a nongovern-
mental or noncommercial entity, a site inspection
and title search that reveal no basis for further in-
vestigation satisfy the requirements of this subpara-
graph.’’; and
(C) By adding the following new subpara-
graph at the end thereof:
‘‘(E) The term ‘contractual relationship’ shall
not include the initial filing by a claimant of an
233
unpatented mining claim or the issuance of a patent
for any such claim.’’.
(9) The following new paragraphs are added
after paragraph (38):
‘‘(39) BONA FIDE PROSPECTIVE PURCHASER.—
The term ‘bona fide prospective purchaser’ means a
person who acquires ownership of a facility after the
date of enactment of the Superfund Reform Act of
1995, or a tenant of such a person, who can estab-
lish each of the following by a preponderance of the
evidence:
‘‘(A) All active disposal of hazardous sub-
stances at the facility occurred before that per-
son acquired the facility.
‘‘(B) The person made all appropriate in-
quiry into the previous ownership and uses of
the facility and its real property in accordance
with generally accepted good commercial and
customary standards and practices. The regula-
tions promulgated by the Administrator pursu-
ant to paragraph (35)(B)(ii) shall satisfy the
requirements of this subparagraph. In the case
of property for residential or other similar use,
purchased by a nongovernmental or non-
commercial entity, a site inspection and title
234
search that reveal no basis for further inves-
tigation satisfy the requirements of this sub-
paragraph.
‘‘(C) The person provided all legally re-
quired notices with respect to the discovery or
release of any hazardous substances at the fa-
cility.
‘‘(D) The person exercised appropriate
care with respect to hazardous substances
found at the facility by taking reasonable steps
to stop on-going releases, prevent threatened
future releases of hazardous substances, and
prevent or limit human or natural resource ex-
posure to hazardous substances previously re-
leased into the environment.
‘‘(E) The person provides full cooperation,
assistance, and facility access to persons au-
thorized to conduct response actions at the fa-
cility, including the cooperation and access nec-
essary for the installation, integrity, operation,
and maintenance of any complete or partial re-
sponse action at the facility.
‘‘(F) The person is not affiliated with any
other person liable for response costs at the fa-
cility, through any direct or indirect familial re-
235
lationship, or any contractual, corporate, or fi-
nancial relationship other than that created by
the instruments by which title to the facility is
conveyed or financed.
‘‘(40) FIDUCIARY.—
‘‘(A) Except as provided in subparagraph
(B), the term ‘fiduciary’ means a person who
owns or controls property—
‘‘(i) as a fiduciary within the meaning
of section 3(31) of the Employee Retire-
ment Income Security Act of 1974, or as
a trustee, executor, administrator, custo-
dian, guardian, conservator, or receiver
acting for the exclusive benefit of another
person; and
‘‘(ii) who has not previously owned or
operated the property in a non-fiduciary
capacity.
‘‘(B) The term ‘fiduciary’ does not include
any person described in subparagraph (A)—
‘‘(i) who acquires ownership or control
of property to avoid the liability of such
person or any other person under this Act;
or
236
‘‘(ii) who owns or controls property on
behalf of or for the benefit of a holder of
a security interest.
‘‘(41) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means all waste materials
generated by households, including single and multi-
family residences, and hotels and motels. The term
also includes waste materials generated by commer-
cial, institutional, and industrial sources, to the ex-
tent such wastes (A) are essentially the same as
waste normally generated by households, or (B) are
collected and disposed of with other municipal solid
waste or sewage sludge as part of normal municipal
solid waste collection services, and, regardless of
when generated, would be considered conditionally
exempt small quantity generator waste under regula-
tion issued pursuant to section 3001(d) of the Solid
Waste Disposal Act (42 U.S.C. 6921(d)). Examples
of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies, cos-
metics, glass and metal food containers, elementary
or secondary school science laboratory waste, and
household hazardous waste. The term does not in-
clude combustion ash generated by resource recovery
237
facilities or municipal incinerators, or waste from
manufacturing or processing (including pollution
control) operations not essentially the same as waste
normally generated by households.
‘‘(42) MUNICIPALITY.—The term ‘municipality’
means a political subdivision of a State, including a
city, county, village, town, township, borough, par-
ish, 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 sen-
tence in the performance of governmental functions.
‘‘(43) QUALIFIED
HOUSEHOLD
HAZARDOUS
WASTE COLLECTION PROGRAM.—The term ‘qualified
household hazardous waste collection program’
means a program established by an entity of the
Federal Government, a State, a municipality, or an
Indian tribe that provides, at a minimum, for semi-
annual collection of household hazardous wastes at
accessible, well-publicized collection points within the
relevant jurisdiction.
‘‘(44) SEWAGE
SLUDGE.—The term ‘sewage
sludge’ means solid, semisolid, or liquid residue re-
moved during the treatment of municipal waste
238
water, domestic sewage, or other waste water at or
by publicly owned or federally owned treatment
works.
‘‘(45) SITE
CHARACTERIZATION.—The term
‘site characterization’ means an investigation that
determines the nature and extent of a release or po-
tential release of a hazardous substance, pollutant,
or contaminant, and that includes an on site evalua-
tion and sufficient testing, sampling, and other field
data gathering activities to analyze whether there
has been a release or threat of a release of a hazard-
ous substance, pollutant, or contaminant, and the
health and environmental risks posed by such a re-
lease or threat of release. The investigation also may
include review of existing information (available at
the time of the review), an off-site evaluation, or
other measures that the Administrator considers ap-
propriate.
‘‘(46) OWNER, OPERATOR, OR LESSEE OF RESI-
DENTIAL PROPERTY.—The term ‘owner, operator, or
lessee of residential property’ refers to a person who
owns, operates, manages, or leases residential prop-
erty and who uses or allows the use of the residen-
tial property exclusively for residential purposes. The
term ‘residential property’ refers to single or multi-
239
family residences, including accessory land, build-
ings, or improvements incidental to such dwellings,
which are exclusively for residential use.
‘‘(47) SMALL BUSINESS.—The term ‘small busi-
ness’ refers to any business entity that employs no
more than 100 individuals and is a ‘small business
concern’ as defined under the Small Business Act
(15 U.S.C. 631 et seq.).
‘‘(48) SMALL NONPROFIT ORGANIZATION.—The
term ‘small nonprofit organization’ means any orga-
nization that does not distribute any part of its in-
come or profit to its members, directors, or officers,
employs no more than 100 paid individuals at the
involved chapter, office, or department, and was rec-
ognized as a non-profit organization under section
501(c)(3) of the Internal Revenue Code of 1986.
‘‘(49) SMALL
BUSINESS
CONSTRUCTION
CON-
TRACTOR.—The term ‘small business construction
contractor’ means a person who—
‘‘(A) is a small business as defined by
paragraph (47);
‘‘(B) is not—
‘‘(i) taking or required to take any re-
sponse action under this Act or any other
240
Federal or State law at the facility con-
cerned,
‘‘(ii) taking or required to take any
corrective action under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) at
the facility concerned, or
‘‘(iii) otherwise responding to a re-
lease or threatened release of a hazardous
substance, pollutant, or contaminant at the
facility concerned;
‘‘(C) did not know or have reason to know
of the presence of hazardous substances at the
facility concerned before beginning construction
activities;
‘‘(D) provided all legally required notices
with respect to the discovery or release of any
hazardous substances at the facility; and
‘‘(E) exercised due care with respect to the
hazardous substances discovered in the course
of performing the construction activity, includ-
ing precautions against foreseeable acts of third
parties, taking into consideration the character-
istics of such hazardous substance, in light of
all relevant facts and circumstances.’’.
241
SEC. 607. RESPONSE CLAIMS PROCEDURES.
(a) 
AMENDMENT
OF
SECTION
111.—Section
111(a)(2) (42 U.S.C. 9611(a)(2)) is amended by inserting
after ‘‘under said plan’’ the phrase ‘‘, reasonable in
amount based on open and free competition or fair market
value for similar available goods and services,’’.
(b) AMENDMENT OF SECTION 112.—Section 112(a)
(42 U.S.C. 9612(a)(2)) is amended—
(1) in the first sentence, by adding after ‘‘un-
less such claim is’’ the following: ‘‘(1) accompanied
by an audit prepared by an independent, certified
public accountant, and (2)’’; and
(2) by inserting after the first sentence the fol-
lowing: ‘‘The Administrator reserves the right to re-
view such audits to determine that the costs for
which the claimant is seeking reimbursement are
consistent with section 111(a) and, where necessary,
withhold claims or a portion thereof which are incon-
sistent with section 111(a).’’.
SEC. 608. SMALL BUSINESS OMBUDSMAN.
The Administrator of the Environmental Protection
Agency shall establish a small business Superfund assist-
ance section within the small business ombudsman office
at the Environmental Protection Agency. Such section
shall carry out the following functions:
242
(1) Act as a clearinghouse of information for
small businesses regarding the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980. Such information shall be comprehen-
sible to a lay person and shall include information
regarding the allocation process under section 130 of
such Act, requirements and procedures for expedited
settlements pursuant to section 122(g) of such Act,
de minimis and de micromis status, and ability-to-
pay procedures.
(2) Provide general advice and assistance to
small businesses as to their questions and problems
concerning the allocation and settlement processes,
except that such advice and assistance shall not in-
clude any legal advice as to liability or any other
legal representation. The ombudsman shall not par-
ticipate in the allocation process.
(3) Develop proposals and make recommenda-
tions for changes in policies and activities of the En-
vironmental Protection Agency which would better
fulfill the goals of title IV of the Superfund Reform
Act of 1995 in ensuring equitable, simplified, and
expedited allocations and settlements for small busi-
nesses.
243
SEC. 
609. 
CONSIDERATION 
OF 
LOCAL 
GOVERNMENT
CLEANUP PRIORITIES.
Section 104(c)(2) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) In setting priorities for scheduling work and al-
locating oversight resources for a remedial action at a fa-
cility at which a potentially responsible party that is a
State or local government proposes to carry out the reme-
dial action (or a portion thereof), the Administrator
should give higher priority to such remedial action (or por-
tion thereof) if the State or local government demonstrates
that the remedial action (i) will have a public benefit; and
(ii) will result in the property on or adjacent to the facility
being returned to productive use. A private potentially re-
sponsible party may request similar consideration, in the
Administrator’s discretion. Nothing in this subparagraph
shall affect the responsibility of the Administrator to
schedule and oversee the conduct of remedial action so as
to assure protection of human health and the environ-
ment.’’.
SEC. 610. CONSISTENT APPLICATION AMONG REGIONAL
OFFICES.
Section 115 (42 U.S.C. 9615), as amended by section
407, is further amended as follows:
244
(1) By inserting the following immediately be-
fore ‘‘The President’’: ‘‘(a) PRESIDENTIAL RULE-
MAKING AND DELEGATION AUTHORITY.—’’.
(2) By inserting at the end thereof the follow-
ing new subsection:
‘‘(b) CONSISTENT APPLICATION AMONG REGIONAL
OFFICES.—Each Regional Administrator should imple-
ment, execute, and enforce this Act and regulations, guid-
ance, and policies established in accordance with this Act
by (1) the President (or by the Administrator pursuant
to a delegation from the President), or (2) the Adminis-
trator (or by the Deputy Administrator or an Assistant
Administrator pursuant to a delegation from the Adminis-
trator).’’.
SEC. 611. STUDY OF PARTICIPANTS.
(a) STUDY.—The Administrator shall undertake a
study of current Environmental Protection Agency proce-
dures for suspension and debarment of persons and busi-
ness entities, particularly response action contractors and
to assess the feasibility and cost of creating a nationwide
data base to track such persons. The study shall include,
but shall not be limited, to the following items:
(1) Whether the certification process pursuant
to 40 CFR 32 regarding debarment and suspensions
is sufficient to uncover those persons who have pre-
245
viously served as a principal of a business entity af-
filiated or unaffiliated with the certifying entity.
(2) Whether the 3-year period for certification
is a sufficient length of time to uncover past activi-
ties.
(3) Whether the process under Federal regula-
tions for determining false certification is sufficient,
particularly for those persons who are attempting to
hide past debarment or suspension.
(4) The effectiveness of the current debarment
and suspension procedures.
(5) The practicability of coordination, through
a central data base, with other Federal agencies the
tracking and sharing of data on such persons who
have been debarred or suspended.
(6) The effectiveness of debarment and suspen-
sion on the future conduct of persons or business en-
tities with regard to compliance with Federal and
State environmental laws.
(7) The extent of sharing data within the Envi-
ronmental Protection Agency and among its regional
offices.
(8) The cost of creating a central data base.
(b) REPORT AND RECOMMENDATIONS.—The Admin-
istrator shall report the findings of this study to Congress
246
within 12 months after the enactment of this Act. The
Administrator shall also make a recommendation to Con-
gress whether statutory language or further regulations
are necessary to correct any problems or deficiencies that
may be uncovered.
SEC. 612. PUBLIC COMMENT.
Nothing in this Act or any amendments made by this
Act shall limit the obligations of the President or the Ad-
ministrator to fully consider and respond to public com-
ments during any available comment period or otherwise
abridge the requirements of subchapter II of chapter 5
of title 5, United States Code (commonly referred to as
the Administrative Procedures Act).
SEC. 613. CERTIFICATION OF ENVIRONMENTAL TRAINING
AND CERTIFICATION ORGANIZATIONS.
(a) REGULATIONS.—(1) Not later than 2 years after
enactment of this Act, the Administrator of the Environ-
mental Protection Agency shall publish guidelines, in ac-
cordance with subsection (b), for a model State program
for organizations that train and certify individuals to per-
form Phase I Environmental Site Assessments.
(2) The guidelines published under paragraph (1)
may include, but not be limited to, minimum standards
relating to—
(A) formal environmental training;
247
(B) continuing environmental education;
(C) environmental certification and testing pro-
cedures;
(D) revocation and disciplinary procedures;
(E) establishment of a code of ethics;
(F) consumer education;
(G) certification renewal procedures; and
(H) annual reporting of program activities.
(b) ESTABLISHMENT OF THE ENVIRONMENTAL CER-
TIFICATION BOARD.—(1) Not later than 60 days after en-
actment of this Act, the Administrator of the Environ-
mental Protection Agency shall establish a certification
advisory board to be known as the ‘‘Environmental Certifi-
cation Board’’ (hereafter in this section referred to as the
‘‘Board’’).
(2) The Board shall consist of a minimum of 6 mem-
bers, appointed by the Administrator, with a demonstrated
knowledge in the environmental field. The Board may in-
clude representatives from the Environmental Protection
Agency, environmental interest organizations, the chemi-
cal/manufacturing industry, the environmental consulting
service industry, the insurance industry, the banking/in-
vestment industry, professional societies, private sector ac-
creditation organizations, State government, and other ap-
248
propriate representatives with a knowledge in the environ-
mental field.
(3) All members of the Board shall serve on a vol-
untary basis, except those members from the Environ-
mental Protection Agency.
(4) The Board shall appoint 1 member to serve as
Chairman of the Board who shall exercise the executive
and administrative functions of the Board.
(5) Not later than 6 months after the date of enact-
ment of this Act, the Board shall issue recommendations
to the Administrator which shall include, but not be lim-
ited to, the minimum standards to be established under
subsection (a).
(c) STATE ADOPTION OF REGULATIONS.—(1) After
the publication of the guidelines under subsection (a), any
State may adopt regulations identical (except as provided
in paragraph (2) of this subsection) to the guidelines pro-
mulgated by the Administrator under subsection (a)(1).
(2) Nothing in this section shall be construed to pre-
empt any State from issuing and enforcing, at any time,
additional or more stringent guidelines and regulations re-
garding the training and certification of Phase I environ-
mental professionals.
(3) Nothing in this section shall be construed to re-
quire a profession or occupation licensed by a State au-
249
thority and whose scope of practice, as defined by State
law, includes Phase I Environmental Site Assessments to
obtain certification as a ‘‘certified Phase I Environmental
Site Professional’’ as a condition for performing Phase I
Environmental Site Assessments.
(4) Nothing in this section shall be construed to per-
mit a certified Phase I Environmental Professional to
practice within the scope of practice of a licensed profes-
sion or occupation, as defined by State law, unless that
individual also meets the requirements of the State licens-
ing statute.
(d) DETERMINATION
OF COMPLIANCE.—(1) If a
State adopts the guidelines issued by the Administrator,
any organization that seeks to obtain a determination of
compliance with the regulations set forth in subsection (c)
may submit to any such State, in which the organization
is located, information documenting such compliance.
(2) Such State shall make the determination of such
organization’s compliance or noncompliance with such reg-
ulations.
(3) Upon a determination of compliance under para-
graph (2), the State shall issue notice in writing to such
organization, indicating that such organization is an ‘‘Ap-
proved Phase I Environmental Training and Certification
Organization’’ in accordance with this Act. Such approval
250
shall be valid for a term to be set by the State, but no
longer than 5 years.
(4) A State may charge a reasonable fee, equal to
the cost of determining compliance under paragraph (2),
to each organization that applies for such determination.
Any such fees shall be listed as part of the regulations
promulgated under subsection (c).
(5) Any organization that has received notice of a de-
termination of compliance from a State under paragraph
(3), may issue a diploma, certification, or other form of
degree, to any individual who has completed to its satisfac-
tion such organization’s curriculum and training program
signifying that the recipient is a ‘‘Certified Phase I Envi-
ronmental Professional’’ qualified to perform Phase I En-
vironmental Site Assessments.
(6) A State may periodically, or upon expiration of
a notification of a determination of compliance under
paragraph (3), review the program, curriculum, facilities,
and training methods of any such organization to deter-
mine such organizations continued compliance with the
regulations promulgated under subsection (c).
(e) DEFINITIONS.—For purposes of this section:
(1) PHASE
I
ENVIRONMENTAL
SITE
ASSESS-
MENT.—The term ‘‘Phase I Environmental Site As-
sessment’’ means the process by which a person or
251
entity seeks to determine whether a particular parcel
of real property is subject to recognized environ-
mental conditions. These conditions indicate the
presence or likely presence of a hazardous substance
or pollutant or contaminant on a property under
conditions that indicate the existence of a release or
threatened release at the facility into structures on
the property or into the ground, ground water or
surface water of the property.
(2) CERTIFIED PHASE I ENVIRONMENTAL PRO-
FESSIONAL.—The term ‘‘Certified Phase I Environ-
mental Professional’’ means any person receiving
certification to perform Phase I Environmental Site
Assessments from an approved environmental train-
ing and certification organization in accordance with
this section.
(3) APPROVED
PHASE
I
ENVIRONMENTAL
TRAINING AND CERTIFICATION ORGANIZATION.—The
term ‘‘Approved Phase I Environmental Training
and Certification Organization’’ means Phase I En-
vironmental Training and Certification Organization
whose curriculum, program, facilities, training, and
testing methods comply with the regulations adopted
by a State under this section.
252
SEC. 614. SAVINGS CLAUSE.
Nothing in this Act or any amendment made by this
Act shall affect the application of the Atomic Energy Act
of 1954 to any facility licensed by the Nuclear Regulatory
Commission.
SEC. 615. FEDERAL ENTITIES AND FACILITIES.
Section 120 (42 U.S.C. 9620) is amended as follows:
(1) By amending the heading to read as follows:
‘‘SEC. 120. FEDERAL ENTITIES AND FACILITIES.’’.
(2) By amending paragraph (1) of subsection
(a) to read as follows:
‘‘(1)(A) Each department, agency, and instru-
mentality of the executive, legislative, and judicial
branches of the United States shall be subject to,
and comply with, all Federal, State, interstate and
local requirements, both substantive and procedural
(including any requirements for permits, reporting,
or any provisions for injunctive relief and such sanc-
tions as may be imposed by a court to enforce such
relief), regarding response actions related to, or
management of, hazardous substances, pollutants, or
contaminants in the same manner, and to the same
extent, as any nongovernmental entity is subject to
such requirements, including enforcement and liabil-
ity under sections 106 and 107 of this title and the
payment of reasonable service charges.
253
‘‘(B) The Federal, State, interstate, and local
substantive and procedural requirements referred to
in subparagraph (A) include, but are not limited to,
all administrative orders and all civil and adminis-
trative penalties and fines, regardless of whether
such penalties and fines are punitive or coercive in
nature or are imposed for isolated, intermittent, or
continuing violations. The United States hereby ex-
pressly waives any immunity otherwise applicable to
the United States with respect to any such sub-
stantive or procedural requirement (including, but
not limited to, any injunctive relief, administrative
order or civil or administrative penalty or fine re-
ferred to in the preceding sentence, or reasonable
service charge).
‘‘(C) The reasonable service charges referred to
in this paragraph include, but are not limited to,
fees or charges assessed in connection with the proc-
essing and issuance of permits, renewal of permits,
amendments to permits, review of plans, studies,
and other documents, and inspection and monitoring
of facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a State,
interstate, or local response program.
254
‘‘(D) Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or ex-
empt from any process or sanction of any State or
Federal court with respect to the enforcement of any
injunctive relief.
‘‘(E) No agent, employee, or officer of the
United States shall be personally liable for any civil
penalty under any Federal or State response law
with respect to any act or omission within the scope
of their official duties. An agent, employee, or officer
of the United States shall be subject to any criminal
sanction (including, but not limited to, any fine or
imprisonment) under any Federal or State response
law, but no department, agency, or instrumentality
of the executive, legislative, or judicial branch of the
United States shall be subject to any such sanctions.
‘‘(F) The waiver of sovereign immunity pro-
vided in this paragraph shall not apply to the extent
a State law would apply any standard or require-
ment to such Federal department, agency, or instru-
mentality in a manner which is more stringent than
such standard or requirement would be applied to
any other person.
‘‘(G) Nothing in this section shall be construed
to affect the liability of any person or entity other
255
than a department, agency, or instrumentality of the
United States under sections 106 and 107 of this
Act.
‘‘(H)(i) The Administrator may issue an order
under section 106 of this Act to any department,
agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the United States. The
Administrator shall initiate an administrative en-
forcement action against such a department, agency,
or instrumentality in the same manner and under
the same circumstances as action would be initiated
against any other person.
‘‘(ii) No administrative order issued to such de-
partment, agency, or instrumentality shall become
final until such department, agency, or instrumental-
ity has had the opportunity to confer with the Ad-
ministrator.
‘‘(iii) Unless a State law in effect on the effec-
tive date of the Superfund Reform Act of 1995, or
a State Constitution, requires the funds to be used
in a different manner, all funds collected by a State
from the Federal Government from penalties and
fines imposed for violation of any substantive or pro-
cedural requirement referred to in subsection (a) of
this section shall be used by the State only for
256
projects designed to improve or protect the environ-
ment or to defray the costs of environmental protec-
tion or enforcement.
‘‘(I) Each such department, agency, and instru-
mentality shall have the right to contribution protec-
tion set forth in section 113, when such department,
agency, or instrumentality resolves its liability under
this Act.’’.
(3) By striking paragraph (4) of subsection (a).
(4) By inserting ‘‘(other than the indemnifica-
tion requirements of section 119)’’ after ‘‘respon-
sibility’’ in subsection (a)(3).
SEC. 616. WORKER TRAINING AND EDUCATION GRANTS.
Section 111(c)(12) (42 U.S.C. 9611(c)(12)) is
amended—
(1) by striking ‘‘$10,000,000’’ and inserting
‘‘$20,000,000’’; and
(2) by inserting before the period at the end
‘‘and $30,000,000 for each of fiscal years 1996,
1997, 1998, 1999, and 2000’’.
SEC. 617. REPORT AND OVERSIGHT REQUIREMENTS.
(a) SUBMISSION
TO STATE GOVERNORS.—Section
301(h)(1) (42 U.S.C. 9651(h)(1)) is amended in the mat-
ter preceding subparagraph (A) by striking ‘‘to Congress
257
of such Agency’’ and inserting ‘‘of such Agency to Con-
gress and the Governor of each State’’.
(b) PROGRESS REPORT.—Section 301(h)(1)(A) is
amended to read as follows:
‘‘(A) A progress report of accomplishments
and expenditures on a State-by-State basis, in-
cluding—
‘‘(i) a statement of the number of
completed record of decisions, removal ac-
tions, remedial actions, and enforcement
actions; and
‘‘(ii) a statement of—
‘‘(I) the aggregate amount ex-
pended in each State;
‘‘(II) the amount expended in
each State for site investigation and
cleanup activities;
‘‘(III) the amount expended in
each State for non site-specific costs;
and
‘‘(IV) the amount expended for
enforcement actions and cost recovery
activities.’’.
(c) OTHER REPORT CONTENTS.—Section 301(h)(1)
is amended—
258
(1) in subparagraph (B) by striking the period
at the end and inserting ‘‘and removal or remedial
action.’’; and
(2) in subparagraph (C) by inserting ‘‘, removal
action, and remedial action’’ after ‘‘study’’.
(d) RESPONSE TO STATE COMMENTS BY EPA.—Sec-
tion 301(h) is amended by adding at the end the following:
‘‘(4) RESPONSE
TO
STATE
COMMENTS
BY
EPA.—The Administrator of the Environmental Pro-
tection Agency shall respond in writing to any com-
ments submitted to the Administrator by a State re-
garding reports developed under this subsection.’’.
SEC. 618. REMEDIAL TECHNOLOGIES.
Section 311 (42 U.S.C. 9660) is amended by adding
at the end the following:
‘‘(h) REMEDIAL TECHNOLOGIES.—
‘‘(1) REPORT.—Not later than 18 months after
the date of the enactment of this subsection, the Ad-
ministrator shall publish a report which—
‘‘(A) identifies existing remedial technology
demonstration and development programs con-
ducted by the Administrator, the States, and
Federal agencies;
259
‘‘(B) identifies and prioritizes remedial
technology needs at National Priorities List fa-
cilities; and
‘‘(C) to the extent information is available
to the Administrator, identifies and prioritizes
remedial technology needs identified through
the performance of removal actions at facilities
not on the National Priorities List.
‘‘(2) STATE INVOLVEMENT.—In preparing the
report pursuant to paragraph (1), the Administrator
shall solicit State involvement.’’.
SEC. 619. REIMBURSEMENT TO STATE AND LOCAL GOVERN-
MENTS.
(a) AMENDMENT OF SECTION 123.—Section 123 (42
U.S.C. 9623) is amended to read as follows:
‘‘SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOV-
ERNMENTS.
‘‘(a) APPLICATION.—Any State or general purpose
unit of local government for a political subdivision of a
State that is affected by a release or threatened release
at any facility may apply to the President for reimburse-
ment under this section.
‘‘(b) REIMBURSEMENT.—
‘‘(1) EMERGENCY
RESPONSE
ACTIONS.—The
President is authorized to reimburse States and local
260
community authorities for expenses incurred (before
or after the enactment of the Superfund Reform Act
of 1995) in carrying out emergency response actions
necessary to prevent or mitigate injury to human
health or the environment associated with the re-
lease or threatened release of any hazardous sub-
stance or pollutant or contaminant. Such actions
may include, where appropriate, security fencing to
limit access, cleanup of illicit drug laboratories, re-
sponse to fires and explosions, and other measures
that require immediate response at the State or local
level.
‘‘(2) STATE
OR
LOCAL
FUNDS
NOT
SUP-
PLANTED.—Reimbursement under this section shall
not supplant State or local funds normally provided
for response.
‘‘(c) AMOUNT.—(1) The amount of any reimburse-
ment to a local authority under subsection (b)(1) may not
exceed $25,000 for a single response. The reimbursement
under this section with respect to a single facility shall
be limited to the units of local government having jurisdic-
tion over the political subdivision in which the facility is
located.
‘‘(2) The amount of any reimbursement to a State
under subsection (b)(1) may not exceed $50,000 for a sin-
261
gle response. The reimbursement under this section with
respect to a single facility shall be limited to the State
in which the facility is located.
‘‘(3) The total amount made available to State and
local governments under subsection (b)(1) may not exceed
$50,000 for a single response.
‘‘(d) PROCEDURE.—Reimbursements authorized pur-
suant to this section shall be in accordance with rules pro-
mulgated by the Administrator.’’.
(b) AMENDMENT OF SECTION 111.—Paragraph (11)
of section 111(c) of such Act is amended—
(1) by striking out ‘‘LOCAL GOVERNMENT RE-
IMBURSEMENT.—’’ and inserting in lieu thereof
‘‘STATE
AND
LOCAL
GOVERNMENT
REIMBURSE-
MENT.—(A)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) Reimbursements to States under section
123, except that no State may receive more than
$2,000,000 in any one fiscal year.’’.
(c) DEADLINE FOR REGULATIONS.—The Adminis-
trator of Environmental Protection Agency shall promul-
gate any regulations necessary to implement section 123
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9623),
262
as amended by subsection (a), not later than 24 months
after the date of the enactment of this Act.
SEC. 620. STUDY OF SMALL DISADVANTAGED BUSINESS
GOALS.
The Administrator of the Environmental Protection
Agency shall study the advisability and feasibility of insti-
tuting a small disadvantaged business goal program for
all contracts entered into by the Federal Government
under the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 and shall report the
Administrator’s recommendations to Congress within 1
year after the date of the enactment of this Act. In carry-
ing out the study, the Administrator shall give due consid-
eration to the small disadvantaged business goals estab-
lished under section 2323 of title 10, United States Code,
for the Department of Defense and to the implementation
of such goals by a State in any case in which a State is
authorized to carry out such Act.
SEC. 621. CONFORMING AMENDMENT.
Section 104(g)(1) (42 U.S.C. 9604(g)(1)) is amended
by striking ‘‘section’’ and inserting in lieu thereof ‘‘Act’’.
TITLE VII—FUNDING
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 
111(a) 
is 
amended 
by 
striking
‘‘$8,500,000,000 for the 5-year period beginning on the
263
date of enactment of the Superfund Amendments and Re-
authorization Act of 1986, and not more than
$5,100,000,000 for the period commencing October 1,
1991, and ending September 30, 1994’’ and inserting
‘‘$9,600,000,000 for the period commencing October 1,
1995, and ending September 30, 2000’’.
SEC. 702. ORPHAN SHARE FUNDING.
Section 111(a) is amended by adding after paragraph
(7) (as added by this Act) the following new paragraph:
‘‘(8) ORPHAN
SHARE
FUNDING.—Payment of
orphan shares pursuant to section 130(e) of this
Act.’’.
SEC. 703. AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGISTRY.
Section 111(m) (relating to ATSDR) is amended to
read as follows:
‘‘(m) AGENCY FOR TOXIC SUBSTANCES AND DIS-
EASE REGISTRY.—There shall be directly available to the
Agency for Toxic Substances and Disease Registry to be
used for the purpose of carrying out activities described
in subsection (c)(4) of this section and section 104(i) of
this Act not less than $100,000,000 per fiscal year for
each of fiscal years 1996, 1997, 1998, 1999, and 2000
of which $20,000,000 per fiscal year shall be available for
the purposes of section 104(i)(15)(C). Any funds so made
264
available which are not obligated by the end of the fiscal
year in which made available shall be turned back to the
Fund.’’.
SEC. 704. LIMITATIONS ON RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAMS.
Section 111(n) is amended to read as follows:
‘‘(n) LIMITATIONS ON RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.—
‘‘(1) SECTION
311(a).—From the amounts
available in the Fund, not more than the following
amounts may be used for the purposes of section
311(a) of this title (relating to hazardous substance
research, demonstration, and training activities):
‘‘(A) For fiscal year 1996 $40,000,000.
‘‘(B) For fiscal year 1997 $50,000,000.
‘‘(C) For fiscal year 1998 $55,000,000.
‘‘(D) For fiscal year 1999 $55,000,000.
‘‘(E) For fiscal year 2000 $55,000,000.
No more than 10 percent of such amounts shall be
used for training under section 311(a) of this title
for any fiscal year.
‘‘(2) SECTION 311(d).—For each of the fiscal
years 1996, 1997, 1998, 1999, and 2000, not more
than $5,000,000 of the amounts available in the
Fund may be used for the purposes of section
265
311(d) of this title (relating to university hazardous
substance research centers).’’.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS FROM
GENERAL REVENUES.
Section 111(p)(1) is amended to read as follows:
‘‘(1) IN GENERAL.—The following sums are au-
thorized to be appropriated, out of any money in the
Treasury not otherwise appropriated, to the Hazard-
ous Substance Superfund:
‘‘(A) For fiscal year 1996, $250,000,000.
‘‘(B) For fiscal year 1997, $250,000,000.
‘‘(C) For fiscal year 1998, $250,000,000.
‘‘(D) For fiscal year 1999, $250,000,000.
‘‘(E) For fiscal year 2000, $250,000,000.
In addition there is authorized to be appropriated to
the Hazardous Substance Superfund for each fiscal
year an amount equal to so much of the aggregate
amount authorized to be appropriated under this
subsection (and paragraph (2) of section 131(b) of
this title) as has not been appropriated before the
beginning of the fiscal year involved.’’.
SEC. 706. ADDITIONAL LIMITATIONS.
Section 111 is amended by adding after subsection
(p) the following new subsections:
266
‘‘(q) CITIZEN
INFORMATION
AND
ACCESS
OF-
FICES.—For each of the fiscal years 1996, 1997, 1998,
1999, and 2000, not more than $50,000,000 of the
amounts available in the Fund may be used for the pur-
poses of section 117(h) of this Act (relating to citizen in-
formation and access offices).
‘‘(r) VOLUNTARY RESPONSE PROGRAMS.—For each
of the fiscal years 1996 through 2000, not more than
$20,000,000 of the amounts available in the Fund may
be used for the purposes of section 128 of this Act (relat-
ing to State voluntary cleanup programs).’’.
SEC. 707. USES OF THE FUND.
Section 111(a) is amended by adding after paragraph
(8) the following new paragraph:
‘‘(9) REIMBURSEMENT
OF
POTENTIALLY
RE-
SPONSIBLE PARTY COSTS.—If a potentially respon-
sible party and the Administrator enter into a settle-
ment under this Act in which the Administrator is
reimbursed for its response costs, and if the Admin-
istrator determines, through a Federal audit of re-
sponse the costs, that costs for which the Adminis-
trator was reimbursed:
‘‘(A) are unallowable due to contractor
fraud, or
267
‘‘(B) are unallowable under the Federal
Acquisition Regulation, or
‘‘(C) should be adjusted due to routine
contract and Environmental Protection Agency
response cost audit procedures,
then the Administrator is authorized to use the fund
to reimburse a potentially responsible party for any
costs identified under subparagraph (A), (B), or (C)
of this paragraph.’’.
TITLE VIII—ENVIRONMENTAL
INSURANCE RESOLUTION FUND
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Environmental Insur-
ance Resolution and Equity Act of 1995’’.
SEC. 802. DEFINITIONS.
For purposes of this title:
(1) APPLICABLE COSTS.—The term ‘‘applicable
costs’’ means applicable National Priorities List
(NPL) facility costs or applicable non-NPL facility
costs. Costs of removal shall be treated as applicable
costs only if the removal is conducted in accordance
with section 104, 106 or 122 of CERCLA or under
the regulations of the Administrator governing re-
moval actions (40 CFR 300.415 or any successor
regulations).
268
(2) APPLICABLE
NPL
FACILITY
COSTS.—The
term ‘‘applicable NPL facility costs’’ means the
costs for an eligible NPL facility—
(A) of response (as defined in section
101(25) of CERCLA);
(B) for natural resources damages under
section 107 of CERCLA; or
(C) to defend potential liability for the
costs described in subparagraph (A) or (B) or
both, including, but not limited to, attorney’s
fees, costs of suit, consultant and expert fees
and costs, and expenses for testing and mon-
itoring.
(3) APPLICABLE NON-NPL FACILITY COSTS.—
The term ‘‘applicable non-NPL facility costs’’ means
the costs for a non-NPL facility—
(A) of removal (as defined in section
101(23) of CERCLA); and
(B) to defend potential liability for such
costs of removal, including, but not limited to,
attorney’s fees, costs of suit, consultant and ex-
pert fees and costs, and expenses for testing
and monitoring.
(4) BOARD.—The term ‘‘Board’’ means the
Board of Trustees of the Fund.
269
(5) CERCLA.—The term ‘‘CERCLA’’ means
the Comprehensive Environmental Response, Com-
pensation and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
(6) ELIGIBLE
COSTS.—The term ‘‘eligible
costs’’ means the applicable costs incurred with re-
spect to a hazardous substance disposed of at an eli-
gible facility for which an eligible person either (A)
has not been reimbursed or (B) has been reimbursed
and that are the subject of a dispute between the eli-
gible person and an insurer. The term eligible costs
shall not include any costs paid by the United
States.
(7) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
cility’’ means an eligible NPL facility or an eligible
non-NPL facility.
(8) ELIGIBLE NPL FACILITY.—The term ‘‘eligi-
ble NPL facility’’ means any facility placed on the
National Priority List at any time, at which a haz-
ardous substance was disposed of on or before De-
cember 31, 1985.
(9) ELIGIBLE NON-NPL FACILITY.—The term
‘‘eligible non-NPL facility’’ means any site or facility
where a removal (as defined in section 101(23) of
CERCLA) was conducted pursuant to governmental
270
direction or oversight under CERCLA and the Na-
tional Contingency Plan at any time, at which a haz-
ardous substance was disposed of on or before De-
cember 31, 1985.
(10) ELIGIBLE
PERSON.—The term ‘‘eligible
person’’ means any person that demonstrates, to the
satisfaction of the Resolution Fund, that such per-
son either—
(A) has received a notice at any time that
it may be a potentially responsible party pursu-
ant to CERCLA with respect to an eligible
NPL facility, which notice requests or demands
that such party perform response actions or pay
response costs or natural resource damages for
such facility; or
(B) is or was liable, or alleged to be liable,
at any time for a removal (as defined in section
101(23) of CERCLA) at any eligible facility,
and had entered into a valid insurance contract for
qualified insurance.
(11) FACILITY.—The term ‘‘facility’’ has the
same meaning as provided in section 101(9) of
CERCLA.
(12) FUND.—The term ‘‘Fund’’ means the En-
vironmental Insurance Resolution Fund.
271
(13) NPL.—The term ‘‘NPL’’ means the Na-
tional Priorities List.
(14) PERSON.—The term person means an in-
dividual, firm, corporation, association, partnership,
consortium, joint venture, commercial entity or gov-
ernmental unit (including any predecessor in interest
or any subsidiary thereof).
(15) 
QUALIFIED
INSURANCE.—The 
term
‘‘qualified insurance’’ means insurance for com-
prehensive general liability or commercial multi-peril
insurance coverage for any period prior to January
1, 1986. For purposes of this paragraph, com-
prehensive general liability insurance includes broad
form liability, general liability, commercial general li-
ability, and excess or umbrella coverage; and com-
mercial multi-peril insurance includes broad form
property, commercial package, special multi-peril,
and excess or umbrella coverage. Such term shall
not include any other insurance, such as environ-
mental impairment liability insurance, whether
found in primary, excess, or umbrella coverage.
(16) VALID INSURANCE CONTRACT.—The term
‘‘valid insurance contract’’ means a contract for
qualified insurance other than any of the following:
272
(A) An insurance contract with respect to
which a person has entered into a settlement
with an insurer providing, or where a final
judgment has provided, that the contract has
been satisfied and that such person has no
right to make any further claims under such
contract.
(B) An insurance contract which covers
only a time period prior to the earliest date of
the action or status of the insured person which
resulted in liability or potential liability under
section 107 of CERCLA.
(C) An insurance contract with an insur-
ance company which is insolvent or in insol-
vency proceedings.
(D) An insurance contract which is the
subject of a settlement between the insurance
company and the insured pursuant to which the
policy has been reformed to include an absolute
exclusion for pollution liability (‘‘absolute pollu-
tion exclusion’’).
(17) STATE.—The term ‘‘State’’ has the same
meaning 
as 
provided 
in 
section 
101(27) 
of
CERCLA.
273
SEC. 
803. 
ENVIRONMENTAL 
INSURANCE 
RESOLUTION
FUND.
(a) 
ENVIRONMENTAL
INSURANCE
RESOLUTION
FUND ESTABLISHED.—There is hereby established the
Environmental Insurance Resolution Fund.
(b) OFFICES.—The principal office of the Fund shall
be in the District of Columbia or at such other place as
the Fund may from time to time prescribe.
(c) STATUS OF RESOLUTION FUND.—Except as ex-
pressly provided in this title, the Fund shall not be consid-
ered an agency or establishment of the United States. The
members of the Board of Trustees shall not, by reason
of such membership, be deemed to be officers or employees
of the United States.
(d) BOARD OF TRUSTEES.—
(1) IN GENERAL.—The Fund shall be adminis-
tered by a Board of Trustees.
(2) MEMBERSHIP.—The Board shall consist of
the following:
(A) GOVERNMENTAL MEMBERS.—
(i) The Administrator of the Environ-
mental Protection Agency or the Adminis-
trator’s designee.
(ii) The Attorney General of the Unit-
ed States or the Attorney General’s des-
ignee.
274
(B) PUBLIC MEMBERS.—Five public mem-
bers appointed by the President not later than
60 days after the date of enactment of this
title, not less than two of whom shall represent
insurers subject to section ll of the Internal
Revenue Code of 1986, and not less than two
of whom shall represent eligible persons as de-
fined in section 802(10). The public members
shall be citizens of the United States.
(C) EX-OFFICIO MEMBER.—The Secretary
of the Treasury shall serve as an ex officio
member of the Board.
(3) CHAIR.—The Chair of the Board shall be
designated by the President from time to time from
among the members described in paragraph (2)(A).
No expenditure may be made, or other action taken,
by the Fund without the concurrence of the Chair
of the Board.
(4) COMPENSATION.—Governmental members
of the Board shall serve without additional com-
pensation. Public members of the Board shall, while
attending meetings of the Board or while engaged in
duties related to such meetings or other activities of
the Board pursuant to this title, be entitled to re-
ceive compensation at the rate of $200 per day, in-
275
cluding travel time. While away from their homes or
regular places of business, members of the Board
shall be allowed travel and actual, reasonable and
necessary expenses to the same extent as officers of
the United States.
(5) TERM OF PUBLIC MEMBERS.—Public mem-
bers of the Board shall serve for a term of 5 years,
except that such members may be removed by the
President for any reason at any time. A public mem-
ber whose term has expired may continue to serve
on the Board until such time as the President ap-
points a successor. The President may reappoint a
public member of the Board, but no such member
may consecutively serve more than two terms.
(6) VACANCIES.—A vacancy on the Board shall
be filled in the same manner as the original appoint-
ment, except that such appointment shall be for the
balance of the unexpired term of the vacant position.
(7) QUORUM.—Four members of the Board
shall constitute a quorum for the conduct of busi-
ness.
(8) MEETINGS.—The Board shall meet not less
than quarterly at the call of the Chair. Meetings of
the Board shall be open to the public unless the
Board, by a majority vote of members present in
276
open session, determines that it is necessary or ap-
propriate to close a meeting. The Chair shall provide
at least 10 days notice of a meeting by publishing
a notice in the Federal Register and such notice
shall indicate whether it is expected that the Board
will consider closing all or a portion of the meeting.
Nothing in this paragraph shall be construed to
apply to informal discussions or meetings among
Board members.
(e) OFFICERS AND EMPLOYEES.—
(1) CHIEF EXECUTIVE OFFICER; CHIEF FINAN-
CIAL OFFICER.—(A) The Fund shall have a Chief
Executive Officer appointed by the Board who shall
exercise any authority of the Fund under such terms
and conditions as the Board may prescribe.
(B) The Fund shall have a Chief Financial Of-
ficer appointed by the Board.
(2) COMPENSATION.—No officer or employee of
the Fund may be compensated by the Fund at an
annual rate of pay which exceeds the rate of basic
pay in effect from time to time for level I of the Ex-
ecutive Schedule under section 5312 of title 5, Unit-
ed States Code. No officer or employee of the Fund,
other than a member of the Board, may receive any
salary or other compensation from any source other
277
than the Fund for services rendered during the pe-
riod of employment by the Fund.
(3) POLITICAL TEST OR QUALIFICATION.—No
political test or qualification shall be used in select-
ing, appointing, promoting, or taking other person-
nel actions with respect to officers, agents, and em-
ployees of the Fund.
(4) ASSISTANCE BY FEDERAL AGENCIES.—The
Attorney General, the Secretary of the Treasury,
and the Administrator of the Environmental Protec-
tion Agency, may to the extent practicable and fea-
sible, and in their sole discretion, make personnel
and other resources available to the Fund. Such per-
sonnel and resources may be provided on a reim-
bursable basis, and any personnel so provided shall
not be considered employees of the Fund for pur-
poses of paragraph (2).
(f) POWERS OF RESOLUTION FUND.—Notwithstand-
ing any other provision of law, except as provided in this
title or as may be hereafter enacted by the Congress ex-
pressly in limitation of the provisions of this subsection,
the Fund shall have the power—
(1) to have succession until dissolved by Act of
Congress;
278
(2) to make and enforce such bylaws, rules and
regulations as may be necessary or appropriate to
carry out the purposes of this title;
(3) to make and perform contracts, agreements,
and commitments;
(4) to settle, adjust, and compromise, and with
or without consideration or benefit to the Fund re-
lease or waive in whole or in part, in advance or
otherwise, any claim, demand, or right of, by, or
against the Fund;
(5) to sue and be sued, complain and defend, in
any State, Federal or other court;
(6) to determine its necessary expenditures and
appoint, employ, and fix and provide for the duties,
compensation and benefits of officers, employees, at-
torneys, and agents, all of whom shall serve at the
pleasure of the Board; except that all amounts with-
drawn from the Treasury of the United States by or
on behalf of the Resolution Fund shall be certified
by a federally authorized certifying officer who is an
employee of the Federal agency represented by the
chair of the Resolution Fund;
(7) to hire or accept the voluntary services of
consultants, experts, advisory boards, and panels to
279
aid the Fund in carrying out the purposes of this
title; and
(8) to take such other actions as may be nec-
essary to carry out the responsibilities of the Fund
under this title.
(g) BORROWING AUTHORITY.—Nothing in this title
shall be construed to permit the Fund to issue any evi-
dence of indebtedness or otherwise borrow money.
SEC. 804. RESOLUTION OFFERS.
(a) IN GENERAL.—The Fund shall offer one com-
prehensive resolution to each eligible person. The offer
shall be for a percentage of all the eligible costs of such
eligible person incurred in connection with all eligible fa-
cilities. The amount of the offer shall be determined pur-
suant to section 806.
(b) REQUESTS FOR RESOLUTION OFFERS.—
(1) IN GENERAL.—An eligible person may, at
any time after the promulgation of the interim final
regulations under section 812(a), file a request for
a resolution offer from the Fund.
(2) RESPONSE TO REQUEST.—Not later than
180 days after the receipt of a complete request as
determined by the Fund, the Fund shall in writ-
ing—
280
(A) make a resolution offer to each eligible
person that has filed a request for a resolution
offer; or
(B) notify a person filing such a request
that such person is not an eligible person.
(c) JOINT VENTURES AND SUBSIDIARIES.—A joint
venture shall not be aggregated with any individual joint
venturer for purposes of this section but shall be treated
as a distinct entity for such purposes. All claims by sub-
sidiaries shall be included in a single claim by the cor-
porate parent for purposes of this Act.
SEC. 805. DOCUMENTATION OF CLAIMS AND INSURANCE
COVERAGE.
(a) SCREENING OF CLAIMS.—
(1) DENIAL
BY
REASON
OF
FELONY.—The
Fund may deny a resolution offer to an otherwise el-
igible person for a specific facility if the eligible per-
son has been convicted of a felony under any Fed-
eral or State statute which has a material effect on
the response costs or natural resource damage in-
curred at the facility.
(2) FILING AND ACTIVE PURSUIT OF CLAIMS.—
The Fund may decide not to make an offer to an
eligible person unless the eligible person has filed a
claim and is actively pursuing the claim. The Fund
281
may also decide that an offer should be made to any
such person.
(b) FILING OF CLAIMS.—For the purposes of sub-
section (a), an eligible person shall be deemed to have filed
a claim if the eligible person has notified one or more of
its insurers of the existence of a claim, or has engaged
in active investigation and preparation of a claim, or has
filed a lawsuit seeking coverage for eligible costs. Failure
to have filed a claim or to have engaged in settlement dis-
cussions before January 1, 1994, shall not be deemed to
preclude an eligible person from receiving an offer from
the Fund if the eligible person had not received any notice
letter from a governmental authority or one or more po-
tentially responsible parties asserting its potential liability
under CERCLA at any eligible facility until after January
1, 1993.
(c) ACTIVE PURSUIT OF CLAIMS.—For purposes of
this section, an eligible person shall be considered to be
actively pursuing a claim if—
(1) the person has filed a lawsuit against an in-
surer, or has filed a motion or another pleading in
a lawsuit against an insurer, or has engaged in any
discovery in a lawsuit against an insurer between
January 1, 1993, and December 31, 1993 regarding
eligible costs at an eligible facility;
282
(2) the person has engaged in settlement dis-
cussions with an insurer between January 1, 1993,
and December 31, 1993 regarding eligible costs at
an eligible facility;
(3) the person has engaged in active investiga-
tion and preparation of a claim before January 1,
1994;
(4) if the person has received a letter from an
insurer rejecting coverage or reserving its rights to
reject coverage regarding eligible costs at an eligible
facility, the person has sent within 1 year thereafter
an additional status report or letter apprising an in-
surer of activities regarding an eligible facility; or
(5) the eligible person has sent a letter to an
insurer notifying an insurer of the potential exist-
ence of a claim regarding eligible costs at an eligible
facility and has received no response from the in-
surer.
(d) DOCUMENTATION OF COVERAGE.—
(1) EFFECT OF DOCUMENTATION.—Coverage of
an eligible person for policy years prior to 1986 and
the applicable deductibles and limits on coverage
shall be confirmed to the satisfaction of the Fund by
the terms of the policies or other documentary proof
283
of insurance provided by, or for, the eligible person
in accordance with this subsection.
(2) 
SUBMISSION
OF
DOCUMENTARY
EVI-
DENCE.—After promulgation of regulations govern-
ing documentation requirements, an eligible person
requesting an offer shall submit: copies of its insur-
ance policies, or other documentary evidence suffi-
cient to establish the following six terms of coverage:
insurance company, policy number, type of policy,
duration of policy, deductible or self-insured reten-
tion, and limit of coverage. Documentary evidence
may consist of any documents from an insurance
company or broker or documents of the eligible per-
son or other party which are generally contempora-
neous with the term of the policy or with subsequent
retrospective rating under the policy. Where docu-
mentary evidence (other than a policy) is relied upon
as the proof of coverage, an eligible person must cer-
tify that it has undertaken a good faith investigation
of its records, that its submission is complete and
accurate to the best of its information and belief,
and that it does not have a copy of the insurance
policy. If an eligible person submits documentary
evidence which does not establish all six terms of
coverage but which does establish the name of the
284
insurance company and one or more other terms evi-
dencing coverage, the named insurance company
shall undertake an investigation for any policy or
other relevant documents evidencing the eligible per-
son’s coverage. At the conclusion of the investiga-
tion, the named insurance company shall—
(A) produce to the Fund any policies or
other documents relevant to the eligible per-
son’s claim of coverage; or
(B) certify that it has undertaken a good
faith investigation of its records and that it has
produced any and all policies or documents
available to the insurer and relevant to the eli-
gible person’s claim of coverage.
Subsequent to the named insurance company’s pro-
duction or certification, the Fund shall decide
whether a person has provided adequate proof of in-
surance based on the evidence presented. Submission
of the six terms of coverage referred to in this para-
graph shall be treated as adequate proof of insur-
ance.
(e) PRIOR SETTLEMENTS.—
(1) DISCLOSURE.—Each eligible person shall be
required to disclose and certify the amounts and
terms of any settlement reached with an insurer for
285
eligible costs at eligible facilities. In the event that
the terms of such a settlement are subject to a pro-
tective order or are otherwise confidential, the eligi-
ble person may provide evidence of the confidential
nature of the settlement information to the Fund.
Upon receipt of such evidence, the Fund shall be ob-
ligated to preserve the confidentiality of all such set-
tlement information.
(2) EFFECT
OF
TITLE
ON
PRIOR
SETTLE-
MENTS.—This title shall have no effect on prior set-
tlements between eligible persons and an insurer.
SEC. 806. AMOUNT OF RESOLUTION OFFERS.
(a) RESOLUTION OFFERS.—The Fund shall make
resolution offers to each eligible person equal to the appli-
cable percentage (determined under this section) of the
lesser of the following:
(1) The eligible costs actually incurred by an el-
igible person.
(2) The available coverage, as determined under
this section.
(b) APPLICABLE PERCENTAGE.—
(1) IN GENERAL.—For each eligible person that
has not established a litigation venue pursuant to
subsection (d), the applicable percentage shall be
equal to the facility location percentage for that per-
287
ed average of the State percentages for each
such eligible non-NPL facility. In determining
such weighted average, each such facility shall
be accorded equal value.
(3) LITIGATION VENUE PERCENTAGE.—
(A) ONE OR MORE ELIGIBLE NPL FACILI-
TIES.—For each eligible person that has estab-
lished one or more litigation venues pursuant to
subsection (d) with respect to one or more eligi-
ble NPL facilities, the Fund shall establish a
litigation venue percentage. The percentage
shall be equal to the weighted average of the
State percentages for each eligible NPL facility
in each State in which such eligible person has
established a litigation venue. In determining
such weighted average, each eligible NPL facil-
ity with respect to which such person has estab-
lished a litigation venue shall be accorded equal
value.
(B) NO ELIGIBLE NPL FACILITIES.—For
each eligible person that does not have one or
more eligible NPL facilities and has established
litigation venue with respect to one or more eli-
gible non-NPL facilities pursuant to subsection
(d), the Fund shall establish a litigation venue
288
percentage equal to the weighted average of the
State percentages for each eligible non-NPL fa-
cility in each State in which such eligible person
has established a litigation venue. In determin-
ing such weighted average, each eligible non-
NPL facility with respect to which litigation
venue has been established shall be accorded
equal value.
(4) EXTRA WEIGHTING OF LARGE SITES.—In
determining the facility location percentage under
paragraph (2)(A), the Fund shall count a facility
twice for weighting purposes if—
(A) the facility is located in the same State
as the State in which litigation venue has been
established;
(B) the facility is included in the eligible
person’s coverage litigation in that venue; and
(C) total response costs incurred plus esti-
mated response costs exceed $50,000,000, as
established by governmental cost summaries or
demands, records or decision, or evidence satis-
factory to the Fund of costs actually incurred.
(c) STATE PERCENTAGE.—
(1) CONGRESSIONAL FINDINGS.—The Congress
finds that as of January 1, 1994, State law gen-
289
erally is more favorable to eligible persons that pur-
sue claims concerning eligible costs against insurers
in some States, that State law generally is more fa-
vorable to insurers with respect to such claims in
some States, and that in some States the law gen-
erally favors neither insurers nor eligible persons
with respect to such claims or that there is insuffi-
cient information to determine whether such law
generally favors insurers or eligible persons with re-
spect to such claims. The Congress further finds
that considerations of equity and fairness require
that resolution offers made by the Fund must vary
to reflect the relative state of the law among the sev-
eral States.
(2) STATE
PERCENTAGE
CATEGORIES.—The
States are hereby classified into the following per-
centage categories:
(A) 20 PERCENT.—The State percentage
shall be 20 percent for: Florida, Maine, Mary-
land, Massachusetts, Michigan, New York,
North Carolina, and Ohio.
(B) 60 PERCENT.—The State percentage
shall be 60 percent for: California, Colorado,
Georgia, Illinois, New Jersey, Washington,
West Virginia, and Wisconsin.
290
(C) 40 PERCENT.—For all other States the
State percentage shall be 40 percent.
(d) LITIGATION VENUE.—For purposes of this sec-
tion, litigation venue is considered established with respect
to an eligible person if—
(1) on or before December 31, 1993, the eligi-
ble person had pending in a court of competent ju-
risdiction a complaint against an insurer with re-
spect to eligible costs at an eligible facility; and
(2) no motion to change venue with respect to
such complaint was pending on or before January
31, 1994.
(e) AVAILABLE COVERAGE.—
(1) IN GENERAL.—The Fund shall determine
the available coverage for each eligible person by
adding the limits of liability contained in all valid in-
surance contracts of insurance (including per occur-
rence, aggregate, primary, excess or other limits)
and then by subtracting the total of all deductibles
and self-insured retentions applicable to those poli-
cies. In calculating the available coverage and the
average deductible pursuant to section 808(c), the
Fund shall exclude any deductible or self-insured re-
tention contained in a policy which has already been
paid by the eligible person.
291
(2) PER
OCCURRENCE
BASIS
POLICIES.—For
insurance policies with limits or deductibles ex-
pressed on a per occurrence basis without an aggre-
gate limit, the limit or deductible shall be an amount
equal to the limit or deductible in the policy multi-
plied by the number of eligible facilities of the eligi-
ble person and by the number of years the policy
was in effect. Per occurrence limits or deductibles
may be adjusted by the Fund whenever there is an
increase in the eligible facilities attributable to an el-
igible party.
(f) ADJUSTMENT FOR OWNED PROPERTY SITES.—
(1) ADJUSTMENT.—If an eligible person seeks
payment of eligible costs for an owned property site,
only 70 percent of such eligible costs (including eligi-
ble costs for off site contamination attributable to
the owned property) shall be taken into account in
making payments under this section.
(2) DEFINITIONS.—For purposes of this sub-
section—
(A) OWNED
PROPERTY
SITE.—A facility
shall be considered an owned property site if—
(i) an eligible person owned or leased
the facility at the time of initial disposal or
a predecessor company owned or leased the
292
facility at the time of initial disposal and
the predecessor company merged into an
eligible person or became the wholly owned
subsidiary of an eligible person;
(ii) the property owned or leased by
the eligible person or predecessor company
represents all or a portion of the facility as
specifically designated on the NPL or as
subject to a removal covered by this title;
(iii)(I) an eligible person or prede-
cessor company generated all of the haz-
ardous substances which were disposed of
during the period such person or prede-
cessor owned or leased the facility, or (II)
an eligible person or predecessor company
owned a landfill which is part of the prop-
erty on which a manufacturing or indus-
trial facility is situated, the landfill was
used for the treatment, storage, or disposal
of waste generated from the manufacturing
or industrial facility and from third par-
ties, and the landfill contains waste that is
not primarily municipal solid waste or sew-
age sludge as defined in title VI of this
Act; and
293
(iv) the hazardous substances associ-
ated with the owned property constitute
the basis for liability at the facility.
(B) PROPERTY NOT CONSIDERED OWNED
PROPERTY.—A facility shall not be considered
owned property of an eligible person for pur-
poses of this section when the eligible person
acquired the facility from, or acquired the as-
sets of, a company which engaged in initial dis-
posal of hazardous substances at the facility
and the eligible person did not engage in initial
disposal of hazardous substances at the facility
during its period of ownership. An owned prop-
erty site shall not include a public or commer-
cial landfill primarily used for disposal, storage,
or treatment of municipal solid waste or sewage
sludge as defined in title VI of this Act.
(C) INITIAL DISPOSAL.—For purposes of
this paragraph, the term initial disposal means
the 
spilling, 
pumping, 
pouring, 
emitting,
emptying, discharging, injecting, dumping, dis-
posing, placing, or leaking of hazardous sub-
stances into the environment caused by the fa-
cility owner but does not include—
294
(i) any continuing or further leaking,
escaping, or leaching of hazardous sub-
stances into the environment during subse-
quent periods of ownership which was not
caused by the acts of a subsequent owner;
or
(ii) any activities undertaken by an
owner related to response at the facility.
SEC. 807. ACCEPTANCE OF RESOLUTION OFFER.
(a) ACCEPTANCE.—
(1) ELECTION TO ACCEPT.—An eligible person
may, when submitting a request for a resolution to
the Fund, make a written irrevocable election to ac-
cept any resolution to be made by the Fund.
(2) NOTIFICATION.—An eligible person that
does not make an election pursuant to paragraph (1)
shall, within 60 days of the receipt of a resolution
offer from the Fund, notify the Fund in writing of
its irrevocable acceptance or rejection of such offer.
An eligible person who does not so accept or reject
a resolution offer within 60 days shall be deemed to
have made an irrevocable election to reject the offer.
(b) 
ACCEPTANCE
OR
REJECTION
PRIOR
TO
OFFER.—Upon expiration of the 60-day period imme-
diately following the enactment of this Act, any eligible
295
person may notify the Fund that such eligible person ac-
cepts or rejects any offer to be issued by the Fund under
this title. Any such notice shall be signed by a duly author-
ized officer of the eligible person, as certified by the sec-
retary of the eligible person or by a person with equivalent
authority.
(c) WAIVER OF INSURANCE CLAIMS.—Any eligible
person accepting a resolution offer from the Fund shall
agree in writing, subject to reinstatement described in sub-
section (d) to waive, stay, or dismiss any of its existing
and future claims against any insurer for eligible costs,
including bad faith claims pertaining to actions to recover
eligible costs.
(d) REINSTATEMENT OF INSURANCE CLAIMS.—If the
Fund fails to timely fulfill its obligations to an eligible per-
son under the terms of an accepted resolution offer, such
eligible person shall be entitled to reinstate any of its exist-
ing and future claims under a contract for insurance with
respect to eligible costs. A shortfall provided for in section
808(f) shall not be considered a failure of the Fund to
timely fulfill its obligations.
SEC. 808. RESOLUTION PAYMENTS.
(a) TIME OF PAYMENT; PRE-RESOLUTION COSTS.—
The Fund shall make equal annual payments over a period
of 10 years for the applicable percentage of eligible costs
296
incurred by an eligible person on or before the date such
person accepts a resolution offer. The Fund may, in its
sole discretion, make such payments over a shorter period
if the aggregate eligible costs do not exceed $50,000. An
eligible person shall submit to the Fund documentation
of such costs as the Fund may require. The initial pay-
ment to an eligible person under this paragraph shall be
made not later than 60 days after the receipt of docu-
mentation satisfactory to the Fund. Interest shall not ac-
crue on amounts payable pursuant to a resolution offer
during the 5-year period beginning on the date of the en-
actment of this Act. In each year thereafter, interest shall
accrue on the unpaid balance of the pre-resolution costs
in an amount equal to the rate of interest on one year
Treasury bills issued on the anniversary of such date of
enactment, or if no bills were issued on such date, on the
last date such bills were issued prior to such anniversary.
(b) TIME OF PAYMENT; POST-RESOLUTION COSTS.—
The Fund shall make payments for eligible costs incurred
by an eligible person after the date such person accepts
a resolution offer to the eligible person, or to a contractor
or other person designated by the eligible person, subject
to such documentation as the Fund may require. Pay-
ments under this title shall be made not later than 60
297
days after the receipt of documentation (satisfactory to
the Fund) with respect to such costs.
(c) ADJUSTMENT FOR DEDUCTIBLE OR SELF INSUR-
ANCE.—In the case of an eligible person that has submit-
ted to the Fund, as proof of status as an eligible person,
a valid insurance contract subject to a self-insured reten-
tion or a deductible, payment to such eligible person pur-
suant to a resolution shall be reduced once by an amount
equal to the average of the amounts of self-insured reten-
tions and deductibles in all valid insurance contracts of
insurance of the eligible person. For purposes of determin-
ing such average in the case of a per occurrence deductible
or self-insured retention, the Fund shall only count such
deductible or self-insured retention once for each policy
year.
(d) ADJUSTMENT FOR CERTAIN DUTY-TO-DEFEND
COSTS.—If an insurer has incurred and paid costs pursu-
ant to a duty-to-defend clause contained in a contract for
insurance, and such costs are the subject of a dispute be-
tween the eligible person and an insurer, the Fund shall
reduce payment of a resolution to an eligible person by
such amount and pay such amount to the insurer. If such
costs were paid by the insurer on or before the date the
eligible person accepted a resolution offer made by the
Fund, payment to an insurer under this section shall be
298
made in equal annual installments over a period of 10
years, and interest shall not accrue with respect to such
costs. The Fund may, in its sole discretion, make such
payments over a shorter period if the aggregate costs do
not exceed $50,000.
(e) EFFECT OF PAYMENTS.—(1) Payments made to
an eligible person by the Fund pursuant to a resolution
offer shall be treated as payments made by an insurer in
satisfaction of the terms and conditions of a contract of
insurance. Such payments shall be allocated pro rata to
each year in which proof of insurance has been estab-
lished. The amount allocated to each coverage year shall
be allocated 100 percent to the primary coverage until it
is exhausted and then 100 percent to each successively
higher layer of coverage until each such layer is exhausted.
(2) No insurer shall be allowed to collect recovery
pursuant to a reinsurance contract on the basis of a pay-
ment by the Fund unless such reinsurer is not subject to
the fees under section lll of the Internal Revenue
Code or has not satisfied its obligations pursuant to such
fees.
(f) SHORTFALL.—If, in any year during the first 10
years after enactment, the Fund does not have sufficient
funds available to pay all eligible costs of resolution offers
accepted by eligible persons, the Fund shall determine the
299
amount of the costs which cannot be paid in that year
(the ‘‘shortfall’’). The Fund shall allocate the shortfall to
the eligible persons in proportion to the size of their pend-
ing claims for reimbursement from the Fund. This short-
fall shall be paid to the eligible person and shall be amor-
tized over the next 5 years, and the amortized amount
shall be paid with interest at the rate specified for the
amortization of past costs. A shortfall which is being am-
ortized hereunder shall not be considered a default by the
Fund, triggering the reinstatement of claims.
(g) INTERIM ALLOCATIONS.—An eligible person ac-
cepting an offer of resolution shall be entitled to receive
payment of all eligible costs which have been incurred. If
an eligible person obtains reimbursement of such eligible
costs as a result of a final allocation, contribution action,
or otherwise, the eligible person must notify the Fund of
the amount of the reimbursement and must either (1) re-
duce its next claim to the Fund for payment of eligible
costs by the amount of the reimbursement, or (2) refund
the amount of the reimbursement.
SEC. 809. REJECTION OF RESOLUTION OFFER AND REIM-
BURSEMENT TO INSURER.
If an eligible person rejects a resolution offer (includ-
ing a rejection pursuant to section 807(b)), litigates a
claim with respect to eligible costs against 1 or more in-
300
surers, and obtains a final judgment against, or enters
into a settlement with, any such insurer, the Fund—
(1) shall reimburse to such insurer or insurers
the lesser of the amount of the resolution offer made
to the eligible person (or, in the case of a rejection
pursuant to section 807(b), the amount which the
Fund would have offered) or the final judgment or
settlement; and
(2) may, if the resolution offer exceeded the
final judgment or settlement, reimburse the insurer
or insurers for unrecovered reasonable costs and
legal fees, except that the total reimbursement under
this subsection may not exceed the amount of the
resolution offer to the eligible person (or, in the case
of a rejection pursuant to section 807(b), the
amount which the Fund would have offered).
Reimbursements pursuant to this subsection shall be sub-
ject to such documentation as the Fund may require and
shall be made by the Fund not later than 60 days after
receipt by the Fund of a complete request for reimburse-
ment satisfactory to the Fund.
SEC. 810. FINANCIAL STATEMENTS, AUDITS, INVESTIGA-
TIONS, AND INSPECTIONS.
(a) IN GENERAL.—The financial statements of the
Fund shall be prepared in accordance with generally ac-
301
cepted accounting principles and shall be audited annually
by an independent certified public accountant in accord-
ance with the auditing standards issued by the Comptrol-
ler General. Such auditing standards shall be consistent
with the private sector’s generally accepted auditing
standards.
(b) INVESTIGATIONS AND OTHER AUDITS.—The In-
spector General of the Environmental Protection Agency
is authorized to conduct audits and investigations as the
Inspector General deems necessary or appropriate.
SEC. 811. STAY OF PENDING LITIGATION.
(a) ENACTMENT OPERATES AS STAY.—Except as
provided in this section, enactment of this title shall oper-
ate as a stay, applicable to all persons other than the
United States, of the commencement or continuation, in-
cluding the issuance or employment of process or service
of any pleading, motion, or notice, of any judicial, admin-
istrative, or other action with respect to claims for indem-
nity or other claims arising from a valid insurance con-
tract of qualified insurance concerning insurance coverage
for eligible costs.
(b) ACTIONS NOT AFFECTED.—Nothing in this title
shall be construed to authorize a stay of any action involv-
ing claims that do not concern eligible costs or a valid
insurance contract of qualified insurance. Any such claim
302
shall be severed by operation of law from claims involving
eligible costs or valid contracts of insurance of qualified
insurance, and the insured party may proceed with the
prosecution of the severed claims not involving eligible
costs or not involving qualified insurance.
(c) TERMINATION OF STAY.—(1) The stay estab-
lished by subsection (a) shall terminate with respect to an
eligible person upon the earlier of the following:
(A) The rejection of a resolution offer (includ-
ing an early rejection) by such eligible person pursu-
ant to section 807.
(B) A determination by the Fund that an offer
will not be made to such eligible person or that such
person is not an eligible person.
(C) A determination by the Fund pursuant to
section 816(b) that the minimum participation level
has not been achieved.
(D) A failure by the Fund at any time after the
date 10 years after the enactment of this Act to
timely pay to such eligible person a resolution pay-
ment equal to the total amount of eligible costs (in-
cluding shortfalls from prior years) required to be
paid to such person under a resolution offer in any
year after such date.
303
(2) The stay established by subsection (a) shall termi-
nate on the date that is 10 years after the enactment of
this Act with respect to:
(A) A person that becomes an eligible person on
or after such date.
(B) An eligible person that has not filed a re-
quest for a resolution offer and has not rejected a
resolution offer pursuant to section 807(b) before
such date.
(d) 
AUTHORITY
OF
UNITED
STATES
UNAF-
FECTED.—Nothing in this section shall be construed to
limit or affect in any way the discretion or authority of
the United States or any party to commerce or continue
any allocation process, cost recovery, or other action pur-
suant to the authority of sections 101 through 122a of
CERCLA.
(e) STATUTE
OF LIMITATION TOLLED.—Notwith-
standing any other provision of Federal or State law, any
Federal or State statute of limitation concerning the filing
or prosecution of an action by an eligible person against
an insurer, or by an insurer against an eligible person,
with respect to eligible costs shall be tolled during the
pendency of the stay of pending litigation established by
this title.
304
SEC. 812. REGULATIONS.
(a) PROCEDURES AND DOCUMENTATION.—Not later
than 120 days after the date of enactment of this title,
the Fund shall publish in the Federal Register for public
comment of not more than 60 days interim final regula-
tions concerning procedures and documentation for the
submission of requests for resolution offers and the pay-
ment of accepted resolution offers. Not later than 60 days
after the close of the public comment period, the Fund
shall publish in the Federal Register final regulations con-
cerning such procedures and documentation, which may
be amended by the Fund from time to time. The Fund
in its discretion may require that requests for resolution
offers made before the issuance of final regulations pursu-
ant to this subsection be revised to conform to the require-
ments of such final regulations.
(b) OTHER REGULATIONS.—The Fund may prescribe
such other regulations, rules and procedures as the Fund
deems appropriate from time to time.
(c) JUDICIAL REVIEW.—No regulation, rule or proce-
dure prescribed by the Fund shall be subject to review by
any court except to the extent such regulation, rule or pro-
cedure is not consistent with a provision of this title. No
resolution offer made by the Fund shall be subject to re-
view by any court.
305
SEC. 813. COURT JURISDICTION AND PENALTIES.
(a) JURISDICTION OF FEDERAL COURTS.—Notwith-
standing section 1349 of title 28, United States Code:
(1) The Fund shall be deemed to be an agency
of the United States for purposes of sections 1345
and 1442 of title 28, United States Code.
(2) All civil actions to which the Fund is a
party shall be deemed to arise under the laws of the
United States, and the district courts of the United
States shall have original jurisdiction of all such ac-
tions, without regard to amount or value.
(3) Any civil or other action, case or con-
troversy in a court of a State, or in any court other
than a district court of the United States, to which
the Fund is a party may at any time before the trial
thereof be removed by the Fund, without the giving
of any bond or security, to the district court of the
United States for the district and division embracing
the place where the same is pending, or, if there is
no such district court, to the district court of the
United States for the district in which the principal
office of the Fund is located, by following any proce-
dure for removal of causes in effect at the time of
such removal.
306
(4) No attachment or execution shall be issued
against the Fund or any of its property before final
judgment in any State, Federal, or other court.
(b) FALSE
OR
FRAUDULENT
STATEMENTS
OR
CLAIMS.—
(1) CRIMINAL PENALTIES.—(A) For purposes
of section 287 of title 18, United States Code (relat-
ing to false claims), the Fund shall be considered an
agency of the United States and any officer or em-
ployee of the Fund shall be considered a person in
the civil service of the United States.
(B) For purposes of section 1001 of title 18,
United States Code (relating to false statements or
entries), the Fund shall be considered an agency of
the United States.
(2) CIVIL PENALTIES.—Officers and employees
of the Fund shall be considered officers and employ-
ees of the United States for purposes of section
3729 of title 31, United States Code (relating to
false claims).
SEC. 814. MISCELLANEOUS PROVISIONS.
(a) ADMISSIBILITY
OF RESOLUTION OFFER.—No
resolution offered by the Fund shall be admissible in any
legal action brought by an eligible person against an in-
surer or by an insurer against an eligible person.
307
(b) RESOLUTION PROCESS NOT ADMISSION OF LI-
ABILITY.—No provision of this title, and no action by an
eligible person undertaken in connection with any provi-
sion of this title shall in any way constitute an admission
of liability in connection with the disposal of a hazardous
substance.
(c) PRECEDENTIAL EFFECT.—No provision of this
title shall affect or be construed to establish a precedent
with respect to any insurance dispute between any person
and insurer not subject to a stay under this title.
(d) 
SOVEREIGN
IMMUNITY
OF
THE
UNITED
STATES.—No obligation or liability of the Fund shall con-
stitute an obligation or liability of the United States, or
of any department, agency, instrumentality, officer, or em-
ployee thereof. No person shall have a cause of action of
any kind against the United States, or any department
agency, instrumentality, officer, or employee thereof with
respect to any obligation, liability, or activity of the Fund.
SEC. 815. REPORTS.
(a) REPORT ON POTENTIAL FOR ESCALATION OF
EIRF LIABILITY.—Not later than the end of the 5th year
after enactment of this title, the President shall submit
a report to Congress assessing the potential liability of the
Fund over the next 5-year period. The report shall include
recommendations for amendments to address any short-
308
falls between the projected potential liability of the Fund
and the amounts authorized to be raised over such 5-year
period.
(b) REPORT ON NON-NPL FACILITIES.—The Presi-
dent shall conduct a study of the number of non-NPL fa-
cilities and the average cleanup cost per non-NPL facility
and shall report his findings not later than 3 years after
the date of enactment.
(c) ANNUAL REPORTS.—The Fund shall report annu-
ally to the President and the Congress not later than Jan-
uary 15 of each year on its activities for the prior fiscal
year. The report shall include—
(1) a financial statement audited by an inde-
pendent auditor; and
(2) a determination of whether the fees and as-
sessments imposed by section ll of the Internal
Revenue Code of 1986 will be sufficient to meet the
anticipated obligations of the Fund.
(d) SPECIAL REPORTS.—The Fund shall promptly
report to the President and the Congress at any time the
Fund determines that the fees and assessments imposed
by section ll of the Internal Revenue Code of 1986 will
be insufficient to meet the anticipated obligations of the
Fund.
309
SEC. 816. EFFECTIVE DATE.
(a) IN GENERAL.—This title shall take effect on the
date of enactment of this Act.
(b) MINIMUM PARTICIPATION LEVEL BY ELIGIBLE
PERSONS.—
(1) IDENTIFICATION OF LITIGATING ELIGIBLE
PERSONS.—Each insurance company providing in-
surance coverage to eligible persons shall submit to
the Fund, within 30 days after the enactment of this
Act, a list of all eligible persons which filed suit
against that company for eligible costs prior to the
enactment of this Act and shall notify each eligible
person which is on the list.
(2) REQUESTS
FOR
APPLICABLE
PERCENT-
AGE.—Each eligible person identified on a list under
paragraph (1) shall file a request for its applicable
percentage (as determined under section 806(b))
with the Fund within 60 days after the enactment
of this Act. The Fund shall determine the applicable
percentage of the eligible person and notify the eligi-
ble person of such percentage within 90 days of en-
actment. Each eligible person receiving such notifi-
cation shall decide whether to accept or reject the
applicable percentage determination within 135 days
of enactment. An eligible person which has made an
early acceptance or rejection pursuant to section
310
807(b) shall be deemed to have accepted or rejected
its applicable percentage, as the case may be. Any
eligible person which does not file such a request
within such period, and any eligible person which
files such a request and does not reject the applica-
ble percentage determination within 135 days after
the enactment of this Act, shall be deemed to have
accepted the determination solely for the purposes of
this section.
(3) MINIMUM PARTICIPATION LEVEL.—Within
150 days after enactment, the Fund shall deter-
mine—
(A) the number of eligible persons on the
list under paragraph (1), and
(B) the weighted average (as determined
under paragraph (4)) of such eligible persons,
which have accepted or rejected applicable percent-
age determinations under this subsection. If more
than 15 percent of the eligible persons on such list
or more than a weighted average of 15 percent of
such eligible persons have rejected such determina-
tions, the provisions of this title and the insurance
fee provisions of title IX shall cease to have any
force and effect, and any fees paid by insurance
companies which have not been utilized for adminis-
311
tration of the Fund shall be refunded to those com-
panies.
(4) WEIGHTED AVERAGE.—The weighted aver-
age of eligible persons accepting or rejecting applica-
ble percentage determinations shall be determined by
multiplying the acceptances or rejections by eligible
persons listed under paragraph (1) times the num-
ber of each such person’s eligible facilities (without
regard to whether or not any such is the subject of
any lawsuit).
SEC. 817. TERMINATION OF AUTHORITY TO OFFER AND AC-
CEPT RESOLUTION.
(a) AUTHORITY TO ACCEPT REQUEST FOR RESOLU-
TION.—The authority of the Fund to accept requests for
resolution shall terminate on the date 10 years after the
enactment of this Act.
(b) AUTHORITY TO OFFER RESOLUTIONS.—The au-
thority of the Fund to offer resolutions to eligible persons
shall terminate after the date 10 years and 180 days after
the date of the enactment of this Act.
(c) CONTINUING OBLIGATIONS.—Until termination
of the Fund, the Fund shall continue to—
(1) make payments pursuant to resolution of-
fers for any eligible facility which is identified at the
312
time of acceptance of the resolution offer or within
10 years after the enactment of this Act; or
(2) reimburse insurers with respect to litigation
commenced or continued in connection with a resolu-
tion offer made on or before the date 10 years after
the date of the enactment of this Act, where the res-
olution offer was rejected by an eligible person or
not acted upon by an eligible person.
SEC. 818. TERMINATION OF FUND.
If, during any two-year calendar period commencing
after the date 10 years after the date of the enactment
of this Act, no eligible person makes a claim to the Fund
for payment of eligible costs, the Fund shall terminate,
and all amounts remaining in the Fund shall be deposited
in the General Fund of the Treasury.
313
TITLE IX—ENVIRONMENTAL IN-
SURANCE 
RESOLUTION
TAXES AND TRUST FUND; 5-
YEAR 
EXTENSION 
OF 
HAZ-
ARDOUS 
SUBSTANCE
SUPERFUND
Subtitle A—Environmental Insur-
ance 
Resolution 
Taxes 
and
Trust Fund
SEC. 
901. 
ENVIRONMENTAL 
INSURANCE 
RESOLUTION
TAXES.
(a) GENERAL RULE.—Chapter 38 of the Internal
Revenue Code of 1986 (relating to environmental taxes)
is amended by adding at the end the following new sub-
chapter:
‘‘Subchapter E—Environmental Insurance
Resolution Taxes
‘‘Part I. Tax on persons with base-period exposure.
‘‘Part II. Tax on current-year premiums.
‘‘Part III. Assessment on insurers resolving claims with Environ-
mental Insurance Resolution Trust Fund.
‘‘Part IV. Termination; administrative provisions.
‘‘PART I—TAX ON PERSONS WITH BASE-PERIOD
EXPOSURE
‘‘Sec. 4691. Imposition of tax.
‘‘Sec. 4692. Adjusted base-period commercial premiums.
‘‘Sec. 4693. Commercial net premiums.
‘‘Sec. 4694. Other definitions and special rules.
314
‘‘SEC. 4691. IMPOSITION OF TAX.
‘‘(a) GENERAL RULE.—There is hereby imposed on
each assessable person engaged in any trade or business
during any calendar year a tax for such calendar year
equal to the sum of—
‘‘(1)(A) such person’s adjusted base-period
commercial direct premiums, multiplied by
‘‘(B) the applicable direct funding rate, and
‘‘(2)(A) such person’s adjusted base-period
commercial reinsurance premiums, multiplied by
‘‘(B) the applicable reinsurance funding rate.
‘‘(b) APPLICABLE FUNDING RATES.—For purposes
of subsection (a)—
‘‘(1) APPLICABLE
DIRECT
FUNDING
RATE.—
The applicable direct funding rate is—
‘‘(A) 0.22 percent for 1995, 1996, 1997,
and 1998, and
‘‘(B) zero thereafter.
‘‘(2) 
APPLICABLE
REINSURANCE
FUNDING
RATE.—The applicable reinsurance funding rate is—
‘‘(A) 0.83 percent for 1995, 1996, 1997,
and 1998, and
‘‘(B) 0.14 percent thereafter.
‘‘(c) ADJUSTED DIRECT AND REINSURANCE PRE-
MIUMS.—For purposes of subsection (a)—
315
‘‘(1) ADJUSTED BASE-PERIOD COMMERCIAL DI-
RECT PREMIUMS.—The term ‘adjusted base-period
commercial direct premiums’ means an amount
equal to the percentage of the aggregate adjusted
base-period commercial premiums which is the same
percentage as the percentage of the sum described in
section 4692(a)(1) which is attributable to net pre-
miums written from qualified commercial policies
(other than reinsurance policies).
‘‘(2) ADJUSTED BASE-PERIOD COMMERCIAL RE-
INSURANCE PREMIUMS.—The term ‘adjusted base-
period commercial reinsurance premiums’ means ad-
justed base-period commercial premiums which are
not adjusted base-period commercial direct pre-
miums.
‘‘(d) TIME FOR PAYMENT OF TAX.—
‘‘(1) MONTHLY INSTALLMENTS.—The tax im-
posed by subsection (a) on any assessable person for
any calendar year shall be paid in equal monthly in-
stallments during such calendar year.
‘‘(2) DUE DATE FOR INSTALLMENT.—Any in-
stallment under paragraph (1) for any month shall
be paid on or before the last day of such month.
‘‘(e) ASSESSABLE PERSON.—For purposes of this
part, the term ‘assessable person’ means any person—
316
‘‘(1) which has commercial net premiums for
any base-period year; and
‘‘(2) which is—
‘‘(A) a United States person, or
‘‘(B) a person (other than a United States
person) if—
‘‘(i) such person, during the calendar
year for which the tax would be assessed,
is engaged in any trade or business within
the United States, and
‘‘(ii) such person’s taxable income
which is effectively connected with the con-
duct of such business is taxed under sec-
tion 871(b) or 882(a) and is not exempt
from such tax under a treaty obligation of
the United States.
‘‘SEC. 4692. ADJUSTED BASE-PERIOD COMMERCIAL PRE-
MIUMS.
‘‘(a) GENERAL RULE.—For purposes of this part, the
adjusted base-period commercial premiums of any person
is the excess (if any) of—
‘‘(1) the sum of the inflation-adjusted commer-
cial premiums of such person for each base-period
year, over
‘‘(2) the exemption amount.
317
‘‘(b) 
INFLATION-ADJUSTED
COMMERCIAL
PRE-
MIUMS.—For purposes of this part, the inflation-adjusted
commercial premiums of any person for any base-period
year shall be an amount equal to the commercial net pre-
miums of such person for such base-period year multiplied
by the inflation adjustment factor for such base-period
year.
‘‘(c) INFLATION ADJUSTMENT FACTOR.—
‘‘In the case of the following
The inflation
base-period years:
adjustment factor is:
1968 .........................................................................................
3.09
1969 .........................................................................................
2.93
1970 .........................................................................................
2.77
1971 .........................................................................................
2.66
1972 .........................................................................................
2.57
1973 .........................................................................................
2.42
1974 .........................................................................................
2.18
1975 .........................................................................................
2.00
1976 .........................................................................................
1.89
1977 .........................................................................................
1.78
1978 .........................................................................................
1.65
1979 .........................................................................................
1.48
1980 .........................................................................................
1.31
1981 .........................................................................................
1.18
1982 .........................................................................................
1.12
1983 .........................................................................................
1.08
1984 .........................................................................................
1.04
1985 .........................................................................................
1.00
‘‘(d) EXEMPTION AMOUNT.—For purposes of this
section—
‘‘(1) IN GENERAL.—The exemption amount for
any person is $50,000,000.
‘‘(2) AGGREGATION RULES.—For purposes of
paragraph (1)—
‘‘(A) IN GENERAL.—All persons treated as
a single employer as of February 2, 1994,
318
under subsection (a) or (b) of section 52 shall
be treated as 1 person.
‘‘(B) JOINT UNDERWRITING.—
‘‘(i) IN GENERAL.—In the case of any
joint underwriting operation of insurance
or reinsurance—
‘‘(I) under which the participat-
ing persons assume a portion of the
business written and share pro rata in
the premiums, losses, expenses, and
profits, and
‘‘(II) which is under the manage-
ment of 1 or more managing under-
writers,
such participating persons as of February
2, 1994, shall be treated as 1 person.
‘‘(ii) COMMONLY GOVERNED UNDER-
WRITING
OPERATIONS.—If more than 1
operation referred to in clause (i) is gov-
erned by a common board of directors,
council, or similar body, all such operations
shall be treated as 1 operation for pur-
poses of clause (i).
‘‘(iii) 
CERTAIN
CLOSING
AGREE-
MENTS.—If any person participating in a
319
joint underwriting operation is subject to a
closing agreement as of February 2, 1994,
with respect to such operation, such person
and all other persons subject to such
agreement shall be treated as 1 person.
‘‘(C) 
ALLOCATION
OF
EXEMPTION
AMOUNT.—The exemption amount determined
under paragraph (1) shall be allocated among
persons treated as 1 person—
‘‘(i) under subparagraph (A) or (B)(i)
in proportion to each such person’s respec-
tive share of the aggregate of the amounts
described in subsection (a)(1) of all such
persons, and
‘‘(ii) in any other case, using any
other method prescribed by the Secretary.
‘‘SEC. 4693. COMMERCIAL NET PREMIUMS.
‘‘(a) GENERAL RULE.—For purposes of this part, the
commercial net premiums of any person for any base-pe-
riod year is the sum of—
‘‘(1) the net premiums written for such base-pe-
riod year from qualified commercial policies (other
than reinsurance policies),
320
‘‘(2) the net premiums written for such year
from allocated reinsurance of qualified commercial
policies, and
‘‘(3) 21 percent of the net premiums written for
such year from unallocated reinsurance.
Commercial net premiums shall be determined by taking
into account only premiums attributable to insurance or
reinsurance against, or with respect to, hazards, risks,
losses, or liabilities within the United States.
‘‘(b) QUALIFIED COMMERCIAL POLICIES.—For pur-
poses of this subchapter—
‘‘(1) IN GENERAL.—The term ‘qualified com-
mercial policy’ means any insurance policy against,
or with respect to, hazards, risks, losses, or liabilities
within the United States if premiums or liabilities
under such policy—
‘‘(A) are of a type required to be reported
in the line of the underwriting and investment
exhibit of the annual statement relating to the
commercial multiple peril line of business, or
‘‘(B) are of a type required to be reported
in the line of the underwriting and investment
exhibit of the annual statement relating to the
other liability line of business.
321
‘‘(2) EXCLUSION OF CERTAIN TYPES OF POLI-
CIES.—Subparagraph (B) of paragraph (1) shall not
apply to—
‘‘(A) any policy providing only noncommer-
cial coverage, or
‘‘(B) any other policy which provides nei-
ther comprehensive general liability coverage
nor environmental liability coverage.
‘‘(c) ALLOCATED REINSURANCE.—For purposes of
this part, the term ‘allocated reinsurance’ means any rein-
surance the net premiums written for which were reported
on the underwriting and investment exhibit of the annual
statement by the line of business related to the underlying
policies covered by such reinsurance (or, in the case of
a person not filing an annual statement, would have been
required to be so reported) and were not reported as part
of the reinsurance line of business.
‘‘(d) UNALLOCATED REINSURANCE.—For purposes
of this part, the term ‘unallocated reinsurance’ means any
reinsurance the net premiums written for which were re-
ported in the line of the underwriting and investment ex-
hibit of the annual statement relating to the reinsurance
line of business (or, in the case of a person not filing an
annual statement, would have been required to be so re-
ported).
322
‘‘(e) REINSURANCE BY RELATED PARTY TREATED
AS NOT REINSURANCE.—For purposes of this part, if,
with respect to a policy of reinsurance, the reinsurer and
the reinsured are members of the same controlled group,
premiums written on such reinsurance shall be treated as
premiums described in section 4693(a)(1) and not as pre-
miums written on reinsurance. For purposes of the preced-
ing sentence, the term ‘controlled group’ means all persons
treated as a single employer under section 52(a), and, to
the extent provided by the Secretary, all persons who are
commonly managed by the same corporation.
‘‘SEC. 4694. OTHER DEFINITIONS AND SPECIAL RULES.
‘‘(a) GENERAL DEFINITIONS.—For purposes of this
part—
‘‘(1) BASE PERIOD.—
‘‘(A) IN
GENERAL.—The term ‘base pe-
riod’ means the 18-calendar year period begin-
ning with calendar year 1968 and ending with
calendar year 1985.
‘‘(B) 
BASE-PERIOD
YEAR.—The 
term
‘base-period year’ means any calendar year in
the base period.
‘‘(2) NET PREMIUMS WRITTEN.—
‘‘(A) IN GENERAL.—The determination of
the net premiums written of any person for any
323
year shall be made on the basis of the under-
writing and investment exhibit of the annual
statement filed by such person for such year
(or, if such person did not file such a state-
ment, the determination shall be made on a
basis consistent with the annual statement re-
quirements applicable to such year).
‘‘(B) AMOUNTS
MAY
BE
LESS
THAN
ZERO.—The amount taken into account as the
net premiums written with respect to any type
of policy for any year may be less than zero.
‘‘(3) ANNUAL STATEMENT.—The term ‘annual
statement’ means the annual statement approved by
the National Association of Insurance Commis-
sioners which is required to be filed with the insur-
ance regulatory authorities of a State. If any person
was required to file an annual statement with the
authorities of 2 or more different States for any
base-period year, the annual statement used for pur-
poses of this part shall be the annual statement in
which the net premiums written related to reinsur-
ance were reported and identified in the most spe-
cific manner in the underwriting and investment ex-
hibit.
324
‘‘(4) POLICY.—The term ‘policy’ includes any
policy or other instrument by whatever name called
whereby a contract of insurance or reinsurance is
made, continued, or renewed.
‘‘(5) UNITED STATES.—
‘‘(A) 
IN
GENERAL.—The 
term
‘United States’, when used in a geographical
sense, has the meaning given such term by sec-
tion 4612(a)(4).
‘‘(B) UNITED STATES PERSON.—Subpara-
graph (A) shall not apply for purposes of deter-
mining whether any person is a United States
person.
‘‘(b) SPECIAL RULE FOR INSURERS NOT REQUIRED
TO FILE ANNUAL STATEMENT.—If any person—
‘‘(1) was not required to file an annual state-
ment for any year,
‘‘(2) establishes to the satisfaction of the Sec-
retary that, despite the best efforts of such person,
such person has inadequate records to make deter-
minations consistent with the annual statement re-
porting requirements of this part for such year, and
‘‘(3) provides, in a manner acceptable to the
Secretary, a reasonable estimate of such determina-
tions,
325
then such person shall be treated as meeting such require-
ments for such year.
‘‘(c) ADJUSTMENT
FOR
CERTAIN
ACQUISITIONS,
ETC.—Except as otherwise provided by the Secretary—
‘‘(1) ACQUISITIONS.—If, after the beginning of
the base period, a person acquires any portion of a
commercial insurance business of another person
(hereinafter in this subsection referred to as the
‘predecessor’), the inflation-adjusted commercial pre-
miums of the acquiring person shall include the in-
flation-adjusted commercial premiums of such prede-
cessor which are attributable to the portion of such
insurance business so acquired.
‘‘(2) DISPOSITIONS.—If, after the beginning of
the base period—
‘‘(A) a person disposes of any portion of a
commercial insurance business in a transaction
to which paragraph (1) applies, and
‘‘(B) such person furnishes the acquiring
person with such information as is necessary
for the application of paragraph (1),
then the inflation-adjusted commercial premiums of
the person making such disposition shall be reduced
by the portion of such premiums attributable to the
327
be treated for purposes of paragraphs (1) and
(2) as a disposition of a portion of a commer-
cial insurance business by the reinsured and as
an acquisition of such a portion by the rein-
surer.
‘‘(C) TREATMENT
OF
CERTAIN
TERMI-
NATIONS OF REINSURANCE TRANSACTIONS.—If,
after the beginning of the base period and be-
fore February 2, 1994, a reinsurance trans-
action with respect to qualified commercial poli-
cies is terminated in accordance with a com-
mutation agreement whereby the reinsurer is no
longer liable for any potential claim under the
reinsurance agreement, the determination of the
adjusted base-period commercial premiums of
the reinsured and the reinsurer shall be made
as if such reinsurance transaction had not oc-
curred.
‘‘(4) SPECIAL RULES.—
‘‘(A) ADJUSTMENT
OF
ADJUSTED
BASE-
PERIOD PREMIUMS FOR ACQUISITIONS AND DIS-
POSITIONS ON OR AFTER FEBRUARY 2, 1994.—
In the case of an acquisition or disposition on
or after February 2, 1994, paragraphs (1) and
(2) shall be applied by substituting ‘adjusted
328
base-period commercial premiums’ for ‘infla-
tion-adjusted commercial premiums’ each place
it appears.
‘‘(B) TIMING
OF
EFFECT
OF
TRANS-
ACTIONS ON COMPUTATION OF TAXES.—If any
acquisition or disposition referred to in para-
graph (1) or (2) occurs after December 31,
1994, the provisions of this subsection shall
apply only for purposes of determining the
amount of the tax imposed by section 4691 for
calendar years beginning after the date of such
transaction.
‘‘(C) DETERMINATION OF PREMIUMS AT-
TRIBUTABLE TO PORTION OF INSURANCE BUSI-
NESS.—The determination of inflation-adjusted
commercial premiums and adjusted base-period
commercial premiums attributable to the trans-
ferred portion of a commercial insurance busi-
ness shall be made based on the ratio of assets
transferred in connection with the commercial
insurance business to total assets of the trans-
feror immediately before such transfer.
‘‘(D) TRANSFERORS REMAIN SECONDARILY
LIABLE.—Notwithstanding any reduction in the
inflation-adjusted commercial premiums or ad-
329
justed base-period commercial premiums of any
person by reason of the disposition of any por-
tion of such person’s commercial insurance
business, such person shall be secondarily liable
for the tax imposed by section 4691 with re-
spect to the adjusted base-period commercial
premiums attributable to such portion.
‘‘(E) 
COMMERCIAL
INSURANCE
BUSI-
NESS.—For purposes of this subsection, the
term ‘commercial insurance business’ means
any liability or potential liability under any pol-
icy with respect to which commercial net pre-
miums were written and the assets associated
with such a liability.
‘‘(d) TREATMENT OF FOREIGN INSURERS.—
‘‘(1) IN GENERAL.—There is hereby imposed a
tax on any policy described in paragraph (2) on
which any premium is written by a foreign person.
Such tax shall be an amount equal to 0.50 percent
of the maximum limit of liability of such person
under such policy.
‘‘(2) POLICIES
SUBJECT
TO
TAX.—For pur-
poses of paragraph (1), a policy is described in this
paragraph if such policy is—
330
‘‘(A) a policy of casualty insurance against,
or with respect to, hazards, risks, losses, or li-
abilities wholly or partly within the United
States, or
‘‘(B) a policy of reinsurance with respect
to a policy described in subparagraph (A).
‘‘(3) EXCEPTIONS.—
‘‘(A) IN
GENERAL.—Paragraph (1) shall
not apply to any policy if the foreign person
writing the premium on such policy is an as-
sessable person (as defined in section 4691(e))
as of the withholding date.
‘‘(B) PRIOR
TRANSACTIONS.—Paragraph
(1) shall not apply to any policy if, as of the
withholding date, the foreign person writing the
premium on such policy demonstrates that the
tax imposed by paragraph (1) has been paid on
a policy covering the same hazards, risks,
losses, or liabilities within the United States as
those covered by such policy.
‘‘(C) CLOSING AGREEMENT.—
‘‘(i) IN
GENERAL.—Paragraph (1)
shall not apply to any policy if, as of the
withholding date, the foreign person writ-
ing the premium on such policy has in ef-
331
fect an agreement with the Secretary
which—
‘‘(I) provides that such person
shall be treated as an assessable per-
son for purposes of this part, and
‘‘(II) contains such provisions as
the Secretary determines to be nec-
essary to ensure proper computation
and payment of the tax imposed by
section 4691 and the assessment im-
posed by section 4696.
‘‘(ii) PERIOD
OF
AGREEMENT.—Any
closing agreement entered into under
clause (i) shall take effect on the date
specified in such agreement and shall apply
for all subsequent periods unless revoked
by the Secretary or revoked by the foreign
person with the consent of the Secretary.
‘‘(iii) TREATMENT OF RELATED PER-
SONS.—The Secretary shall not enter into
an agreement under clause (i) with any
foreign person unless such foreign person
establishes to the satisfaction of the Sec-
retary that all persons which are, or be-
come, related persons to such foreign per-
332
son and which have commercial net pre-
miums for any base-period year are subject
to such an agreement.
‘‘(iv) CLOSING AGREEMENT NOT RE-
QUIRED
IN
CERTAIN
CASES.—No closing
agreement shall be required to be filed by
any person filing a statement referred to in
subparagraph (E).
‘‘(D) PERIOD
BEFORE
CLOSING
AGREE-
MENT.—Paragraph (1) shall not apply to any
policy if, as of the withholding date, the foreign
person writing the premium on such policy—
‘‘(i) has in effect an election to be
treated as an assessable person for pur-
poses of this part,
‘‘(ii) gives such bond or other security
as the Secretary may require for the collec-
tion of any tax imposed by section 4691
and any assessment imposed by section
4696, and
‘‘(iii) meets such other requirements
as the Secretary may require.
If such person fails to enter into an agreement
referred to in subparagraph (C)(i) in a timely
333
manner after making such election, such elec-
tion shall be treated as never being in effect.
‘‘(E) NO
ADJUSTED
BASE-PERIOD
COM-
MERCIAL PREMIUMS.—Paragraph (1) shall not
apply to any policy if, as of the withholding
date, the foreign person writing the premium on
such policy has filed with the Secretary a state-
ment (which meets such requirements as may
be prescribed by the Secretary) certifying under
penalties of perjury that it has no adjusted
base-period commercial premiums. Any such
statement shall remain in effect only so long as
such person does not have any adjusted base-
period commercial premiums.
‘‘(F) WITHHOLDING
DATE.—The term
‘withholding date’ means the date as of which
an amount would otherwise be required to be
deducted or withheld under paragraph (5) with
respect to any policy.
‘‘(4) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) FOREIGN
PERSON.—The term ‘for-
eign person’ means any person which is not a
United States person.
334
‘‘(B) POLICY OF CASUALTY INSURANCE.—
The term ‘policy of casualty insurance’ means
any policy other than a policy of life, sickness,
or accident insurance, or annuity contract (as
defined in section 4372(e)).
‘‘(C) RELATED PERSON.—The term ‘relat-
ed person’ has the meaning given such term by
section 954(d)(3), except that such section shall
be applied by substituting ‘the person with re-
spect to whom the determination is being made’
for ‘controlled foreign corporation’ each place it
appears.
‘‘(D) MAXIMUM LIMIT OF LIABILITY.—The
term ‘maximum limit of liability’ means the
total amount for which the foreign person
would be liable—
‘‘(i) in the case of a policy described
in paragraph (2)(A), if each person in-
sured under such policy were simulta-
neously entitled to the maximum recovery
allowed under the policy, and
‘‘(ii) in the case of a policy described
in paragraph (2)(B), if each person in-
sured under a policy described in para-
graph (2)(A) which is directly or indirectly
335
reinsured by the policy described in para-
graph (2)(B) were simultaneously entitled
to the maximum recovery allowed under
the policy described in paragraph (2)(A).
Such maximum limit of liability shall not be re-
duced by any liability which is reinsured.
‘‘(5) COLLECTION
OF
TAX.—All persons, in
whatever capacity acting, having control, receipt,
custody, disposal, or payment of any premium or
other amount for any policy on which a tax is im-
posed under paragraph (1) shall deduct and with-
hold from such premium or other amount the
amount of such tax. Every person required to so de-
duct and withhold such tax is hereby made liable for
such tax and is hereby indemnified against the
claims and demands of any person for the amount
so deducted and withheld.
‘‘(e) CERTAIN PERSONS TREATED AS ENGAGED IN
TRADE OR BUSINESS.—For purposes of this part, a per-
son shall be treated as engaged in a trade or business if
any other person, who with such person is treated as a
single employer under subsection (a) or (b) of section 52,
is engaged in a trade or business.
‘‘PART II—TAX ON CURRENT-YEAR PREMIUMS
‘‘Sec. 4695. Tax on current-year premiums.
336
‘‘SEC. 4695. TAX ON CURRENT-YEAR PREMIUMS.
‘‘(a) IMPOSITION OF TAX.—There is hereby imposed
on each policy described in subsection (b) a tax equal to—
‘‘(1) the direct premiums written under such
policy, multiplied by
‘‘(2) the applicable funding rate.
‘‘(b) POLICIES SUBJECT TO TAX.—
‘‘(1) IN GENERAL.—A policy is described in this
subsection if—
‘‘(A) such policy is issued against, or with
respect to, hazards, risks, losses, or liabilities
wholly or partly within the United States (as
defined in section 4612(a)(4)), and
‘‘(B) the premiums or liabilities under such
policy are of a type required to be reported in
the line of the exhibit of premiums and losses
of the annual statement relating to any of the
following lines of business:
‘‘(i) Fire.
‘‘(ii) Commercial multiple peril.
‘‘(iii) Other liability.
‘‘(iv) Products liability.
‘‘(v) Allied lines.
‘‘(vi) Inland marine.
‘‘(vii) Commercial auto no-fault.
‘‘(viii) Other commercial auto liability.
337
‘‘(ix) Commercial auto physical dam-
age.
‘‘(x) Farmowners multiple peril.
‘‘(xi) Ocean marine.
‘‘(xii) Financial guaranty.
‘‘(xiii) Aircraft.
‘‘(xiv) Fidelity.
‘‘(xv) Surety.
‘‘(xvi) Glass.
‘‘(xvii) Burglary and theft.
‘‘(xviii) Boiler and machinery.
‘‘(xix) Any other line designated by
the Secretary.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to any policy which the issuer establishes is of
any of the following types of insurance:
‘‘(A) Directors and officers liability insur-
ance.
‘‘(B) Professional liability insurance.
‘‘(C) Fire insurance on residential or farm
owner-occupied housing units.
‘‘(3) ANNUAL STATEMENT; POLICY.—For pur-
poses of this section, the terms ‘annual statement’
and ‘policy’ have the respective meanings given such
338
terms by section 4694(a). The provisions of section
4694(b) shall apply for purposes of this section.
‘‘(c) APPLICABLE FUNDING RATE.—For purposes of
this section, the applicable funding rate is—
‘‘(1) 0.33 percent for direct premiums written
during 1995, 1996, 1997, or 1998, and
‘‘(2) 0.63 percent thereafter.
‘‘(d) EXEMPTION AMOUNT.—
‘‘(1) IN GENERAL.—No tax shall be imposed by
subsection (a) on any premium under a policy to
which subsection (b) applies which is included in di-
rect premiums written during any calendar year to
the extent that the amount of such premium, when
added to the aggregate amount of all prior direct
premiums written on such policies during such cal-
endar year, does not exceed the exemption amount.
‘‘(2) EXEMPTION
AMOUNT.—For purposes of
paragraph (1)—
‘‘(A) 
IN
GENERAL.—The 
exemption
amount for any person is $5,000,000.
‘‘(B) CONTROLLED
GROUP
RULES.—For
purposes of subparagraph (A)—
‘‘(i) IN GENERAL.—The rules of sub-
paragraphs (A) and (B)(i) of section
339
4692(d)(2) shall apply (determined without
regard to the date therein).
‘‘(ii) REGULATIONS.—The Secretary
may by regulations treat multiple arrange-
ments (including multiple joint underwrit-
ing operations) as 1 arrangement where
the separate operation of such arrange-
ments is without a substantial business
purpose.
‘‘(e) DIRECT PREMIUMS WRITTEN.—For purposes of
this section, the determination of the direct premiums
written of any person for any year shall be made on the
basis of the exhibit of premiums and losses of the annual
statement filed by such person for such year (or, if such
person did not file such a statement, the determination
shall be made on a basis consistent with the annual state-
ment requirements applicable to such year). Notwith-
standing the preceding sentence, direct premiums written
shall include the gross amount of premiums and other con-
sideration (including advance premiums, deposits, fees,
and assessments) arising from policies issued by a person
acting as the direct writer, adjusted for any return or ad-
ditional premiums arising from endorsements, cancella-
tions, premium audits, or retrospective rating. Amounts
returned where the amount is not fixed in the contract
341
section (b), all persons, in whatever capacity
acting, having control, receipt, custody, dis-
posal, or payment of any premium or other
amount for such policy shall deduct and with-
hold from such premium or other amount the
amount of the tax imposed by subsection (a).
Every person required to so deduct and with-
hold such tax is hereby made liable for such tax
and is hereby indemnified against the claims
and demands of any person for the amount so
deducted and withheld.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply with respect to any premium or
other amount the income from which is effec-
tively connected with the conduct of a trade or
business within the United States, unless such
income is exempt from the application of sec-
tions 871(b) and 882(a) pursuant to a treaty
obligation of the United States.
‘‘PART III—ASSESSMENT ON INSURERS RESOLV-
ING CLAIMS WITH ENVIRONMENTAL INSUR-
ANCE RESOLUTION TRUST FUND
‘‘Sec. 4696. Imposition of assessment.
342
‘‘SEC. 4696. IMPOSITION OF ASSESSMENT.
‘‘(a) IN GENERAL.—There is hereby imposed on each
insurer to which this section applies an assessment for
each calendar year in the amount determined under sub-
section (c).
‘‘(b) INSURERS TO WHICH SECTION APPLIES.—This
section shall apply to any insurer for any calendar year
if such insurer issued any policy which, for such calendar
year, is —
‘‘(1) an assessable direct policy, or
‘‘(2) an assessable reinsurance policy.
‘‘(c) AMOUNT OF ASSESSMENT.—
‘‘(1) IN GENERAL.—The assessment imposed by
this section on any insurer for any calendar year
shall be an amount equal to the sum of—
‘‘(A) such insurer’s EIRF-certified per-
centage of the direct insurance limit, and
‘‘(B) such insurer’s EIRF-certified per-
centage of the reinsurance limit.
‘‘(2) LIMITS.—For purposes of paragraph (1)—
‘‘(A) the direct insurance limit for each
calendar year is $81,000,000, and
‘‘(B) the reinsurance limit for each cal-
endar year is $167,000,000.
‘‘(d) TIME FOR PAYMENT OF ASSESSMENT.—The as-
sessment imposed by subsection (a) for any calendar year
343
shall be paid on or before September 30 of such calendar
year.
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) ASSESSABLE DIRECT POLICY.—The term
‘assessable direct policy’ means, for any calendar
year, any policy if—
‘‘(A) the Environmental Insurance Resolu-
tion Fund determined that such policy was a
valid insurance contract of an eligible person,
‘‘(B) such contract (or documentary evi-
dence of such contract) was submitted (whether
or not within the calendar year or the applica-
ble period with respect thereto) under section
804 of the Superfund Reform Act of 1995 to
such Fund by or for such eligible person, and
‘‘(C) such Fund, during the applicable pe-
riod with respect to such calendar year, made
1 or more payments to such eligible person
under title VIII of such Act.
‘‘(2) ASSESSABLE REINSURANCE POLICY.—The
term ‘assessable reinsurance policy’ means, for any
calendar year, any policy if—
‘‘(A) such contract is identified under
paragraph (5)(G)(ii) as reinsuring a policy
344
which is an assessable direct policy for such cal-
endar year,
‘‘(B) the Environmental Insurance Resolu-
tion Fund notifies the issuer of such policy that
it has been so identified,
‘‘(C) such issuer is an assessable person
(as defined in section 4692(e)) or is treated as
such for purposes of part I, and
‘‘(D) such Fund determines (after afford-
ing such insurer an opportunity to contest such
reinsurance) that such contract reinsures an as-
sessable direct policy.
‘‘(3) EIRF-CERTIFIED PERCENTAGE.—
‘‘(A) APPLICATION WITH DIRECT LIMIT.—
The term ‘EIRF-certified percentage’ means,
with respect to the direct limit of any insurer
for any calendar year, the percentage deter-
mined by the Environmental Insurance Resolu-
tion Fund which—
‘‘(i) the aggregate of the coverage lim-
its contained in assessable direct policies
issued by such insurer, bears to
‘‘(ii) the aggregate of the coverage
limits contained in all assessable direct
policies issued by all insurers.
345
‘‘(B) APPLICATION
WITH
REINSURANCE
LIMIT.—The term ‘EIRF-certified percentage’
means, with respect to the reinsurance limit of
any insurer for any calendar year, the percent-
age determined by the Environmental Insurance
Resolution Fund which—
‘‘(i) the aggregate of the coverage lim-
its contained in assessable reinsurance
policies issued by such insurer, bears to
‘‘(ii) the aggregate of the coverage
limits contained in all assessable reinsur-
ance policies issued by all insurers.
‘‘(4) APPLICABLE PERIOD.—The term ‘applica-
ble period’ means, with respect to any calendar year,
the period of the 4 calendar years preceding such
year.
‘‘(5) COVERAGE LIMIT.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this paragraph, the term ‘coverage
limit’ means, with respect to any policy, the ag-
gregate limit on coverage under the policy.
‘‘(B) ANNUAL LIMIT.—If the limit on cov-
erage under any policy is an annual limit, the
term ‘coverage limit’ means, with respect to
such policy, an amount equal to such annual
346
limit multiplied by the number of years such
contract was in effect.
‘‘(C) PER
OCCURRENCE
LIMITS.—If the
limit on coverage under an insurance policy is
expressed on a per occurrence basis without an
aggregate or annual limit, the term ‘coverage
limit’ means, with respect to such policy, an
amount equal to—
‘‘(i) the limit on coverage under the
policy for 1 occurrence, multiplied by
‘‘(ii) the number of eligible facilities of
the eligible person that were taken into ac-
count in determining the applicable per-
centage 
under 
section 
806 
of 
the
Superfund Reform Act of 1995 of such
person, multiplied by
‘‘(iii) the number of years such con-
tract was in effect.
‘‘(D) EXCESS
COVERAGE.—If the policy
provides excess coverage without an aggregate,
annual, or per occurrence limit, the term ‘cov-
erage limit’ means, with respect to such policy,
an amount equal to—
‘‘(i) 10 times the amount that must
be paid by an insurer to the eligible person
347
before such person is entitled to submit a
claim for such excess coverage, multiplied
by
‘‘(ii) the number of years such con-
tract was in effect.
‘‘(E) OTHER CASES.—If the coverage limit
under any policy is not determinable under the
preceding provisions of this paragraph, such
limit shall be determined by the Environmental
Insurance Resolution Fund under a method
prescribed by the Secretary.
‘‘(F) DEDUCTIBLES
DISREGARDED.—The
determination under this paragraph of any cov-
erage limit under any assessable direct policy
shall be made without regard to any deductible
or self-insured retention of an eligible person.
‘‘(G) TREATMENT OF REINSURANCE.—
‘‘(i) IN GENERAL.—The coverage limit
(determined without regard to this clause)
under—
‘‘(I) any assessable direct policy,
and
‘‘(II) any assessable reinsurance
policy,
348
shall be reduced by 80 percent of the por-
tion of such limit which is reinsured, but
only if the reinsurer and the reinsured are
not members of the same controlled group
(as defined in section 4693(e)).
‘‘(ii) REINSURER
MUST
BE
IDENTI-
FIED.—A policy shall be treated as not re-
insured for any period unless the Environ-
mental Insurance Resolution Fund is noti-
fied of such reinsurance (in such form and
manner, and at such time or times, as is
specified by such Fund).
‘‘(6) ELIGIBLE
FACILITY; ELIGIBLE
PERSON;
VALID INSURANCE CONTRACT.—The terms ‘eligible
facility’, ‘eligible person’, and ‘valid insurance con-
tract’ have the respective meanings given to such
terms by section 802 of the Superfund Reform Act
of 1995.
‘‘(7) POLICY.—The term ‘policy’ has the mean-
ing given such term by section 4694(a)(4).
‘‘(f) NO REVIEW
OF EIRF-CERTIFIED PERCENT-
AGES.—
‘‘(1) 
IN
GENERAL.—No 
court 
of 
the
United States shall have jurisdiction to hear any ac-
tion, whether legal or equitable, brought to review
349
any final determination of any percentage under
subsection (e)(3). No such final determination shall
be subject to review by the Secretary in an adminis-
trative proceeding.
‘‘(2) FINAL DETERMINATION.—For purposes of
paragraph (1), the percentages determined under
subsection (e)(3) by the Environmental Insurance
Resolution Fund as of August 1st of any calendar
year shall be treated as final determinations of such
percentages for such year.
‘‘(g) SECTION 4694(d) TAX TO APPLY TO CERTAIN
ASSESSABLE
INSURERS
WITHOUT
CLOSING
AGREE-
MENT.—If—
‘‘(1) paragraph (1) of section 4694(d) does not
apply to any foreign person solely by reason of para-
graph (3)(E) thereof, and
‘‘(2) any policy issued by such person is an as-
sessable direct policy or an assessable reinsurance
policy under this section,
subparagraphs (C)(iv) and (E) of section 4694(d)(3) shall
cease to apply to such person with respect to such policy.
‘‘(h) ADMINISTRATIVE PROVISIONS.—
‘‘(1) IN GENERAL.—All assessments imposed by
this section are excise taxes, and shall be assessed
350
and collected in the same manner as other excise
taxes imposed by this chapter.
‘‘(2) CERTAIN
PROVISIONS
MADE
APPLICA-
BLE.—All provisions of law, including penalties and
provisions providing for interest, shall apply to the
assessments imposed by this section in the same
manner as other excise taxes imposed by this chap-
ter.
‘‘(i) APPLICATION OF SECTION.—This section shall
apply to calendar years after 1998.
‘‘PART IV—TERMINATION; ADMINISTRATIVE
PROVISIONS
‘‘Sec. 4697. Termination.
‘‘Sec. 4698. Return requirements; regulations.
‘‘SEC. 4697. TERMINATION.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), this subchapter shall not apply to any calendar year
after 2004.
‘‘(b) PART I TAX ON CERTAIN FOREIGN INSUR-
ERS.—The tax imposed by section 4694(d) shall not apply
to premiums and other amounts paid after the close of
the 10-year period beginning on the date such tax takes
effect.
‘‘SEC. 4698. RETURN REQUIREMENTS; REGULATIONS.
‘‘(a) RETURN REQUIREMENTS.—
351
‘‘(1) IN GENERAL.—Each person liable for any
tax or assessment under this subchapter shall make
such returns, and furnish such other statements and
information to the Secretary, as the Secretary deter-
mines to be necessary to carry out the purposes of
this subchapter.
‘‘(2) INITIAL RETURN.—The initial return made
with respect to the tax imposed by section 4691
shall include such information as the Secretary shall
by forms require for purposes of computing the ad-
justed base-period commercial premiums of the per-
son making such return.
‘‘(b) REGULATIONS.—The Secretary shall prescribe
such regulations as may be appropriate to carry out the
purposes of this subchapter, including such regulations as
may be appropriate to prevent the avoidance of any tax
or assessment imposed by this subchapter.’’
(b) CLERICAL AMENDMENT.—The table of sub-
chapters for chapter 38 of such Code is amended by add-
ing at the end the following new item:
‘‘Subchapter E. Environmental insurance resolution taxes.’’
(c) STUDY OF FINANCING.—During 2003, the Sec-
retary of the Treasury or his delegate shall prepare and
submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate a study of the financing for the Environ-
352
mental Insurance Resolution Fund, including in such
study any recommendations that the Secretary may have
with respect to such financing.
SEC. 
902. 
ENVIRONMENTAL 
INSURANCE 
RESOLUTION
TRUST FUND.
(a) IN GENERAL.—Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to trust fund
code) is amended by adding at the end the following new
section:
‘‘SEC. 9513. ENVIRONMENTAL INSURANCE RESOLUTION
TRUST FUND.
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund
to be known as the ‘Environmental Insurance Resolution
Trust Fund’, consisting of such amounts as may be appro-
priated or credited to such Trust Fund as provided in this
section or section 9602(b).
‘‘(b) TRANSFERS TO TRUST FUND.—There are here-
by appropriated to the Environmental Insurance Resolu-
tion Trust Fund amounts equivalent to—
‘‘(1) the taxes received in the Treasury under
subchapter E of chapter 38 (relating to environ-
mental insurance resolution taxes), and
353
‘‘(2) amounts recovered by, and fees paid to,
the Environmental Insurance Resolution Fund under
title VIII of the Superfund Reform Act of 1995.
‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts
in the Environmental Insurance Resolution Trust Fund
shall be available for purposes of making expenditures to
carry out title VIII of the Superfund Reform Act of 1995
(as in effect on the date of the enactment of such Act)
and only for such purposes.
‘‘(d) LIABILITY OF UNITED STATES LIMITED TO
AMOUNT IN TRUST FUND.—
‘‘(1) IN GENERAL.—Any expenditure or obliga-
tion incurred by the Environmental Insurance Reso-
lution Fund may be paid only out of the Environ-
mental Insurance Resolution Trust Fund.
‘‘(2) COORDINATION
WITH
OTHER
PROVI-
SIONS.—Nothing in the Superfund Reform Act of
1995 or in any other provision of law shall authorize
the payment by the United States Government of
any amount with respect to any such expenditure or
obligation out of any source other than the Environ-
mental Insurance Resolution Trust Fund, and the
United States Government shall not be liable for any
such expenditure or obligation to the extent not paid
from such Trust Fund.
354
‘‘(3) FINAL
YEAR.—If, as of December 31,
2004, the Secretary estimates that the Environ-
mental Insurance Resolution Trust Fund has insuf-
ficient funds to pay all of the amounts payable out
of the such Trust Fund, amounts payable out of
such Trust Fund after such date shall be propor-
tionately reduced to reflect such insufficiency.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for such subchapter A is amended by adding at the end
thereof the following new item:
‘‘Sec. 9513. Environmental Insurance Resolution Trust Fund.’’
SEC. 903. EXEMPTION FROM INCOME TAX FOR ENVIRON-
MENTAL INSURANCE RESOLUTION FUND.
Subsection (l) of section 501 of the Internal Revenue
Code of 1986 (relating to exemption from tax on corpora-
tions, certain trusts, etc.) is amended by adding at the
end the following new paragraph:
‘‘(4) The Environmental Insurance Resolution
Fund established by section 803 of the Superfund
Reform Act of 1995.’’.
SEC. 904. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided in
this section, the amendments made by this subtitle shall
take effect on January 1, 1995.
(b) CURRENT YEAR PREMIUMS.—The amendments
made by this subtitle to the extent related to section 4695
355
of the Internal Revenue Code of 1986, as added by such
amendments, shall apply to premiums written after De-
cember 31, 1994.
(c) CONTINGENCY PERIOD.—
(1) IN GENERAL.—The amendments made by
this subtitle (other than section 903) shall not take
effect unless, as of August 15, 1995—
(A) title VIII of this Act is in effect, and
(B) the contingency period has expired.
(2) DELAY IN DUE DATE FOR TAXES.—If the
due date for any tax imposed by subchapter E of
chapter 38 of the Internal Revenue Code of 1986
would, but for this paragraph, be on or before the
close of the contingency period, such due date shall
be the 14th day of the first month beginning after
the close of such period.
(d) PART I TAX ON CERTAIN FOREIGN INSURERS.—
The tax imposed by section 4694(d) of the Internal Reve-
nue Code of 1986, as added by this title, shall apply to
a policy for which any premium is written after the close
of the contingency period.
(e) CONTINGENCY PERIOD.—For purposes of this
section, the term ‘‘contingency period’’ means the period
specified in section 816 of the Superfund Reform Act of
356
1995 during which title VIII of such Act is in effect on
a contingent basis.
Subtitle B—5-Year Extension of
Hazardous Substance Superfund
SEC. 911. 5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE
SUPERFUND.
(a) EXTENSION OF TAXES.—
(1) The following provisions of the Internal
Revenue Code of 1986 are each amended by striking
‘‘January 1, 1996’’ each place it appears and insert-
ing ‘‘January 1, 2001’’:
(A) Section 59A(e)(1) (relating to applica-
tion of environmental tax).
(B) Paragraphs (1) and (3) of section
4611(e) (relating to application of Hazardous
Substance Superfund financing rate).
(2) Paragraph (2) of section 4611(e) of such
Code is amended—
(A) by striking ‘‘1993’’ and inserting
‘‘1998’’,
(B) by striking ‘‘1994’’ each place it ap-
pears and inserting ‘‘1999’’, and
(C) by striking ‘‘1995’’ each place it ap-
pears and inserting ‘‘2000’’.
357
(b) INCREASE IN AGGREGATE TAX WHICH MAY BE
COLLECTED.—Paragraph (3) of section 4611(e) of such
Code is amended by striking ‘‘$11,970,000,000’’ each
place it appears and inserting ‘‘$22,000,000,000’’ and by
striking ‘‘December 31, 1995’’ and inserting ‘‘December
31, 2000’’.
(c) EXTENSION
OF REPAYMENT DEADLINE
FOR
SUPERFUND BORROWING.—Subparagraph (B) of section
9507(d)(3) of such Code is amended by striking ‘‘Decem-
ber 31, 1995’’ and inserting ‘‘December 31, 2000’’.
(d) EXTENSION OF TRUST FUND PURPOSES.—Sub-
paragraph (A) of section 9507(c)(1) of such Code is
amended—
(1) by striking clause (i) and inserting the
following:
‘‘(i) paragraphs (1), (2), (5), (6), (7),
(8), and (9) of section 111(a) of CERCLA
as in effect on the date of the enactment
of the Superfund Reform Act of 1995,’’,
and
(2) by striking clause (iii) and inserting the
following:
‘‘(iii) subsections (m), (n), (q), and (r)
of section 111 of CERCLA (as so in ef-
fect), or’’.
358
(e) EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS TO TRUST FUND.—Subsection (b) of section 517
of the Superfund Revenue Act of 1986 (26 U.S.C. 9507
note) is amended by striking ‘‘and’’ at the end of para-
graph (8), by striking the period at the end of paragraph
(9) and inserting a comma, and by adding at the end the
following new paragraphs:
‘‘(10) 1996, $250,000,000,
‘‘(11) 1997, $250,000,000,
‘‘(12) 1998, $250,000,000, and
‘‘(13) 1999, $250,000,000,’’.
(f) COORDINATION WITH OTHER PROVISIONS.—
Paragraph (2) of section 9507(e) of the Internal Revenue
Code of 1986 is amended by striking ‘‘CERCLA’’ and all
that follows through ‘‘Acts)’’ and inserting ‘‘CERCLA, the
Superfund Amendments and Reauthorization Act of 1986,
and the Superfund Reform Act of 1995 (or in any amend-
ment made by any of such Acts)’’.
Subtitle C—Report by
Environmental Protection Agency
SEC. 921. REPORT.
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency shall prepare and submit to
the Congress an annual report on its assessment of the
effectiveness of the Superfund Reform Act of 1995 liabil-
359
ity and enforcement reforms, including the reduction of
litigation, delay and costs, and other performance meas-
ures including the following:
(1) HAZARDOUS
SUBSTANCE
SUPERFUND
FI-
NANCIAL INTEGRITY.—
(A) A breakdown of Hazardous Substance
Superfund obligations by type of activities.
(B) An accounting of such obligations
(such as remedial actions, studies, and enforce-
ment), by site.
(C) A list of companies and associated
amounts in the accounts receivable inventory,
including the date the receivable was estab-
lished, by site.
(D) The amount of cost recoveries paid
into such fund.
(E) Projected future clean-up costs (all
sites) for Federal Government and private par-
ties.
(F) Projected trust fund obligations and
receipts.
(2) CLEAN-UP
EFFICIENCY
AND
EFFECTIVE-
NESS (BOTH PRIVATE AND PUBLIC-LEAD SITES).—
(A) The number of sites cleaned-up, bro-
ken down by the type and level of clean-up.
360
(B) The time taken to clean-up each site,
broken down by phase.
(C) The cost of each clean-up.
(D) The percentage of Agency for Toxic
Substances and Disease Registry health assess-
ments completed timely.
(E) The number of people protected from
hazardous substance threats.
(F) Expected number of human deaths
prevented by work performed at National Prior-
ity List sites.
(G) The number and cost of all studies
conducted at each site, and the extent of any
restudies.
(H) The amount of attorney, contractor,
and engineering fees expended, broken down by
site.
(I) Effect of the Superfund Reform Act of
1995 on Hazardous Substance Superfund rem-
edy selection, litigation, and other transaction
costs, and on clean-up costs.
(3) LIABILITY ALLOCATION PROCESS.—
(A) The number of parties who are eligible
for an expedited settlement and the number to
361
whom the Environmental Protection Agency
makes a timely offer.
(B) The number of settlements with mu-
nicipal solid waste generators and transporters,
limited-ability-to-pay parties, and the size of the
orphan share generated.
(C) The percent of potentially responsible
parties who accept the Environmental Protec-
tion Agency’s allocation of liability.
(D) The percent of allocations completed
within the statutory deadline.
(E) The percent of nonsettling allocation
parties subject to an Environmental Protection
Agency cost recovery action.
(F) The total number of potentially re-
sponsible parties identified by the Environ-
mental Protection Agency at each site, broken
down by those who settle as de minimis, munic-
ipal solid waste generators and transporters,
and limited-ability-to-pay parties, and by those
who settle as a result of the allocation process
and those who do not settle.
(G) Percentage of clean-up costs allocated
to identified-but-not-viable potentially respon-
sible parties, unidentified potentially responsible
362
parties, and the Federal Government, and the
percentage of the orphan shares attributable to
each.
(4) ENVIRONMENTAL INSURANCE RESOLUTION
TRUST FUND.—
(A) Total and annual actual receipts.
(B) Total and annual obligations.
(C) Projected receipts and outlays for each
fiscal year for the remaining life of such Trust
Fund.
(D) The number and percentage of poten-
tially responsible parties who have accepted of-
fers made by such Trust Fund, weighted by size
of offer.
(E) Outlays by such Trust Fund to insur-
ance companies for settlements with parties not
accepting offers from such Trust Fund, and the
size of the offers not accepted.
(b) PERIOD REPORTS REQUIRED.—The annual re-
ports required by subsection (a) shall be for each of the
fiscal years 1995, 1996, 1997, 1998, and 1999 and shall
be due on the 31st of December following the close of each
such fiscal year.
Æ
HR 228 IH——2