161
‘‘(G) The relationship of the purchase
price 
to 
the 
value 
of 
the 
property 
if
uncontaminated.
‘‘(H) Commonly known or reasonably as-
certainable information about the property.
‘‘(I) 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.
A record shall be considered to be ‘reasonably ascer-
tainable’ for purposes of this paragraph if a copy or
reasonable facsimile of the record is publicly avail-
able by request (within reasonable time and cost
constraints) and the record is practically reviewable.
‘‘(3) APPROPRIATE
INQUIRY.—A person shall
not be treated as having made all appropriate in-
quiry under paragraph (1) unless—
‘‘(A) the person has maintained a compila-
tion of the information reviewed and gathered
in the course of the environmental site assess-
ment;
‘‘(B) 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 re-
162
leases of hazardous substances, and prevent or
limit human or natural resource exposure to
hazardous substances previously released into
the environment; and
‘‘(C) the person provides full cooperation,
assistance, and facility access to persons au-
thorized to conduct response actions or natural
resource restoration at the facility, including
the cooperation and access necessary for the in-
stallation, integrity, operation, and maintenance
of any complete or partial response action or
natural resource restoration at the facility.’’.
(b) CROSS REFERENCE.—Section 101(35)(B) (42
U.S.C. 9601(35)(B)) is amended by inserting after ‘‘all
appropriate inquiry’’ the following: ‘‘(as specified in sec-
tion 107(o))’’.
SEC. 622. LIMITATIONS ON LIABILITY FOR RESPONSE
COSTS FOR PROSPECTIVE PURCHASERS.
(a) LIMITATIONS ON LIABILITY.—Section 107 of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607) is further
amended by adding at the end the following new sub-
section:
‘‘(p) LIMITATIONS ON LIABILITY FOR PROSPECTIVE
PURCHASERS.—Notwithstanding paragraphs (1) through
163
(4) of subsection (a), to the extent the liability of a person,
with respect to a release or the threat of a release from
a facility, is based solely on subsection (a)(1), the person
shall not be liable under this Act if the person—
‘‘(1) is a bona fide prospective purchaser of the
facility; and
‘‘(2) does not impede the performance of any
response action or natural resource restoration at a
facility.’’.
(b) PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—Section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (as
amended by subsection (a)) is amended by adding after
subsection (p) the following new subsection:
‘‘(q) PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—
‘‘(1) IN GENERAL.—In any case in which there
are unrecovered response costs at a facility for which
an owner of the facility is not liable by reason of
subsection (p), and the conditions described in para-
graph (3) are met, the United States shall have a
lien on the facility, or may obtain, from the appro-
priate responsible party or parties, a lien on other
property or other assurances of payment satisfactory
to the Administrator, for the unrecovered costs.
164
‘‘(2) AMOUNT; DURATION.—The lien—
‘‘(A) shall be for an amount not to exceed
the increase in fair market value of the prop-
erty attributable to the response action at the
time of a subsequent sale or other disposition of
the property;
‘‘(B) shall arise at the time costs are first
incurred by the United States with respect to a
response action at the facility;
‘‘(C) shall be subject to the requirements
for notice and validity specified in subsection
(l)(3); and
‘‘(D) shall continue until the earlier of sat-
isfaction of the lien or recovery of all response
costs incurred at the facility.
‘‘(3) CONDITIONS.—The conditions referred to
in paragraph (1) are the following:
‘‘(A) RESPONSE ACTION.—A response ac-
tion for which there are unrecovered costs is
carried out at the facility.
‘‘(B) FAIR MARKET VALUE.—The response
action increases the fair market value of the fa-
cility above the fair market value of the facility
that existed on the date that is 180 days before
the response action was commenced.’’.
165
(c) DEFINITION OF BONA FIDE PROSPECTIVE PUR-
CHASER.—Section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601), as amended by this Act, is further
amended by adding at the end the following:
‘‘(40) 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 Children’s Protection and
Community Cleanup Act of 1998, or a tenant of
such a person, who can establish each of the follow-
ing by a preponderance of the evidence:
‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—
All active disposal of hazardous substances at
the facility occurred before the person acquired
the facility.
‘‘(B) INQUIRY.—
‘‘(i) IN GENERAL.—The person made
all appropriate inquiry into the previous
ownership and uses of the facility in ac-
cordance with generally accepted good
commercial and customary standards and
practices.
‘‘(ii) STANDARDS.—The ASTM stand-
ards described in section 107(o)(2) or the
166
alternative standards issued or designated
by the President pursuant to that section
shall satisfy the requirements of this sub-
paragraph.
‘‘(iii) RESIDENTIAL
PROPERTY.—In
the case of property in residential or other
similar use at the time of purchase by a
nongovernmental or noncommercial entity,
a site inspection and title search that re-
veal no basis for further investigation shall
satisfy the requirements of this subpara-
graph.
‘‘(C) NOTICES.—The person provided all
legally required notices with respect to the dis-
covery or release of any hazardous substances
at the facility.
‘‘(D) CARE.—The person exercised appro-
priate care with respect to hazardous sub-
stances found at the facility by taking reason-
able steps to—
‘‘(i) stop ongoing releases;
‘‘(ii) prevent threatened future re-
leases of hazardous substances; and
‘‘(iii) prevent or limit human or natu-
ral resource exposure to hazardous sub-
167
stances previously released into the envi-
ronment.
‘‘(E) COOPERATION, ASSISTANCE, AND AC-
CESS.—The person provides full cooperation,
assistance, and facility access to such persons
as are authorized to conduct response actions at
the facility, including the cooperation and ac-
cess necessary for the installation, integrity, op-
eration, and maintenance of any complete or
partial response action at the facility.
‘‘(F) RELATIONSHIP.—The person is not
liable, or is not affiliated with any other person
that is potentially liable, for response costs at
the facility, through any direct or indirect fa-
milial relationship, or any contractual, cor-
porate, or financial relationship other than that
created by the instruments by which title to the
facility is conveyed or financed.’’.
SEC. 623. CONTIGUOUS OR NEARBY PROPERTIES.
Section 107 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is further amended by adding at the end
the following new subsection:
‘‘(r) CONTIGUOUS PROPERTIES.—(1) A person who
owns or operates real property that is contiguous to or
168
otherwise similarly situated with respect to real property
on which there has been a release or threatened release
of a hazardous substance and that is or may be contami-
nated by such release shall not be considered to be an
owner or operator of a facility under subsection (a)(1)
solely by reason of such contamination, if such person es-
tablishes by a preponderance of the evidence that—
‘‘(A) such person exercised due care with re-
spect to the hazardous substance, in light of all rel-
evant facts and circumstances;
‘‘(B) such person took precautions against any
foreseeable act or omission that resulted in the re-
lease or threatened release and the consequences
that could foreseeably result from such act or omis-
sion; and
‘‘(C) such person did not cause or contribute to
the release or threatened release.
‘‘(2) The President may issue an assurance of no en-
forcement action under this Act to any such person and
may grant any such person protection against cost recov-
ery and contribution actions pursuant to section
113(f)(2).’’.
169
Subtitle C—Department of Housing
and 
Urban 
Development
Brownfield Grants
SEC. 631. ECONOMIC DEVELOPMENT GRANTS IN CONNEC-
TION 
WITH 
COMMUNITY 
DEVELOPMENT
LOAN GUARANTEES.
Section 108(q) of the Housing and Community De-
velopment Act of 1974 (42 U.S.C. 5308(q)) is amended
by adding at the end the following new paragraph:
‘‘(5) BROWNFIELDS REDEVELOPMENT.—
‘‘(A) IN GENERAL.—The Secretary shall,
to the extent amounts are made available pur-
suant to subparagraph (F) and applications are
approved under this paragraph, make grants
under this paragraph to eligible public entities
for projects for the cleanup and economic rede-
velopment of brownfield sites. The provisions of
paragraphs (1) through (4) of this subsection
shall apply to grants under this paragraph and
the requirements under this paragraph shall be
in addition to the requirements under para-
graphs (1) through (4).
‘‘(B) 
ELIGIBLE
RECIPIENTS.—Grants
under this paragraph may be made only to eli-
gible public entities requesting guarantees
170
under subsection (a) for notes or other obliga-
tions to finance a project involving eligible ac-
tivities under subparagraph (C).
‘‘(C) ELIGIBLE
ACTIVITIES.—Assistance
under this paragraph may be used only for the
purposes of and in conjunction with projects
and activities for the economic redevelopment of
brownfield sites.
‘‘(D) SELECTION CRITERIA.—
‘‘(i) ADDITIONAL
CRITERION.—The
criteria for awarding assistance under this
paragraph shall include the extent to which
the applicant has developed an approach or
process for the cleanup and redevelopment
of brownfield sites and is coordinating such
program with appropriate environmental
regulatory agencies.
‘‘(ii) PRIORITY.—In awarding such
assistance, the Secretary shall give priority
to eligible entities meeting the selection cri-
teria (established pursuant to paragraph
(4) and clause (i)) and proposing a plan
involving 
projects 
and 
activities 
for
brownfield sites located within any em-
powerment zone or enterprise community
171
(as such terms are defined in section
1393(b) of the Internal Revenue Code of
1986).
‘‘(E) COORDINATION WITH EPA.—The Sec-
retary shall consult and coordinate with the Ad-
ministrator of the Environmental Protection
Agency in providing assistance under this para-
graph and establishing selection criteria under
subparagraph (D) to ensure that activities as-
sisted with amounts provided under this para-
graph are consistent and coordinated with ef-
forts of such Agency and other agencies and or-
ganizations 
to 
clean 
up 
and 
redevelop
brownfield sites.
‘‘(F) DEFINITION.—For purposes of this
paragraph, the term ‘brownfield site’ has the
meaning provided by section 501 of this Act.
‘‘(G) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—For grants under this paragraph, there
is authorized to be appropriated to the Sec-
retary $50,000,000 for each of fiscal years
1999 through 2003.’’.
172
TITLE VII—NATURAL RESOURCE
DAMAGES
SEC. 701. LIABILITY FOR NATURAL RESOURCES DAMAGES.
Subparagraph (C) of section 107(a) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(a)) is amended by
inserting ‘‘and the reasonable costs of recovering such
damages’’ before the semicolon.
SEC. 702. LIMITATIONS ON LIABILITY.
Section 107(c)(2) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9607(c)(2)) is amended by inserting ‘‘,
including damages for injury to, destruction of, or loss of
natural resources’’ after ‘‘damages’’.
SEC. 703. DAMAGE ASSESSMENT.
(a) IN GENERAL.—Section 107(f)(2)(C) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)(2)(C)) is amend-
ed to read as follows:
‘‘(C) DAMAGE
ASSESSMENT.—A natural re-
source damage assessment conducted for the pur-
poses of this Act and made by a Federal, State, or
tribal trustee shall be performed, to the extent prac-
ticable, in accordance with—
173
‘‘(i) the regulation issued under sec-
tion 301(c); and
‘‘(ii) generally accepted scientific and
technical standards and appropriate meth-
odologies to ensure the validity and reli-
ability of assessment results.’’.
(b) REGULATIONS.—Section 301(c) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9651) is amended to read
as follows:
‘‘(c) REGULATIONS FOR DAMAGE ASSESSMENTS.—
‘‘(1) IN
GENERAL.—The President, acting
through Federal officials designated by the National
Contingency Plan under section 107(f)(2), shall
issue a regulation for the assessment of damages
and costs for injury to, destruction of, or loss of nat-
ural resources resulting from a release of a hazard-
ous substance for the purposes of this Act.
‘‘(2) CONTENTS.—The regulation under para-
graph (1) shall—
‘‘(A) specify protocols for conducting as-
sessments in individual cases to determine the
injury, destruction, or loss of natural resources;
174
‘‘(B) identify the best available procedures
to determine damages for the cost of restora-
tion and assessment;
‘‘(C) take into consideration the ability of
a natural resource to recover naturally and the
availability of replacement or alternative re-
sources; and
‘‘(D) identify criteria for the distribution
of funds for assessments.
‘‘(3) BIENNIAL REVIEW.—The regulation under
paragraph (1) shall be reviewed and revised as ap-
propriate every 2 years.’’.
SEC. 704. STANDARD OF REVIEW.
(a) Section 107(f) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9607(f)) is amended by adding at the
end the following:
‘‘(3) TRUSTEE RESTORATION PLANS.—
‘‘(A) ADMINISTRATIVE RECORD.—A trust-
ee for a natural resource designated under this
subsection may establish an administrative
record on which the trustee will base the selec-
tion of a plan for restoration of the resource.
The plan shall include a determination of the
nature and extent of the injury to, destruction
175
of, or loss of the resource. The administrative
record shall be made available to the public at
or near the facility at issue.
‘‘(B) PUBLIC PARTICIPATION.—The Presi-
dent shall issue regulations to establish proce-
dures for the participation of interested persons
in the development of an administrative record
described in subparagraph (A). The procedures
shall include, at a minimum, each of the re-
quirements set forth in section 113(k)(2)(B).
‘‘(C) PARTICIPATION
BY
TRUSTEES.—All
trustees designated for a natural resource under
this subsection may participate in the selection
of a restoration plan under this paragraph. The
restoration plan may include actions to restore
natural resources under the trusteeship of any
participating trustee. The President shall issue
regulations to govern the implementation of this
subparagraph.
‘‘(D) JUDICIAL REVIEW.—Judicial review
of any restoration plan developed under this
paragraph with participation by all affected
trustees (other than trustees who elect not to
participate) shall be limited to the administra-
tive record. Otherwise applicable principles of
176
administrative law shall govern whether any
supplemental materials may be considered by
the court. In considering objections to the res-
toration plan, the court shall uphold the deci-
sion of a participating trustee in selecting the
plan unless the objecting party can demonstrate
on the administrative record that the decision
was arbitrary and capricious or otherwise not
in accordance with law.’’.
SEC. 705. CONTAMINATED SEDIMENTS.
Section 107(f) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(f)) is further amended by adding at the end
the following:
‘‘(4) CONTAMINATED SEDIMENTS.—
‘‘(A) IN GENERAL.—With respect to haz-
ardous substances in sediments of the waters of
the United States, the presence of hazardous
substances at levels above background or ref-
erence levels shall be sufficient to establish in-
jury to natural resources under subparagraph
(C) of subsection (a).
‘‘(B) REPORT
TO
CONGRESS.—Not later
than December 31, 2000, the Administrator
and the appropriate trustees shall jointly trans-
177
mit to Congress a report regarding how re-
sponse, remedial, and restoration actions are re-
storing and protecting natural resources and all
associated values, including natural heritage
values, affected by each of the following facili-
ties or group of facilities:
‘‘(i) Hudson River, New York.
‘‘(ii) Newark and New York Bays,
New York and New Jersey.
‘‘(iii) Housatonic River, Connecticut
and Massachusetts.
‘‘(iv) New Bedford Harbor, Massachu-
setts.
‘‘(v) Clark Fork River, Montana.
‘‘(vi) Lavaca Bay, Texas.
‘‘(vii) Palos Verdes, California.
‘‘(viii) Fox River, Wisconsin.
‘‘(ix) Coeur D’Alene, Idaho.
‘‘(x) Hanford, Washington.
The President may designate other facilities as
additions to the list set forth in this subpara-
graph and, for such additional facilities, the re-
port shall be submitted within 3 years after
designation.’’.
178
SEC. 706. RECRUITMENT AND TRAINING PROGRAM.
Section 107(f) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(f)) is further amended by adding at the end
the following:
‘‘(5) 
RECRUITMENT
AND
TRAINING
PRO-
GRAM.—
‘‘(A) IN
GENERAL.—The trustees des-
ignated under this subsection shall conduct a
program to assist in the recruitment and train-
ing of individuals in an affected community for
employment in restoration activities.
‘‘(B) RECRUITMENT, TRAINING, AND EM-
PLOYMENT.—The trustees shall encourage a
person conducting a restoration action under
this Act to train and employ persons from the
affected community in restoration skills.’’.
SEC. 707. STATUTE OF LIMITATIONS.
(a) PERIOD IN WHICH ACTION MAY BE BROUGHT.—
Section 113(g)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9613(g)(1)) is amended—
(1) by striking ‘‘Except as’’ and all that follows
through subparagraph (B) and inserting the follow-
ing:
179
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and paragraphs (3) and (4),
no action may be commenced for damages (as
defined in section 101(6)) under this Act unless
that action is commenced within 3 years after—
‘‘(i) the date of completion by an au-
thorized trustee of a damage assessment in
accordance with the regulations promul-
gated under section 301(c); or
‘‘(ii) the date of a plan for restoration
of natural resources adopted after ade-
quate public notice, opportunity for com-
ment, and consideration of all public com-
ments.’’; and
(2) by striking ‘‘With respect to’’ and inserting
the following:
‘‘(B) SPECIAL RULES.—With respect to’’;
and
(3) in subparagraph (B), as so designated—
(A) by moving the remainder of the text of
the subparagraph 4 ems to the right; and
(B) by striking ‘‘in lieu of the dates re-
ferred to in subparagraph (A) or (B)’’.
(b) CLAIMS FOR RECOVERY OF DAMAGES.—Section
112(d)(2) of such Act (42 U.S.C. 9612(d)(2)) is amended
180
by striking ‘‘within’’ and all that follows through the pe-
riod at the end and inserting ‘‘the period for commencing
an action for natural resource damages under section
113(g)(1).’’.
SEC. 708. ARCHAEOLOGICAL RESOURCES.
Section 101(16) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601(16)) is amended by inserting ‘‘archaeological
resources,’’ before ‘‘and other such resources’’.
SEC. 709. CITIZEN SUITS.
(a) ACTIONS TO RECOVER NATURAL RESOURCES
DAMAGES.—Section 310(a)(1) of the Comprehensive En-
vironmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9659(a)(1)) is amended by inserting be-
fore the semicolon the following: ‘‘or against any such per-
son to recover damages for injury to, destruction of, or
loss of natural resources subject to the limitations on the
use of sums contained in section 107(f)’’.
(b) NOTICE.—Section 310(d)(1) of such Act (42
U.S.C. 9659(d)(1)) is amended by adding at the end the
following:
‘‘(D) In the case of an action to recover
damages for injury to, destruction of, or loss of
natural resources, the trustees for the natural
resources designated under section 107(f).’’.
181
(c) DILIGENT PROSECUTION.—Section 310(d)(2) of
such Act (42 U.S.C. 9659(d)(2)) is amended—
(1) by inserting ‘‘(A)’’ before ‘‘the President’’;
and
(2) by inserting before the period at the end the
following: ‘‘; or (B) in the case of an action to re-
cover damages for injury to, destruction of, or loss
of natural resources, the trustees for the natural re-
sources designated under section 107(f) have com-
menced and are diligently performing a natural re-
source damage assessment or have commenced and
are diligently prosecuting an action under this Act
for recovery of such damages’’.
SEC. 710. TRANSITION RULES.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this title shall apply only
to a claim for damages under section 107(a)(2)(C) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 filed on or after the date of
the enactment of this Act.
(b) EXCEPTIONS.—The amendments made by section
707 of this Act shall apply to all claims for damages,
whenever filed.
182
TITLE VIII—FEDERAL
FACILITIES
SEC. 801. FEDERAL ENTITIES AND FACILITIES.
Section 120 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (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 and damages re-
lated to, or management of, hazardous substances,
pollutants, or contaminants in the same manner,
and to the same extent, as any nongovernmental en-
tity is subject to such requirements, including reim-
bursement of response costs and attorneys’ fees,
payment of natural resource damages, and enforce-
183
ment and liability under sections 106 and 107 of
this title and the payment of reasonable service
charges.
‘‘(B) The Federal, State, interstate, and local
substantive and procedural requirements referred to
in subparagraph (A) include, but are not limited to,
all administrative orders and all civil and 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
184
charges that are assessed in connection with a State,
interstate, or local response program.
‘‘(D) Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or 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 law relating to
response actions 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, legisla-
tive, 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
185
such standard or requirement would be applied to
any other person.
‘‘(G)(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 date
of enactment of the Children’s Protection and Com-
munity Cleanup Act of 1998, or a State Constitu-
tion, requires the funds to be used in a different
manner, all funds collected by a State from the Fed-
eral Government from penalties and fines imposed
for violation of any substantive or procedural re-
quirement referred to in subsection (a) of this sec-
tion shall be used by the State only for projects de-
186
signed to improve or protect the environment or to
defray the costs of environmental protection or en-
forcement.
‘‘(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).
(5) By inserting after subsection (e) the follow-
ing new paragraph:
‘‘(7) NOTIFICATION
OF
AND
CONCURRENCE
FROM THE ADMINISTRATOR OR STATE.—(A) Before
the commencement of any nonemergency removal ac-
tion by a department, agency, or instrumentality of
the United States, such department, agency, or in-
strumentality shall—
‘‘(i) notify the Administrator and the State
of the planned removal action; and
‘‘(ii) in the case of facilities which are list-
ed or proposed for listing on the National Pri-
orities List, obtain concurrence in the planned
187
removal action from the Administrator, and in
the case of facilities which are not listed or pro-
posed for listing on the National Priorities List,
obtain concurrence in the planned removal ac-
tion from the State.
The lack of concurrence under this subparagraph
shall not delay the commencement of the remedial
investigation and feasibility study in accordance with
the time requirements of this section.
‘‘(B) As soon as possible after any emergency
removal action is initiated by a department, agency,
or instrumentality of the United States, but in no
case more than 24 hours after such action is initi-
ated, the department, agency, or instrumentality
shall notify the Administrator and the State of the
removal action.
‘‘(C) The requirements of this paragraph shall
not affect, alter, or supplant, directly or indirectly,
the applicability of any State law to the removal ac-
tion concerned.’’.
(6) In subsection (h)(3)(C)(i)—
(A) by redesignating subclauses (III) and
(IV) as subclauses (IV) and (V), respectively;
and
189
of deferral/response actions, des-
ignation of the party bearing re-
sponsibility to monitor effective-
ness of controls, and descriptions
of the enforcement mechanisms
and remedies for any breach of
such controls;’’.
(7) By adding at the end of subsection
(h)(3)(C) the following new clause:
‘‘(v) If either the provision requiring
concurrence of the Governor for Federal
facilities listed on the National Priorities
List in clause (i), or the provision requir-
ing a finding of suitability for transfer by
the Governor for Federal facilities not list-
ed on the National Priorities List in clause
(i), is found by a court of competent juris-
diction to be unconstitutional, the remain-
ing provisions of this subparagraph shall
be deemed invalid.’’.
(8) In subsection (h)(3)(C)(ii)—
(A) by redesignating subclause (III) as
subclause (IX) and in that subclause by strik-
ing ‘‘and’’ at the end;
190
(B) by redesignating subclause (IV) as
subclause (X) and in that subclause—
(i) by striking ‘‘adequately addresses’’
and inserts ‘‘, if approved, would result in
sufficient funding to comply fully with all’’;
and
(ii) by striking ‘‘action, subject to con-
gressional authorizations and appropria-
tions.’’ and inserting ‘‘action; and’’;
(C) by inserting after subclause (II) the
following:
‘‘(III) provide that all restrictions
on the use of the property shall apply
to, and be binding upon, any trans-
feree or assignee of the contract, shall
run with the land, that both parties
intend that such restrictions shall run
with the land and be enforceable
against future transferees, successors,
and assigns, and that the United
States and the State in which the
property is located are third-party
beneficiaries for the purposes of en-
forcing the land use restrictions until
such time as the restrictions are de-
191
termined by the appropriate regu-
latory agency to no longer be nec-
essary to protect human health and
the environment;
‘‘(IV) provide for access by the
United States and the State in which
the property is located, to perform
oversight or any cleanup activities re-
quired by the transfer agreement or
by this subsection;
‘‘(V) provide a clear statement of
the scope of the parties’ respective du-
ties to indemnify each other, if any;
‘‘(VI) provide a clear delineation
of cleanup responsibilities, and finan-
cial commitments regarding cleanup
obligations, of the transferring agency
and the transferee, including oper-
ations and maintenance;
‘‘(VII) provide a clear delineation
of the parties’ respective cleanup re-
sponsibilities in the event new infor-
mation is discovered subsequent to
transfer, such as previously unknown
contamination or risk information;
192
‘‘(VIII) provide a clear statement
of the responsibilities of the respective
parties to perform additional cleanup
should actual land use change from
the use reasonably anticipated at the
time the remedy is selected, or should
actual exposures be greater than rep-
resented in the risk assessment;’’; and
(D) by adding at the end the following:
‘‘(XI) provide that if the trans-
feree is to perform the cleanup, the
following additional safeguards will be
required:
‘‘(aa) The transferee shall
provide adequate financial assur-
ances to cover the costs of the
proposed response action.
‘‘(bb) The transferee shall
provide proof of technical and
managerial capability to imple-
ment the selected remedy.’’.
(9) By amending clause (iv) of subsection
(h)(3)(C) to read as follows:
‘‘(iv) FEDERAL
RESPONSIBILITY.—A
deferral under this subparagraph shall not
193
diminish the obligations and liability of a
Federal agency under any State or Federal
law, including obligations and liabilities
under section 106, section 107, and this
section.’’.
SEC. 802. ADJOINING STATES.
Section 121(f) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(f)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(4) The President shall provide to any State within
a 50-mile radius of a remedial action at a Federal facility
a reasonable opportunity to review and comment on each
of the following:
‘‘(A) The remedial investigation and feasibility
study and all data and technical documents leading
to its issuance.
‘‘(B) The planned remedial action identified in
the remedial investigation and feasibility study.
‘‘(C) The engineering design following selection
of the final remedial action.
‘‘(D) Other technical data and reports relating
to implementation of the remedy.
194
‘‘(E) Any proposed finding or decision by the
President to exercise the authority of subsection
(d)(4).’’.
SEC. 803. ENFORCEABILITY OF FEDERAL COMPLIANCE
AGREEMENTS.
Section 120(e) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620), as amended by this Act, is further amended
by adding the following at the end:
‘‘(8) STATE REQUIREMENTS.—Notwithstanding
any other provision of this Act, an interagency
agreement under this section shall not impair or di-
minish the authority of a State or any other person
to enforce compliance with requirements of State or
Federal law, unless those requirements have been—
‘‘(A) specifically addressed in the agree-
ment; or
‘‘(B) waived;
(without objection) after notice to the State on or
before the date on which the response action is se-
lected.’’.
TITLE IX—LIABILITY
SEC. 901. LIABILITY EXEMPTIONS.
(a) LIABILITY EXEMPTIONS.—Section 107 of the
Comprehensive Environmental Response, Compensation,
195
and Liability Act of 1980 (42 U.S.C. 9607), as amended
by title VI, is further amended by adding at the end the
following:
‘‘(s) LIABILITY EXEMPTIONS.—
‘‘(1) DE MICROMIS EXEMPTION.—(A) Notwith-
standing paragraphs (1) through (4) of subsection
(a), a person shall not be liable to the United States
or any other person (including liability for contribu-
tion) under this Act for any response costs incurred
with respect to a facility if—
‘‘(i) liability is based solely on paragraph
(3) or (4) of subsection (a);
‘‘(ii) the person can demonstrate that the
total of materials containing a hazardous sub-
stance that the person arranged for disposal or
treatment of, arranged with a transporter for
transport for disposal or treatment, of, or ac-
cepted for transport for disposal or treatment,
at the facility, was less than 55 gallons of liquid
materials or less than 100 pounds of solid ma-
terials; and
‘‘(iii) the acts upon which liability is based
took place wholly before July 1, 1997.
‘‘(B) Subparagraph (A) shall not apply in a
case in which the President, in the President’s sole
196
discretion, determines that the material containing
hazardous substances referred to in subparagraph
(A) contributed significantly or could contribute sig-
nificantly, either individually or in the aggregate, to
the cost of the response action with respect to the
facility.
‘‘(2) SMALL PARTY EXEMPTION.—(A) Notwith-
standing paragraphs (1) through (4) of subsection
(a), a person who does not impede the performance
of a response action or natural resource restoration
at a facility shall not be liable to the extent liability
at such facility is based solely on paragraph (3) or
(4) of this subsection, and the person arranged for
disposal, treatment, or transport for disposal or
treatment, or accepted for transport for disposal or
treatment, of only municipal solid waste or sewage
sludge owned or possessed by such person, and the
person is—
‘‘(i) the owner, operator, or lessee of resi-
dential property from which all of the municipal
solid waste attributable to such person was gen-
erated;
‘‘(ii) a small business; or
‘‘(iii) a small non-profit organization.
197
‘‘(B) This paragraph shall have no effect on the
liability of any other person.’’.
(b) REMOVAL OF PETROLEUM EXEMPTION.—Section
101(14) of such Act (42 U.S.C. 9601(14)) is amended by
striking the sentence starting with ‘‘The term does not
include petroleum’’.
(c) INCREASED LIABILITY FOR WILLFUL AND IN-
TENTIONAL RELEASES.—Section 107(c) of such Act (42
U.S.C. 9607(c)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(4) In the case of a person who is liable for a release
or threat of release of a hazardous substance, if the release
or threat of release was willful and intentional, the person
may be liable to the United States for punitive damages
in an amount at least equal to, and not more than two
times, the amount of any costs incurred by the Fund as
a result of such release or threat of release.’’.
(d) SMALL BUSINESS DEFINED.—Section 101 of
such Act (42 U.S.C. 9601), as amended by this Act, is
further amended by adding at the end the following new
paragraphs:
‘‘(41) SMALL BUSINESS.—(A) The term ‘small
business’ refers to any business entity that—
‘‘(i) including its parents, subsidiaries, and
other affiliates, during the tax year of the entity
198
preceding the date of transmittal of notification
that the entity is a potentially responsible party
under this Act, employs no more than 100 indi-
viduals; and
‘‘(ii) is a ‘small business concern’ as de-
fined under the Small Business Act (15 U.S.C.
631 et seq.).
‘‘(B) For purposes of subparagraph (A), the
term ‘affiliate’ has the meaning of that term pro-
vided in the definition of ‘small business concern’ in
regulations promulgated by the Small Business Ad-
ministration in accordance with the Small Business
Act (15 U.S.C. 631 et seq.).
‘‘(42) SMALL NONPROFIT ORGANIZATION.—The
term ‘small nonprofit organization’ refers to any
chapter, office, or department of a nonprofit organi-
zation employing fewer than 100 individuals at the
location from which all of the municipal solid waste
attributable to such organization with respect to the
facility was generated.’’.
TITLE X—FUNDING
SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.
Section 111(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9611(a)) is amended by striking ‘‘$8,500,000,000
199
for the 5-year period beginning on the date of enactment
of the Superfund Amendments and Reauthorization Act
of 1986, and not more than $5,100,000,000 for the period
commencing October 1, 1991, and ending September 30,
1994’’ and inserting ‘‘$9,600,000,000 for the period com-
mencing October 1, 1998, and ending September 30,
2003’’.
SEC. 1002. 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 $150,000,000 per fiscal year for
each of fiscal years 1999, 2000, 2001, 2002, and 2003,
of which $50,000,000 per fiscal year shall be available for
the purposes of section 104(i)(15)(C). Any funds so made
available which are not obligated by the end of the fiscal
year in which made available shall be turned back to the
Fund.’’.
200
SEC. 1003. 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 1999, $40,000,000.
‘‘(B) For fiscal year 2000, $50,000,000.
‘‘(C) For fiscal year 2001, $55,000,000.
‘‘(D) For fiscal year 2002, $55,000,000.
‘‘(E) For fiscal year 2003, $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 1999, 2000, 2001, 2002, and 2003, not more
than $5,000,000 of the amounts available in the
Fund may be used for the purposes of section
311(d) of this title (relating to university hazardous
substance research centers).’’.
201
SEC. 1004. AUTHORIZATION OF APPROPRIATIONS FROM
GENERAL REVENUES.
(a) AUTHORIZATION.—Section 111(p)(1) is amended
to read as follows:
‘‘(1) IN GENERAL.—The following sums are 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 1999, $250,000,000.
‘‘(B) For fiscal year 2000, $250,000,000.
‘‘(C) For fiscal year 2001, $250,000,000.
‘‘(D) For fiscal year 2002, $250,000,000.
‘‘(E) For fiscal year 2003, $250,000,000.
In addition, there is authorized to be appropriated to
the Hazardous Substance Superfund for each fiscal
year an amount equal to so much of the aggregate
amount authorized to be appropriated under this
subsection as has not been appropriated before the
beginning of the fiscal year involved.’’.
(b) REPEAL OF DUPLICATIVE AUTHORIZATION.—(1)
Subsection (b) of section 517 of the Superfund Amend-
ments and Reauthorization Act (26 U.S.C. 9507 note) is
hereby repealed.
(2) Section 9507(a)(2) of the Internal Revenue Code
of 1986 is amended by striking out ‘‘section 517(b) of the
Superfund Revenue Act of 1986’’ and inserting in lieu
203
(1) Paragraph (1) of section 59A(e) of the In-
ternal Revenue Code of 1986 is amended to read as
follows:
‘‘(1) IN GENERAL.—The tax imposed by this
section shall apply to taxable years beginning after
December 31, 1998, and before January 1, 2004.’’
(2) Paragraph (1) of section 4611(e) of such
Code is amended to read as follows:
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Hazardous Substance Superfund fi-
nancing rate under this section shall apply after De-
cember 31, 1998, and before January 1, 2004.’’
(3) Paragraph (2) of section 4611(e) of such
Code is amended—
(A) by striking ‘‘1993’’ and inserting
‘‘2001’’,
(B) by striking ‘‘1994’’ each place it ap-
pears and inserting ‘‘2002’’, and
(C) by striking ‘‘1995’’ each place it ap-
pears and inserting ‘‘2003’’.
(4)(A) Subsection (e) of section 4611 of such
Code is amended by striking paragraph (3).
(B) Paragraph (2) of section 59(e) of such
Code is amended to read as follows:
204
‘‘(2) EARLIER TERMINATION.—The tax imposed
by this section shall not apply to taxable years be-
ginning during a calendar year during which no tax
is imposed under section 4611(a) by reason of para-
graph (2) of section 4611(e).’’
(b) 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, 2003’’.
(c) TRUST FUND PURPOSES.—Paragraph (1) of sec-
tion 9507(c) of such Code is amended by striking subpara-
graphs (A) and (B) and inserting the following new sub-
paragraphs:
‘‘(A) to carry out the purposes of sub-
sections (b), (c), and (d) of section 111 of
CERCLA; or
‘‘(B) hereafter authorized by a law which
does not authorize the expenditure out of the
Superfund for a general purpose not covered by
subparagraph (A).’’
(d) INCLUSION OF CERTAIN PUNITIVE DAMAGES IN
SUPERFUND.—Section 9507(b)(5) of such Code is amend-
ed by inserting ‘‘and section 107(c)(4)’’ after ‘‘107(c)(3)’’.
(e) COORDINATION WITH OTHER PROVISIONS.—
Paragraph (2) of section 9507(e) of such Code is amended
205
by striking ‘‘CERCLA’’ and all that follows through
‘‘Acts)’’ and inserting ‘‘CERCLA, the Superfund Amend-
ments and Reauthorization Act of 1986, and the Chil-
dren’s Protection and Community Cleanup Act of 1998
(or in any amendment made by any of such Acts)’’.
TITLE XI—MISCELLANEOUS
SEC. 1101. PENALTIES.
(a) DOUBLING OF PENALTIES AND INFLATION AD-
JUSTMENT.—Section 109 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9609) is amended—
(1) in subsections (a), (b), and (c), by striking
‘‘$25,000’’ and inserting ‘‘$50,000 (based on fiscal
year 1998 constant dollars)’’; and
(2) in subsections (b) and (c), by striking
‘‘$75,000’’ and inserting ‘‘$150,000 (based on fiscal
year 1998 constant dollars)’’.
(b) PENALTIES FOR CERTAIN ADDITIONAL VIOLA-
TIONS.—Section 109 is amended—
(1) in subsection (a)(1), by adding at the end
the following new subparagraphs:
‘‘(F) A violation of the requirements of
section 110 (relating to employee protection).
206
‘‘(G) A violation of any restriction, limita-
tion, or control imposed under an institutional
control instrument in use at a facility.’’; and
(2) in subsections (b) and (c), by inserting after
paragraph (5) the following new paragraphs:
‘‘(6) A violation of the requirements of section
110 (relating to employee protection).
‘‘(7) A violation of any restriction, limitation, or
control imposed under an institutional control in-
strument in use at a facility.’’.
SEC. 1102. EMPLOYEE PROTECTION.
Section 110(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9610(b)) is amended—
(1) in the first sentence, by striking ‘‘thirty
days’’ and inserting ‘‘6 months’’;
(2) in the third sentence, by striking ‘‘such in-
vestigation to be made as he deems appropriate.’’
and inserting ‘‘an investigation to be made.’’; and
(3) in the sentence beginning with ‘‘If he finds
that such violation did occur’’—
(A) by inserting ‘‘(1)’’ before ‘‘to take such
affirmative’’; and
(B) by inserting before the period at the
end the following: ‘‘, and (2) to pay such civil
207
penalty under section 109 as the Secretary
deems appropriate’’.
SEC. 1103. RADIOACTIVELY CONTAMINATED SITES.
(a) PROTECTIVENESS OF CLEANUP STANDARDS.—
Section 121(b) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(b)), as amended by this Act, is further
amended by adding at the end the following:
‘‘(4) A remedial action that attains applicable or rel-
evant and appropriate requirements shall be considered to
be protective of human health and the environment unless
the President determines that attainment of the require-
ments is not sufficiently protective, in which case the
President shall establish additional requirements that will
ensure that the remedial action will be protective of human
health and the environment. For purposes of this para-
graph, the President shall consider the decontamination
regulations for site termination issued by the Nuclear Reg-
ulatory Commission on July 21, 1997, to not be suffi-
ciently protective.’’.
(b) REVISION TO DEFINITION OF FEDERALLY PER-
MITTED RELEASE.—Section 101(10)(K) of such Act (42
U.S.C. 9601(10)(K)) is amended by inserting before the
period at the end the following: ‘‘, if such license, permit,
regulation, or order adequately protects ground water’’.
208
(c) 
COVERAGE
OF
NRC 
LICENSEES.—Section
120(a)(2) of such Act (42 U.S.C. 9620(a)(2)) is amend-
ed—
(1) in the heading, by striking out ‘‘FACILI-
TIES.—’’ and inserting ‘‘FACILITIES AND NRC LI-
CENSEES.—’’; and
(2) by adding at the end the following: ‘‘The re-
quirements of this paragraph that apply to Federal
facilities are also applicable to facilities subject to li-
censes or decontamination regulations for license
termination issued by the Nuclear Regulatory Com-
mission under the Atomic Energy Act of 1954.’’.
(d) TAXATION OF URANIUM YELLOWCAKE AND URA-
NIUM DIOXIDE.—
(1) IMPOSITION OF TAX.—Section 4661(b) of
the Internal Revenue Code of 1986 is amended by
adding at the end of the table the following:
‘‘Uranium yellowcake .......................................................
233.33
‘‘Uranium dioxide .............................................................
2222.22’’.
(2) SPECIAL RULE.—Section 4662(b) of such
Code is amended by adding at the end the following
new paragraph:
‘‘(11) URANIUM
DIOXIDE.—Under regulations
prescribed by the Secretary, uranium dioxide shall
be treated as a taxable chemical only if it is used as
a fuel in a nuclear reactor (and, for purposes of sec-