the remedial options, considering the following
factors:
‘‘(i) The effectiveness of the remedial
options in reducing risks (including risks
posed by the spread of contamination to
ground water or surface water).
‘‘(ii) 
Effectiveness 
in 
promoting
source control (including appropriate man-
agement or treatment of hot spots).
‘‘(iii) The long-term reliability of the
remedial option.
‘‘(iv) Risks to the affected community,
to those engaged in the remedial effort,
and to the environment arising from the
potential implementation of a remedial op-
tion and any offsite transportation and
subsequent management of the hazardous
substances.
‘‘(v) The acceptability of the remedial
option to the affected community (includ-
ing Indian Tribes, as appropriate) and the
affected local government.
‘‘(vi) The reasonableness of the dif-
ferences in costs between one remedial op-
tion and the other remedial options.
‘‘(B) In the case of contaminated ground
water for which the current or reasonably an-
ticipated future use is drinking water, final
remedies shall seek to remediate otherwise usa-
ble ground water to beneficial use, to the extent
practical and consistent with subparagraph (A),
within a timeframe that is reasonable given the
circumstances at the site. This subparagraph
does not apply to ground water in source man-
agement areas and allows for the use of natural
attenuation, where appropriate.’’.
‘‘(C) In the case of uncontaminated ground
water for which the current or reasonably an-
ticipated future use is drinking water, final
remedies shall provide for the protection of such
current or future use, to the extent practicable
and consistent with subparagraph (A), consider-
ing the timing of such use. This subparagraph
shall not prohibit the use of reasonable source
management areas for ground water and allows
for the use of natural attenuation, where appro-
priate.’’.
‘‘(D) GROUND WATER MONITORING.—The
President shall provide for the long-term mon-
itoring of ground water where appropriate (in-
cluding any information needed for purpose of
review under section 121(c)).
‘‘(E) COMPLIANCE.—The President shall,
consistent with the protection of human health
and the environment, establish the timing of
compliance, reasonable points of compliance,
and specific method of compliance for any
standards applicable under this section.
‘‘(F) HOT SPOTS.—For purposes of this
paragraph, a ‘hot spot’ is a discrete area (not
including areas in landfills or at mining or re-
lated sites) which contain highly toxic material
which poses a substantial risk to health or the
environment considering current and reasonably
anticipated uses of land, water, and other re-
sources.’’.
(3) Subsection (c) is amended by striking in the
first sentence ‘‘the initiation of’’ and inserting ‘‘con-
struction and installation of equipment and struc-
tures to be used for’’ and by adding the following
after the first sentence: ‘‘The President shall review
the effectiveness of and compliance with any institu-
tional controls related to the remedial action during
the review.’’.
(4) By striking so much of subsection (d) as
precedes paragraph (3) and inserting the following:
‘‘(d) OTHER STANDARDS.—(1) Except as provided in
paragraph (2), for any facility to which they apply, the
standards set forth in this section shall govern the level
or standard of control for remedies, remedy selection, and
on-site management of hazardous substances in lieu of any
other Federal, State, or local standards where such action
is selected and carried out in compliance with this section.
‘‘(2)(A) Point source discharges or emissions of haz-
ardous substances into the waters of the United States
or the ambient air that result from remediation technology
used in the conduct of the remedy shall comply with State
and Federal standards respecting such discharges or emis-
sions.
‘‘(B) Remedies selected under this Act shall attain
a level or standard of control which meets promulgated
State standards for protection that are applicable to reme-
dial actions in the State unless the President makes a
finding under paragraph (4) of this subsection. Any waiv-
ers or adjustments of State standards for protection that
are applicable under State law shall also apply for pur-
poses of selecting remedial actions under this section.
‘‘(C) If the current or reasonably anticipated use (as
determined under subsection (b)(2)) of ground water is
drinking water, final remedies selected under this Act shall
require a level or standard of control which meets maxi-
mum contaminant levels established under the Safe Drink-
ing Water Act at reasonable points of compliance, as ap-
propriate under the circumstances of the release, consider-
ing the nature and timing of such use of the ground water.
At a minimum such remedies shall prevent or eliminate
any actual human ingestion of drinking water containing
any hazardous substance, pollutant, or contaminant at lev-
els in excess of such maximum contaminant level, includ-
ing, as appropriate, the provision of an alternate water
supply.
‘‘(D) Compliance with promulgated State standards
for protection under subparagraph (B) shall not be re-
quired unless such laws and standards are (i) of general
applicability, (ii) consistently applied, and (iii) identified
to the President in a timely fashion.
‘‘(E) Nothing in this section shall be construed to re-
quire that a final remedial action selected under this Act
reduce concentrations of contaminants below background
levels or that any such remedy comply with zero discharge
standards.
‘‘(F) Compliance with subparagraphs (A) and (B)
shall not be required with respect to return, replacement,
or disposal of contaminated media or residuals of contami-
nated media into the same medium in or very near existing
areas of contamination on-site.’’.
(5) In paragraph (3) of subsection (d), by strik-
ing ‘‘, or constituent’’ and inserting ‘‘or hazardous
levels of constituents’’ in subparagraph (A) and by
adding the following before the period at the end of
the first sentence of such paragraph: ‘‘unless the
President determines that such substance or pollut-
ant or contaminant can be managed in another loca-
tion in a manner that will protect human health and
the environment’’.
(6) By striking so much of paragraph (4) of
subsection (d) as precedes subparagraph (A) and in-
serting the following:
‘‘(4) The President may waive any requirement of
subparagraphs (A) through (C) of paragraph (2) of this
subsection if the President finds that—’’.
(7) By adding the following new paragraph
after paragraph (4) of subsection (d):
‘‘(5) For purposes of subparagraph (C) of paragraph
(4) the President shall make findings of technical imprac-
ticability from an engineering perspective on the basis of
projections, modeling, or other analysis on a site-specific
basis (including the consideration of information pre-
sented by responsible parties at such facility) without a
requirement that the remedial measure for which a finding
of technical impracticability is under consideration be first
constructed or installed and operated and its performance
over time reviewed, unless such projection, modeling, or
other analysis is insufficient or inadequate to make such
a finding.’’.
(8) By adding the following new subsections
after subsection (f):
‘‘(g) EARLY EVALUATION AND PHASED REMEDIAL
ACTION.—(1) The President shall consider new proce-
dures for conducting remedial investigations and feasibil-
ity studies in an efficient, cost-effective, and timely man-
ner. Such new procedures shall take into consideration a
results-oriented approach in order to minimize the time
required to conduct such investigations and studies. The
President shall emphasize performance-based standards
where feasible and, where appropriate, provide means to
update the most practicable methods under such perform-
ance-based approaches. The President shall, as appro-
priate, employ a phased approach to site characterization
and remediation in which remedies are arrived at through
a sequence of investigations and actions. Information
gathered in one phase shall be used to inform each succes-
sive phase until final remediation goals are determined
and attained.
‘‘(2) To facilitate efficient and effective site charac-
terization that promotes early evaluation of remedial alter-
natives and to prevent ground water contamination prob-
lems from worsening, the President shall ensure, to the
extent practicable, that hydrogeologic and contaminant-re-
lated information necessary to select final ground water
remedial actions, including findings of technical imprac-
ticability, shall be collected as part of site characterization
activities prior to and during the remedial investigation.
‘‘(h) INSTITUTIONAL CONTROLS.—
‘‘(1) ASSURANCES.—In any case in which the
President selects a remedial action that relies on re-
strictions on the use of land, water, or other re-
sources or other activities to provide protection, the
President shall ensure that such controls, taken to-
gether with other response measures, are adequate
to protect human health and the environment. Insti-
tutional controls which form a significant portion of
the basis for a finding that a set of remedial options
will adequately protect human health and the envi-
ronment must be—
‘‘(A) enforceable;
‘‘(B) publicly noticed; and
‘‘(C) as appropriate for deed restrictions or
other similar measures, incorporated in the rec-
ordation systems of the appropriate jurisdiction
where the property is located.
The President may allow for a reasonable schedule
for appropriate public notice and recordation.
‘‘(2) IDENTIFICATION
AND
REGISTRY—Each
record of decision with respect to a facility shall
clearly identify any institutional controls that re-
strict uses of land, water, or other resources or other
activities at the facility. The President shall also
provide the identity of the Government official who
is primarily responsible for monitoring and enforcing
the institutional controls. The President shall main-
tain a registry of restrictions on the use of land,
water, or other resources through institutional con-
trols that are included in final records of decision as
part of the basis of decision at National Priorities
List facilities.
‘‘(3) REPORT.—The President shall, in con-
sultation with representatives of State and local gov-
ernments, study the use and effectiveness of institu-
tional controls at National Priorities List facilities.
Within 3 years after the date of enactment of this
subsection, and after issuance of a draft report and
opportunity for public comment, the President shall
issue a final report on the use and effectiveness of
institutional controls at National Priorities List fa-
cilities, together with recommendations to improve
efficiency and effectiveness.’’.
SEC. 102. OBJECTIVE RISK ASSESSMENT STANDARDS.
Title I (42 U.S.C. 9621) is amended by adding the
following new section at the end thereof:
‘‘SEC. 127. OBJECTIVE RISK ASSESSMENT PRINCIPLES,
GUIDELINES, AND REVIEWS.
‘‘(a) GENERAL PRINCIPLES.—Risk assessments and
characterizations conducted under this Act shall—
‘‘(1) provide scientifically objective assessments,
estimates, and characterizations which neither mini-
mize nor exaggerate the nature and magnitude of
risks to human health and the environment;
‘‘(2) distinguish scientific findings from other
considerations;
‘‘(3) be based on the best, relevant, and current
scientific and technical information, including avail-
able or reasonably obtainable (A) epidemiologic data,
(B) data on bioavailability, and (C) site-specific and
all other relevant information made available to the
President; and
‘‘(4) be based on a careful analysis of the
weight of scientific evidence that supports conclu-
sions about risk to human health and the environ-
ment.
‘‘(b) GUIDELINES.—(1) Within 2 years after the en-
actment of this section, the President shall update and
publish exposure assessments and ecological risk assess-
ment guidelines which are consistent with the principles
in subsection (a). Ecological risk guidelines shall address
how to evaluate the significance of risks to populations
of plant and animal species, ecological communities, and
ecosystems.
‘‘(2) Final guidelines under this subsection shall be
established after external peer review and notice and op-
portunity for comment on draft guidelines.
‘‘(c) STUDY OF SUBSTANCES.—(1) The President
shall conduct a study of the cancer potency values of 12
hazardous substances listed under paragraph (2) of sec-
tion 104(i) that are frequently found to pose significant
risks at National Priorities List facilities. The study may
also include a review of other health effects values. The
President shall not include a substance in the study under
this subsection if such substance is under scientific re-
evaluation pursuant to title XIV of the Safe Drinking
Water Act.
‘‘(2) The President shall make a scientifically objec-
tive assessment of different methodologies for determining
the health effects of chemical mixtures at relevant doses
based on reasonable exposure scenarios at National Prior-
ities List facilities.
‘‘(3) For purposes of such study and assessments,
within 30 days after the date of the enactment of this sec-
tion, the President shall obtain public comments on such
study and assessments. Not later than 15 months after
the date of the enactment of this section, the President
shall publish a draft of such assessments. After receiving
such comments on such draft assessments, and after ex-
ternal peer review, but within 2 years after the date of
the enactment of this section, the President shall complete
the study and publish the assessments under this sub-
section. The publication of the final assessments shall be
considered final agency action.
‘‘(4) The study and assessments under this sub-
section shall include a discussion, to the extent relevant,
of both laboratory and epidemiological data of sufficient
quality which finds, or fails to find, a significant correla-
tion between health risks and a potential toxin. Where
conflicts among such data appear to exist, or where animal
data are used as a basis to assess human health risks,
the study and assessments shall include discussion of dif-
ferences in study designs, comparative physiology, routes
of exposure, bioavailability, pharmacokinetics, and any
other relevant and significant factor.
‘‘(5) Where the study and assessment involve applica-
tion of any significant assumption, inference, or model, the
President shall—
‘‘(A) state the weight of scientific evidence sup-
porting a selection relative to other plausible alter-
natives;
‘‘(B) fully describe any model used in the risk
assessment and make explicit the assumptions incor-
porated in the model; and
‘‘(C) indicate the extent to which any signifi-
cant model has been validated by, or conflicts with,
empirical data.
‘‘(6) To the extent scientifically appropriate, the
President shall include, among other estimates or health
effects values, central estimates of risks or health effects
values, using the most plausible assumptions, given the
weight of the scientific information available to the Presi-
dent. Where significant assumptions have substantially
similar scientific support, the President shall provide a de-
scription of the range of estimates or values.
‘‘(d) LEAD-IN-SOILS REVIEW.—(1) Not later than 30
days after the date of the enactment of this subsection,
the Administrator shall enter into a contract with the Na-
tional Academy of Sciences to review existing science (and
any new science made available prior to completion of the
review) on the relationship, if any, between lead in residen-
tial soils and blood lead levels. The review shall be consist-
ent with section 127(a) and shall include an assessment
of whether, and, if so, to what extent, blood lead levels
are affected by removing lead-containing soil at varying
levels; an assessment of whether, and, if so, to what ex-
tent, blood lead levels are affected by variation in the type
of lead compounds, soil type, and other site-specific fac-
tors; and a review of the methodologies for modeling the
impact of soil lead levels on blood lead levels.
‘‘(2) The National Academy of Sciences shall com-
plete the review under paragraph (1) no later than 6
months after contracting with the Administrator. The re-
view shall include an opportunity for peer review and pub-
lic comment and participation. The National Academy of
Sciences shall report its findings, in writing, to Congress
and the Administrator within 30 days after completing its
review.
‘‘(e) RECONCILIATION OF DATA.—(1) The President
shall reconcile any empirical data made available to the
President from a statistically significant representation of
residents concerning lead in blood along with any other
relevant information (including the review under sub-
section (d)), in the process of making estimates of risks
based on models, methodologies, guidance, or rules con-
cerning the exposure, uptake, bioavailability, and biokinet-
ics of lead in soils. No projections based on any model,
methodology, guidance, or rule concerning the exposure,
uptake, bioavailability, or biokinetics of lead in soils may
be used to predict blood lead levels or to select remedial
actions unless the projections have been reconciled with
empirical data as required by this subsection.
‘‘(2) For purposes of paragraph (1), the term ‘rec-
oncile’ means to compare all relevant information on a
technical basis and, in any case where there are dif-
ferences between empirical data and data or projections
of data based on any model, methodology, guidance, or
rule, to explain in writing each difference and to make
a judgment based on the weight of the scientific evi-
dence.’’.
SEC. 103. REMEDY UPDATES AND REMEDY REVIEW BOARD.
Section 121(c) (42 U.S.C. 9621(c)) is amended—
(1) by inserting after ‘‘REVIEW.—’’ the follow-
ing:
‘‘(1) FIVE-YEAR REVIEW.—’’; and
(2) by adding at the end the following new
paragraphs:
‘‘(2) REVIEW BY REQUEST.—
‘‘(A) 
IN
GENERAL.—To 
ensure 
that
records of decision reflect the current state of
knowledge with respect to remediation science,
technology, and engineering; best available facil-
ity data; and most recent policy and guidance
of the Environmental Protection Agency, and to
improve the cost-effectiveness of site remedi-
ation while ensuring reliable long-term protec-
tion of human health and the environment, the
President, upon receiving a request from an in-
terested party, shall review a past Superfund
record of decision. If appropriate, based on such
review, the President shall modify the record of
decision. The President shall not be required to
conduct more than one review of a record of de-
cision under this paragraph.
‘‘(B) COSTS.—The President may establish
rules requiring a party requesting review under
this paragraph to pay the reasonable costs to
the Federal and State governments associated
with reviewing the record of decision.
‘‘(C) PAST
RECORD
OF
DECISION
DE-
FINED.—For the purpose of this subsection, the
term ‘‘past Superfund record of decision’’
means a record of decision selecting a remedy
at a site on the National Priorities List that
was signed prior to October 2, 1995, and has
not been reviewed pursuant to United States
Environmental Protection Agency, Office of
Solid Waste and Emergency Response Direc-
tive, EPA540/F–96/026, or otherwise updated
since October 2, 1995.
‘‘(D) ADMINISTRATIVE RECORD.—The re-
sults of the President’s review of a record of de-
cision under this subsection and the basis for
the President’s decision to update or not update
a remedy shall be placed in the administrative
record for the facility.
‘‘(E) JUDICIAL REVIEW.—The President’s
decision under this subsection to modify or not
modify a remedy following a review under this
subsection shall not be subject to judicial re-
view.
‘‘(F) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Nothing in this subsection may
be construed to affect the authority of the
President to modify or amend a record of deci-
sion.
‘‘(3) NATIONAL SUPERFUND REMEDY REVIEW
BOARD.—
‘‘(A) ESTABLISHMENT.—The President shall
establish a National Superfund Remedy Review
Board to control remedy costs, and to provide for
protective, consistent, and cost-effective remedial de-
cisions, at facilities on the National Priorities List.
‘‘(B) THRESHOLD FOR REVIEW.—For remedial
alternatives evaluated and identified after the date
of the enactment of this paragraph, following com-
pletion of the evaluation or remedial alternatives and
identification of a preferred remedy, the Board shall
review remedies for those facilities on the National
Priorities List for which the estimated cost of the
preferred remedy exceeds $15,000,000. If requested,
the Board may review remedies for any facility for
which the estimated cost for the preferred remedy is
$15,000,000 or less.
‘‘(C) BOARD MEMBERSHIP.—The Board shall
consist of experts on remedy selection, cost-effective-
ness, and implementation of this Act. Such experts
may be selected from the Environmental Protection
Agency, State environmental agencies, and other
Federal departments and agencies, including the De-
partment of Defense and the Department of Energy.
No person who participated in the development of a
remedy for a facility may be a member of the Board
reviewing such remedy.
‘‘(D) PUBLIC PARTICIPATION.—For each rem-
edy that is subject to review under this paragraph,
the President shall notify the State, the affected
local government, the affected community (including
any community assistance group), and the poten-
tially responsible parties that the review will take
place. Such notice shall include a brief description
of the preferred remedy and information regarding
the location of the administrative record established
for the facility under section 113(k). The Board
shall review all comments that are received during
the period for public comment. The Board is not re-
quired to review any comments that exceed 4,000
words or are not received during such period.
‘‘(E) BOARD
RECOMMENDATIONS.—With re-
spect to a facility for which the Board conducts a re-
view under this paragraph, the Board shall make
recommendations to the Regional Administrator of
the Environmental Protection Agency for the region
in which the facility is located. The Regional Admin-
istrator shall make such recommendations publicly
available and shall place such recommendations in
the administrative record for the facility immediately
upon receipt. When the proposed remedial alter-
native for the facility is issued, the President shall
explain any deviations from the Board’s rec-
ommendations.
‘‘(F) REVIEWS
OF
REMEDIES
PROPOSED
BY
STATES
UNDER
SECTION
151.—This section shall
apply to remedies developed by States under section
151. To the extent practicable, a majority of the
members of the Board reviewing any such remedies
shall be officials from State environmental agencies.
This paragraph shall not apply to remedies devel-
oped by States under section 152, although the Ad-
ministrator shall encourage such States to provide
reviews of remedies in a manner consistent with this
paragraph.’’.
SEC. 104. PUBLIC HEALTH AUTHORITIES.
(a) DISEASE REGISTRY AND MEDICAL CARE PROVID-
ERS.—Section 104(i)(1) of such Act (42 U.S.C.
9604(i)(1)) is amended as follows:
(1) By amending subparagraph (A) to read as
follows:
‘‘(A) in cooperation with the States, for sci-
entific purposes and public health purposes, estab-
lish and maintain a national registry of persons ex-
posed to toxic substances;’’.
(2) In subparagraph (E), by striking ‘‘admis-
sion to hospitals and other facilities and services op-
erated or provided by the Public Health Service’’
and inserting ‘‘referral to licensed or accredited
health care providers’’.
(b) DETERMINING
HEALTH
EFFECTS.—Section
104(i)(5)(A) of such Act (42 U.S.C. 9604(i)(5)(A)) is
amended as follows:
(1) By striking ‘‘designed to determine the
health effects (and techniques for development of
methods to determine such health effects) of such
substance’’ and inserting ‘‘conducted directly or by
means such as cooperative agreements and grants
with appropriate public and nonprofit institutions.
The research shall be designed to determine the
health effects (and techniques for development of
methods to determine such health effects) of the
substance’’.
(2) By redesignating clause (iv) as clause (v).
(3) By striking ‘‘and’’ at the end of clause (iii).
(4) By inserting after clause (iii) the following
new clause:
‘‘(iv) laboratory and other studies which can
lead to the development of innovative techniques for
predicting organ-specific, site-specific, and system-
specific acute and chronic toxicity; and’’.
(c) PUBLIC HEALTH AT NPL FACILITIES.—Section
104(i)(6) of such Act (42 U.S.C. 9604(i)(6)) is amended
as follows:
(1) By amending subparagraph (A) to read as
follows:
‘‘(A)(i) The Administrator of ATSDR shall perform
a preliminary public health assessment for each facility,
including those facilities owned by any department, agen-
cy, or instrumentality of the United States, on the Na-
tional Priorities List and those sites that are the subject
of a petition under subparagraph (B). The preliminary
public health assessment shall be commenced as soon as
practicable after each facility is proposed for inclusion on
the National Priorities List or ATSDR accepts a petition
for a health assessment. Where ATSDR, in consultation
with local public health officials, determines it is indicated
by the preliminary public health assessment, ATSDR shall
conduct a public health assessment of those sites posing
a health hazard, which should be considered in selecting
the remedial action.
‘‘(ii) The Administrator of ATSDR shall design pub-
lic health assessments that take into account the needs
and conditions of the affected community, in cooperation
with States.
‘‘(iii) The Administrator of the Environmental Pro-
tection Agency shall place highest priority on facilities
with releases of hazardous substances which result in ac-
tual ongoing human exposures at levels of public health
concern or adverse health effects as identified in a public
health assessment conducted by the ATSDR or are rea-
sonably anticipated based on currently known facts.’’.
(2) In subparagraph (D), by inserting ‘‘(i)’’
after ‘‘(D)’’ and by adding the following at the end
of the subparagraph: ‘‘The President and the Ad-
ministrator of ATSDR shall develop strategies to ob-
tain relevant on-site and off-site characterization
data for use in the health assessment, the President
shall, to the maximum extent practicable, provide
the Administrator of ATSDR with the data and in-
formation necessary to make public health assess-
ments sufficiently prior to the choice of remedial ac-
tions to allow ATSDR to complete these assess-
ments. Where deemed appropriate, the Adminis-
trator of ATSDR shall provide to the President as
soon as practicable after site discovery, recommenda-
tions for sampling environmental media for hazard-
ous substances of public health concern. To the ex-
tent feasible, the President shall incorporate such
recommendations into its site investigation activities.
‘‘(ii) In order to improve community involvement in
health assessments, the Administrator of ATSDR shall
carry out each of the following duties:
‘‘(I) The Administrator of ATSDR shall ac-
tively collect from Community Assistance Groups
(‘CAGs’), from State and local public health authori-
ties, and from other sources in communities affected
or potentially affected by releases of hazardous sub-
stances data regarding exposure, relevant human ac-
tivities, and other factors.
‘‘(II) The Administrator of ATSDR shall design
health assessments that take into account the needs
and conditions of the affected community. Commu-
nity-based research models, building links to local
expertise, and local health resources should be used.
In preparing such designs, emphasis shall be placed
on collection of actual exposure data, and sources of
multiple exposure shall be considered.’’.
(3) In subparagraph (H), by striking ‘‘health
assessment’’ each place it appears and inserting
‘‘public health assessment’’.
(d) HEALTH STUDIES.—Subparagraph (A) of section
104(i)(7) of such Act (42 U.S.C. 9604(i)(7)) is amended
to read as follows: ‘‘(A) Whenever in the judgment of the
Administrator of ATSDR it is appropriate on the basis
of the results of a public health assessment or on the basis
of other appropriate information, the Administrator of
ATSDR shall conduct a human health study of exposure
or other health effects for selected groups or individuals
in order to determine the desirability of conducting full
scale epidemiologic or other health studies of the entire
exposed population.’’.
(e) DISTRIBUTION OF MATERIALS TO HEALTH PRO-
FESSIONALS AND MEDICAL CENTERS.—Paragraph (14)
of section 104(i) of such Act (42 U.S.C. 9604(i)) is
amended to read as follows:
‘‘(14) In implementing this subsection and other
health-related provisions of this Act in cooperation with
the States, the Administrator of ATSDR shall—
‘‘(A) assemble, develop as necessary, and dis-
tribute to the State and local health officials, tribes,
medical colleges, physicians, nursing institutions,
nurses, and other health professionals and medical
centers, appropriate educational materials (including
short courses) on the medical surveillance, screening,
and methods of prevention, diagnosis, and treatment
of injury or disease related to exposure to hazardous
substances (giving priority to those listed in para-
graph (2)), through means the Administrator of
ATSDR considers appropriate; and
‘‘(B) assemble, develop as necessary, and dis-
tribute to the general public and to at-risk popu-
lations appropriate educational materials and other
information on human health effects of hazardous
substances.’’.
(f) GRANT AWARDS, CONTRACTS, AND COMMUNITY
ASSISTANCE ACTIVITIES.—Section 104(i)(15) of such Act
(42 U.S.C. 6904(i)(15)) is amended as follows:
(1) By inserting ‘‘(A)’’ before ‘‘The activities’’.
(2) In the first sentence, by striking ‘‘coopera-
tive agreements with States (or political subdivisions
thereof)’’ and inserting ‘‘grants, cooperative agree-
ments, or contracts with States (or political subdivi-
sions thereof), other appropriate public authorities,
public or private institutions, colleges, universities,
and professional associations’’.
(3) In the second sentence, by inserting ‘‘pub-
lic’’ before ‘‘health assessments’’.
(4) By adding at the end the following new sub-
paragraphs:
‘‘(B) When a public health assessment is conducted
at a facility on the National Priorities List, or a facility
is being evaluated for inclusion on the National Priorities
List, the Administrator of ATSDR may provide the assist-
ance specified in this paragraph to public or private non-
profit entities, individuals, and community-based groups
that may be affected by the release or threatened release
of hazardous substances in the environment.
‘‘(C) The Administrator of the ATSDR, pursuant to
the grants, cooperative agreements, and contracts referred
to in this paragraph, is authorized and directed to provide,
where appropriate, diagnostic services, health data reg-
istries and preventative public health education to commu-
nities affected by the release of hazardous substances.’’.
(g) PEER REVIEW COMMITTEE.—Subsection (i) of
section 104 of such Act is amended by adding the follow-
ing at the end thereof:
‘‘(19) The Administrator of ATSDR shall establish
an external peer review committee of qualified health sci-
entists who serve for fixed periods and meet periodically
to—
‘‘(A) provide guidance on initiation of studies;
‘‘(B) assess the quality of study reports funded
by the agency; and
‘‘(C) provide guidance on effective and objective
risk characterization and communication.
The peer review committee may include additional specific
experts representing a balanced group of stakeholders on
an ad hoc basis for specific issues. Meetings of the com-
mittee should be open to the public.’’.
SEC. 105. INDIAN HEALTH PROVISIONS.
Section 104(i) (42 U.S.C. 9406(i)) is amended as fol-
lows:
(1) In paragraph (1)—
(A) by inserting ‘‘the Indian Health Serv-
ice’’ after ‘‘the Secretary of Transportation’’;
(B) by inserting ‘‘and tribal’’ after ‘‘and
local’’;
(C) in subparagraph (A) (as amended by
this Act) by inserting ‘‘and Indian tribes’’ after
‘‘the States’’; and
(D) in subparagraph (C) by inserting ‘‘In-
dian tribes’’ after ‘‘States,’’.
(2) In paragraph (4) by—
(A) striking ‘‘State officials and local offi-
cials’’ and inserting ‘‘State, tribal, and local of-
ficials’’; and
(B) inserting in the second sentence ‘‘or
Indian tribes’’ after ‘‘States’’.
(3) In paragraph (5)(A) by inserting ‘‘and the
Indian Health Service’’ after ‘‘Public Health Serv-
ice’’.
(4) In paragraph (6)(C) by inserting ‘‘where
low population density is not used as an excluding
risk factor’’ after ‘‘health appears highest’’.
(5) In paragraph (6)(E)—
(A) by inserting ‘‘Indian tribe’’ after
‘‘Any’’; and
(B) by inserting at the end of the subpara-
graph the following: ‘‘If the ATSDR or the Ad-
ministrator of the Environmental Protection
Agency does not act on the recommendations of
the State or Indian tribe, then the Administra-
tors must respond in writing to the State or
tribe why they have not acted on the rec-
ommendations.’’.
(6) In paragraph (6)(F) by striking ‘‘and’’ after
‘‘emissions,’’ and inserting ‘‘and any other pathways
resulting from subsistence activities’’ after ‘‘contami-
nation’’.
(7) In paragraph (6)(G) by striking the period
at the end of the last sentence and inserting the fol-
lowing: ‘‘and give special consideration, where appro-
priate, to any practices of the affected community
that may result in increased exposure to hazardous
substances, pollutants, or contaminants, such as
subsistence hunting, fishing, and gathering.’’.
(8) In paragraph (10)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D);
(B) by striking the period at the end of
subparagraph (E) and inserting ‘‘; and’’; and
(C) by inserting after revised subpara-
graph (E) the following new subparagraph:
‘‘(F) and the health impacts from pollut-
ants, contaminants, and hazardous substances
on Indian tribes from covered facilities.’’.
SEC. 106. HAZARD RANKING SYSTEM.
Section 105(c) (42 U.S.C. 9605(c)) is amended by
inserting after paragraph (4) the following new para-
graphs:
‘‘(5) RISK PRIORITIZATION.—In setting prior-
ities under subsection (a)(8), the President shall
place highest priority on facilities with releases of
hazardous substances which result in actual ongoing
human exposures at levels of public health concern
or demonstrated adverse health effects as identified
in a health assessment conducted by the Agency for
Toxic Substances and Disease Registry or are rea-
sonably anticipated based on currently known facts.
‘‘(6) PRIOR
RESPONSE
ACTION.—Any evalua-
tion under this section shall take into account all
prior response actions taken at the facility.’’.
SEC. 107. REMOVAL ACTIONS.
Section 104(c)(1) (42 U.S.C. 9604(c)(1)) is amend-
ed—
(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
‘‘$3,000,000’’; and
(3) by striking ‘‘12 months’’ and inserting ‘‘two
years’’.
SEC. 108. 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,
the President may acquire, at fair market value, or
for other consideration as agreed to by the parties,
a hazardous substance easement which restricts, lim-
its, or controls the use of land, water, or other natu-
ral resources, including specifying permissible or im-
permissible uses of land, prohibiting specified activi-
ties upon property, prohibiting the drilling of wells
or use of ground water, or restricting the use of sur-
face 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 remedial action for a site listed on the Na-
tional Priorities List.
‘‘(3) PERSONS
SUBJECT
TO
EASEMENTS.—A
hazardous substance easement shall be enforceable
for 20 years and may be renewed for additional 20-
year periods where necessary to meet the standards
of this section (unless terminated and released as
provided for in this section) against any owner of
the affected property and all persons who subse-
quently 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 respect to privity or lack of privity of estate
or contract, lack of benefit running to any other
property, assignment of the easement to another
party, or any other circumstance which might other-
wise affect the enforceability of easements or similar
deed restrictions under the laws of the State. The
easement shall be binding upon holders of any other
interests in the property regardless of whether such
interests are recorded or whether they were recorded
prior or subsequent to the easement, and shall re-
main in effect notwithstanding any foreclosure or
other assertion of such interests.
‘‘(4) CONTENTS OF EASEMENTS.—A hazardous
substance easement shall contain, at a minimum—
‘‘(A) a legal description of the property 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, water, or
other natural resources provided for in the hazard-
ous substance easement.
‘‘(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 direct
cost of such easements, ensuring adequate public no-
tice of such easements, and otherwise tracking and
maintaining the protections afforded by the ease-
ments shall be considered response costs which are
recoverable under this Act.
‘‘(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 sub-
section (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, water, or other natural
resources in order to prevent exposure to, re-
duce the likelihood of, or otherwise respond to,
a release or threatened release of a hazardous
substance, and which is expressly designated in
writing as a hazardous substance easement
within the meaning of this paragraph, shall cre-
ate the same rights, have the same legal effect,
and be enforceable in the same manner as a
hazardous substance easement held by the
President regardless of whether the interest in
property is otherwise denominated as an ease-
ment, 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
‘‘(iii) the action is brought during the mor-
atorium pursuant to section 128 (relating to al-
location).’’.
SEC. 206. LIABILITY OF RESPONSE ACTION CONTRACTORS.
(a) EXTENSION OF NEGLIGENCE STANDARD.—Sub-
section (a) of section 119 (42 U.S.C. 9619(a)) is amended
as follows:
(1) In paragraph (1), by striking out ‘‘title or
under any other Federal law’’ and inserting in lieu
thereof ‘‘title, under any other Federal law or under
the law of any State or political subdivision of a
State’’.
(2) by adding at the end of paragraph (1) the
following: ‘‘Notwithstanding the preceding sentence,
this section shall not apply in determining the liabil-
ity of a response action contractor under the law of
any State or political subdivision thereof if the State
has adopted a law determining the liability of a re-
sponse action contractor.’’.
(3) By adding at the end of paragraph (2) the
following: ‘‘Such conduct shall be evaluated based on
the generally accepted standards and practices in ef-
fect at the time and place that the conduct oc-
curred.’’.