200
facilitate public participation at all stages of re-
sponse action.
‘‘(5) FUNDING AMOUNT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the amount of a technical
assistance grant may not exceed $50,000 for a
single grant recipient.
‘‘(B) INCREASE.—The Administrator may
increase the amount of a technical assistance
grant, or renew a previous technical assistance
grant, up to a total grant amount not exceeding
$100,000, to reflect the complexity of the re-
sponse action, the nature and extent of con-
tamination at the facility, the level of facility
activity, projected total needs as requested by
the grant recipient, the size and diversity of the
affected population, and the ability of the grant
recipient to identify and raise funds from other
non-Federal sources.
‘‘(6) 
USE
OF
TECHNICAL
ASSISTANCE
GRANTS.—
‘‘(A) PERMITTED USE.—A technical assist-
ance grant may be used to obtain technical as-
sistance in interpreting information with regard
to—
201
‘‘(i) the nature of the hazardous sub-
stances locate at a facility;
‘‘(ii) the work plan;
‘‘(iii) the facility evaluation;
‘‘(iv) a proposed remedial action plan,
a remedial action plan, and a final reme-
dial design for a facility;
‘‘(v) response actions carried out at
the facility; and
‘‘(vi) operation and maintenance ac-
tivities at the facility.
‘‘(B) PROHIBITED USE.—A technical as-
sistance grant may not be used for the purpose
of collecting field sampling data.
‘‘(7) GRANT GUIDELINES.—
‘‘(A) IN
GENERAL.—Not later than 90
days after the date of enactment of this para-
graph, the Administrator shall develop and pub-
lish guidelines concerning the management of
technical assistance grants by grant recipients.
‘‘(B) HIRING OF EXPERTS.—A recipient of
a technical assistance grant that hires technical
experts shall act in accordance with the guide-
lines under subparagraph (A).
‘‘(C) SPECIAL RULES.—
202
‘‘(i) The President shall not approve
any TAG application unless the applicant
agrees to fully participate in the commu-
nity assistance group for the site to which
the grant relates and to present questions,
concerns, and suggestions to the organiza-
tion whenever possible. The President shall
make no further payments to any TAG re-
cipient that does not make a good faith ef-
fort to fulfill such agreement.
‘‘(ii) EARLY AWARD OF GRANTS.—The
President shall award technical assistance
grants at the earliest appropriate time.’’.
TITLE VIII—MISCELLANEOUS
SEC. 801. 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 (11) is amended by striking out
‘‘Response Fund established by section 221 of this
Act’’ and all that follows through the end of the
paragraph and inserting in lieu thereof ‘‘Superfund
established by section 9507 of the Internal Revenue
Code of 1986.’’.
203
(3) Paragraph (14) is amended by adding at
the end the following: ‘‘Such term does not include
any naturally occurring radioactive materials.’’.
(4) Paragraph (20) is amended as follows:
(A) In subparagraph (A), by inserting ‘‘the
United States or’’ after ‘‘similar means to’’.
(B) In subparagraph (D)—
(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’’.
(C) by adding after subparagraph (D) the
following new subparagraph:
‘‘(E) 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-
servator or receiver appointed by a department,
agency, or instrumentality of the United States if
204
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.’’.
(5) Paragraph (23) (relating to the terms ‘‘re-
move’’ and ‘‘removal’’) is amended—
(A) in the first sentence—
(i) by striking ‘‘terms’’ and inserting
‘‘term’’;
205
(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.’’.
(6) 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
thereto when such activities are undertaken by
the President, a State or Indian Tribe’’.
206
(7) 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’ ’’.
(8) Paragraph (33) (relating to the term ‘‘pol-
lutant or contaminant’’) is amended by striking
‘‘; except that the’’ and inserting ‘‘. The’’ and by
adding the following at the end thereof: ‘‘Such term
does not include any naturally occurring radioactive
materials.’’.
(9) The following new paragraphs are added at
the end:
‘‘(39) 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
207
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
facilities or municipal incinerators, or waste from
manufacturing or processing (including pollution
control) operations not essentially the same as waste
normally generated by households.
‘‘(40) 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.
208
(b) DEFINITIONS.—Section 101 (42 U.S.C. 9607) is
further amended by adding at the end thereof the follow-
ing:
‘‘(42) MUNICIPALITY.—The term ‘municipal-
ity’—
‘‘(A) means a political subdivision of a
State (including a city, county, village, town,
township, borough, parish, school district, sani-
tation district, water district, or other public
entity performing local governmental functions);
and
‘‘(B) includes a natural person acting in
the capacity of an official or employee of any
entity described in subparagraph (A) in the per-
formance of a governmental function.
‘‘(43)(A) LARGE
MUNICIPALITY.—The term
‘large municipality’ means a municipality with a
population of 100,000 or more according to the
1990 census.
‘‘(B) SMALL MUNICIPALITY.—The term ‘small
municipality’ means a municipality with a population
of less than 100,000 according to the 1990 census.
‘‘(44) ARRANGER
SITE.—The term ‘arranger
site’ means a facility where the majority of hazard-
ous substances disposed of at the site were delivered
209
to the site from other locations by parties unaffili-
ated with the owners and operators of a site.
‘‘(45) 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.
‘‘(46) SEWAGE
SLUDGE.—The term ‘sewage
sludge’ means solid, semisolid, or liquid residue re-
moved during the treatment of municipal waste
water, domestic sewage, or other waste water at or
by publicly owned or federally owned treatment
works.
‘‘(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-
210
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) CONSTRUCTION CONTRACTOR.—The term
‘construction contractor’ means a person who—
‘‘(A) is not—
‘‘(i) taking or required to take any re-
sponse action under this Act or any other
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;
‘‘(B) did not know or have reason to know
of the presence of hazardous substances at the
facility concerned before beginning construction
activities;
211
‘‘(C) provided all legally required notices
with respect to the discovery or release of any
hazardous substances at the facility; and
‘‘(D) 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.
‘‘(50) NATURALLY
OCCURRING
RADIOACTIVE
MATERIALS.—The term ‘naturally occurring radio-
active materials’ means materials which are or con-
tain naturally occurring radionuclides and their re-
spective decay products unless such materials are
derived from substances processed exclusively for
their radionuclide content. Such term does not in-
clude source, special nuclear, or by-product material
regulated under the Atomic Energy Act of 1954 (42
U.S.C. 2011 and following).’’.
SEC. 802. RESPONSE CLAIMS PROCEDURES.
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
212
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 and, where necessary,
withhold claims or a portion thereof which are incon-
sistent with section 111(a).’’.
SEC. 803. 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:
(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.
213
(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 II of the Superfund Reform
Act in ensuring equitable, simplified, and expedited
allocations and settlements for small businesses.
SEC. 
804. 
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 President should
give higher priority to such remedial action (or portion
214
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 responsible party may request similar
consideration, in the President’s discretion.’’.
SEC. 805. 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. 806. 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
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-
215
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—
(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-
216
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. 807. RESPONSE AUTHORITIES.
(a) DISPOSAL
AUTHORITY.—Section 104(j) (42
U.S.C. 9604(j)) is amended as follows:
(1) In paragraph (1), by striking ‘‘remedial’’ in
the first sentence and inserting ‘‘response’’.
(2) By amending paragraph (2) to read as fol-
lows:
‘‘(2) DISPOSAL AUTHORITY.—The President is
authorized to dispose of any interest in real property
acquired for use by the President under this sub-
section by sale, exchange, donation, or otherwise and
any such interest in real property shall not be sub-
ject 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.’’.
(3) In paragraph (3) by striking ‘‘estate’’ and
inserting ‘‘property’’.
SEC. 808. PRIORITIZATION.
Section 105 (42 U.S.C. 9605) is amended by adding
at the end the following:
217
‘‘(h) SPENDING ACCORDING TO ESTABLISHED PRI-
ORITIES.—To the extent practicable, the President shall
establish spending priorities for remedial actions based
upon the following criteria:
‘‘(1) The criteria in subsection (a)(8).
‘‘(2) Most risk reduction for funds spent.
‘‘(i) PROPOSED EXPENDITURE BUDGET.—
‘‘(1) PUBLICATION
OF
PROPOSED
BUDGET.—
The President shall develop and publish a proposed
budget for expenditures for a fiscal year for remedial
actions based on the spending priorities established
under subsection (h).
‘‘(2) REVIEW AND COMMENT.—The President
shall make available the proposed expenditure budg-
et required under paragraph (1) for public review
and comment. In carrying out this paragraph, the
President shall seek comments from affected citizens
and businesses, local and State governments (includ-
ing public health officials), Indian tribes, and envi-
ronmental groups on whether the remedial priorities
in the proposed expenditure budget are in accord-
ance with the criteria referred to in subsection (h).
‘‘(3) FINAL BUDGET.—The budget of the Presi-
dent for a fiscal year submitted to Congress under
section 1105 of title 31, United States Code, shall
218
include a budget for expenditures for remedial ac-
tions based on the proposed budget developed under
this subsection, taking into consideration any com-
ments received under paragraph (2).
‘‘(j) ADVISORY COMMITTEES.—
‘‘(1) ESTABLISHMENT.—The President shall es-
tablish an advisory committee to be known as the
‘National Remediation Advisory Committee’ to make
recommendations to the President on the proposed
expenditure budget developed under subsection (i)
and to review public comments received on such
budget. The President also may establish advisory
committees located in the regions of the Environ-
mental Protection Agency, to be known as regional
remediation advisory committees, to review public
comments from each region before the comments are
considered by the National Remediation Advisory
Committee and to provide recommendations to such
Advisory Committee. The recommendations of an
advisory committee established under this subsection
shall reflect its review of public comments received
under subsection (i) and its consideration of the pri-
orities established by the President under subsection
(h).
219
‘‘(2) MEMBERS.—The National Remediation
Advisory Committee and any regional remediation
advisory committee may consist of up to 20 mem-
bers (none of whom may be Environmental Protec-
tion Agency or Department of Justice officers or
employees) with expertise in science or health fields
related to remediation, including representatives of
communities affected by hazardous substances; State
and local governments; environmental organizations;
and representatives of large and small businesses
(including remediation companies). Members shall
serve staggered 3-year terms, and be appropriately
compensated.
‘‘(3) STAFF
SUPPORT.—The President shall
provide personnel to assist the National Remediation
Advisory Committee and any regional remediation
advisory committee to carry out their duties. To the
extent practicable, such personnel shall be employees
from other Federal departments and agencies.
‘‘(4) FUNDING.—The costs of the advisory com-
mittees established under this subsection shall be in-
cluded in the proposed budget required under sub-
section (i).’’.
220
SEC. 809. RESPONSE MANAGEMENT AND WORKER PROTEC-
TION STANDARDS.
Section 126 of the Superfund Amendments and Re-
authorization Act of 1986 (29 U.S.C. 655 note) is amend-
ed—
(1) by amending the section heading to read as
follows:
‘‘SEC. 126. RESPONSE MANAGEMENT AND WORKER PRO-
TECTION STANDARDS.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(h) RESPONSE MANAGEMENT AND TRAINING.—
‘‘(1) AUTHORITY OF REMEDIAL PROJECT MAN-
AGERS.—The President is encouraged to give great-
er decision making authority to remedial project
managers in order to increase the pace of cleanups,
reduce paperwork and administrative costs, and re-
duce delays in making response action decisions.
‘‘(2) TRAINING.—(A) To ensure that response
action decisions continue to be given appropriate re-
view to protect human health and the environment
and serve the other purposes of this Act, the Presi-
dent shall require that remedial project managers re-
ceive adequate training in environmental manage-
ment. Such training should include an undergradu-
ate or graduate degree that includes course work to
221
develop skills in project planning or management,
sciences relevant to response actions, and financial
management. In determining the training that shall
be required, the President shall consider the amount
of training required under this section for workers,
onsite managers and supervisors under subsection
(d), and any additional responsibilities of remedial
project managers.
‘‘(B) In determining whether a remedial project
manager has received adequate training, the Presi-
dent may take into account experience in managing
environmental response projects, considering the size
and complexity of such projects.
‘‘(3) REVIEW OF TRAINING FACILITIES.—The
President shall conduct a review of existing training
facilities to determine whether a national environ-
mental training center should be established to pro-
vide training for remedial project managers, on-
scene coordinators, and other response personnel.’’.
SEC. 810. ACTIONS RELATING TO SOURCE, BYPRODUCT,
AND SPECIAL NUCLEAR MATERIAL.
(a) MATERIAL
SUBJECT
TO
DECONTAMINATION
REGULATIONS FOR LICENSE TERMINATION.—Title III is
amended by adding at the end the following new section:
222
‘‘SEC. 313. ACTIONS RELATING TO SOURCE, BYPRODUCT,
AND SPECIAL NUCLEAR MATERIAL.
‘‘No authority of this Act may be used to commence
an administrative or judicial action with respect to source,
special nuclear, or byproduct material that is subject to
decontamination regulations issued by the Nuclear Regu-
latory Commission for license termination under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or
by a State that has entered into an agreement pursuant
to section 274b. of that Act, unless such action is re-
quested—
‘‘(1) by the Nuclear Regulatory Commission; or
‘‘(2) in the case of such material under the ju-
risdiction of a State that has entered into an agree-
ment pursuant to section 274b. of that Act, the Gov-
ernor of the State.’’.
(b) MATERIAL RELEASED AFTER LICENSE TERMI-
NATION.—Section 101(10) is amended by inserting before
the period at the end of subparagraph (K) the following:
‘‘, or any release of such material in accordance with regu-
lations of the Nuclear Regulatory Commission following
termination of a license issued by the Commission pursu-
ant to the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.) or by a State acting under an agreement entered
into pursuant to section 274b. of that Act’’.
223
TITLE IX—FUNDING
Subtitle A—Expenditures From the
Hazardous Substance Superfund
SEC. 901. EXPENDITURES FROM THE HAZARDOUS SUB-
STANCE SUPERFUND.
(a) EXPENDITURES.—Section 111 (42 U.S.C. 9611)
is amended by striking out subsections (a), (b), (c), (d),
and (e) and inserting in lieu thereof the following:
‘‘(a) EXPENDITURES FROM HAZARDOUS SUBSTANCE
SUPERFUND.—
‘‘(1) 
SUBSECTION
(b) 
EXPENDITURES.—
Amounts appropriated to the Hazardous Substance
Superfund after January 1, 1998, pursuant to sec-
tion 9507(b)(1) of the Internal Revenue Code of
1986 and amounts credited under section 9602(b) of
such Code with respect to those appropriated
amounts are available, may be used only for the pur-
poses specified in subsection (b) of this section, and
shall remain available until expended.
‘‘(2) SUBSECTIONS
(b) 
AND
(c) 
EXPENDI-
TURES.—Amounts appropriated to the Hazardous
Substance Superfund pursuant to paragraph (2),
(3), (4), (5), or (6) of section 9507(b) of the Inter-
nal Revenue Code of 1986 and amounts credited
under section 9602(b) of such Code with respect to
224
those appropriated amounts shall be available as
provided in appropriations Acts and may be used for
the purposes specified in subsections (b) and (c) of
this section.
‘‘(b) RESPONSE, REMOVAL, AND REMEDIATION.—
The President shall use amounts in the Fund as made
available by paragraphs (1) and (2) of subsection (a) for
costs of response, removal, and remediation (and adminis-
trative costs directly related to such costs), including the
following:
‘‘(1) GOVERNMENT
RESPONSE
COSTS.—Pay-
ment of governmental response costs incurred pursu-
ant to section 104 of this title, including costs in-
curred pursuant to the Intervention on the High
Seas Act.
‘‘(2) PRIVATE RESPONSE COST CLAIMS.—Pay-
ment of any claim for necessary response costs in-
curred by any other person as a result of carrying
out the national contingency plan established under
section 105 of this title, if such costs are approved
under such plan, are reasonable in amount based on
open and free competition or fair market value for
similar available goods and services, and are cer-
tified by the responsible Federal official.
225
‘‘(3) ACQUISITION
COSTS
UNDER
SECTION
104(j).—The costs incurred by the President in ac-
quiring real estate or interests in real estate under
section 104(j) (relating to acquisition of property).
‘‘(4) STATE AND LOCAL GOVERNMENT REIM-
BURSEMENT.—Reimbursement to State and local
governments under section 123, except that during
any fiscal year not more than 0.1 percent of the
total amount made available for purposes of this sec-
tion may be used for reimbursements to local gov-
ernments and no State may receive reimbursement
of more than $2,000,000 in any fiscal year.
‘‘(5) FUNDS
FOR
STATES
WITH
DELEGATED
AUTHORITY.—Payment of any funds to a State pur-
suant to section 153 (relating to State delegation).
‘‘(6) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—Payment for the implementation of any
contract or cooperative agreement under section
104(d).
‘‘(7) PAYMENTS RELATED TO CERTAIN REDUC-
TIONS, LIMITATIONS, AND EXEMPTIONS.—Payment
of costs and reimbursement in accordance with the
following:
‘‘(A) Section 128(n) (relating to post-allo-
cation performance).
226
‘‘(B) Section 130(a) (relating to certain
non-liable parties).
No payment or reimbursement under this paragraph
shall include payment of, or reimbursement for, any
portion of attorneys’ fees that do not constitute nec-
essary costs of response within the meaning of sec-
tion 107(a)(4)(B).
‘‘(8) Payment for the implementation of any
contract or cooperative agreement under section
104(d).
‘‘(c) ADMINISTRATION, OVERSIGHT, RESEARCH, AND
OTHER COSTS.—The President shall use amounts in the
Fund as made available pursuant to subsection (a)(2) for
the following costs (and administrative costs directly relat-
ed to such costs):
‘‘(1) INVESTIGATION AND ENFORCEMENT.—The
costs of identifying, investigating, and taking en-
forcement action against releases of hazardous sub-
stances.
‘‘(2) OVERHEAD.—(A) The costs of providing
services, equipment, and other overhead related to
the purposes of this Act and needed to supplement
equipment and services available through contractors
and other non-Federal entities.
227
‘‘(B) The costs of establishing and maintaining
damage assessment capability for any Federal agen-
cy involved in strike forces, emergency task forces,
or other response teams under the National Contin-
gency Plan.
‘‘(3) EMPLOYEE SAFETY PROGRAMS.—The cost
of maintaining programs otherwise authorized by
this Act to protect the health and safety of employ-
ees involved in response to hazardous substance re-
leases.
‘‘(4) GRANTS FOR TECHNICAL ASSISTANCE.—
The cost of grants under section 117(g) (relating to
public participation grants for technical assistance).
‘‘(5) WORKER
TRAINING
AND
EDUCATION
GRANTS.—The cost of grants under section 126(g)
of the Superfund Amendments and Reauthorization
Act of 1986 for training and education of workers.
‘‘(6) ATSDR ACTIVITIES.— Any costs incurred
in accordance with subsection (m) of this section (re-
lating to ATSDR) and section 104(i), including the
costs of epidemiologic and laboratory studies, health
assessments, and other activities authorized by sec-
tion 104(i).
‘‘(7) EVALUATION
COSTS
UNDER
PETITION
PROVISIONS OF SECTION 105(d).—Costs incurred by
228
the President in evaluation facilities pursuant to pe-
titions under section 105(d) (relating to petitions for
assessment of release).
‘‘(8) 
CONTRACT
COSTS
UNDER
SECTION
104(a)(1).—The costs of contracts or arrangements
entered into under section 104(a)(1) to oversee and
review the conduct of remedial investigations and
feasibility studies undertaken by persons other than
the President and the costs of appropriate Federal
and State oversight of remedial activities at National
Priorities List sites resulting from consent orders or
settlement agreements.
‘‘(9) RESEARCH, DEVELOPMENT, AND
DEM-
ONSTRATION COSTS UNDER SECTION 311.—The cost
of carrying out section 311 (relating to research, de-
velopment, and demonstration).
‘‘(10) AWARDS UNDER SECTION 109.—The costs
of any awards granted under section 109(d) (relat-
ing to providing information concerning violations).
‘‘(d) 
LIMITATIONS
ON
NATURAL
RESOURCES
CLAIMS.—No money in the Fund may be used for the pay-
ment of any claim under subsection (b)(7) or (b)(8) of
this section where such expenses are associated with injury
or loss resulting from long-term exposure to ambient con-
229
centrations of air pollutants from multiple or diffuse
sources.
‘‘(e) OTHER LIMITATIONS.—(1) Claims against or
presented to the Fund shall not be valid or paid in excess
of the total unobligated balance in the Fund at any one
time. Such claims become valid and are payable only when
additional money is collected, appropriated, or otherwise
added to the Fund. Should the total claims outstanding
at any time exceed the current balance of the Fund, the
President shall pay such claims, to the extent authorized
under this section, in full in the order in which they were
finally determined, except that, for any fiscal year, the
President shall ensure that an amount equivalent to the
amount obligated in fiscal year 1997 for response actions
will be available in that fiscal year for obligation for re-
sponse actions prior to paying any claims under section
112(g).
‘‘(2) No money in the Fund shall be available for re-
medial action, other than actions specified in subsection
(c) of this section, with respect to federally owned facili-
ties, except that money in the Fund shall be available for
the provision of alternative water supplies (including the
reimbursement of costs incurred by a municipality) in any
case involving ground water contamination outside the
boundaries of a federally owned facility in which the feder-
230
ally owned facility is not the only potentially responsible
party.
‘‘(f) LIMITATION
ON CERTAIN EXPENDITURES.—
From the total sums made available under subsection (a)
of this section for any fiscal year, the aggregate amount
expended in such fiscal year for administration and man-
agement support, oversight, studies, design, investiga-
tions, assessment, and evaluation shall not exceed the fol-
lowing percentages of such total:
‘‘(1) Fiscal years 1999, 2000, and 2001: 25
percent.
‘‘(2) Fiscal year 2002 and thereafter: 20 per-
cent.
The Administrator shall report to the Congress, within 90
days after the enactment of this subsection, any regulatory
or statutory relief that will be required to operate under
the funding limitations specified in this subsection.’’.
(b) ADDITIONAL AMENDMENTS.—(1) Section 111
(42 U.S.C. 9611) is further amended by striking out sub-
sections (j) and (n).
(2) Section 107 (42 U.S.C. 9607) is amended by
striking out subsection (k).
231
SEC. 902. 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 1998, $250,000,000.
‘‘(B) For fiscal year 1999, $250,000,000.
‘‘(C) For fiscal year 2000, $250,000,000.
‘‘(D) For fiscal year 2001, $250,000,000.
‘‘(E) For fiscal year 2002, $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.’’.
(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
232
Superfund Revenue Act of 1986’’ and inserting in lieu
thereof ‘‘section 111(p) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9611(p))’’.
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, 2003’’:
(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
‘‘2000’’,
(B) by striking ‘‘1994’’ each place it ap-
pears and inserting ‘‘2001’’, and
233
(C) by striking ‘‘1995’’ each place it ap-
pears and inserting ‘‘2002’’.
(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, 2002’’.
(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, 2002’’.
(d) TRUST FUND PURPOSES.—Paragraph (1) of sec-
tion 9507(c) of such Code is amended to read as follows:
‘‘(1) IN GENERAL.—(A) Amounts appropriated
to the Superfund after January 1, 1998, pursuant
to subsection (b)(1) shall be available only for the
purposes specified in section 111(b) of CERCLA.
‘‘(B) Amounts appropriated to the Superfund
pursuant to paragraph (2), (3), (4), (5), or (6) of
subsection (b) shall be available, as provided in ap-
propriations Acts, only for the purposes specified in
section 111.’’.
(e) COORDINATION WITH OTHER PROVISIONS.—
Paragraph (2) of section 9507(e) of the such Code is
234
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 (or in any amendment made by
any of such Acts)’’.
Æ