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103D CONGRESS
2D SESSION
H. R. 3800
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 3, 1994
Mr. SWIFT, by request (for himself, Mr. DINGELL, Mr. MINETA, Mr. ROSTEN-
KOWSKI, and Mr. APPLEGATE) introduced the following bill; which was
divided and referred as follows: titles I through VIII jointly to the Com-
mittees on Energy and Commerce and Public Works and Transportation;
and title IX to the Committee Ways and Means
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Superfund Reform Act
of 1994’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
TITLE I—COMMUNITY PARTICIPATION AND HUMAN HEALTH
Sec. 101. Purposes and objectives.
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Sec. 102. Early, direct and meaningful community participation.
Sec. 103. Community working groups.
Sec. 104. Citizen information and access offices.
Sec. 105. Response to comments.
Sec. 106. Multiple sources of risk demonstration projects.
Sec. 107. Assessing risks from multiple sources.
Sec. 108. Multiple sources of risk in priority setting.
Sec. 109. Disease registry and medical care providers.
Sec. 110. Substance profiles.
Sec. 111. Determining health effects.
Sec. 112. Public health and related health activities at National Priorities List
sites.
Sec. 113. Health studies.
Sec. 114. Distribution of materials to health professionals and medical centers.
Sec. 115. Grant awards/contracts/community assistance activities.
Sec. 116. Public health recommendations in remedial actions.
Sec. 117. Agency for Toxic Substances and Disease Registry notification.
TITLE II—STATE ROLES
Sec. 201. State authority.
Sec. 202. Transfer of authorities.
Sec. 203. State role in determination of remedial action taken.
Sec. 204. State assurances.
Sec. 205. Siting.
Sec. 206. The National Priorities List.
Sec. 207. The State Registry.
TITLE III—VOLUNTARY RESPONSE
Sec. 301. Purposes and objectives.
Sec. 302. State voluntary response program.
Sec. 303. Site characterization program.
TITLE IV—LIABILITY AND ALLOCATION
Sec. 401. Response authorities.
Sec. 402. Compliance with administrative orders.
Sec. 403. Limitations to liability for response costs.
Sec. 404. Liability.
Sec. 405. Civil proceedings.
Sec. 406. Limitations on contribution actions.
Sec. 407. Scope of rulemaking authority.
Sec. 408. Enhancement of settlement authorities.
Sec. 409. Allocation procedures.
TITLE V—REMEDY SELECTION
Sec. 501. Purposes and objectives.
Sec. 502. Cleanup standards and levels.
Sec. 503. Remedy selection.
Sec. 504. Miscellaneous amendments to section 121.
Sec. 505. Response authorities.
Sec. 506. Removal actions.
Sec. 507. Transition.
TITLE VI—MISCELLANEOUS
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Sec. 601. Interagency agreements at mixed ownership and mixed responsibility
facilities.
Sec. 602. Transfers of uncontaminated property.
Sec. 603. Agreements to transfer by deed.
Sec. 604. Alternative or innovative treatment technologies.
Sec. 605. Definitions.
Sec. 606. Conforming amendment.
TITLE VII—FUNDING
Sec. 701. Authorizations of appropriations.
Sec. 702. Orphan share funding.
Sec. 703. Agency for Toxic Substances and Disease Registry.
Sec. 704. Limitations on research, development and demonstration programs.
Sec. 705. Authorization on appropriations from general revenues.
Sec. 706. Additional limitations.
TITLE VIII—INSURANCE
Sec. 801. Short title.
Sec. 802. Environmental Insurance Resolution Fund.
Sec. 803. Financial statements, audits, investigations, and inspections.
Sec. 804. Stay of pending litigation.
Sec. 805. Sunset provisions.
Sec. 806. Sovereign immunity of the United States.
Sec. 807. Effective date.
TITLE IX—TAX
Sec. 901. Amendments to the Internal Revenue Code of 1986.
Sec. 902. Environmental fees and assessments on insurance companies.
Sec. 903. Funding provisions for Environmental Insurance Resolution Fund.
Sec. 904. Resolution Fund not subject to tax.
TITLE I—COMMUNITY PARTICIPATION
AND HUMAN HEALTH
SEC. 101. PURPOSES AND OBJECTIVES.
The purposes and objectives of the community par-
ticipation activities required by this title are to—
(a) inform citizens and elected officials at all
levels of government of the existence and status of
facilities listed on the National Priority List and
contaminated sites identified on State Registries (as
established by section 207 of this Act);
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(b) provide citizens with information regarding
the Superfund identification and cleanup process
and maintain lists of technical, health and other rel-
evant experts licensed or located in the state who are
available to assist the community;
(c) ensure wide dissemination of and access to
information in a manner that is easily understood by
the community, considering any unique cultural
needs of the community, including presentation of
information orally and distribution of information in
languages other than English; and
(d) ensure that the President is aware of and
considers the views of affected communities.
SEC. 102. EARLY, DIRECT AND MEANINGFUL COMMUNITY
PARTICIPATION.
(a) Section 117(e)(1) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, referred to in this Act as ‘‘the Act’’ (42 U.S.C.
9617) is amended by amending the first sentence to read
as follows:
‘‘(1) AUTHORITY.—Subject to such amounts as
are provided in appropriations Acts and in accord-
ance with rules promulgated by the President, the
President may make grants or services available to
any group of individuals which may be affected by
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a release or threatened release of a hazardous sub-
stance or pollutant, or contaminant at or from a fa-
cility where there is significant response action
under this Act including, a site assessment, remedial
investigation/feasibility study, or other removal or
remedial action.’’.
(b) Section 117(e) of the Act is amended by striking
paragraph (2) and inserting the following:
‘‘(2) AMOUNT.—The amount of any grants or
services may not exceed $50,000 for a single recipi-
ent of grants or services. The President may waive
the $50,000 limitation in any case where such waiv-
er is necessary to carry out the purposes of this sub-
section. Each recipient of grants or services shall be
required, as a condition of the grants or services, to
contribute at least 20 percent of the total costs of
the technical assistance for which such grants and
services are made. The President may waive the 20
percent contribution requirement if the grants or
services recipient demonstrates financial need, and
such waiver is necessary to facilitate public partici-
pation in the selection of remedial action at the fa-
cility. Not more than one award or grants or serv-
ices may be made with respect to a single facility,
but the grants or services may be renewed to facili-
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tate public participation at all stages of remedial ac-
tion.’’.
(c) Section 117 of the Act (42 U.S.C. 9617) is
amended by adding after subsection (e) the following new
subsection:
‘‘(f) EARLY, DIRECT AND MEANINGFUL COMMUNITY
INVOLVEMENT.—The President shall provide for early, di-
rect and meaningful community involvement in each sig-
nificant phase of response activities taken under this Act.
The President shall provide the community with access to
information necessary to develop meaningful comments on
critical decisions regarding facility characterization, risks
posed by the facility, and selection of removal and reme-
dial actions. The President shall consider the views, pref-
erences and recommendations of the affected community
regarding all aspects of the response activities, including
the acceptability to the community of achieving back-
ground levels.
‘‘(g) INFORMATION TO BE DISSEMINATED.—In addi-
tion to other information the President considers appro-
priate, the President shall ensure that the community is
provided information on the following:
‘‘(1) The availability of a Technical Assistance
Grant (TAG) under subsection (e), directions on
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completing the TAG application, and the details of
the application process.
‘‘(2) The possibility (where relevant) that mem-
bers of a community may qualify to receive an alter-
native water supply or relocation assistance.
‘‘(3) The Superfund process, and rights of pri-
vate citizens and public interest or community
groups.
‘‘(4) The potential for or existence of a Commu-
nity Working Group (CWG) established under sub-
section (i) (as added by the Superfund Reform Act
of 1994).
‘‘(5) An objective description of the facility’s lo-
cation and characteristics, the contaminants present,
the known exposure pathways, and the steps being
taken to assess the risk presented by the facility.
‘‘(h) PROCESS
FOR INVOLVEMENT.—As early as
practicable after site discovery, the President shall provide
regular, direct, and meaningful community involvement in
all phases of the response activities at the facility, includ-
ing the following:
‘‘(1) SITE ASSESSMENT.—Whenever practicable,
during the site assessment, the President shall solicit
and evaluate the concerns and interests of the com-
munity likely affected by the facility. The evaluation
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may consist of face-to-face community surveys, a
minimum of one public meeting, written responses to
significant 
concerns, 
and 
other 
appropriate
participatory activities.
‘‘(2) REMEDIAL
INVESTIGATION/FEASIBILITY
STUDY.—During the remedial investigation and fea-
sibility study, the President shall solicit the views
and preferences of the community on the remedi-
ation and disposition of the hazardous substances,
pollutants or contaminants at the site. The commu-
nity’s views and preferences shall be described in the
remedial investigation and feasibility study and con-
sidered in the development of remedial alternatives
for the facility.’’.
SEC. 103. COMMUNITY WORKING GROUPS.
Section 117 of the Act (42 U.S.C. 9617) is amended
by adding after subsection (h) (as added by this Act) the
following new subsection:
‘‘(i) COMMUNITY WORKING GROUPS.—
‘‘(1) CREATION AND RESPONSIBILITIES.—The
President shall provide the opportunity to establish
a representative public forum, known as a Commu-
nity Working Group (CWG), to achieve direct, regu-
lar and meaningful consultation with community
members throughout all stages of a response action.
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The President shall consult with the CWG at each
significant phase of the remedial process.
‘‘(2) 
INFORMATION
CLEARINGHOUSE.—The
CWG shall serve as a facility information clearing-
house for the community. In addition to maintaining
records of facility status and lists of active citizen
groups and available experts, the CWG shall also be
a repository for health assessment information and
other related health data.
‘‘(3) LAND
USE
RECOMMENDATIONS.—To es-
tablish land use expectations more reliably, and ob-
tain greater community support for remedial deci-
sions affecting future land use, the President shall
consult with the CWG on a regular basis throughout
the remedy selection process regarding reasonably
anticipated future use of land at the facility. The
CWG may offer recommendations to the President
at any time during the response activities at the fa-
cility on the reasonably anticipated future use of
land at the facility, taking into account development
possibilities and future waste management needs.
The President shall not be bound by any rec-
ommendation of the CWG. However, when the CWG
achieves substantial agreement on the reasonably
anticipated future use of the land at the facility, the
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President shall give substantial weight to that rec-
ommendation. In cases where there is substantive
disagreement within the CWG over a recommenda-
tion regarding the reasonably anticipated future use
of land at the facility, the President shall seek to
reconcile the differences. In the event of continued
substantive disagreement, substantial weight shall be
given to the views of the residents of the affected
community. Should the President make a determina-
tion that is inconsistent with a CWG recommenda-
tion on the reasonably anticipated future use of land
at the facility, the President shall issue a written
reason for the inconsistency.
‘‘(4) MEMBERS.—CWG membership shall not
exceed twenty persons. CWG members shall serve
without pay. Nominations for CWG membership
shall be solicited and accepted by the President. Se-
lection of CWG members shall be made by the Presi-
dent. In selecting citizen participants for the CWG,
the President shall provide notice and an oppor-
tunity to participate in CWG’s to persons who po-
tentially are affected by facility contamination in the
community. Special efforts shall be made to ensure
that the composition of CWG’s reflects a balanced
representation of all those interested in facility re-
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mediation. In general, it shall be appropriate for the
President to offer members of the following groups
representation on a CWG:
‘‘(A) Residents and/or landowners who live
on or have property immediately adjacent to or
near the facility, or who may be directly af-
fected by releases from the facility, with a mini-
mum of one representative of the recipient a
grant for technical assistance, if any, awarded
under subsection (e).
‘‘(B) Persons who, although not physically
as close to the facility as those in the group
identified in subparagraph (A), may be poten-
tially affected by releases from the facility.
‘‘(C) Members of the local medical commu-
nity who have resided in the community for at
least five years.
‘‘(D) Representatives of Indian tribes.
‘‘(E) Representatives of citizen, environ-
mental or public interest groups with members
residing in the community.
‘‘(F) Local government officials.
‘‘(G) Workers at the facility who will be in-
volved in actual cleanup operations.
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‘‘(H) Persons at the facility during re-
sponse actions.
‘‘(I) Facility owners and the significant
PRP’s who, whenever practicable, represent a
balance of interests.
‘‘(J) Members of the local business com-
munity.
‘‘(5) OTHER
COMMUNITY
VIEWS.—The exist-
ence of a CWG shall not affect or diminish any
other obligation of the President to consider the
views of any person in selecting response actions
under this Act.’’.
SEC. 104. CITIZEN INFORMATION AND ACCESS OFFICES.
Section 117 of the Act (42 U.S.C. 9617) is amended
by adding after subsection (i) (as added by this Act) the
following new subsection:
‘‘(j) CITIZEN INFORMATION AND ACCESS OFFICES.—
‘‘(1) CREATION AND RESPONSIBILITIES.—The
Administrator shall ensure that an independent Citi-
zen Information and Access Office (CIAO) is estab-
lished in each State and on each tribal land affected
by a National Priorities List facility.
‘‘(2) PRIMARY FUNCTIONS.—The primary func-
tions of each CIAO shall be to—
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‘‘(A) inform citizens and elected officials at
all levels of government of the existence and
status of National Priorities List facilities in
the State;
‘‘(B) provide citizens with information
about each phase of the Superfund process, in-
cluding the site identification, assessment and
cleanup phases;
‘‘(C) ensure wide distribution of informa-
tion that is easily understood by citizens;
‘‘(D) serve as a statewide, or tribal land-
wide clearinghouse of information; and
‘‘(E) assist in the Administrator’s efforts
to notify, nominate, and select potential Com-
munity Working Group members.’’.
SEC. 105. RESPONSE TO COMMENTS.
Section 117(a) (42 U.S.C. 9617(a)) of the Act is
amended by striking ‘‘both of’’ from the phrase imme-
diately preceding paragraph (1) and by inserting after
paragraph (2) the following new paragraph:
‘‘(3) Consider the recommendations of any
Community Working Group, community members
and Technical Assistance Grant recipients estab-
lished for the facility pursuant to this section. Pro-
vide, in writing a response to each significant com-
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ment received during the public comment period.
The written response shall include an explanation of
how the lead agency has used or rejected significant
comments of the Community Working Group in its
final decision.’’.
SEC. 106. MULTIPLE SOURCES OF RISK DEMONSTRATION
PROJECTS.
Section 117 of the Act (42 U.S.C. 9617) is amended
by adding after subsection (j) (as added by this Act) the
following new subsection:
‘‘(k) MULTIPLE SOURCES OF RISK DEMONSTRATION
PROJECTS.—
‘‘(1) IN GENERAL.—The Administrator shall se-
lect at least 10 demonstration projects to be imple-
mented over a five-year period, relating to the identi-
fication, assessment, management of, and response
to, multiple sources of risk in and around designated
facilities. These demonstration projects will examine
various approaches to protect communities exposed
to such multiple sources of risk. The Administrator
shall promulgate regulations that set forth the cri-
teria by which demonstration projects will be se-
lected.
‘‘(2) ADDITIONAL HEALTH BENEFITS.—In the
course of conducting these demonstration projects, if
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a distinct pattern of adverse health effects is identi-
fied in the surrounding community, the Adminis-
trator shall consider the provision of additional
health benefits to the affected community, in an ef-
fort to improve community health and welfare. Addi-
tional benefits may include services such as consulta-
tions on health information and health screening,
the kind and availability of which will be set forth
in regulations promulgated by the Administrator.
These benefits shall not duplicate any activities al-
ready undertaken at those facilities by the Agency
for Toxic Substances and Disease Registry under
section 104(i) of this Act.
‘‘(3) MULTIPLE
SOURCES
OF
RISK.—For the
purposes of this section, the term ‘multiple sources
of risk’ means—
‘‘(A) health risks from the existence of and
exposure to hazardous substances in the vicinity
of a facility for which a response action under
this Act is considered, which may present risks
to persons who are also at risk due to condi-
tions at such a facility; or
‘‘(B) health risks from releases or threat-
ened releases of a hazardous substance, pollut-
ant or contaminant from facilities, permitted or
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otherwise, in the vicinity of a facility for which
a response action under this Act is being con-
sidered, which may present risks to persons who
are also at risk due to the specific facility for
which a response action is being considered.
‘‘(4) CONSISTENCY
WITH
DESIGNATION
OF
EMPOWERMENT
ZONES.—The Administrator shall,
to the maximum extent practicable, select locations
for conducting demonstration projects under this
subsection that coincide with areas which have been
identified as empowerment zones under the Omnibus
Budget Reconciliation Act of 1994 (Public Law
103–66).
‘‘(5) RIGHT TO PETITION.—Any person may pe-
tition the Administrator to conduct a demonstration
project under this subsection at a specified location.
Without regard to paragraph (4), the Administrator
may grant such a petition if—
‘‘(A) the petition sets out a reasonable
basis in fact that the population residing in the
vicinity of the specified location may be exposed
to multiple sources of risk as described in para-
graph (3); and
‘‘(B) the petition otherwise meets the re-
quirements of regulations promulgated by the
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Administrator which set forth the criteria by
which demonstration projects will be selected.
‘‘(6) 
REVIEWS
OF
PETITIONS.—The
Admninistrator’s determination and reviews of peti-
tions under this subsection are committed to the Ad-
ministrator’s unreviewable discretion.
‘‘(7) INTERAGENCY COORDINATION.—The Ad-
ministrator shall coordinate with other departments
or agencies as necessary in carrying out the respon-
sibilities of this subsection.’’.
SEC. 107. ASSESSING RISKS FROM MULTIPLE SOURCES.
Section 105(a) of the Act (42 U.S.C. 9605(a)) is
amended by adding after paragraph (10) the following
new paragraph:
‘‘(11) standards and procedures for assessing
the risks, and the cumulative impact of such risks,
posed by the release or threatened release of hazard-
ous substances, or pollutants, or contaminants from
multiple sources of risk (as described in section
117(l)(3) of this Act) in and around a facility, for
utilization in response actions authorized by this
Act. The demonstration projects authorized under
subsection 117(l) of this Act shall be used to help
meet the requirements of this subsection.’’.
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SEC. 108. MULTIPLE SOURCES OF RISK IN PRIORITY SET-
TING.
Section 105(a)(8)(A) of the Act (42 U.S.C.
9605(a)(8)(A)) is amended by adding in the last sentence
before ‘‘and other appropriate factors’’ the following: ‘‘the
presence of multiple sources of risk (described in section
117(l)(3) of this Act) to affected communities,’’.
SEC. 109. DISEASE REGISTRY AND MEDICAL CARE PROVID-
ERS.
Section 104(i)(1) of the Act (42 U.S.C. 9604(i)(1))
is amended—
(a) 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;’’; and
(b) by amending subparagraph (E) by striking
‘‘admissions to hospitals and other facilities and
services operated or provided by the Public Health
Service’’ and by inserting ‘‘referral to accredited
medical care providers’’.
SEC. 110. SUBSTANCE PROFILES.
Section 104(i)(3) of the Act (42 U.S.C. 9604(i)(3))
is amended by amending the paragraph beginning ‘‘Any
toxicological profile or revision thereof’’ to read as follows:
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‘‘Any toxicological profile or revision thereof shall reflect
the Administrator of ATSDR’s assessment of all relevant
toxicological testing which has been peer reviewed. The
profiles prepared under this paragraph shall be for those
substances highest on the list of priorities under para-
graph (2) for which profiles have not previously been pre-
pared or for substances not on the listing but which have
been found at non-National Priorities List facilities and
which have been determined by ATSDR to be of critical
health concern. Profiles required under this paragraph
shall be revised and republished as necessary, based on
scientific need. Such profiles shall be provided to the
States and made available to other interested parties.’’.
SEC. 111. DETERMINING HEALTH EFFECTS.
Section 104(i)(5) of the Act (42 U.S.C. 9604(i)(5))
is amended—
(a) in subparagraph (A) by—
(1) striking ‘‘designed to determine the
health effects (and techniques for development
of methods to determine such health effects) of
such substance’’ and inserting—‘‘conducted di-
rectly or by means such as cooperative agree-
ments and grants with appropriate public and
nonprofit institutions. The research shall be de-
signed to determine the health effects (and
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techniques for development of methods to deter-
mine such health effects) of the substance’’;
and
(2) redesignating clause (iv) as ‘‘(v)’’,
striking ‘‘and’’ after clause (iii), and by insert-
ing a new clause (iv) to read as follows:
‘‘(iv) laboratory and other studies
which can lead to the development of inno-
vative techniques for predicting organ-spe-
cific, 
site-specific, 
and 
system-specific
acute and chronic toxicity; and’’; and
(b) striking subparagraph (D).
SEC. 112. PUBLIC HEALTH AND RELATED HEALTH ACTIVI-
TIES AT NPL FACILITIES.
Section 104(i)(6) of the Act (42 U.S.C. 9604(i)(6))
is amended by—
(a) amending subparagraph (A) to read as fol-
lows:
‘‘(A) The Administrator of ATSDR shall perform a
public health assessment or related health activity for each
facility on the National Priorities List established under
section 105 of this Act. The public health assessment or
related health activity shall be completed for each facility
proposed for inclusion on the National Priorities List not
later than one year after the date of proposal for inclusion,
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including those facilities owned by any department, agen-
cy, or instrumentality of the United States.’’; and
(b) in subparagraph (H), striking ‘‘health as-
sessment’’ and ‘‘such assessment’’ each place that
they appear and inserting ‘‘public health assessment
or related health activity’’.
SEC. 113. HEALTH STUDIES.
Section 104(i)(7)(A) of the Act (42 U.S.C.
9604(i)(7)(A)) 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 ap-
propriate 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 deter-
mine the desirability of conducting full scale epidemiologic
or other health studies of the entire exposed population.’’.
SEC. 114. DISTRIBUTION OF MATERIALS TO HEALTH PRO-
FESSIONALS AND MEDICAL CENTERS.
Section 104(i)(14) of the Act (42 U.S.C. 9604(i)(14))
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—
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‘‘(A) assemble, develop as necessary, and dis-
tribute to the States, medical colleges, physicians,
nursing institutions, nurses, and other health profes-
sionals 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 paragraph (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.’’.
SEC. 115. GRANT AWARDS/CONTRACTS/COMMUNITY ASSIST-
ANCE ACTIVITIES.
Section 
104(i)(15) 
of 
the 
Act 
(42 
U.S.C.
6904)(i)(15)) is amended by—
(a) inserting ‘‘(A)’’ before ‘‘The activities’’;
(b) striking ‘‘cooperative agreements with
States (or political subdivisions thereof)’’ and insert-
ing ‘‘grants, cooperative agreements, or contracts
with States (or political subdivisions thereof), other
appropriate public authorities, public or private in-
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stitutions, colleges, and universities, and professional
associations,’’;
(c) in the second sentence, inserting ‘‘public’’
before ‘‘health assessments’’; and
(d) adding a new subparagraph as follows:
‘‘(B) When a public health assessment or related
health activity is conducted at a facility on, or a release
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
who may be affected by the release or threatened release
of hazardous substances in the environment.’’.
SEC. 116. PUBLIC HEALTH RECOMMENDATIONS IN REME-
DIAL ACTIONS.
Section 121(c) of the Act (42 U.S.C. 9621(c)) is
amended by inserting after the phrase ‘‘remedial action’’
the second time it appears the following: ‘‘, including pub-
lic health recommendations and decisions resulting from
activities under section 104(i),’’.
SEC. 117. ATSDR NOTIFICATION.
Section 122 of the Act (42 U.S.C. 9622) is amended
by inserting after subsection (m) the following new sub-
section:
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‘‘(n) NOTIFICATION OF ATSDR.—When the Agency
for Toxic Substances and Disease Registry (ATSDR) has
conducted health related response activities pursuant to
section 104(i) in response to a release or threatened re-
lease of any hazardous substance that is the subject of
negotiations under this section, the President shall notify
ATSDR of the negotiations and shall encourage the par-
ticipation of ATSDR in the negotiations.’’.
TITLE II—STATE ROLES
SEC. 201. STATE AUTHORITY.
(a) Title I of the Act (42 U.S.C. 9600 et seq.) is
amended by adding after section 126 the following new
section:
‘‘§ 127. State authority
‘‘(a) STATE PROGRAM AUTHORIZATION.—
‘‘(1) IN GENERAL.—At any time after the pro-
mulgation of the criteria required by paragraph (3)
of this subsection, a State may apply to the Admin-
istrator to carry out, under its own legal authorities,
response actions and enforcement activities at all fa-
cilities listed or proposed for listing on the National
Priorities List, or certain categories of facilities list-
ed or proposed for listing on the National Priorities
List, within the State. This section shall not apply
to any facility owned or operated by a department,
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agency, or instrumentality of the United States list-
ed on the National Priorities List if, on the date of
enactment of the Superfund Reform Act of 1994, an
interagency agreement for such facility has been en-
tered into pursuant to section 120(a)(2).
‘‘(2) REQUIREMENTS FOR AUTHORIZATION.—If
the Administrator determines that the State pos-
sesses the legal authority, technical capability, and
resources necessary to conduct response actions and
enforcement activities in a manner that is substan-
tially consistent with this Act and the National Con-
tingency Plan at the facilities listed or proposed for
listing on the National Priorities List for which it
seeks authorization, the Administrator, pursuant to
a contract or agreement entered into between the
Administrator and the State, may authorize the
State to assume the responsibilities established
under this Act at all such facilities or categories of
facilities. Except as otherwise provided in this Act,
such responsibilities include, but are not limited to,
responding to a release or threatened release of a
hazardous substance or pollutant or contaminant;
selecting response actions; expending the Fund in
amounts authorized by the Administrator to finance
response activities; and taking enforcement actions,
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‘‘(D) that it provides for notification of
and coordination with trustees in a manner that
is 
substantially 
consistent 
with 
section
104(b)(2) and section 122(j)(1) of this Act.
‘‘(b) REFERRAL OF RESPONSIBILITIES.—
‘‘(1) IN GENERAL.—At any time after the pro-
mulgation of the criteria required by paragraph (3)
of this subsection, a State may apply to the Admin-
istrator to carry out, under its own legal authorities,
response actions at a specific facility or facilities list-
ed or proposed for listing on the National Priorities
List, within the State.
‘‘(2) REQUIREMENTS FOR REFERRAL.—If the
Administrator determines that the State possesses
the legal authority, technical capability, and re-
sources necessary to conduct response actions and
enforcement activities in a manner substantially con-
sistent with this Act and the National Contingency
Plan at the facilities listed or proposed for listing on
the National Priorities List facilities for which it
seeks referral, the Administrator, pursuant to a con-
tract or agreement entered into between the Admin-
istrator and the State, may refer the responsibilities
established under this Act to the State for the facili-
ties for which the State seeks referral. Except as
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otherwise provided in this Act, such responsibilities
include, but are not limited to, responding to a re-
lease or threatened release of a hazardous substance
or pollutant or contaminant; selecting response ac-
tions; expending the Fund in amounts authorized by
the Administrator to finance response activities; and
taking enforcement actions, including cost recovery
actions to recover Fund expenditures made by the
State.
‘‘(3) PROMULGATION
OF
REGULATIONS.—The
Administrator shall promulgate regulations to deter-
mine a State’s eligibility for referral and establish a
process and criteria for withdrawal of such referral.
At a minimum, a State must demonstrate that it
meets the requirements described in subsection
(a)(3).
‘‘(c) AUTHORIZED USE OF FUND.—At facilities listed
on the National Priorities List for which a State is author-
ized under subsection (a), and at facilities listed on the
National Priorities List which are referred to a State
under subsection (b), the State shall be eligible for re-
sponse action financing from the Fund. The Administrator
shall ensure that all allocations of the Fund to the States
for the purpose of undertaking site-specific response ac-
tions are based primarily on the relative risks to human
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health and the environment posed by the facilities eligible
for funding. The amount of Fund financing for a State-
selected response action at a facility listed on the National
Priorities List shall—
‘‘(1) take into account the number and financial
viability of parties identified as potentially liable for
response costs at such facility, and
‘‘(2) be limited to the amount necessary to
achieve a level of response that is not more stringent
than that required under this Act.
A State also may obtain Fund financing to develop and
enhance its capacity to undertake response actions and en-
forcement activities. The Administrator shall establish
specific criteria for allocating expenditures from the Fund
among States for the purposes of undertaking response
actions and enforcement activities at referred and State-
authorized facilities, and building State capacities to un-
dertake such response actions and enforcement activities.
The Administrator shall develop a program and provide
an appropriate level of Fund financing to assist Indian
tribes in developing and enhancing their capabilities to
conduct response actions and enforcement activities.
‘‘(d) STATE COST SHARE.—As provided in section
104(c)(3)(B) of this Act (as added by the Superfund Re-
form Act of 1994), a State shall pay or assure payment
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of 15 percent of the costs of all response actions and pro-
gram support or other costs for which the State receives
funds from the Fund under this section. An Indian tribe
authorized to conduct response actions and enforcement
activities or to which facilities have been referred under
this section is not subject to the cost-share requirement
of this subsection.
‘‘(e) TERMS AND CONDITIONS; COST RECOVERY.—
A contract or agreement for a State authorization or refer-
ral under this section is subject to such terms and condi-
tions as the Administrator prescribes. The terms and con-
ditions shall include requirements for periodic auditing
and reporting of State expenditures from the Fund. The
contract or agreement may cover a specific facility, a cat-
egory of facilities, or all facilities listed or proposed to be
listed on the National Priorities List in the State. The
contract or agreement shall require the State to seek cost
recovery, as contemplated by this Act, of all expenditures
from the Fund. Five percent of the moneys recovered by
the State may be retained by the State for use in its haz-
ardous substance response program, and the remainder
shall be returned to the Fund. Before making further allo-
cations from the Fund to any State, the Administrator
shall take into consideration the effectiveness of the
State’s enforcement program and cost recovery efforts.
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‘‘(f) ENFORCEMENT OF AGREEMENTS.—If the Ad-
ministrator enters into a contract or agreement with a
State pursuant to this section, and the State fails to com-
ply with any terms and conditions of the contract or agree-
ment, the Administrator, after providing sixty days notice,
may withdraw the State authorization or referral, or seek
in the appropriate Federal district court to enforce the
contract or agreement to recover any funds advanced or
any costs incurred because of the breach of the contract
or agreement by the State.
‘‘(g) MORE STRINGENT STATE STANDARDS.—Under
either an authorization or referral, a State may select a
response action that achieves a level of cleanup that is
more stringent than required under section 121(d) of this
Act if the State agrees to pay for the incremental increase
in response cost attributable to achieving the more strin-
gent cleanup level. Neither the Fund nor any party liable
for response costs shall incur costs in excess of those nec-
essary to achieve a level of cleanup required under section
121(d) of this Act.
‘‘(h) OPPORTUNITY
FOR PUBLIC COMMENT.—The
Administrator shall make available, for public review and
comment, applications for authorization under subsection
(a) and applications for referral under subsection (b). The
Administrator shall not approve or withdraw authorization
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or referral from a State unless the Administrator notifies
the State, and makes public, in writing, the reasons for
such approval or withdrawal.
‘‘(i) PERIODIC REVIEW OF AUTHORIZED STATE PRO-
GRAMS AND REFERRALS.—The Administrator shall con-
duct a periodic review of authorized State programs and
referrals to determine, among other things, whether—
‘‘(1) the response actions were selected and con-
ducted in a manner that was substantially consistent
with this Act, the National Contingency Plan, and
the contract or agreement between the Adminis-
trator and the State;
‘‘(2) the State response costs financed by Fund
expenditures were incurred in the manner agreed to
by the State, in accordance with the contract or
agreement between the Administrator and the State;
and
‘‘(3) the State’s cost recovery efforts and other
enforcement efforts were conducted in accordance
with the contract or agreement between the Admin-
istrator and the State.
The Administrator, in consultation with the States, shall
develop specific criteria for periodic reviews of authorized
State programs and referrals. The Administrator shall es-
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tablish a mechanism to make the periodic State reviews
available to the public.
‘‘(j) MODIFICATION OF RESPONSE.—At a facility for
which a State selects a response action under an author-
ization or a referral, the State shall afford the opportunity
for public participation in a manner that is substantially
consistent with the requirements of section 117(f)–(i) of
this Act, and shall give notice of and a copy of the pro-
posed plan for response action to the Administrator. The
State also shall give prompt written notice and a copy of
the final decision in selecting the response action to the
Administrator. Within 90 days from the date of receipt
of such notice and final response action decision from the
State, the Administrator may issue a notice of a request
to modify the State-selected remedy. The Administrator’s
notice shall be in writing and shall set forth the basis for
the Administrator’s position, and the final date for re-
sponding to the Administrator’s request, which shall be
no less than 90 days from the date of the notice. If the
State’s response does not resolve the Administrator’s con-
cerns to the Administrator’s satisfaction, the Adminis-
trator may withhold the distribution of Fund monies for
the selected response action or may withdraw all or part
of the State’s authorization or referral.
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‘‘(k) EFFECT OF SECTION.—The President shall re-
tain the authority to take response actions at facilities list-
ed or proposed for listing on the National Priorities List
that are not being addressed by a State under an author-
ization or referral pursuant to this section. At facilities
listed or proposed for listing on the National Priorities
List that are being addressed by a State under either an
authorization or a referral, the President may take re-
sponse actions that the President determines necessary to
protect human health or the environment, if the State
fails, after a request by the Administrator to take such
response actions in a timely manner. A State does not
have the authority, except pursuant to this section, to take
or order a response action, or any other action relating
to releases or threatened releases, at any facility listed or
proposed for listing on the National Priorities List. This
section does not affect the authority of the United States
under this Act to seek cost recovery for costs incurred by
the United States.’’.
(b) TRANSITION AND CONFORMING AMENDMENTS.—
(1) Sections 104(c)(5), 104(c)(7), 104(d)(1),
and 104(d)(2) of the Act are each amended by in-
serting after the heading in each paragraph the fol-
lowing—‘‘This paragraph applies only to response
actions for which a Record of Decision or other deci-
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sion document is signed before the date of enact-
ment of the Superfund Reform Act of 1994 and re-
sponse actions covered by a contract or agreement
for which a State has selected, pursuant to the op-
tion provided in subsection (c)(3)(C) (as added by
the Superfund Reform Act of 1994), the funding re-
quirements set forth in subsection (c)(3)(A) (as
amended by Superfund Reform Act of 1994).’’;
(2) Section 114(a) of the Act is amended by
striking ‘‘Nothing’’ and inserting—‘‘Except as other-
wise provided in this Act, nothing’’;
(3) Section 121(f)(1) of the Act is amended by
striking the existing provisions and inserting—‘‘The
President may repeal, no earlier than one year after
the promulgation of final regulations under sections
127(a)(3) and 127(b)(3), the regulations issued
under this paragraph prior to the date of enactment
of the Superfund Reform Act of 1994.’’;
(4) Section 121(f)(2) of the Act is amended
by—
(A) striking ‘‘legally applicable or relevant
and appropriate’’ from the second sentence of
subparagraph (A); and
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(B) striking ‘‘subsection (d)(4)’’ from the
second sentence of subparagraph (A) and in-
serting ‘‘subsection (d)(5)(C)’’;
(5) Section 121(f)(3) of the Act is amended
by—
(A) striking ‘‘legally applicable or relevant
and appropriate’’ from the second sentence of
subparagraph (A); and
(B) striking ‘‘subsection (d)(4)’’ from the
second sentence of subparagraph (A) and in-
serting ‘‘subsection (d)(5)(C)’’.
(6) Section 302(d) of the Act is amended by
striking ‘‘Nothing’’ and inserting—‘‘Except as other-
wise provided in this Act, nothing’’.
SEC. 202. TRANSFER OF AUTHORITIES.
Section 120(g) of the Act (42 U.S.C. 9620(g)) is
amended by adding, after ‘‘the Environmental Protection
Agency,’’ the phrase ‘‘and except as provided in section
127,’’.
SEC. 203. STATE ROLE IN DETERMINATION OF REMEDIAL
ACTION TAKEN.
Section 120(h)(3) of the Act (42 U.S.C. 9620(h)(3))
is amended by adding at the end thereof the following:
‘‘If the property being transferred is part of a facility sub-
ject to a State authorization or a referral under section
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127, all demonstrations required by this paragraph to be
made to the Administrator shall be made to the appro-
priate State official.’’.
SEC. 204. STATE ASSURANCES.
Section 104(c)(3) of the Act (42 U.S.C. 9604(c)(3))
is amended by—
(a) in the beginning of the paragraph after
‘‘(3)’’ inserting ‘‘State cost shares for response ac-
tions and programs for which Superfund funds may
be allocated under this section or section 127 shall
be as follows—’’;
(b) striking ‘‘The’’ before ‘‘President’’ and in-
serting ‘‘(A) For all remedial actions for which a
Record of Decision is signed before the date of en-
actment of the Superfund Reform Act of 1994, the’’;
(c) redesignating subparagraphs (A), (B) and
(C) of existing section 104(c)(3) as subparagraphs
(1), (2) and (3) respectively; by striking ‘‘(i)’’, wher-
ever it appears and inserting ‘‘(I)’’; and striking
‘‘(ii)’’ wherever it appears and inserting ‘‘(II)’’;
(d) adding a new subparagraph (B) as follows:
‘‘(B) Subject to the provisions of subparagraph (C),
for the costs of all response actions for which a Record
of Decision or other decision document is signed after the
date that is one year after the effective date of final regu-
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lations promulgated under section 127(a)(3) and section
127(b)(3), and for all program or other costs for which
Fund money may be allocated to the State pursuant to
this section or section 127, the President shall not provide
or authorize funding from the Fund unless the State first
enters into a contract or agreement with the President
providing assurances deemed adequate by the President
that the State will pay or assure payment of 15 percent
of all such costs as required by section 127(d). The Ad-
ministrator may provide funding authorized under this
paragraph for a one-year or other period for all costs and
facilities in a State; in that event, the State cost share
requirement set forth above shall apply to all costs covered
by such period.’’; and
(e) adding a new subparagraph (C) as follows:
‘‘(C) Each State shall have the option of receiving
funding for all response action costs and program or other
costs for which funding is authorized under this section
or section 127 pursuant to either subparagraph (A) or
subparagraph (B) of this paragraph. The option selected
by the State shall apply to all contracts and agreements
signed pursuant to this section or section 127.’’.
SEC. 205. SITING.
Section 104(c)(9) of the Act (42 U.S.C. 9604(c)(9))
is amended to read as follows:
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‘‘(9) SITING.—Effective one year after the date of en-
actment of the Superfund Reform Act of 1994, the Presi-
dent shall not provide any remedial actions pursuant to
this section unless the State in which the release occurs
submits a report describing its plans for adequate disposal
capacity for hazardous wastes, in accordance with guide-
lines issued by the Administrator.’’.
SEC. 206. THE NATIONAL PRIORITIES LIST.
(a) Section 105(a)(8)(B) of the Act (42 U.S.C.
9605(a)(8)(B)) is amended by striking ‘‘as part of the
plan’’, and by inserting before ‘‘Within’’ the sentence
‘‘The National Priorities List, and any modifications to
the National Priorities List, may be adopted administra-
tively, and without rulemaking.’’.
(b) Section 105(a)(8) of the Act (42 U.S.C.
9605(a)(8)) is amended by adding after subparagraph (B)
the following new subparagraph—
‘‘(C) before determining that a facility is to be
listed on the National Priorities List, the Adminis-
trator shall publish a notice proposing the facility
for listing on the National Priorities List and shall
provide an opportunity for public document. Public
notice and opportunity for comment also shall be
provided before a decision by the Administrator to
remove a facility from the National Priorities List.
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The Administrator shall establish a procedure under
which any person may request that a facility be con-
sidered for listing on, or removal from, the National
Priorities List. The Administrator has the sole dis-
cretion to list or remove a facility on the National
Priorities List.’’.
SEC. 207. THE STATE REGISTRY.
Section 105(a)(8) of the Act (42 U.S.C. 9605(a)(8))
is amended by adding after subparagraph (C) (as added
by this Act) a new subparagraph—
(D) STATE REGISTRY.—Each State shall main-
tain and make available to the public a list of facili-
ties in the State that are believed to present a cur-
rent or potential hazard to human health or the en-
vironment due to the release or threatened release of
hazardous substances or pollutants or contaminants.
Each State, in consultation with the Administrator
and other appropriate federal agencies, shall prepare
such listing, and shall, on an annual basis, publish
the State Registry, specifying the governmental
agency addressing the facility, and whether the facil-
ity is on the National Priorities List.’’.
TITLE III—VOLUNTARY RESPONSE
SEC. 301. PURPOSES AND OBJECTIVES.
The purposes and objectives of this title are to—
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(a) significantly increase the pace of response
activities at contaminated sites by promoting and
encouraging the development and expansion of State
voluntary response programs, and
(b) benefit the public welfare by returning con-
taminated sites to economically productive uses.
SEC. 302. STATE VOLUNTARY RESPONSE PROGRAM.
Title I of the Act is amended by adding after section
127 (as added by this Act) the following new section—
‘‘§ 128. Voluntary response program
‘‘(a) IN GENERAL.—The Administrator shall estab-
lish a program to provide technical and other assistance
to the States to establish and expand voluntary response
programs.
‘‘(b) VOLUNTARY RESPONSE PROGRAM.—The Ad-
ministrator shall assist States to establish and administer
a voluntary program that—
‘‘(1) covers all eligible facilities, as defined in
subsection (c) of this section, within the State;
‘‘(2) provides adequate opportunities for public
participation, including prior notice and opportunity
for comment, in selecting response actions;
‘‘(3) provides opportunities for technical assist-
ance for voluntary response actions;
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‘‘(4) has the capability, through enforcement or
other mechanisms, of assuming the responsibility for
completing a response action if the current owner or
prospective purchaser fails or refuses to complete the
necessary response, including operation and mainte-
nance; and
‘‘(5) provides adequate oversight and has ade-
quate enforcement authorities to ensure that vol-
untary response actions are completed in accordance
with applicable Federal and State laws, including
applicable permit requirements and any on-going op-
eration and maintenance or long-term monitoring
activities.
‘‘(c) ELIGIBLE FACILITIES.—
‘‘(1) Except as provided in paragraph 2 of this
subsection, the term ‘eligible facility’ means a facil-
ity or portion of a facility where there has been a
release or threat of release of a hazardous sub-
stance, pollutant, or contaminant into the environ-
ment.
‘‘(2) The term ‘eligible facility’ does not include
any of the following—
‘‘(A) a facility at which a remedial inves-
tigation and feasibility study is underway, un-
less the Administrator, in consultation with the
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State, determines that it is appropriate to allow
the response action at such a facility to proceed
under a voluntary response program;
‘‘(B) a facility with respect to which a
Record of Decision has been issued under sec-
tion 104 of this Act;
‘‘(C) a facility with respect to which a cor-
rective action permit condition or order has
been proposed, issued, modified, or amended to
require implementation of specific corrective
measures under section 3004(u), 3004(v), or
3008(h) of the Solid Waste Disposal Act (42
U.S.C. 6924(u), 6924(v), or 6928(h));
‘‘(D) a land disposal unit with respect to
which a closure notification under subtitle C of
the Solid Waste Disposal Act (42 U.S.C. 6921
et seq.) has been submitted;
‘‘(E) a facility with respect to which an ad-
ministrative or judicial order or decree concern-
ing the response action has been issued, sought,
or entered into by the United States under this
Act, the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.),
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the Toxic Substances Control Act (15 U.S.C.
2601 et seq.) or title XIV of the Public Health
Service Act, commonly known as the Safe
Drinking Water Act (42 U.S.C. 300(f) et seq.);
and
‘‘(F) a facility at which assistance for re-
sponse activities may be obtained under subtitle
I of the Solid Waste Disposal Act (42 U.S.C.
6991 et seq.) from the Leaking Underground
Storage Tank Trust Fund established under
section 9508 of the Internal Revenue Code of
1986.
‘‘(3) A facility listed or proposed for listing on
the National Priorities List may be an ‘eligible facil-
ity’ if—
‘‘(A) the facility is not a facility identified
in paragraph (2);
‘‘(B) the State in which the facility is lo-
cated has obtained a State authorization or re-
ferral under section 127 of this Act; and
‘‘(C) the Administrator concurs in the
State’s determination to address the facility
under its voluntary response program.
‘‘(d) ANNUAL REPORTING.—The Administrator shall
report, not later than 1 year after enactment of this Act
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and annually thereafter, to the Congress on the status of
State voluntary response programs including—
‘‘(1) whether the State’s voluntary response
program continues to meet the criteria set forth in
subsection (b) or (c);
‘‘(2) whether the State has adopted procedures
to ensure that all response actions completed or un-
dertaken under the State’s voluntary response pro-
gram comply with all applicable Federal and State
laws;
‘‘(3) whether public participation opportunities
have been adequate during the process of selecting
a response action for each voluntary response;
‘‘(4) whether voluntary response actions com-
pleted or undertaken under the State voluntary re-
sponse program have been implemented in a manner
that has reduced or eliminated risks to human
health and the environment to the satisfaction of the
State;
‘‘(5) whether voluntary response actions com-
pleted or undertaken under the State voluntary re-
sponse program at facilities listed or proposed for
listing on the National Priorities List were con-
ducted in accordance with section 121(d) of this Act;
and
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‘‘(6) whether a voluntary response action has
increased risk to human health or the environment,
and whether a State has taken timely and appro-
priate steps to reduce or eliminate that risk to
human health or the environment.
‘‘(i) STATUTORY CONSTRUCTION.—This section is
not intended—
‘‘(1) to impose any requirement on a State vol-
untary response program existing on or after the
date of enactment of this Act; or
‘‘(2) to affect the liability of any person or re-
sponse authorities afforded under any law (including
any regulation) relating to environmental contamina-
tion, including this Act (except as expressly provided
in section 101(39)(D) (42 U.S.C. 9601(39)(D)), sec-
tion 107(a)(5)(C) (42 U.S.C. 9607(a)(5)(C)), the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Toxic Substances Control Act (15
U.S.C. 2601 et seq.), or title XIV of the Public
Health Service Act, commonly known as the ‘‘Safe
Drinking Water Act’’ (42 U.S.C. 300(f) et seq.).’’.
SEC. 303. SITE CHARACTERIZATION PROGRAM.
Title I of the Act is amended by adding after section
128 (as added by this Act) the following new section:
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‘‘§ 129. Site characterization technical assistance pro-
gram
‘‘(a) IN GENERAL.—The Administrator shall estab-
lish a program to provide technical and other assistance
to municipalities to conduct site characterizations for fa-
cilities at which voluntary response actions are being con-
ducted or are proposed to be conducted pursuant to a
State voluntary response program that meets the require-
ments described in section 127.
‘‘(b) TECHNICAL ASSISTANCE.—In carrying out the
program established under subsection (a), the Adminis-
trator may provide technical and other assistance to a mu-
nicipality to conduct a site characterization of a facility
within the jurisdiction of the municipality at which vol-
untary response actions are being conducted or are pro-
posed to be conducted. A municipality requesting technical
and other assistance shall provide to the Administrator the
following information—
‘‘(1) describing the facility at which voluntary
response actions are being conducted or are pro-
posed to be conducted;
‘‘(2) demonstrating the financial need of the
owner or prospective purchaser of such a facility for
funds to conduct a site characterization;
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‘‘(3) analyzing the potential of the facility for
creating new businesses and employment opportuni-
ties on completion of the response action;
‘‘(4) estimating the fair market value of the site
after the proposed or ongoing response action, if a
response action is necessary;
‘‘(5) regarding the economic viability and com-
mercial activity on real property—
‘‘(i) located within the immediate vicinity
of the affected site at the time of consideration
of the application; or
‘‘(ii) projected to be located within the im-
mediate vicinity of the affected site by the date
that is 5 years after the date of the consider-
ation of the application;
‘‘(6) regarding the potential of the facility for
creating new businesses and employment opportuni-
ties on completion of a response action;
‘‘(7) regarding whether the affected site is lo-
cated in an economically distressed community;
‘‘(8) regarding the presence of multiple sources
of risk as described in section 117(k) of this Act;
and
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‘‘(9) in such form, as the Administrator consid-
ers appropriate to carry out the purposes of this sec-
tion.’’.
TITLE IV—LIABILITY AND ALLOCATION
SEC. 401. RESPONSE AUTHORITIES.
(a) Section 104(e)(2) of the Act (42 U.S.C.
9604(e)(2)) is amended by deleting the word ‘‘cleanup’’
and inserting the phrase ‘‘response action’’, and inserting
after subparagraph (C) the following:
‘‘(D) The nature and extent of all activities
and operations at such vessel or facility, includ-
ing the identity of any persons engaged in, re-
sponsible for, controlling, or having the ability
to control such activities or operations.
‘‘(E) Information relating to the liability or
responsibility of any person to perform or pay
for a response action.
‘‘(F) Information that is otherwise relevant
to enforce the provisions of this Act.’’.
(b) Section 104(e)(7) of the Act (42 U.S.C. 9604(e))
is amended to read as follows:
‘‘(7) ADMINISTRATIVE
SUBPOENAS.—When it
would assist in the collection of information nec-
essary or appropriate for the purposes of implement-
ing this Act, the President may by subpoena require
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the attendance and testimony of witnesses and the
production of reports, papers, documents, answers to
questions, and other information that the President
deems necessary. Witnesses shall be paid the same
fees and mileage that are paid witnesses in the
courts of the United States. In the event of contu-
macy or failure or refusal of any person to obey any
such subpoena, any district court of the United
States in which venue is proper shall have jurisdic-
tion to order any such person to comply with such
subpoena. Any failure to obey such an order of the
court is punishable by the court as a contempt
thereof.
‘‘(8) CONFIDENTIALITY OF INFORMATION—
‘‘(A) Any records, reports, or information
obtained from any person under this section
(including records, reports or information ob-
tained by representatives of the President and
records, reports or information obtained pursu-
ant to a contract, grant or other agreement to
perform work pursuant to this section, but not
including documents, reports, compilations,
summaries, or other analyses prepared by the
President or representatives of the President
which reference or incorporate information ob-
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tained under this section) shall be available to
the public, except as follows:
‘‘(i) Upon a showing satisfactory to
the President (or the State, as the case
may be) by any person that records, re-
ports or information, or any particular
part thereof (other than health or safety
effects data), to which the President (or
the State, as the case may be) or any offi-
cer, employee, or representative has access
under this section if made public would di-
vulge information entitled to protection
under section 1905 of title 18 of the
United States Code, such information or
particular portion thereof shall be consid-
ered confidential in accordance with the
purposes of that section, except that such
record, report, document or information
may be disclosed to other officers, employ-
ees, or authorized representatives of the
United States (including government con-
tractors) concerned with carrying out this
chapter, or when relevant in any proceed-
ing under this chapter, or, if such records,
reports or information are obtained or sub-
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mitted to the United States (or the State,
as the case may be) pursuant to a con-
tract, grant or other agreement to perform
work pursuant to this section, to persons
from whom the President seeks to recover
costs pursuant to this Act.
‘‘(ii) This section does not require
that information which is exempt from dis-
closure pursuant to section 522(a) of title
5 of the United States Code by reason of
subsection (b)(5), subsection (b)(6), or
subsection (b)(7) of such section, be avail-
able to the public, nor shall the disclosure
of any such information pursuant to this
section authorize disclosure to other par-
ties or be deemed to waive any confiden-
tiality privilege available to the President
under any Federal or State law.’’.
SEC. 402. COMPLIANCE WITH ADMINISTRATIVE ORDERS.
(a) Section 106(a) of the Act (42 U.S.C. 9606(a))
is amended by—
(1) inserting after the phrase ‘‘hazardous sub-
stance’’ the phrase ‘‘, or pollutant or contaminant’’;
and
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(2) by adding at the end thereof the following:
‘‘The President may amend such orders and issue
additional orders, as appropriate, without a subse-
quent finding of an imminent and substantial
endangerment, to complete response action under-
taken in response to a release or substantial threat
of a release, or to require additional response actions
that are necessary or appropriate.’’.
(b) Section 106(b)(1) of the Act (42 U.S.C.
9606(b)(1)) is amended—
(1) by striking out the phrase ‘‘to enforce such
order’’, and
(2) by inserting before the period ‘‘, or be re-
quired to comply with such order, or both, even if
another party has complied, or is complying, with
the terms of the same order or another order per-
taining to the same facility, release or threatened re-
lease’’; and
(3) by inserting at the end of the paragraph the
following:
‘‘For purposes of this title, a ‘sufficient cause’ requires—
‘‘(A) an objectively reasonable belief by the per-
son to whom the order is issued that the person is
not liable for any response costs under section 107
of this title; or
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‘‘(B) that the action to be performed pursuant
to the order is determined to be inconsistent with
the national contingency plan.
The existence or results of an allocation process pursuant
to section 122a of this title shall not affect or constitute
a basis for a determination of ‘sufficient cause.’ ’’.
(c) Section 106(b)(2) is amended by moving the sec-
ond sentence of subsection (b)(2)(A) and redesignating it
as subsection (b)(4), and by striking the word ‘‘para-
graph’’ in such newly designated subsection (b)(4) and re-
placing it with the word ‘‘subsection’’.
(d) Section 106(b)(2)(A) of the Act (42 U.S.C.
9602(b)(2)(A) is amended by striking out the phrase
‘‘completion of’’, and inserting the phrase ‘‘the President
determines that such person has completed’’.
(e) Section 106(b)(2)(C) of the Act (42 U.S.C.
9606(b)(2)(C)) is amended by inserting after the words
‘‘Subparagraph (D)’’ the phrase ’’, or as may be author-
ized in a settlement entered into under section 122a of
this title.
SEC. 403. LIMITATIONS TO LIABILITY FOR RESPONSE
COSTS.
Section 107 of the Act (42 U.S.C. 9607) is amend-
ed—
(a) in subsection (a) by inserting—
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‘‘(i) all activities that directly or indi-
rectly resulted in a release of threat of a
release of a hazardous substance during
the period of ownership by the United
States occurred prior to 1976;
‘‘(ii) the activities either directly or in-
directly resulting in a release or a threat of
a release of a hazardous substance at the
facility were pursuant to a statutory au-
thority;
‘‘(iii) such department, agency, or in-
strumentality of the United States did not
cause or contribute to the release or threat
of release of hazardous substances or pol-
lutants or contaminants at the facility; and
‘‘(iv) there are persons, other than the
United States, who are both potentially lia-
ble for the release of hazardous substances
or pollutants or contaminants at the facil-
ity and fully capable of performing or fi-
nancing the response action at the facility;
or
‘‘(E) to the extent the liability of a Federal
or State entity or municipality is based solely
on its ownership of a road, street, or other right
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of way or other public transportation route over
which hazardous substances are transported, or
the granting of a license or permit to conduct
business; or
‘‘(F) For more than 10 percent of total re-
sponse costs at the facility, in aggregate, for all
persons to the extent their liability is based
solely on subsections 107(a)(3) or 107(a)(4) of
this Act, and the arrangement for disposal,
treatment, or transport for disposal or treat-
ment, or the acceptance for transport for dis-
posal or treatment involved only municipal solid
waste (MSW) or sewage sludge as defined in
sections 101(41) and 101(44), respectively, of
this Act. Such limitation on liability shall apply
only—
‘‘(i) where either the acts or omissions
giving rise to liability occurred before the
date thirty-six (36) months after enact-
ment of this paragraph, or the person as-
serting the limitation institutes or partici-
pates in a qualified household hazardous
waste collection program within the mean-
ing of section 101(43); and
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‘‘(ii) where the disposal did not occur
on lands owned by the United States or
any department, agency, or instrumentality
therefore, or on any tribal land.’’.
(b) by inserting after subsection (m) the follow-
ing:
‘‘(n) PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—Where there are unrecovered response costs for
which an owner of a facility is not liable by operation of
subsection 107(a)(5)(C) of this Act, and a response action
for which there are unrecovered costs inures to the benefit
of such owner, the United States shall have a lien upon
the facility for such unrecovered costs. Such lien—
‘‘(1) shall not exceed the increase in fair market
value of the property attributable to the response ac-
tion at the time of a subsequent sale or other dis-
position of property;
‘‘(2) shall be subject to the requirements for no-
tice and validity established in paragraph (3) of sub-
section (l) of this section; and
‘‘(3) shall continue until the earlier of satisfac-
tion of the lien, or recovery of all response costs in-
curred at the facility.’’
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(c) Section 120 of the Act (42 U.S.C. 9620) is
amended by inserting before the word ‘‘facilities’’ in
the title of the section the phrase ‘‘entities and’’.
(d) Section 120(a)(1) of the Act (42 U.S.C.
9620(a)(1)) is amended—
(1) after the word ‘‘title’’ in the first sen-
tence by inserting the phrase ‘‘the right to con-
tribution protection set forth in section 113 and
122, when such department, agency or instru-
mentality resolves its share of liability under
this Act and liability for all federal civil and ad-
ministrative penalities and fines imposed under
this Act, regardless of whether such penalties
and fines are punitive or coercive in nature or
are imposed for isolated or continuing viola-
tions.’’;
(2) by inserting the word ‘‘other’’ before
the phrase ‘‘person or entity’’ in the second
sentence and by inserting after the second sen-
tence the following new sentence:
‘‘The waiver of immunity in this section does not en-
compass uniquely governmental actions such as—
‘‘(A) any actions of any department, agen-
cy or instrumentality, except for official seizure
of or holding title to a facility, taken pursuant
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to Federal authority to regulate the economy in
preparation for, during, or otherwise in connec-
tion with war through the use and implementa-
tion of national priority rating systems, national
wage, profit and price incentives or controls, or
otherwise to mobilize the national economy for
war-related production; or
‘‘(B) any actions of any department, agen-
cy, or instrumentality taken in response to a
natural disaster pursuant to the Emergency
Flood Control Work Act (33 U.S.C. 701(n)), or
the Disaster Relief Act of 1974 (42 U.S.C.
5121 et seq.).’’;
(e) Section 120(a)(4) of the Act (42 U.S.C.
9620(a)(4)) is amended—
(1) 
by 
inserting 
‘‘currently’’ 
before
‘‘owned’’ in the first sentence;
(2) by inserting after the word ‘‘United
States’’ the phrase ‘‘in the following cir-
cumstances: (A)’’; and
(3) by inserting after the word ‘‘List’’ ‘‘;
(B) when such facilities are included on the Na-
tional Priorities List but are specifically re-
ferred to the State by the Administrator pursu-
ant to the provisions of section 127 of this Act;
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or (c) when such laws are part of an authorized
program approved by the Administrator pursu-
ant to section 127 of this Act, and such facili-
ties are included on the National Priorities List
and are to be addressed by the State authorized
program pursuant to section 127 of this Act.
Each department, agency, or instrumentality of
the United States shall be subject to State re-
quirements, both substantive and procedural,
respecting liability for the costs of responding
to releases or threats of releases of hazardous
substances at non-federally-owned facilities re-
ferred to the State pursuant to section 127 of
this Act, or such requirements that are part of
a State authorized program for non-federally-
owned facilities being addressed under a State
authorized program pursuant to section 127 of
this Act.’’;
(4) after the word ‘‘preceding’’ by replac-
ing the word ‘‘sentence’’ with ‘‘sentences’’;
(5) at the end of the section by adding
‘‘This waiver of immunity for such facilities
shall include all civil and administrative pen-
alties and fines imposed under such laws, re-
gardless of whether such penalties and fines are
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(f) Section 120(j)(1) of the Act (42 U.S.C.
9620(j)(1)) is amended before the phrase ‘‘with re-
spect to the site’’ in the second sentence by inserting
‘‘or 
any 
State 
law 
applicable 
under 
section
120(a)(4)’’.
SEC. 404. LIABILITY.
(a) Section 107(a)(1) of the Act (42 U.S.C.
9607(a)(1)) is amended by striking the word ‘‘and’’ and
inserting the word ‘‘or’’.
(b) Section 107(a)(3) of the Act (42 U.S.C.
9607(a)(3)) is amended by striking out the phrase ‘‘by
any other party or entity,’’.
(c) Section 107(a)(4) of the Act (42 U.S.C.
9607(a)(4)) is amended—
(1) by inserting a blank line before the phrase
‘‘from which there is a release’’;
(2) by moving the phrase ‘‘from which there is
a release’’ to the left margin; and
(3) inserting a comma after the phrase ‘‘threat-
ened release’’.
(d) Section 107(a)(4)(A) of the Act (42 U.S.C.
9607(a)(4)(A)) is amended by inserting the phrase ‘‘, in-
cluding direct costs, indirect costs, and costs of overseeing
response actions conducted by private parties’’ before the
phrase ‘‘incurred by the United States’’.
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(e) Section 107(a)(4)(B) of the Act (42 U.S.C.
9607(a)(4)(B)) is amended—
(1) by striking out the word ‘‘other’’ both times
it appears; and
(2) by inserting the phrase ‘‘other than the
United States, a State or an Indian tribe’’ before the
phrase ‘‘consistent with the national contingency
plan’’.
(f) Section 107(c)(3) of the Act (42 U.S.C.
9607(a)(3)) is amended—
(1) by inserting the phrase ‘‘in addition to li-
ability for any response costs incurred by the United
States as a result of such failure to take proper ac-
tion,’’ after the world ‘‘person’’ the second time it
appears;
(2) by striking out the phrase ‘‘at least equal
to, and not more than’’ and inserting the phrase ‘‘up
to’’;
(3) by striking out the comma after the word
‘‘times’’; and
(4) by striking out the phrase ‘‘any costs in-
curred by the Fund as a result of such failure to
take proper action’’ and inserting the phrase ‘‘such
response costs’’.
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(g) Section 107 of the Act (42 U.S.C. 9607(a)(4)(B))
is amended by inserting the phrase ‘‘, or pollutant or con-
taminant’’ after the term ‘‘hazardous substance’’ or ‘‘haz-
ardous substances’’ wherever they appear in sections
107(a)(2), (3) and (4); 107(b); 107(c); 107(d)(1) and (2);
107(f)(1); 107(i); 107(j); and 107(k)(1)(B).
SEC. 405. CIVIL PROCEEDINGS.
(a) Section 113(a) of the Act (42 U.S.C. 9613(a))
is amended—
(1) by striking out the phrase ‘‘upon application
by any interested person’’, and inserting the phrase
‘‘by any adversely affected person through the filing
of a petition for review’’; and
(2) by striking out the phrase ‘‘application shall
be made’’, and inserting in lieu thereof ‘‘petition
shall be filed’’.
(b) Section 113(b) of the Act (42 U.S.C. 9613(b))
is amended—
(1) before ‘‘without regard to the citizenship,’’
by inserting the phrase ‘‘or in any manner limiting
or affecting the President’s ability to carry out a re-
sponse action under this Title,’’; and
(2) by inserting immediately after the first sen-
tence the following sentence: ‘‘Any action initiated in
any state or local court against the United States
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(or any department, agency,or instrumentality, offi-
cer or employee thereof) pursuant to or under any
provision of or authorized by this title may be re-
moved by the United States to the appropriate fed-
eral district court in accordance with section 1446 of
title 18 of the United States Code.’’
(c) Section 113(g) of the Act (42 U.S.C. 9613(g))
is amended by striking paragraphs (2) and (3) and insert-
ing—
‘‘(2) ACTIONS FOR RECOVERY OF COSTS.—Ex-
cept as provided in paragraph (3) below, an initial
action for recovery of costs referred to in section
107 of this title must be commenced—
‘‘(A) for removal action, within three years
after completion of all removal action taken
with respect to the facility, including off-site
disposal of any removed materials; except that
if physical on-site construction of the remedial
action is initiated within three years after the
completion of all removal action taken with re-
spect to the facility, costs incurred for removal
action may be recovered in the cost recovery ac-
tion brought under subparagraph (B); and
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‘‘(B) for a remedial action, within six years
after initiation of physical on-site construction
of the remedial action.
In any such action described in this subsection, the
court shall enter a declaratory judgment on liability
for response costs or damages that will be binding
on any subsequent action or actions to recover fur-
ther response costs or damages. A subsequent action
or actions under section 107 of this title for further
response costs at the vessel or facility may be main-
tained at any time during the response action, but
must be commenced no later than three years after
the date of completion of all response action. Except
as otherwise provided in this paragraph, an action
may be commenced under section 107 of this title
for recovery of costs at any time after such costs
have been incurred.
‘‘(3) CONTRIBUTION.—An action by a poten-
tially responsible party against another potentially
responsible party for recovery of any response costs
or damages must be commenced within the later
of—
‘‘(A) the time limitations set forth in para-
graph (2) above, or
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‘‘(B) where recovery is sought for costs or
damages paid pursuant to a judgment or settle-
ment, three years after—
‘‘(i) the date of judgment in any ac-
tion under this Act for recovery of such
costs or damages, or
‘‘(ii) the date of any administrative
order or judicial settlement for recovery of
the costs or damages paid or incurred pur-
suant to such a settlement.’’.
(d) Section 113(g) of the Act (42 U.S.C. 9613(g))
is amended by inserting the following at the end thereof:
‘‘(4) CLAIMS BY THE UNITED STATES, STATES
OR INDIAN TRIBES.—Claims by the United States
under section 106, and claims by the United States,
a State or Indian tribe under section 107(a), of this
Act shall not be deemed compulsory counterclaims in
an action against the United States, a State or an
Indian tribe seeking response costs, contribution,
damages, or any other claim by any person under
this Act.’’.
(e) Section 113(j)(1) of the Act (42 U.S.C.
9613(j)(1)) is amended—
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(1) before the phrase ‘‘or ordered’’ by inserting
the phrase ‘‘or selected by the President pursuant to
this Act,’’; and
(2) after the phrase ‘‘or ordered’’ by inserting
the phrase ‘‘or sought’’.
SEC. 406. LIMITATIONS ON CONTRIBUTION ACTIONS.
Section 113 of the Act (42 U.S.C. 9613) is amend-
ed—
(a) by amending subsection (f)(1) as follows—
(1) by redesignating the paragraph as sub-
paragraph ‘‘(1)(A),’’;
(2) before the phrase ‘‘may seek contribu-
tion’’ by inserting the phrase ‘‘who is liable or
potentially liable under section 107(a) of this
title’’;
(3) by striking out the phrase ‘‘during or
following any civil action under section 106 of
this title or under section 107(a) of this title’’,
and inserting in lieu thereof the phrase ‘‘in a
claim asserted under section 107(a)’’; and
(4) by deleting the period at the end of the
first sentence, and inserting the following:
‘‘except that there shall be no right of contribution
where—
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‘‘(i) the person asserting the right of con-
tribution has waived such rights in a settlement
pursuant to this Act;
‘‘(ii) the person from whom contribution is
sought is liable solely under section 107(a)(3)
of this Act, and contributed less than ten
pounds or ten liters of material containing haz-
ardous substances at the facility, or such great-
er or lesser amount as the Administrator may
determine by regulation;
‘‘(iii) the person from whom contribution is
sought has entered into a final settlement with
the United States pursuant to section 122(g).’’;
(5) before the phrase ‘‘this section and the
Federal Rules’’ by inserting the phrase ‘‘section
107(a),’’; and
(6) by striking out the sentence ‘‘Nothing
in this subsection shall diminish the right of
any person to bring an action for contribution
in the absence of a civil action under section
106 of this title or section 107 of this title.’’.
(b) by inserting after subparagraph (1)(A) the
following subparagraph:
‘‘(B) Any person who commences an action for
contribution against a person who is not liable by
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operation of subsection 107(a)(5) of this Act, or
against a person who is protected from suits in con-
tribution by this section or by a settlement with the
United States, shall be liable to the person against
whom the claim of contribution is brought for all
reasonable costs of defending against the claim, in-
cluding all reasonable attorney’s and expert witness
fees.’’.
(c) Section 113(f) of the Act (42 U.S.C.
9613(f)) is amended by striking out paragraph (2),
and inserting the following:
‘‘(2) SETTLEMENT.—A person that has re-
solved its liability to the United States in an admin-
istrative or judicially approved settlement shall not
be liable for claims by other persons regarding re-
sponse actions, response costs or damages addressed
in the settlement. A person that has resolved its li-
ability to a State in an administrative or judicially
approved settlement shall not be liable for claims by
persons other than the United States regarding re-
sponse costs for damages addressed in the settle-
ment for which the State has a claim under this
title. Such settlement does not discharge any other
potentially responsible persons unless its terms so
provide, but it reduces the potential liability of such
HR 3800 IH1S
other persons by the amount of the settlement. The
protection afforded by this section shall include pro-
tection against contribution claims and all other
types of claims, under federal or state law, that may
be asserted against the settling party for recovery of
response costs or damages incurred or paid by an-
other person, if such costs or damages are addressed
in the settlement, but shall not include protection
against claims based on contractual indemnification
or other express contractual agreements to pay such
costs or damages.’’.
SEC. 407. SCOPE OF RULEMAKING AUTHORITY.
Section 115 of the Act (42 U.S.C. 9615), is amended
by redesignating the text of the section as subsection ‘‘(a)’’
and adding a new subsection:
‘‘(b) The authority conferred by this section includes,
without limitation, authority to promulgate legislative reg-
ulations to define the terms and scope of sections 101
through 405 this Act, inclusive.
‘‘(c) This section confirms, without limitation, au-
thority to promulgate regulations to define the terms of
this Act as they apply to lenders and other financial serv-
ices providers, and property custodians, trustees, and
other fiduciaries.’’.
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SEC. 408. ENHANCEMENT OF SETTLEMENT AUTHORITIES.
Section 122 of the Act (42 U.S.C. 9622), is amend-
ed—
(a) by striking out subparagraph (e)(3);
(b) by redesignating subparagraphs (e)(4) and
(5) as subparagraphs (e)(3) and (4), respectively;
(c) By redesignating subparagraphs (e)(6) as a
new section 122(o) and by amending redesignated
section 122(n)—
(1) by deleting ‘‘remedial investigation and
feasibility study’’ and inserting in lieu thereof
‘‘response action’’; and
(2) by deleting ‘‘remedial action’’ in both
places where it appears and inserting ‘‘response
action’’;
(d) by inserting at the end of Section 122 the
following—
‘‘(p) RETENTION OF FUNDS.—If, as part of any
agreement under this chapter, the President will be carry-
ing out any action and the parties will be paying amounts
to the President, the President may retain such amounts
in interest bearing accounts, and use such amounts, to-
gether with accrued interest, for purposes of carrying out
the agreement.
‘‘(q) Notwithstanding the limitations on review in sec-
tion 113(h), and except as provided in subsection (g) of
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this section, a person whose claim for response costs or
contribution is limited as a result of contribution protec-
tion afforded by an administrative settlement under this
section may challenge the cost recovery component of such
settlement only by filing a complaint against the Adminis-
trator in the United States District Court within 60 days
after such settlement becomes final. Venue shall lie in the
district in which the appropriate Regional Administrator
has her principal office. Any review of an administrative
settlement shall be limited to the administrative record,
and the settlement shall be upheld unless the objecting
party can demonstrate on that record that the decision
of the President to enter into the administrative settle-
ment was arbitrary, capricious, or otherwise not in accord-
ance with law.’’;
(e) by deleting subsection (f)(1) and inserting
in lieu thereof:
‘‘(1) FINAL COVENANTS.—The President shall
offer potentially responsible parties who enter into
settlement agreements otherwise acceptable to the
United States a final covenant not to sue concerning
any liability to the United States under this Act, in-
cluding a covenant with respect to future liability,
for response actions or response costs, provided
that—
HR 3800 IH1S
‘‘(A) the settling party agrees to perform,
or there are other adequate assurances of the
performance of, a final remedial action for the
release or threat of release that is the subject
of the settlement;
‘‘(B) the settlement agreement has been
reached prior to the commencement of litigation
against the settling party under section 106 or
107 of this Act with respect to this facility;
‘‘(C) the settling party waives all contribu-
tion rights against other potentially responsible
parties at the facility; and
‘‘(D) the settling party pays premium that
compensates for the risks of remedy failure; fu-
ture liability resulting from unknown condi-
tions; unanticipated increases in the cost of any
uncompleted response action, unless the settling
party is performing the response action; and
the United States litigation risk with respect to
persons who have not resolved their liability to
the United States under this Act, unless all
parties have settled their liability to the United
States, or the settlement covers 100 percent of
the United States response costs. The President
shall have sole discretion to determine the ap-
HR 3800 IH1S
propriate amount of any such premium, and
such determinations are committed to the
President’s discretion. The President has dis-
cretion to waive or reduce the premium pay-
ment for persons who demonstrate an inability
to pay such a premium.
‘‘(2) DISCRETIONARY
COVENANTS.—For all
other settlements under this title, the President
may, in his discretion, provide any person with a
covenant not to sue concerning any liability to the
United States under this title, if the covenant not to
sue is in the public interest. The President may in-
clude any conditions in such covenant not to sue, in-
cluding but not limited to the additional condition
referred to in paragraph (5) of this subsection. In
determining whether such conditions or covenants
are in the public interest, the President shall con-
sider the effectiveness and reliability of the response
action, the nature of the risks remaining at the facil-
ity, the strength of evidence, the likelihood of cost
recovery, the reliability of any response action or ac-
tions to restore, replace or acquire the equivalent of
injured natural resources, and any other factors rel-
evant to the protection of human health, welfare,
and the environment.’’.
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(f) by striking out the word ‘‘remedial’’, wher-
ever it appears in paragraph (f)(2), and inserting
the word ‘‘response’’;
(g) by deleting paragraphs (f)(3) and (f)(4);
(h) by redesignating existing paragraphs (f)(2),
(f)(5), and (f)(6) as paragraphs (f)(3), (f)(4), and
(f)(5), respectively;
(i) in redesignated subparagraph (f)(5)(A)—
(1) by striking out the word ‘‘remedial’’,
and inserting in lieu thereof the word ‘‘re-
sponse’’;
(2) by deleting ‘‘paragraph (2)’’ in the
first clause of the first sentence and inserting
‘‘paragraph (1) or (3)’’ in lieu thereof;
(3) by deleting ‘‘de minimis settlements’’
and inserting ‘‘de minimis and other expedited
settlements pursuant to subsection (g) of this
section’’ in lieu thereof; and
(4) by striking the phrase ‘‘the President
certifies under paragraph (3) that remedial ac-
tion has been completed at the facility con-
cerned’’, and inserting in lieu thereof the phrase
‘‘that the response action that is the subject of
the settlement agreement is selected’’;
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(j) 
by 
amending 
redesignated 
subsection
(f)(5)(B)—
(1) by striking ‘‘In extraordinary cir-
cumstances, the’’ and inserting the word
‘‘The’’;
(2) by striking the phrase ‘‘those referred
to in paragraph (4) and’’;
(3) by inserting ‘‘the agreement containing
the covenant not to sue provides for payment of
a premium to address possible remedy failure or
any releases that may result from unknown
conditions, and’’ before the phrase ‘‘the other
terms’’; and
(4) by inserting at the end the following:
‘‘The President may, in his discretion, waive or
reduce the premium payment for persons who
demonstrate an inability to pay such a pre-
mium.’’
(k) by deleting paragraph (g)(1)(A) and insert-
ing in lieu thereof:
‘‘(g) EXPEDITED FINAL SETTLEMENT.—
‘‘(1) PARTIES ELIGIBLE FOR EXPEDITED SET-
TLEMENT.—Wherever practicable and in the public
interest, and as provided in section 122a of this
title, the President will as promptly as possible offer
HR 3800 IH1S
to reach a final administrative or judicial settlement
with potentially responsible parties who, in the judg-
ment of the President, meet one or more of the fol-
lowing conditions for eligibility for an expedited set-
tlement—
‘‘(A) the potentially responsible party’s in-
dividual contribution of hazardous substances
at the facility is de minimis. The contribution
of hazardous substance to a facility by a poten-
tially responsible party is de minimis if—
‘‘(i) the potentially responsible party’s
volumetric contribution of materials con-
taining hazardous substances is minimal in
comparison to the total volumetric con-
tributions at the facility; such individual
contribution is presumed to be minimal if
it is one percent or less of the total volu-
metric contribution at the facility, unless
the Administrator identifies a different
threshold based on site-specific factors;
and
‘‘(ii) the potentially responsible par-
ty’s hazardous substances do not present
toxic or other hazardous effects that are
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significantly greater than those of other
hazardous substances at the facility; or’’;
(l) by inserting the following after subsection
(g)(1)(B)—
‘‘(C) The potentially responsible party’s li-
ability is based solely on subsection 107(a)(3)
or 107(a)(4) of this title, and the arrangement
for disposal, treatment, or transport for dis-
posal or treatment, or the acceptance for trans-
port for disposal or treatment, involved only
municipal solid waste (MSW) or sewage sludge
as defined in section 101(41) or 101(44), re-
spectively, of this Act. The Administrator may
offer to settle the liability of generators and
transporters of MSW or sewage sludge whose li-
ability 
is 
limited 
pursuant 
to 
section
107(a)(5)(A) of this title for up to 10 percent
of the total response costs at the facility; or
‘‘(D) The potentially responsible party is a
small business or a municipality and has dem-
onstrated to the United States a limited ability
to pay response costs. For purposes of this pro-
vision:
‘‘(i) In the case of a small business,
the President shall consider, to the extent
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that information is provided by the small
business, the business’ ability to pay for its
total allocated share, and demonstrable
constraints on its ability to raise revenues.
‘‘(ii) In the case of a municipal owner
or operator, the President shall consider,
to the extent that information is provided
by the municipality, the following factors:
(1) the municipality’s general obligation
bond rating and information about the
most recent bond issue for which the rat-
ing was prepared; (2) the amount of total
available funds (other than dedicated
funds); (3) the amount of total operating
revenues (other than obligated or encum-
bered revenues), (4) the amount of total
expenses; (5) the amounts of total debt
and debt service; (6) per capita income;
and (7) real property values. A municipal-
ity may also submit for consideration by
the President an evaluation of the poten-
tial impact of the settlement on essential
services that the municipality must pro-
vide, and the feasibility of making delayed
payments or payments over time. If a mu-
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nicipality asserts that it has additional en-
vironmental obligations besides its poten-
tial liability under this Act, then the mu-
nicipality may create a list of the obliga-
tions, including an estimate of the costs of
complying with such obligations. A munici-
pality may establish an inability to pay
through an affirmative showing that such
payment of its liability under this Act
would either (I) create a substantial de-
monstrable risk that the municipality
would default on existing debt obligations,
be forced into bankruptcy, be forced to dis-
solve, or be forced to make budgetary cut-
backs that would substantially reduce cur-
rent levels of protection of public health
and safety, or (II) necessitate a violation of
legal requirements or limitations of general
applicability concerning the assumption
and maintenance of fiscal municipal obliga-
tions.’’;
(m) by deleting paragraphs (2) and (3) of sub-
section (g) and inserting in lieu thereof:
‘‘(2) The determination of whether a party is
eligible for an expedited settlement shall be made on
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the basis of information available to the President at
the time the settlement is negotiated. Such deter-
mination, and the settlement, are committed to the
President’s unreviewable discretion. If the President
determines not to apply these provisions for expe-
dited settlements at a facility, the basis for that de-
termination must be explained in writing.
‘‘(3) ADDITIONAL FACTORS RELEVANT TO MU-
NICIPALITIES.—In any settlement with a municipal-
ity pursuant to this title, the President may take ad-
ditional equitable factors into account in determining
an appropriate settlement amount, including, with-
out limitation, the limited resources available to that
party, and any in-kind services that the party may
provide to support the response action at the facility.
In considering the value of in-kind services, the
President shall consider the fair market value of
those services.’’;
(n) by striking in paragraph (g)(4) ‘‘$500,000’’
and inserting ‘‘$2,000,000’’;
(o) by striking paragraph (g)(5) and redesig-
nating paragraph (g)(6) and (g)(5);
(p) by amending paragraph (h) by striking—
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(1) the title, and inserting the phrase ‘‘Au-
thority to settle claims for penalties, punitive
damages and cost recovery’’; and
(2) by striking out the phrase ‘‘settlement
authority’’;
(q) by amending paragraph (h)(1)—
(1) before the phrase ‘‘cost incurred’’ by
inserting the phrase ‘‘past and future’’;
(2) before the phrase ‘‘by the United
States Government’’ by inserting the phrase ‘‘or
that may be incurred’’; and
(3) by inserting after the phrase ‘‘if the
claim has not been referred to the Department
of Justice for further action’’, the following:
‘‘The head of any department or agency with
the authority to seek, or to request the Attor-
ney General to seek, civil or punitive damages
under this Act may settle claims for such pen-
alties or damages which may otherwise be as-
sessed in civil administrative or judicial pro-
ceedings’’; and by striking out ‘‘$500,000’’ and
inserting in lieu thereof ‘‘$2,000,000’’; and
(r) by striking paragraph (h)(4).
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SEC. 409. ALLOCATION PROCEDURES
The Act is amended by inserting following sec-
tion 122:
‘‘§ 122a. Allocation at Multi-party facilities
‘‘(a) SCOPE.—
‘‘(1) Except as provided in paragraph (3) of
this section, for each non-federally owned facility
listed on the National Priorities List involving two
or more potentially responsible parties, the Adminis-
trator shall—
‘‘(A) initiate the allocation process estab-
lished under this section for any remedial action
selected by the President after the date of en-
actment of the Superfund Reform Act of 1994,
and
‘‘(B) initiate the allocation process estab-
lished in subsections (c)(2) through (d)(3) of
this section for any remedial action selected by
the President prior to the date of enactment of
the Superfund Reform Act of 1994, when re-
quested by any potentially responsible party
who has resolved its liability to the United
States with respect to the remedial action or is
performing the remedial action pursuant to an
order issued under section 106(a) of this title,
to assist in allocating shares among potentially
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responsible parties. The allocation performed
pursuant to this subsection shall not be con-
strued to require—
‘‘(i) payment of an orphan share pur-
suant to subsection (e) of this section; or
‘‘(ii) the conferral of reimbursement
rights pursuant to subsection (h) of this
section.
‘‘(2) Except as provided in paragraph (3) of
this section, the Administrator may initiate the allo-
cation process established under this section with re-
spect to any other facility involving two (2) or more
potentially responsible parties, as the Administrator
deems appropriate.
‘‘(3) The allocation process established under
this section shall not apply to any facility where—
‘‘(i) there has been a final settlement, de-
cree or order that determines all liability or al-
located shares of all potentially responsible par-
ties with respect to the facility; or
‘‘(ii) where response action is being carried
out by a State pursuant to referral or author-
ization under section 104(k) of this title.
‘‘(4) Nothing in this section limits or affects—
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‘‘(A) the Administrator’s obligation to per-
form an allocation for facilities that have been
the subject of partial or expedited settlements;
‘‘(B) the ability of a potentially responsible
party at a facility to resolve its liability to the
United States or other parties at any time be-
fore initiation or completion of the allocation
process; or
‘‘(C) the validity, enforceability, finality or
merits of any judicial or administrative order,
judgment or decree issued, signed, lodged, or
entered with respect to liability under this Act,
or authorizes modification of any such order,
judgment or decree.
‘‘(b) MORATORIUM
ON COMMENCEMENT
OR CON-
TINUATION OF SUITS.—
‘‘(1) No person may commence an action pursu-
ant to section 107 of this Act regarding a response
action for which an allocation must be performed
under subsection (a)(1)(A) of this section, or for
which the Administrator has initiated an allocation
under subsection (a)(1)(B) or (a)(2) of this section,
until 60 days after issuance of the allocator’s report
under subsection (d)(1) of this section.
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‘‘(2) If an action under section 107 of this Act
regarding a response for which an allocation is to be
performed under this section pending (A) upon date
of enactment of the Superfund Reform Act of 1994,
or (B) upon initiation of an allocation under sub-
section (a)(1)(B) or (a)(2) of this section, the action
shall be stayed until 60 days after the issuance of
an allocator’s report, unless the court determines
that a stay will not result in a just and expeditious
resolution of the action.
‘‘(3) Any applicable limitations period with re-
spect to actions subject to paragraph (1) shall be
tolled from the earlier of—
‘‘(A) the date of listing of the facility on
the National Priorities list; or
‘‘(B) the commencement of the allocation
process pursuant to this section, until 120 days
after the allocation report required by this sec-
tion has been provided to the parties to the al-
location.
‘‘(4) Nothing in this section shall in any way
limit or affect the President’s authority to exercise
the powers conferred by sections 103, 104, 105,
106, or 122 of this title, or to commence an action
where there is a contemporaneous filing of a judicial
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consent decree resolving a party’s liability; or to file
a proof of claim or take other action in a proceeding
under title 11 of the U.S. Code.
‘‘(5) The procedures established in this section
are intended to guide the exercise of settlement au-
thority by the United States, and shall not be con-
strued to diminish or affect the principles of retro-
active, strict, joint and several liability under this
title.
‘‘(c) COMMENCEMENT OF ALLOCATION.—
‘‘(1) RESPONSIBLE PARTY SEARCH.—At all fa-
cilities subject to this section, the Administrator
shall, as soon as practicable but not later than 60
days after the earlier of the commencement of the
remedial investigation or the listing of the facility on
the National Priorities List, initiate a search for po-
tentially responsible parties, using its authorities
under section 104 of this title.
‘‘(2) NOTICE TO PARTIES.—As soon as prac-
ticable after receipt of sufficient information, but
not more than eighteen (18) months after com-
mencement of the remedial investigation, the Admin-
istrator shall—
‘‘(A) notify those potentially responsible
parties who will be assigned shares in the allo-
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cation process and notify the public, in accord-
ance with section 117(d) of this title, of the list
of potentially responsible parties preliminarily
identified by the Administrator to be assigned
shares in the allocation process; and
‘‘(B) provide the notified potentially re-
sponsible parties with a list of neutral parties
who are not employees of the United States and
who the Administrator determines, in his or her
sole discretion, are qualified to perform an allo-
cation at the facility.
‘‘(3) SELECTION OF ALLOCATOR.—The Admin-
istrator shall thereafter—
‘‘(A) acknowledge the parties’ selection of
an allocator from the list, or select an allocator
from the list provided to the parties if the par-
ties cannot agree on a selection within 30 days
of the notice;
‘‘(B) contract with the selected allocator
for the provision of allocations services; and
‘‘(C) make available all responses to infor-
mation requests, as well as other relevant infor-
mation concerning the facility and potentially
responsible parties, to the parties and to the al-
locator within 30 days of the appointment of
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the allocator. The Administrator shall not make
available any privileged or confidential informa-
tion, except as otherwise authorized by law.
‘‘(4) PROPOSED ADDITION OF PARTIES.—
‘‘(A) For 60 days after information has
been made available pursuant to paragraph
3(C), the parties identified by the Adminis-
trator and members of the affected community
shall have the opportunity to identify and pro-
pose additional potentially responsible parties or
otherwise provide information relevant to the
facility or such potentially responsible parties.
This period may be extended by the Adminis-
trator for an additional 30 days upon request of
a party.
‘‘(B) Within 30 days after the end of the
period specified in paragraph (A) for identifica-
tion of additional parties, the Administrator
shall issue a final list of parties subject to the
allocation process, hereinafter the ‘allocation
parties’. The Administrator shall include in the
list of allocation parties those parties identified
pursuant to paragraph (A) in the allocation
process unless the Administrator determines
and explains in writing that there is not a suffi-
HR 3800 IH1S
cient basis in law or fact to take enforcement
action with respect to those parties under this
title, or that they have entered into an expe-
dited settlement under section 122(g). The Ad-
ministrator’s determination is to be based on
the information available at the time of the de-
termination and is committed to the Adminis-
trator’s unreviewable discretion.
‘‘(5) ROLE
OF
FEDERAL
AGENCIES.—Federal
departments, agencies or instrumentalities that are
identified as potentially responsible parties shall be
subject to, and be entitled to the benefits of, the al-
location process provided by this section to the same
extent as any other party.
‘‘(6) 
REPRESENTATION
OF
THE
UNITED
STATES.—The Administrator and the Attorney Gen-
eral shall be entitled to review all documents and
participate in any phase of the allocation proceeding.
‘‘(d) ALLOCATION DETERMINATION.—
‘‘(1) 
SETTLEMENT
AND
ALLOCATION
RE-
PORT.—Following issuance of the list of allocation
parties, the allocator may convene the allocation par-
ties for the purpose of facilitating agreement con-
cerning their shares. If the allocation parties do not
agree to a negotiated allocation of shares, the allo-
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cator shall prepare a written report, with a
nonbinding, equitable allocation of percentage shares
for the facility, and provide such report to the allo-
cation parties and the Administrator.
‘‘(2) INFORMATION
REQUESTS.—To assist in
the allocation of shares, the allocator may request
information from the allocation parties, and may
make additional requests for information at the re-
quest of any allocation party. The allocator may re-
quest the Administrator to exercise any information-
gathering authority under this title where necessary
to assist in determining the allocation of shares.
‘‘(3) FACTORS
IN
THE
ALLOCATION.—Unless
the allocation parties agree to a negotiated alloca-
tion, the allocator shall prepare a nonbinding, equi-
table allocation of percentage shares for the facility
based on the following factors:
‘‘(A) The amount of hazardous substances
contributed by each allocation party.
‘‘(B) The degree of toxicity of hazardous
substances contributed by each allocation party.
‘‘(C) The mobility of hazardous substances
contributed by each allocation party.
‘‘(D) The degree of involvement of each al-
location party in the generation, transportation,
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treatment, storage, or disposal of the hazardous
substance.
‘‘(E) The degree of care exercised by each
allocation party with respect to the hazardous
substance, taking into account the characteris-
tics of the hazardous substance.
‘‘(F) The cooperation of each allocation
party in contributing to the response action and
in providing complete and timely information
during the allocation process.
‘‘(G) Such other factors that the Adminis-
trator determines are appropriate by published
regulation or guidance, including guidance with
respect to the identification of orphan shares
pursuant to paragraph (3) of this subsection.
‘‘(4) IDENTIFICATION OF ORPHAN SHARES.—
The allocator may determine that a percentage share
for the facility is specifically attributable to an or-
phan share. The orphan share may only consist of
the following:
‘‘(A) Shares attributable to hazardous sub-
stances that the allocator determines, on the
basis of information presented, to be specifically
attributable to identified but insolvent or de-
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funct responsible parties who are not affiliated
with any allocation party.
‘‘(B) The difference between the aggregate
shares that the allocator determines, on the
basis of the information presented, are specifi-
cally attributable to contributors of municipal
solid waste subject to the limitations in section
107(a)(5)(D) of this title, and the share actu-
ally assumed by those parties in any settle-
ments with the United States pursuant to sub-
section 122(g) of this title, including the fair
market value of in-kind services provided by a
municipality.
‘‘(C) The difference between the aggregate
share that the allocator determines, on the
basis of information presented, is specifically
attributable to parties with a limited ability to
pay response costs and the share actually as-
sumed by those parties in any settlements with
the United States pursuant to subsection
122(g) of this title.
The orphan share shall not include shares attrib-
utable to hazardous substances that the allocator
cannot attribute to any identified party. Such shares
shall be distributed among the allocation parties.
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‘‘(e) FUNDING OF ORPHAN SHARES.—From funds
available in the Fund in any given fiscal year, and without
further appropriation action, the President shall make re-
imbursements from the Fund, to eligible parties for costs
incurred and equitably attributable to orphan shares de-
termined pursuant to this section, provided that Fund fi-
nancing of orphan shares shall not exceed $300,000,000
in any fiscal year. Reimbursements made under this sub-
section shall be subject to such terms and conditions as
the President may prescribe.
‘‘(f) TIMING.—The allocator shall provide the report
required by subsection (d)(1) of this section to the alloca-
tion parties and the Administrator within 180 days of the
issuance of the list of parties pursuant to subsection
(c)(4)(B) of this section. Upon request, for good cause
shown, the Administrator may grant the allocator addi-
tional time to complete the allocation, not to exceed 90
days.
‘‘(g) SETTLEMENT FOLLOWING ALLOCATION.—
‘‘(1) OBLIGATIONS OF THE UNITED STATES.—
The President will accept a timely offer of settle-
ment from a party based on the share determined by
the allocator, if it includes appropriate premia and
other terms and conditions of settlement, unless the
Administrator, with the concurrence of the Attorney
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General of the United States, determines that a set-
tlement based on the allocator’s determinations
would not be fair, reasonable, and in the public in-
terest. The Administrator and the Attorney General
shall seek to make any such determination within 60
days from the date of issuance of the allocator’s re-
port. The determinations of the Administrator and
the Attorney General shall not be judicially
reviewable.
‘‘(2) If the Administrator and the Attorney
General determine not to settle on the basis of the
allocation, they shall provide the allocation parties
and members of the affected community with a writ-
ten explanation of the Administrator’s determina-
tion. If the Administrator and the Attorney General
make such a determination, the parties who are will-
ing to settle on the basis of the allocation are enti-
tled to a consultation with an official appointed by
the President, to present any objections to the deter-
mination, within 60 days after the determination.
‘‘(3) Settlements based on allocated shares shall
include—
‘‘(A) a waiver of contribution rights
against all parties who are potentially respon-
sible parties for the response action;
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‘‘(B) covenants not to sue, consistent with
the provisions of section 122(f) of this title, and
provisions regarding performance or adequate
assurance of performance of response actions
addressed in the settlement;
‘‘(C) a premium that compensates for the
United States litigation risk with respect to po-
tentially responsible parties who have not re-
solved their liability to the United States, ex-
cept that no such premium shall apply if all
parties settle or the settlement covers 100 per-
cent of response costs;
‘‘(D) contribution protection, consistent
with sections 113(f) and 122(g) of this title, re-
garding matters addressed in the settlement.
Such settlement does not discharge any of the
other potentially responsible parties unless its
terms so provide, but it reduces the potential li-
ability of the others by the amount of the settle-
ment; and
‘‘(E) provisions through which the settling
parties shall receive reimbursement from the
Fund for any response costs incurred by such
parties in excess of the aggregate of their allo-
cated share and any premia required by the set-
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tlement. Such right to reimbursement shall not
be contingent on the United States recovery of
response costs from any responsible person not
a party to any settlement with the United
States.
‘‘(4) The President shall report annually to
Congress on the administration of the allocation
scheme, and provide information comparing alloca-
tion results with actual settlements at multiparty fa-
cilities.
‘‘(5) The provisions of this section shall not
apply to any offer of settlement made after com-
mencement of litigation by the United States against
the offering party under section 107 of this title.
‘‘(h) AUTHORIZATION OF REIMBURSEMENT.—In any
settlement in which a party agrees to perform response
work in excess of its share, the Administrator shall have
authority in entering the settlement to confer a right of
reimbursement on the settling party pursuant to such pro-
cedures as the Administrator may prescribe.
‘‘(i) POST-SETTLEMENT LITIGATION.—
‘‘(1) IN
GENERAL.—The United States may
commence an action under section 107 against any
person who has not resolved its liability to the
United States following allocation, on or after 60
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days following issuance of the allocator’s report. In
any such action, the potentially responsible parties
shall be liable for all unrecovered response costs, in-
cluding any federally funded orphan share identified
in accordance with subsection (d)(4). Defendants in
any such action may implead any allocation party
who did not resolve its liability to the United States.
The Administrator and the Attorney General shall
issue guidelines to ensure that the relief sought
against de minimis parties under principles of joint
and several liability will not be grossly disproportion-
ate to their contribution to the facility. The applica-
tion of such guidelines is committed to the discretion
of the Administrator and the Attorney General.
‘‘(2) In commencing any action under section
107 following allocation, the Attorney General must
certify, in the complaint, that the United States has
been unable to reach a settlement that would be in
the best interests of the United States.
‘‘(3) ADMISSIBILITY
OF
ALLOCATOR’S
RE-
PORT.—The allocator’s report shall not be admissi-
ble in any court with respect to a claim brought by
or against the United States, except in its capacity
as a nonsettling potentially responsible party, or for
the determination of liability. The allocator’s report,
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subject to the rules and discretion of the court, may
be admissible solely for the purpose of assisting the
court in making an equitable allocation of response
costs among the relative shares of nonsettling liable
parties.
‘‘(4) OTHER
AUTHORITIES
UNAFFECTED.—
Nothing in this section limits or in any way affects
the exercise of the President’s authority pursuant to
sections 103, 104, 105, or 106.
‘‘(5) COSTS.—
‘‘(A) The costs of implementing the alloca-
tion procedure set forth in this section, includ-
ing reasonable fees and expenses of the allo-
cator, shall be considered necessary cost of re-
sponse.
‘‘(B) The costs attributable to any funding
of orphan shares identified by the allocator pur-
suant to subsection (d)(4) also shall be consid-
ered necessary costs of response, and shall be
recoverable from liable parties who do not re-
solve their liability on the basis of the alloca-
tion.
‘‘(6) REJECTION OF SHARE DETERMINATION.—
In any action by the United States under this title,
if the United States has rejected an offer of settle-
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HR 3800 IH1S
ment that is consistent with subsections (g)(1) and
(g)(3) of this section and was presented to the
United States prior to the commencement of the ac-
tion, the offeror shall be entitled to recover from the
United States the offeror’s reasonable costs of de-
fending the action after the making of the offer, in-
cluding reasonable attorneys’ fees, if the ultimate
resolution of liability or allocation of costs with re-
spect to the offeror, taking into account all settle-
ments and reimbursements with respect to the facil-
ity other than those attributable to insurance or in-
demnification, is as or more favorable to the offeror
than the offer based on the allocation.
‘‘(j) PROCEDURES.—The Administrator shall further
define the procedures of this section by regulation or guid-
ance, after consultation with the Attorney General.’’.
TITLE V—REMEDY SELECTION AND
CLEANUP STANDARDS
SEC. 501. PURPOSES AND OBJECTIVES.
The purposes and objectives of this title are to—
(a) ensure that remedial actions under the Act
are protective of human health and the environment;
(b) provide consistent and equivalent protection
to all communities affected by facilities subject to re-
medial action; and
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(c) ensure that the national goals, national ge-
neric cleanup levels, and the national risk protocol
required by this title are developed through a proc-
ess based on substantial public input and, where ap-
propriate, on consensual decisionmaking.
SEC. 502. CLEANUP STANDARDS AND LEVELS.
Section 121(d)(1)–(2)(C)(i) of the Act (42 U.S.C.
9621(d)) is amended to read as follows:
‘‘(d) DEGREE OF CLEANUP.—
‘‘(1) PROTECTION
OF
HUMAN
HEALTH
AND
THE
ENVIRONMENT.—A remedial action selected
under this section or otherwise required or agreed to
by the President under this Act shall be protective
of human health and the environment. In order to
provide consistent protection to all communities, the
Administrator shall promulgate national goals to be
applied at all facilities subject to remedial action
under this Act.
‘‘(2) GENERIC CLEANUP LEVELS.—The Admin-
istrator shall promulgate, as appropriate, national
generic cleanup levels for specific hazardous sub-
stances, pollutants, or contaminants, based on the
national goals established in paragraph (1). A clean-
up level shall—
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‘‘(A) reflect reasonably anticipated future
land uses,
‘‘(B) reflect other variables which can be
easily measured at a facility and whose effects
are scientifically well-understood to vary on a
site-specific basis, and
‘‘(C) represent concentration levels below
which a response action is not required.
‘‘(3) SITE-SPECIFIC
METHODS
TO
ESTABLISH
CLEANUP LEVELS.—Notwithstanding the promulga-
tion of national generic cleanup levels under sub-
section (d)(2) and nationally-approved generic rem-
edies under subsection (b)(4) of this section, the Ad-
ministrator may, as appropriate, rely on a site-spe-
cific risk assessment to determine the proper level of
cleanup at a facility, based on the national goals es-
tablished in paragraph (1) and the reasonably antici-
pated future land uses at the facility. This may
occur if a national generic cleanup level has not been
developed or to account for particular characteristics
of a facility or its surroundings. In establishing site-
specific cleanup levels, the President shall consider
the views of the affected community in accordance
with section 117 of this Act.
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‘‘(4) RISK
ASSESSMENT.—The Administrator
shall promulgate a national risk protocol for con-
ducting risk assessments based on realistic assump-
tions. After promulgation, risk assessment underly-
ing the degree of cleanup and remedy selection proc-
esses shall use the national risk protocol.
‘‘(5) FEDERAL AND STATE LAWS.—
‘‘(A) A remedial action shall be required to
comply with the substantive requirements of—
‘‘(i) any standard, requirement, cri-
terion, or limitation under any federal en-
vironmental or facility siting law that the
President determines is suitable for appli-
cation to the remedial action at the facil-
ity; and
‘‘(ii) any promulgated standard, re-
quirement, criterion, or limitation under
any state environmental law specifically
addressing remedial action that is adopted
for the purpose of protecting human health
or the environmental with the best avail-
able scientific evidence through a public
process where such a law is more stringent
than any such federal cleanup standard,
requirement, criterion, or limitation, or the
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cleanup level determined in accordance
with the requirements of this section.
‘‘(B) Procedural requirements of federal
and state standards, requirements, criteria, or
limitations, including but not limited to permit-
ting requirements, shall not apply to response
actions conducted on-site. In addition, compli-
ance with such laws 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.
‘‘(C) The President may select a remedial
action meeting the requirements of paragraph
(1) that does not attain a level or standard of
control at least equivalent to the federal or
State standards, requirements, criteria, or limi-
tations as required by paragraph (A), if the
President finds that—
‘‘(i) the remedial action selected is
only part of a total remedial action that
will attain such level or standard of control
when completed;
‘‘(ii) compliance with such require-
ment at that facility will result in greater
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tween the need for protection of public
health and welfare and the environment at
the facility under consideration, and the
availability of amounts from the Fund to
respond to other facilities which present or
may present a threat to public health or
welfare or the environment, taking into
consideration the relative immediacy of
such threat.
The President shall publish such findings, to-
gether with an explanation and appropriate doc-
umentation.’’.
SEC. 503. REMEDY SELECTION.
Section 121(b) of the Act (42 U.S.C. 9621(b)) is
amended to read as follows:
‘‘(b) GENERAL RULES.—
‘‘(1) SELECTION OF PROTECTIVE REMEDIES.—
Remedies selected at individual facilities shall be
protective of human health and the environment.
Whether a response action requires remediation
through treatment, containment, a combination of
treatment and containment, or other means, shall be
determined through the evaluation of remedial
alternatives.
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‘‘(2) LAND USE.—In selecting a remedy, the
President shall take into account the reasonably an-
ticipated future uses of land at a facility as required
by this Act.
‘‘(3) APPROPRIATE REMEDIAL ACTION.—
‘‘(A) The President shall identify and se-
lect an appropriate remedy utilizing treatment,
containment, other remedial measures, or any
combination thereof, that is protective of
human health and the environment and
achieves the degree of cleanup determined
under section 121(d), taking into account the
following factors:
‘‘(i) The effectiveness of the remedy.
‘‘(ii) The long-term reliability of the
remedy, that is, its capability to achieve
long-term protection of human health and
the environment.
‘‘(iii) Any risk posed by the remedy to
the affected community, to those engaged
in the cleanup effort, and to the environ-
ment.
‘‘(iv) The acceptability of the remedy
to the affected community.
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‘‘(v) The reasonableness of the cost of
the remedy in relation to the preceding
factors (i) through (iv).
‘‘(B) INNOVATIVE REMEDIES.—If an oth-
erwise appropriate treatment remedy is avail-
able only at a disproportionate cost and the
President determines that an appropriate treat-
ment remedy is likely to become available with-
in a reasonable period of time, the President
may select an interim containment remedy. A
selected interim containment remedy shall in-
clude adequate monitoring to ensure the contin-
ued integrity of the containment system. If an
appropriate treatment remedy becomes available
within that period of time, that remedy shall be
required.
‘‘(C) HOT SPOTS.—In evaluating a facility
for a permanent containment remedy, if the
President determines, based on standard site
investigation, that a discrete area within a facil-
ity is a ‘hot spot’ (as defined in this para-
graph), the President shall select a remedy for
the ‘hot spot’ with a preference for treatment,
unless he determines, based on treatability
studies and other information, that no treat-
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ment technology exists or such technology is
only available at a disproportionate cost. In
such instances the President shall select an in-
terim containment remedy for a ‘hot spot’ sub-
ject to adequate monitoring to ensure its con-
tinued integrity and shall review the interim
containment remedy within five years to deter-
mine whether an appropriate treatment remedy
for the ‘hot spot’ is available. For purposes of
this paragraph, the term ‘hot spot’ means a dis-
crete area within a facility that contains haz-
ardous substances that are highly toxic or high-
ly mobile, cannot be reliably contained, and
present a significant risk to human health or
the environment should exposure occur.
‘‘(4) GENERIC REMEDIES.—In order to stream-
line the remedy selection process, and to facilitate
rapid voluntary action, the President shall establish,
taking into account the factors enumerated in sub-
section (b)(3)(A), cost-effective generic remedies for
categories of facilities, and expedited procedures that
include community involvement for selecting generic
remedies at an individual facility. To be eligible for
selection at a facility, a generic remedy shall be pro-
tective of human health and the environment at that
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facility. When appropriate, the President may select
a generic remedy without considering alternative
remedies.’’.
SEC. 504. MISCELLANEOUS AMENDMENTS TO SECTION 121.
(a) Section 121(c) of the Act (42 U.S.C. 9621(c))
is amended by striking out the word ‘‘initiation’’, and in-
serting in lieu thereof the phrase ‘‘completion of all phys-
ical on-site construction’’.
(b) Section 121(d) of the Act is further amended
by—
(1) redesignating paragraph (2)(C)(ii) as para-
graph ‘‘(6)(A)’’;
(2) redesignating paragraph (2)(C)(iii) as para-
graph ‘‘(6)(B)’’;
(3) striking ‘‘clauses (iii) and (iv)’’ in redesig-
nated paragraph (6)(A) and inserting ‘‘subpara-
graph (B)’’;
(4) striking paragraph (2)(C)(iv);
(5) redesignating paragraph (3) as paragraph
‘‘(7)’’ and amending it to read as follows:
‘‘(7) In the case of any removal or remedial ac-
tion involving the transfer of any hazardous sub-
stance or pollutant or contaminant off-site, such
hazardous substance or pollutant or contaminant
shall be transferred to a facility which is authorized
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under applicable Federal and state law to receive
such hazardous substance or pollutant or contami-
nant and is in compliance with such applicable Fed-
eral and state law. Such substance or pollutant or
contaminant may be transferred to a land disposal
facility permitted under subtitle C of the Solid
Waste Disposal Act only if the President determines
that both of the following requirements are met:
‘‘(A) The unit to which the hazardous sub-
stance or pollutant or contaminant is trans-
ferred is not releasing any hazardous waste, or
constituent thereof, into the groundwater or
surface water or soil.
‘‘(B) All such releases from other units at
the facility are being controlled by a corrective
action program approved by the Administrator
under subtitle C of the Solid Waste Disposal
Act.
The President shall notify the owner or operator of
such facility of determinations made under this
paragraph.’’; and
(6) striking paragraph (4).
(c) Section 121(e) of the Act (42 U.S.C. 9621(e)) is
amended by—
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(1) in paragraph (1) inserting in the first sen-
tence ‘‘or permit application’’ before ‘‘shall be re-
quired’’; and by adding at the end thereof the follow-
ing: ‘‘Furthermore, no Federal, State or local permit
or permit application shall be required for on-site or
off-site activities conducted under section 311(b).’’;
and
(2) striking paragraph (2).
(d) Section 121(f) of the Act (42 U.S.C. 9621(f)) is
amended by adding after paragraph (3) (as amended by
this Act) the following new paragraph:
‘‘(4) A State may enforce only those Federal or
State legally applicable standards, requirements, cri-
terion, or limitations to which the Administrator has
determined the remedial action is required to con-
form under this Act. Where the parties agree, the
consent decree may provide for administrative en-
forcement. Each consent decree shall also contain
stipulated penalties for violations of the decree in an
amount not to exceed $25,000 per day. Such stipu-
lated penalties shall not be construed to impair or
affect the authority of the court to order compliance
with the specific terms of any such decree.’’.
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SEC. 505. RESPONSE AUTHORITIES.
(a) Section 104(b)(1) of the Act (42 U.S.C.
9604(b)(1)) is amended by—
(1) inserting ‘‘actions,’’ before ‘‘studies’’;
(2) striking ‘‘, to recover the costs thereof, and’’
and inserting ‘‘or’’; and
(3) striking the ‘‘.’’ after ‘‘Act’’ and inserting
‘‘and shall be entitled to recover the costs thereof.’’.
(b) Section 104(j) of the Act (42 U.S.C. 9604(j)) is
amended by—
(1) in paragraph (1) by striking ‘‘remedial’’,
and inserting ‘‘response’’;
(2) striking paragraph (2);
(3) redesignating paragraph (3) as paragraph
‘‘(2)’’ and striking ‘‘estate’’ and inserting ‘‘prop-
erty’’; and
(4) by inserting after paragraph (2) (as redesig-
nated by this Act) the following new paragraph:
‘‘(4) DISPOSAL AUTHORITY.—The President is
authorized to dispose of any interest in real property
acquired for use by the Administrator under this
subsection by sale, exchange, donation or otherwise
and any such interest in real property shall not be
subject to any of the provisions of section 120 except
the notice provisions of Section 120(h)(1). Any mon-
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eys received by the President pursuant to this sub-
paragraph shall be deposited in the Fund.’’.
SEC. 506. REMOVAL ACTIONS.
(a) Section 104(c)(1) of this Act is amended in sub-
paragraph (C) as follows—
(1) 
strike 
‘‘$2,000,000’’ 
and 
insert
‘‘$6,000,000’’;
(2) strike ‘‘12 months’’ and insert ‘‘three
years’’; and
(3) strike ‘‘consistent with the remedial action
to be taken’’ and insert ‘‘not inconsistent with any
remedial action that has been selected or is antici-
pated at the time of the removal action.’’.
(b) Section 117 of the Act is amended by adding after
subsection (k) (as added by this Act) the following new
subsection:
‘‘(l) REMOVAL ACTIONS.—Whenever the planning pe-
riod for a removal action is expected to be greater than
six months, the Administrator shall provide the commu-
nity with notice of the anticipated removal action and a
public comment period of no less than thirty days.’’.
SEC. 507. TRANSITION.
The provisions of this title shall become effective on
the date of enactment of this Act and shall apply to all
response actions for which a Record of Decision or other
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decision document is signed after the date of enactment
of the Act.
TITLE VI—MISCELLANEOUS
SEC. 601. INTERAGENCY AGREEMENTS AT MIXED OWNER-
SHIP AND MIXED RESPONSIBILITY FACILI-
TIES.
Section 120(e) of the Act (42 U.S.C. 9620(e)) is
amended by—
(a) inserting after paragraph (3) the following
new paragraph:
‘‘(4) A provision allowing for the participation
of other responsible parties in the response action.;’’
and
(b) inserting after paragraph (6) the following
new paragraphs:
‘‘(7) EXCEPTION
TO
REQUIRED
ACTION.—No
department, agency, and instrumentality of the
United States that owns or operates a facility over
which the department, agency, or instrumentality ex-
ercised no regulatory or other control over activities
that directly or indirectly resulted in a release or
threat of a release of a hazardous substance shall be
subject to the requirements of paragraphs (1)
through (6) except (5)(F) and (G) of this subsection
if the department, agency, or instrumentality dem-
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onstrates to the satisfaction of the Administrator
that—
‘‘(A) no department, agency, or instrumen-
tality was the primary or sole source or cause
of a release or threat of release of a hazardous
substance at the facility;
‘‘(B) the activities either directly or indi-
rectly resulting in a release or threat of a re-
lease of a hazardous substance at the facility
were pursuant to a statutory authority and oc-
curred prior to 1976; and
‘‘(C) the person or persons primarily or
solely responsible for such release or threat of
release are financially viable, and capable of
performing or financing the response action at
the facility.
In the event the above conditions are not met, the
applicable terms of section 120(e) apply to the de-
partment, agency, or instrumentality of the United
States at the facility. Upon determination by the
Administrator that a department, agency, or instru-
mentality qualifies for the exception provided by this
paragraph, the head of such department, agency, or
instrumentality may exercise enforcement authority
pursuant under section 106 (in addition to any other
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delegated authorities). To the extent a person who
has been issued an order under the authority of this
paragraph seeks reimbursement under the provisions
of section 106, the relevant department, agency, or
instrumentality, and not the Fund, shall be the
source of any appropriate reimbursement. If the Ad-
ministrator determines that the relevant department,
agency, or instrumentality has failed to seek the per-
formance of response actions by responsible parties
within 12 months after the facility has been listed
on the National Priorities List, the Administrator
may void the exception provided by this paragraph
and the applicable provisions or section 120(e) would
apply to the department, agency or instrumentality
at the facility.
SEC. 602. TRANSFERS OF UNCONTAMINATED PROPERTY.
Section 120(h)(4)(A) of the Act (42 U.S.C.
9620(h)(4)(A)) is amended by striking the words ‘‘stored
for one year or more,’’.
SEC. 603. AGREEMENTS TO TRANSFER BY DEED.
Section 120(h) of the Act (42 U.S.C. 9620(h)) is
amended by adding after paragraph (5) the following new
paragraph:
‘‘(6) AGREEMENTS TO TRANSFER BY DEED.—
Nothing in this subsection shall be construed to pro-
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hibit the head of the department, agency, or instru-
mentality of the United States from entering into an
agreement to transfer by deed real property or facili-
ties prior to the entering of such deed.’’.
SEC. 604. ALTERNATIVE OR INNOVATIVE TREATMENT
TECHNOLOGIES.
Section 111(a) of the Act of 1980 is amended by add-
ing after paragraph (6) the following new paragraph:
‘‘(7) ALTERNATIVE
OR
INNOVATIVE
TREAT-
MENT TECHNOLOGIES.—
‘‘(A) When a party potentially liable under
this Act undertakes a response action pursuant
to an administrative order or consent decree,
and employs an alternative or innovative tech-
nology that fails to achieve a level of response
required under this Act, the Administrator may
use the Fund to reimburse no more than fifty
percent of response costs incurred by the poten-
tially liable party in taking other actions ap-
proved by the Administrator to achieve these
required levels of response. The Administrator
shall issue guidance on the procedures and cri-
teria to be used in determining whether a reme-
dial technology constitutes an alternative or in-
novative technology for purposes of this sub-
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agency or instrumentality of the United States,
which acquired ownership or control of a vessel or
facility (or any right or interest therein)—
‘‘(i) in connection with the exercise of re-
ceivership or conservatorship authority or the
liquidation or winding up of the affairs of any
entity 
subject 
to 
a 
receivership 
or
conservatorship, including any subsidiary there-
of; or
‘‘(ii) in connection with the exercise of any
seizure or forfeiture authority; or
‘‘(iii) pursuant to an act of Congress speci-
fying the property to be acquired:
Provided, That the United States, or conservator or
receiver appointed by the United States does not
participate in the management of the vessel or facil-
ity operations that result in a release or threat of re-
lease of hazardous substances and complies with
such other requirements as the Administrator may
set forth by regulation.’’;
(e) in paragraph (23) adding at the end of the
paragraph the following: ‘‘The terms ‘remove’ or ‘re-
moval’ are not limited to emergency situations and
include actions to address future or potential expo-
sures and, provided such actions are consistent with
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the requirements of this Act, actions obviating the
need for a remedial action.’’;
(f) in paragraph (25) striking ‘‘related thereto’’,
and inserting ‘‘and oversight activities related there-
to when such activities are undertaken by the Presi-
dent.’’;
(g) in paragraph (29) striking the ‘‘.’’ after
‘‘Act’’ and inserting ‘‘, except that the term ‘‘haz-
ardous substance’’ shall be substituted for the term
‘‘hazardous waste’’ in the definitions of ‘‘disposal’’
and ‘‘treatment.’’;
(h) in paragraph (33) striking ‘‘; except that
the’’, and inserting ‘‘. The’’;
(i) adding after paragraph (38) the following
new paragraphs:
‘‘(39) BONA FIDE PROSPECTIVE PURCHASER.—
The term ‘bona fide prospective purchaser’ means a
person who acquires ownership of a facility after en-
actment of this provision, and who can establish by
a preponderance of the evidence that—
‘‘(A) all active disposal of hazardous sub-
stances at the facility occurred before that per-
son acquired the facility;
‘‘(B) the person conducted a site audit of
the facility in accordance with commercially
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reasonable and generally accepted standards
and practices. The Administrator shall have au-
thority to develop standards by guidance or reg-
ulation, or to designate standards promulgated
or developed by others, that satisfy this sub-
paragraph. In the case of property for residen-
tial or other similar use, a site inspection and
title search that reveal no basis for further in-
vestigation satisfy the requirements of this sub-
paragraph;
‘‘(C) the person provided all legally re-
quired notices with respect to the discovery or
release of any hazardous substances at the fa-
cility;
‘‘(D) the person exercised due care with re-
spect to hazardous substances found at the fa-
cility and took reasonably necessary steps to ad-
dress any release or threat of release of hazard-
ous substances and to protect human health
and the environment. The requirements of due
care and reasonably necessary steps with re-
spect to hazardous substances discovered at the
facility shall be conclusively established where
the person successfully completes a response ac-
tion pursuant to a State voluntary response
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program, as defined in section 127 of this title;
and
‘‘(E) the person provides full cooperation,
assistance, and facility access to those respon-
sible for response actions at the facility, includ-
ing the cooperation and access necessary for the
installation, integrity, operation, and mainte-
nance of any complete or partial response ac-
tion at the facility; and
‘‘(F) the person is not affiliated with any
other person liable for response costs at the fa-
cility, through any direct or indirect familial re-
lationship, or any contractual, corporate, or fi-
nancial relationship other than that created by
the instruments by which title to the facility is
conveyed or financed.
‘‘(40) FIDUCIARY.—
‘‘(A) Except as provided in subparagraph
(B), the term ‘fiduciary’ means a person who
owns or controls property—
‘‘(i) as a fiduciary within the meaning
of section 3(31) of the Employee Retire-
ment Income Security Act of 1974, or as
a trustee, executor, administrator, custo-
dian, guardian, conservator, or receiver
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acting for the exclusive benefit of another
person; and
‘‘(ii) who has not previously owned or
operated the property in a non-fiduciary
capacity.
‘‘(B) The term ‘fiduciary’ does not include
any person described in subparagraph (A)—
‘‘(i) who acquires ownership or control
of property to avoid the liability of such
person or any other person under this Act;
or
‘‘(ii) who owns or controls property on
behalf of or for the benefit of a holder of
a security interest.
‘‘(41) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means all waste materials
generated by households, including single and multi-
family residences, and hotels and motels. The term
also includes waste materials generated by commer-
cial, institutional, and industrial sources, to the ex-
tent such wastes (A) are essentially the same as
waste normally generated by households or (B) were
collected and disposed of with other municipal solid
waste or sewage sludge as part of normal municipal
solid waste collection services, and, regardless of
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when generated, would be considered conditionally
exempt small quantity generator waste under 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, of-
fice supplies, cosmetics, glass and metal food con-
tainers, elementary or secondary school science lab-
oratory waste, and household hazardous waste (such
as painting, cleaning, gardening, and automotive
supplies). The term ‘municipal solid waste’ does not
include combustion ash generated by resource recov-
ery facilities or municipal incinerators, or waste
from manufacturing or processing (including pollu-
tion control) operations not essentially the same as
waste normally generated by households.
‘‘(42) MUNICIPALITY.—The term ‘municipality’
means a political subdivision of a State, including
cities, counties, villages, towns, townships, boroughs,
parishes, school districts, sanitation districts, water
districts, and other public entities performing local
governmental functions. The term also includes a
natural person acting in the capacity of an official,
employee, or agent of a municipality in the perform-
ance of governmental functions.
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‘‘(43) QUALIFIED
HOUSEHOLD
HAZARDOUS
WASTE COLLECTION PROGRAM.—The term ‘qualified
household hazardous waste collection program’
means a program established by an entity of the fed-
eral government, a state, municipality, or Indian
tribe that provides, at a minimum, for semiannual
collection of household hazardous wastes at acces-
sible, well-publicized collection points within the rel-
evant jurisdiction.
‘‘(44) 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.
‘‘(45) SITE
CHARACTERIZATION.—The term
‘site characterization’ means an investigation that
determines the nature and extent of a release or po-
tential release of a hazardous substance, pollutant or
contaminant, and that includes an onsite evaluation
and sufficient testing, sampling and other field data
gathering activities to analyze whether there has
been a release or threat of a release of a hazardous
substance, pollutant or contaminant, and the health
and environmental risks posed by such a release or
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threat of release. The investigation also may include
review of existing information (available at the time
of the review), an off-site evaluation, or other meas-
ures as the Administrator deems appropriate.
‘‘(46) VOLUNTARY RESPONSE.—The term ‘vol-
untary response’ means a response action—
‘‘(A) undertaken and financed by a current
owner or prospective purchaser under a vol-
untary response program; and
‘‘(B) with respect to which the current
owner or prospective purchaser agrees to pay all
State oversight costs.’’.
SEC. 606. CONFORMING AMENDMENT.
Section 126(a) of the Act (42 U.S.C. 9626(a)) is
amended by adding, after ‘‘section 104(i) (regarding
health authorities),’’ the phrase ‘‘section 127 (regarding
State authority), section 120 (regarding voluntary re-
sponse actions),’’.
TITLE VII—FUNDING
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 111(a) of the Act is amended by striking
‘‘$8,500,000,000 for the 5-year period beginning on Octo-
ber 17, 1986, and not more than $5,100,000,000 for the
period commencing October 1, 1991, and ending Septem-
ber 30, 1994’’ and inserting ‘‘$9,600,000,000 for the pe-
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riod commencing October 1, 1994, and ending September
30, 1999’’.
SEC. 702. ORPHAN SHARE FUNDING.
Section 111(a) is amended by adding after paragraph
(7) (as added by this Act) the following new paragraph:
‘‘(8) ORPHAN
SHARE
FUNDING.—Payment of
orphan shares pursuant to section 122a(e) of this
Act.’’.
SEC. 703. AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGISTRY.
Section 111(m) of the Act is amended to read as fol-
lows:
‘‘(m) 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 sub-
section (c)(4) of this section and section 104(i) of this Act
not less than $80,000,000 per fiscal year for each of fiscal
years 1995, 1996, 1997, 1998, and 1999. Any funds so
made available which are not obligated by the end of the
fiscal year in which made available shall be turned to the
Fund.’’.
SEC. 704. LIMITATIONS ON RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAMS.
Section 111(n) of the Act is amended to read as fol-
lows:
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‘‘(1) SECTION 311(b).—For each of the fiscal
years 1995, 1996, 1997, 1998, and 1999, not more
than $20,000,000 of the amounts available in the
Fund may be used for the purposes of carrying out
the applied research, development, and demonstra-
tion program for alternative or innovative tech-
nologies and training program authorized under sec-
tion 311(b) of this title (relating to research, devel-
opment, demonstration) other than basic research.
Such amounts shall remain available until expended.
‘‘(2) 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 1995 $40,000,000.
‘‘(B) For fiscal year 1996 $50,000,000.
‘‘(C) For fiscal year 1997 $55,000,000.
‘‘(D) For fiscal year 1998 $55,000,000.
‘‘(E) For fiscal year 1999 $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.
‘‘(3) SECTION 311(d).—For each of the fiscal
years 1995, 1996, 1997, 1998, and 1999, not more
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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).’’.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS FROM
GENERAL REVENUES.
Section 111(p)(1) of the Act 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 1995, $250,000,000.
‘‘(B) For fiscal year 1996, $250,000,000.
‘‘(C) For fiscal year 1997, $250,000,000.
‘‘(D) For fiscal year 1998, $250,000,000.
‘‘(E) For fiscal year 1999, $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.’’.
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SEC. 706. ADDITIONAL LIMITATIONS.
Section 111 of the Act is amended by adding after
subsection (p) the following new subsections:
‘‘(q) ALTERNATIVE
OR INNOVATIVE TREATMENT
TECHNOLOGIES.—For each of the fiscal years 1995,
1996, 1997, 1998, and 1999, not more than $40,000,000
of the amounts available in the Fund may be used for the
purposes of subsection (a)(7) of this section (relating to
alternative or innovative treatment technologies).
‘‘(r) CITIZEN
INFORMATION
AND
ACCESS
OF-
FICES.—For each of the fiscal years 1995, 1996, 1997,
1998, and 1999, not more than $50,000,000 of the
amounts available in the Fund may be used for the pur-
poses of section 117(j) of this Act (relating to citizen in-
formation and access offices).
‘‘(s) MULTIPLE SOURCES OF RISK DEMONSTRATION
PROJECTS.—For the period commencing October 1, 1994
and ending September 30, 1999, not more than
$30,000,000 of the amounts available in the Fund may
be used for the purposes of section 117(k) if this Act (re-
lating to multiple sources of risk demonstration
projects).’’.
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TITLE VIII—ENVIRONMENTAL INSURANCE
RESOLUTION FUND
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Environmental Insur-
ance Resolution and Equity Act of 1994’’.
SEC. 
802. 
ENVIRONMENTAL 
INSURANCE 
RESOLUTION
FUND.
(a) 
ENVIRONMENTAL
INSURANCE
RESOLUTION
FUND ESTABLISHED.—There is hereby established the
Environmental Insurance Resolution Fund (hereinafter
referred to as the ‘‘Resolution Fund’’).
(b) OFFICES.—The principal office of the Resolution
Fund shall be in the District of Columbia or at such other
place as the Resolution Fund may from time to time pre-
scribe.
(c) STATUS OF RESOLUTION FUND.—Except as ex-
pressly provided in this title, the Resolution Fund shall
not be considered an agency or establishment of the
United States. The members of the Board of Trustees
shall not, by reason of such membership, be deemed to
be officers or employees of the United States.
(d) BOARD OF TRUSTEES.—
(1) IN GENERAL.—The Resolution Fund shall
be administered by a Board of Trustees (Board).
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(2) MEMBERSHIP.—The Board shall consist of
the following:
(A) GOVERNMENTAL MEMBERS.—
(i) The Administrator of the Environ-
mental Protection Agency.
(ii) The Attorney General of the
United States.
(B) PUBLIC MEMBERS.—Five public mem-
bers appointed by the President not later than
60 days after the date of enactment of this
title, not less than two of whom shall represent
insurers subject section ll of the Internal
Revenue Code of 1986, and not less than two
of whom shall represent eligible persons defined
in subsection (g)(2)(A). The public members
shall be citizens of the United States.
(C) EX-OFFICIO MEMBER.—The Secretary
of the Treasury shall serve as an ex officio
member of the Board.
(3) CHAIR.—The Chair of the Board shall be
designated by the President from time to time from
among the members described in paragraph (2)(A).
No expenditure may be made, or other action taken,
by the Resolution Fund without the concurrence of
the Chair of the Board.
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(4) COMPENSATION.—Governmental members
of the Board shall serve without additional com-
pensation. Public members of the Board shall, while
attending meetings of the Board or while engaged in
duties related to such meetings or other activities of
the Board pursuant to this title, be entitled to re-
ceive compensation at the rate of $200 per day, in-
cluding travel time. While away from their homes or
regular places of business, members of the Board
shall be allowed travel and actual, reasonable and
necessary expenses to the same extent as officers of
the United States.
(5) TERM OF PUBLIC MEMBERS.—Public mem-
bers of the Board shall serve for a term of 5 years,
except that such members may be removed by the
President for any reason at any time. A public mem-
ber whose term has expired may continue to serve
on the Board until such time as the President ap-
points a successor. The President may reappoint a
public member of the Board, but no such member
may consecutively serve more than two terms.
(6) VACANCIES.—A vacancy on the Board shall
be filled in the same manner as the original appoint-
ment, except that such appointment shall be for the
balance of the unexpired term of the vacant position.
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(7) QUORUM.—Four members of the Board
shall constitute a quorum for the conduct of busi-
ness.
(8) MEETINGS.—The Board shall meet not less
than quarterly at the call of the Chair. Meetings of
the Board shall be open to the public unless the
Board, by a majority vote of members present in
open session, determines that it is necessary or ap-
propriate to close a meeting. The Chair shall provide
at least 10 days notice of a meeting by publishing
a notice in the Federal Register and such notice
shall indicate whether it is expected that the Board
will consider closing all or a portion of the meeting.
Nothing in this paragraph shall be construed to
apply to informal discussions or meetings among
Board members.
(e) OFFICERS AND EMPLOYEES.—
(1) CHIEF EXECUTIVE OFFICER; CHIEF FINAN-
CIAL OFFICER.—
(A) The Resolution Fund shall have a
Chief Executive Officer appointed by the Board
who shall exercise any authority of the Resolu-
tion Fund under such terms and conditions as
the Board may prescribe.
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(B) The Resolution Fund shall have a
Chief Financial Officer appointed by the Board.
(2) COMPENSATION.—No officer or employee of
the Resolution Fund may be compensated by the
Resolution Fund at an annual rate of pay which ex-
ceeds the rate of basic pay in effect from time to
time for level I of the Executive Schedule under sec-
tion 5312 of title 5, United States Code. No officer
or employee of the Resolution Fund, other than a
member of the Board, may receive any salary or
other compensation from any source other than the
Resolution Fund for services rendered during the pe-
riod of employment by the Resolution Fund.
(3) POLITICAL TEST OR QUALIFICATION.—No
political test or qualification shall be used in select-
ing, appointing, promoting, or taking other person-
nel actions with respect to officers, agents, and em-
ployees of the Resolution Fund.
(4) ASSISTANCE BY FEDERAL AGENCIES.—The
Attorney General, the Secretary of the Treasury,
and the Administrator of the Environmental Protec-
tion Agency, may to the extent practicable and fea-
sible, and in their sole discretion, make personnel
and other resources available to the Resolution
Fund. Such personnel and resources may be pro-
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vided on a reimbursable basis, and any personnel so
provided shall not be considered employees of the
Resolution Fund for purposes of paragraph (2).
(f) POWERS OF RESOLUTION FUND.—Notwithstand-
ing any other provision of law, except as provided in this
title or as may be hereafter enacted by the Congress ex-
pressly in limitation of the provisions of this paragraph,
the Resolution Fund shall have power—
(1) to have succession until dissolved by Act of
Congress;
(2) to make and enforce such bylaws, rules and
regulations as may be necessary or appropriate to
carry out the purposes of this title;
(3) to make and perform contracts, agreements,
and commitments;
(4) to settle, adjust, and compromise, and with
or without consideration or benefit to the Resolution
Fund release or waive in whole or in part, in ad-
vance or otherwise, any claim, demand, or right of,
by, or against the Resolution Fund;
(5) to sue and be sued, complain and defend, in
any State, Federal or other court;
(6) to determine its necessary expenditures and
the manner in which the same shall be incurred, al-
lowed, and paid, and appoint, employ, and fix and
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provide for the duties, compensation and benefits of
officers, employees, attorneys, and agents, all of
whom shall serve at the pleasure of the Board;
(7) to invest funds, through the Secretary of
the Treasury, in interest bearing securities of the
United States suitable to the needs of the Resolution
Fund: Provided, that interest earned on such invest-
ments shall be retained by the Resolution Fund and
used consistent with the purposes of this title;
(8) to hire or accept the voluntary services of
consultants, experts, advisory boards, and panels to
aid the Resolution Fund in carrying out the pur-
poses of this title; and
(9) to take such other actions as may be nec-
essary to carry out the responsibilities of the Resolu-
tion Fund under this title.
Nothing in this subsection or any other provision of this
title shall be construed to permit the Resolution Fund to
issue any evidence of indebtedness or otherwise borrow
money.
(g) RESOLUTION OF DISPUTES BETWEEN INSUREDS
AND INSURERS.—
(1) IN GENERAL.—The Resolution Fund shall
offer a comprehensive resolution described in this
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subsection with respect to all eligible costs of an eli-
gible person at eligible sites.
(2) DEFINITIONS.—
(A) ELIGIBLE PERSON.—For purposes of
this subsection, the term ‘‘eligible person’’
means any individual, firm, corporation, asso-
ciation, partnership, consortium, joint venture,
commercial entity or governmental unit (includ-
ing any predecessor in interest or any subsidi-
ary thereof) that satisfies the following criteria:
(i) STATUS AS POTENTIALLY RESPON-
SIBLE PARTY.—An eligible person—
(I) shall have been named at any
time as a potentially responsible party
pursuant to the Comprehensive Envi-
ronmental Response, Compensation
and Liability Act with respect to an
eligible site on the National Priority
List in connection with a hazardous
substance that was disposed of on or
before December 31, 1985; or
(II) is or was liable, or alleged to
be liable, at any time for removal (as
defined in section 101(23) of the
Comprehensive 
Environmental 
Re-
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sponse, Compensation and Liability
Act (42 U.S.C. 9601(23)) at any eligi-
ble site in connection with a hazard-
ous substance that was disposed of on
or before December 31, 1985.
(ii) INSURANCE COVERAGE.—An eligi-
ble person shall have demonstrated, to the
satisfaction of the Resolution Fund, that
such person had entered into a valid con-
tract for comprehensive general liability
(including broad form liability, general li-
ability, commercial general liability, and
excess or umbrella coverage) or commercial
multi-peril (including broad form property,
commercial package, special multi-peril,
and excess or umbrella coverage) insurance
coverage—
(I) for any seven years in any
consecutive 14 year period prior to
January 1, 1986; or
(II) in the case of a person that
has been in existence for less than 14
years prior to January 1, 1986, for at
least one-half of such years of exist-
ence.
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For purposes of this clause, a valid con-
tract for insurance shall not include any
contract for insurance with respect to
which a person has entered into a settle-
ment with an insurer providing, or where
a judgment has provided, that the contract
has been satisfied and that such person
has no right to make any further claims
under such contract.
(B) ELIGIBLE COSTS.—
(i) IN
GENERAL.—For purposes of
this subsection, the term ‘‘eligible costs’’
means costs described in clause (ii) or (iii)
incurred with respect to a hazardous sub-
stance that was disposed of on or before
December 31, 1958—
(I) for which an eligible person
has not been reimbursed; or
(II) for which an eligible person
has been reimbursed and that are the
subject of a dispute between the eligi-
ble person and an insurer.
(ii) NPL SITES.—With respect to an
eligible site described in subparagraph
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(C)(i), eligible costs means costs described
in clause (i)—
(I) of response (as defined in sec-
tion 101(25) of the Comprehensive
Environmental Response, Compensa-
tion and Liability Act (42 U.S.C.
9601(25));
(II) for natural resources dam-
ages; or
(III) to defend potential liability
(including, but not limited to, attorney’s
fees, costs of suit, consultant and expert
fees and costs, and expenses for testing
and monitoring).
(iii) NON-NPL SITES.—With respect to
an eligible site described in paragraph
(C)(ii), eligible costs means costs described
in clause (i)—
(I) of removal (as defined in sec-
tion 101(23) of the Comprehensive
Environmental Response, Compensa-
tion and Liability Act (42 U.S.C.
9601(23)); or
(II) to defend potential liability
(including, but not limited to, attor-