I
106TH CONGRESS
1ST SESSION
H. R. 2956
To reauthorize the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 1999
Mr. PALLONE (for himself, Mr. WAXMAN, Mr. MARKEY, Mr. LEWIS of Geor-
gia, Mr. HINCHEY, Mr. RUSH, Ms. DELAURO, Ms. PELOSI, Ms.
MILLENDER-MCDONALD, Mr. DELAHUNT, Mr. BARRETT of Wisconsin,
Mr. PAYNE, Mrs. CHRISTENSEN, Mr. STARK, Mr. SANDERS, Mr.
GUTIERREZ, Mr. KUCINICH, Ms. DEGETTE, Mr. BERMAN, Mr. BROWN
of Ohio, Mr. CONYERS, Mr. TOWNS, Mr. OLVER, Mr. FARR of California,
Mr. JACKSON of Illinois, Mrs. CLAYTON, Ms. JACKSON-LEE of Texas, Mr.
OWENS, Mr. VENTO, Mrs. LOWEY, and Mr. GEORGE MILLER of Cali-
fornia) introduced the following bill; which was referred to the Committee
on Commerce, and in addition to the Committees on Transportation and
Infrastructure, and Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To reauthorize the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
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 ‘‘Children’s Protection
and Community Cleanup Act of 1999’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—REMEDY
Sec. 101. Amendments relating to selection of remedial action.
Sec. 102. Authorities for institutional controls.
Sec. 103. Amendments relating to response authorities.
TITLE II—COMMUNITY PARTICIPATION AND HUMAN HEALTH
Subtitle A—Community Participation
Sec. 201. Definitions.
Sec. 202. Public participation.
Sec. 203. Community Information and Access Offices.
Sec. 204. Community Advisory Groups.
Sec. 205. Technical outreach services for communities.
Sec. 206. Recruitment and training program.
Subtitle B—Human Health
Sec. 211. Disease registry and health care providers.
Sec. 212. Substance profiles.
Sec. 213. Exposure levels.
Sec. 214. Health studies.
Sec. 215. Relocation of individuals.
Sec. 216. Grant awards, contracts, and community assistance activities.
Sec. 217. Indian health provisions.
Sec. 218. Public health recommendations in remedial actions.
Subtitle C—General Provisions
Sec. 221. Transition.
TITLE III—RIGHT TO KNOW
Sec. 301. Right to know.
Sec. 302. Unstudied chemical release forms.
TITLE IV—ENVIRONMENTAL JUSTICE
Sec. 401. Environmental justice.
TITLE V—CHILDREN’S ENVIRONMENTAL HEALTH
Sec. 501. Children’s environmental health.
TITLE VI—BROWNFIELD REMEDIATION AND ENVIRONMENTAL
CLEANUP
Subtitle A—Brownfields
Sec. 601. Brownfields title.
Sec. 602. Research, development, and demonstration.
Sec. 603. Assistance for workforce training.
Subtitle B—Innocent Landowners and Prospective Purchaser Liability
Sec. 621. Innocent landowners.
Sec. 622. Limitations on liability for response costs for prospective purchasers.
Sec. 623. Contiguous or nearby properties.
Subtitle C—Department of Housing and Urban Development Brownfield
Grants
Sec. 631. Economic development grants in connection with community develop-
ment loan guarantees.
TITLE VII—NATURAL RESOURCE DAMAGES
Sec. 701. Liability for natural resources damages.
Sec. 702. Limitations on liability.
Sec. 703. Damage assessment.
Sec. 704. Standard of review.
Sec. 705. Contaminated sediments.
Sec. 706. Recruitment and training program.
Sec. 707. Statute of limitations.
Sec. 708. Archaeological resources.
Sec. 709. Citizen suits.
Sec. 710. Transition rules.
TITLE VIII—FEDERAL FACILITIES
Sec. 801. Federal entities and facilities.
Sec. 802. Adjoining States.
Sec. 803. Enforceability of Federal compliance agreements.
TITLE IX—LIABILITY
Sec. 901. Liability exemptions.
TITLE X—FUNDING
Sec. 1001. Authorization of appropriations.
Sec. 1002. Agency for Toxic Substances and Disease Registry.
Sec. 1003. Limitations on research, development, and demonstration program.
Sec. 1004. Authorization of appropriations from general revenues.
Sec. 1005. Additional limitations.
Sec. 1006. Worker training and education grants.
Sec. 1007. Extension of Hazardous Substance Superfund.
TITLE XI—MISCELLANEOUS
Sec. 1101. Penalties.
Sec. 1102. Employee protection.
Sec. 1103. Radioactively contaminated sites.
TITLE I—REMEDY
SEC. 101. AMENDMENTS RELATING TO SELECTION OF RE-
MEDIAL ACTION.
(a) AMENDMENTS TO GENERAL RULES.—(1) Section
121(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(b)) is amended in paragraph (1)—
(A) by striking ‘‘In making such assessment’’
and all that follows through ‘‘or containment.’’ at
the end of subparagraph (G); and
(B) by inserting after ‘‘to the maximum extent
practicable.’’ the following: ‘‘Remedial actions shall
make contaminated property available for beneficial
use to the maximum extent practicable. Wherever
technically feasible, remedial actions shall protect
uncontaminated ground water and surface water,
and restore contaminated ground water and surface
water to beneficial uses in a time period that is rea-
sonable given the particular circumstances of the re-
lease.’’.
(2) Section 121(b) of such Act is further amended—
(A) by redesignating paragraph (2) as para-
graph (3); and
(B) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) In assessing alternative remedial actions and in
selecting a remedial action, the President shall comply
with paragraph (1) and, at a minimum, take into account
each of the following:
‘‘(A) The effectiveness of the remedy in pro-
tecting human health and the environment, including
consideration of fetuses, children, and other highly
exposed, highly susceptible, or differentially suscep-
tible subpopulations.
‘‘(B) The ability of the remedy to maintain a
consistent level of protection of human health and
the environment over the long term, considering the
preference for treatment set forth in the first sen-
tence of paragraph (1) of this subsection, the long-
term uncertainty associated with containment and
institutional controls, and the consequences of rem-
edy failure.
‘‘(C) Any short-term risk posed by the imple-
mentation of the remedy to the affected community,
to those engaged in the cleanup effort, and to the
environment.
‘‘(D) The implementability of the remedy.
‘‘(E) The acceptability of the remedy to the af-
fected community.
‘‘(F) Any consensus recommendation of the
Community Advisory Group with respect to land
use.
‘‘(G) The potential for future remedial action
costs if the alternative remedial action in question
were to fail.
‘‘(H) The acceptability of the remedy to the
State in which the facility is located or to the Indian
Tribe if the facility is located in Indian country (as
defined in section 1151 of title 18 United States
Code).
‘‘(I) Other environmental exposures to haz-
ardous substances, pollutants, or contaminants in
the affected community, including those identified
under section 117(k).’’.
(b) AMENDMENT OF SITE REVIEW REQUIREMENT.—
Section 121(c) of such Act is amended by striking in the
first sentence ‘‘the initiation of’’ and inserting ‘‘construc-
tion and installation of equipment and structures to be
used for’’ and by adding the following after the first sen-
tence: ‘‘The President shall review the effectiveness of,
legal efficacy of, and compliance with any institutional
controls related to the remedial action during the review.’’.
(c) AMENDMENTS RELATING TO DEGREE OF CLEAN-
UP.—
(1) Section 121(d) of such Act is amended—
(A) by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5), respec-
tively; and
(B) by inserting after paragraph (1) the
following:
‘‘(2) Unless the President determines that a risk-
based standard for a contaminant is based on data and
assumptions that are clearly adequate to assure that the
standard will be protective of children’s health, the reme-
dial action selected by the President shall, to the max-
imum extent technically feasible, reduce contamination to
background levels (where more stringent) with respect to
that contaminant. The President may not select a reme-
dial action that allows hazardous substances, pollutants,
or contaminants to remain on site at a facility above levels
that would be protective for unrestricted use unless insti-
tutional controls are incorporated into the remedial action
to achieve protection of human health and the environ-
ment during and after completion of the remedial action
in accordance with subsection (g).’’.
(2) Subparagraph (A) of section 121(d)(3) of
such Act, as so redesignated, is amended as follows:
(A) By inserting after ‘‘is legally applica-
ble’’ the following: ‘‘to the conduct or operation
of the remedial action or’’.
(B) By inserting ‘‘or Tribal’’ after ‘‘a
State’’ and after ‘‘such State’’ and by inserting
‘‘or Tribe’’ after ‘‘the State’’.
(3) Subsection (d)(3) of such Act, as so redesig-
nated, is amended—
(A) by redesignating subparagraphs (B)
and (C) as subparagraphs (C) and (D), respec-
tively; and
(B) by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B)(i) In the case of a remedial action for which
the President makes a determination described in clause
(ii), the President shall ensure that the remedial action
attains levels or standards of control that are protective
of human health and the environment.
‘‘(ii) The determination referred to in clause (i) is a
determination by the President with respect to a remedial
action that—
‘‘(I) no applicable Federal, State, or Tribal
standard, requirement, criteria, or limitation has
been established for a specific hazardous substance,
pollutant, or contaminant present at the facility at
which the remedial action is being undertaken; or
‘‘(II) in the case of a remedial action at a facil-
ity where there are multiple hazardous substances,
pollutants, or contaminants, the remedial action is
not protective of human health and the environment
even though applicable standards, requirements, cri-
teria, or limitations would be attained.
‘‘(iii) In the case of a remedial action for a release
or threatened release of a hazardous substance, pollutant,
or contaminant into a source of drinking water, if the
President makes a determination described in clause
(ii)(I), the President shall consider proposed maximum
contaminant level goals under the Safe Drinking Water
Act, health advisories, and other relevant information in
ensuring that the remedial action attains levels or stand-
ards of control that are protective of human health and
the environment.’’.
(4) Subparagraph (D) of section 121(d)(3) of
such Act, as so redesignated, is amended by striking
clause (iv).
(5) Section 121(d)(5) of such Act, as so redes-
ignated, is amended—
(A) in the matter preceding subparagraph
(A)—
(i) by striking ‘‘paragraph (1)’’ and
inserting ‘‘paragraphs (1) and (2)’’;
(ii) by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraph (3)’’;
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (A),
(B), (D), (E), and (F) as clauses (i), (ii), (iii),
(iv), and (v), respectively;
(D) by capitalizing the first word in each
of those clauses (as so redesignated);
(E) by striking the semicolon and inserting
a period at the end of each of clauses (i), (ii),
and (iii) (as so redesignated);
(F) by striking ‘‘; or’’ at the end of clause
(iv) (as so redesignated) and inserting a period;
(G) by striking ‘‘President finds that—’’
and inserting ‘‘President finds any of the fol-
lowing:’’;
(H) by inserting ‘‘(A)’’ before ‘‘The Presi-
dent may select’’;
(I) by designating the text following clause
(v) (as so redesignated) as subparagraph (B);
and
(J) by adding at the end the following new
subparagraph:
‘‘(C) In any case where the President, in making a
finding pursuant to this paragraph, waives any require-
ment, standard, criteria, or limitation specified under
paragraph (3)(A) relating to contaminated ground water
or surface water, the President shall select an appropriate
remedy for contaminated ground water or surface water
which meets, at a minimum, the following requirements:
‘‘(i) Prevention or elimination of any human in-
gestion of or exposure to water containing any haz-
ardous substance, pollutant, or contaminant at levels
in excess of the levels specified under paragraph
(3)(A) including, as appropriate, the provision of an
alternate water supply.
‘‘(ii) To the extent technically feasible, contain-
ment and treatment of source areas that may con-
tinue to release hazardous substances, pollutants, or
contaminants to ground or surface waters.
‘‘(iii) Unless technically infeasible, prevention of
further contamination or impairment of any surface
water designated use established under section 303
of the Federal Water Pollution Control Act caused
by such hazardous substance, pollutant, or contami-
nant in any surface water body into which such con-
taminated ground water is known or expected to
enter.
‘‘(iv) Unless technically infeasible, containment
of ground water contamination, except where limited
migration of contamination is necessary to facilitate
restoration of ground water to beneficial use.
‘‘(v) Provision for long-term monitoring of such
ground water until contaminants are no longer
present (including any information needed for the
purposes of review under subsection (c)).
‘‘(vi) Assurance that, if the President has se-
lected alternative sources of water supply or methods
of treating contaminated water, including point-of-
entry treatment, the party or parties otherwise re-
sponsible for remediation shall assume responsibility
and liability for providing water for domestic use
meeting the requirements of levels specified in para-
graph (3)(A), including all associated incremental
costs for operation, maintenance, and delivery of
water for present and anticipated future domestic
uses until such time as the level of contamination is
consistently below the levels specified by paragraph
(3)(A).’’.
(d) INSTITUTIONAL CONTROLS.—Section 121 of such
Act is further amended by adding at the end the following
new subsection:
‘‘(g) INSTITUTIONAL CONTROLS.—
‘‘(1) REQUIREMENT
FOR
USE
OF
INSTITU-
TIONAL CONTROLS IN CERTAIN CIRCUMSTANCES.—
The President may not select a remedial action that
allows hazardous substances, pollutants, or contami-
nants to remain at a facility above levels that would
be protective for unrestricted use unless institutional
controls meeting the requirements of section 104 are
incorporated into the remedial action. Whenever
such controls are selected, the President shall ensure
that the terms of the controls are specified in all ap-
propriate decision documents, enforcement orders,
and public information regarding the site. The
President may use institutional controls as a supple-
ment to, but not as a substitute for, other response
measures under this Act.
‘‘(2) ASSURANCES.—In any case in which the
President selects a response action that relies on in-
stitutional controls to provide protection, the Presi-
dent shall—
‘‘(A) ensure that such controls are ade-
quate to protect, over the long term, human
health and the environment, including fetuses,
children, and other highly exposed, highly sus-
ceptible, or differentially susceptible subpopula-
tions;
‘‘(B) require measures to ensure that such
controls will be appropriately implemented,
monitored, and enforced;
‘‘(C) ensure that such controls are devel-
oped in consultation with and are acceptable to
the affected community;
‘‘(D) upon adoption of such controls, en-
sure that public notice is given and that the
controls are identified in the register estab-
lished under section 104(k)(2)(H) and incor-
porated in the recordation systems of the ap-
propriate jurisdiction in which the property is
located; and
‘‘(E) ensure that such controls shall re-
main in effect until terminated in accordance
with section 104(k)(2)(F).
‘‘(3) USE OF INSTITUTIONAL CONTROLS.—
‘‘(A) TERMS OF CONTROLS TO BE SPECI-
FIED IN DECISION DOCUMENTS.—Whenever in-
stitutional controls are selected as a component
of a response action, the President shall ensure
that the terms of the controls are specified in
all appropriate decision documents, enforcement
orders, and public information regarding the
site. At a minimum, the President shall specify
the government official who is primarily respon-
sible for monitoring and enforcing the institu-
tional controls. Each record of decision with re-
spect to a facility shall clearly identify any in-
stitutional controls that restrict uses of land or
other resources or other activities at the facility.
‘‘(B) CHANGES IN CONTROLS.—Any such
change shall be undertaken consistent with sec-
tion 117 and notice shall be given pursuant to
the requirements of section 104.
‘‘(4) FACILITY FUND.—
‘‘(A) IN GENERAL.—In the case of a facil-
ity for which the selected remedial action is
containment or which otherwise results in haz-
ardous substances, pollutants, or contaminants
remaining on site above levels that would allow
for unrestricted use of the facility, a fund shall
be established specifically for that facility in an
amount sufficient to guarantee successful per-
formance of a remedy at the facility and, to the
extent technically feasible, future beneficial
reuse. The fund shall consist of amounts depos-
ited into it by potentially responsible parties.
‘‘(B) 
USE
OF
FACILITY
FUND.—The
amounts in the fund shall be used at the facility
for (i) costs of any response necessary in the
event that the remedial action is not protective
of human health and the environment; and (ii)
costs of any further reductions in the volume,
toxicity, or mobility of any hazardous sub-
stance, pollutant, or contaminant remaining on
site that are facilitated by the development of
new technologies. Such costs shall be response
costs under section 107(a). The President may,
in his discretion, require a fund to be estab-
lished as a condition of settlement under section
122.
‘‘(5) REPORT
TO
CONGRESS.—The Adminis-
trator shall, before February 1, 2001, and annually
thereafter, report to Congress for each record of de-
cision signed during the previous fiscal year, the
type of institutional controls and media affected, and
the institution designated to monitor, enforce, and
ensure compliance with the institutional controls.’’.
(e) 
PROCEDURAL
REQUIREMENTS; 
ENFORCE-
MENT.—Section 121(e)(1) of such Act is amended by add-
ing the following at the end thereof: ‘‘Except for record-
keeping and reporting, procedural requirements of State
laws shall not apply to the portion of any removal or reme-
dial action conducted entirely onsite.’’.
(f) DEFINITION
OF TECHNICALLY INFEASIBLE.—
Section 121 of such Act is further amended by adding at
the end the following new subsection:
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘technically infeasible’ means
that a technology or combination of technologies
that would be able to achieve a required outcome
does not exist.
‘‘(2) The term ‘maximum extent technically fea-
sible’ means that to the extent that a technology or
combination of technologies that is able to achieve a
required outcome exists, it should be used to its full-
est ability to achieve that required outcome.’’.
(g) TRANSITION.—
(1) EFFECTIVE DATE.—This section, and the
amendments made by this section, shall become ef-
fective 180 days after the date of enactment of this
Act. Remedies selected under the Comprehensive
Environmental Response, Compensation, and Liabil-
ity Act of 1980 following that effective date shall be
selected as provided in section 121(b) of that Act (as
amended by this Act) and subject to the Federal and
State requirements specified in paragraphs (2) and
(3) of section 121(d) of that Act (as amended by
this Act).
(2) PRIOR RODS.—(A) Nothing in this Act shall
place upon the Administrator an obligation to reopen
a record of decision signed prior to the effective date
of this section.
(B) If, pursuant to section 117 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980, the Administrator deter-
mines that a change to a record of decision signed
prior to the effective date of this section is nec-
essary, the Administrator may apply the rules in ef-
fect at the time the original record of decision was
signed.
SEC. 102. AUTHORITIES FOR INSTITUTIONAL CONTROLS.
Section 104 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604) is amended by adding at the end the fol-
lowing:
‘‘(k) INSTITUTIONAL CONTROL INSTRUMENTS.—
‘‘(1) IN GENERAL.—In any response action that
includes institutional controls, the President shall
use one or more of the types of institutional control
instruments under paragraph (3). Any institutional
control instrument that is used in a response action
shall meet the criteria of paragraph (2). Any institu-
tional control instrument may include terms regard-
ing site access by persons involved in carrying out
the response action.
‘‘(2) CRITERIA.—
‘‘(A) CONTENT OF INSTRUMENTS.—An in-
stitutional control instrument shall contain, at a
minimum—
‘‘(i) a legal description of the property
affected;
‘‘(ii) the name or names of any cur-
rent owner or owners of the property as re-
flected in public land records;
‘‘(iii) a description of the release or
threatened release; and
‘‘(iv) a statement as to the nature of
the restriction, limitation, or control cre-
ated by the institutional control instru-
ment.
‘‘(B) USE
RESTRICTION
NOTICE.—If the
President adopts an institutional control instru-
ment (or, in the case of an assignable instru-
ment, assigns it to another party), the Presi-
dent shall record a notice of property use re-
striction in the public land records for the juris-
diction in which the affected property is located.
Such a notice shall specify restrictions, limita-
tions, or controls on the use of the land or
other natural resources provided for in the in-
stitutional control instrument. If a particular
institutional control instrument applies to a
large number of properties such that compli-
ance with this notice requirement is impractical,
the President may substitute another mecha-
nism for providing continuing notice of property
use restriction.
‘‘(C) FILING OF NOTICE.—If recording in
the public land records is required under this
subsection, the President shall file the notice or
other document in the appropriate office within
the State (or governmental subdivision) in
which the affected property is located, as des-
ignated by State law. If the State has not by
law designated one office for the recording of
interests in real property or claims or rights
burdening real property, the notice or other
document shall be filed in the office of the clerk
of the United States district court for the dis-
trict in which the affected property is located
and the registry established under subpara-
graph (H).
‘‘(D) PERSONS
SUBJECT
TO
INSTRU-
MENTS.—An institutional control instrument
shall be enforceable in perpetuity (unless termi-
nated and released as provided for in this sec-
tion) against any holder of an interest in the af-
fected property at the time the instrument is
adopted and all persons who subsequently ac-
quire an interest in the property or rights to
use the property, including lessees, licensees,
and any other person with an interest in the
property. In the case of easements, such ease-
ments shall apply without respect to privity or
lack of privity of estate or contract, lack of ben-
efit running to any other property, assignment
of the easement to another party or sale or
other transfer of the burdened property, or any
other circumstance which might otherwise af-
fect the enforceability of easements or similar
deed restrictions under the laws of the State.
The instrument shall be binding upon holders
of any other interests in the property regardless
of whether such interests are recorded or
whether they were recorded prior or subsequent
to adoption of the instrument, and shall remain
in effect notwithstanding any foreclosure or
other assertion of such interests.
‘‘(E) ENFORCEMENT.—
‘‘(i) EFFECT OF VIOLATIONS.—Viola-
tion of any restriction, limitation, or con-
trol imposed under an institutional control
instrument shall have the same effect as
failure to comply with an order issued
under section 106 and relief may be sought
either in enforcement actions under section
106(b)(1), 
by 
States 
under 
section
121(e)(2), or in citizen suits under section
310. No citizen suit under section 310 to
enforce such an instrument may be com-
menced if the holder of the easement has
commenced and is diligently prosecuting
an action in court to enforce the easement.
‘‘(ii) ENFORCEMENT
ACTIONS.—The
President may take appropriate enforce-
ment actions to ensure compliance with the
terms of the instrument whenever the Ad-
ministrator of the Environmental Protec-
tion Agency determines that the terms set
forth in the instrument are being violated.
‘‘(iii) SAVINGS
CLAUSE.—Nothing in
this section shall limit rights or remedies
available under other laws.
‘‘(F) TERMINATION OR MODIFICATION OF
INSTITUTIONAL
CONTROL
INSTRUMENTS.—An
institutional control instrument adopted under
this subsection shall remain in force until the
instrument is modified or terminated by or with
the approval of the Administrator upon a deter-
mination that the instrument is no longer need-
ed to protect human health and the environ-
ment, including fetuses, children, and other
highly exposed, highly susceptible, or differen-
tially susceptible subpopulations. Such modifica-
tion or termination shall be recorded in the
same manner as the original instrument.
‘‘(G) PUBLIC NOTICE.—Not later than 180
days after the date of the enactment of this
subsection, the President shall issue regulations
regarding the procedures to be used for public
notice of proposed property use restrictions and
institutional control instruments and any termi-
nation or modification thereof. Such regulations
shall ensure that before acquiring an institu-
tional control instrument, and before recording
any notice of such instrument, the President
will give notice and an opportunity to comment
to the owner of the affected property, all other
persons with recorded interests in the property,
any lessees or other authorized occupants of the
property known to the President, the State and
any municipalities in which the property is lo-
cated, any relevant community advisory group
established under section 117, the affected com-
munity and the general public.
‘‘(H) REGISTRY OF INSTITUTIONAL CON-
TROLS.—The President shall maintain a reg-
istry of all property at which institutional con-
trols have been established in connection with
any response action under this Act. The reg-
istry shall identify the property and the nature
or form of the institutional controls, including
any subsequent changes in the nature or form
of such controls. Where this section refers to
the filing of any document in the local land
records, if the State has not by law designated
one office for the recording of interests in real
property or claims or rights burdening real
property, or if the procedures maintained by the
designated office do not allow for the filing of
such a document, the document shall be filed in
this registry.
‘‘(3) TYPES OF INSTRUMENTS.—
‘‘(A) EASEMENTS.—
‘‘(i) AUTHORITY
TO
ACQUIRE
EASE-
MENTS.—In connection with any response
action under this Act, in order to prevent
exposure to, reduce the likelihood of, or
otherwise respond to a release or threat-
ened release of a hazardous substance, pol-
lutant, or contaminant, the President may
acquire, at fair market value, or for other
consideration as agreed to by the parties,
a hazardous substance easement which re-
stricts, limits, or controls the use of land
or other natural resources, including speci-
fying permissible or impermissible uses of
land, prohibiting specified activities upon
property, prohibiting the drilling of wells
or use of ground water, or restricting the
use of surface water.
‘‘(ii) USE
OF
EASEMENTS.—A haz-
ardous substance easement under this sub-
section may be used wherever institutional
controls have been selected as a component
of a response action.
‘‘(iii) METHODS OF ACQUIRING EASE-
MENTS.—The President may acquire a
hazardous substance easement by purchase
or other agreement, by condemnation, or
by any other means permitted by law.
Compensation for such easement shall be
at fair market value, or for other consider-
ation as agreed to by the parties, for the
interest acquired. For an easement ac-
quired from entities that are not respon-
sible parties, valuation of such easement
shall be based on the value of the property
in an uncontaminated condition. The costs
of obtaining, ensuring adequate public no-
tice of, and otherwise tracking and main-
taining the protections afforded by the
easements shall be considered response
costs which are recoverable under this Act.
‘‘(iv) ASSIGNMENT OF EASEMENTS TO
PARTIES OTHER THAN THE PRESIDENT.—
‘‘(I) AUTHORITY
TO
ASSIGN.—
The President may, where appropriate
and with the consent of the State, as-
sign an easement acquired under this
subsection to a State that has the ca-
pacity to effectively enforce the ease-
ment over the period of time during
which the easement is in effect. In the
case of any assignment, the easement
shall also be fully enforceable by the
assignee. Any assignment of such an
easement by the President may be
made by following the same proce-
dures as are used for the transfer of
an interest in real property to a State
under section 104(j).
‘‘(II) 
EASEMENTS
HELD
BY
OTHER
PERSONS.—Any interest in
property granted to a State, an Indian
Tribe, or another governmental entity
or other person which restricts, limits,
or controls the use of land or other
natural resources in order to prevent
exposure to, reduce the likelihood of,
or otherwise respond to, a release or
threatened release of a hazardous sub-
stance, pollutant, or contaminant, and
which is expressly designated in writ-
ing as a hazardous substance ease-
ment within the meaning of this para-
graph, shall create the same rights,
have the same legal effect, and be en-
forceable in the same manner as a
hazardous substance easement ac-
quired by the President regardless of
whether the interest in property is
otherwise denominated as an ease-
ment, covenant, or any other form of
property right.
‘‘(v) APPLICABILITY OF OTHER PROVI-
SIONS.—Holding a hazardous substance
easement shall not in itself subject either
the holder thereof or the owner of the af-
fected property to liability under section
107. Any such easement acquired by the
President shall not be subject to the re-
quirements of subsection (j)(2) or section
120(h). Nothing in this subsection limits
or modifies the authority of the President
pursuant to subsection (j)(1).
‘‘(B) ORDER IMPOSING RESTRICTIONS.—In
connection with any response action under this
Act, in order to prevent exposure to, reduce the
likelihood of, or otherwise respond to a release
or threatened release of a hazardous substance,
pollutant, or contaminant, the President may by
order establish appropriate restrictions, limita-
tions, or controls on the use of land or other
natural resources, including specifying permis-
sible or impermissible uses of land, prohibiting
specified activities upon property, prohibiting
the drilling of wells or use of ground water, or
restricting the use of surface water. Any such
order shall be binding on each person who re-
ceives actual notice of the order, and after filing
in the appropriate land records shall be binding
on the owner’s successors, assigns, and lessees,
and on any person who subsequently acquires
an interest in the property. A finding of immi-
nent and substantial endangerment shall not be
required to issue an order under this subpara-
graph.
‘‘(C) STATE INSTITUTIONAL CONTROL IN-
STRUMENTS.—In connection with any response
action under this Act, in order to prevent expo-
sure to, reduce the likelihood of, or otherwise
respond to a release or threatened release of a
hazardous substance, pollutant, or contaminant,
the President may include in a response action
institutional controls adopted pursuant to State
law, if such controls meet all requirements of
paragraph (2) of this subsection.’’.
SEC. 103. AMENDMENTS RELATING TO RESPONSE AU-
THORITIES.
(a) REMOVAL ACTIONS.—Section 104(a)(2) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9604(a)(2)) is
amended by adding at the end the following: ‘‘The Presi-
dent shall ensure that a removal action is not undertaken
in lieu of a long-term remedial action.’’.
(b) FURTHER RESPONSE ACTION.—Section 104(a)
of such Act is amended by adding at the end the following:
‘‘(5) FURTHER RESPONSE ACTION.—Nothing in this
Act shall be interpreted to limit the authority of the Presi-
dent, subsequent to selection of a remedial action, to take
any further response action necessary to remove or reme-
diate residual hazardous substances, pollutants, or con-
taminants where such removal or remediation is appro-
priate for the restoration of natural resources.’’.
TITLE II—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
Subtitle A—Community
Participation
SEC. 201. DEFINITIONS.
Section 117 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9617) is amended by adding at the end the fol-
lowing:
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) COVERED FACILITY.—The term ‘covered
facility’ means a facility—
‘‘(A) that has been listed or proposed for
listing on the National Priorities List;
‘‘(B) at which the Administrator is under-
taking an action anticipated to exceed 1 year in
duration, or with respect to which the funding
limit under section 104 of this Act is antici-
pated to be reached; or
‘‘(C) with respect to which the Adminis-
trator of ATSDR has accepted a petition re-
questing a health assessment or related health
activity under section 104(i)(6)(B).
‘‘(2) AFFECTED
COMMUNITY.—The term ‘af-
fected community’ means any group of 2 or more in-
dividuals (including representatives of Indian tribes)
which may be affected by the release or threatened
release of hazardous substances, pollutants, or con-
taminants at a covered facility.
‘‘(3) NOTICE.—The term ‘notice’ means an an-
nouncement, including the date, time, location, and
agenda of any meeting to be held, that is issued
using communications media targeted to residents of
affected communities and posters displayed in public
places within the affected community.’’.
SEC. 202. PUBLIC PARTICIPATION.
(a) TAG GRANTS.—Section 117(e) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9617(e)) is amended to
read as follows:
‘‘(e) GRANTS FOR TECHNICAL ASSISTANCE.—
‘‘(1) AUTHORITY.—In accordance with the rules
promulgated by the Administrator, the Adminis-
trator may make grants available to any Community
Advisory Group or affected community. Such grants
shall be known as Technical Assistance Grants
(‘TAGs’).
‘‘(2) SPECIAL RULES.—No matching contribu-
tion shall be required for a Technical Assistance
Grant. The Administrator may make the lesser of
$10,000 or 10 percent of the total grant amount
available to the grant recipient, in advance of the ex-
penditures to be covered by the grant.
‘‘(3) GRANT AVAILABILITY.—The Administrator
shall promptly notify residents and Indian tribes liv-
ing near a covered facility that a technical assistance
grant is available under this section.
‘‘(4) NUMBER OF TAGS PER FACILITY.—Except
as provided in this paragraph, not more than one
grant may be made at a time under this subsection
with respect to a single covered facility, but the
grant may be renewed to facilitate public participa-
tion at all stages of response action, including oper-
ation and maintenance. Limits shall be established
with respect to the number of years for which grants
may be available based on the duration, type, and
extent of response activity at a covered facility. The
Administrator may provide more than one grant
under this subsection with respect to a single cov-
ered facility, considering such factors as the area af-
fected by the covered facility and the distances be-
tween affected communities.
‘‘(5) FUNDING AMOUNT.—The initial amount of
any grant under this subsection may not exceed
$100,000 (based on fiscal year 1999 constant dol-
lars) for a single grant recipient, except that the Ad-
ministrator may increase the amount of the grant if
the grant recipient demonstrates that the covered fa-
cility’s characteristics indicate additional funds are
necessary due to the complexity of the response ac-
tion, including the size and complexity of the covered
facility or the nature or volume of site-related infor-
mation, or if the grant recipient requests such addi-
tional funds to perform biological sampling under
paragraph (7)(C). In addition, the Administrator
must find that the grant recipient’s management of
a previous grant award, if any, was satisfactory, and
that the costs incurred under the award are allow-
able and reasonable.
‘‘(6) SIMPLIFICATION.—To ensure that the ap-
plication process is accessible to all affected persons,
including those that reside in a special priority area
listed under section 116(f)(2), the Administrator
shall review the existing guidelines and application
procedures for the TAGs and, within 180 days after
the date of enactment of the Children’s Protection
and Community Cleanup Act of 1999, revise, as ap-
propriate, such guidelines and procedures to simplify
the process of obtaining such grants.
‘‘(7) AUTHORIZED GRANT ACTIVITIES.—
‘‘(A) 
INTERPRETATION
OF
INFORMA-
TION.—Grants awarded under this subsection
may be used to obtain technical assistance in
interpreting information and providing input
with regard to (i) the nature of the hazard at
a covered facility; (ii) sampling and monitoring
plans, (iii) the remedial investigation and feasi-
bility study; (iv) the record of decision; (v) the
selection, design, and construction of the reme-
dial action; (vi) operation and maintenance;
(vii) removal activities at such covered facility;
or (viii) health assessment or related health ac-
tivity.
‘‘(B) ENVIRONMENTAL SAMPLING.—
‘‘(i) IN
GENERAL.—Grants awarded
under this subsection may be used to ob-
tain technical assistance in developing en-
vironmental 
sampling 
plans, 
collecting
samples, analyzing samples, and inter-
preting sample data.
‘‘(ii) 
APPROVAL
OF
SAMPLING
PLANS.—Before any samples are collected
by a TAG recipient, a sampling plan shall
be submitted to the Administrator for ap-
proval. The Administrator shall promul-
gate regulations regarding the submittal of
such plans.
A sampling plan shall be deemed to be approved
unless such approval is denied by the Adminis-
trator within 60 days after the date on which
the plan is submitted. If the Administrator de-
nies approval of the plan, the Administrator
shall provide an explanation of such denial to
the entity that submitted the plan. The entity
may revise and resubmit the plan accordingly.
‘‘(C) 
BIOLOGICAL
SAMPLING.—Grants
awarded under this section also may be used to
collect and analyze biological samples. Such
sample collection and analysis shall be per-
formed by an accredited health care profes-
sional.
‘‘(D) ADDITIONAL
ACTIVITIES.—(i) Sub-
ject to clause (ii), grants awarded under this
subsection also may be used—
‘‘(I) to obtain technical assistance in
interpreting information used to rank fa-
cilities according to the Hazard Ranking
System;
‘‘(II) to hire a community coordinator;
‘‘(III) to hire health experts to advise
affected residents on health assessment
and data gathering efforts and response
activities, and on the design of any health
studies that a government agency per-
forms;
‘‘(IV) to hire technical or legal experts
to file comments with governmental agen-
cies and generate other documents as nec-
essary to ensure full participation by the
grant recipient;
‘‘(V) to publish newsletters or other-
wise finance the dissemination of informa-
tion; and
‘‘(VI) to evaluate the reliability of
long-term operation and maintenance and
institutional controls.
‘‘(ii) Not more than 10 percent of the
amount of a technical assistance grant may be
used for hiring legal experts or for travel ex-
penses.
‘‘(E) AVAILABILITY
OF
INFORMATION.—
Information generated by the recipients of
grants under this subsection shall be made
available, as appropriate, to the appropriate
Community Information and Access Office.
‘‘(8) NON-SITE-SPECIFIC GRANTS.—In accord-
ance with the rules promulgated by the Adminis-
trator, the Administrator may make Technical As-
sistance Grant funds available to Indian tribes, non-
profit organizations, and citizens groups to enhance
their participation in rulemaking processes carried
out in accordance with this Act. Total funding for
all such grants shall not exceed $100,000.
‘‘(9) NATIONAL CONFERENCE.—
‘‘(A) IN
GENERAL.—The Administrator
shall convene a national conference once every
two years for TAG advisors and recipients for
purposes of exchanging information and making
recommendations to the Administrator.
‘‘(B) REPORT TO THE ADMINISTRATOR.—
The participants in a national conference shall,
not later than 180 days after the conference
ends, submit to the Administrator a report. The
report shall contain such findings and rec-
ommendations as the participants in the con-
ference consider appropriate.’’.
(b) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION.—(1) Section 117 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9617) is amended by—
(A) redesignating paragraphs (1) and (2) of
subsection (a) as subparagraphs (A) and (B);
(B) striking ‘‘under paragraph (1)’’ in such
subsection (a) and inserting ‘‘under subparagraph
(A)’’;
(C) redesignating such subsection (a) as para-
graph (4);
(D) striking ‘‘subsection (a)’’ in subsection (b)
and inserting ‘‘paragraph (4)’’;
(E) redesignating paragraphs (1), (2), and (3)
of subsection (c) as subparagraphs (A), (B), and
(C);
(F) redesignating such subsections (b) and (c)
as paragraphs (6) and (7) of subsection (a); and
(G) inserting the following immediately after
the section heading:
‘‘(a) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION IN DECISIONMAKING.—
‘‘(1) IN GENERAL.—In order to provide an op-
portunity for meaningful public participation in
every significant phase of response activities under
this Act, the President shall take the actions speci-
fied in this subsection.
‘‘(2) HEALTH ASSESSMENT AND PRELIMINARY
ASSESSMENT AND SITE INSPECTION.—The President
shall provide the opportunity for public meetings and
provide a notice of such meetings before or during
performance of the health assessment or related
health activity and the preliminary assessment and
site inspection, as appropriate. Before or during the
health assessment or related health activity and site
inspection, the President shall solicit and evaluate
concerns, interests, and information from the Com-
munity Advisory Group, if any, affected Indian
tribes, the affected community, local government of-
ficials and local health officials. The evaluation shall
include, as appropriate, face-to-face community sur-
veys to identify the location of private drinking
water wells, potential exposure pathways, including
historic, current, and potential use of water, and
other environmental resources in the community; a
public meeting; written responses to significant con-
cerns; and other appropriate participatory activities.
‘‘(3) REMEDIAL
INVESTIGATION
AND
FEASI-
BILITY STUDY.—The President shall provide the op-
portunity for public meetings and publish a notice of
such meetings before or during the Remedial Inves-
tigation and Feasibility Study (RI/FS). During the
remedial investigation and feasibility study, the
President shall solicit the views and preferences of
the Community Advisory Group, if any, affected In-
dian tribes, the affected community, local govern-
ment officials and local health officials on the reme-
diation and disposition of hazardous substances, pol-
lutants, or contaminants at the covered facility.
Such views and preferences shall be described in the
remedial investigation and feasibility study and con-
sidered in the screening of remedial alternatives for
the covered facility.’’.
(2) Such section 117, as amended by this subsection,
is amended by adding the following new paragraph after
paragraph (4) of subsection (a):
‘‘(5) COMPLETION OF WORK PLAN.—The Presi-
dent shall provide the opportunity for public meet-
ings and publish a notice of such meetings before or
during the completion of the work plan for the Re-
medial Design and Remedial Action.’’.
(3) Such section 117, as amended by this subsection,
is amended by adding the following new paragraphs after
paragraphs (6) and (7):
‘‘(8) ALTERNATIVES.—Pursuant to paragraph
(4), members of the Community Advisory Group, if
any, affected Indian tribes, the affected community,
local government officials and local health officials
may propose remedial alternatives to the President,
and the President shall consider such alternatives in
the same manner as the President considers alter-
natives proposed by other parties.
‘‘(9) SELECTING APPROPRIATE PROCEDURES.—
In determining which of the procedures set forth in
paragraph (2) may be appropriate, the Adminis-
trator may consult with the Community Advisory
Group, if any, affected Indian tribe, the affected
community, local government officials and local
health officials.
‘‘(10) PROVIDING
INFORMATION.—The Presi-
dent, with the assistance of the Community Informa-
tion and Access Offices (as provided for in sub-
section (c)), shall provide information to the Com-
munity Advisory Group, if any, affected Indian
tribes, the affected community, local government of-
ficials and local health officials throughout all sig-
nificant phases of the response action at the covered
facility. The President, on a regular basis, shall in-
form such entities of the progress and substance of
technical meetings between the lead agency and po-
tentially responsible parties regarding a covered fa-
cility. The President shall notify the Community Ad-
visory Group, if any, affected Indian tribes, the af-
fected community, local government officials and
local health officials concerning—
‘‘(A) the schedule for commencement of
construction activities at the covered facility
and the location and availability of construction
plans;
‘‘(B) the results of any review under sec-
tion 121(c) and any modifications to the cov-
ered facility made as a result of the review; and
‘‘(C) the execution of and any revisions to
institutional controls being used as part of a re-
medial action.
‘‘(11) PUBLIC MEETINGS.—Public meetings re-
quired under this subsection shall be designed to ob-
tain information from the affected community and
disseminate information to the affected community
concerning the President’s covered facility activities
and pending decisions. Public meetings shall be held
at a convenient and easily accessible location within
the affected community and at a time when the ma-
jority of residents of the affected community is able
to attend the meeting. A notice of any such meeting
shall be issued at least 10 days before the date of
the meeting.
‘‘(12) SPECIAL PRIORITY AREAS.—In taking the
actions specified in this subsection, the President
shall consider the unique needs of residents of spe-
cial priority areas listed under section 116(f)(2).’’.
(4) Such section 117 is amended by striking ‘‘major’’
in subsection (d).
(5) Such section 117 is amended by adding the fol-
lowing new subsection after subsection (a), as amended
by this section:
‘‘(b) ADDITIONAL PUBLIC INVOLVEMENT REQUIRE-
MENTS.—(1) The President shall make records relating to
the covered facility available to the public throughout all
phases of response action at the covered facility. Such in-
formation shall be made available to the public for inspec-
tion and copying without the need to file a formal request,
subject to reasonable service charges as appropriate, in ac-
cordance with the schedule of fees promulgated in regula-
tions under section 552(a)(4)(A) of title 5, United States
Code. This paragraph shall not apply to a record that is
exempt from disclosure under section 552 of title 5,
United States Code, or to any record that is exchanged
between parties to a dispute under this Act for the pur-
poses of settling the dispute.
‘‘(2) The President, in carrying out responsibilities
under this Act, shall ensure that the presentation of infor-
mation on risk is unbiased and informative and clearly dis-
closes any uncertainties and data gaps.
‘‘(3) Notwithstanding any other provision of this sub-
section, in the case of a removal action taken in accord-
ance with section 104 which is expected to extend beyond
180 days, the President shall comply with the require-
ments of this section unless the President determines that
such compliance presents an imminent and substantial
endangerment to human health or the environment.
Whenever the planning period for a removal action is ex-
pected to be greater than 180 days, the Administrator
shall provide the Community Advisory Group, if any, af-
fected Indian tribes, the affected community, local govern-
ment officials and local health officials with notice of the
anticipated removal action and a public comment period
of no less than 30 days.
‘‘(4) Any resident of an affected community shall
have the ability to fully initiate or participate in any rem-
edy review processes or mechanisms established by the Ad-
ministrator.’’.
(6) Such section 117 is further amended by adding
the following new subsection after subsection (e):
‘‘(f) UNDERSTANDABLE PRESENTATION OF MATE-
RIALS.—The President shall ensure that information pre-
pared for distribution to the public under this section shall
be provided or summarized in a manner that may be easily
understood, considering any unique cultural needs of the
affected community, including presentation of information
orally and distribution of information in languages other
than English, as appropriate.’’.
SEC. 
203. 
COMMUNITY 
INFORMATION 
AND 
ACCESS
OFFICES.
Section 117 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9617) is amended by adding the following after
subsection (b), as added by section 202:
‘‘(c) COMMUNITY INFORMATION AND ACCESS OF-
FICES.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), not later than 18 months after the
date of enactment of this subsection, a State
with a covered facility, or an Indian tribe in the
case of such a facility in Indian country (as de-
fined in section 1151 of title 18, United States
Code), shall establish a Community Information
and Access Office to perform the functions set
forth in paragraph (3).
‘‘(B) EXISTING
OFFICES.—The Adminis-
trator may determine that a State or tribal of-
fice in existence before the date of enactment of
this subsection can or does already perform the
functions of a Community Information and Ac-
cess Office and is eligible for funding under
paragraph (2).
‘‘(C) PROCESS.—Each State or tribe shall
decide the process for establishing a Commu-
nity Information and Access Office.
‘‘(D) 
EPA 
ROLE.—The 
Administrator
shall approve the Office if it meets the require-
ments of this subsection. If the Administrator
determines that the State or tribe has not es-
tablished an office or offices that can perform
the functions of a Community Information and
Access Office, the Administrator shall establish
an office or offices in the State.
‘‘(E) NUMBER OF OFFICES.—The Admin-
istrator may require the establishment of more
than one Community Information and Access
Office in a State, considering factors such as
the number of covered facilities in the State,
the geographic distance between such facilities,
and the number of people affected by such fa-
cilities in the State.
‘‘(2) FUNDING.—
‘‘(A) IN GENERAL.—Funding for the oper-
ation of Community Information and Access
Offices, or State, tribal, or Environmental Pro-
tection Agency offices that perform similar
functions, 
collectively, 
shall 
not 
exceed
$50,000,000 for a fiscal year.
‘‘(B) STATE
OR
TRIBAL
GRANTS.—Each
State or Indian tribe that has a Community In-
formation and Access Office, or each State, In-
dian tribe, or Environmental Protection Agency
office performing the functions of a Community
Information and Access Office, shall receive not
less than $500,000, and not more than
$1,000,000, for a fiscal year.
‘‘(C) FORMULA.—
‘‘(i) IN GENERAL.—The Administrator
shall publish guidelines establishing a for-
mula for determining the actual amount of
funding for each Community Information
and Access Office.
‘‘(ii) FACTORS.—The formula shall in-
clude factors such as the number of facili-
ties listed or proposed for listing on the
National Priorities List that would be cov-
ered by the Community Information and
Access Office.
‘‘(3) FUNCTIONS.—
‘‘(A) IN GENERAL.—A Community Infor-
mation and Access Office shall—
‘‘(i) assist the Administrator (I) in
disseminating information regarding facili-
ties, information regarding the existence of
the Office and its services, and information
regarding opportunities for public partici-
pation under this Act, (II) in notifying citi-
zens of public meetings, notifying the com-
munity living or working near a facility of
the opportunity to establish a community
advisory group, and notifying the public of
the availability of TAGs, (III) in informing
citizens of their rights under this Act, in-
cluding the availability of health services
and the right of petition for assessment of
release, for performance of a health assess-
ment, and for establishment of a Commu-
nity Advisory Group, and (IV) in providing
citizens with information relating to the
operation of Federal, State, and tribal haz-
ardous substance and waste laws with re-
spect to facilities within the State or in In-
dian country (as defined in section 1151 of
title 18, United States Code);
‘‘(ii) serve as a clearinghouse, main-
tain records, and provide electronic access
as appropriate, for facility information, in-
cluding a description of the Administra-
tor’s process for identifying facilities and
undertaking response actions under this
Act, a list of facilities located in the State
or in Indian country (as defined in section
1151 of title 18 United States Code), and
with respect to each such facility and to
the extent information becomes available—
‘‘(I) the location, name of owner
or operator, and characteristics of the
facility;
‘‘(II) the hazardous substances,
pollutants, and contaminants present,
including the quantities and relative
toxicities of the substances, pollutants,
and contaminants;
‘‘(III) the response actions being
taken, including records of any insti-
tutional controls that are included in
the response actions;
‘‘(IV) any health data generated
in connection with the facility;
‘‘(V) the status of the response
actions at the facility;
‘‘(VI) any report generated as a
result of a review under section
121(c);
‘‘(VII) the location of the Admin-
istrative Record created for the facil-
ity, if any, under section 113(k); and
‘‘(VIII) any ongoing operation
and maintenance requirements or in-
stitutional controls in place;
‘‘(iii) assist members of an affected
community or Community Advisory Group
in applying for technical assistance grants
under subsection (e); and
‘‘(iv) assist individuals in petitioning
for assessment of release under section
105(d), in petitioning for a health assess-
ment under section 104(i)(6)(B), or in pe-
titioning for establishment of a Community
Advisory 
Group 
under 
section
117(g)(1)(B).
‘‘(B) REPORT.—
‘‘(i) IN GENERAL.—Each Community
Information and Access Office shall annu-
ally submit a report to the Administrator
summarizing the performance of its duties
and shall certify in the report that any
funds used under paragraph (2) by the
Community Information and Access Office
have been used in compliance with the re-
quirements of this subsection. The Admin-
istrator shall make such report available to
the public.
‘‘(ii) VERIFICATION
BY
INSPECTOR
GENERAL.—The Inspector General of the
Environmental Protection Agency shall pe-
riodically review the programs carried out
under this subsection and reports made
under this subparagraph and shall verify
the accuracy of the certifications contained
in the reports.
‘‘(iii) TERMINATION
OF
GRANT.—If
the Administrator of the Environmental
Protection Agency is unable to verify the
information provided in the report, or if
the Administrator determines that the
grant is not being used in a manner con-
sistent with the functions under subpara-
graph (A), the Administrator may termi-
nate the grant.’’.
SEC. 204. COMMUNITY ADVISORY GROUPS.
Section 117 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9617) is further amended by adding after sub-
section (f) the following:
‘‘(g) COMMUNITY ADVISORY GROUPS.—
‘‘(1) CREATION AND RESPONSIBILITIES.—The
President shall provide the opportunity for the es-
tablishment of a representative public forum, known
as a Community Advisory Group (CAG), to achieve
direct, regular, and meaningful consultation with all
interested parties throughout all stages of a response
action whenever—
‘‘(A) the President determines such a
group will be helpful; or
‘‘(B) 10 individuals residing in or at the
area in which the covered facility is located, or
10 percent of the population of a locality in
which the covered facility is located, whichever
is less, petition for a Community Advisory
Group to be established.
‘‘(2) 
DUTIES.—Each 
Community 
Advisory
Group shall provide information and views to the
President, and, as appropriate, any or all of the fol-
lowing: the Agency for Toxic Substances and Dis-
ease Registry, State agencies, Federal agencies, Fed-
eral, State, and tribal natural resource trustees, and
potentially responsible parties conducting response
actions. The information and views reported shall in-
clude the various subjects related to facility remedi-
ation, including facility health assessments and
health related activities, potential remedial alter-
natives, and selection and implementation of reme-
dial and removal actions. The Community Advisory
Group shall attempt to achieve consensus among its
members before reporting positions to agencies,
trustees, or potentially responsible parties. In cases
in which consensus cannot be reached, the Commu-
nity Advisory Group shall allow the presentation of
divergent views.
‘‘(3) LAND USE.—The President shall adopt, as
part of the remedy selected at the facility, any con-
sensus recommendation of the Community Advisory
Group on land use to be used as part of the remedy.
Notwithstanding the previous sentence, the Presi-
dent shall decline to adopt such a consensus rec-
ommendation upon determining that the rec-
ommendation is not adequate to protect human
health and the environment. In cases in which there
is substantive disagreement within the Community
Advisory Group over a recommendation regarding
land use, the Administrator shall make reasonable
efforts to reconcile the differences.
‘‘(4) COMMUNITY
ADVISORY
GROUP
INPUT.—
With the exception of land use recommendations,
input received from the Community Advisory Groups
shall be considered by the President to be of equal
weight with the advice received from the Technical
Assistance Grant recipients and other affected com-
munity members.
‘‘(5) COMMUNITY
ADVISORY
GROUP
MEM-
BERS.—Members shall serve on the Community Ad-
visory Group without pay. The President shall pro-
vide notice and opportunity to participate on a Com-
munity Advisory Group to the affected community,
including to persons who are or historically have
been disproportionately affected by facility contami-
nation in their community. The President shall en-
sure that each Community Advisory Group, to the
extent practicable, reflects the composition and di-
versity of interests of the community near the facil-
ity. Residents of the area most affected by releases
from the facility shall comprise a majority of the
total membership of the CAG. At least one person
in the CAG shall represent the Technical Assistance
Grant recipient if such a grant has been awarded
under subsection (e). To the extent practicable, the
President shall ensure that members of the following
groups are represented on a CAG:
‘‘(A) Persons residing or owning residen-
tial property in the area in which the covered
facility is located or persons who may be af-
fected by releases from the facility.
‘‘(B) Medical professionals practicing in
the affected community.
‘‘(C) Members of local Indian tribes or In-
dian communities.
‘‘(D) Local citizen, civic, environmental, or
public interest groups with members residing in
the affected community.
‘‘(E) Current and former employees of the
facility during facility operation.
‘‘(F) Local business community members.
‘‘(6) FACA.—The Federal Advisory Committee
Act shall not apply to a CAG established under this
Act or ATSDR Community Advisory Panels.
‘‘(7) TECHNICAL
AND
ADMINISTRATIVE
SUP-
PORT
FOR
COMMUNITY
ADVISORY
GROUPS.—The
President may provide technical and administrative
support for Community Advisory Groups.
‘‘(8) ADDITIONAL PARTICIPANTS.—The Admin-
istrator of the Environmental Protection Agency, the
Administrator of the Agency for Toxic Substances
and Disease Registry, the State, representatives cho-
sen by the governing body of local Indian tribes or
Indian community local governments (which may in-
clude pertinent city or county governments, or both),
and any other governmental unit which regulates
land use in the vicinity of the facility, as appropriate
nonresidential owners or operators, and local rep-
resentatives of the Potentially Responsible Parties
(PRPs) who represent, wherever practicable, a bal-
ance of PRP interests, may participate in Commu-
nity Advisory Group meetings to provide information
and technical expertise, but shall not be members of
the Community Advisory Group.
‘‘(9) OTHER PUBLIC INVOLVEMENT.—The ex-
istence of a Community Advisory Group shall not di-
minish any other obligation of the President to con-
sider the views of any person in selecting response
actions under this Act. Nothing in this section shall
affect the status of any Citizen Advisory Group
formed before the enactment of this subsection.
Nothing in this section shall affect the status, deci-
sions, or future formation of any Department of De-
fense Restoration Advisory Board, or Department of
Energy Site Specific Advisory Board, and no Citizen
Advisory Group must be established for a facility if
any such Board has been established for the facility.
‘‘(h) COMMUNITY STUDY.—
‘‘(1) REPORT BY THE ADMINISTRATOR.—The
Administrator shall prepare and submit to Congress
a Community Study two years after the date of en-
actment of this subsection, shall periodically update
the study, and shall also provide such study to the
Community Information and Access Office. The Ad-
ministrator and Community Information and Access
Offices shall ensure that copies of such studies are
made available to the public.
‘‘(2) CONTENT OF THE REPORT.—The Admin-
istrator’s report shall include an analysis of the
speed of listing; the speed and nature of response
action; the degree to which public views are reflected
in response actions; use of institutional controls; and
the population, race, ethnicity, and income charac-
teristics of each community affected by each facility
listed or proposed for listing on the National Prior-
ities List.
‘‘(3) EVALUATION.—The Administrator shall
evaluate the information in the study to determine
whether priority setting, response actions, and public
participation requirements were conducted in a fair
and equitable manner and identify program areas
that require improvements or modification.
‘‘(4) ACTIONS
BASED
ON
EVALUATION.—The
Administrator shall institute the necessary improve-
ments or modifications to address any deficiencies
identified by the study prepared under this sub-
section.’’.
SEC. 205. TECHNICAL OUTREACH SERVICES FOR COMMU-
NITIES.
Section 311(d)(2) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9660(d)(2)) is amended to read as fol-
lows:
‘‘(2) RESPONSIBILITIES OF CENTERS.—The re-
sponsibilities of a hazardous substance research cen-
ter under this subsection shall include—
‘‘(A) the conduct of research and training
relating to the manufacture, use, transpor-
tation, disposal, and management of hazardous
substances and publication and dissemination of
the results of the research; and
‘‘(B) the conduct of a program to provide
educational and technical assistance to commu-
nities affected by contamination.’’.
SEC. 206. RECRUITMENT AND TRAINING PROGRAM.
Section 117 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9617) is amended by adding after subsection (h)
the following:
‘‘(i) RECRUITMENT AND TRAINING PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the National Institute of Environ-
mental Health Studies, shall conduct a program to
assist in the recruitment and training of individuals
in an affected community for employment in re-
sponse activities conducted at the facility concerned.
‘‘(2) RECRUITMENT, TRAINING, AND EMPLOY-
MENT.—The Administrator shall encourage a person
conducting a response action under this Act to train
and employ persons from the affected community in
remediation skills.’’.
Subtitle B—Human Health
SEC. 211. DISEASE REGISTRY AND HEALTH CARE PRO-
VIDERS.
Section 104 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604) is amended as follows:
(1) In subsection (b), by adding the following
new paragraph at the end thereof:
‘‘(3) NOTICE TO HEALTH AUTHORITIES.—The Presi-
dent shall notify State and local public health authorities
and Tribal health officials whenever the President has rea-
son to believe that a release of a hazardous substance, pol-
lutant, or contaminant has occurred, is occurring, or is
about to occur or that there is a threat of such a release.’’.
(2) By amending subparagraph (A) of sub-
section (i)(1) to read as follows:
‘‘(A) in cooperation with the States, establish
and maintain a national registry of serious diseases
and illnesses, a national registry of persons exposed
to toxic substances, including a subregistry of those
persons exposed within special priority areas listed
under section 116(f)(2), and a national registry of
health clinics and services available within affected
communities 
as 
authorized 
under 
section
104(i)(15)(C), including a subregistry of clinics and
services available within such special priority
areas;’’.
(3) In subparagraph (E) of subsection (i)(1), by
striking ‘‘admission to hospitals and other facilities
and services operated or provided by the Public
Health Service’’ and inserting ‘‘referral to health
care providers’’.
(4) Paragraph (6)(A) of subsection (i) is
amended to read as follows:
‘‘(A)(i) The Administrator of ATSDR shall perform
a health assessment for each facility listed or proposed for
listing on the National Priorities List established under
section 105, including a facility owned or operated by a
department, agency, or instrumentality of the United
States. In the case of a facility that is listed or proposed
for listing on the National Priorities List for ecological
reasons only, a related health activity (including bio-
medical testing, clinical evaluations, medical monitoring,
and referral to accredited health care providers) may be
performed in lieu of a health assessment. Such health as-
sessment or related health activity shall be completed for
each facility listed or proposed for listing on the National
Priorities List not later than 1 year after the date of pro-
posal for inclusion on such list for each facility.
‘‘(ii) The Administrator of the Environmental Protec-
tion Agency and the Administrator of ATSDR shall de-
velop strategies, in consultation with State, Tribal, and
local health officials, to obtain relevant on-site and off-
site characterization data, taking into account the needs
and conditions of the affected community.
‘‘(iii) The Administrator of the Environmental Pro-
tection Agency shall, to the maximum extent practicable,
provide the Administrator of ATSDR with the data and
information necessary to make a public health determina-
tion in a timely manner in order to allow the Adminis-
trator of ATSDR to complete the assessment.
‘‘(iv) If appropriate, the Administrator of ATSDR
shall provide recommendations for sampling environ-
mental media to the Administrator of the Environmental
Protection Agency as soon as practicable after discovering
a release or threat of release of a hazardous substance,
pollutant, or contaminant at a facility. To the maximum
extent practicable, the Administrator of the Environ-
mental Protection Agency shall incorporate such rec-
ommendations into the facility investigation activities.
‘‘(v) In order to improve community involvement in
health assessments, the Administrator of ATSDR shall
carry out each of the following duties:
‘‘(I) The Administrator of ATSDR shall ac-
tively collect data from residents of affected commu-
nities and from other sources in communities af-
fected or potentially affected by releases of haz-
ardous substances, pollutants, or contaminants re-
garding exposure, relevant human activities, and
other factors.
‘‘(II) The Administrator of ATSDR shall design
health assessments that take into account the needs
and conditions of the affected community. In pre-
paring such designs, the Administrator of ATSDR
shall permit each affected community to play an ac-
tive and early role in reviewing the designs, shall
place emphasis on collection of actual exposure data,
and shall consider sources of multiple exposure to
environmental pollutants.’’.
(5) Subparagraph (F) of subsection (i)(6) is
amended to read as follows:
‘‘(F) For the purposes of this subsection and section
111(c)(4), the term ‘health assessments’ shall include pre-
liminary assessments of the potential risk to human
health, including fetuses, children, and other highly ex-
posed, highly susceptible, or differentially susceptible sub-
populations, posed by individual sites and facilities, based
on such factors as the nature and extent of contamination,
the past, present, or future existence of potential pathways
of human exposure and the community’s historic exposure
to site-related and non-site-related sources of contamina-
tion (including ground or surface water contamination, air
emissions, and food chain contamination, including con-
tamination of human breast milk), the size and potential
susceptibility of the community within the likely pathways
of exposure, the comparison of expected human exposure
levels to the short-term and long-term health effects asso-
ciated with identified hazardous substances and any avail-
able recommended exposure or tolerance limits for such
hazardous substances, and the comparison of existing
morbidity and mortality data on diseases that may be as-
sociated with the observed levels of exposure.’’.
(6) In paragraph (14) of subsection (i) by—
(A) striking ‘‘distribute to the States, and
upon request to medical colleges, physicians,
and’’ and inserting the following: ‘‘distribute to
the States, including State health departments,
Tribal health officials, and upon request to
medical colleges, local health departments, med-
ical centers, physicians, nursing institutions,
nurses, and’’;
(B) inserting ‘‘(A)’’ after ‘‘(14)’’; and
(C) adding the following at the end there-
of:
‘‘(B) The Administrator of ATSDR shall also assem-
ble, develop, as necessary, and distribute to the general
public and to at-risk populations appropriate educational
materials and other information on the human health ef-
fects of hazardous substances.’’.
SEC. 212. SUBSTANCE PROFILES.
Section 104(i)(3) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(i)(3)) is amended as follows:
(1) By inserting ‘‘(A)’’ after ‘‘(3)’’.
(2) By redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively.
(3) By striking out the matter beginning with
‘‘Any toxicological profile or revision thereof’’ and all
that follows through the end of such paragraph and
inserting in lieu thereof the following:
‘‘(B) Any toxicological profile or revision thereof shall
reflect the Administrator of ATSDR’s assessment of all
relevant toxicological testing which has been peer re-
viewed. The profiles prepared under this paragraph shall
be for those substances highest on the list of priorities
under paragraph (2) for which profiles have not previously
been prepared or for substances not on the listing but
which have been found at National Priorities List facilities
and non-National Priorities List facilities and which have
been determined by ATSDR to be of health concern. Pro-
files required under this paragraph shall be revised and
republished as appropriate, based on scientific develop-
ment. Such profiles shall be provided to the States, includ-
ing State health departments, Tribal health officials, and
local health departments, and made available to other in-
terested parties.’’.
SEC. 213. EXPOSURE LEVELS.
(a) EXPOSURE AND TOLERANCE LIMITS.—Section
104(i)(5)(A) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(i)(5)(A)) is amended by striking the first
three sentences and inserting the following: For each haz-
ardous substance listed pursuant to paragraph (2), the
Administrator of ATSDR (in consultation with the Ad-
ministrator of the Environmental Protection Agency and
other agencies and programs of the Public Health Service)
shall assess whether adequate information on the health
effects of such substance is available, including the avail-
ability of recommended exposure or tolerance limits. For
any such substance for which adequate information is not
available (or under development), the Administrator of
ATSDR, in cooperation with the Director of the National
Toxicology Program or the Administrator of the Environ-
mental Protection Agency, shall assure the initiation of
a program of research designed to determine the health
effects of and exposure or tolerance limits for (and tech-
niques for development of methods to determine such ef-
fects and limits) such substance, including the determina-
tion of such effects and limits for fetuses, children, and
other highly exposed, highly susceptible, or differentially
susceptible subpopulations. Where feasible, such program
shall seek to develop methods to determine the health ef-
fects of and exposure or tolerance limits for such sub-
stance in combination with other substances with which
it is commonly found.’’.
(b) ADDITIONAL
DUTY
OF
ADMINISTRATOR
OF
ATSDR.—Section 104(i)(1) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(i)(1)) is amended—
(1) by redesignating subparagraphs (B), (C),
(D), and (E) as subparagraphs (C), (D), (E), and
(F), respectively; and
(2) by inserting after subparagraph (A) the fol-
lowing:
‘‘(B) establish and maintain an inventory of
available exposure or tolerance limits for hazardous
substances identified in paragraph (2);’’.
(c) RESEARCH TO ESTABLISH EXPOSURE AND TOL-
ERANCE LIMITS.—Section 311(a)(1)(A)(i) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)(1)(A)(i)) is
amended by inserting ‘‘and for the establishment of expo-
sure or tolerance limits for hazardous substances’’ before
the period.
SEC. 214. HEALTH STUDIES.
(a) HUMAN HEALTH STUDY.—Subparagraph (A) of
section 104(i)(7) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(i)(7)) is amended to read as follows: ‘‘(A)
Whenever in the judgment of the Administrator of
ATSDR it is appropriate on the basis of the results of
a health assessment or related health activity or on the
basis of other appropriate information, the Administrator
of ATSDR shall conduct a human health study of expo-
sure or other health effects for selected groups or individ-
uals in order to determine the desirability of conducting
full scale epidemiologic or other health studies of the en-
tire exposed population.’’.
(b) RESEARCH PROGRAM.—Section 104(i)(5)(A) of
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9604(i)(5)(A)),
as amended by section 213, is amended as follows:
(1) By inserting after ‘‘program of research’’
the following: ‘‘conducted directly or by such means
as cooperative agreements and grants with appro-
priate public and nonprofit institutions. The pro-
gram shall be’’.
(2) In the last sentence—
(A) in clause (iii), by striking ‘‘and’’ at the
end;
(B) by redesignating clause (iv) as clause
(v); and
(C) by inserting after clause (iii) the fol-
lowing:
‘‘(iv) laboratory and other studies that can lead
to the development of innovative techniques for pre-
dicting organ-specific, tissue-specific, and system-
specific acute and chronic toxicity; and’’.
SEC. 215. RELOCATION OF INDIVIDUALS.
Section 104(i)(11) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(i)(11)) is amended—
(1) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(2) by inserting ‘‘(A)’’ after ‘‘(11)’’;
(3) by striking ‘‘In any case’’ and inserting the
following:
‘‘(B) In any case’’;
(4) in subparagraph (A) (as so redesignated),
by striking ‘‘or substantially mitigate the significant
risk’’ and inserting ‘‘the risk’’; and
(5) by adding at the end of subparagraph (A)
(as so redesignated) the following:
‘‘In any case in which the President permanently relocates
an individual, the President shall provide to the individual
the replacement value of the individual’s residence.’’.
SEC. 216. GRANT AWARDS, CONTRACTS, AND COMMUNITY
ASSISTANCE ACTIVITIES.
(a) CARRYING OUT ACTIVITIES OF ATSDR.—Sec-
tion 104(i)(15) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 6904(i)(15)) is amended as follows:
(1) By inserting ‘‘(A)’’ before ‘‘The activities’’.
(2) In the first sentence, by striking ‘‘coopera-
tive agreements with States (or political subdivisions
thereof)’’ and inserting ‘‘grants, cooperative agree-
ments, or contracts with States (or political subdivi-
sions thereof), Indian tribes, other appropriate pub-
lic authorities, public or private institutions or orga-
nizations, colleges, universities (including historically
black colleges and universities) and other edu-
cational institutions that primarily serve minorities
or represent the interests of affected communities’’.
(3) By adding at the end the following new sub-
paragraphs:
‘‘(B) When a health assessment is conducted at a fa-
cility on the National Priorities List, or a release is being
evaluated for inclusion on the National Priorities List, the
Administrator of ATSDR may provide the assistance spec-
ified in subparagraph (C) to public or private nonprofit
entities, individuals, and community-based groups that
may be affected by the release or threatened release of
hazardous substances in the environment.
‘‘(C) The Administrator of ATSDR, pursuant to the
grants, cooperative agreements, and contracts referred to
in this paragraph, is authorized and directed to provide,
where appropriate, health services to communities affected
by the release of hazardous substances. Such health serv-
ices may include diagnostic services, testing, counseling,
specialized treatment, health data registries, and preven-
tive public health education. Such services may be pro-
vided at existing health clinics within the affected commu-
nity. If such a clinic does not already exist within the af-
fected community, the Administrator shall establish such
a clinic within 1 year after the date of enactment of the
Children’s Protection and Community Cleanup Act of
1999.’’.
(b) FUNDING.—Section 111 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9611) is amended—
(1) in subsection (c)(4), by inserting ‘‘operating
support for and establishment of environmental
health clinics and health services,’’ after ‘‘assess-
ments,’’; and
(2) in subsection (m), by adding at the end the
following: ‘‘There shall be directly available to the
Agency for Toxic Substances and Disease Registry
to be used for the establishment of environmental
health clinics and health services under section
104(i)(15)(C) not less than $50,000,000 for each of
fiscal years 2002 through 2006.’’.
SEC. 217. INDIAN HEALTH PROVISIONS.
Section 104(i) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9406(i)) is amended as follows:
(1) In paragraph (1)—
(A) by inserting ‘‘the Indian Health Serv-
ice,’’ after ‘‘the Secretary of Transportation,’’;
(B) by inserting ‘‘and tribal’’ after ‘‘and
local’’;
(C) in subparagraph (A) by inserting ‘‘and
Indian tribes’’ after ‘‘the States’’; and
(D) in subparagraph (C) by inserting ‘‘In-
dian tribes,’’ after ‘‘States,’’.
(2) In paragraph (4)—
(A) by striking ‘‘State officials, and local
officials’’ and inserting ‘‘and State, tribal, and
local officials’’; and
(B) by inserting in the second sentence ‘‘or
Indian tribes’’ after ‘‘States’’.
(3) In paragraph (5)(A) by inserting ‘‘and the
Indian Health Service’’ after ‘‘Public Health Serv-
ice’’.
(4) In paragraph (6)(C) by inserting ‘‘where
low population density is not used as an excluding
risk factor’’ after ‘‘health appears highest’’.
(5) In paragraph (6)(E)—
(A) by inserting ‘‘, Indian tribe,’’ after
‘‘Any State’’; and
(B) by inserting at the end of the subpara-
graph the following: ‘‘If the Administrator of
ATSDR or the Administrator of the Environ-
mental Protection Agency does not act on the
recommendations of the State, Indian tribe, or
political subdivision, then the Administrators
must respond in writing to the State, tribe, or
political subdivision why they have not acted on
the recommendations.’’.
(6) In paragraph (6)(F) by striking ‘‘and’’ after
‘‘emissions,’’ and by inserting ‘‘and any other path-
ways resulting from subsistence activities’’ after
‘‘contamination’’.
(7) In paragraph (6)(G) by striking the period
at the end of the last sentence and inserting the fol-
lowing: ‘‘and give special consideration, where appro-
priate, to any practices of the affected community
that may result in increased exposure to hazardous
substances, pollutants, or contaminants, such as
subsistence hunting, fishing, and gathering.’’.
(8) In paragraph (10)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D);
(B) by striking the period at the end of
subparagraph (E) and inserting ‘‘; and’’; and
(C) by inserting after revised subpara-
graph (E) the following new subparagraph:
‘‘(F) and the health impacts from pollutants,
contaminants, and hazardous substances on Indian
tribes from covered facilities.’’.
SEC. 218. PUBLIC HEALTH RECOMMENDATIONS IN REME-
DIAL ACTIONS.
Section 121(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(c)) is amended in the first sentence by insert-
ing after ‘‘remedial action’’ the second time it appears the
following: ‘‘, including public health recommendations and
decisions resulting from activities under section 104(i),’’.
Subtitle C—General Provisions
SEC. 221. TRANSITION.
(a) EFFECTIVE DATE IN GENERAL.—Except as pro-
vided in subsection (b), this title and the amendments
made by this title shall become effective upon the date of
enactment of this Act.
(b) SPECIAL RULE.—The requirements of para-
graphs (2), (3), (5), (8), (9), and (10) of section 117(a)
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, as added by section
202(b), shall become effective 180 days after the date of
enactment of this Act.
TITLE III—RIGHT TO KNOW
SEC. 301. RIGHT TO KNOW.
(a) AMENDMENT OF SUPERFUND.—Section 117 of
title I of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended by
title II, is further amended by adding at the end the fol-
lowing:
‘‘(k) DISCLOSURE OF HAZARDOUS SUBSTANCES AT
FACILITIES.—
‘‘(1) PURPOSE AND MEANS OF DISCLOSURE.—
The information required under this subsection is in-
tended for use by Federal, State, and local govern-
ments and the public, including but not limited to
residents of affected communities and researchers.
The information on facilities not on the National
Priorities List, in particular, is intended to identify
the multiple sources of toxic chemicals to which com-
munities may be potentially exposed. The Adminis-
trator shall publish such information using language
and methods of communication, including computer
telecommunication, that the Administrator believes
to be clear and understandable to persons not expert
in environmental or legal matters. Such methods
shall allow persons to retrieve all the publicly avail-
able information gathered by the Administrator for
one or more facilities through one point of access.
‘‘(2) DATES OF DISCLOSURE.—The potentially
responsible parties named by the Environmental
Protection Agency in regard to each facility listed on
the National Priorities List, and the owner or oper-
ator of each facility subject to section 313 of the
Superfund Amendments and Reauthorization Act of
1986, shall submit to the Administrator and to an
official or officials of the State designated by the
Governor the information listed under paragraph (3)
on or before July 1, 2001, for the calendar year
2000, and annually thereafter on or before July 1
for the preceding calendar year. If the Administrator
is carrying out a response action at such a facility,
the Administrator shall compile such information in
lieu of potentially responsible parties.
‘‘(3) INFORMATION DISCLOSED.—The items of
information to be submitted under paragraph (2) for
each facility are as follows:
‘‘(A) The name, location, regulatory status,
common identifiers, and principal activities at
the facility.
‘‘(B) In the case of a facility listed on the
National Priorities List, the identity of all po-
tentially responsible parties associated with the
facility.
‘‘(C) An appropriate certification, signed
by a senior official with management responsi-
bility for the person or persons completing the
report, regarding the accuracy and complete-
ness of the report.
‘‘(D) Subject to section 322 of the Super-
fund Amendments and Reauthorization Act of
1986, each of the items of information listed in
subparagraph (E) for the following substances:
‘‘(i) Each hazardous substance, pollut-
ant, or contaminant identified in the pre-
liminary site assessment as being present
in higher than naturally occurring back-
ground concentrations, if the facility is on
the National Priorities List.
‘‘(ii) Each of the following substances
being released from the facility above natu-
rally occurring background levels: lead,
mercury, dioxin, cadmium, chromium, and
substances listed as bioaccumulative chemi-
cals of concern at 60 Federal Register
15393, and each substance, pollutant, or
contaminant which the Administrator de-
termines may present a significant hazard
to health or the environment due to its
persistence or potential to bioaccumulate
or disrupt endocrine systems, or to other
characteristics. The Administrator may ex-
empt from the requirements of this clause
any of the bioaccumulative chemicals of
concern at 60 Federal Register 15393 that
the Administrator determines do not
present a significant hazard to health or
the environment.
‘‘(iii) Each substance for which the
facility is required to submit a toxic chem-
ical release form under section 313 of the
Superfund Amendments and Reauthoriza-
tion Act of 1986.
‘‘(E) The items referred to in subpara-
graph (D) are as follows:
‘‘(i) If the substance was present or
released as a waste or contaminant, a de-
scription of the form in which the sub-
stance was present or released, or other-
wise a description of the uses of the sub-
stance at the facility.
‘‘(ii) The quantity of the substance
present at the facility at the beginning of
the reporting year.
‘‘(iii) The quantity of the substance
present at the facility at the end of the re-
porting year.
‘‘(iv) The quantity of the substance
destroyed or consumed at the facility, and,
if destroyed or consumed as a waste, the
treatment, energy recovery, or recycling
methods employed.
‘‘(v) The quantity of the substance
generated or produced at the facility, and
if generated or produced as a residual of
the process of waste treatment, whether it
remained on site or was released during
the reporting year.
‘‘(vi) The quantity of the substance
removed as waste from the facility for
treatment, disposal, energy recovery, or re-
cycling and the destination and mode of
transportation.
‘‘(vii) The quantity of the substance
recycled at the facility that is subsequently
used at the facility, except for substances
referred to in subparagraph (D)(i).
‘‘(viii) The quantity of the substance
brought into the facility and the mode of
transportation, except for substances re-
ferred to in subparagraph (D)(i).
‘‘(ix) The quantity of the substance
removed from the facility as or in products
and the mode of transportation, except for
substances referred to in subparagraph
(D)(i).
‘‘(x) The quantity of the substance re-
leased into each environmental medium
from the facility.
‘‘(xi) 
The 
‘hazardous 
substance
throughput’, which shall be calculated by
adding the quantities reported under
clauses (ii), (v), (vii), and (viii) and sub-
tracting the quantity reported under clause
(iii). If the sum of the quantities reported
under clauses (ii), (v), and (viii) does not
equal the sum of the quantities reported
under clauses (iii), (iv), (vi), (ix), and (x),
an explanation of the difference shall be
provided.
‘‘(xii) The number of employees, in-
cluding contractors, at the facility; the
number of employees, including contrac-
tors, at the facility exposed to the sub-
stance; and an estimate of occupational ex-
posures to the substance.
‘‘(F) For substances referred to in sub-
paragraph (D)(i), within 3 years after the date
of enactment of this subparagraph, a statement
of whether the set of information defined under
section 302(d) of the Children’s Protection and
Community Cleanup Act of 1999 is publicly
available. Such a statement shall not be re-
quired for chemicals listed under section 302(e)
of such Act. In lieu of such a statement, a cer-
tification under section 302(g) of such Act may
be submitted where appropriate.
‘‘(4) METHODS OF CALCULATION AND REPORT-
ING.—
‘‘(A) Readily available data (including
monitoring data) collected pursuant to other
provisions of law, or, where such data are not
readily available, reasonable estimates of the
amounts involved may be used to provide the
information required under this subsection.
Nothing in this section requires the monitoring
or measurement of the quantities, concentra-
tion, or frequency of any substance beyond that
monitoring and measurement required under
other provisions of law or regulation.
‘‘(B) The Administrator shall, within 5
years after the enactment of this paragraph,
consolidate all annual reporting pursuant to
this title and other Federal environmental laws
for each entity subject to such reporting, to the
extent not explicitly prohibited by such laws.
Such consolidated reporting requirements shall
allow reporting to one point of contact using
one form or electronic reporting system. In
order to assure consistency, the Administrator
shall require that data be expressed in common
units and shall integrate the reporting require-
ments and public dissemination of information
under this Act with that of section 313 of the
Superfund Amendments and Reauthorization
Act of 1986. Reports shall be submitted in an
electronic format to be determined by the Ad-
ministrator, except for those facilities which the
Administrator believes would be unduly bur-
dened by using such an electronic format.
‘‘(5) INFORMATION PROVIDED TO TECHNICAL
ASSISTANCE
RECIPIENTS
AND
APPLICANTS.—The
Administrator shall provide to recipients of, and ap-
plicants for, technical assistance grants awarded
under subsection (e), community advisory groups es-
tablished under subsection (g), and other interested
persons, each of the following items of information:
‘‘(A) The information reported to or com-
piled by the Administrator under paragraph (3)
regarding the facility or facilities on the Na-
tional Priorities List of concern to such per-
sons.
‘‘(B) All publicly available information re-
ported to the Administrator under Federal envi-
ronmental laws regarding regulated facilities
and the use and release of hazardous sub-
stances in the geographic area of the facility or
facilities on the National Priorities List of con-
cern to such persons. Such information shall be
organized by facility and by other identifiers to
facilitate use by such persons.
‘‘(C) Information that the Administrator
believes to be useful in understanding the po-
tential hazards that may be posed to human
health and the environment by the uses and re-
leases of hazardous substances disclosed under
subparagraphs (A) and (B).
‘‘(6) INFORMATION
PROVIDED
TO
PERSONS
STUDYING NATIONAL AND REGIONAL TRENDS.—The
Administrator shall provide or make available to any
person all publicly available information reported to
the Administrator under Federal environmental laws
regarding facilities and the use and release of haz-
ardous substances in order to study national and re-
gional trends and for other purposes. Such informa-
tion shall be provided through a system that allows
for the retrieval and analysis of information regard-
ing one or more parent companies, facilities, indus-
tries, chemicals, geographic locations, ecological indi-
cators, and categories of regulatory status.’’.
(b) AMENDMENT OF SUPERFUND.—Section 117(a)
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 is amended as fol-
lows:
(1) By striking ‘‘both of the following actions’’
and inserting ‘‘the following actions’’.
(2) By striking ‘‘(2)’’ and inserting ‘‘(3)’’.
(3) By inserting after paragraph (1) the fol-
lowing:
‘‘(2) Publish a notice of availability of the infor-
mation listed under subsection (k)(5).’’.
(c) NO PREEMPTION OF STATE PROGRAMS.—Sub-
section (a) of section 114 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 is amended by inserting ‘‘or reporting’’ after ‘‘re-
lease’’.
(d) PENALTIES FOR NONCOMPLIANCE.—Subsection
(a)(1) of section 109 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 is
amended by adding the following after subparagraph (E):
‘‘(F) A violation of the requirements of
section 117(k).’’.
(e) ADDITIONAL CATEGORIES OF FACILITIES.—Sec-
tion 313(b)(1)(B) of the Superfund Amendments and Re-
authorization Act of 1986 is amended as follows:
(1) By striking ‘‘(B) The Administrator’’ and
inserting ‘‘(B)(i) The Administrator’’.
(2) By adding at the end the following:
‘‘(ii) Within 24 months after the date of enact-
ment of this clause, the Administrator shall promul-
gate a final regulation that adds all additional cat-
egories of facilities that manufactured, processed,
used, or released toxic chemicals in volumes similar
to those of facilities that are covered by this section
as of such date of enactment. This clause shall not
apply to any farm.’’.
(f) TRADE SECRET PROTECTION.—Section 322 of
the Superfund Amendments and Reauthorization Act of
1986 is amended as follows:
(1) In subsection (a)(1) by adding the following
at the end thereof:
‘‘(C) Any person required to submit information
under section 117(k)(3)(D) of the Comprehensive
Environmental Response, Compensation, and Liabil-
ity Act of 1980 may withhold an element or portion
of such information, as defined in regulations pre-
scribed by the Administrator under subsection (c) of
this section, if the person complies with paragraph
(2) of this subsection with respect to the information
to be withheld. This subparagraph shall not provide
authority to withhold any information referred to in
the Pollution Prevention Act of 1990 (42 U.S.C.
13101 and following). Any person withholding infor-
mation under this paragraph shall, in the place on
the submittal where the information would normally
be included, indicate that the information has been
withheld as a trade secret. Any person withholding
information under this subparagraph shall provide to
the Administrator the information required under in
writing and in such manner as the Administrator
may prescribe by regulation.’’.
(2) Subsection (b)(4) is amended by inserting
‘‘or other information withheld’’ after ‘‘The chemical
identity’’.
(3) Subsection (d)(1) is amended by inserting
‘‘, or other information’’ after ‘‘toxic chemical’’.
(4) Subsection (d)(2) is amended by inserting
‘‘or other information withheld’’ after ‘‘specific
chemical identity’’.
(5) Subsection (d)(3)(A) is amended by insert-
ing ‘‘or other information withheld’’ after ‘‘specific
chemical identity’’.
(6) Subsection (d)(3)(B) is amended by insert-
ing ‘‘or other information withheld’’ after ‘‘chemical
identity’’.
(7) Subsection (d)(3)(C) is amended by insert-
ing ‘‘or other information withheld’’ after ‘‘chemical
identity’’ in each place it appears.
(8) Subsection (d)(4)(A) is amended by insert-
ing ‘‘or other information withheld’’ after ‘‘chemical
identity’’.
(9) Subsection (f) is amended by inserting ‘‘or
other information withheld under subsection (a)(1)’’
after ‘‘specific chemical identity’’.
(10) Subsection (h)(1) is amended by inserting
‘‘or other information withheld’’ before ‘‘is claimed
as a’’.
(11) Subsection (h)(2) is amended by inserting
‘‘or other information withheld’’ after ‘‘identity of a
toxic chemical’’.
SEC. 302. UNSTUDIED CHEMICAL RELEASE FORMS.
(a) BASIC REQUIREMENT.—The owner or operator of
a facility subject to the requirements of this section shall
complete an unstudied chemical release form as published
under subsection (h) for each unstudied chemical subject
to the requirements of this section that was manufactured,
processed, or otherwise used in quantities exceeding the
threshold quantity established by subsection (f) during the
preceding calendar year at such facility. Such form shall
be submitted to the Administrator and to an official or
officials of the State designated by the Governor on or
before July 1 of the first year commencing 12 months or
more after the date of enactment of this section and annu-
ally thereafter on July 1, and shall contain data reflecting
releases during the preceding calendar year.
(b) COVERED OWNERS AND OPERATORS OF FACILI-
TIES.—
(1) IN
GENERAL.—The requirements of this
section shall apply to owners and operators of facili-
ties that are required to report pursuant to section
313(b) of the Emergency Planning and Community
Right-To-Know Act (42 U.S.C. 11023(b)).
(2) ADDITION OF FACILITIES.—The Adminis-
trator may by rule apply the requirements of this
section to the owners and operators of any par-
ticular facility or class of facilities that manufac-
tures, processes, or otherwise uses an unstudied
chemical subject to the requirements of this section
if the Administrator determines that such action is
warranted on the basis of—
(A) the potential volume of the unstudied
chemical manufactured, processed, or otherwise
used at the facility;
(B) the proximity of the facility to other
facilities that manufacture, process, or other-
wise use the unstudied chemical or other chemi-
cals of known or potential toxicity;
(C) the proximity of the facility to popu-
lation centers; or
(D) such other factors as the Adminis-
trator deems appropriate.
(3) EXCLUSION OF FACILITIES.—The Adminis-
trator may by rule exclude from reporting under this
section a class of facilities in a Standard Industrial
Classification Code that is required to report under
section 313(b) of the Emergency Planning and Com-
munity Right-To-Know Act (42 U.S.C. 11023(b)),
upon determining that there is sufficient information
to conclude that all unstudied chemicals subject to
the requirements of this section released by such fa-
cilities will not cause one or more of the effects list-
ed in clause (i), (ii), or (iii) of subsection (d)(2)(A).
(c) UNSTUDIED CHEMICALS COVERED.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the unstudied chemicals subject to the re-
quirements of this section are the following:
(A) Any chemical—
(i) for which the information needed
to complete a preliminary assessment of
potential toxicity defined in subsection (d)
is not available, in whole or in part; and
(ii) that is a compound that is a mem-
ber of one or more of the following cat-
egories:
(I) Compounds containing at
least the elements of carbon, hydro-
gen, and one or more of the following
elements: chlorine, fluorine, or bro-
mine.
(II) Compounds included on the
1990 High Production Volume List
compiled by the Administrator based
on the Inventory Update Rule issued
pursuant to section 8 of the Toxic
Substances Control Act, or any subse-
quent version of that list.
(B) Such additional chemicals or cat-
egories of chemicals as the Administrator may
by rule add, based on the potential ability of
the chemical or categories of chemicals to cause
one or more of the effects listed in clause (i),
(ii), or (iii) of subsection (d)(2)(A) or based on
the presence of the chemical or category of
chemicals in human tissues, in food stuffs, or in
drinking water.
(2) EXCEPTIONS.—Notwithstanding paragraph
(1), the following chemicals shall not be subject to
the requirements of this section:
(A) Chemicals listed under section 313(b)
of the Emergency Planning and Community
Right-To-Know Act (42 U.S.C. 11023(b)).
(B) Chemicals that are high molecular
weight polymers.
(C) Chemicals listed by the Administrator
under subsection (e).
(3) AGGREGATED REPORTING.—Information re-
quired to be reported under this section may be re-
ported on an aggregated basis for chemicals con-
taining 20 or more carbon atoms. The Administrator
may by rule increase or decrease the number in the
preceding sentence, but shall not decrease it below
14 carbon atoms.
(d) INFORMATION NEEDED FOR PRELIMINARY AS-
SESSMENT OF POTENTIAL TOXICITY.—
(1) IN GENERAL.—The Administrator may by
rule define the set of information needed to conduct
a preliminary assessment of potential toxicity of a
chemical. If the Administrator does not promulgate
such a rule prior to the date 9 months after the date
of enactment of this section, the set of information
needed to conduct a preliminary assessment of po-
tential toxicity shall be deemed to be the Screening
Information Data Set established by the Organiza-
tion for Economic Cooperation and Development and
published in the SIDS Manual, Second Edition, May
1996, Chapter 2.2.
(2) ALTERATIONS TO SET OF INFORMATION.—
(A) ADDITIONS.—The Administrator shall
add a new element to the set of information
needed for a preliminary assessment of poten-
tial toxicity if the Administrator determines
that adding such element of information is like-
ly to facilitate the completion, or enhance the
reliability, of a preliminary assessment of poten-
tial toxicity because the information relates to
the potential for exposure to the chemical or to
the potential ability of the chemical to cause
one or more of the following:
(i) Significant adverse acute human
health effects.
(ii) In humans—
(I) cancer or teratogenic effects;
or
(II) serious or irreversible repro-
ductive dysfunctions, neurological dis-
orders, heritable genetic mutations,
disruption of endocrine function, or
other chronic health effects.
(iii) A significant adverse effect on the
environment because of the chemical’s—
(I) toxicity;
(II) toxicity and persistence in
the environment; or
(III) toxicity and tendency to bio-
accumulate in the environment.
(B) DELETIONS.—The Administrator may
delete an element of information from the set of
information needed for a preliminary assess-
ment of potential toxicity if the Administrator
determines that—
(i) deleting the element will facilitate
compliance with this section; and
(ii) following the deletion, the set of
elements of information will be adequate to
allow the conduct of a preliminary assess-
ment of potential toxicity at least as reli-
ably as would occur through use of the
Screening Information Data Set.
(3) MODIFICATIONS OF ELEMENTS OF INFOR-
MATION.—The Administrator may modify an ele-
ment of information needed for a preliminary assess-
ment of potential toxicity if the Administrator deter-
mines that—
(A) modifying the element is likely to—
(i) facilitate the completion or en-
hance the reliability of a preliminary as-
sessment of potential toxicity, taking into
account the factors listed in paragraph (2),
or
(ii) facilitate compliance with this sec-
tion; and
(B) following the modification, the set of
elements of information will be adequate to
allow the conduct of a preliminary assessment
of potential toxicity at least as reliably as would
occur through use of the Screening Information
Data Set.
(e) CHEMICALS FOR WHICH REPORTING IS NOT RE-
QUIRED.—
(1) 
IN
GENERAL.—Reporting 
requirements
under this section shall not apply to chemicals listed
by the Administrator under paragraph (2).
(2) LISTED
CHEMICALS.—The Administrator
may determine, for a particular covered chemical,
that the set of information referred to in subsection
(d) is publicly available. The Administrator shall
maintain a list of such chemicals and update the list
at least annually.
(3) REQUIREMENT
TO
MAKE
INFORMATION
ELECTRONICALLY
AVAILABLE.—Upon 
adding 
a
chemical to the list of chemicals for which reporting
is not required, the Administrator shall ensure that
the information needed to conduct a preliminary as-
sessment of potential toxicity of the chemical is pub-
licly accessible through electronic means.
(4) ADDITIONAL
DETERMINATION
REQUIRED
FOR LISTED CHEMICALS.—Upon adding a chemical
to the list of chemicals for which reporting is not re-
quired, the Administrator shall make one of the fol-
lowing determinations and publish a statement of
the basis for the determination:
(A) Based on available information, the
chemical is a low priority for further consider-
ation or action by the Environmental Protection
Agency.
(B) Based on available information, the
chemical is a priority for additional testing.
(C) Releases of the chemical appear to
warrant reporting under 313 of the Emergency
Planning and Community Right-To-Know Act
(42 U.S.C. 11023).
(D) Based on available information, regu-
latory action by the Environmental Protection
Agency appears to be warranted.
(E) Based on available information, regu-
latory action by another Federal agency ap-
pears to be warranted.
(5) SPECIFIC REQUIREMENTS FOR CERTAIN DE-
TERMINATIONS.—(A) For a chemical with respect to
which the Administrator makes a determination
under paragraph (4)(B), the Administrator shall
issue a rule to require testing under section 4 of the
Toxic Substances Control Act within 90 days after
the date of the determination unless the Adminis-
trator by that date has entered into an enforceable
voluntary testing agreement for the chemical. If no
such rule is issued or voluntary agreement estab-
lished within such 90 days, or if the data required
to be submitted by the rule are not submitted within
the period specified by the rule, the requirements of
section 313 of the Emergency Planning and Com-
munity Right-To-Know Act (42 U.S.C. 11023) shall
automatically apply to the chemical.
(B) For chemicals with respect to which the
Administrator makes a determination under para-
graph (4)(C), the Administrator shall propose by
rule adding the chemical to the list of toxic chemi-
cals covered by section 313 of such Act within 90
days after the date of the determination. If no final
rule adding the chemical, or final determination not
to add the chemical, is issued within 6 months after
such date of determination the requirements of sec-
tion 313 of the Emergency Planning and Commu-
nity Right-To-Know Act (42 U.S.C. 11023) shall
automatically apply to the chemical.
100
(C) For chemicals with respect to which the Ad-
ministrator makes a determination under paragraph
(4)(D), the Administrator shall propose by rule an
appropriate action within 180 days after the date of
the determination. Unless such a rule is proposed
within 9 months, or unless the Administrator pub-
lishes a determination stating that no such rule is
warranted, the requirements of section 313 of the
Emergency Planning and Community Right-To-
Know Act (42 U.S.C. 11023) shall automatically
apply to the chemical.
(D) For chemicals with respect to which the
Administrator makes a determination under para-
graph (4)(E), the Administrator shall notify the
head of the other Federal agency of the Administra-
tor’s determination within 180 days after the date of
the determination. Unless such a rule is proposed
within 9 months, or unless the head of the other
Federal agency publishes a determination stating
that no such rule is warranted, the requirements of
section 313 of the Emergency Planning and Com-
munity Right-To-Know Act (42 U.S.C. 11023) shall
automatically apply to the chemical.
(f) THRESHOLD FOR REPORTING.—
101
(1) 
UNSTUDIED
CHEMICAL
THRESHOLD
AMOUNT.—The threshold amounts for purposes of
reporting unstudied chemicals under this section are
as follows:
(A) With respect to an unstudied chemical
used at a facility, 10,000 pounds of the unstud-
ied chemical per year.
(B) With respect to an unstudied chemical
manufactured (other than as nonproduct out-
put) or processed at a facility, 25,000 pounds
of the unstudied chemical per year.
(C) With respect to an unstudied chemical
manufactured as nonproduct output at a facil-
ity, 500 pounds of the unstudied chemical per
year.
(2) REVISIONS.—The Administrator may estab-
lish a threshold amount for an unstudied chemical
different from the amount established by paragraph
(1). Such revised threshold shall obtain reporting on
at least 80 percent of total releases and production
of nonproduct output of the chemical at all facilities
subject to the requirements of this section. The
amounts established under this paragraph may, at
the Administrator’s discretion, be based on classes of
chemicals or categories of facilities.
102
(g) CERTIFICATION IN LIEU OF REPORTING.—
(1) IN GENERAL.—A facility owner or operator
who is otherwise required to submit a report under
this section with regard to a chemical need not sub-
mit such a report if the owner or operator submits
a certification that identifies the chemical and states
that the set of information referred to in subsection
(d) is publicly available for that chemical.
(2) FORMAT.—Such certification shall provide
the name and location of the facility, and shall in-
clude a statement, signed by a senior official with
management responsibility for the person or persons
submitting the certification, regarding the accuracy
of the certification. The Administrator may issue
rules regarding the format for such certifications.
(3) AVAILABILITY.—The Administrator shall
make such certifications publicly available in con-
junction with, and by the same means as, forms sub-
mitted under this section.
(h) FORM.—
(1) INFORMATION REQUIRED.—
(A) IN GENERAL.—Not later than June 1
of the first year commencing 18 months or
more after the date of enactment of this Act,
the Administrator shall publish a uniform un-
103
studied chemical release form for facilities cov-
ered by this section. If the Administrator does
not publish such a form, owners and operators
of facilities subject to the requirements of this
section shall provide the information required
under this subsection by letter postmarked on
or before the date on which the form is due. In
the Administrator’s discretion such form either
shall be a supplement to the forms required
under section 313 of the Emergency Planning
and Community Right-To-Know Act (42 U.S.C.
11023), or shall integrate the information re-
quired by subparagraph (B) into the forms re-
quired under section 313 of the Emergency
Planning and Community Right-To-Know Act
(42 U.S.C. 11023).
(B) INFORMATION REQUIRED.—The form
referred to in subparagraph (A) shall provide
for submission of each of the following items of
information for each covered unstudied chem-
ical present at the facility in quantities greater
than the threshold established under subsection
(f):
104
(i) The identity of each such chemical,
including the structure and, if any, the
Chemical Abstracts Service Number.
(ii) Whether the unstudied chemical
at the facility is manufactured as a prod-
uct output, manufactured as a nonproduct
output, processed, or otherwise used, and
the general category or categories of use of
the chemical.
(iii) An estimate of the maximum
amounts (in ranges) of the unstudied
chemical present at the facility at any time
during the preceding calendar year.
(iv) For each wastestream, the waste
treatment or disposal methods employed,
and an estimate of the treatment efficiency
typically achieved by such methods for that
wastestream.
(v) The annual quantity of the un-
studied chemical entering each environ-
mental medium.
(2) USE OF AVAILABLE DATA.—In order to pro-
vide the information required under this section, the
owner or operator of a facility may use readily avail-
able data (including monitoring data) collected pur-
105
suant to other provisions of law, or, where such data
are not readily available, reasonable estimates of the
amounts involved. Nothing in this section requires
the monitoring or measurement of the quantities,
concentration, or frequency of any unstudied chem-
ical released into the environment beyond that moni-
toring and measurement required under other provi-
sions of law or regulation. In order to assure consist-
ency, the Administrator shall require that data be
expressed in common units.
(3) CONTINUED
OBLIGATION
TO
CONDUCT
ANALYSES.—Nothing in paragraph (2) shall be in-
terpreted to relieve the owner or operator of a facil-
ity covered by this section of any requirement to
conduct mass balance or other analyses as needed in
order to identify unstudied compounds covered by
this section.
(i) USE OF RELEASE FORM.—The release forms re-
quired under this section are intended to provide informa-
tion to the Federal, State, and local governments and the
public, including recipients of, and applicants for, tech-
nical assistance grants awarded under section 117(e) of
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (as amended by this Act),
community advisory groups established under section
106
117(g) of such Act (as amended by this Act), and other
interested persons. The release form shall be available con-
sistent with section 324(a) of the Emergency Planning
and 
Community 
Right-To-Know 
Act 
(42 
U.S.C.
11044(a)).
(j) PETITIONS.—
(1) IN GENERAL.—Any person may petition the
Administrator to take any of the actions listed in
paragraph (2). Within 180 days after receipt of a
petition, the Administrator shall take one of the fol-
lowing actions:
(A) Initiate a rulemaking to take the re-
quested action.
(B) Publish an explanation of why the pe-
tition is denied.
(2) TYPES
OF
PETITIONS.—A petition under
paragraph (1) may request that the Administrator
take any of the following actions:
(A) Add or exclude facilities or classes of
facilities required to report under this section
under subsection (b).
(B) Add a chemical or category of chemi-
cals to the chemicals subject to the require-
ments of this section under subsection (c) on
the basis of the potential ability of some or all
107
chemicals in the category to harm human
health or the environment.
(C) Add, delete, or modify elements in the
set of information needed to conduct a prelimi-
nary assessment of potential toxicity of a chem-
ical under subsection (d).
(D) Add or delete chemicals from the list
of chemicals for which reporting is not required
under subsection (e)(2).
(E) Revise the threshold for purposes of
reporting unstudied chemicals under subsection
(f).
(k) EPA MANAGEMENT OF DATA.—The Adminis-
trator shall establish and maintain in a computer database
a national unstudied chemicals inventory based on data
submitted to the Administrator under this section. The
Administrator shall make these data accessible by com-
puter telecommunication and other means to any person
on a cost reimbursable basis.
(l) ENFORCEMENT.—
(1) IN GENERAL.—A violation of this section
shall be subject to civil and administrative penalties
under section 325(c) of the Emergency Planning
and Community Right-To-Know Act (42 U.S.C.
108
11045(c)), as if it were a violation of section 313 of
such Act (42 U.S.C. 11023).
(2) BURDEN OF PROOF.—In any enforcement
proceeding in which it is alleged that a certification
under subsection (g) is erroneous, the burden shall
be on the defendant to show that the set of informa-
tion required under subsection (d) is publicly avail-
able.
(m) TRADE SECRETS.—Section 322 of the Emer-
gency Planning and Community Right-To-Know Act (42
U.S.C. 11042) shall apply to the owner or operator of a
facility subject to the requirements of this section with re-
gard to an unstudied chemical subject to such require-
ments in the same manner as that section applies to per-
sons described in subsection (a)(1) of that section with
regard to a hazardous chemical, an extremely hazardous
substance, and a toxic chemical.
(n) RELATIONSHIP TO OTHER LAW.—Nothing in this
section shall—
(1) preempt any State or local law;
(2) otherwise affect any State or local law or
the authority of any State or local government to
adopt or enforce any State or local law; or
(3) affect or modify in any way the obligations
or liabilities of any person under other Federal law.
109
(o) EFFECTIVE DATE OF REGULATIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), regulations implementing this section
shall take effect 60 days after the date of promulga-
tion.
(2) CERTAIN
REGULATIONS.—The following
regulations shall take effect on July 1 of the first
year commencing 24 months or more after the date
of promulgation:
(A) Additions to the facilities or classes of
facilities required to report under this section
under subsection (b).
(B) Additions to the unstudied chemicals
subject to the requirements of this Act under
subsection (c)(1)(B).
(C) Additions to and significant modifica-
tions of the set of information under subsection
(d).
(D) Deletions from the list of chemicals
under subsection (e)(2) for which reporting is
not required under this section.
(E) Decreases in the threshold for pur-
poses of reporting unstudied chemicals under
subsection (f).
110
(p) DEFINITIONS.—For purposes of this section, the
following definitions apply:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency.
(2) The term ‘‘manufacture’’ means to produce,
prepare, import, or compound an unstudied chem-
ical.
(3) The term ‘‘process’’ means the preparation
of an unstudied chemical, after its manufacture, for
distribution in commerce—
(A) in the same form or physical state as,
or in a different form or physical state from,
that in which it was received by the person so
preparing such chemical; or
(B) as part of an article containing the un-
studied chemical.
(4) The term ‘‘high molecular weight polymer’’
means chemicals that would be exempted from re-
porting under regulations adopted pursuant to sec-
tion 5 of the Toxic Substances Control Act (15
U.S.C. 2604).
(5) The term ‘‘nonproduct output’’ means the
quantity of a reported substance that was generated
prior to storage, out-of-process recycling, treatment,
control, or disposal, and that was not intended for
111
use as a product. The term includes environmental
releases of such a substance, off-site transfers of
such a substance for energy recovery or recycling,
and off-site transfers of such a substance as (or in)
waste for treatment or disposal.
TITLE IV—ENVIRONMENTAL
JUSTICE
SEC. 401. ENVIRONMENTAL JUSTICE.
Section 116 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9616) is amended by adding at the end the fol-
lowing:
‘‘(f) ENVIRONMENTAL JUSTICE.—
‘‘(1) PURPOSE.—The purpose of this subsection
is to ensure that Superfund sites in economically
distressed and socially disenfranchised communities
are identified, evaluated, and cleaned up as quickly
and effectively as Superfund sites in other areas.
‘‘(2) DESIGNATION
OF
SPECIAL
PRIORITY
AREAS.—Not later than six months after the enact-
ment of this subsection, the President, acting
through the Secretary of Commerce, shall publish a
list of ‘special priority areas’, which shall be geo-
graphic areas in which residents face a high degree
of economic distress or social disenfranchisement.
112
The President shall update the list not later than
two years after each official census count on social
and economic characteristics performed by the Bu-
reau of the Census under title 13, United States
Code. The President shall state the reason for in-
cluding each area on the list. The list shall include—
‘‘(A) all census tracts (or where not
tracted, all equivalent county divisions as de-
fined by the Bureau of the Census for the pur-
pose of defining poverty areas) in which the
poverty rate was more than 20 percent, as de-
termined by the most recent census data avail-
able;
‘‘(B) areas that consist of parts of one or
more census tracts or block numbering areas,
and which the President believes experience a
high degree of pervasive poverty, unemploy-
ment, and general distress;
‘‘(C) all electoral precincts in which the
percent of voting age residents who voted in the
three most recent Presidential elections ranks
among the lowest 10 percent in the United
States;
‘‘(D) all census tracts or block numbering
areas in which more than 50 percent of resi-
113
dents identify themselves as Black, Asian,
American Indian, Pacific Islander, Eskimo, or
Aleut, or of any other non-white origin or of
Hispanic origin, as determined by the Bureau
of the Census using the most recent census
data available;
‘‘(E) areas in which the President deter-
mines there is the potential for a higher than
average incidence of cancer, neurotoxic effects,
disorders of the human reproductive system, en-
docrine disruption, respiratory disorders, der-
matologic disorders, or other health effects that
the President believes may be related to expo-
sure to hazardous substances, as determined by
the President using data gathered from Fed-
eral, State, and local government agencies and
other sources of information; and
‘‘(F) areas in which the President believes
residents may be subject to higher than average
exposure to hazardous substances, as deter-
mined by the President using data gathered
from Federal, State, and local government
agencies and other sources of information.
‘‘(3) ADVERTISING
THE
RIGHT
OF
PETITION
FOR ASSESSMENT OF RELEASE IN SPECIAL PRIORITY
114
AREAS.—Not later than one year after the enact-
ment of this subsection and annually thereafter, the
President shall advertise the right of petition for as-
sessment of release, as established under section
105(d), in all special priority areas, using means of
communication that the President believes will be ef-
fective in reaching residents of such areas. Such
means of communication shall include communica-
tions media targeted to area residents or posters in
public places and places of worship. The President
may also provide technical assistance to individuals
seeking to exercise such right of petition in such
areas.
‘‘(4) DESIGNATION OF SPECIAL PRIORITY FA-
CILITIES.—(A) Not later than one year after enact-
ment of this subsection, and annually thereafter, the
President shall publish a list of facilities designated
as ‘special priority facilities’, which shall be those fa-
cilities which are located in special priority areas
and are—
‘‘(i) listed in the Comprehensive Environ-
mental Response, Compensation, and Liability
Information System (CERCLIS);
‘‘(ii) the subject of a petition made under
section 105(d); or
115
‘‘(iii) other facilities as the President con-
siders appropriate.
‘‘(B) In order to maximize efficiency, for each
facility designated as a special priority facility, the
President shall prepare within 60 days of such des-
ignation a preliminary schedule setting out the per-
formance of the preliminary assessment, site inspec-
tion, ranking, remedial action selection, and remedial
action implementation which complies with the time
periods set forth in this subsection.
‘‘(5) PRELIMINARY
ASSESSMENT
OF
SPECIAL
PRIORITY FACILITIES.—Not later than six months
after designating any facility as a special priority fa-
cility, the President shall complete a preliminary as-
sessment of the facility.
‘‘(6) SITE INSPECTION AND RANKING OF SPE-
CIAL PRIORITY FACILITIES.—(A) Not later than one
year after designating a facility as a special priority
facility, the President shall complete a site inspec-
tion of the facility and score the facility using the
Hazard Ranking System, unless the President—
‘‘(i) finds in performing the preliminary
assessment at the facility that a site inspection
is not necessary; and
116
‘‘(ii) publishes a statement explaining the
reasons that a site inspection is not necessary.
‘‘(B) For any facility located in a State which
has a cooperative agreement with the Environmental
Protection Agency to perform site inspections, the
President may amend such agreement to gather the
information necessary to comply with this para-
graph. Failure to amend such agreement shall not
relieve the President of the obligations set forth in
this subsection.
‘‘(7) PROPOSED LISTING OF SPECIAL PRIORITY
FACILITIES.—Not later than two years after desig-
nating a facility as a special priority facility, if the
facility ranks highly enough using the Hazard Rank-
ing System to be a candidate for placement on the
National Priorities List established under section
105, the President shall propose placing the facility
on the National Priorities List and shall publish no-
tice of such proposal.
‘‘(8) LISTING
OF
SPECIAL
PRIORITY
FACILI-
TIES.—Not later than three years after designating
a facility as a special priority facility, if the facility
ranks highly enough using the Hazard Ranking Sys-
tem to be a candidate for placement on the National
Priorities List established under section 105, the
117
President shall place the facility on the National
Priorities List, except as provided in paragraph
(10).
‘‘(9) TIMELINESS
IN
CLEANING
UP
SPECIAL
PRIORITY FACILITIES.—For any special priority fa-
cility placed on the National Priorities List, the
President shall ensure that a remedial action is se-
lected not later than 2 years after the facility is
placed on the List, and that the remedial action is
implemented not later than 3 years after the facility
is placed on the List (or within such time period as
may be provided under paragraph (11)). Nothing in
this section shall be interpreted to change the condi-
tions under which the President shall perform a re-
moval action.
‘‘(10) EXCEPTION FROM LISTING SPECIAL PRI-
ORITY FACILITIES.—The President may refrain from
placing a special priority facility on the National
Priorities List if—
‘‘(A) a remedial action is selected for the
facility not later than 3 years after the facility
is placed on the list of special priority facilities,
and the remedial action is implemented not
later than 4 years after the facility is placed on
the list of special priority facilities (or within
118
such time period as may be provided under
paragraph (11));
‘‘(B) in the opinion of the President, the
remedial action selected and implemented pro-
vides the same level of protection of human
health and environment as would be provided if
the President had selected and implemented a
remedial action under this Act; and
‘‘(C) in the opinion of the President, the
process of selecting the remedial action provides
the same level of public participation as would
be provided if the President had carried out
such process under section 117.
‘‘(11) ADDITIONAL
TIME
PERIOD
FOR
EX-
TRAORDINARY
CONDITIONS.—For any special pri-
ority facility that the President finds to be subject
to extraordinarily complex conditions, the dates by
which remedial actions are to be selected and imple-
mented under paragraphs (9) and (10) may be ex-
tended by one year.
‘‘(12) REPORTING ON THE CLEANUP OF SPE-
CIAL
PRIORITY
FACILITIES.—Not later than four
years after the enactment of this subsection, and
every two years thereafter, the President shall sub-
mit to Congress a report containing the following:
119
‘‘(A) A discussion of the progress made in
cleaning up special priority facilities.
‘‘(B) A comparison between special priority
facilities and other facilities on the National
Priorities List of—
‘‘(i) the time required for investiga-
tion, remedy selection, and remedy imple-
mentation at such facilities;
‘‘(ii) the type of remedy implemented
at such facilities; and
‘‘(iii) the level of public participation
found in the selection and implementation
of the remedy at such facilities.’’.
TITLE V—CHILDREN’S
ENVIRONMENTAL HEALTH
SEC. 501. CHILDREN’S ENVIRONMENTAL HEALTH.
(a) IN GENERAL.—Title I of the Comprehensive En-
vironmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), is amended by adding at
the end the following:
‘‘SEC. 127. CHILDREN’S ENVIRONMENTAL HEALTH.
‘‘(a) IDENTIFICATION
AND EVALUATION
OF SUB-
STANCES HAZARDOUS TO CHILDREN.—
‘‘(1) LISTING OF SUBSTANCES HAZARDOUS TO
CHILDREN.—The Administrator of the Agency for
120
Toxic Substances and Disease Registry (in this sec-
tion referred to as ‘ATSDR’) and the Administrator
of the Environmental Protection Agency shall create
within 1 year after the date of enactment of this sec-
tion (and review and revise every 2 years thereafter)
a scientifically peer-reviewed list of environmental
pollutants commonly found at facilities listed or pro-
posed for listing on the National Priorities List with
known, likely, or suspected health risks to which
fetuses and children are especially susceptible.
‘‘(2) REVISION OF GUIDELINES FOR PREPARA-
TION OF TOXICOLOGICAL PROFILES.—Not later than
1 year after the date of enactment of this section,
the Administrator of ATSDR and the Administrator
of the Environmental Protection Agency shall revise
the guidelines for preparation of toxicological pro-
files of hazardous substances (as developed pursuant
to section 104(i)(3)) to include—
‘‘(A) consideration of exposure pathways
and health effects of particular concern with re-
gard to fetuses and children;
‘‘(B) development of exposure levels spe-
cific to different age ranges, as appropriate;
and
121
‘‘(C) identification of priority data needs
specific to fetal and children’s environmental
health.
‘‘(3) PREPARATION
AND
REVISION
OF
TOXI-
COLOGICAL
PROFILES.—The 
Administrator 
of
ATSDR shall prepare within 3 years after the date
of enactment of this section (and review and revise
every 5 years thereafter) scientifically peer-reviewed
toxicological profiles of each of the substances listed
pursuant to paragraph (1) using the guidelines re-
vised pursuant to paragraph (2). Toxicological pro-
files for substances listed under section 104(i)(2) be-
fore the date of enactment of this section shall be
revised using such guidelines not later than 3 years
after such date of enactment.
‘‘(b) REVISION OF PUBLIC HEALTH AND ENVIRON-
MENTAL STANDARDS.—
‘‘(1) IN GENERAL.—The Administrator of the
Environmental Protection Agency or the Secretary
of Health and Human Services, as appropriate, shall
review, and revise where necessary, environmental
and public health regulations, risk assessment poli-
cies and procedures, and guidance documents, issued
or used under this Act, to determine whether they
consider and fully protect fetal and children’s health.
122
‘‘(2) REVIEW OF STANDARDS.—In carrying out
paragraph (1), not later than 1 year after the date
of enactment of this section, the Administrator, in
cooperation with the Secretary, shall—
‘‘(A) develop an administrative process for
reviewing regulations, risk assessment policies
and procedures, and guidance documents;
‘‘(B) develop a peer-reviewed list of regula-
tions, risk assessment policies and procedures,
and guidance documents that require revision
and prioritize the list based on the degree of
risk posed to fetal and children’s health; and
‘‘(C) identify, through peer review, which
regulations, risk assessment policies and proce-
dures, and guidance documents on the list will
require additional research in order to be re-
vised and identify the time and resources re-
quired to carry out the necessary research.
‘‘(3) REVISION OF STANDARDS.—The Adminis-
trator shall propose within 3 years after the date of
enactment of this section (and review and revise
every 5 years thereafter) revised regulations, risk as-
sessment policies and procedures, and guidance doc-
uments for those regulations, risk assessment poli-
cies and procedures, and guidance documents identi-
123
fied under paragraph (2)(B) that were not also iden-
tified under paragraph (2)(C). All regulations, risk
assessment policies and procedures, and guidance
documents identified under paragraph (2)(B) shall
be revised within 6 years after the date of enactment
of this section.
‘‘(4) EFFECTIVE DATE.—If the Administrator
or the Secretary revises any regulations, risk assess-
ment policies and procedures, and guidance docu-
ments identified under paragraph (2)(B), notwith-
standing any other provision of law, the effective
date of such revision shall be no later than one year
after the date of the issuance of such revision.
‘‘(5) REPORT.—The Administrator shall submit
to Congress every 2 years a report on the progress
being made in carrying out the objectives of this
subsection.
‘‘(c) CONSIDERATION OF CHILDREN’S HEALTH IN
HEALTH ASSESSMENTS.—When conducting a health as-
sessment at a facility, the Administrator of ATSDR shall,
at a minimum, consider—
‘‘(1) the potential risk to fetal and children’s
health posed by the facility, including long-term,
synergistic, and cumulative health effects;
124
‘‘(2) the existence of potential exposure path-
ways that are of particular concern with regard to
fetuses and children; and
‘‘(3) the comparison of expected exposure levels
for children posed by a release from the facility and
any recommended, child-specific exposure or toler-
ance levels.
‘‘(d) CHILDREN’S ENVIRONMENTAL HEALTH RE-
SEARCH.—
‘‘(1) IN GENERAL.—In order to address the pri-
ority data needs identified in the toxicological pro-
files prepared pursuant to subsection (a) and to ob-
tain additional information on the health effects of
hazardous substances on fetuses and children, fetal
and children’s environmental health concerns shall
be systematically incorporated into health studies
and research programs conducted pursuant to sec-
tions 104(i)(5) and 104(i)(7) and all other health re-
search initiatives pursuant to this Act.
‘‘(2) GUIDELINES.—Not later than 1 year after
the date of enactment of this section, the Adminis-
trator of ATSDR, in cooperation with the Adminis-
trator of the Environmental Protection Agency, the
Centers for Disease Control and Prevention, the Di-
rector of the National Institute of Environmental
125
Health Sciences, and the Indian Health Service shall
develop guidelines for addressing fetal and children’s
environmental health issues in health studies and re-
search programs, including studies and research con-
ducted by ATSDR and other Federal agencies, State
departments of public health, and university-based
investigators.
‘‘(3) CHILD-SPECIFIC HEALTH STUDIES.—Not
later than 1 year after the date of enactment of this
section, the Administrator of ATSDR, in cooperation
with the Administrator of the Environmental Protec-
tion Agency, the Centers for Disease Control and
Prevention, the Director of the National Institute of
Environmental Health Sciences, and the Indian
Health Service shall develop criteria for determining
when and what type of child-specific health study
shall be conducted based on the results of a health
assessment conducted by the Administrator.
‘‘(4) COSTS.—It is the sense of Congress that
the costs of research programs under this paragraph
be borne by the manufacturers and processors of the
hazardous substance in question using the same reg-
ulations promulgated under section 104(i)(5)(D).
‘‘(e) 
NATIONAL
CHILDREN’S
EXPOSURE
REG-
ISTRY.—To assist in carrying out this section, the Admin-
126
istrator of ATSDR, in cooperation with the States, shall
establish and maintain not later than 2 years after the
date of enactment of this section an exposure registry for
all children exposed to hazardous substances as the result
of a release at a facility listed on the National Priorities
List, where ATSDR determines that levels of exposure are
significant for children’s health.
‘‘(f) CHILDREN’S ENVIRONMENTAL HEALTH EDU-
CATION PROGRAM.—Not later than 3 years after the date
of enactment of this section, the Administrator of
ATSDR, in cooperation with the Administrator of the En-
vironmental Protection Agency, the Centers for Disease
Control and Prevention, the Director of the National Insti-
tute of Environmental Health Sciences, and the Indian
Health Service shall—
‘‘(1) assemble, develop as necessary, and dis-
tribute to State health departments, tribal health of-
ficials, waste site information offices, school dis-
tricts, health clinics, medical colleges, and, upon re-
quest, to physicians and other health professionals,
appropriate educational materials (including short
courses) on the medical surveillance, screening, and
methods of diagnosis and treatment of injury or dis-
ease related to exposure to hazardous substances
127
that are of particular concern with regard to fetuses
and children;
‘‘(2) develop and implement wherever health
services are being provided pursuant to section
104(i)(15)(C) a children’s environmental health care
training program for health care providers serving
communities affected by the release of hazardous
substances, including training in techniques for as-
sessing exposure of children to hazardous sub-
stances, methods of diagnosis and treatment of in-
jury and disease related to exposure to hazardous
substances that are of particular concern with re-
gard to fetuses and children, and primary preven-
tion; and
‘‘(3) develop and distribute to State health de-
partments, tribal health officials, waste site informa-
tion offices, school districts, health clinics, and, upon
request, to medical colleges, physicians, and other
health professionals, a family right-to-know informa-
tion kit that includes helpful information and guid-
ance to families regarding children’s environmental
health, including—
‘‘(A) information on the potential health
effects of exposure to hazardous substances;
128
‘‘(B) practical suggestions on how parents
can reduce their children’s exposure to haz-
ardous substances;
‘‘(C) the rights of families living in af-
fected communities to receive health services
under section 104(i)(15)(C);
‘‘(D) how further information can be ob-
tained on children’s environmental health; and
‘‘(E) other relevant information, as deter-
mined by the Administrator.
‘‘(g) PEDIATRIC PEER REVIEW.—All lists, profiles,
studies, and results of research conducted under this sec-
tion shall be reported or adopted only after appropriate
peer review, including review by pediatricians and environ-
mental health specialists. Peer reviews shall be conducted
by panels consisting of no less than 3 members, who shall
be disinterested scientific experts selected for such purpose
by the Administrator of ATSDR and the Administrator
of the Environmental Protection Agency on the basis of
their reputation for scientific objectivity and lack of insti-
tutional ties with any person involved in the conduct of
the study or research under review, or any person involved
with the manufacture, processing, marketing, or distribu-
tion of the hazardous substance, pollutant, or contaminant
under investigation.’’.
129
(b) DEFINITION.—Section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 is amended by adding the following at the end:
‘‘(39) The term ‘children’ means individuals
under 18 years of age.’’.
TITLE VI—BROWNFIELD REME-
DIATION 
AND 
ENVIRON-
MENTAL CLEANUP
Subtitle A—Brownfields
SEC. 601. BROWNFIELDS TITLE.
The Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 and
following) is amended by adding the following new title
at the end:
‘‘TITLE V—BROWNFIELD REME-
DIATION 
AND 
ENVIRON-
MENTAL CLEANUP
‘‘SEC. 501. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) IN GENERAL.—Except as otherwise speci-
fied in this title, the terms used in this title shall
have the meanings provided by section 101 of this
Act.
‘‘(2) BROWNFIELD SITE.—The term ‘brownfield
site’ means a parcel of land that contains or con-
130
tained abandoned or under-used commercial or in-
dustrial facilities, the expansion or redevelopment of
which may be complicated by the presence or poten-
tial presence of hazardous substances, pollutants, or
contaminants.
‘‘(3) DISPOSAL.—The term ‘disposal’ has the
meaning given the term in section 1004 of the Solid
Waste Disposal Act (42 U.S.C. 6903).
‘‘(4) ENVIRONMENTAL
CONTAMINATION.—The
term ‘environmental contamination’ means the exist-
ence at a brownfield site of one or more hazardous
substances, pollutants, or contaminants that may
pose a threat to human health or the environment.
‘‘(5) GRANT.—The term ‘grant’ includes a co-
operative agreement.
‘‘(6) LOCAL
GOVERNMENT.—The term ‘local
government’ has the meaning given the term ‘unit of
general local government’ in the first sentence of
section 102(a)(1) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302(a)(1)),
except that the term includes an Indian tribe.
‘‘(7) SITE ASSESSMENT.—
‘‘(A) IN GENERAL.—The term ‘site assess-
ment’ means an investigation that determines
the nature and extent of a release or potential
131
release 
of 
a 
hazardous 
substance 
at 
a
brownfield site and meets the requirements of
subparagraph (B).
‘‘(B) INVESTIGATION.—For the purposes
of this paragraph, an investigation that meets
the requirements of this subparagraph—
‘‘(i) shall include—
‘‘(I) an onsite evaluation; and
‘‘(II) sufficient testing, sampling,
and other field-data-gathering activi-
ties to accurately determine whether
the brownfield site is contaminated
and the threats to human health and
the environment posed by the release
of hazardous substances, pollutants,
or contaminants at the brownfield
site; and
‘‘(ii) may include—
‘‘(I) review of such information
regarding the brownfield site and pre-
vious uses as is available at the time
of the review; and
‘‘(II) an offsite evaluation, if ap-
propriate.
132
‘‘SEC. 
502. 
INVENTORY, 
ASSESSMENT, 
AND 
TRAINING
GRANT PROGRAM.
‘‘(a) IN GENERAL.—The Administrator shall estab-
lish a program to award grants to local governments to
inventory brownfield sites, to conduct site assessments of
brownfield sites, and to provide training in the cleanup
of brownfield sites, including associated rivers and
streams. Public participation in the program shall be pro-
vided for, encouraged, and assisted by the Administrator.
The Administrator shall develop and publish minimum
guidelines for demonstrating meaningful community in-
volvement.
‘‘(b) SCOPE OF PROGRAM.—
‘‘(1) GRANT AWARDS.—To carry out subsection
(a), the Administrator may, on approval of an appli-
cation, provide grants to a local government.
‘‘(2) GRANT APPLICATION.—An application for
a grant under this section shall include, to the ex-
tent practicable, each of the following:
‘‘(A) An identification of the potential
brownfield sites for which assistance is sought
and a description of the effect of the brownfield
sites on the community, including a description
of the nature and extent of any known or sus-
pected environmental contamination within the
sites.
133
‘‘(B) A description of the need of the ap-
plicant for financial assistance to inventory
brownfield sites, to conduct site assessments,
and to provide training in brownfield site clean-
up.
‘‘(C) A demonstration of the potential of
the grant assistance to stimulate economic de-
velopment or creation of recreational areas, in-
cluding the extent to which the assistance will
stimulate the availability of other funds for site
assessment, site identification, or environmental
remediation and subsequent redevelopment of
the areas in which eligible brownfield sites are
situated.
‘‘(D) A description of the local commit-
ment as of the date of the application, which
shall include a community involvement plan
that demonstrates meaningful community in-
volvement, including the training and participa-
tion of local citizens in brownfield site cleanup.
‘‘(E) An identification of the brownfield
sites that have associated rivers and streams,
and, for those sites, a description of the poten-
tial for involving local citizens in restoring those
rivers and streams, including the training and
134
participation of local citizens to perform the
restoration work.
‘‘(F) A plan that shows how the site as-
sessment, site identification, or environmental
remediation and subsequent development will be
implemented, including—
‘‘(i) an environmental plan that en-
sures the use of sound environmental pro-
cedures;
‘‘(ii) an explanation of the appropriate
government authority and support for the
project as in existence on the date of the
application;
‘‘(iii) proposed funding mechanisms
for any additional work; and
‘‘(iv) a proposed land ownership plan.
‘‘(G) A statement on the long-term bene-
fits and the sustainability of the proposed
project that includes—
‘‘(i) the ability of the project to be
replicated nationally and measures of suc-
cess of the project; and
‘‘(ii) to the extent known, the poten-
tial of the plan for each area in which an
eligible brownfield site is situated to stimu-
135
late economic development of the area or
creation of recreational areas on comple-
tion of the environmental remediation.
‘‘(H) Such other factors as the Adminis-
trator considers relevant to carry out this title.
‘‘(3) APPROVAL OF APPLICATION.—
‘‘(A) IN GENERAL.—In making a decision
whether to approve an application under this
subsection, the Administrator shall consider
each of the following:
‘‘(i) The need of the local government
for financial assistance to carry out this
section.
‘‘(ii) The ability of the applicant to
carry out an inventory, site assessment,
and training under this section.
‘‘(iii) The extent to which the appli-
cant will involve local citizens in carrying
out this section.
‘‘(iv) The proximity of, and give pri-
ority to, predominantly low-income and
under-developed industrial areas.
‘‘(B) GRANT CONDITIONS.—As a condition
of awarding a grant under this section, the
Administrator—
136
‘‘(i) shall require the recipient of the
grant to notify the State in which the re-
cipient is located of the receipt of the
grant;
‘‘(ii) shall require the recipient of the
grant to submit a report under subsection
(d) on local citizen involvement; and
‘‘(iii) may, on the basis of the criteria
considered under subparagraph (A), attach
such other conditions to the grant as the
Administrator determines appropriate.
‘‘(4) GRANT AMOUNT.—The amount of a grant
awarded to any local government under subsection
(a) for inventory, site assessment, and training for
cleanup of one or more brownfield sites shall not ex-
ceed $200,000, unless the Administrator determines
that a particular applicant warrants a larger
amount. An applicant for a grant in excess of
$200,000 shall submit information to the Adminis-
trator regarding economic or environmental condi-
tions that may warrant funding in excess of
$200,000. The Administrator may award funding in
excess of $200,000 only upon a determination that
such an action will achieve particularly significant
environmental and economic benefits.
137
‘‘(5) TERMINATION OF GRANTS.—If the Admin-
istrator determines that a local government that re-
ceives a grant under this subsection is in violation
of a condition of a grant referred to in paragraph
(3)(B), the Administrator may terminate the grant
made to the local government and require full or
partial repayment of the grant.
‘‘(6) AUTHORITY
TO
AWARD
GRANTS
TO
STATES.—The Administrator may award a grant to
a State under the program established under this
section if the Administrator determines that a grant
to the State is necessary in order to facilitate the
receipt of funds by one or more local governments
that otherwise do not have the capabilities, such as
personnel and other resources, to manage grants
under the program.
‘‘(c) STATE INVENTORIES.—Within 2 years after the
date of enactment of this title, each State shall submit
to the Administrator such information as the Adminis-
trator shall, by rule, require regarding brownfield sites
within that State. Based on such information, within 3
years after the date of enactment of this title, the Admin-
istrator shall compile a National Brownfields Registry. If
a State fails to comply with the rules promulgated under
138
this subsection, no grant may be made under section 513
for a brownfield site in that State.
‘‘(d) REPORT ON LOCAL CITIZEN INVOLVEMENT.—
Each recipient of a grant awarded under the program es-
tablished under this section shall submit to the Adminis-
trator, not later than one year after receipt of the grant,
a report on the extent to which local citizens are involved
in carrying out the projects funded by the grant, including
a statement of the percentage of the grant funds used to
involve local citizens in carrying out such projects.
‘‘SEC. 503. GRANTS FOR REVOLVING LOAN PROGRAMS.
‘‘(a) IN GENERAL.—
‘‘(1) 
ESTABLISHMENT.—The 
Administrator
shall establish a program to award grants to be used
by local governments to capitalize revolving loan
funds for the cleanup of brownfield sites, including
associated rivers and streams.
‘‘(2) LOANS.—The loans may be provided by
the local government to finance cleanups of
brownfield sites by the local government, or by an
owner or a prospective purchaser (including a local
government) of a brownfield site, including associ-
ated rivers and streams, at which a cleanup is being
conducted or is proposed to be conducted.
‘‘(b) SCOPE OF PROGRAM.—
139
‘‘(1) IN GENERAL.—
‘‘(A) GRANTS.—In carrying out subsection
(a), the Administrator may award a grant to a
local government that submits an application to
the Administrator that is approved by the Ad-
ministrator.
‘‘(B) USE OF GRANT.—The grant shall be
used by the local government to capitalize a re-
volving loan fund to be used for cleanup of one
or more brownfield sites.
‘‘(C) GRANT
APPLICATION.—An applica-
tion for a grant under this section shall be in
such form as the Administrator determines ap-
propriate. At a minimum, the application shall
include the following:
‘‘(i) Evidence that the grant applicant
has the financial controls and resources to
administer a revolving loan fund in accord-
ance with this title.
‘‘(ii) Provisions that ensure each of
the following:
‘‘(I) The grant applicant has the
ability to monitor the use of funds
provided to loan recipients under this
title.
140
‘‘(II) Any cleanup conducted by
the applicant is protective of human
health and the environment.
‘‘(III) There will be adequate
public participation in the selection of
criteria for any cleanup, including an
opportunity for public meeting.
‘‘(IV) Any cleanup funded under
this Act will comply with all laws that
apply to the cleanup.
‘‘(iii) Identification of the criteria to
be used by the local government in pro-
viding for loans under the program. The
criteria shall include the financial standing
of the applicants for the loans, the use to
which the loans will be put, the provisions
to be used to ensure repayment of the loan
funds, and the following:
‘‘(I) A complete description of
the financial standing of the applicant
that includes a description of the as-
sets, cash flow, and liabilities of the
applicant.
‘‘(II) A written statement that
attests that the cleanup of the site
141
would not occur without access to the
revolving loan fund.
‘‘(III) The proposed method, and
anticipated period of time required, to
clean up the environmental contami-
nation at the brownfield site.
‘‘(IV) An estimate of the pro-
posed total cost of the cleanup to be
conducted at the brownfield site.
‘‘(V) An analysis that dem-
onstrates 
the 
potential 
of 
the
brownfield site for stimulating eco-
nomic development or creation of rec-
reational areas on completion of the
cleanup of the brownfield site.
‘‘(VI) An analysis that dem-
onstrates the potential for involving
local citizens in the cleanup of the
brownfield site.
‘‘(VII) Such other additional fac-
tors as the Administrator considers
relevant to carry out this section.
‘‘(2) 
GRANT
APPROVAL.—In 
determining
whether to award a grant under this section, the Ad-
ministrator shall consider—
142
‘‘(A) the need of the local government for
financial assistance to clean up brownfield sites
that are the subject of the application, taking
into consideration the financial resources avail-
able to the local government;
‘‘(B) the ability of the local government to
ensure that the applicants repay the loans in a
timely manner;
‘‘(C) the extent to which the cleanup of the
brownfield site or sites would reduce health and
environmental risks caused by the release of
hazardous substances, pollutants, or contami-
nants at, or from, the brownfield site or sites;
‘‘(D) the demonstrable potential of the
brownfield site or sites for stimulating economic
development or creation of recreational areas on
completion of the cleanup;
‘‘(E) the demonstrated ability of the local
government to administer such a loan program;
‘‘(F) the demonstrated experience of the
local government regarding brownfield sites and
the reuse of contaminated land, including
whether the government has received any grant
under any other provision of this Act to assess
brownfield sites, except that applicants who
143
have not previously received such a grant may
be considered for awards under this section;
‘‘(G) the experience of administering any
loan programs by the entity, including the loan
repayment rates;
‘‘(H) the demonstrations made regarding
the ability of the local government to ensure a
fair 
distribution 
of 
grant 
funds 
among
brownfield sites within the jurisdiction of the
local government;
‘‘(I) the extent to which the applicant will
involve 
local 
citizens 
in 
the 
cleanup 
of
brownfield sites; and
‘‘(J) such other factors as the Adminis-
trator considers relevant to carry out this sec-
tion.
‘‘(3) GRANT AMOUNT.—The amount of a grant
made to an applicant under this section shall not ex-
ceed $500,000, unless the Administrator determines
that a particular applicant warrants a larger
amount. An applicant for a grant in excess of
$500,000 shall submit information to the Adminis-
trator regarding economic or environmental condi-
tions that may warrant funding in excess of
$500,000. The Administrator may award funding in
144
excess of $500,000 only upon a determination that
such an action will achieve particularly significant
environmental and economic benefits.
‘‘(4) REVOLVING
LOAN
FUND
APPROVAL.—
Each application for a grant to capitalize a revolving
loan fund under this section shall, as a condition of
approval by the Administrator, include a written
statement by the local government that cleanups to
be funded under the loan program of the local gov-
ernment shall be conducted under the auspices of,
and in compliance with, the State voluntary cleanup
program or State Superfund program or Federal au-
thority.
‘‘(c) GRANT AGREEMENTS.—Each grant under this
section for a revolving loan fund shall be made pursuant
to a grant agreement. At a minimum, the grant agreement
shall include provisions that ensure the following:
‘‘(1) COMPLIANCE WITH LAW.—The local gov-
ernment will include in all loan agreements a re-
quirement that the loan recipient shall comply with
all laws applicable to the cleanup and shall ensure
that the cleanup is protective of human health and
the environment.
145
‘‘(2) REPAYMENT.—The local government will
require repayment of the loan consistent with this
title.
‘‘(3) USE OF FUNDS.—The local government
will use the funds solely for purposes of establishing
and capitalizing a loan program in accordance with
this title and of cleaning up the environmental con-
tamination at the brownfield site or sites.
‘‘(4) REPAYMENT OF FUNDS.—The local gov-
ernment will require in each loan agreement, and
take necessary steps to ensure, that the loan recipi-
ent will use the loan funds solely for the purposes
stated in paragraph (3), and will require the return
of any excess funds immediately on a determination
by the appropriate local official that the cleanup has
been completed.
‘‘(5) NONTRANSFERABILITY.—The funds will
not be transferable, unless the Administrator agrees
to the transfer in writing.
‘‘(6) LIENS.—
‘‘(A) DEFINITIONS.—In this paragraph,
the terms ‘security interest’ and ‘purchaser’
have the meanings given the terms in section
6323(h) of the Internal Revenue Code of 1986.
146
‘‘(B) LIENS.—A lien in favor of the grant
recipient shall arise on the contaminated prop-
erty subject to a loan under this section, as well
as on any personal property, accounts, or other
assets if identified in the agreement estab-
lishing the loan.
‘‘(C) COVERAGE.—The lien shall cover all
real property included in the legal description of
the property at the time the loan agreement
provided for in this section is signed, and all
rights to the property, and shall continue until
the terms and conditions of the loan agreement
have been fully satisfied.
‘‘(D) TIMING.—The lien shall—
‘‘(i) arise at the time a security inter-
est is appropriately recorded in the real
property records of the appropriate office
of the State, county, or other governmental
subdivision, as designated by State law, in
which the real property, personal property,
accounts, or other assets subject to the lien
are located; and
‘‘(ii) be subject to the rights of any
purchaser, holder of a security interest, or
judgment lien creditor whose interest is or
147
has been perfected under applicable State
law before the notice has been filed in the
appropriate office of the State, county, or
other governmental subdivision, as des-
ignated by State law, in which the real
property, personal property, accounts, or
other assets subject to the lien are located.
‘‘(7) NOTICE TO STATE.—The local government
will notify the State in which the local government
is located of the receipt of the grant and of the iden-
tity of recipients of loans made under the revolving
loan fund.
‘‘(8) REPORT
ON
LOCAL
CITIZEN
INVOLVE-
MENT.—The local government will submit a report
under subsection (f) on local citizen involvement.
‘‘(d) AUDITS.—
‘‘(1) IN GENERAL.—The Inspector General of
the Environmental Protection Agency shall audit a
portion of the grants awarded under this section to
ensure that all funds are used for the purposes set
forth in this section.
‘‘(2) FUTURE GRANTS.—The result of the audit
shall be taken into account in awarding any future
grants to the local government.
148
‘‘(e) AUTHORITY TO AWARD GRANTS TO STATES.—
The Administrator may award a grant to a State under
the program established under this section at the request
of a local government in the State if the Administrator
determines that a grant to the State is necessary in order
to facilitate the receipt of funds by one or more local gov-
ernments that otherwise do not have the capabilities, such
as personnel and other resources, to manage grants under
the program.
‘‘(f) REPORT ON LOCAL CITIZEN INVOLVEMENT.—
Each recipient of a grant awarded under the program es-
tablished under this section shall submit to the Adminis-
trator, not later than one year after receipt of the grant,
a report on the extent to which local citizens are involved
in projects funded by loans made under the revolving loan
fund, including a statement of the percentage of the grant
funds used to involve local citizens in carrying out such
projects.
‘‘SEC. 504. REPORTS.
‘‘(a) IN GENERAL.—Not later than one year after the
date of enactment of this title, and not later than January
31 of each of the 3 calendar years thereafter, the Adminis-
trator shall prepare and submit a report describing the
results of each program established under this title to—
149
‘‘(1) the Committees on Commerce and on
Transportation and Infrastructure of the House of
Representatives; and
‘‘(2) the Committee on Environment and Public
Works of the Senate.
‘‘(b) CONTENTS
OF REPORT.—Each report shall,
with respect to each of the programs established under
this title, include a description of—
‘‘(1) the number of applications received by the
Administrator during the preceding calendar year;
‘‘(2) the number of applications approved by
the Administrator during the preceding calendar
year; and
‘‘(3) the allocation of assistance under sections
502 and 503 among the local governments.
‘‘SEC. 505. LIMITATIONS ON USE OF FUNDS.
‘‘(a) EXCLUDED FACILITIES.—(1) A grant for site
inventory and assessment under section 502 or to cap-
italize a revolving loan fund under section 503 may not
be used for any activity involving any of the following:
‘‘(A) A facility or portion of a facility that is
the subject of a response action (including a facility
or portion of a facility with respect to which a record
of decision, other than a no-action record of deci-
sion, has been issued) under title I of this Act, un-
150
less a preliminary assessment, site investigation, or
response action has been completed at such facility
or portion of a facility and the President has decided
not to take further response action at such facility
or portion of a facility.
‘‘(B) A facility listed, or proposed for listing, on
the National Priorities List maintained by the Presi-
dent under title I of this Act.
‘‘(C) An NPL-caliber facility, as defined in
paragraph (2).
‘‘(D) A facility that is subject to corrective ac-
tion under section 3004(u) or 3008(h) of the Solid
Waste Disposal Act (42 U.S.C. 6924(u) or 6928(h))
to which a corrective action permit or order has been
issued or modified to require the implementation of
corrective measures.
‘‘(E) Any 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 and closure requirements have
been specified in a closure plan or permit.
‘‘(F) A facility at which there has been a re-
lease of a polychlorinated biphenyl and that is sub-
ject to the Toxic Substances Control Act (15 U.S.C.
2601 et seq.).
151
‘‘(G) A facility with respect to which an admin-
istrative or judicial order or decree requiring cleanup
has been issued or entered into by the President
under—
‘‘(i) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
‘‘(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
‘‘(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
‘‘(iv) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); or
‘‘(v) the Safe Drinking Water Act (42
U.S.C. 300f et seq.).
‘‘(H) The portion of a facility at which assist-
ance for response 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 by section
9508 of the Internal Revenue Code of 1986.
‘‘(I) A facility owned or operated by a depart-
ment, agency, or instrumentality of the United
States, except for land held in trust by the United
States for an Indian tribe.
152
‘‘(2) For purposes of paragraph (1), the term ‘NPL-
caliber facility’ means a facility for which the President,
in consultation with the State concerned, has prepared or
is preparing a hazardous ranking system scoring package
or that satisfies such other definition as the Administrator
may promulgate by regulation. The term does not include
a facility for which the President—
‘‘(A) has obtained a score under the hazardous
ranking system; and
‘‘(B) based on that score, has made a deter-
mination not to list on the National Priorities List.
‘‘(3) Notwithstanding paragraph (1), the President
may, on a facility-by-facility basis, allow a grant under
section 502 or section 503 to be used for an activity in-
volving any facility listed in subparagraph (D), (E), (F),
(G)(ii), (G)(iii), (G)(iv), (G)(v), (H), or (I) of paragraph
(1). In the case of a facility listed in subparagraph (I),
the President may use the authority in the preceding sen-
tence only if the facility is not a facility described in sub-
paragraph (A), (B), (C), or (G)(i).
‘‘(b) COST-SHARING.—A grant made under this title
may not be used to pay any fine or penalty owed to a
State or the Federal Government, or to meet any Federal
cost-sharing requirement.
‘‘(c) OTHER LIMITATIONS.—
153
‘‘(1) IN GENERAL.—Funds made available to a
local government under the grant programs estab-
lished under section 502 shall be used only to inven-
tory and assess brownfield sites as authorized by
this title. Funds made available to a local govern-
ment under the grant programs established under
section 503 shall be used only for capitalizing a re-
volving loan fund as authorized by this title.
‘‘(2) RESPONSIBILITY FOR CLEANUP ACTION.—
Funds made available under this title may not be
used to relieve a local government of the commit-
ment or responsibilities of the local government
under State law to assist or carry out cleanup ac-
tions at brownfield sites.
‘‘SEC. 506. EFFECT ON OTHER LAWS.
‘‘Nothing in this title changes, modifies, or otherwise
affects the liability of any person or the obligations im-
posed or authorities provided under any other law or regu-
lation.
‘‘SEC. 507. REGULATIONS.
‘‘(a) IN GENERAL.—The Administrator may issue
such regulations as are necessary to carry out this title.
‘‘(b) PROCEDURES AND STANDARDS.—The regula-
tions shall include such procedures and standards as the
Administrator considers necessary, including procedures
154
and standards for evaluating an application for a grant
or loan submitted under this title.
‘‘SEC. 508. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) EXPENDITURES FROM
THE SUPERFUND.—
Amounts in the Hazardous Substance Superfund estab-
lished by section 9507 of the Internal Revenue Code of
1986 shall be made available consistent with, and for the
purposes of carrying out, the grant programs established
under sections 502 and 503.
‘‘(b) SITE ASSESSMENT PROGRAM.—There is author-
ized to be appropriated to carry out section 502
$40,000,000 for each of fiscal years 2001 through 2005.
‘‘(c) ECONOMIC REDEVELOPMENT ASSISTANCE PRO-
GRAM.—There is authorized to be appropriated to carry
out section 503 $80,000,000 for each of fiscal years 2001
through 2005.
‘‘(d) AVAILABILITY OF FUNDS.—The amounts appro-
priated under this section shall remain available until ex-
pended.’’.
SEC. 602. RESEARCH, DEVELOPMENT, AND DEMONSTRA-
TION.
Section 311(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9660(c)) is amended to read as follows:
155
‘‘(c) HAZARDOUS SUBSTANCE RESEARCH AND RE-
SPONSE ACTIVITIES.—
‘‘(1) AUTHORITY.—The Administrator is au-
thorized to conduct and support, through grants, co-
operative agreements, contracts, and research, dem-
onstrations surveys and technical assistance, with re-
spect to the detection, assessment, remediation, and
evaluation of the effects on and risks to human
health and the environment from hazardous sub-
stances.
‘‘(2) GRANTS AND AGREEMENTS.—The Admin-
istrator may award grants to, and enter into cooper-
ative agreements under this section with, a State,
tribe, consortium of tribes, or interstate agency, mu-
nicipality, education institution, or other agency or
organization for the development and implementa-
tion of training, technology transfer, and informa-
tion dissemination programs to strengthen environ-
mental response activities, including enforcement, at
the Federal, State, tribal, and local levels. The Ad-
ministrator may establish such requirements for
such grants and cooperative agreements as the Ad-
ministrator determines to be appropriate. The Ad-
ministrator may award such grants and cooperative
156
agreements using funds appropriated under this
Act.’’.
SEC. 603. ASSISTANCE FOR WORKFORCE TRAINING.
Section 117 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9660), as amended by this Act, is further amended
by adding at the end thereof the following:
‘‘(l) ASSISTANCE FOR WORKFORCE TRAINING.—The
Administrator shall provide grants and such other forms
of assistance as the Administrator deems appropriate for
brownfields workforce training programs in communities
that contain brownfield sites. Assistance provided under
this section may include—
‘‘(1) expansion of environmental training and
curriculum development at colleges located near
brownfields sites;
‘‘(2) establishment of environmental education
and training centers or other community-based job
training organizations; and
‘‘(3) such other activities as the Administrator
considers appropriate.’’.
157
Subtitle B—Innocent Landowners
and Prospective Purchaser Li-
ability
SEC. 621. INNOCENT LANDOWNERS.
(a) ENVIRONMENTAL SITE ASSESSMENT.—Section
107 of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9607) is
amended by adding at the end the following new sub-
section:
‘‘(o) INNOCENT LANDOWNERS.—
‘‘(1) CONDUCT
OF
ENVIRONMENTAL
ASSESS-
MENT.—A person who has acquired real property
shall have made all appropriate inquiry within the
meaning of subparagraph (B) of section 101(35) if
he establishes that, within 180 days prior to the
time of acquisition, an environmental site assess-
ment of the real property was conducted which
meets the requirements of paragraph (2).
‘‘(2) DEFINITION OF ENVIRONMENTAL SITE AS-
SESSMENT.—For purposes of this subsection, the
term ‘environmental site assessment’ means an as-
sessment conducted in accordance with the stand-
ards set forth in the American Society for Testing
and Materials (ASTM) Standard E1527–94, titled
‘Standard Practice for Environmental Site Assess-
158
ments: Phase I Environmental Site Assessment
Process’ or with alternative standards issued by rule
by the President or promulgated or developed by
others and designated by rule by the President. Be-
fore issuing or designating alternative standards, the
President shall first conduct a study of commercial
and industrial practices concerning environmental
site assessments in the transfer of real property in
the United States. Any such standards issued or
designated by the President shall also be deemed to
constitute commercially reasonable and generally ac-
cepted standards and practices for purposes of this
paragraph. In issuing or designating any such stand-
ards, the President shall consider requirements gov-
erning each of the following:
‘‘(A) Interviews of owners, operators, and
occupants of the property to determine informa-
tion regarding the potential for contamination.
‘‘(B) Review of historical sources as nec-
essary to determine previous uses and occupan-
cies of the property since the property was first
developed. For purposes of this subparagraph,
the term ‘historical sources’ means any of the
following, if they are reasonably ascertainable:
recorded chain of title documents regarding the
159
real property, including all deeds, easements,
leases, restrictions, and covenants, aerial photo-
graphs, fire insurance maps, property tax files,
USGS 7.5 minutes topographic maps, local
street directories, building department records,
zoning/land use records, and any other sources
that identify past uses and occupancies of the
property.
‘‘(C) Determination of the existence of re-
corded environmental cleanup liens against the
real property which have arisen pursuant to
Federal, State, or local statutes.
‘‘(D) Review of reasonably ascertainable
Federal, State, and local government records of
sites or facilities that are likely to cause or con-
tribute to contamination at the real property,
including, as appropriate, investigation reports
for such sites or facilities; records of activities
likely to cause or contribute to contamination at
the real property, including landfill and other
disposal location records, underground storage
tank records, hazardous waste handler and gen-
erator records and spill reporting records; and
such other reasonably ascertainable Federal,
State, and local government environmental
160
records which could reflect incidents or activi-
ties which are likely to cause or contribute to
contamination at the real property.
‘‘(E) A visual site inspection of the real
property and all facilities and improvements on
the real property and a visual inspection of im-
mediately adjacent properties, including an in-
vestigation of any hazardous substance use,
storage, treatment, and disposal practices on
the property.
‘‘(F) Any specialized knowledge or experi-
ence on the part of the landowner.
‘‘(G) The relationship of the purchase
price 
to 
the 
value 
of 
the 
property 
if
uncontaminated.
‘‘(H) Commonly known or reasonably as-
certainable information about the property.
‘‘(I) The obviousness of the presence or
likely presence of contamination at the prop-
erty, and the ability to detect such contamina-
tion by appropriate investigation.
A record shall be considered to be ‘reasonably ascer-
tainable’ for purposes of this paragraph if a copy or
reasonable facsimile of the record is publicly avail-
161
able by request (within reasonable time and cost
constraints) and the record is practically reviewable.
‘‘(3) APPROPRIATE
INQUIRY.—A person shall
not be treated as having made all appropriate in-
quiry under paragraph (1) unless—
‘‘(A) the person has maintained a compila-
tion of the information reviewed and gathered
in the course of the environmental site assess-
ment;
‘‘(B) the person exercised appropriate care
with respect to hazardous substances found at
the facility by taking reasonable steps to stop
on-going releases, prevent threatened future re-
leases of hazardous substances, and prevent or
limit human or natural resource exposure to
hazardous substances previously released into
the environment; and
‘‘(C) the person provides full cooperation,
assistance, and facility access to persons au-
thorized to conduct response actions or natural
resource restoration at the facility, including
the cooperation and access necessary for the in-
stallation, integrity, operation, and maintenance
of any complete or partial response action or
natural resource restoration at the facility.’’.
162
(b) CROSS REFERENCE.—Section 101(35)(B) (42
U.S.C. 9601(35)(B)) is amended by inserting after ‘‘all
appropriate inquiry’’ the following: ‘‘(as specified in sec-
tion 107(o))’’.
SEC. 622. LIMITATIONS ON LIABILITY FOR RESPONSE
COSTS FOR PROSPECTIVE PURCHASERS.
(a) LIMITATIONS ON LIABILITY.—Section 107 of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607) is further
amended by adding at the end the following new sub-
section:
‘‘(p) LIMITATIONS ON LIABILITY FOR PROSPECTIVE
PURCHASERS.—Notwithstanding paragraphs (1) through
(4) of subsection (a), to the extent the liability of a person,
with respect to a release or the threat of a release from
a facility, is based solely on subsection (a)(1), the person
shall not be liable under this Act if the person—
‘‘(1) is a bona fide prospective purchaser of the
facility; and
‘‘(2) does not impede the performance of any
response action or natural resource restoration at a
facility.’’.
(b) PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—Section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (as
163
amended by subsection (a)) is amended by adding after
subsection (p) the following new subsection:
‘‘(q) PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—
‘‘(1) IN GENERAL.—In any case in which there
are unrecovered response costs at a facility for which
an owner of the facility is not liable by reason of
subsection (p), and the conditions described in para-
graph (3) are met, the United States shall have a
lien on the facility, or may obtain, from the appro-
priate responsible party or parties, a lien on other
property or other assurances of payment satisfactory
to the Administrator, for the unrecovered costs.
‘‘(2) AMOUNT; DURATION.—The lien—
‘‘(A) shall be for an amount not to exceed
the increase in fair market value of the prop-
erty attributable to the response action at the
time of a subsequent sale or other disposition of
the property;
‘‘(B) shall arise at the time costs are first
incurred by the United States with respect to a
response action at the facility;
‘‘(C) shall be subject to the requirements
for notice and validity specified in subsection
(l)(3); and
164
‘‘(D) shall continue until the earlier of sat-
isfaction of the lien or recovery of all response
costs incurred at the facility.
‘‘(3) CONDITIONS.—The conditions referred to
in paragraph (1) are the following:
‘‘(A) RESPONSE ACTION.—A response ac-
tion for which there are unrecovered costs is
carried out at the facility.
‘‘(B) FAIR MARKET VALUE.—The response
action increases the fair market value of the fa-
cility above the fair market value of the facility
that existed on the date that is 180 days before
the response action was commenced.’’.
(c) DEFINITION OF BONA FIDE PROSPECTIVE PUR-
CHASER.—Section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601), as amended by this Act, is further
amended by adding at the end the following:
‘‘(40) BONA FIDE PROSPECTIVE PURCHASER.—
The term ‘bona fide prospective purchaser’ means a
person who acquires ownership of a facility after the
date of enactment of the Children’s Protection and
Community Cleanup Act of 1999, or a tenant of
such a person, who can establish each of the fol-
lowing by a preponderance of the evidence:
165
‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—
All active disposal of hazardous substances at
the facility occurred before the person acquired
the facility.
‘‘(B) INQUIRY.—
‘‘(i) IN GENERAL.—The person made
all appropriate inquiry into the previous
ownership and uses of the facility in ac-
cordance with generally accepted good
commercial and customary standards and
practices.
‘‘(ii) STANDARDS.—The ASTM stand-
ards described in section 107(o)(2) or the
alternative standards issued or designated
by the President pursuant to that section
shall satisfy the requirements of this sub-
paragraph.
‘‘(iii) RESIDENTIAL
PROPERTY.—In
the case of property in residential or other
similar use at the time of purchase by a
nongovernmental or noncommercial entity,
a site inspection and title search that re-
veal no basis for further investigation shall
satisfy the requirements of this subpara-
graph.
166
‘‘(C) NOTICES.—The person provided all
legally required notices with respect to the dis-
covery or release of any hazardous substances
at the facility.
‘‘(D) CARE.—The person exercised appro-
priate care with respect to hazardous sub-
stances found at the facility by taking reason-
able steps to—
‘‘(i) stop ongoing releases;
‘‘(ii) prevent threatened future re-
leases of hazardous substances; and
‘‘(iii) prevent or limit human or nat-
ural resource exposure to hazardous sub-
stances previously released into the envi-
ronment.
‘‘(E) COOPERATION, ASSISTANCE, AND AC-
CESS.—The person provides full cooperation,
assistance, and facility access to such persons
as are authorized to conduct response actions at
the facility, including the cooperation and ac-
cess necessary for the installation, integrity, op-
eration, and maintenance of any complete or
partial response action at the facility.
‘‘(F) RELATIONSHIP.—The person is not
liable, or is not affiliated with any other person
167
that is potentially liable, for response costs at
the facility, through any direct or indirect fa-
milial relationship, or any contractual, cor-
porate, or financial relationship other than that
created by the instruments by which title to the
facility is conveyed or financed.’’.
SEC. 623. CONTIGUOUS OR NEARBY PROPERTIES.
Section 107 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is further amended by adding at the end
the following new subsection:
‘‘(r) CONTIGUOUS PROPERTIES.—(1) A person who
owns or operates real property that is contiguous to or
otherwise similarly situated with respect to real property
on which there has been a release or threatened release
of a hazardous substance and that is or may be contami-
nated by such release shall not be considered to be an
owner or operator of a facility under subsection (a)(1)
solely by reason of such contamination, if such person es-
tablishes by a preponderance of the evidence that—
‘‘(A) such person exercised due care with re-
spect to the hazardous substance, in light of all rel-
evant facts and circumstances;
‘‘(B) such person took precautions against any
foreseeable act or omission that resulted in the re-
168
lease or threatened release and the consequences
that could foreseeably result from such act or omis-
sion; and
‘‘(C) such person did not cause or contribute to
the release or threatened release.
‘‘(2) The President may issue an assurance of no en-
forcement action under this Act to any such person and
may grant any such person protection against cost recov-
ery and contribution actions pursuant to section
113(f)(2).’’.
Subtitle C—Department of Housing
and 
Urban 
Development
Brownfield Grants
SEC. 631. ECONOMIC DEVELOPMENT GRANTS IN CONNEC-
TION 
WITH 
COMMUNITY 
DEVELOPMENT
LOAN GUARANTEES.
Section 108(q) of the Housing and Community De-
velopment Act of 1974 (42 U.S.C. 5308(q)) is amended
by adding at the end the following new paragraph:
‘‘(5) BROWNFIELDS REDEVELOPMENT.—
‘‘(A) IN GENERAL.—The Secretary shall,
to the extent amounts are made available pur-
suant to subparagraph (F) and applications are
approved under this paragraph, make grants
under this paragraph to eligible public entities
169
for projects for the cleanup and economic rede-
velopment of brownfield sites. The provisions of
paragraphs (1) through (4) of this subsection
shall apply to grants under this paragraph and
the requirements under this paragraph shall be
in addition to the requirements under para-
graphs (1) through (4).
‘‘(B) 
ELIGIBLE
RECIPIENTS.—Grants
under this paragraph may be made only to eli-
gible public entities requesting guarantees
under subsection (a) for notes or other obliga-
tions to finance a project involving eligible ac-
tivities under subparagraph (C).
‘‘(C) ELIGIBLE
ACTIVITIES.—Assistance
under this paragraph may be used only for the
purposes of and in conjunction with projects
and activities for the economic redevelopment of
brownfield sites.
‘‘(D) SELECTION CRITERIA.—
‘‘(i) ADDITIONAL
CRITERION.—The
criteria for awarding assistance under this
paragraph shall include the extent to which
the applicant has developed an approach or
process for the cleanup and redevelopment
of brownfield sites and is coordinating such
170
program with appropriate environmental
regulatory agencies.
‘‘(ii) PRIORITY.—In awarding such
assistance, the Secretary shall give priority
to eligible entities meeting the selection cri-
teria (established pursuant to paragraph
(4) and clause (i)) and proposing a plan
involving 
projects 
and 
activities 
for
brownfield sites located within any em-
powerment zone or enterprise community
(as such terms are defined in section
1393(b) of the Internal Revenue Code of
1986).
‘‘(E) COORDINATION WITH EPA.—The Sec-
retary shall consult and coordinate with the Ad-
ministrator of the Environmental Protection
Agency in providing assistance under this para-
graph and establishing selection criteria under
subparagraph (D) to ensure that activities as-
sisted with amounts provided under this para-
graph are consistent and coordinated with ef-
forts of such Agency and other agencies and or-
ganizations 
to 
clean 
up 
and 
redevelop
brownfield sites.
171
‘‘(F) DEFINITION.—For purposes of this
paragraph, the term ‘brownfield site’ has the
meaning provided by section 501 of the Com-
prehensive Environmental Response, Compensa-
tion, and Liability Act of 1980.
‘‘(G) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—For grants under this paragraph, there
is authorized to be appropriated to the Sec-
retary $50,000,000 for each of fiscal years
2001 through 2005.’’.
TITLE VII—NATURAL RESOURCE
DAMAGES
SEC. 701. LIABILITY FOR NATURAL RESOURCES DAMAGES.
Subparagraph (C) of section 107(a) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(a)) is amended by
inserting ‘‘and the reasonable costs of recovering such
damages’’ before the semicolon.
SEC. 702. LIMITATIONS ON LIABILITY.
Section 107(c)(2) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9607(c)(2)) is amended by inserting ‘‘,
including damages for injury to, destruction of, or loss of
natural resources’’ after ‘‘damages’’.
172
SEC. 703. DAMAGE ASSESSMENT.
(a) IN GENERAL.—Section 107(f)(2)(C) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)(2)(C)) is amend-
ed to read as follows:
‘‘(C) DAMAGE
ASSESSMENT.—A natural re-
source damage assessment conducted for the pur-
poses of this Act and made by a Federal, State, or
tribal trustee shall be performed, to the extent prac-
ticable, in accordance with—
‘‘(i) the regulation issued under sec-
tion 301(c); and
‘‘(ii) generally accepted scientific and
technical standards and appropriate meth-
odologies to ensure the validity and reli-
ability of assessment results.’’.
(b) REGULATIONS.—Section 301(c) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9651(c)) is amended to
read as follows:
‘‘(c) REGULATIONS FOR DAMAGE ASSESSMENTS.—
‘‘(1) IN
GENERAL.—The President, acting
through Federal officials designated by the National
Contingency Plan under section 107(f)(2), shall
issue a regulation for the assessment of damages
and costs for injury to, destruction of, or loss of nat-
173
ural resources resulting from a release of a haz-
ardous substance for the purposes of this Act.
‘‘(2) CONTENTS.—The regulation under para-
graph (1) shall—
‘‘(A) specify protocols for conducting as-
sessments in individual cases to determine the
injury, destruction, or loss of natural resources;
‘‘(B) identify the best available procedures
to determine damages for the cost of restora-
tion and assessment;
‘‘(C) take into consideration the ability of
a natural resource to recover naturally and the
availability of replacement or alternative re-
sources; and
‘‘(D) identify criteria for the distribution
of funds for assessments.
‘‘(3) BIENNIAL REVIEW.—The regulation under
paragraph (1) shall be reviewed and revised as ap-
propriate every 2 years.’’.
SEC. 704. STANDARD OF REVIEW.
(a) Section 107(f) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9607(f)) is amended by adding at the
end the following:
‘‘(3) TRUSTEE RESTORATION PLANS.—
174
‘‘(A) ADMINISTRATIVE RECORD.—A trustee for
a natural resource designated under this subsection
may establish an administrative record on which the
trustee will base the selection of a plan for restora-
tion of the resource. The plan shall include a deter-
mination of the nature and extent of the injury to,
destruction of, or loss of the resource. The adminis-
trative record shall be made available to the public
at or near the facility at issue.
‘‘(B) PUBLIC
PARTICIPATION.—The President
shall issue regulations to establish procedures for the
participation of interested persons in the develop-
ment of an administrative record described in sub-
paragraph (A). The procedures shall include, at a
minimum, each of the requirements set forth in sec-
tion 113(k)(2)(B).
‘‘(C) PARTICIPATION BY TRUSTEES.—All trust-
ees designated for a natural resource under this sub-
section may participate in the selection of a restora-
tion plan under this paragraph. The restoration plan
may include actions to restore natural resources
under the trusteeship of any participating trustee.
The President shall issue regulations to govern the
implementation of this subparagraph.
175
‘‘(D) JUDICIAL
REVIEW.—Judicial review of
any restoration plan developed under this paragraph
with participation by all affected trustees (other
than trustees who elect not to participate) shall be
limited to the administrative record. Otherwise appli-
cable principles of administrative law shall govern
whether any supplemental materials may be consid-
ered by the court. In considering objections to the
restoration plan, the court shall uphold the decision
of a participating trustee in selecting the plan unless
the objecting party can demonstrate on the adminis-
trative record that the decision was arbitrary and
capricious or otherwise not in accordance with law.’’.
SEC. 705. CONTAMINATED SEDIMENTS.
Section 107(f) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(f)) is further amended by adding at the end
the following:
‘‘(4) CONTAMINATED SEDIMENTS.—
‘‘(A) IN GENERAL.—With respect to hazardous
substances in sediments of the waters of the United
States, the presence of hazardous substances at lev-
els above background or reference levels shall be suf-
ficient to establish injury to natural resources under
subparagraph (C) of subsection (a).
176
‘‘(B) REPORT TO CONGRESS.—Not later than
February 1, 2001, the Administrator and the appro-
priate trustees shall jointly transmit to Congress a
report regarding how response, remedial, and res-
toration actions are restoring and protecting natural
resources and all associated values, including natural
heritage values, affected by each of the following fa-
cilities or group of facilities:
‘‘(i) Hudson River, New York.
‘‘(ii) Newark and New York Bays, New
York and New Jersey.
‘‘(iii) Housatonic River, Connecticut and
Massachusetts.
‘‘(iv) New Bedford Harbor, Massachusetts.
‘‘(v) Clark Fork River, Montana.
‘‘(vi) Lavaca Bay, Texas.
‘‘(vii) Palos Verdes, California.
‘‘(viii) Fox River, Wisconsin.
‘‘(ix) Coeur D’Alene, Idaho.
‘‘(x) Hanford, Washington.
The President may designate other facilities as addi-
tions to the list set forth in this subparagraph and,
for such additional facilities, the report shall be sub-
mitted within 3 years after designation.’’.
177
SEC. 706. RECRUITMENT AND TRAINING PROGRAM.
Section 107(f) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(f)) is further amended by adding at the end
the following:
‘‘(5) RECRUITMENT AND TRAINING PROGRAM.—
‘‘(A) IN
GENERAL.—The trustees designated
under this subsection shall conduct a program to as-
sist in the recruitment and training of individuals in
an affected community for employment in restora-
tion activities.
‘‘(B) RECRUITMENT, TRAINING, AND EMPLOY-
MENT.—The trustees shall encourage a person con-
ducting a restoration action under this Act to train
and employ persons from the affected community in
restoration skills.’’.
SEC. 707. STATUTE OF LIMITATIONS.
(a) PERIOD IN WHICH ACTION MAY BE BROUGHT.—
Section 113(g)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9613(g)(1)) is amended—
(1) by striking ‘‘Except as’’ and all that follows
through subparagraph (B) and inserting the fol-
lowing:
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and paragraphs (3) and (4),
178
no action may be commenced for damages (as
defined in section 101(6)) under this Act unless
that action is commenced within 3 years after—
‘‘(i) the date of completion by an au-
thorized trustee of a damage assessment in
accordance with the regulations promul-
gated under section 301(c); or
‘‘(ii) the date of a plan for restoration
of natural resources adopted after ade-
quate public notice, opportunity for com-
ment, and consideration of all public com-
ments.’’;
(2) by striking ‘‘With respect to’’ and inserting
the following:
‘‘(B) SPECIAL RULES.—With respect to’’;
and
(3) in subparagraph (B), as so designated—
(A) by moving the remainder of the text of
the subparagraph 4 ems to the right; and
(B) by striking ‘‘in lieu of the dates re-
ferred to in subparagraph (A) or (B)’’.
(b) CLAIMS FOR RECOVERY OF DAMAGES.—Section
112(d)(2) of such Act (42 U.S.C. 9612(d)(2)) is amended
by striking ‘‘3 years after’’ and all that follows through
the period at the end and inserting ‘‘the period for com-
179
mencing an action for natural resource damages under
section 113(g)(1).’’.
SEC. 708. ARCHAEOLOGICAL RESOURCES.
Section 101(16) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601(16)) is amended by inserting ‘‘archaeological
resources,’’ before ‘‘and other such resources’’.
SEC. 709. CITIZEN SUITS.
(a) ACTIONS TO RECOVER NATURAL RESOURCES
DAMAGES.—Section 310(a)(1) of the Comprehensive En-
vironmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9659(a)(1)) is amended by inserting be-
fore the semicolon the following: ‘‘, or against any such
person to recover damages for injury to, destruction of,
or loss of natural resources subject to the limitations on
the use of sums contained in section 107(f)’’.
(b) NOTICE.—Section 310(d)(1) of such Act (42
U.S.C. 9659(d)(1)) is amended by adding after subpara-
graph (C) the following:
‘‘(D) In the case of an action to recover
damages for injury to, destruction of, or loss of
natural resources, the trustees for the natural
resources designated under section 107(f).’’.
(c) DILIGENT PROSECUTION.—Section 310(d)(2) of
such Act (42 U.S.C. 9659(d)(2)) is amended—
180
(1) by inserting ‘‘(A)’’ before ‘‘the President’’;
and
(2) by inserting before the period at the end the
following: ‘‘; or (B) in the case of an action to re-
cover damages for injury to, destruction of, or loss
of natural resources, the trustees for the natural re-
sources designated under section 107(f) have com-
menced and are diligently performing a natural re-
source damage assessment or have commenced and
are diligently prosecuting an action under this Act
for recovery of such damages’’.
SEC. 710. TRANSITION RULES.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this title shall apply only
to a claim for damages under section 107(a)(2)(C) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 filed on or after the date of
the enactment of this Act.
(b) EXCEPTIONS.—The amendments made by section
707 of this Act shall apply to all claims for damages,
whenever filed.
181
TITLE VIII—FEDERAL
FACILITIES
SEC. 801. FEDERAL ENTITIES AND FACILITIES.
Section 120 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9620) is amended as follows:
(1) By amending the heading to read as follows:
‘‘SEC. 120. FEDERAL ENTITIES AND FACILITIES.’’.
(2) By amending paragraph (1) of subsection
(a) to read as follows:
‘‘(1)(A) Each department, agency, and instru-
mentality of the executive, legislative, and judicial
branches of the United States shall be subject to,
and comply with, all Federal, State, interstate and
local requirements, both substantive and procedural
(including any requirements for permits, reporting,
or any provisions for injunctive relief and such sanc-
tions as may be imposed by a court to enforce such
relief), regarding response actions and damages re-
lated to, or management of, hazardous substances,
pollutants, or contaminants in the same manner,
and to the same extent, as any nongovernmental en-
tity is subject to such requirements, including reim-
bursement of response costs and attorneys’ fees,
payment of natural resource damages, and enforce-
182
ment and liability under sections 106 and 107 of
this title and the payment of reasonable service
charges.
‘‘(B) The Federal, State, interstate, and local
substantive and procedural requirements referred to
in subparagraph (A) include, but are not limited to,
all administrative orders and all civil and adminis-
trative penalties and fines, regardless of whether
such penalties and fines are punitive or coercive in
nature or are imposed for isolated, intermittent, or
continuing violations. The United States hereby ex-
pressly waives any immunity otherwise applicable to
the United States with respect to any such sub-
stantive or procedural requirement (including, but
not limited to, any injunctive relief, administrative
order or civil or administrative penalty or fine re-
ferred to in the preceding sentence, or reasonable
service charge).
‘‘(C) The reasonable service charges referred to
in this paragraph include, but are not limited to,
fees or charges assessed in connection with the proc-
essing and issuance of permits, renewal of permits,
amendments to permits, review of plans, studies,
and other documents, and inspection and monitoring
of facilities, as well as any other nondiscriminatory
183
charges that are assessed in connection with a State,
interstate, or local response program.
‘‘(D) Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or ex-
empt from any process or sanction of any State or
Federal court with respect to the enforcement of any
injunctive relief.
‘‘(E) No agent, employee, or officer of the
United States shall be personally liable for any civil
penalty under any Federal or State law relating to
response actions with respect to any act or omission
within the scope of their official duties. An agent,
employee, or officer of the United States shall be
subject to any criminal sanction (including, but not
limited to, any fine or imprisonment) under any
Federal or State response law, but no department,
agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the United States shall be
subject to any such sanctions.
‘‘(F) The waiver of sovereign immunity pro-
vided in this paragraph shall not apply to the extent
a State law would apply any standard or require-
ment to such Federal department, agency, or instru-
mentality in a manner which is more stringent than