I
105TH CONGRESS
2D SESSION
H. R. 3595
To reauthorize the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 1998
Mr. MANTON (for himself, Mr. DINGELL, Mr. SPRATT, Mr. HALL of Texas,
Mr. BOUCHER, Mr. KLINK, Mr. STUPAK, Mr. GORDON, Mr. RUSH, Mr.
SAWYER, Ms. MCCARTHY of Missouri, Mr. STRICKLAND, Mr. BROWN of
Ohio, Mr. DEUTSCH, Ms. ESHOO, Ms. FURSE, Mr. WAXMAN, Mr. MAR-
KEY, Mr. WYNN, Mr. GREEN, Ms. DEGETTE, Mr. TOWNS, Mr. ENGEL,
Mr. HINCHEY, Mrs. LOWEY, Mr. MEEKS of New York, Mrs. MCCARTHY
of New York, Mr. ACKERMAN, and Mr. KANJORSKI) introduced the fol-
lowing bill; which was referred to the Committee on Commerce, and in
addition to the Committees on Ways and Means, and Transportation and
Infrastructure, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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 ‘‘Superfund Improve-
ment Act of 1998’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—BROWNFIELD REMEDIATION AND ENVIRONMENTAL
CLEANUP
Subtitle A—Innocent Landowners and Prospective Purchaser Liability
Sec. 101. Innocent landowners.
Sec. 102. Limitations on liability for response costs for prospective purchasers.
Sec. 103. Contiguous or nearby properties.
Subtitle B—Brownfield Remediation and Environmental Cleanup
Sec. 111. Brownfields title.
Sec. 112. Expenditures from Superfund.
Subtitle C—State Voluntary Response Programs
Sec. 121. State voluntary response programs.
TITLE II—LIABILITY
Sec. 201. Liability exemptions and limitations.
Sec. 202. Scope of rulemaking authority.
Sec. 203. Extension relating to sureties.
Sec. 204. Expedited final settlements.
Sec. 205. Information gathering and access.
Sec. 206. Compliance with administrative orders.
Sec. 207. Civil proceedings.
Sec. 208. Settlement negotiations and allocation of responsibility for certain fa-
cilities.
Sec. 209. Enhancement of settlement authorities.
Sec. 210. Recycling transactions.
Sec. 211. Definitions.
TITLE III—REMEDY
Sec. 301. Amendments relating to selection of remedial action.
Sec. 302. Authorities for institutional controls.
Sec. 303. Removal actions.
TITLE IV—COMMUNITY PARTICIPATION AND HUMAN HEALTH
Subtitle A—Community Participation
Sec. 401. Definitions.
Sec. 402. Public participation.
Sec. 403. Waste site information offices.
Sec. 404. Community advisory groups.
Sec. 405. Technical outreach services for communities.
Sec. 406. Recruitment and training program.
Sec. 407. Facility scoring.
Subtitle B—Human Health
Sec. 411. Disease registry and health care providers.
Sec. 412. Substance profiles.
Sec. 413. Health studies.
Sec. 414. Grant awards, contracts, and community assistance activities.
Sec. 415. Indian health provisions.
Sec. 416. Public health recommendations in remedial actions.
Subtitle C—General Provisions
Sec. 421. Transition.
TITLE V—NATURAL RESOURCE DAMAGES
Sec. 501. Statute of limitations.
Sec. 502. Coordination with remedy and coordination among trustees.
Sec. 503. Use of recovered sums.
Sec. 504. Use of Superfund for natural resource damage assessments.
TITLE VI—FEDERAL FACILITIES
Sec. 601. Federal entities and facilities.
Sec. 602. Adjoining States.
Sec. 603. Enforceability of Federal compliance agreements.
Sec. 604. Requirements relating to property transferred by Federal agencies.
Sec. 605. Innovative technologies for remedial action at Federal facilities.
TITLE VII—STATE ROLES
Sec. 701. Delegation of authority to States.
Sec. 702. State cost share.
Sec. 703. Conforming and miscellaneous amendments.
Sec. 704. State role at Federal facilities.
TITLE VIII—FUNDING
Sec. 801. Authorization of appropriations.
Sec. 802. Orphan share funding.
Sec. 803. Agency for Toxic Substances and Disease Registry.
Sec. 804. Limitations on research, development, and demonstration programs.
Sec. 805. Authorization of appropriations from general revenues.
Sec. 806. Additional limitations.
Sec. 807. Uses of the fund.
Sec. 808. Worker training and education grants.
TITLE IX—MISCELLANEOUS
Sec. 901. Small business ombudsman.
Sec. 902. Consideration of local government cleanup priorities.
Sec. 903. Report and oversight requirements.
Sec. 904. Reimbursement to State and local governments.
TITLE X—5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE
SUPERFUND
Sec. 1001. Extension of Hazardous Substance Superfund.
TITLE I—BROWNFIELD REMEDI-
ATION AND ENVIRONMENTAL
CLEANUP
Subtitle A—Innocent Landowners
and Prospective Purchaser Li-
ability
SEC. 101. 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, titled
‘Standard Practice for Environmental Site Assess-
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 subclause, the
term ‘historical sources’ means any of the fol-
lowing, if they are reasonably ascertainable: re-
corded chain of title documents regarding the
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
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-
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.’’.
(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. 102. 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
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
‘‘(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) is amended by adding at the end
the following:
‘‘(39) 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 Superfund Improvement
Act of 1998, or a tenant of such a person, who can
establish each of the following by a preponderance
of the evidence:
‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—
All active disposal of hazardous substances at
the facility occurred before the person acquired
the facility.
‘‘(B) INQUIRY.—
‘‘(i) IN GENERAL.—The person made
all appropriate inquiry into the previous
ownership and uses of the facility in ac-
cordance with generally accepted good
commercial and customary standards and
practices.
‘‘(ii) STANDARDS.—The ASTM stand-
ards described in section 107(o)(2) or the
alternative standards issued or designated
by the President pursuant to that section
shall satisfy the requirements of this sub-
paragraph.
‘‘(iii) RESIDENTIAL
PROPERTY.—In
the case of property in residential or other
similar use at the time of purchase by a
nongovernmental or noncommercial entity,
a site inspection and title search that re-
veal no basis for further investigation shall
satisfy the requirements of this subpara-
graph.
‘‘(C) NOTICES.—The person provided all
legally required notices with respect to the dis-
covery or release of any hazardous substances
at the facility.
‘‘(D) CARE.—The person exercised appro-
priate care with respect to hazardous sub-
stances found at the facility by taking reason-
able steps to—
‘‘(i) stop ongoing releases;
‘‘(ii) prevent threatened future re-
leases of hazardous substances; and
‘‘(iii) prevent or limit human or natu-
ral resource exposure to hazardous sub-
stances previously released into the envi-
ronment.
‘‘(E) COOPERATION, ASSISTANCE, AND AC-
CESS.—The person provides full cooperation,
assistance, and facility access to such persons
as are authorized to conduct response actions at
the facility, including the cooperation and ac-
cess necessary for the installation, integrity, op-
eration, and maintenance of any complete or
partial response action at the facility.
‘‘(F) RELATIONSHIP.—The person is not
liable, or is not affiliated with any other person
that is potentially liable, for response costs at
the facility, through any direct or indirect fa-
milial relationship, or any contractual, cor-
porate, or financial relationship other than that
created by the instruments by which title to the
facility is conveyed or financed.’’.
SEC. 103. 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—
‘‘(A) took precautions against any foreseeable
act or omission that resulted in the release or
threatened release and the consequences that could
foreseeably result from such act or omission;
‘‘(B) did not cause or contribute or consent to
the release or threatened release;
‘‘(C) provides full cooperation, assistance, and
facility access to such persons as are authorized to
conduct response actions at the facility, including
the cooperation and access necessary for the installa-
tion, integrity, operation, and maintenance of any
complete or partial response action at the facility;
and
‘‘(D) is not liable, or is not affiliated with any
other person that is potentially liable, for response
costs at the facility, through any direct or indirect
familial relationship, or any contractual, corporate,
or financial relationship other than that created by
the instruments by which title to the facility is con-
veyed or financed.
‘‘(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 
B—Brownfield 
Remedi-
ation and Environmental Clean-
up
SEC. 111. BROWNFIELDS TITLE.
The Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) is amended by adding at the end the following new
title:
‘‘TITLE V—BROWNFIELD REME-
DIATION 
AND 
ENVIRON-
MENTAL CLEANUP
‘‘SEC. 501. DEFINITIONS.
For purposes of this title, the following definitions
apply:
‘‘(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-
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
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.
‘‘SEC. 502. INVENTORY AND ASSESSMENT GRANT PRO-
GRAM.
‘‘(a) IN GENERAL.—The Administrator shall estab-
lish a program to award grants to local governments to
inventory brownfield sites and to conduct site assessments
of brownfield sites.
‘‘(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.
‘‘(B) A description of the need of the ap-
plicant for financial assistance to inventory
brownfield sites and conduct site assessments.
‘‘(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.
‘‘(E) 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.
‘‘(F) 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-
late economic development of the area or
creation of recreational areas on comple-
tion of the environmental remediation.
‘‘(G) 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—
‘‘(i) consider the need of the local gov-
ernment for financial assistance to carry
out this section;
‘‘(ii) consider the ability of the appli-
cant to carry out an inventory and site as-
sessment under this section; and
‘‘(iii) consider such other factors as
the Administrator considers relevant to
carry out this section.
‘‘(B) GRANT CONDITIONS.—As a condition
of awarding a grant under this section, the Ad-
ministrator—
‘‘(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; and
‘‘(ii) 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 and site assessment of one or more
brownfield sites shall not exceed $200,000.
‘‘(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 at the request of a local government 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 pro-
gram.
‘‘(c) TRAINING AND TECHNICAL ASSISTANCE.—The
Administrator may provide training and technical assist-
ance to community groups, as appropriate, to inventory
brownfield sites and conduct site assessments of
brownfield sites, which may include associated rivers and
streams.
‘‘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.
‘‘(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 bona fide prospective purchaser of a
brownfield site (including a local government) at
which a cleanup is being conducted or is proposed to
be conducted.
‘‘(b) SCOPE OF PROGRAM.—
‘‘(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, which may include as-
sociated rivers or streams or mine-scarred land.
‘‘(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—
‘‘(I) ensure that the grant appli-
cant has the ability to monitor the use
of funds provided to loan recipients
under this title;
‘‘(II) ensure that any cleanup
conducted by the applicant is protec-
tive of human health and the environ-
ment; and
‘‘(III) ensure that any cleanup
funded under this Act will comply
with all laws that apply to the clean-
up.
‘‘(iii) Identification of the criteria to
be used by the local government in provid-
ing for loans under the program. The cri-
teria 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
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.
‘‘(2) 
GRANT
APPROVAL.—In 
determining
whether to award a grant under this section, the Ad-
ministrator shall consider—
‘‘(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 this Act to assess brownfield sites, except
that applicants who 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; and
‘‘(I) 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.
‘‘(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.
‘‘(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.
‘‘(B) LIENS.—A lien in favor of the grant
recipient shall arise on the contaminated prop-
erty subject to a loan under this section.
‘‘(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 subject to the lien
is located; and
‘‘(ii) be subject to the rights of any
purchaser, holder of a security interest, or
judgment lien creditor whose interest is or
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 subject to the lien is 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.
‘‘(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.
‘‘(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.
‘‘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—
‘‘(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 capital-
ize a revolving loan fund under section 503 may not be
used for any activity involving—
‘‘(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-
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 included, or proposed for inclu-
sion, on the National Priorities List maintained by
the President 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 release
of a polychlorinated biphenyl and that is subject to
the Toxic Substances Control Act (15 U.S.C. 2601
et seq.);
‘‘(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) title I of this Act;
‘‘(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; and
‘‘(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.
‘‘(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) FINES
AND 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.—
‘‘(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, including—
‘‘(1) title I of this Act;
‘‘(2) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
‘‘(3) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
‘‘(4) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); and
‘‘(5) the Safe Drinking Water Act (42 U.S.C.
300f et seq.).
‘‘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
and standards for evaluating an application for a grant
or loan submitted under this title.
‘‘SEC. 508. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) SITE ASSESSMENT PROGRAM.—To carry out
section 502, there is authorized to be appropriated from
the Hazardous Substance Superfund established under
section 9507 of the Internal Revenue Code of 1986
$25,000,000 for each of fiscal years 1999 through 2003.
‘‘(b) GRANTS FOR REVOLVING LOAN PROGRAMS.—
To carry out section 503, there is authorized to be appro-
priated from the Hazardous Substance Superfund estab-
lished under section 9507 of the Internal Revenue Code
of 1986 $65,000,000 for each of fiscal years 1998 through
2003.’’.
SEC. 112. EXPENDITURES FROM SUPERFUND.
Section 111(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9611(c)) is amended by adding at the end the fol-
lowing new paragraphs:
‘‘(15) SITE ASSESSMENT PROGRAM.—Costs of
carrying out section 502, as authorized under that
section.
‘‘(16) GRANTS
FOR
REVOLVING
LOAN
PRO-
GRAMS.—Costs of carrying out section 503, as au-
thorized under that section.’’.
Subtitle C—State Voluntary
Response Programs
SEC. 121. STATE VOLUNTARY RESPONSE PROGRAMS.
(a) STATE VOLUNTARY RESPONSE PROGRAMS.—
Title I of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) is amended by adding at the end the following
new section:
‘‘SEC. 127. STATE VOLUNTARY RESPONSE PROGRAMS.
‘‘(a) PURPOSES
AND OBJECTIVES.—The purposes
and objectives of this section are—
‘‘(1) to significantly increase the pace of re-
sponse activities at contaminated sites by promoting
and encouraging the creation, development, and en-
hancement of State voluntary response programs;
and
‘‘(2) to benefit the public health, welfare, and
the environment by cleaning up and returning con-
taminated sites to economically productive or other
beneficial uses.
‘‘(b) ASSISTANCE TO STATES.—The Administrator
shall provide technical, financial, and other assistance to
States to establish and enhance voluntary response pro-
grams. The Administrator shall encourage the States to
develop risk sharing pools, indemnity pools, or insurance
mechanisms to provide financing for response actions
under their voluntary response programs.
‘‘(c) LIMITATION ON FEDERAL AUTHORITY TO LIST
ON NATIONAL PRIORITIES LIST.—Except as provided in
subsection (e), the President shall not list on the National
Priorities List the portion of a facility subject to a re-
sponse action plan approved under a State program quali-
fied under subsection (i)—
‘‘(1) while substantial and continuous voluntary
response activities are being conducted in compliance
with the plan at that portion of the facility; or
‘‘(2) after response activities conducted in com-
pliance with the plan at that portion of the facility
have been certified by the State as complete.
‘‘(d) LIMITATION ON FEDERAL AUTHORITY TO RE-
COVER COSTS.—(1) Except as provided in subsection (e),
if substantial and continuous voluntary response activities
are being conducted at a voluntary response action site
in compliance with a response action plan approved under
a State program qualified under subsection (i) or if re-
sponse activities conducted at such a site in compliance
with the plan have been certified by the State as complete,
then no person shall be liable to the Administrator under
section 107(a) for response costs incurred with respect to
a release or substantial threat of release of a hazardous
substance addressed by the response action plan unless
one or more of the following conditions is met:
‘‘(A) The Administrator determines that the re-
lease or threat of release may present an imminent
and substantial danger to the public health or wel-
fare or the environment.
‘‘(B) The State requests the Administrator to
take action.
‘‘(C) Conditions at the site that were unknown
to the State at the time the response action plan
was approved by the State are discovered, and such
conditions indicate, as determined by the Adminis-
trator or the State, that the response action is not
protective of human health or the environment.
‘‘(D) The cleanup of the site under the response
action plan of the State program is no longer protec-
tive of human health or the environment, as deter-
mined by the Administrator or the State, because of
a change or a proposed change in the use of the site.
‘‘(2) For purposes of this subsection, the term ‘vol-
untary response action site’ means a site subject to a re-
sponse action plan under a State program qualified under
subsection (i).
‘‘(3) Nothing in this subsection shall preclude the Ad-
ministrator from recovering costs incurred by the Admin-
istrator at a site before State approval of a response action
plan for that site.
‘‘(e) FACILITIES INELIGIBLE FOR LIMITATIONS.—(1)
The limitations on Federal authority provided under sub-
sections (c) and (d) do not apply to any of the following
facilities:
‘‘(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 this Act, unless a pre-
liminary 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 por-
tion of a facility.
‘‘(B) A facility included, or proposed for inclu-
sion, on the National Priorities List maintained by
the President under 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.).
‘‘(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) this Act;
‘‘(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.
‘‘(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 and pursuant to an
agreement with the State concerned, apply the limitations
on authority provided under subsections (c) and (d) to 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 Presi-
dent may use the authority in the preceding sentence only
if the facility is not a facility described in subparagraph
(A), (B), (C), or (G)(i).
‘‘(f) EPA ASSISTANCE TO STATES FOR STATE VOL-
UNTARY RESPONSE PROGRAMS.—The Administrator shall
assist States to establish and administer State voluntary
response programs that—
‘‘(1) provide voluntary response actions that en-
sure adequate site assessment and are protective of
human health and the environment;
‘‘(2) provide opportunities for technical assist-
ance (including grants) for voluntary response ac-
tions;
‘‘(3) provide meaningful opportunities for public
participation on issues that affect the community,
which shall include prior notice and opportunity for
comment in the selection of response actions and
which may include involvement of State and local
health officials during site assessment;
‘‘(4) provide streamlined procedures to ensure
expeditious voluntary response actions;
‘‘(5) provide adequate oversight, enforcement
authorities, resources, and practices—
‘‘(A) to ensure that voluntary response ac-
tions are protective of human health and the
environment, as provided in paragraph (1), and
are conducted in a timely manner in accordance
with a State-approved response action plan;
‘‘(B) to ensure completion of response ac-
tions if the person conducting the response ac-
tion fails or refuses to complete the necessary
response activities that are protective of human
health and the environment, including operation
and maintenance or long-term monitoring ac-
tivities;
‘‘(6) provide mechanisms for the approval of a
response action plan; and
‘‘(7) provide mechanisms for a certification or
similar documentation to the person who conducted
the response action indicating that the response is
complete.
‘‘(g) FINANCIAL ASSISTANCE
FOR DEVELOPMENT
AND ENHANCEMENT OF STATE VOLUNTARY RESPONSE
PROGRAMS AND REPORTING REQUIREMENT.—
‘‘(1) PUBLIC RECORD.—To assist the Adminis-
trator in determining the needs of States for assist-
ance under this section, the Administrator shall en-
courage the States to maintain a public record of fa-
cilities, by name and location, that have been or are
planned to be addressed under a State voluntary re-
sponse program.
‘‘(2) REPORTING REQUIREMENT.—Each State
receiving financial assistance under this section shall
submit to the Administrator a report at the end of
each calendar year on the progress of its voluntary
response program, which shall include the following
information with respect to that calendar year:
‘‘(A) The number of sites, if any, under-
going voluntary cleanup, with the number of
sites in each stage of such cleanup set forth
separately.
‘‘(B) The number of sites, if any, entering
voluntary cleanup.
‘‘(C) The number of sites, if any, that re-
ceived a certification from the State indicating
that a response action is complete.
‘‘(h) EPA REVIEW OF STATE PROGRAMS.—At any
time after the date of enactment of this section, a State
may submit, for review by the Administrator, documenta-
tion that the State considers appropriate to describe a
State voluntary response program, together with a certifi-
cation that the program is consistent with the elements
set forth in subsection (f), and, if such program is devel-
oped by administrative action or regulation, documenta-
tion of public comment and State response to comment
on the adequacy of the State voluntary response program.
‘‘(i) QUALIFICATION OF STATE PROGRAM.—
‘‘(1) APPROVAL
OR
DISAPPROVAL.—(A) The
Administrator shall approve a State voluntary re-
sponse program submitted under subsection (h)
within 180 days after the Administrator receives
documentation and certification under subsection (h)
if the Administrator determines that the State’s sub-
mission is consistent with the elements set forth in
subsection (f). A program so approved by the Ad-
ministrator shall be considered a qualified program
under this Act.
‘‘(B) The Administrator shall publish in the
Federal Register the reasons for the approval or dis-
approval of any such program.
‘‘(C) If the Administrator needs additional in-
formation under subparagraph (A)(ii), the 180-day
time period referred to in subparagraph (A) shall be
extended until such date as the Administrator is sat-
isfied that enough additional information has been
obtained in order to make a determination.
‘‘(2) WITHDRAWAL OF QUALIFICATION.—When-
ever the Administrator determines that a State is
not administering and enforcing a qualified program
in accordance with subsection (f), the Administrator
shall notify the State in writing of such determina-
tion. If appropriate corrective action is not taken by
the State within 120 days after receipt of the notice,
the Administrator shall propose to withdraw ap-
proval of the program and publish a notice of such
proposed withdrawal in the Federal Register. The
Administrator shall not withdraw approval of any
such program unless the Administrator provides to
the State in writing and publishes in the Federal
Register the reasons for such withdrawal. If the
State subsequently completes the necessary correc-
tive measures as determined by the Administrator,
the Administrator shall reinstate the program as a
qualified program under this section.
‘‘(j) EFFECT OF RESPONSE.—Performance of a vol-
untary response action pursuant to this section shall not
constitute an admission of liability under any Federal,
State, or local law or regulation or in any citizens suit
or other private action.
‘‘(k) COMPLIANCE WITH NCP.—Solely for the pur-
pose of private cost recovery and contribution claims
under this Act, response actions conducted pursuant to
a qualified program shall be presumed to be consistent
with the National Contingency Plan.
‘‘(l) ANNUAL REPORTING.—
‘‘(1) REPORTS BY STATE.—Each State with a
qualified program under this section shall submit to
the Administrator a report at the end of each cal-
endar year on the status of its program. Each such
report shall include a statement regarding whether
the program continues to be consistent with the ele-
ments set forth in subsection (f).
‘‘(2) REPORT
BY
ADMINISTRATOR.—The Ad-
ministrator shall report, not later than two years
after the enactment of this section, and annually
thereafter, to the Congress on the status of State
voluntary response programs. The report shall in-
clude an analysis of whether qualified State vol-
untary response action programs continue to be con-
sistent with the elements set forth in subsection (f).
‘‘(m) EFFECT ON EXISTING STATE PROGRAMS.—
This section is not intended to impose any requirement
on any State voluntary response program, including a pro-
gram existing on or before the date of the enactment of
the Superfund Improvement Act of 1998. A program shall
not be considered to be a qualified program under this
Act unless the program is approved in accordance with
this section.
‘‘(n) EFFECT ON AGREEMENTS BETWEEN STATE
AND EPA.—This section is not intended to modify or oth-
erwise affect a memorandum of agreement, or a coopera-
tive agreement, relating to Superfund between a State
agency and the Environmental Protection Agency in effect
on or before the date of the enactment of the Superfund
Improvement Act of 1998. Such an agreement shall re-
main in effect, subject to the terms of the agreement. This
section is not intended to restrict or limit the President’s
discretionary authority to enter into or modify an agree-
ment with a State or other person relating to the Presi-
dent’s implementation of statutory authorities.
‘‘(o) EFFECT ON OTHER LAWS.—Except as provided
in subsections (c) and (d), this section does not change,
modify, or otherwise affect the liability of any person or
the obligations imposed or authorities provided under any
law or regulation, including this Act, the Solid Waste Dis-
posal Act, the Federal Water Pollution Control Act, the
Toxic Substances Control Act, and title XIV of the Public
Health Service Act (the Safe Drinking Water Act).
‘‘(p) RELATIONSHIP TO INNOCENT LANDOWNER AND
PROSPECTIVE PURCHASER.—(1) The successful comple-
tion of a response action at a facility pursuant to a re-
sponse action plan approved under a qualified program
under this section shall be evidence to be considered for
purposes of section 107(o)(3)(B) and section 101(39)(D).
‘‘(2) Nothing in this section shall be construed to re-
quire any person to participate in a qualified voluntary
response program under this section or in any other vol-
untary response program in order to qualify as an inno-
cent landowner or bona fide prospective purchaser for pur-
poses of subsections (o) and (p) of section 107.
‘‘(q) AUTHORIZATION
OF
APPROPRIATIONS.—To
carry out this section, there is authorized to be appro-
priated from the Hazardous Substance Superfund estab-
lished under section 9507 of the Internal Revenue Code
of 1986 $15,000,000 for each of fiscal years 1999 through
2003.’’.
(b) EXPENDITURES
FROM
SUPERFUND.—Section
111(c) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9611(c)) is further amended by adding at the end the fol-
lowing new paragraph:
‘‘(17) ASSISTANCE TO STATES TO DEVELOP OR
ENHANCE
STATE
VOLUNTARY
RESPONSE
PRO-
GRAMS.—Costs under section 127, as authorized
under subsection (q) of that section.’’.
TITLE II—LIABILITY
SEC. 201. LIABILITY EXEMPTIONS AND LIMITATIONS.
(a) LIABILITY EXEMPTIONS.—Section 107 of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607), as amended
by title I, is further amended by adding at the end the
following new subsection:
‘‘(s) LIABILITY EXEMPTIONS.—
‘‘(1) SMALL BUSINESS EXEMPTION.—
‘‘(A) 
IN
GENERAL.—Notwithstanding
paragraphs (1) through (4) of subsection (a), a
person shall not be liable for response costs or
response actions under this Act with respect to
a facility on the National Priorities List if li-
ability is based solely on paragraph (3) or (4)
of subsection (a), and the person can dem-
onstrate that—
‘‘(i) the person is a business that, in-
cluding its parents, subsidiaries, and other
affiliates, during each of the 3 taxable
years preceding the date of transmittal of
notification that the business is a poten-
tially responsible party—
‘‘(I) had annual gross revenues of
no more than $3,000,000, as reported
to the Internal Revenue Service; and
‘‘(II) employed no more than 50
individuals; and
‘‘(ii) the acts upon which liability is
based took place wholly before the date of
enactment of this paragraph.
‘‘(B) DEFINITION
OF
AFFILIATE.—For
purposes of this paragraph, the term ‘affiliate’
has the meaning of that term provided in the
definition of ‘small business concern’ in regula-
tions promulgated by the Small Business Ad-
ministration under the Small Business Act (15
U.S.C. 631 et seq.).
‘‘(C) EXCEPTIONS.—The exemption pursu-
ant to subparagraph (A) shall not apply in a
case in which the President, in his sole discre-
tion, determines that—
‘‘(i) the materials containing hazard-
ous substances that the person arranged
for disposal or treatment of, arranged with
a transporter for transport for disposal or
treatment of, or accepted for transport for
disposal or treatment, have contributed
significantly or could contribute signifi-
cantly, either individually or in the aggre-
gate, to the cost of the response action or
natural resource restoration with respect to
the facility; or
‘‘(ii) the person has failed to comply
fully and completely with information re-
quests, administrative subpoenas, or dis-
covery requests issued by the President or
has impeded or is impeding, through action
or inaction, the performance of a response
action or natural resource restoration with
respect to the facility.
‘‘(D) 
PRESERVATION
OF
CERTAIN
CLAIMS.—The exemption under this paragraph
shall not apply with respect to a contribution
claim by any party arising out of an obligation
assumed by the party in a settlement with the
United States or a State under this Act entered
into by such party as of the date of enactment
of this paragraph. Such contribution claims
shall be subject to subparagraphs (E) and (F).
‘‘(E) MORATORIUM
ON
COMMENCEMENT
OR CONTINUATION OF SUITS.—
‘‘(i) MORATORIUM.—No person may
commence a civil action for a contribution
claim preserved under subparagraph (D)
until the date that is the earliest of—
‘‘(I) in the event that no request
for a settlement is made to the United
States under subparagraph (F)(ii), 90
days after the small business receives
notice under subparagraph (F)(i);
‘‘(II) the date of receipt of notice
of the conclusion of settlement nego-
tiations under subparagraph (F)(vii);
or
‘‘(III) 2 years after the date of
enactment of this paragraph.
‘‘(ii) STATUTE OF LIMITATIONS.—Any
applicable limitations period with respect
to a contribution claim preserved under
subparagraph (D) shall be tolled from the
date of enactment of this paragraph until
the end of the moratorium period under
clause (i) of this subparagraph.
‘‘(iii) STAY OF EXISTING ACTIONS.—If
a contribution claim preserved under sub-
paragraph (D) is pending on the date of
enactment of this paragraph, the action or
claim shall be stayed for a period of no less
than 180 days for the purpose of permit-
ting the small business to negotiate a set-
tlement with the United States pursuant to
subparagraph (F), unless the court deter-
mines that the stay will result in manifest
injustice.
‘‘(F) SETTLEMENT PROCESS.—
‘‘(i) NOTICE
OF
CLAIM.—Any party
that intends to file a contribution claim
that is preserved under subparagraph (D)
shall, within 1 year after the date of enact-
ment of this paragraph, notify the small
business with respect to such claim in writ-
ing of such intent and shall provide such
person with information concerning all of
the available evidence that indicates that
each element of liability contained in sub-
section (a) is present, with a copy to the
Administrator. The preservation of con-
tribution claims provided in subparagraph
(D) shall not apply to any claim for which
the notice required under this paragraph
has not been provided within 1 year after
the date of enactment of this subsection.
‘‘(ii) NOTICE TO UNITED STATES.—A
person that receives notice under clause (i)
and that desires to enter into a settlement
under this subparagraph shall make a
written request to the United States re-
questing such a settlement within 90 days
after the receipt of such notice. If no such
request is made within the period provided
in this clause, the moratorium provided in
subparagraph (E)(i) shall cease.
‘‘(iii) SETTLEMENT NEGOTIATIONS.—
Following receipt of notice under clause
(ii), the United States shall offer a settle-
ment to the small business on terms that
take into account all relevant factors, in-
cluding the ability of the small business to
finance a settlement.
‘‘(iv) SETTLEMENT
PROCEDURES.—
Settlements under this section shall be
subject to paragraphs (2) through (4) of
section 122(g).
‘‘(v) EFFECT
OF
SETTLEMENT.—A
small business that has resolved its liability
in a settlement under this paragraph shall
not be liable under this Act to any other
person (including liability for contribution)
with respect to the facility.
‘‘(vi) TERMS OF SETTLEMENT.—The
President shall have authority to enter into
settlements under this paragraph that in-
clude terms providing for the disposition of
the proceeds of such settlement in a man-
ner that is fair and reasonable, including,
where appropriate, the placement of settle-
ment proceeds in interest-bearing accounts
to conduct or enable other persons to con-
duct response actions, or other dispositions
for the benefit of persons whose claims are
extinguished by operation of clause (v).
‘‘(vii) FAILURE OF NEGOTIATIONS.—
In the event that the President determines
that a settlement with the small business
under this paragraph cannot be reached,
the Environmental Protection Agency shall
give written notice of the conclusion of ne-
gotiations to the small business, to any
party that provided notice under clause
(ii), and to any plaintiff in an action
stayed under subparagraph (E)(iii).
‘‘(2) DE MICROMIS EXEMPTION.—
‘‘(A) 
IN
GENERAL.—Notwithstanding
paragraphs (1) through (4) of subsection (a), a
person shall not be liable under this Act if li-
ability is based solely on paragraph (3) or (4)
of subsection (a), and the person can dem-
onstrate that the total amount of the material
containing hazardous substances that the per-
son arranged for disposal or treatment of, ar-
ranged with a transporter for transport for dis-
posal or treatment of, or accepted for transport
for disposal or treatment, at the facility was
less than 110 gallons of liquid materials or less
than 200 pounds of solid materials (or such
greater or lesser amounts as the Administrator
may determine by regulation).
‘‘(B) EXCEPTIONS.—The exemption pursu-
ant to subparagraph (A) shall not apply in a
case in which—
‘‘(i) all or part of the disposal or
treatment concerned occurred after Decem-
ber 31, 1997; or
‘‘(ii) the President, in his sole discre-
tion, determines that—
‘‘(I) the materials containing
hazardous substances referred to in
subparagraph (A) have contributed
significantly or could contribute sig-
nificantly, either individually or in the
aggregate, to the cost of the response
action or natural resource restoration
with respect to the facility; or
‘‘(II) the person has failed to
comply fully and completely with in-
formation 
requests, 
administrative
subpoenas, 
or 
discovery 
requests
issued by the President or has im-
peded or is impeding, through action
or inaction, the performance of a re-
sponse action or natural resource res-
toration with respect to the facility.
‘‘(3) MUNICIPAL SOLID WASTE EXEMPTION.—
‘‘(A) 
IN
GENERAL.—Notwithstanding
paragraphs (1) through (4) of subsection (a), a
person shall not be liable under this Act to the
extent that—
‘‘(i) liability is based solely on para-
graph (3) or (4) of subsection (a);
‘‘(ii) the person can demonstrate that
it arranged for disposal or treatment of,
arranged with a transporter for transport
for disposal or treatment of, or accepted
for transport for disposal or treatment,
municipal solid waste; and
‘‘(iii) the person is—
‘‘(I) the owner, operator, or les-
see of residential property from which
all of the municipal solid waste attrib-
utable to such person was generated;
‘‘(II) a business entity that, in-
cluding its parents, subsidiaries, and
other affiliates, during the tax year of
the entity preceding the date of trans-
mittal to the entity of written notifica-
tion from the President of its poten-
tial liability under this Act, employed
no more than 100 individuals and is a
‘small business concern’ as defined
under the Small Business Act (15
U.S.C. 631 et seq.); or
‘‘(III) a small nonprofit organiza-
tion where the particular chapter, of-
fice, or department employing fewer
than 100 individuals was the location
from which all of the municipal solid
waste attributable to such organiza-
tion with respect to the facility was
generated.
For purposes of this paragraph, the term ‘affili-
ate’ has the meaning of that term provided in
the definition of ‘small business concern’ in reg-
ulations promulgated by the Small Business
Administration in accordance with the Small
Business Act (15 U.S.C. 631 et seq.).
‘‘(B) EXCEPTION.—The exemption pursu-
ant to subparagraph (A) shall not apply in a
case in which the President determines that—
‘‘(i) the person has failed to comply
fully and completely with information re-
quests, administrative subpoenas, or dis-
covery requests issued by the President; or
‘‘(ii) the person has impeded or is im-
peding, through action or inaction, the per-
formance of a response action or natural
resource restoration with respect to the fa-
cility.
‘‘(4) INHERITANCE OR BEQUEST EXEMPTION.—
Notwithstanding paragraphs (1) through (4) of sub-
section (a), a person shall not be liable under this
Act to the extent liability at such facility is based
solely on the person’s status as owner under sub-
section (a)(1) for a release or threat of release from
the facility, and the person acquired the facility by
inheritance or bequest, if the person—
‘‘(A) acquired the real property on which
the facility concerned is located after disposal
or placement of the hazardous substance took
place;
‘‘(B) exercised appropriate care with re-
spect to hazardous substances found at the fa-
cility by taking reasonable steps to—
‘‘(i) stop ongoing releases;
‘‘(ii) prevent any threatened future re-
leases of hazardous substances; and
‘‘(iii) prevent or limit human or natu-
ral resource exposure to hazardous sub-
stances previously released into the envi-
ronment; and
‘‘(C) provides full cooperation, assistance,
and facility access to persons authorized to con-
duct response actions at the vessel or facility,
including the cooperation and access necessary
for the assessment of contamination and the in-
stallation, preservation of integrity, operation,
and maintenance of any complete or partial re-
sponse action at the vessel or facility.
‘‘(5) RIGHT-OF-WAY OR BUSINESS LICENSE EX-
EMPTION.—Notwithstanding paragraphs (1) through
(4) of subsection (a), a Federal or State govern-
mental entity or municipality shall not be liable
under this Act to the extent the liability of the entity
or municipality at such facility is based solely on
its—
‘‘(A) ownership of a road, street, or other
right-of-way or public transportation route
(other than railroad rights-of-way and railroad
property) over which hazardous substances are
transported; or
‘‘(B) granting of a license or permit to
conduct business.
‘‘(6) SPUR TRACK EXEMPTION.—Notwithstand-
ing paragraphs (1) through (4) of subsection (a), a
person that does not impede the performance of a
response action or natural resource restoration shall
not be liable under this Act to the extent that liabil-
ity is based solely on the status of the person as
a railroad owner or operator of a spur track, includ-
ing a spur track over land subject to an easement,
to a facility that is owned or operated by a person
that is not affiliated with the owner or operator if—
‘‘(A) the spur track provides access to a
main line or branch line track that is owned or
operated by the railroad;
‘‘(B) the spur track is 10 miles long or
less;
‘‘(C) the railroad owner or operator does
not cause or contribute to a release or threat-
ened release at the spur track;
‘‘(D) the railroad owner or operator exer-
cised appropriate care with respect to hazard-
ous substances found at the facility by taking
reasonable steps to—
‘‘(i) stop ongoing releases;
‘‘(ii) prevent any threatened future re-
leases of hazardous substances; and
‘‘(iii) prevent or limit human or natu-
ral resource exposure to hazardous sub-
stances previously released into the envi-
ronment; and
‘‘(E) the railroad owner or operator pro-
vides full cooperation, assistance, and facility
access to persons authorized to conduct re-
sponse actions at the vessel or facility, including
the cooperation and access necessary for the as-
sessment of contamination and the installation,
preservation of integrity, operation, and mainte-
nance of any complete or partial response ac-
tion at the vessel or facility.
‘‘(7) PENALTY
FOR
INAPPROPRIATE
LAW-
SUITS.—Any person who commences an action after
the date of enactment of this section for recovery of
response costs or in contribution against a person
who is not liable by operation of paragraph (1), (2),
or (3) shall be liable to that person for all reasonable
costs of defending that action, including all reason-
able attorneys’ fees and expert witness fees.’’.
(b) RELIGIOUS, CHARITABLE, SCIENTIFIC, OR EDU-
CATIONAL ORGANIZATION.—Section 107 of such Act (42
U.S.C. 9607) is further amended by adding at the end
the following new subsection:
‘‘(t) RELIGIOUS, CHARITABLE, SCIENTIFIC, OR EDU-
CATIONAL ORGANIZATION.—
‘‘(1) LIMITATION ON LIABILITY.—In the event
that an organization described in section 101(20)(H)
holds title to a vessel or facility, either directly or in
trust, as a result of a charitable gift that is allow-
able as a deduction under section 170, 2055, or
2522 of the Internal Revenue Code of 1986 (deter-
mined without regard to dollar limitations), the or-
ganization’s liability under subsection (a)(1) shall be
limited to the lesser of the fair market value of the
vessel or facility or the actual proceeds of the sale
of the vessel or facility received by the organization,
subject to paragraph (2).
‘‘(2) CONDITIONS.—In order for an organiza-
tion described in section 101(20)(H) to be eligible
for the limited liability described in paragraph (1),
the organization shall—
‘‘(A) provide full cooperation, assistance,
and facility access to persons authorized to con-
duct response actions at the vessel or facility,
including the cooperation and access necessary
for the assessment of contamination and the in-
stallation, preservation of integrity, operation,
and maintenance of any complete or partial re-
sponse action at the vessel or facility;
‘‘(B) establish by a preponderance of the
evidence that all active disposal of hazardous
substances at the facility or vessel occurred be-
fore the organization acquired the vessel or fa-
cility;
‘‘(C) establish by a preponderance of the
evidence that the organization exercised appro-
priate care with respect to hazardous sub-
stances found at the facility by taking reason-
able steps to—
‘‘(i) stop ongoing releases;
‘‘(ii) prevent threatened future re-
leases of hazardous substances; and
‘‘(iii) prevent or limit human or natu-
ral resource exposure to hazardous sub-
stances previously released into the envi-
ronment; and
‘‘(D) establish by a preponderance of the
evidence that the organization is not affiliated
with any other potentially liable person at the
facility, through any familial relationship, or
any contractual, corporate, or financial relation-
ship other than that created by the instrument
by which title to the facility is conveyed or fi-
nanced.
‘‘(3) LIMITATION.—Nothing in this subsection
shall affect the liability of any person, other than a
person described in section 101(20)(H), who meets
the conditions specified in paragraph (2).’’.
(c) MUNICIPAL OWNERS AND OPERATORS.—Section
107 of such Act (42 U.S.C. 9607) is further amended by
adding at the end the following new subsection:
‘‘(u) MUNICIPAL OWNERS AND OPERATORS.—
‘‘(1) IN GENERAL.—A municipality that is lia-
ble for response costs under paragraph (1) or (2) of
subsection (a) on the basis of ownership or operation
of a municipal landfill that is listed on the National
Priorities List on or before October 1, 1997 (as
identified by the President), shall be eligible for a
settlement under this subsection.
‘‘(2) SETTLEMENT
AMOUNT.—(A) The Presi-
dent shall offer a settlement to a party with respect
to such liability on the basis of a payment or other
obligation equivalent in value to no more than 20
percent of the total response costs in connection with
the facility. The President may increase this per-
centage to no more than 35 percent of the total re-
sponse costs in connection with the facility if the
President determines—
‘‘(i) the municipality exacerbated environ-
mental contamination or exposure with respect
to the facility; or
‘‘(ii) the municipality, during the period of
ownership or operation of the facility, received
operating revenues substantially in excess of the
sum of the waste system operating costs plus
20 percent of total estimated response costs in
connection with the facility.
‘‘(B) Such a settlement shall pertain to only the
party’s liability under paragraph (1) or (2) of sub-
section (a).
‘‘(3) PERFORMANCE OF RESPONSE ACTIONS.—
Subject to the limitations of paragraph (2), the
President may require, as a condition of a settle-
ment with a municipality under this subsection, that
the municipality perform, or participate in the per-
formance of, the response actions at the site.
‘‘(4) JOINT
OWNERSHIP
OR
OPERATION.—A
combination of 2 or more municipalities that jointly
owned or operated the facility at the same time or
during continuous operations under municipal con-
trol, shall be considered a single owner/operator for
the purpose of calculating a settlement offer pursu-
ant to this subsection.
‘‘(5) WAIVER OF CLAIMS.—The President may
require, as a condition of a settlement under this
subsection, that the municipality waive some or all
of the claims or causes of action that such munici-
pality may have against other potentially responsible
parties relating to the site, including claims for con-
tribution under section 113.
‘‘(6) CONDITIONS.—In order for a municipality
to be eligible for the limited liability described in this
subsection, the acts or omissions giving rise to liabil-
ity must have occurred before a date 2 years after
the date of enactment of this Act, or the municipal-
ity asserting the limitation must institute or partici-
pate in a qualified household hazardous waste dis-
posal program before a date 2 years after the date
of enactment of this Act.
‘‘(7) EXCEPTIONS.—The President may decline
to offer a settlement under this subsection where the
President determines—
‘‘(A) there is only municipal solid waste or
sewage sludge at the facility;
‘‘(B) all other identified potentially respon-
sible parties are insolvent, defunct, or eligible
for a settlement under this subsection or under
section 122(g);
‘‘(C) the municipality has failed to comply
fully and completely with information requests,
administrative subpoenas, or discovery requests
issued by the United States; or
‘‘(D) the municipality has impeded or is
impeding, through action or inaction, the per-
formance of a response action or a natural re-
source restoration with respect to the facility.
‘‘(8) EXPIRATION OF OFFER.—The President’s
obligation to offer a settlement under this section
shall expire if the municipality to which the offer is
made fails to accept such an offer within a reason-
able time period.’’.
(d) RELATIONSHIP
TO LIABILITY UNDER OTHER
LAWS.—Section 107 of such Act (42 U.S.C. 9607) is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(v) RELATIONSHIP TO LIABILITY UNDER OTHER
LAWS.—Nothing in this section shall affect a person’s li-
ability under any other Federal, State, or local statute or
regulation promulgated pursuant to any such statute, in-
cluding any obligation to comply with the requirements
promulgated by the Administrator under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).’’.
(e) CLARIFICATION OF COMMON CARRIER LIABIL-
ITY.—Section 107(b)(3) of such Act (42 U.S.C.
9607(b)(3)) is amended by striking out ‘‘from a published
tariff and acceptance for’’ and inserting ‘‘exclusively from
a contract for’’.
(f) MISCELLANEOUS
AMENDMENTS.—(1) Section
107 of such Act (42 U.S.C. 9607) is further amended as
follows:
(A) Subsection (a)(1) is amended by striking
‘‘and’’ and inserting ‘‘or’’.
(B) Subsection (a)(2) is amended by inserting
‘‘vessel or’’ before ‘‘facility’’.
(C) Subsection (c)(3) is amended in the first
sentence by striking ‘‘such person may be liable’’
and all that follows through the end of the sentence
and inserting the following: ‘‘such person is liable to
the United States for any response costs incurred by
the United States as a result of such failure to take
proper action and may be liable to the United States
for punitive damages in an amount up to three times
the amount of such response costs.’’.
(2) Section 101(35)(A) of such Act (42 U.S.C.
9601(35)(A)) is amended—
(A) by striking clause (iii); and
(B) by striking ‘‘clause (i), (ii), or (iii)’’ and in-
serting ‘‘the following clauses’’.
SEC. 202. SCOPE OF RULEMAKING AUTHORITY.
Section 115 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9615) is amended to read as follows:
‘‘SEC. 115. PRESIDENTIAL DELEGATION AND ASSIGNMENT
OF DUTIES OR POWERS AND PROMULGATION
OF REGULATIONS.
‘‘The President (or the Administrator where applica-
ble) is authorized to promulgate such regulations as the
President (or the Administrator where applicable) deems
necessary to carry out the provisions of this Act, and to
delegate and assign any duties or powers imposed upon
or assigned to him by this Act, including the authority
to promulgate regulations. The preceding sentence in-
1 or more of the following conditions for eligibility
for an expedited settlement:
‘‘(A) DE
MINIMIS
CONTRIBUTION.—The
person’s liability is based on paragraph (3) or
(4) of section 107(a) and the person’s individ-
ual contribution of hazardous substances at the
facility is de minimis. For purposes of this sub-
paragraph, the contribution of hazardous sub-
stances to a facility by a potentially responsible
party is de minimis if the President determines
that both of the following conditions are met:
‘‘(i) The amount of materials contain-
ing hazardous substances contributed by
that person to the facility is minimal in
comparison to the total amount of mate-
rials containing hazardous substances at
the facility. Such individual contribution is
presumed to be minimal if it is 1 percent
or less of the total amount of materials
containing hazardous substances at the fa-
cility, unless the Administrator identifies a
different threshold based on site-specific
factors.
‘‘(ii) The materials containing hazard-
ous substances contributed by the person
do not present toxic or other hazardous ef-
fects that are significantly greater than
those of other materials containing hazard-
ous substances at the facility.’’;
(2) by inserting into subparagraph (B) the fol-
lowing heading before the first sentence: ‘‘OWNERS
OF REAL PROPERTY.—’’; and
(3) by inserting after subparagraph (B) of
paragraph (1) the following:
‘‘(C) CONTRIBUTION OF MUNICIPAL SOLID
WASTE AND SEWAGE SLUDGE.—
‘‘(i) IN GENERAL.—The potentially re-
sponsible party’s liability for response costs
is based on paragraph (3) or (4) of section
107(a), and the person can demonstrate
that it arranged for disposal or treatment
of, arranged with a transporter for trans-
port for disposal or treatment of, or ac-
cepted for transport for disposal or treat-
ment, municipal solid waste or sewage
sludge at a facility listed on the National
Priorities List.
‘‘(ii) SETTLEMENT AMOUNT.—To the
extent that liability is based on municipal
solid waste or sewage sludge, the President
shall offer a settlement to such a party
under this subparagraph on the basis of a
payment of $5.30 per ton of municipal
solid waste or sewage sludge that the
President estimates is attributable to such
party. Where the party has been forthcom-
ing with requested information, but the in-
formation is nonetheless incomplete, the
President shall estimate the party’s quan-
tity of municipal solid waste or sewage
sludge by incorporating reasonable as-
sumptions based on relevant information,
such as census data and national per cap-
ita solid waste generation information.
Such a settlement shall pertain only to the
party’s liability with respect to municipal
solid waste or sewage sludge under para-
graph (3) or (4) of section 107.
‘‘(iii) CONDITIONS.—In order for a
municipality to be eligible for the settle-
ment described in this subparagraph (C),
the acts or omissions giving rise to liability
must have occurred before a date 2 years
after the date of enactment of this sub-
paragraph, or the municipality asserting
the limitation must institute or participate
in a qualified household hazardous waste
disposal program before a date 2 years
after the date of enactment of this sub-
paragraph.
‘‘(iv) EXCLUSION OF CERTAIN FACILI-
TIES.—A potentially responsible party de-
scribed in clause (i) shall not be eligible for
a settlement described in this subpara-
graph if the facility at which the disposal
or treatment occurred contains only munic-
ipal solid waste or sewage sludge.
‘‘(v) EXCEPTION FOR CERTAIN SEW-
AGE SLUDGE.—The President may decline
to offer a settlement under this subsection
to a person that arranged for disposal or
treatment of, arranged with a transporter
for transport for disposal or treatment of,
or accepted for transport for disposal or
treatment, sewage sludge, if the President
determines that the sewage sludge contrib-
uted or could contribute significantly to
the cost of response.
‘‘(vi) ADJUSTMENT FOR INFLATION.—
The settlement rate per ton of municipal
solid waste or sewage sludge under this
subparagraph (C) shall be adjusted annu-
ally for inflation. Such adjustments shall
take effect on July 1 of each year after the
enactment of this subparagraph. The infla-
tion adjustment shall be determined by in-
creasing the settlement rate per ton of mu-
nicipal solid waste or sewage sludge under
this subparagraph (C) by the cost-of-living
adjustment. The cost-of-living adjustment
shall be the percentage difference by which
the Consumer Price Index for the month
of the June preceding a settlement exceeds
the Consumer Price Index for the imme-
diate prior month of June.
‘‘(vii) OTHER
MATERIALS.—Notwith-
standing clause (i), a potentially respon-
sible party that arranged for disposal or
treatment of, arranged with a transporter
for transport for disposal or treatment of,
or accepted for transport for disposal or
treatment, municipal solid waste or sewage
sludge and other materials containing haz-
ardous substances shall be eligible for the
per-ton settlement rate described in this
subparagraph as to the municipal solid
waste or sewage sludge only if the poten-
tially responsible party demonstrates to the
President’s satisfaction the quantity of the
municipal solid waste and sewage sludge
contributed by such party and the quantity
and composition of the other materials
containing hazardous substances contrib-
uted by such party. Where such party
demonstrates to the President’s satisfac-
tion that the material other than municipal
solid waste or sewage sludge contributed
by such party is eligible for the de micro-
mis exemption under section 107(s)(2) or
a de minimis settlement under subpara-
graph (A), such party shall be eligible for
the per-ton settlement rate as to its munic-
ipal solid waste or municipal sewage sludge
in an expedited settlement under this para-
graph. In other cases, the President shall
offer to resolve the party’s liability with re-
spect to the municipal solid waste or sew-
age sludge at the per-ton settlement rate
described in this paragraph at such time as
the party also agrees to a settlement with
respect to other materials containing haz-
ardous substances on terms and conditions
acceptable to the President.
‘‘(viii) MUNICIPAL OWNERS AND OP-
ERATORS.—Where a municipality is eligible
for the per-ton settlement rate under this
subparagraph, and is also eligible for a set-
tlement under section 107(u) with respect
to the same facility, the President shall
offer a settlement to such municipality for
an amount equal to the settlement amount
under clause (ii) with respect to its con-
tribution of municipal solid waste or sew-
age sludge, plus the amount provided in
section 107(u) as to the liability of the mu-
nicipality under paragraph (1) or (2) of
section 107(a). Notwithstanding any other
requirement in this section, such a settle-
ment offer shall be made at such time as
the President determines is appropriate.
‘‘(ix) EXPIRATION
OF
OFFER.—The
President’s obligation to offer a settlement
at the rate provided under this subpara-
graph shall expire if the party to which the
offer has been made fails to accept such an
offer within a reasonable time period.
‘‘(D) ABILITY TO PAY.—
‘‘(i) IN GENERAL.—The potentially re-
sponsible party is a natural person, a small
business as defined in clause (ii), or a mu-
nicipality and demonstrates to the United
States an inability or a limited ability to
pay response costs.
‘‘(ii) SMALL BUSINESS.—For purposes
of this subparagraph, each of the following
provisions apply:
‘‘(I) 
DEFINITION.—The 
term
‘small business’ means any business
entity that is described in clauses (i)
and (ii) of section 107(s)(1)(A).
‘‘(II) 
DETERMINATION.—The
small business shall demonstrate the
amount of its ability to pay response
costs. If the small business employs
fewer than 20 employees and has
gross income revenues of less than
$1,800,000, the President shall per-
form any analysis that the President
determines may assist in demonstrat-
ing the impact of a settlement upon
the small business’s ability to main-
tain its basic operations. The Presi-
dent, in his discretion, may perform
such analysis for any other party or
require such other party to perform
the analysis.
‘‘(III) ALTERNATIVE
PAYMENT
METHODS.—If the President deter-
mines that a small business is unable
to pay its total settlement amount im-
mediately, the President shall consider
such alternative payment methods as
may be necessary or appropriate. The
methods to be considered may include
installment payments, to be paid dur-
ing a period not to exceed 10 years,
and the provision of in-kind services.
‘‘(iii) MUNICIPALITIES.—For purposes
of this subparagraph, each of the following
provisions apply:
‘‘(I) CONSIDERATIONS.—In the
case of a municipality, the President
shall consider, to the extent that in-
formation is provided by the munici-
pality—
‘‘(aa) the general obligation
bond 
rating 
and 
information
about the most recent bond issue
for which the rating was pre-
pared;
‘‘(bb) the amount of total
available funds (other than dedi-
cated funds or State assistance
payments for remediation of inac-
tive hazardous waste sites);
‘‘(cc) the amount of total
operating revenues (other than
obligated or encumbered reve-
nues);
‘‘(dd) the amount of total
expenses;
‘‘(ee) the amounts of total
debt and debt service;
‘‘(ff) per capita income and
cost of living;
‘‘(gg) real property values;
‘‘(hh) unemployment infor-
mation; and
‘‘(ii) population information
of the municipality.
‘‘(II) EVALUATION OF IMPACT.—
A municipality may also submit for
consideration by the President an
evaluation of the potential impact of
the settlement on the provision of es-
sential municipal services and the fea-
sibility of making delayed payments or
payments over time. If a municipality
asserts that it has additional environ-
mental obligations besides its poten-
tial liability under this Act, the mu-
nicipality may create a list of the obli-
gations, including an estimate of the
costs of complying with such obliga-
tions.
‘‘(III) RISK OF DEFAULT OR VIO-
LATION.—A municipality may estab-
lish an inability to pay for purposes of
this subparagraph through an affirm-
ative showing that such payment of
its liability under this Act would—
‘‘(aa) create a substantial
demonstrable risk that the mu-
nicipality would default on exist-
ing debt obligations (existing as
of the time of the showing), be
forced into bankruptcy, be forced
to dissolve, or be forced to make
budgetary cutbacks that would
substantially reduce current lev-
els (as of the time of the show-
ing) of protection of public health
and safety; or
‘‘(bb) necessitate a violation
of legal requirements or limita-
tions of general applicability con-
cerning 
the 
assumption 
and
maintenance of fiscal municipal
obligations.
‘‘(IV) ADDITIONAL FACTOR REL-
EVANT TO SETTLEMENTS WITH MU-
NICIPALITIES.—In 
any 
settlement
with a municipality pursuant to this
title, the President may consider the
fair-market value of any in-kind serv-
ices that the party may provide to
support the response action at the fa-
cility in determining an appropriate
settlement amount.
‘‘(iv) EFFECT ON AUTHORITY.—This
subparagraph shall not be construed to
limit or affect the President’s authority to
evaluate any person’s ability to pay or to
enter into settlements with any person
based on that person’s inability to pay.
‘‘(E) ADDITIONAL CONDITIONS FOR EXPE-
DITED SETTLEMENTS.—
‘‘(i) WAIVER OF CLAIMS.—The Presi-
dent may require, as a condition of a set-
tlement under this paragraph (1), that the
potentially responsible party waive some or
all of the claims or causes of action that
such party may have against other poten-
tially responsible parties relating to the
site, including claims for contribution
under section 113.
‘‘(ii) 
EXCEPTION.—The 
President
may decline to offer a settlement under
this paragraph (1) where the President de-
termines—
‘‘(I) the person has failed to com-
ply fully and completely with informa-
tion requests, administrative subpoe-
nas, or discovery requests issued by
the United States; or
‘‘(II) the person has impeded or
is impeding, through action or inac-
tion, the performance of a response
action or natural resource restoration
with respect to the facility.
‘‘(iii) BASIS OF DETERMINATION.—If
the President determines that a party is
not eligible for a settlement pursuant to
this subsection, the basis for that deter-
mination shall be explained in writing to
any person who requests such a settlement.
Such a determination shall not be subject
to judicial review.’’.
(b) NOTIFICATION.—Section 122(g) of such Act (42
U.S.C. 9622(g)) is further amended by redesignating
paragraph (6) as paragraph (10) and inserting the follow-
ing new paragraphs:
‘‘(6) NOTIFICATION OF PARTIES.—
‘‘(A) NOTIFICATION.—As soon as prac-
ticable after receipt of sufficient information,
the Administrator shall notify any person that
the Administrator determines is eligible for an
expedited final settlement in accordance with
paragraph (1) of its eligibility, based on infor-
mation available to the Administrator at the
time the determination is made.
‘‘(B) SETTLEMENT
OFFER.—As soon as
practicable after receipt of sufficient informa-
tion, the Administrator shall submit a written
settlement offer to each party notified under
subparagraph (A). Upon request by any recipi-
ent of a settlement offer under paragraph (1),
the Administrator shall make available any in-
formation available under section 552 of title 5,
United States Code, on which the Adminis-
trator based the settlement offer. If the settle-
ment offer is based in whole or in part on infor-
mation not available under section 552 of title
5, United States Code, the Administrator shall
so inform the party.
‘‘(7) LITIGATION MORATORIUM.—
‘‘(A) IN GENERAL.—No person that has
received notice under paragraph (6) that it is
eligible for an expedited settlement under para-
graph (1) shall be named as a defendant in any
action under section 107 for recovery of re-
sponse costs (including an action for contribu-
tion) during the period beginning on the date
on which the person receives from the President
written notice that it is a party that may qual-
ify for an expedited settlement, and ending on
the earlier of—
‘‘(i) the date that is 90 days after the
date on which the President tenders a
written settlement offer to the person; or
‘‘(ii) the date that is 1 year after the
date specified in subparagraph (A).
This moratorium shall not apply with respect to
a person eligible for a settlement under para-
graph (1)(C) (vii) or (viii).
‘‘(B) TOLLING
OF
PERIOD
OF
LIMITA-
TION.—The period of limitation under section
113(g) applicable to a claim against a person
described in subparagraph (A) for response
costs or contribution shall be tolled during the
period described in subparagraph (A).
‘‘(C) STAY OF LITIGATION.—If, before the
date of enactment of this paragraph, a person
described in subparagraph (A) has been named
as a defendant in an action for recovery of re-
sponse costs or contribution, the court shall,
unless a stay would result in manifest injustice,
stay the action as to that claim until the end
of the period described in subparagraph (A).
‘‘(8) NOTICE OF SETTLEMENT.—After a settle-
ment under this subsection becomes final with any
person with respect to a facility, the President shall
promptly notify potentially responsible parties at the
facility that have not resolved their liability to the
United States of the settlement.’’.
SEC. 205. INFORMATION GATHERING AND ACCESS.
(a) ADDITIONAL INFORMATION.—Section 104(e)(2)
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9604(e)(2)) is amended—
(1) by striking subparagraph (C) and inserting:
‘‘(C) The ability of a person to pay for or
to perform a response action.’’; and
(2) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) The identity of any persons engaged
in, responsible for, controlling, or having the
ability to control activities or operations at a
vessel or facility giving rise to liability under
this Act.
‘‘(E) The potential liability or responsibil-
ity of any person to perform or pay for a re-
sponse action.
‘‘(F) For a person conducting a response
action, an accounting of direct and indirect
costs the person has incurred in conducting
such response action.
‘‘(G) Information that is otherwise relevant
to enforce the provisions of this Act.’’.
(b) CERTIFICATIONS.—Section 104(e) of such Act
(42 U.S.C. 9604(e)) is amended—
(1) by redesignating paragraphs (3), (4), (5),
(6), and (7) as paragraphs (4), (5), (6), (7), and
(8), respectively; and
(2) by inserting after paragraph (2) the follow-
ing:
‘‘(3) CERTIFICATION.—The President may re-
quire respondents to requests made pursuant to this
subsection to certify that—
‘‘(A) the responses are true, accurate, and
complete to the best of the respondent’s knowl-
edge;
‘‘(B) the responses are based on a diligent,
good faith search of records in the possession or
control of the person to whom the request was
directed;
‘‘(C) the responses are based on a reason-
able inquiry of the current and former officers,
directors, employees, and agents of the person
to whom the request was directed;
‘‘(D) the responses accurately and com-
pletely reflect information obtained in the
course of conducting such search and inquiry;
‘‘(E) the respondent understands that
there is a continuing obligation to supplement
the response if any additional, new, or different
information relevant to the matters addressed
in the request or the response thereto becomes
known or available to the respondent; and
‘‘(F) the respondent understands that
there are significant penalties for knowingly
and willfully submitting false information, in-
cluding the possibility of fine and imprison-
ment.’’.
(c) ADMINISTRATIVE SUBPOENAS.—Section 104(e)
of such Act (42 U.S.C. 9604(e)) is further amended by
inserting after paragraph (8) (as redesignated by sub-
section (b)) the following new paragraph:
‘‘(9) ADMINISTRATIVE
SUBPOENAS.—When it
would assist in the collection of information nec-
essary or appropriate for the purposes of implement-
ing this Act, the Administrator may by subpoena re-
quire the attendance and testimony of witnesses and
the production of reports, papers, documents, an-
swers to questions, and other information listed in
paragraph (2) that the Administrator considers nec-
essary. Witnesses shall be paid the same fees and
mileage that are paid witnesses in the courts of the
United States. In the event of contumacy or failure
or refusal of any person to obey any such subpoena,
any district court of the United States in which
venue is proper shall have jurisdiction to order any
such person to comply with such subpoena. Any fail-
ure to obey such an order of the court is punishable
by the court as a contempt thereof.’’.
(d) CONFIDENTIALITY OF INFORMATION.—Subpara-
graph (A) of section 104(e)(8) of such Act (as redesig-
nated by subsection (b)), is amended to read as follows:
‘‘(A) Any records, reports, documents, or infor-
mation obtained from any person under this section
(including records, reports, documents, or informa-
tion obtained by representatives of the President (or
the State as the case may be) and records, reports,
documents, or information obtained pursuant to a
contract, grant, or other agreement to perform work
pursuant to this section) shall be available to the
public not later than 45 days after the records, re-
ports, or information is obtained, except as follows:
‘‘(i) Upon a showing satisfactory to the
President (or the State, as the case may be) by
any person that records, reports, documents, or
information, or any particular part thereof
(other than health or safety effects data), to
which the President (or the State, as the case
may be) or any officer, employee, or representa-
tive has access under this section if made public
would divulge information entitled to protection
under section 1905 of title 18, United States
Code, such information or particular portion
thereof shall be considered confidential in ac-
cordance with the purposes of that section, ex-
cept as otherwise provided in this clause. Any
such record, report, document, or information
may be disclosed to other officers, employees, or
authorized representatives of the United States
carrying out this Act, when relevant in any pro-
ceeding under this Act, including any allocator
appointed pursuant to section 130. If such
records, reports, documents, or information are
obtained or submitted to the United States (or
the State, as the case may be) pursuant to a
contract, grant, or other agreement to perform
work pursuant to this section, such record, re-
port, document, or information may be dis-
closed to persons from whom the President
seeks to recover costs pursuant to this Act.
‘‘(ii) This section does not require that in-
formation which is exempt from disclosure pur-
suant to section 552(a) of title 5, United States
Code, by reason of subsection (b) of such sec-
tion, be available to the public. The disclosure
of any such information pursuant to this sec-
tion shall not authorize disclosure to other par-
ties or be deemed to waive any privilege avail-
able under any Federal or State law.’’.
(e) CONFIDENTIALITY REQUIREMENTS
FOR CON-
TRACTORS.—Paragraph (8) of section 104(e) of such Act
(as redesignated by subsection (b)) is amended by adding
at the end the following new subparagraph:
‘‘(G)(i) No person described in clause (ii) may
disclose any record, report, document, or other infor-
mation referred to in subparagraph (A)(i) without
the permission of the President (or the State, as the
case may be).
‘‘(ii) A person described in this clause is any
person—
‘‘(I) who is not an employee of the United
States Government; and
‘‘(II) who, by virtue of the person’s duties
under a contract or cooperative agreement with
the United States under this section to perform
work for the United States Government or im-
plement the requirements of this Act, has re-
ceived information obtained under this section
(or any record, report, or document containing
such information) which, if requested from the
United States Government pursuant to section
552 of title 5, United States Code, would be ex-
empt from disclosure by reason of subsection
(b) of such section.’’.
(f) AVAILABILITY OF INFORMATION TO CONGRESS.—
Subsection 104(e) of such Act (42 U.S.C. 9604(e)) is fur-
ther amended by adding after paragraph (9) the following
new paragraph:
‘‘(10) AVAILABILITY OF INFORMATION TO CON-
GRESS.—Nothing in this subsection shall be con-
strued to authorize any person, including any allo-
cator appointed pursuant to section 128, to withhold
any documents or information from Congress, acting
through any duly authorized Committee thereof, or
limit in any manner the right of Congress, acting
through any duly authorized Committee thereof, to
obtain such documents or information.’’.
SEC. 206. COMPLIANCE WITH ADMINISTRATIVE ORDERS.
Section 106(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9606(a)) is amended by adding at the end the fol-
lowing: ‘‘The President may amend such administrative
orders and issue additional orders relating to the facility,
as appropriate, without a subsequent determination that
there may be an imminent and substantial endangerment,
to complete all response actions necessary to respond to
an actual or threatened release or to require additional
response actions that are necessary or appropriate to re-
spond to the actual or threatened release that was the sub-
ject of the original administrative order.’’.
SEC. 207. CIVIL PROCEEDINGS.
(a) PETITIONS.—Section 113(a) of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9613(a)) is amended as fol-
lows:
100
(1) By striking ‘‘upon application by any inter-
ested person’’ and inserting ‘‘by any interested per-
son through the filing of a petition for review’’.
(2) By striking ‘‘application shall be made’’,
and inserting ‘‘petition shall be filed’’.
(b) PERIOD IN WHICH ACTION MAY BE BROUGHT.—
Section 113(g) of such Act (42 U.S.C. 9613(g)) is amend-
ed by striking paragraphs (2) and (3) and inserting in
lieu thereof the following:
‘‘(2) ACTIONS FOR RECOVERY OF COSTS.—(A)
Except as provided in subparagraph (C), an initial
action for recovery of costs referred to in section
107 must be commenced—
‘‘(i) for a removal action, within 3
years after completion of all removal action
taken with respect to the facility (including
off-site disposal of any removed materials,
any site evaluation including evaluations
for selection of a remedial action in accord-
ance with section 121, or design of a reme-
dial action), except that if physical on-site
construction of the remedial action is initi-
ated within 3 years after the completion of
all removal action taken with respect to the
facility, costs incurred for removal action
101
may be recovered in a cost recovery action
brought under clause (ii); and
‘‘(ii) for each remedial action, within
6 years after initiation of physical on-site
construction of that remedial action, unless
that remedial action has been the subject
of a previous cost recovery action.
‘‘(B) In any such action described in this para-
graph, the court shall enter a declaratory judgment
on liability for response costs or damages that will
be binding in such action or in any subsequent ac-
tion or actions to recover further response costs or
damages. A subsequent action or actions under sec-
tion 107 for further response costs at the vessel or
facility may be maintained at any time during the
response action, but must be commenced no later
than 3 years after the date of completion of all re-
sponse action. Except as otherwise provided in this
paragraph, an action may be commenced under sec-
tion 107 for recovery of costs at any time after such
costs have been incurred.
‘‘(C) An action by any potentially responsible
party against another potentially responsible party
for recovery of any response costs or damages must
be commenced within the later of—
102
‘‘(i) the time limitations set forth in sub-
paragraph (A); or
‘‘(ii) where recovery is sought for costs or
damages paid pursuant to a judgment or settle-
ment, 3 years after—
‘‘(I) the date of judgment in any ac-
tion under this Act for recovery of such
costs or damages, or
‘‘(II) the date of any administrative
order or judicial settlement for recovery of
the costs or damages paid or incurred pur-
suant to such a settlement.
‘‘(3) CLAIMS
BY
THE
UNITED
STATES
OR
STATES.—Claims by the United States under section
106 and claims by the United States or a State
under section 107(a) shall not be deemed compul-
sory counterclaims in an action against the United
States or a State seeking response costs, contribu-
tion, damages, or any other claim by any person
under this Act.’’.
SEC. 208. SETTLEMENT NEGOTIATIONS AND ALLOCATION
OF RESPONSIBILITY FOR CERTAIN FACILI-
TIES.
Title I of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
103
U.S.C. 9601 et seq.), as amended by title I of this Act,
is further amended by adding at the end of the following
new section:
‘‘SEC. 128. SETTLEMENT NEGOTIATIONS AND ALLOCATION
OF RESPONSIBILITY FOR CERTAIN FACILI-
TIES.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ALLOCATOR.—The term ‘allocator’ means
a neutral third party retained to conduct an alloca-
tion under this section.
‘‘(2) MANDATORY
ALLOCATION.—The term
‘mandatory allocation’ means an allocation at a non-
federally owned vessel or facility listed on the Na-
tional Priorities List—
‘‘(A) concerning which the Administrator
selects a remedial action (as identified in a
record of decision) after March 30, 1998;
‘‘(B) for which, in the record of decision,
the Administrator estimates that future re-
sponse costs for that remedial action will exceed
$3,000,000; and
‘‘(C) that involves 2 or more unaffiliated
potentially responsible parties.
‘‘(3) ESTIMATED CONTRIBUTION SHARE.—
104
‘‘(A) IN GENERAL.—The term ‘estimated
contribution share’ means the estimated per-
centage amount attributable to potentially re-
sponsible parties and to the orphan share in a
settlement under subsection (e) or by an allo-
cator under subsection (f).
‘‘(B) UNATTRIBUTED
WASTE.—The esti-
mated contribution share associated with haz-
ardous substances that cannot be attributed to
any identifiable potentially responsible party or
allocation party shall be distributed pro rata
among the potentially responsible parties and
the orphan share.
‘‘(4) ORPHAN
SHARE.—The term ‘orphan
share’ means the sum of—
‘‘(A) the estimated contribution share spe-
cifically attributable to potentially responsible
parties determined by the Administrator to be
insolvent or defunct, who are not affiliated with
any viable potentially responsible party or allo-
cation party;
‘‘(B) the estimated contribution share spe-
cifically attributable to parties that are not lia-
ble pursuant to the small business exemption
set forth in section 107(s)(1); and
105
‘‘(C) the difference between each poten-
tially responsible party’s settlement amount in
a settlement under section 122(g)(1)(D) and
the estimated contribution share specifically at-
tributable to that party in the absence of limita-
tions on that party’s financial ability to pay.
‘‘(b) GENERAL PROVISIONS.—
‘‘(1) MANDATORY PROCESS.—For each manda-
tory allocation, the Administrator shall, after con-
ducting any settlement negotiation pursuant to sec-
tion 122(e), initiate the allocation process in accord-
ance with subsection (f) (subject to subsection
(f)(3)).
‘‘(2) PERMISSIVE
PROCESS.—The Adminis-
trator may use any part of the allocation process de-
scribed in this section in order to promote a settle-
ment with respect to any response actions or re-
sponse costs that are not subject to a mandatory al-
location, but shall not be required to provide orphan
share funding with respect to any such response ac-
tions or response costs.
‘‘(3) EXCLUDED
REMEDIAL
ACTIONS.—Settle-
ment negotiations or the allocation process under
this section shall not be required with respect to a
106
remedial action (as identified in a record of decision)
for which—
‘‘(A) there is, as of the date of enactment
of this section, a settlement or consent decree
with a party other than a de minimis party
under section 122(g)(1) or a party that settled
on the basis of an inability or limited ability to
pay response costs;
‘‘(B) a remedial action is being addressed
by a unilateral order issued by the Adminis-
trator under section 106 before the date of en-
actment of this section;
‘‘(C) all potentially responsible parties are
liable or potentially liable as owners or opera-
tors under paragraph (1) or (2) of section
107(a) (notwithstanding any other bases for li-
ability); or
‘‘(D) the remedial action is being carried
out by a State under the authority of this Act,
unless otherwise provided in section 130.
‘‘(4) RESPONSE COSTS.—A mandatory alloca-
tion under this section shall apply to—
‘‘(A) response costs relating to the reme-
dial action referred to in subsection (a)(2) in-
107
curred after the date of enactment of this sec-
tion; and
‘‘(B) unrecovered remedial investigation
and feasibility study costs relating to the reme-
dial action referred to in subsection (a)(2) in-
curred by the United States before the date of
enactment of this section.
‘‘(5) OTHER MATTERS.—This section does not
limit or affect—
‘‘(A) the ability of any person to resolve
any liability, with respect to a facility, to the
United States or any other person at any time
before initiation or completion of the allocation
process;
‘‘(B) the validity, enforceability, finality, or
merits of any judicial or administrative order,
judgment, or decree entered, signed, lodged, or
issued before the date of enactment of this sec-
tion with respect to liability under this Act; or
‘‘(C) the validity, enforceability, finality, or
merits of any contract or agreement in effect
before the date of enactment of this Act relat-
ing to any allocation of responsibility or any in-
demnity for, or sharing of, any response costs
under this Act.
108
‘‘(c) MORATORIUM ON LITIGATION AND ENFORCE-
MENT.—
‘‘(1) MORATORIUM AND STAY.—No person may
commence an action for recovery of a response cost
or contribution toward a response cost under this
Act in connection with a remedial action subject to
a mandatory allocation under this section until 60
days after the completion or termination of alloca-
tion procedures in accordance with this section (in-
cluding post-allocation settlement negotiations). Any
such action that is pending as of the date of enact-
ment of this section shall be stayed until such time,
unless the court determines that such a stay would
result in manifest injustice.
‘‘(2) TOLLING OF STATUTE OF LIMITATIONS.—
Any applicable period of limitation with respect to a
claim described in paragraph (1) shall be tolled until
120 days after the expiration of the moratorium pro-
vided in paragraph (1).
‘‘(3) ACTIONS CONTEMPORANEOUS WITH SET-
TLEMENT.—Notwithstanding this section, the Attor-
ney General may commence a civil action against a
potentially responsible party or allocation party at
any time if at the same time the Attorney General
files a judicial consent decree resolving the liability
109
of the potentially responsible party or allocation
party.
‘‘(d) IDENTIFICATION
OF POTENTIALLY RESPON-
SIBLE PARTIES.—
‘‘(1) IN
GENERAL.—As soon as reasonably
practicable, the Administrator shall perform a com-
prehensive search to identify all potentially respon-
sible parties at a vessel or facility with respect to
which a mandatory allocation is initiated, and pro-
vide appropriate opportunity for participation by po-
tentially responsible parties.
‘‘(2) NOMINATION OF ADDITIONAL PARTIES.—
‘‘(A) SUBMISSION
OF
NAMES.—The Ad-
ministrator shall allow each potentially respon-
sible party identified by the Administrator
under paragraph (1) a reasonable period of
time in which to submit the names of additional
potentially responsible parties.
‘‘(B) STATEMENT OF BASIS.—A potentially
responsible party nominating another person as
a potentially responsible party shall—
‘‘(i) include a statement setting forth
the basis in law and fact why the nomi-
nated party is potentially liable under this
Act; and
110
‘‘(ii) submit to the Administrator and
the nominated person all available informa-
tion that identifies the nature and extent
of the nominated person’s involvement at,
and contribution of hazardous substances
to, the facility.
‘‘(C) SUBMISSION
BY
NOMINATED
PER-
SONS.—A person nominated as a potentially re-
sponsible party may within a reasonable time
submit to the Administrator information relat-
ing to inclusion of the person as a potentially
responsible party at the facility.
‘‘(3) INCLUSION
OF
NOMINATED
PERSONS.—
The Administrator shall include each person nomi-
nated under paragraph (2) on the list of potentially
responsible parties, unless the Administrator deter-
mines that inclusion of the person as a potentially
liable party is not warranted by law or not based on
facts that have reasonable evidentiary support under
the circumstances.
‘‘(4) LIST OF POTENTIALLY RESPONSIBLE PAR-
TIES.—On completion of the identification of poten-
tially responsible parties and before commencing set-
tlement negotiations under subsection (e), the Ad-
ministrator shall make available in the Waste Site
111
Information Office a list of potentially responsible
parties with respect to the facility.
‘‘(5) NOT FINAL AGENCY ACTION.—The identi-
fication of potentially responsible parties by the Ad-
ministrator under this subsection shall not constitute
final agency action for the purposes of chapter 7 of
title 5, United States Code and shall not be subject
to judicial review.
‘‘(e) SETTLEMENT NEGOTIATIONS.—
‘‘(1) IN GENERAL.—Unless, consistent with sec-
tion 122(a), the Administrator determines not to use
the negotiation procedures under this subsection (in
which case subsection (f) shall apply), the Adminis-
trator shall provide a period of negotiation under
section 122(e)(2) for each mandatory allocation be-
fore initiating an allocation process under subsection
(f).
‘‘(2) ORPHAN SHARE.—With respect to a re-
sponse action that would otherwise be the subject of
a mandatory allocation, if settling potentially respon-
sible parties agree to perform the response action
and agree to additional terms and conditions of set-
tlement that are acceptable to the United States, the
United States shall reimburse the settling parties, by
payment or otherwise, 100 percent of the orphan
112
share identified by the Administrator, subject to the
availability of funds pursuant to subsection (m).
‘‘(f) ALLOCATION PROCESS.—
‘‘(1) INITIATION.—At the timely request of any
potentially responsible party that has not resolved its
liability to the United States, and after the conclu-
sion of settlement negotiations if undertaken pursu-
ant to subsection (e), the Administrator shall initiate
an allocation process concerning a mandatory alloca-
tion in accordance with this subsection.
‘‘(2) EXCEPTION.—
‘‘(A) IN GENERAL.—An allocation process
under this subsection shall not be required if a
settlement is reached under subsection (e) that
resolves 70 percent or more of the total costs
of the remedial action that would be the subject
of the mandatory allocation (including the or-
phan share).
‘‘(B) NONSETTLING PARTY.—A potentially
responsible party that does not agree to a set-
tlement described in subparagraph (A) shall be
subject to post-settlement litigation under sub-
section (n).
‘‘(3) ALLOCATION PARTY.—For the purposes of
this subsection—
113
‘‘(A) except as provided in subparagraphs
(D) and (E), a potentially responsible party
that has not resolved its liability to the United
States before initiation of the allocation process
shall be considered to be an allocation party;
‘‘(B) a potentially responsible party that
has settled with the Administrator on an abil-
ity-to-pay basis shall be considered to be an al-
location party to the extent necessary to deter-
mine the orphan share;
‘‘(C) a person that is exempt from liability
under section 107 shall not be considered to be
an allocation party, except that a person that is
exempt from liability pursuant to the small
business exemption in section 107(s)(1) shall be
considered to be an allocation party to the ex-
tent necessary to determine the orphan share;
‘‘(D) a party that has received notification
under section 122(g)(6)(A) that it is eligible for
an expedited settlement under section 122(g)
with respect to all or part of its liability but
that has not resolved such liability in an expe-
dited settlement before initiation of the alloca-
tion process shall not be considered an alloca-
tion party with respect to such liability, unless
114
the Administrator determines that such party
has declined to accept a settlement with respect
to such liability consistent with section 122(g);
and
‘‘(E) a municipality that is eligible for a
settlement under section 107(u) shall not be
considered an allocation party with respect to
its liability for response costs under paragraph
(1) or (2) of section 107(a), unless the Admin-
istrator determines that such party has declined
to accept a settlement with respect to such li-
ability consistent with section 107(u).
‘‘(4) SELECTION OF THE ALLOCATOR.—
‘‘(A) IN GENERAL.—An allocator shall be
selected by the Administrator and the allocation
parties.
‘‘(B) 
SELECTION
BY
THE
ADMINIS-
TRATOR.—An allocator shall be selected by the
Administrator if the parties do not select an al-
locator within a reasonable time.
‘‘(C) PROCEDURE.—The Administrator is
authorized to use the simplified acquisition pro-
cedures provided for in section 303(g)(1)(A) of
the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253(g)(1)(A)) for
115
contracts for the expedited selection and reten-
tion of the allocator for services with a value
not exceeding $1,000,000 (including procedures
for establishing alternative conflict of interest
screening procedures and alternative sole source
contracting requirements).
‘‘(5) PARTICIPATION BY ADMINISTRATOR AND
ATTORNEY GENERAL.—
‘‘(A) REPRESENTATIVE OF THE FUND.—
The Administrator and the Attorney General
shall participate in the allocation process on be-
half of the United States and as representative
of the fund but shall not be an allocation party
except as provided in subparagraph (B).
‘‘(B) FEDERAL
POTENTIALLY
RESPON-
SIBLE
PARTIES.—Federal departments, agen-
cies, or instrumentalities, or their agents, that
are identified as potentially responsible parties
or allocation parties under this Act shall be
subject to, and be entitled to the benefits of, the
settlement negotiation and allocation processes
provided in this section to the same extent as
any other potentially responsible party.
‘‘(6) EQUITABLE FACTORS FOR ALLOCATION.—
The allocator shall prepare a nonbinding allocation
116
of estimated contribution shares for each allocation
party and the orphan share, based on the following
factors:
‘‘(A) The amount of hazardous substances
contributed by each allocation party.
‘‘(B) The degree of toxicity of hazardous
substances contributed by each allocation party.
‘‘(C) The mobility of hazardous substances
contributed by each allocation party.
‘‘(D) The degree of involvement of each al-
location party in the generation, transportation,
treatment, storage, or disposal of hazardous
substances.
‘‘(E) The degree of care exercised by each
allocation party with respect to hazardous sub-
stances, taking into account the characteristics
of the hazardous substances.
‘‘(F) The cooperation of each allocation
party in contributing to any response action
and in providing complete and timely informa-
tion to the United States or the allocator dur-
ing the allocation process.
‘‘(G) Such other equitable factors as the
allocator recommends, with the agreement of al-
location parties and the United States.
117
‘‘(7) ALLOCATOR’S REPORT.—
‘‘(A) ALLOCATION REPORT.—The allocator
shall provide a written final allocation report to
the Administrator, the Attorney General, and
each allocation party that specifies the esti-
mated contribution share of each allocation
party and of any orphan share.
‘‘(B) OPPORTUNITY FOR COMMENT.—Be-
fore issuing the final allocation report, the allo-
cator shall give each allocation party and the
United States a reasonable opportunity to com-
ment on a draft allocation report.
‘‘(C) ADMISSIBILITY OF ALLOCATION RE-
PORT.—
‘‘(i) IN GENERAL.—No draft or final
allocation report shall be admissible in any
court for any purpose except as provided in
clause (ii).
‘‘(ii) ADMISSION IN SUPPORT OF SET-
TLEMENT.—The final allocator’s report,
subject to the rules and discretion of the
court, may be admitted into evidence solely
for the purpose of supporting a settlement
between the United States and an alloca-
tion party.
118
‘‘(8) COSTS.—The Administrator may require
potentially responsible parties that did not enter into
a settlement under subsection (e) to pay the costs of
the allocation process.
‘‘(9) JUDICIAL REVIEW.—A determination, act,
or failure to act by the Administrator or the allo-
cator for the purposes of this subsection shall not be
subject to judicial review, except in an action regard-
ing the contract for allocation services.
‘‘(10) ADMINISTRATIVE ORDERS.—Neither the
conduct nor the results of an allocation shall con-
stitute sufficient cause for noncompliance with an
order issued under section 106.
‘‘(g) USE OF ALLOCATORS.—
‘‘(1) ALLOCATION INFORMATION.—
‘‘(A) CONFIDENTIALITY.—All documents
and materials submitted to the allocator, to-
gether with the record of any information gen-
erated or obtained during the allocation proc-
ess, shall be confidential. The allocator, each al-
location party, the Administrator, and the At-
torney General shall maintain such documents
and materials, together with the record of any
information generated or obtained during the
allocation process, as confidential and are pro-
121
ized committee thereof, except as may be re-
quired by court order.
‘‘(E) CIVIL PENALTY.—
‘‘(i) PENALTY.—Any person that fails
to maintain the confidentiality of, or that
discloses to anyone other than a partici-
pant in the allocation process, a statement,
document, or information in violation of
this section, shall be subject to a civil pen-
alty of up to $25,000 for each disclosure.
‘‘(ii) CIVIL ACTION.—A civil penalty
may be sought in a civil action initiated by
the Attorney General on behalf of the
United States.
‘‘(iii) OTHER REMEDIES.—Clause (ii)
has no effect on the right of an allocation
party to seek relief for a failure to main-
tain confidentiality under any other law.
‘‘(F) RIGHT OF CONGRESS TO INFORMA-
TION.—Nothing in this section shall be con-
strued to authorize any person, including the
allocator, to withhold any documents or infor-
mation from Congress, acting through any duly
authorized Committee thereof, or limit in any
manner the right of Congress, acting through
122
any duly authorized Committee thereof, to ob-
tain such documents or information. Any per-
son disclosing such documents or information to
Congress shall notify the person who produced
such documents or information of the fact of
such disclosure pursuant to subparagraph (D).
‘‘(2) NO
RESTRICTION
OF
ALLOCATOR’S
DIS-
CRETION.—The Administrator shall not establish
any procedure that restricts the allocator’s discretion
in assigning estimated contribution shares and the
orphan share under this section.
‘‘(3) INFORMATION GATHERING.—
‘‘(A) IN
GENERAL.—The allocator may
gather information in addition to that gathered
by the Administrator during the process of
identifying potentially responsible parties under
subsection (d) as is necessary to conduct a fair
and impartial allocation.
‘‘(B) AUTHORITIES.—(i) In carrying out
subparagraph (A), the allocator may—
‘‘(I) exercise the information gather-
ing authority of the President under sec-
tion 104(e)(2) or 122(e)(3)(B); and
‘‘(II) enforce any information request
or subpoena issued by the allocator only
123
through a request to the Attorney General
to enforce such request or subpoena pursu-
ant to subparagraph (A).
‘‘(ii) The Attorney General’s authority to
seek civil or criminal penalties for failure to
comply with information requests or subpoenas
issued by the President under the authority re-
ferred to in clause (i)(I) shall also apply to in-
formation requests or subpoenas issued by the
allocator. The Attorney General’s decision not
to seek penalties for failure to comply with any
information request or subpoena issued by the
allocator pursuant to subparagraph (A) shall
not be subject to judicial review.
‘‘(h) REJECTION OF ALLOCATION REPORT.—The Ad-
ministrator and the Attorney General may jointly reject
a final allocation report issued by an allocator only if they
jointly determine that—
‘‘(1) the final allocation report does not provide
a basis for a settlement that would be fair, reason-
able, and consistent with the objectives of this Act;
or
‘‘(2) the allocation process was affected by bias,
substantial procedural error, fraud, or unlawful con-
duct.
124
‘‘(i) SECOND AND SUBSEQUENT ALLOCATION PROC-
ESSES.—
‘‘(1) SECOND ALLOCATION PROCESS.—If a final
allocation report is rejected under subsection (h), a
new allocation shall be performed on an expedited
basis, with an allocator issuing a second allocation
report, based to the extent appropriate on the record
created in the first allocation process.
‘‘(2) SUBSEQUENT ALLOCATOR PROCESS.—If a
second allocation report is rejected under subsection
(h), subsequent allocation processes may be provided
at the discretion of the Administrator.
‘‘(3) NEW
ALLOCATOR.—The Administrator
and the allocation parties may select a new allocator
to conduct a second or subsequent allocation process
under this subsection.
‘‘(j) SETTLEMENTS BASED ON ALLOCATIONS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if—
‘‘(A) not later than 30 days after issuance
of the final allocation report, an allocation
party—
‘‘(i) makes a written offer to settle
with respect to the response action based
125
on the estimated contribution share speci-
fied by the allocator; and
‘‘(ii) agrees to additional terms and
conditions that are acceptable to the Presi-
dent;
‘‘(B) the allocation party is not in default
on any information request under this Act; and
‘‘(C) the Administrator and the Attorney
General have not rejected the final allocation
report under subsection (h);
the Administrator and Attorney General shall offer
a settlement to such allocation party consistent with
paragraph (2).
‘‘(2) PROVISIONS OF SETTLEMENTS.—
‘‘(A) IN GENERAL.—A settlement based on
an allocation under this section—
‘‘(i) shall provide the Administrator
with authority to require that any alloca-
tion party or group of allocation parties
perform a response action; and
‘‘(ii) shall include—
‘‘(I) a provision under which the
United States shall provide, by reim-
bursement or otherwise, subject to
availability of funds pursuant to sub-
126
section (m), 100 percent of the esti-
mated contribution share assigned to
the orphan share, as determined by
the allocator in the final allocation re-
port;
‘‘(II) a waiver of claims against
the Fund for reimbursement, except
as provided in subsection (k);
‘‘(III) a waiver of contribution
claims against all persons that are
parties to the settlement;
‘‘(IV) a covenant not to sue that
is consistent with section 122(f) and
except in the case of a cashout settle-
ment, a provision regarding perform-
ance or adequate assurance of per-
formance of the response action;
‘‘(V) in a settlement in which the
United States is funding the esti-
mated contribution share of nonset-
tling parties, a litigation risk premium
calculated by the Administrator on a
facility-specific basis that reflects the
risk to the United States of not col-
lecting unrecovered response costs for
127
the response action or a pro rata
share of such response costs;
‘‘(VI) protection from all claims
for contribution regarding the matters
addressed in the settlement;
‘‘(VII) provisions through which
a settling party shall waive the set-
tling party’s right to challenge the
remedy addressed by the settlement;
and
‘‘(VIII) provisions through which
a settling party shall waive any chal-
lenge to any settlement the Adminis-
trator or Attorney General enters into
with any other potentially responsible
party at the facility.
‘‘(B) LITIGATION
RISK
PREMIUM.—The
Administrator shall by regulation develop a
method for calculating a litigation risk pre-
mium. The regulation shall be based on an ad-
ministrative record reflecting actual experience
regarding the litigation risk faced by the United
States in proceeding against nonsettling parties.
Any litigation risk premium collected pursuant
to subparagraph (A)(ii)(V) shall not reduce the
128
liability of nonsettling parties pursuant to sec-
tion 113(f)(2).
‘‘(k) REIMBURSEMENT.—
‘‘(1) IN
GENERAL.—Reimbursement by the
United States, by payment or otherwise, to eligible
settling parties for expenses that the settling parties
incur in connection with a settlement negotiated
under subsection (e), or for expenses that the set-
tling parties incur in connection with a post-alloca-
tion settlement under subsection (f), shall not be
contingent on recovery by the United States of a re-
sponse cost from any other person but is subject to
the availability of funds pursuant to subsection (m).
‘‘(2) TIMING.—
‘‘(A) IN GENERAL.—To the extent that the
United States provides reimbursement by pay-
ment, reimbursement under paragraph (1) shall
be made during the course of the response ac-
tion that is the subject of the allocation, using
reasonable progress payments at significant
milestones set forth in the settlement agree-
ment.
‘‘(B) 
CONSTRUCTION.—Complete 
reim-
bursement for construction—
129
‘‘(i) shall be paid not later than 120
days after the date of completion of the
construction; or
‘‘(ii) if construction takes longer than
1 year to complete, shall be made in appro-
priate periodic payments.
‘‘(3) EQUITABLE OFFSET.—A reimbursement to
settling parties under paragraph (1) shall be subject
to equitable offset or recovery by the Administrator
at any time if the settling parties fail to perform the
work in a proper and timely manner.
‘‘(4) FINANCIAL
CONTROLS
ON
REIMBURSE-
MENT.—The Administrator shall require all claims
for reimbursement under paragraph (1) to be sup-
ported by—
‘‘(A) documentation of actual costs in-
curred; and
‘‘(B) sufficient information to enable the
Administrator to determine whether the costs
were reasonable, necessary, and consistent with
the National Contingency Plan.
‘‘(5) AUDITS.—The Administrator may require
independent auditing of any claim for reimburse-
ment under paragraph (1), and may require other
information to support the audit.
130
‘‘(l) REGULATIONS.—The Administrator shall pro-
mulgate regulations for the purpose of implementing this
section, including regulations regarding—
‘‘(1) procedures to minimize the cost of the al-
location;
‘‘(2) procedures and timeframes for potentially
responsible parties to request an allocation pursuant
to subsection (f)(1);
‘‘(3) the establishment and maintenance of an
information repository by the allocator;
‘‘(4) simplified acquisition procedures for the
expedited selection and retention by contract of the
allocator;
‘‘(5) procedures for the allocator to request the
Attorney General to enforce information requests or
subpoenas issued pursuant to paragraph (3) of sub-
section (g); and
‘‘(6) procedures for independent auditing of
claims for reimbursement.
‘‘(m) MANDATORY FUNDING.—
‘‘(1) AMOUNTS.—Subject to paragraph (5), for
the purpose of funding orphan share contributions
and other reimbursable amounts, as authorized by
this section, there is hereby made available for obli-
131
gation from amounts in the Hazardous Substances
Superfund—
‘‘(A) for fiscal year 1999, $200,000,000;
‘‘(B) for fiscal year 2000, $200,000,000;
‘‘(C) for fiscal year 2001, $200,000,000;
‘‘(D) for fiscal year 2002, $200,000,000;
and
‘‘(E) for fiscal year 2003, $200,000,000.
‘‘(2) AVAILABILITY OF FUNDS.—The amounts
in paragraph (1) shall remain available for obliga-
tion until expended.
‘‘(3) EFFECT ON CERTAIN AUTHORITY.—Noth-
ing in this subsection affects the authority of the
Administrator to forego recovery of past costs.
‘‘(4) 
UNAVAILABILITY
OF
FISCAL
YEAR
FUNDS.—Except in fiscal year 1999, if the amounts
in paragraph (1) available in a fiscal year have been
obligated, then up to one-half the amounts in para-
graph (1) available for the next fiscal year may be
obligated.
‘‘(5) 
CONDITION
ON
AVAILABILITY.—An
amount listed in paragraph (1) may be made avail-
able for obligation in a fiscal year only if the total
amount appropriated for such fiscal year under sec-
tion 111(a) equals or exceeds $1,500,000,000, or, in
132
the case of fiscal year 1999, equals or exceeds
$2,150,000,000.
‘‘(n) POST-SETTLEMENT LITIGATION.—
‘‘(1) IN GENERAL.—On the expiration of the
moratorium period under subsection (c), the Attor-
ney General may commence an action against any
potentially responsible party that has not resolved its
liability to the United States under subsection (e), or
any allocation party that has not resolved its liability
under subsection (f).
‘‘(2) RECOVERY.—In any action under para-
graph (1), a nonsettling party shall be subject to
strict, joint, and several liability for response costs
not recovered through settlements with other per-
sons, including the cost of any federally funded or-
phan share and any federally funded share of non-
settling parties, but not including any estimated con-
tribution shares allocated to Federal agencies, de-
partments, or instrumentalities.
‘‘(3) IMPLEADER.—A defendant in an action
under paragraph (1) may implead an allocation
party only if the allocation party has not resolved its
liability to the United States.
‘‘(4) RESPONSE
COSTS.—The cost of imple-
menting the allocation process under this section, in-
133
cluding fees and expenses of the allocator, shall be
considered to be a response cost.
‘‘(5) SETTLEMENT OFFERS AFTER COMMENCE-
MENT OF LITIGATION.—This section shall not apply
to any offer of settlement made after expiration of
the moratorium period under subsection (c).
‘‘(o) RETAINED AUTHORITY.—
‘‘(1) IN GENERAL.—Except as specifically pro-
vided in this section, nothing in this section limits
the power of the President to exercise the powers
conferred by this Act.
‘‘(2) SPECIFIC AUTHORITIES.—Notwithstanding
the provisions of this section, the President may—
‘‘(A) file a proof of claim or take other ac-
tion in a proceeding under title 11, United
States Code;
‘‘(B) require performance of a response ac-
tion at a facility subject to a mandatory alloca-
tion during the conduct of the allocation proc-
ess; or
‘‘(C) file any actions necessary to prevent
dissipation of the assets of a potentially respon-
sible party.
‘‘(3) PRINCIPLES
OF
LIABILITY.—The proce-
dures established under this section shall not be con-
134
strued to modify or affect the principles of retro-
active, strict, joint, and several liability.
‘‘(4) NATURAL RESOURCE DAMAGES.—Nothing
in this section applies to or affects claims for dam-
ages to natural resources, nor shall costs associated
with claims for natural resource damages be subject
to allocation under this section.
‘‘(p) REPRESENTATION OF THE UNITED STATES.—
The Administrator and the Attorney General shall be enti-
tled to review all documents related to, and participate in
any phase of, the settlement negotiation or allocation proc-
ess, consistent with subsection (g)(1).
‘‘(q) ANNUAL REPORT.—The Administrator shall re-
port annually to Congress on funds obligated or otherwise
made available to address orphan shares and shares of
nonsettling parties in support of settlement activities
under this section.’’.
SEC. 209. ENHANCEMENT OF SETTLEMENT AUTHORITIES.
Section 122 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9622) is amended as follows:
(1)(A) The section is amended by transferring
paragraph (6) of subsection (e) to the end of the
section and redesignating such paragraph as sub-
section (o).
135
(B) Such subsection (o) (as so transferred and
redesignated) is amended—
(i) by striking ‘‘INCONSISTENT RESPONSE
ACTION’’ and inserting ‘‘INCONSISTENT RE-
SPONSE ACTION’’;
(ii) by striking ‘‘remedial action’’ both
places it appears and inserting ‘‘response ac-
tion’’; and
(iii) by inserting ‘‘or the State under appli-
cable law’’ before the period at the end.
(2) Such section is amended—
(A) in subsection (b), by striking para-
graph (3) and redesignating paragraph (4) as
paragraph (3); and
(B) by adding at the end the following new
subsections:
‘‘(p) RETENTION OF FUNDS.—If, as part of any set-
tlement agreement under this Act, a potentially respon-
sible party will be paying amounts to the President for
carrying out any response action, the President may retain
such amounts in interest bearing accounts, and use such
amounts, together with accrued interest, to conduct or en-
able other persons to conduct such response action.
‘‘(q) UNSUCCESSFUL CHALLENGERS LIABLE
FOR
ATTORNEY’S FEES.—Any party who challenges any settle-
136
ment entered into between the President and any poten-
tially responsible party under this Act, and who is not suc-
cessful in overturning or modifying the settlement, shall
be liable to the United States and any settling party for
all reasonable attorneys’ fees and costs incurred in defend-
ing the settlement.’’.
(3) Subsection (g) is amended in the second
sentence of paragraph (4) by striking ‘‘$500,000’’
and inserting ‘‘$2,000,000’’.
(4) Subsection (h) is amended—
(A) by striking the subsection heading and
inserting 
the 
following: 
‘‘AUTHORITY
TO
SETTLE CLAIMS FOR FINES, CIVIL PENALTIES,
PUNITIVE
DAMAGES, 
AND
COST
RECOVERY.—’’;
(B) in paragraph (1)—
(i) in the first sentence, by striking
‘‘costs incurred’’ and inserting ‘‘past costs
incurred and future costs that may be in-
curred’’;
(ii) by inserting after the first sen-
tence the following new sentences: ‘‘The
head of any department or agency with the
authority to seek fines, civil penalties, or
punitive damages under this Act may con-
137
sider, compromise, and settle a claim for
any such fines, civil penalties, or punitive
damages that may otherwise be assessed in
civil administrative or judicial proceedings
if the claim has not been referred to the
Department of Justice for further action.
If the total claim for fines, civil penalties,
or punitive damages exceeds $300,000,
such claim may be compromised and set-
tled only with the prior written approval of
the Attorney General.’’; and
(iii) in the last sentence, by striking
‘‘$500,000 (excluding interest), any claim
referred to in the preceding sentence’’ and
inserting ‘‘$2,000,000 (excluding interest),
any claim for response costs referred to in
this subsection’’; and
(C) 
in 
paragraph 
(2), 
by 
striking
‘‘$500,000 (excluding interest)’’ and inserting
‘‘$2,000,000 (excluding interest)’’.
SEC. 210. RECYCLING TRANSACTIONS.
Title I of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) is amended by adding after section
128 the following new section:
138
‘‘SEC. 129. RECYCLING TRANSACTIONS.
‘‘(a) LIABILITY CLARIFICATION.—As provided in
subsections (b), (c), (d), and (e), a person who arranged
for recycling of recyclable material shall not be liable
under section 107(a)(3) or 107(a)(4) with respect to the
material.
‘‘(b) RECYCLABLE MATERIAL DEFINED.—For pur-
poses of this section, the term ‘recyclable material’ means
scrap paper, scrap plastic, scrap glass, scrap textiles,
scrap rubber (other than whole tires), scrap metal, or
spent lead-acid, spent nickel-cadmium, and other spent
batteries, as well as minor amounts of material incident
to or adhering to the scrap material as a result of its nor-
mal and customary use prior to becoming scrap.
‘‘(c) TRANSACTIONS
INVOLVING
SCRAP
PAPER,
PLASTIC, GLASS, TEXTILES, OR RUBBER.—Transactions
involving scrap paper, scrap plastic, scrap glass, scrap tex-
tiles, or scrap rubber (other than whole tires) shall be
deemed to be arranging for recycling if the person who
arranged for the transaction (by selling recyclable material
or otherwise arranging for the recycling of recyclable ma-
terial) can demonstrate by a preponderance of the evi-
dence that all of the following criteria were met at the
time of the transaction:
‘‘(1) The recyclable material met a commercial
specification grade.
139
‘‘(2) A market existed for the recyclable mate-
rial.
‘‘(3) A substantial portion of the recyclable ma-
terial was made available for use as a feedstock for
the manufacture of a new saleable product.
‘‘(4) The recyclable material could have been a
replacement or substitute for a virgin raw material,
or the product to be made from the recyclable mate-
rial could have been a replacement or substitute for
a product made, in whole or in part, from a virgin
raw material.
‘‘(5) For transactions occurring 90 days or
more after the date of enactment of this section, the
person exercised reasonable care to determine that
the facility where the recyclable material was han-
dled, processed, reclaimed, or otherwise managed by
another person (hereinafter in this section referred
to as a ‘consuming facility’) was in compliance with
substantive (not procedural or administrative) provi-
sions of any Federal, State, or local environmental
law or regulation, or compliance order or decree
issued pursuant thereto, applicable to the handling,
processing, reclamation, storage, or other manage-
ment activities associated with recyclable material.
141
with the recyclable materials shall be deemed to
be a substantive provision.
‘‘(d) TRANSACTIONS INVOLVING SCRAP METAL.—
‘‘(1) Transactions involving scrap metal shall be
deemed to be arranging for recycling if the person
who arranged for the transaction (by selling recycla-
ble material or otherwise arranging for the recycling
of recyclable material) can demonstrate by a prepon-
derance of the evidence that at the time of the
transaction—
‘‘(A) the person met the criteria set forth
in subsection (c) with respect to the scrap
metal;
‘‘(B) the person was in compliance with
any applicable regulations or standards regard-
ing the storage, transport, management, or
other activities associated with the recycling of
scrap metal that the Administrator promulgates
under the Solid Waste Disposal Act subsequent
to the enactment of this section and with re-
gard to transactions occurring after the effec-
tive date of such regulations or standards; and
‘‘(C) the person did not melt the scrap
metal prior to the transaction.
142
‘‘(2) For purposes of paragraph (1)(C), melting
of scrap metal does not include the thermal separa-
tion of 2 or more materials due to differences in
their melting points (referred to as ‘sweating’).
‘‘(3) For the purposes of this subsection, the
term ‘scrap metal’ means bits and pieces of metal
parts (e.g., bars, turnings, rods, sheets, wire) or
metal pieces that may be combined with bolts or sol-
dering (e.g., radiators, scrap automobiles, railroad
box cars), which when worn or superfluous can be
recycled, except for scrap metals that the Adminis-
trator excludes from this definition by regulation
and steel shipping containers of a capacity from 30
liters to and including 3,000 liters, whether intact or
not, having any hazardous substance (but not metal
bits or pieces) contained in or adhering thereto.
‘‘(e) 
TRANSACTIONS
INVOLVING
BATTERIES.—
Transactions involving spent lead-acid batteries, spent
nickel-cadmium batteries, or other spent batteries shall be
deemed to be arranging for recycling if the person who
arranged for the transaction (by selling recyclable material
or otherwise arranging for the recycling of recyclable ma-
terial) can demonstrate by a preponderance of the evi-
dence that at the time of the transaction—
143
‘‘(1) the person met the criteria set forth in
subsection (c) with respect to the spent lead-acid
batteries, spent nickel-cadmium batteries, or other
spent batteries;
‘‘(2) the person did not recover the valuable
components of such batteries; and
‘‘(3)(A) with respect to transactions involving
lead-acid batteries, the person was in compliance
with applicable Federal environmental regulations or
standards, and any amendments thereto, regarding
the storage, transport, management, or other activi-
ties associated with the recycling of spent lead-acid
batteries; and
‘‘(B) with respect to transactions involving
nickel-cadmium, or other batteries, Federal environ-
mental regulations or standards are in effect regard-
ing the storage, transport, management, or other ac-
tivities associated with the recycling of spent nickel-
cadmium or other batteries, and the person was in
compliance with applicable regulations or standards
or any amendments thereto.
‘‘(f) EXCLUSIONS.—
‘‘(1) The exemptions set forth in subsections
(c), (d), and (e) shall not apply if—
144
‘‘(A) the person had an objectively reason-
able basis to believe at the time of the recycling
transaction—
‘‘(i) that the recyclable material would
not be recycled;
‘‘(ii) that the recyclable material
would be burned as fuel, or for energy re-
covery or incineration; or
‘‘(iii) for transactions occurring before
90 days after the date of the enactment of
this section, that the consuming facility
was not in compliance with a substantive
(not procedural or administrative) provi-
sion of any Federal, State, or local envi-
ronmental law, or regulation, or compli-
ance order or decree issued pursuant
thereto, applicable to the handling, proc-
essing, reclamation, or other management
activities associated with the recyclable
material;
‘‘(B) the person had reason to believe that
hazardous substances had been added to the re-
cyclable material for purposes other than proc-
essing for recycling; or
145
‘‘(C) the person failed to exercise reason-
able care, including adhering to customary in-
dustry practices, with respect to the manage-
ment and handling of the recyclable material.
‘‘(2) For purposes of this subsection, an objec-
tively reasonable basis for belief shall be determined
using criteria that include (but are not limited to)
the size of the person’s business, customary industry
practices, the price paid in the recycling transaction,
and the ability of the person to detect the nature of
the consuming facility’s operations concerning its
handling, processing, reclamation, or other manage-
ment activities associated with the recyclable mate-
rial.
‘‘(3) For purposes of this subsection, a require-
ment to obtain a permit applicable to the handling,
processing, reclamation, or other management activi-
ties associated with recyclable material shall be
deemed to be a substantive provision.
‘‘(g) EFFECT
ON OTHER LIABILITY.—Nothing in
this section shall be deemed to affect the liability of a per-
son under paragraph (1) or (2) of section 107(a). Nothing
in this section shall be deemed to affect the liability of
a person under paragraph (3) or (4) of section 107(a) with
146
respect to materials that are not recyclable materials as
defined in subsection (b) of this section.
‘‘(h) EXCLUSIONS.—An exemption under this section
does not apply if the recyclable material—
‘‘(1) contained polychlorinated biphenyls in ex-
cess of 50 parts per million or any new standard
promulgated pursuant to applicable Federal laws; or
‘‘(2) is an item of scrap paper, and the item ei-
ther contained at the time of the recycling trans-
action a hazardous substance that has been deter-
mined by the Administrator, pursuant to this section
and after notice and comment, to present a signifi-
cant risk to human health and the environment, or
contained hazardous substances at a concentration
at or higher than that determined by the Adminis-
trator to present such a significant risk.
‘‘(i) REGULATIONS.—The Administrator has the au-
thority, under section 115, to promulgate regulations con-
cerning this section.
‘‘(j) EFFECT
ON PENDING
OR CONCLUDED AC-
TIONS.—The exemptions provided in this section shall not
affect any concluded judicial or administrative action or
any pending judicial action initiated by the United States
prior to enactment of this section.
147
‘‘(k) LIABILITY FOR ATTORNEY’S FEES FOR CER-
TAIN ACTIONS.—Any person who commences an action in
contribution against a person who is not liable by oper-
ation of this section shall be liable to that person for all
reasonable costs of defending that action, including all
reasonable attorney’s and expert witness fees.
‘‘(l) RELATIONSHIP TO LIABILITY UNDER OTHER
LAWS.—Nothing in this section shall affect—
‘‘(1) a person’s liability under any other Fed-
eral, State, or local statute or regulation promul-
gated pursuant to any such statute, including any
requirements promulgated by the Administrator
under the Solid Waste Disposal Act; or
‘‘(2) the ability of the Administrator to promul-
gate regulations under any other statute, including
the Solid Waste Disposal Act.’’.
SEC. 211. DEFINITIONS.
(a) RELIGIOUS, CHARITABLE, SCIENTIFIC, OR EDU-
CATIONAL ORGANIZATION.—Section 101(20) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(20)) is amended
by adding at the end the following new subparagraph:
‘‘(H) RELIGIOUS, CHARITABLE, SCIENTIFIC, OR
EDUCATIONAL
ORGANIZATION.—Subject to section
107(t), the term ‘owner or operator’ includes an or-
148
ganization described in section 501(c)(3) of the In-
ternal Revenue Code of 1986, that is organized and
operated exclusively for religious, charitable, sci-
entific, or education purposes, and that holds title to
a vessel or facility.’’.
(b) ADDITIONAL DEFINITIONS.—Section 101 of such
Act (42 U.S.C. 9601) is further amended by adding at
the end the following new paragraphs:
‘‘(39) MUNICIPAL
SOLID
WASTE.—(A) The
term ‘municipal solid waste’ means all waste mate-
rials generated by households, including single and
multifamily residences, and hotels and motels. The
term also includes waste materials generated by
commercial, institutional, or industrial sources, to
the extent such wastes—
‘‘(i) are essentially the same as waste nor-
mally generated by households; or
‘‘(ii) are collected and disposed of with
other municipal solid waste or sewage sludge as
part of normal municipal solid waste collection
services, and, with respect to each source from
which the waste materials were collected, quali-
fies for the de micromis exemption set forth in
section 107(s)(2).
149
‘‘(B) Examples of municipal solid waste include
food and yard waste, paper, clothing, appliances,
consumer product packaging, disposable diapers, of-
fice supplies, cosmetics, glass and metal food con-
tainers, elementary or secondary school science lab-
oratory waste, and household hazardous waste. The
term does not include combustion ash generated by
resource recovery facilities or municipal incinerators,
or waste from manufacturing or processing (includ-
ing pollution control) operations not essentially the
same as waste normally generated by households.
‘‘(40) MUNICIPALITY.—The term ‘municipality’
means a political subdivision of a State, including a
city, county, village, town, township, borough, par-
ish, school, school district, sanitation district, water
district, or other public entity performing local gov-
ernmental functions. The term also includes a natu-
ral person acting in the capacity of an official, em-
ployee, or agent of any entity referred to in the pre-
ceding sentence in the performance of governmental
functions.
‘‘(41) OWNER, OPERATOR, OR LESSEE OF RESI-
DENTIAL PROPERTY.—The term ‘owner, operator, or
lessee of residential property’ means a person who
owns, operates, manages, or leases residential prop-
150
erty and who uses or allows the use of the residen-
tial property exclusively for residential purposes. The
term ‘residential property’ means single or multifam-
ily residences, including accessory land, buildings, or
improvements incidental to such dwellings, that are
exclusively for residential use.
‘‘(42) QUALIFIED
HOUSEHOLD
HAZARDOUS
WASTE COLLECTION PROGRAM.—The term ‘qualified
household hazardous waste collection program’
means a program established by an entity of the
Federal Government, a State, a municipality, or an
Indian tribe that provides, at a minimum, for annual
collection of household hazardous wastes at acces-
sible, well-publicized collection points.
‘‘(43) SMALL NONPROFIT ORGANIZATION.—The
term ‘small nonprofit organization’ means any orga-
nization that, at the time of disposal, did not distrib-
ute any part of its income or profit to its members,
directors, or officers, employed no more than 40
paid individuals at the chapter, office, or depart-
ment, and was an organization described in section
501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such
Code.
151
‘‘(44) SEWAGE
SLUDGE.—The term ‘sewage
sludge’ means solid, semisolid, or liquid residue re-
moved during the treatment of municipal waste
water, domestic sewage, or other waste water at or
by publicly owned or federally owned treatment
works.’’.
(c) MISCELLANEOUS
AMENDMENTS
TO
DEFINI-
TIONS.—Section 101 of such Act (42 U.S.C. 9601) is fur-
ther amended as follows:
(1) Section 101(10)(H) is amended by striking
‘‘subject to’’ and inserting ‘‘in compliance with’’.
(2) Section 101(23) is amended—
(A) in the first sentence—
(i) by striking ‘‘terms’’ and inserting
‘‘term’’;
(ii) by striking ‘‘necessary taken’’ and
inserting ‘‘necessary to take’’; and
(iii) by inserting after ‘‘environment,
such actions’’ the following: ‘‘environment,
such actions or combination of such ac-
tions’’; and
(B) in the second sentence—
(i) by striking ‘‘section 104(b) of this
Act, and’’ and inserting the following:
‘‘section 104(b) of this Act (including re-
152
medial investigations, feasibility studies,
and remedial design work),’’; and
(ii) by inserting before the period at
the end the following: ‘‘, or any combina-
tion of the activities described in this sen-
tence’’.
(3) Section 101(25) is amended—
(A) by striking ‘‘terms’’ and inserting
‘‘term’’;
(B) by striking ‘‘remedial action;, all’’ and
inserting ‘‘remedial action. All’’; and
(C) by striking ‘‘related thereto.’’ and in-
serting ‘‘(including attorneys’ fees and expert
witness fees) and oversight activities related
thereto when such activities are undertaken by
the President, a State, or an Indian tribe.’’.
(4) Section 101(29) is amended by striking the
period and inserting the following: ‘‘, except that the
term ‘hazardous substances’ shall be substituted for
the term ‘hazardous waste’ in the definitions of ‘dis-
posal’ and ‘treatment’.’’.
153
TITLE III—REMEDY
SEC. 301. 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 adding after the first sentence the fol-
lowing: ‘‘The preference shall be implemented in ac-
cordance with guidance published by the Adminis-
trator pertaining to principal threat and low level
threat wastes.’’;
(B) by striking ‘‘The President shall conduct an
assessment’’ and all that follows through ‘‘resource
recovery technologies to the maximum extent prac-
ticable.’’ and inserting the following: ‘‘The President
shall select a remedial action that is protective of
human health and the environment, that is cost ef-
fective, and that assures long-term reliability of pro-
tection of human health and the environment. To
the maximum extent practicable, a remedial action
selected by the President shall make contaminated
land available for beneficial use, and return contami-
nated ground water and surface water to beneficial
use in a period of time that is reasonable under the
154
circumstances of the release. A remedial action shall
protect uncontaminated ground water and surface
water unless (A) technically infeasible, or (B) limited
migration of contamination is necessary to facilitate
restoration of ground water to beneficial use.’’.
(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 follow-
ing:
‘‘(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 factors:
‘‘(A) The effectiveness of the remedy in protect-
ing human health and the environment, including
consideration of children and other highly exposed or
highly susceptible subpopulations.
‘‘(B) The reliability of the remedy in maintain-
ing protection of human health and the environment
over the long term, considering the preference for
treatment set forth in the first sentence of para-
graph (1).
‘‘(C) Any short-term risk posed by the imple-
mentation of the remedy to the community, to those
155
engaged in the cleanup effort, and to the environ-
ment.
‘‘(D) The implementability of the remedy.
‘‘(E) The acceptability of the remedy to the
community.
‘‘(F) The cost of the remedy, including the total
short-term and long-term costs and the costs of op-
eration and maintenance for the entire period during
which operation and maintenance will be required.
‘‘(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 18 U.S.C. 1151).’’.
(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 and
compliance with any institutional controls related to the
remedial action during the review. Such review shall in-
156
clude, at a minimum, an evaluation of the technical suffi-
ciency and legal efficacy of such controls.’’.
(c) AMENDMENTS RELATING TO DEGREE OF CLEAN-
UP.—Section 121 of such Act is amended as follows:
(1) Subsection (d)(1) is amended by striking
the last sentence.
(2) Subsection (d)(2)(A) is amended as follows:
(A) By striking ‘‘or is relevant and appro-
priate under the circumstances of the release or
threatened release of such hazardous substance
or pollutant or contaminant’’.
(B) By inserting after ‘‘is legally applica-
ble’’ the following: ‘‘to the conduct or operation
of the remedial action or’’.
(C) By striking ‘‘or relevant and appro-
priate’’.
(D) By inserting the following before the
last sentence: ‘‘In the case of contaminated
ground water or surface water which may be
used for drinking water, such remedial action
shall require a level or standard of control
which at least attains the maximum contami-
nant levels or non-zero maximum contaminant
level goals established under the Safe Drinking
157
Water Act for the hazardous substances or pol-
lutants or contaminants concerned.’’.
(E) In the last sentence—
(i) by inserting ‘‘also’’ after ‘‘shall’’;
(ii) by striking ‘‘Maximum Contami-
nant Level Goals established under the
Safe Drinking Water Act and’’; and
(iii) by striking ‘‘goals or’’.
(F) By inserting ‘‘or Tribal’’ after ‘‘a
State’’ and after ‘‘such State’’ and by inserting
‘‘or Tribe’’ after ‘‘the State’’.
(3) Subsection (d)(2) 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—
158
‘‘(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 are 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 levels or non-zero 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 standards of control
that are protective of human health and the environ-
ment.’’.
(4) Subsection (d)(2)(D) (as redesignated by
paragraph (3)) is amended by striking clause (iv).
(5) Subsection (d)(4) is amended—
159
(A) by redesignating subparagraphs (A),
(B), (C), (D), (E), and (F) as clauses (i), (ii),
(iii), (iv), (v), and (vi), respectively;
(B) by capitalizing the first word in each
of those clauses (as so redesignated);
(C) by striking the semicolon and inserting
a period at the end of each of clauses (i), (ii),
(iii), and (iv) (as so redesignated);
(D) by striking ‘‘; or’’ at the end of clause
(v) (as so redesignated) and inserting a period;
(E) by striking ‘‘President finds that—’’
and inserting ‘‘President finds any of the fol-
lowing:’’;
(F) in clause (iii) (as so redesignated) by
adding at the end the following: ‘‘Findings of
technical impracticability from an engineering
perspective may be based on engineering fea-
sibility and reliability or inordinate costs and
may be made as soon as adequate and reliable
information is available to make the finding.’’;
(G) by inserting ‘‘(A)’’ before ‘‘The Presi-
dent may select’’;
(H) by designating the text following
clause (vi) as subparagraph (B); and
160
(I) by adding at the end the following new
subparagraph:
‘‘(C) In any case where the President, in making a
finding of technical impracticability pursuant to clause
(iii) of subparagraph (A), waives any requirement, stand-
ard, criteria, or limitation specified under paragraph
(2)(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
(2)(A) including, as appropriate, the provision of an
alternate water supply.
‘‘(ii) Assurance that source areas that may con-
tinue to release hazardous substances, pollutants, or
contaminants to ground or surface waters shall be
contained to the extent technically feasible. Treat-
ment shall be required to reduce the mass or hazard
of residual contamination unless technically imprac-
ticable from an engineering perspective.
‘‘(iii) Unless technically impracticable from an
engineering perspective—
161
‘‘(I) prevention of impairment of any sur-
face water designated use established under sec-
tion 303 of the Federal Water Pollution Control
Act caused by such hazardous substance, pollut-
ant, or contaminant in any surface water body
into which such contaminated ground water is
known or expected to enter; and
‘‘(II) prevention of any further impairment
of an already-impaired surface water designated
use.
‘‘(iv) Assurance that, unless technically infeasi-
ble, ground water contamination shall be contained,
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 (including any information needed for
the purposes of review under section 121(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 and point-of-use treatment, the party or par-
ties otherwise responsible for remediation shall as-
sume responsibility and liability for providing drink-
ing water meeting the requirements of levels speci-
162
fied in paragraph (2)(A), including all associated in-
cremental costs for operation, maintenance, and de-
livery of drinking water for present and anticipated
future uses until such time as the level of contami-
nation is reliably and consistently below the levels
specified by paragraph (2)(A).’’.
(d) 
PROCEDURAL
REQUIREMENTS; 
ENFORCE-
MENT.—(1) Section 121(e)(1) is amended by adding the
following at the end thereof: ‘‘Except for recordkeeping
and reporting, procedural requirements of State laws shall
not apply to the portion of any removal or remedial action
conducted entirely onsite.’’.
(2) Section 121(e)(2) is amended by adding the fol-
lowing after the first sentence: ‘‘States may enforce such
standards, requirements, criteria, or limitations regardless
of whether the remedial action plan is selected by the En-
vironmental Protection Agency or by a State pursuant to
a cooperative agreement with the Environmental Protec-
tion Agency, and regardless of whether it is implemented
pursuant to a consent decree, a unilateral or consent
order, or an interagency agreement under section 120.’’.
(e) RISK ASSESSMENTS.—Section 104(b)(1) of such
Act is amended by adding at the end the following: ‘‘The
goal of any risk assessment performed under this Act is
to provide informative and understandable estimates that
163
neither minimize nor exaggerate the current or potential
risks posed by a facility, to provide information about the
nature, likelihood, and severity of risks, including quali-
tative descriptions of hazards and means of exposure, and
to disclose any significant uncertainties and gaps in
data.’’.
(f) LAND USES.—Section 121 of such Act is further
amended by adding at the end the following new sub-
section:
‘‘(g) LAND USES.—
‘‘(1) FACTORS.—In selecting a remedy, the Ad-
ministrator shall take into account the reasonably
anticipated future uses of land at a facility and, to
the extent appropriate, of nearby property. In devel-
oping reasonable assumptions regarding anticipated
future land uses to be used in the development and
evaluation of remedial alternatives, the Adminis-
trator shall consider the following factors, as appro-
priate:
‘‘(A) The views of elected local government
officials.
‘‘(B) The current land use zoning, future
land use plans of the local government with
land use regulatory authority, and water man-
agement plans.
164
‘‘(C) Views of the affected community, giv-
ing substantial weight to recommendations of
any Community Advisory Group as provided
under section 117(g) or, as appropriate, a res-
toration or site-specific advisory board.
‘‘(D) The land use history of the facility
and surrounding properties, the current land
uses of the facility and surrounding properties,
recent development patterns in the area where
the facility is located, and population projec-
tions for that area.
‘‘(E) Federal or State land use designa-
tions, including national park designations,
State ground water or surface water recharge
area designations established under a State’s
comprehensive protection plan for ground water
or surface water or other State or Federal de-
lineations of underground sources of drinking
water, and recreational area designations.
‘‘(F) The potential for beneficial use.
‘‘(G) Beneficial uses of underlying ground
water, as determined under subsection (h).
‘‘(H) The proximity of the contamination
to residences, sensitive populations or eco-
165
systems, natural resources, or areas of unique
historic or cultural significance.
‘‘(I) Current plans for the future use of
the facility by the property owner or owners,
not including potential remedial measures.
‘‘(J) Navigational and transportation uses
that may be affected by the facility.
‘‘(K) Reasonably anticipated ecological
services provided by the resource.
‘‘(L) Tribal land use designations for a fa-
cility in Indian country (as defined in 18 U.S.C.
1151)
‘‘(M) Any additional factors the Adminis-
trator considers appropriate.
Restrictive future land use assumptions can be used
in evaluating remedial alternatives only to the extent
that institutional controls meeting the criteria of
subsection (i) and section 104 have been or will be
adopted as part of a remedial action.
‘‘(2) ADMINISTRATIVE
RECORD.—All informa-
tion considered by the President in evaluating rea-
sonably anticipated future land uses under this sub-
section shall be included in the administrative record
under section 113(k).’’.
166
(g) GROUND WATER USES.—Section 121 of such Act
is further amended by adding at the end the following new
subsection:
‘‘(h) GROUND WATER USES.—
‘‘(1) DETERMINATION OF WATER USES.—
‘‘(A) In selecting a remedial action to re-
store ground water to drinking water or other
beneficial use, the President shall defer to a
State’s classifications and designations relating
to ground water if the President finds that they
were developed—
‘‘(i) based on an aquifer or watershed
analysis or relevant hydrogeological infor-
mation;
‘‘(ii) with participation of the public;
‘‘(iii) in consultation with water sup-
pliers; and
‘‘(iv) using methodology that is con-
sistently applied throughout the State.
‘‘(B) In a case in which there is no def-
erence under subparagraph (A) to State classi-
fications and designations, or if interstate
ground water resources may be affected by the
release or threatened release and the affected
States do not agree on the reasonably antici-
167
pated beneficial uses of the interstate ground
water, the Administrator shall determine the
reasonably anticipated beneficial uses of ground
water potentially impacted by releases from the
facility following consultation with the affected
States and consideration of relevant factors, in-
cluding, as appropriate, the current and antici-
pated uses planned by local water suppliers.
‘‘(C) In a case in which there is no def-
erence under subparagraph (A) to State classi-
fications and designations, the Administrator
shall begin the determination of the reasonably
anticipated beneficial use of ground water with
the presumption that ground water is reason-
ably anticipated to be used as drinking water.
Such presumption may be overcome through
site-specific information identified during the
analysis of relevant factors under subparagraph
(B).
‘‘(2) EXCLUSION
OF
CERTAIN
GROUND
WA-
TERS.—(A) For purposes of this section, ground
water in the State that may be used for drinking
water does not include any of the following:
168
‘‘(i) Ground water containing more than
10,000 milligrams per liter total dissolved solids
from naturally occurring sources.
‘‘(ii) Ground water that is so contaminated
by naturally occurring conditions or by the ef-
fects of broad-scale human activity unrelated to
a specific activity that restoration of drinking
water quality is impracticable.
‘‘(iii) Ground water from which the poten-
tial source of drinking water is physically in-
capable of yielding a quantity of 150 gallons
per day of water to a well or spring, unless
available information indicates that such source
is or has been used as a source of drinking
water.
‘‘(B) 
Notwithstanding 
subparagraph 
(A),
ground water described in clause (i), (ii), or (iii) of
that subparagraph may be used for drinking water
in a State if the State has made a specific classifica-
tion or designation that the ground water described
in such clause may be used for drinking water and
the President finds such classification or designation
was developed as described in paragraph (1)(A).’’.
169
(h) INSTITUTIONAL CONTROLS.—Section 121 of such
Act is further amended by adding at the end the following
new subsection:
‘‘(i) INSTITUTIONAL CONTROLS.—
‘‘(1) IN GENERAL.—The President may not se-
lect a remedial action that allows hazardous sub-
stances, pollutants, or contaminants to remain onsite
at a facility above levels that would be protective for
unrestricted use unless institutional controls are in-
corporated into the remedial action to achieve pro-
tection of human health and the environment during
and after completion of the remedial action. The
President may use institutional controls as a supple-
ment to, but not as a substitute for, other response
measures, except in extraordinary circumstances.
‘‘(2) ASSURANCES.—In any case in which the
President selects a response action that relies on re-
strictions on land use or other activities to provide
protection, the President shall—
‘‘(A) ensure that such controls are ade-
quate to protect human health and the environ-
ment over the long term;
‘‘(B) require measures to ensure that such
controls will be appropriately implemented,
monitored, and enforced;
170
‘‘(C) ensure that such controls have been
developed with opportunity for public participa-
tion in accordance with section 117, identified
in the register established under section
104(k)(12), and incorporated in the recordation
systems of the appropriate jurisdiction in which
the property is located; and
‘‘(D) ensure that such controls shall re-
main in effect until the President determines
they are no longer necessary to protect human
health and the environment.
‘‘(3) USE
OF
INSTITUTIONAL
CONTROLS.—
Whenever institutional 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 govern-
ment official who is primarily responsible for mon-
itoring and enforcing the institutional controls. Each
record of decision with respect to a facility shall
clearly identify any institutional controls that re-
strict uses of land or other resources or other activi-
ties at the facility. If, after the record of decision is
signed, the President determines that there must be
171
a change in the nature or form of institutional con-
trols at the facility, such change shall be undertaken
consistent with section 117 and notice shall be given
pursuant to the requirements of section 104.
‘‘(4) FACILITY FUND.—In the case of a facility
for which the selected remedial action is containment
or which otherwise results in hazardous substances,
pollutants, or contaminants remaining on site above
levels that would allow for unrestricted use of the fa-
cility a fund may be established specifically for that
facility in an amount sufficient to guarantee success-
ful performance of a remedy at the facility. The
fund shall consist of amounts deposited into it by
potentially responsible parties. The amounts in the
fund shall be held in escrow by a non-Federal entity
(other than a potentially responsible party) for use
at the specific facility for any response necessary in
the event that the remedial action is not protective
of human health and the environment. Such costs
shall be response costs under section 107(a). The
President may, in his discretion, require a fund to
be established as a condition of settlement under
section 122.
‘‘(5) REPORT
TO
CONGRESS.—The Adminis-
trator shall on March 1, 1999, and annually there-