I
106TH CONGRESS
1ST SESSION
H. R. 1300
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to promote brownfields redevelopment, to reauthor-
ize and reform the Superfund program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. BOEHLERT (for himself, Mr. RAHALL, Mr. BARCIA, Mr. DOOLEY of Cali-
fornia, Mr. CLYBURN, Mr. HORN, Mr. GILCHREST, Mr. DEFAZIO, Mr.
QUINN, Mr. TRAFICANT, Mr. EHLERS, Mr. TAYLOR of Mississippi, Mr.
BASS, Mrs. TAUSCHER, Mr. GILMAN, Mr. BERRY, Mr. PORTER, Mr.
MORAN of Virginia, Mr. WALSH, Mrs. THURMAN, Mr. LEACH, Mr. MAT-
SUI, Mr. SENSENBRENNER, Mr. CLEMENT, Mr. CASTLE, Mr. GOSS, Mrs.
JOHNSON of Connecticut, Mr. KING, Mr. CRAMER, Mrs. BIGGERT, Mr.
THUNE, Ms. DANNER, Mr. COOK, and Mr. MCHUGH) introduced the fol-
lowing bill; which was referred to the Committee on Commerce, and in
addition to the Committees on Transportation and Infrastructure, and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
JUNE 15, 1999
Additional sponsors: Mr. GREENWOOD, Mr. SHOWS, Mr. MARTINEZ, Mr.
BLUMENAUER, Mr. FORD, Mr. ENGLISH, Mr. PASTOR, Mr. JEFFERSON,
Mr. HOLDEN, Mr. LATOURETTE, Mr. LAHOOD, Mr. RANGEL, Mr.
DIXON, Mrs. FOWLER, Mr. SMITH of Washington, Mr. HASTINGS of
Florida, Mr. ROEMER, Mr. CHAMBLISS, Mr. CLAY, Mr. FRELINGHUYSEN,
Mr. BACHUS, Mr. DICKS, Mrs. JONES of Ohio, Ms. PRYCE of Ohio, Mr.
FOLEY, Mrs. EMERSON, Mr. SHERMAN, Mr. PITTS, Mr. WISE, Mr.
GOODLING, Mr. BURTON of Indiana, Ms. SLAUGHTER, Mr. SWEENEY,
Mr. GORDON, Mr. COSTELLO, Mrs. MORELLA, Mr. LATHAM, Mr. PETER-
SON of Minnesota, Mr. WEINER, Mr. HILLIARD, Mr. PETRI, Mr. NEY,
Mr. CUMMINGS, Mr. BATEMAN, and Mr. DUNCAN
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to promote
brownfields redevelopment, to reauthorize and reform the
Superfund program, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Recycle America’s Land Act of 1999’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980.
Sec. 3. Effective date.
TITLE I—BROWNFIELDS REVITALIZATION
Sec. 101. Savings provision.
Sec. 102. Brownfields.
Sec. 103. Assistance for voluntary cleanup programs.
Sec. 104. Enforcement in cases of a release subject to a State response action.
Sec. 105. Additions to National Priorities List.
TITLE II—COMMUNITY PARTICIPATION AND HUMAN HEALTH
Subtitle A—Community Participation
Sec. 201. Improving citizen and community participation in decisionmaking.
Sec. 202. Additional public involvement requirements.
Sec. 203. Technical assistance grants.
Sec. 204. Understandable presentation of materials.
Sec. 205. Public participation in removal actions.
Sec. 206. Community study.
Sec. 207. Definitions.
Subtitle B—Human Health
Sec. 221. Public health authorities.
Sec. 222. Indian health provisions.
Sec. 223. Hazard ranking system.
Sec. 224. Facility scoring.
TITLE III—LIABILITY REFORM
Sec. 301. Amendments to section 106.
Sec. 302. Amendments to section 107(a).
Sec. 303. Innocent parties.
Sec. 304. Statutory construction.
Sec. 305. Livestock treatment.
Sec. 306. Liability relief for small businesses, municipal solid waste, sewage
sludge, and municipal owners and operators.
Sec. 307. Amendments to section 113.
Sec. 308. Liability of response action contractors.
Sec. 309. Amendments to section 122.
Sec. 310. Clarification of liability for recycling transactions.
Sec. 311. Allocation.
TITLE IV—REMEDY SELECTION
Sec. 401. Remedy selection.
Sec. 402. Hazardous substance property use.
Sec. 403. Risk assessment standards.
TITLE V—GENERAL PROVISIONS
Sec. 501. Trust Fund defined.
Sec. 502. Indian tribes.
Sec. 503. Grants for training and education of workers.
Sec. 504. State cost share.
Sec. 505. State and local reimbursement for response actions.
Sec. 506. State role at Federal facilities.
Sec. 507. Federal cost study.
Sec. 508. Oil Pollution Act.
TITLE VI—FUNDING
Subtitle A—Expenditures From the Hazardous Substance Superfund
Sec. 601. Expenditures from the Hazardous Substance Superfund.
Sec. 602. Authorization of appropriations from general revenues.
Subtitle B—Extension of Hazardous Substance Superfund
Sec. 611. Extension of Hazardous Substance Superfund.
SEC. 2. AMENDMENTS TO COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LI-
ABILITY ACT OF 1980.
Except as otherwise specifically provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
SEC. 3. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act,
and the amendments made by this Act, shall become effec-
tive on the date of the enactment of this Act.
TITLE I—BROWNFIELDS
REVITALIZATION
SEC. 101. SAVINGS PROVISION.
Nothing in this title (including the amendments made
by this title) may be construed to affect the President’s
authority to respond to a release or threatened release of
a hazardous substance, pollutant, or contaminant under
section 104 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980.
SEC. 102. BROWNFIELDS.
(a) IN GENERAL.—Title I (42 U.S.C. 9601 et seq.)
is amended by adding at the end the following:
‘‘SEC. 127. BROWNFIELDS.
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) ADMINISTRATIVE
COST.—The term ‘ad-
ministrative cost’ does not include the cost of—
‘‘(A) site inventories;
‘‘(B) investigation and identification of the
extent of contamination;
‘‘(C) design and performance of a response
action; or
‘‘(D) monitoring of natural resources.
‘‘(2) BROWNFIELD FACILITY.—
‘‘(A) IN GENERAL.—The term ‘brownfield
facility’ means real property with respect to
which expansion, development, or redevelopment
is complicated by the presence or potential pres-
ence of a hazardous substance.
‘‘(B) EXCLUDED
FACILITIES.—The term
‘brownfield facility’ does not include—
‘‘(i) any portion of real property that
is the subject of an ongoing removal or
planned removal under section 104;
‘‘(ii) any portion of real property that
is listed or has been proposed for listing on
the National Priorities List;
‘‘(iii) any portion of real property with
respect to which a cleanup is proceeding
under a permit, an administrative order, or
a judicial consent decree entered into by
the United States or an authorized State
under this Act, the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), the Federal
Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Toxic Substances Con-
trol Act (15 U.S.C. 2601 et seq.), or the
Safe Drinking Water Act (42 U.S.C. 300f
et seq.);
‘‘(iv) a facility that is owned or oper-
ated by a department, agency, or instru-
mentality of the United States, except a
facility located on lands held in trust for
an Indian tribe; or
‘‘(v) a portion of a facility for which
assistance for response activity has been
obtained under subtitle I of the Solid
Waste Disposal Act (42 U.S.C. 6991 et
seq.) from the Leaking Underground Stor-
age Tank Trust Fund established under
section 9508 of the Internal Revenue Code
of 1986.
‘‘(3) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible en-
tity’ means—
‘‘(i) a State or a political subdivision
of a State, including—
‘‘(I) a general purpose unit of
local government; and
‘‘(II) a regional council or group
of general purpose units of local gov-
ernment;
‘‘(ii) a redevelopment agency that is
chartered or otherwise sanctioned by a
State or other unit of government; and
‘‘(iii) an Indian tribe.
‘‘(B) EXCLUDED ENTITIES.—The term ‘el-
igible entity’ does not include any entity that is
not in full compliance with the requirements of
an administrative order, judicial consent decree,
or closure plan under a permit which has been
issued or entered into by the United States or
an authorized State under this Act, the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.),
the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.), or the
Safe Drinking Water Act (42 U.S.C. 300f et
seq.) with respect to the real property or por-
tion thereof which is the subject of the order,
judicial consent decree, or closure plan.
‘‘(b) 
BROWNFIELD
ASSESSMENT
GRANT
PRO-
GRAM.—
‘‘(1) 
ESTABLISHMENT
OF
PROGRAM.—The
President shall establish a program to provide
grants to eligible entities for inventory and assess-
ment of brownfield facilities.
‘‘(2) ASSISTANCE FOR SITE ASSESSMENT.—On
approval of an application made by an eligible entity,
the President may make grants to the eligible entity
to be used for developing an inventory and con-
ducting an assessment of 1 or more brownfield fa-
cilities.
‘‘(3) APPLICATIONS.—
‘‘(A) IN
GENERAL.—Any eligible entity
may submit an application to the President, in
such form as the President may require, for a
grant under this subsection for 1 or more
brownfield facilities.
‘‘(B) APPLICATION
REQUIREMENTS.—An
application for a grant under this subsection
shall include information relevant to the rank-
ing criteria established under paragraph (4) for
the facility or facilities for which the grant is
requested.
‘‘(4) RANKING CRITERIA.—The President shall
establish a system for ranking grant applications
submitted under this subsection that includes the
following criteria:
‘‘(A) The demonstrated need for Federal
assistance.
‘‘(B) The extent to which a grant will
stimulate the availability of other funds for en-
vironmental remediation and subsequent rede-
velopment of the area in which the brownfield
facilities are located.
‘‘(C) The estimated extent to which a
grant would facilitate the identification of or fa-
cilitate a reduction in health and environmental
risks.
‘‘(D) The potential to stimulate economic
development of the area, such as the following:
‘‘(i) The relative increase in the esti-
mated fair market value of the area as a
result of any necessary response action.
‘‘(ii) The potential of a grant to cre-
ate new or expand existing business and
employment opportunities on completion of
any necessary response action.
‘‘(iii) The estimated additional tax
revenues expected to be generated by eco-
nomic redevelopment in the area in which
a brownfield facility is located.
‘‘(E) The financial involvement of the
State and local government in any response ac-
tion planned for a brownfield facility and the
extent to which the response action and the
proposed redevelopment is consistent with any
applicable State or local community economic
development plan.
‘‘(F) The extent to which the site assess-
ment and subsequent development involves the
active participation and support of the local
community.
‘‘(5) MAXIMUM
GRANT
AMOUNT
PER
FACIL-
ITY.—A grant made to an eligible entity under this
subsection shall not exceed $200,000 with respect to
any brownfield facility covered by the grant.
‘‘(c) BROWNFIELD
REMEDIATION
GRANT
PRO-
GRAM.—
‘‘(1) 
ESTABLISHMENT
OF
PROGRAM.—The
President shall establish a program to provide
grants to eligible entities to be used for capitaliza-
tion of revolving loan funds for remedial actions at
brownfield facilities.
‘‘(2) ASSISTANCE
FOR
SITE
REMEDIATION.—
Upon approval of an application made by an eligible
entity, the President may make grants to the eligible
entity to be used for establishing a revolving loan
fund. Any fund established using such grants shall
be used to make loans to a State, a site owner, or
a site developer for the purpose of carrying out re-
medial actions at 1 or more brownfield facilities.
‘‘(3) APPLICATIONS.—
‘‘(A) IN
GENERAL.—Any eligible entity
may submit an application to the President, in
such form as the President may require, for a
grant under this subsection.
‘‘(B) APPLICATION
REQUIREMENTS.—An
application under this section shall include in-
formation relevant to the ranking criteria estab-
lished under paragraph (4).
‘‘(4) RANKING CRITERIA.—The President shall
establish a system for ranking grant applications
submitted under this subsection that includes the
following criteria:
‘‘(A) The adequacy of the financial con-
trols and resources of the eligible entity to ad-
minister a revolving loan fund in accordance
with this title.
‘‘(B) The ability of the eligible entity to
monitor the use of funds provided to loan re-
cipients under this title.
‘‘(C) The ability of the eligible entity to en-
sure that a remedial action funded by the grant
will be conducted under the authority of a State
cleanup program that ensures that the remedial
action is protective of human health and the en-
vironment.
‘‘(D) The ability of the eligible entity to
ensure that any cleanup funded under this Act
will comply with all laws that apply to the
cleanup.
‘‘(E) The need of the eligible entity for fi-
nancial assistance to clean up brownfield sites
that are the subject of the application, taking
into consideration the financial resources avail-
able to the eligible entity.
‘‘(F) The ability of the eligible entity to
ensure that the applicants repay the loans in a
timely manner.
‘‘(G) The plans of the eligible entity for
using the grant to stimulate economic develop-
‘‘(3) AGREEMENTS.—
‘‘(A) TERMS
AND
CONDITIONS.—Each
grant made under this section shall be subject
to an agreement that—
‘‘(i) requires the eligible entity to
comply with all applicable Federal and
State laws;
‘‘(ii) requires the eligible entity to use
the grant exclusively for the purposes spec-
ified in subsection (b)(2) or (c)(2);
‘‘(iii) in the case of an application by
a State under subsection (c)(2), requires
payment by the State of a matching share,
of at least 50 percent of the amount of the
grant, from other sources of funding;
‘‘(iv) requires that grants under this
section will not supplant State or local
funds normally provided for the purposes
specified in subsection (b)(2) or (c)(2); and
‘‘(v) contains such other terms and
conditions as the President determines to
be necessary to ensure proper administra-
tion of the grants.
‘‘(B) LIMITATION.—The President shall
not place terms or conditions on grants made
under this section other than the terms and
conditions specified in subparagraph (A).
‘‘(4) LEVERAGING.—An eligible entity that re-
ceives a grant under this section may use the funds
for part of a project at a brownfield facility for
which funding is received from other sources, includ-
ing other Federal sources, but the grant shall be
used only for the purposes described in subsection
(b)(2) or (c)(2).
‘‘(e) APPROVAL.—
‘‘(1) INITIAL GRANT.—Before the expiration of
the fourth quarter of the first fiscal year following
the date of the enactment of this section, the Presi-
dent shall make grants under this section to eligible
entities and States that submit applications, before
the expiration of the second quarter of such year,
that the President determines have the highest
rankings under the ranking criteria established
under subsection (b)(4) or (c)(4).
‘‘(2) SUBSEQUENT
GRANTS.—Beginning with
the second fiscal year following the date of enact-
ment of this section, the President shall make an an-
nual evaluation of each application received during
the prior fiscal year and make grants under this sec-
tion to eligible entities and States that submit appli-
cations during the prior year that the President de-
termines have the highest rankings under the rank-
ing criteria established under subsection (b)(4) or
(c)(4).
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out this section
such sums as may be necessary. Such funds shall remain
available until expended.’’.
SEC. 103. ASSISTANCE FOR VOLUNTARY CLEANUP PRO-
GRAMS.
(a) STATE
RESPONSE
PROGRAMS.—Title I (42
U.S.C. 9601 et seq.) is further amended by adding at the
end the following:
‘‘SEC. 128. STATE VOLUNTARY CLEANUP PROGRAMS.
‘‘(a) ASSISTANCE TO STATES.—The Administrator
may provide technical and other assistance to States to
establish and expand State voluntary cleanup programs.
‘‘(b) ELIGIBLE PURPOSES.—The purposes for which
assistance may be provided under subsection (a) include
the following:
‘‘(1) Providing technical assistance for response
actions.
‘‘(2) Providing adequate opportunities for pub-
lic participation, including prior notice and oppor-
tunity for comment in appropriate circumstances, in
selecting response actions.
‘‘(3) Developing streamlined procedures to en-
sure expeditious response actions.
‘‘(4) Providing oversight and enforcement of re-
sponse actions.
‘‘(c) PROHIBITION ON CONDITIONS.—A State may
request assistance under this section for 1 or more eligible
purposes. The President may require that such assistance
be used to carry out the eligible purposes for which the
assistance is provided, but may not require as a condition
of such assistance that the State take actions unrelated
to such purposes.’’.
(b) FUNDING.—Section 111 (42 U.S.C. 9611) is
amended by adding at the end the following:
‘‘(q) STATE VOLUNTARY CLEANUP PROGRAM.—For
each of fiscal years 2000 through 2004, not more than
$25,000,000 of the amounts available in the Fund may
be used for assistance to States under section 130 during
the first 5 full fiscal years following the date of enactment
of this subsection. The amount of such assistance shall
be distributed among each of the States that notifies the
Administrator of the State’s intent to establish a State
voluntary cleanup program and each of the States with
a State voluntary cleanup program. Subject to appropria-
tions from the Fund, the Administrator shall make for
each fiscal year to each State voluntary cleanup program
a grant in the amount of at least $250,000.’’.
SEC. 104. ENFORCEMENT IN CASES OF A RELEASE SUBJECT
TO A STATE RESPONSE ACTION.
Title I (42 U.S.C. 9601 et seq.) is further amended
by adding at the end the following:
‘‘SEC. 129. ENFORCEMENT IN CASES OF A RELEASE SUB-
JECT TO A STATE RESPONSE ACTION.
‘‘(a) ENFORCEMENT.—Except as provided in sub-
section (b), in the case of a facility that is not listed or
proposed for listing on the National Priorities List and
at which there is a release or threatened release of a haz-
ardous substance, neither the President nor any other per-
son (other than a State) may use authority under this Act
against any person who is conducting or has completed
a response action in compliance with a State law that spe-
cifically governs response actions for the protection of pub-
lic health and the environment—
‘‘(1) to take an administrative enforcement ac-
tion under section 106;
‘‘(2) to take a judicial enforcement action under
section 107 of 113; or
‘‘(3) to bring a private civil action under section
107 or 113;
regarding any release or threatened release that is ad-
dressed by such response action.
‘‘(b) EXCEPTIONS.—The President may bring an ad-
ministrative enforcement action or a judicial enforcement
action under this Act with respect to a facility described
in subsection (a) if—
‘‘(1) the State requests the President to take
such action;
‘‘(2) the President determines that—
‘‘(A) response actions are immediately re-
quired to prevent, limit, or mitigate an emer-
gency;
‘‘(B) there is an immediate risk to public
health or welfare or the environment; and
‘‘(C) the State will not take the necessary
response actions in a timely manner;
‘‘(3) the Agency for Toxic Substances and Dis-
ease Registry issues a public health advisory with re-
spect to the facility; or
‘‘(4) the President determines that contamina-
tion has migrated across a State line, resulting in
the need for further response action to protect
human health or the environment.’’.
SEC. 105. ADDITIONS TO NATIONAL PRIORITIES LIST.
(a) NPL DEFERRALS.—Section 105 (42 U.S.C.
9605) is amended by adding at the end the following:
‘‘(h) NPL DEFERRALS.—
‘‘(1) DEFERRALS TO OTHER FEDERAL AUTHOR-
ITY.—The President generally shall defer listing a
facility on the National Priorities List if long-term
remedial action will be conducted under other Fed-
eral authorities, including the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1201 et seq.), the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.), and the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.).
‘‘(2) DEFERRAL
TO
STATE
RESPONSE
AC-
TION.—The President generally shall defer listing a
facility on the National Priorities List if remedial
action that will provide long-term protection of
human health and the environment is underway at
that facility under a State response program.
‘‘(3) ENCOURAGING STATE VOLUNTARY CLEAN-
UPS.—At the request of a State, the President shall
defer final listing of a facility on the National Prior-
ities List if the State is attempting to obtain an
agreement from a person or persons to perform a re-
medial action that will provide long-term protection
of human health and the environment at such facil-
ity under a State response program. If, after the last
day of the 1-year period beginning on the date that
the President proposes to list the facility on the Na-
tional Priorities List, the President finds that the
State is not making reasonable progress toward ob-
taining such an agreement, the President may place
such facility on the National Priorities List.’’.
(b) CROSS REFERENCE.—Section 105(a)(8)(B) (42
U.S.C. 9605(a)(8)(B)) is amended by inserting after
‘‘shall revise the list’’ the following: ‘‘, subject to sub-
section (h),’’.
TITLE II—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
Subtitle A—Community
Participation
SEC. 201. IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION IN DECISIONMAKING.
(a) TECHNICAL AMENDMENTS.—Section 117 (42
U.S.C. 9617) is amended—
(1) in subsection (a)—
(A) by striking ‘‘PROPOSED PLAN’’ and in-
serting ‘‘PROPOSED PLAN’’;
(B) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
and
(C) by striking ‘‘under paragraph (1)’’ and
inserting ‘‘under subparagraph (A)’’;
(2) by redesignating subsection (a) as para-
graph (4) and moving the text of such paragraph 2
ems to the right;
(3) in subsection (b) by striking ‘‘FINAL PLAN’’
and inserting ‘‘FINAL PLAN’’;
(4) in subsection (c)—
(A) by striking ‘‘EXPLANATION OF DIF-
FERENCES’’ and inserting ‘‘EXPLANATION OF
DIFFERENCES’’; and
(B) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (C), re-
spectively; and
(5) by redesignating subsections (b) and (c) as
paragraphs (6) and (7) and moving the text of such
paragraphs 2 ems to the right.
(b) PARTICIPATION IN DECISIONMAKING.—
(1) IMPROVING CITIZEN AND COMMUNITY PAR-
TICIPATION IN DECISIONMAKING.—Section 117 (42
U.S.C. 9617) is further amended by inserting after
the section heading the following:
‘‘(a) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION IN DECISIONMAKING.—
‘‘(1) IN GENERAL.—In order to provide an op-
portunity for meaningful public participation at
every significant phase of a response action at a cov-
ered facility, the President shall take the actions
specified in this subsection. Public meetings required
under this subsection shall be designed to obtain in-
formation from the community and to disseminate
information to the community concerning the Presi-
dent’s activities at a covered facility.
‘‘(2) PRELIMINARY ASSESSMENT AND SITE IN-
SPECTION.—
‘‘(A) EVALUATION OF CONCERNS.—To the
extent practicable, before or during site inspec-
tion, the President shall solicit and evaluate
concerns, interests, and information from af-
fected Indian Tribes, the affected community,
local government officials, and State and local
health officials.
‘‘(B) REQUIREMENTS FOR EVALUATION.—
An evaluation under subparagraph (A) shall in-
clude, as appropriate, face-to-face community
surveys to identify the location of private drink-
ing water wells, potential exposure pathways,
including historic and current or potential use
of water, and other environmental resources in
the community; a public meeting; written re-
sponses to significant concerns; and other ap-
propriate participatory activities.
‘‘(3) REMEDIAL
INVESTIGATION
AND
FEASI-
BILITY STUDY.—
‘‘(A) PUBLIC
MEETINGS.—The President
shall provide, as appropriate, an opportunity for
public meetings and publish a notice of such
meetings before or during the remedial inves-
tigation and feasibility study.
‘‘(B) SOLICITATION
OF
VIEWS.—During
the remedial investigation and feasibility study,
the President shall solicit the views and pref-
erences of affected Indian tribes, the affected
community, local government officials, and
State and local health officials on the remedi-
ation and disposition of hazardous substances,
pollutants, or contaminants at the facility. Such
views and preferences shall be described in the
remedial investigation and feasibility study and
considered in the screening of remedial alter-
natives for the facility.’’.
(2) COMPLETION
OF
WORK
PLAN.—Section
117(a) (42 U.S.C. 9617(a)) is amended by inserting
after paragraph (4) of such section, as redesignated
by subsection (a)(2) of this section, the following:
‘‘(5) COMPLETION OF WORK PLAN.—The Presi-
dent shall provide, as appropriate, an opportunity
for public meetings and publish a notice of such
meetings before or during the completion of the
work plan for the remedial design and remedial ac-
tion.’’.
(c) ALTERNATIVES; SELECTING APPROPRIATE AC-
TIVITIES; PROVIDING INFORMATION.—Section 117(a) (42
U.S.C. 9617(a)) is amended by inserting after paragraph
(7) of such section, as redesignated by subsection (a)(5)
of this section, the following:
‘‘(8) ALTERNATIVES.—Pursuant to paragraph
(4), affected Indian tribes, the affected community,
local government officials, and State and local health
officials may propose remedial alternatives to the
President. The President shall consider such alter-
natives in the same manner as the President con-
siders alternatives proposed by other parties.
‘‘(9) SELECTING APPROPRIATE ACTIVITIES.—In
determining which of the activities set forth in para-
graph (2) may be appropriate, the President may
consult with affected Indian tribes, the affected com-
munity, local government officials, and State and
local health officials.
‘‘(10) PROVIDING INFORMATION.—
‘‘(A) IN
GENERAL.—The President shall
provide information to affected Indian tribes,
the affected community, local government offi-
cials, and State and local health officials at
every significant phase of the response action at
the covered facility.
‘‘(B) NOTICE.—The President, on a reg-
ular basis, shall inform the entities specified in
subparagraph (A) of the progress and sub-
stance of technical meetings between the lead
agency and potentially responsible parties re-
garding a covered facility and shall provide no-
tice to such entities concerning—
‘‘(i) the schedule for commencement
of construction activities at the covered fa-
cility and the location and availability of
construction plans;
‘‘(ii) the results of any review under
section 121(c) and any modifications to the
covered facility made as a result of the re-
view; and
‘‘(iii) the execution of and any revi-
sions to institutional controls being used as
part of a remedial action.’’.
SEC. 202. ADDITIONAL PUBLIC INVOLVEMENT REQUIRE-
MENTS.
Section 117 (42 U.S.C. 9617) is amended by insert-
ing after subsection (a), as amended by section 201 of this
Act, the following:
‘‘(b) ADDITIONAL PUBLIC INVOLVEMENT REQUIRE-
MENTS.—
‘‘(1) AVAILABILITY OF RECORDS.—The Presi-
dent shall make records relating to a response action
at a covered facility available to the public through-
out all phases of the response action. Such informa-
tion shall be made available to the public for inspec-
tion and copying without the need to file a formal
request, subject to reasonable service charges as ap-
propriate. This paragraph shall not apply to a
record that is exempt from disclosure under section
552 of title 5, United States Code.
‘‘(2) REQUIREMENTS
FOR
PUBLIC
INFORMA-
TION.—
‘‘(A) PRESENTATION.—The President, in
carrying out responsibilities under this Act,
shall ensure that the presentation of informa-
tion on risk is unbiased and informative and
clearly discloses any uncertainties and data
gaps. To the extent feasible, documents made
available to the general public which purport to
describe the degree of risk to human health
shall state, at a minimum—
‘‘(i) the population or populations ad-
dressed by any risk estimates;
‘‘(ii) the expected risk or central esti-
mate of risk for the specific population;
‘‘(iii) any appropriate upperbound and
lowerbound estimates; and
‘‘(iv) the reasonable range or other
description of uncertainties in the assess-
ment process.
‘‘(B) COMPARISONS OF RISK.—To the ex-
tent practicable and appropriate, the Adminis-
trator shall provide comparisons of the level of
risk from hazardous substances found at facili-
ties to the levels of risk from hazardous sub-
stances ordinarily encountered by the general
public through other routes of exposure.’’.
SEC. 203. TECHNICAL ASSISTANCE GRANTS.
Section 117 (42 U.S.C. 9617) is further amended—
(1) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively; and
(2) by striking subsection (d) as so redesig-
nated and inserting the following:
‘‘(d) TECHNICAL ASSISTANCE GRANTS.—
‘‘(1) AUTHORITY.—In accordance with rules to
be promulgated by the Administrator, the Adminis-
trator may make grants for technical assistance
available to any affected community with respect
to—
‘‘(A) a covered facility;
‘‘(B) a facility at which the Administrator
is undertaking a response action anticipated to
exceed 1 year; or
‘‘(C) a facility at which the funding limit
under section 104 is anticipated to be reached.
‘‘(2) SPECIAL RULES.—
‘‘(A) FEDERAL SHARE.—No matching con-
tribution shall be required for a grant under
this subsection.
‘‘(B) ADVANCE PAYMENTS.—The Adminis-
trator may make available to a recipient of a
grant under this subsection in advance of the
expenditures to be covered by the grant the
lesser of $5,000 or 10 percent of the total
amount of the grant.
‘‘(3) GRANT AVAILABILITY.—The Administrator
shall promptly notify residents and Indian tribes liv-
ing near a covered facility that technical assistance
grants are available under this section.
‘‘(4) NUMBER OF GRANTS PER FACILITY.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this paragraph, the Administrator
may not make more than 1 grant under this
subsection with respect to a single facility.
‘‘(B) RENEWAL
OF
GRANTS.—A grant
made under this subsection with respect to a fa-
cility may be renewed to facilitate public par-
ticipation at all stages of a response action.
‘‘(C) SPECIAL RULE.—In exceptional cir-
cumstances, the Administrator may provide
more than 1 grant under this subsection with
respect to a single facility, considering such fac-
tors as the area affected by the facility and the
distances between affected communities.
‘‘(5) FUNDING AMOUNT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the amount of a grant under
this subsection may not exceed $50,000 for a
single grant recipient.
‘‘(B) ADDITIONAL FUNDS.—The Adminis-
trator may increase the amount of a grant
under this subsection if—
‘‘(i) the grant recipient demonstrates
that the characteristics of a facility indi-
cate that additional funds are necessary
due to the complexity of the response ac-
tion, including the size and complexity of
the facility, or the nature or volume of
site-related information; and
‘‘(ii) the Administrator finds that the
grant recipient’s management of a previous
grant under this subsection, if any, was
satisfactory, and the costs incurred under
the grant were allowable and reasonable.
‘‘(6) SIMPLIFICATION.—To ensure that the ap-
plication process is accessible to all affected citizens,
the Administrator shall review the existing guide-
lines and application procedures for grants under
this subsection and, not later than 180 days after
the date of the enactment of this paragraph, revise,
as appropriate, such guidelines and procedures to
simplify the process of obtaining such grants.
‘‘(7) AUTHORIZED GRANT ACTIVITIES.—
‘‘(A) INFORMATION AND PARTICIPATION.—
To facilitate full participation by a grant recipi-
ent in response activities at a facility, a grant
made under this subsection may be used to ob-
tain technical assistance, including the hiring of
health and safety experts, in interpreting infor-
mation for, and disseminating information to,
members of the community, and in providing
information and recommendations to the Presi-
dent, with regard to—
‘‘(i) the nature of the hazard at a fa-
cility, including information used to rank
facilities according to the Hazard Ranking
System;
‘‘(ii) sampling and monitoring plans;
‘‘(iii) the remedial investigation and
feasibility study;
‘‘(iv) the record of decision;
‘‘(v) the selection, design, and con-
struction of the remedial action;
‘‘(vi) operation and maintenance;
‘‘(vii) institutional controls;
‘‘(viii) removal activities at the facil-
ity; and
‘‘(ix) health assessment or health
studies.
‘‘(B) ADDITIONAL
ACTIVITIES.—In addi-
tion to the activities specified in subparagraph
(A), not more than 10 percent of the amount
of a grant under this subsection may be used
for educational training, hiring neutral profes-
sionals to facilitate deliberations and consensus
efforts, and hiring community liaisons to poten-
tially responsible parties and government agen-
cies to facilitate public participation at the facil-
ity.
‘‘(C) AVAILABILITY OF INFORMATION.—In-
formation generated by the recipients of grants
under this subsection shall be made publicly
available.
‘‘(D) LIMITATION.—Grants made under
this subsection may not be used for the pur-
poses of collecting field sampling data.
‘‘(8) NON-SITE-SPECIFIC GRANTS.—In accord-
ance with rules to be promulgated by the Adminis-
trator, the Administrator may make grants under
this subsection to Indian tribes, nonprofit organiza-
tions, and citizens groups to enhance their participa-
tion, prior to final agency action, in rulemaking
processes carried out in accordance with this Act.
Total funding for all such grants shall not exceed
$100,000.
‘‘(9) REPRESENTATIVE OF THE COMMUNITY.—
The Administrator shall publish guidance for deter-
mining whether a recipient of a grant under this
subsection is a legitimate representative of the com-
munity affected by a facility.’’.
SEC. 204. UNDERSTANDABLE PRESENTATION OF MATE-
RIALS.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(e) UNDERSTANDABLE PRESENTATION OF MATE-
RIALS.—The President shall ensure that information pre-
pared for distribution to the public under this section shall
be provided or summarized in a manner that may be easily
understood by the community, considering any unique cul-
tural needs of the community, including presentation of
information orally and distribution of information in lan-
guages other than English, as appropriate.’’.
SEC. 205. PUBLIC PARTICIPATION IN REMOVAL ACTIONS.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(f) PUBLIC
PARTICIPATION
IN
REMOVAL
AC-
TIONS.—In the case of a removal action taken in accord-
ance with section 104, the President shall provide opportu-
nities for meaningful public participation as follows:
‘‘(1) REMOVAL ACTIONS WHERE ON-SITE AC-
TIVITIES MUST BEGIN IN LESS THAN 6 MONTHS.—
In the case of a removal action where on-site activi-
ties must begin in less than 6 months, the President
shall—
‘‘(A) publish a notice of availability of the
administrative record established under section
113(k) in a local newspaper of general circula-
tion within 60 days of any on-site removal ac-
tivity;
‘‘(B) provide a public comment period, as
appropriate, of not less than 30 days from the
date on which the administrative record is made
available for public inspection; and
‘‘(C) prepare a written response to com-
ments.
‘‘(2) REMOVAL ACTIONS WHERE ON-SITE AC-
TIVITIES WILL EXTEND BEYOND 120 DAYS.—In the
case of a removal action where on-site activities are
expected to extend beyond 120 days, the President
shall—
‘‘(A) conduct interviews with the Commu-
nity Advisory Group, if any, affected Indian
tribes, the affected community, local govern-
ment officials, and State and local health offi-
cials, as appropriate, to solicit their concerns,
information needs, and how or when the af-
fected community would like to become involved
in the response action;
‘‘(B) prepare a formal community relations
plan based on the community interviews and
other relevant information, specifying the com-
munity relations activities that the President
expects to undertake during the response; and
‘‘(C) establish at least 1 local information
repository at or near the location of the re-
sponse action.
The information repository shall contain items made
available for public information and the administra-
tive record. The President shall inform the affected
community of the establishment of the information
repository and provide a notice of availability of the
administrative record for public review. All items in
the repository shall be available for public inspection
and copying.
‘‘(3) REMOVAL ACTIONS WHERE PLANNING PE-
RIOD
WILL
EXTEND
BEYOND
MONTHS.—In the
case of a removal action where the planning period
is expected to extend beyond 6 months, the Presi-
dent shall—
‘‘(A) comply with the requirements of
paragraph (2);
‘‘(B) provide a notice of availability of and
a brief description of the removal engineering
evaluation and cost analysis in a local news-
paper of general circulation;
‘‘(C) provide a reasonable opportunity, not
less than 30 days, for submission of written and
oral comments after completion of the engineer-
ing evaluation and cost analysis; and
‘‘(D) prepare a written response to signifi-
cant comments.’’.
SEC. 206. COMMUNITY STUDY.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(g) COMMUNITY STUDY.—
‘‘(1) REPORT
BY
THE
ADMINISTRATOR.—Not
later than 2 years after the date of the enactment
of this Act, the Administrator shall prepare and sub-
mit to Congress a community study. The Adminis-
trator shall periodically update the study. The Ad-
ministrator shall ensure that copies of such studies
are made available to the public.
‘‘(2) CONTENTS OF THE REPORT.—The Admin-
istrator’s report shall include an analysis of—
‘‘(A) the duration of time between the dis-
covery and listing of a facility;
‘‘(B) the timing and nature of response ac-
tions;
‘‘(C) the degree to which public views are
reflected in response actions;
‘‘(D) future land use determinations and
use of institutional controls;
‘‘(E) the population, race, ethnicity, and
income characteristics of each community af-
fected by each facility listed or proposed for
listing on the National Priorities List; and
‘‘(F) the risk presented by each such facil-
ity.
‘‘(3) EVALUATION.—The Administrator shall
evaluate the information in the study to determine
whether priority setting, response actions, and public
participation requirements were conducted in a fair
and equitable manner and identify program areas
that require improvements or modification.
‘‘(4) ACTIONS
BASED
ON
EVALUATION.—The
Administrator shall institute necessary improve-
ments or modifications to address any deficiencies
identified by the study prepared under this section.’’.
SEC. 207. DEFINITIONS.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(h) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) COVERED FACILITY.—The term ‘covered
facility’ means a facility that has been listed or pro-
posed for listing on the National Priorities List.
‘‘(2) AFFECTED
COMMUNITY.—The term ‘af-
fected community’ means any group of 2 or more in-
dividuals (including representatives of Indian tribes)
which may be affected by a release or threatened re-
lease of a hazardous substance, pollutant, or con-
taminant at a covered facility.’’.
Subtitle B—Human Health
SEC. 221. PUBLIC HEALTH AUTHORITIES.
(a) DISEASE REGISTRY AND MEDICAL CARE PRO-
VIDERS.—Section 104(i)(1) (42 U.S.C. 9604(i)(1)) is
amended—
(1) by striking subparagraph (A) and inserting
the following:
‘‘(A) in cooperation with the States, for sci-
entific purposes and public health purposes, estab-
lish and maintain a national registry of persons ex-
posed to toxic substances;’’; and
(2) in subparagraph (E) by striking ‘‘admission
to hospitals and other facilities and services operated
or provided by the Public Health Service’’ and in-
serting ‘‘referral to licensed or accredited health care
providers’’.
(b) SUBSTANCE PROFILES.—Paragraph (3) of sec-
tion 104(i) (42 U.S.C. 9604(i)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively;
and
(3) by striking ‘‘Any toxicological profile or re-
vision thereof’’ and all that follows through the pe-
riod at the end of such paragraph and inserting the
following:
‘‘(B) Any toxicological profile or revision thereof shall
reflect the Administrator of ATSDR’s assessment of all
relevant toxicological testing which has been peer re-
viewed. The profiles prepared under this paragraph shall
be for those substances highest on the list of priorities
under paragraph (2) for which profiles have not previously
been prepared or for substances not on the listing but
which have been found at facilities for which there has
been a response action under this Act and which have been
determined by ATSDR to be of health concern. Profiles
required under this paragraph shall be revised and repub-
lished, as appropriate, based on scientific development.
Such profiles shall be provided to the States, including
State health departments, tribal health officials, and local
health departments, and made available to other inter-
ested parties.’’.
(c) 
DETERMINING
HEALTH
EFFECTS.—Section
104(i)(5)(A) (42 U.S.C. 9604(i)(5)(A)) is amended—
(1) by striking ‘‘designed to determine the
health effects (and techniques for development of
methods to determine such health effects) of such
substance.’’ and inserting ‘‘conducted directly or by
means such as cooperative agreements and grants
with appropriate public and nonprofit institutions.
The research shall be designed to determine the
health effects of the substance and techniques for
development of methods to determine such health ef-
fects.’’;
(2) by redesignating clause (iv) as clause (v);
(3) by striking ‘‘and’’ at the end of clause (iii);
and
(4) by inserting after clause (iii) the following:
‘‘(iv) laboratory and other studies which can
lead to the development of innovative techniques for
predicting organ-specific, site-specific, and system-
specific acute and chronic toxicity; and’’.
(d) PUBLIC HEALTH AT NPL FACILITIES.—
(1) PRELIMINARY
PUBLIC
HEALTH
ASSESS-
MENTS.—Section 104(i)(6) (42 U.S.C. 9604(i)(6)) is
amended by striking ‘‘(6)(A)’’ and all that follows
through the period at the end of subparagraph (A)
and inserting the following:
‘‘(6)(A)(i) The Administrator of ATSDR shall per-
form a preliminary public health assessment for each facil-
ity, including those facilities owned by any department,
agency, or instrumentality of the United States, on the
National Priorities List and those sites that are the sub-
ject of a petition under subparagraph (B). The prelimi-
nary public health assessment shall be commenced as soon
as practicable after each facility is proposed for inclusion
on the National Priorities List or ATSDR accepts a peti-
tion for a health assessment. Where ATSDR, in consulta-
tion with local public health officials, determines it is indi-
cated by the preliminary public health assessment,
ATSDR shall conduct a public health assessment of those
sites posing a health hazard, which should be considered
in selecting the remedial action.
‘‘(ii) The Administrator of ATSDR shall design pub-
lic health assessments that take into account the needs
and conditions of the affected community, in cooperation
with States.
‘‘(iii) The Administrator of the Environmental Pro-
tection Agency shall place highest priority on facilities
with releases of hazardous substances which result in ac-
tual ongoing human exposures at levels of public health
concern or adverse health effects as identified in a public
health assessment conducted by the ATSDR or are rea-
sonably anticipated based on currently known facts.’’.
(2) STRATEGIES FOR OBTAINING DATA; COMMU-
NITY
INVOLVEMENT.—Section 
104(i)(6)(D) 
(42
U.S.C. 9604(i)(6)(D)) is amended—
(A) by inserting ‘‘(i)’’ after ‘‘(D)’’; and
(B) by adding at the end the following:
‘‘The President and the Administrator of ATSDR shall
develop strategies to obtain relevant on-site and off-site
characterization data for use in the health assessment.
The President shall, to the maximum extent practicable,
provide the Administrator of ATSDR with the data and
information necessary to make public health assessments
sufficiently prior to the choice of remedial actions to allow
ATSDR to complete these assessments. Where deemed ap-
propriate, the Administrator of ATSDR shall provide to
the President as soon as practicable after site discovery,
recommendations for sampling environmental media for
hazardous substances of public health concern. To the ex-
tent feasible, the President shall incorporate such rec-
ommendations into the President’s site investigation ac-
tivities.
‘‘(ii) In order to improve community involvement in
health assessments, the Administrator of ATSDR shall
carry out each of the following duties:
‘‘(I) The Administrator of ATSDR shall collect
from Community Assistance Groups, from State and
local public health authorities, and from other
sources in communities affected or potentially af-
fected by releases of hazardous substances data re-
garding exposure, relevant human activities, and
other factors.
‘‘(II) The Administrator of ATSDR shall design
health assessments that take into account the needs
and conditions of the affected community. Commu-
nity-based research models, building links to local
expertise, and local health resources should be used.
In preparing such designs, emphasis shall be placed
on collection of actual exposure data, and sources of
multiple exposure shall be considered.’’.
(3) RESULTS
OF
PUBLIC
HEALTH
ASSESS-
MENTS.—Section 
104(i)(6)(H) 
(42 
U.S.C.
9604(i)(6)(H)) is amended by striking ‘‘health as-
sessment’’ each place it appears and inserting ‘‘pub-
lic health assessment’’.
(e) HEALTH STUDIES.—Section 104(i)(7) (42 U.S.C.
9604(i)(7)) is amended by striking ‘‘(7)(A)’’ and all that
follows through the period at the end of subparagraph (A)
and inserting the following:
‘‘(7)(A) Whenever in the judgment of the Adminis-
trator of ATSDR it is appropriate on the basis of the re-
sults of a public health assessment or on the basis of other
appropriate information, the Administrator of ATSDR
shall conduct a human health study of exposure or other
health effects for selected groups or individuals in order
to determine the desirability of conducting full scale epi-
demiologic or other health studies of the entire exposed
population.’’.
(f) DISTRIBUTION OF MATERIALS TO HEALTH PRO-
FESSIONALS
AND
MEDICAL
CENTERS.—Section
104(i)(14) (42 U.S.C. 9604(i)(14)) is amended to read as
follows:
‘‘(14) In implementing this subsection and other
health-related provisions of this Act in cooperation with
the States, the Administrator of ATSDR shall—
‘‘(A) assemble, develop as necessary, and dis-
tribute to the State and local health officials, tribes,
medical colleges, physicians, nursing institutions,
nurses, and other health professionals and medical
centers, appropriate educational materials (including
short courses) on the medical surveillance, screening,
and methods of prevention, diagnosis, and treatment
of injury or disease related to exposure to hazardous
substances (giving priority to those listed in para-
graph (2)), through means the Administrator of
ATSDR considers appropriate; and
‘‘(B) assemble, develop as necessary, and dis-
tribute to the general public and to at-risk popu-
lations appropriate educational materials and other
information on human health effects of hazardous
substances.’’.
(g) GRANTS, CONTRACTS, AND COMMUNITY ASSIST-
ANCE
ACTIVITIES.—Section 
104(i)(15) 
(42 
U.S.C.
6904(i)(15)) is amended—
(1) by inserting ‘‘(A)’’ before ‘‘The activities’’;
(2) in the first sentence by striking ‘‘coopera-
tive agreements with States (or political subdivisions
thereof)’’ and inserting ‘‘grants, cooperative agree-
ments, or contracts with States (or political subdivi-
sions thereof), other appropriate public authorities,
public or private institutions, colleges, universities,
and professional associations’’;
(3) in the second sentence by inserting ‘‘public’’
before ‘‘health assessments’’; and
(4) by adding at the end the following:
‘‘(B) When a public health assessment is conducted
at a facility on the National Priorities List, or a facility
is being evaluated for inclusion on the National Priorities
List, the Administrator of ATSDR may provide the assist-
ance specified in this paragraph to public or private non-
profit entities, individuals, and community-based groups
that may be affected by the release or threatened release
of hazardous substances in the environment.
‘‘(C) The Administrator of ATSDR, pursuant to the
grants, cooperative agreements, and contracts referred to
in this paragraph, is authorized and directed to provide,
where appropriate, diagnostic services, health data reg-
istries and preventative public health education to commu-
nities affected by the release of hazardous substances.’’.
(h) PEER REVIEW COMMITTEE.—Section 104(i) (42
U.S.C. 6904(i)) is amended by adding at the end the fol-
lowing:
‘‘(19) The Administrator of ATSDR shall establish
an external peer review committee of qualified health sci-
entists who serve for fixed periods and meet periodically
to—
‘‘(A) provide guidance on initiation of studies;
‘‘(B) assess the quality of study reports funded
by the agency; and
‘‘(C) provide guidance on effective and objective
risk characterization and communication.
The peer review committee may include additional specific
experts representing a balanced group of stakeholders on
an ad hoc basis for specific issues. Meetings of the com-
mittee should be open to the public.’’.
SEC. 222. INDIAN HEALTH PROVISIONS.
Section 104(i) (42 U.S.C. 9406(i)) is amended—
(1) in paragraph (1) by inserting ‘‘the Indian
Health Service,’’ after ‘‘the Secretary of Transpor-
tation,’’;
(2) in paragraph (5)(A) by inserting ‘‘and the
Indian Health Service’’ after ‘‘Public Health Serv-
ice’’;
(3) in paragraph (6)(C) by inserting ‘‘where low
population density is not used as an excluding risk
factor’’ after ‘‘health appears highest’’;
(4) by adding at the end of paragraph (6)(E)
the following: ‘‘If the Administrator of ATSDR or
the Administrator of EPA does not act on the rec-
ommendations of the State, the Administrators must
respond in writing to the State or tribe as to why
they have not acted on the recommendations.’’;
(5) in paragraph (6)(F)—
(A) by striking ‘‘and’’ after ‘‘emissions,’’;
and
(B) by inserting ‘‘, and any other pathways
resulting from subsistence activities’’ after
‘‘food chain contamination’’; and
(6) by striking the period at the end of para-
graph (6)(G) and inserting the following: ‘‘, and may
give special consideration, where appropriate, to any
practices of the affected community that may result
in increased exposure to hazardous substances, pol-
lutants, or contaminants, such as subsistence hunt-
ing, fishing, and gathering.’’.
SEC. 223. HAZARD RANKING SYSTEM.
Section 105(c) (42 U.S.C. 9605(c)) is amended by
adding at the end the following:
‘‘(5) RISK PRIORITIZATION.—In setting prior-
ities under subsection (a)(8), the President shall
place highest priority on facilities with releases of
hazardous substances which result in actual ongoing
human exposures at levels of public health concern
or demonstrated adverse health effects as identified
in a health assessment conducted by the Agency for
Toxic Substances and Disease Registry or are rea-
sonably anticipated based on currently known facts.
‘‘(6) PRIOR
RESPONSE
ACTION.—Any evalua-
tion under this section shall take into account all
prior response actions taken at a facility.’’.
SEC. 224. FACILITY SCORING.
Section 105 (42 U.S.C. 9605) is amended by adding
at the end the following:
‘‘(h) FACILITY SCORING.—The Administrator shall
evaluate areas, such as Indian reservations or poor rural
communities that warrant special attention and identify
up to 5 facilities in each region of the Environmental Pro-
tection Agency that are likely to warrant inclusion on the
National Priorities List. These facilities shall be accorded
a priority in evaluation for National Priorities List listing
and scoring, and shall be evaluated for listing within 2
years after the date of enactment of this subsection.’’.
TITLE III—LIABILITY REFORM
SEC. 301. AMENDMENTS TO SECTION 106.
(a) ADMINISTRATIVE ORDERS.—Section 106(a) (42
U.S.C. 9606(a)) is amended by adding at the end the fol-
lowing: ‘‘No order may be issued under this section
against any person who would not be liable for costs or
damages referred to in section 107(a). In any case in
which the President issues an order to a person under this
subsection, the President shall provide information con-
cerning the evidence that indicates that each element of
liability contained in section 107(a) is present.’’.
(b) SUFFICIENT
CAUSE.—Section 106(b)(1) (42
U.S.C. 9606(b)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’;
(2) by striking ‘‘to enforce such order’’;
(3) by inserting before the period ‘‘, or be re-
quired to comply with such order, or both, even if
another person has complied, or is complying, with
the terms of the same order or another order per-
taining to the same facility and release or threatened
release’’; and
(4) by inserting at the end the following:
‘‘(B) For purposes of this subsection and section
107(c)(3), a ‘sufficient cause’ includes an objectively rea-
sonable belief by the person to whom the order is issued
that—
‘‘(i) the person is not liable for any response
costs under section 107; or
‘‘(ii) that the action to be performed pursuant
to the order is inconsistent with the national contin-
gency plan.’’.
(c) LIMITATION ON LIABLE PARTIES.—Section 106
is further amended by adding at the end the following:
‘‘(d) LIMITATION ON LIABLE PARTIES.—No Federal
agency or department with authority to use the imminent
hazard, enforcement, and emergency response authorities
under this section may use such authorities with respect
to a release or threatened release for which such agency
or department is a potentially responsible party under sec-
tion 107.’’
SEC. 302. AMENDMENTS TO SECTION 107(a).
(a) IN GENERAL.—Section 107 (42 U.S.C. 9607) is
amended by striking the section heading, the section des-
ignation, and subsection (a) and inserting the following:
‘‘SEC. 107. LIABILITY.
‘‘(a) GENERAL RULE.—
‘‘(1) PERSONS LIABLE.—Notwithstanding any
other provision or rule of law and subject only to the
defenses set forth in subsection (b) of this section
and the exemptions set forth in subsections (n) and
(o), in the case of a facility or vessel from which
there is a release, or a threatened release, of a haz-
ardous substance that causes the incurrence of re-
sponse costs the following persons shall be liable for
the costs and damages described in paragraph (2):
‘‘(A) the owner or operator of the vessel or
the facility;
‘‘(B) any person who at the time of dis-
posal of any hazardous substance owned or op-
erated any facility at which such hazardous
substances were disposed of;
‘‘(C) any person who by contract, agree-
ment, or otherwise arranged for disposal or
treatment, or arranged with a transporter for
transport for disposal or treatment, of haz-
ardous substances owned or possessed by such
person, by any other party or entity, at any fa-
cility or incineration vessel owned or operated
by another party or entity and containing such
hazardous substances; and
‘‘(D) any person who accepts or accepted
any hazardous substances for transport to dis-
posal or treatment facilities, incineration vessels
or sites selected by such person.
‘‘(2) COSTS AND DAMAGES.—The liability of a
person under paragraph (1) shall be for—
‘‘(A) any costs of response incurred by the
United States Government or a State or an In-
dian tribe not unnecessary and not inconsistent
with the national contingency plan;
‘‘(B) any necessary costs of response in-
curred by any person (other than the United
States, a State, or an Indian tribe) consistent
with the national contingency plan;
‘‘(C) damages for injury to, destruction of,
or loss of natural resources, including the rea-
sonable costs of assessing such injury, destruc-
tion, or loss resulting from the release; and
‘‘(D) the costs of any health assessment or
health effects study carried out under section
104(i).
‘‘(3) INTEREST.—The amounts recoverable in
an action under this section shall include interest on
the amounts recoverable under paragraph (2). Such
interest shall accrue from the later of (A) the date
payment of a specified amount is demanded in writ-
ing, or (B) the date of the expenditure concerned.
The rate of interest on the outstanding unpaid bal-
ance of the amounts recoverable under this section
shall be the same rate as is specified for interest on
investments of the Hazardous Substance Superfund
established under subchapter A of chapter 98 of the
Internal Revenue Code of 1986. For purposes of ap-
plying such amendments to interest under this sub-
section, the term ‘comparable maturity’ shall be de-
termined with reference to the date on which inter-
est accruing under this subsection commences.’’.
(b) CONFORMING AMENDMENTS.—The Act is further
amended—
(1) in section 101(20) (42 U.S.C. 9601) by
striking ‘‘section 107(a)(3) or (4)’’ each place it ap-
pears and inserting ‘‘section 107(a)(1)(C) or
107(a)(2)(D)’’;
(2) in section 107 (42 U.S.C. 9607)—
(A) in subsection (d)(3) by striking ‘‘the
provisions of paragraph (1), (2), (3), or (4) of
subsection (a) of this section’’ and inserting
‘‘subsection (a)’’;
(B) in subsection (f)(1) by striking ‘‘sub-
paragraph (C) of subsection (a)’’ each place it
appears and inserting ‘‘subsection (a)(2)(C)’’;
(C) in subsection (l)(1) by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraph (1)(A)’’;
and
(D) in subsection (m) by striking ‘‘sub-
section 
(a)(1)’’ 
and 
inserting 
‘‘subsection
(a)(1)(A)’’;
(3) in section 108(a)(1) (42 U.S.C. 9608(a)(1))
by striking ‘‘paragraph (1)’’ and inserting ‘‘para-
graph (1)(A)’’;
(4) 
in 
section 
114(c)(1) 
(42 
U.S.C.
9614(c)(1))—
(A) by striking ‘‘(a)(3) or (a)(4)’’ and in-
serting ‘‘(a)(1)(C) or (a)(1)(D)’’; and
(B) by striking ‘‘(a)(1) or (a)(2)’’ and in-
serting ‘‘(a)(1)(A) or (a)(1)(B)’’;
(5) in section 119(d) (42 U.S.C. 9619(d)) by
striking ‘‘(1), (2), (3) or (4)’’ and inserting ‘‘(1)(A),
(1)(B), (1)(C), or (1)(D)’’;
(6) in section 122(j)(2) (42 U.S.C. 9622(j)(2))
by 
striking 
‘‘107(a)(4)(C)’’ 
and 
inserting
‘‘107(a)(2)(C)’’; and
(7) in section 124(b)(2) (42 U.S.C. 9624(b)(2))
by striking ‘‘(1), (2), (3), or (4)’’ and inserting
‘‘(1)(A), (1)(B), (1)(C), or (1)(D)’’.
SEC. 303. INNOCENT PARTIES.
(a) LIABILITY RELIEF FOR INNOCENT PARTIES.—
Section 107(b) (42 U.S.C. 9607(b)) is amended to read
as follows:
‘‘(b) DEFENSES TO LIABILITY.—
‘‘(1) IN GENERAL.—There shall be no liability
under subsection (a) for a person otherwise liable
who can establish by a preponderance of the evi-
dence that the release or threat of release of a haz-
ardous substance and the damages resulting there-
from were caused solely by—
‘‘(A) an act of God;
‘‘(B) an act of war;
‘‘(C) an act or omission of a third party
other than an employee or agent of the defend-
ant, or other than one whose act or omission
occurs in connection with a contractual relation-
ship, existing directly or indirectly, with the de-
fendant (except where the sole contractual ar-
rangement arises exclusively from a contract for
carriage by a common carrier by rail), if the de-
fendant establishes by a preponderance of the
evidence that (i) the defendant exercised due
care with respect to the hazardous substance
concerned, taking into consideration the charac-
teristics of such hazardous substance, in light
of all relevant facts, circumstances, and gen-
erally accepted good commercial and customary
standards and practices at the time of the de-
fendant’s acts or omissions, and (ii) the defend-
ant took precautions against foreseeable acts or
omissions of any such third party and the con-
sequences that could foreseeably result from
such acts or omissions; or
‘‘(D) any combination of acts or omissions
described in subparagraphs (A), (B), and (C).
‘‘(2) LIABILITY
RELIEF
FOR
INNOCENT
PAR-
TIES.—
‘‘(A) INNOCENT
OWNERS
OR
OPERA-
TORS.—There shall be no liability under sub-
section (a) for a person whose liability is based
solely on the person’s status as an owner or op-
erator of the facility or vessel and who can es-
tablish by a preponderance of the evidence
that—
‘‘(i) the person acquired the facility or
vessel after the disposal or placement of
the hazardous substances for which liabil-
ity is alleged under subsection (a);
‘‘(ii) the person did not, by any act or
omission, cause or contribute to the release
or threatened release of such hazardous
substances;
‘‘(iii) the person exercised appropriate
care with respect to such hazardous sub-
stances taking into consideration the char-
acteristics of such hazardous substances, in
light of all relevant facts, circumstances,
and generally accepted good commercial
and customary standards and practices at
the time of the defendant’s acts or omis-
sions; and
‘‘(iv) in any case in which the person
acquired ownership of the facility or vessel
after December 11, 1980, the person, prior
to such acquisition, made all appropriate
inquiry into the previous ownership and
uses of the facility or vessel and any real
property in accordance with the generally
accepted commercial and customary stand-
ards and practices of the time of acquisi-
tion.
‘‘(B) INNOCENT RECIPIENTS OF PROPERTY
BY INHERITANCE OR BEQUEST.—There shall be
no liability under subsection (a) for a person
whose liability is based solely on the person’s
status as an owner or operator of the facility or
vessel and who can establish by a preponder-
ance of the evidence that the person meets the
requirements of clauses (i), (ii), and (iii) of sub-
paragraph (A) and that the person acquired the
property by inheritance or bequest.
‘‘(C) INNOCENT RECIPIENTS OF PROPERTY
BY
CHARITABLE
DONATION.—Liability under
subsection (a) shall be limited to the lesser of
the fair market value of the facility or vessel
and the actual proceeds of the sale of the facil-
ity for a person whose liability is based solely
on the person’s status as an owner or operator
of the facility or vessel and who can establish
by a preponderance of the evidence that the
person meets the requirements of clauses (i),
(ii), and (iii) of subparagraph (A) and the per-
son holding title, either outright or in trust, to
the vessel or facility is an organization de-
scribed in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt from tax under
section 501(a) of such Code and holds such title
as a result of a charitable donation that quali-
fies under section 170, 2055, or 2522 of such
Code.
‘‘(D) INNOCENT
GOVERNMENTAL
ENTI-
TIES.—There shall be no liability under sub-
section (a) for a person who is a governmental
entity and whose liability is based solely on—
‘‘(i) the person’s status as an owner
or operator of the facility or vessel if the
person meets the requirements of clauses
(i), (ii), and (iii) of subparagraph (A) and
acquired the facility by escheat or through
any other involuntary transfer or by acqui-
sition through the exercise of eminent do-
main authority; or
‘‘(ii) the granting of a license or per-
mit to conduct business.
‘‘(E) INNOCENT OWNERS OR OPERATORS
OF RIGHTS-OF-WAY.—There shall be no liability
under subsection (a) for a person whose liability
is based solely on ownership or operation of a
road, street, or other right-of-way or public
transportation route (other than railroad rights-
of-way and railroad property) over which haz-
ardous substances are transported if such per-
son can establish by a preponderance of the evi-
dence that the person did not, by any act or
omission, cause or contribute to the release or
threatened release.
‘‘(F) INNOCENT RAILROAD OWNERS OR OP-
ERATORS OF SPUR TRACK.—There shall be no
liability under subsection (a) for a person whose
liability is based solely on the status of the per-
son as a railroad owner or operator of a spur
track, including 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 railroad owner or operator if such person
can establish by a preponderance of the evi-
dence that—
‘‘(i) the spur track provides access to
a main line or branch line track that is
owned or operated by the railroad;
‘‘(ii) the spur track is 10 miles long or
less; and
‘‘(iii) the railroad owner or operator
did not cause or contribute to a release or
threatened release of the hazardous sub-
stances for which liability is alleged under
subsection (a).
‘‘(G) INNOCENT CONSTRUCTION CONTRAC-
TORS.—There shall be no liability under sub-
section (a) for a person who is a construction
contractor (other than a response action con-
tractor covered by section 119) if such person
can establish by a preponderance of the evi-
dence that—
‘‘(i) the person’s liability is based sole-
ly on construction activities that were spe-
cifically directed by and carried out in ac-
cordance with a contract with an owner or
operator of the facility;
‘‘(ii) the person did not know or have
reason to know of the presence of haz-
ardous substances at the facility concerned
before beginning construction activities;
and
‘‘(iii) the person exercised appropriate
care with respect to the hazardous sub-
stances discovered in the course of per-
forming the construction activity, including
precautions against foreseeable acts of
third parties, taking into consideration the
characteristics of such hazardous sub-
stance, in light of all relevant facts, cir-
cumstances, and generally accepted good
commercial and customary standards and
practices at the time of the defendant’s
acts or omissions.
‘‘(3) APPROPRIATE CARE.—
‘‘(A) SITE-SPECIFIC
BASIS.—The deter-
mination whether or not a person has exercised
appropriate care with respect to hazardous sub-
stances within the meaning of paragraph
(2)(A)(iii) shall be made on a site-specific basis
taking into consideration the characteristics of
the hazardous substances, in light of all rel-
evant facts, circumstances, and generally ac-
cepted good commercial and customary stand-
ards and practices at the time of the defend-
ant’s acts or omissions.
‘‘(B) SAFE HARBOR.—A person shall be
deemed to have exercised appropriate care with-
in the meaning of paragraph (2)(A)(iii) if—
‘‘(i) the person took reasonable steps
to stop any continuing release, prevent any
threatened future release, and prevent or
limit human or natural resource exposure
to any previously released hazardous sub-
stance, or
‘‘(ii) where the release or threatened
release of hazardous substances is the sub-
ject of a response action by persons au-
thorized to conduct the response action at
the facility or vessel, the person provides
access for and reasonable cooperation with
the response action.
‘‘(4) ALL APPROPRIATE INQUIRY.—
‘‘(A) SITE-SPECIFIC
BASIS.—The deter-
mination whether or not a person has made all
appropriate inquiry into the previous ownership
and uses of a facility or vessel within the mean-
ing of paragraph (2)(A)(iv) shall be made on a
site-specific basis.
‘‘(B) ASTM SAFE
HARBOR.—A person
who has acquired real property shall be deemed
to have made all appropriate inquiry within the
meaning 
of 
paragraph 
(2)(A)(iv) 
if 
the
person—
‘‘(i) establishes that an environmental
assessment has been conducted in accord-
ance with the standards set forth in the
American Society for Testing and Mate-
rials Standards E1527–94, entitled ‘Stand-
ard Practice for Environmental Site As-
sessments: Phase I Environmental Site As-
sessment Process’ or with alternative
standards issued by rule by the Adminis-
trator or promulgated or developed by oth-
ers and designated by rule by the Adminis-
trator; and
‘‘(ii) maintains a compilation of the
information reviewed and gathered in the
course of the environmental site assess-
ment.
‘‘(C) GOVERNMENTAL REVIEW SAFE HAR-
BOR.—A person who has acquired real property
shall be deemed to have made all appropriate
inquiry within the meaning of paragraph
(2)(A)(iv) if, prior to such acquisition, the per-
son reviewed a determination by a State or
Federal environmental or health agency with ju-
risdiction over response actions at the facility
that no further response action was planned at
the facility or if such facility has been placed in
the Comprehensive Environmental Response,
Compensation, and Liability Information Sys-
tem Archive.
‘‘(5) LIMITATIONS.—No defense shall be avail-
able under this subsection to—
‘‘(A) a person who obtained actual knowl-
edge of a release or threat of release of a haz-
ardous substance at a facility when such person
owned the real property and subsequently
transferred ownership of the property to an-
other person without disclosing such knowledge;
‘‘(B) a person who knowingly and willfully
impedes the performance of a response action
or natural resource restoration at the facility;
‘‘(C) a person who did not provide all le-
gally required notices with respect to the dis-
covery or release of any hazardous substances
at the facility; and
‘‘(D) a person (other than a person de-
scribed in paragraph (2)(B)) who is affiliated
with any other person 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 or by a contract
for the sale of goods or services.
‘‘(6) WINDFALL LIENS.—
‘‘(A) IN GENERAL.—In any case in which
there are unrecovered response costs incurred
by the United States at a facility for which an
owner of the facility is not liable by reason of
paragraph (2), and the conditions described in
subparagraph (C) are met, the United States
shall have a lien upon such facility for such un-
recovered costs.
‘‘(B) SPECIAL RULES.—A lien under this
paragraph—
‘‘(i) shall not exceed the increase in
fair market value of the property attrib-
utable to the response action at the time of
a subsequent sale or other disposition of
the property;
‘‘(ii) shall arise at the time costs are
first incurred by the United States with re-
spect to a response action at the facility;
‘‘(iii) shall be subject to the require-
ments for notice and validity established in
paragraph (3) of subsection (l);
‘‘(iv) shall continue until the earlier of
satisfaction of the lien or recovery of all re-
sponse costs incurred at the facility; and
‘‘(v) shall not arise against a recipient
of a grant under section 127(b) or 127(c)
with respect to such grants.
‘‘(C) CONDITIONS.—The conditions re-
ferred to in subparagraph (A) are the following:
‘‘(i) A response action for which there
are unrecovered costs is carried out at the
facility.
‘‘(ii) The United States has made rea-
sonable efforts to recover such unrecovered
response costs from parties liable under
this section.
‘‘(iii) Such response action increases
the fair market value of the facility above
the fair market value of the facility that
existed in the 6-month period preceding
the date that response action began.
‘‘(D) LIMITATIONS.—No lien under this
paragraph shall arise (i) with respect to prop-
erty for which the property owner preceding the
current owner is not a liable party or has re-
solved its liability under this Act, or (ii) in any
case in which an environmental assessment gave
the owner or operator no reason to know of the
release of hazardous substances.’’.
(b) RENDERING CARE OR ADVICE.—
(1) STATE, 
TRIBAL, 
AND
LOCAL
GOVERN-
MENTS.—Section 107(d)(2) (42 U.S.C. 9607(d)(2))
is amended to read as follows:
‘‘(2) STATE, TRIBAL, AND
LOCAL
GOVERN-
MENTS.—
‘‘(A) IN GENERAL.—No State, tribal, or
local government, including a municipality or
other political subdivision of a State, shall be
liable under this title for costs or damages as
a result of—
‘‘(i) actions taken in response to an
emergency created by the release or threat-
ened release of a hazardous substance gen-
erated by or from a facility owned by an-
other person; or
‘‘(ii) actions to improve water quality
protection at an abandoned mine site and
adjacent lands that are owned by a person
other than the State, tribal, or local gov-
ernment, if such actions are taken in ac-
cordance with a response action approved
under applicable State or Federal law.
‘‘(B) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—This paragraph shall not be con-
strued to preclude liability for costs or damages
as a result of gross negligence or intentional
misconduct by a governmental entity referred to
in subparagraph (A). For the purpose of the
preceding sentence, reckless, willful, or wanton
misconduct shall constitute gross negligence.’’.
(2) SAVINGS
PROVISION.—Section 107(d)(3)
(42 U.S.C. 9607(d)(3)) is amended by striking
‘‘This’’ and inserting ‘‘Except with respect to costs
and damages referred to in paragraphs (1) and
(2)(A), this’’.
(c) CLARIFICATION OF LIABILITY FOR CONTIGUOUS
PROPERTY
OWNERS.—Section 
101(20) 
(42 
U.S.C.
9601(20)) is amended by adding at the end the following:
‘‘(E) The term ‘owner or operator’ does not in-
clude a person who owns or operates real property
that is contiguous to, or onto which a release has
migrated from, a facility that is under separate own-
ership or operation and from which there is a release
or threatened release of a hazardous substance if—
‘‘(i) the person did not, by any act or omis-
sion, cause or contribute to the release or
threatened release of a hazardous substance;
and
‘‘(ii) the person is not affiliated with any
other person that is potentially liable for any
response costs at the facility at which there has
been a release or threatened release of a haz-
ardous substance.’’.
(d) CONFORMING AMENDMENTS.—Title I is further
amended—
(1) in section 101 (42 U.S.C. 9601) by striking
paragraph (35); and
(2) in section 119(b)(1) (42 U.S.C. 9619(b)(1))
by 
striking 
‘‘107(b)(3)’’ 
and 
inserting
‘‘107(b)(1)(C)’’.
SEC. 304. STATUTORY CONSTRUCTION.
Section 107(f) (42 U.S.C. 9607(f)) is amended by
adding at the end the following:
‘‘(3) UNITARY EXECUTIVE.—In any judicial ac-
tion brought under this Act by the United States
seeking recovery for damages to natural resources,
any brief or motion filed by the United States in any
other judicial action seeking recovery from the
United States for damages to natural resources
under this Act, shall be, for purposes of the action
brought by the United States, admissible and
deemed the position of the United States with re-
spect to the interpretation and construction of this
subsection.’’.
SEC. 305. LIVESTOCK TREATMENT.
Section 107(i) (42 U.S.C. 9607(i)) is amended—
(1) by striking ‘‘No person’’ and inserting ‘‘(1)
IN GENERAL.—No person and’’;
(2) by adding at the end the following:
‘‘(2) 
APPLICATION
IN
COMPLIANCE
WITH
LAW.—For the purposes of paragraph (1), the term
‘application of a pesticide product registered under
the Federal Insecticide, Fungicide, and Rodenticide
Act’ includes a release of a hazardous substance re-
sulting from the application, before the date of en-
actment of this paragraph, of any pesticide, insecti-
cide, or similar product in compliance with a Federal
or State law (including a regulation) requiring the
treatment of livestock to prevent, suppress, control,
or eradicate any dangerous, contagious, or infectious
disease or any vector organism for such disease.’’;
and
(3) by indenting and aligning paragraph (1) (as
designated by paragraph (1) of this section) with
paragraph (2) (as added by paragraph (2) of this
section).
SEC. 306. LIABILITY RELIEF FOR SMALL BUSINESSES, MU-
NICIPAL SOLID WASTE, SEWAGE SLUDGE,
AND MUNICIPAL OWNERS AND OPERATORS.
(a) LIMITATION ON LIABILITY FOR SMALL BUSI-
NESSES.—Section 107 (42 U.S.C. 9607) is amended by
adding at the end the following new subsection:
‘‘(o) LIMITATION ON LIABILITY FOR SMALL BUSI-
NESSES.—
‘‘(1) IN
GENERAL.—With respect to actions
taken before March 25, 1999, no small business con-
cern shall be liable under subsection (a)(1)(C) or
(a)(1)(D) for response costs or damages at a facility
or vessel on the National Priorities List.
‘‘(2) LIMITATION.—Paragraph (1) shall not
preclude liability for costs or damages as a result of
gross negligence or intentional misconduct by the
small business concern. For the purpose of the pre-
ceding sentence, reckless, willful, or wanton mis-
conduct shall constitute gross negligence.
‘‘(3) SMALL BUSINESS CONCERN DEFINED.—In
this subsection, the term ‘small business concern’
means a business entity that—
‘‘(A) on average over the previous 3 years,
has no more than 75 full-time employees or the
equivalent thereof; and
‘‘(B) in its taxable year preceding the date
of notification by the President that the busi-
ness entity is a potentially responsible party,
has $3,000,000 or less in gross revenues.’’.
(b) LIABILITY
RELIEF
FOR
MUNICIPAL
SOLID
WASTE AND SEWAGE SLUDGE.—
(1) Section 107 is further amended by adding
at the end the following new subsections:
‘‘(p) LIABILITY EXEMPTION FOR MUNICIPAL SOLID
WASTE AND SEWAGE SLUDGE.—
‘‘(1) IN GENERAL.—Except as provided under
paragraph (2), no person shall be liable under sub-
section (a)(1)(C) or (a)(1)(D) for response costs or
damages at a facility or vessel on the National Pri-
orities List to the extent that the materials that the
person arranged or transported for disposal at the
facility or vessel consist of municipal solid waste or
municipal sewage sludge.
‘‘(2) POST-ENACTMENT ACTIVITIES.—With re-
spect to actions taken on or after the date that is
36 months after the date of the enactment of this
paragraph, no municipality shall be liable under sub-
section (a)(1)(C) or (a)(1)(D) for response costs or
damages at a facility or vessel on the National Pri-
orities List to the extent that the materials that the
municipality arranged or transported for disposal at
the facility or vessel consist of municipal solid waste
or municipal sewage sludge and the municipality in-
stitutes or participates in a qualified household haz-
ardous waste collection program.
‘‘(3) DEFINITIONS.—In this section, the fol-
lowing definitions apply:
‘‘(A) MUNICIPAL SOLID WASTE.—The term
‘municipal solid waste’ means all waste mate-
rials generated by households, including single
and multifamily residences, and hotels and mo-
tels, and waste materials generated by commer-
cial, institutional, and industrial sources, to the
extent that such materials (i) are substantially
similar to waste materials normally generated
by households, notwithstanding differences in
volume, or (ii) waste that is collected and dis-
posed of with other municipal solid waste and,
regardless of when generated, would be consid-
ered conditionally exempt small quantity gener-
ator waste under regulations issued pursuant to
section 3001(d) of the Solid Waste Disposal Act
(42 U.S.C. 6921(d)). The term includes food
and yard waste, paper, clothing, appliances,
consumer product packaging, disposal diapers,
office supplies, cosmetics, glass and metal food
containers, wooden pallets, cardboard, elemen-
tary or secondary school science laboratory
waste, and household hazardous waste, and
wastes that are substantially similar. The term
does not include combustion ash generated by
resource recovery facilities or municipal inciner-
ators; 
solid 
waste 
from 
the 
extraction,
beneficiation, and processing of ores and min-
erals; or waste from manufacturing or proc-
essing operations (including pollution control)
that is not described in clause (i) or (ii), or
both. Volumes of municipal solid waste de-
scribed in clause (i) shall not be considered
when making a determination whether waste is
considered conditionally exempt small quantity
generator waste under clause (ii), regardless of
whether such waste streams are mixed together.
‘‘(B) MUNICIPAL SEWAGE SLUDGE.—The
term ‘municipal sewage sludge’ means solid,
semisolid, or liquid residue removed during the
treatment of municipal waste water, domestic
sewage, or other waste water at or by (i) a pub-
licly owned treatment works, (ii) a federally
owned treatment works, or (iii) a treatment
works that, without regard to ownership, would
be considered to be a publicly owned treatment
works and is principally treating municipal
waste water or domestic sewage.
‘‘(C) 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 semiannual collection of
household hazardous waste at accessible, well-
publicized collection points within the relevant
jurisdiction.
‘‘(q) LIMITATION
ON LIABILITY
FOR MUNICIPAL
OWNERS AND OPERATORS.—
‘‘(1) AGGREGATE LIABILITY OF SMALL MUNICI-
PALITIES.—With respect to a facility that received
municipal solid waste, that was proposed for listing
on the National Priorities List before March 25,
1999, that is or was owned or operated by munici-
palities with a population of less than 100,000 ac-
cording to the 1990 census, and that is not subject
to the criteria for solid waste landfills published
under subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) at part 258 of title 40,
Code of Federal Regulations (or a successor regula-
tion), the aggregate liability of such municipalities
for response costs incurred on or after March 25,
1999, shall be the lesser of—
‘‘(A) 10 percent of the total amount of re-
sponse costs at the facility; or
‘‘(B) the costs of compliance with the re-
quirements of such subtitle for the facility (as
if the facility had continued to accept municipal
solid waste through January 1, 1997).
‘‘(2) AGGREGATE LIABILITY OF LARGE MUNICI-
PALITIES.—With respect to a facility that received
municipal solid waste, that was proposed for listing
on the National Priorities List before March 25,
1999, that is or was owned or operated by munici-
palities with a population of 100,000 or more ac-
cording to the 1990 census, and that is not subject
to the criteria for solid waste landfills published
under subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) at part 258 of title 40,
Code of Federal Regulations (or a successor regula-
tion), the aggregate liability of such municipalities
for response costs incurred on or after March 25,
1999, shall be the lesser of—
‘‘(A) 20 percent of the total amount of re-
sponse costs at the facility; or
‘‘(B) the costs of compliance with the re-
quirements of such subtitle for the facility (as
if the facility had continued to accept municipal
solid waste through January 1, 1997).’’.
(c) INELIGIBILITY
FOR EXEMPTIONS
OR LIMITA-
TIONS.—Section 107 is further amended by adding at the
end the following:
‘‘(r) INELIGIBILITY FOR EXEMPTIONS OR LIMITA-
TIONS.—
‘‘(1) IMPEDING RESPONSE OR RESTORATION.—
The exemptions and limitations set forth in sub-
sections (o), (p), and (q) and sections 114(c) and
130 shall not apply to any person with respect to a
facility if such person impedes the performance of a
response action or natural resource restoration at
the facility.
‘‘(2) FAILURE TO RESPOND TO INFORMATION
REQUEST.—The exemptions and limitations set forth
in subsections (o), (p), and (q) and sections 114(c)
and 130 shall not apply to any person who—
‘‘(A) willfully fails to submit a complete
and timely response to an information request
under section 104(e); or
‘‘(B) knowingly makes any false or mis-
leading material statement or representation in
any such response.
‘‘(3) FAILURE TO PROVIDE COOPERATION AND
FACILITY ACCESS.—The limitation set forth in sub-
section (q) shall not apply to any owner or operator
of a facility who does not provide reasonable co-
operation and facility access to persons authorized to
conduct response actions at the facility.’’.
(d) EXEMPT PARTY FUNDING.—Section 107 is fur-
ther amended by adding at the end the following:
‘‘(s) EXEMPT PARTY FUNDING.—
‘‘(1) EXEMPT
PARTY
FUNDING.—Except as
provided in paragraph (2), the equitable share of li-
ability under section 107(a) for any release or
threatened release of a hazardous substance from a
facility or vessel on the National Priorities List that
is extinguished—
‘‘(A) through an exemption under sub-
section (o) or (p) of this section, section 114(c),
or section 130, or
‘‘(B) through a limitation on liability
under subsection (q) of this section,
shall be transferred to and assumed by the Trust
Fund.
‘‘(2) CERTAIN MSW GENERATORS.—Paragraph
(1) shall not apply to the equitable share of liability
of any person who would have been liable under
under subsection (a)(1)(C) but for the exemption
from liability under subsection (p) and who is—
‘‘(A) an owner, operator, or lessee of resi-
dential property;
‘‘(B) a business entity that employs no
more than 100 individuals and is a small busi-
ness concern as defined under the Small Busi-
ness Act (15 U.S.C. 631 et seq.); or
‘‘(C) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of
such Code if such organization employs no more
than 100 paid individuals at the involved chap-
ter, office, or department.
‘‘(3) SOURCE OF FUNDS.—Payments made by
the Trust Fund or work performed on behalf of the
Trust Fund to meet the obligations under paragraph
(1) shall be funded from amounts made available by
section 111(a)(1).
‘‘(t) EFFECT ON CONCLUDED ACTIONS.—The ex-
emptions from and limitations on liability provided under
subsection (o), (p), and (q) and sections 114(c) and 130
shall not affect any concluded judicial or administrative
action against a person otherwise covered by such exemp-
tion or limitation.’’.
(e) SMALL BUSINESS OMBUDSMAN.—The Adminis-
trator shall establish a small business Superfund assist-
ance section within the small business ombudsman office
at the Environmental Protection Agency. Such section
shall carry out the following functions:
(1) Act as a clearinghouse of information for
small businesses regarding the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980. Such information shall be comprehen-
sible to a lay person and shall include information
regarding the exemptions to liability under section
107 of such Act, the allocation process under section
131 of such Act, requirements and procedures for
expedited settlements pursuant to section 122(g) of
such Act, and de minimis status and ability-to-pay
procedures.
(2) Provide general advice and assistance to
small businesses as to their questions and problems
concerning liability and the exemptions to liability
under such Act and the allocation and settlement
processes, except that such advice and assistance
shall not include any legal advice as to liability or
any other legal representation. The ombudsman
shall not participate in the allocation process.
SEC. 307. AMENDMENTS TO SECTION 113.
Section 113(f) (42 U.S.C. 9613(f)) is amended—
(1) by adding at the end the following new
paragraph:
‘‘(4) LIMITATIONS
ON
CONTRIBUTION
AC-
TIONS.—
‘‘(A) IN
GENERAL.—There shall be no
right of contribution under this subsection in
any of the following circumstances:
‘‘(i) The person asserting the right of
contribution has waived the right in a set-
tlement pursuant to this Act.
‘‘(ii) The person from whom contribu-
tion is sought is not liable under this Act.
‘‘(iii) The person from whom con-
tribution is sought has entered into a set-
tlement with the United States pursuant to
section 122(g), with respect to matters ad-
dressed in that settlement.
‘‘(B) ATTORNEYS’ FEES.—Any person who
commences an action for contribution shall be
liable to the person against whom the claim of
contribution is brought for all reasonable costs
of defending against the claim, including all
reasonable attorneys’ and expert witness fees,
if—
‘‘(i) the action is barred by subpara-
graph (A);
‘‘(ii) the action is brought against a
person who is protected from such suits
pursuant to section 113(f)(2) by reason of
a settlement with the United States; or
‘‘(iii) the action is brought during the
moratorium pursuant to section 131 (relat-
ing to allocation).’’.
SEC. 308. LIABILITY OF RESPONSE ACTION CONTRACTORS.
(a) EXTENSION OF NEGLIGENCE STANDARD.—Sub-
section (a) of section 119 (42 U.S.C. 9619(a)) is amended
as follows:
(1) In paragraph (1) by striking ‘‘title or under
any other Federal law’’ and inserting ‘‘title, under
any other Federal law or under the law of any State
or political subdivision of a State’’.
(2) By adding at the end of paragraph (1) the
following: ‘‘Notwithstanding the preceding sentence,
this section shall not apply in determining the liabil-
ity of a response action contractor under the law of
any State or political subdivision thereof if the State
has enacted a law determining the liability of a re-
sponse action contractor.’’.
(3) By adding at the end of paragraph (2) the
following: ‘‘Such conduct shall be evaluated based on
the generally accepted standards and practices in ef-
fect at the time and place that the conduct oc-
curred.’’.
(b) CLARIFICATION OF LIABILITY.—Section 119(a)
(42 U.S.C. 9219(a)) is amended by inserting after para-
graph (4) the following:
‘‘(5) LIABILITY.—Notwithstanding any other
provision of this Act, any liability of a response ac-
tion contractor under this Act shall be determined
solely in accordance with this section.’’.
(c) EXTENSION OF INDEMNIFICATION AUTHORITY.—
Section 119(c) is amended by adding at the end of para-
graph (1) the following: ‘‘Any such agreement may apply
to claims for negligence arising under Federal law or
under the law of any State or political subdivision of a
State.’’.
(d) INDEMNIFICATION
FOR
THREATENED
RE-
LEASES.—Section 119(c)(5) is amended in subparagraph
(A) by inserting ‘‘or threatened release’’ after ‘‘release’’
each place it appears.
(e) EXTENSION OF COVERAGE TO ALL RESPONSE
ACTIONS.—Section 119(e)(1) is amended as follows:
(1) By striking ‘‘carrying out an agreement
under section 106 or 122’’.
(2) By striking ‘‘any remedial action under this
Act at a facility listed on the National Priorities
List, or any removal action under this Act,’’ and in-
serting ‘‘any response as defined by section
101(25),’’.
(f) LIMITATION ON ACTIONS.—Section 119 is amend-
ed by adding at the end the following:
‘‘(h) LIMITATION ON ACTIONS AGAINST RESPONSE
ACTION CONTRACTORS.—No action to recover for any in-
jury to property, real or personal, or for bodily injury or
wrongful death, or any other expenses or costs arising out
of the performance of services under a response action
contract, nor any action for contribution or indemnity for
damages sustained as a result of such injury, shall be
brought against any response action contractor more than
6 years after the completion of work at any site under
such contract. Notwithstanding the preceding sentence,
this section shall not—
‘‘(1) bar recovery for a claim caused by the con-
duct of the response action contractor that is grossly
negligent or that constitutes intentional misconduct;
‘‘(2) affect any right of indemnification that
such response action contractor may have under this
section or may acquire by written agreement with
any party; or
‘‘(3) apply in any State or political subdivision
thereof if the State has enacted a statute of repose
determining the liability of a response action con-
tractor.’’.
SEC. 309. AMENDMENTS TO SECTION 122.
(a) ADMINISTRATIVE SETTLEMENTS.—Section 122
(42 U.S.C. 9622) is amended by adding at the end the
following:
‘‘(n) CHALLENGE TO COST RECOVERY COMPONENT
OF SETTLEMENT.—Notwithstanding the limitations on re-
view in section 113(h), and except as provided in sub-
section (g) of this section, a person whose potential claim
for response costs or contribution is limited as a result
of contribution protection afforded by an administrative
settlement under this section may challenge the cost recov-
ery component of such settlement. Such a challenge may
be made only by filing a complaint against the Adminis-
trator in the United States District Court within 60 days
after such settlement becomes final. Venue shall lie in the
district in which the principal office of the appropriate re-
gion of the Environmental Protection Agency is located.
Any review of an administrative settlement shall be limited
to the administrative record, and the settlement shall be
upheld unless the objecting party can demonstrate on that
record that the decision of the President to enter into the
administrative settlement was arbitrary, capricious, or
otherwise not in accordance with law.’’.
(b) FINAL COVENANTS.—Section 122(f) is amended
as follows:
(1) By striking paragraph (1) and inserting the
following:
‘‘(1) FINAL COVENANTS.—The President shall
offer potentially responsible parties who enter into
settlement agreements that are in the public interest
a final covenant not to sue concerning any liability
to the United States under this Act, including a cov-
enant with respect to future liability, for response
actions or response costs addressed in the settle-
ment, if all of the following conditions are met:
‘‘(A) The settling party agrees to perform,
or there are other adequate assurances of the
performance of, a final remedial action author-
ized by the Administrator for the release or
threat of release that is the subject of the set-
tlement.
‘‘(B) The settlement agreement has been
reached prior to the commencement of litigation
against the settling party under section 106 or
107 of this Act with respect to this facility.
‘‘(C) The settling party waives all contribu-
tion rights against other potentially responsible
parties at the facility.
‘‘(D) The settling party (other than a
small business) pays a premium that com-
pensates for the risks of remedy failure; future
liability resulting from unknown conditions; and
unanticipated increases in the cost of any
uncompleted response action, unless the settling
party is performing the response action. The
President shall have sole discretion to deter-
mine the appropriate amount of any such pre-
mium, and such determinations are committed
to the President’s discretion. The President has
discretion to waive or reduce the premium pay-
ment for persons who demonstrate an inability
to pay such a premium.
‘‘(E) The remedial action does not rely on
institutional controls to ensure continued pro-
tection of human health and the environment.
‘‘(F) The settlement is otherwise accept-
able to the United States.’’.
(2) In paragraph (2) by striking ‘‘remedial’’
each place it appears and inserting ‘‘response’’.
(3) By striking paragraph (3) and inserting the
following:
‘‘(3) DISCRETIONARY COVENANTS.—For settle-
ments under this Act for which covenants under
paragraph (1) are not available, the President may,
in his discretion, provide any person with a covenant
not to sue concerning any liability to the United
States under this Act, if the covenant not to sue is
in the public interest. Such covenants shall be sub-
ject to the requirements of paragraph (5). The
President may include any conditions in such cov-
enant not to sue, including the additional condition
referred to in paragraph (5). In determining whether
such conditions or covenants are in the public inter-
est, the President shall consider the nature and
scope of the commitment by the settling party under
the settlement, the effectiveness and reliability of the
response action, the nature of the risks remaining at
the facility, the strength of evidence, the likelihood
of cost recovery, the reliability of any response ac-
tion or actions to restore, replace, or acquire the
equivalent of injured natural resources, the extent to
which performance standards are included in the
order or decree, the extent to which the technology
used in the response action is demonstrated to be ef-
fective, and any other factors relevant to the protec-
tion of human health and the environment.’’.
(4) By striking paragraph (4) and redesig-
nating paragraphs (5) and (6) as paragraphs (4)
and (5), respectively.
(5) In subparagraph (A) of paragraph (5) (as
so redesignated)—
(A) by striking ‘‘remedial’’ and inserting
‘‘response’’;
(B) by striking ‘‘paragraph (2)’’ in the
first sentence and inserting ‘‘paragraph (1) or
(2)’’;
(C) by striking ‘‘de minimis settlements’’
and inserting ‘‘de minimis and other expedited
settlements pursuant to subsection (g) of this
section’’; and
(D) by striking ‘‘the President certifies
under paragraph (3) that remedial action has
been completed at the facility concerned’’, and
inserting ‘‘that the response action that is the
subject of the settlement agreement is se-
lected’’.
(6) In subparagraph (B) of paragraph (5) (as
so redesignated)—
(A) by striking ‘‘In extraordinary cir-
cumstances, the’’ and inserting ‘‘The’’;
(B) by striking ‘‘those referred to in para-
graph (4) and’’;
(C) by striking ‘‘if other terms,’’ and in-
serting ‘‘, if the agreement containing the cov-
enant not to sue provides for payment of a pre-
mium to address possible remedy failure or any
releases that may result from unknown condi-
tions, and if other terms,’’; and
(D) by adding at the end the following:
‘‘The President may waive or reduce the pre-
mium payment for persons who demonstrate an
inability to pay such a premium.’’.
(c) EXPEDITED FINAL SETTLEMENTS.—Section 122
is further amended as follows:
(1) In subsection (g) by striking ‘‘(g)’’ and all
that follows through the period at the end of para-
graph (1) and inserting the following:
‘‘(g) EXPEDITED FINAL SETTLEMENT.—
‘‘(1) PARTIES ELIGIBLE FOR EXPEDITED SET-
TLEMENT.—The President shall, as promptly as pos-
sible, offer to reach a final administrative or judicial
settlement with potentially responsible parties who,
in the judgment of the President, meet the following
conditions for eligibility for an expedited settlement
in subparagraph (A) or (B):
‘‘(A) The potentially responsible party’s in-
dividual contribution to the release of haz-
ardous substances at the facility as an owner or
operator, arranger for disposal, or transporter
for disposal is de minimis. The contribution of
hazardous substance to a facility by a poten-
tially responsible party is de minimis if both of
the following conditions are met:
‘‘(i) The contribution of materials
containing hazardous substances that the
potentially responsible party arranged or
transported for treatment or disposal, or
that were treated or disposed during the
potentially responsible party’s period of
ownership or operation of the facility, is
minimal in comparison to the total volume
of materials containing hazardous sub-
stances at the facility. Such individual con-
tribution is presumed to be minimal if it is
not more than 1 percent of the total vol-
ume of such materials, unless the Adminis-
trator identifies a different threshold based
on site-specific factors.
‘‘(ii) Such hazardous substances do
not present toxic or other hazardous ef-
fects that are significantly greater than
those of other hazardous substances at the
facility.
‘‘(B)(i) The potentially responsible party is
a natural person, a small business, or a munici-
pality and can demonstrate to the United
States an inability or limited ability to pay re-
sponse costs. A party who enters into a settle-
ment pursuant to this subparagraph shall be
deemed to have resolved its liability under this
Act to the United States for all matters ad-
dressed in the settlement.
‘‘(ii) For purposes of this subparagraph,
the following provisions apply:
‘‘(I) In the case of a small business,
the President shall take into consideration
the ability to pay of the business, if re-
quested by the business. The term ‘ability
to pay’ means the President’s reasonable
expectation of the ability of the small busi-
ness to pay its total settlement amount
and still maintain its basic business oper-
ations. Such consideration shall include the
business’s overall financial condition and
demonstrable constraints on its ability to
raise revenues.
‘‘(II) Any business requesting such
consideration shall promptly provide the
President with all relevant information
needed to determine the business’s ability
to pay.
‘‘(III) If the President determines
that a small business is unable to pay its
total settlement amount immediately, the
President shall consider alternative pay-
ment methods as may be necessary or ap-
propriate. The methods to be considered
may include installment payments to be
paid during a period of not to exceed 10
years and the provision of in-kind services.
‘‘(iii) Any municipality which is a poten-
tially responsible party may submit for consid-
eration by the President an evaluation of the
potential impact of the settlement on essential
services that the municipality must provide, and
the feasibility of making delayed payments or
payments over time. If a municipality asserts
that it has additional environmental obligations
besides its potential liability under this Act,
then the municipality may create a list of the
obligations, including an estimate of the costs
of complying with such obligations.
‘‘(iv) Any municipality which is a poten-
tially responsible party may establish an inabil-
ity to pay through an affirmative showing that
such payment of its liability under this Act
would either—
‘‘(I) create a substantial demonstrable
risk that the municipality would default on
existing debt obligations, be forced into
bankruptcy, be forced to dissolve, or be
forced to make budgetary cutbacks that
would substantially reduce current levels of
protection of public health and safety; or
‘‘(II) necessitate a violation of legal
requirements or limitations of general ap-
plicability concerning the assumption and
maintenance of fiscal municipal obliga-
tions.
‘‘(v) This subparagraph does not limit or
affect the President’s authority to evaluate any
person’s ability to pay or to enter into settle-
ments with any person based on that person’s
inability to pay.’’.
(3) By striking paragraphs (2) and (3) of sub-
section (g) and inserting the following:
‘‘(2) BASIS OF DETERMINATION.—Any person
who enters into a settlement pursuant to this sub-
section shall provide any information requested by
the President or by an allocator in accordance with
section 128(l)(1) or section 104(e). The determina-
tion of whether a person is eligible for an expedited
settlement shall be made on the basis of all informa-
tion available to the President at the time the deter-
mination is made. The President’s determination as
to the eligibility of a party that is not a department,
agency, or instrumentality of the United States for
settlement pursuant to this section shall not be sub-
ject to judicial review. If the President determines
that a party is not eligible for a settlement pursuant
to this section, the President shall explain the basis
for that determination in writing to any person who
requests such a settlement.
‘‘(3) ADDITIONAL FACTORS RELEVANT TO SET-
TLEMENTS
WITH
MUNICIPALITIES.—In any settle-
ment with a municipality pursuant to this Act, the
President may take additional equitable factors into
account in determining an appropriate settlement
amount, including the limited resources available to
that party, and any in-kind services that the party
may provide to support the response action at the
facility. In considering the value of in-kind services,
the President shall consider the fair market value of
those services.’’.
(4) In subsection (g)(4) by striking ‘‘$500,000’’
and inserting ‘‘$2,000,000’’.
(5) By striking paragraph (5) of subsection (g)
and inserting the following:
‘‘(5) SMALL BUSINESS DEFINED.—In this sec-
tion, the term ‘small business’ refers to any business
entity that employs no more than 100 individuals
and is a ‘small business concern’ as defined under
the Small Business Act (15 U.S.C. 631 et seq.).’’.
(6) By adding at the end of subsection (g) the
following:
‘‘(7) DEADLINE.—If the President does not
make a settlement offer to a person on or before the
180th day following the date of the President’s de-
termination that such person is eligible for an expe-
dited settlement under this subsection, or on or be-
fore the 180th day following the date of the enact-
ment of this paragraph, whichever is later, such per-
son shall have no further liability under this Act.
100
‘‘(8) PREMIUMS.—In any settlement under this
Act with a small business, the President shall not re-
quire the small business to pay any premium over
and above the small business’s share of liability.’’.
(7) In subsection (h)—
(A) by striking the subsection heading and
inserting the following: ‘‘AUTHORITY TO SET-
TLE CLAIMS
FOR FINES, CIVIL PENALTIES,
PUNITIVE DAMAGES, AND COST RECOVERY.—
’’;
(B) by striking ‘‘costs incurred’’ in the
first sentence of paragraph (1) and inserting
‘‘past and future costs incurred or that may be
incurred’’:
(C) by inserting after ‘‘if the claim has not
been referred to the Department of Justice for
further action.’’ in the first sentence of para-
graph (1) the following: ‘‘The head of any de-
partment or agency with the authority to seek
fines, civil penalties, or punitive damages under
this Act may consider, compromise, and settle
claims for any such fines, civil penalties, or pu-
nitive damages which may otherwise be assessed
in civil administrative or judicial proceedings if
the claim has not been referred to the Depart-
101
ment of Justice for further action. If the total
claim for response costs, fines, civil penalties, or
punitive damages exceeds $3,000,000, such
claim may be compromised and settled only
with the prior written approval of the Attorney
General.’’;
(D) by striking ‘‘$500,000 (excluding in-
terest), any claim referred to in the preceding
sentence’’ in the second sentence of paragraph
(1) and inserting ‘‘$2,000,000 (excluding inter-
est), any claim for response costs referred to
in this subsection’’; and
(E) by striking paragraph (4).
(d) MUNICIPALITY
DEFINED.—Section 101 (42
U.S.C. 9601), as amended by section 303(d) of this Act,
is further amended by inserting after paragraph (34) the
following:
‘‘(35) The term ‘municipality’ means a political sub-
division of a State, including a city, county, village, town,
township, borough, parish, school district, sanitation dis-
trict, water district, or other public entity performing local
governmental functions. The term also includes a natural
person acting in the capacity of an official, employee, or
agent of any entity referred to in the preceding sentence
in the performance of governmental functions.’’.
102
SEC. 310. CLARIFICATION OF LIABILITY FOR RECYCLING
TRANSACTIONS.
(a) RECYCLING TRANSACTIONS.—Title I (42 U.S.C.
9601 et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 130. RECYCLING TRANSACTIONS.
‘‘(a) LIABILITY CLARIFICATION.—As provided in
subsections (b), (c), (d), (e), and (f), a person who ar-
ranged for the recycling of recyclable material or trans-
ported such material shall not be liable under sections
107(a)(1)(C) and 107(a)(1)(D) with respect to such mate-
rial.
‘‘(b) RECYCLABLE MATERIAL DEFINED.—For pur-
poses of this section, the term ‘recyclable material’
means—
‘‘(1) plastic, glass, textiles, rubber (other than
whole tires), and metal, as well as minor amounts of
material incident to or adhering to the scrap mate-
rial as a result of its normal and customary use
prior to becoming scrap; except that such term shall
not include shipping containers of a capacity from
30 liters to and including 3,000 liters, whether in-
tact or not, having any hazardous substances (but
not metal bits or pieces or hazardous substances
that form an integral part of the container) con-
tained in or adhering thereto;
103
‘‘(2) spent lead-acid, spent nickel-cadmium, and
other spent batteries; and
‘‘(3) used oil.
‘‘(c) TRANSACTIONS INVOLVING SCRAP, PLASTIC,
GLASS, TEXTILES, OR RUBBER.—
‘‘(1) IN GENERAL.—Transactions involving re-
cyclable materials that consist of scrap plastic, scrap
glass, scrap textiles, or scrap rubber (other than
whole tires) shall be deemed to be arranging for re-
cycling if the person who arranged for the trans-
action (by selling recyclable material or otherwise ar-
ranging for the recycling of recyclable material) can
demonstrate by a preponderance of the evidence that
all of the following criteria were met at the time of
the transaction:
‘‘(A) The recyclable material met a com-
mercial specification grade.
‘‘(B) A market existed for the recyclable
material.
‘‘(C) A substantial portion of the recyclable
material was made available for use as a feed-
stock for the manufacture of a new saleable
product.
‘‘(D) The recyclable material could have
been a replacement or substitute for a virgin
104
raw material, or the product to be made from
the recyclable material could have been a re-
placement or substitute for a product made, in
whole or in part, from a virgin raw material.
‘‘(E) For transactions occurring on or
after the 90th day following the date of the en-
actment of this section, the person exercised
reasonable care to determine that the facility
where the recyclable material would be handled,
processed, reclaimed, or otherwise managed by
another person (hereinafter in this section re-
ferred to as a ‘consuming facility’) was in com-
pliance with substantive (not procedural or ad-
ministrative) provisions 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 management ac-
tivities associated with the recyclable material.
‘‘(2) REASONABLE CARE.—For purposes of this
subsection, ‘reasonable care’ shall be determined
using criteria that include—
‘‘(A) the price paid in the recycling trans-
action;
105
‘‘(B) the ability of the person to detect the
nature of the consuming facility’s operations
concerning its handling, processing, reclama-
tion, or other management activities associated
with the recyclable material; and
‘‘(C) the result of inquiries made to the ap-
propriate Federal, State, or local environmental
agency (or agencies) regarding the consuming
facility’s past and current compliance with sub-
stantive (not procedural or administrative) pro-
visions of any Federal, State, or local environ-
mental law or regulation, or compliance order
or decree issued pursuant thereto, applicable to
the handling, processing, reclamation, storage,
or other management activities associated with
the recyclable material.
‘‘(3) TREATMENT OF CERTAIN REQUIREMENTS
AS SUBSTANTIVE PROVISIONS.—For purposes of this
subsection, a requirement to obtain a permit applica-
ble to the handling, processing, reclamation, or other
management activities associated with the recyclable
materials shall be deemed to be a substantive provi-
sion.
‘‘(d) TRANSACTIONS INVOLVING SCRAP METAL.—
106
‘‘(1) IN GENERAL.—Transactions involving re-
cyclable materials that consist of scrap metal shall
be deemed to be arranging for recycling if the per-
son who arranged for the transaction (by selling re-
cyclable material or otherwise arranging for the re-
cycling of recyclable material) can demonstrate by a
preponderance 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 issues under
the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) after the date of the enactment of this
section and with regard to transactions occur-
ring after the effective date of such regulations
or standards; and
‘‘(C) the person did not melt the scrap
metal prior to the transaction.
‘‘(2) MELTING
OF
SCRAP
METAL.—For pur-
poses of paragraph (1)(C), melting of scrap metal
107
does not include the thermal separation of 2 or more
materials due to differences in their melting points
(referred to as ‘sweating’).
‘‘(3) SCRAP
METAL
DEFINED.—In this sub-
section, the term ‘scrap metal’ means bits and pieces
of metal parts (such as bars, turnings, rods, sheets,
and wire) or metal pieces that may be combined to-
gether with bolts or soldering (such as radiators,
scrap automobiles, and railroad box cars) which
when worn or superfluous can be recycled, except for
scrap metals that the Administrator excludes from
this definition by regulation and electrical equipment
that contains polychlorinated biphenyls.
‘‘(e) TRANSACTIONS INVOLVING BATTERIES.—
‘‘(1) IN GENERAL.—Transactions involving re-
cyclable materials that consist of spent lead-acid bat-
teries, spent nickel-cadmium batteries, or other
spent batteries shall be deemed to be arranging for
recycling if the person who arranged for the trans-
action (by selling recyclable material or otherwise ar-
ranging for the recycling of recyclable material) can
demonstrate by a preponderance 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 spent lead-
108
acid batteries, spent nickel-cadmium batteries,
or other spent batteries but did not recover the
valuable components of such batteries; and
‘‘(B)(i) with respect to transactions involv-
ing lead-acid batteries, the person was in com-
pliance with applicable Federal environmental
regulations or standards, and any amendments
thereto, regarding the storage, transport, man-
agement, or other activities associated with the
recycling of spent lead-acid batteries;
‘‘(ii) with respect to transactions involving
nickel-cadmium 
batteries, 
Federal 
environ-
mental regulations or standards were in effect
regarding the storage, transport, management,
or other activities associated with the recycling
of spent nickel-cadmium batteries and the per-
son was in compliance with such regulations or
standards and any amendments thereto; or
‘‘(iii) with respect to transactions involving
other spent batteries, Federal environmental
regulations or standards were in effect regard-
ing the storage, transport, management, or
other activities associated with the recycling of
such batteries and the person was in compliance
109
with such regulations or standards and any
amendments thereto.
‘‘(2) RECOVERY OF VALUABLE BATTERY COM-
PONENTS.—For purposes of paragraph (1)(A), a
person who, by contract, arranges or pays for proc-
essing of batteries by an unrelated third person and
receives from such third person materials reclaimed
from such batteries shall not thereby be deemed to
recover the valuable components of such batteries.
‘‘(f) TRANSACTIONS INVOLVING USED OIL.—
‘‘(1) IN GENERAL.—Transactions involving re-
cyclable materials that consist of used oil 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) did not mix the recyclable
material with a hazardous substance following the
removal of the used oil from service and can dem-
onstrate by a preponderance of the evidence that at
the time of the transaction—
‘‘(A) the recyclable material was sent to a
facility that recycled used oil by using it as feed
stock for the manufacture of a new saleable
product;
110
‘‘(B) the person met the criteria specified
in subparagraphs (D) and (E) of subsection
(c)(1), as modified by paragraphs (2) and (3)
of subsection (c), with respect to used oil; and
‘‘(C) regulations or standards for the man-
agement of used oil promulgated under the
Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) were in effect on the date of the trans-
action and the person was in compliance with
such regulations or standards and any amend-
ment thereto.
‘‘(2) USED OIL DEFINED.—In this subsection,
the term ‘used oil’ means any oil that has been re-
fined from crude oil, or any synthetic oil, that has
been used or stored. Such term does not include any
oil that is subject to regulation under section
6(e)(1)(A) of the Toxic Substances Control Act (15
U.S.C. 2605(e)(1)(A)), relating to regulations pre-
scribing methods for disposal of polychlorinated
biphenyls.
‘‘(g) EXCLUSIONS.—
‘‘(1) IN GENERAL.—The exemptions set forth in
subsections (c), (d), (e), and (f) shall not apply if—
111
‘‘(A) the person had an objectively reason-
able basis to believe at the time of the recycling
transaction that—
‘‘(i) the recyclable material would not
be recycled;
‘‘(ii) in the case of recyclable mate-
rials other than used oil, the recyclable ma-
terial would be burned as fuel or for en-
ergy recovery or incineration; or
‘‘(iii) for transactions occurring on or
before the 90th day following the date of
the enactment of this section, the con-
suming facility was not in compliance with
a substantive (not a procedural or adminis-
trative) provision of any Federal, State, or
local environmental law or regulation, or
compliance 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
112
‘‘(C) the person failed to exercise reason-
able care with respect to the management and
handling of the recyclable material (including
adhering to customary industry practices cur-
rent at the time of the recycling transaction de-
signed to minimize, through source control, con-
tamination of the recyclable material by haz-
ardous substances).
‘‘(2) OBJECTIVELY
REASONABLE
BASIS.—For
purposes of paragraph (1)(A), an objectively reason-
able basis for belief shall be determined using cri-
teria that include the size of the person’s business,
customary industry practices (including customary
industry practices current at the time of the recy-
cling transaction designed to minimize, through
source control, contamination of the recyclable mate-
rial by hazardous substances), the price paid in the
recycling transaction, and the ability of the person
to detect the nature of the consuming facility’s oper-
ations concerning its handling, processing, reclama-
tion, or other management activities associated with
the recyclable material.
‘‘(3) TREATMENT OF CERTAIN REQUIREMENTS
AS SUBSTANTIVE PROVISIONS.—For purposes of this
subsection, a requirement to obtain a permit applica-
113
ble to the handling, processing, reclamation, or other
management activities associated with recyclable ma-
terial shall be deemed to be a substantive provision.
‘‘(h) EFFECT ON OWNER LIABILITY.—Nothing in
this section shall be deemed to affect the liability of a per-
son under subparagraph (A) or (B) of section 107(a)(1).
‘‘(i) RELATIONSHIP TO LIABILITY UNDER OTHER
LAWS.—Nothing in this section shall affect—
‘‘(1) liability under any other Federal, State, or
local statute or regulation promulgated pursuant to
any such statute, including any requirements pro-
mulgated by the Administrator under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.); or
‘‘(2) the ability of the Administrator to promul-
gate regulations under any other statute, including
the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
‘‘(j) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to affect any
liability under section 107(a)(1) of any person with re-
spect to any material other than a recyclable material sub-
ject to subsection (a).’’.
(b) SERVICE STATION DEALERS.—Section 114(c)
(42 U.S.C. 9614(c)) is amended—
(1) in paragraph (1)—
114
(A) by striking ‘‘No person’’ and inserting
‘‘A person’’;
(B) by striking ‘‘may recover’’ and insert-
ing ‘‘may not recover’’;
(C) by striking ‘‘if such recycled oil’’ and
inserting ‘‘unless the service station dealer’’;
and
(D) by striking subparagraphs (A) and (B)
and inserting the following:
‘‘(A) mixed the recycled oil with any other
hazardous substance; or
‘‘(B) did not store, treat, transport, or oth-
erwise manage the recycled oil in compliance
with any applicable regulations or standards
promulgated pursuant to section 3014 of the
Solid Waste Disposal Act and other applicable
authorities that were in effect on the date of
such activity.’’; and
(2) by striking paragraph (4).
SEC. 311. ALLOCATION.
Title I (42 U.S.C. 9601 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 131. ALLOCATION.
‘‘(a) PURPOSE OF ALLOCATION.—The purpose of an
allocation under this section is to determine equitable
115
shares of liability for the costs of performing a response
action that is eligible for an allocation under this section,
including the equitable share of liability to be borne by
the Trust Fund under subsection (i).
‘‘(b) ELIGIBLE RESPONSE ACTION.—A response ac-
tion is eligible for an allocation under this section if—
‘‘(1) the performance of such response action is
not the subject of a consent decree or an administra-
tive order as of March 25, 1999; and
‘‘(2) the President’s estimate of the cost of such
response action exceeds $2,000,000.
‘‘(c) ALLOCATION PROCESS.—
‘‘(1) IN GENERAL.—The President shall initiate
an allocation under this section for each eligible re-
sponse action by filing a cost recovery and declara-
tory judgment action under section 107 for costs of
response to a release or threatened release of haz-
ardous substances from a facility or vessel in the
district court of the United States in the district in
which such release occurs.
‘‘(2) STAY.—The President shall seek a stay of
litigation of the action referred to in paragraph (1)
until 150 days after the issuance of an allocator’s
report unless the court determines that a stay will
result in manifest injustice.
116
‘‘(3) JURISDICTION OF THE COURT.—Upon the
filing of the action referred to in paragraph (1), the
court shall have jurisdiction to ensure that a fair
and equitable allocation of liability is undertaken by
a neutral allocator selected by agreement of the par-
ties, or by the court, under such process or proce-
dures as are agreed to by the parties, or ordered by
the court.
‘‘(d) DISCRETIONARY ALLOCATION PROCESS.—Not-
withstanding subsection (a)(1), the President may initiate
an allocation under this section for any response action.
‘‘(e) EARLY OFFER OF SETTLEMENT.—As soon as
practicable and prior to the selection of an allocator, the
President shall provide an estimate of the aggregate Fund
share in accordance with subsection (i). The President
shall offer to contribute to a settlement of liability for re-
sponse costs on the basis of this estimate.
‘‘(f) REPRESENTATION OF THE UNITED STATES AND
AFFECTED STATES.—The Administrator or the Attorney
General, as a representative of the Fund, and a represent-
ative of any State that is or may be responsible pursuant
to section 104(c)(3) for any costs of a response action that
is the subject of an allocation shall be entitled to partici-
pate in the allocation proceeding to the same extent as
any potentially responsible party.
117
‘‘(g) MORATORIUM ON LITIGATION.—
‘‘(1) MORATORIUM ON LITIGATION.—No person
may commence any civil action or assert any claim
under this Act seeking recovery of any response
costs, or contribution toward such costs, in connec-
tion with any response action for which the Presi-
dent has initiated an allocation under this section,
until 150 days after issuance of the allocator’s re-
port or of a report under this section.
‘‘(2) STAY.—If any action or claim referred to
in paragraph (1) is pending on the date of enact-
ment of this section or on the date of initiation of
an allocation, such action or claim (including any
pendant claim under State law over which a court is
exercising jurisdiction) shall be stayed until 150
days after the issuance of the allocator’s report or
of a report under this section, unless the court de-
termines that a stay will result in manifest injustice.
‘‘(3) TOLLING OF LIMITATIONS PERIOD.—Any
applicable limitations period with respect to actions
subject to paragraph (1) shall be tolled from the ear-
lier of—
‘‘(A) the date of listing of the facility on
the National Priorities List, where such listing
118
occurs after the date of enactment of this sec-
tion; or
‘‘(B) the commencement of the allocation
process pursuant to this section, until 180 days
after rejects or waives its right to reject the al-
locator’s report.
‘‘(h) EFFECT ON PRINCIPLES OF LIABILITY.—The
allocation process under this section shall not be construed
to modify or affect in any way the principles of liability
under this title as determined by the courts of the United
States.
‘‘(i) FUND SHARE.—For each response action that
is the subject of an allocation under this section, the allo-
cator shall determine the share of response costs, if any,
to be allocated to the Fund. The Fund share shall consist
of the sum of following amounts:
‘‘(1) The amount attributable to the aggregate
share of response costs that the allocator determines
to be attributable to parties who are not affiliated
with any potentially responsible party and whom the
President determines are insolvent or defunct.
‘‘(2) The amount attributable to the difference
in the aggregate share of response costs that the al-
locator determines to be attributable to parties who
have resolved their liability to the United States for
119
the response and the amount actually assumed by
those parties in any settlement for the response ac-
tion with the United States. Except where such set-
tlements include a consideration of ability to pay,
the allocator may presume that the amount accepted
by the United States in a settlement is that party’s
equitable share.
‘‘(3) Except as provided in subsection (j), the
amount attributable to the aggregate share of re-
sponse costs that the allocator determines to be at-
tributable to persons who are entitled to an exemp-
tion from liability under subsection (o) or (p) of sec-
tion 107 or section 114(c) or 130 at a facility or
vessel on the National Priorities List.
‘‘(4) The amount attributable to the difference
in the aggregate share of response costs that an allo-
cator determines to be attributable to persons sub-
ject to a limitation on liability under section 107(q)
and the amount actually assumed by those parties in
accordance with such limitation.
‘‘(j) 
CERTAIN
MSW 
GENERATORS.—Notwith-
standing subsection (i)(3), the allocator shall not attribute
any response costs to any person who would have been
liable under section 107(a)(1)(C) but for the exemption
from liability under section 107(p) and who is—
120
‘‘(1) an owner, operator, or lessee of residential
property;
‘‘(2) a business entity that employs no more
than 100 individuals and is a small business concern
as defined under the Small Business Act (15 U.S.C.
631 et seq.); or
‘‘(3) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code
if such organization employs no more than 100 paid
individuals at the involved chapter, office, or depart-
ment.
‘‘(k) UNATTRIBUTABLE SHARE.—The share attrib-
utable to the aggregate share of response costs incurred
to respond to materials containing hazardous substances
for which no generator, transporter, or owner or operator
at the time of disposal or placement can be identified shall
be divided pro rata among the potentially responsible par-
ties and the Fund share determined under subsection (i).
‘‘(l) EXPEDITED ALLOCATION.—At the request of the
potentially responsible parties or the United States, to as-
sist in reaching settlement, the allocator may, prior to
reaching a final allocation of response costs among all par-
ties, first provide an estimate of the aggregate Fund
share, in accordance with subsection (i), and an estimate
121
of the aggregate share of the potentially responsible par-
ties.
‘‘(m) OTHER SETTLEMENTS.—The President may
use the authority under section 122(g) to enter into settle-
ment agreements with respect to any response action that
is the subject of an allocation at any time.
‘‘(n) SETTLEMENTS BASED ON ALLOCATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the President shall accept an offer of settlement of
liability for a response action that is the subject of
an allocation if—
‘‘(A) the offer is made within 90 days after
issuance of the allocator’s report; and
‘‘(B) the offer is based on the share of re-
sponse costs specified by the allocator and such
other terms and conditions (other than the allo-
cated share of response costs) as are acceptable
to the President.
‘‘(2) REJECTION
OF
ALLOCATION
REPORT.—
The requirement of paragraph (1) to accept an offer
of settlement shall not apply if the Administrator
and the Attorney General reject the allocation re-
port.
‘‘(o) REIMBURSEMENT FOR UAO PERFORMANCE.—
122
‘‘(1) REIMBURSEMENT.—Parties who satisfac-
torily perform work under an administrative order
issued under section 106(a) with respect to a reme-
dial action for which an allocation is required by
subsection (c) shall be entitled to reimbursement for
the reasonable and necessary costs of work they per-
form in excess of the share assigned to them in the
allocation in accordance with the provisions of this
section if the allocation report is not rejected by the
United States and, that, at the end of the morato-
rium following the allocation, the performing party,
in consideration of such reimbursement—
‘‘(A) agrees not to contest liability for all
response costs not inconsistent with the Na-
tional Contingency Plan to the extent of the al-
located share;
‘‘(B) receives no covenant not to sue; and
‘‘(C) waives contribution rights against all
parties who are potentially responsible parties
for the response action, as well as waives any
rights to challenge any settlement the President
enters into with any other potentially respon-
sible party.
‘‘(2) OFFSET.—Any reimbursement provided to
a performing party under this subsection shall be
123
subject to equitable offset or reduction by the Ad-
ministrator upon a finding of a failure to perform
any aspect of the remedy in a proper and timely
manner.
‘‘(3) TIME OF PAYMENT.—Any reimbursement
to a performing party under this subsection shall be
paid after work is completed, but no sooner than
completion of the construction of the remedial action
and, subject to paragraph (5), without any increase
for interest or inflation.
‘‘(4) LIMIT
ON
AMOUNT
OF
REIMBURSE-
MENT.—The amount of reimbursement under this
subsection shall be further limited as follows:
‘‘(A) Performing parties who waive their
right to challenge remedy selection at the end
of the moratorium following allocation shall be
entitled to reimbursement of actual dollars
spent by each such performing party in excess
of the party’s share and attributable by the al-
locator to the Fund share under subsection (i).
‘‘(B) Performing parties who retain their
right to challenge the remedy shall be reim-
bursed (i) for actual dollars spent by each such
performing party, but not to exceed 90 percent
of the Fund share, or (ii) an amount equal to
124
80 percent of the Fund share if the Fund share
is less than 20 percent of responsibility at the
site.
‘‘(5) REIMBURSEMENT
OF
SHARES
ATTRIB-
UTABLE TO OTHER PARTIES.—If reimbursement is
made under this subsection to a performing party
for work in excess of the performing party’s allo-
cated share that is not attributable to the Fund
share, the performing party shall be entitled to all
interest (prejudgment and post judgment, whether
recovered from a party or earned in a site account)
that has accrued on money recovered by the United
States from other parties for such work at the time
construction of the remedy is completed.
‘‘(6) REIMBURSEMENT CLAIMS.—The Adminis-
trator shall require that all claims for reimburse-
ment be supported by—
‘‘(A) documentation of actual costs in-
curred; and
‘‘(B) sufficient information to enable the
Administrator to determine whether such costs
were reasonable.
‘‘(7) INDEPENDENT AUDITING.—The Adminis-
trator may require independent auditing of any
claim for reimbursement.
125
‘‘(p) POST-SETTLEMENT
LITIGATION.—Following
expiration of the moratorium periods under subsection (g),
the United States may request the court to lift the stay
and proceed with an action under this Act against any
potentially responsible party that has not resolved its li-
ability to the United States following an allocation, seek-
ing to recover response costs that are not recovered
through settlements with other persons. All such actions
shall be governed by the principles of liability under this
Act as determined by the courts of the United States. In
allocating response costs among persons determined by the
court to be liable in such litigation, the court may use the
allocator’s report as a basis for such allocation.
‘‘(q) RESPONSE COSTS.—
‘‘(1) DESCRIPTION.—The following costs shall
be considered response costs for purposes of this
Act:
‘‘(A) Costs incurred by the United States
and the court of implementing the allocation
procedure set forth in this section, including
reasonable fees and expenses of the allocator.
‘‘(B) Costs paid from amounts made avail-
able under section 111(a)(1).
‘‘(2) SETTLED PARTIES.—Any costs of alloca-
tion described in paragraph (1)(A) and incurred
126
after a party has settled all of its liability with re-
spect to the response action or actions that are the
subject of the allocation may not be recovered from
such party.
‘‘(r) FEDERAL, STATE, AND LOCAL AGENCIES.—All
Federal, State, and local governmental departments, agen-
cies, or instrumentalities that are identified as potentially
responsible parties shall be subject to, and be entitled to
the benefits of, the allocation process and allocation deter-
mination provided by this section to the same extent as
any other party.
‘‘(s) SAVINGS PROVISIONS.—Except as otherwise ex-
pressly provided, nothing in this section shall limit or af-
fect the following:
‘‘(1) The President’s—
‘‘(A) authority to exercise the powers con-
ferred by sections 103, 104, 105, 106, 107, or
122;
‘‘(B) authority to commence an action
against a party where there is a contempora-
neous filing of a judicial consent decree resolv-
ing that party’s liability;
‘‘(C) authority to file a proof of claim or
take other action in a proceeding under title 11,
United States Code;
127
‘‘(D) authority to file a petition to preserve
testimony under Rule 27 of the Federal Rules
of Civil Procedure; or
‘‘(E) authority to take action to prevent
dissipation of assets, including actions under
chapter 176 of title 28, United States Code.
‘‘(2) The ability of any person to resolve its li-
ability at a facility to any other person at any time
before or during the allocation process.
‘‘(3) The validity, enforceability, finality, or
merits of any judicial or administrative order, judg-
ment, or decree issued, signed, lodged, or entered,
before the date of enactment of this paragraph with
respect to liability under this Act, or authority to
modify any such order, judgment, or decree with re-
gard to the response action addressed in the order,
judgment or decree.
‘‘(4) The validity, enforceability, finality, or
merits of any pre-existing contract or agreement re-
lating to any allocation of responsibility or any in-
demnity for, or sharing of, any response costs under
this Act.’’.
128
TITLE IV—REMEDY SELECTION
SEC. 401. REMEDY SELECTION.
(a) REMEDY
SELECTION.—Section 121(b) (42
U.S.C. 9621(b)) is amended—
(1) by striking ‘‘(1) Remedial’’ and all that fol-
lows through ‘‘or containment.’’ and inserting the
following:
‘‘(1) HEALTH
AND
ENVIRONMENTAL
STAND-
ARDS.—
‘‘(A) IN
GENERAL.—Final remedies se-
lected under this Act shall protect human
health and the environment.
‘‘(B) EXPOSURE INFORMATION.—Exposure
assessments shall be consistent with the current
and reasonably anticipated uses of land, water,
and other resources as identified under para-
graph (2). The President shall consider and
use, in selecting final remedies under this Act,
information made available to the President on
actual exposure to hazardous substances or pol-
lutants or contaminants, along with other rel-
evant information.
‘‘(C) PLANTS
AND
ANIMALS.—In deter-
mining what is protective of plants and animals
for purposes of this section, the President shall
129
base such determinations on the significance of
impacts from a release or releases of hazardous
substances from a facility to local populations
or communities of plants and animals or eco-
systems. If a species is listed as threatened or
endangered under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) impacts to in-
dividual plants or animals may be considered to
be impacts to populations of plants or animals.
‘‘(2) ANTICIPATED USE OF LAND, WATER, AND
OTHER RESOURCES.—
‘‘(A) IN GENERAL.—For purposes of se-
lecting the method or methods of remediation
appropriate for a given facility, the President
shall identify the current and reasonably antici-
pated uses of land, water, and other resources
at and around the facility and the timing of
such uses.
‘‘(B) INSTITUTIONAL
CONTROLS.—Land
use assumptions restricting future use can be
used in evaluating remedial alternatives only to
the extent that institutional controls meeting
the criteria of subsection (g) have been or will
be adopted in the final remedy.
130
‘‘(C) 
INCLUSION
IN
ADMINISTRATIVE
RECORD.—All information considered by the
President in evaluating current and reasonably
anticipated future land uses under this sub-
section shall be included in the administrative
record under section 113(k).
‘‘(3) SITE-SPECIFIC
RISK
ASSESSMENT.—The
President shall use site-specific risk assessment that
meets the requirements of the principles set forth in
section 132 to—
‘‘(A) determine the nature and extent of
risk to human health and the environment;
‘‘(B) assist in establishing remedial objec-
tives for the facility respecting releases or
threatened releases, and in identifying geo-
graphic areas or exposure pathways of concern;
and
‘‘(C) evaluate alternative remedial actions
for the facility to determine their risk reduction
benefits and assist in selecting the remedial ac-
tion for the facility that meets the criteria of
paragraph (1).
‘‘(4) APPROPRIATE REMEDIAL ACTION.—
‘‘(A) REMEDY
EVALUATION.—The Presi-
dent shall identify appropriate remedial options,
131
including options with a treatment component,
that are designed to meet the standards set
forth in this section within a reasonable period
of time and considering reasonable points of
compliance (as determined by the President)
and shall select an appropriate remedy by bal-
ancing the following factors:
‘‘(i) The effectiveness of the remedy,
including its implementability.
‘‘(ii) The long-term reliability of the
remedy, that is, its capability to achieve
long-term protection of human health and
the environment, including consideration of
the preference for treatment of principal
threats.
‘‘(iii) Any short-term risk posed by
the implementation of the remedy to the
affected community, to those engaged in
the cleanup effort, and to the environment.
‘‘(iv) The acceptability of the remedy
to the affected community, including the
affected local government.
‘‘(v) The reasonableness of the cost of
the remedy.
132
‘‘(B) CONSIDERATION OF TREATMENT AS
A COMPONENT OF A REMEDY.—
‘‘(i) IN GENERAL.—In balancing fac-
tors under subparagraph (A) and deter-
mining the appropriate remedial action,
the President shall give preference to rem-
edies that include a treatment component
for facilities with source materials that
constitute a principal threat.
‘‘(ii) SELECTION OF A REMEDY WITH-
OUT A TREATMENT COMPONENT.—In the
case of a facility containing source mate-
rials that constitute a principal threat, if
the President selects a remedy that does
not include a treatment component, the
President shall publish an explanation of
why such treatment component was not in-
cluded in the remedy.’’;
(2) by striking ‘‘The President’’ and inserting
‘‘(5) PROTECTIVE REMEDIES.—The President’’;
(3) by striking ‘‘If the’’ and all that follows
through ‘‘not selected.’’;
(4) by striking ‘‘(2) The President’’ and insert-
ing the following:
133
‘‘(6) ALTERNATIVE REMEDIAL ACTIONS.—The
President’’; and
(5) by aligning the remainder of the text of
paragraph (6) (as designated by paragraph (4) of
this subsection) accordingly.
(b) APPLICABLE STANDARDS.—Section 121(d) (42
U.S.C. 9621(d)) is amended—
(1) in paragraph (1) by striking the last sen-
tence;
(2) in paragraph (2)(A)—
(A) by inserting ‘‘that is generally applica-
ble, that is consistently applied to response ac-
tions in the State,’’ after ‘‘subparagraph (A),’’;
(B) 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’’;
(C) by striking ‘‘or relevant and appro-
priate’’;
(D) by striking ‘‘Level Goals’’ and insert-
ing ‘‘Levels’’;
(E) by striking ‘‘goals or’’ and inserting
‘‘levels or’’; and
(F) by adding at the end the following:
134
‘‘The President shall closely examine whether a require-
ment is of general applicability under clause (ii) if, in
practice, the requirement only applies to one facility in the
State or if the requirement only applies to facilities owned
or operated by the United States.’’; and
(3) by adding at the end the following:
‘‘(5) EXCLUSIONS.—The standards, require-
ments, criteria, and limitations referred to in para-
graph (2) shall not include—
‘‘(A) any requirement with respect to the
return, replacement, or disposal of contami-
nated media, residuals, or other solid waste or
contaminated media into the same medium in
or very near existing areas of contamination on
site; or
‘‘(B) any requirement for a reduction in
concentrations of contaminants below back-
ground levels.’’.
(c) INSTITUTIONAL CONTROLS.—Section 121 (42
U.S.C. 9621) is amended by adding at the end the fol-
lowing:
‘‘(g) INSTITUTIONAL CONTROLS.—
‘‘(1) ASSURANCES.—In any case in which the
President selects a remedial action that relies on re-
strictions on the use of land, water, or other re-
135
sources or other activities to provide protection, the
President shall ensure that such controls, taken to-
gether with other response measures, are adequate
to protect human health and the environment. Insti-
tutional controls which form a significant portion of
the basis for a finding that a set of remedial options
will adequately protect human health and the envi-
ronment must be—
‘‘(A) enforceable;
‘‘(B) publicly noticed; and
‘‘(C) as appropriate for deed restrictions or
other similar measure, incorporated in the rec-
ordation systems of the appropriate jurisdiction
where the property is located.
The President may allow for a reasonable schedule
for appropriate public notice and recordation.
‘‘(2) IDENTIFICATION
AND
REGISTRY.—Each
record of decision with respect to a facility shall
clearly identify any institutional controls that re-
strict uses of land, water, or other resources or other
activities at the facility. The President shall also
provide the identity of the Government official who
is primarily responsible for monitoring and enforcing
the institutional controls. The President shall main-
tain a registry of restrictions on the use of land,
136
water, or other resources through institutional con-
trols that are included in final records of decision as
part of the basis of decision at National Priorities
List facilities.’’.
(d) REMEDIAL DESIGN.—Section 121 is further
amended by adding at the end the following:
‘‘(h) REMEDIAL DESIGN.—Where appropriate and
practicable, remedial designs for remedies selected under
this section shall seek to accommodate existing beneficial
uses of the contaminated property and shall seek to expe-
dite the return of contaminated property to beneficial use,
including the return to beneficial use of separate areas
within a facility prior to completion of the remedial action
for an entire facility.’’.
SEC. 402. HAZARDOUS SUBSTANCE PROPERTY USE.
Section 104 (42 U.S.C. 9604) is amended by adding
at the end the following:
‘‘(k) HAZARDOUS SUBSTANCE PROPERTY USE.—
‘‘(1) AUTHORITY OF PRESIDENT TO ACQUIRE
EASEMENTS.—In connection with any remedial ac-
tion under this Act, in order to prevent exposure to,
reduce the likelihood of, or otherwise respond to a
release or threatened release of a hazardous sub-
stance, pollutant, or contaminant, the President may
acquire, at fair market value, or for other consider-
137
ation as agreed to by the parties, a hazardous sub-
stance easement which restricts, limits, or controls
the use of land or other natural resources, including
specifying permissible or impermissible uses of land,
prohibiting specified activities upon property, prohib-
iting the drilling of wells or use of ground water, or
restricting the use of surface water.
‘‘(2) USE OF EASEMENTS.—A hazardous sub-
stance easement under this subsection may be used
wherever institutional controls have been selected as
a component of a remedial action under this Act and
the National Contingency Plan.
‘‘(3) PERSONS
SUBJECT
TO
EASEMENTS.—A
hazardous substance easement shall be enforceable
in perpetuity (unless terminated and released as pro-
vided for in this section) against any owner of the
affected property and all persons who subsequently
acquire an interest in the property or rights to use
the property, including lessees, licensees, and any
other person with an interest in the property, with-
out respect to privity or lack of privity of estate or
contract, lack of benefit running to any other prop-
erty, assignment of the easement to another party or
sale or other transfer of the burdened property, or
any other circumstance which might otherwise affect
138
the enforceability of easements or similar deed re-
strictions under the laws of the State. The easement
shall be binding upon holders of any other interests
in the property regardless of whether such interests
are recorded or whether they were recorded prior or
subsequent to the easement, and shall remain in ef-
fect notwithstanding any foreclosure or other asser-
tion of such interests.
‘‘(4) CONTENTS OF EASEMENTS.—A hazardous
substance easement shall contain, at a minimum—
‘‘(A) a legal description of the property af-
fected;
‘‘(B) the name or names of any current
owner or owners of the property as reflected in
public land records;
‘‘(C) a description of the release or threat-
ened release; and
‘‘(D) a statement as to the nature of the
restriction, limitation, or control created by the
easement.
‘‘(5) RECORDING AND FILING OF EASEMENT.—
Whenever the President acquires a hazardous sub-
stance easement or assigns a hazardous substance
easement to another party, the President shall
record the easement in the public land records for
139
the jurisdiction in which the affected property is lo-
cated. If the State has not by law designated an of-
fice for the recording of interests in real property or
claims or rights burdening real property, the ease-
ment shall be filed in the office of the clerk of the
United States district court for the district in which
the affected property is located and the registry.
‘‘(6) METHODS OF ACQUIRING EASEMENTS.—
The President may acquire a hazardous substance
easement by purchase or other agreement, by con-
demnation, or by any other means permitted by law.
Compensation for such easement shall be at fair
market value, or for other consideration as agreed to
by the parties, for the interest acquired.
‘‘(7) ASSIGNMENT OF EASEMENTS TO PARTIES
OTHER THAN THE PRESIDENT.—
‘‘(A) AUTHORITY TO ASSIGN.—The Presi-
dent may, where appropriate and with the con-
sent of the State or other governmental entity,
assign an easement acquired under this sub-
section to a State or other governmental entity
that has the capability of effectively enforcing
the easement over the period of time necessary
to achieve the purposes of the easement. In the
case of any assignment, the easement shall also
140
be fully enforceable by the assignee. Any assign-
ment of such an easement by the President may
be made by following the same procedures as
are used for the transfer of an interest in real
property to a State under subsection (j).
‘‘(B) EASEMENTS HELD BY OTHER PER-
SONS.—
‘‘(i) DESIGNATION
AS
HAZARDOUS
SUBSTANCE
EASEMENTS.—Subject 
to
clause (ii), in a case in which an institu-
tional control is a component of a remedy
selected under section 121 at a facility list-
ed on the National Priorities List, the
owner of property and the potential holder
of a restrictive easement may expressly
designate, in writing, any interest in prop-
erty as a hazardous substance easement
within the meaning of this paragraph.
‘‘(ii) CONDITIONS.—An interest in
property may be designated as a hazardous
substance easement under clause (i) if
such interest is granted to a State, an In-
dian Tribe, or another governmental entity
or other person for the purpose of restrict-
ing or limiting the use of land, water, or
141
other resources in order to prevent expo-
sure to, reduce the likelihood of, or other-
wise respond to a release or threatened re-
lease of a hazardous substance, pollutant,
or contaminant from such a facility.
‘‘(iii) EFFECT
OF
DESIGNATION.—
When properly recorded or filed under
paragraph (5), a hazardous substance
easement designated under clause (i) shall
create the same rights, have the same legal
effect, and be enforceable in the same
manner as a hazardous substance ease-
ment acquired by the President regardless
of whether the interest in property is oth-
erwise denominated as an easement, cov-
enant, or any other form of property right.
‘‘(8) PUBLIC NOTICE.—Not later than 180 days
after the date of the enactment of this subsection,
the President shall issue regulations regarding the
procedures to be used for public notice of proposed
property use restrictions. Such regulations shall en-
sure that before acquiring a hazardous substance
easement, and before recording any notice of such
easement, the President will give notice and an op-
portunity to comment to the owner of the affected
142
property, all other persons with recorded interests in
the property, any lessees or other authorized occu-
pants of the property known to the President, the
State and any municipalities in which the property
is located, any relevant Community Advisory Group
established under section 117, the affected commu-
nity, and the general public.
‘‘(9) TERMINATION OR MODIFICATION OF EASE-
MENTS.—An easement acquired under this sub-
section shall remain in force until the Administrator
approves a modification or termination and release
of the easement and, following such approval, the
holder of the easement executes and records such
modification or termination and release in accord-
ance with the terms of the easement. Such modifica-
tion or termination shall be recorded in the same
manner as the easement. A person may conduct ad-
ditional response actions at a facility to allow for un-
restricted use of the facility and may subsequently
request termination of the easement. Such a request
shall be granted by the holder of the easement and
approved by the President, in the discretion of the
holder and the President, if the holder and the
President determine that the easement is no longer
143
necessary to protect human health and the environ-
ment.
‘‘(10) ENFORCEMENT.—
‘‘(A) EFFECT OF VIOLATIONS.—Violation
of any restriction, limitation, or control imposed
under a hazardous substance easement shall
have the same effect as failure to comply with
an order issued under section 106 and relief
may be sought either in enforcement actions
under section 106(b)(1) or section 120(g), by
States under section 121(e)(2), or in citizens
suits under section 310. No citizens suit under
section 310 to enforce such a notice may be
commenced if the holder of the easement has
commenced and is diligently prosecuting an ac-
tion in court to enforce the easement.
‘‘(B) 
ENFORCEMENT
ACTIONS.—The
President may take appropriate enforcement ac-
tions to ensure compliance with the terms of
the easement whenever the President deter-
mines that the terms set forth in the easement
are being violated. If the easement is held by a
party other than the President and that party
has not taken appropriate enforcement actions,
the President may notify the party of the viola-
144
tion. If the party does not take appropriate en-
forcement actions within 30 days of such notifi-
cation, or sooner in the case of an imminent
hazard, the President may initiate such enforce-
ment actions.
‘‘(C) SAVINGS
CLAUSE.—Nothing in this
section shall limit rights or remedies available
under other laws.
‘‘(11) APPLICABILITY OF OTHER PROVISIONS.—
Holding a hazardous substance easement shall not
in itself subject either the holder thereof or the
owner of the affected property to liability under sec-
tion 107. Any such easement acquired by the Presi-
dent shall not be subject to the requirements of sub-
section (j)(2) or section 120(h). Nothing in this sub-
section limits or modifies the authority of the Presi-
dent pursuant to subsection (j)(1).’’.
SEC. 403. RISK ASSESSMENT STANDARDS.
Title I (42 U.S.C. 9601–9626) is amended by adding
at the end the following:
‘‘SEC. 132. RISK ASSESSMENT PRINCIPLES, GUIDELINES,
AND REVIEWS.
‘‘Risk assessments and characterizations conducted
under this Act shall—
145
‘‘(1) provide objective assessments, estimates,
and characterizations which neither minimize nor ex-
aggerate the nature and magnitude of risks to
human health and the environment;
‘‘(2) distinguish scientific findings from other
considerations;
‘‘(3) be based on the best, relevant, and current
scientific and technical information, including (A)
available epidemiologic data, (B) available data on
bioavailability, (C) available or reasonably obtainable
site-specific information, and (D) all other relevant
information made available to the President; and
‘‘(4) be based on an analysis of the weight of
scientific evidence that supports conclusions about a
problem’s potential risk to human health and the en-
vironment.’’.
TITLE V—GENERAL PROVISIONS
SEC. 501. TRUST FUND DEFINED.
Section 101(11) (42 U.S.C. 9601(11)) is amended to
read as follows:
‘‘(11) The term ‘Fund’ or ‘Trust Fund’ means the
Hazardous Substance Superfund established by section
9507 of the Internal Revenue Code of 1986.’’.
146
SEC. 502. INDIAN TRIBES.
(a) TREATMENT GENERALLY.—Section 126(a) (42
U.S.C. 9626(a)) is amended—
(1) by striking ‘‘and section 105’’ and inserting
‘‘, section 105’’;
(2) by inserting before the period at the end the
following: ‘‘, section 117 (regarding public participa-
tion), and section 121 (regarding selection of rem-
edies)’’; and
(3) by adding at the end the following: ‘‘In ap-
plying this subsection, any reference contained in a
section identified in the preceding sentence to a fa-
cility located in a State shall include a facility lo-
cated on lands within the jurisdiction of a Federal
Indian reservation under the jurisdiction of the
United States government.’’.
(b) STUDY.—Section 126(c) (42 U.S.C. 9626(c)) is
amended to read as follows:
‘‘(c) HEALTH IMPACTS.—
‘‘(1) STUDY.—The President shall conduct a
study of the health impacts on Indian tribes of pol-
lutants, contaminants, and hazardous substances re-
leased from facilities that have been listed or pro-
posed for listing on the National Priorities List.
‘‘(2) REPORT.—Not later than 2 years after the
date of the enactment of the Superfund Accelera-
147
tion, Fairness, and Efficiency Act, the President
shall transmit to Congress a report on the results of
the study conducted under this subsection.’’.
SEC. 503. GRANTS FOR TRAINING AND EDUCATION OF
WORKERS.
Section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9660a) is
amended—
(1) by inserting ‘‘from the Fund’’ after
‘‘Grants’’ in each of paragraphs (1), (2), and (3);
and
(2) by adding at the end the following:
‘‘(4) ALLOCATION OF AMOUNTS.—Of the
amounts made available under section 111 to
carry out this subsection in a fiscal year, at
least 20 percent shall be allocated to non-profit
organizations described in paragraph (3) for
training minority and other community-based
workers who are or may be directly engaged in
hazardous waste removal or containment or
emergency response actions.’’.
SEC. 504. STATE COST SHARE.
Section 104(c)(3) (42 U.S.C. 9604(c)(3)) is amended
to read as follows:
148
‘‘(3) STATE COST SHARE.—The President shall
not provide any remedial actions pursuant to this
section unless the State in which the release or
threatened release occurs has entered into a contract
or cooperative agreement with the President that
provides assurances, deemed adequate by the Presi-
dent, that the State will pay or assure payment, in
cash or through in-kind contribution, of 10 percent
of the cost of such remedial action (other than any
cost paid by the Fund under section 111(a)(1)) and
10 percent of the cost of operation and mainte-
nance.’’.
SEC. 505. STATE AND LOCAL REIMBURSEMENT FOR RE-
SPONSE ACTIONS.
Section 123 (42 U.S.C. 9623) is amended to read as
follows:
‘‘SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOV-
ERNMENTS.
‘‘(a) APPLICATION.—Any State or general purpose
unit of local government for a political subdivision which
is affected by a release or threatened release at any facility
may apply to the President for reimbursement under this
section.
‘‘(b) REIMBURSEMENT.—
149
‘‘(1) EMERGENCY RESPONSE.—The President is
authorized to reimburse a State or general purpose
unit of local government for expenses incurred in
carrying out emergency response actions necessary
to prevent or mitigate injury to human health or the
environment associated with the release or threat-
ened release of any hazardous substance or pollutant
or contaminant. Such actions may include, where ap-
propriate, security fencing to limit access, response
to fires and explosions, and other activities which re-
quire immediate response at the State or local level.
‘‘(2) STATE
OR
LOCAL
FUNDS
NOT
SUP-
PLANTED.—Reimbursement under this section shall
not supplant State or local funds normally provided
for response.
‘‘(c) AMOUNT.—
‘‘(1) REIMBURSEMENT TO STATES AND GEN-
ERAL PURPOSE UNITS OF LOCAL GOVERNMENT.—
The amount of any reimbursement to a State or
general purpose unit of local government under sub-
section (b)(1) may not exceed $25,000 for a single
response. The reimbursement under this section with
respect to a single facility shall be limited to the
State or general purpose unit of local government
150
having jurisdiction over the political subdivision in
which the facility is located.
‘‘(2) LIMITATION.—The amounts allowed for
the State and general purpose units of local govern-
ment may not be combined for any single response
action.
‘‘(d) PROCEDURE.—Reimbursements authorized pur-
suant to this section shall be in accordance with rules pro-
mulgated by the Administrator within 1 year after the
date of the enactment of the Recycle America’s Land Act
of 1999.’’.
SEC. 506. STATE ROLE AT FEDERAL FACILITIES.
Section 120(g) (42 U.S.C. 9620(g)) is amended to
read as follows:
‘‘(g) STATE ROLE AT FEDERAL FACILITIES.—
‘‘(1) ENFORCEMENT
AND
DISPUTE
RESOLU-
TION.—
‘‘(A) IN GENERAL.—An interagency agree-
ment under this section between a State and
any department, agency, or instrumentality of
the United States shall be enforceable by the
State or the Federal department, agency, or in-
strumentality in the United States district court
for the district in which the facility is located.
The district court shall have the jurisdiction to
151
enforce compliance with any provision, stand-
ard, regulation, condition, requirement, order,
or final determination which has become effec-
tive under such agreement, and to impose any
appropriate civil penalty provided for any viola-
tion of the agreement, not to exceed $25,000
per day.
‘‘(B) NONCONCURRENCE BY STATE.—At a
Federal facility in a State to which the Presi-
dent’s authorities under subsection (e)(4) have
been transferred pursuant to a cooperative
agreement, if the State does not concur in the
remedy selection proposed by the Federal de-
partment, agency, or instrumentality that owns
or operates the facility, the parties shall enter
into dispute resolution as provided in the inter-
agency agreement. If there is no interagency
agreement, the State shall, not later than 120
days after the transfer of authorities under a
cooperative agreement, enter into an agreement
with the head of the department, agency, or in-
strumentality on a process for resolving dis-
putes regarding remedy selection for the facil-
ity. If a dispute is unresolved after using the
process under the interagency agreement or dis-
152
pute resolution agreement, the head of the Fed-
eral department, agency, or instrumentality
that owns the Federal facility and the Governor
of the State shall attempt to resolve such dis-
pute by consensus. If no agreement is reached
between the head of the Federal department,
agency, or instrumentality and the Governor,
the State may issue the final determination. In
order to compel implementation of the State’s
selected remedy, the State must bring a civil ac-
tion in the appropriate United States district
court. The district court shall have jurisdiction
as provided in subparagraph (A) to issue any
relief that may be necessary to implement the
remedial action, to impose appropriate civil pen-
alties not to exceed $25,000 per day from the
date the selected remedy becomes final, and to
review any challenges to the State’s final deter-
mination consistent with the standards set forth
in section 113(j) of this Act.
‘‘(2) LIMITATION.—Except as necessary to im-
plement the transfer of the Administrator’s authori-
ties to a State under a cooperative agreement, noth-
ing in this subsection shall be construed as altering,
modifying, or impairing in any manner, or author-
153
izing the unilateral modification of, any terms of any
agreement, permit, administrative or judicial order,
decree, or interagency agreement existing on the ef-
fective date of the Recycle America’s Land Act of
1999. Any other modifications or revisions of an
interagency agreement entered into under this sec-
tion shall require the consent of all parties to such
agreement, and absent such consent the agreement
shall remain unchanged.
‘‘(3) EFFECT ON OTHER AUTHORITIES.—Noth-
ing in this subsection shall affect the exercise by a
State of any other authorities that may be applicable
to Federal facilities in the State.’’.
SEC. 507. FEDERAL COST STUDY.
(a) IN GENERAL.—Within 18 months after the date
of enactment of this Act, the Congressional Budget Office
shall conduct, and submit to Congress the results of, a
study of the potential costs to the Federal Government
over the next 20 years from Federal liability for natural
resource damages under section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980.
(b) METHODOLOGY.—In conducting the study, the
Congressional Budget Office shall review pleadings filed
by the Department of Justice on behalf of Federal natural
154
resource trustees seeking damages for restoration of nat-
ural resources and shall apply the same statutory interpre-
tations and methods of calculating damages employed by
the United States, as plaintiff, in determining the poten-
tial liability of the United States, as defendant, in actions
seeking recovery for natural resource damages.
SEC. 508. NO PREEMPTION OF STATE LAW CLAIMS.
Section 302 (42 U.S.C. 9652) is amended by adding
at the end the following:
‘‘(e) NO PREEMPTION OF STATE LAW CLAIMS.—Sec-
tion 107 shall not be construed to preempt any claims
under State law for contribution to or recovery of costs
of responding to releases or threatened releases of haz-
ardous substances.’’.
TITLE VI—FUNDING
Subtitle A—Expenditures From the
Hazardous Substance Superfund
SEC. 601. EXPENDITURES FROM THE HAZARDOUS SUB-
STANCE SUPERFUND.
(a) EXPENDITURES.—Section 111 (42 U.S.C. 9611)
is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by striking subsections (a), (b), (c), (d), and
(e) and inserting the following:
155
‘‘(a) EXPENDITURES FROM HAZARDOUS SUBSTANCE
SUPERFUND.—
‘‘(1) SUBSECTION
(b) EXPENDITURES.—The
following amounts of amounts appropriated to the
Hazardous Substance Superfund after January 1,
2000, pursuant to section 9507(b) of the Internal
Revenue Code of 1986, and of amounts credited
under section 9602(b) of such Code with respect to
those appropriated amounts shall be available for the
purposes specified in subsection (b):
‘‘(A) For fiscal year 2000, $300,000,000.
‘‘(B) For fiscal year 2001, $300,000,000.
‘‘(C) For fiscal year 2002, $300,000,000.
‘‘(D) For fiscal year 2003, $300,000,000.
‘‘(E) For fiscal year 2004, $300,000,000.
Such funds shall remain available until expended.
‘‘(2) SUBSECTION (c) EXPENDITURES.—There
is authorized to be appropriated from the Hazardous
Substance Superfund established pursuant to section
9507(b) of the Internal Revenue Code of 1986 not
more than $7,500,000,000 for the period beginning
October 1, 1999, and ending September 30, 2004,
for the purposes specified in subsection (c) of this
section.
156
‘‘(b) PAYMENTS RELATED
TO CERTAIN REDUC-
TIONS, LIMITATIONS, AND EXEMPTIONS.—
‘‘(1) FUNDING
OF
EXEMPT
PARTY
FUND
SHARE.—The President may use amounts in the
Fund made available by subsection (a)(1) for fund-
ing the equitable share of liability attributable to ex-
empt parties under section 107(s) and the Fund
share under section 131(i).
‘‘(2) LIMITATIONS.—
‘‘(A) FUNDING.—Amounts made available
by subsection (a)(1) for the purposes of this
subsection shall not exceed the following:
‘‘(i) 
For 
fiscal 
year 
2000,
$300,000,000.
‘‘(ii) 
For 
fiscal 
year 
2001,
$300,000,000.
‘‘(iii) 
For 
fiscal 
year 
2002,
$300,000,000.
‘‘(iv) 
For 
fiscal 
year 
2003,
$300,000,000.
‘‘(v) 
For 
fiscal 
year 
2004,
$300,000,000.
‘‘(B) ELIGIBLE
COSTS.—No funds made
available under paragraph (1) may be used for
payment of, or reimbursement for, any portion
157
of attorneys’ fees that do not constitute nec-
essary costs of response consistent with section
107(a)(2)(B).
‘‘(c) RESPONSE, REMOVAL, AND REMEDIATION.—
The President may use amounts in the Fund appropriated
under subsection (a)(2) for costs of response, removal, and
remediation (and administrative costs directly related to
such costs), including the following:
‘‘(1) GOVERNMENT
RESPONSE
COSTS.—Pay-
ment of governmental response costs incurred pursu-
ant to section 104, including costs incurred pursuant
to the Intervention on the High Seas Act.
‘‘(2) PRIVATE RESPONSE COST CLAIMS.—Pay-
ment of any claim for necessary response costs in-
curred by any other person as a result of carrying
out the national contingency plan established under
section 105, if such costs are approved under such
plan, are reasonable in amount based on open and
free competition or fair market value for similar
available goods and services, and are certified by the
responsible Federal official.
‘‘(3) ACQUISITION
COSTS
UNDER
SECTION
104(j).—The costs incurred by the President in ac-
quiring real estate or interests in real estate under
section 104(j) (relating to acquisition of property).
158
‘‘(4) STATE AND LOCAL GOVERNMENT REIM-
BURSEMENT.—Reimbursement to States and local
governments under section 123; except that during
any fiscal year not more than 0.1 percent of the
total amount appropriated under subsection (a)(2)
may be used for such reimbursements.
‘‘(5) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—Payment for the implementation of any
contract or cooperative agreement under section
104(d).
‘‘(6) NATURAL
RESOURCE
DAMAGE
ASSESS-
MENTS.—The costs of assessing both short-term and
long-term injury to, destruction of, or loss of any
natural resources resulting from a release of a haz-
ardous substance.
‘‘(7) NATURAL
RESOURCE
DAMAGES.—The
costs of Federal or State or Indian tribe efforts in
the restoration, rehabilitation, or replacement or ac-
quiring the equivalent of any natural resources in-
jured, destroyed, or lost as a result of a release of
a hazardous substance.
‘‘(d) ADMINISTRATION, OVERSIGHT, RESEARCH, AND
OTHER COSTS.—The President may use amounts in the
Fund appropriated under subsection (a)(2) for the fol-
159
lowing costs (and administrative costs directly related to
such costs):
‘‘(1) INVESTIGATION AND ENFORCEMENT.—The
costs of identifying, investigating, and taking en-
forcement action against releases of hazardous sub-
stances.
‘‘(2) OVERHEAD.—
‘‘(A) IN GENERAL.—The costs of providing
services, equipment, and other overhead related
to the purposes of this Act and section 311 of
the Federal Water Pollution Control Act and
needed to supplement equipment and services
available through contractors and other non-
Federal entities.
‘‘(B) DAMAGE ASSESSMENT CAPABILITY.—
The costs of establishing and maintaining dam-
age assessment capability for any Federal agen-
cy involved in strike forces, emergency task
forces, or other response teams under the Na-
tional Contingency Plan.
‘‘(3) EMPLOYEE SAFETY PROGRAMS.—The cost
of maintaining programs otherwise authorized by
this Act to protect the health and safety of employ-
ees involved in response to hazardous substance re-
leases.
160
‘‘(4) GRANTS FOR TECHNICAL ASSISTANCE.—
The cost of grants under section 117(e) (relating to
public participation grants for technical assistance).
‘‘(5) WORKER
TRAINING
AND
EDUCATION
GRANTS.—The cost of grants under section 126(g)
of the Superfund Amendments and Reauthorization
Act of 1986 for training and education of workers
to the extent that such costs do not exceed
$40,000,000 for each of fiscal years 2000, 2001,
2002, 2003, and 2004.
‘‘(6) ATSDR ACTIVITIES.—Any costs incurred
in accordance with subsection (m) of this section (re-
lating to ATSDR) and section 104(i), including the
costs of epidemiologic and laboratory studies, health
assessments, and other activities authorized by sec-
tion 104(i).
‘‘(7) EVALUATION
COSTS
UNDER
PETITION
PROVISIONS OF SECTION 105(d).—Costs incurred by
the President in evaluation facilities pursuant to pe-
titions under section 105(d) (relating to petitions for
assessment of release).
‘‘(8) 
CONTRACT
COSTS
UNDER
SECTION
104(a)(1).—The costs of contracts or arrangements
entered into under section 104(a)(1) to oversee and
review the conduct of remedial investigations and