255
parties to such agreements through the exercise of
the Administrator’s authorities pursuant to a coop-
erative agreement or contract under this subsection)
and any department, agency, or instrumentality of
the United States, shall be enforceable by the State
or the Federal department, agency, or instrumental-
ity in the United States district court for the district
in which the facility is located. The district court
shall have the jurisdiction to enforce compliance with
any provision, standard, regulation, condition, re-
quirement, order, or final determination which has
become effective under such agreement, and to im-
pose any appropriate civil penalty provided for any
violation of the agreement, not exceed $25,000 per
day. Nothing in this subparagraph affects the appli-
cability of section 310 or the rights of any person
under that section.
‘‘(B) At Federal facilities where the Adminis-
trator’s authorities under subsection (e)(4) have
been transferred to the State pursuant to this sec-
tion, and the State does not concur in the remedy
selection proposed by the Federal agency, the parties
shall enter into dispute resolution as provided in the
interagency agreement, provided that the final level
for such disputes concerning remedy selection shall
256
be to the head of the Federal department, agency,
or instrumentality and the Governor of the State. If
no agreement is reached between the head of the
Federal department, agency, or instrumentality and
the Governor, the State may issue the final deter-
mination. In order to compel implementation of the
State’s selected remedy, the State must bring a civil
action in the appropriate Federal 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 im-
pose appropriate civil penalties 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 determination consistent with the
standards set forth in section 113(j) of this Act.
‘‘(8) LIMITATION.—(A) Except for authorities
that are transferred by the Administrator to a State
pursuant to this subsection, or that are transferred
by the Administrator to an officer or employee of the
Environmental Protection Agency, no authority vest-
ed in the Administrator under this section may be
transferred, by executive order of the President or
otherwise, to any other officer or employee of the
United States or to any other person.
257
‘‘(B) Except as necessary to specifically imple-
ment the transfer of the Administrator’s authorities
to a State pursuant to this subsection, nothing in
this subsection shall be construed as altering, modi-
fying, or impairing in any manner, or authorizing
the unilateral modification of, any terms of any—
‘‘(i) agreement, permit, administrative or
judicial order, decree, or interagency agreement
existing on the effective date of the Superfund
Improvement Act of 1998; or
‘‘(ii) contract or cooperative agreement be-
tween a State and the Administrator related to
a response action or part of a response action.
‘‘(C) 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.
‘‘(D) Nothing in this subsection shall affect the
exercise by a State of any other authorities that may
be applicable to facilities in such State.’’.
TITLE VIII—FUNDING
SEC. 801. AUTHORIZATION OF APPROPRIATIONS.
Section 111(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
258
U.S.C. 9611(a)) is amended by striking ‘‘$8,500,000,000
for the 5-year period beginning on the date of enactment
of the Superfund Amendments and Reauthorization Act
of 1986, and not more than $5,100,000,000 for the period
commencing October 1, 1991, and ending September 30,
1994’’ and inserting ‘‘$9,200,000,000 for the period com-
mencing October 1, 1998, and ending September 30,
2003’’.
SEC. 802. ORPHAN SHARE FUNDING.
Section 111(a) is amended by adding after paragraph
(6) the following new paragraph:
‘‘(7) ORPHAN
SHARE
FUNDING.—Payment of
orphan shares pursuant to section 128(m) of this
Act.’’.
SEC. 803. AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGISTRY.
Section 111(m) (relating to ATSDR) is amended to
read as follows:
‘‘(m) AGENCY FOR TOXIC SUBSTANCES AND DIS-
EASE REGISTRY.—There shall be directly available to the
Agency for Toxic Substances and Disease Registry to be
used for the purpose of carrying out activities described
in subsection (c)(4) of this section and section 104(i) of
this Act not less than $100,000,000 per fiscal year for
each of fiscal years 1999, 2000, 2001, 2002, and 2003,
259
of which $20,000,000 per fiscal year shall be available for
the purposes of section 104(i)(15)(B). Any funds so made
available which are not obligated by the end of the fiscal
year in which made available shall be turned back to the
Fund.’’.
SEC. 804. LIMITATIONS ON RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAMS.
Section 111(n) is amended to read as follows:
‘‘(n) LIMITATIONS ON RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.—
‘‘(1) SECTION
311(a).—From the amounts
available in the Fund, not more than the following
amounts may be used for the purposes of section
311(a) of this title (relating to hazardous substance
research, demonstration, and training activities):
‘‘(A) For fiscal year 1999, $40,000,000.
‘‘(B) For fiscal year 2000, $50,000,000.
‘‘(C) For fiscal year 2001, $55,000,000.
‘‘(D) For fiscal year 2002, $55,000,000.
‘‘(E) For fiscal year 2003, $55,000,000.
No more than 10 percent of such amounts shall be
used for training under section 311(a) of this title
for any fiscal year.
‘‘(2) SECTION 311(d).—For each of the fiscal
years 1999, 2000, 2001, 2002, and 2003, not more
260
than $5,000,000 of the amounts available in the
Fund may be used for the purposes of section
311(d) of this title (relating to university hazardous
substance research centers).’’.
SEC. 805. AUTHORIZATION OF APPROPRIATIONS FROM
GENERAL REVENUES.
(a) AUTHORIZATION.—Section 111(p)(1) is amended
to read as follows:
‘‘(1) IN GENERAL.—The following sums are au-
thorized to be appropriated, out of any money in the
Treasury not otherwise appropriated, to the Hazard-
ous Substance Superfund:
‘‘(A) For fiscal year 1999, $250,000,000.
‘‘(B) For fiscal year 2000, $250,000,000.
‘‘(C) For fiscal year 2001, $250,000,000.
‘‘(D) For fiscal year 2002, $250,000,000.
‘‘(E) For fiscal year 2003, $250,000,000.
In addition, there is authorized to be appropriated to
the Hazardous Substance Superfund for each fiscal
year an amount equal to so much of the aggregate
amount authorized to be appropriated under this
subsection as has not been appropriated before the
beginning of the fiscal year involved.’’.
(b) REPEAL OF DUPLICATIVE AUTHORIZATION.—(1)
Subsection (b) of section 517 of the Superfund Amend-
261
ments and Reauthorization Act (26 U.S.C. 9507 note) is
hereby repealed.
(2) Section 9507(a)(2) of the Internal Revenue Code
of 1986 is amended by striking out ‘‘section 517(b) of the
Superfund Revenue Act of 1986’’ and inserting in lieu
thereof ‘‘section 111(p) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9611(p))’’.
SEC. 806. ADDITIONAL LIMITATIONS.
Section 111 is amended by adding after subsection
(p) the following new subsections:
‘‘(q) CITIZEN
INFORMATION
AND
ACCESS
OF-
FICES.—For each of the fiscal years 1999, 2000, 2001,
2002, and 2003, not more than $25,000,000 of the
amounts available in the Fund may be used for the pur-
poses of section 117(c) of this Act (relating to Waste Site
Information Offices).’’.
SEC. 807. USES OF THE FUND.
Section 111(a) is amended by adding after paragraph
(7), as added by this subtitle, the following new para-
graph:
‘‘(8) REIMBURSEMENT
OF
POTENTIALLY
RE-
SPONSIBLE PARTY COSTS.—If a potentially respon-
sible party and the Administrator enter into a settle-
ment under this Act in which the Administrator is
262
reimbursed for its response costs, and if the Admin-
istrator determines, through a Federal audit of re-
sponse the costs, that costs for which the Adminis-
trator was reimbursed—
‘‘(A) are unallowable due to contractor
fraud;
‘‘(B) are unallowable under the Federal
Acquisition Regulation; or
‘‘(C) should be adjusted due to routine
contract and Environmental Protection Agency
response cost audit procedures;
then the Administrator is authorized to use the fund
to reimburse a potentially responsible party for any
costs identified under subparagraph (A), (B), or (C)
of this paragraph.’’.
SEC. 808. WORKER TRAINING AND EDUCATION GRANTS.
Section 111(c)(12) (42 U.S.C. 9611(c)(12)) is
amended—
(1) by striking ‘‘$10,000,000’’ and inserting
‘‘$40,000,000’’; and
(2) by striking ‘‘and 1994’’ and inserting ‘‘,
1994, 1998, 1999, 2000, 2001, 2002, and 2003’’.
263
TITLE IX—MISCELLANEOUS
SEC. 901. SMALL BUSINESS OMBUDSMAN.
The Administrator of the Environmental Protection
Agency shall establish a small business Superfund assist-
ance section within the small business ombudsman office
at the Environmental Protection Agency. Such section
shall carry out the following functions:
(1) Act as a clearinghouse of information for
small businesses regarding the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980. Such information shall be comprehen-
sible to a lay person and shall include information
regarding the allocation process under section 128 of
such Act, requirements and procedures for expedited
settlements pursuant to section 122(g) of such Act,
de minimis and de micromis status, and ability-to-
pay procedures.
(2) Provide general advice and assistance to
small businesses as to their questions and problems
concerning the allocation and settlement processes,
except that such advice and assistance shall not in-
clude any legal advice as to liability or any other
legal representation. The ombudsman shall not par-
ticipate in the allocation process.
264
(3) Develop proposals and make recommenda-
tions for changes in policies and activities of the En-
vironmental Protection Agency which would better
fulfill the goals of title II of this Act and the amend-
ments made by that title in ensuring equitable, sim-
plified, and expedited allocations and settlements for
small businesses.
SEC. 
902. 
CONSIDERATION 
OF 
LOCAL 
GOVERNMENT
CLEANUP PRIORITIES.
Section 104(c)(2) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(c)(2)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) In setting priorities for scheduling work and al-
locating oversight resources for a remedial action at a fa-
cility at which a potentially responsible party that is a
State or local government proposes to carry out the reme-
dial action (or a portion thereof), the Administrator
should give higher priority to such remedial action (or por-
tion thereof) if the State or local government demonstrates
that the remedial action (i) will have a public benefit; and
(ii) will result in the property on or adjacent to the facility
being returned to productive use. A private potentially re-
265
sponsible party may request similar consideration, in the
Administrator’s discretion. Nothing in this subparagraph
shall affect the responsibility of the Administrator to
schedule and oversee the conduct of remedial action so as
to assure protection of human health and the environ-
ment.’’.
SEC. 903. REPORT AND OVERSIGHT REQUIREMENTS.
(a) SUBMISSION
TO STATE GOVERNORS.—Section
301(h)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9651(h)(1)) is amended in the matter preceding subpara-
graph (A) by striking ‘‘to Congress of such Agency’’ and
inserting ‘‘of such Agency to Congress and the Governor
of each State’’.
(b) PROGRESS REPORT.—Section 301(h)(1)(A) is
amended to read as follows:
‘‘(A) A progress report of accomplishments
and expenditures on a State-by-State basis, in-
cluding—
‘‘(i) a statement of the number of
completed records of decision, removal ac-
tions, remedial actions, and enforcement
actions; and
‘‘(ii) a statement of—
266
‘‘(I) the aggregate amount ex-
pended in each State;
‘‘(II) the amount expended in
each State for site investigation and
cleanup activities;
‘‘(III) the amount expended in
each State for non site-specific costs;
and
‘‘(IV) the amount expended for
enforcement actions and cost recovery
activities.’’.
(c) OTHER REPORT CONTENTS.—Section 301(h)(1)
is further amended—
(1) in subparagraph (B), by striking ‘‘such
study’’ and inserting ‘‘removal and remedial action’’;
and
(2) in subparagraph (C), by striking ‘‘study’’
and inserting ‘‘removal action and remedial action’’.
(d) RESPONSE TO STATE COMMENTS BY EPA.—Sec-
tion 301(h) is amended by adding at the end the following:
‘‘(4) RESPONSE
TO
STATE
COMMENTS
BY
EPA.—The Administrator of the Environmental Pro-
tection Agency shall respond in writing to any com-
ments submitted to the Administrator by a State re-
garding reports developed under this subsection.’’.
267
SEC. 904. REIMBURSEMENT TO STATE AND LOCAL GOVERN-
MENTS.
(a) AMENDMENT OF SECTION 123.—Section 123 of
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (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 of a
State that is affected by a release or threatened release
at any facility may apply to the President for reimburse-
ment under this section.
‘‘(b) REIMBURSEMENT.—
‘‘(1) EMERGENCY
RESPONSE
ACTIONS.—The
President is authorized to reimburse States and local
community authorities for expenses incurred (before
or after the enactment of the Superfund Improve-
ment Act of 1998) in carrying out emergency re-
sponse actions necessary to prevent or mitigate in-
jury to human health or the environment associated
with the release or threatened release of any hazard-
ous substance or pollutant or contaminant. Such ac-
tions may include, where appropriate, security fenc-
ing to limit access, cleanup of illicit drug labora-
tories, response to fires and explosions, and other
268
measures that require 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) The amount of any reimburse-
ment to a local authority under subsection (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 units of local government having jurisdic-
tion over the political subdivision in which the facility is
located.
‘‘(2) The amount of any reimbursement to a State
under subsection (b)(1) may not exceed $50,000 for a sin-
gle response. The reimbursement under this section with
respect to a single facility shall be limited to the State
in which the facility is located.
‘‘(3) The total amount made available to State and
local governments under subsection (b)(1) may not exceed
$50,000 for a single response.
‘‘(d) PROCEDURE.—Reimbursements authorized pur-
suant to this section shall be in accordance with rules pro-
mulgated by the Administrator.’’.
269
(b) AMENDMENT OF SECTION 111.—Paragraph (11)
of section 111(c) of such Act is amended—
(1) by striking ‘‘LOCAL
GOVERNMENT
REIM-
BURSEMENT.—’’ and inserting in lieu thereof
‘‘STATE
AND
LOCAL
GOVERNMENT
REIMBURSE-
MENT.—(A)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) Reimbursements to States under section
123, except that no State may receive more than
$2,000,000 in any one fiscal year.’’.
(c) DEADLINE FOR REGULATIONS.—The Adminis-
trator of Environmental Protection Agency shall promul-
gate any regulations necessary to implement section 123
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9623),
as amended by subsection (a), not later than 24 months
after the date of the enactment of this Act.
TITLE X—5-YEAR EXTENSION OF
HAZARDOUS 
SUBSTANCE
SUPERFUND
SEC. 1001. EXTENSION OF HAZARDOUS SUBSTANCE SUPER-
FUND.
(a) EXTENSION OF TAXES.—
270
(1) Paragraph (1) of section 59A(e) of the In-
ternal Revenue Code of 1986 is amended to read as
follows:
‘‘(1) IN GENERAL.—The tax imposed by this
section shall apply to taxable years beginning after
December 31, 1998, and before January 1, 2004.’’
(2) Paragraph (1) of section 4611(e) of such
Code is amended to read as follows:
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Hazardous Substance Superfund fi-
nancing rate under this section shall apply after De-
cember 31, 1998, and before January 1, 2004.’’
(3) Paragraph (2) of section 4611(e) of such
Code is amended—
(A) by striking ‘‘1993’’ and inserting
‘‘2001’’,
(B) by striking ‘‘1994’’ each place it ap-
pears and inserting ‘‘2002’’, and
(C) by striking ‘‘1995’’ each place it ap-
pears and inserting ‘‘2003’’.
(b) INCREASE IN AGGREGATE TAX WHICH MAY BE
COLLECTED.—Paragraph (3) of section 4611(e) of such
Code is amended by striking ‘‘$11,970,000,000’’ each
place it appears and inserting ‘‘$22,000,000,000’’ and by