244
(2) no motion to change venue with respect to
such complaint was pending on or before January 31,
1994.
(e) AVAILABLE COVERAGE.—
(1) IN GENERAL.—The Fund shall determine the
available coverage for each eligible person by adding
the limits of liability contained in all valid insurance
contracts of insurance (including per occurrence, ag-
gregate, primary, excess or other limits) and then by
subtracting the total of all deductibles and self-insured
retentions applicable to those policies. In calculating
the available coverage and the average deductible pur-
suant to section 808(c), the Fund shall exclude any
deductible or self-insured retention contained in a
policy which has already been paid by the eligible
person.
(2) PER OCCURRENCE BASIS POLICIES.—For in-
surance policies with limits or deductibles expressed
on a per occurrence basis without an aggregate limit,
the limit or deductible shall be an amount equal to
the limit or deductible in the policy multiplied by the
number of eligible facilities of the eligible person and
by the number of years the policy was in effect. Per
occurrence limits or deductibles may be adjusted by
245
the Fund whenever there is an increase in the eligible
facilities attributable to an eligible party.
(f) ADJUSTMENT FOR OWNED PROPERTY SITES.—
(1) ADJUSTMENT.—If an eligible person seeks
payment of eligible costs for an owned property site,
only 70 percent of such eligible costs (including eligi-
ble costs for off site contamination attributable to the
owned property) shall be taken into account in mak-
ing payments under this section.
(2) DEFINITIONS.—For purposes of this sub-
section—
(A) OWNED
PROPERTY
SITE.—A facility
shall be considered an owned property site if—
(i) an eligible person owned or leased
the facility at the time of initial disposal or
a predecessor company owned or leased the
facility at the time of initial disposal and
the predecessor company merged into an eli-
gible person or became the wholly owned
subsidiary of an eligible person;
(ii) the property owned or leased by
the eligible person or predecessor company
represents all or a portion of the facility as
specifically designated on the NPL or as
subject to a removal covered by this title;
246
(iii)(I) an eligible person or prede-
cessor company generated all of the hazard-
ous substances which were disposed of dur-
ing the period such person or predecessor
owned or leased the facility, or (II) an eligi-
ble person or predecessor company owned a
landfill which is part of the property on
which a manufacturing or industrial facil-
ity is situated, the landfill was used for the
treatment, storage, or disposal of waste gen-
erated from the manufacturing or industrial
facility and from third parties, and the
landfill contains waste that is not pri-
marily municipal solid waste or sewage
sludge as defined in title VI of this Act; and
(iv) the hazardous substances associ-
ated with the owned property constitute the
basis for liability at the facility.
(B) PROPERTY
NOT
CONSIDERED
OWNED
PROPERTY.—A facility shall not be considered
owned property of an eligible person for purposes
of this section when the eligible person acquired
the facility from, or acquired the assets of, a
company which engaged in initial disposal of
hazardous substances at the facility and the eli-
247
gible person did not engage in initial disposal of
hazardous substances at the facility during its
period of ownership. An owned property site
shall not include a public or commercial landfill
primarily used for disposal, storage, or treat-
ment of municipal solid waste or sewage sludge
as defined in title VI of this Act.
(C) INITIAL
DISPOSAL.—For purposes of
this paragraph, the term initial disposal means
the 
spilling, 
pumping, 
pouring, 
emitting,
emptying, discharging, injecting, dumping, dis-
posing, placing, or leaking of hazardous sub-
stances into the environment caused by the facil-
ity owner but does not include—
(i) any continuing or further leaking,
escaping, or leaching of hazardous sub-
stances into the environment during subse-
quent periods of ownership which was not
caused by the acts of a subsequent owner; or
(ii) any activities undertaken by an
owner related to response at the facility.
SEC. 807. ACCEPTANCE OF RESOLUTION OFFER.
(a) ACCEPTANCE.—
(1) ELECTION TO ACCEPT.—An eligible person
may, when submitting a request for a resolution to
248
the Fund, make a written irrevocable election to ac-
cept any resolution to be made by the Fund.
(2) NOTIFICATION.—An eligible person that does
not make an election pursuant to paragraph (1) shall,
within 60 days of the receipt of a resolution offer
from the Fund, notify the Fund in writing of its ir-
revocable acceptance or rejection of such offer. An eli-
gible person who does not so accept or reject a resolu-
tion offer within 60 days shall be deemed to have
made an irrevocable election to reject the offer.
(b) ACCEPTANCE OR REJECTION PRIOR TO OFFER.—
Upon expiration of the 60-day period immediately follow-
ing the enactment of this Act, any eligible person may no-
tify the Fund that such eligible person accepts or rejects
any offer to be issued by the Fund under this title. Any
such notice shall be signed by a duly authorized officer of
the eligible person, as certified by the secretary of the eligi-
ble person or by a person with equivalent authority.
(c) WAIVER OF INSURANCE CLAIMS.—Any eligible per-
son accepting a resolution offer from the Fund shall agree
in writing, subject to reinstatement described in subsection
(d) to waive, stay, or dismiss any of its existing and future
claims against any insurer for eligible costs, including bad
faith claims pertaining to actions to recover eligible costs.
249
(d) REINSTATEMENT OF INSURANCE CLAIMS.—If the
Fund fails to timely fulfill its obligations to an eligible per-
son under the terms of an accepted resolution offer, such
eligible person shall be entitled to reinstate any of its exist-
ing and future claims under a contract for insurance with
respect to eligible costs. A shortfall provided for in section
808(f) shall not be considered a failure of the Fund to time-
ly fulfill its obligations.
SEC. 808. RESOLUTION PAYMENTS.
(a) TIME OF PAYMENT; PRE-RESOLUTION COSTS.—
The Fund shall make equal annual payments over a period
of 10 years for the applicable percentage of eligible costs
incurred by an eligible person on or before the date such
person accepts a resolution offer. The Fund may, in its sole
discretion, make such payments over a shorter period if the
aggregate eligible costs do not exceed $50,000. An eligible
person shall submit to the Fund documentation of such costs
as the Fund may require. The initial payment to an eligible
person under this paragraph shall be made not later than
60 days after the receipt of documentation satisfactory to
the Fund. Interest shall not accrue on amounts payable
pursuant to a resolution offer during the 5-year period be-
ginning on the date of the enactment of this Act. In each
year thereafter, interest shall accrue on the unpaid balance
of the pre-resolution costs in an amount equal to the rate
250
of interest on one year Treasury bills issued on the anniver-
sary of such date of enactment, or if no bills were issued
on such date, on the last date such bills were issued prior
to such anniversary.
(b) TIME OF PAYMENT; POST-RESOLUTION COSTS.—
The Fund shall make payments for eligible costs incurred
by an eligible person after the date such person accepts a
resolution offer to the eligible person, or to a contractor or
other person designated by the eligible person, subject to
such documentation as the Fund may require. Payments
under this title shall be made not later than 60 days after
the receipt of documentation (satisfactory to the Fund) with
respect to such costs.
(c) ADJUSTMENT FOR DEDUCTIBLE OR SELF INSUR-
ANCE.—In the case of an eligible person that has submitted
to the Fund, as proof of status as an eligible person, a valid
insurance contract subject to a self-insured retention or a
deductible, payment to such eligible person pursuant to a
resolution shall be reduced once by an amount equal to the
average of the amounts of self-insured retentions and
deductibles in all valid insurance contracts of insurance of
the eligible person. For purposes of determining such aver-
age in the case of a per occurrence deductible or self-insured
retention, the Fund shall only count such deductible or self-
insured retention once for each policy year.
251
(d) ADJUSTMENT
FOR CERTAIN DUTY-TO-DEFEND
COSTS.—If an insurer has incurred and paid costs pursu-
ant to a duty-to-defend clause contained in a contract for
insurance, and such costs are the subject of a dispute be-
tween the eligible person and an insurer, the Fund shall
reduce payment of a resolution to an eligible person by such
amount and pay such amount to the insurer. If such costs
were paid by the insurer on or before the date the eligible
person accepted a resolution offer made by the Fund, pay-
ment to an insurer under this section shall be made in equal
annual installments over a period of 10 years, and interest
shall not accrue with respect to such costs. The Fund may,
in its sole discretion, make such payments over a shorter
period if the aggregate costs do not exceed $50,000.
(e) EFFECT OF PAYMENTS.—(1) Payments made to an
eligible person by the Fund pursuant to a resolution offer
shall be treated as payments made by an insurer in satis-
faction of the terms and conditions of a contract of insur-
ance. Such payments shall be allocated pro rata to each
year in which proof of insurance has been established. The
amount allocated to each coverage year shall be allocated
100 percent to the primary coverage until it is exhausted
and then 100 percent to each successively higher layer of
coverage until each such layer is exhausted.
252
(2) No insurer shall be allowed to collect recovery pur-
suant to a reinsurance contract on the basis of a payment
by the Fund unless such reinsurer is not subject to the fees
under section lll of the Internal Revenue Code or has
not satisfied its obligations pursuant to such fees.
(f) SHORTFALL.—If, in any year during the first 10
years after enactment, the Fund does not have sufficient
funds available to pay all eligible costs of resolution offers
accepted by eligible persons, the Fund shall determine the
amount of the costs which cannot be paid in that year (the
‘‘shortfall’’). The Fund shall allocate the shortfall to the eli-
gible persons in proportion to the size of their pending
claims for reimbursement from the Fund. This shortfall
shall be paid to the eligible person and shall be amortized
over the next 5 years, and the amortized amount shall be
paid with interest at the rate specified for the amortization
of past costs. A shortfall which is being amortized hereunder
shall not be considered a default by the Fund, triggering
the reinstatement of claims.
(g) INTERIM ALLOCATIONS.—An eligible person ac-
cepting an offer of resolution shall be entitled to receive pay-
ment of all eligible costs which have been incurred. If an
eligible person obtains reimbursement of such eligible costs
as a result of a final allocation, contribution action, or oth-
erwise, the eligible person must notify the Fund of the
253
amount of the reimbursement and must either (1) reduce
its next claim to the Fund for payment of eligible costs by
the amount of the reimbursement, or (2) refund the amount
of the reimbursement.
SEC. 809. REJECTION OF RESOLUTION OFFER AND REIM-
BURSEMENT TO INSURER.
If an eligible person rejects a resolution offer (includ-
ing a rejection pursuant to section 807(b)), litigates a claim
with respect to eligible costs against 1 or more insurers,
and obtains a final judgment against, or enters into a set-
tlement with, any such insurer, the Fund—
(1) shall reimburse to such insurer or insurers
the lesser of the amount of the resolution offer made
to the eligible person (or, in the case of a rejection
pursuant to section 807(b), the amount which the
Fund would have offered) or the final judgment or
settlement; and
(2) may, if the resolution offer exceeded the final
judgment or settlement, reimburse the insurer or in-
surers for unrecovered reasonable costs and legal fees,
except that the total reimbursement under this sub-
section may not exceed the amount of the resolution
offer to the eligible person (or, in the case of a rejec-
tion pursuant to section 807(b), the amount which the
Fund would have offered).
254
Reimbursements pursuant to this subsection shall be subject
to such documentation as the Fund may require and shall
be made by the Fund not later than 60 days after receipt
by the Fund of a complete request for reimbursement satis-
factory to the Fund.
SEC. 810. FINANCIAL STATEMENTS, AUDITS, INVESTIGA-
TIONS, AND INSPECTIONS.
(a) IN GENERAL.—The financial statements of the
Fund shall be prepared in accordance with generally ac-
cepted accounting principles and shall be audited annually
by an independent certified public accountant in accord-
ance with the auditing standards issued by the Comptroller
General. Such auditing standards shall be consistent with
the private sector’s generally accepted auditing standards.
(b) INVESTIGATIONS AND OTHER AUDITS.—The In-
spector General of the Environmental Protection Agency is
authorized to conduct audits and investigations as the In-
spector General deems necessary or appropriate.
SEC. 811. STAY OF PENDING LITIGATION.
(a) ENACTMENT OPERATES AS STAY.—Except as pro-
vided in this section, enactment of this title shall operate
as a stay, applicable to all persons other than the United
States, of the commencement or continuation, including the
issuance or employment of process or service of any plead-
ing, motion, or notice, of any judicial, administrative, or
255
other action with respect to claims for indemnity or other
claims arising from a valid insurance contract of qualified
insurance concerning insurance coverage for eligible costs.
(b) ACTIONS NOT AFFECTED.—Nothing in this title
shall be construed to authorize a stay of any action involv-
ing claims that do not concern eligible costs or a valid in-
surance contract of qualified insurance. Any such claim
shall be severed by operation of law from claims involving
eligible costs or valid contracts of insurance of qualified in-
surance, and the insured party may proceed with the pros-
ecution of the severed claims not involving eligible costs or
not involving qualified insurance.
(c) TERMINATION OF STAY.—(1) The stay established
by subsection (a) shall terminate with respect to an eligible
person upon the earlier of the following—
(A) The rejection of a resolution offer (including
an early rejection) by such eligible person pursuant
to section 807.
(B) A determination by the Fund that an offer
will not be made to such eligible person or that such
person is not an eligible person.
(C) A determination by the Fund pursuant to
section 816(b) that the minimum participation level
has not been achieved.
256
(D) A failure by the Fund at any time after the
date 10 years after the enactment of this Act to timely
pay to such eligible person a resolution payment
equal to the total amount of eligible costs (including
shortfalls from prior years) required to be paid to
such person under a resolution offer in any year after
such date.
(2) The stay established by subsection (a) shall termi-
nate on the date that is 10 years after the enactment of
this Act with respect to:
(A) A person that becomes an eligible person on
or after such date.
(B) An eligible person that has not filed a re-
quest for a resolution offer and has not rejected a res-
olution offer pursuant to section 807(b) before such
date.
(d) AUTHORITY OF UNITED STATES UNAFFECTED.—
Nothing in this section shall be construed to limit or affect
in any way the discretion or authority of the United States
or any party to commerce or continue any allocation proc-
ess, cost recovery, or other action pursuant to the authority
of sections 101 through 122a of CERCLA.
(e) STATUTE OF LIMITATION TOLLED.—Notwithstand-
ing any other provision of Federal or State law, any Fed-
eral or State statute of limitation concerning the filing or
257
prosecution of an action by an eligible person against an
insurer, or by an insurer against an eligible person, with
respect to eligible costs shall be tolled during the pendency
of the stay of pending litigation established by this title.
SEC. 812. REGULATIONS.
(a) PROCEDURES AND DOCUMENTATION.—Not later
than 120 days after the date of enactment of this title, the
Fund shall publish in the Federal Register for public com-
ment of not more than 60 days interim final regulations
concerning procedures and documentation for the submis-
sion of requests for resolution offers and the payment of ac-
cepted resolution offers. Not later than 60 days after the
close of the public comment period, the Fund shall publish
in the Federal Register final regulations concerning such
procedures and documentation, which may be amended by
the Fund from time to time. The Fund in its discretion
may require that requests for resolution offers made before
the issuance of final regulations pursuant to this subsection
be revised to conform to the requirements of such final regu-
lations.
(b) OTHER REGULATIONS.—The Fund may prescribe
such other regulations, rules and procedures as the Fund
deems appropriate from time to time.
(c) JUDICIAL REVIEW.—No regulation, rule or proce-
dure prescribed by the Fund shall be subject to review by
258
any court except to the extent such regulation, rule or proce-
dure is not consistent with a provision of this title. No reso-
lution offer made by the Fund shall be subject to review
by any court.
SEC. 813. COURT JURISDICTION AND PENALTIES.
(a) JURISDICTION OF FEDERAL COURTS.—Notwith-
standing section 1349 of title 28, United States Code:
(1) The Fund shall be deemed to be an agency
of the United States for purposes of sections 1345 and
1442 of title 28, United States Code.
(2) All civil actions to which the Fund is a
party shall be deemed to arise under the laws of the
United States, and the district courts of the United
States shall have original jurisdiction of all such ac-
tions, without regard to amount or value.
(3) Any civil or other action, case or controversy
in a court of a State, or in any court other than a
district court of the United States, to which the Fund
is a party may at any time before the trial thereof
be removed by the Fund, without the giving of any
bond or security, to the district court of the United
States for the district and division embracing the
place where the same is pending, or, if there is no
such district court, to the district court of the United
States for the district in which the principal office of
259
the Fund is located, by following any procedure for
removal of causes in effect at the time of such re-
moval.
(4) No attachment or execution shall be issued
against the Fund or any of its property before final
judgment in any State, Federal, or other court.
(b) 
FALSE
OR
FRAUDULENT
STATEMENTS
OR
CLAIMS.—
(1) CRIMINAL PENALTIES.—(A) For purposes of
section 287 of title 18, United States Code (relating
to false claims), the Fund shall be considered an agen-
cy of the United States and any officer or employee
of the Fund shall be considered a person in the civil
service of the United States.
(B) For purposes of section 1001 of title 18,
United States Code (relating to false statements or en-
tries), the Fund shall be considered an agency of the
United States.
(2) CIVIL PENALTIES.—Officers and employees of
the Fund shall be considered officers and employees of
the United States for purposes of section 3729 of title
31, United States Code (relating to false claims).
SEC. 814. MISCELLANEOUS PROVISIONS.
(a) ADMISSIBILITY OF RESOLUTION OFFER.—No reso-
lution offered by the Fund shall be admissible in any legal
260
action brought by an eligible person against an insurer or
by an insurer against an eligible person.
(b) RESOLUTION PROCESS NOT ADMISSION OF LIABIL-
ITY.—No provision of this title, and no action by an eligible
person undertaken in connection with any provision of this
title shall in any way constitute an admission of liability
in connection with the disposal of a hazardous substance.
(c) PRECEDENTIAL EFFECT.—No provision of this title
shall affect or be construed to establish a precedent with
respect to any insurance dispute between any person and
insurer not subject to a stay under this title.
(d) SOVEREIGN IMMUNITY OF THE UNITED STATES.—
No obligation or liability of the Fund shall constitute an
obligation or liability of the United States, or of any de-
partment, agency, instrumentality, officer, or employee
thereof. No person shall have a cause of action of any kind
against the United States, or any department agency, in-
strumentality, officer, or employee thereof with respect to
any obligation, liability, or activity of the Fund.
SEC. 815. REPORTS.
(a) REPORT
ON POTENTIAL
FOR ESCALATION
OF
EIRF LIABILITY.—Not later than the end of the 5th year
after enactment of this title, the President shall submit a
report to Congress assessing the potential liability of the
Fund over the next 5-year period. The report shall include
261
recommendations for amendments to address any shortfalls
between the projected potential liability of the Fund and
the amounts authorized to be raised over such 5-year period.
(b) REPORT ON NON-NPL FACILITIES.—The President
shall conduct a study of the number of non-NPL facilities
and the average cleanup cost per non-NPL facility and
shall report his findings not later than 3 years after the
date of enactment.
(c) ANNUAL REPORTS.—The Fund shall report annu-
ally to the President and the Congress not later than Janu-
ary 15 of each year on its activities for the prior fiscal
year. The report shall include—
(1) a financial statement audited by an inde-
pendent auditor; and
(2) a determination of whether the fees and as-
sessments imposed by section ll of the Internal
Revenue Code of 1986 will be sufficient to meet the
anticipated obligations of the Fund.
(d) SPECIAL REPORTS.—The Fund shall promptly re-
port to the President and the Congress at any time the
Fund determines that the fees and assessments imposed by
section ll of the Internal Revenue Code of 1986 will be
insufficient to meet the anticipated obligations of the Fund.
262
SEC. 816. EFFECTIVE DATE.
(a) IN GENERAL.—This title shall take effect on the
date of enactment of this Act.
(b) MINIMUM PARTICIPATION LEVEL
BY ELIGIBLE
PERSONS.—
(1) IDENTIFICATION
OF
LITIGATING
ELIGIBLE
PERSONS.—Each insurance company providing in-
surance coverage to eligible persons shall submit to
the Fund, within 30 days after the enactment of this
Act, a list of all eligible persons which filed suit
against that company for eligible costs prior to the
enactment of this Act and shall notify each eligible
person which is on the list.
(2) REQUESTS FOR APPLICABLE PERCENTAGE.—
Each eligible person identified on a list under para-
graph (1) shall file a request for its applicable per-
centage (as determined under section 806(b)) with the
Fund within 60 days after the enactment of this Act.
The Fund shall determine the applicable percentage of
the eligible person and notify the eligible person of
such percentage within 90 days of enactment. Each
eligible person receiving such notification shall decide
whether to accept or reject the applicable percentage
determination within 135 days of enactment. An eli-
gible person which has made an early acceptance or
rejection pursuant to section 807(b) shall be deemed
263
to have accepted or rejected its applicable percentage,
as the case may be. Any eligible person which does
not file such a request within such period, and any
eligible person which files such a request and does not
reject the applicable percentage determination within
135 days after the enactment of this Act, shall be
deemed to have accepted the determination solely for
the purposes of this section.
(3) MINIMUM
PARTICIPATION
LEVEL.—Within
150 days after enactment, the Fund shall determine—
(A) the number of eligible persons on the
list under paragraph (1), and
(B) the weighted average (as determined
under paragraph (4)) of such eligible persons,
which have accepted or rejected applicable percentage
determinations under this subsection. If more than 15
percent of the eligible persons on such list or more
than a weighted average of 15 percent of such eligible
persons have rejected such determinations, the provi-
sions of this title and the insurance fee provisions of
title IX shall cease to have any force and effect, and
any fees paid by insurance companies which have not
been utilized for administration of the Fund shall be
refunded to those companies.
265
(2) reimburse insurers with respect to litigation
commenced or continued in connection with a resolu-
tion offer made on or before the date 10 years after
the date of the enactment of this Act, where the resolu-
tion offer was rejected by an eligible person or not
acted upon by an eligible person.
SEC. 818. TERMINATION OF FUND.
If, during any two-year calendar period commencing
after the date 10 years after the date of the enactment of
this Act, no eligible person makes a claim to the Fund for
payment of eligible costs, the Fund shall terminate, and all
amounts remaining in the Fund shall be deposited in the
General Fund of the Treasury.
TITLE IX—TAXES
Sec. 901. Amendments to the Internal Revenue Code of 1986.
Sec. 902. Environmental fees and assessments on insurance companies.
Sec. 903. Funding provisions for environmental insurance resolution fund.
Sec. 904. Resolution Fund not subject to tax.
SEC. 901. AMENDMENTS TO THE INTERNAL REVENUE CODE
OF 1986.
(a) Section 59A(e)(1) of the Internal Revenue Code of
1986 (26 U.S.C. 59A(e)(1)) is amended by striking ‘‘Janu-
ary 1, 1996’’ and inserting instead ‘‘January 1, 2001’’.
(b) Section 4611(e) of the Internal Revenue Code of
1986 (26 U.S.C. 4611(e)) is amended—
(1) in paragraph (1), by striking ‘‘December 31,
1986’’ and inserting instead ‘‘December 31, 1995’’;
266
(2) in paragraph (2)—
(A) by striking ‘‘December 31, 1993 or De-
cember 31, 1994’’ and inserting instead ‘‘Decem-
ber 31, 1998 or December 31, 1999’’;
(B) by striking ‘‘December 31, of 1994 or
1995, respectively’’ and inserting instead ‘‘De-
cember 31 of 1999 or 2000, respectively’’; and
(C) by striking ‘‘1994 or 1995’’ the last
place it appears and inserting instead ‘‘1999 or
2000’’;
(3) in paragraph (3)(A), by striking ‘‘January
1, 1987, and ending December 31, 1995’’ and insert-
ing instead ‘‘January 1, 1996, and ending December
31, 2000’’; and
(4) in paragraph (3)(B)—
(A) in the title thereof, by striking ‘‘Janu-
ary 1, 1996’’ and inserting ‘‘January 1, 2001’’;
and
(B) by striking ‘‘Fund before January 1,
1996’’ and inserting instead ‘‘Fund before Janu-
ary 1, 2001’’.
267
SEC. 902. ENVIRONMENTAL FEES AND ASSESSMENTS ON IN-
SURANCE COMPANIES.
(a) IN GENERAL.—The Internal Revenue Code of 1986
is amended by inserting after section ll the following
new section:
‘‘§
. Environmental fees and assessments on insur-
ance companies’’.
[RESERVED]
(b) CLERICAL AMENDMENTS.—The table of sections for
chapter ll of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section ll
the following:
‘‘§
. Environmental fees and assessments on insur-
ance companies’’.
SEC. 903. FUNDING PROVISIONS FOR ENVIRONMENTAL IN-
SURANCE RESOLUTION FUND.
(A) IN GENERAL.—
(1) Except as provided in section 802(f)(7) of
this Act, all expenditures of the Resolution Fund shall
be paid out of the fees and assessments imposed by
section ll of the Internal Revenue Code.
(2) Except as may be expressly authorized by the
Secretary of the Treasury, all funds of the Resolution
Fund shall be maintained in the Treasury of the
United States. The Secretary may provide for the dis-
bursement of such funds to the Resolution Fund or on
268
behalf of the Resolution Fund under such procedures,
terms and conditions as the Secretary may prescribe.
(b) TRANSFER TO RESOLUTION FUND.—The Secretary
of the Treasury shall transfer to the Resolution Fund on
October 1 of fiscal year 1995, 1996, 1997, 1998 and 1999,
an amount equal to the fees and assessments anticipated
to be collected pursuant to section ll of the Internal Rev-
enue Code of 1986 during the then current fiscal year.
(c) ADJUSTMENTS.—In each succeeding fiscal year the
Secretary of the Treasury shall adjust the amounts trans-
ferred pursuant to paragraph (2) to reflect actual collections
of fees and assessments during the prior fiscal year, except
that with respect to the transfer made on October 1, 1999,
the Resolution Fund shall reimburse the Secretary the
amount of such transfer subsequently determined by the
Secretary to have exceeded actual collections of fees and as-
sessments during such fiscal year.
SEC. 904. RESOLUTION FUND NOT SUBJECT TO TAX.
The Resolution Fund, including its capital, reserves,
surplus, security holdings, and income shall be exempt from
all taxation now or hereafter imposed by the United States
(including any territory, dependency or possession thereof)
or any State, county, municipality or local taxing author-
ity.
269
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Superfund
Reform Act of 1994’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as fol-
lows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References to Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
TITLE I—COMMUNITY PARTICIPATION AND HUMAN
HEALTH
Sec. 101. Public participation.
Sec. 102. Community working groups.
Sec. 103. Hazard ranking system.
Sec. 104. Disease registry and medical care providers.
Sec. 105. Substance profiles.
Sec. 106. Determining health effects.
Sec. 107. Public health at NPL facilities.
Sec. 108. Health studies.
Sec. 109. Distribution of materials to health professionals and
medical centers.
Sec. 110. Grant awards, contracts, and community assistance
activities.
Sec. 111. Public health recommendations in remedial actions.
Sec. 112. Clarification of ATSDR authority.
Sec. 113. Recruitment and training demonstration program.
Sec. 114. Transition.
TITLE II—STATE ROLES
Sec. 201. Contracts or cooperative agreements with States.
Sec. 202.
State cost share.
Sec. 203. Siting.
Sec. 204. The State registry.
Sec. 205. Conforming and miscellaneous amendments.
Sec. 206. Study of authorization of States to carry out
Superfund.
Sec. 207. State role at Federal facilities.
TITLE III—VOLUNTARY RESPONSE
Sec. 301. Voluntary response program.
TITLE IV—LIABILITY AND ALLOCATION
Sec. 401. Information gathering and access.
Sec. 402. Compliance with administrative orders.
270
Sec. 403. Limitations to liability for response costs.
Sec. 404. Liability.
Sec. 405. Civil proceedings.
Sec. 406. Limitations on contribution actions.
Sec. 407. Scope of rulemaking authority.
Sec. 408. Response action contractors.
Sec. 409. Enhancement of settlement authorities.
Sec. 410. Professional services.
Sec. 411. Final convenants.
Sec. 412. Expedited final settlements.
Sec. 413. Allocation procedures.
Sec. 414. Recycling transactions.
Sec. 415. Release of evidence.
Sec. 416. Contiguous properties.
TITLE V—REMEDY SELECTION AND CLEANUP STANDARDS
Sec. 501. Cleanup standards.
Sec. 502. Remedy selection.
Sec. 503. Miscellaneous amendments to section 121.
Sec. 504. Response authorities.
Sec. 505. Removal actions.
Sec. 506. Hazardous substance property use.
Sec. 507. Transition.
TITLE VI—MISCELLANEOUS
Sec. 601. Interagency agreements at mixed ownership and
mixed responsibility facilities.
Sec. 602. Contents of certain deeds.
Sec. 603. Transfers of uncontaminated property.
Sec. 604. Agreements to transfer by deed.
Sec. 605. Alternative or innovative treatment technologies.
Sec. 606. Definitions.
Sec. 607. Response claims procedures.
Sec. 608. Small business ombudsman.
Sec. 609. Consideration of local government cleanup priorities.
Sec. 610. Consistent application among regional offices.
Sec. 611. Study of participants.
Sec. 612. Public comment.
Sec. 613. Certification of environmental training and certifi-
cation organizations.
Sec. 614. Savings clause.
Sec. 615. Federal entities and facilities.
Sec. 616. Worker training and education grants.
Sec. 617. Report and oversight requirements.
Sec. 618. Remedial technologies.
Sec. 619. Addition of States to governmental entities eligible
for reimbursement for emergency removal ac-
tions; clarification of authority to take emergency
response action at illicit drug laboratories.
Sec. 620. Incentives to managing parties.
Sec. 621. Study of small disadvantaged business goals.
Sec. 622. Incineration of dioxin at Times Beach, Missouri.
Sec. 623. Conforming amendment.
271
TITLE VII—FUNDING
Sec. 701. Authorization of appropriations.
Sec. 702. Orphan share funding.
Sec. 703. Agency for Toxic Substances and Disease Registry.
Sec. 704. Limitations on research, development, and dem-
onstration programs.
Sec. 705. Authorization of appropriations from general reve-
nues.
Sec. 706. Additional limitations.
Sec. 707. Uses of the fund.
TITLE VIII—ENVIRONMENTAL INSURANCE RESOLUTION
FUND
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Environmental Insurance Resolution Fund.
Sec. 804. Resolution offers.
Sec. 805. Documentation of claims and insurance coverage.
Sec. 806. Amount of resolution offers.
Sec. 807. Acceptance of resolution offer.
Sec. 808. Resolution payments.
Sec. 809. Rejection of resolution offer and reimbursement to
insurer.
Sec. 810. Financial Statements, audits, investigations, and in-
spections.
Sec. 811. Stay of pending litigation.
Sec. 812. Regulations.
Sec. 813. Court jurisdiction and penalties.
Sec. 814. Miscellaneous provisions.
Sec. 815. Reports.
Sec. 816. Effective date.
Sec. 817. Termination of authority to offer and accept resolu-
tion.
Sec. 818. Termination of fund.
TITLE IX—TAXES
Sec. 901. Amendments to the Internal Revenue Code of 1986.
Sec. 902. Environmental fees and assessments on insurance
companies.
Sec. 903. Funding provisions for Environmental Insurance Res-
olution Fund.
Sec. 904. Resolution Fund not subject to tax.
SEC. 3. REFERENCES TO COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LI-
ABILITY ACT OF 1980.
Except as otherwise expressly provided,
whenever in this Act an amendment or repeal
272
is expressed in terms of an amendment to, or
repeal of, a section or other provision, the ref-
erence shall be considered to be made to a
section or other provision of the Comprehen-
sive Environmental Response, Compensation,
and Liability Act of 1980 (commonly known as
‘‘Superfund’’) (42 U.S.C. 9601 and following).
TITLE I—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
SEC. 101. PUBLIC PARTICIPATION.
Section 117 (42 U.S.C. 9617) is amended by
striking subsection (e) and inserting the fol-
lowing:
‘‘(e) GRANTS FOR TECHNICAL ASSISTANCE.—
‘‘(1) AUTHORITY.—In accordance with
the rules promulgated by the Adminis-
trator, 
the 
Administrator 
may 
make
grants available to any group of individ-
uals which may be affected by the release
or threatened release of hazardous sub-
stances, pollutants, or contaminants at
any facility on the State Registry or the
National Priorities List. Such grants shall
be known as Technical Assistance Grants.
To ensure that the application process is
273
accessible to all affected citizens, the Ad-
ministrator 
shall 
periodically 
review
such process and, based on such review,
shall implement appropriate changes to
the application process to improve ac-
cess.
‘‘(2) 
SPECIAL
RULES.—No 
matching
contribution shall be required for a Tech-
nical Assistance Grant. The President
shall make a portion of the grant avail-
able to the grant recipient, in advance of
the expenditures to be covered by the
grant, in $5,000 installments.
‘‘(3) REPRESENTATIVE
OF
THE
COMMU-
NITY.—The President shall publish guid-
ance for determining that the recipient of
any Technical Assistance Grant award is
a legitimate representative of the commu-
nity affected by the facility.
‘‘(4) LIMIT
PER
FACILITY.—Not more
than one grant may be made under this
subsection with respect to a single facil-
ity, but the grant may be renewed to fa-
cilitate public participation at all stages
of response action. Limits shall be estab-
274
lished with respect to the number of
years for which grants may be available
based on the duration, type, and extent of
response activity at a facility.
‘‘(5) FUNDING AVAILABILITY.—Subject to
the limitations provided in paragraph (6),
grants shall be made available to affected
citizens who live in communities contain-
ing facilities in the State Registry not
listed on the National Priorities List.
‘‘(6) FUNDING LIMIT.—Not more than 4
percent of the funds made available for
carrying out this Act for any fiscal year
may be used for grants under this sub-
section in that fiscal year and not more
than one-eighth of the funds under this
subsection may be used for grants with
respect to facilities not listed on the Na-
tional Priorities List. If such one-eighth
portion is not needed for such facilities,
such portion may be used for grants with
respect to facilities listed on the National
Priorities List.
‘‘(7) 
FUNDING
AMOUNT.—The 
initial
amount of any grant under this sub-
275
section may not exceed $50,000 for a sin-
gle grant recipient. However, the Admin-
istrator shall increase the amount of the
initial grant, as appropriate, to reflect
the complexity of response action, the na-
ture and extent of contamination at the
facility, the level of facility activity, pro-
jected total needs as requested by the
grant recipient, the size and diversity of
the affected population, and the ability of
the grant recipient to identify and raise
funds from other sources.
‘‘(8) AUTHORIZED GRANT ACTIVITIES.—
‘‘(A) INTERPRETATION OF INFORMA-
TION.—Grants awarded under this
subsection may be used to obtain
technical assistance in interpreting
information with regard to (i) the na-
ture of the hazard at a facility; (ii) the
remedial investigation and feasibility
study; (iii) the record of decision; (iv)
the selection, design, and construc-
tion of the remedial action; (v) oper-
ation and maintenance; or (vi) re-
moval activities at such facility.
276
‘‘(B) 
ADDITIONAL
ACTIVITIES.—
Grants awarded under this section
also may be used (i) to obtain tech-
nical assistance in gathering and in-
terpreting information used to rank
facilities according to the Hazard
Ranking System, (ii) for gathering in-
formation to assess a remedy selec-
tion decision, (iii) to hire health and
safety experts to advise affected resi-
dents on health assessment and con-
tamination data gathering efforts and
response activities, (iv) to hire a com-
munity liaison to potentially respon-
sible parties and government agen-
cies, (v) to hire experts to file com-
ments with governmental agencies
and generate other documents as nec-
essary to ensure full participation by
the grant recipient, (vi) to hire ex-
perts to provide input to the design
of any health studies that a govern-
ment agency performs, and (vii) for
training funds for interested affected
community members to enable them
277
to more effectively participate in the
remedy selection process.
‘‘(C) LIMITATION.—Grants awarded
under this section may not be used
for the purposes of collecting field
sampling data.
‘‘(9) USE
OF
EXPERTS.—Technical or
other experts hired by grant recipients
under this subsection shall be hired by
such recipients pursuant to guidelines
developed by the Administrator.
‘‘(10) 
NON-SITE-SPECIFIC
GRANTS.—In
accordance with the rules promulgated
by the Administrator, the Administrator
may make Technical Assistance Grant
funds available to nonprofit organiza-
tions and citizens groups to enhance
their participation in consensus-based
rulemaking processes carried out in ac-
cordance with this Act. Total funding for
all such grants shall not exceed $100,000.
‘‘(f) IMPROVING
CITIZEN
AND
COMMUNITY
PARTICIPATION
IN
THE SUPERFUND DECISION-
MAKING PROCESS.—(1)(A) In order to provide
an opportunity for meaningful public partici-
278
pation in every significant phase of response
activities under this Act, the President shall
provide the opportunity for public meetings
and publish a notice of such meetings before
or during performance of each of the follow-
ing:
‘‘(i) The health assessment and the
preliminary assessment and site inspec-
tion, as appropriate. Where the President
determines a meeting is not appropriate
at the preliminary assessment and site in-
spection stage, the President shall pro-
vide adequate public notice of that deci-
sion.
‘‘(ii) The Remedial Investigation and
Feasibility Study (RI/FS).
‘‘(iii) The announcement of the pre-
ferred remedial alternative.
‘‘(iv) The completion of the work plan
for the RI/FS, Remedial Design and Re-
medial Action.
‘‘(B) Public meetings shall be designed to
obtain information from the community and
disseminate information to the community
279
concerning the President’s facility activities
and pending decisions.
‘‘(2) The President also shall provide rea-
sonable notice of an opportunity for public
participation in meetings in which—
‘‘(A) the participants include Federal
officials, or State officials where the
State is conducting response activities,
with authority to make significant deci-
sions affecting a response action, and any
other person or persons, unless the other
person or persons are all coregulators
that are not potentially responsible par-
ties, or government contractors; and
‘‘(B) the subject of the meeting in-
volves the development of the work plan
for the preliminary assessment and site
inspection, the RI/FS, Remedial Design or
Remedial Action, or any other phase of
the remedial process for facilities on the
National Priorities List or in the State
Registry.
‘‘(3) To the extent practicable, before or
during the health assessments and site in-
spection, the President shall solicit and evalu-
280
ate concerns, interests, and information from
the community likely affected by the facility.
The evaluation shall include, as appropriate,
face-to-face community surveys to identify
the location of private drinking water wells,
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.
‘‘(4) During the remedial investigation
and feasibility study, the President shall so-
licit the views and preferences of the affected
community on the remediation and disposi-
tion of hazardous substances, pollutants, or
contaminants at the facility. The views and
preferences of affected community members
shall be described in the remedial investiga-
tion and feasibility study and considered in
the screening of remedial alternatives for the
facility.
‘‘(5) Members of the affected community
may propose remedial alternatives to the
President, and the President shall consider
such alternatives in the same manner as the
281
President considers alternatives proposed by
potentially responsible parties.
‘‘(6) The President, with the assistance of
the Citizen Information and Access Office (as
provided for in subsection (h)), shall provide
information to the community and seek com-
ment from affected citizens throughout all
significant phases of the response action at
the facility. The President shall ensure that
information gathered from affected citizens
during community outreach efforts reaches
appropriate technical staff in a timely and ef-
fective manner. The President also shall en-
sure reasonable written or other appropriate
responses to such information.
‘‘(7) 
The 
President 
shall 
make 
all
nonprivileged information available to the
public throughout all phases of response ac-
tion at the facility. Such information shall be
made available to the public for inspection
and copying without the need to file a formal
request subject to reasonable service charges
as appropriate.
‘‘(8)(A) The President, in carrying out re-
sponsibilities under this Act, shall ensure that
282
the presentation of information on risk is un-
biased and informative. To the extent feasible,
documents made available to the general pub-
lic which purport to describe the degree of
risk to human health shall, at a minimum,
state—
‘‘(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 lower-bound estimates; and
‘‘(iv) the reasonable range or other
description of uncertainties in the assess-
ment process.
‘‘(B) To the extent practical and appro-
priate, the Administrator shall provide com-
parisons of the level of risk from hazardous
substances found at facilities to comparable
levels of risk from hazardous substances ordi-
narily encountered by the general public
through other routes of exposure.
‘‘(9) Notwithstanding any other provision
of this subsection, in the case of a removal ac-
tion taken in accordance with section 104
283
which is expected to extend beyond 180 days,
the President shall comply with the require-
ments of this section. Whenever the planning
period for a removal action is expected to be
greater than 6 months, the Administrator
shall provide the community with notice of
the anticipated removal action and a public
comment period of no less than 30 days.’’.
SEC. 102. COMMUNITY WORKING GROUPS.
Section 117 (42 U.S.C. 9617) is amended by
adding after subsection (f) (as added by this
Act) the following new subsections:
‘‘(g) COMMUNITY WORKING GROUPS.—
‘‘(1) CREATION AND RESPONSIBILITIES.—
The President shall provide the oppor-
tunity for the establishment of a rep-
resentative public forum, known as a
Community Working Group (CWG), to
achieve direct, regular, and meaningful
consultation with all interested parties
throughout all stages of a response action
whenever—
‘‘(A) 
the 
President 
determines
such a group will be helpful; or
284
‘‘(B) 50 citizens, or at least 20 per-
cent of the population of a locality in
which the National Priorities List fa-
cility is located, petition for a Com-
munity Working Group to be estab-
lished.
‘‘(2) DUTIES.—Each Community Work-
ing Group shall provide information and
views to the President, and, as appro-
priate, any or all of the following: the
Agency for Toxic Substances and Disease
Registry, State regulatory agencies, Fed-
eral and State natural resource trustees,
and potentially responsible parties con-
ducting response actions. The informa-
tion and views reported shall include the
various subjects related to facility reme-
diation, including facility health studies,
potential remedial alternatives, and se-
lection and implementation of remedial
and removal actions. The Community
Working Group shall attempt to achieve
consensus among its members before re-
porting positions to agencies or poten-
tially responsible parties. In cases in
285
which consensus cannot be reached, the
Community Working Group shall allow
the presentation of divergent views.
‘‘(3) LAND USE RECOMMENDATIONS.—To
obtain greater community support for re-
medial decisions affecting future land
use, the President shall consult with the
CWG on a regular basis throughout the
remedy selection process regarding the
reasonably anticipated future use of land
at the facility and any institutional con-
trols required to assure that land use de-
terminations remain in effect. The CWG
may offer recommendations on the rea-
sonably anticipated future use of land at
the facility to the President at any time
prior to the selection of a remedy at the
facility. The land use recommendation
shall consider at a minimum future facil-
ity waste management needs and the cri-
teria in section 121(b)(2). The President
shall not be bound by any recommenda-
tion of the CWG. However, the President
shall give substantial weight to the
CWG’s land use recommendation when
286
the CWG achieves consensus on the rea-
sonably anticipated future use of land at
the facility. In cases in which there is
substantive 
disagreement 
within 
the
CWG over a recommendation regarding
the reasonably anticipated future use of
land at the facility, the President shall
make reasonable efforts to reconcile the
differences. In the event of continued
substantive 
disagreement, 
substantial
weight shall be given to the views of the
residents in the affected community.
Should the President make a determina-
tion that is inconsistent with a consensus
CWG recommendation on the reasonably
expected future use of land at the facility,
the President shall issue a written expla-
nation for the inconsistency.
‘‘(4) 
COMMUNITY
WORKING
GROUP
INPUT.—With the exception of land use
recommendations, input received from
the Community Working Groups shall be
considered by the President to be of
equal weight with the advice received
from the Technical Assistance Grant re-
287
cipients and other affected community
members.
‘‘(5) COMMUNITY WORKING GROUP MEM-
BERS.—Members shall serve on the Com-
munity Working Group without pay.
Membership on the Community Working
Group shall not exceed 20 persons. The
President shall solicit and accept nomi-
nations 
for 
the 
Community 
Working
Group membership. Ultimate selection of
CWG members shall be made by the
President after consultation with the Cit-
izen Information and Access Office as
provided for in subsection (h). The Presi-
dent shall also provide notice and oppor-
tunity to participate to persons who are
or historically have been disproportion-
ately affected by facility contamination
in their community. Each Community
Working Group shall, to the extent prac-
ticable, reflect the composition of the
community near the facility and the di-
versity of interest. Local residents shall
comprise no less than 50 percent of the
total membership of the CWG. In general,
288
the President shall allow members of the
following groups representation on a
CWG:
‘‘(A) Persons residing or owning
residential property near the facility
or persons who may be directly af-
fected by the releases from the facil-
ity. At least one person in this group
shall represent the Technical Assist-
ance Grant recipient if such a grant
has been awarded under subsection
(e).
‘‘(B) Persons who, although not
residing or owning property near the
facility, may be potentially affected
by releases from the facility.
‘‘(C) Members of the local medical
community practicing in the commu-
nity.
‘‘(D) Representatives of local In-
dian tribes or Indian communities.
‘‘(E) Local representatives of citi-
zen, environmental, or public interest
groups with members residing in the
community.
289
‘‘(F) Local government which may
include pertinent city or county gov-
ernments, or both, and any other gov-
ernmental unit which regulates land
use in the vicinity of the facility.
‘‘(G) Workers at the facility who
will be involved in actual response
operations.
‘‘(H) Workers employed at the fa-
cility during facility operation.
‘‘(I) Facility owners and local rep-
resentatives of the significant Poten-
tially 
Responsible 
Parties 
(PRPs),
who represent, wherever practicable,
a balance of PRP interests.
‘‘(J) Members of the local business
community.
‘‘(6) TECHNICAL
AND
ADMINISTRATIVE
SUPPORT
FOR
COMMUNITY
WORKING
GROUPS.—The President shall provide ad-
ministrative services and meeting facili-
ties for Community Working Groups. The
Administrator of Environmental Protec-
tion Agency, the Administrator of the
Agency for Toxic Substances and Disease
290
Registry and the State, as appropriate,
shall participate in Community Working
Group meetings to provide information
and technical expertise, but shall not be
members of the Community Working
Group.
‘‘(7) OTHER PUBLIC COMMENT.—The ex-
istence of a CWG shall not diminish any
other obligation of the President to con-
sider the views of any person in selecting
response actions under this Act.
‘‘(h) CITIZEN INFORMATION AND ACCESS OF-
FICES.—
‘‘(1) ESTABLISHMENT OF CITIZEN INFOR-
MATION
AND
ACCESS
OFFICES.—Within 18
months after the date of enactment of the
Superfund Reform Act of 1994, a Citizen
Information and Access Office (CIAO)
shall be established within each State to
perform the functions provided in this
subsection. The CIAO shall be an inde-
pendent special purpose unit of the gov-
ernment, subject to the administrative
laws of the State, including any sunshine
laws. If a CIAO has not been established
291
in a State within such 18 months, the Ad-
ministrator shall establish an office with-
in the Agency to perform the functions of
the CIAO in that State until such time as
a CIAO is established.
‘‘(2) PRIMARY
FUNCTIONS.—Each Citi-
zen Information and Access Office shall
have the following primary functions:
‘‘(A) The Citizen Information and
Access Office shall inform citizens
and elected officials at all levels of
government of the existence of State
Registry and National Priorities List
facilities in the State.
‘‘(B) The Citizen Information and
Access Office shall provide citizens
with a description of the identifica-
tion and response process under this
Act and citizens’ legal rights within
that process. It may include identi-
fication of resources, including Tech-
nical Assistance Grants, that are
available to assist affected citizens in
participating 
effectively 
in 
the
Superfund process. Information shall
292
be disseminated in a manner that is
easily understood by the community,
considering 
any 
unique 
cultural
needs of the community, including
presentation of information orally
and distribution of information in
languages other than English as ap-
propriate. Other information that the
CIAO shall provide to the public may
include the following:
‘‘(i) The possibility, where rel-
evant, that a community may
qualify to receive an alternative
water supply or relocation assist-
ance.
‘‘(ii) The potential for or exist-
ence of a Community Working
Group.
‘‘(iii) A description of the fa-
cility’s location and characteris-
tics, the hazardous substances,
pollutants 
or 
contaminants
present, 
the 
known 
exposure
pathways, and the steps being
taken to assess the risk presented
293
by the facility. The Citizen Infor-
mation and Access Office shall
disseminate information charac-
terizing the risks presented by a
facility. Where a CIAO receives
conflicting information from the
President and the Community
Working Group, the CIAO will
make every effort to resolve any
apparent difference in informa-
tion on the risks present at the fa-
cility before it distributes that in-
formation to the public. Where no
agreement is reached among the
Citizen Information and Access
Office, the President, and the
Community Working Group, the
Citizen Information and Access
Office shall disseminate such in-
formation reflecting the differing
views about the risk presented by
the facility. The Citizen Informa-
tion and Access Office shall seek
to ensure that the information it
disseminates is based on the most
294
current technical and scientific
data in its possession for any
State Registry or National Prior-
ities List facility.
‘‘(C) The Citizen Information and
Access Office shall serve as an infor-
mation clearinghouse in each State.
Its functions also shall include main-
taining records of each facility’s sta-
tus and any health data generated
concerning National Priorities List
facilities in each State. The facility
data maintained by the Citizen Infor-
mation and Access Office shall also
include—
‘‘(i) a record of any institu-
tional controls at all facilities in
the State;
‘‘(ii) any annual health data
generated in connection with the
facility;
‘‘(iii) the location of each facil-
ity on the State Registry;
‘‘(iv) to the extent available,
the hazardous substances or pol-
295
lutants or contaminants present
at each facility in the State, in-
cluding the volume of the hazard-
ous substances or pollutants or
contaminants;
‘‘(v) the exposure pathways,
current exposure (if any), poten-
tial future exposure, and risks to
human health or the environ-
ment, after seeking to resolve any
discrepancies as provided in sub-
paragraph (B)(iii);
‘‘(vi) protective concentration
levels established for the facility;
‘‘(vii) the biennial Environ-
mental Justice Report prepared
pursuant to this section; and
‘‘(viii) any report generated
during the review conducted in
accordance with section 121(c).
‘‘(D) The Citizen Information and
Access Office shall assist the Adminis-
trator in the Administrator’s efforts
to disseminate information, notify
citizens of public meetings, notify po-
296
tential Community Working Group
members, and other tasks, as appro-
priate.
‘‘(E) The Citizen Information and
Access Office shall collect available
information from the Administrator
or other Federal or State agencies re-
garding the continued effectiveness
of 
removal 
and 
remedial 
actions
taken in the State.
‘‘(F) The Citizen Information and
Access Office shall conduct outreach
activities and provide information to
small disadvantaged businesses about
Federal and State contracting and (to
the extent available) subcontracting
opportunities 
at 
facilities 
in 
the
State.
‘‘(3) FUNDING.—Funding for all Citizen
Information and Access Offices, collec-
tively, shall not exceed $50,000,000 per
year. The Administrator shall publish
guidelines establishing a formula for de-
termining the actual amount of funding
for each Citizen Information and Access
297
Office 
and 
procedures 
for 
awarding
grants to any CIAO. The formula shall in-
clude factors such as the number and
complexity of State Registry and National
Priorities List facilities in the State. The
funding shall be available directly to
each Citizen Information and Access Of-
fice or, in States where no CIAO is estab-
lished, the funding shall be made avail-
able to the Administrator to carry out the
responsibilities of this subsection in that
State or for the use of the entity with
whom the Administrator contracts to per-
form the functions of the CIAO.
‘‘(4) CITIZEN INFORMATION AND ACCESS
OFFICE GOVERNING BOARD.—
‘‘(A) ESTABLISHMENT.—Each Citi-
zen Information and Access Office
shall establish a volunteer Citizen
Governing Board which shall have
the ultimate responsibility for ensur-
ing that the Citizen Information and
Access Office is properly managed.
298
‘‘(B) CITIZEN INFORMATION AND AC-
CESS
OFFICE
GOVERNING
BOARD
MEM-
BERS.—
‘‘(i) 
NOMINATIONS.—Citizens
active in State Registry and Na-
tional Priorities List facility com-
munities shall nominate persons
for board membership.
‘‘(ii) APPOINTMENTS.—The Gov-
ernor of each State shall appoint,
from those nominees put forward,
between 7 and 15 citizens to serve
as board members.
‘‘(iii) 
MEMBERS
QUALIFICA-
TIONS.— Where possible, the Gov-
ernor shall ensure that one-half of
the appointees reside in commu-
nities affected by a variety of Na-
tional Priorities List facilities in
the State, and the other half re-
side in communities affected by a
variety of non-NPL State Registry
facilities in the State. Board mem-
bers shall have a demonstrated
commitment to the needs of the
299
citizens in these communities,
and shall reasonably reflect the
racial and ethnic composition of
these communities. Special efforts
shall be made to nominate citi-
zens who are or historically have
been disproportionately adversely
affected by facility contamina-
tion.
‘‘(iv) EXPERIENCE.—Where pos-
sible, Board members should have
a background in a field of study
related to the scientific and tech-
nical issues common to Superfund
facilities, or have practical expe-
rience related to the Superfund
program.
‘‘(v) TERMS.—Board members
shall serve for limited, staggered
terms.
‘‘(5) CITIZEN INFORMATION AND ACCESS
OFFICE STAFF.—Each Citizen Information
and Access Office shall have a permanent
staff to assist in carrying out its func-
tions. 
Staff 
shall 
have 
demonstrated
300
qualifications for working with citizens
in communities located near State Reg-
istry or National Priorities List facilities,
and shall also meet other criteria estab-
lished by the President in consultation
with the Citizen Information and Access
Office Citizen Governing Board. An Exec-
utive Director or President, selected by
the full Governing Board, shall be re-
sponsible for all Citizen Information and
Access Office staffing decisions.
‘‘(6) FEDERAL OVERSIGHT OF CITIZEN IN-
FORMATION AND ACCESS OFFICE.—
‘‘(A) REPORT.—The Citizens Infor-
mation and Access Office shall report
annually to the Administrator regard-
ing performance of its duties and
shall provide a detailed accounting of
its use of funds under this section.
‘‘(B) VERIFICATION
BY
INSPECTOR
GENERAL.—The Inspector General of
the Environmental Protection Agency
shall periodically review the pro-
grams and reports made under this
section.
301
‘‘(C) CONSEQUENCES OF FAILURE.—
The Administrator may withhold any
funding authorized under this section
if the Administrator determines, after
notice to the affected CIAO, that the
CIAO has expended funds in a man-
ner inconsistent with this section.
‘‘(7) CITIZEN INFORMATION AND ACCESS
OFFICES AND COMMUNITY WORKING GROUPS
FOR TRIBAL PEOPLES.—Members of Indian
tribes affected by a facility on the Na-
tional Priorities List may petition the Ad-
ministrator to form a body that is the
equivalent of a State Citizen Information
and Access Office. Notwithstanding the
creation of a tribal Citizen Information
and Access Office, the State Citizen Infor-
mation and Access Office shall be respon-
sible for providing information and ex-
pertise to tribal members as well as other
citizens in the State. Tribal members may
establish Community Working Groups
under subsection (g) regardless of wheth-
er there exists a tribal Citizen Informa-