I
104TH CONGRESS
2D SESSION
H. R. 3093
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to establish a brownfield cleanup loan program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 1996
Mr. FRANKS of Connecticut introduced the following bill; which was referred
to the Committee on Commerce, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to establish a
brownfield cleanup loan program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CLEANUP OF BROWNFIELDS.
The Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 is amended by adding
the following new title at the end thereof:
‘‘TITLE VI—CLEANUP OF BROWNFIELDS
‘‘SEC. 601. DEFINITION OF BROWNFIELD SITE.
‘‘As used in this title, the term ‘brownfield site’
means a parcel of land that contains, or contained aban-
doned or underused commercial or industrial facilities, the
expansion or redevelopment of which is complicated by the
presence or potential presence of hazardous substances.
‘‘SEC. 602. BROWNFIELD CLEANUP ASSISTANCE PROGRAM.
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Adminis-
trator shall establish a program to provide loans for the
environmental assessment and remediation of eligible
brownfield sites.
‘‘(b) 
ELIGIBLE
BROWNFIELD
SITES.—Any
brownfield site shall be eligible for assistance under this
title unless the site is one of the following:
‘‘(1) Any facility that is the subject of ongoing
removal action under title I of this Act.
‘‘(2) Any facility included, or proposed for in-
clusion, in the National Priorities List maintained
by the Administrator under title I of this Act.
‘‘(3) Any facility with respect to which an ad-
ministrative order on consent or judicial consent de-
cree requiring cleanup has been entered into by the
United States under the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.), the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.), or
title XIV of the Public Health Service Act, com-
monly known as the Safe Drinking Water Act (42
U.S.C. 300f and following).
‘‘(4) Any facility owned or operated by a de-
partment, agency, or instrumentality of the United
States.
‘‘(c) ASSISTANCE FOR SITE CHARACTERIZATION AND
ASSESSMENT.—Upon the approval of an application made
by any person, and with the consent of the State and local
government having jurisdiction over one or more eligible
brownfield sites, the Administrator may make loans under
this subsection to the applicant to be used for the site
characterization and assessment of such site or sites. Site
characterizations and assessments shall be performed in
accordance with generally accepted good commercial and
customary 
standards 
and 
practices 
under 
section
101(39)(B) of this Act.
‘‘(d) ASSISTANCE
FOR ENVIRONMENTAL REMEDI-
ATION.—Upon the approval of an application made by any
person, and with the consent of the State and local govern-
ment having jurisdiction over one or more eligible
brownfield sites, the Administrator may make loans under
this subsection to such applicant to be used for response
action (excluding site characterization and assessment) at
one or more eligible brownfield sites. Such response action
shall be for purposes of making such site or sites available
for manufacturing, business, or other commercial or resi-
dential purposes.
‘‘(e) SUNSET.—No amount shall be available from
the Hazardous Substance Superfund for purposes of this
title.
‘‘(f) PROHIBITION.—No portion of any assistance
provided under this section to an eligible applicant may
be used for payment of penalties or fines.
‘‘(g) AUDITS.—The Inspector General of the Envi-
ronmental Protection Agency shall audit all loans made
under this section to ensure that all funds are used for
the purposes set forth in this section.
‘‘(h) AGREEMENTS.—Each loan made under this sec-
tion shall be subject to an agreement which requires the
following:
‘‘(1) The agreement shall require the applicant
to comply with all applicable Federal and State laws
and regulations.
‘‘(2) The agreement shall require that the ap-
plicant shall use the loan exclusively for purposes
specified in subsection (c) or (d), as the case may
be.