[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1285 Amendment Ordered to be Printed Senate (AS)]

                           Amendment No. 3563

                                S. 1285
                                                                   IIIA
<bullet>AMDT. NO. 3563
AMENDMENT NO. 3563
Purpose: In the nature of a substitute.

       IN THE SENATE OF THE UNITED STATES--104th Cong., 2d Sess.

                                S. 1285

  To reauthorize and amend the Comprehensive Environmental Recovery, 
    Compensation, and Liability Act of 1980, and for other purposes.

                             March 21, 1996

 Referred to the Committee on Environment and Public Works and ordered 
                             to be printed

Amendment In the Nature of a Substitute intended to be proposed by Mr. 
        Smith (for himself and Mr. Chafee)
Viz:
    Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Accelerated 
Cleanup and Environmental Restoration Act of 1996''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--COMMUNITY PARTICIPATION

Sec. 101. Community response organizations; technical assistance 
                            grants; improvement of public participation 
                            in the Superfund decisionmaking process.
                          TITLE II--STATE ROLE

Sec. 201. Delegation to the States of authorities with respect to 
                            national priorities list facilities.
                      TITLE III--VOLUNTARY CLEANUP

Sec. 301. Assistance for qualifying State voluntary response programs.
Sec. 302. Brownfield characterization program.
Sec. 303. Treatment of security interest holders and fiduciaries as 
                            owners or operators.
Sec. 304. Federal Deposit Insurance Act amendment.
Sec. 305. Contiguous properties.
Sec. 306. Prospective purchasers and windfall liens.
Sec. 307. Safe harbor innocent landholders.
                TITLE IV--SELECTION OF REMEDIAL ACTIONS

Sec. 401. Definitions.
Sec. 402. Selection and implementation of remedial actions.
Sec. 403. Remedy selection methodology.
Sec. 404. Remedy selection procedures.
Sec. 405. Completion of physical construction and delisting.
Sec. 406. Transition rules for facilities currently involved in remedy 
                            selection.
Sec. 407. Judicial review.
Sec. 408. National Priorities List.
                           TITLE V--LIABILITY

Sec. 501. Liability exceptions and limitations.
Sec. 502. Contribution from the Fund for certain retroactive liability.
Sec. 503. Allocation of liability for certain facilities.
Sec. 504. Liability of response action contractors.
Sec. 505. Release of evidence.
Sec. 506. Contribution protection.
Sec. 507. Treatment of religious, charitable, scientific, and 
                            educational organizations as owners or 
                            operators.
Sec. 508. Common carriers.
Sec. 509. Limitation on liability for response costs.
                      TITLE VI--FEDERAL FACILITIES

Sec. 601. Transfer of authorities.
Sec. 602. Limitation on criminal liability of Federal officers, 
                            employees, and agents.
Sec. 603. Innovative technologies for remedial action at Federal 
                            facilities.
Sec. 604. Federal facility listing.
Sec. 605. Federal facility listing deferral.
Sec. 606. Transfers of uncontaminated property.
                  TITLE VII--NATURAL RESOURCE DAMAGES

Sec. 701. Restoration of natural resources.
Sec. 702. Assessment of damages.
Sec. 703. Consistency between response actions and resource restoration 
                            standards and alternatives.
Sec. 704. Miscellaneous amendments.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Result-oriented cleanups.
Sec. 802. National Priorities List.
Sec. 803. Obligations from the fund for response actions.
Sec. 804. Remediation waste.
                           TITLE IX--FUNDING

                     Subtitle A--General Provisions

Sec. 901. Authorization of appropriations from the Fund.
Sec. 902. Orphan share funding.
Sec. 903. Department of Health and Human Services.
Sec. 904. Limitations on research, development, and demonstration 
                            programs.
Sec. 905. Authorization of appropriations from general revenues.
Sec. 906. Additional limitations.
Sec. 907. Reimbursement of potentially responsible parties.

                    TITLE I--COMMUNITY PARTICIPATION

SEC. 101. COMMUNITY RESPONSE ORGANIZATIONS; TECHNICAL ASSISTANCE 
              GRANTS; IMPROVEMENT OF PUBLIC PARTICIPATION IN THE 
              SUPERFUND DECISIONMAKING PROCESS.

    (a) Amendment.--Section 117 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is 
amended by striking subsection (e) and inserting the following:
    ``(e) Community Response Organizations.--
            ``(1) Establishment.--The Administrator shall create a 
        community response organization for a facility that is listed 
        or proposed for listing on the National Priorities List--
                    ``(A) if the Administrator determines that a 
                representative public forum will be helpful in 
                promoting direct, regular, and meaningful consultation 
                among persons interested in remedial action at the 
                facility; or
                    ``(B) at the request of--
                            ``(i) 50 individuals residing in, or at 
                        least 20 percent of the population of, the area 
                        in which the facility is located;
                            ``(ii) a representative group of the 
                        potentially responsible parties; or
                            ``(iii) any local governmental entity with 
                        jurisdiction over the facility.
            ``(2) Responsibilities.--A community response organization 
        shall--
                    ``(A) solicit the views of the local community on 
                various issues affecting the development and 
                implementation of remedial actions at the facility;
                    ``(B) serve as a conduit of information to and from 
                the community to appropriate Federal, State, and local 
                agencies and potentially responsible parties;
                    ``(C) serve as a representative of the local 
                community during the remedial action planning and 
                implementation process; and
                    ``(D) provide reasonable notice of and 
                opportunities to participate in the meetings and other 
                activities of the community response organization.
            ``(3) Access to documents.--The Administrator shall provide 
        a community response organization access to documents in 
        possession of the Federal Government regarding response actions 
        at the facility that do not relate to liability and are not 
        protected from disclosure as confidential business information.
            ``(4) Community response organization input.--
                    ``(A) Consultation.--The Administrator (or if the 
                remedial action plan is being prepared or implemented 
                by a party other than the Administrator, the other 
                party) shall--
                            ``(i) consult with the community response 
                        organization in developing and implementing the 
                        remedial action plan; and
                            ``(ii) keep the community response 
                        organization informed of progress in the 
                        development and implementation of the remedial 
                        action plan.
                    ``(B) Timely submission of comments.--The community 
                response organization shall provide its comments, 
                information, and recommendations in a timely manner to 
                the Administrator (and other party).
                    ``(C) Consensus.--The community response 
                organization shall attempt to achieve consensus among 
                its members before providing comments and 
                recommendations to the Administrator (and other party), 
                but if consensus cannot be reached, the community 
                response organization shall report or allow 
                presentation of divergent views.
            ``(5) Technical assistance grants.--
                    ``(A) Preferred recipient.--If a community response 
                organization exists for a facility, the community 
                response organization shall be the preferred recipient 
                of a technical assistance grant under subsection (f).
                    ``(B) Prior award.--If a technical assistance grant 
                concerning a facility has been awarded prior to 
                establishment of a community response organization--
                            ``(i) the recipient of the grant shall 
                        coordinate its activities and share information 
                        and technical expertise with the community 
                        response organization; and
                            ``(ii) 1 person representing the grant 
                        recipient shall serve on the community response 
                        organization.
            ``(6) Membership.--
                    ``(A) Number.--The Administrator shall select not 
                less than 15 nor more than 20 persons to serve on a 
                community response organization.
                    ``(B) Notice.--Before selecting members of the 
                community response organization, the Administrator 
                shall provide a notice of intent to establish a 
                community response organization to persons who reside 
                in the local community.
                    ``(C) Represented groups.--The Administrator shall, 
                to the extent practicable, appoint members to the 
                community response organization from each of the 
                following groups of persons:
                            ``(i) Persons who reside or own residential 
                        property near the facility.
                            ``(ii) Persons who, although they may not 
                        reside or own property near the facility, may 
                        be adversely affected by a release from the 
                        facility.
                            ``(iii) Persons who are members of the 
                        local public health or medical community and 
                        are practicing in the community.
                            ``(iv) Representatives of Indian tribes or 
                        Indian communities that reside or own property 
                        near the facility or that may be adversely 
                        affected by a release from the facility.
                            ``(v) Local representatives of citizen, 
                        environmental, or public interest groups with 
                        members residing in the community.
                            ``(vi) Representatives of local 
                        governments, such as city or county 
                        governments, or both, and any other 
                        governmental unit that regulates land use or 
                        land use planning in the vicinity of the 
                        facility.
                            ``(vii) Members of the local business 
                        community.
                    ``(D) Proportion.--Local residents shall comprise 
                not less than 60 percent of the membership of a 
                community response organization.
                    ``(E) Pay.--Members of a community response 
                organization shall serve without pay.
            ``(7) Participation by government representatives.--
        Representatives of the Administrator, the Administrator of the 
        Agency for Toxic Substances and Disease Registry, other Federal 
        agencies, and the State, as appropriate, shall participate in 
        community response organization meetings to provide information 
        and technical expertise, but shall not be members of the 
        community response organization.
            ``(8) Administrative support.--The Administrator shall 
        provide administrative services and meeting facilities for 
        community response organizations.
            ``(9) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to a community response organization.
    ``(f) Technical Assistance Grants.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Affected citizen group.--The term `affected 
                citizen group' means a group of 2 or more individuals 
                who may be affected by the release or threatened 
                release of a hazardous substance, pollutant, or 
                contaminant at any facility on the State Registry or 
                the National Priorities List.
                    ``(B) Technical assistance grant.--The term 
                `technical assistance grant' means a grant made under 
                paragraph (2).
            ``(2) Authority.--
                    ``(A) In general.--In accordance with a regulation 
                issued by the Administrator, the Administrator may make 
                grants available to affected citizen groups.
                    ``(B) Availability of application process.--To 
                ensure that the application process for a technical 
                assistance grant is available to all affected citizen 
                groups, the Administrator shall periodically review the 
                process and, based on the review, implement appropriate 
                changes to improve availability.
            ``(3) Special rules.--
                    ``(A) No matching contribution.--No matching 
                contribution shall be required for a technical 
                assistance grant.
                    ``(B) Availability in advance.--The Administrator 
                shall make all or a portion (but not less than $5,000 
                or 10 percent of the grant amount, whichever is 
                greater) of the grant amount available to a grant 
recipient in advance of the total expenditures to be covered by the 
grant.
            ``(4) Limit per facility.--
                    ``(A) 1 grant per facility.--Not more than 1 
                technical assistance grant may be made with respect to 
                a single facility, but the grant may be renewed to 
                facilitate public participation at all stages of 
                response action.
                    ``(B) Duration.--The Administrator shall set a 
                limit by regulation on the number of years for which a 
                technical assistance grant may be made available based 
                on the duration, type, and extent of response action at 
                a facility.
            ``(5) Availability for facilities not yet listed.--Subject 
        to paragraph (6), 1 or more technical assistance grants shall 
        be made available to affected citizen groups in communities 
        containing facilities on the State Registry as of the date on 
        which the grant is awarded.
            ``(6) Funding limit.--
                    ``(A) Percentage of total appropriations.--Not more 
                than 2 percent of the funds made available to carry out 
                this Act for a fiscal year may be used to make 
                technical assistance grants.
                    ``(B) Allocation between listed and unlisted 
                facilities.--Not more than the portion of funds equal 
                to \1/8\ of the total amount of funds used to make 
                technical assistance grants for a fiscal year may be 
                used for technical assistance grants with respect to 
                facilities not listed on the National Priorities List.
            ``(7) Funding amount.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of a technical assistance 
                grant may not exceed $50,000 for a single grant 
                recipient.
                    ``(B) Increase.--The Administrator may increase the 
                amount of a technical assistance grant, or renew a 
                previous technical assistance grant, up to a total 
                grant amount not exceeding $100,000, to reflect the 
                complexity of the response action, the nature and 
                extent of contamination at the facility, the level of 
                facility activity, projected 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 non-
                Federal sources.
            ``(8) Use of technical assistance grants.--
                    ``(A) Permitted use.--A technical assistance grant 
                may be used to obtain technical assistance in 
                interpreting information with regard to--
                            ``(i) the nature of the hazardous 
                        substances located at a facility;
                            ``(ii) the work plan;
                            ``(iii) the facility evaluation;
                            ``(iv) a proposed remedial action plan, a 
                        remedial action plan, and a final remedial 
                        design for a facility;
                            ``(v) response actions carried out at the 
                        facility; and
                            ``(vi) operation and maintenance activities 
                        at the facility.
                    ``(B) Prohibited use.--A technical assistance grant 
                may not be used for the purpose of collecting field 
                sampling data.
            ``(9) Grant guidelines.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this paragraph, the Administrator 
                shall develop and publish guidelines concerning the 
                management of technical assistance grants by grant 
                recipients.
                    ``(B) Hiring of experts.--A recipient of a 
                technical assistance grant that hires technical experts 
                and other experts shall act in accordance with the 
                guidelines under subparagraph (A).
    ``(g) Improvement of Public Participation in the Superfund 
Decisionmaking Process.--
            ``(1) In general.--
                    ``(A) Meetings and notice.--In order to provide an 
                opportunity for meaningful public participation in 
                every significant phase of response activities under 
                this Act, the Administrator shall provide the 
                opportunity for, and publish notice of, public meetings 
                before or during performance of--
                            ``(i) a facility evaluation, as 
                        appropriate;
                            ``(ii) announcement of a proposed remedial 
                        action plan; and
                            ``(iii) completion of a final remedial 
                        design.
                    ``(B) Information.--A public meeting under 
                subparagraph (A) shall be designed to obtain 
                information from the community, and disseminate 
                information to the community, with respect to a 
                facility concerning the Administrator's facility 
                activities and pending decisions.
            ``(2) Participants and subject.--The Administrator shall 
        provide reasonable notice of an opportunity for public 
        participation in meetings in which--
                    ``(A) the participants include Federal officials 
                (or State officials, if the State is conducting 
                response actions under a delegated or authorized 
                program or through facility referral) with authority to 
                make significant decisions affecting a response action, 
                and other persons (unless all of such other persons are 
                coregulators that are not potentially responsible 
                parties or are government contractors); and
                    ``(B) the subject of the meeting involves 
                discussions directly affecting--
                            ``(i) a legally enforceable work plan 
                        document, or any significant amendment to the 
                        document, for a removal, facility evaluation, 
                        proposed remedial action plan, final remedial 
                        design, or remedial action for a facility on 
                        the National Priorities List; or
                            ``(ii) the final record of information on 
                        which the Administrator will base a hazard 
                        ranking system score for a facility.
            ``(3) Limitation.--Nothing in this subsection shall be 
        construed--
                    ``(A) to provide for public participation in or 
                otherwise affect any negotiation, meeting, or other 
                discussion that concerns only the potential liability 
                or settlement of potential liability of any person, 
                whether prior to or following the commencement of 
                litigation or administrative enforcement action;
                    ``(B) to provide for public participation in or 
                otherwise affect any negotiation, meeting, or other 
                discussion that is attended only by representatives of 
                the United States (or of a department, agency, or 
                instrumentality of the United States) with attorneys 
                representing the United States (or of a department, 
                agency, or instrumentality of the United States); or
                    ``(C) to waive, compromise, or affect any privilege 
                that may be applicable to a communication related to an 
                activity described in subparagraph (A) or (B).
            ``(4) Evaluation.--
                    ``(A) In general.--To the extent practicable, 
                before and during the facility evaluation, the 
                Administrator shall solicit and evaluate concerns, 
                interests, and information from the community.
                    ``(B) Procedure.--An evaluation under subparagraph 
                (A) shall include, as appropriate--
                            ``(i) 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;
                            ``(ii) a public meeting;
                            ``(iii) written responses to significant 
                        concerns; and
                            ``(iv) other appropriate participatory 
                        activities.
            ``(5) Views and preferences.--
                    ``(A) Solicitation.--During the facility 
                evaluation, the Administrator (or other person 
                performing the facility evaluation) shall solicit the 
views and preferences of the community on the remediation and 
disposition of hazardous substances or pollutants or contaminants at 
the facility.
                    ``(B) Consideration.--The views and preferences of 
                the community shall be described in the facility 
                evaluation and considered in the screening of remedial 
                alternatives for the facility.
            ``(6) Alternatives.--Members of the community may propose 
        remedial action alternatives, and the Administrator shall 
        consider such alternatives in the same manner as the 
        Administrator considers alternatives proposed by potentially 
        responsible parties.
            ``(7) Information.--
                    ``(A) The community.--The Administrator, with the 
                assistance of the community response organization under 
                subsection (g) if there is one, shall provide 
                information to the community and seek comment from the 
                community throughout all significant phases of the 
                response action at the facility.
                    ``(B) Technical staff.--The Administrator shall 
                ensure that information gathered from the community 
                during community outreach efforts reaches appropriate 
                technical staff in a timely and effective manner.
                    ``(C) Responses.--The Administrator shall ensure 
                that reasonable written or other appropriate responses 
                will be made to such information.
            ``(8) Nonprivileged information.--Throughout all phases of 
        response action at a facility, the Administrator shall make all 
        nonprivileged information relating to a facility available to 
        the public for inspection and copying without the need to file 
        a formal request, subject to reasonable service charges as 
        appropriate.
            ``(9) Presentation.--
                    ``(A) Documents.--
                            ``(i) In general.--The Administrator, in 
                        carrying out responsibilities under this Act, 
                        shall ensure that the presentation of 
                        information on risk is complete and 
                        informative.
                            ``(ii) Risk.--To the extent feasible, 
                        documents prepared by the Administrator and 
                        made available to the public that purport to 
                        describe the degree of risk to human health 
                        shall, at a minimum, state--
                                    ``(I) the distribution of risk, 
                                including upperbound and lowerbound 
                                estimates of the incremental risk;
                                    ``(II) the population or 
                                populations addressed by any estimates 
                                of the risk;
                                    ``(III) the expected risk or 
                                central estimate of the risk for the 
                                specific population;
                                    ``(IV) the reasonable range or 
                                other description of uncertainties in 
                                the assessment process; and
                                    ``(V) the assumptions that form the 
                                basis for any estimates of such risk 
                                posed by the facility and a brief 
                                explanation of the assumptions.
                    ``(B) Comparisons.--The Administrator, in carrying 
                out responsibilities under this Act, shall provide 
                comparisons of the level of risk from hazardous 
                substances found at the facility to comparable levels 
                of risk from those hazardous substances ordinarily 
                encountered by the general public through other sources 
                of exposure.
            ``(10) Requirements.--
                    ``(A) Lengthy removal actions.--Notwithstanding any 
                other provision of this subsection, in the case of a 
                removal action taken in accordance with section 104 
                that is expected to require more than 180 days to 
                complete, and in any case in which implementation of a 
                removal action is expected to obviate or that in fact 
                obviates the need to conduct a long-term remedial 
                action--
                            ``(i) the Administrator shall, to the 
                        maximum extent practicable, allow for public 
                        participation consistent with paragraph (1); 
                        and
                            ``(ii) the removal action shall achieve the 
                        goals of protecting human health and the 
                        environment in accordance with section 
                        121(a)(1).
                    ``(B) Other removal actions.--In the case of all 
                other removal actions, the Administrator may provide 
                the community with notice of the anticipated removal 
                action and a public comment period, as appropriate.''.
    (b) Issuance of Guidelines.--The Administrator of the Environmental 
Protection Agency shall issue guidelines under section 117(e)(9) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as added by subsection (a), not later than 90 days after the 
date of enactment of this Act.

                          TITLE II--STATE ROLE

SEC. 201. DELEGATION TO THE STATES OF AUTHORITIES WITH RESPECT TO 
              NATIONAL PRIORITIES LIST FACILITIES.

    (a) In General.--Title I of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.), as amended by section 302, is amended by adding at the end the 
following:

``SEC. 135. DELEGATION TO THE STATES OF AUTHORITIES WITH RESPECT TO 
              NATIONAL PRIORITIES LIST FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Comprehensive delegation state.--The term 
        `comprehensive delegation State', with respect to a facility, 
        means a State to which the Administrator has delegated 
        authority to perform all of the categories of delegable 
        authority.
            ``(2) Delegable authority.--The term `delegable authority' 
        means authority to perform (or ensure performance of) all of 
        the authorities included in any 1 or more of the categories of 
        authority:
                    ``(A) Category a.--All authorities necessary to 
                perform technical investigations, evaluations, and risk 
                analyses, including--
                            ``(i) a preliminary assessment or facility 
                        evaluation under section 104;
                            ``(ii) facility characterization under 
                        section 104;
                            ``(iii) a remedial investigation under 
                        section 104;
                            ``(iv) a facility-specific risk evaluation 
                        under section 129(b)(4); and
                            ``(v) any other authority identified by the 
                        Administrator under subsection (b).
                    ``(B) Category b.--All authorities necessary to 
                perform alternatives development and remedy selection, 
                including--
                            ``(i) a feasibility study under section 
                        104; and
                            ``(ii)(I) remedial action selection under 
                        section 121 (including issuance of a record of 
                        decision); or
                            ``(II) remedial action planning under 
                        section 129(b)(5); and
                            ``(iii) any other authority identified by 
                        the Administrator under subsection (b).
                    ``(C) Category c.--All authorities necessary to 
                perform remedial design, including--
                            ``(i) remedial design under section 121; 
                        and
                            ``(ii) any other authority identified by 
                        the Administrator under subsection (b).
                    ``(D) Category d.--All authorities necessary to 
                perform remedial action and operation and maintenance, 
                including--
                            ``(i) a removal under section 104;
                            ``(ii) a remedial action under section 104 
                        or section 10 (a) or (b);
                            ``(iii) operation and maintenance under 
                        section 104(c); and
                            ``(iv) any other authority identified by 
                        the Administrator under subsection (b).
                    ``(E) Category e.--All authorities necessary to 
                perform information collection and allocation of 
                liability, including--
                            ``(i) information collection activity under 
                        section 104(e);
                            ``(ii) allocation of liability under 
                        section 132;
                            ``(iii) a search for potentially 
                        responsible parties under section 104 or 107;
                            ``(iv) settlement under section 122; and
                            ``(v) any other authority identified by the 
                        Administrator under subsection (b).
                    ``(F) Category f.--All authorities necessary to 
                perform enforcement, including--
                            ``(i) issuance of an order under section 
                        106(a);
                            ``(ii) a response action cost recovery 
                        under section 107;
                            ``(iii) imposition of a civil penalty or 
                        award under section 109 (a)(1)(D) or (b)(4);
                            ``(iv) settlement under section 122; and
                            ``(v) any other authority identified by the 
                        Administrator under subsection (b).
            ``(3) Delegated state.--The term `delegated State' means a 
        State to which delegable authority has been delegated under 
        subsection (c), except as may be provided in a delegation 
        agreement in the case of a limited delegation of authority 
        under subsection (c)(5).
            ``(4) Delegated authority.--The term `delegated authority' 
        means a delegable authority that has been delegated to a 
        delegated State under this section.
            ``(5) Delegated facility.--The term `delegated facility' 
        means a non-Federal listed facility with respect to which a 
        delegable authority has been delegated to a State under this 
        section.
            ``(6) Noncomprehensive delegation state.--The term 
        `noncomprehensive delegation State', with respect to a 
        facility, means a State to which the Administrator has 
        delegated authority to perform fewer than all of the categories 
        of delegable authority.
            ``(7) Nondelegable authority.--The term `nondelegable 
        authority' means authority to--
                    ``(A) make grants to community response 
                organizations under section 117; and
                    ``(B) conduct research and development activities 
                under any provision of this Act.
            ``(8) Non-federal listed facility.--The term `non-Federal 
        listed facility' means a facility that--
                    ``(A) is not owned or operated by a department, 
                agency, or instrumentality of the United States in any 
                branch of the Government; and
                    ``(B) is listed on the National Priorities List.
    ``(b) Identification of Delegable Authorities.--
            ``(1) In general.--The President shall by regulation 
        identify all of the authorities of the Administrator that shall 
        be included in a delegation of any category of delegable 
        authority described in subsection (a)(2).
            ``(2) Limitation.--The Administrator shall not identify a 
        nondelegable authority for inclusion in a delegation of any 
        category of delegable authority.
    ``(c) Delegation of Authority.--
            ``(1) In general.--Pursuant to an approved State 
        application, the Administrator shall delegate authority to 
        perform 1 or more delegable authorities with respect to 1 or 
        more non-Federal listed facilities in the State.
            ``(2) Application.--An application under paragraph (1) 
        shall--
                    ``(A) identify each non-Federal listed facility for 
                which delegation is requested;
                    ``(B) identify each delegable authority that is 
                requested to be delegated for each non-Federal listed 
                facility for which delegation is requested; and
                    ``(C) certify that the State, supported by such 
                documentation as the State, in consultation with the 
                Administrator, considers to be appropriate, has--
                            ``(i) statutory and regulatory authority 
                        (including appropriate enforcement authority) 
                        to perform the requested delegable authorities 
                        in a manner that is protective of human health 
                        and the environment;
                            ``(ii) resources in place to adequately 
                        administer and enforce the authorities; and
                            ``(iii) procedures to ensure public notice 
                        and, as appropriate, opportunity for comment on 
                        remedial action plans, consistent with sections 
                        117 and 129.
            ``(3) Approval of application.--
                    ``(A) In general.--Not later than 60 days after 
                receiving an application under paragraph (2) by a State 
                that is authorized to administer and enforce the 
                corrective action requirements of a hazardous waste 
                program under section 3006 of the Solid Waste Disposal 
                Act (42 U.S.C. 6926), and not later than 120 days after 
                receiving an application from a State that is not 
                authorized to administer and enforce the corrective 
                action requirements of a hazardous waste program under 
                section 3006 of the Solid Waste Disposal Act (42 U.S.C. 
                6926), unless the State agrees to a greater length of 
                time for the Administrator to make a determination, the 
                Administrator shall--
                            ``(i) issue a notice of approval of the 
                        application (including approval or disapproval 
                        regarding any or all of the facilities with 
                        respect to which a delegation of authority is 
                        requested or with respect to any or all of the 
                        authorities that are requested to be 
                        delegated); or
                            ``(ii) if the Administrator determines that 
                        the State does not have adequate legal 
                        authority, financial and personnel resources, 
                        organization, or expertise to administer and 
                        enforce any of the requested delegable 
                        authority, issue a notice of disapproval, 
                        including an explanation of the basis for the 
                        determination.
                    ``(B) Failure to act.--If the Administrator does 
                not issue a notice of approval or notice of disapproval 
                of all or any portion of an application within the 
                applicable time period under subparagraph (A), the 
                application shall be deemed to have been granted.
                    ``(C) Resubmission of application.--
                            ``(i) In general.--If the Administrator 
                        disapproves an application under paragraph (1), 
                        the State may resubmit the application at any 
                        time after receiving the notice of disapproval.
                            ``(ii) Failure to act.--If the 
                        Administrator does not issue a notice of 
                        approval or notice of disapproval of a 
                        resubmitted application within the applicable 
                        time period under subparagraph (A), the 
                        resubmitted application shall be deemed to have 
                        been granted.
                    ``(D) No additional terms or conditions.--The 
                Administrator shall not impose any term or condition on 
                the approval of an application that meets the 
                requirements stated in paragraph (2) (except that any 
                technical deficiencies in the application be 
                corrected).
                    ``(E) Judicial review.--The State (but no other 
                person) shall be entitled to judicial review under 
                section 113(b) of a disapproval of a resubmitted 
                application.
            ``(4) Delegation agreement.--On approval of a delegation of 
        authority under this section, the Administrator and the 
        delegated State shall enter into a delegation agreement that 
        identifies each category of delegable authority that is 
        delegated with respect to each delegated facility.
            ``(5) Limited delegation.--
                    ``(A) In general.--In the case of a State that does 
                not meet the requirements of paragraph (2)(C) the 
                Administrator may delegate to the State limited 
                authority to perform, ensure the performance of, or 
                supervise or otherwise participate in the performance 
                of 1 or more delegable authorities, as appropriate in 
                view of the extent to which the State has the required 
                legal authority, financial and personnel resources, 
                organization, and expertise.
                    ``(B) Special provisions.--In the case of a limited 
                delegation of authority to a State under subparagraph 
                (A), the Administrator shall specify the extent to 
                which the State shall be considered to be a delegated 
                State for the purposes of this Act.
    ``(d) Performance of Delegated Authorities.--
            ``(1) In general.--A delegated State shall have sole 
        authority (except as provided in paragraph (6)(B), subsection 
        (e)(4), and subsection (g)) to perform a delegated authority 
        with respect to a delegated facility.
            ``(2) Agreements for performance of delegated 
        authorities.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a delegated State may enter into an 
                agreement with a political subdivision of the State, an 
                interstate body comprised of that State and another 
                delegated State or States, or a combination of such 
                subdivisions or interstate bodies, providing for the 
                performance of any category of delegated authority with 
                respect to a delegated facility in the State if the 
                parties to the agreement agree in the agreement to 
                undertake response actions that are consistent with 
                this Act.
                    ``(B) No agreement with potentially responsible 
                party.--A delegated State shall not enter into an 
                agreement under subparagraph (A) with a political 
                subdivision or interstate body that is, or includes as 
                a component an entity that is, a potentially 
                responsible party with respect to a delegated facility 
                covered by the agreement.
                    ``(C) Continuing responsibility.--A delegated State 
                that enters into an agreement under subparagraph (A)--
                            ``(i) shall exercise supervision over and 
                        approve the activities of the parties to the 
                        agreement; and
                            ``(ii) shall remain responsible for 
                        ensuring performance of the delegated 
                        authority.
            ``(3) Compliance with act.--
                    ``(A) Noncomprehensive delegation states.--A 
                noncomprehensive delegation State shall implement each 
                applicable provision of this Act (including regulations 
                and guidance issued by the Administrator) so as to 
                perform each delegated authority with respect to a 
                delegated facility in the same manner as would the 
                Administrator with respect to a facility that is not a 
                delegated facility.
                    ``(B) Comprehensive delegation states.--
                            ``(i) In general.--A comprehensive 
                        delegation State shall implement applicable 
                        provisions of this Act or of similar provisions 
                        of State law in a manner comporting with State 
                        policy, so long as the remedial action that is 
                        selected protects human health and the 
                        environment to the same extent as would a 
                        remedial action selected by the Administrator 
                        under section 121.
                            ``(ii) Costlier remedial action.--
                                    ``(I) In general.--A delegated 
                                State may select a remedial action for 
                                a delegated facility that has a greater 
                                response cost (including operation and 
                                maintenance costs) than the response 
                                cost for a remedial action that would 
                                be selected by the Administrator under 
                                section 121, if the State pays for the 
                                difference in cost.
                                    ``(II) No cost recovery.--If a 
                                delegated State selects a more costly 
                                remedial action under subclause (I), 
                                the State shall not be entitled to seek 
                                cost recovery under this Act or any 
                                other Federal or State law from any 
                                other person for the difference in 
                                cost.
            ``(4) Judicial review.--An order that is issued under 
        section 106 by a delegated State with respect to a delegated 
        facility shall be reviewable only in United States district 
        court under section 113.
            ``(5) Delisting of national priorities list facilities.--
                    ``(A) Delisting.--After notice and an opportunity 
                for public comment, a delegated State may remove from 
                the National Priorities List all or part of a delegated 
                facility--
                            ``(i) if the State makes a finding that no 
                        further action is needed to be taken at the 
                        facility (or part of the facility) under any 
                        applicable law to protect human health and the 
                        environment consistent with section 121(a) (1) 
                        and (2);
                            ``(ii) with the concurrence of the 
                        potentially responsible parties, if the State 
                        has an enforceable agreement to perform all 
                        required remedial action and operation and 
                        maintenance for the facility or if the cleanup 
                        will proceed at the facility under section 3004 
                        (u) or (v) of the Solid Waste Disposal Act (42 
                        U.S.C. 6924 (u), (v)); or
                            ``(iii) if the State is a comprehensive 
                        delegation State with respect to the facility.
                    ``(B) Effect of delisting.--A delisting under 
                subparagraph (A) (ii) or (iii) shall not affect--
                            ``(i) the authority or responsibility of 
                        the State to complete remedial action and 
                        operation and maintenance;
                            ``(ii) the eligibility of the State for 
                        funding under this Act;
                            ``(iii) notwithstanding the limitation on 
                        section 104(c)(1), the authority of the 
                        Administrator to make expenditures from the 
                        Fund relating to the facility; or
                            ``(iv) the enforceability of any consent 
                        order or decree relating to the facility.
                    ``(C) No relisting.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Administrator shall not relist 
                        on the National Priorities List a facility or 
                        part of a facility that has been removed from 
                        the National Priorities List under subparagraph 
                        (A).
                            ``(ii) Cleanup not completed.--The 
                        Administrator may relist a facility or part of 
                        a facility that has been removed from the 
                        National Priorities List under subparagraph (A) 
                        if cleanup is not completed in accordance with 
                        the enforceable agreement under subparagraph 
                        (A)(ii).
            ``(6) Cost recovery.--
                    ``(A) Recovery by a delegated state.--Of the amount 
                of any response costs recovered from a responsible 
                party by a delegated State for a delegated facility 
                under section 107--
                            ``(i) 25 percent of the amount of any 
                        Federal response cost recovered with respect to 
                        a facility, plus an amount equal to the amount 
                        of response costs incurred by the State with 
                        respect to the facility, may be retained by the 
                        State; and
                            ``(ii) the remainder shall be deposited in 
                        the Hazardous Substances Superfund established 
                        under subchapter A of chapter 98 of the 
                        Internal Revenue Code of 1986.
                    ``(B) Recovery by the administrator.--
                            ``(i) In general.--The Administrator may 
                        take action under section 107 to recover 
                        response costs from a responsible party for a 
                        delegated facility if--
                                    ``(I) the delegated State notifies 
                                the Administrator in writing that the 
                                delegated State does not intend to 
                                pursue action for recovery of response 
                                costs under section 107 against the 
                                responsible party; or
                                    ``(II) the delegated State fails to 
                                take action to recover response costs 
                                within a reasonable time in light of 
                                applicable statutes of limitation.
                            ``(ii) Notice.--If the Administrator 
                        proposes to commence an action for recovery of 
                        response costs under section 107, the 
                        Administrator shall give the State written 
                        notice and allow the State at least 90 days 
                        after receipt of the notice to commence the 
                        action.
                            ``(iii) No further action.--If the 
                        Administrator takes action against a 
                        potentially responsible party under section 107 
                        relating to a release from a delegated 
                        facility, the delegated State may not take any 
                        other action for recovery of response costs 
                        relating to that release under this Act or any 
                        other Federal or State law.
    ``(e) Federal Responsibilities and Authorities.--
            ``(1) Review use of funds.--
                    ``(A) In general.--The Administrator shall review 
                the certification submitted by the Governor under 
                subsection (f)(8) not later than 120 days after the 
                date of its submission.
                    ``(B) Finding of use of funds inconsistent with 
                this act.--If the Administrator finds that funds were 
                used in a manner that is inconsistent with this Act, 
                the Administrator shall notify the Governor in writing 
                not later than 120 days after receiving the Governor's 
                certification.
                    ``(C) Explanation.--Not later than 30 days after 
                receiving a notice under subparagraph (B), the Governor 
                shall--
                            ``(i) explain why the Administrator's 
                        finding is in error; or
                            ``(ii) explain to the Administrator's 
                        satisfaction how any misapplication or misuse 
                        of funds will be corrected.
                    ``(D) Failure to explain.--If the Governor fails to 
                make an explanation under subparagraph (C) to the 
                Administrator's satisfaction, the Administrator may 
                request reimbursement of such amount of funds as the 
                Administrator finds was misapplied or misused.
                    ``(E) Repayment of funds.--If the Administrator 
                fails to obtain reimbursement from the State within a 
                reasonable period of time, the Administrator may, after 
                30 days' notice to the State, bring a civil action in 
                United States district court to recover from the 
                delegated State any funds that were advanced for a 
                purpose or were used for a purpose or in a manner that 
                is inconsistent with this Act.
            ``(2) Withdrawal of delegation of authority.--
                    ``(A) Delegated states.--If at any time the 
                Administrator finds that contrary to a certification 
                made under subsection (c)(2), a delegated State--
                            ``(i) lacks the required financial and 
                        personnel resources, organization, or expertise 
                        to administer and enforce the requested 
                        delegated authorities;
                            ``(ii) does not have adequate legal 
                        authority to request and accept delegation; or
                            ``(iii) is failing to materially carry out 
                        the State's delegated authorities,
                the Administrator may withdraw a delegation of 
                authority with respect to a delegated facility after 
                providing notice and opportunity to correct 
                deficiencies under subparagraph (D).
                    ``(B) States with limited delegations of 
                authority.--If the Administrator finds that a State to 
                which a limited delegation of authority was made under 
                subsection (c)(5) has materially breached the 
                delegation agreement, the Administrator may withdraw 
                the delegation after providing notice and opportunity 
                to correct deficiencies under subparagraph (D).
                    ``(C) No withdrawal with 1 year of approval.--The 
                Administrator shall not withdraw a delegation of 
                authority within 1 year after the date on which the 
                application for delegation is approved (including 
                approval under subsection (c)(3) (B) or (C)(ii)).
                    ``(D) Notice and opportunity to correct.--If the 
                Administrator proposes to withdraw a delegation of 
                authority for any or all delegated facilities, the 
                Administrator shall give the State written notice and 
                allow the State at least 90 days after the date of 
                receipt of the notice to correct the deficiencies cited 
                in the notice.
                    ``(E) Failure to correct.--If the Administrator 
                finds that the deficiencies have not been corrected 
                within the time specified in a notice under 
                subparagraph (D), the Administrator may withdraw 
                delegation of authority after providing public notice 
                and opportunity for comment.
                    ``(F) Judicial review.--A decision of the 
                Administrator to withdraw a delegation of authority 
                shall be subject to judicial review under section 
                113(b).
            ``(3) Rule of construction.--Nothing in this section shall 
        be construed to affect the authority of the Administrator under 
        this Act to--
                    ``(A) take a response action at a facility listed 
                on the National Priorities List in a State to which a 
                delegation of authority has not been made under this 
                section or at a facility not included in a delegation 
                of authority; or
                    ``(B) perform a delegable authority with respect to 
                a facility that is not included among the authorities 
                delegated to a State with respect to the facility.
            ``(4) Emergency removal.--
                    ``(A) Notice.--Before performing an emergency 
                removal action under section 104 at a delegated 
                facility, the Administrator shall notify the delegated 
                States of the Administrator's intention to perform the 
                removal.
                    ``(B) State action.--If, after receiving a notice 
                under subparagraph (A), the delegated State notifies 
                the Administrator within 48 hours that the State 
                intends to take action to perform an emergency removal 
                at the delegated facility, the Administrator shall not 
                perform the emergency removal action unless the 
                Administrator determines that the delegated State has 
                failed to act within a reasonable period of time to 
                perform the emergency removal.
                    ``(C) Immediate and significant danger.--If the 
                Administrator finds that an emergency at a delegated 
                facility poses an immediate and significant danger to 
                human health or the environment, the Administrator 
                shall not be required to provide notice under 
                subparagraph (A).
            ``(5) Prohibited actions.--Except as provided in 
        subsections (d)(6)(B), (e)(4), and (g) or except with the 
        concurrence of the delegated State, the President, the 
        Administrator, and the Attorney General shall not take any 
        action under section 104, 106, 107, 109, 121, or 122 in 
        performance of a delegable authority that has been delegated to 
        a State with respect to a delegated facility.
    ``(f) Funding.--
            ``(1) In general.--The Administrator shall provide grants 
        to or enter into contracts or cooperative agreements with 
        delegated States to carry out this section.
            ``(2) No claim against fund.--Notwithstanding any other 
        law, funds to be granted under this subsection shall not 
        constitute a claim against the Fund or the United States.
            ``(3) Determination of costs on a facility-specific 
        basis.--The Administrator shall--
                    ``(A) determine--
                            ``(i) the delegable authorities the costs 
                        of performing which it is practicable to 
                        determine on a facility-specific basis; and
                            ``(ii) the delegable authorities the costs 
                        of performing which it is not practicable to 
                        determine on a facility-specific basis; and
                    ``(B) publish a list describing the delegable 
                authorities in each category.
            ``(4) Facility-specific grants.--The costs described in 
        paragraph (3)(A)(i) shall be funded as such costs arise with 
        respect to each delegated facility.
            ``(5) Nonfacility-specific grants.--
                    ``(A) In general.--The costs described in paragraph 
                (3)(A)(ii) shall be funded through nonfacility-specific 
                grants under this paragraph.
                    ``(B) Formula.--The Administrator shall establish a 
                formula under which funds available for nonfacility-
                specific grants shall be allocated among the delegated 
                States, taking into consideration--
                            ``(i) the cost of administering the 
                        delegated authority;
                            ``(ii) the number of sites for which the 
                        State has been delegated authority;
                            ``(iii) the types of activities for which 
                        the State has been delegated authority;
                            ``(iv) the number of facilities within the 
                        State that are listed on the National 
                        Priorities List or are delegated facilities 
                        under section 127(d)(5);
                            ``(v) the number of other high priority 
                        facilities within the State;
                            ``(vi) the need for the development of the 
                        State program;
                            ``(vii) the need for additional personnel;
                            ``(viii) the amount of resources available 
                        through State programs for the cleanup of 
                        contaminated sites; and
                            ``(ix) the benefit to human health and the 
                        environment of providing the funding.
            ``(6) Permitted use of grant funds.--A delegated State may 
        use grant funds, in accordance with this Act and the National 
        Contingency Plan, to take any action or perform any duty 
        necessary to implement the authority delegated to the State 
        under this section.
            ``(7) Cost share.--
                    ``(A) Assurance.--A delegated State to which a 
                grant is made under this subsection shall provide an 
                assurance that the State will pay any amount required 
                under section 104(c)(3).
                    ``(B) Prohibited use of grant funds.--A delegated 
                State to which a grant is made under this subsection 
                may not use grant funds to pay any amount required 
                under section 104(c)(3).
            ``(8) Certification of use of funds.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which a delegated State receives funds under 
                this subsection, and annually thereafter, the Governor 
                of the State shall submit to the Administrator--
                            ``(i) a certification that the State has 
                        used the funds in accordance with the 
                        requirements of this Act and the National 
                        Contingency Plan; and
                            ``(ii) information describing the manner in 
                        which the State used the funds.
                    ``(B) Regulations.--Not later than 1 year after the 
                date of enactment of this section, the Administrator 
                shall issue a regulation describing with particularity 
                the information that a State shall be required to 
                provide under subparagraph (A)(ii).
    ``(g) Cooperative Agreements.--Nothing in this section shall affect 
the authority of the Administrator under section 104(d)(1) to enter 
into a cooperative agreement with a State, a political subdivision of a 
State, or an Indian tribe to carry out actions under section 104.
    ``(h) Non-National Priorities List Facilities.--
            ``(1) Definitions.--In this subsection, the term `non-
        National Priorities List facility' means a facility that is 
        not, and never has been, listed on the National Priorities List 
        and that is not owned or operated by a department, agency, or 
        instrumentality of the United States.
            ``(2) Finality.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a determination that a response 
                action at a non-National Priorities List facility or 
                portion of a non-National Priorities List facility is 
                complete under State law is final, and the facility 
                shall not be subject to further response action 
                notwithstanding any provision of this Act or any other 
                Federal law.
                    ``(B) Exception for emergency removals.--The 
                Administrator may conduct an emergency removal action 
                under the authority of section 104 subject to the 
                notice requirement of section 135(e)(4) at a non-
                National Priorities List facility.''.
    (b) State Cost Share.--Section 104(c) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(c)) is amended--
            (1) by striking ``(c)(1) Unless'' and inserting the 
        following:
    ``(c) Miscellaneous Limitations and Requirements.--
            ``(1) Continuance of obligations from fund.--Unless'';
            (2) by striking ``(2) The President'' and inserting the 
        following:
            ``(2) Consultation.--The President''; and
            (3) by striking paragraph (3) and inserting the following:
            ``(3) State cost share.--
                    ``(A) In general.--The Administrator shall not 
                provide any remedial action under this section unless 
                the State in which the release occurs first enters into 
                a contract or cooperative agreement with the 
                Administrator providing assurances deemed adequate by 
                the Administrator that the State will pay, in cash or 
                through in-kind contributions, a specified percentage 
                of the costs of the remedial action and operation and 
                maintenance costs.
                    ``(B) Activities with respect to which state cost 
                share is required.--No State cost share shall be 
                required except for remedial actions under section 104 
                and facilities with respect to which there is an 
                exemption under section 107(r).
                    ``(C) Specified percentage.--
                            ``(i) In general.--The specified percentage 
                        of costs that a State shall be required to 
                        share shall be the lower of 10 percent or the 
                        percentage determined under clause (ii).
                            ``(ii) Maximum in accordance with law prior 
                        to 1996 amendments.--
                                    ``(I) On petition by a State, the 
                                Director of the Office of Management 
                                and Budget (referred to in this clause 
                                as the `Director'), after providing 
                                public notice and opportunity for 
                                comment, shall establish a cost share 
                                percentage, which shall be uniform for 
                                all facilities in the State, at the 
                                percentage rate at which the total 
                                amount of anticipated payments by the 
                                State under the cost share for all 
                                facilities in the State for which a 
                                cost share is required most closely 
                                approximates the total amount of 
                                estimated cost share payments by the 
                                State for facilities that would have 
                                been required under cost share 
                                requirements that were applicable prior 
                                to the date of enactment of this 
                                subparagraph, adjusted to reflect the 
                                extent to which the State's ability to 
                                recover costs under this Act were 
                                reduced by reason of enactment of 
                                amendments to this Act by the 
                                Accelerated Cleanup and Environmental 
                                Restoration Act of 1996.
                                    ``(II) The Director may adjust a 
                                State's cost share under this clause 
                                not more frequently than every 3 years.
                    ``(D) Indian tribes.--In the case of remedial 
                action to be taken on land or water held by an Indian 
                Tribe, held by the United States in trust for Indians, 
                held by a member of an Indian Tribe (if the land or 
                water is subject to a trust restriction on alienation), 
                or otherwise within the borders of an Indian 
                reservation, the requirements of this paragraph shall 
                not apply.''.
    (c) Uses of Fund.--Section 111(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9611(a)) is amended by inserting after paragraph (6) the 
following:
            ``(7) Grants to delegated states.--Making a grant to a 
        delegated State under section 135(f).''.
    (d) Relationship to Other Laws.--
            (1) In general.--Section 114(b) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9614(b)) is amended by striking ``removal'' each 
        place it appears and inserting ``response''.
            (2) Conforming amendment.--Section 101(37)(B) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601(37)(B)) is amended by 
        striking ``section 114(c)'' and inserting ``section 114(b)''.

                      TITLE III--VOLUNTARY CLEANUP

SEC. 301. ASSISTANCE FOR QUALIFYING STATE VOLUNTARY RESPONSE PROGRAMS.

    (a) Definition.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is 
amended by adding at the end the following:
            ``(39) Qualifying state voluntary response program.--The 
        term `qualifying State voluntary response program' means a 
        State program that includes the elements described in section 
        133(b).''.
    (b) Qualifying State Voluntary Response Programs.--Title I of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.), as amended by section 501, is amended 
by adding at the end the following:

``SEC. 133. QUALIFYING STATE VOLUNTARY RESPONSE PROGRAMS.

    ``(a) Assistance to States.--The Administrator shall provide 
technical and other assistance to States to establish and expand 
qualifying State voluntary response programs that include the elements 
listed in subsection (b).
    ``(b) Elements.--The elements of a qualifying State voluntary 
response program are the following:
            ``(1) Opportunities for technical assistance for voluntary 
        response actions.
            ``(2) Adequate opportunities for public participation, 
        including prior notice and opportunity for comment in 
        appropriate circumstances, in selecting response actions.
            ``(3) Streamlined procedures to ensure expeditious 
        voluntary response actions.
            ``(4) Oversight and enforcement authorities or other 
        mechanisms that are adequate to ensure that--
                    ``(A) voluntary response actions will protect human 
                health and the environment and be conducted in 
                accordance with applicable Federal and State law; and
                    ``(B) if the person conducting the voluntary 
                response action fails to complete the necessary 
                response activities, including operation and 
                maintenance or long-term monitoring activities, the 
                necessary response activities are completed.
            ``(5) Mechanisms for approval of a voluntary response 
        action plan.
            ``(6) A requirement for certification or similar 
        documentation from the State to the person conducting the 
        voluntary response action indicating that the response is 
        complete.''.
    (c) Funding.--Section 111(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611), as 
amended by section 201(b), is amended by inserting after paragraph (7) 
the following:
            ``(8) Qualifying state voluntary response programs.--For 
        assistance to States to establish and administer qualifying 
        State voluntary response programs, during the first 5 full 
        fiscal years following the date of enactment of this 
        subparagraph, in a total amount to all States that is not less 
        than 2 percent and not more than 5 percent of the amount 
        available in the Fund for each such fiscal year, distributed 
        among each of the States that notifies the Administrator of the 
        State's intent to establish a qualifying State voluntary 
        response program and each of the States with a qualifying State 
        voluntary response program in the amount that is equal to the 
        total amount multiplied by a fraction--
                    ``(A) the numerator of which is the number of 
                facilities in the State that, as of September 29, 1995, 
                were listed on the Comprehensive Environmental 
                Response, Compensation, and Liability Information 
                System (not including facilities that are listed on the 
                National Priorities List); and
                    ``(B) the denominator of which is the total number 
                of such facilities in the United States.''.
    (d) Compliance With Act.--A person that conducts a voluntary 
response action under this section at a facility that is listed or 
proposed for listing on the National Priorities List shall implement 
applicable provisions of this Act or of similar provisions of State law 
in a manner comporting with State policy, so long as the remedial 
action that is selected protects human health and the environment to 
the same extent as would a remedial action selected by the 
Administrator under section 121(a).

SEC. 302. BROWNFIELD CHARACTERIZATION PROGRAM.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended by 
section 301(b), is amended by adding at the end the following:

``SEC. 134. BROWNFIELD CHARACTERIZATION PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Administrative cost.--The term `administrative cost' 
        does not include the cost of--
                    ``(A) investigation and identification of the 
                extent of contamination;
                    ``(B) design and performance of a response action; 
                or
                    ``(C) monitoring of natural resources.
            ``(2) Brownfield facility.--The term `brownfield facility' 
        means--
                    ``(A) a parcel of land that contains an abandoned, 
                idled, or underused commercial or industrial facility, 
                the expansion or redevelopment of which is complicated 
                by the presence or potential presence of a hazardous 
                substance; but
                    ``(B) does not include--
                            ``(i) a facility that is the subject of a 
                        removal or planned removal under title I;
                            ``(ii) a facility that is listed or has 
                        been proposed for listing on the National 
                        Priorities List or that has been delisted under 
                        section 135(d)(5);
                            ``(iii) a facility that is subject to 
                        corrective action under section 3004(u) or 
                        3008(h) of the Solid Waste Disposal Act (42 
                        U.S.C. 6924(u) or 6928(h)) at the time at which 
                        an application for a grant or loan concerning 
                        the facility is submitted under this section;
                            ``(iv) a land disposal unit with respect to 
                        which--
                                    ``(I) a closure notification under 
                                subtitle C of the Solid Waste Disposal 
                                Act (42 U.S.C. 6921 et seq.) has been 
                                submitted; and
                                    ``(II) closure requirements have 
                                been specified in a closure plan or 
                                permit;
                            ``(v) a facility with respect to which an 
                        administrative order on consent or judicial 
                        consent decree requiring cleanup has been 
                        entered into by the United States 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 title XIV of the Public Health 
                        Service Act (commonly known as the `Safe 
                        Drinking Water Act') (42 U.S.C. 300f et seq.);
                            ``(vi) a facility that is owned or operated 
                        by a department, agency, or instrumentality of 
                        the United States; or
                            ``(vii) a portion of a facility, for which 
                        portion, 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 Storage Tank Trust 
                        Fund established under section 9508 of the 
                        Internal Revenue Code of 1986.
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) a general purpose unit of local government;
                    ``(B) a land clearance authority or other quasi-
                governmental entity that operates under the supervision 
                and control of or as an agent of a general purpose unit 
                of local government;
                    ``(C) a regional council or group of general 
                purpose units of local government;
                    ``(D) a redevelopment agency that is chartered or 
                otherwise sanctioned by a State; and
                    ``(E) an Indian tribe.
    ``(b) Brownfield Characterization Program.--
            ``(1) Establishment of program.--The Administrator shall 
        establish a program to provide interest-free loans for the site 
        characterization and assessment of brownfield facilities.
            ``(2) Assistance for site characterization and 
        assessment.--
                    ``(A) In general.--On approval of an application 
                made by an eligible entity, the Administrator may make 
                interest-free loans out of the Fund to the eligible 
                entity to be used for the site characterization and 
                assessment of 1 or more brownfield facilities.
                    ``(B) Appropriate inquiry.--A site characterization 
                and assessment carried out with the use of a loan under 
                subparagraph (A) shall be performed in accordance with 
                section 101(35)(B).
                    ``(C) Repayment.--
                            ``(i) In general.--An eligible entity that 
                        receives a loan under subparagraph (A) shall 
                        agree to repay the full amount of the loan 
                        within 10 years after the date on which the 
                        loan is made.
                            ``(ii) Deposit in fund.--Repayments on a 
                        loan under subparagraph (A) shall be deposited 
                        in the Fund.
            ``(3) Hazardous substance superfund.--Notwithstanding 
        section 111 of this Act or any provision of the Superfund 
        Amendments and Reauthorization Act of 1986 (100 Stat. 1613), 
        there is authorized to be appropriated out of the Fund 
        $15,000,000 for each of the first 5 fiscal years beginning 
        after the date of enactment of this section, to be used for 
        making interest-free loans under paragraph (2).
            ``(4) Maximum loan amount.--A loan under subparagraph (A) 
        shall not exceed, with respect to each brownfield facility 
        covered by the loan, $100,000 for any fiscal year or $200,000 
        in total.
            ``(5) Sunset.--No amount shall be available from the Fund 
        for purposes of this section after the fifth fiscal year after 
        the date of enactment of this section.
            ``(6) Prohibition.--No part of a loan under this section 
        may be used for payment of penalties, fines, or administrative 
        costs.
            ``(7) Audits.--The Inspector General of the Environmental 
        Protection Agency shall audit all loans made under paragraph 
        (2) to ensure that all funds are used for the purposes 
        described in this section and that all loans are repaid in 
        accordance with paragraph (2).
            ``(8) Agreements.--Each loan made under this section shall 
        be subject to an agreement that--
                    ``(A) requires the eligible entity to comply with 
                all applicable State laws (including regulations);
                    ``(B) requires that the eligible entity shall use 
                the loan exclusively for purposes specified in 
                paragraph (2); and
                    ``(C) contains such other terms and conditions as 
                the Administrator determines to be necessary to protect 
                the financial interests of the United States and to 
                carry out the purposes of this section.
            ``(9) Leveraging.--An eligible entity that receives a loan 
        under paragraph (1) may use the loaned funds for part of a 
        project at a brownfield facility for which funding is received 
        from other sources, but the loan funds shall be used only for 
        the purposes described in paragraph (2).
    ``(c) Loan Applications.--
            ``(1) In general.--Any eligible entity may submit an 
        application to the Administrator, through a regional office of 
        the Environmental Protection Agency and in such form as the 
        Administrator may require, for a loan under this section for 1 
        or more brownfield facilities.
            ``(2) Application requirements.--An application for a loan 
        under this section shall include--
                    ``(A) an identification of each brownfield facility 
                for which the loan is sought and a description of the 
                redevelopment plan for the area or areas in which each 
                facility is located, including a description of the 
                nature and extent of any known or suspected 
                environmental contamination within the area;
                    ``(B) an analysis that demonstrates the potential 
                of the grant to stimulate economic development on 
                completion of the planned response action, including a 
projection of the number of jobs expected to be created at the facility 
after remediation and redevelopment and, to the extent feasible, a 
description of the type and skill level of the jobs and a projection of 
the increases in revenues accruing to Federal, State, and local 
governments from the jobs; and
                    ``(C) information relevant to the ranking criteria 
                stated in paragraph (4).
            ``(3) Approval.--
                    ``(A) Initial loans.--On or about March 30 and 
                September 30 of the first fiscal year following the 
                date of enactment of this section, the Administrator 
                shall make loans under this section to eligible 
                entities that submit applications before those dates 
                that the Administrator determines have the highest 
                rankings under ranking criteria established under 
                paragraph (4).
                    ``(B) Subsequent loans.--Beginning with the second 
                fiscal year following the date of enactment of this 
                section, the Administrator shall make an annual 
                evaluation of each application received during the 
                prior fiscal year and make loans under this section to 
                eligible entities that submit applications during the 
                prior year that the Administrator determines have the 
                highest rankings under the ranking criteria established 
                under paragraph (4).
            ``(4) Ranking criteria.--The Administrator shall establish 
        a system for ranking loan applications that includes the 
        following criteria:
                    ``(A) The extent to which a loan will stimulate the 
                availability of other funds for environmental 
                remediation and subsequent redevelopment of the area in 
                which the brownfield facilities are located.
                    ``(B) The potential of the development plan for the 
                area in which the brownfield facilities are located to 
                stimulate economic development of the area on 
                completion of the cleanup, such as the following:
                            ``(i) The relative increase in the 
                        estimated fair market value of the area as a 
                        result of any necessary response action.
                            ``(ii) The potential of a loan to create 
                        new or expand existing business and employment 
                        opportunities (particularly full-time 
                        employment opportunities) on completion of any 
                        necessary response action.
                            ``(iii) The estimated additional tax 
                        revenues expected to be generated by economic 
                        redevelopment in the area in which a brownfield 
                        facility is located.
                            ``(iv) The estimated extent to which a loan 
                        would facilitate the identification of or 
                        facilitate a reduction of health and 
                        environmental risks.
                            ``(v) The financial involvement of the 
                        State and local government in any response 
                        action 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.
                            ``(vi) The extent to which the site 
                        characterization and assessment or response 
                        action and subsequent development of a 
                        brownfield facility involves the active 
                        participation and support of the local 
                        community.
                            ``(vii) Such other factors as the 
                        Administrator considers appropriate to carry 
                        out the purposes of this section.''.

SEC. 303. TREATMENT OF SECURITY INTEREST HOLDERS AND FIDUCIARIES AS 
              OWNERS OR OPERATORS.

    (a) Definition of Owner or Operator.--Section 101 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601), as amended by section 301(a), is amended--
            (1) in paragraph (20)--
                    (A) in subparagraph (A) by striking the second 
                sentence; and
                    (B) by adding at the end the following:
                    ``(E) Security interest holders.--
                            ``(i) In general.--The term `owner or 
                        operator' does not include a person that, 
                        without participating in the management of a 
                        vessel or facility, holds an indicium of 
                        ownership primarily to protect the person's 
                        security interest in a vessel or facility.
                            ``(ii) Participating in management.--A 
                        security interest holder--
                                    ``(I) shall be considered to be 
                                participating in management of a vessel 
                                or facility only if the security 
                                interest holder has undertaken--
                                            ``(aa) responsibility for 
                                        the hazardous substance 
                                        handling or disposal practices 
                                        of the vessel or facility; or
                                            ``(bb) overall management 
                                        of the vessel or facility 
                                        encompassing day-to-day 
                                        decisionmaking over 
                                        environmental compliance or 
                                        over an operational function 
                                        (including functions such as 
                                        those of a plant manager, 
                                        operations manager, chief 
                                        operating officer, or chief 
                                        executive officer), as opposed 
                                        to financial and administrative 
                                        aspects, of a vessel or 
                                        facility; and
                                    ``(II) shall not be considered to 
                                be participating in management solely 
                                on the ground that the security 
                                interest holder--
                                            ``(aa) serves in a capacity 
                                        or has the ability to influence 
                                        or the right to control the 
                                        operation of a vessel or 
                                        facility if that capacity, 
                                        ability, or right is not 
                                        exercised;
                                            ``(bb) acts, or causes or 
                                        requires another person to act, 
                                        to comply with an applicable 
                                        law or to respond lawfully to 
                                        disposal of a hazardous 
                                        substance;
                                            ``(cc) performs an act or 
                                        omits to act in any way with 
                                        respect to a vessel or facility 
                                        prior to the time at which a 
                                        security interest is created in 
                                        a vessel or facility;
                                            ``(dd) holds, abandons, or 
                                        releases a security interest;
                                            ``(ee) includes in the 
                                        terms of an extension of 
                                        credit, or in a contract or 
                                        security agreement relating to 
                                        an extension of credit, a 
                                        covenant, warranty, or other 
                                        term or condition that relates 
                                        to environmental compliance;
                                            ``(ff) monitors or enforces 
                                        a term or condition of an 
                                        extension of credit or a 
                                        security interest;
                                            ``(gg) monitors or 
                                        undertakes 1 or more 
                                        inspections of a vessel or 
                                        facility;
                                            ``(hh) requires or conducts 
                                        a response action or other 
                                        lawful means of addressing a 
                                        release or threatened release 
                                        of a hazardous substance in 
                                        connection with a vessel or 
                                        facility prior to, during, or 
                                        on the expiration of the term 
                                        of an extension of credit;
                                            ``(ii) provides financial 
                                        or other advice or counseling 
                                        in an effort to mitigate, 
                                        prevent, or cure a default or 
                                        diminution in the value of a 
                                        vessel or facility;
                                            ``(jj) exercises 
                                        forbearance by restructuring, 
                                        renegotiating, or otherwise 
                                        agreeing to alter a term or 
                                        condition of an extension of 
                                        credit or a security interest; 
                                        or
                                            ``(kk) exercises any remedy 
                                        that may be available under law 
                                        for the breach of a term or 
                                        condition of an extension of 
                                        credit or a security agreement.
                            ``(iii) Foreclosure.--Legal or equitable 
                        title acquired by a security interest holder 
                        through foreclosure (or the equivalent of 
                        foreclosure) shall be considered to be held 
                        primarily to protect a security interest if the 
                        holder undertakes to sell, re-lease, or 
                        otherwise divest the vessel or facility in a 
                        reasonably expeditious manner on commercially 
                        reasonable terms.
                            ``(iv) Definition of security interest.--In 
                        this subparagraph, the term `security interest' 
                        includes a right under a mortgage, deed of 
                        trust, assignment, judgment lien, pledge, 
                        security agreement, factoring agreement, or 
                        lease, or any other right accruing to a person 
                        to secure the repayment of money, the 
                        performance of a duty, or any other obligation.
                    ``(F) Fiduciaries.--
                            ``(i) In general.--The term `owner or 
                        operator' does not include a fiduciary that 
                        holds legal or equitable title to, is the 
                        mortgagee or secured party with respect to, 
                        controls, or manages, directly or indirectly, a 
                        vessel or facility for the purpose of 
                        administering an estate or trust of which the 
                        vessel or facility is a part.''; and
            (2) by adding at the end the following:
            ``(40) Fiduciary.--The term `fiduciary' means a person that 
        is acting in the capacity of--
                    ``(A) an executor or administrator of an estate, 
                including a voluntary executor or a voluntary 
                administrator;
                    ``(B) a guardian;
                    ``(C) a conservator;
                    ``(D) a trustee under a will or a trust agreement 
                under which the trustee takes legal or equitable title 
                to, or otherwise controls or manages, a vessel or 
                facility for the purpose of protecting or conserving 
                the vessel or facility under the rules applied in State 
                court;
                    ``(E) a court-appointed receiver;
                    ``(F) a trustee appointed in proceedings under 
                title 11, United States Code;
                    ``(G) an assignee or a trustee acting under an 
                assignment made for the benefit of creditors; or
                    ``(H) a trustee, or a successor to a trustee, under 
                an indenture agreement, trust agreement, lease, or 
                similar financing agreement, for debt securities, 
                certificates of interest of participation in debt 
                securities, or other forms of indebtedness as to which 
                the trustee is not, in the capacity of trustee, the 
                lender.''.
    (b) Liability of Fiduciaries and Lenders.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607) is amended by adding at the end the following:
    ``(n) Liability of Fiduciaries.--
            ``(1) In general.--The liability of a fiduciary that is 
        liable under any other provision of this Act for the release or 
        threatened release of a hazardous substance from a vessel or 
        facility held by a fiduciary may not exceed the assets held by 
        the fiduciary that are available to indemnify the fiduciary.
            ``(2) No individual liability.--Subject to the other 
        provisions of this subsection, a fiduciary shall not be liable 
        in an individual capacity under this Act.
            ``(3) Exceptions.--This subsection does not preclude a 
        claim under this Act against--
                    ``(A) the assets of the estate or trust 
                administered by a fiduciary;
                    ``(B) a nonemployee agent or independent contractor 
                retained by a fiduciary; or
                    ``(C) a fiduciary that causes or contributes to a 
                release or threatened release of a hazardous substance.
            ``(4) Safe harbor.--Subject to paragraph (5), a fiduciary 
        shall not be liable in an individual capacity under this Act 
        for--
                    ``(A) undertaking or directing another to undertake 
                a response action under section 107(d)(1) or under the 
                direction of an on-scene coordinator designated by the 
                Administrator or the Coast Guard to coordinate and 
                direct responses under subpart D of the National 
                Contingency Plan or by the lead agency to coordinate 
                and direct removal actions under subpart E of the 
                National Contingency Plan;
                    ``(B) undertaking or directing another to undertake 
                any other lawful means of addressing a hazardous 
                substance in connection with a vessel or facility;
                    ``(C) terminating the fiduciary relationship;
                    ``(D) including, monitoring, or enforcing a 
                covenant, warranty, or other term or condition in the 
                terms of a fiduciary agreement that relates to 
                compliance with environmental laws;
                    ``(E) monitoring or undertaking 1 or more 
                inspections of a vessel or facility;
                    ``(F) providing financial or other advice or 
                counseling to any party to the fiduciary relationship, 
                including the settlor or beneficiary;
                    ``(G) restructuring, renegotiating, or otherwise 
                altering a term or condition of the fiduciary 
                relationship;
                    ``(H) administering a vessel or facility that was 
                contaminated before the period of service of the 
                fiduciary began; or
                    ``(I) declining to take any of the actions 
                described in subparagraphs (B) through (H).
            ``(5) Due care.--This subsection does not limit the 
        liability of a fiduciary if the fiduciary fails to exercise due 
        care and the failure causes or contributes to the release of a 
        hazardous substance.
            ``(6) Rule of construction.--Nothing in this subsection 
        shall be construed to--
                    ``(A) affect the rights or immunities or other 
                defenses that are available under this Act or other 
                applicable law to any person;
                    ``(B) create any liability for any person; or
                    ``(C) create a private right of action against a 
                fiduciary or against a Federal agency that regulates 
                lenders.
    ``(o) Liability of Lenders.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Actual benefit.--The term `actual benefit' 
                means the net gain, if any, realized by a lender due to 
                an action.
                    ``(B) Extension of credit.--The term `extension of 
                credit' includes a lease finance transaction--
                            ``(i) in which the lessor does not 
                        initially select the leased vessel or facility 
                        and does not during the lease term control the 
                        daily operations or maintenance of the vessel 
                        or facility; or
                            ``(ii) that conforms to all regulations 
                        issued by any appropriate Federal banking 
                        agency (as defined in section 3(q) of the 
                        Federal Deposit Insurance Act (12 U.S.C. 
                        1813(q))) and any appropriate State banking 
                        regulatory authority.
                    ``(C) Foreclosure.--The term `foreclosure' means 
                the acquisition of a vessel or facility through--
                            ``(i) purchase at sale under a judgment or 
                        decree, a power of sale, a nonjudicial 
                        foreclosure sale, or from a trustee, deed in 
                        lieu of foreclosure, or similar conveyance, or 
                        through repossession, if the vessel or facility 
                        was security for an extension of credit 
                        previously contracted;
                            ``(ii) conveyance under an extension of 
                        credit previously contracted, including the 
                        termination of a lease agreement; or
                            ``(iii) any other formal or informal manner 
                        by which a person acquires, for subsequent 
                        disposition, possession of collateral in order 
                        to protect the security interest of the person.
                    ``(D) Lender.--The term `lender' means--
                            ``(i) a person that makes a bona fide 
                        extension of credit to, or takes a security 
                        interest from, another party;
                            ``(ii) the Federal National Mortgage 
                        Association, the Federal Home Loan Mortgage 
                        Corporation, the Federal Agricultural Mortgage 
                        Corporation, or any other entity that in a bona 
                        fide manner is engaged in the business of 
                        buying or selling loans or interests in loans;
                            ``(iii) a person engaged in the business of 
                        insuring or guaranteeing against a default in 
                        the repayment of an extension of credit, or 
                        acting as a surety with respect to an extension 
                        of credit, to another party; and
                            ``(iv) a person regularly engaged in the 
                        business of providing title insurance that 
                        acquires a vessel or facility as a result of an 
                        assignment or conveyance in the course of 
                        underwriting a claim or claim settlement.
                    ``(E) Net gain.--The term `net gain' means an 
                amount not in excess of the amount realized by a lender 
                on the sale of a vessel or facility less acquisition, 
                holding, and disposition costs.
                    ``(F) Vessel or facility acquired through 
                foreclosure.--The term `vessel or facility acquired 
                through foreclosure'--
                            ``(i) means a vessel or facility that is 
                        acquired by a lender through foreclosure from a 
                        person that is not affiliated with the lender; 
                        but
                            ``(ii) does not include such a vessel or 
                        facility if the lender does not seek to sell or 
                        otherwise divest the vessel or facility at the 
                        earliest practicable, commercially reasonable 
                        time, on commercially reasonable terms, taking 
                        into account market conditions and legal and 
                        regulatory requirements.
            ``(2) Liability limitation.--
                    ``(A) In general.--The liability of a lender that 
                is liable under any other provision of this Act for the 
                release or threatened release of a hazardous substance 
                at, from, or in connection with a vessel or facility 
                shall be limited to the amount described in 
                subparagraph (E) if the vessel or facility is--
                            ``(i) a vessel or facility acquired through 
                        foreclosure;
                            ``(ii) a vessel or facility subject to a 
                        security interest held by the lender;
                            ``(iii) a vessel or facility held by a 
                        lessor under the terms of an extension of 
                        credit; or
                            ``(iv) a vessel or facility subject to 
                        financial control or financial oversight under 
                        the terms of an extension of credit.
                    ``(B) Amount.--The amount described in this 
                subparagraph is the excess of the fair market value of 
                a vessel or facility on the date on which the liability 
                of a lender is determined over the fair market value of 
                the vessel or facility on the date that is 180 days 
                before the date on which the response action is 
                initiated, not to exceed the amount that the lender 
                realizes on the sale of the vessel or facility after 
                subtracting acquisition, holding, and disposition 
                costs.
            ``(3) Exclusion.--This subsection does not limit the 
        liability of a lender that causes or contributes to the release 
        or threatened release of a hazardous substance.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to--
                    ``(A) affect the rights or immunities or other 
                defenses that are available under this Act or other 
                applicable law to any person;
                    ``(B) create any liability for any person; or
                    ``(C) create a private right of action against a 
                lender or against a Federal agency that regulates 
                lenders.''.

SEC. 304. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.

    The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is 
amended by adding at the end the following:

``SEC. 45. FEDERAL BANKING AND LENDING AGENCY LIABILITY.

    ``(a) Definitions.--In this section:
            ``(1) Federal banking or lending agency.--The term `Federal 
        banking or lending agency'--
                    ``(A) means the Corporation, the Resolution Trust 
                Corporation, the Board of Governors of the Federal 
                Reserve System, the Comptroller of the Currency, the 
                Office of Thrift Supervision, a Federal Reserve Bank, a 
                Federal Home Loan Bank, the Department of Housing and 
                Urban Development, the National Credit Union 
                Administration Board, the Farm Credit Administration, 
                the Farm Credit System Insurance Corporation, the Farm 
                Credit System Assistance Board, the Farmers Home 
                Administration, the Rural Electrification 
                Administration, the Small Business Administration, and 
                any other Federal agency acting in a similar capacity, 
                in any of their capacities, and their agents or 
                appointees; and
                    ``(B) includes a first subsequent purchaser of the 
                vessel or facility from a Federal banking or lending 
                agency, unless the purchaser--
                            ``(i) would otherwise be liable or 
                        potentially liable for all or part of the costs 
                        of the removal, remedial, corrective, or other 
                        response action due to a prior relationship 
                        with the vessel or facility;
                            ``(ii) is or was affiliated with or related 
                        to a party described in clause (i);
                            ``(iii) fails to agree to take reasonable 
                        steps necessary to remedy the release or 
                        threatened release or to protect public health 
                        and safety in a manner consistent with the 
                        purposes of applicable environmental laws; or
                            ``(iv) causes or contributes to any 
                        additional release or threatened release on the 
                        vessel or facility.
            ``(2) Facility.--The term `facility' has the meaning stated 
        in section 101 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
            ``(3) Hazardous substance.--The term `hazardous substance' 
        means a hazardous substance (as defined in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601)).
            ``(4) Release.--The term `release' has the meaning stated 
        in section 101 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
            ``(5) Response action.--The term `response action' has the 
        meaning stated in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            ``(6) Vessel.--The term `vessel' has the meaning stated in 
        section 101 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
    ``(b) Federal Banking and Lending Agencies Not Strictly Liable.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        Federal banking or lending agency shall not be liable under 
        section 106 or 107 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9606, 9607) 
        for the release or threatened release of a hazardous substance 
        at or from a vessel or facility (including a right or interest 
        in a vessel or facility) acquired--
                    ``(A) in connection with the exercise of 
                receivership or conservatorship authority, or the 
                liquidation or winding up of the affairs of an insured 
                depository institution, including a subsidiary of an 
                insured depository institution;
                    ``(B) in connection with the provision of a loan, a 
                discount, an advance, a guarantee, insurance, or other 
                financial assistance; or
                    ``(C) in connection with a vessel or facility 
                received in a civil or criminal proceeding, or 
                administrative enforcement action, whether by 
                settlement or by order.
            ``(2) Active causation.--Subject to section 107(d) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9607(d)), a Federal banking or 
        lending agency that causes or contributes to a release or 
        threatened release of a hazardous substance may be liable for a 
        response action pertaining to the release or threatened 
        release.
            ``(3) Federal or state action.--Notwithstanding subsection 
        (a)(1)(B), if a Federal agency or State environmental agency is 
        required to take a response action because a subsequent 
        purchaser--
                    ``(A) fails to agree to take reasonable steps 
                necessary to remedy a release or threatened release or 
                to protect public health and safety in a manner 
                consistent with the purposes of applicable 
                environmental laws; or
                    ``(B) causes or contributes to any additional 
                release or threatened release on the vessel or 
                facility,
        the subsequent purchaser shall reimburse the Federal agency or 
        State environmental agency for the costs of the response action 
        in an amount not to exceed the increase in the fair market 
        value of the vessel or facility attributable to the response 
        action.
    ``(c) Lien Exemption.--Notwithstanding any other law, a vessel or 
facility held by a subsequent purchaser described in subsection 
(a)(1)(B) or held by a Federal banking or lending agency shall not be 
subject to a lien for costs or damages associated with the release or 
threatened release of a hazardous substance existing at the time of the 
transfer.
    ``(d) Exemption From Covenants To Remediate.--Notwithstanding 
section 120, a Federal banking or lending agency shall be exempt from 
any law requiring the agency to grant a covenant warranting that a 
response action has been, or will in the future be, taken with respect 
to a vessel or facility acquired in a manner described in subsection 
(b)(1).
    ``(e) Rules of Construction.--Nothing in this section shall be 
construed to--
            ``(1) affect the rights or immunities or other defenses 
        that are available to any party under this Act, the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other 
        law;
            ``(2) create any liability for any party;
            ``(3) create a private right of action against an insured 
        depository institution or lender, a Federal banking or lending 
        agency, or any other party, except as provided in subsection 
        (b)(3);
            ``(4) preempt, affect, apply to, or modify a State law or a 
        right, cause of action, or obligation under State law, except 
        that the liability of a Federal banking or lending agency for a 
        response action under a State law shall not exceed the value of 
        the interest of the agency in the asset giving rise to the 
        liability; or
            ``(5) preclude a Federal banking or lending agency from 
        agreeing with a State to transfer a vessel or facility to the 
        State in lieu of any liability that might otherwise be imposed 
        under State law.''.

SEC. 305. CONTIGUOUS PROPERTIES.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)), as amended 
by section 303(b), is amended by adding at the end the following:
    ``(p) Contiguous Properties.--
            ``(1) Not considered to be an owner or operator.--A person 
        that owns or operates real property that is contiguous to or 
        otherwise similarly situated with respect to real property on 
        which there has been a release or threatened release of a 
        hazardous substance and that is or may be contaminated by the 
        release shall not be considered to be an owner or operator of a 
        vessel or facility under subsection (a) (1) or (2) solely by 
        reason of the contamination if--
                    ``(A) the person did not cause, contribute, or 
                consent to the release or threatened release; and
                    ``(B) the person is not liable, and is not 
                affiliated with any other person that is liable, for 
                any response costs at the facility, through any direct 
                or indirect familial relationship, or any contractual, 
                corporate, or financial relationship other than that 
                created by the instruments by which title to the 
                facility is conveyed or financed.
            ``(2) Cooperation, assistance, and access.--Notwithstanding 
        paragraph (1), a person described in paragraph (1) shall 
        provide full cooperation, assistance, and facility access to 
        the persons that are responsible for response actions at the 
        facility, including the cooperation and access necessary for 
        the installation, integrity, operation, and maintenance of any 
        complete or partial response action at the facility.
            ``(3) Assurances.--The Administrator may--
                    ``(A) issue an assurance that no enforcement action 
                under this Act will be initiated against a person 
                described in paragraph (1); and
                    ``(B) grant a person described in paragraph (1) 
                protection against a cost recovery or contribution 
                action under section 113(f).''.

SEC. 306. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.

    (a) Definition.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), as 
amended by section 303(a)(2), is amended by adding at the end the 
following:
            ``(41) Bona fide prospective purchaser.--The term `bona 
        fide prospective purchaser' means a person that acquires 
        ownership of a facility after the date of enactment of this 
        paragraph, or a tenant of such a person, that establishes each 
        of the following by a preponderance of the evidence:
                    ``(A) Disposal prior to acquisition.--All active 
                disposal of hazardous substances at the facility 
                occurred before the person acquired the facility.
                    ``(B) Inquiries.--
                            ``(i) In general.--The person made all 
                        appropriate inquiries into the previous 
                        ownership and uses of the facility and the 
                        facility's real property in accordance with 
                        generally accepted good commercial and 
                        customary standards and practices.
                            ``(ii) Standards and practices.--The 
                        standards and practices referred to in 
                        paragraph (35)(B)(ii) or those issued or 
                        adopted by the Administrator under that 
                        paragraph shall be considered to satisfy the 
                        requirements of this subparagraph.
                            ``(iii) Residential use.--In the case of 
                        property for residential or other similar use 
                        purchased by a nongovernmental or noncommercial 
                        entity, a facility inspection and title search 
                        that reveal no basis for further investigation 
                        shall be considered to satisfy the requirements 
                        of this subparagraph.
                    ``(C) Notices.--The person provided all legally 
                required notices with respect to the discovery or 
                release of any hazardous substances at the facility.
                    ``(D) Care.--The person exercised appropriate care 
                with respect to each hazardous substance found at the 
                facility by taking 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 
                substance.
                    ``(E) Cooperation, assistance, and access.--The 
                person provides full cooperation, assistance, and 
                facility access to the persons that are responsible for 
                response actions at the facility, including the 
                cooperation and access necessary for the installation, 
                integrity, operation, and maintenance of any complete 
                or partial response action at the facility.
                    ``(F) Relationship.--The person is not liable, and 
                is not affiliated with any other person that is liable, 
                for any response costs at the facility, through any 
                direct or indirect familial relationship, or any 
                contractual, corporate, or financial relationship other 
                than that created by the instruments by which title to 
                the facility is conveyed or financed.''.
    (b) Amendment.--Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607), as 
amended by section 305, is amended by adding at the end the following:
    ``(q) Prospective Purchaser and Windfall Lien.--
            ``(1) Limitation on liability.--Notwithstanding subsection 
        (a), a bona fide prospective purchaser whose potential 
        liability for a release or threatened release is based solely 
        on the purchaser's being considered to be an owner or operator 
        of a facility shall not be liable as long as the bona fide 
        prospective purchaser does not impede the performance of a 
        response action or natural resource restoration.
            ``(2) Lien.--If there are unrecovered response costs at a 
        facility for which an owner of the facility is not liable by 
        reason of subsection (n)(1)(C) and each of the conditions 
        described in paragraph (3) is met, the United States shall have 
        a lien on the facility, or may obtain from appropriate 
        responsible party a lien on any other property or other 
        assurances of payment satisfactory to the Administrator, for 
        such unrecovered costs.
            ``(3) Conditions.--The conditions referred to in paragraph 
        (1) are the following:
                    ``(A) Response action.--A response action for which 
                there are unrecovered costs is carried out at the 
                facility.
                    ``(B) Fair market value.--The response action 
                increases the fair market value of the facility above 
                the fair market value of the facility that existed 180 
                days before the response action was initiated.
                    ``(C) Sale.--A sale or other disposition of all or 
                a portion of the facility has occurred.
            ``(4) Amount.--A lien under paragraph (2)--
                    ``(A) shall not exceed the increase in fair market 
                value of the property attributable to the response 
                action at the time of a subsequent sale or other 
                disposition of the property;
                    ``(B) shall arise at the time at which costs are 
                first incurred by the United States with respect to a 
                response action at the facility;
                    ``(C) shall be subject to the requirements of 
                subsection (l)(3); and
                    ``(D) shall continue until the earlier of 
                satisfaction of the lien or recovery of all response 
                costs incurred at the facility.''.

SEC. 307. SAFE HARBOR INNOCENT LANDHOLDERS.

    (a) Amendment.--Section 101(35) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(35)) 
is amended by striking subparagraph (B) and inserting the following:
                    ``(B) Knowledge of inquiry requirement.--
                            ``(i) All appropriate inquiries.--To 
                        establish that the defendant had no reason to 
                        know of the matter described in subparagraph 
                        (A)(i), the defendant must show that, at or 
                        prior to the date on which the defendant 
                        acquired the facility, the defendant undertook 
                        all appropriate inquiries into the previous 
                        ownership and uses of the facility in 
                        accordance with generally accepted good 
                        commercial and customary standards and 
                        practices.
                            ``(ii) Standards and practices.--The 
                        Administrator shall by regulation establish as 
                        standards and practices for the purpose of 
                        clause (i)--
                                    ``(I) the American Society for 
                                Testing and Materials (ASTM) Standard 
                                E1527-94, entitled `Standard Practice 
                                for Environmental Site Assessments: 
                                Phase I Environmental Site Assessment 
                                Process'; or
                                    ``(II) alternative standards and 
                                practices under clause (iii).
                            ``(iii) Alternative standards and 
                        practices.--
                                    ``(I) In general.--The 
                                Administrator may by regulation issue 
                                alternative standards and practices or 
                                designate standards developed by other 
                                organizations than the American Society 
                                for Testing and Materials after 
                                conducting a study of commercial and 
                                industrial practices concerning the 
                                transfer of real property in the United 
                                States.
                                    ``(II) Considerations.--In issuing 
                                or designating alternative standards 
                                and practices under subclause (I), the 
                                Administrator shall consider including 
                                each of the following:
                                            ``(aa) The results of an 
                                        inquiry by an environmental 
                                        professional.
                                            ``(bb) Interviews with past 
                                        and present owners, operators, 
                                        and occupants of the facility 
                                        and the facility's real 
                                        property for the purpose of 
                                        gathering information regarding 
                                        the potential for contamination 
                                        at the facility and the 
                                        facility's real property.
                                            ``(cc) Reviews of 
                                        historical sources, such as 
                                        chain of title documents, 
                                        aerial photographs, building 
                                        department records, and land 
                                        use records to determine 
                                        previous uses and occupancies 
                                        of the real property since the 
                                        property was first developed.
                                            ``(dd) Searches for 
                                        recorded environmental cleanup 
                                        liens, filed under Federal, 
                                        State, or local law, against 
                                        the facility or the facility's 
                                        real property.
                                            ``(ee) Reviews of Federal, 
                                        State, and local government 
                                        records (such as waste disposal 
                                        records), underground storage 
                                        tank records, and hazardous 
                                        waste handling, generation, 
                                        treatment, disposal, and spill 
                                        records, concerning 
                                        contamination at or near the 
                                        facility or the facility's real 
                                        property.
                                            ``(ff) Visual inspections 
                                        of the facility and facility's 
                                        real property and of adjoining 
                                        properties.
                                            ``(gg) Specialized 
                                        knowledge or experience on the 
                                        part of the defendant.
                                            ``(hh) The relationship of 
                                        the purchase price to the value 
                                        of the property if the property 
                                        was uncontaminated.
                                            ``(ii) Commonly known or 
                                        reasonably ascertainable 
                                        information about the property.
                                            ``(jj) The degree of 
                                        obviousness of the presence or 
                                        likely presence of 
                                        contamination at the property, 
                                        and the ability to detect such 
                                        contamination by appropriate 
                                        investigation.
                            ``(iv) Site inspection and title search.--
                        In the case of property for residential use or 
                        other similar use purchased by a 
                        nongovernmental or noncommercial entity, a 
                        facility inspection and title search that 
                        reveal no basis for further investigation shall 
                        be considered to satisfy the requirements of 
                        this subparagraph.''.
    (b) Standards and Practices.--
            (1) Establishment by regulation.--The Administrator of the 
        Environmental Protection Agency shall issue the regulation 
        required by section 101(35)(B)(ii) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 
        1980, as added by subsection (a), not later than 1 year after 
        the date of enactment of this Act.
            (2) Interim standards and practices.--Until the 
        Administrator issues the regulation described in paragraph (1), 
        in making a determination under section 101(35)(B)(i) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980, as added by subsection (a), there shall 
        be taken into account--
                    (A) any specialized knowledge or experience on the 
                part of the defendant;
                    (B) the relationship of the purchase price to the 
                value of the property if the property was 
                uncontaminated;
                    (C) commonly known or reasonably ascertainable 
                information about the property;
                    (D) the degree of obviousness of the presence or 
                likely presence of contamination at the property; and
                    (E) the ability to detect the contamination by 
                appropriate investigation.

                TITLE IV--SELECTION OF REMEDIAL ACTIONS

SEC. 401. DEFINITIONS.

    Section 101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601), as amended by 
section 306(a), is amended by adding at the end the following:
            ``(42) Actual or planned or reasonably anticipated future 
        use of the land and water resources.--The term `actual or 
        planned or reasonably anticipated future use of the land and 
        water resources' means--
                    ``(A) the actual use of the land, surface water, 
                and ground water at a facility on the date of submittal 
                of the proposed remedial action plan; and
                    ``(B)(i) with respect to land--
                            ``(I) the use of land that is authorized by 
                        the zoning or land use decisions formally 
                        adopted, at or prior to the time of the 
                        initiation of the facility evaluation, by the 
                        local land use planning authority for a 
                        facility and the land immediately adjacent to 
                        the facility; and
                            ``(II) any other reasonably anticipated use 
                        that the local land use authority, in 
                        consultation with the community response 
                        organization (if any), determines to have a 
                        substantial probability of occurring based on 
                        recent (as of the time of the determination) 
                        development patterns in the area in which the 
                        facility is located and on population 
                        projections for the area; and
                    ``(ii) with respect to water resources, the future 
                use of the surface water and ground water that is 
                potentially affected by releases from a facility that 
                is reasonably anticipated, by a local government or 
                other governmental unit that regulates surface or 
                ground water use or surface or ground water use 
                planning in the vicinity of the facility, on the 
                earlier of--
                            ``(I) the date of issuance of the first 
                        record of decision; or
                            ``(II) the initiation of the facility 
                        evaluation.
            ``(43) Significant ecosystem.--The term `significant 
        ecosystem', for the purpose of section 121(a)(1)(B), means an 
        ecosystem that exhibits a uniqueness, particular value, or 
        historical presence or that is widely recognized as a 
        significant resource at the national, State or local level.
            ``(44) Valuable ecosystem.--The term `valuable ecosystem' 
        means an ecosystem that is a known source of significant human 
        or ecological benefits for its function.
            ``(45) Sustainable ecosystem.--The term `sustainable 
        ecosystem' means an ecosystem that has redundancy and 
        resiliency sufficient to enable the ecosystem to continue to 
        function and provide benefits within the normal range of its 
        variability notwithstanding exposure to hazardous substances 
        resulting from releases.
            ``(46) Ecological resource.--The term `ecological resource' 
        means land, fish, wildlife, biota, air, surface water, and 
        ground water within an ecosystem.
            ``(47) Significant risk to ecological resources that are 
        necessary to the sustainability of a significant ecosystem or 
        valuable ecosystem.--The term `significant risk to ecological 
        resources that are necessary to the sustainability of a 
        significant ecosystem or valuable ecosystem' means the risk 
        associated with exposures and impacts resulting from the 
        release of hazardous substances which together reduce or 
        eliminate the sustainability (within the meaning of paragraph 
        (45)) of a significant ecosystem or valuable ecosystem.''.

SEC. 402. SELECTION AND IMPLEMENTATION OF REMEDIAL ACTIONS.

    Section 121 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9621) is amended--
            (1) by striking the section heading and subsections (a) and 
        (b) and inserting the following:

``SEC. 121. SELECTION AND IMPLEMENTATION OF REMEDIAL ACTIONS.

    ``(a) General Rules.--
            ``(1) Selection of most cost-effective remedial action that 
        protects human health and the environment.--
                    ``(A) In general.--The Administrator shall select a 
                remedial action that is the most cost-effective means 
                of achieving the goals of protecting human health and 
                the environment as stated in subparagraph (B) using the 
criteria stated in subparagraph (C).
                    ``(B) Goals of protecting human health and the 
                environment.--
                            ``(i) Protection of human health.--A 
                        remedial action shall be considered to protect 
                        human health if, considering the expected 
                        exposures associated with the actual or planned 
                        or reasonably anticipated future use of the 
                        land and water resources, the remedial action 
                        achieves a residual risk--
                                    ``(I) from exposure to carcinogenic 
                                hazardous substances, pollutants, or 
                                contaminants such that cumulative 
                                lifetime additional cancer from 
                                exposure to hazardous substances from 
                                releases at the facility range from 
                                10<SUP>-4 to 10<SUP>-6 for the affected 
                                population; and
                                    ``(II) from exposure to 
                                noncarcinogenic hazardous substances, 
                                pollutants, or contaminants at the 
                                facility that does not pose an 
                                appreciable risk of deleterious 
                                effects.
                            ``(ii) Protection of the environment.--A 
                        remedial action shall be considered to protect 
                        the environment if, based on the actual or 
                        planned or reasonably anticipated future use of 
                        the land and water resources, the remedial 
                        action will protect against significant risks 
                        to ecological resources that are necessary to 
                        the sustainability of a significant ecosystem 
                        or valuable ecosystem and will not interfere 
                        with a sustainable functional ecosystem.
                    ``(C) Compliance with federal and state laws.--
                            ``(i) Substantive requirements.--
                                    ``(I) In general.--Subject to 
                                clause (iii), a remedial action shall--
                                            ``(aa) comply with the 
                                        substantive requirements of all 
                                        promulgated standards, 
                                        requirements, criteria, and 
                                        limitations under each Federal 
                                        law and each State law relating 
                                        to the environment or to the 
                                        siting of facilities (including 
                                        a State law that imposes a more 
                                        stringent standard, 
                                        requirement, criterion, or 
                                        limitation than Federal law) 
                                        that is applicable to the 
                                        conduct or operation of the 
                                        remedial action or to 
                                        determination of the level of 
                                        cleanup for remedial actions; 
                                        and
                                            ``(bb) comply with or 
                                        attain any other promulgated 
                                        standard, requirement, 
                                        criterion, or limitation under 
                                        any State law relating to the 
                                        environment or siting of 
                                        facilities that applies to the 
                                        conduct or operation of 
                                        remedial actions under this 
                                        Act, as determined by the 
                                        State, after the date of 
                                        enactment of the Accelerated 
                                        Cleanup and Environmental 
                                        Restoration Act of 1996, 
                                        through a rulemaking procedure 
                                        that includes public notice, 
                                        comment, and written response 
                                        comment, and opportunity for 
                                        judicial review, but only if 
                                        the State demonstrates that the 
                                        standard, requirement, 
                                        criterion, or limitation is 
consistently applied to remedial actions under State law.
                                    ``(II) Identification of 
                                facilities.--Compliance with a State 
                                standard, requirement, criterion, or 
                                limitation described in subclause (I) 
                                shall be required at a facility if the 
                                standard, requirement, criterion, or 
                                limitation has been identified by the 
                                State to the Administrator in a timely 
                                manner as being applicable to the 
                                facility.
                                    ``(III) Published lists.--Each 
                                State shall publish a comprehensive 
                                list of the standards, requirements, 
                                criteria, and limitations that the 
                                State may apply to remedial actions 
                                under this Act, and shall revise the 
                                list periodically, as requested by the 
                                Administrator.
                                    ``(IV) Contaminated media.--
                                Compliance with this clause shall not 
                                be required with respect to return, 
                                replacement, or disposal of 
                                contaminated media or residuals of 
                                contaminated media into the same media 
                                in or very near then-existing areas of 
                                contamination onsite at a facility.
                            ``(ii) Procedural requirements.--Procedural 
                        requirements of Federal and State standards, 
                        requirements, criteria, and limitations 
                        (including permitting requirements) shall not 
                        apply to response actions conducted onsite at a 
                        facility.
                            ``(iii) Waiver provisions.--
                                    ``(I) Determination by the 
                                president.--The Administrator shall 
                                evaluate and determine if it is not 
                                appropriate for a remedial action to 
                                attain a Federal or State standard, 
                                requirement, criterion, or limitation 
                                as required by clause (i).
                                    ``(II) Selection of remedial action 
                                that does not comply.--The 
                                Administrator may select for a facility 
                                a remedial action that meets the 
                                requirements of subparagraph (B) but 
                                does not comply with or attain a 
                                Federal or State standard, requirement, 
                                criterion, or limitation described in 
                                clause (i) if the Administrator makes 
                                any of the following findings:
                                            ``(aa) Improper 
                                        identification.--The standard, 
                                        requirement, criterion, or 
                                        limitation was improperly 
                                        identified as an applicable 
                                        requirement under clause 
                                        (i)(I)(aa) and fails to comply 
                                        with the rulemaking 
                                        requirements of clause 
                                        (i)(I)(bb).
                                            ``(bb) Part of remedial 
                                        action.--The selected remedial 
                                        action is only part of a total 
                                        remedial action that will 
                                        comply with or attain the 
                                        applicable requirements of 
                                        clause (i) when the total 
                                        remedial action is completed.
                                            ``(cc) Greater risk.--
                                        Compliance with or attainment 
                                        of the standard, requirement, 
                                        criterion, or limitation at the 
                                        facility will result in greater 
                                        risk to human health or the 
                                        environment than alternative 
                                        options.
                                            ``(dd) Technically 
                                        impracticability.--Compliance 
                                        with or attainment of the 
                                        standard, requirement, 
                                        criterion, or limitation is 
                                        technically infeasible from an 
                                        engineering perspective or 
                                        unreasonably costly.
                                            ``(ee) Equivalent to 
                                        standard of performance.--The 
                                        selected remedial action will 
                                        attain a standard of 
                                        performance that is equivalent 
                                        to that required under a 
                                        standard, requirement, 
                                        criterion, or limitation 
                                        described in clause (i) through 
                                        use of another approach.
                                            ``(ff) Inconsistent 
                                        application.--With respect to a 
                                        State standard, requirement, 
                                        criterion, limitation, or 
                                        level, the State has not 
                                        consistently applied (or 
                                        demonstrated the intention to 
                                        apply consistently) the 
                                        standard, requirement, 
                                        criterion, or limitation or 
                                        level in similar 
circumstances to other remedial actions in the State.
                                            ``(gg) Balance.--In the 
                                        case of a remedial action to be 
                                        undertaken solely under section 
                                        104 or 132 using amounts from 
                                        the Fund, a selection of a 
                                        remedial action that complies 
                                        with or attains a standard, 
                                        requirement, criterion, or 
                                        limitation described in clause 
                                        (i) will not provide a balance 
                                        between the need for protection 
                                        of public health and welfare 
                                        and the environment at the 
                                        facility, and the need to make 
                                        amounts from the Fund available 
                                        to respond to other facilities 
                                        that may present a threat to 
                                        public health or welfare or the 
                                        environment, taking into 
                                        consideration the relative 
                                        immediacy of the threats 
                                        presented by the various 
                                        facilities.
                                    ``(III) Publication.--The 
                                Administrator shall publish any 
                                findings made under subclause (II), 
                                including an explanation and 
                                appropriate documentation.
                    ``(D) Remedy selection criteria.--In selecting a 
                remedial action from among alternatives that achieve 
                the goals stated in subparagraph (B), the Administrator 
                shall balance the following factors, ensuring that no 
                single factor predominates over the others:
                            ``(i) The effectiveness of the remedy in 
                        protecting human health and the environment.
                            ``(ii) The reliability of the remedial 
                        action in achieving the protectiveness 
                        standards over the long term.
                            ``(iii) Any short-term risk to the affected 
                        community, those engaged in the remedial action 
                        effort, and to the environment posed by the 
                        implementation of the remedial action.
                            ``(iv) The acceptability of the remedial 
                        action to the affected community.
                            ``(v) The implementability and technical 
                        feasibility of the remedial action from an 
                        engineering perspective.
                            ``(vi) The reasonableness of the cost.
            ``(2) Technical infeasibility and unreasonable cost.--
                    ``(A) Minimization of risk.--If the Administrator, 
                after reviewing the remedy selection criteria stated in 
                paragraph (1)(C), finds that achieving the goals stated 
                in paragraph (1)(B), is technically infeasible from an 
                engineering perspective or unreasonably costly, the 
                Administrator shall evaluate remedial measures that 
                mitigate the risks to human health and the environment 
                and select a technically practicable remedial action 
                that will most closely achieve the goals stated in 
                paragraph (1) through cost-effective means.
                    ``(B) Basis for finding.--A finding of technical 
                impracticability may be made on the basis of a 
                determination, supported by appropriate documentation, 
                that, at the time at which the finding is made--
                            ``(i) there is no known reliable means of 
                        achieving at a reasonable cost the goals stated 
                        in paragraph (1)(B); and
                            ``(ii) it has not been shown that such a 
                        means is likely to be developed within a 
                        reasonable period of time.
            ``(3) Presumptive remedial actions.--A remedial action that 
        implements a presumptive remedial action issued under section 
        128 shall be considered to achieve the goals stated in 
        paragraph (1)(B) and balance adequately the factors stated in 
        paragraph (1)(C).
            ``(4) Ground water.--
                    ``(A) In general.--A remedial action shall protect 
                uncontaminated ground water that is suitable for use as 
                drinking water by humans or livestock in the water's 
                condition at the time of initiation of the facility 
                evaluation.
                    ``(B) Considerations.--A decision under 
                subparagraph (A) regarding remedial action for ground 
                water shall take into consideration--
                            ``(i) the actual or planned or reasonably 
                        anticipated future use of the ground water and 
                        the timing of that use;
                            ``(ii) any attenuation or biodegradation 
                        that would occur if no remedial action were 
                        taken; and
                            ``(iii) the criteria stated in paragraph 
                        (1)(C).
                    ``(C) Official classification.--For the purposes of 
                subparagraph (A), there shall be no presumption that 
                because ground water is suitable for use as drinking 
                water by humans or livestock, such use is the actual or 
                planned or reasonably anticipated future use of the 
                ground water.
                    ``(D) Uncontaminated ground water.--A remedial 
                action for protecting uncontaminated ground water may 
                be based on natural attenuation or biodegradation so 
                long as the remedial action does not interfere with the 
                actual or planned or reasonably anticipated future use 
                of the ground water.
                    ``(E) Contaminated ground water.--A remedial action 
                for contaminated ground water may include point-of-use 
                treatment.
            ``(5) Other considerations applicable to remedial 
        actions.--A remedial action that uses institutional and 
        engineering controls shall be considered to be on an equal 
        basis with all other remedial action alternatives.'';
            (2) by redesignating subsection (c) as subsection (b), and, 
        in the first sentence of that subsection, by striking ``5 
        years'' and inserting ``7 years'';
            (3) by striking subsection (d); and
            (4) by redesignating subsections (e) and (f) as subsections 
        (c) and (d), respectively.

SEC. 403. REMEDY SELECTION METHODOLOGY.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding 
at the end the following:

``SEC. 127. FACILITY-SPECIFIC RISK EVALUATIONS.

    ``(a) Uses.--
            ``(1) In general.--A facility-specific risk evaluation 
        shall be used to--
                    ``(A) identify the significant components of 
                potential risk posed by a facility;
                    ``(B) screen out potential contaminants, areas, or 
                exposure pathways from further study at a facility;
                    ``(C) compare the relative protectiveness of 
                alternative potential remedies proposed for a facility; 
                and
                    ``(D) demonstrate that the remedial action selected 
                for a facility is capable of protecting human health 
                and the environment considering the actual or planned 
                or reasonably anticipated future use of the land and 
                water resources.
            ``(2) Compliance with principles.--A facility-specific risk 
        evaluation shall comply with the principles stated in this 
        section to ensure that--
                    ``(A) actual or planned or reasonably anticipated 
                future use of the land and water resources is given 
                appropriate consideration; and
                    ``(B) all of the components of the evaluation are, 
                to the maximum extent practicable, scientifically 
                objective and inclusive of all relevant data.
    ``(b) Risk Evaluation Principles.--A facility-specific risk 
evaluation shall--
            ``(1) be based on actual or plausible estimates of exposure 
        considering the actual or planned or reasonably anticipated 
        future use of the land and water resources;
            ``(2) be comprised of components each of which is, to the 
        maximum extent practicable, scientifically objective, and 
        inclusive of all relevant data;
            ``(3) use chemical and facility-specific data and analysis 
        (such as toxicity, exposure, and fate and transport 
        evaluations) in preference to default assumptions;
            ``(4) use a range and distribution of realistic and 
        plausible assumptions when chemical and facility-specific data 
        are not available;
            ``(5) use mathematical models that take into account the 
        fate and transport of hazardous substances, pollutants, or 
        contaminants, in the environment instead of relying on default 
        assumptions; and
            ``(6) use credible hazard identification and dose/response 
        assessments.
    ``(c) Risk Communication Principles.--The document reporting the 
results of a facility-specific risk evaluation shall--
            ``(1) contain an explanation that clearly communicates the 
        risks at the facility;
            ``(2) identify and explain all assumptions used in the 
        evaluation, all alternative assumptions, the policy or value 
        judgments used in choosing the assumptions, and whether 
        empirical data conflict with or validate the assumptions;
            ``(3) present--
                    ``(A) a range and distribution of exposure and risk 
                estimates, including, if numerical estimates are 
                provided, central estimates of exposure and risk 
                using--
                            ``(i) the most plausible assumptions or a 
                        weighted combination of multiple assumptions 
                        based on different scenarios; or
                            ``(ii) any other methodology designed to 
                        characterize the most plausible estimate of 
                        risk given the scientific information that is 
                        available at the time of the facility-specific 
                        risk evaluation; and
                    ``(B) a statement of the nature and magnitude of 
                the scientific and other uncertainties associated with 
                those estimates;
            ``(4) state the size of the population potentially at risk 
        from releases from the facility and the likelihood that 
        potential exposures will occur based on the actual or planned 
        or reasonably anticipated future use of the land and water 
        resources; and
            ``(5) compare the risks from the facility to other risks 
        commonly experienced by members of the local community in their 
        daily lives and similar risks regulated by the Federal 
        Government.
    ``(d) Regulations.--Not later than 18 months after the date of 
enactment of this section, the Administrator shall issue a final 
regulation implementing this section that promotes a realistic 
characterization of risk that neither minimizes nor exaggerates the 
risks and potential risks posed by a facility or a proposed remedial 
action.

``SEC. 128. PRESUMPTIVE REMEDIAL ACTIONS.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, the Administrator shall issue a final 
regulation establishing presumptive remedial actions for commonly 
encountered types of facilities with reasonably well understood 
contamination problems and exposure potential.
    ``(b) Practicability and Cost-Effectiveness.--Such presumptive 
remedies must have been demonstrated to be technically practicable and 
cost-effective methods of achieving the goals of protecting human 
health and the environment stated in section 121(a)(1)(B).
    ``(c) Variations.--The Administrator may issue various presumptive 
remedial actions based on various uses of land and water resources, 
various environmental media, and various types of hazardous substances, 
pollutants, or contaminants.
    ``(d) Engineering Controls.--Presumptive remedial actions are not 
limited to treatment remedies, but may be based on, or include, 
institutional and standard engineering controls.''.

SEC. 404. REMEDY SELECTION PROCEDURES.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended by 
section 403, is amended by adding at the end the following:

``SEC. 129. REMEDIAL ACTION PLANNING AND IMPLEMENTATION.

    ``(a) In General.--
            ``(1) Basic rules.--
                    ``(A) Procedures.--A remedial action with respect 
                to a facility that is listed or proposed for listing on 
                the National Priorities List shall be developed and 
                selected in accordance with the procedures set forth in 
                this section.
                    ``(B) No other procedures or requirements.--The 
                procedures stated in this section are in lieu of any 
                procedures or requirements under any other law to 
                conduct remedial investigations, feasibility studies, 
                record of decisions, remedial designs, or remedial 
                actions.
                    ``(C) Limited review.--In a case in which the 
                potentially responsible parties prepare a remedial 
                action plan, only the work plan, facility evaluation, 
                proposed remedial action plan, and final remedial 
                design shall be subject to review, comment, and 
                approval by the Administrator.
                    ``(D) Designation of potentially responsible 
                parties to prepare work plan, facility evaluation, 
                proposed remedial action, and remedial design and to 
                implement the remedial action plan.--In the case of a 
                facility for which the Administrator is not required to 
                prepare a work plan, facility evaluation, proposed 
                remedial action, and remedial design and implement the 
                remedial action plan--
                            ``(i) if a potentially responsible party or 
                        group of potentially responsible parties--
                                    ``(I) expresses an intention to 
                                prepare a work plan, facility 
                                evaluation, proposed remedial action 
                                plan, and remedial design and to 
                                implement the remedial action plan (not 
                                including any such expression of 
                                intention that the Administrator finds 
                                is not made in good faith); and
                                    ``(II) demonstrates that the 
                                potentially responsible party or group 
                                of potentially responsible parties has 
                                the financial resources and the 
                                expertise to perform those functions,
                        the Administrator shall designate the 
                        potentially responsible party or group of 
                        potentially responsible parties to perform 
                        those functions; and
                            ``(ii) if more than 1 potentially 
                        responsible party or group of potentially 
                        responsible parties--
                                    ``(I) expresses an intention to 
                                prepare a work plan, facility 
                                evaluation, proposed remedial action 
                                plan, and remedial design and to 
                                implement the remedial action plan (not 
                                including any such expression of 
                                intention that the Administrator finds 
                                is not made in good faith); and
                                    ``(II) demonstrates that the 
                                potentially responsible parties or 
                                group of potentially responsible 
                                parties has the financial resources and 
                                the expertise to perform those 
                                functions,
                        the Administrator, based on an assessment of 
                        the various parties' comparative financial 
                        resources, technical expertise, and histories 
                        of cooperation with respect to facilities that 
                        are listed on the National Priorities List, 
                        shall designate 1 potentially responsible party 
                        or group of potentially responsible parties to 
                        perform those functions.
                    ``(E) Approval required at each step of 
                procedure.--No action shall be taken with respect to a 
                facility evaluation, proposed remedial action plan, 
                remedial action plan, or remedial design, respectively, 
                until a work plan, facility evaluation, proposed 
                remedial action plan, and remedial action plan, 
                respectively, have been approved by the Administrator.
                    ``(F) National contingency plan.--The Administrator 
                shall conform the National Contingency Plan regulations 
                to reflect the procedures stated in this section.
            ``(2) Use of presumptive remedial actions.--
                    ``(A) Proposal to use.--In a case in which a 
                presumptive remedial action applies, the Administrator 
                (if the Administrator is conducting the remedial 
                action) or the preparer of the remedial action plan 
                may, after conducting a facility evaluation, propose a 
                presumptive remedial action for the facility, if the 
                Administrator or preparer shows with appropriate 
                documentation that the facility fits the generic 
                classification for which a presumptive remedial action 
                has been issued and performs an engineering evaluation 
                to demonstrate that the presumptive remedial action can 
                be applied at the facility.
                    ``(B) Limitation.--The Administrator may not 
                require a potentially responsible party to implement a 
                presumptive remedial action.
    ``(b) Remedial Action Planning Process.--
            ``(1) In general.--The Administrator or a potentially 
        responsible party shall prepare and implement a remedial action 
        plan for a facility.
            ``(2) Contents.--A remedial action plan shall consist of--
                    ``(A) the results of a facility evaluation, 
                including any screening analysis performed at the 
                facility;
                    ``(B) a discussion of the potentially viable 
                remedies that are considered to be reasonable under 
                section 121(a) and how they balance the factors stated 
                in section 121(a)(1)(C);
                    ``(C) a description of the remedial action to be 
                taken;
                    ``(D) a description of the facility-specific risk-
                based evaluation under section 127 and a demonstration 
                that the selected remedial action will satisfy sections 
                121(a) and 128; and
                    ``(E) a realistic schedule for conducting the 
                remedial action, taking into consideration facility-
                specific factors.
            ``(3) Work plan.--
                    ``(A) In general.--Prior to preparation of a 
                remedial action plan, the preparer shall develop a work 
                plan, including a community information and 
                participation plan, which generally describes how the 
                remedial action plan will be developed.
                    ``(B) Submission.--A work plan shall be submitted 
                to the Administrator, the State, the community response 
                organization, the local library, and any other public 
                facility designated by the Administrator.
                    ``(C) Publication.--The Administrator or other 
                person that prepares a work plan shall publish in a 
                newspaper of general circulation in the area where the 
                facility is located, and post in conspicuous places in 
                the local community, a notice announcing that the work 
                plan is available for review at the local library and 
                that comments concerning the work plan can be submitted 
                to the preparer of the work plan, the Administrator, 
                the State, or the local community response 
                organization.
                    ``(D) Forwarding of comments.--If comments are 
                submitted to the Administrator, the State, or the 
                community response organization, the Administrator, 
                State, or community response organization shall forward 
                the comments to the preparer of the work plan.
                    ``(E) Notice of disapproval.--If the Administrator 
                does not approve a work plan, the Administrator shall--
                            ``(i) identify to the preparer of the work 
                        plan, with specificity, any deficiencies in the 
                        submission; and
                            ``(ii) require that the preparer submit a 
                        revised work plan within a reasonable period of 
                        time, which shall not exceed 90 days except in 
                        unusual circumstances, as determined by the 
                        Administrator.
            ``(4) Facility evaluation.--
                    ``(A) In general.--The Administrator (or the 
                preparer of the facility evaluation) shall conduct a 
                facility evaluation at each facility to characterize 
                the risk posed by the facility by gathering enough 
                information necessary to--
                            ``(i) assess potential remedial 
                        alternatives, including ascertaining, to the 
                        degree appropriate, the volume and nature of 
                        the contaminants, their location, potential 
                        exposure pathways and receptors;
                            ``(ii) discern the actual or planned or 
                        reasonably anticipated future use of the land 
                        and water resources; and
                            ``(iii) screen out any uncontaminated 
                        areas, contaminants, and potential pathways 
                        from further consideration.
                    ``(B) Submission.--A draft facility evaluation 
                shall be submitted to the Administrator for approval.
                    ``(C) Publication.--Not later than 30 days after 
                submission, or in a case in which the Administrator is 
                preparing the remedial action plan, after the 
                completion of the draft facility evaluation, the 
                Administrator shall publish in a newspaper of general 
                circulation in the area where the facility is located, 
                and post in conspicuous places in the local community, 
                a notice announcing that the draft facility evaluation 
                is available for review and that comments concerning 
                the evaluation can be submitted to the Administrator, 
                the State, and the community response organization.
                    ``(D) Availability of comments.--If comments are 
                submitted to the Administrator, the State, or the 
                community response organization, the Administrator, 
                State, or community response organization shall make 
                the comments available to the preparer of the facility 
                evaluation.
                    ``(E) Notice of approval.--If the Administrator 
                approves a facility evaluation, the Administrator 
                shall--
                            ``(i) notify the community response 
                        organization; and
                            ``(ii) publish in a newspaper of general 
                        circulation in the area where the facility 
is located, and post in conspicuous places in the local community, a 
notice of approval.
                    ``(F) Notice of disapproval.--If the Administrator 
                does not approve a facility evaluation, the 
                Administrator shall--
                            ``(i) identify to the preparer of the 
                        facility evaluation, with specificity, any 
                        deficiencies in the submission; and
                            ``(ii) require that the preparer submit a 
                        revised facility evaluation within a reasonable 
                        period of time, which shall not exceed 90 days 
                        except in unusual circumstances, as determined 
                        by the Administrator.
            ``(5) Proposed remedial action plan.--
                    ``(A) Submission.--In a case in which a potentially 
                responsible party prepares a remedial action plan, the 
                preparer shall submit the remedial action plan to the 
                Administrator for approval and provide a copy to the 
                local library.
                    ``(B) Publication.--After receipt of the proposed 
                remedial action plan, or in a case in which the 
                Administrator is preparing the remedial action plan, 
                after the completion of the remedial action plan, the 
                Administrator shall cause to be published in a 
                newspaper of general circulation in the area where the 
                facility is located and posted in other conspicuous 
                places in the local community a notice announcing that 
                the proposed remedial action plan is available for 
                review at the local library and that comments 
                concerning the remedial action plan can be submitted to 
                the Administrator, the State, and the community 
                response organization.
                    ``(C) Availability of comments.--If comments are 
                submitted to a State or the community response 
                organization, the State or community response 
                organization shall make the comments available to the 
                preparer of the proposed remedial action plan.
                    ``(D) Hearing.--The Administrator shall hold a 
                public hearing at which the proposed remedial action 
                plan shall be presented and public comment received.
                    ``(E) Approval.--
                            ``(i) In general.--The Administrator shall 
                        approve a proposed remedial action plan if the 
                        plan--
                                    ``(I) contains the information 
                                described in section 127(b); and
                                    ``(II) satisfies section 121(a).
                            ``(ii) Default.--If the Administrator fails 
                        to issue a notice of disapproval of a proposed 
                        remedial action plan in accordance with 
                        subparagraph (G) within 90 days after the 
                        proposed plan is submitted, the plan shall be 
                        considered to be approved and its 
                        implementation fully authorized.
                    ``(F) Notice of approval.--If the Administrator 
                approves a proposed remedial action plan, the 
                Administrator shall--
                            ``(i) notify the community response 
                        organization; and
                            ``(ii) publish in a newspaper of general 
                        circulation in the area where the facility is 
                        located, and post in conspicuous places in the 
                        local community, a notice of approval.
                    ``(G) Notice of disapproval.--If the Administrator 
                does not approve a proposed remedial action plan, the 
                Administrator shall--
                            ``(i) inform the preparer of the proposed 
                        remedial action plan, with specificity, of any 
                        deficiencies in the submission; and
                            ``(ii) request that the preparer submit a 
                        revised proposed remedial action plan within a 
                        reasonable time, which shall not exceed 90 days 
                        except in unusual circumstances, as determined 
                        by the Administrator.
            ``(6) Implementation of remedial action plan.--A remedial 
        action plan that has been approved or is considered to be 
        approved under paragraph (5) shall be implemented in accordance 
        with the schedule set forth in the remedial action plan.
            ``(7) Remedial design.--
                    ``(A) Submission.--A remedial design shall be 
                submitted to the Administrator, or in a case in which 
                the Administrator is preparing the remedial action 
                plan, shall be completed by the Administrator.
                    ``(B) Publication.--After receipt by the 
                Administrator of (or completion by the Administrator 
                of) the remedial design, the Administrator shall--
                            ``(i) notify the community response 
                        organization; and
                            ``(ii) cause a notice of submission or 
                        completion of the remedial design to be 
                        published in a newspaper of general circulation 
                        and posted in conspicuous places in the area 
                        where the facility is located.
                    ``(C) Comment.--The Administrator shall provide an 
                opportunity to the public to submit written comments on 
                the remedial design.
                    ``(D) Approval.--Not later than 90 days after the 
                submission to the Administrator of (or completion by 
                the Administrator of) the remedial design, the 
                Administrator shall approve or disapprove the remedial 
                design.
                    ``(E) Notice of approval.--If the Administrator 
                approves a remedial design, the Administrator shall--
                            ``(i) notify the community response 
                        organization; and
                            ``(ii) publish in a newspaper of general 
                        circulation in the area where the facility is 
                        located, and post in conspicuous places in the 
                        local community, a notice of approval.
                    ``(F) Notice of disapproval.--If the Administrator 
                disapproves the remedial design, the Administrator 
                shall--
                            ``(i) identify with specificity any 
                        deficiencies in the submission; and
                            ``(ii) allow the preparer submitting a 
                        remedial design a reasonable time (which shall 
                        not exceed 90 days except in unusual 
                        circumstances, as determined by the 
                        Administrator) in which to submit a revised 
                        remedial design.
    ``(c) Judicial Review.--
            ``(1) Final action.--Notwithstanding any other provision of 
        this Act or any other law, an approval or disapproval of a 
        remedial action plan described in paragraph (2), shall be final 
        action of the Administrator subject to judicial review in 
        United States district court.
            ``(2) Application and subsection.--A remedial action plan 
        is described in this paragraph if--
                    ``(A) the plan is approved or disapproved after the 
                date of enactment of this section; and
                    ``(B) the capital cost of the remedial action under 
                the plan is projected to cost more than $15,000,000 for 
                any operating unit that is the subject of a separately 
                enforceable remedial action plan or more than 
                $27,000,000 for an entire facility.
    ``(d) Enforcement of Remedial Action Plan.--
            ``(1) Notice of significant deviation.--If the 
        Administrator determines that the implementation of the 
        remedial action plan has deviated significantly from the plan, 
        the Administrator shall provide the implementing party a notice 
        that requires the implementing party, within a reasonable 
        period of time specified by the Administrator, to--
                    ``(A) comply with the terms of the remedial action 
                plan; or
                    ``(B) submit a notice for modifying the plan.
            ``(2) Failure to comply.--
                    ``(A) Class one administrative penalty.--In issuing 
                a notice under paragraph (1), the Administrator may 
                impose a class one administrative penalty consistent 
                with section 109(a).
                    ``(B) Additional enforcement measures.--If the 
                implementing party fails to either comply with the plan 
                or submit a proposed modification, the Administrator 
                may pursue all additional appropriate enforcement 
                measures pursuant to this Act.
    ``(e) Modifications to Remedial Action.--
            ``(1) Definition.--In this subsection, the term `major 
        modification' means a modification that--
                    ``(A) fundamentally alters the interpretation of 
                site conditions at the facility;
                    ``(B) fundamentally alters the interpretation of 
                sources of risk at the facility;
                    ``(C) fundamentally alters the scope of protection 
                to be achieved by the selected remedial action;
                    ``(D) fundamentally alters the performance of the 
                selected remedial action; or
                    ``(E) delays the completion of the remedy by more 
                than 180 days.
            ``(2) Major modifications.--
                    ``(A) In general.--If the Administrator or other 
                implementing party proposes a major modification to the 
                plan, the Administrator or other implementing party 
                shall demonstrate that--
                            ``(i) the major modification constitutes 
                        the most cost-effective remedial alternative 
                        that is technologically feasible and is not 
                        unreasonably costly; and
                            ``(ii) that the revised remedy will 
                        continue to satisfy section 121(a).
                    ``(B) Notice and comment.--The Administrator shall 
                provide the implementing party, the community response 
                organization, and the local community notice of the 
                proposed major modification and at least 30 days' 
                opportunity to comment on any such proposed 
                modification.
                    ``(C) Prompt action.--At the end of the comment 
                period, the Administrator shall promptly approve or 
                disapprove the proposed modification and order 
                implementation of the modification in accordance with 
                any reasonable and relevant requirements that the 
                Administrator may specify.
            ``(3) Minor modifications.--Nothing in this section 
        modifies the discretionary authority of the Administrator to 
        make a minor modification of a record of decision or remedial 
        action plan to conform to the best science and engineering, the 
        requirements of this Act, or changing conditions at a 
        facility.''.

SEC. 405. COMPLETION OF PHYSICAL CONSTRUCTION AND DELISTING.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended by 
section 404, is amended by adding at the end the following:

``SEC. 130. COMPLETION OF PHYSICAL CONSTRUCTION AND DELISTING.

    ``(a) In General.--
            ``(1) Proposed notice of completion and proposed 
        delisting.--Not later than 60 days after the completion by the 
        Administrator of physical construction necessary to implement a 
        response action at a facility, or not later than 60 days after 
        receipt of a notice of such completion from the implementing 
        party, the Administrator shall publish a notice of completion 
        and proposed delisting of the facility from the National 
        Priorities List in the Federal Register and in a newspaper of 
        general circulation in the area where the facility is located.
            ``(2) Physical construction.--For the purposes of paragraph 
        (1), physical construction necessary to implement a response 
        action at a facility shall be considered to be complete when--
                    ``(A) construction of all systems, structures, 
                devices, and other components necessary to implement a 
                response action for the entire facility has been 
                completed in accordance with the remedial design plan; 
                or
                    ``(B) no construction, or no further construction, 
                is expected to be undertaken.
            ``(3) Comments.--The public shall be provided 30 days in 
        which to submit comments on the notice of completion and 
        proposed delisting.
            ``(4) Final notice.--Not later than 60 days after the end 
        of the comment period, the Administrator shall--
                    ``(A) issue a final notice of completion and 
                delisting or a notice of withdrawal of the proposed 
                notice until the implementation of the remedial action 
                is determined to be complete; and
                    ``(B) publish the notice in the Federal Register 
                and in a newspaper of general circulation in the area 
                where the facility is located.
            ``(5) Failure to act.--If the Administrator fails to 
        publish a notice of withdrawal within the 60-day period 
        described in paragraph (4)--
                    ``(A) the remedial action plan shall be deemed to 
                have been completed; and
                    ``(B) the facility shall be delisted by operation 
                of law.
            ``(6) Effect of delisting.--The delisting of a facility 
        shall have no effect on--
                    ``(A) liability allocation requirements or cost-
                recovery provisions otherwise provided in this Act;
                    ``(B) any liability of a potentially responsible 
                party or the obligation of any person to provide 
                continued operation and maintenance;
                    ``(C) the authority of the Administrator to make 
                expenditures from the Fund relating to the facility; or
                    ``(D) the enforceability of any consent order or 
                decree relating to the facility.
            ``(7) Failure to make timely disapproval.--The issuance of 
        a final notice of completion and delisting or of a notice of 
        withdrawal within the time required by subsection (a)(3) 
        constitutes a nondiscretionary duty within the meaning of 
        section 310(a)(2).
    ``(b) Certification.--A final notice of completion and delisting 
shall include a certification by the Administrator that the facility 
has met all of the requirements of the remedial action plan (except 
requirements for continued operation and maintenance).
    ``(c) Future use of a Facility.--
            ``(1) Facility available for unrestricted use.--If, after 
        completion of physical construction, a facility is available 
        for unrestricted use and there is no need for continued 
        operation and maintenance, the potentially responsible parties 
        shall have no further liability under any Federal, State, or 
        local law (including any regulation) for remediation at the 
        facility, unless the Administrator determines, based on new and 
        reliable factual information about the facility, that the 
        facility does not satisfy section 121(a).
            ``(2) Facility not available for any use.--If, after 
        completion of physical construction, a facility is not 
        available for any use or there are continued operation and 
        maintenance requirements that preclude use of the facility, the 
        Administrator shall--
                    ``(A) review the status of the facility every 7 
                years; and
                    ``(B) require additional remedial action at the 
                facility if the Administrator determines, after notice 
                and opportunity for hearing, that the facility does not 
                satisfy section 121(a).
            ``(3) Facilities available for restricted use.--The 
        Administrator may determine that a facility or portion of a 
        facility is available for restricted use while a response 
        action is under way or after physical construction has been 
        completed. The Administrator shall make a determination that 
        uncontaminated portions of the facility are available for 
        unrestricted use when such use would not interfere with ongoing 
        operations and maintenance activities or endanger human health 
        or the environment.
    ``(d) Operation and Maintenance.--The need to perform continued 
operation and maintenance at a facility shall not delay delisting of 
the facility or issuance of the certification if performance of 
operation and maintenance is subject to a legally enforceable 
agreement, order, or decree.
    ``(e) Change of Use of Facility.--
            ``(1) Petition.--Any person may petition the Administrator 
        to change the use of a facility described in subsection (c) (2) 
        or (3) from that which was the basis of the remedial action 
        plan.
            ``(2) Grant.--The Administrator may grant a petition under 
        paragraph (1) if the petitioner agrees to implement any 
        additional remedial actions that the Administrator determines 
        are necessary to continue to satisfy section 121(a), 
        considering the different use of the facility.
            ``(3) Responsibility for risk.--When a petition has been 
        granted under paragraph (2), the person requesting the change 
        in use of the facility shall be responsible for all risk 
associated with altering the facility and all costs of implementing any 
necessary additional remedial actions.''.

SEC. 406. TRANSITION RULES FOR FACILITIES CURRENTLY INVOLVED IN REMEDY 
              SELECTION.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended by 
section 405, is amended by adding at the end the following:

``SEC. 131. TRANSITION RULES FOR FACILITIES INVOLVED IN REMEDY 
              SELECTION ON DATE OF ENACTMENT.

    ``(a) No Record of Decision.--
            ``(1) Option.--In the case of a facility or operable unit 
        that, as of the date of enactment of this section, is the 
        subject of a remedial investigation and feasibility study 
        (whether completed or incomplete), the potentially responsible 
        parties or the Administrator may elect to follow the remedial 
        action plan process stated in section 129 rather than the 
        remedial investigation and feasibility study and record of 
        decision process under regulations in effect on the date of 
        enactment of this section that would otherwise apply if the 
        requesting party notifies the Administrator and other 
        potentially responsible parties of the election not later than 
        90 days after the date of enactment of this section.
            ``(2) Submission of facility evaluation.--In a case in 
        which the potentially responsible parties have or the 
        Administrator has made an election under subsection (a), the 
        potentially responsible parties shall submit the proposed 
        facility evaluation within 180 days after the date on which 
        notice of the election is given.
    ``(b) Remedy Review Boards.--
            ``(1) Establishment.--Not later than 60 days after the date 
        of enactment of this section, the Administrator shall establish 
        1 or more remedy review boards (referred to in this subsection 
        as a `remedy review board'), each consisting of at least 3 
        independent technical experts, to review petitions under 
        paragraphs (3) and (4).
            ``(2) General procedure.--
                    ``(A) Completion of review.--The review of a 
                petition submitted to a remedy review board shall be 
                completed not later than 180 days after the receipt of 
                the petition unless the Administrator, for good cause, 
                grants additional time.
                    ``(B) Costs.--All costs of review by a remedy 
                review board shall be borne by the petitioner.
                    ``(C) Decisions.--At the completion of the 180-day 
                review period, a remedy review board shall issue a 
                written decision including responses to all comments 
                submitted during the review process with regard to a 
                petition.
                    ``(D) Opportunity for comment and meetings.--In 
                reviewing a petition, a remedy review board shall 
                provide an opportunity for all interested parties, 
                including representatives of the State and local 
                community in which the facility is located, to comment 
                on the petition and, if requested, to meet with the 
                remedy review board.
                    ``(E) Review by the administrator.--
                            ``(i) In general.--The Administrator shall 
                        have final review of any decision of a remedy 
                        review board.
                            ``(ii) Standard of review.--In conducting a 
                        review of a decision of a remedy review board, 
                        the Administrator shall accord substantial 
                        weight to the remedy review board's decision.
                            ``(iii) Rejection of decision.--Any 
                        determination to reject a remedy review board's 
                        decision must be approved by the Administrator 
                        or the Assistant Administrator for Solid Waste 
                        and Emergency Response.
                    ``(F) Decision of the board.--A decision of a 
                remedy review board decision under subparagraph (B) and 
                the Administrator's review of a decision under 
                subparagraph (E) shall be subject to judicial review 
                under section 113(h).
            ``(3) Construction not begun.--
                    ``(A) Petition.--In the case of a facility or 
                operable unit with respect to which a record of 
                decision has been signed but construction has not yet 
                begun prior to the date of enactment of this section, 
                the implementor of the record of decision may file a 
                petition with a remedy review board not later than 90 
                days after the date of enactment of this section to 
                determine whether an alternate remedy under section 127 
                should apply to the facility or operable unit.
                    ``(B) Criteria for approval.--Subject to 
                subparagraph (C), a remedy review board shall approve a 
                petition described in subparagraph (A) if--
                            ``(i) the alternative remedial action 
                        proposed in the petition satisfies section 
                        121(a);
                            ``(ii) the alternative remedial action 
                        achieves a cost savings of at least $1,500,000; 
                        or
                            ``(iii) implementation of the alternative 
                        remedial action will not result in a 
                        substantial delay in the implementation of a 
                        remedial action.
                    ``(C) Review of comments.--A remedy review board 
                may reject or modify a petition under subparagraph (A), 
                even though the petition meets the criteria stated in 
                subparagraph (B), based on a review of comments 
                submitted by persons other than the petitioner.
                    ``(D) Contents of petition.--A petition described 
                in subparagraph (A) shall rely on risk assessment data 
                that were available prior to issuance of the record of 
                decision but shall consider the actual or planned or 
                reasonably anticipated future use of the land and water 
                resources.
                    ``(E) Incorrect data.--Notwithstanding subparagraph 
                (B) and (D), a remedy review board may approve a 
                petition if the petitioner demonstrates that technical 
                data generated subsequent to the issuance of the record 
                of decision indicates that the decision was based on 
                faulty or incorrect information.
            ``(4) Additional construction.--
                    ``(A) Petition.--In the case of a facility or 
                operable unit with respect to which a record of 
                decision has been signed and construction has begun 
                prior to the date of enactment of this section, but for 
                which additional construction or long-term operation 
                and maintenance activities are anticipated, the 
                implementor of the record of decision may file a 
                petition with a remedy review board within 90 days 
                after the date of enactment of this section to 
                determine whether an alternative remedial action should 
                apply to the facility or operable unit.
                    ``(B) Criteria for approval.--Subject to 
                subparagraph (C), a remedy review board shall approve a 
                petition described in subparagraph (A) if--
                            ``(i) the alternative remedial action 
                        proposed in the petition is protective of human 
                        health and the environment in accordance with 
                        the standards of section 121, as in effect 
                        prior to the date of enactment of this section;
                            ``(ii) implementation of the alternative 
                        remedial action will not result in a 
                        substantial delay in the implementation of a 
                        remedial action; and
                            ``(iii)(I) the petitioner demonstrates that 
                        the selected remedial action is inconsistent 
                        with the most recent version of any guidance 
                        issued by the Administrator prior to the date 
                        of enactment of this section concerning the 
                        selection or implementation of any remedial 
                        action; or
                            ``(II) the alternative remedial action 
                        employs a phased remedial approach which, if 
                        successful would preclude the need for full 
                        implementation of the selected remedial action.
                    ``(C) Review of comments.--A remedy review board 
                may reject or modify a petition under subparagraph (A), 
                even though the petition meets the criteria stated in 
                subparagraph (B), based on a review of comments 
                submitted by persons other than the petitioner.
                    ``(D) Incorrect data.--Notwithstanding subparagraph 
                (B), a remedy review board may approve a petition if 
                the petitioner demonstrates that technical data 
                generated subsequent to the issuance of the record of 
                decision indicates that the decision was based on 
                faulty or incorrect information.
            ``(5) Delay.--In determining whether an alternative 
        remedial action will substantially delay the implementation of 
        a remedial action of a facility, no consideration shall be 
        given to the time necessary to review a petition under 
        paragraph (3) or (4) by a remedy review board or the 
        Administrator.''.

SEC. 407. JUDICIAL REVIEW.

    (a) Review of Certain Actions.--Section 113(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9613(h)) is amended by adding at the end the following:
            ``(6) An action under section 129(c).''.
    (b) Stay.--Section 113(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9613(b)) 
is amended by adding at the end the following: ``In the case of a 
challenge under section 113(h)(6), the court may stay the 
implementation or initiation of the challenged actions pending judicial 
resolution of the matter.''.

SEC. 408. NATIONAL PRIORITIES LIST.

    (a) Revision of National Contingency Plan.--
            (1) Amendments.--Section 105 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9605) is amended--
                    (A) in subsection (a)(8) by adding at the end the 
                following:
            ``(C) provision that in listing a facility on the National 
        Priorities List, the Administrator shall not include any parcel 
        of real property at which no release has actually occurred, but 
        to which a released hazardous substance, pollutant, or 
        contaminant has migrated in ground water that has moved through 
        subsurface strata from another parcel of real estate at which 
        the release actually occurred, unless--
                    ``(i) the ground water is in use as a public 
                drinking water supply or was in such use at the time of 
                the release; and
                    ``(ii) the owner or operator of the facility is 
                liable, or is affiliated with any other person that is 
liable, for any response costs at the facility, through any direct or 
indirect familial relationship, or any contractual, corporate, or 
financial relationship other than that created by the instruments by 
which title to the facility is conveyed or financed.''; and
                    (B) by adding at the end the following:
    ``(h) Listing of Particular Parcels.--
            ``(1) Definition.--In subsection (a)(8)(C) and paragraph 
        (2) of this subsection, the term `parcel of real property' 
        means a parcel, lot, or tract of land that has a separate legal 
        description from that of any other parcel, lot, or tract of 
        land the legal description and ownership of which has been 
        recorded in accordance with the law of the State in which it is 
        located.
            ``(2) Statutory construction.--Nothing in subsection 
        (a)(8)(C) shall be construed to limit the Administrator's 
        authority under section 104 to obtain access to and undertake 
        response actions at any parcel of real property to which a 
        released hazardous substance, pollutant, or contaminant has 
        migrated in the ground water.''.
            (2) Revision of national priorities list.--The President 
        shall revise the National Priorities List to conform with the 
        amendment made by paragraph (1) not later that 180 days of the 
        date of enactment of this Act.

                           TITLE V--LIABILITY

SEC. 501. LIABILITY EXCEPTIONS AND LIMITATIONS.

    (a) In General.--Section 107 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607), as 
amended by section 306(b), is amended by adding at the end the 
following:
    ``(r) 10-Percent Limitation for Municipal Solid Waste and Sewage 
Sludge.--No person or group of persons (other than the United States or 
a department, agency, or instrumentality of the United States) shall be 
liable for more than 10 percent of total response costs at a facility 
listed on the National Priorities List, in the aggregate, incurred 
after the date of enactment of this subsection if--
            ``(1) the person is liable solely under subparagraph (C) or 
        (D) of subsection (a)(1); and
            ``(2) the arrangement for disposal, treatment, or transport 
        for disposal or treatment, or the acceptance for transport for 
        disposal or treatment, involved only municipal solid waste or 
        sewage sludge.
    ``(s) De Minimis Contributor Exemption.--In the case of a vessel or 
facility that is not owned by the United States and is listed on the 
National Priorities List, no person described in subparagraph (C) or 
(D) of subsection (a)(1) (other than the United States or any 
department, agency, or instrumentality of the United States) shall be 
liable to the United States or to any other person (including liability 
for contribution) under Federal or State law for any costs under this 
section incurred after the date of enactment of this subsection, if no 
activity specifically attributable to the person resulted in--
            ``(1) the disposal or treatment of more than 1 percent of 
        the volume of material containing a hazardous substance at the 
        vessel or facility prior to December 11, 1980; or
            ``(2) the disposal or treatment of not more than 200 pounds 
        or 110 gallons of material containing hazardous substances at 
        the vessel or facility prior to January 1, 1996, or such 
        greater or lesser amount as the Administrator may determine by 
        regulation.
    ``(t) Successor Liability.--The liability of a person that has 
purchased assets from another person that is otherwise liable under 
this section shall be determined in accordance with the law of the 
State in which the vessel or facility is located.''.
    (b) Conforming Amendment.--Section 107(a) is amended by striking 
``of this section'' and inserting ``, the limitation stated in 
subsection (r), and the exemption stated in subsection (s)''.
    (c) Effective Date and Transition Rules.--The amendments made by 
this section--
            (1) shall take effect with respect to an action under 
        section 106, 107, or 113 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9606, 9607, and 9613) that becomes final on or after the date 
        of enactment of this Act; but
            (2) shall not apply to an action brought by any person 
        under section 107 or 113 of that Act (42 U.S.C. 9607 and 9613) 
        for costs or damages incurred by the person before the date of 
        enactment of this Act.

SEC. 502. CONTRIBUTION FROM THE FUND FOR CERTAIN RETROACTIVE LIABILITY.

    Section 112 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9612) is amended by 
adding at the end the following:
    ``(g) Contribution From the Fund for Certain Retroactive 
Liability.--
            ``(1) Completion of obligations.--A person that is subject 
        to an administrative order issued under section 106 or has 
        entered into a settlement decree with the United States or a 
        State as of the date of enactment of this subsection shall 
        complete the person's obligations under the order or settlement 
        decree.
            ``(2) Contribution.--A person described in paragraph (1) 
        shall receive contribution from the Fund for any portion of the 
        costs incurred for the performance of the response action after 
        the date of enactment of this subsection--
                    ``(A) if the person is not liable for such costs by 
                reason of the de minimis contributor exemption under 
                section 107(s); or
                    ``(B) if and to the extent the person's allocated 
                share, as determined under section 503, is funded by 
                the orphan share under section 503(l)(2)(B).
            ``(3) Application for contribution.--
                    ``(A) In general.--Contribution under this section 
                shall be made upon receipt by the Administrator of an 
                application from the person requesting contribution.
                    ``(B) Periodic applications.--Application may be 
                made no more frequently than every 6 months after such 
                payments are made or such costs are incurred, 
                commencing 6 months after the enactment of this 
                subsection.
            ``(4) Regulations.--Contribution shall be made in 
        accordance with such regulations as the Administrator shall 
        issue within 180 days after the date of enactment of this 
        section.
            ``(5) Documentation.--The regulations under paragraph (4) 
        shall, at a minimum, require that an application for 
        contribution contain such documentation of costs and 
        expenditures as the Administrator considers necessary to ensure 
        compliance with this subsection.
            ``(6) Expedition.--The Administrator shall develop and 
        implement such procedures as may be necessary to provide 
        contribution to such persons in an expeditious manner, but in 
        no case shall a contribution be made later than 1 year after 
        submission of an application under this subsection.
            ``(7) Consistency with national contingency plan.--No 
        contribution shall be made under this subsection unless the 
        Administrator determines that such costs are consistent with 
        the National Contingency Plan.''.

SEC. 503. ALLOCATION OF LIABILITY FOR CERTAIN FACILITIES.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended by 
section 406, is amended by adding at the end the following:

``SEC. 132. ALLOCATION OF LIABILITY FOR CERTAIN FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Allocated share.--The term `allocated share' means 
        the percentage of liability assigned to a potentially 
        responsible party by the allocator in an allocation report 
        under section 132(j)(6).
            ``(2) Allocation party.--The term `allocation party' means 
        a party, named on a list of parties that will be subject to the 
        allocation process under this section, issued by an allocator 
        under subsection (g)(3)(A).
            ``(3) Allocator.--The term `allocator' means an allocator 
        retained to conduct an allocation for a facility under 
        subsection (f)(1).
            ``(4) Mandatory allocation facility.--The term `mandatory 
        allocation facility' means--
                    ``(A) a non-federally owned vessel or facility 
                listed on the National Priorities List with respect to 
                which response costs are incurred after the date of 
                enactment of this section, and at which one or more 
                potentially responsible parties are liable or 
                potentially liable for status or conduct after December 
                11, 1980;
                    ``(B) a non-federally owned vessel or facility 
                listed on the National Priorities List with respect to 
                which response costs are incurred after the date of 
                enactment of this section, and with respect to which no 
                person is liable or potentially liable pursuant to 
                section 107(a)(1) (C) or (D) for conduct prior to 
                December 11, 1980;
                    ``(C) a federally owned vessel or facility listed 
                on the National Priorities List with respect to which 
                response costs are incurred after the date of enactment 
                of this section, and with respect to which 1 or more 
                potentially responsible parties (other than a 
                department, agency, or instrumentality of the United 
                States) are liable or potentially liable for status or 
                conduct after December 11, 1980; and
                    ``(D) a federally owned vessel or facility listed 
                on the National Priorities List with respect to which 
                response costs are incurred after the date of enactment 
                of this section, and with respect to which one or more 
                of the potentially responsible parties is not a 
                department, agency, or instrumentality of the United 
                States and with respect to which no person is liable or 
                potentially liable pursuant to section 107(a)(1) (C) or 
                (D) for conduct prior to December 11, 1980.
            ``(5) Orphan share.--The term `orphan share' means the 
        total of the allocated shares determined by the allocator under 
        section 132(l).
    ``(b) Allocations of Liability.--
            ``(1) Mandatory allocations.--For each mandatory allocation 
        facility involving 2 or more potentially responsible parties 
        (including 1 or more potentially responsible parties that are 
        qualified for de minimis contributor exemption under section 
        107(s)), the Administrator shall conduct the allocation process 
        under this section.
            ``(2) Requested allocations.--For a facility (other than a 
        mandatory allocation facility) involving 2 or more potentially 
        responsible parties, the Administrator shall conduct the 
        allocation process under this section if the allocation is 
        requested in writing by a potentially responsible party that 
        has--
                    ``(A) incurred response costs with respect to a 
                response action; or
                    ``(B) resolved any liability to the United States 
                with respect to a response action in order to assist in 
                allocating shares among potentially responsible 
                parties.
            ``(3) Permissive allocations.--For any facility (other than 
        a mandatory allocation facility or a facility with respect to 
        which a request is made under paragraph (2)) involving 2 or 
        more potentially responsible parties, the Administrator may 
        conduct the allocation process under this section if the 
        Administrator considers it to be appropriate to do so.
            ``(4) Orphan share.--An allocation performed at a vessel or 
        facility identified under subsection (b) (2) or (3) shall not 
        require payment of an orphan share under subsection (l) or 
        reimbursement under subsection (t).
            ``(5) Excluded facilities.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for purposes of the allocation 
                process only, this section does not apply to a response 
                action at a mandatory allocation facility for which 
                there was in effect as of the date of enactment of this 
                section, a settlement, decree, or order that determines 
                the liability and allocated shares of all potentially 
                responsible parties with respect to the response 
                action.
                    ``(B) Availability of orphan share.--For any 
                mandatory allocation facility that is otherwise 
                excluded by subparagraph (A) and for which there was 
                not in effect as of the date of enactment of this 
                section a final judicial order that determined the 
                liability of all parties to the action for response 
                costs incurred after the date of enactment of this 
                section, an allocation shall be conducted for the sole 
                purpose of determining the availability of orphan share 
                funding pursuant to subsection (l)(2) for any response 
                costs incurred after the date of enactment of this 
                section.
            ``(6) Scope of allocations.--An allocation under this 
        section shall apply to--
                    ``(A) response costs incurred after the date of 
                enactment of this section, with respect to a mandatory 
                allocation facility described in subsection (a)(3) (A), 
                (B), (C), or (D); and
                    ``(B) response costs incurred at a facility that is 
                the subject of a requested or permissive allocation 
                under subsection (b) (2) or (3).
            ``(7) Orphan share facility.--Any non-federally owned 
        vessel or facility that is listed on the National Priorities 
        List at which at least 1 person is liable or potentially liable 
        under section 107(a)(1) (C) or (D) for conduct prior to 
        December 11, 1980, and at which no person is liable or 
        potentially liable for status or conduct after December 11, 
        1980, shall be considered to be an orphan share facility, and 
        all response costs incurred at the vessel or facility after the 
        date of enactment of this section shall be paid by the orphan 
        share.
            ``(8) Other matters.--This section shall not limit or 
        affect--
                    ``(A) the obligation of the Administrator to 
                conduct the allocation process for a response action at 
                a facility that has been the subject of a partial or 
                expedited settlement with respect to a response action 
                that is not within the scope of the allocation;
                    ``(B) the ability of any person to resolve any 
                liability at a facility to any other person at any time 
                before initiation or completion of the allocation 
                process, subject to subsection (l)(3);
                    ``(C) the validity, enforceability, finality, or 
                merits of any judicial or administrative order, 
                judgment, or decree, issued prior to the date of 
                enactment of this section with respect to liability 
                under this Act; or
                    ``(D) the validity, enforceability, finality, or 
                merits of any preexisting contract or agreement 
                relating to any allocation of responsibility or any 
                indemnity for, or sharing of, any response costs under 
                this Act.
    ``(c) Moratorium on Litigation and Enforcement.--
            ``(1) In general.--No person may assert a claim for 
        recovery of a response cost or contribution toward a response 
        cost (including a claim for insurance proceeds) under this Act 
        or any other Federal or State law in connection with a response 
        action--
                    ``(A) for which an allocation is required to be 
                performed under subsection (b)(1); or
                    ``(B) for which the Administrator has initiated the 
                allocation process under this section,
        until the date that is 120 days after the date of issuance of a 
        report by the allocator under subsection (j)(6) or, if a second 
        or subsequent report is issued under subsection (q), the date 
        of issuance of the second or subsequent report.
            ``(2) Pending actions or claims.--If a claim described in 
        paragraph (1) is pending on the date of enactment of this 
        section or on initiation of an allocation under this section, 
        the portion of the claim pertaining to response costs that are 
        the subject of the allocation shall be stayed until the date 
        that is 120 days after the date of issuance of a report by the 
        allocator under subsection (j)(6) or, if a second or subsequent 
        report is issued under subsection (q), the date of issuance of 
        the second or subsequent report, unless the court determines 
        that a stay would result in manifest injustice.
            ``(3) Tolling of period of limitation.--
                    ``(A) Beginning of tolling.--Any applicable period 
                of limitation with respect to a claim subject to 
                paragraph (1) shall be tolled beginning on the earlier 
                of--
                            ``(i) the date of listing of the facility 
                        on the National Priorities List if the listing 
                        occurs after the date of enactment of this 
                        section; or
                            ``(ii) the date of initiation of the 
                        allocation process under this section.
                    ``(B) End of tolling.--A period of limitation shall 
                be tolled under subparagraph (A) until the date that is 
                180 days after the date of issuance of a report by the 
                allocator under subsection (j)(6), or of a second or 
                subsequent report under subsection (q).
            ``(4) Later actions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), until the date that is 180 days after 
                the date of issuance of a report by the allocator under 
                subsection (j)(6) or of a second or subsequent report 
                under subsection (q), the Administrator shall not issue 
                an order under section 106 after the date of enactment 
                of this section in connection with a response action 
                for which an allocation is required to be performed 
                under subsection (b)(1) to any party that, based on the 
                initial list of parties compiled pursuant to subsection 
                (d)(5) appears to be entitled to full orphan share 
                funding under section (l)(2)(B).
                    ``(B) Emergencies.--Subparagraph (A) does not 
                preclude an order requiring the performance of a 
                removal action that is necessary to address an 
                emergency at a facility.
                    ``(C) Subsequent allocation report.--If, after the 
                date of enactment of this section, the Administrator 
                issues an order under section 106 to a party that the 
                allocator subsequently determines is entitled to full 
                funding for the party's allocated share pursuant to 
                section (l)(2)(B)--
                            ``(i) all response costs incurred by the 
                        party after the date of enactment of this 
                        section shall be reimbursed; and
                            ``(ii) the party's obligations under the 
                        order shall cease 90 days after the issuance of 
                        the allocator's report under subsection (j)(6) 
                        or a second report under subsection (q).
            ``(5) Retained authority.--Except as specifically provided 
        in this section, this section does not affect the authority of 
        the Administrator to--
                    ``(A) exercise the powers conferred by section 103, 
                104, 105, 106, or 122;
                    ``(B) commence an action against a party if there 
                is a contemporaneous filing of a judicial consent 
                decree resolving the liability of the party;
                    ``(C) file a proof of claim or take other action in 
                a proceeding under title 11, United States Code; or
                    ``(D) require implementation of a response action 
                at an allocation facility during the conduct of the 
                allocation process.
    ``(d) Initiation of Allocation Process.--
            ``(1) Responsible party search.--For each facility 
        described in paragraph (2), the Administrator shall initiate 
        the allocation process as soon as practicable by commencing a 
        comprehensive search for all potentially responsible parties 
        with respect to the facility under authority of section 104.
            ``(2) Facilities.--The Administrator shall initiate the 
        allocation process for each--
                    ``(A) mandatory allocation facility;
                    ``(B) facility for which a request for allocation 
                is made under subsection (b)(2); and
                    ``(C) facility that the Administrator considers to 
                be appropriate for allocation under subsection (b)(3).
            ``(3) Time limit.--The Administrator shall initiate the 
        allocation process for a facility not later than the earlier 
        of--
                    ``(A) the date of completion of the facility 
                evaluation or remedial investigation for the facility; 
                or
                    ``(B) the date that is 60 days after the date of 
                selection of a removal action.
            ``(4) Submission of information at allocation facilities.--
        Any person may submit information to the Administrator 
        concerning a potentially responsible party for a facility that 
        is subject to a search, and the Administrator shall consider 
        the information in carrying out the search.
            ``(5) Initial list of parties.--
                    ``(A) In general.--As soon as practicable after 
                initiation of an allocation process for a facility, the 
                Administrator shall publish, in accordance with section 
                117(d), a list of all potentially responsible parties 
                identified for a facility.
                    ``(B) Time limit.--The Administrator shall publish 
                a list under paragraph (1) not later than 120 days 
                after the commencement of a comprehensive search.
                    ``(C) Copy of list.--The Administrator shall 
                provide each person named on a list of potentially 
                responsible parties with--
                            ``(i) a copy of the list; and
                            ``(ii) the names of not less than 25 
                        neutral parties--
                                    ``(I) who are not employees of the 
                                United States;
                                    ``(II) who are qualified to perform 
                                an allocation at the facility, as 
                                determined by the Administrator; and
                                    ``(III) at least some of whom 
                                maintain an office in the vicinity of 
                                the facility.
                    ``(D) Proposed allocator.--A person identified by 
                the Administrator as a potentially responsible party 
                may propose an allocator not on the list of neutral 
                parties.
    ``(e) Selection of Allocator.--
            ``(1) In general.--As soon as practicable after the receipt 
        of a list under subsection (d)(5)(C), the potentially 
        responsible parties named on the list shall--
                    ``(A) select an individual to serve as allocator by 
                plurality vote on a per capita basis; and
                    ``(B) promptly notify the Administrator of the 
                selection.
            ``(2) Vote by representative.--The representative of the 
        Fund shall be entitled to cast 1 vote in an election under 
        paragraph (1).
            ``(3) Eligible allocators.--The potentially responsible 
        parties shall select an allocator under paragraph (1) from 
        among individuals--
                    ``(A) named on the list of neutral parties provided 
                by the Administrator;
                    ``(B) named on a list that is current on the date 
                of selection of neutrals maintained by the American 
                Arbitration Association, the Center for Public 
                Resources, or another nonprofit or governmental 
                organization of comparable standing; or
                    ``(C) proposed by a party under subsection 
                (d)(5)(D).
            ``(4) Unqualified allocator.--
                    ``(A) In general.--If the Administrator determines 
                that a person selected under paragraph (1) is 
                unqualified to serve, the Administrator shall promptly 
                notify all potentially responsible parties for the 
                facility, and the potentially responsible parties shall 
                make an alternative selection under paragraph (1).
                    ``(B) Limit on determinations.--The Administrator 
                may not make more than 2 determinations that an 
                allocator is unqualified under this paragraph with 
                respect to any facility.
            ``(5) Determination by administrator.--If the Administrator 
        does not receive notice of selection of an allocator within 60 
        days after a copy of a list is provided under subsection 
        (d)(5)(C), or if the Administrator, having given a notification 
        under paragraph (4), does not receive notice of an alternative 
        selection of an allocator under that paragraph within 60 days 
        after the date of the notification, the Administrator shall 
        promptly select and designate a person to serve as allocator.
            ``(6) Judicial review.--No action under this subsection 
        shall be subject to judicial review.
    ``(f) Retention of Allocator.--
            ``(1) In general.--On selection of an allocator, the 
        Administrator shall promptly--
                    ``(A) using the procurement procedures authorized 
                by section 109(e), contract with the allocator for the 
                provision of allocation services in accordance with 
                this section; and
                    ``(B) notify each person named as a potentially 
                responsible party at the facility that the allocator 
                has been retained.
            ``(2) Discretion of allocator.--A contract with an 
        allocator under paragraph (1) shall give the allocator broad 
        discretion to conduct the allocation process in a fair, 
        efficient, and impartial manner.
            ``(3) Provision of information.--
                    ``(A) In general.--Not later than 30 days after the 
                selection of an allocator, the Administrator shall make 
                available to the allocator and to each person named as 
                a potentially responsible party for the facility--
                            ``(i) any information or documents 
                        furnished under section 104(e)(2); and
                            ``(ii) any other potentially relevant 
                        information concerning the facility and the 
                        potentially responsible parties at the 
                        facility.
                    ``(B) Privileged information.--The Administrator 
                shall not make available any privileged information, 
                except as otherwise authorized by law.
            ``(4) Recovery of contract costs.--The costs of the 
        Administrator in retaining an allocator under paragraph (1) 
        shall be considered to be a response cost for all purposes of 
        this Act.
    ``(g) Additional Parties.--
            ``(1) In general.--Any person may propose to the allocator 
        the name of an additional potentially responsible party at a 
        facility, or otherwise provide the allocator with information 
        pertaining to a facility or to an allocation, until the date 
        that is 60 days after the later of--
                    ``(A) the date of issuance of the initial list 
                described in subsection (d)(5)(A); or
                    ``(B) the date of retention of the allocator under 
                subsection (f)(1)(A).
            ``(2) Nexus.--Any proposal under paragraph (1) to add a 
        potentially responsible party shall include all information 
        reasonably available to the person making the proposal 
        regarding the nexus between the additional potentially 
        responsible party and the facility.
            ``(3) Final list.--
                    ``(A) In general.--The allocator shall issue a 
                final list of all parties that will be subject to the 
                allocation process (referred to in this section as the 
                `allocation parties') not later than 120 days after 
                publication of the initial list under subsection 
                (d)(5)(A).
                    ``(B) Standard.--The allocator shall include each 
                party proposed under paragraph (1) in the final list of 
                allocation parties unless the allocator determines that 
                the party is not liable under section 107.
                    ``(C) Identification of de minimis contributors.--
                            ``(i) In general.--In compiling the final 
                        list of allocation parties, the allocator shall 
                        identify, to the extent possible, all parties 
                        entitled to the de minimis contributor 
                        exemption under section 107(s) and provide a 
                        list of the parties identified to the 
                        Administrator.
                            ``(ii) Notification of exemption.--Not 
                        later than 60 days after receipt of the list, 
                        the Administrator shall provide to each party 
                        identified on the list a written notification 
                        of the party's entitlement to the de minimis 
                        contributor exemption unless the Administrator 
                        publishes a written determination that--
                                    ``(I) no rational interpretation of 
                                the facts before the allocator supports 
                                the allocator's decision; or
                                    ``(II) the allocator's decision was 
                                directly and substantially affected by 
                                bias, procedural error, fraud, or 
                                unlawful conduct.
                            ``(iii) No judicial review.--Any 
                        determination by the Administrator under this 
                        subparagraph shall not be subject to judicial 
                        review.
                    ``(D) Effect.--If the allocator determines that 
                there is an inadequate basis in law or fact to conclude 
                that a party is liable based on the information 
                presented by the nominating party or otherwise 
                available to the allocator, the nominated party's costs 
                (including reasonable attorney's fees) shall be borne 
                by the party that proposed the addition of the party to 
                the allocation.
    ``(h) Federal, State, and Local Agencies.--
            ``(1) In general.--Other than as set forth in this Act, any 
        Federal, State, or local governmental department, agency, or 
        instrumentality that is named as a potentially responsible 
        party or an allocation party shall be subject to, and be 
        entitled to the benefits of, the allocation process and 
        allocation determination under this section to the same extent 
        as any other party.
            ``(2) Orphan share.--The Administrator or the Attorney 
        General shall participate in the allocation proceeding as the 
        representative of the Fund from which any orphan share shall be 
        paid.
    ``(i) Potentially Responsible Party Settlement.--
            ``(1) Submission.--At any time prior to the date of 
        issuance of an allocation report under subsection (j)(6) or of 
        a second or subsequent report under subsection (q), any group 
        of potentially responsible parties for a facility may submit to 
        the allocator a private allocation for any response action that 
        is within the scope of the allocation under subsection (b)(6).
            ``(2) Adoption.--The allocator shall promptly adopt a 
        private allocation under paragraph (1) as the allocation report 
        if the private allocation--
                    ``(A) is a binding allocation of 100 percent of the 
                recoverable costs of the response action that is the 
                subject of the allocation; and
                    ``(B) does not allocate a share to--
                            ``(i) any person who is not a signatory to 
                        the private allocation; or
                            ``(ii) any person whose share would be part 
                        of the orphan share under subsection (l), 
                        unless the representative of the Fund is a 
                        signatory to the private allocation.
            ``(3) Waiver of rights.--Any signatory to a private 
        allocation waives the right to seek from any other party for a 
        facility--
                    ``(A) recovery of any response cost that is the 
                subject of the allocation; and
                    ``(B) contribution under this Act with respect to 
                any response action that is within the scope of the 
                allocation.
    ``(j) Allocation Determination.--
            ``(1) Allocation process.--An allocator retained under 
        subsection (f)(1) shall conduct an allocation process 
        culminating in the issuance of a written report with a 
        nonbinding equitable allocation of percentage shares of 
        responsibility for any response action that is within the scope 
        of the allocation under subsection (b)(6).
            ``(2) Identification of de minimis contributors.--
                    ``(A) In general.--If all parties entitled to the 
                de minimis contributor exemption were not previously 
                identified under subsection (g)(3)(C), the allocator's 
                report under paragraph (1) shall identify all parties 
                entitled to the de minimis contributor exemption under 
                section 107(s).
                    ``(B) Procedure.--If a party is identified under 
                subparagraph (A), the Administrator shall follow the 
                procedural requirements of subsection (g)(3)(C)(ii).
            ``(2) Copies of report.--An allocator shall provide the 
        report issued under paragraph (1) to the Administrator and to 
        the allocation parties.
            ``(3) Information-gathering authorities.--
                    ``(A) In general.--An allocator may request 
                information from any person in order to assist in the 
                efficient completion of the allocation process.
                    ``(B) Requests.--Any person may request that an 
                allocator request information under this paragraph.
                    ``(C) Authority.--An allocator may exercise the 
                information-gathering authority of the Administrator 
                under section 104(e), including issuing an 
                administrative subpoena to compel the production of a 
                document or the appearance of a witness.
                    ``(D) Disclosure.--Notwithstanding any other law, 
                any information submitted to the allocator in response 
                to a subpoena issued under paragraph (4) shall be 
                exempt from disclosure to any person under section 552 
                of title 5, United States Code.
                    ``(E) Orders.--In the event of contumacy or a 
                failure of a person to obey a subpoena issued under 
                paragraph (4), an allocator may request the Attorney 
                General to--
                            ``(i) bring a civil action to enforce the 
                        subpoena; or
                            ``(ii) if the person moves to quash the 
                        subpoena, to defend the motion.
                    ``(F) Failure of attorney general to respond.--If 
                the Attorney General fails to provide any response to 
                the allocator within 30 days of a request for 
                enforcement of a subpoena or information request, the 
                allocator may retain counsel to commence a civil action 
                to enforce the subpoena or information request.
            ``(4) Additional authority.--An allocator may--
                    ``(A) schedule a meeting or hearing and require the 
                attendance of allocation parties at the meeting or 
                hearing;
                    ``(B) sanction an allocation party for failing to 
                cooperate with the orderly conduct of the allocation 
                process;
                    ``(C) require that allocation parties wishing to 
                present similar legal or factual positions consolidate 
                the presentation of the positions;
                    ``(D) obtain or employ support services, including 
                secretarial, clerical, computer support, legal, and 
                investigative services; and
                    ``(E) take any other action necessary to conduct a 
                fair, efficient, and impartial allocation process.
            ``(5) Conduct of allocation process.--
                    ``(A) In general.--The allocator shall conduct the 
                allocation process and render a decision based solely 
                on the provisions of this section, including the 
                allocation factors described in subsection (k).
                    ``(B) Opportunity to be heard.--Each allocation 
                party shall be afforded an opportunity to be heard 
                (orally or in writing, at the option of an allocation 
                party) and an opportunity to comment on a draft 
                allocation report.
                    ``(C) Responses.--The allocator shall not be 
                required to respond to comments.
                    ``(D) Streamlining.--The allocator shall make every 
                effort to streamline the allocation process and 
                minimize the cost of conducting the allocation.
            ``(6) Allocation report.--
                    ``(A) Deadline.--
                            ``(i) In general.--The allocator shall 
                        provide a written allocation report to the 
                        Administrator and the allocation parties not 
                        later than 180 days after the date of issuance 
                        of the final list of allocation parties under 
                        subsection (g)(3)(A) that specifies the 
                        allocation share of each potentially 
                        responsible party and any orphan shares, as 
                        determined by the allocator.
                            ``(ii) Extension.--On request by the 
                        allocator and for good cause shown, the 
                        Administrator may extend the time to complete 
                        the report by not more than 90 days.
                    ``(B) Breakdown of allocation shares into time 
                periods.--The allocation share for each potentially 
                responsible party with respect to a mandatory 
                allocation facility at which 1 or more persons are 
                liable or potentially liable pursuant to section 
                107(a)(1) (C) or (D) for conduct prior to December 11, 
                1980, shall be comprised of percentage shares of 
                responsibility stated separately for status or conduct 
                prior to December 11, 1980, and status or conduct on or 
                after December 11, 1980.
    ``(k) Equitable Factors for Allocation.--The allocator shall 
prepare a nonbinding allocation of percentage shares of responsibility 
to each allocation party and to the orphan share, in accordance with 
this section and without regard to any theory of joint and several 
liability, based on--
            ``(1) the amount of hazardous substances contributed by 
        each allocation party;
            ``(2) the degree of toxicity of hazardous substances 
        contributed by each allocation party;
            ``(3) the mobility of hazardous substances contributed by 
        each allocation party;
            ``(4) the degree of involvement of each allocation party in 
        the generation, transportation, treatment, storage, or disposal 
        of hazardous substances;
            ``(5) the degree of care exercised by each allocation party 
        with respect to hazardous substances, taking into account the 
        characteristics of the hazardous substances;
            ``(6) the cooperation of each allocation party in 
        contributing to any response action and in providing complete 
        and timely information to the allocator; and
            ``(7) such other equitable factors as the allocator 
        determines are appropriate.
    ``(l) Orphan Shares.--
            ``(1) In general.--The allocator shall determine whether 
        any percentage of responsibility for the response action shall 
        be allocable to the orphan share.
            ``(2) Makeup of orphan share.--The orphan share shall 
        consist of--
                    ``(A) any share that the allocator determines is 
                attributable to an allocation party that is insolvent 
                or defunct and that is not affiliated with any 
                financially viable allocation party;
                    ``(B) any share that the allocator determines is 
                attributable to an allocation party (other than a 
                department, agency, or instrumentality of the United 
                States) at a vessel or facility at which one or more 
                persons is liable or potentially liable pursuant to 
                section 107(a)(1) (C) or (D) for status or conduct 
                prior to December 11, 1980, to the extent such 
                allocation party's share is based on status or conduct 
                prior to December 11, 1980; and
                    ``(C) the difference between the aggregate share 
                that the allocator determines is attributable to a 
                person and the aggregate share actually assumed by the 
                person in a settlement with the United States if--
                            ``(i) the person is eligible for an 
                        expedited settlement with the United States 
                        under section 122 based on limited ability to 
                        pay response costs;
                            ``(ii) the liability of the person is 
                        eliminated, limited, or reduced by any 
                        provision of this Act; or
                            ``(iii) the person settled with the United 
                        States before the completion of the allocation.
            ``(3) Unattributable shares.--A share attributable to a 
        hazardous substance that the allocator specifically determines 
        was disposed at the site prior to December 11, 1980, but which 
        cannot be attributed to any identified and viable party shall 
        be considered an orphan share. All other unattributable shares 
        shall be distributed among the allocation parties and the 
        orphan share in accordance with the allocated share assigned to 
        each.
    ``(m) Information Requests.--
            ``(1) Duty to answer.--Each person that receives an 
        information request or subpoena from the allocator shall 
        provide a full and timely response to the request.
            ``(2) Certification.--An answer to an information request 
        by an allocator shall include a certification by a 
        representative that meets the criteria established in section 
        270.11(a) of title 40, Code of Federal Regulations (or any 
        successor regulation), that--
                    ``(A) the answer is correct to the best of the 
                representative's knowledge;
                    ``(B) the answer is based on a diligent good faith 
                search of records in the possession or control of the 
                person to whom the request was directed;
                    ``(C) the answer is based on a reasonable inquiry 
                of the current (as of the date of the answer) officers, 
                directors, employees, and agents of the person to whom 
                the request was directed;
                    ``(D) the answer accurately reflects information 
                obtained in the course of conducting the search and the 
                inquiry;
                    ``(E) the person executing the certification 
                understands that there is a duty to supplement any 
                answer if, during the allocation process, any 
                significant additional, new, or different information 
                becomes known or available to the person; and
                    ``(F) the person executing the certification 
                understands that there are significant penalties for 
                submitting false information, including the possibility 
                of a fine or imprisonment for a knowing violation.
    ``(n) Penalties.--
            ``(1) Civil.--
                    ``(A) In general.--A person that fails to submit a 
                complete and timely answer to an information request, a 
                request for the production of a document, or a summons 
                from an allocator, submits a response that lacks the 
                certification required under subsection (m)(2), or 
                knowingly makes a false or misleading material 
                statement or representation in any statement, 
                submission, or testimony during the allocation process 
                (including a statement or representation in connection 
                with the nomination of another potentially responsible 
                party) shall be subject to a civil penalty of not more 
                than $10,000 per day of violation.
                    ``(B) Assessment of penalty.--A penalty may be 
                assessed by the Administrator in accordance with 
                section 109 or by any allocation party in a citizen 
                suit brought under section 310.
            ``(2) Criminal.--A person that knowingly and willfully 
        makes a false material statement or representation in the 
        response to an information request or subpoena issued by the 
        allocator under subsection (m) shall be considered to have made 
        a false statement on a matter within the jurisdiction of the 
        United States within the meaning of section 1001 of title 18, 
        United States Code.
    ``(o) Document Repository; Confidentiality.--
            ``(1) Document repository.--
                    ``(A) In general.--The allocator shall establish 
                and maintain a document repository containing copies of 
                all documents and information provided by the 
                Administrator or any allocation party under this 
                section or generated by the allocator during the 
                allocation process.
                    ``(B) Availability.--Subject to paragraph (2), the 
                documents and information in the document repository 
                shall be available only to an allocation party for 
                review and copying at the expense of the allocation 
                party.
            ``(2) Confidentiality.--
                    ``(A) In general.--Each document or material 
                submitted to the allocator or placed in the document 
                repository and the record of any information generated 
                or obtained during the allocation process shall be 
                confidential.
                    ``(B) Maintenance.--The allocator, each allocation 
                party, the Administrator, and the Attorney General--
                            ``(i) shall maintain the documents, 
                        materials, and records of any depositions or 
                        testimony adduced during the allocation as 
                        confidential; and
                            ``(ii) shall not use any such document or 
                        material or the record in any other matter or 
                        proceeding or for any purpose other than the 
                        allocation process.
                    ``(C) Disclosure.--Notwithstanding any other law, 
                the documents and materials and the record shall not be 
                subject to disclosure to any person under section 552 
                of title 5, United States Code.
                    ``(D) Discovery and admissibility.--
                            ``(i) In general.--Subject to clause (ii), 
                        the documents and materials and the record 
                        shall not be subject to discovery or admissible 
                        in any other Federal, State, or local judicial 
                        or administrative proceeding, except--
                                    ``(I) a new allocation under 
                                subsection (q) or (v) for the same 
                                response action; or
                                    ``(II) an initial allocation under 
                                this section for a different response 
                                action at the same facility.
                            ``(ii) Otherwise discoverable or 
                        admissible.--
                                    ``(I) Document or material.--If the 
                                original of any document or material 
                                submitted to the allocator or placed in 
                                the document repository was otherwise 
                                discoverable or admissible from a 
                                party, the original document, if 
                                subsequently sought from the party, 
                                shall remain discoverable or 
                                admissible.
                                    ``(II) Facts.--If a fact generated 
                                or obtained during the allocation was 
                                otherwise discoverable or admissible 
                                from a witness, testimony concerning 
                                the fact, if subsequently sought from 
                                the witness, shall remain discoverable 
                                or admissible.
            ``(3) No waiver of privilege.--The submission of testimony, 
        a document, or information under the allocation process shall 
        not constitute a waiver of any privilege applicable to the 
        testimony, document, or information under any Federal or State 
        law or rule of discovery or evidence.
            ``(4) Procedure if disclosure sought.--
                    ``(A) Notice.--A person that receives a request for 
                a statement, document, or material submitted for the 
                record of an allocation proceeding, shall--
                            ``(i) promptly notify the person that 
                        originally submitted the item or testified in 
                        the allocation proceeding; and
                            ``(ii) provide the person that originally 
                        submitted the item or testified in the 
                        allocation proceeding an opportunity to assert 
                        and defend the confidentiality of the item or 
                        testimony.
                    ``(B) Release.--No person may release or provide a 
                copy of a statement, document, or material submitted, 
                or the record of an allocation proceeding, to any 
                person not a party to the allocation except--
                            ``(i) with the written consent of the 
                        person that originally submitted the item or 
                        testified in the allocation proceeding; or
                            ``(ii) as may be required by court order.
            ``(5) Civil penalty.--
                    ``(A) In general.--A person that fails to maintain 
                the confidentiality of any statement, document, or 
                material or the record generated or obtained during an 
                allocation proceeding, or that releases any information 
                in violation of this section, shall be subject to a 
                civil penalty of not more than $25,000 per violation.
                    ``(B) Assessment of penalty.--A penalty may be 
                assessed by the Administrator in accordance with 
                section 109 or by any allocation party in a citizen 
                suit brought under section 310.
                    ``(C) Defenses.--In any administrative or judicial 
                proceeding, it shall be a complete defense that any 
                statement, document, or material or the record at issue 
                under subparagraph (A)--
                            ``(i) was in, or subsequently became part 
                        of, the public domain, and did not become part 
                        of the public domain as a result of a violation 
                        of this subsection by the person charged with 
                        the violation;
                            ``(ii) was already known by lawful means to 
                        the person receiving the information in 
                        connection with the allocation process; or
                            ``(iii) became known to the person 
                        receiving the information after disclosure in 
                        connection with the allocation process and did 
                        not become known as a result of any violation 
                        of this subsection by the person charged with 
                        the violation.
    ``(p) Rejection of Allocation Report.--
            ``(1) Rejection.--The Administrator and the Attorney 
        General may jointly reject a report issued by an allocator only 
        if the Administrator and the Attorney General jointly publish, 
        not later than 180 days after the Administrator receives the 
        report, a written determination that--
                    ``(A) no rational interpretation of the facts 
                before the allocator, in light of the factors required 
                to be considered, would form a reasonable basis for the 
                shares assigned to the parties; or
                    ``(B) the allocation process was directly and 
                substantially affected by bias, procedural error, 
                fraud, or unlawful conduct.
            ``(2) Finality.--A report issued by an allocator may not be 
        rejected after the date that is 180 days after the date on 
        which the United States accepts a settlement offer (excluding 
        an expedited settlement under section 122) based on the 
        allocation.
            ``(3) Judicial review.--Any determination by the 
        Administrator or the Attorney General under this subsection 
        shall not be subject to judicial review unless 2 successive 
        allocation reports relating to the same response action are 
        rejected, in which case any allocation party may obtain 
        judicial review of the second rejection in a United States 
        district court under subchapter II of chapter 5 of part I of 
        title 5, United States Code.
            ``(4) Delegation.--The authority to make a determination 
        under this subsection may not be delegated to any officer or 
        employee below the level of an Assistant Administrator or 
        Acting Assistant Administrator or an Assistant Attorney General 
        or Acting Assistant Attorney General with authority for 
        implementing this Act.
    ``(q) Second and Subsequent Allocations.--
            ``(1) In general.--If a report is rejected under subsection 
        (p), the allocation parties shall select an allocator under 
        subsection (e) to perform, on an expedited basis, a new 
        allocation based on the same record available to the previous 
        allocator.
            ``(2) Moratorium and tolling.--The moratorium and tolling 
        provisions of subsection (c) shall be extended until the date 
        that is 180 days after the date of the issuance of any second 
        or subsequent allocation report under paragraph (1).
            ``(3) Same allocator.--The allocation parties may select 
        the same allocator who performed 1 or more previous allocations 
        at the facility, except that the Administrator may determine 
        under subsection (e) that an allocator whose previous report at 
        the same facility has been rejected under subsection (p) is 
        unqualified to serve.
    ``(r) Settlements Based on Allocations.--
            ``(1) Definition.--In this subsection, the term `all 
        settlements' includes any orphan share allocated under 
        subsection (l).
            ``(2) In general.--Unless an allocation report is rejected 
        under subsection (p), any allocation party at a mandatory 
        allocation facility (including an allocation party whose 
        allocated share is funded partially or fully by orphan share 
        funding under subsection (l)) shall be entitled to resolve the 
        liability of the party to the United States for response 
        actions subject to allocation if, not later than 90 days after 
        the date of issuance of a report by the allocator, the party--
                    ``(A) offers to settle with the United States based 
                on the percentage share specified by the allocator; and
                    ``(B) agrees to the other terms and conditions 
                stated in this subsection.
            ``(3) Provisions of settlements.--
                    ``(A) In general.--A settlement based on an 
                allocation under this section--
                            ``(i) may consist of a cash-out settlement 
                        or an agreement for the performance of a 
                        response action; and
                            ``(ii) shall include--
                                    ``(I) a waiver of contribution 
                                rights against all persons that are 
                                potentially responsible parties for any 
                                response action addressed in the 
                                settlement;
                                    ``(II) a covenant not to sue that 
                                is consistent with section 122(f) and, 
                                except in the case of a cash-out 
                                settlement, provisions regarding 
                                performance or adequate assurance of 
                                performance of the response action;
                                    ``(III) a premium, calculated on a 
                                facility-specific basis and subject to 
                                the limitations on premiums stated in 
                                paragraph (5), that reflects the actual 
                                risk to the United States of not 
                                collecting unrecovered response costs 
                                for the response action, despite the 
                                diligent prosecution of litigation 
                                against any viable allocation party 
                                that has not resolved the liability of 
                                the party to the United States, except 
                                that no premium shall apply if all 
                                allocation parties participate in the 
                                settlement or if the settlement covers 
                                100 percent of the response costs 
                                subject to the allocation;
                                    ``(IV) complete protection from all 
                                claims for contribution regarding the 
                                response action addressed in the 
                                settlement; and
                                    ``(V) provisions through which a 
                                settling party shall receive prompt 
                                reimbursement from the Fund under 
                                subsection (s) of any response costs 
                                incurred by the party for any response 
                                action that is the subject of the 
                                allocation in excess of the allocated 
                                share of the party, including the 
                                allocated portion of any orphan share.
                    ``(B) Right to reimbursement.--A right to 
                reimbursement under subparagraph (A)(ii)(V) shall not 
                be contingent on recovery by the United States of any 
                response costs from any person other than the settling 
                party.
            ``(4) Report.--The Administrator shall report annually to 
        Congress on the administration of the allocation process under 
        this section, providing in the report--
                    ``(A) information comparing allocation results with 
                actual settlements at multiparty facilities;
                    ``(B) a cumulative analysis of response action 
                costs recovered through post-allocation litigation or 
                settlements of post-allocation litigation;
                    ``(C) a description of any impediments to achieving 
                complete recovery; and
                    ``(D) a complete accounting of the costs incurred 
                in administering and participating in the allocation 
                process.
            ``(5) Premium.--In each settlement under this subsection, 
        the premium authorized--
                    ``(A) shall be determined on a case-by-case basis 
                to reflect the actual litigation risk faced by the 
                United States with respect to any response action 
                addressed in the settlement; but
                    ``(B) shall not exceed--
                            ``(i) 5 percent of the total costs assumed 
                        by a settling party if all settlements 
                        (including any orphan share) account for more 
                        than 80 percent and less than 100 percent of 
                        responsibility for the response action;
                            ``(ii) 10 percent of the total costs 
                        assumed by a settling party if all settlements 
                        (including any orphan share) account for more 
                        than 60 percent and not more than 80 percent of 
                        responsibility for the response action;
                            ``(iii) 15 percent of the total costs 
                        assumed by a settling party if all settlements 
                        (including any orphan share) account for more 
                        than 40 percent and not more than 60 percent of 
                        responsibility for the response action; or
                            ``(iv) 20 percent of the total costs 
                        assumed by a settling party if all settlements 
                        (including any orphan share) account for 40 
                        percent or less of responsibility for the 
                        response; and
                    ``(C) shall be reduced proportionally by the 
                percentage of the alllocated share for that party paid 
                through orphan funding under subsection (l).
    ``(s) Funding of Orphan Shares.--
            ``(1) Reimbursement.--For each settlement agreement entered 
        into under subsection (r), the Administrator shall promptly 
        reimburse the allocation parties for any costs incurred that 
        are attributable to the orphan share, as determined by the 
        allocator.
            ``(2) Entitlement.--Paragraph (1) constitutes an 
        entitlement to any allocation party eligible to receive a 
        reimbursement.
            ``(3) Amounts owed.--Any amount due and owing in excess of 
        available appropriations in any fiscal year shall be paid from 
        amounts made available in subsequent fiscal years, along with 
        interest on the unpaid balances at the rate equal to that of 
        the current average market yield on outstanding marketable 
        obligations of the United States with a maturity of 1 year.
            ``(4) Documentation and auditing.--The Administrator--
                    ``(A) shall require that any claim for 
                reimbursement be supported by documentation of actual 
                costs incurred; and
                    ``(B) may require an independent auditing of any 
                claim for reimbursement.
    ``(t) Post-Allocation Contribution.--
            ``(1) In general.--Subject to paragraph (2), an allocation 
        party (including a party that is subject to an order under 
        section 106 or a settlement decree) that incurs costs after the 
        date of enactment of this section for implementation of a 
        response action that is the subject of an allocation under this 
        section to an extent that exceeds the percentage share of the 
        allocation party, as determined by the allocator, shall be 
        entitled to prompt reimbursement of the excess amount, 
        including any orphan share, from the Fund, unless the 
        allocation report is rejected under subsection (p).
            ``(2) Exception.--No person whose allocated share is fully 
        funded by the orphan share pursuant to subsection (l)(2)(B) 
        shall be subject to an order pursuant to section 106 issued 
after the date of enactment of this section.
            ``(3) Not contingent.--The right to reimbursement under 
        paragraph (1) shall not be contingent on recovery by the United 
        States of a response cost from any other person.
            ``(4) Terms and conditions.--
                    ``(A) Risk premium.--A reimbursement shall be 
                reduced by the amount of the litigation risk premium 
                under subsection (r)(5) that would apply to a 
                settlement by the allocation party concerning the 
                response action, based on the total allocated shares of 
                the parties that have not reached a settlement with the 
                United States.
                    ``(B) Timing.--
                            ``(i) In general.--A reimbursement shall be 
                        paid out during the course of the response 
                        action that was the subject of the allocation, 
                        using reasonable progress payments at 
                        significant milestones.
                            ``(ii) Construction.--Reimbursement for the 
                        construction portion of the work shall be paid 
                        out not later than 120 days after the date of 
                        completion of the construction.
                    ``(C) Equitable offset.--A reimbursement is subject 
                to equitable offset or recoupment by the Administrator 
                at any time if the allocation party fails to perform 
                the work in a proper and timely manner.
                    ``(D) Independent auditing.--The Administrator may 
                require independent auditing of any claim for 
                reimbursement.
                    ``(E) Waiver.--An allocation party seeking 
                reimbursement waives the right to seek recovery of 
                response costs in connection with the response action, 
                or contribution toward the response costs, from any 
                other person.
                    ``(F) Bar.--An administrative order shall be in 
                lieu of any action by the United States or any other 
                person against the allocation party for recovery of 
                response costs in connection with the response action, 
                or for contribution toward the costs of the response 
                action.
    ``(u) Post-Settlement Litigation.--
            ``(1) In general.--Subject to subsections (q) and (r), and 
        on the expiration of the moratorium period under subsection 
        (c)(4), the Administrator may commence an action under section 
        107 against an allocation party that has not resolved the 
        liability of the party to the United States following 
        allocation and may seek to recover response costs not recovered 
        through settlements with other persons.
            ``(2) Orphan share.--The recoverable costs shall include 
        any orphan share determined under subsection (l), but shall not 
        include any share allocated to a Federal, State, or local 
        governmental agency, department, or instrumentality.
            ``(3) Impleader.--A defendant in an action under paragraph 
        (1) may implead an allocation party only if the allocation 
        party did not resolve liability to the United States.
            ``(4) Certification.--In commencing or maintaining an 
        action under section 107 against an allocation party after the 
        expiration of the moratorium period under subsection (c)(4), 
        the Attorney General shall certify in the complaint that the 
        defendant failed to settle the matter based on the share that 
        the allocation report assigned to the party.
            ``(5) Response costs.--
                    ``(A) Allocation procedure.--The cost of 
                implementing the allocation procedure under this 
                section, including reasonable fees and expenses of the 
                allocator, shall be considered as a necessary response 
                cost.
                    ``(B) Funding of orphan shares.--The cost 
                attributable to funding an orphan share under this 
                section--
                            ``(i) shall be considered as a necessary 
                        cost of response cost; and
                            ``(ii) shall be recoverable in accordance 
                        with section 107 only from an allocation party 
                        that does not reach a settlement and does not 
                        receive an administrative order under 
                        subsection (r) or (t).
    ``(v) New Information.--
            ``(1) In general.--An allocation under this section shall 
        be final, except that any settling party, including the United 
        States, may seek a new allocation with respect to the response 
        action that was the subject of the settlement by presenting the 
        Administrator with clear and convincing evidence that--
                    ``(A) the allocator did not have information 
                concerning--
                            ``(i) 35 percent or more of the materials 
                        containing hazardous substances at the 
                        facility; or
                            ``(ii) 1 or more persons not previously 
                        named as an allocation party that contributed 
                        15 percent or more of materials containing 
                        hazardous substances at the facility; and
                    ``(B) the information was discovered subsequent to 
                the issuance of the report by the allocator.
            ``(2) New allocation.--Any new allocation of 
        responsibility--
                    ``(A) shall proceed in accordance with this 
                section;
                    ``(B) shall be effective only after the date of the 
                new allocation report; and
                    ``(C) shall not alter or affect the original 
                allocation with respect to any response costs 
                previously incurred.
    ``(w) Allocator's Discretion.--The Administrator shall not issue 
any rule or order that limits the discretion of the allocator in the 
conduct of the allocation.
    ``(x) Illegal Activities.--Section 107 (n), (o), (p), (q), (r), 
(s), (t), and (u), section 112(g), and (l)(2)(B) shall not apply to any 
person whose liability for response costs under section 107(a)(1) is 
otherwise based on any act, omission, or status that is determined by a 
court or administrative body of competent jurisdiction, within the 
applicable statute of limitation, to have been a violation of any 
Federal or State law pertaining to the treatment, storage, disposal, or 
handling of hazardous substances if the violation pertains to a 
hazardous substance, the release or threat of release of which caused 
the incurrence of response costs at the vessel or facility.''.

SEC. 504. LIABILITY OF RESPONSE ACTION CONTRACTORS.

    (a) Liability of Contractors.--Section 101(20) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601(20)), as amended by section 303(a), is amended by adding at 
the end the following:
                    ``(G) Liability of contractors.--
                            ``(i) In general.--The term `owner or 
                        operator' does not include a response action 
                        contractor (as defined in section 119(e)).
                            ``(ii) Liability limitations.--A person 
                        described in clause (i) shall not, in the 
                        absence of negligence by the person, be 
                        considered to--
                                    ``(I) cause or contribute to any 
                                release or threatened release of a 
                                hazardous substance, pollutant, or 
                                contaminant;
                                    ``(II) arrange for disposal or 
                                treatment of a hazardous substance, 
                                pollutant, or contaminant;
                                    ``(III) arrange with a transporter 
                                for transport or disposal or treatment 
                                of a hazardous substance, pollutant, or 
                                contaminant; or
                                    ``(IV) transport a hazardous 
                                substance, pollutant, or contaminant.
                            ``(iii) Exception.--This subparagraph does 
                        not apply to a person potentially responsible 
                        under section 106 or 107 other than a person 
                        associated solely with the provision of a 
                        response action or a service or equipment 
                        ancillary to a response action.''.
    (b) National Uniform Negligence Standard.--Section 119(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9619(a)) is amended--
            (1) in paragraph (1) by striking ``title or under any other 
        Federal law'' and inserting ``title or under any other Federal 
        or State law''; and
            (2) in paragraph (2)--
                    (A) by striking ``(2) Negligence, etc.--Paragraph 
                (1)'' and inserting the following:
            ``(2) Negligence and intentional misconduct; application of 
        state law.--
                    ``(A) Negligence and intentional misconduct.--
                            ``(i) In general.--Paragraph (1)''; and
                    (B) by adding at the end the following:
                            ``(ii) Standard.--Conduct under clause (i) 
                        shall be evaluated based on the generally 
                        accepted standards and practices in effect at 
                        the time and place at which the conduct 
                        occurred.
                            ``(iii) Plan.--An activity performed in 
                        accordance with a plan that was approved by the 
                        Administrator shall not be considered to 
                        constitute negligence under clause (i).
                    ``(B) Application of state law.--Paragraph (1) 
                shall not apply in determining the liability of a 
                response action contractor under the law of a State if 
                the State has adopted by statute a law determining the 
                liability of a response action contractor.''.
    (c) Extension of Indemnification Authority.--Section 119(c)(1) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9619(c)(1)) is amended by adding at the end the 
following: ``The agreement may apply to a claim for negligence arising 
under Federal or State law.''.
    (d) Indemnification Determinations.--Section 119(c) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9619(c)) is amended by striking paragraph (4) and 
inserting the following:
            ``(4) Decision to indemnify.--
                    ``(A) In general.--For each response action 
                contract for a vessel or facility, the Administrator 
                shall make a decision whether to enter into an 
                indemnification agreement with a response action 
                contractor.
                    ``(B) Standard.--The Administrator shall enter into 
                an indemnification agreement to the extent that the 
                potential liability (including the risk of harm to 
                public health, safety, environment, and property) 
                involved in a response action exceed or are not covered 
                by insurance available to the contractor at the time at 
                which the response action contract is entered into that 
                is likely to provide adequate long-term protection to 
                the public for the potential liability on fair and 
                reasonable terms (including consideration of premium, 
                policy terms, and deductibles).
                    ``(C) Diligent efforts.--The Administrator shall 
                enter into an indemnification agreement only if the 
                Administrator determines that the response action 
                contractor has made diligent efforts to obtain 
                insurance coverage from non-Federal sources to cover 
                potential liabilities.
                    ``(D) Continued diligent efforts.--An 
                indemnification agreement shall require the response 
                action contractor to continue, not more frequently than 
                annually, to make diligent efforts to obtain insurance 
                coverage from non-Federal sources to cover potential 
                liabilities.
                    ``(E) Limitations on indemnification.--An 
                indemnification agreement provided under this 
                subsection shall include deductibles and shall place 
                limits on the amount of indemnification made available 
                in amounts determined by the contracting agency to be 
                appropriate in light of the unique risk factors 
                associated with the cleanup activity.''.
    (e) Indemnification for Threatened Releases.--Section 119(c)(5)(A) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9619(c)(5)(A)) is amended by inserting 
``or threatened release'' after ``release'' each place it appears.
    (f) Extension of Coverage to All Response Actions.--Section 
119(e)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9619(e)(1)) is amended--
            (1) in subparagraph (D) by striking ``carrying out an 
        agreement under section 106 or 122''; and
            (2) in the matter following subparagraph (D)--
                    (A) by striking ``any remedial action under this 
                Act at a facility listed on the National Priorities 
                List, or any removal under this Act,'' and inserting 
                ``any response action,''; and
                    (B) by inserting before the period at the end the 
                following: ``or to undertake appropriate action 
                necessary to protect and restore any natural resource 
                damaged by the release or threatened release''.
    (g) Definition of Response Action Contractor.--Section 
119(e)(2)(A)(i) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9619(e)(2)(A)(i)) is 
amended by striking ``and is carrying out such contract'' and inserting 
``covered by this section and any person (including any subcontractor) 
hired by a response action contractor''.
    (h) Surety Bonds.--Section 119 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9619) is 
amended--
            (1) in subsection (e)(2)(C) by striking ``, and before 
        January 1, 1996,''; and
            (2) in subsection (g)(5) by striking ``, or after December 
        31, 1995''.
    (i) National Uniform Statute of Repose.--Section 119 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9619) is amended by adding at the end the following:
    ``(h) Limitation on Actions Against Response Action Contractors.--
            ``(1) In general.--No action may be brought as a result of 
        the performance of services under a response contract against a 
        response action contractor after the date that is 7 years after 
        the date of completion of work at any facility under the 
        contract to recover--
                    ``(A) injury to property, real or personal;
                    ``(B) personal injury or wrongful death;
                    ``(C) other expenses or costs arising out of the 
                performance of services under the contract; or
                    ``(D) contribution or indemnity for damages 
                sustained as a result of an injury described in 
                subparagraphs (A) through (C).
            ``(2) Exception.--Paragraph (1) does not bar recovery for a 
        claim caused by the conduct of the response action contractor 
        that is grossly negligent or that constitutes intentional 
        misconduct.
            ``(3) Indemnification.--This subsection does not affect any 
        right of indemnification that a response action contractor may 
        have under this section or may acquire by contract with any 
        person.
    ``(i) State Standards of Repose.--Subsections (a)(1) and (h) shall 
not apply in determining the liability of a response action contractor 
if the State has enacted a statute of repose determining the liability 
of a response action contractor.''.

SEC. 505. RELEASE OF EVIDENCE.

    (a) Timely Access to Information Furnished Under Section 104(e).--
Section 104(e)(7)(A) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(e)(7)(A)) is 
amended by inserting after ``shall be available to the public'' the 
following: ``not later than 14 days after the records, reports, or 
information is obtained''.
    (b) Requirement To Provide Potentially Responsible Parties Evidence 
of Liability.--
            (1) Abatement actions.--Section 106(a) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9606(a)) is amended--
                    (A) by striking ``(a) In addition'' and inserting 
                the following: ``(a) Order.--''
            ``(1) In general.--In addition''; and
                    (B) by adding at the end the following:
            ``(2) Contents of order.--An order under paragraph (1) 
        shall provide information concerning the evidence that 
        indicates that each element of liability described in section 
        107(a)(1) (A), (B), (C), and (D), as applicable, is present.''.
            (2) Settlements.--Section 122(e)(1) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9622(e)(1)) is amended by inserting after 
subparagraph (C) the following:
                    ``(D) For each potentially responsible party, the 
                evidence that indicates that each element of liability 
                contained in section 107(a)(1) (A), (B), (C), and (D), 
                as applicable, is present.''.

SEC. 506. CONTRIBUTION PROTECTION.

    Section 113(f)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9613(f)(2)) is 
amended in the first sentence by inserting ``or cost recovery'' after 
``contribution''.

SEC. 507. TREATMENT OF RELIGIOUS, CHARITABLE, SCIENTIFIC, AND 
              EDUCATIONAL ORGANIZATIONS AS OWNERS OR OPERATORS.

    (a) Definition.--Section 101(20) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)), 
as amended by section 502(a), is amended by adding at the end the 
following:
                    ``(H) Religious, charitable, scientific, and 
                educational organizations.--The term `owner or 
                operator' includes an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 that is 
                organized and operated exclusively for religious, 
                charitable, scientific, or educational purposes and 
                that holds legal or equitable title to a vessel or 
                facility.''.
    (b) Limitation on Liability.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607), as amended by section 306(b), is amended by adding at the 
end the following:
    ``(u) Religious, Charitable, Scientific, and Educational 
Organizations.--
            ``(1) Limitation on liability.--Subject to paragraph (2), 
        if an organization described in section 101(20)(I) holds legal 
        or equitable title to a vessel or facility as a result of a 
        charitable gift that is allowable as a deduction under section 
        170, 2055, or 2522 of the Internal Revenue Code of 1986 
        (determined without regard to dollar limitations), the 
        liability of the organization shall be limited to the lesser of 
        the fair market value of the vessel or facility or the actual 
        proceeds of the sale of the vessel or facility received by the 
        organization.
            ``(2) Conditions.--In order for an organization described 
        in section 101(20)(I) to be eligible for the limited liability 
        described in paragraph (1), the organization shall--
                    ``(A) provide full cooperation, assistance, and 
                vessel or facility access to persons authorized to 
                conduct response actions at the vessel or facility, 
                including the cooperation and access necessary for the 
                installation, preservation of integrity, operation, and 
                maintenance of any complete or partial response action 
                at the vessel or facility;
                    ``(B) provide full cooperation and assistance to 
                the United States in identifying and locating persons 
                who recently owned, operated, or otherwise controlled 
                activities at the vessel or facility;
                    ``(C) establish by a preponderance of the evidence 
                that all active disposal of hazardous substances at the 
                vessel or facility occurred before the organization 
                acquired the vessel or facility; and
                    ``(D) establish by a preponderance of the evidence 
                that the organization did not cause or contribute to a 
                release or threatened release of hazardous substances 
                at the vessel or facility.
            ``(3) Limitation.--Nothing in this subsection affects the 
        liability of a person other than a person described in section 
        101(20)(G) that meets the conditions specified in paragraph 
        (2).''.

SEC. 508. COMMON CARRIERS.

    Section 107(b)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(b)(3)) is 
amended by striking ``a published tariff and acceptance'' and inserting 
``a contract''.

SEC. 509. LIMITATION ON LIABILITY FOR RESPONSE COSTS.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607), as amended by 
section 505(b), is amended by adding at the end the following:
    ``(v) Limitation on Liability of Railroad Owners.--Notwithstanding 
subsection (a)(1), a person that does not impede the performance of a 
response action or natural resource restoration shall not be liable 
under this Act to the extent that liability is based solely on the 
status of the person 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--
            ``(1) the spur track provides access to a main line or 
        branch line track that is owned or operated by the railroad;
            ``(2) the spur track is 10 miles long or less; and
            ``(3) the railroad owner or operator does not cause or 
        contribute to a release or threatened release at the spur 
        track.''.

                      TITLE VI--FEDERAL FACILITIES

SEC. 601. TRANSFER OF AUTHORITIES.

    Section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended by 
striking subsection (g) and inserting the following:
    ``(g) Transfer of Authorities.--
            ``(1) Definitions.--In this section:
                    ``(A) Interagency agreement.--The term `interagency 
                agreement' means an interagency agreement under this 
                section.
                    ``(B) Transfer agreement.--The term `transfer 
                agreement' means a transfer agreement under paragraph 
                (3).
                    ``(C) Transferee state.--The term `transferee 
                State' means a State to which authorities have been 
                transferred under a transfer agreement.
            ``(2) State application for transfer of authorities.--A 
        State may apply to the Administrator to exercise the 
        authorities vested in the Administrator under this Act at any 
        facility located in the State that is--
                    ``(A) owned or operated by any department, agency, 
                or instrumentality of the United States (including the 
                executive, legislative, and judicial branches of 
                government); and
                    ``(B) listed on the National Priorities List.
            ``(3) Transfer of authorities.--
                    ``(A) Determinations.--The Administrator shall 
                enter into a transfer agreement to transfer to a State 
                the authorities described in paragraph (2) if the 
                Administrator determines that--
                            ``(i) the State has the ability to exercise 
                        such authorities in accordance with this Act, 
                        including adequate legal authority, financial 
                        and personnel resources, organization, and 
                        expertise;
                            ``(ii) the State has demonstrated 
                        experience in exercising similar authorities;
                            ``(iii) the State has agreed to be bound by 
                        all Federal requirements and standards under 
section 129 governing the design and implementation of the facility 
evaluation, remedial action plan, and remedial design; and
                            ``(iv) the State has agreed to abide by the 
                        terms of any interagency agreement or 
                        agreements covering the Federal facility or 
                        facilities with respect to which authorities 
                        are being transferred in effect at the time of 
                        the transfer of authorities.
                    ``(B) Contents of transfer agreement.--A transfer 
                agreement--
                            ``(i) shall incorporate the determinations 
                        of the Administrator under subparagraph (A); 
                        and
                            ``(ii) in the case of a transfer agreement 
                        covering a facility with respect to which there 
                        is no interagency agreement that specifies a 
                        dispute resolution process, shall require that 
                        within 120 days after the effective date of the 
                        transfer agreement, the State shall agree with 
                        the head of the Federal department, agency, or 
                        instrumentality that owns or operates the 
                        facility on a process for resolution of any 
                        disputes between the State and the Federal 
                        department, agency, or instrumentality 
                        regarding the selection of a remedial action 
                        for the facility; and
                            ``(iii) shall not impose on the transferee 
                        State any term or condition other than that the 
                        State meet the requirements of subparagraph 
                        (A).
            ``(4) Effect of transfer.--
                    ``(A) State authorities.--A transferee State--
                            ``(i) shall not be deemed to be an agent of 
                        the Administrator but shall exercise the 
                        authorities transferred under a transfer 
                        agreement in the name of the State; and
                            ``(ii) shall have exclusive authority to 
                        exercise authorities that have been 
                        transferred.
                    ``(B) Effect on interagency agreements.--Nothing in 
                this subsection shall require, authorize, or permit the 
                modification or revision of an interagency agreement 
                covering a facility with respect to which authorities 
                have been transferred to a State under a transfer 
                agreement (except for the substitution of the 
                transferee State for the Administrator in the terms of 
                the interagency agreement, including terms stating 
                obligations intended to preserve the confidentiality of 
                information) without the written consent of the 
                Governor of the State and the head of the department, 
                agency, or instrumentality.
            ``(5) Selected remedial action.--The remedial action 
        selected for a facility under section 129 by a transferee State 
        shall constitute the only remedial action required to be 
        conducted at the facility, and the transferee State shall be 
        precluded from enforcing any other remedial action requirement 
        under Federal or State law, except for--
                    ``(A) any corrective action under the Solid Waste 
                Disposal Act (42 U.S.C. 6901 et seq.) that was 
                initiated prior to the date of enactment of this 
                subsection; and
                    ``(B) any remedial action in excess of remedial 
                action under section 129 that the State selects in 
                accordance with paragraph (10).
            ``(6) Deadline.--
                    ``(A) In general.--The Administrator shall make a 
                determination on an application by a State under 
paragraph (2) not later than 120 days after the date on which the 
Administrator receives the application.
                    ``(B) Failure to act.--If the Administrator does 
                not issue a notice of approval or notice of disapproval 
                of an application within the time period stated in 
                subparagraph (A), the application shall be deemed to 
                have been granted.
            ``(7) Resubmission of application.--
                    ``(A) In general.--If the Administrator disapproves 
                an application under paragraph (1), the State may 
                resubmit the application at any time after receiving 
                the notice of disapproval.
                    ``(B) Failure to act.--If the Administrator does 
                not issue a notice of approval or notice of disapproval 
                of a resubmitted application within the time period 
                stated in paragraph (6)(A), the resubmitted application 
                shall be deemed to have been granted.
            ``(8) Judicial review.--A disapproval of a resubmitted 
        application shall be subject to judicial review under section 
        113(b).
            ``(9) Withdrawal of authorities.--The Administrator may 
        withdraw the authorities transferred under a transfer agreement 
        in whole or in part if the Administrator determines that the 
        State--
                    ``(A) is exercising the authorities, in whole or in 
                part, in a manner that is inconsistent with the 
                requirements of this Act;
                    ``(B) has violated the transfer agreement, in whole 
                or in part; or
                    ``(C) no longer meets one of the requirements of 
                paragraph (3).
            ``(10) State cost responsibility.--The State may require a 
        remedial action that exceeds the remedial action selection 
        requirements of section 121 if the State pays the incremental 
        cost of implementing that remedial action over the most cost-
        effective remedial action that would result from the 
        application of section 129.
            ``(11) Dispute resolution and enforcement.--
                    ``(A) Dispute resolution.--
                            ``(i) Facilities covered by both a transfer 
                        agreement and an interagency agreement.--In the 
                        case of a facility with respect to which there 
                        is both a transfer agreement and an interagency 
                        agreement, if the State does not concur in the 
                        remedial action proposed for selection by the 
                        Federal department, agency, or instrumentality, 
                        the Federal department, agency, or 
                        instrumentality and the State shall engage in 
                        the dispute resolution process provided for in 
                        the interagency agreement, except that the 
                        final level for resolution of the dispute shall 
                        be the head of the Federal department, agency, 
                        or instrumentality and the Governor of the 
                        State.
                            ``(ii) Facilities covered by a transfer 
                        agreement but not an interagency agreement.--In 
                        the case of a facility with respect to which 
                        there is a transfer agreement but no 
                        interagency agreement, if the State does not 
                        concur in the remedial action proposed for 
                        selection by the Federal department, agency, or 
                        instrumentality, the Federal department, 
                        agency, or instrumentality and the State shall 
                        engage in dispute resolution as provide in 
                        paragraph (3)(B)(ii) under which the final 
                        level for resolution of the dispute shall be 
                        the head of the Federal department, agency, or 
                        instrumentality and the Governor of the State.
                            ``(iii) Failure to resolve.--If no 
                        agreement is reached between the head of the 
                        Federal department, agency, or instrumentality 
                        and the Governor in a dispute resolution  
                        process  under  clause  (i)  or (ii), the 
                        Governor of the State shall make the final 
                        determination regarding selection of a remedial 
                        action. To compel implementation of the State's 
                        selected remedy, the State must bring a civil 
                        action in United States district court.
                    ``(B) Enforcement.--
                            ``(i) Authority; jurisdiction.--An 
                        interagency agreement with respect to which 
                        there is a transfer agreement or an order 
                        issued by a transferee State shall be 
                        enforceable by a transferee State or by the 
                        Federal department, agency, or instrumentality 
                        that is a party to the interagency agreement 
                        only in the United States district court for 
                        the district in which the facility is located.
                            ``(ii) Remedies.--The district court 
                        shall--
                                    ``(I) enforce compliance with any 
                                provision, standard, regulation, 
                                condition, requirement, order, or final 
                                determination that has become effective 
                                under the interagency agreement;
                                    ``(II) impose any appropriate civil 
                                penalty provided for any violation of 
                                an interagency agreement, not to exceed 
                                $25,000 per day;
                                    ``(III) compel implementation of 
                                the selected remedial action; and
                                    ``(IV) review a challenge by the 
                                Federal department, agency, or 
                                instrumentality to the remedial action 
                                selected by the State under this 
                                section, in accordance with section 
                                113(j).
            ``(12) Community participation.--If, prior to the date of 
        enactment of this section, a Federal department, agency, or 
        instrumentality had established for a facility covered by a 
        transfer agreement a facility-specific advisory board or other 
        community-based advisory group (designated as a `site-specific 
        advisory board', a `restoration advisory board', or otherwise), 
        and the Administrator determines that the board or group is 
        willing and able to perform the responsibilities of a community 
        response organization under section 117(e)(2), the board or 
        group--
                    ``(A) shall be considered to be a community 
                response organization for the purposes of section 117 
                (e) (2), (3), (4), and (9), and (g) and sections 127 
                and 129; but
                    ``(B) shall not be required to comply with, and 
                shall not be considered to be a community response 
                organization for the purposes of, section 117 (e) (1), 
                (5), (6), (7), or (8) or (f).''.

SEC. 602. LIMITATION ON CRIMINAL LIABLIITY OF FEDERAL OFFICERS, 
              EMPLOYEES, AND AGENTS.

    Section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended by 
adding at the end the following:
    ``(i) Criminal Liability.--Notwithstanding any other provision of 
this Act or any other law, an officer, employee, or agent of the United 
States shall not be held criminally liable for a failure to comply, in 
any fiscal year, with a requirement to take a response action at a 
facility that is owned or operated by a department, agency, or 
instrumentality of the United States, under this Act, the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.), or any other Federal or State 
law unless--
            ``(1) the officer, employee, or agent has not fully 
        performed any direct responsibility or delegated responsibility 
        that the officer, employee, or agent had under Executive Order 
        12088 (42 U.S.C. 4321 note) or any other delegation of 
        authority to ensure that a request for funds sufficient to take 
        the response action was included in the President's budget 
        request under section 1105 of title 31, United States Code, for 
        that fiscal year; or
            ``(2) appropriated funds were available to pay for the 
        response action.''.

SEC. 603. INNOVATIVE TECHNOLOGIES FOR REMEDIAL ACTION AT FEDERAL 
              FACILITIES.

    (a) In General.--Section 311 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660) is 
amended by adding at the end the following:
    ``(h) Federal Facilities.--
            ``(1) Designation.--The President may designate a facility 
        that is owned or operated by any department, agency, or 
        instrumentality of the United States, and that is listed or 
        proposed for listing on the National Priorities List, to 
facilitate the research, development, and application of innovative 
technologies for remedial action at the facility.
            ``(2) Use of facilities.--
                    ``(A) In general.--A facility designated under 
                paragraph (1) shall be made available to Federal 
                departments and agencies, State departments and 
                agencies, and public and private instrumentalities, to 
                carry out activities described in paragraph (1).
                    ``(B) Coordination.--The Administrator--
                            ``(i) shall coordinate the use of the 
                        facilities with the departments, agencies, and 
                        instrumentalities of the United States; and
                            ``(ii) may approve or deny the use of a 
                        particular innovative technology for remedial 
                        action at any such facility.
            ``(3) Considerations.--
                    ``(A) Evaluation of schedules and penalties.--In 
                considering whether to permit the application of a 
                particular innovative technology for remedial action at 
                a facility designated under paragraph (1), the 
                Administrator shall evaluate the schedules and 
                penalties applicable to the facility under any 
                agreement or order entered into under section 120.
                    ``(B) Amendment of agreement or order.--If, after 
                an evaluation under subparagraph (A), the Administrator 
                determines that there is a need to amend any agreement 
                or order entered into pursuant to section 120, the 
                Administrator shall comply with all provisions of the 
                agreement or order, respectively, relating to the 
                amendment of the agreement or order.''.
    (b) Report to Congress.--Section 311(e) of Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9660(e)) is amended--
            (1) by striking ``At the time'' and inserting the 
        following:
            ``(1) In general.--At the time''; and
            (2) by adding at the end the following:
            ``(2) Additional information.--A report under paragraph (1) 
        shall include information on the use of facilities described in 
        subsection (h)(1) for the research, development, and 
        application of innovative technologies for remedial activity, 
        as authorized under subsection (h).''.

SEC. 604. FEDERAL FACILITY LISTING.

    Section 120(h)(4)(C) of the Comprehensive Environmental Response 
Compensation and Liability Act of 1980 (42 U.S.C. 9620(h)(4)(C)) is 
amended by adding at the end the following:
            ``(v) On identification of parcels of uncontaminated 
        property under this paragraph, the President may provide notice 
        that the listing does not include the identified uncontaminated 
        parcels.''.

SEC. 605. FEDERAL FACILITY LISTING DEFERRAL.

    Paragraph (3) of section 120(d) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(d)), 
as designated by section 604, is amended by inserting after ``persons'' 
the following: ``, but an appropriate factor as referred to in section 
105(a)(8)(A) may include the extent to which the Federal agency has 
arranged with the Administrator or with a State to respond to the 
release or threatened release under other legal authority''.

SEC. 606. TRANSFERS OF UNCONTAMINATED PROPERTY.

    Section 120(h)(4)(A) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)(A)) is 
amended in the first sentence by striking ``stored for one year or 
more,''.

                  TITLE VII--NATURAL RESOURCE DAMAGES

SEC. 701. RESTORATION OF NATURAL RESOURCES.

    (a) Definitions.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), as 
amended by section 504(b), is amended by adding at the end the 
following:
            ``(52) Baseline.--The term `baseline' means the condition 
        or conditions that would have existed at a natural resource had 
        a release of hazardous substances not occurred.
            ``(53) Compensatory restoration.--The term `compensatory 
        restoration' means the provision of ecological services lost as 
        a result of injury to or destruction or loss of a natural 
        resource from the initial release giving rise to liability 
        under section 107(a)(2)(C) until primary restoration has been 
        achieved with respect to those services.
            ``(54) Ecological service.--The term `ecological service' 
        means a physical or biological function performed by an 
        ecological resource, including the human uses of such a 
        function.
            ``(55) Primary restoration.--The term `primary restoration' 
        means rehabilitation, natural recovery, or replacement of an 
        injured, destroyed, or lost natural resource, or acquisition of 
        a substitute or alternative natural resource, to reestablish 
        the baseline ecological service that the natural resource would 
        have provided in the absence of a release giving rise to 
        liability under section 107(a)(2)(C).
            ``(56) Restoration.--The term `restoration' means primary 
        restoration and compensatory restoration.''.
    (b) Liability for Natural Resource Damages.--
            (1) Amendment.--Section 107(a) of the Comprehensive 
        Environmental Response Compensation, and Liability Act of 1980 
        (42 U.S.C. 9607(a)) is amended--
                    (A) by inserting ``In General.--'' after ``(a)'';
                    (B) by striking ``Notwithstanding'' and inserting 
                the following:
            ``(1) Persons liable.--Notwithstanding'';
                    (C) by redesignating paragraphs (1), (2), (3), and 
                (4) (as designated prior to the date of enactment of 
                this Act) as subparagraphs (A), (B), (C), and (D), 
                respectively, and adjusting the margins accordingly;
                    (D) by striking ``hazardous substance, shall be 
                liable for--'' and inserting the following: ``hazardous 
                substance,
        shall be liable for the costs and damages described in 
        paragraph (2).
            ``(2) Costs and damages.--A person described in paragraph 
        (1) shall be liable for--'';
                    (E) by striking subparagraph (C) of paragraph (2), 
                as designated by subparagraph (D), and inserting the 
                following:
                    ``(C) damages for injury to, destruction of, or 
                loss of the baseline ecological services of natural 
                resources, including the reasonable costs of assessing 
                such injury, destruction, or loss caused by a release; 
                and'';
                    (F) by striking ``The amounts'' and inserting the 
                following:
            ``(3) Interest.--The amounts''; and
                    (G) in the first sentence of paragraph (3), as 
                designated by subparagraph (F), by striking 
                ``subparagraphs (A) through (D)'' and inserting 
                ``paragraph (2)''.
            (2) Conforming amendments.--Section 107 of the 
        Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9607) is amended--
                    (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 ``subparagraph 
                (C) of subsection (a)'' each place it appears and 
                inserting ``subsection (a)(2)(C)''.
    (c) Natural Resource Damages.--Section 107(f) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(f)) is amended--
            (1) by inserting ``Natural Resource Damages.--'' after 
        ``(f)'';
            (2) by striking ``(1) Natural Resources Liability.--In the 
        case'' and inserting the following:
            ``(1) Liability.--
                    ``(A) In general.--In the case'';
            (3) in paragraph (1)(A), as designated by paragraph (2)--
                    (A) in the first sentence by inserting ``the 
                baseline ecological services of'' after ``loss of'';
                    (B) in the third and fourth sentences, by striking 
                ``to restore, replace, or acquire the equivalent'' each 
                place it appears and inserting ``for restoration'';
                    (C) by inserting after the fourth sentence the 
                following: ``Sums recovered by an Indian tribe as 
                trustee under this subsection shall be available for 
                use only for restoration of such natural resources by 
                the Indian tribe. A restoration conducted by the United 
                States, a State, or an Indian tribe shall proceed only 
                if it is technologically practicable, cost-effective, 
                and consistent with all known or anticipated response 
                actions at or near the facility.''; and
                    (D) by striking ``The measure of damages in any 
                action'' and all that follows through the end of the 
                paragraph and inserting the following:
                    ``(B) Limitations on liability.--
                            ``(i) Measure of damages.--The measure of 
                        damages in any action under subsection 
                        (a)(2)(C) shall be limited to the reasonable 
                        costs of restoration and of assessing damages.
                            ``(ii) Nonuse values.--There shall be no 
                        recovery under this Act for any impairment of 
                        non-use values.
                            ``(iii) No double recovery.--A person that 
                        obtains a recovery of damages, response costs, 
                        assessment costs, or any other costs under this 
                        Act for injury to, destruction of, or loss of a 
                        natural resource caused by a release shall not 
                        be entitled to recovery under or any other 
                        Federal or State law for injury to or 
                        destruction or loss of the natural resource 
                        caused by the release.
                            ``(iv) No retroactive liability.--
                                    ``(I) Compensatory restoration.--
                                There shall be no recovery from any 
                                person under this section for the costs 
                                of compensatory restoration for a 
                                natural resource injury, destruction, 
                                or loss that occurred prior to December 
                                11, 1980.
                                    ``(II) Primary restoration.--There 
                                shall be no recovery from any person 
                                under this section for the costs of 
                                primary restoration if the natural 
                                resource injury, destruction, or loss 
                                for which primary restoration is sought 
                                and the release of the hazardous 
                                substance from which the injury 
                                resulted occurred wholly before 
                                December 11, 1980.
                            ``(v) Burden of proof on the issue of the 
                        date of occurrence of a release.--The trustee 
                        for an injured, destroyed, or lost natural 
                        resource bears the burden of demonstrating that 
                        any amount of costs of compensatory restoration 
                        that the trustee seeks under this section is to 
                        compensate for an injury, destruction, or loss 
                        (or portion of an injury, destruction, or loss) 
                        that occurred on or after December 11, 1980.''; 
                        and
            (4) by adding at the end the following:
            ``(3) Selection of restoration method.--When selecting 
        appropriate restoration measures, including natural recovery, a 
        trustee shall select the most cost-effective method of 
        achieving restoration.''.

SEC. 702. ASSESSMENT OF DAMAGES.

    (a) Damage Assessments.--Section 107(f)(2) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(f)(2)) is amended by striking subparagraph (C) and 
inserting the following:
                    ``(C) Damage assessment.--
                            ``(i) Regulation.--A natural resource 
                        damage assessment conducted for the purposes of 
                        this Act made by a Federal, State, or tribal 
                        trustee shall be performed, to the extent 
                        practicable, in accordance with--
                                    ``(I) the regulation issued under 
                                section 301(c); and
                                    ``(II) generally accepted 
                                scientific and technical standards and 
                                methodologies to ensure the validity 
                                and reliability of assessment results.
                            ``(ii) Facility-specific conditions and 
                        restoration requirements.--Injury 
                        determination, restoration planning, and 
                        quantification of restoration costs shall, to 
                        the extent practicable, be based on an 
                        assessment of facility-specific conditions and 
                        restoration requirements.
                            ``(iii) Use by trustee.--A natural resource 
                        damage assessment under clause (i) may be used 
                        by a trustee as the basis for a natural 
                        resource damage claim only if the assessment 
                        demonstrates that the hazardous substance 
                        release in question caused the alleged natural 
                        resource injury.
                            ``(iv) Cost recovery.--As part of a 
                        trustee's claim, a trustee may recover only the 
                        reasonable damage assessment costs that were 
                        incurred directly in relation to the site-
                        specific conditions and restoration measures 
                        that are the subject of the natural resource 
                        damage action.''.
    (b) Regulations.--
            (1) New regulations.--Section 301 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9651) is amended by striking subsection (c) and 
        inserting the following:
    ``(c) Regulations for Damage Assessments.--
            ``(1) In general.--The President, acting through Federal 
        officials designated by the National Contingency Plan under 
        section 107(f)(2), shall issue a regulation for the assessment 
        of restoration damages and assessment costs for injury to, 
        destruction of, or loss of natural resources resulting from a 
        release of a hazardous substance for the purposes of this Act.
            ``(2) Contents.--The regulation under paragraph (1) shall--
                    ``(A) specify protocols for conducting assessments 
                in individual cases to determine the injury, 
                destruction, or loss of baseline ecological services of 
                the environment;
                    ``(B) identify the best available procedures to 
                determine damages for the reasonable cost of 
                restoration and assessment;
                    ``(C) take into consideration the ability of a 
                natural resource to recover naturally and the 
                availability of replacement or alternative resources; 
                and
                    ``(D) specify an appropriate mechanism for the 
                cooperative designation of a single lead decisionmaking 
                trustee at a site where more than one Federal, State, 
                or Indian tribe trustee intends to conduct an 
                assessment, which designation shall occur not later 
                than 180 days after the date of first notice to the 
                responsible parties that a natural resource damage 
                assessment will be made.
            ``(3) Biennial review.--The regulation under paragraph (1) 
        shall be reviewed and revised as appropriate every 2 years.''.
            (2) Interim provision.--Until such time as the regulations 
        issued pursuant to the amendment made by paragraph (1) become 
        effective, the regulations issued under section 301(c) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9651(c)) shall remain in 
        effect and shall be applied, subject to challenge on any 
        ground, in the same manner and to the same extent as if this 
        Act had not been enacted, except to the extent that those 
        regulations are inconsistent with this Act or an amendment made 
        by this Act.

SEC. 703. CONSISTENCY BETWEEN RESPONSE ACTIONS AND RESOURCE RESTORATION 
              STANDARDS AND ALTERNATIVES.

    (a) Restoration Standards and Alternatives.--Section 107(f) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607(f)), as amended by section 701(b)(4), is 
amended by adding at the end the following:
            ``(4) Consistency with response actions.--A restoration 
        standard or restoration alternative selected by a trustee for a 
        facility listed or proposed for listing on the National 
        Priorities List shall not be duplicative of or inconsistent 
        with actions undertaken pursuant to section 104, 106, 121, or 
        129.''.
    (b) Response Actions.--
            (1) Abatement action.--Section 106(a) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9606(a)) is amended by adding at the end the 
        following: ``The President shall not take action under this 
        subsection except such action as is necessary to protect the 
        public health and the baseline ecological services of the 
        environment.''.
            (2) Limitation on degree of cleanup.--Section 121(a) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9621(a)), as amended by 
        section 402(1), is amended by adding at the end the following:
            ``(7) Limitation.--
                    ``(A) In general.--The Administrator shall not 
                select a remedial action under this section that goes 
                beyond the measures necessary to protect human health 
                and the environment and restore the baseline ecological 
                services of the environment.
                    ``(B) Considerations.--In evaluating and selecting 
                remedial actions, the Administrator shall take into 
                account the potential for injury to or destruction or 
                loss of a natural resource resulting from such actions.
                    ``(C) No liability.--No person shall be liable for 
                injury to or destruction or loss of a natural resource 
                resulting from a response action or remedial action 
                selected by the Administrator that is properly 
                implemented without negligence or other improper 
                performance on the part of a potentially responsible 
                party or other person acting at the direction of a 
                potentially responsible party.''.

SEC. 704. MISCELLANEOUS AMENDMENTS.

    Section 113(f)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9613(f)(1)) is 
amended in the third sentence by inserting ``and natural resource 
damages'' after ``costs''.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. RESULT-ORIENTED CLEANUPS.

    (a) Amendment.--Section 105(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (10) the following:
            ``(11) procedures for conducting response actions, 
        including facility evaluations, remedial investigations, 
        feasibility studies, remedial action plans, remedial designs, 
        and remedial actions, which procedures shall--
                    ``(A) use a results-oriented approach to minimize 
                the time required to conduct response measures and 
                reduce the potential for exposure to the hazardous 
                substances, pollutants, and contaminants in an 
                efficient, timely, and cost-effective manner;
                    ``(B) require, at a minimum, expedited facility 
                evaluations and risk assessments, timely negotiation of 
                response action goals, a single engineering study, 
                streamlined oversight of response actions, and 
                consultation with interested parties throughout the 
                response action process;
                    ``(C) be subject to the requirements of sections 
                117, 120, 121, and 129 in the same manner and to the 
                same degree as those sections apply to response 
                actions; and
                    ``(D) be required to be used for each remedial 
                action conducted under this Act unless the 
                Administrator determines that their use would not be 
                cost-effective or result in the selection of a response 
                action that achieves the goals of protecting human 
                health and the environment stated in section 
                121(a)(1)(B).''.
    (b) Amendment of National Hazardous Substance Response Plan.--Not 
later than 180 days after the date of enactment of this Act, the 
Administrator, after notice and opportunity for public comment, shall 
amend the National Hazardous Substance Response Plan under section 
105(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9605(a)) to include the procedures 
required by the amendment made by subsection (a).

SEC. 802. NATIONAL PRIORITIES LIST.

    Section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9605), as amended by 
section 408(a)(1)(B), is amended by adding at the end the following:
    ``(i) National Priorities List.--
            ``(1) Additional vessels and facilities.--
                    ``(A) Limitation.--
                            ``(i) In general.--After the date of the 
                        enactment of this subsection, the President may 
                        add vessels and facilities to the National 
                        Priorities List only in accordance with the 
                        following schedule:
                                    ``(I) Not more than 30 vessels and 
                                facilities in 1996.
                                    ``(II) Not more than 25 vessels and 
                                facilities in 1997.
                                    ``(III) Not more than 20 vessels 
                                and facilities in 1998.
                                    ``(IV) Not more than 20 vessels and 
                                facilities in 1999.
                                    ``(V) Not more than 10 vessels and 
                                facilities in 2000.
                                    ``(VI) Not more than 10 vessels and 
                                facilities in 2001.
                                    ``(VII) Not more than 10 vessels 
                                and facilities in 2002.
                            ``(ii) Relisting.--The relisting of a 
                        vessel or facility under section 
                        135(d)(5)(C)(ii) shall not be considered to be 
                        an addition to the National Priorities List for 
                        purposes of this subsection.
                    ``(B) Prioritization.--The Administrator shall 
                prioritize the vessels and facilities added under 
                subparagraph (A) on a national basis in accordance with 
                the threat to human health and the environment 
                presented by each of the vessels and facilities, 
                respectively.
                    ``(C) State concurrence.--A vessel or facility may 
                be added to the National Priorities List under 
                subparagraph (A) only with the concurrence of the State 
                in which the vessel or facility is located.
            ``(2) Sunset.--
                    ``(A) No additional vessels or facilities.--The 
                authority of the Administrator to add vessels and 
                facilities to the National Priorities List shall expire 
                on December 31, 2002.
                    ``(B) Limitation on action by the administrator.--
                At the completion of response actions for all vessels 
                and facilities on the National Priorities List, the 
                authority of the Administrator under this Act shall be 
                limited to--
                            ``(i) providing a national emergency 
                        response capability;
                            ``(ii) conducting research and development;
                            ``(iii) providing technical assistance; and
                            ``(iv) conducting oversight of grants and 
                        loans to the States.''.

SEC. 803. OBLIGATIONS FROM THE FUND FOR RESPONSE ACTIONS.

    Section 104(c)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(1)) is 
amended--
            (1) in subparagraph (C) by striking ``consistent with the 
        remedial action to be taken'' and inserting ``not inconsistent 
        with any remedial action that has been selected or is 
        anticipated at the time of any removal action at a facility.'';
            (2) by striking ``$2,000,000'' and inserting 
        ``$4,000,000''; and
            (3) by striking ``12 months'' and inserting ``2 years''.

SEC. 804. REMEDIATION WASTE.

    (a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42 
U.S.C. 6903) is amended by adding at the end the following:
            ``(42) Debris.--The term `debris'--
                    ``(A) means--
                            ``(i) a solid manufactured object exceeding 
                        a 60 millimeter particle size;
                            ``(ii) plant or animal matter; and
                            ``(iii) natural geologic material; but
                    ``(B) does not include material that the 
                Administrator may exclude from the meaning of the term 
                by regulation.
            ``(43) Identified characteristic waste.--The term 
        `identified characteristic waste' means a solid waste that has 
        been identified as having the characteristics of hazardous 
        waste under section 3001.
            ``(44) Listed waste.--The term `listed waste' means a solid 
        waste that has been listed as a hazardous waste under section 
        3001.
            ``(45) Media.--The term `media' means ground water, surface 
        water, soil, and sediment.
            ``(46) Remediation activity.--The term `remediation 
        activity' means the remediation, removal, containment, or 
        stabilization of--
                    ``(A) solid waste that has been released to the 
                environment; or
                    ``(B) media and debris that are contaminated as a 
                result of a release.
            ``(47) Remediation waste.--The term `remediation waste' 
        means--
                    ``(A) solid and hazardous waste that is generated 
                by a remediation activity; and
                    ``(B) debris and media that are generated by a 
                remediation activity and contain a listed waste or 
                identified characteristic waste.
            ``(48) State voluntary remediation program.--The term 
        `State voluntary remediation program' means a program 
        established by a State that permits a person to conduct 
        remediation activity at a facility under general guidance or 
        guidelines without being subject to a State order or consent 
        agreement specifically applicable to the person.''.
    (b) Identification and Listing.--Section 3001 of the Solid Waste 
Disposal Act (42 U.S.C. 6921) is amended by adding at the end the 
following:
    ``(j) Remediation Waste.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        person that manages remediation waste that is an identified 
        characteristic waste or listed waste or that contains an 
        identified characteristic waste or listed waste shall be 
        subject to the requirements of this subtitle (including 
        regulations issued under this subtitle, including the 
        regulation for corrective action management units published in 
        section 264.552, Code of Federal Regulations, and the 
        regulation for temporary units published in section 264.553, 
        Code of Federal Regulations, or any successor regulation).
            ``(2) Exceptions.--
                    ``(A) Requirements under section 3004.--Media and 
                debris generated by a remediation activity that are 
                identified characteristic wastes or listed wastes or 
                that contain an identified characteristic waste or a 
                listed waste shall not be subject to the requirements 
                of section 3004 (d), (e), (f), (g), (j), (m), or (o).
                    ``(B) Permit requirements.--No Federal, State, or 
                local permit shall be required for the treatment, 
                storage, or disposal of remediation waste that is 
                conducted entirely at the facility at which the 
                remediation takes place.
            ``(3) Remediation waste subject to orders, consent 
        agreements, voluntary remediation programs, and other 
        mechanisms.--
                    ``(A) Requirements not applicable.--Notwithstanding 
                paragraph (1), a person that manages remediation waste 
                that--
                            ``(i) is identified characteristic waste or 
                        listed waste or that contains an identified 
                        characteristic waste or listed waste; and
                            ``(ii) is subject to a Federal or State 
                        order, Federal or State consent agreement, a 
                        State voluntary remediation program, or such 
                        other mechanism as the Administrator considers 
                        appropriate,
        shall not be subject to the requirements of this subtitle 
        (including any regulation under this subsection) unless the 
        requirements are specified in the Federal or State order, 
        Federal or State consent agreement, State voluntary cleanup 
        program, or other mechanism, as determined by the 
        Administrator.
                    ``(B) Enforcement.--Unless other enforcement 
                procedures are specified in the order, consent 
                agreement, or other mechanism, a person described in 
                subparagraph (A) (except a person that manages 
                remediation waste under a State voluntary remediation 
                program) shall be subject to enforcement of the 
                requirements of the order, consent agreement, or other 
                mechanism by use of enforcement procedures under 
                section 3008.''.
    (c) Regulation.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue a regulation 
implementing section 3001(j) of the Solid Waste Disposal Act, as added 
by subsection (b).

                           TITLE IX--FUNDING

                     Subtitle A--General Provisions

SEC. 901. AUTHORIZATION OF APPROPRIATIONS FROM THE FUND.

    Section 111(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) is amended 
in the first sentence by striking ``not more than $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 ``a total of $8,500,000,000 for 
fiscal years 1996, 1997, 1998, 1999, and 2000''.

SEC. 902. ORPHAN SHARE FUNDING.

    Section 111(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)), as amended 
by section 301(c), is amended by inserting after paragraph (8) the 
following:
            ``(9) Orphan share funding.--Payment of orphan shares under 
        section 132.''.

SEC. 903. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended by 
striking subsection (m) and inserting the following:
    ``(m) Health Authorities.--There are authorized to be appropriated 
from the Fund to the Secretary of Health and Human Services to be used 
for the purposes of carrying out the activities described in subsection 
(c)(4) and the activities described in section 104(i), $50,000,000 for 
each of fiscal years 1996, 1997, 1998, 1999, and 2000. Funds 
appropriated under this subsection for a fiscal year, but not obligated 
by the end of the fiscal year, shall be returned to the Fund.''.

SEC. 904. LIMITATIONS ON RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
              PROGRAMS.

    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended by 
striking subsection (n) and inserting the following:
    ``(n) Limitations on Research, Development, and Demonstration 
Programs.--
            ``(1) Alternative or innovative technologies research, 
        development, and demonstration programs.--
                    ``(A) Limitation.--For each of fiscal years 1996, 
                1997, 1998, 1999, and 2000, not more than $20,000,000 
                of the amounts available in the Fund may be used for 
                the purposes of carrying out the applied research, 
                development, and demonstration program for alternative 
                or innovative technologies and training program 
                authorized under section 311(b) other than basic 
                research.
                    ``(B) Continuing availability.--Such amounts shall 
                remain available until expended.
            ``(2) Hazardous substance research, demonstration, and 
        training.--
                    ``(A) Limitation.--For each of fiscal years 1996, 
                1997, 1998, 1999, and 2000 not more than $20,000,000 of 
                the amounts available in the Fund may be used for the 
                purposes of section 311(a).
                    ``(B) Further limitation.--No more than 10 percent 
                of such amounts shall be used for training under 
                section 311(a) for any fiscal year.
            ``(3) University hazardous substance research centers.--For 
        each of fiscal years 1996, 1997, 1998, 1999, and 2000, not more 
        than $5,000,000 of the amounts available in the Fund may be 
        used for the purposes of section 311(d).''.

SEC. 905. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

    Section 111(p) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(p)) is amended 
by striking paragraph (1) and inserting the following:
            ``(1) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated, out of any money in the Treasury not 
                otherwise appropriated, to the Hazardous Substance 
                Superfund--
                            ``(i) for fiscal year 1996, $250,000,000;
                            ``(ii) for fiscal year 1997, $250,000,000;
                            ``(iii) for fiscal year 1998, $250,000,000;
                            ``(iv) for fiscal year 1999, $250,000,000; 
                        and
                            ``(v) for fiscal year 2000, $250,000,000.
                    ``(B) Additional amounts.--There is authorized to 
                be appropriated to the Hazardous Substance Superfund 
for each such fiscal year an amount, in addition to the amount 
authorized by subparagraph (A), equal to so much of the aggregate 
amount authorized to be appropriated under this subsection and section 
9507(b) of the Internal Revenue Code of 1986 as has not been 
appropriated before the beginning of the fiscal year.''.

SEC. 906. ADDITIONAL LIMITATIONS.

    Section 111 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended by 
adding at the end the following:
    ``(q) Qualifying State Voluntary Response Program.--For each of 
fiscal years 1996, 1997, 1998, 1999, and 2000, not more than 
$25,000,000 of the amounts available in the Fund may be used for the 
purposes of subsection (a)(7) (relating to qualifying State voluntary 
response programs).
    ``(r) Brownfield Cleanup Assistance.--For each of fiscal years 1996 
through 2000, not more than $15,000,000 of the amounts available in the 
Fund may be used to carry out section 134(b).
    ``(s) Community Response Organization.--For the period commencing 
October 1, 1995, and ending September 30, 2000, not more than 
$15,000,000 of the amounts available in the Fund may be used to make 
grants under section 117(f) (relating to Community Response 
Organizations).
    ``(t) Recoveries.--Effective beginning October 1, 1995, any 
response cost recoveries collected by the United States under this Act 
shall be credited as offsetting collections to the Superfund 
appropriations account.''.

SEC. 907. REIMBURSEMENT OF POTENTIALLY RESPONSIBLE PARTIES.

    Section 111(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)), as amended 
by section 902, is amended by inserting after paragraph (9) the 
following:
            ``(10) Reimbursement of potentially responsible parties.--
        If--
                    ``(A) a potentially responsible party and the 
                Administrator enter into a settlement under this Act 
                under which the Administrator is reimbursed for the 
                response costs of the Administrator; and
                    ``(B) the Administrator determines, through a 
                Federal audit of response costs, that the costs for 
                which the Administrator is reimbursed--
                            ``(i) are unallowable due to contractor 
                        fraud;
                            ``(ii) are unallowable under the Federal 
                        Acquisition Regulation; or
                            ``(iii) should be adjusted due to routine 
                        contract and Environmental Protection Agency 
                        response cost audit procedures,
        a potentially responsible party may be reimbursed for those 
        costs.''.