[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1285 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1285

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 29 (legislative day, September 25), 1995

  Mr. Smith (for himself, Mr. Chafee, Mr. Inhofe, Mr. Kempthorne, Mr. 
 Faircloth, Mr. Bond, Mr. Thomas, Mr. McConnell, Mr. Warner, Mr. Lott, 
and Mr. Gregg) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Accelerated 
Cleanup and Environmental Restoration Act of 1995''.
    (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 cleanup assistance.
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 remedial action 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 ALLOCATIONS

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

Sec. 601. Transfer of authorities.
Sec. 602. Department of Energy environmental cleanup requirements.
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--
                    ``(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 a 
                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; and
                    ``(C) serve as a representative of the local 
                community during the remedial action planning and 
                implementation process.
            ``(3) Consultation.--The Administrator shall consult with a 
        community response organization in the preparation of a 
        remedial action plan for a facility.
            ``(4) 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.
            ``(5) Participation by epa, the state, and potentially 
        responsible parties.--Representatives of the Administrator, the 
        State, and the potentially responsible parties shall be given 
        reasonable notice and opportunity to participate in the 
        community response organization activities and meetings and 
        shall periodically report to the community response 
        organization on preparation of the remedial action plan.
            ``(6) Community response organization input.--
                    ``(A) Communication of information; solicitation of 
                views.--The Administrator, (and if the remedial action 
                plan is being prepared or implemented by a party other 
                than the Administrator, the other party) shall keep the 
                community response organization informed of progress 
                and solicit the views of the community response 
                organization during 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.
            ``(7) 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.--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.
            ``(8) 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 
                select members of 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 
                        actively practicing in the community.
                            ``(iv) Representatives of local Indian 
                        tribes or Indian communities, if such tribes or 
                        communities may be adversely affected.
                            ``(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) Workers employed at the facility 
                        during facility operation, if readily 
                        available.
                            ``(viii) The owner or operator of the 
                        facility and other potentially responsible 
                        parties who represent, if practicable, a 
                        balance of such parties' interests.
                            ``(ix) 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.
            ``(9) Participation by government representatives.--
        Representatives of the Administrator, the Administrator of the 
        Agency for Toxic Substances and Disease Registry, 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.
            ``(10) Administrative support.--The Administrator shall 
        provide administrative services and meeting facilities for 
        community response organizations.
            ``(11) 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 that have been 
        proposed for listing but are not yet listed on the National 
        Priorities List 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 one-eighth 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.--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 an 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 
                citizen group, 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) facility evaluation;
                            ``(iii) a proposed remedial action plan and 
                        final remedial design for a facility;
                            ``(iv) response actions carried out at the 
                        facility; and
                            ``(v) 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 shall hire technical experts 
                and other experts 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 any other person (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 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 
                study, the Administrator 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 study 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 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, the Administrator shall, to the maximum extent 
                practicable, allow for public participation consistent 
                with paragraph (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 
                        inspection 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 and is not under 
                the jurisdiction, custody, or control of 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 Secretary 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.--On application by a State, 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 has adequate legal 
                authority, financial and personnel resources, 
                organization, and expertise to perform the requested 
                delegable authority.
            ``(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 any other State, 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.--
                            ``(i) In general.--A disapproval of a 
                        resubmitted application shall be subject to 
                        judicial review under section 113(b).
                            ``(ii) Standard of review.--In a proceeding 
                        on review of a disapproval of a resubmitted 
                        application, the court shall, notwithstanding 
                        section 706(2)(E) of title 5, United States 
                        Code, hold unlawful and set aside actions, 
                        findings, and conclusions found to be 
                        unsupported by substantial evidence.
            ``(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.--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.
            ``(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.--
                    ``(A) In general.--An order that is issued under 
                section 106 by a delegated State with respect to a 
                delegated facility shall be subject to judicial review 
                under section 113(b).
                    ``(B) Standard of review.--In a proceeding on 
                review of an order under subparagraph (A), the court 
                shall, notwithstanding section 706(2)(E) of title 5, 
                United States Code, hold unlawful and set aside 
                actions, findings, and conclusions found to be 
                unsupported by substantial evidence.
            ``(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 the Solid 
                        Waste Disposal Act (42 U.S.C. 6901 et seq.); or
                            ``(iii) if the State is a comprehensive 
                        delegation State with respect to the facility.
                    ``(B) Effect of delisting.--A delisting under 
                subparagraph (A)(iii) shall not affect--
                            ``(i) the authority or responsibility of 
                        the State to complete remedial action and 
                        operation and maintenance; or
                            ``(ii) the eligibility of the State for 
                        funding under this Act.
                    ``(C) No relisting.--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).
            ``(6) Cost recovery.--
                    ``(A) Deposit in fund.--Any response costs 
                recovered from a responsible party by a delegated State 
                for a delegated facility under section 107 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 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.
                            ``(ii) No further action.--If the 
                        Administrator takes action against a 
                        potentially responsible party under section 
                        107, the delegated State may not take any other 
                        action for recovery of response costs 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) Withholding of further funds; civil action.--
                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 from 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 (b)(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.--
                            ``(i) In general.--A decision of the 
                        Administrator to withdraw a delegation of 
                        authority shall be subject to judicial review 
                        under section 113(b).
                            ``(ii) Standard of review.--In a proceeding 
                        on review of a decision by the Administrator to 
                        withdraw a delegation of authority, the court 
                        shall, notwithstanding section 706(2)(E) of 
                        title 5, United States Code, hold unlawful and 
                        set aside actions, findings, and conclusions 
                        found to be unsupported by substantial 
                        evidence.
            ``(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), the President, the 
        Administrator, and the Attorney General shall not take any 
        action under section 104, 106, 107, 109, 121, or 122 with 
        respect to a delegated facility.
    ``(f) Funding.--
            ``(1) In general.--The Administrator shall provide grants 
        to 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.
            ``(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) Non-facility-specific grants.--
                    ``(A) In general.--The costs described in paragraph 
                (1)(A)(ii) shall be funded through non-facility-
                specific grants under this paragraph.
                    ``(B) Formula.--The Administrator shall establish a 
                formula under which funds available for non-facility-
                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 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.--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--
                    ``(A) a certification that the State has used the 
                funds in accordance with the requirements of this Act; 
                and
                    ``(B) information describing the manner in which 
                the State used the funds.
    ``(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.
            ``(3) Prohibition.--The President shall not take any action 
        under section 106 at a non-National Priorities List 
        facility.''.
    (b) 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).''.
    (c) Relationship to Other Laws.--
            (1) In general.--Section 114 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9614) is amended--
                    (A) by striking subsection (a); and
                    (B) by redesignating subsections (b), (c), and (d) 
                as subsections (a), (b), and (c), respectively.
            (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) 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 that are 
        adequate to ensure that--
                    ``(A) voluntary response actions are protective of 
                human health and the environment and are conducted in 
                accordance with an appropriate response action plan; 
                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.''.

SEC. 302. BROWNFIELD CLEANUP ASSISTANCE.

    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 CLEANUP ASSISTANCE

    ``(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 or at any time 
                contained abandoned or underused commercial or 
                industrial property, 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 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; and
                    ``(D) an Indian tribe.
    ``(b) Brownfield Cleanup Assistance 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; and
                    ``(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.
            ``(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;
                    ``(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, modifying, 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 (B) 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 any 
        law imposing strict liability 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.--If a Federal agency or 
        State environmental agency is required to take response due to 
        the failure of a subsequent purchaser to carry out in good 
        faith an agreement described in paragraph (a)(1)(C)(iii), the 
        subsequent purchaser shall reimburse the Federal or State 
        environmental agency for the costs of the response action. Any 
        such reimbursement shall not 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.--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;
            ``(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) In general.--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 the person did not cause, contribute, or consent to the 
        release or threatened release.
            ``(2) 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(b), 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 
                        Secretary 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 include 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) Consideration of 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) Consideration of 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 at the time of the 
                initiation of the facility evaluation; 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 has 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 ground water use 
                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) 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 
                        practicability of the remedial action from an 
                        engineering perspective.
            ``(2) Technical impracticability and unreasonable cost.--
                    ``(A) Minimization of risk.--If the Administrator 
                finds that achieving the goals stated in paragraph 
                (1)(B), is technically impracticable 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 minimizes the risk to human health 
                and the environment by 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 
                ground water that is suitable for use as drinking water 
                by humans or livestock 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) Legally applicable requirements.--A remedial action 
        shall not be required to attain any standard that, without 
        regard to this paragraph, would be legally applicable under any 
        other Federal or State law, except that in the case of a 
        removal or remedial action involving the transfer of hazardous 
        waste off-site, that hazardous waste may be transferred only to 
        a facility that is permitted to treat, store, or dispose such 
        waste under section 3005 of the Solid Waste Disposal Act (42 
        U.S.C. 6925) or, if applicable, the Toxic Substances Control 
        Act (15 U.S.C. 2601 et seq.).
            ``(6) 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 redesignating subsection (e) as subsection (c); and
            (4) by redesignating subsection (f) as subsection (d).

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.
    ``(e) Determination of Actual or Planned or Reasonably Anticipated 
Future Use of the Land and Water Resources.--The Administrator shall 
determine the actual or planned or reasonably anticipated future use of 
the land and water resources at a facility by consulting the community 
response organization, facility owners and operators, potentially 
responsible parties, elected municipal and county officials, and other 
persons.

``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 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 facility evaluation, proposed 
                remedial action plan, and final remedial design shall 
                be subject to review, comment, and approval by the 
                Administrator.
                    ``(D) 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--
                            ``(i) will achieve the goals stated in 
                        section 121(a)(1)(B); or
                            ``(ii) satisfies the requirements of 
                        section 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 the 
                preparer of the 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.
            ``(4) Facility evaluation.--
                    ``(A) In general.--The Administrator 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) request that the preparer submit a 
                        revised facility evaluation within a reasonable 
                        period of time.
            ``(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, and that persons may request 
                that the Administrator hold a public hearing.
                    ``(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 may 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 subsection (b); and
                                    ``(II) achieves the goals stated in 
                                section 121(a)(1)(B).
                            ``(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.
            ``(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, or in a case in which the Administrator 
                is preparing the remedial action plan, completed by, 
                the Administrator.
                    ``(B) Publication.--After receipt (or completion) 
                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 (or completion) 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 identify with specificity any deficiencies in the 
                submission and allow the preparer submitting a remedial 
                design a reasonable time to submit a revised remedial 
                design.
    ``(c) Judicial Review.--Notwithstanding any other provision of this 
Act or any other law, an approval or disapproval of a remedial action 
plan the implementation of which is projected to cost more than 
$15,000,000 shall be final action of the Administrator subject to 
judicial review in United States district court.
    ``(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 so notify the implementing party and 
        require the implementing party to--
                    ``(A) comply with the terms of the remedial action 
                plan; or
                    ``(B) submit a notice for modifying the plan,
        at the option of the implementing party.
            ``(2) Failure to comply.--If the implementing party fails 
        to either comply with the plan or submit a proposed 
        modification, the Administrator may pursue all appropriate 
        enforcement pursuant to this Act.
    ``(e) Modifications to Remedial Action Plan.--
            ``(1) By the administrator.--
                    ``(A) In general.--If the Administrator proposes a 
                modification to the plan, the Administrator shall 
                demonstrate that the modification constitutes the most 
                cost-effective remedial action that is technologically 
                feasible, is not unreasonably costly, and achieves the 
                goals of protecting human health and the environment 
                stated in section 121(a)(1)(B).
                    ``(B) Notice and comment.--The Administrator shall 
                provide the implementing party and the community 
                response organization at least 30 days' advance notice 
and opportunity to comment on any such proposed modification.
            ``(2) By the implementing party.--An implementing party 
        that proposes a minor modification to or clarification of a 
        remedial action plan shall, at least 10 days prior to the 
        proposed implementation of the modification or clarification, 
        submit to the Administrator and to the community response 
        organization a description of the proposed modification or 
        clarification and documentation showing that the proposed 
        modification or clarification will not cause the remedial 
        action to fail to achieve the goals of section 121(a)(1)(B).''.

SEC. 405. COMPLETION OF REMEDIAL ACTION 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 REMEDIAL ACTION AND DELISTING.

    ``(a) In General.--
            ``(1) Proposed notice of completion and proposed 
        delisting.--Not later than 60 days after the completion of a 
        remedial action by the Administrator, 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) Comments.--The public shall be provided 30 days in 
        which to submit comments on the notice of completion and 
        proposed delisting.
            ``(3) 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.
            ``(4) Failure to act.--If the Administrator fails to 
        publish a notice of withdrawal within the 60-day period 
        described in paragraph (3)--
                    ``(A) the remedial action plan shall be deemed to 
                have been completed; and
                    ``(B) the facility shall be delisted by operation 
                of law.
            ``(5) 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; or
                    ``(B) the obligation of any person to provide 
                continued operation and maintenance.
    ``(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) Release From Liability.--
            ``(1) Facility available for unrestricted use.--If, after 
        completion of remedial action, 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 meet the goals stated in section 121(a)(1)(B) considering 
        the actual or planned or reasonably anticipated future use of 
        the land and water resources.
            ``(2) Facility not available for unrestricted use.--If, 
        after completion of remedial action, a facility is not 
        available for unrestricted 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 
                meet the goals of section 121(a)(1) (B), (C), and (D) 
                considering the actual or planned or reasonably 
                anticipated future use of the land and water resources 
                contemplated in the remedial action plan.
            ``(3) Facilities available for restricted use.--The 
        Administrator may determine that a facility or portion of a 
        facility is available for restricted use while remediation 
        response actions are under way. The Administrator shall make 
available for use any uncontaminated portions of the facility where 
such uses would not interfere with ongoing operations and maintenance 
activities or endanger human health or the environment.
            ``(4) 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).
    ``(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 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 meet the goals stated in section 
        121(a)(1)(B), 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 270 days after the date on which 
        notice of the election is given.
    ``(b) Construction Not Begun.--
            ``(1) Determination.--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 Administrator or the State 
        shall, at the request of the implementer of the record of 
        decision, conduct an expedited review to determine whether the 
        application of section 127 would be likely to result in the 
        selection of a less costly remedial action that achieves the 
        goals of protecting human health and the environment stated in 
        section 121(a)(1)(B).
            ``(2) Default.--Section 127 shall apply to a facility or 
        operable unit in accordance with a request under paragraph (1) 
        unless the Administrator or the State, prior to the date that 
        is 90 days after the date on which the request is made, 
        publishes a written finding that the application of section 127 
        would not be likely to result in the selection of a less costly 
        remedial action that achieves the goals of protecting human 
        health and the environment stated in section 121(a)(1)(B).
    ``(c) Additional Construction.--
            ``(1) In general.--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 
        Administrator or the State shall, at the request of the 
        implementer of the record of decision, conduct an expedited 
        review to determine whether the application of section 127 
        would be likely to result in the selection of a remedial action 
        that--
                    ``(A) achieves a cost saving of at least 10 percent 
                over the life of the remedial action, including any 
                long-term operation and maintenance, compared to the 
                remedial action originally selected; and
                    ``(B) achieves the goals of protecting human health 
                and the environment stated in section 121(a)(1)(B).
            ``(2) Default.--Section 127 shall apply to a facility or 
        operable unit in accordance with a request under paragraph (1) 
        unless the Administrator or the State, prior to the date that 
        is 90 days after the date on which the request is made, 
        publishes a written finding that the application of section 127 
        would not be likely to result in the selection of a remedial 
        action that achieves a cost saving of at least 10 percent over 
        the life of the remedial and achieves the goals of protecting 
        human health and the environment stated in section 
        121(a)(1)(B).
    ``(d) Mediation of Disputes.--A dispute over the implementation of 
this section or over a written finding under subsection (b)(2) or 
(c)(2) shall be referred to mediation on an expedited basis without 
penalty to any person.''.

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 site on the National 
        Priority 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 the ground water is in 
        use as a public drinking water supply or was in such use at the 
        time of the release.''; 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 ALLOCATIONS

SEC. 501. ALLOCATION OF LIABILITY FOR MULTIPARTY 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 MULTIPARTY FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) 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).
            ``(2) Allocator.--The term `allocator' means an allocator 
        retained to conduct an allocation for a facility under 
        subsection (f)(1).
            ``(3) Mandatory allocation facility.--The term `mandatory 
        allocation facility' means--
                    ``(A) a non-federally owned vessel or facility 
                listed on the National Priorities List for which the 
                Administrator has approved a record of decision or a 
                remedial action plan on or after June 15, 1995;
                    ``(B) a federally owned facility listed on the 
                National Priorities List for which the Administrator 
                has approved a record of decision or a remedial action 
                plan on or after June 15, 1995, if 1 or more of the 
                potentially responsible parties with respect to the 
                facility is not a department, agency, or 
                instrumentality of the United States;
                    ``(C) a non-federally owned vessel or facility 
                listed on the National Priorities List for which the 
                Administrator has approved a record of decision prior 
                to June 15, 1995, if the construction or the operation 
                and maintenance in accordance with the record of 
                decision has continued after June 15, 1995; or
                    ``(D) a federally owned facility listed on the 
                National Priorities List for which the Administrator 
                has approved a record of decision prior to June 15, 
                1995, and 1 or more of the potentially responsible 
                parties is not a department, agency, or instrumentality 
                of the United States and the construction or the 
                operation and maintenance in accordance with the record 
                of decision has continued after June 15, 1995.
    ``(b) Allocations of Liability.--
            ``(1) Mandatory allocations.--For each mandatory allocation 
        facility involving 2 or more potentially responsible parties, 
        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 facility 
        identified under subsection (a)(3) (C) or (D) or (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--
                            ``(i) a response action at a mandatory 
                        allocation facility for which there was in 
                        effect as of June 15, 1995, a final settlement, 
                        decree, or order that determines the liability 
                        and allocated shares of all potentially 
                        responsible parties with respect to the 
                        response action; or
                            ``(ii) a facility with respect to which 
                        none of the potentially responsible parties is 
                        liable or potentially liable under section 
                        107(a)(1) (C) or (D).
                    ``(B) Conduct prior to december 11, 1980.--
                            ``(i) In general.--For any mandatory 
                        allocation facility that is otherwise excluded 
                        by subparagraph (A), an allocation process 
                        shall be conducted for the sole purpose of 
                        determining the percentage share of 
                        responsibility attributable to activity of each 
                        potentially responsible party prior to December 
                        11, 1980.
                            ``(ii) Purpose.--The determination made 
                        under clause (i) shall be used only to 
                        determine the availability of the environmental 
                        response expenditures credit under section 
                        38(b)(12) of the Internal Revenue Code of 1986.
            ``(6) Scope of allocations.--Subject to paragraph (5), an 
        allocation under this section shall apply to--
                    ``(A) the cost of any response action selected by 
                the Administrator after June 15, 1995, for a mandatory 
                allocation facility described in subsection (a)(3) (A) 
                or (B);
                    ``(B) the cost of construction and operation and 
                maintenance incurred at a mandatory allocation facility 
                after June 15, 1995, in accordance with a record of 
                decision approved by the Administrator before June 15, 
                1995; and
                    ``(C) the cost of any response action incurred by a 
                potentially responsible party at a facility that is the 
                subject of a requested allocation or permissive 
                allocation process under subsection (b) (2) or (3).
            ``(7) 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 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)(5) or, if a second 
        or subsequent report is issued under subsection (r), 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)(5) or, if a second or subsequent 
        report is issued under subsection (r), 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)(5), or of a second or 
                subsequent report under subsection (r).
            ``(4) Later actions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Administrator shall not issue any 
                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), or for which the Administrator has 
                initiated the allocation process under this section, 
                until the date that is 180 days after the date of 
                issuance of a report by the allocator under subsection 
                (j)(5) or of a second or subsequent report under 
                subsection (r).
                    ``(B) Emergencies.--Subparagraph (A) does not 
                preclude an order requiring the performance of a 
                removal action that is necessary to address an 
                emergency situation at a facility.
            ``(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; or
                    ``(C) file a proof of claim or take other action in 
                a proceeding under title 11, United States Code.
    ``(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.--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, the Administrative Conference of the United 
                States, 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) 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.
    ``(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 potentially liable under section 107.
            ``(4) De micromis parties.--
                    ``(A) Identification.--Not later than 120 days 
                after the filing of the initial list of parties under 
                subsection (d)(5)(A), the allocator shall issue a list 
                identifying all de micromis parties with respect to the 
                facility based on an evaluation of all evidence 
                received at the time of the issuance of the list with 
                respect to the amount of hazardous substances 
                contributed by potentially responsible parties.
                    ``(B) Notification.--The allocator shall notify 
                each de micromis party of its inclusion on the list 
                under subparagraph (A) not later than 20 days after the 
                date of issuance of the list.
                    ``(C) Exemption from liability.--A person that is 
                named on the list under subparagraph (A) shall have no 
                liability to the United States or to any other person 
                (including liability for contribution), under Federal 
                or State law, for a response action or for any past, 
                present, or future cost incurred at the facility for a 
                release identified in the facility evaluation under 
                section 129(b)(4) if the person takes no other action 
                after being included on the list that would give rise 
                to a separate basis for liability under this Act.
    ``(h) Federal, State, and Local Agencies.--
            ``(1) In general.--Notwithstanding any other law, 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 (r), 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 potentially 
        responsible 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) 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.--In a case in which the 
                expected response costs are relatively low and the 
                number of potentially responsible parties is relatively 
                small, 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 shall be comprised of percentage 
                shares of responsibility stated separately for activity 
                prior to December 11, 1980, and activity on or after 
                December 11, 1980.
                    ``(C) Tax-exempt parties.--Of the percentage share 
                of a potentially responsible party that is a State, 
                political subdivision of a State, an agency or 
                instrumentality of a State or political subdivision, or 
                is an organization that is exempt from tax imposed by 
                chapter 1 of the Internal Revenue Code of 1986 (unless 
                the organization is subject to the tax imposed by 511 
                of the Internal Revenue Code of 1986) for activity 
                prior to December 11, 1980, that would be allocated to 
                that party but for this subparagraph--
                            ``(i) 50 percent shall be allocated to that 
                        party; and
                            ``(ii) 50 percent shall be allocated to the 
                        orphan share under subsection (l).
    ``(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 allocated under subsection 
                (j)(6)(C)(ii); 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 person is eligible for an 
                        expedited settlement with the United States 
                        under section 122 based on de minimis 
                        contributions of hazardous substances to a 
                        facility;
                            ``(iii) the liability of the person for the 
                        response action is limited or reduced by any 
                        provision of this Act; or
                            ``(iv) the person settled with the United 
                        States before the completion of the allocation.
            ``(3) Unattributable shares.--A share attributed to a 
        hazardous substance that the allocator cannot attribute to any 
        identified party shall be distributed among the allocation 
        parties and the orphan share.
    ``(m) De Minimis Settlements.--
            ``(1) Identification.--As part of the allocation report 
        under subsection (j)(6), or at any time before the issuance of 
        the allocation report, the allocator shall issue a list 
        identifying all potentially responsible parties with respect to 
        the facility whose allocated share of liability is determined 
        to be 1.0 percent or less.
            ``(2) Settlement offer.--
                    ``(A) Offer by the administrator.--Not later than 
                90 days after the date of issuance of the allocation 
                report under subsection (j)(6) or the date of issuance 
                of the list of de minimis parties under paragraph (1), 
                whichever is earlier, the Administrator shall make a 
                firm written offer of settlement to all de minimis 
                parties.
                    ``(B) Amount.--The amount of the settlement offer 
                for a de minimis party--
                            ``(i) shall be stated in dollars, not a 
                        percentage share of the cleanup costs; and
                            ``(ii) shall be based on the 
                        Administrator's estimate of the total cleanup 
                        cost at the facility multiplied by the de 
                        minimis party's allocated share, as determined 
                        by the allocator.
                    ``(C) Single estimate and premium.--All settlement 
                offers by the Administrator to de minimis parties at a 
                facility shall be based on the same estimate of cleanup 
                costs and the same premium.
                    ``(D) No judicial review.--A settlement offer under 
                this paragraph is not subject to judicial review.
            ``(3) Acceptance.--
                    ``(A) Deadline.--A de minimis party may accept or 
                decline a settlement offer, but any acceptance of the 
                offer shall be made within 60 days after receipt of the 
                offer.
                    ``(B) Resolution of liability.--A de minimis party 
                that accepts the offer may resolve the party's 
                liability to the United States by paying the amount of 
                the offer to the Hazardous Substance Superfund 
                established under subparagraph (A) of chapter 98 of the 
                Internal Revenue Code of 1986.
                    ``(C) No reopening.--Settlement under this 
                subsection may not be reopened after payment is made 
                except on the ground of fraud.
            ``(4) No further liability.--A de minimis party that 
        accepts a settlement offer and pays the amount of the offer 
        shall have no other liability, under Federal or State law, to 
        any person for a response action or for any past, present, or 
        future costs incurred at the facility for a release identified 
        in the facility evaluation under section 129(b)(4) if the de 
        minimis party takes no other actions after making the payment 
        that would give rise to a separate basis for liability of the 
        de minimis party under this Act.
            ``(5) Application of proceeds.--
                    ``(A) Proceeds representing allocated shares.--All 
                proceeds from a de minimis settlement under this 
                subsection that represent the allocated share of a de 
                minimis party for a facility shall be held by the 
                Administrator for timely payment directly to the person 
                performing the response action at the facility.
                    ``(B) Excess amounts.--Any amounts of a settlement 
                remaining in the Fund after completion of the response 
                action shall be available for other authorized uses.
    ``(n) 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.
    ``(o) 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 (n)(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 (n) 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.
    ``(p) 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 (r) or (w) 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.
    ``(q) 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 a 
        de minimis or other 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) Standard of review.--In a proceeding on review of a 
        rejection of an allocation report under subparagraph (3), the 
        court shall, notwithstanding section 706(2)(E) of title 5, 
        United States Code, hold unlawful and set aside actions, 
        findings, and conclusions found to be unsupported by 
        substantial evidence.
            ``(5) 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.
    ``(r) Second and Subsequent Allocations.--
            ``(1) In general.--If a report is rejected under subsection 
        (q), 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 (q) is 
        unqualified to serve.
    ``(s) 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 (q), any allocation party with respect to a 
        mandatory allocation facility 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 (t) 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 action.
    ``(t) Funding of Orphan Shares.--
            ``(1) Reimbursement.--For each settlement agreement entered 
        into under subsection (s), and for each administrative order 
        that satisfies the requirements of subsection (u), 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.
    ``(u) Administrative Order Reimbursement.--
            ``(1) In general.--An allocation party that is ordered to 
        perform, and does perform, 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 (q).
            ``(2) 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.
            ``(3) Terms and conditions.--
                    ``(A) Risk premium.--A reimbursement shall be 
                reduced by the amount of the litigation risk premium 
                under subsection (s)(4) 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.
    ``(v) Post-Settlement Litigation.--
            ``(1) In general.--Subject to subsections (r) and (s), 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 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 (s) or (u).
    ``(w) 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.
    ``(x) 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.''.

SEC. 502. 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, under any other Federal or 
        State law''; and
            (2) in paragraph (2)--
                    (A) by striking ``Paragraph (1)'' and inserting the 
                following:
                    ``(A) In general.--Paragraph (1)''; and
                    (B) by adding at the end the following:
                    ``(B) Standard.--Conduct under subparagraph (A) 
                shall be evaluated based on the generally accepted 
                standards and practices in effect at the time and place 
                at which the conduct occurred.
                    ``(C) Plan.--An activity performed in accordance 
                with a plan that was approved by the Administrator 
                shall not be considered to constitute negligence under 
                subparagraph (A).''.
    (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 Negligence.--Subsection (a)(1) and 
subsection (h) shall not apply in determining the liability of a 
response action contractor if the State has enacted, after the date of 
enactment of this subsection, a statute of repose determining the 
liability of a response action contractor.''.

SEC. 503. 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. 504. CONTRIBUTION PROTECTION.

    (a) No Liability for Cost Recovery After Settlement.--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''.
    (b) Definitions.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), as 
amended by section 401, is amended by adding at the end the following:
            ``(48) 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).
            ``(49) De micromis party.--The term `de micromis party' 
        means a potentially responsible party that is a generator or 
        transporter that contributed not more than 200 pounds or not 
        more than 110 gallons of material containing hazardous 
        substances at a facility, or such greater or lesser amount as 
        the Administrator may determine by regulation.
            ``(50) De minimis party.--The term `de minimis party' means 
        a liable party whose assigned share of liability is determined 
        to be 1.0 percent or less in an allocation report under section 
        132.
            ``(51) Orphan share.--The term `orphan share' means the 
        total of the allocated shares determined by the allocator under 
        section 132(l).

SEC. 505. 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:
    ``(r) 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. 506. 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. 507. 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:
    ``(s) 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 section 
                120.
                    ``(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 owned or operated by any department, agency, or 
        instrumentality of the United States (including the executive, 
        legislative, and judicial branches of government) located in 
        the State.
            ``(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 
                        determine the manner in which those authorities 
                        are implemented.
                    ``(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 activity 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 (8).
            ``(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) In general.--A disapproval of a resubmitted 
                application shall be subject to judicial review under 
                section 113(b).
                    ``(B) Standard of review.--In a proceeding on 
                review of a disapproval of a resubmitted application, 
                the court shall, notwithstanding section 706(2)(E) of 
                title 5, United States Code, hold unlawful and set 
                aside actions, findings, and conclusions found to be 
                unsupported by substantial evidence.
            ``(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 Federal standards (including 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 agreements.--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.
                    ``(B) Enforcement.--
                            ``(i) In general.--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 in the United States 
                        district court for the district in which the 
                        facility is located.
                            ``(ii) Remedies.--The district court shall 
                        have the jurisdiction to--
                                    ``(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, in accordance 
                                with section 113(j).
            ``(12) Community participation.--If, prior to June 15, 
        1995, 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 `response action 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), (5), and (6), 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), 
                (7), (8), (9), (10), or (11) or (f).''.

SEC. 602. DEPARTMENT OF ENERGY ENVIRONMENTAL CLEANUP REQUIREMENTS.

    (a) Definitions.--In this section:
            (1) Civil or criminal sanction.--The term ``civil or 
        criminal sanction'' means a fine, penalty, imprisonment, a 
        requirement to pay damages or costs, the imposition of 
        equitable relief against a person, and the application of any 
        other remedy authorized by law.
            (2) Department of energy environmental cleanup 
        requirement.--The term ``Department of Energy environmental 
        cleanup requirement''--
                    (A) means a requirement imposed on the Secretary of 
                Energy--
                            (i) to carry out a response action under 
                        the Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.);
                            (ii) to take corrective action under 
                        section 3004 (u) or (v) or section 3008(h) of 
                        the Solid Waste Disposal Act (42 U.S.C. 6924 
                        (u), (v));
                            (iii) to conduct closure activity under 
                        section 3004 or 3005 of the Solid Waste 
                        Disposal Act (42 U.S.C. 6924, 6925);
                            (iv) relating to storage of mixed waste 
                        under section 3004(j) of the Solid Waste 
                        Disposal Act (42 U.S.C. 6924(j));
                            (v) for treatment of mixed waste under 
                        section 3021 of the Solid Waste Disposal Act 
                        (42 U.S.C. 6939c);
                            (vi) with respect to the storage of mixed 
                        waste in a storage facility that does not meet 
                        other storage requirements imposed under the 
                        Solid Waste Disposal Act (42 U.S.C. 6901 et 
                        seq.), if--
                                    (I) the facility commenced 
                                operation prior to October 6, 1992;
                                    (II) the storage does not result in 
                                any release of mixed waste to the 
                                environment, or any direct, immediate, 
                                and significant danger to human health 
                                or the environment.
                            (vii) under comparable provisions of State 
                        and local laws; or
                            (viii) under a permit or order issued by, 
                        or an agreement with a Federal, State, or local 
                        agency relating to a requirement described in 
                        clause (i), (ii), (iii), (iv), (v), (vi), 
                        (vii), or (viii); but
                    (B) does not include--
                            (i) a reporting requirement imposed by 
                        section 103 of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9603); or
                            (ii) except as provided in subparagraph 
                        (A)(iii), a requirement with respect to the 
                        treatment, storage, disposal, or transportation 
                        of hazardous waste generated by a response 
                        action under the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.) or by a 
                        corrective action or closure under the Solid 
                        Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (b) Lists.--
            (1) Initial list.--Not later than 120 days after the date 
        of enactment of this Act, the Secretary of Energy, after 
        providing appropriate Federal, State, and local agencies 
        reasonable notice and an opportunity for comment, shall submit 
        to Congress a list identifying by State and facility the 
        specific Department of Energy environmental cleanup 
        requirements that cannot be carried out with the funds 
        appropriated specifically for the Department's environmental 
        management activities under the Energy and Water Development 
        Appropriations Act, 1996, or the Department of Defense 
        Appropriations Act, 1996.
            (2) Annual lists.--
                    (A) Submission to the president.--For fiscal year 
                1997 and each fiscal year thereafter, the Secretary of 
                Energy, after providing appropriate Federal, State, and 
                local agencies reasonable notice and an opportunity for 
                comment, shall--
                            (i) provide to the President--
                                    (I) information concerning the 
                                budget necessary to meet all Department 
                                of Energy environmental management 
                                requirements, including Department of 
                                Energy environmental cleanup 
                                requirements; and
                                    (II) a list of the Department of 
                                Energy environmental cleanup 
                                requirements that cannot be met 
                                (including information about the nature 
                                and cost of each requirement and the 
                                locations of each affected facility) 
                                within the Department's budget request 
                                for environmental management activities 
                                for that fiscal year;
                            (ii) advise the President of the factors 
                        taken into account in formulating the list; and
                            (iii) a summary of comments on the list 
                        received by the Secretary of Energy from 
                        Federal, State, and local agencies.
                    (B) Inclusion in budget request.--After considering 
                information provided by the Secretary of Energy, the 
                President shall submit to Congress with the President's 
                annual budget request under section 1105 of title 31, 
                United States Code--
                            (i) information concerning the budget 
                        necessary to meet all Department of Energy 
                        environmental management requirements, 
                        including Department of Energy environmental 
                        cleanup requirements;
                            (ii) a list of the Department of Energy 
                        environmental cleanup requirements that cannot 
                        be met (including information about the nature 
                        and cost of each requirement and the locations 
                        of each affected facility) within the 
                        Department's budget request for environmental 
                        management activities for that fiscal year; and
                            (iii) a summary of comments on the list 
                        received by the Secretary of Energy from 
                        Federal, State, and local agencies.
            (3) Comments on cost reduction.--During the comment period 
        on a list under paragraph (1) or (2), the Secretary of Energy 
        shall seek comments of appropriate Federal, State, and local 
        agencies concerning opportunities for cost reduction in meeting 
        cleanup requirements, risk reduction, community concerns and 
        other factors relevant to setting priorities for cleanup 
        activities.
            (4) Revision of lists.--
                    (A) In general.--Beginning with fiscal year 1997, 
                after funds for the Department of Energy's 
                environmental management activities have been 
                appropriated for a fiscal year, the Secretary of 
                Energy, after providing appropriate Federal, State, and 
                local agencies reasonable notice and an additional 
                opportunity for comment, shall revise the list of the 
                Department of Energy environmental cleanup requirements 
                submitted to Congress to reflect any differences 
                between the President's budget request and the funds 
                appropriated specifically to carry out such activities 
                and shall submit the revised list to Congress within 60 
                days.
                    (B) No further revision.--After a revised list is 
                submitted to Congress, it shall not be subject to 
                further revision.
    (c) Civil or Criminal Sanctions.--
            (1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other law, no action seeking to impose 
        civil or criminal sanctions under any law may be commenced at 
        any time against--
                    (A) the United States or any department, agency, or 
                instrumentality of the United States;
                    (B) any employee or officer of the United States or 
                of any department, agency, or instrumentality of the 
                United States; or
                    (C) any person who is a contractor, subcontractor, 
                or agent of the Department of Energy, or any employee, 
                officer, shareholder, partner, or director of such a 
                person acting in accordance with the person's 
                authority,
        with respect to a failure to comply with a Department of Energy 
        environmental cleanup requirement by reason of a lack of funds 
        appropriated specifically for the Department of Energy 
        environmental management activities during a fiscal year for 
        which such cleanup requirement was on a list under subsection 
        (c).
            (2) Permitted actions.--This subsection does not prohibit 
        an action against the United States or any department, agency, 
        or instrumentality of the United States--
                    (A) with respect to a violation of a Department of 
                Energy environmental cleanup requirement contained in a 
                compliance agreement with a Federal, State, or local 
                agency or order that the Department of Energy 
                voluntarily accepted in writing after January 1, 1995, 
                if the action seeks only civil penalties stipulated in 
                the agreement or order, or injunctive relief enforcing 
                the agreement or order;
                    (B) if injunctive relief is sought on the basis 
                that such relief is necessary to avoid a direct, 
                immediate, and significant danger to human health or 
                the environment; or
                    (C) if monetary damages are sought to compensate a 
                person for an actual injury or loss to the extent that 
                such an action is allowed by other law.
    (d) Judicial Review.--A decision made by the President or the 
Secretary of Energy in preparing a list under subsection (c) shall not 
be subject to judicial review.

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(d) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(d)) is 
amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) Preliminary assessments.--Not later'';
            (2) by striking ``Following such'' and inserting the 
        following:
            ``(2) Evaluation and placement on national priorities 
        list.--Following such'';
            (3) by striking ``(1) evaluate'' and inserting the 
        following:
                    ``(A) evaluate'';
            (4) by striking ``(2) include'' and inserting the 
        following:
                    ``(B) include'';
            (5) by striking ``Such criteria'' and inserting the 
        following:
            ``(3) Application of criteria.--The criteria for 
        determining priorities'';
            (6) by striking ``Evaluation'' and inserting the following:
            ``(4) Completion.--Evaluation'';
            (7) by striking ``Upon'' and inserting the following:
            ``(5) Petitions by governors.--On''; and
            (8) by adding at the end the following:
            ``(6) Uncontaminated properties.--On identification of 
        parcels of uncontaminated property under subsection (h)(4), the 
        Administrator 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 land holding 
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--
            (1) by striking paragraph (16) and inserting the following:
            ``(16) Natural resource.--
                    ``(A) In general.--The term `natural resource' 
                means land, fish, wildlife, biota, air, water, ground 
                water, a drinking water supply, and any similar 
                resource that is committed for use by the general 
                public and is owned or managed by, appertains to, is 
                held in trust by, or is otherwise controlled by the 
                United States (including a resource of the fishery 
                conservation zone established by the Magnuson Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.)), by a State or local government, by a foreign 
                government, by an Indian tribe, or, if such a resource 
                is subject to a trust restriction on alienation, by a 
                member of an Indian tribe.
                    ``(B) Commitment for use.--A resource shall be 
                considered to be committed for use by the general 
                public only if, at the time of the act of disposal 
                giving rise to liability (as limited by section 
                107(f)(1)(B)), the resource is subject to a public use 
                or to a planned public use, for which there is an 
                authorized and documented legal, administrative, 
                budgetary, or financial commitment.''; and
            (2) 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)''; and
                    (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. Any sums recovered by 
                the United States, a State, or an Indian tribe shall be 
                placed in an escrow account. Such sums may be released 
                from the escrow account only for the purpose of 
                contributing to restoration activities carried out in 
                accordance with specific activities or accounts set 
                forth in a restoration plan approved by the United 
                States, a State, or an Indian tribe. The restoration 
                plan may be revised as necessary to account for new 
                information or extenuating circumstances on approval of 
                the trustee and relevant responsible parties or on 
                approval by a United States district court. The trustee 
                shall issue a public notice and hold a public hearing 
                every 2 years after approval of the restoration plan 
                and issue a report describing how the sums have been 
                expended in accordance with the restoration plan. Any 
                sums expended by the United States, a State, or an 
                Indian tribe that are not expended in accordance with 
                the restoration plan may be recovered by the persons 
                from whom the sums were collected.''; 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 of this section of 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 entirely prior to 
                                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.''.
    (d) Amount of Damages.--Section 107(c) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(c)) is amended--
                    (A) by striking ``paragraph (2) of this 
                subsection,'' and inserting ``paragraph (2), and 
                subject to the limitation stated in paragraph (4),''; 
                and
                    (B) in subparagraph (D) by inserting ``, as limited 
                by paragraph (4)'' before the period at the end; and
            (2) by adding at the end the following:
            ``(4) Limitation.--Except as provided in paragraph (2), the 
        aggregate liability of all responsible parties for costs of 
        compensatory restoration incurred as a result of a release or 
        releases of hazardous substances from an incineration vessel or 
        a facility or group of facilities (including those that 
        constitute part or all of 1 or more facilities listed on the 
        national priorities list under section 105(a)(8)(B)) shall not 
        exceed--
                    ``(A) $25,000,000; or
                    ``(B) if the costs of compensatory compensation 
                exceed $100,000,000, $50,000,000.''.

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 or section 311 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1321) made by 
                        a Federal, State, or tribal trustee shall be 
                        performed 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 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.
                    ``(D) Judicial review.--
                            ``(i) Liability.--In reviewing a claim 
                        brought by a trustee to recover natural 
                        resource damages costs of compensatory 
                        restoration or primary restoration under this 
                        section, a district court shall try de novo the 
                        issue whether a defendant is liable and the 
                        issue of the amount of liability, if any, to be 
                        imposed on the defendant.
                            ``(ii) Trustee decisions.--In reviewing a 
                        claim brought to challenge a decision of a 
                        trustee (such as a decision concerning the 
                        extent of injury to or loss or destruction of a 
                        natural resource or the selection of a 
                        restoration plan) the district court, 
                        notwithstanding section 706(2)(E) of title 5, 
                        United States Code, shall hold unlawful and set 
                        aside actions, findings, and conclusions found 
                        to be unsupported by substantial evidence.''.
    (b) 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 oil or a hazardous substance for the purposes of 
        this Act and section 311(f) (4) and (5) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321(f) (4), (5)).
            ``(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.''.

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 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 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, destruction of, or 
                loss of a natural resource resulting from such actions.
                    ``(C) No liability.--No person shall be liable for 
                injury to, destruction of, or loss of a natural 
                resource resulting from a response action or remedial 
                action selected by the Administrator.''.

SEC. 704. MISCELLANEOUS AMENDMENTS.

    (a) Contribution.--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''.
    (b) Statute of Limitations.--Section 113(g)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9613(g)(1)) is amended--
            (1) by striking the first sentence and inserting the 
        following:
                    ``(A) In general.--Except as provided in paragraphs 
                (3) and (4), no action for damages under this Act may 
                be commenced unless the action is commenced within 3 
                years after the earlier of--
                            ``(i) the date on which the trustee agency 
                        knew or should have known of the injury, 
                        destruction, or loss; or
                            ``(ii) the date on which the vessel or 
                        facility is proposed for listing on the 
                        National Priorities List.'';
            (2) by striking ``With respect to'' and inserting the 
        following:
                    ``(B) Listed facilities.--With respect to'';
            (3) in subparagraph (B), as designated by paragraph (2), by 
        striking ``within'' and all that follows through the end of the 
        subparagraph and inserting ``by the earlier of--
                    ``(i) the date referred to in subparagraph (A); or
                    ``(ii) the date that is 3 years after the date of 
                completion of the remedial action (excluding operation 
                and maintenance activities).'';
            (4) in the third sentence--
                    (A) by striking ``In no event'' and inserting the 
                following:
                    ``(C) Limitation.--
                            ``(i) In general.--In no event'';
                    (B) by striking ``commenced (i) prior'' and 
                inserting ``commenced--
                                    ``(I) prior''; and
                    (C) by striking ``suit, or (ii) before'' and 
                inserting ``suit; or
                                    ``(II) before''; and
            (5) by striking ``The limitation in the preceding sentence 
        and inserting the following:
                            ``(ii) Application.--The limitation stated 
                        in clause (i)''.

                       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.--During each of the 3 12-month 
                periods following the date of enactment of this 
                subsection, the Administrator may add not more than 30 
                new vessels and facilities to the National Priorities 
                List.
                    ``(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 the date that is 3 years after the date of enactment 
                of this subsection.
                    ``(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 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) (relating to Citizen 
Information and Access Offices).
    ``(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 
recoveries collected pursuant to 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,
                reimbursement of a potentially responsible party for 
                those costs.''.
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