[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2727 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2727

 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to reauthorize and reform the Superfund program, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 23, 1997

 Mr. Boehlert introduced the following bill; which was referred to the 
      Committee on Commerce, and in addition to the Committees on 
Transportation and Infrastructure, and Ways and Means, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to reauthorize and reform the Superfund program, 
                        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 ``Superfund 
Acceleration, Fairness, and Efficiency Act''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Comprehensive Environmental Response, 
                            Compensation, and Liability Act of 1980.
Sec. 3. Effective date.
         TITLE I--REMEDY SELECTION AND ENVIRONMENTAL STANDARDS

Sec. 101. General rules and objectives.
Sec. 102. Remedy selection.
Sec. 103. Site review requirement.
Sec. 104. Human health and environmental standards.
Sec. 105. Early evaluation and phased remedial action.
Sec. 106. Generic remedies.
Sec. 107. Hazardous substance property use.
Sec. 108. Risk assessment standards.
Sec. 109. Remedy review.
Sec. 110. Remedy updates.
Sec. 111. Remedy defined.
           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

Sec. 201. Definitions.
Sec. 202. Improving citizen and community participation in 
                            decisionmaking.
Sec. 203. Additional public involvement requirements.
Sec. 204. Superfund site information offices; publication requirement.
Sec. 205. Technical assistance grants.
Sec. 206. Understandable presentation of materials.
Sec. 207. Public participation in removal actions.
Sec. 208. Community advisory groups.
Sec. 209. Community study.
                        Subtitle B--Human Health

Sec. 221. Public health authorities.
Sec. 222. Indian health provisions.
Sec. 223. Hazard ranking system.
Sec. 224. Facility scoring.
                      TITLE III--LIABILITY REFORM

Sec. 301. Amendments to section 104.
Sec. 302. Amendments to section 106.
Sec. 303. Amendments to section 107(a).
Sec. 304. Innocent parties.
Sec. 305. Liability relief for small businesses and de minimis parties.
Sec. 306. Amendments to section 113.
Sec. 307. Liability of response action contractors.
Sec. 308. Amendments to section 122.
Sec. 309. Clarification of liability for recycling transactions.
Sec. 310. Allocation.
Sec. 311. Transition rules.
                  TITLE IV--BROWNFIELDS REVITALIZATION

Sec. 401. Brownfields.
Sec. 402. Assistance for State response programs.
Sec. 403. Enforcement in cases of a release subject to a State plan.
                          TITLE V--STATE ROLE

Sec. 501. State delegation at NPL facilities.
Sec. 502. State authorization at NPL facilities.
Sec. 503. Federal funding of State actions under State delegation or 
                            State authorization.
Sec. 504. Transfer of authorities.
Sec. 505. State cost share.
Sec. 506. Additions to National Priorities List.
Sec. 507. State and local reimbursement for response actions.
Sec. 508. State role at Federal facilities.
                  TITLE VI--NATURAL RESOURCES DAMAGES

Sec. 601. Natural resources defined.
Sec. 602. Consultation with natural resources trustees.
Sec. 603. Liability.
Sec. 604. Designation of trustees.
Sec. 605. Determination of causation.
Sec. 606. Measure of damages.
Sec. 607. Damage assessments.
Sec. 608. Process for determining damages.
Sec. 609. Selection of restoration alternatives.
Sec. 610. Use of sums recovered by trustees.
Sec. 611. Relation to other laws; damages occurring before December 11, 
                            1980.
Sec. 612. Restoration.
Sec. 613. Recovery by foreign claimants.
Sec. 614. Applicability.
                        TITLE VII--OIL POLLUTION

Sec. 701. Natural resources defined.
Sec. 702. Liability.
Sec. 703. Designation of lead decisionmaking trustee.
Sec. 704. Selection of restoration alternatives.
Sec. 705. Measure of damages.
Sec. 706. Damage assessments.
Sec. 707. Process for determining damages.
Sec. 708. Restoration.
Sec. 709. Applicability.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Trust fund defined.
Sec. 802. Indian tribes.
Sec. 803. Grants for training and education of workers.
                           TITLE IX--FUNDING

    Subtitle A--Expenditures From the Hazardous Substance Superfund

Sec. 901. Expenditures from the Hazardous Substance Superfund.
Sec. 902. Authorization of appropriations from general revenues.
     Subtitle B--5-Year Extension of Hazardous Substance Superfund

Sec. 911. 5-year extension of Hazardous Substance Superfund.

SEC. 2. AMENDMENTS TO COMPREHENSIVE ENVIRONMENTAL RESPONSE, 
              COMPENSATION, AND LIABILITY ACT OF 1980.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.).

SEC. 3. EFFECTIVE DATE.

    Except as otherwise specifically provided, this Act, and the 
amendments made by this Act, shall become effective on the date of the 
enactment of this Act.

         TITLE I--REMEDY SELECTION AND ENVIRONMENTAL STANDARDS

SEC. 101. GENERAL RULES AND OBJECTIVES.

    Section 121(a) (42 U.S.C. 9621(a)) is amended--
            (1) by striking ``(a)'' and all that follows through ``The 
        President'' and inserting the following:
    ``(a) General Rules and Objectives.--
            ``(1) General rules.--Final remedies selected under this 
        Act shall protect human health and the environment, and shall 
        provide long-term reliability at reasonable cost. The 
        President'';
            (2) by adding at the end the following:
            ``(2) Objectives.--The objectives of remedial actions taken 
        under this Act shall be to make contaminated property available 
        for beneficial use, to protect uncontaminated water resources, 
        and to return contaminated water resources to beneficial uses 
        in a period of time that is reasonable given the particular 
        circumstances of the release.''; and
            (3) by aligning the text of paragraph (1) of such section, 
        as designated by paragraph (1) of this section, with the text 
        of paragraph (2) of such section, as added by paragraph (2) of 
        this section.

SEC. 102. REMEDY SELECTION.

    Section 121(b) (42 U.S.C. 9621(b) is amended to read as follows:
    ``(b) Remedy Selection.--
            ``(1) Methods of remediation.--A remedial action may 
        achieve protection of human health and the environment 
        through--
                    ``(A) treatment that reduces the toxicity, 
                mobility, or volume of hazardous substances, 
                pollutants, or contaminants;
                    ``(B) natural attenuation;
                    ``(C) containment or other engineering controls to 
                limit exposure or release;
                    ``(D) removal of the contaminated media;
                    ``(E) a combination of treatment, containment, and 
                removal; or
                    ``(F) other methods of protection.
            ``(2) Protective remedies.--The President shall identify 
        appropriate remedial options, including options with a 
        treatment component, that are designed to meet the standards 
        set forth in this section within a reasonable period of time 
        and considering reasonable points of compliance.
            ``(3) Balancing factors.--The President shall determine the 
        appropriate remedial action by balancing the following factors:
                    ``(A) The effectiveness of a remedy in protecting 
                human health and the environment, including 
                consideration of highly exposed or especially 
                susceptible subpopulations.
                    ``(B) The reliability of a remedy in maintaining 
                protection of human health and the environment over the 
                long term.
                    ``(C) The effectiveness of a remedy in meeting the 
                objectives set forth in subsection (a)(2).
                    ``(D) Risks to the affected community, to those 
                engaged in the remedial effort, and to the environment 
                arising from the implementation of a remedy, including 
                any component of a remedy that requires offsite 
                transportation and subsequent management of the 
                hazardous substances.
                    ``(E) The implementability of a remedy.
                    ``(F) The acceptability of a remedy to the affected 
                community.
                    ``(G) The reasonableness of the cost of a remedy.
            ``(4) Consideration of treatment as a component of a 
        remedy.--
                    ``(A) In general.--In balancing factors under 
                paragraph (3) and determining the appropriate remedial 
                action, the President shall give preference to remedies 
                that include a treatment component for discrete areas 
                within a facility that contain--
                            ``(i) high concentrations of highly toxic 
                        substances that present such a substantial 
                        inherent threat to human health or the 
                        environment that it would be imprudent to rely 
                        solely on remedies that do not include such a 
                        treatment component; or
                            ``(ii) high concentrations of toxic 
                        substances that, due to the mobility of such 
                        substances or other characteristics, cannot be 
                        controlled reliably through engineered barriers 
                        and therefore could present a substantial 
                        threat to human health or the environment if 
                        such substances are not treated.
                    ``(B) Selection of a remedy without a treatment 
                component.--In the case of a facility with discrete 
                areas containing toxic substances described in clause 
                (i) or (ii) of subparagraph (A), if the President 
                selects a remedy that does not include a treatment 
                component for such discrete areas, the President shall 
                publish an explanation of why such treatment component 
                was not included in the remedy.
            ``(5) Alternative remedial actions.--The President may 
        select an alternative remedial action meeting the requirements 
        of this section whether or not such action has been achieved in 
        practice at any other facility or site that has similar 
        characteristics. In making such a selection, the President may 
        take into account the degree of support for such remedial 
action by parties interested in such site.
            ``(6) Institutional controls.--
                    ``(A) Use and implementation.--In any case in which 
                the President selects a remedial action that allows 
                hazardous substances to remain on-site at a facility 
                above concentration levels that would be protective for 
                unrestricted use, the President--
                            ``(i) shall include, as an integral 
                        component of the remedy, restrictions on the 
                        use of land, water, or other resources 
                        necessary to provide long-term protection of 
                        human health and the environment;
                            ``(ii) shall not determine the remedy to be 
                        complete until a mechanism is established to 
                        ensure ongoing monitoring and operation and 
                        maintenance of the remedy;
                            ``(iii) shall not determine the remedy to 
                        be complete until any necessary institutional 
                        controls are implemented and subject to 
                        appropriate monitoring and enforcement; and
                            ``(iv) shall ensure that any necessary 
                        institutional controls remain in effect as long 
                        as necessary to protect human health and the 
                        environment.
                    ``(B) Restrictions on use.--The President may use 
                institutional controls as a supplement to, but not as a 
                substitute for, other response measures at a facility, 
                except in extraordinary circumstances.
                    ``(C) Notice.--Whenever the President selects, in 
                accordance with subparagraph (A), a remedy at a 
                facility that relies on institutional controls as an 
                integral component of the remedy, the President shall--
                            ``(i) clearly specify in the record of 
                        decision the anticipated restrictions on uses 
                        of land, water, or other resources or 
                        activities at the facility and the terms of 
                        anticipated institutional controls to implement 
                        those restrictions;
                            ``(ii) specify such restrictions and 
                        controls in all other appropriate remedy 
                        decision documents and other public information 
                        regarding the site, along with identification 
                        of the unit of government primarily responsible 
                        for monitoring and enforcement of the 
                        institutional controls;
                            ``(iii) provide public notice of such 
                        controls and, in the case of a deed 
                        restriction, easement, or other similar 
                        measure, incorporate the measure in the public 
                        land records for the jurisdiction in which the 
                        affected property is located; and
                            ``(iv) undertake any change in the nature 
                        or form of institutional controls at the 
                        facility in a manner consistent with section 
                        117 and give notice pursuant to the 
                        requirements of section 104.
                    ``(D) Registry.--The President shall maintain a 
                registry of restrictions on the use of land, water, or 
                other resources through institutional controls that are 
                included in final records of decision as an integral 
                component of the remedy at facilities that are, or have 
                been, on the National Priorities List. The registry 
                shall identify the property and the nature or form of 
                the institution controls, including any subsequent 
                changes in the nature or form of such controls.
                    ``(E) Annual report.--On March 1, 1999, and 
                annually thereafter, the Administrator shall transmit 
                to the Committee on Commerce and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Environment and 
                Public Works of the Senate a report on each record of 
                decision signed during the previous fiscal year, the 
                type of institutional controls and media affected, and 
                the institution designated to monitor, enforce, and 
                ensure compliance with the institutional controls.''.

SEC. 103. SITE REVIEW REQUIREMENT.

    Section 121(c) (42 U.S.C. 9621(c)) is amended--
            (1) in the first sentence--
                    (A) by inserting after ``remedial action'' the 
                second time it appears the following: ``, including 
                public health recommendations and decisions resulting 
                from activities under section 104(i),''; and
                    (B) by striking ``the initiation of'' and inserting 
                ``construction and installation of equipment and 
                structures to be used for''; and
            (2) by inserting after the first sentence the following: 
        ``The President shall review the effectiveness of and 
        compliance with any institutional controls related to the 
        remedial action during the review.''.

SEC. 104. HUMAN HEALTH AND ENVIRONMENTAL STANDARDS.

    Section 121(d) (42 U.S.C. 9621(d)) is amended to read as follows:
    ``(d) Human Health and Environmental Standards.--
            ``(1) Human health risk assessment.--
                    ``(A) In general.--To determine what is protective 
                of human health, the President shall conduct a site-
                specific human health risk assessment that meets the 
                requirements set forth in section 127(a).
                    ``(B) Basis of exposure assessments.--A risk 
                assessment conducted under subparagraph (A) shall base 
                exposure assessments on the reasonably anticipated uses 
                of land and water identified under paragraph (3).
                    ``(C) Inclusion of certain information.--In a case 
                in which reliable information is made available to the 
                President on actual ingestion of, inhalation of, or 
                dermal contact with hazardous substances, pollutants, 
                or contaminants or blood lead levels at or near the 
                site, the President shall include such information, 
                along with other relevant information, in the 
                assessment.
            ``(2) Ecological risk assessment.--
                    ``(A) In general.--To determine what is protective 
                of the environment, the President shall conduct a site-
                specific ecological risk assessment that meets the 
                requirements set forth in section 127(a).
                    ``(B) Basis of determinations on risks to plants 
                and animals.--A risk assessment conducted under 
                subparagraph (A) shall base determinations of what is 
                protective of plants and animals on the significance of 
                direct, indirect, or potential impacts from a release 
                or threatened release of hazardous substances from a 
                facility to the local ecosystem, communities of plants 
                and animals, or populations of plants and animals. If a 
                species is listed as threatened or endangered under the 
                Endangered Species Act (16 U.S.C. 1531 et seq.), 
                impacts to individual plants or animals shall be 
                considered impacts to populations of such plants or 
                animals.
            ``(3) Reasonably anticipated uses of land and water.--
                    ``(A) Land uses.--Remedies selected under this 
                section shall take into account the reasonably 
                anticipated beneficial uses of land at a facility and, 
                to the extent appropriate, of nearby property. 
                Assumptions regarding such uses shall be used in the 
                development and evaluation of remedial alternatives. 
                The Administrator shall develop assumptions regarding 
                such reasonably anticipated beneficial uses and the 
                timing of such uses, considering the following factors:
                            ``(i) The view of elected local government 
                        officials.
                            ``(ii) The current land use zoning, future 
                        land use plans of the local government with 
                        land use regulatory authority, and water 
                        management plans.
                            ``(iii) Views of the affected community, 
                        giving substantial weight to any consensus 
                        recommendations by a Community Advisory Group 
                        established under section 117(h) or, as 
                        appropriate, a restoration or site-specific 
                        advisory board.
                            ``(iv) The land use history of the facility 
                        and surrounding properties, the current land 
                        uses of the facility and surrounding 
                        properties, recent development patterns in the 
                        area where the facility is located, and 
                        population projections for the areas.
                            ``(v) Federal or State land use 
                        designations, including national park 
                        designations, State ground water or surface 
                        water recharge area designations established 
                        under a State's comprehensive protection plan 
                        for ground water and surface water, and 
                        recreational area designations.
                            ``(vi) The potential for beneficial use.
                            ``(vii) The proximity of the contamination 
                        to residences, sensitive ecosystems, natural 
                        resources, or areas of unique or cultural 
                        significance.
                            ``(viii) Current plans for the future use 
                        of the facility by the property owner or 
                        owners.
                            ``(ix) Navigational or transportation uses 
                        that may be affected by the facility.
                            ``(x) Any additional factors the 
                        Administrator considers appropriate.
                    ``(B) Ground water uses.--Remedies selected under 
                this section shall take into account the reasonably 
                anticipated beneficial uses of ground water that are or 
                may be impacted by releases or threatened releases from 
the facility and the timing of such uses. Assumptions regarding such 
uses shall be used in the development and evaluation of remedial 
alternatives. The Administrator shall develop assumptions regarding 
reasonably anticipated beneficial uses of such ground water as follows:
                            ``(i) If a State has a comprehensive State 
                        ground water protection program that has 
                        provisions for making site-specific 
                        determinations of use and timing of use and 
                        that has received a written endorsement by the 
                        Administrator, the Administrator shall base 
                        such assumptions on State determinations of use 
                        and timing of use that are based on such 
                        program.
                            ``(ii) If a State does not have a ground 
                        water protection program referred to in clause 
                        (i), or if interstate ground water resources 
                        may be affected by the release or threatened 
                        release and the affected States do not agree on 
                        the reasonably anticipated beneficial uses of 
                        the interstate ground water, the Administrator 
                        shall determine the reasonably anticipated 
                        beneficial uses of ground water potentially 
                        impacted by releases from the facility 
                        following extensive consultation with the 
                        affected States and consideration of relevant 
                        factors, including, as appropriate, the 
                        availability of alternative water supplies and 
                        the current and anticipated uses planned by 
                        local water suppliers.
                            ``(iii) In a State where there has not been 
                        a comprehensive Statewide evaluation of ground 
                        water uses, the Administrator shall begin the 
                        determination of the reasonably anticipated 
                        beneficial use of ground water with the 
                        presumption that ground water within an aquifer 
                        that is classified as a drinking water aquifer 
                        is reasonably anticipated to be used as 
                        drinking water. Such presumption may be 
                        overcome through site-specific information 
                        identified during the analysis of relevant 
                        factors under clause (ii).
                            ``(iv) A current or reasonably anticipated 
                        beneficial use of ground water shall not be 
                        identified as drinking water if--
                                    ``(I) the ground water contains 
                                more than 10,000 milligrams per liter 
                                total dissolved solids;
                                    ``(II) the ground water is so 
                                contaminated by naturally occurring 
                                conditions or by the effects of broad-
                                scale human activity unrelated to a 
                                specific activity that restoration to 
                                drinking water quality is 
                                impracticable; or
                                    ``(III) the potential source of 
                                drinking water is physically incapable 
                                of yielding a quantity of 150 gallons 
                                per day of water to a well or spring 
                                without adverse environmental 
                                consequences, unless available 
                                information indicates that such source 
                                is used as a source of drinking water.
                    ``(C) Administrative record.--All information 
                considered by the Administrator in evaluating current 
                and reasonably anticipated beneficial land and ground 
                water uses under this paragraph shall be included in 
                the administrative record under section 113(k).
            ``(4) Other applicable requirements.--
                    ``(A) Hazardous substances remaining on site.--With 
                respect to any hazardous substance, pollutant, or 
                contaminant that will remain onsite, a remedial action, 
                at completion, shall comply with the substantive 
                requirements of any promulgated standard, requirement, 
                criterion, or limitation that is applicable to the 
                conduct or operation of the remedial action, and shall 
                at least attain any promulgated protective 
                concentration levels applicable to determining the 
                level of cleanup for remedial actions, under--
                            ``(i) a Federal environmental or facility 
                        siting law that is legally applicable to the 
                        hazardous substance, pollutant, or contaminant 
                        concerned; or
                            ``(ii) a State environmental or facility 
                        siting law that is legally applicable to the 
                        hazardous substance, pollutant, or contaminant 
                        concerned, and is--
                                    ``(I) identified in a timely manner 
                                to the President by the State as 
                                applicable at the facility to the 
                                proposed remedial alternative;
                                    ``(II) of general applicability; 
                                and
                                    ``(III) consistently applied to 
                                response actions in the State, whether 
                                conducted under this Act or other 
                                authorities, including any State 
                                response program.
                The President shall closely examine whether a 
                requirement is of general applicability under clause 
                (ii)(II) if, in practice, the requirement only applies 
                to 1 facility in the State or if the requirement only 
                applies to facilities owned or operated by the United 
                States.
                    ``(B) Drinking water protection standards.--If, as 
                determined under paragraph (3)(B), the reasonably 
                anticipated beneficial use of ground water is drinking 
                water, final remedies selected under this Act shall 
                require a level or standard of control which meets 
                maximum contaminant levels established under the Safe 
                Drinking Water Act at reasonable points of compliance, 
                as determined by the Administrator, considering the 
                nature and timing of such use of the ground water.
                    ``(C) Surface water protection standards.--To the 
                extent technically practicable, final remedies selected 
                under this Act shall prevent impairment of any 
                designated use of surface water established under 
                section 303 of the Federal Water Pollution Control Act 
                caused by hazardous substances, pollutants, or 
                contaminants from ground water contaminated by releases 
                from the facility in any surface water body into which 
                such contaminated ground water is known or expected to 
                enter.
                    ``(D) Ground water protection standards.--To the 
                extent technically practicable, final remedies selected 
                under this Act shall ensure that uncontaminated ground 
                water is protected from contamination unless--
                            ``(i) the remedial action includes natural 
                        attenuation as a component to facilitate 
                        restoration of ground water to beneficial use 
                        within a period of time that is reasonable 
                        given the particular circumstances of the 
                        release;
                            ``(ii) an alternative concentration limit 
                        has been adopted under paragraph (5); or
                            ``(iii) the ground water has no beneficial 
                        use.
                    ``(E) Human ingestion or exposure.--Final remedies 
                selected under this Act shall prevent or eliminate, at 
                a minimum, any actual human ingestion or exposure to 
                drinking water containing any hazardous substances, 
                pollutants, or contaminants at levels in excess of the 
                levels specified in subparagraph (B), including, as 
                appropriate, the provision of an alternative water 
                supply.
                    ``(F) Exclusions.--The standards, requirements, 
                criteria, and limitations referred to in subparagraph 
                (A) shall not include--
                            ``(i) any requirement with respect to the 
                        return, replacement, or disposal of 
                        contaminated media, residuals, or other solid 
                        waste or contaminated media into the same 
                        medium in or very near existing areas of 
                        contamination on site; or
                            ``(ii) any requirement for a reduction in 
                        concentrations of contaminants below background 
                        levels.
                    ``(G) Waivers.--The President may select a remedial 
                action meeting the requirements of subsection (a)(1) 
                that does not attain a standard, requirement, 
                criterion, or limitation set forth in subparagraphs (A) 
                through (D), if the President finds any of the 
                following:
                            ``(i) The remedial action selected is only 
                        part of a total remedial action that will 
                        attain such level or standard of control when 
                        completed.
                            ``(ii) Compliance with such standard, 
                        requirement, criterion, or limitation at the 
                        facility will result in greater risk to human 
                        health and the environment than alternative 
                        options.
                            ``(iii) Compliance with such standard, 
                        requirement, criterion, or limitation is 
                        technically impracticable from an engineering 
                        perspective. Findings of technical 
                        impracticability from an engineering 
                        perspective may be based on engineering 
                        feasibility and reliability or inordinate costs 
                        and may be made as soon as adequate and 
                        reliable information is available to make the 
                        finding.
                            ``(iv) The remedial action selected will 
                        attain a standard of performance that is 
                        equivalent to that required under such 
                        standard, requirement, criterion, or limitation 
                        through use of another method or approach.
                            ``(v) In the case of a remedial action to 
                        be undertaken solely under section 104 using 
                        the Fund, selection of a remedial action that 
                        attains such standard, requirement, criterion, 
                        or limitation will not provide a balance 
                        between--
                                    ``(I) the need for protection of 
                                public health and welfare and the 
                                environment at the facility under 
                                consideration; and
                                    ``(II) the availability of amounts 
                                from the Fund to respond to other sites 
                                which present or may present a threat 
                                to public health or welfare or the 
                                environment, taking into consideration 
                                the relative immediacy of such threats.
                            ``(vi) Compliance with such standard, 
                        requirement, criterion, or limitation at the 
                        facility will result in less protection of 
                        human health or the environment than 
                        alternative options.
                The President shall publish such findings, together 
                with an explanation and appropriate documentation.
            ``(5) Process for establishing alternative concentration 
        limits.--For the purposes of this section, a process for 
        establishing alternative concentration limits to those 
        otherwise applicable for hazardous constituents in ground water 
        under subparagraphs (A) and (B) of paragraph (4) may not be 
        used to establish applicable standards under this paragraph if 
        the process assumes a point of human exposure beyond the 
        boundary of the facility, as defined at the conclusion of the 
        remedial investigation and feasibility study, except where--
                    ``(A) there are known and projected points of entry 
                of such ground water into surface water;
                    ``(B) on the basis of measurements or projections, 
                there is or will be no impairment of a designated use 
                of surface water established under section 303 of the 
                Federal Water Pollution Control Act from constituents 
                in such ground water at the point of entry of such 
                ground water into such surface water or at any point 
                where there is reason to believe accumulation of 
                constituents may occur downstream; and
                    ``(C) the remedial action includes enforceable 
                measures that will preclude human exposure to the 
                contaminated ground water at any point between the 
                facility boundary and all known and projected points of 
                entry of such ground water into surface water,
        then the assumed point of human exposure may be at such known 
        and projected points of entry.
            ``(6) Land disposal.--
                    ``(A) Applicability of subparagraph (b).--
                Subparagraph (B) shall be applicable only in cases 
                where the proposed disposition of waste generated by or 
                associated with the remedial action selected by the 
                President is land disposal in a State referred to in 
                subparagraph (B).
                    ``(B) Nonapplicability of state standards.--Except 
                as provided in subparagraph (C), a State standard, 
                requirement, criterion, or limitation (including any 
                State siting standard or requirement) which could 
                effectively result in the statewide prohibition of land 
                disposal of hazardous substances, pollutants, or 
                contaminants shall not apply.
                    ``(C) Exceptions.--Any State standard, requirement, 
                criterion, or limitation referred to in subparagraph 
                (B) shall apply where each of the following conditions 
                is met:
                            ``(i) The State standard, requirement, 
                        criterion, or limitation is of general 
                        applicability and was adopted by formal means.
                            ``(ii) The State standard, requirement, 
                        criterion, or limitation was adopted on the 
                        basis of hydrologic, geologic, or other 
                        relevant considerations and was not adopted for 
                        the purpose of precluding onsite remedial 
                        actions or other land disposal for reasons 
                        unrelated to protection of human health and the 
                        environment.
                            ``(iii) The State arranges for, and assures 
                        payment of, the incremental costs of utilizing, 
                        a facility for disposition of the hazardous 
                        substances, pollutants, or contaminants 
                        concerned.
            ``(7) Offsite transfers.--In the case of any removal or 
        remedial action involving the transfer of any hazardous 
        substance, pollutant, or contaminant offsite, such hazardous 
        substance, pollutant, or contaminant shall only be transferred 
        to a facility that is authorized to receive such hazardous 
        substance, pollutant, or contaminant and that is operating in 
        compliance with all applicable Federal and State requirements. 
        Such substance, pollutant, or contaminant may be transferred to 
        a land disposal facility only if the President determines that 
        both of the following requirements are met:
                    ``(A) The unit to which the hazardous substance, 
                pollutant, or contaminant is transferred is not 
                releasing any hazardous waste, or constituent thereof, 
                into the ground water, surface water, or soil.
                    ``(B) All such releases from other units at the 
                facility regulated under section 3005 of the Solid 
                Waste Disposal Act are being controlled by a corrective 
                action program approved by the Administrator under 
                subtitle C of such Act.
        The President shall notify the owner or operator of such 
        facility of determinations under this paragraph.''.

SEC. 105. EARLY EVALUATION AND PHASED REMEDIAL ACTION.

    Section 121 (42 U.S.C. 9621) is amended by adding at the end the 
following:
    ``(g) Early Evaluation and Phased Remedial Actions.--
            ``(1) Consideration of new procedures.--The President shall 
        consider new procedures for conducting remedial investigations 
        and feasibility studies in an efficient, cost-effective, and 
        timely manner. Such new procedures shall take into 
        consideration a results-oriented approach in order to minimize 
        the time required to conduct such investigations and studies. 
        The President shall, as appropriate, employ a phased approach 
        to site characterization and remediation in which remedies are 
        arrived at through a sequence of investigations and actions. 
        Information gathered in one phase shall be used to inform each 
        successive phase until final remediation goals are determined 
        and attained.
            ``(2) Collection of hydrogeologic and contaminant-related 
        information.--To facilitate efficient and effective site 
        characterization that promotes early evaluation of remedial 
        alternatives and to prevent ground water contamination problems 
        from worsening, the President shall ensure, to the extent 
        practicable, that hydrogeologic and contaminant-related 
        information necessary to select final ground water remedial 
        actions, including findings of technical impracticability, will 
        be collected as part of site characterization activities prior 
        to and during the remedial investigation. Such data shall 
        include information from actions under paragraph (3).
            ``(3) Phased remedial actions.--To facilitate efficient and 
        effective site characterization that promotes early evaluation 
        of remedial alternatives and to prevent the ground water 
        contamination problems from worsening, the President shall, as 
        appropriate, consistent with the factors in subsection (b)(3), 
        and to the extent technically practicable from an engineering 
        perspective, implement phased remedial actions to minimize 
        further contaminant migration and to reduce the risk of 
        exposure to contaminated ground water. Such actions shall be 
        based on sufficient site characterization to ensure achievement 
        of the intended goal of such actions, shall prevent 
        exacerbation of the contamination problem, and shall be 
        monitored to collect detailed information on site 
        characterization and potential remedial alternatives.''.

SEC. 106. GENERIC REMEDIES.

    Section 121 (42 U.S.C. 9621) is further amended by adding at the 
end the following:
    ``(h) Generic Remedies.--
            ``(1) Establishment.--To expedite and increase the 
        efficiency of the remedy selection process, the President may, 
        after providing notice and an opportunity for public comment, 
        establish generic remedies where such remedies are demonstrated 
        to be effective in protecting human health and the environment. 
        Such generic remedies may provide for consideration of site-
        specific factors along with generic approaches for particular 
        categories of sites.
            ``(2) Demonstration.--A demonstration of the effectiveness 
        of a remedy under paragraph (1) shall--
                    ``(A) be based on the record from a number of 
                comparable sites;
                    ``(B) evaluate an appropriate selection of remedial 
                options; and
                    ``(C) show that the generic remedy will not prevent 
                consideration of site-specific factors which vary 
                significantly from site to site in a manner that could 
                significantly impact protection of human health or the 
                environment or the costs of the remedy.
            ``(3) Utilization.--In a case in which a generic remedy 
        established under this subsection applies with respect to a 
        site, the President shall not be required to perform a site 
        specific risk assessment (other than a baseline assessment) or 
        an evaluation of alternatives under this section.
            ``(4) Notice and comment.--The President shall publish 
        notice of the President's intention to utilize, and provide an 
        opportunity to comment on the applicability of, a generic 
        remedy for a site.
            ``(5) Waivers.--
                    ``(A) In general.--The Administrator may issue to 
                an interested party a waiver of the application of a 
                generic remedy established under this subsection with 
                respect to a site.
                    ``(B) Form of request.--A request for a waiver 
                submitted by an interested party to the Administrator 
                under this paragraph shall include sufficient site-
                specific and other information to demonstrate that--
                            ``(i) the generic remedy is not 
                        appropriate; or
                            ``(ii) another alternative can protect 
                        human health and the environment through 
                        significantly less costly means in a manner 
                        consistent with this section.
                    ``(C) Approval and disapproval.--The President 
                shall approve or disapprove a request for a waiver 
                submitted under this paragraph on or before the 90th 
                day following the date of receipt of the request.''.

SEC. 107. HAZARDOUS SUBSTANCE PROPERTY USE.

    Section 104 (42 U.S.C. 9604) is amended by adding at the end the 
following:
    ``(k) Hazardous Substance Property Use.--
            ``(1) Authority of president to acquire easements.--In 
        connection with any remedial action under this Act, in order to 
        prevent exposure to, reduce the likelihood of, or otherwise 
        respond to a release or threatened release of a hazardous 
        substance, pollutant, or contaminant, the President may 
        acquire, at fair market value, or for other consideration as 
        agreed to by the parties, a hazardous substance easement which 
        restricts, limits, or controls the use of land or other natural 
        resources, including specifying permissible or impermissible 
        uses of land, prohibiting specified activities upon property, 
        prohibiting the drilling of wells or use of ground water, or 
        restricting the use of surface water.
            ``(2) Use of easements.--A hazardous substance easement 
        under this subsection may be used wherever institutional 
        controls have been selected as a component of a remedial action 
        under this Act and the National Contingency Plan.
            ``(3) Persons subject to easements.--A hazardous substance 
        easement shall be enforceable in perpetuity (unless terminated 
        and released as provided for in this section) against any owner 
        of the affected property and all persons who subsequently 
        acquire an interest in the property or rights to use the 
        property, including lessees, licensees, and any other person 
        with an interest in the property, without respect to privity or 
        lack of privity of estate or contract, lack of benefit running 
        to any other property, assignment of the easement to another 
        party or sale or other transfer of the burdened property, or 
        any other circumstance which might otherwise affect the 
        enforceability of easements or similar deed restrictions under 
        the laws of the State. The easement shall be binding upon 
        holders of any other interests in the property regardless of 
        whether such interests are recorded or whether they were 
        recorded prior or subsequent to the easement, and shall remain 
        in effect notwithstanding any foreclosure or other assertion of 
        such interests.
            ``(4) Contents of easements.--A hazardous substance 
        easement shall contain, at a minimum--
                    ``(A) a legal description of the property affected;
                    ``(B) the name or names of any current owner or 
                owners of the property as reflected in public land 
                records;
                    ``(C) a description of the release or threatened 
                release; and
                    ``(D) a statement as to the nature of the 
                restriction, limitation, or control created by the 
                easement.
            ``(5) Recording and filing of easement.--Whenever the 
        President acquires a hazardous substance easement or assigns a 
        hazardous substance easement to another party, the President 
        shall record the easement in the public land records for the 
        jurisdiction in which the affected property is located. If the 
        State has not by law designated an office for the recording of 
        interests in real property or claims or rights burdening real 
        property, the easement shall be filed in the office of the 
        clerk of the United States district court for the district in 
        which the affected property is located and the registry.
            ``(6) Methods of acquiring easements.--The President may 
        acquire a hazardous substance easement by purchase or other 
        agreement, by condemnation, or by any other means permitted by 
        law. Compensation for such easement shall be at fair market 
        value, or for other consideration as agreed to by the parties, 
        for the interest acquired.
            ``(7) Assignment of easements to parties other than the 
        president.--
                    ``(A) Authority to assign.--The President may, 
                where appropriate and with the consent of the State or 
                other governmental entity, assign an easement acquired 
                under this subsection to a State or other governmental 
                entity that has the capability of effectively enforcing 
                the easement over the period of time necessary to 
                achieve the purposes of the easement. In the case of 
                any assignment, the easement shall also be fully 
                enforceable by the assignee. Any assignment of such an 
                easement by the President may be made by following the 
                same procedures as are used for the transfer of an 
                interest in real property to a State under section 
                104(j).
                    ``(B) Easements held by other persons.--
                            ``(i) Designation as hazardous substance 
                        easements.--Subject to clause (ii), in a case 
                        in which an institutional control is a 
                        component of a remedy selected under section 
                        121 at a facility listed on the National 
                        Priorities List, the owner of property and the 
                        potential holder of a restrictive easement may 
                        expressly designate, in writing, any interest 
                        in property as a hazardous substance easement 
                        within the meaning of this paragraph.
                            ``(ii) Conditions.--An interest in property 
                        may be designated as a hazardous substance 
                        easement under clause (i) if such interest is 
                        granted to a State, an Indian Tribe, or another 
                        governmental entity or other person for the 
                        purpose of restricting or limiting the use of 
                        land, water, or other resources in order to 
                        prevent exposure to, reduce the likelihood of, 
                        or otherwise respond to a release or threatened 
                        release of a hazardous substance, pollutant, or 
                        contaminant from such a facility.
                            ``(iii) Effect of designation.--When 
                        properly recorded or filed under paragraph (5), 
                        a hazardous substance easement designated under 
                        clause (i) shall create the same rights, have 
                        the same legal effect, and be enforceable in 
                        the same manner as a hazardous substance 
                        easement acquired by the President regardless 
                        of whether the interest in property is 
                        otherwise denominated as an easement, covenant, 
                        or any other form of property right.
            ``(8) Public notice.--Not later than 180 days after the 
        date of the enactment of this subsection, the President shall 
        issue regulations regarding the procedures to be used for 
        public notice of proposed property use restrictions. Such 
        regulations shall ensure that before acquiring a hazardous 
        substance easement, and before recording any notice of such 
        easement, the President will give notice and an opportunity to 
        comment to the owner of the affected property, all other 
        persons with recorded interests in the property, any lessees or 
        other authorized occupants of the property known to the 
        President, the State and any municipalities in which the 
        property is located, any relevant Community Advisory Group 
        established under section 117, the affected community, and the 
        general public.
            ``(9) Termination or modification of easements.--An 
        easement acquired under this subsection shall remain in force 
        until the Administrator approves a modification or termination 
        and release of the easement and, following such approval, the 
        holder of the easement executes and records such modification 
        or termination and release in accordance with the terms of the 
        easement. Such modification or termination shall be recorded in 
        the same manner as the easement. A person may conduct 
        additional response actions at a facility to allow for 
        unrestricted use of the facility and may subsequently request 
        termination of the easement. Such a request shall be granted by 
        the holder of the easement and approved by the Administrator, 
        in the discretion of the holder and the Administrator, if the 
        holder and the Administrator determine that the easement is no 
        longer necessary to protect human health and the environment.
            ``(10) Enforcement.--
                    ``(A) Effect of violations.--Violation of any 
                restriction, limitation, or control imposed under a 
                hazardous substance easement shall have the same effect 
                as failure to comply with an order issued under section 
                106 and relief may be sought either in enforcement 
                actions under section 106(b)(1) or section 120(g), by 
                States under section 121(e)(2), or in citizens suits 
                under section 310. No citizens suit under section 310 
                to enforce such a notice may be commenced if the holder 
                of the easement has commenced and is diligently 
prosecuting an action in court to enforce the easement.
                    ``(B) Enforcement actions.--The President may take 
                appropriate enforcement actions to ensure compliance 
                with the terms of the easement whenever the 
                Administrator determines that the terms set forth in 
                the easement are being violated. If the easement is 
                held by a party other than the President and that party 
                has not taken appropriate enforcement actions, the 
                President may notify the party of the violation. If the 
                party does not take appropriate enforcement actions 
                within 30 days of such notification, or sooner in the 
                case of an imminent hazard, the President may initiate 
                such enforcement actions.
                    ``(C) Savings clause.--Nothing in this section 
                shall limit rights or remedies available under other 
                laws.
            ``(11) Applicability of other provisions.--Holding a 
        hazardous substance easement shall not in itself subject either 
        the holder thereof or the owner of the affected property to 
        liability under section 107. Any such easement acquired by the 
        President shall not be subject to the requirements of section 
        104(j)(2) or 120(h). Nothing in this subsection limits or 
        modifies the authority of the President pursuant to section 
        104(j)(1).''.

SEC. 108. RISK ASSESSMENT STANDARDS.

    Title I (42 U.S.C. 9601-9626) is amended by adding at the end the 
following:

``SEC. 127. RISK ASSESSMENT PRINCIPLES, GUIDELINES, AND REVIEWS.

    ``(a) General Principles.--Risk assessments and characterizations 
conducted under this Act shall--
            ``(1) provide objective assessments, estimates, and 
        characterizations which neither minimize nor exaggerate the 
        nature and magnitude of risks to human health and the 
        environment;
            ``(2) distinguish scientific findings from other 
        considerations;
            ``(3) be based on the best, relevant, and current 
        scientific and technical information, including available or 
        reasonably obtainable (A) epidemiologic data, (B) data on 
        bioavailability, and (C) site specific and all other relevant 
        information made available to the President; and
            ``(4) be based on a careful analysis of the weight of 
        scientific evidence that supports conclusions about a problem's 
        potential risk to human health and the environment.
    ``(b) Guidelines.--
            ``(1) Publication.--Not later than 2 years after the date 
        of the enactment of this section, the President shall update 
        and publish exposure assessments and ecological risk assessment 
        guidelines which are consistent with the principles in 
        subsection (a). Ecological risk guidelines shall address how to 
        evaluate the significance of risks to populations of plant and 
        animal species, ecological communities, and ecosystems.
            ``(2) Final guidelines.--Final guidelines under this 
        subsection shall be established after external peer review and 
        notice and opportunity for comment on draft guidelines.
    ``(c) Study of Substances.--The President shall conduct a study of 
the cancer potency values of 12 hazardous substances listed under 
section 104(i)(2) that are frequently found to pose significant risks 
at National Priorities List facilities. The study may also include a 
review of other health effects values. The President shall not include 
a substance in the study under this subsection if such substance is 
under scientific reevaluation pursuant to title XIV of the Safe 
Drinking Water Act. After soliciting public comment, and after external 
peer review, the President shall complete the study and publish the 
assessment under this subsection. The publication of the final 
assessment shall be considered a final agency action.''.

SEC. 109. REMEDY REVIEW.

    Title I (42 U.S.C. 9601-9626) is further amended by adding at the 
end the following:

``SEC. 128. REMEDY REVIEW.

    ``(a) National Superfund Remedy Review Board.--The President shall 
establish a National Superfund Remedy Review Board to control remedy 
costs, and to provide for protective, consistent, and cost-effective 
remedial decisions, at facilities on the National Priorities List.
    ``(b) Threshold for Review.--For remedial alternatives evaluated 
and identified after the date of the enactment of this section, 
following completion of the evaluation or remedial alternatives and 
identification of a preferred remedy, the Board shall review remedies 
for those facilities on the National Priorities List for which the 
estimated cost of the preferred remedy exceeds $15,000,000. If 
requested, the Board may review remedies for any facility for which the 
estimated cost for the preferred remedy is $15,000,000 or less.
    ``(c) Remedy Review at Federal Facilities.--Notwithstanding the 
threshold for review established by subsection (b), the President, 
after consultation with the Administrator and the Secretaries of 
Defense and Energy and after providing notice and an opportunity for 
public comment, may establish a different threshold for review for 
remedies at facilities owned or operated by the United States.
    ``(d) Board Membership.--The Board shall consist of experts on 
remedy selection, cost-effectiveness, and implementation of this Act. 
Such experts may be selected from the Environmental Protection Agency, 
State environmental agencies, and other Federal departments and 
agencies, including the Department of Defense and the Department of 
Energy. No person who participated in the development of a remedy for a 
facility may be a member of the Board reviewing such remedy.
    ``(e) Public Participation.--For each remedy that is subject to 
review under this section, the President shall notify the State, the 
affected local government, the affected community (including any 
community assistance group), and the potentially responsible parties 
that the review will take place. Such notice shall include a brief 
description of the preferred remedy and information regarding the 
location of the administrative record established for the facility 
under section 113(k). The Board shall review all comments that are 
received during the period for public comment. The Board is not 
required to review any comments that exceed 4,000 words or are not 
received during such period.
    ``(f) Board Recommendations.--With respect to a facility for which 
the Board conducts a review under this section, the Board shall make 
recommendations to the Regional Administrator of the Environmental 
Protection Agency for the region in which the facility is located. The 
Regional Administrator shall make such recommendations publicly 
available and shall place such recommendations in the administrative 
record for the facility immediately upon receipt. When the proposed 
remedial alternative for the facility is issued, the President shall 
explain any deviations from the Board's recommendations.
    ``(g) Reviews of Remedies Proposed by States Under Section 151.--
This section shall apply to remedies developed by States under section 
151. To the extent practicable, a majority of the members of the Board 
reviewing any such remedies shall be officials from State environmental 
agencies. This section shall not apply to remedies developed by States 
under section 152, although the Administrator shall encourage such 
States to provide reviews of remedies in a manner consistent with this 
section.''.

SEC. 110. REMEDY UPDATES.

    (a) Review.--To ensure that Superfund records of decision reflect 
the current state of knowledge with respect to remediation science and 
technology, and to improve the cost-effectiveness of site remediation 
while ensuring reliable long-term protection of human health and the 
environment, the President, upon receiving a request from an interested 
party on or before the last day of the 12-month period beginning on the 
date of the enactment of this Act, shall review a past Superfund record 
of decision. If appropriate, based on such review, the President shall 
modify such record of decision.
    (b) Past Record of Decision Defined.--For the purpose of this 
section, the term ``past Superfund record of decision'' means a record 
of decision selecting a remedy at a site on the National Priorities 
List that was signed prior to October 2, 1995, and has not been 
reviewed pursuant to United States Environmental Protection Agency, 
Office of Solid Waste and Emergency Response Directive, EPA540/F-96/
026, or otherwise updated since October 2, 1995.
    (c) Administrative Record.--The results of the President's review 
of a record of decision under this section and the basis for the 
President's decision to update or not update a remedy shall be placed 
in the administrative record for the facility.
    (d) Judicial Review.--The President's decision under this section 
to modify or not modify a remedy following a review under this section 
shall not be subject to judicial review.
    (e) Limitation on Statutory Construction.--Nothing in this section 
may be construed to affect the authority of the President to modify or 
amend a record of decision.

SEC. 111. REMEDY DEFINED.

    Section 101(24) is amended by adding at the end the following: 
``The term includes obtaining, ensuring adequate public notice of, and 
otherwise tracking and maintaining the protections afforded by 
institutional controls, including easements acquired under section 
104(k).''.

           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

SEC. 201. DEFINITIONS.

    Section 117 (42 U.S.C. 9617) is amended by adding after subsection 
(i), as added by section 209 of this Act, the following:
    ``(j) Definitions.--In this section, the following definitions 
apply:
            ``(1) Covered facility.--The term `covered facility' means 
        a facility that has been listed or proposed for listing on the 
        National Priorities List.
            ``(2) Affected community.--The term `affected community' 
        means any group of 2 or more individuals (including 
        representatives of Indian tribes) which may be affected by a 
        release or threatened release of a hazardous substance, 
        pollutant, or contaminant at a covered facility.''.

SEC. 202. IMPROVING CITIZEN AND COMMUNITY PARTICIPATION IN 
              DECISIONMAKING.

    (a) Technical Amendments.--Section 117 (42 U.S.C. 9617) is 
amended--
          (1) in subsection (a)--
                    (A) by striking ``Proposed Plan'' and inserting 
                ``Proposed plan'';
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively; and
                    (C) by striking ``under paragraph (1)'' and 
                inserting ``under subparagraph (A)'';
            (2) by redesignating subsection (a) as paragraph (4) and 
        moving the text of such paragraph 2 ems to the right;
            (3) in subsection (b) by striking ``Final Plan'' and 
        inserting ``Final plan'';
            (4) in subsection (c)--
                    (A) by striking ``Explanation of Differences'' and 
                inserting ``Explanation of differences''; and
                    (B) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), respectively; and
            (5) by redesignating subsections (b) and (c) as paragraphs 
        (6) and (7) and moving the text of such paragraphs 2 ems to the 
        right.
    (b) Participation in Decisionmaking.--Section 117 (42 U.S.C. 9617) 
is further amended by inserting after the section heading the 
following:
    ``(a) Improving Citizen and Community Participation in 
Decisionmaking.--
            ``(1) In general.--In order to provide an opportunity for 
        meaningful public participation at every significant phase of a 
        response action at a covered facility, the President shall take 
        the actions specified in this subsection. Public meetings 
        required under this subsection shall be designed to obtain 
        information from the community and to disseminate information 
        to the community concerning the President's activities at a 
        covered facility.
            ``(2) Preliminary assessment and site inspection.--
                    ``(A) Evaluation of concerns.--To the extent 
                practicable, before or during site inspection, the 
                President shall solicit and evaluate concerns, 
                interests, and information from the Community Advisory 
                Group, if any, affected Indian Tribes, the affected 
                community, local government officials, and State and 
                local health officials.
                    ``(B) Requirements for evaluation.--An evaluation 
                under subparagraph (A) shall include, as appropriate, 
                face-to-face community surveys to identify the location 
                of private drinking water wells, potential exposure 
                pathways, including historic and current or potential 
                use of water, and other environmental resources in the 
                community; a public meeting; written responses to 
                significant concerns; and other appropriate 
                participatory activities.
            ``(3) Remedial investigation and feasibility study.--
                    ``(A) Public meetings.--The President shall provide 
                an opportunity for public meetings and publish a notice 
                of such meetings before or during the remedial 
                investigation and feasibility study.
                    ``(B) Solicitation of views.--During the remedial 
                investigation and feasibility study, the President 
                shall solicit the views and preferences of the 
                Community Advisory Group, if any, affected Indian 
                tribes, the affected community, local government 
                officials, and State and local health officials on the 
                remediation and disposition of hazardous substances, 
                pollutants, or contaminants at the facility. Such views 
                and preferences shall be described in the remedial 
                investigation and feasibility study and considered in 
                the screening of remedial alternatives for the 
                facility.''.
            (2) Completion of work plan.--Section 117(a) (42 U.S.C. 
        9617(a)) is amended by inserting after paragraph (4) of such 
        section, as redesignated by subsection (a)(2) of this section, 
        the following:
            ``(5) Completion of work plan.--The President shall provide 
        an opportunity for public meetings and publish a notice of such 
        meetings before or during the completion of the work plan for 
        the remedial design and remedial action.''.
    (c) Alternatives; Selecting Appropriate Activities; Providing 
Information.--Section 117(a) (42 U.S.C. 9617(a)) is amended by 
inserting after paragraph (7) of such section, as redesignated by 
subsection (a)(5) of this section, the following:
            ``(8) Alternatives.--Pursuant to paragraph (4), members of 
        the Community Advisory Group, if any, affected Indian tribes, 
        the affected community, local government officials, and State 
        and local health officials may propose remedial alternatives to 
        the President. The President shall consider such alternatives 
        in the same manner as the President considers alternatives 
        proposed by other parties.
            ``(9) Selecting appropriate activities.--In determining 
        which of the activities set forth in paragraph (2) may be 
        appropriate, the President may consult with the Community 
        Advisory Group, if any, affected Indian tribes, the affected 
        community, local government officials, and State and local 
        health officials.
            ``(10) Providing information.--
                    ``(A) In general.--The President, with the 
                assistance of the Superfund Site Information Offices, 
                shall provide information to the Community Advisory 
                Group, if any, affected Indian tribes, the affected 
                community, local government officials, and State and 
                local health officials at every significant phase of 
                the response action at the covered facility.
                    ``(B) Notice.--The President, on a regular basis, 
                shall inform the entities specified in subparagraph (A) 
                of the progress and substance of technical meetings 
                between the lead agency and potentially responsible 
                parties regarding a covered facility and shall provide 
                notice to such entities concerning--
                            ``(i) the schedule for commencement of 
                        construction activities at the covered facility 
                        and the location and availability of 
                        construction plans;
                            ``(ii) the results of any review under 
                        section 121(c) and any modifications to the 
                        covered facility made as a result of the 
                        review; and
                            ``(iii) the execution of and any revisions 
                        to institutional controls being used as part of 
                        a remedial action.''.

SEC. 203. ADDITIONAL PUBLIC INVOLVEMENT REQUIREMENTS.

    Section 117 (42 U.S.C. 9617) is further amended by inserting after 
subsection (a) the following:
    ``(b) Additional Public Involvement Requirements.--
            ``(1) Availability of records.--The President shall make 
        records relating to a response action at a covered facility 
        available to the public throughout all phases of the response 
        action. Such information shall be made available to the public 
        for inspection and copying without the need to file a formal 
        request, subject to reasonable service charges as appropriate. 
        This paragraph shall not apply to a record that is exempt from 
        disclosure under section 552 of title 5, United States Code.
            ``(2) Requirements for public information.--
                    ``(A) Presentation.--The President, in carrying out 
                responsibilities under this Act, shall ensure that the 
                presentation of information on risk is unbiased and 
                informative and clearly discloses any uncertainties and 
                data gaps. To the extent feasible, documents made 
                available to the general public which purport to 
                describe the degree of risk to human health shall 
                state, at a minimum--
                            ``(i) the population or populations 
                        addressed by any risk estimates;
                            ``(ii) the expected risk or central 
                        estimate of risk for the specific population;
                            ``(iii) any appropriate upperbound and 
                        lowerbound estimates; and
                            ``(iv) the reasonable range or other 
                        description of uncertainties in the assessment 
                        process.
                    ``(B) Comparisons of risk.--To the extent 
                practicable and appropriate, the Administrator shall 
                provide comparisons of the level of risk from hazardous 
                substances found at facilities to the levels of risk 
                from hazardous substances ordinarily encountered by the 
                general public through other routes of exposure.''.

SEC. 204. SUPERFUND SITE INFORMATION OFFICES; PUBLICATION REQUIREMENT.

    Section 117 (42 U.S.C. 9617) is further amended by inserting after 
subsection (b) the following :
    ``(c) Superfund Site Information Offices.--
            ``(1) Establishment.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 18 months after the date of the enactment of 
                the Superfund Acceleration, Fairness, and Efficiency 
                Act, a State with a site on the National Priorities 
                List may establish a Superfund Site Information Office 
                to perform the functions set forth in paragraph (3).
                    ``(B) Existing offices.--The Administrator may 
                determine that a State office in existence before the 
                date of the enactment of the Superfund Acceleration, 
                Fairness, and Efficiency Act can or does already 
                perform the functions of a Superfund Site Information 
                Office and is eligible for funding under paragraph (2).
                    ``(C) Process.--Each State shall decide the process 
                for establishing a Superfund Site Information Office. 
                Such office may be electronic or a physical location 
                within the State.
                    ``(D) EPA role.--The Administrator shall provide 
                financial and other assistance to a State for 
                establishment and operation of a Superfund Site 
                Information Office if the office serves the functions 
                set forth in paragraph (3). If the Administrator 
                determines that the State has not established an office 
                that can perform the functions of a Superfund Site 
                Information Office, the Administrator shall establish 
                an office within the Environmental Protection Agency to 
                perform the functions.
            ``(2) Funding.--
                    ``(A) In general.--Funding for the operation of 
                Superfund Site Information Offices, and Environmental 
                Protection Agency offices that perform similar 
                functions, shall not exceed $20,000,000 for a fiscal 
                year.
                    ``(B) State grants.--Subject to the availability of 
                appropriations, each State that has a Superfund Site 
                Information Office, and each Environmental Protection 
                Agency regional office performing the functions of a 
                Superfund Site Information Office, shall receive not 
                less than $100,000, and not more than $500,000, for a 
                fiscal year.
                    ``(C) Formula.--
                            ``(i) In general.--The Administrator shall 
                        publish guidelines establishing a formula for 
                        determining the actual amount of funding for 
                        each Superfund Site Information Office.
                            ``(ii) Factors.--The formula shall include 
                        factors such as the number of facilities 
                        potentially eligible for or on the National 
                        Priorities List that would be covered by the 
                        Superfund Site Information Office.
            ``(3) Functions.--
                    ``(A) In general.--A Superfund Site Information 
                Office for a State shall--
                            ``(i) assist the Administrator in--
                                    ``(I) disseminating information 
                                regarding covered facilities, the 
                                existence of the Office and its 
                                services, and opportunities to 
                                participate under this Act;
                                    ``(II) notifying citizens of public 
                                meetings;
                                    ``(III) notifying the affected 
                                community near a covered facility of 
                                the opportunity to establish a 
                                Community Advisory Group and of the 
                                availability of technical assistance 
                                grants under subsection (e);
                                    ``(IV) informing citizens of their 
                                rights under this Act; and
                                    ``(V) providing citizens with 
                                information relating to the operation 
                                of this Act with respect to covered 
                                facilities within the State;
                            ``(ii) serve as a clearinghouse, maintain 
                        records, and provide electronic access, as 
                        appropriate, for information regarding such 
                        facilities, including a description of the 
                        Administrator's process for identifying covered 
                        facilities and undertaking response actions 
                        under this Act; and
                            ``(iii) provide a list of covered 
                        facilities located in the State and, with 
                        respect to each such covered facility to the 
                        extent information becomes available--
                                    ``(I) the location, name of owner 
                                or operator, and characteristics of the 
                                covered facility;
                                    ``(II) the hazardous substances, 
                                pollutants, and contaminants present, 
                                including the quantities and relative 
                                toxicities of the substances, 
                                pollutants, and contaminants;
                                    ``(III) the response actions being 
                                taken, including records of any 
                                institutional controls that are 
                                included in the response actions;
                                    ``(IV) any health data generated in 
                                connection with the covered facility;
                                    ``(V) the status of the response 
                                actions at the covered facility;
                                    ``(VI) any report generated as a 
                                result of a review under section 
                                121(c);
                                    ``(VII) the location of the 
                                administrative record created for the 
                                facility, if any, under section 113(k); 
                                and
                                    ``(VIII) any ongoing operation and 
                                maintenance requirements or 
                                institutional controls in place.
                    ``(B) Report.--
                            ``(i) In general.--Each State with a 
                        Superfund Site Information Office receiving a 
                        grant under this section shall submit annually 
                        a report to the Administrator regarding the use 
                        of the grant and shall certify in the report 
                        that such grant has been used in compliance 
                        with the requirements of this subsection.
                            ``(ii) Termination of grant.--If the 
                        Administrator determines that the grant is not 
                        being used in a manner consistent with the 
                        functions under subparagraph (A), the 
                        Administrator may terminate the grant.''.
    (b) Publication.--Section 117(d) (42 U.S.C. 9617(d)) is amended by 
striking ``major''.

SEC. 205. TECHNICAL ASSISTANCE GRANTS.

    Section 117(e) (42 U.S.C. 9617(e)) is amended to read as follows:
    ``(e) Technical Assistance Grants.--
            ``(1) Authority.--In accordance with rules to be 
        promulgated by the Administrator, the Administrator may make 
        grants for technical assistance available to any Community 
        Advisory Group or affected community with respect to--
                    ``(A) a covered facility;
                    ``(B) a facility at which the Administrator is 
                undertaking a response action anticipated to exceed 1 
                year; or
                    ``(C) a facility at which the funding limit under 
                section 104 is anticipated to be reached.
            ``(2) Special rules.--
                    ``(A) Federal share.--No matching contribution 
                shall be required for a grant under this subsection.
                    ``(B) Advance payments.--The Administrator may make 
                available to a recipient of a grant under this 
                subsection in advance of the expenditures to be covered 
                by the grant the lesser of $5,000 or 10 percent of the 
                total amount of the grant.
            ``(3) Grant availability.--The Administrator shall promptly 
        notify residents and Indian tribes living near a covered 
        facility that technical assistance grants are available under 
        this section.
            ``(4) Number of grants per facility.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, the Administrator may not make more 
                than 1 grant under this subsection with respect to a 
                single facility.
                    ``(B) Renewal of grants.--A grant made under this 
                subsection with respect to a facility may be renewed to 
                facilitate public participation at all stages of a 
                response action.
                    ``(C) Special rule.--In exceptional circumstances, 
                the Administrator may provide more than 1 grant under 
                this subsection with respect to a single facility, 
                considering such factors as the area affected by the 
                facility and the distances between affected 
                communities.
            ``(5) Funding amount.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of a grant under this 
                subsection may not exceed $50,000 for a single grant 
                recipient.
                    ``(B) Additional funds.--The Administrator may 
                increase the amount of a grant under this subsection 
                if--
                            ``(i) the grant recipient demonstrates that 
                        the characteristics of a facility indicate that 
                        additional funds are necessary due to the 
                        complexity of the response action, including 
                        the size and complexity of the facility, or the 
                        nature or volume of site-related information; 
                        and
                            ``(ii) the Administrator finds that the 
                        grant recipient's management of a previous 
                        grant under this subsection, if any, was 
                        satisfactory, and the costs incurred under the 
                        grant were allowable and reasonable.
            ``(6) Simplification.--To ensure that the application 
        process is accessible to all affected citizens, the 
        Administrator shall review the existing guidelines and 
        application procedures for grants under this subsection and, 
        not later than 180 days after the date of the enactment of this 
        paragraph, revise, as appropriate, such guidelines and 
        procedures to simplify the process of obtaining such grants.
            ``(7) Authorized grant activities.--
                    ``(A) Information and participation.--To facilitate 
                full participation by a grant recipient in response 
                activities at a facility, a grant made under this 
                subsection may be used to obtain technical assistance, 
                including the hiring of health and safety experts, in 
                interpreting information for, and disseminating 
                information to, members of the community, and in 
                providing information and recommendations to the 
                President, with regard to--
                            ``(i) the nature of the hazard at a 
                        facility, including information used to rank 
                        facilities according to the Hazard Ranking 
                        System;
                            ``(ii) sampling and monitoring plans;
                            ``(iii) the remedial investigation and 
                        feasibility study;
                            ``(iv) the record of decision;
                            ``(v) the selection, design, and 
                        construction of the remedial action;
                            ``(vi) operation and maintenance;
                            ``(vii) institutional controls;
                            ``(viii) removal activities at the 
                        facility; and
                            ``(ix) health assessment or health studies.
                    ``(B) Additional activities.--In addition to the 
                activities specified in subparagraph (A), not more than 
                10 percent of the amount of a grant under this 
                subsection may be used for educational training, hiring 
                neutral professionals to facilitate deliberations and 
                consensus efforts, and hiring community liaisons to 
                potentially responsible parties and government agencies 
                to facilitate public participation at the facility.
                    ``(C) Availability of information.--Information 
                generated by the recipients of grants under this 
                subsection shall be made available, as appropriate, to 
                the appropriate Superfund Site Information Office.
                    ``(D) Limitation.--Grants made under this 
                subsection may not be used for the purposes of 
                collecting field sampling data.
            ``(8) Non-site-specific grants.--In accordance with rules 
        to be promulgated by the Administrator, the Administrator may 
        make grants under this subsection to Indian tribes, nonprofit 
        organizations, and citizens groups to enhance their 
        participation, prior to final agency action, in rulemaking 
        processes carried out in accordance with this Act. Total 
        funding for all such grants shall not exceed $100,000.
            ``(9) Representative of the community.--The Administrator 
        shall publish guidance for determining whether a recipient of a 
        grant under this subsection is a legitimate representative of 
        the community affected by a facility.''.

SEC. 206. UNDERSTANDABLE PRESENTATION OF MATERIALS.

    Section 117 (42 U.S.C. 9617) is amended by adding at the end the 
following:
    ``(f) Understandable Presentation of Materials.--The President 
shall ensure that information prepared for distribution to the public 
under this section shall be provided or summarized in a manner that may 
be easily understood by the community, considering any unique cultural 
needs of the community, including presentation of information orally 
and distribution of information in languages other than English, as 
appropriate.''.

SEC. 207. PUBLIC PARTICIPATION IN REMOVAL ACTIONS.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following:
    ``(g) Public Participation in Removal Actions.--In the case of a 
removal action taken in accordance with section 104, the President 
shall provide opportunities for meaningful public participation as 
follows:
            ``(1) Removal actions where on-site activities must begin 
        in less than 6 months.--In the case of a removal action where 
        on-site activities must begin in less than 6 months, the 
        President shall--
                    ``(A) publish a notice of availability of the 
                administrative record established under section 113(k) 
                in a local newspaper of general circulation within 60 
                days of any on-site removal activity;
                    ``(B) provide a public comment period, as 
                appropriate, of not less than 30 days from the date on 
which the administrative record is made available for public 
inspection; and
                    ``(C) prepare a written response to comments.
            ``(2) Removal actions where on-site activities will extend 
        beyond 120 days.--In the case of a removal action where on-site 
        activities are expected to extend beyond 120 days, the 
        President shall--
                    ``(A) conduct interviews with the Community 
                Advisory Group, if any, affected Indian tribes, the 
                affected community, local government officials, and 
                State and local health officials, as appropriate, to 
                solicit their concerns, information needs, and how or 
                when the affected community would like to become 
                involved in the response action;
                    ``(B) prepare a formal community relations plan 
                based on the community interviews and other relevant 
                information, specifying the community relations 
                activities that the President expects to undertake 
                during the response; and
                    ``(C) establish at least 1 local information 
                repository at or near the location of the response 
                action.
        The information repository shall contain items made available 
        for public information and the administrative record. The 
        President shall inform the affected community of the 
        establishment of the information repository and provide a 
        notice of availability of the administrative record for public 
        review. All items in the repository shall be available for 
        public inspection and copying.
            ``(3) Removal actions where planning period will extend 
        beyond 6 months.--In the case of a removal action where the 
        planning period is expected to extend beyond 6 months, the 
        President shall--
                    ``(A) comply with the requirements of paragraph 
                (2);
                    ``(B) provide a notice of availability of and a 
                brief description of the removal engineering evaluation 
                and cost analysis in a local newspaper of general 
                circulation;
                    ``(C) provide a reasonable opportunity, not less 
                than 30 days, for submission of written and oral 
                comments after completion of the engineering evaluation 
                and cost analysis; and
                    ``(D) prepare a written response to significant 
                comments.''.

SEC. 208. COMMUNITY ADVISORY GROUPS.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following:
    ``(h) Community Advisory Groups.--
            ``(1) Creation and responsibilities.--The President shall 
        provide the opportunity for the establishment of a Community 
        Advisory Group to serve as a representative public forum to 
        achieve direct, regular, and meaningful consultation with all 
        interested parties throughout all stages of a response action 
        whenever--
                    ``(A) the President determines such a group will be 
                helpful; or
                    ``(B) 25 individuals residing in the area in which 
                the facility is located, or 10 percent of the 
                population of a locality in which the National 
                Priorities List facility is located, whichever is 
                fewer, petition for a Community Advisory Group to be 
                established.
            ``(2) Duties.--
                    ``(A) Provision of information and views.--A 
                Community Advisory Group shall provide information and 
                views to the President and, as appropriate, to any or 
                all of the following: the Agency for Toxic Substances 
                and Disease Registry, State regulatory agencies, 
                Federal agencies, Federal, State, and tribal natural 
                resource trustees, and potentially responsible parties 
                conducting response actions.
                    ``(B) Contents of information and views.--The 
                information and views reported under subparagraph (A) 
                may include the various subjects related to facility 
                remediation, including facility health studies, 
                potential remedial alternatives, and selection and 
                implementation of remedial and removal actions.
                    ``(C) Attempts of achieve consensus.--The Community 
                Advisory Group shall attempt to achieve consensus among 
                its members before reporting positions to agencies or 
                potentially responsible parties. In cases in which 
                consensus cannot be reached, the Community Advisory 
                Group shall present divergent views.
            ``(3) Land use recommendations.--
                    ``(A) Consultation during remedy selection 
                process.--To obtain greater community input into and 
                support for remedial decisions affecting future land 
                use, the Administrator shall consult with the Community 
                Advisory Group, if any, affected Indian tribes, the 
                affected community, local government officials, and 
local health officials on a regular basis throughout the remedy 
selection process regarding the reasonably anticipated beneficial use 
of land at the facility and any institutional controls required to 
assure that land use restrictions remain in effect.
                    ``(B) Recommendations of community advisory 
                groups.--
                            ``(i) In general.--A Community Advisory 
                        Group may offer recommendations on the 
                        reasonably anticipated future use of land at a 
                        facility to the Administrator at any time prior 
                        to the selection of a remedy at the facility.
                            ``(ii) Consideration of land use plans.--A 
                        land use recommendation of a Community Advisory 
                        Group under this subparagraph shall consider, 
                        at a minimum, applicable comprehensive land use 
                        plans and the other criteria for determining 
                        future land use set forth in section 
                        121(d)(3)(A).
            ``(4) Community advisory group information and 
        recommendations.--With the exception of land use 
        recommendations, information and recommendations received from 
        the Community Advisory Groups shall be considered by the 
        President to be of equal weight with the advice received from 
        recipients of technical assistance grants under subsection (e) 
        and other affected community members.
            ``(5) Community advisory group members.--
                    ``(A) Notice and opportunity to participate.--The 
                President shall provide notice and opportunity to 
                participate on a Community Advisory Group to the 
                affected community, including to persons who are or 
                historically have been disproportionately affected by 
                facility contamination in their community.
                    ``(B) Community representation.--
                            ``(i) In general.--The President shall 
                        ensure that each Community Advisory Group, to 
                        the extent practicable, reflects the 
                        composition of the community near the facility 
                        and the diversity of interests.
                            ``(ii) Representatives of local 
                        residents.--Local residents shall comprise a 
                        majority of the total membership of the 
                        Community Advisory Group.
                            ``(iii) Representatives of technical 
                        assistance grant recipients.--At least 1 member 
                        of a Community Advisory Group shall represent 
                        the recipients of technical assistance grants 
                        under subsection (e) if such a grant has been 
                        made with respect to the facility.
                            ``(iv) Other representatives.--To the 
                        extent possible, the President shall ensure 
                        that members of the following groups are 
                        represented on a Community Advisory Group:
                                    ``(I) Persons residing or owning 
                                residential property near the facility 
                                or persons who may be directly affected 
                                by the releases from the facility.
                                    ``(II) Persons who, although not 
                                residing or owning property near the 
                                facility, may be potentially affected 
                                by releases from the facility.
                                    ``(III) Persons in the local 
                                medical community who are practicing in 
                                the community.
                                    ``(IV) Members of local Indian 
                                tribes or Indian communities.
                                    ``(V) Persons residing in the 
                                community who are members of local 
                                citizen, civic, environmental, or 
                                public interest groups.
                                    ``(VI) Current and former employees 
                                of the facility during facility 
                                operation.
                                    ``(VII) Persons in the local 
                                business community.
            ``(6) Pay.--Members shall serve on a Community Advisory 
        Group without pay.
            ``(7) FACA.--The Federal Advisory Committee Act shall not 
        apply to a Community Advisory Group established under this Act 
        or ATSDR Community Advisory Panels.
            ``(8) Technical and administrative support for community 
        advisory groups.--The President may provide technical and 
        administrative support for Community Advisory Groups.
            ``(9) Additional participants.--The following persons may 
        participate in meetings of Community Advisory Groups to provide 
        information and technical expertise, but shall not be members 
of the Community Advisory Group:
                    ``(A) The Administrator.
                    ``(B) The Administrator of the Agency for Toxic 
                Substances and Disease Registry.
                    ``(C) The State.
                    ``(D) Representatives chosen by the governing body 
                of local Indian tribes or Indian community local 
                governments (which may include pertinent city or county 
                governments, or both).
                    ``(E) The head of any other governmental unit which 
                regulates land use in the vicinity of the facility, as 
                appropriate.
                    ``(F) Facility owners, and local representatives of 
                the potentially responsible parties, who represent, 
                wherever practicable, a balance of the interests of the 
                potentially responsible parties.
            ``(10) Other public involvement.--
                    ``(A) Consideration of views.--The existence of a 
                Community Advisory Group shall not diminish any other 
                obligation of the President to consider the views of 
                any person in selecting response actions under this 
                Act.
                    ``(B) Status of existing community advisory 
                groups.--Nothing in this section shall affect the 
                status of any citizen advisory group formed before the 
                enactment of this subsection.
                    ``(C) Status of existing boards.--Nothing in this 
                section shall affect the status, decisions, or future 
                formation of any Department of Defense Restoration 
                Advisory Board or Department of Energy Site Specific 
                Advisory Board. No Citizen Advisory Group must be 
                established for a facility if any such Board has been 
                established for the facility.''.

SEC. 209. COMMUNITY STUDY.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following:
    ``(i) Community Study.--
            ``(1) Report by the administrator.--Not later than 2 years 
        after the date of the enactment of this Act, the Administrator 
        shall prepare and submit to Congress and the Superfund Site 
        Information Offices a community study. The Administrator shall 
        periodically update the study. The Administrator and Superfund 
        Site Information Offices shall ensure that copies of such 
        studies are made available to the public.
            ``(2) Contents of the report.--The Administrator's report 
        shall include an analysis of--
                    ``(A) the duration of time between the discovery 
                and listing of a facility;
                    ``(B) the timing and nature of response actions;
                    ``(C) the degree to which public views are 
                reflected in response actions;
                    ``(D) future land use determinations and use of 
                institutional controls;
                    ``(E) the population, race, ethnicity, and income 
                characteristics of each community affected by each 
                facility listed or proposed for listing on the National 
                Priorities List; and
                    ``(F) the risk presented by each such facility.
            ``(3) Evaluation.--The Administrator shall evaluate the 
        information in the study to determine whether priority setting, 
        response actions, and public participation requirements were 
        conducted in a fair and equitable manner and identify program 
        areas that require improvements or modification.
            ``(4) Actions based on evaluation.--The Administrator shall 
        institute necessary improvements or modifications to address 
        any deficiencies identified by the study prepared under this 
        section.''.

                        Subtitle B--Human Health

SEC. 221. PUBLIC HEALTH AUTHORITIES.

    (a) Disease Registry and Medical Care Providers.--Section 104(i)(1) 
(42 U.S.C. 9604(i)(1)) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
            ``(A) in cooperation with the States, for scientific 
        purposes and public health purposes, establish and maintain a 
        national registry of persons exposed to toxic substances;''; 
        and
            (2) in subparagraph (E) by striking ``admission to 
        hospitals and other facilities and services operated or 
        provided by the Public Health Service'' and inserting 
        ``referral to licensed or accredited health care providers''.
    (b) Substance Profiles.--Section 104(i)(3) (42 U.S.C. 9604(i)(3)) 
is amended--
            (1) by inserting ``(A)'' after ``(3)'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively; and
            (3) by striking ``Any toxicological profile or revision 
        thereof'' and all that follows through the period at the end of 
        such paragraph and inserting the following:
    ``(B) Any toxicological profile or revision thereof shall reflect 
the Administrator of ATSDR's assessment of all relevant toxicological 
testing which has been peer reviewed. The profiles prepared under this 
paragraph shall be for those substances highest on the list of 
priorities under paragraph (2) for which profiles have not previously 
been prepared or for substances not on the listing but which have been 
found at facilities for which there has been a response action under 
this Act and which have been determined by ATSDR to be of health 
concern. Profiles required under this paragraph shall be revised and 
republished, as appropriate, based on scientific development. Such 
profiles shall be provided to the States, including State health 
departments, tribal health officials, and local health departments, and 
made available to other interested parties.''.
    (c) Determining Health Effects.--Section 104(i)(5)(A) (42 U.S.C. 
9604(i)(5)(A)) is amended--
            (1) by striking ``designed to determine the health effects 
        (and techniques for development of methods to determine such 
        health effects) of such substance.'' and inserting ``conducted 
        directly or by means such as cooperative agreements and grants 
        with appropriate public and nonprofit institutions. The 
        research shall be designed to determine the health effects (and 
        techniques for development of methods to determine such health 
        effects) of the substance.'';
            (2) by redesignating clause (iv) as clause (v);
            (3) by striking ``and'' at the end of clause (iii); and
            (4) by inserting after clause (iii) the following:
            ``(iv) laboratory and other studies which can lead to the 
        development of innovative techniques for predicting organ-
        specific, site-specific, and system-specific acute and chronic 
        toxicity; and''.
    (d) Public Health at NPL Facilities.--
            (1) Preliminary public health assessments.--Section 
        104(i)(6) (42 U.S.C. 9604(i)(6)) is amended by striking 
        ``(6)(A)'' and all that follows through subparagraph (A) and 
        inserting the following:
    ``(6)(A)(i) The Administrator of ATSDR shall perform a preliminary 
public health assessment for each facility, including those facilities 
owned by any department, agency, or instrumentality of the United 
States, on the National Priorities List and those sites that are the 
subject of a petition under subparagraph (B). The preliminary public 
health assessment shall be commenced as soon as practicable after each 
facility is proposed for inclusion on the National Priorities List or 
ATSDR accepts a petition for a health assessment. Where ATSDR, in 
consultation with local public health officials, determines it is 
indicated by the preliminary public health assessment, ATSDR shall 
conduct a public health assessment of those sites posing a health 
hazard, which should be considered in selecting the remedial action.
    ``(ii) The Administrator of ATSDR shall design public health 
assessments that take into account the needs and conditions of the 
affected community, in cooperation with States.
    ``(iii) The Administrator of the Environmental Protection Agency 
shall place highest priority on facilities with releases of hazardous 
substances which result in actual ongoing human exposures at levels of 
public health concern or adverse health effects as identified in a 
public health assessment conducted by the ATSDR or are reasonably 
anticipated based on currently known facts.''.
            (2) Strategies for obtaining data; community involvement.--
        Section 104(i)(6)(D) (42 U.S.C. 9604(i)(6)(D)) is amended--
                    (A) by inserting ``(i)'' after ``(D)''; and
                    (B) by adding at the end the following: ``The 
                President and the Administrator of ATSDR shall develop 
                strategies to obtain relevant on-site and off-site 
                characterization data for use in the health assessment. 
                The President shall, to the maximum extent practicable, 
                provide the Administrator of ATSDR with the data and 
                information necessary to make public health assessments 
                sufficiently prior to the choice of remedial actions to 
                allow ATSDR to complete these assessments. Where deemed 
                appropriate, the Administrator of ATSDR shall provide 
                to the President as soon as practicable after site 
                discovery, recommendations for sampling environmental 
                media for hazardous substances of public health 
                concern. To the extent feasible, the President shall 
                incorporate such recommendations into the President's 
                site investigation activities.
    ``(ii) In order to improve community involvement in health 
assessments, the Administrator of ATSDR shall carry out each of the 
following duties:
            ``(I) The Administrator of ATSDR shall collect from 
        Community Assistance Groups, from State and local public health 
        authorities, and from other sources in communities affected or 
        potentially affected by releases of hazardous substances data 
        regarding exposure, relevant human activities, and other 
        factors.
            ``(II) The Administrator of ATSDR shall design health 
        assessments that take into account the needs and conditions of 
        the affected community. Community-based research models, 
        building links to local expertise, and local health resources 
        should be used. In preparing such designs, emphasis shall be 
        placed on collection of actual exposure data, and sources of 
        multiple exposure shall be considered.''.
            (3) Results of public health assessments.--Section 
        104(i)(6)(H) (42 U.S.C. 9604(i)(6)(H)) is amended by striking 
        ``health assessment'' each place it appears and inserting 
        ``public health assessment''.
    (e) Health Studies.--Section 104(i)(7) (42 U.S.C. 9604(i)(7)) is 
amended by striking ``(7)(A)'' and all that follows through 
subparagraph (A) and inserting the following:
    ``(7)(A) Whenever in the judgment of the Administrator of ATSDR it 
is appropriate on the basis of the results of a public health 
assessment or on the basis of other appropriate information, the 
Administrator of ATSDR shall conduct a human health study of exposure 
or other health effects for selected groups or individuals in order to 
determine the desirability of conducting full scale epidemiologic or 
other health studies of the entire exposed population.''.
    (f) Distribution of Materials to Health Professionals and Medical 
Centers.--Section 104(i)(14) (42 U.S.C. 9604(i)(14)) is amended to read 
as follows:
    ``(14) In implementing this subsection and other health-related 
provisions of this Act in cooperation with the States, the 
Administrator of ATSDR shall--
            ``(A) assemble, develop as necessary, and distribute to the 
        State and local health officials, tribes, medical colleges, 
        physicians, nursing institutions, nurses, and other health 
        professionals and medical centers, appropriate educational 
        materials (including short courses) on the medical 
        surveillance, screening, and methods of prevention, diagnosis, 
        and treatment of injury or disease related to exposure to 
        hazardous substances (giving priority to those listed in 
        paragraph (2)), through means the Administrator of ATSDR 
        considers appropriate; and
            ``(B) assemble, develop as necessary, and distribute to the 
        general public and to at-risk populations appropriate 
        educational materials and other information on human health 
        effects of hazardous substances.''.
    (g) Grants, Contracts, and Community Assistance activities.--
Section 104(i)(15) (42 U.S.C. 6904(i)(15)) is amended--
            (1) by inserting ``(A)'' before ``The activities'';
            (2) in the first sentence by striking ``cooperative 
        agreements with States (or political subdivisions thereof)'' 
        and inserting ``grants, cooperative agreements, or contracts 
        with States (or political subdivisions thereof), other 
        appropriate public authorities, public or private institutions, 
        colleges, universities, and professional associations'';
            (3) in the second sentence by inserting ``public'' before 
        ``health assessments''; and
            (4) by adding at the end the following:
    ``(B) When a public health assessment is conducted at a facility on 
the National Priorities List, or a facility is being evaluated for 
inclusion on the National Priorities List, the Administrator of ATSDR 
may provide the assistance specified in this paragraph to public or 
private nonprofit entities, individuals, and community-based groups 
that may be affected by the release or threatened release of hazardous 
substances in the environment.
    ``(C) The Administrator of ATSDR, pursuant to the grants, 
cooperative agreements, and contracts referred to in this paragraph, is 
authorized and directed to provide, where appropriate, diagnostic 
services, health data registries and preventative public health 
education to communities affected by the release of hazardous 
substances.''.
    (h) Peer Review Committee.--Section 104(i) (42 U.S.C. 6904(i)) is 
amended by adding at the end the following:
    ``(19) The Administrator of ATSDR shall establish an external peer 
review committee of qualified health scientists who serve for fixed 
periods and meet periodically to--
            ``(A) provide guidance on initiation of studies;
            ``(B) assess the quality of study reports funded by the 
        agency; and
            ``(C) provide guidance on effective and objective risk 
        characterization and communication.
The peer review committee may include additional specific experts 
representing a balanced group of stakeholders on an ad hoc basis for 
specific issues. Meetings of the committee should be open to the 
public.''.

SEC. 222. INDIAN HEALTH PROVISIONS.

    Section 104(i) (42 U.S.C. 9406(i)) is amended--
            (1) in paragraph (1) by inserting ``the Indian Health 
        Service,'' after ``the Secretary of Transportation,'';
            (2) in paragraph (5)(A) by inserting ``and the Indian 
        Health Service'' after ``Public Health Service'';
            (3) in paragraph (6)(C) by inserting ``where low population 
        density is not used as an excluding risk factor'' after 
        ``health appears highest'';
            (4) in paragraph (6)(E) by inserting at the end of the 
        subparagraph the following: ``If the Administrator of ATSDR or 
        the Administrator of EPA does not act on the recommendations of 
        the State, the Administrators must respond in writing to the 
        State or tribe as to why they have not acted on the 
        recommendations.'';
            (5) in paragraph (6)(F)--
                    (A) by striking ``and'' after ``emissions,''; and
                    (B) by inserting ``and any other pathways resulting 
                from subsistence activities'' after ``contamination''; 
                and
            (6) in paragraph (6)(G) by striking the period at the end 
        of the last sentence and inserting the following: ``, and may 
        give special consideration, where appropriate, to any practices 
        of the affected community that may result in increased exposure 
        to hazardous substances, pollutants, or contaminants, such as 
        subsistence hunting, fishing, and gathering.''.

SEC. 223. HAZARD RANKING SYSTEM.

    Section 105(c) (42 U.S.C. 9605(c)) is amended by adding at the end 
the following:
            ``(5) Risk prioritization.--In setting priorities under 
        subsection (a)(8), the President shall place highest priority 
        on facilities with releases of hazardous substances which 
        result in actual ongoing human exposures at levels of public 
        health concern or demonstrated adverse health effects as 
        identified in a health assessment conducted by the Agency for 
        Toxic Substances and Disease Registry or are reasonably 
        anticipated based on currently known facts.
            ``(6) Prior response action.--Any evaluation under this 
        section shall take into account all prior response actions 
        taken at a facility.''.

SEC. 224. FACILITY SCORING.

    Section 105 (42 U.S.C. 9605) is amended by adding at the end the 
following:
    ``(h) Facility Scoring.--The Administrator shall evaluate areas, 
such as Indian country or poor rural communities that warrant special 
attention and identify up to 5 facilities in each region of the 
Environmental Protection Agency that are likely to warrant inclusion on 
the National Priorities List. These facilities shall be accorded a 
priority in evaluation for National Priorities List listing and 
scoring, and shall be evaluated for listing within 2 years after the 
date of enactment of this subsection.''.

                      TITLE III--LIABILITY REFORM

SEC. 301. AMENDMENTS TO SECTION 104.

    (a) Limitation on Removal Authority.--Section 104(c) (42 U.S.C. 
9604(c)) is amended--
            (1) by striking ``(c)(1)'' and all that follows through the 
        period at the end of paragraph (1) and inserting the following:
    ``(c) Limitations on Authority of President.--
            ``(1) Taking or requiring response actions.--The President 
        shall not take or require another person to take response 
        actions at any facility after $4,000,000 has been expended for 
        such actions or 2 years has elapsed from the date of initial 
        response to the release or threatened release of hazardous 
        substances at the facility unless the facility is on the 
        National Priorities List or is proposed to be on such List or 
        the President finds that--
                    ``(A) continued response actions are immediately 
                required to prevent, limit, or mitigate an emergency at 
                the facility;
                    ``(B) there is immediate risk to public health or 
                welfare or the environment; and
                    ``(C) such assistance will not be otherwise 
                provided on a timely basis.'';
            (2) in paragraph (2) by inserting before ``The President'' 
        the following: ``Consultation requirement.--'';
            (3) in paragraph (3) by inserting before ``The President'' 
        the following: ``Limitation on remedial actions.--''; and
            (4) by aligning the left margin of paragraphs (2) and (3) 
        with paragraph (4).
    (b) Information Gathering and Access.--Section 104(e)(2) (42 U.S.C. 
9604(e)(2)) is amended--
            (1) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) The ability of a person to pay for or to 
                perform a response action.''.
    (c) Confidentiality Requirements for Contractors.--Paragraph (7) of 
section 104(e) is amended by adding at the end the following new 
subparagraph:
            ``(G)(i) No person described in clause (ii) may disclose 
        any record, report, document, or other information referred to 
        in subparagraph (A)(i) without the permission of the President 
        (or the State, as the case may be).
            ``(ii) A person described in this clause is any person--
                    ``(I) who is not an employee of the United States 
                Government; and
                    ``(II) who, by virtue of the person's duties under 
                a contract or cooperative agreement with the United 
                States under this section to perform work for the 
                United States Government or implement the requirements 
                of this Act, has received information obtained under 
                this section (or any record, report, or document 
                containing such information) which, if requested from 
                the United States Government pursuant to section 552 of 
                title 5, United States Code, would be exempt from 
                disclosure by reason of subsection (b) of such 
                section.''.
    (d) Confidentiality in General.--Subparagraph (A) of section 
104(e)(7) is amended to read as follows:
            ``(A) Any records, reports, documents, or information 
        obtained from any person under this section (including records, 
        reports, documents, or information obtained by representatives 
        of the President (or the State as the case may be) and records, 
        reports, documents, or information obtained pursuant to a 
        contract, grant, or other agreement to perform work pursuant to 
        this section) shall be available to the public not later than 
        45 days after the records, reports, or information is obtained, 
        except as follows:
                    ``(i) Upon a showing satisfactory to the President 
                (or the State, as the case may be) by any person that 
                records, reports, documents, or information, or any 
                particular part thereof (other than health or safety 
                effects data), to which the President (or the State, as 
                the case may be) or any officer, employee, or 
                representative has access under this section if made 
                public would divulge information entitled to protection 
                under section 1905 of title 18, United States Code, 
                such information or particular portion thereof shall be 
                considered confidential in accordance with the purposes 
                of that section, except as otherwise provided in this 
                clause. Any such record, report, document, or 
                information may be disclosed to other officers, 
                employees, or authorized representatives of the United 
                States carrying out this Act, when relevant in any 
                proceeding under this Act, including any allocator 
                appointed pursuant to section 128. If such records, 
                reports, documents, or information are obtained or 
                submitted to the United States (or the State, as the 
                case may be) pursuant to a contract, grant, or other 
                agreement to perform work pursuant to this section, 
                such record, report, document, or information may be 
                disclosed to persons from whom the President seeks to 
                recover costs pursuant to this Act.
                    ``(ii) This section does not require that 
                information which is exempt from disclosure pursuant to 
                section 552(a) of title 5, United States Code, by 
                reason of subsection (b) of such section, be available 
                to the public. The disclosure of any such information 
                pursuant to this section shall not authorize disclosure 
                to other parties or be deemed to waive any 
                confidentiality privilege available under any Federal 
                or State law.''.
    (e) Availability of Information to Congress.--Subsection 104(e) is 
further amended by adding after paragraph (7) the following new 
paragraph:
            ``(8) Availability of information to congress.--Nothing in 
        this subsection shall be construed to authorize any person, 
        including any allocator appointed pursuant to section 128, to 
        withhold any documents or information from Congress, or any 
        duly authorized Committee thereof, or limit in any manner the 
        right of Congress, or any duly authorized Committee thereof, to 
        obtain such documents or information.''.

SEC. 302. AMENDMENTS TO SECTION 106.

    (a) Administrative Orders.--Section 106(a) (42 U.S.C. 9606(a)) is 
amended by adding at the end the following: ``No order may be issued 
under this section against any person who would not be liable for costs 
or damages referred to in section 107(a). In any case in which the 
President issues an order to a person under this subsection, the 
President shall provide information concerning the evidence that 
indicates that each element of liability contained in section 107(a) is 
present.''.
    (b) Sufficient Cause.--Section 106(b)(1) (42 U.S.C. 9606(b)(1)) is 
amended--
            (1) by inserting ``(A)'' after ``(b)(1)'';
            (2) by striking ``to enforce such order'';
            (3) by inserting before the period ``, or be required to 
        comply with such order, or both, even if another person has 
        complied, or is complying, with the terms of the same order or 
        another order pertaining to the same facility and release or 
        threatened release''; and
            (4) by inserting at the end the following:
    ``(B) For purposes of this subsection and section 107(c)(3), a 
`sufficient cause' includes an objectively reasonable belief by the 
person to whom the order is issued that--
            ``(i) the person is not liable for any response costs under 
        section 107; or
            ``(ii) that the action to be performed pursuant to the 
        order is inconsistent with the national contingency plan.''.
    (c) Reimbursement.--Subsection (b) of section 106 (42 U.S.C. 
9606(b)) is further amended in the first sentence of paragraph (2)(A) 
by striking ``completion of'' and inserting ``the President determines 
that such person has completed''.

SEC. 303. AMENDMENTS TO SECTION 107(A).

    (a) In General.--Section 107 (42 U.S.C. 9607) is amended by 
striking the section heading, the section designation, and subsection 
(a) and inserting the following:

``SEC. 107. LIABILITY.

    ``(a) General Rule.--
            ``(1) Persons liable.--Notwithstanding any other provision 
        or rule of law and subject only to the defenses set forth in 
        subsection (b) of this section and the exemptions set forth in 
        subsections (n) and (o), in the case of a facility or vessel 
        from which there is a release, or a threatened release, of a 
        hazardous substance that causes the incurrence of response 
        costs--
                    ``(A) the owner or operator of the vessel or the 
                facility,
                    ``(B) any person who at the time of disposal of any 
                hazardous substance owned or operated any facility at 
                which such hazardous substances were disposed of,
                    ``(C) any person who by contract, agreement, or 
                otherwise arranged for disposal or treatment, or 
                arranged with a transporter for transport for disposal 
                or treatment, of hazardous substances owned or 
                possessed by such person, by any other party or entity, 
                at any facility or incineration vessel owned or 
                operated by another party or entity and containing such 
                hazardous substances, and
                    ``(D) any person who accepts or accepted any 
                hazardous substances for transport to disposal or 
                treatment facilities, incineration vessels or sites 
                selected by such person,
        shall be liable for the cost and damages described in paragraph 
        (2).
            ``(2) Costs and damages.--The liability of a person under 
        paragraph (1) shall be for--
                    ``(A) all costs of removal or remedial action 
                incurred by the United States Government or a State or 
                an Indian tribe not inconsistent with the national 
                contingency plan;
                    ``(B) any necessary costs of response incurred by 
                any person (other than the United States, a State, or 
                an Indian tribe) consistent with the national 
                contingency plan;
                    ``(C) damages for injury to, destruction of, or 
                loss of natural resources, including the reasonable 
                costs of assessing such injury, destruction, or loss 
                resulting from the release; and
                    ``(D) the costs of any health assessment or health 
                effects study carried out under section 104(i).
            ``(3) Interest.--The amounts recoverable in an action under 
        this section shall include interest on the amounts recoverable 
        under paragraph (2). Such interest shall accrue from the later 
        of (A) the date payment of a specified amount is demanded in 
        writing, or (B) the date of the expenditure concerned. The rate 
        of interest on the outstanding unpaid balance of the amounts 
        recoverable under this section shall be the same rate as is 
        specified for interest on investments of the Hazardous 
        Substance Superfund established under subchapter A of chapter 
        98 of the Internal Revenue Code of 1986. For purposes of 
        applying such amendments to interest under this subsection, the 
        term `comparable maturity' shall be determined with reference 
        to the date on which interest accruing under this subsection 
        commences.''.
    (b) Conforming Amendments.--The Act is further amended--
            (1) in section 101 (42 U.S.C. 9601)--
                    (A) in paragraph (20) by striking ``section 
                107(a)(3) or (4)'' each place it appears and inserting 
                ``section 107(a)(1)(C) or 107(a)(2)(D)''; and
                    (B) in paragraph (35)(C) by striking ``107(a)(1)'' 
                and inserting ``107(a)(1)(A)'';
            (2) in section 107 (42 U.S.C. 9607)--
                    (A) in subsection (d)(3) by striking ``the 
                provisions of paragraph (1), (2), (3), or (4) of 
                subsection (a) of this section'' and inserting 
                ``subsection (a)'';
                    (B) in subsection (f)(1) by striking ``subparagraph 
                (C) of subsection (a)'' each place it appears and 
                inserting ``subsection (a)(2)(C)'';
                    (C) in subsection (l)(1) by striking ``paragraph 
                (1)'' and inserting ``paragraph (1)(A)''; and
                    (D) in subsection (m) by striking ``subsection 
                (a)(1)'' and inserting ``subsection (a)(1)(A)'';
            (3) in section 108(a)(1) (42 U.S.C. 9608(a)(1)) by striking 
        ``paragraph (1)'' and inserting ``paragraph (1)(A)'';
            (4) in section 114(c)(1) (42 U.S.C. 9614(c)(1))--
                    (A) by striking ``(a)(3) or (a)(4)'' and inserting 
                ``(a)(1)(C) or (a)(1)(D)''; and
                    (B) by striking ``(a)(1) or (a)(2)'' and inserting 
                ``(a)(1)(A) or (a)(1)(B)'';
            (5) in section 119(d) (42 U.S.C. 9619(d)) by striking 
        ``(1), (2), (3) or (4)'' and inserting ``(1)(A), (1)(B), 
        (1)(C), or (1)(D)'';
            (6) in section 122(j)(2) (42 U.S.C. 9622(j)(2)) by striking 
        ``107(a)(4)(C)'' and inserting ``107(a)(2)(C)''; and
            (7) in section 124(b)(2) (42 U.S.C. 9624(b)(2)) by striking 
        ``(1), (2), (3), or (4)'' and inserting ``(1)(A), (1)(B), 
        (1)(C), or (1)(D)''.

SEC. 304. INNOCENT PARTIES.

    (a) Liability Relief for Innocent Parties.--Section 107(b) (42 
U.S.C. 9607(b)) is amended to read as follows:
    ``(b) Defenses to Liability.--
            ``(1) In general.--There shall be no liability under 
        subsection (a) of this section for a person otherwise liable 
        who can establish by a preponderance of the evidence that the 
        release or threat of release of a hazardous substance and the 
        damages resulting therefrom were caused solely by--
                    ``(A) an act of God;
                    ``(B) an act of war;
                    ``(C) an act or omission of a third party other 
                than an employee or agent of the defendant, or than one 
                whose act or omission occurs in connection with a 
                contractual relationship, existing directly or 
                indirectly, with the defendant (except where the sole 
                contractual arrangement arises exclusively from a 
                contract for carriage by a common carrier by rail), if 
                the defendant establishes by a preponderance of the 
                evidence that (i) the defendant exercised due care with 
                respect to the hazardous substance concerned, taking 
                into consideration the characteristics of such 
                hazardous substance, in light of all relevant facts and 
                circumstances, and (ii) the defendant took precautions 
                against foreseeable acts or omissions of any such third 
                party and the consequences that could foreseeably 
                result from such acts or omissions; or
                    ``(D) any combination of acts or omissions 
                described in subparagraphs (A), (B), and (C).
            ``(2) Liability relief for innocent parties.--There shall 
        be no liability under subsection (a) of this section for a 
        person otherwise liable who can establish by a preponderance of 
        the evidence that such person is one or more of the following:
                    ``(A) Innocent owners or operators.--A person whose 
                liability is based solely on the person's status as a 
                current or former owner or operator of the facility or 
                vessel and who can establish by a preponderance of the 
                evidence that--
                            ``(i) the person did not, by any act or 
                        omission, cause or contribute to the release or 
                        threatened release of hazardous substances that 
                        caused the incurrence of response costs;
                            ``(ii) the person exercised due care with 
                        respect to the hazardous substances concerned, 
                        including precautions against foreseeable acts 
                        of third parties, taking into consideration the 
                        characteristics of such hazardous substances, 
                        in light of all relevant facts and 
                        circumstances; and
                            ``(iii) in any case in which the person 
                        acquired ownership of the facility or vessel 
                        after December 11, 1980, the person, prior to 
                        such acquisition, made all appropriate inquiry 
                        into the previous ownership and uses of the 
                        facility or vessel and any real property in 
                        accordance with the generally accepted 
                        commercial and customary standards and 
                        practices of the time of acquisition.
                    ``(B) Innocent recipients of property by 
                inheritance or bequest.--A person whose liability is 
                based solely on the person's status as a current or 
                former owner or operator of the facility or vessel and 
                who can establish by a preponderance of the evidence 
                that the person meets the requirements of clauses (i) 
                and (ii) of subparagraph (A) and that the person 
                acquired the property by inheritance or bequest.
                    ``(C) Innocent recipients of property by charitable 
                donation.--A person whose liability is based solely on 
                the person's status as a current or former owner or 
                operator of the facility or vessel and who can 
                establish by a preponderance of the evidence that the 
                person meets the requirements of clauses (i) and (ii) 
                of subparagraph (A) and the person holding title, 
                either outright or in trust, to the vessel or facility 
                is an organization described in section 501(c)(3) of 
                the Internal Revenue Code of 1986 and exempt from tax 
                under section 501(a) of such Code and holds such title 
as a result of a charitable donation that qualifies under section 170, 
2055, or 2522 of such Code.
                    ``(D) Innocent governmental entitles.--A person who 
                is a government entity, who acquired the facility by 
                escheat or through any other involuntary transfer or 
                acquisition or through the exercise of eminent domain 
                authority by purchase or condemnation, and who can 
                establish by a preponderance of the evidence that the 
                person meets the requirements of clauses (i) and (ii) 
                of subparagraph (A).
                    ``(E) Innocent construction contractors.--A person 
                who is a construction contractor (other than a response 
                action contractor covered by section 119) and who can 
                establish by a preponderance of the evidence that--
                            ``(i) the person's liability is based 
                        solely on construction activities that were 
                        specifically directed by and carried out in 
                        accordance with a contract with an owner or 
                        operator of the facility;
                            ``(ii) the person did not know or have 
                        reason to know of the presence of hazardous 
                        substances at the facility concerned before 
                        beginning construction activities; and
                            ``(iii) the person exercised due care with 
                        respect to the hazardous substances discovered 
                        in the course of performing the construction 
                        activity, including precautions against 
                        foreseeable acts of third parties, taking into 
                        consideration the characteristics of such 
                        hazardous substance, in light of all relevant 
                        facts and circumstances.
                    ``(F) Contiguous property owners.-- A person who 
                owns or operates real property which is contiguous to, 
                or onto which a release has migrated from, real 
                property on which there has been a release or 
                threatened release of a hazardous substance and who can 
                establish by a preponderance of the evidence that--
                            ``(i) the person meets the requirements of 
                        clauses (i) and (ii) of subparagraph (A); and
                            ``(ii) the person's real property is or may 
                        be contaminated by a release or threatened 
                        release of hazardous substances on property 
                        that is owned and operated by persons who are 
                        not affiliated with such person.
            ``(3) All appropriate inquiry.--
                    ``(A) Site-specific basis.--The determination 
                whether or not a person has made all appropriate 
                inquiry into the previous ownership and uses of a 
                facility or vessel within the meaning of paragraph 
                (2)(A)(iii) shall be made on a site-specific basis.
                    ``(B) Safe harbor.--A person who has acquired real 
                property shall be deemed to have made all appropriate 
                inquiry within the meaning of paragraph (2)(A)(iii) if 
                the person--
                            ``(i) establishes that an environmental 
                        site assessment has been conducted as described 
                        in subparagraph (C); and
                            ``(ii) maintains a compilation of the 
                        information reviewed and gathered in the course 
                        of the environmental site assessment.
                    ``(C) ASTM standard.--For purposes of subparagraph 
                (B), an environmental site assessment is an assessment 
                conducted in accordance with the standards set forth in 
                the American Society for Testing and Materials Standard 
                E1527-94, entitled `Standard Practice for Environmental 
                Site Assessments: Phase I Environmental Site Assessment 
                Process' or with alternative standards issued by rule 
                by the Administrator or promulgated or developed by 
                others and designated by rule by the Administrator.
            ``(4) Limitations.--No defense shall be available under 
        this subsection to--
                    ``(A) a person who obtained actual knowledge of a 
                release or threat of release of a hazardous substance 
                at a facility when such person owned the real property 
                and subsequently transferred ownership of the property 
                to another person without disclosing such knowledge;
                    ``(B) a person who knowingly and willfully impedes 
                the performance of a response action or natural 
                resource restoration at the facility;
                    ``(C) a person who did not provide all legally 
                required notices with respect to the discovery or 
                release of any hazardous substances at the facility; 
                and
                    ``(D) a person (other than a person described in 
                paragraph (2)(B)) who is affiliated with any other 
                person liable for 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 or by a contract for the sale of goods or services.
            ``(5) Windfall liens.--
                    ``(A) In general.--In any case in which there are 
                unrecovered response costs incurred by the United 
                States at a facility for which an owner of the facility 
                is not liable by reason of paragraph (2), and the 
                conditions described in subparagraph (C) are met, the 
                United States shall have a lien upon such facility for 
                such unrecovered costs.
                    ``(B) Special rules.--A lien under this paragraph--
                            ``(i) 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;
                            ``(ii) shall arise at the time costs are 
                        first incurred by the United States with 
                        respect to a response action at the facility;
                            ``(iii) shall be subject to the 
                        requirements for notice and validity 
                        established in paragraph (3) of subsection (l); 
                        and
                            ``(iv) shall continue until the earlier of 
                        satisfaction of the lien or recovery of all 
                        response costs incurred at the facility.
                    ``(C) Conditions.--The conditions referred to in 
                subparagraph (A) are the following:
                            ``(i) A response action for which there are 
                        unrecovered costs is carried out at the 
                        facility.
                            ``(ii) Such response action increases the 
                        fair market value of the facility above the 
                        fair market value of the facility that existed 
                        in the 6-month period preceding the date that 
                        response action began.
                    ``(D) Limitations.--No lien under this paragraph 
                shall arise (i) with respect to property for which the 
                property owner preceding the current owner is not a 
                liable party or has resolved its liability under this 
                Act, or (ii) in any case in which an environmental 
                assessment gave the owner or operator no reason to know 
                of the release of hazardous substances.''.
    (c) Conforming Amendment to Definitions.--Section 101 (42 U.S.C. 
9601) is amended by striking paragraph (35).

SEC. 305. LIABILITY RELIEF FOR SMALL BUSINESSES AND DE MINIMIS PARTIES.

    (a) Limitation on Liability for Small Businesses.--Section 107 (42 
U.S.C. 9607) is amended by adding at the end the following new 
subsection:
    ``(n) Limitation on Liability for Small Businesses.--
            ``(1) In general.--With respect to actions taken before 
        October 23, 1997, a small business concern may be liable under 
        subsection (a) for response costs or damages at a facility or 
        vessel on the National Priorities List only if--
                    ``(A) the small business concern is an owner or 
                operator or former owner or operator of the facility or 
                vessel and the hazardous substances disposed of at the 
                facility or vessel during the small business concern's 
                ownership or operation contributed significantly, or 
                could contribute significantly, to the cost of a 
                response or to natural resources damages at the 
                facility or vessel; or
                    ``(B) the small business concern is an arranger or 
                transporter for disposal and the hazardous substances 
                the person arranged for disposal or transported for 
                disposal at the facility or vessel contributed 
                significantly, or could contribute significantly, to 
                the cost of a response or to natural resources damages 
                at the facility or vessel.
            ``(2) Small business concern defined.--In this subsection, 
        the term `small business concern' means a business entity 
        that--
                    ``(A) on average over the previous 3 years, has no 
                more than 75 full-time employees or the equivalent 
                thereof; and
                    ``(B) in its taxable year preceding the date of 
                notification by the President that the business entity 
                is a potential responsible party, has $3,000,000 or 
                less in gross revenues or a net profit margin of less 
                than 3 percent.''.
    (b) De Minimis Thresholds for Superfund Liability.--Section 107 is 
further amended by adding at the end the following:
    ``(o) De Minimis Liability Thresholds.--
            ``(1) Arranger or transporter.--Subject to paragraph (4), 
        with respect to actions taken before October 23, 1997, a person 
that arranged or transported for the disposal at a facility on the 
National Priorities List shall not be liable for response costs or 
damages under subsection (a)(1)(C) or (a)(1)(D) to the extent that 
materials containing hazardous substances that the person arranged or 
transported for such disposal consist of de minimis toxicity materials 
or de minimis volume materials.
            ``(2) Owner or operator.--Subject to paragraph (4), with 
        respect to actions taken before October 23, 1997, a person that 
        owned or operated a facility on the National Priorities List 
        shall not be liable for response costs or damages under 
        subsection (a)(1)(A) or (a)(1)(B) if the materials containing 
        hazardous substances that were disposed of at the facility 
        during the person's ownership or operation of the facility 
        consist only of de minimis toxicity materials or de minimis 
        volume materials.
            ``(3) Mixtures of exempt materials.--The determinations 
        under paragraphs (1) and (2) of whether or not a person is 
        liable for response costs or damage shall be made without 
        regard to whether de minimis toxicity materials are mixed with 
        de minimis volume materials or de minimis volume materials are 
        mixed with de minimis toxicity materials.
            ``(4) Limitation.--If de minimis volume materials disposed 
        of at a facility contribute significantly, or could contribute 
        significantly to the cost of response or to natural resource 
        damages at the facility, paragraphs (1) and (2) shall not apply 
        to the person who arranged for disposal at the facility or 
        transported the materials to the facility for disposal or who 
        owned or operated the facility at the time of disposal.
            ``(5) Definitions.--In this section, the following 
        definitions apply:
                    ``(A) De minimis toxicity materials.--The term `de 
                minimis toxicity materials' means--
                            ``(i) municipal solid waste;
                            ``(ii) municipal sewage sludge; or
                            ``(iii) materials that, regardless of 
                        whether the source is a household, institution, 
                        commercial enterprise, industrial facility, or 
                        any other generator, contains concentrations of 
                        hazardous substances that are no greater than, 
                        and no more toxic than, such municipal solid 
                        waste.
                    ``(B) De minimis volume materials.--The term `de 
                minimis volume materials' means--
                            ``(i) conditionally exempt small quantity 
                        generator waste under regulations issued 
                        pursuant to section 3001(d) of the Solid Waste 
                        Disposal Act (42 U.S.C. 6921(d)), regardless of 
                        when generated; or
                            ``(ii) materials that are not subject to 
                        regulation under subtitle C of such Act, 
                        regardless of when generated, and that 
                        constitute less than 1 percent of the volume of 
                        those materials disposed of at the facility or 
                        vessel that are not de minimis toxicity 
                        materials.
                    ``(C) Municipal sewage sludge.--The term `municipal 
                sewage sludge' means solid, semisolid, or liquid 
                residue removed during the treatment of municipal waste 
                water, domestic sewage, or other waste water at or by 
                publicly owned treatment works, federally owned 
                treatment works, or treatment works that, regardless of 
                ownership, primarily treat municipal waste water or 
                domestic sewage.
                    ``(D) Municipal solid waste.--The term `municipal 
                solid waste' means all waste materials generated by 
                households, including single and multi-family 
                residences, and hotels and motels, and waste materials 
                generated by commercial, institutional, and industrial 
                sources, to the extent such materials (i) are 
                substantially similar to waste materials normally 
                generated by households, notwithstanding differences in 
                volume, or (ii) are collected and disposed of with 
                other municipal solid waste or municipal sewage sludge 
                as part of normal municipal solid waste collection 
                services. The term includes food and yard waste, paper, 
                clothing, appliances, consumer product packaging, 
                disposable diapers, office supplies, cosmetics, glass 
                and metal food containers, elementary or secondary 
                school science laboratory waste, and household 
                hazardous waste. The term does not include combustion 
                ash generated by resource recovery facilities or 
                municipal incinerators or waste the disposal of which 
                is regulated under subtitle C of the Solid Waste 
                Disposal Act, regardless of when generated.''.
    (c) Ineligibility for Exemptions.--Section 107 is further amended 
by adding at the end the following:
    ``(p) Ineligibility for Exemptions.--
            ``(1) Impeding response or restoration.--The exemptions and 
        limitations set forth in subsections (n) and (o) and section 
        127 shall not apply to any person with respect to a facility if 
        such person impedes the performance of a response action or 
        natural resource restoration at the facility.
            ``(2) Failure to respond to information request.--The 
        exemptions and limitations set forth in subsections (n) and (o) 
        and section 127 shall not apply to any person who--
                    ``(A) willfully fails to submit a complete and 
                timely response to an information request under section 
                104(e) or 128(i)(2); or
                    ``(B) knowingly makes any false or misleading 
                material statement or representation in any such 
                response.
            ``(3) Failure to provide cooperation and facility access.--
        The exemptions and limitations set forth in subsections (n) and 
        (o) and section 127 shall not apply to any owner or operator of 
        a facility who does not provide reasonable cooperation and 
        facility access to persons authorized to conduct response 
        actions at the facility.''.
    (d) Small Business Ombudsman.--The Administrator shall establish a 
small business Superfund assistance section within the small business 
ombudsman office at the Environmental Protection Agency. Such section 
shall carry out the following functions:
            (1) Act as a clearinghouse of information for small 
        businesses regarding the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980. Such information shall 
        be comprehensible to a lay person and shall include information 
        regarding the exemptions to liability under section 107 of such 
        Act, the allocation process under section 128 of such Act, 
        requirements and procedures for expedited settlements pursuant 
        to section 122(g) of such Act, and de minimis status and 
        ability-to-pay procedures.
            (2) Provide general advice and assistance to small 
        businesses as to their questions and problems concerning 
        liability and the exemptions to liability under such Act and 
        the allocation and settlement processes, except that such 
        advice and assistance shall not include any legal advice as to 
        liability or any other legal representation. The ombudsman 
        shall not participate in the allocation process.

SEC. 306. AMENDMENTS TO SECTION 113.

    (a) Petitions.--Section 113(a) (42 U.S.C. 9613(a)) is amended as 
follows:
            (1) By striking ``upon application by any interested 
        person'' and inserting ``by any interested person through the 
        filing of a petition for review''.
            (2) By striking ``application shall be made'' and inserting 
        ``petition shall be filed''.
    (b) Period in Which Action May Be Brought.-- Section 113(g) (42 
U.S.C. 9613(g)) is amended by striking paragraphs (2) and (3) and 
inserting the following:
            ``(2) Actions for recovery of costs.--(A) Except as 
        provided in subparagraph (C), an initial action for recovery of 
        costs referred to in section 107 must be commenced--
                    ``(i) for a removal action, within 3 years after 
                completion of all removal action taken with respect to 
                the facility, including off-site disposal of any 
                removed materials, except that if physical on-site 
                construction of the remedial action is initiated within 
                3 years after the completion of all removal action 
                taken with respect to the facility, costs incurred for 
                removal action may be recovered in a cost recovery 
                action brought under clause (ii); and
                    ``(ii) for a remedial action, within 6 years after 
                initiation of physical on-site construction of the 
                remedial action.
            ``(B) In any such action described in this paragraph, the 
        court shall enter a declaratory judgment on liability for 
        response costs or damages that will be binding in such action 
        or in any subsequent action or actions to recover further 
        response costs or damages. A subsequent action or actions under 
        section 107 for further response costs at the vessel or 
        facility may be maintained at any time during the response 
        action, but must be commenced no later than 3 years after the 
        date of completion of all response action. Except as otherwise 
        provided in this paragraph, an action may be commenced under 
        section 107 for recovery of costs at any time after such costs 
        have been incurred.
            ``(C) An action by any potentially responsible party 
        against another potentially responsible party for recovery of 
        any response costs or damages must be commenced within the 
        later of--
                    ``(i) the time limitations set forth in 
                subparagraph (A); or
                    ``(ii) where recovery is sought for costs or 
                damages paid pursuant to a judgment or settlement, 3 
                years after--
                            ``(I) the date of judgment in any action 
                        under this Act for recovery of such costs or 
                        damages; or
                            ``(II) the date of any administrative order 
                        or judicial settlement for recovery of the 
                        costs or damages paid or incurred pursuant to 
                        such a settlement.''.
    (c) Limitations on Contribution Actions.--Section 113(f) (42 U.S.C. 
9613(f)) is amended as follows:
            (1) In paragraph (1)--
                    (A) by striking ``Any person'' in the first 
                sentence and inserting ``Except as provided in 
                paragraph (4), any person who is liable or potentially 
                liable under section 107(a)'';
                    (B) by striking ``, during or following any civil 
                action under section 106 or under section 107(a).'' and 
                inserting ``in a claim asserted under section 
                107(a).'';
                    (C) by striking ``this section'' in the second 
                sentence and inserting ``section 107(a), this 
                section,''; and
                    (D) by striking the sentence beginning with 
                ``Nothing in this subsection''.
            (2) By striking paragraph (2) and inserting the following:
            ``(2) Settlements.--A person who has resolved its liability 
        to the United States in an administrative or judicially 
        approved settlement shall not be liable for contribution or any 
        other claims by any person other than a State acting under 
        section 107(a)(2)(A) (and not as a potentially responsible 
        party) regarding response actions, response costs, or damages 
        addressed in the settlement. A person who has resolved its 
        liability to a State or an Indian tribe in an administrative or 
        judicially approved settlement shall not be liable for 
        contribution or any other claims by persons other than the 
        United States Government acting under section 107(a)(2)(A) (and 
        not as a potentially responsible party) regarding response 
        actions, response costs or damages addressed in the settlement 
        for which the State or Indian tribe has a claim under this 
        title. Such settlement does not discharge any other potentially 
        responsible persons unless its terms so provide, but it reduces 
        the potential liability of such other persons by the amount of 
        the settlement. The protection afforded by this subsection 
        shall include protection against claims, under Federal or State 
        law, that may be asserted against the settling party for 
        recovery of response costs or damages incurred or paid by 
        another person, if such costs or damages are addressed in the 
        settlement, but shall not include protection against claims 
        based on contractual indemnification or other express 
        contractual agreements to pay such costs or damages.''.
            (3) By adding at the end the following new paragraph:
            ``(4) Limitations on contribution actions.--(A) There shall 
        be no right of contribution under this subsection in any of the 
        following circumstances:
                    ``(i) The person asserting the right of 
                contribution has waived the right in a settlement 
                pursuant to this Act.
                    ``(ii) The person from whom contribution is sought 
                is not liable under this Act.
                    ``(iii) The person from whom contribution is sought 
                has entered into a settlement with the United States 
                pursuant to section 122(g), with respect to matters 
                addressed in that settlement.
            ``(B) Any person who commences an action for contribution 
        shall be liable to the person against whom the claim of 
        contribution is brought for all reasonable costs of defending 
        against the claim, including all reasonable attorneys' and 
        expert witness fees, if--
                    ``(i) the action is barred by subparagraph (A);
                    ``(ii) the action is brought against a person who 
                is protected from such suits pursuant to section 
                113(f)(2) by reason of a settlement with the United 
                States; or
                    ``(iii) the action is brought during the moratorium 
                pursuant to section 128 (relating to allocation).''.

SEC. 307. LIABILITY OF RESPONSE ACTION CONTRACTORS.

    (a) Extension of Negligence Standard.--Subsection (a) of section 
119 (42 U.S.C. 9619(a)) is amended as follows:
            (1) In paragraph (1) by striking ``title or under any other 
        Federal law'' and inserting ``title, under any other Federal 
        law or under the law of any State or political subdivision of a 
        State''.
            (2) By adding at the end of paragraph (1) the following: 
        ``Notwithstanding the preceding sentence, this section shall 
not apply in determining the liability of a response action contractor 
under the law of any State or political subdivision thereof if the 
State has enacted a law determining the liability of a response action 
contractor.''.
            (3) By adding at the end of paragraph (2) the following: 
        ``Such conduct shall be evaluated based on the generally 
        accepted standards and practices in effect at the time and 
        place that the conduct occurred.''.
    (b) Clarification of Liability.--Section 119(a) (42 U.S.C. 9219(a)) 
is amended by inserting after paragraph (4) the following:
            ``(5) Liability.--Notwithstanding any other provision of 
        this Act, any liability of a response action contractor under 
        this Act shall be determined solely in accordance with this 
        section.''.
    (c) Extension of Indemnification Authority.--Section 119(c) is 
amended by adding at the end of paragraph (1) the following: ``Any such 
agreement may apply to claims for negligence arising under Federal law 
or under the law of any State or political subdivision of a State.''.
    (d) Indemnification for Threatened Releases.--Section 119(c)(5) is 
amended in subparagraph (A) by inserting ``or threatened release'' 
after ``release'' each place it appears.
    (e) Extension of Coverage to All Response Actions.--Section 
119(e)(1) is amended as follows:
            (1) By striking ``carrying out an agreement under section 
        106 or 122''.
            (2) By striking ``any remedial action under this Act at a 
        facility listed on the National Priorities List, or any removal 
        action under this Act,'' and inserting ``any response as 
        defined by section 101(25),''.
    (f) Extension Relating to Sureties.--Section 119 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''.
    (g) Limitation on Actions.--Section 119 is amended by adding at the 
end the following:
    ``(h) Limitation on Actions Against Response Action Contractors.--
No action to recover for any injury to property, real or personal, or 
for bodily injury or wrongful death, or any other expenses or costs 
arising out of the performance of services under a response action 
contract, nor any action for contribution or indemnity for damages 
sustained as a result of such injury, shall be brought against any 
response action contractor more than 6 years after the completion of 
work at any site under such contract. Notwithstanding the preceding 
sentence, this section shall not--
            ``(1) bar recovery for a claim caused by the conduct of the 
        response action contractor that is grossly negligent or that 
        constitutes intentional misconduct;
            ``(2) affect any right of indemnification that such 
        response action contractor may have under this section or may 
        acquire by written agreement with any party; or
            ``(3) apply in any State or political subdivision thereof 
        if the State has enacted a statute of repose determining the 
        liability of a response action contractor.''.

SEC. 308. AMENDMENTS TO SECTION 122.

    (a) Enhancement of Settlement Authorities.--Section 122 (42 U.S.C. 
9622) is amended as follows:
            (1) By striking the last 2 sentences of subsection (a).
            (2) By adding at the end of subsection (d)(1) the 
        following:
                    ``(D) Dispute resolution.--Any consent decree shall 
                require the parties to attempt expeditiously to resolve 
                disagreements concerning implementation of the remedial 
                action informally with the appropriate Federal and 
                State agencies. Each consent decree shall provide 
                authority for the Federal district court with 
                jurisdiction over the decree to resolve any 
                disagreements not resolved by the parties.''.
            (3) By adding at the end of subsection (e)(1) the 
        following:
                    ``(D) For each potentially responsible party, the 
                evidence that indicates that each element of liability 
                contained in section 107(a) is present.''.
            (4) By striking paragraph (6) of subsection (e) and 
        inserting the following:
            ``(6) Notification of procedures not used.--If the 
        President decides not to use the procedures in this section, 
        the President shall notify in writing potentially responsible 
        parties at the facility of such decision and the reasons why 
        use of the procedures is inappropriate. A decision of the 
        President to use or not to use the procedures in this section 
        is not subject to judicial review.''.
            (5) By adding at the end the following:
    ``(n) Inconsistent Response Action.--When either the President, or 
a potentially responsible party pursuant to an administrative order or 
consent decree under this Act, has initiated a remedial investigation 
and feasibility study for a particular facility under this Act, no 
potentially responsible party may undertake any response action at the 
facility unless such response action has been authorized by the 
President or the State under applicable law.
    ``(o) Retention of Funds.--
            ``(1) Interest bearing accounts.--If, as part of any 
        settlement agreement under this Act, a potentially responsible 
        party will be paying amounts to the President for carrying out 
        any response action, the President may retain such amounts in 
        interest bearing accounts, and use such amounts, together with 
        accrued interest, without further appropriation, to conduct or 
        enable other persons to conduct such response action.
            ``(2) Financial instruments.--If, as part of any settlement 
        agreement for carrying out a response action under this Act, a 
        potentially responsible party will be paying amounts to the 
        President, the Administrator is authorized to accept ownership 
        of a financial instrument running irrevocably to the benefit of 
        the United States to conduct, or enable other persons to 
        conduct, such response actions. For the purposes of this 
        paragraph, the term `financial instrument' means an annuity 
        contract, funding agreement, or similar instrument acceptable 
        to the Secretary of the Treasury, that is purchased by one or 
        more potentially responsible parties, and has a defined 
        schedule of periodic payments which coincides with the 
        obligations set forth in the settlement agreement. Periodic 
        payments under such a financial instrument will be made to the 
        owner, or as the owner directs, for response costs at the 
        facility which is the subject of the settlement agreement.
    ``(p) Challenge to Cost Recovery Component of Settlement.--
Notwithstanding the limitations on review in section 113(h), and except 
as provided in subsection (g) of this section, a person whose potential 
claim for response costs or contribution is limited as a result of 
contribution protection afforded by an administrative settlement under 
this section may challenge the cost recovery component of such 
settlement. Such a challenge may be made only by filing a complaint 
against the Administrator in the United States District Court within 60 
days after such settlement becomes final. Venue shall lie in the 
district in which the principal office of the appropriate region of the 
Environmental Protection Agency is located. Any review of an 
administrative settlement shall be limited to the administrative 
record, and the settlement shall be upheld unless the objecting party 
can demonstrate on that record that the decision of the President to 
enter into the administrative settlement was arbitrary, capricious, or 
otherwise not in accordance with law.
    ``(q) Unsuccessful Challengers Liable for Attorneys' Fees.--Any 
party who challenges any settlement entered into between the President 
and any potentially responsible party under this Act, and who is not 
successful in overturning or modifying the settlement, shall be liable 
to the United States and any settling party for all reasonable 
attorneys' fees and costs incurred in defending the settlement.''.
    (b) Mixed Funding.--Paragraph (1) of section 122(b) (42 U.S.C. 
9622(b)) is amended to read as follows:
            ``(1) Mixed funding.--
                    ``(A) Settlements.--Where an agreement under this 
                section requires parties to the agreement to perform 
                response actions at sites on the National Priorities 
                List the costs of which will exceed the aggregate 
                equitable shares of response costs of the parties to 
                the agreement, the President shall reimburse such 
                parties from the Fund for such costs, in proportion to 
                their percentage equitable shares of response costs, as 
                determined under section 128, or as agreed to by the 
                parties and the President. If such agreement was 
                entered into before October 23, 1997, the President's 
                obligation to provide reimbursement under this 
                subparagraph shall apply as provided in section 311 of 
                the Superfund Acceleration, Fairness, and Efficiency 
                Act.
                    ``(B) Administrative orders.--Where an 
                administrative order under section 106 requires parties 
                receiving the order to perform response actions at 
                sites on the National Priorities List the cost of which 
                will exceed the aggregate equitable shares of response 
                costs of the parties receiving the order, the President 
                shall reimburse such parties from the Fund for such 
                costs, in proportion to their percentage equitable 
                shares or response costs, as determined under section 
                128, or as agreed to by the parties and the President. 
                If such order was issued before October 23, 1997, the 
                President's obligation to provide reimbursement under 
                this subparagraph shall apply as provided in section 
                311 of the Superfund Acceleration, Fairness, and 
                Efficiency Act.
                    ``(C) Cost recovery.--In any case in which the 
                President provides funding under subparagraph (A) or 
                (B) (referred to in this paragraph as `mixed funding'), 
                the President shall make all reasonable efforts to 
                recover the amount of such monies under section 107 or 
                under other relevant authorities from persons who are 
                liable for such costs under section 107(a) and are not 
                parties to the settlement agreement. The provision of 
                mixed funding shall not be contingent on the recovery 
                by the United States of response costs from such 
                persons.
                    ``(D) Payment.--Mixed funding shall be paid out 
                during the course of the response action, using 
                reasonable progress payments at significant milestones. 
                A reimbursement payment is subject to equitable offset 
                or recoupment by the Administrator at any time the 
                party fails to perform the work in a proper and timely 
                manner.
                    ``(E) Source of funds.--Payments made under this 
                paragraph shall be paid from amounts made available by 
                section 111(a)(1). If funds are unavailable in any 
                fiscal year to provide all payments required under this 
                paragraph, the President may delay payment until funds 
                are available. Interest shall be paid on 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. Priority shall be given based on timing of 
                completion of the response actions for which 
                reimbursement is sought. The President's decisions 
                regarding availability and priority of funding in any 
                fiscal year shall not be subject to judicial review.''.
    (c) Reviewability.--Section 122(b) (42 U.S.C. 9622(b)) is amended--
            (1) by striking paragraphs (2) and (3); and
            (2) by redesignating paragraph (4) as paragraph (2).
    (d) Final Covenants.--Section 122(f) is amended as follows:
            (1) By striking paragraph (1) and inserting the following:
            ``(1) Final covenants.--The President shall offer 
        potentially responsible parties who enter into settlement 
        agreements that are in the public interest a final covenant not 
        to sue concerning any liability to the United States under this 
        Act, including a covenant with respect to future liability, for 
        response actions or response costs addressed in the settlement, 
        if all of the following conditions are met:
                    ``(A) The settling party agrees to perform, or 
                there are other adequate assurances of the performance 
                of, a final remedial action authorized by the 
                Administrator for the release or threat of release that 
                is the subject of the settlement.
                    ``(B) The settlement agreement has been reached 
                prior to the commencement of litigation against the 
                settling party under section 106 or 107 of this Act 
                with respect to this facility.
                    ``(C) The settling party waives all contribution 
                rights against other potentially responsible parties at 
                the facility.
                    ``(D) The settling party pays a premium that 
                compensates for the risks of remedy failure; future 
                liability resulting from unknown conditions; and 
                unanticipated increases in the cost of any uncompleted 
                response action, unless the settling party is 
                performing the response action. The President shall 
                have sole discretion to determine the appropriate 
                amount of any such premium, and such determinations are 
                committed to the President's discretion. The President 
                has discretion to waive or reduce the premium payment 
                for persons who demonstrate an inability to pay such a 
                premium.
                    ``(E) The remedial action does not rely on 
                institutional controls to ensure continued protection 
                of human health and the environment.
                    ``(F) The settlement is otherwise acceptable to the 
                United States.''.
            (2) In paragraph (2) by striking ``remedial'' each place it 
        appears and inserting ``response''.
            (3) By striking paragraph (3) and inserting the following:
            ``(3) Discretionary covenants.--For settlements under this 
        Act for which covenants under paragraph (1) are not available, 
        the President may, in his discretion, provide any person with a 
        covenant not to sue concerning any liability to the United 
        States under this Act, if the covenant not to sue is in the 
        public interest. Such covenants shall be subject to the 
        requirements of paragraph (5). The President may include any 
        conditions in such covenant not to sue, including the 
        additional condition referred to in paragraph (5). In 
        determining whether such conditions or covenants are in the 
        public interest, the President shall consider the nature and 
        scope of the commitment by the settling party under the 
        settlement, the effectiveness and reliability of the response 
        action, the nature of the risks remaining at the facility, the 
        strength of evidence, the likelihood of cost recovery, the 
        reliability of any response action or actions to restore, 
        replace, or acquire the equivalent of injured natural 
        resources, the extent to which performance standards are 
        included in the order or decree, the extent to which the 
        technology used in the response action is demonstrated to be 
        effective, and any other factors relevant to the protection of 
        human health and the environment.''.
            (4) By striking paragraph (4) and redesignating paragraphs 
        (5) and (6) as paragraphs (4) and (5), respectively.
            (5) In subparagraph (A) of paragraph (5) (as so 
        redesignated)--
                    (A) by striking ``remedial'' and inserting 
                ``response'';
                    (B) by striking ``paragraph (2)'' in the first 
                sentence and inserting ``paragraph (1) or (2)'';
                    (C) by striking ``de minimis settlements'' and 
                inserting ``de minimis and other expedited settlements 
                pursuant to subsection (g) of this section''; and
                    (D) by striking ``the President certifies under 
                paragraph (3) that remedial action has been completed 
                at the facility concerned'', and inserting ``that the 
                response action that is the subject of the settlement 
                agreement is selected''.
            (6) In subparagraph (B) of paragraph (5) (as so 
        redesignated)--
                    (A) by striking ``In extraordinary circumstances, 
                the'' and inserting ``The'';
                    (B) by striking ``those referred to in paragraph 
                (4) and'';
                    (C) by striking ``if other terms,'' and inserting 
                ``, if the agreement containing the covenant not to sue 
                provides for payment of a premium to address possible 
                remedy failure or any releases that may result from 
                unknown conditions, and if other terms,''; and
                    (D) by adding at the end the following: ``The 
                President may waive or reduce the premium payment for 
                persons who demonstrate an inability to pay such a 
                premium.''.
    (e) Expedited Final Settlements.--Section 122 is further amended as 
follows:
            (1) In subsection (g) by striking ``(g)'' and all that 
        follows through the period at the end of subparagraph (A) of 
        paragraph (1) and inserting the following:
    ``(g) Expedited Final Settlement.--
            ``(1) Parties eligible for expedited settlement.--The 
        President shall, as promptly as possible, offer to reach a 
        final administrative or judicial settlement with potentially 
        responsible parties who, in the judgment of the President, meet 
        one or more of the following conditions for eligibility for an 
        expedited settlement:
                    ``(A) The potentially responsible party's 
                individual contribution to the release of hazardous 
                substances at the facility as an owner or operator, 
                arranger for disposal, or transporter for disposal is 
                de minimis. The contribution of hazardous substance to 
                a facility by a potentially responsible party is de 
                minimis if both of the following conditions are met:
                            ``(i) The potentially responsible party's 
                        volumetric contribution of materials containing 
                        hazardous substances is minimal in comparison 
                        to the total volumetric contributions of 
                        materials containing hazardous substances at 
                        the facility; such individual contribution is 
                        presumed to be minimal if it is one percent or 
                        less of the total volumetric contribution at 
                        the facility, unless the Administrator 
                        identifies a different threshold based on site-
                        specific factors.
                            ``(ii) The potentially responsible party's 
                        hazardous substances do not present toxic or 
                        other hazardous effects that are significantly 
                        greater than those of other hazardous 
                        substances at the facility.''.
            (2) In subsection (g) by inserting after subparagraph (B) 
        of paragraph (1) the following:
                    ``(C)(i) The potentially responsible party is a 
                natural person, a small business, or a municipality and 
                can demonstrate to the United States an inability or 
                limited ability to pay response costs. A party who 
                enters into a settlement pursuant to this subparagraph 
                shall be deemed to have resolved its liability under 
                this Act to the United States for all matters addressed 
                in the settlement.
                    ``(ii) For purposes of this subparagraph, the 
                following provisions apply:
                            ``(I) In the case of a small business, the 
                        President shall take into consideration the 
                        ability to pay of the business, if requested by 
                        the business. The term `ability to pay' means 
                        the President's reasonable expectation of the 
                        ability of the small business to pay its total 
                        settlement amount and still maintain its basic 
                        business operations. Such consideration shall 
                        include the business's overall financial 
                        condition and demonstrable constraints on its 
                        ability to raise revenues.
                            ``(II) Any business requesting such 
                        consideration shall promptly provide the 
                        President with all relevant information needed 
                        to determine the business's ability to pay.
                            ``(III) If the President determines that a 
                        small business is unable to pay its total 
                        settlement amount immediately, the President 
                        shall consider alternative payment methods as 
                        may be necessary or appropriate. The methods to 
                        be considered may include installment payments 
                        to be paid during a period of not to exceed 10 
                        years and the provision of in-kind services.
                    ``(iii) Any municipality which is a potentially 
                responsible party may submit for consideration by the 
                President an evaluation of the potential impact of the 
                settlement on essential services that the municipality 
                must provide, and the feasibility of making delayed 
                payments or payments over time. If a municipality 
                asserts that it has additional environmental 
                obligations besides its potential liability under this 
                Act, then the municipality may create a list of the 
                obligations, including an estimate of the costs of 
                complying with such obligations.
                    ``(iv) Any municipality which is a potentially 
                responsible party may establish an inability to pay 
                through an affirmative showing that such payment of its 
                liability under this Act would either--
                            ``(I) create a substantial demonstrable 
                        risk that the municipality would default on 
                        existing debt obligations, be forced into 
                        bankruptcy, be forced to dissolve, or be forced 
                        to make budgetary cutbacks that would 
                        substantially reduce current levels of 
                        protection of public health and safety; or
                            ``(II) necessitate a violation of legal 
                        requirements or limitations of general 
                        applicability concerning the assumption and 
                        maintenance of fiscal municipal obligations.
                    ``(v) This subparagraph does not limit or affect 
                the President's authority to evaluate any person's 
                ability to pay or to enter into settlements with any 
                person based on that person's inability to pay.''.
            (3) By striking paragraphs (2) and (3) of subsection (g) 
        and inserting the following:
            ``(2) Basis of determination.--Any person who enters into a 
        settlement pursuant to this subsection shall provide any 
        information requested by the President or by an allocator in 
        accordance with section 128(l)(1) or section 104(e). The 
        determination of whether a person is eligible for an expedited 
        settlement shall be made on the basis of all information 
        available to the President at the time the determination is 
        made. The President's determination as to the eligibility of a 
        party that is not a department, agency, or instrumentality of 
        the United States for settlement pursuant to this section shall 
        not be subject to judicial review. If the President determines 
        that a party is not eligible for a settlement pursuant to this 
        section, the President shall explain the basis for that 
        determination in writing to any person who requests such a 
        settlement.
            ``(3) Additional factors relevant to settlements with 
        municipalities.--In any settlement with a municipality pursuant 
        to this Act, the President may take additional equitable 
        factors into account in determining an appropriate settlement 
        amount, including the limited resources available to that 
        party, and any in-kind services that the party may provide to 
        support the response action at the facility. In considering the 
        value of in-kind services, the President shall consider the 
        fair market value of those services.''.
            (4) In subsection (g)(4) by striking ``$500,000'' and 
        inserting ``$2,000,000''.
            (5) By striking paragraph (5) of subsection (g) and 
        inserting the following:
            ``(5) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Municipality.--The term `municipality' means 
                a political subdivision of a State, including a city, 
                county, village, town, township, borough, parish, 
                school district, sanitation district, water district, 
                or other public entity performing local governmental 
                functions. The term also includes a natural person 
                acting in the capacity of an official, employee, or 
                agent of any entity referred to in the preceding 
                sentence in the performance of governmental functions.
                    ``(B) Small business.--The term `small business' 
                refers to any business entity that employs no more than 
                100 individuals and is a `small business concern' as 
                defined under the Small Business Act (15 U.S.C. 631 et 
                seq.).''.
            (6) In subsection (h)--
                    (A) by striking the subsection heading and 
                inserting the following: ``Authority To Settle Claims 
                for Fines, Civil Penalties, Punitive Damages, and Cost 
                Recovery.--'';
                    (B) by striking ``costs incurred'' in the first 
                sentence of paragraph (1) and inserting ``past and 
                future costs incurred or that may be incurred'':
                    (C) by inserting after ``if the claim has not been 
                referred to the Department of Justice for further 
                action.'' in the first sentence of paragraph (1) the 
                following: ``The head of any department or agency with 
                the authority to seek fines, civil penalties, or 
                punitive damages under this Act may consider, 
                compromise, and settle claims for any such fines, civil 
                penalties, or punitive damages which may otherwise be 
                assessed in civil administrative or judicial 
                proceedings if the claim has not been referred to the 
                Department of Justice for further action. If the total 
                claim for response costs, fines, civil penalties, or 
                punitive damages exceeds $3,000,000, such claim may be 
                compromised and settled only with the prior written 
                approval of the Attorney General.'';
                    (D) by striking ``$500,000 (excluding interest), 
                any claim referred to in the preceding sentence'' in 
                the second sentence of paragraph (1) and inserting 
                ``$2,000,000 (excluding interest), any claim for 
                response costs referred to in this subsection''; and
                    (E) by striking paragraph (4).

SEC. 309. CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS.

    Title I (42 U.S.C. 9601 et seq.) is amended by adding at the end 
the following:

``SEC. 127. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--As provided in subsections (b), 
(c), (d), (e), and (f), a person who arranged for the recycling of 
recyclable material or transported such material shall not be liable 
under sections 107(a)(1)(C) and 107(a)(1)(D) with respect to a facility 
on the National Priorities List.
    ``(b) Recyclable Material Defined.--For purposes of this section, 
the term `recyclable material' means--
            ``(1) scrap paper, plastic, glass, textiles, rubber (other 
        than whole tires), and metal, as well as minor amounts of 
        material incident to or adhering to the scrap material as a 
        result of its normal and customary use prior to becoming scrap;
            ``(2) spent lead-acid, spent nickel-cadmium, and other 
        spent batteries; and
            ``(3) used oil.
    ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles, 
or Rubber.--
            ``(1) In general.--Transactions involving scrap paper, 
        scrap plastic, scrap glass, scrap textiles, or scrap rubber 
        (other than whole tires) shall be deemed to be arranging for 
        recycling if the person who arranged for the transaction (by 
        selling recyclable material or otherwise arranging for the 
        recycling of recyclable material) can demonstrate by a 
        preponderance of the evidence that all of the following 
        criteria were met at the time of the transaction:
                    ``(A) The recyclable material met a commercial 
                specification grade.
                    ``(B) A market existed for the recyclable material.
                    ``(C) A substantial portion of the recyclable 
                material was made available for use as a feedstock for 
                the manufacture of a new saleable product.
                    ``(D) The recyclable material could have been a 
                replacement or substitute for a virgin raw material, or 
                the product to be made from the recyclable material 
                could have been a replacement or substitute for a 
                product made, in whole or in part, from a virgin raw 
                material.
                    ``(E) For transactions occurring on or after the 
                90th day following the date of the enactment of this 
                section, the person exercised reasonable care to 
                determine that the facility where the recyclable 
                material would be handled, processed, reclaimed, or 
                otherwise managed by another person (hereinafter in 
                this section referred to as a `consuming facility') was 
                in compliance with substantive (not procedural or 
                administrative) provisions of any Federal, State, or 
                local environmental law or regulation, or compliance 
                order or decree issued pursuant thereto, applicable to 
                the handling, processing, reclamation, storage, or 
                other management activities associated with the 
                recyclable material.
            ``(2) Reasonable care.--For purposes of this subsection, 
        `reasonable care' shall be determined using criteria that 
        include--
                    ``(A) the price paid in the recycling transaction;
                    ``(B) the ability of the person to detect the 
                nature of the consuming facility's operations 
                concerning its handling, processing, reclamation, or 
                other management activities associated with the 
                recyclable material; and
                    ``(C) the result of inquiries made to the 
                appropriate Federal, State, or local environmental 
                agency (or agencies) regarding the consuming facility's 
                past and current compliance with substantive (not 
                procedural or administrative) provisions of any 
                Federal, State, or local environmental law or 
                regulation, or compliance order or decree issued 
                pursuant thereto, applicable to the handling, 
                processing, reclamation, storage, or other management 
                activities associated with the recyclable material.
            ``(3) Treatment of certain requirements as substantive 
        provisions.--For purposes of this subsection, a requirement to 
        obtain a permit applicable to the handling, processing, 
        reclamation, or other management activities associated with the 
        recyclable materials shall be deemed to be a substantive 
        provision.
    ``(d) Transactions Involving Scrap Metal.--
            ``(1) In general.--Transactions involving scrap metal shall 
        be deemed to be arranging for recycling if the person who 
        arranged for the transaction (by selling recyclable material or 
        otherwise arranging for the recycling of recyclable material) 
        can demonstrate by a preponderance of the evidence that at the 
        time of the transaction--
                    ``(A) the person met the criteria set forth in 
                subsection (c) with respect to the scrap metal;
                    ``(B) the person was in compliance with any 
                applicable regulations or standards regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of scrap metal that the 
                Administrator issues under the Solid Waste Disposal Act 
                (42 U.S.C. 6901 et seq.) after the date of the 
                enactment of this section and with regard to 
                transactions occurring after the effective date of such 
                regulations or standards; and
                    ``(C) the person did not melt the scrap metal prior 
                to the transaction.
            ``(2) Melting of scrap metal.--For purposes of paragraph 
        (1)(C), melting of scrap metal does not include the thermal 
        separation of 2 or more materials due to differences in their 
        melting points (referred to as `sweating').
            ``(3) Scrap metal defined.--In this subsection, the term 
        `scrap metal' means bits and pieces of metal parts (such as 
        bars, turnings, rods, sheets, and wire) or metal pieces that 
may be combined together with bolts or soldering (such as radiators, 
scrap automobiles, and railroad box cars) which when worn or 
superfluous can be recycled, except for scrap metals that the 
Administrator excludes from this definition by regulation and shipping 
containers of a capacity from 30 liters to and including 3,000 liters, 
whether intact or not, having any hazardous substances (but not metal 
bits or pieces) contained in or adhering thereto.
    ``(e) Transactions Involving Batteries.--
            ``(1) In general.--Transactions involving spent lead-acid 
        batteries, spent nickel-cadmium batteries, or other spent 
        batteries shall be deemed to be arranging for recycling if the 
        person who arranged for the transaction (by selling recyclable 
        material or otherwise arranging for the recycling of recyclable 
        material) can demonstrate by a preponderance of the evidence 
        that at the time of the transaction--
                    ``(A) the person met the criteria set forth in 
                subsection (c) with respect to the spent lead-acid 
                batteries, spent nickel-cadmium batteries, or other 
                spent batteries but did not recover the valuable 
                components of such batteries; and
                    ``(B)(i) with respect to transactions involving 
                lead-acid batteries, the person was in compliance with 
                applicable Federal environmental regulations or 
                standards, and any amendments thereto, regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of spent lead-acid 
                batteries;
                    ``(ii) with respect to transactions involving 
                nickel-cadmium batteries, Federal environmental 
                regulations or standards are in effect regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of spent nickel-cadmium 
                batteries, and the person was in compliance with 
                applicable regulations or standards or any amendments 
                thereto; or
                    ``(iii) with respect to transactions involving 
                other spent batteries, Federal environmental 
                regulations or standards are in effect regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of such batteries, and 
                the person was in compliance with applicable 
                regulations or standards or any amendments thereto.
            ``(2) Recovery of valuable battery components.--For 
        purposes of paragraph (1)(A), a person who, by contract, 
        arranges or pays for processing of batteries by an unrelated 
        third person and receives from such third person materials 
        reclaimed from such batteries shall not thereby be deemed to 
        recover the valuable components of such batteries.
    ``(f) Transactions Involving Used Oil.--
            ``(1) In general.--Transactions involving used oil shall be 
        deemed to be arranging for recycling if the person who arranged 
        for the transaction (by selling recyclable material or 
        otherwise arranging for the recycling of recyclable material) 
        can demonstrate by a preponderance of the evidence that at the 
        time of the transaction--
                    ``(A) the recyclable material was sent to a 
                facility that recycled used oil by using it as feed 
                stock for the manufacture of a new saleable product;
                    ``(B) the recyclable material was not mixed with 
                any material that is a hazardous waste under section 
                3001 of the Solid Waste Disposal Act (42 U.S.C. 6921), 
                regardless of when generated;
                    ``(C) the person met the criteria specified in 
                subparagraphs (D) and (E) of subsection (c)(1), as 
                modified by paragraphs (2) and (3) of subsection (c), 
                with respect to used oil;
                    ``(D) the person was in compliance with any 
                regulations or standards for the management of used oil 
                promulgated under the Solid Waste Disposal Act (42 
                U.S.C. 6901 et seq.) that were in effect on the date of 
                the transaction; and
                    ``(E) the transaction was not for the purpose of 
                recycling used oil by using it for dust suppression.
            ``(2) Used oil defined.--In this subsection, the term `used 
        oil' means any oil that has been refined from crude oil, or any 
        synthetic oil, that has been used or stored. Such term does not 
        include any oil that is subject to regulation under section 
        6(e)(1)(A) of the Toxic Substances Control Act (15 U.S.C. 
        2605(e)(1)(A)), relating to regulations prescribing methods for 
        disposal of polychlorinated biphenyls.
    ``(g) Exclusions.--
            ``(1) In general.--The exemptions set forth in subsections 
        (c), (d), (e), and (f) shall not apply if--
                    ``(A) the person had an objectively reasonable 
                basis to believe at the time of the recycling 
                transaction that--
                            ``(i) the recyclable material would not be 
                        recycled;
                            ``(ii) in the case of recyclable materials 
                        other than used oil, the recyclable material 
                        would be burned as fuel or for energy recovery 
                        or incineration; or
                            ``(iii) for transactions occurring on or 
                        before the 90th day following the date of the 
                        enactment of this section, the consuming 
                        facility was not in compliance with a 
                        substantive (not a procedural or 
                        administrative) provision of any Federal, 
                        State, or local environmental law or 
                        regulation, or compliance order or decree 
                        issued pursuant thereto, applicable to the 
                        handling, processing, reclamation, or other 
                        management activities associated with the 
                        recyclable material;
                    ``(B) the person had reason to believe that 
                hazardous substances had been added to the recyclable 
                material for purposes other than processing for 
                recycling;
                    ``(C) the person failed to exercise reasonable care 
                with respect to the management and handling of the 
                recyclable material (including adhering to customary 
                industry practices current at the time of the recycling 
                transaction designed to minimize, through source 
                control, contamination of the recyclable material by 
                hazardous substances); or
                    ``(D) the recyclable material--
                            ``(i) contained polychlorinated biphenyls 
                        at a concentration in excess of the threshold 
                        for regulation under section 6(e)(1)(A) of the 
                        Toxic Substances Control Act (15 U.S.C. 
                        2605(e)(1)(A)), relating to regulations 
                        prescribing methods for disposal of 
                        polychlorinated biphenyls, as in effect on the 
                        date of the transaction; or
                            ``(ii) contained at the time of the 
                        recycling transaction a concentration of a 
                        solid waste that has been determined by the 
                        Administrator, after notice and comment, to be 
                        inherently waste-like pursuant to section 
                        261.2(d) of title 40, Code of Federal 
                        Regulations.
            ``(2) Objectively reasonable basis.--For purposes of 
        paragraph (1)(A), an objectively reasonable basis for belief 
        shall be determined using criteria that include the size of the 
        person's business, customary industry practices (including 
        customary industry practices current at the time of the 
        recycling transaction designed to minimize, through source 
        control, contamination of the recyclable material by hazardous 
        substances), the price paid in the recycling transaction, and 
        the ability of the person to detect the nature of the consuming 
        facility's operations concerning its handling, processing, 
        reclamation, or other management activities associated with the 
        recyclable material.
            ``(3) Treatment of certain requirements as substantive 
        provisions.--For purposes of this subsection, a requirement to 
        obtain a permit applicable to the handling, processing, 
        reclamation, or other management activities associated with 
        recyclable material shall be deemed to be a substantive 
        provision.
    ``(h) Effect on Other Liability.--Nothing in this section shall be 
deemed to affect the liability of a person under subparagraph (A) or 
(B) of section 107(a)(1).
    ``(i) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect--
            ``(1) liability under any other Federal, State, or local 
        statute or regulation promulgated pursuant to any such statute, 
        including any requirements promulgated by the Administrator 
        under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
            ``(2) the ability of the Administrator to promulgate 
        regulations under any other statute, including the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.).
    ``(j) Allocations.--Any person relieved from liability for 
recycling transactions under this section at a facility on the National 
Priorities List shall be deemed an exempt party for purposes of section 
128(n)(4).''.

SEC. 310. ALLOCATION.

    Title I is amended by adding at the end the following new section:

``SEC. 128. ALLOCATION.

    ``(a) Response Actions Subject to Allocation.--
            ``(1) Response actions not subject to a settlement or 
        order.--Upon request of 2 or more potentially responsible 
        parties at a facility or vessel on the National Priorities 
        List, the President shall initiate an allocation under this 
        section for a response action at the facility or vessel if--
                    ``(A) the performance of such response action is 
                not the subject of a consent decree entered before 
                October 23, 1997, or an administrative order issued 
                before October 23, 1997; and
                    ``(B) the aggregate costs of all response actions 
                at the facility or vessel are estimated by the 
                President to exceed $5,000,000.
            ``(2) Response actions subject to settlement or order.--
        Upon request of 2 or more potentially responsible parties at a 
        facility or vessel on the National Priorities List, the 
        President shall initiate an allocation under this section for 
        response actions that are undergoing construction pursuant to a 
        consent decree entered before October 23, 1997, or an 
        administrative order issued before October 23, 1997, if such 
        allocation is provided for under section 311(d) of the 
        Superfund Acceleration, Fairness, and Efficiency Act.
    ``(b) Excluded Facilities.--The allocation process under this 
section shall not apply to any facility or vessel owned or operated by 
the United States and any facility or vessel--
            ``(1) for which there is only one potentially responsible 
        party; or
            ``(2) for which there has been a final settlement, decree, 
        or order that determines the allocated shares of all 
        potentially responsible parties with respect to such response 
        costs.
    ``(c) Initiation of Allocation.--The President shall initiate the 
allocation process under this section by identifying all potentially 
responsible parties at the facility or vessel, notifying them that 
response costs at the facility or vessel shall be subject to an 
allocation, and informing them of their rights and obligations under 
this section.
    ``(d) Early Offer of Settlement.--As soon as practicable and prior 
to the selection of an allocator, the President shall provide an 
estimate of the aggregate Fund share in accordance with subsection 
(n)(4). The President shall offer to provide mixed funding to settling 
parties on the basis of this estimate.
    ``(e) Representation of the United States and Affected States.--The 
Administrator or the Attorney General, as a representative of the Fund, 
and a representative of any State that is or may be responsible 
pursuant to section 104(c)(3) for any costs of a response action that 
is the subject of an allocation shall be entitled to participate in the 
allocation proceeding to the same extent as any allocation party.
    ``(f) Scope of Allocations.--Each allocation under this section 
shall apply to the costs of all response actions at a facility unless, 
the allocator determines, in the allocator's sole discretion, that it 
should apply only to one or more of such response actions at the 
facility.
    ``(g) Moratorium on Litigation.--
            ``(1) Moratorium on litigation.--No person may commence any 
        civil action or assert any claim under this Act seeking 
        recovery of any response costs, or contribution toward such 
        costs, in connection with any response action for which the 
        President has initiated an allocation under this section, until 
        150 days after issuance of the allocator's report or of a 
        second or subsequent report under this section.
            ``(2) Stay.--If any action or claim referred to in 
        paragraph (1) is pending on the date of enactment of this 
        section or on the date of initiation of an allocation, such 
        action or claim (including any pendant claim under State law 
        over which a court is exercising jurisdiction) shall be stayed 
        until 150 days after the issuance of the allocator's report or 
        of a second or subsequent report under this section, unless the 
        court determines that a stay will result in manifest injustice.
            ``(3) Tolling of limitations period.--Any applicable 
        limitations period with respect to actions subject to paragraph 
        (1) shall be tolled from the earlier of--
                    ``(A) the date of listing of the facility on the 
                National Priorities List, where such listing occurs 
                after the date of enactment of this section; or
                    ``(B) the commencement of the allocation process 
                pursuant to this section, until 180 days after rejects 
                or waives its right to reject the allocator's report.
    ``(h) Effect on Principles of Liability.--The allocation process 
under this section shall not be construed to modify or affect in any 
way the principles of liability under this title as determined by the 
courts of the United States.
    ``(i) Selection of Allocator.--
            ``(1) In general.--The person selected to serve as 
        allocator in an allocation process shall be a neutral third 
        party who is not an employee of any potentially responsible 
        party at the facility or of the United States. The allocator 
        shall be selected by the potentially responsible parties or by 
        the President in accordance with this subsection.
            ``(2) List of allocators.--The President shall prepare, 
        publish, and periodically revise a list of neutral allocators 
        who the President determines are qualified to perform 
        allocations under this section.
            ``(3) Selection by parties.--The potentially responsible 
        parties shall select an allocator and notify the President of 
        such selection. If the allocator is not on the list published 
        by the President, the President may reject such selection.
            ``(4) Selection by the president.--If an allocator is not 
        selected as provided in paragraph (3) within 60 days after the 
        date on which the President receives a request to initiate an 
        allocation process, the President shall promptly select a 
        person to serve as allocator. The President's act of selecting 
        an allocator shall not be subject to judicial review.
    ``(j) Retention of Allocator.--Upon selection of an allocator, the 
President shall promptly--
            ``(1) enter into a contract with the allocator to provide 
        allocation services in accordance with this section for 
        reasonable compensation, in a manner that does not restrict the 
        allocator's discretion to conduct the allocation process in a 
        fair, efficient, and impartial manner;
            ``(2) notify all potentially responsible parties at the 
        facility that the allocator has been retained, and make 
        available to them, within 30 days of the retention of the 
        allocator, all responses to information requests, as well as 
        all other relevant information relating to the facility, 
        including the information specified in section 122(e)(1); and
            ``(3) provide to the allocator all information obtained 
        under section 104(e), including information entitled to 
        protection under section 1905 of title 18, United States Code, 
        or exempt from disclosure pursuant to section 552(a) of title 
        5, United States Code.
    ``(k) Allocation List.--The President shall provide the allocator 
with a list of potentially responsible parties, at the facility, to be 
known as the allocation list. To the extent practicable, the President 
shall identify--
            ``(1) exempt parties (parties who are exempt from 
        liability);
            ``(2) settlement parties (parties who have settled all 
        their liability with respect to the site and have contribution 
        protection for all response costs);
            ``(3) nonviable parties (parties that are bankrupt, 
        insolvent, or defunct); and
            ``(4) allocation parties (all other parties identified on 
        the list).
    ``(l) Authorities of Allocator.--
            ``(1) Information gathering.--
                    ``(A) In general.--To gather such information as is 
                necessary to conduct a fair, efficient and impartial 
                allocation, an allocator is authorized to exercise the 
                information-gathering authority conferred upon the 
                President under sections 122(e)(3)(B) and 104(e)(2). 
                The allocator may also request the Administrator to 
                exercise any information gathering authority under this 
                Act, and may request the Attorney General to enforce 
                any information request or subpoena issued by the 
                allocator. A party from whom information is sought 
                under this section shall not assert any privilege as a 
                basis for withholding any information from the 
                allocator. Notwithstanding any other provision of law, 
                the allocator shall not be considered an agency of the 
                United States Government subject to the requirements of 
                section 552 of title 5, United States Code.
                    ``(B) Summary.--Each information request issued by 
                the allocator shall be accompanied by a summary that 
                explains (i) the obligation of the person to provide a 
                full and timely response to the request, (ii) each of 
                the elements of the required certification, and (iii) 
                the defenses to liability under the statute.
                    ``(C) Document repository.--The allocator shall 
                establish and maintain a document repository containing 
                copies of all documents and information provided by the 
                President or any allocation party pursuant to this 
                section or generated by the allocator during the 
                allocation. The documents and information in the 
                document repository shall be available only to the 
                allocation parties for review and copying at their own 
                expense, subject to the confidentiality provisions of 
                subsection (r).
            ``(2) Amendment of allocation list.--
                    ``(A) In general.--Based on the information 
                obtained or developed by the allocator, the allocator, 
                after consultation with the President, may amend the 
                list of potentially responsible parties for the 
                facility provided by the President to add, delete, or 
                change the status of such parties.
                    ``(B) Nomination of parties.--Allocation parties 
                may submit to the allocator the names of additional 
                potentially responsible parties and the allocator may 
                add such persons to the allocation list into the 
                appropriate category, after consultation with the 
                President. Any allocation party that is added to the 
                allocation list as an allocation party following 
                submission of the person's name to the allocator by an 
                allocation party, but is assigned a zero share by the 
                allocator or is later removed from the allocation list 
                by the allocator, that other party's costs of 
                participating in the allocation (including reasonable 
                attorney's fees) shall be borne by the party who 
                submitted the person's name to the allocator.
                    ``(C) Notice.--The allocator shall promptly inform 
                the President of any changes made to the allocation 
                list.
                    ``(D) Status of decisions.--A decision of the 
                allocator with respect to the allocation list under 
                this paragraph shall apply only within the allocation 
                process and shall not estop any claims made by the 
                United States or any other person, and shall not be 
                subject to judicial review.
    ``(m) Expedited Settlements.--The allocator shall notify the 
President of any allocation party who the allocator has determined is 
eligible for an expedited settlement under section 122(g). The 
President shall offer an expedited settlement to such party within 120 
days of the date of the notice, unless the President determines such 
party is not eligible for an expedited settlement. If the President 
does not make the determination before the last day of the 120-day 
period and does not offer the party an expedited settlement within that 
period, the party shall have no further liability under this Act and 
shall be treated as an exempt party for the purposes of this section.
    ``(n) Allocation Determination.--
            ``(1) Allocation process.--The allocator shall determine 
        the equitable share of response costs of each potentially 
        responsible party at the facility and the Fund, based on the 
        factors and considerations in paragraph (3).
            ``(2) Conduct of allocation process.--The allocator shall 
        conduct the allocation process and render a decision based 
        solely on the provisions of this section. Each allocation 
        party, including the representative of the Fund, shall be 
        afforded an opportunity to be heard (orally or in writing, or 
        both), and an opportunity to comment on a draft allocation 
        report.
            ``(3) Equitable factors for allocation.--In determining the 
        equitable share of response costs attributable to each 
        potentially responsible party, the allocator shall consider the 
        following:
                    ``(A) The amount of hazardous substances 
                contributed by each allocation party.
                    ``(B) The degree of toxicity of the hazardous 
                substances contributed by each allocation party.
                    ``(C) The mobility of the hazardous substances 
                contributed by each allocation party.
                    ``(D) The degree of involvement of each allocation 
                party in the generation, transportation, treatment, 
                storage, disposal, or release of the hazardous 
                substances.
                    ``(E) The degree of care exercised by each 
                allocation party with respect to the hazardous 
                substances, taking into account the characteristics of 
                the hazardous substances.
                    ``(F) The degree to which the allocation party 
                caused, contributed to, or consented to the release or 
                threat of release of hazardous substances at the 
                facility.
                    ``(G) The cooperation of each allocation party in 
                the performance of any response action, in the 
                provision of complete and timely information to the 
                allocator and the President, and in the orderly conduct 
                of the allocation process.
                    ``(H) Such other equitable factors as the allocator 
                determines are appropriate based on site-specific 
                circumstances.
            ``(4) Fund share.--For each response action that is the 
        subject of an allocation under this section, the allocator 
        shall determine, based on the factors in paragraph (3), the 
        share of response costs, if any, to be allocated to the Fund. 
        Such amount shall be used to determine the amount of mixed 
        funding provided under section 122(b). The Fund share shall 
        consist of the sum of following amounts:
                    ``(A) The amount attributable to the aggregate 
                share of response costs that the allocator determines 
                to be attributable to nonviable parties who are not 
                affiliated with any allocation party.
                    ``(B) The amount attributable to the difference in 
                the aggregate share of response costs that the 
                allocator determines to be attributable to settlement 
                parties who have resolved their liability to the United 
                States for the response and the amount actually assumed 
                by those parties in any settlement for the response 
                action with the United States. Except where such 
                settlements include a consideration of ability to pay, 
                the allocator may presume that the amount accepted by 
                the United States in a settlement is that party's 
                equitable share.
                    ``(C) The amount attributable to the aggregate 
                share of response costs that the allocator determines 
                to be attributable to persons who are entitled to an 
                exemption from liability under subsection (n) or (o) of 
                section 107 or section 127.
            ``(5) Unattributable share.--The share attributable to the 
        aggregate share of response costs incurred to respond to 
        materials containing hazardous substances for which no 
        generator, transporter, or owner or operator at the time of 
        disposal can be identified shall be divided pro rata among the 
        allocation parties and the Fund share determined under 
        paragraph (4).
    ``(o) Expedited Allocation.--At the request of the allocation 
parties or the United States, to assist in reaching settlement, the 
allocator may, prior to reaching a final allocation of response costs 
among all parties, first provide an estimate of the aggregate Fund 
share, in accordance with subsection (n)(4), and an estimate of the 
aggregate share of the allocation parties.
    ``(p) Allocation Report.--Unless all allocation parties settle 
their liability prior to the completion of the allocation process, the 
allocator shall issue an allocation report identifying the share of 
response costs attributable to each potentially responsible party at 
the facility, individually and by category of party, and the share of 
response costs to be paid by the Fund, in accordance with subsection 
(n)(4).
    ``(q) Settlement Before Allocation Determination.--
            ``(1) Settlement of all response costs.--At any time before 
        the issuance of an allocation report or of a second or 
        subsequent report, any group of allocation parties may submit 
        to the allocator a private allocation for any response action 
        that is within the scope of the allocation. If such private 
        allocation meets each of the following criteria, the allocator 
        shall promptly adopt it as the allocation report:
                    ``(A) The private allocation is a binding 
                allocation of 100 percent of the past, present, and 
                future costs of the response action.
                    ``(B) The private allocation does not allocate any 
                share to any person who is not a signatory to the 
                private allocation.
                    ``(C) The signatories to the private allocation 
                waive their rights to seek recovery of response costs 
                or contribution under this Act with respect to the 
                response action from any other party at the facility.
            ``(2) Other settlements.--The President may use the 
        authority under section 122(g) to enter into settlement 
        agreements with respect to any response action that is the 
        subject of an allocation at any time. Any allocation party that 
        enters into such a settlement agreement shall be a settlement 
        party for the purposes of this section and shall no longer be 
        an allocation party.
    ``(r) Confidentiality.--Except to the extent that such documents, 
materials, or records of information are also contained in the 
administrative record established pursuant to section 113(k), all 
documents and materials submitted to the allocator or placed in the 
document repository established under subsection (l)(1), together with 
the record of any information generated or obtained by the allocator 
during the allocation process, shall be confidential, as follows:
            ``(1) No disclosure under section 552 of title 5.--
        Notwithstanding any other provision of law, such documents, 
        materials, or records shall not be subject to disclosure to any 
        person under section 552 of title 5, United States Code.
            ``(2) Prohibition on use in other matters.--The allocator, 
        each allocation party, the Administrator, and the Attorney 
        General may not use such documents, materials, or records in 
        any other matter or proceeding or for any other purpose other 
        than the allocation process itself, and such documents, 
        materials, or records shall not be discoverable or admissible 
        in any other matter or proceeding or for any purpose other than 
        the allocation process itself, except--
                    ``(A) a new allocation for the same response 
                action;
                    ``(B) an initial allocation pursuant to this 
                section for a different response action at the same 
                facility;
                    ``(C) a penalty proceeding for noncompliance with 
                an information request or subpoena for the purpose of 
                establishing the fact of the violation;
                    ``(D) a judicial proceeding for the purpose of 
                approving a settlement; or
                    ``(E) as may be required by court order.
            ``(3) Requirement to ensure confidentiality.--The allocator 
        and all parties to the allocation shall take such measures as 
        are necessary to ensure that the confidentiality provisions of 
        this paragraph are maintained.
            ``(4) Discoverability and admissibility.--If the original 
        of any document or material submitted to the allocator or 
        placed in the document repository was, in the hands of the 
        party that provided it, otherwise discoverable or admissible, 
        then such original document, if subsequently sought from such 
        party, shall remain so. If a fact generated or obtained during 
        the allocation was, in the hands of a witness, otherwise 
        discoverable or admissible, then such testimony, if 
        subsequently sought from such other party, shall remain so.
            ``(5) No waiver of privilege.--The submission of testimony, 
        documents, or information pursuant to the allocation process 
        shall not constitute a waiver of any privilege applicable to 
        the testimony, documents, or information under any Federal or 
        State law or rule of discovery or evidence.
    ``(s) Rejection of Allocation Report.--
            ``(1) Written determination.--The Administrator and the 
        Attorney General may jointly reject an allocator's report only 
        if they jointly publish in the Federal Register, within 150 
        days after receipt of 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 affected by bias, 
                substantial procedural error, fraud, or unlawful 
                conduct.
            ``(2) Waiver of right to reject allocation report.--The 
        Administrator and the Attorney General shall waive the right to 
        reject the allocation report and such report shall be deemed to 
        be the basis for allocating response costs, including costs to 
        be paid by the Fund--
                    ``(A) after the 150th day following its issuance, 
                if no written determination under paragraph (1) has 
                been published;
                    ``(B) after the United States has accepted a 
                settlement offer based on the allocation; or
                    ``(C) after the Administrator provides written 
                notice to any allocation party that the United States 
                accepts the allocation report as the basis for 
                allocating shares of responsibility for a response 
                action.
            ``(3) Judicial review.--The determinations of the 
        Administrator and the Attorney General under this subsection 
        shall not be subject to judicial review.
    ``(t) Second and Subsequent Allocations.--If the United States 
rejects an allocator's report in accordance with subsection (s), the 
allocation parties shall select an allocator pursuant to this 
subsection to perform, on an expedited basis, a new allocation based on 
the same record available to the previous allocator, unless the United 
States rejection of the previous allocation was based in whole or in 
significant part on deficiencies in the record. The moratorium and stay 
periods provided in subsection (f) shall be extended until 150 days 
after issuance of the new allocation report, and the tolling period 
provided in subsection (f) shall be extended until 180 days after the 
President rejects or waive his right to object to the second or 
subsequent allocation report. The allocation parties may select an 
allocator that performed one or more previous allocations at the same 
facility, unless the United States rejection of the previous allocation 
was based, in whole or in part, on bias, fraud, or unlawful conduct by 
the allocator.
    ``(u) Settlements Based on Allocations.--
            ``(1) In general.--
                    ``(A) Subject to subparagraph (B), the President 
                shall accept an offer of settlement of liability for a 
                response action that is the subject of an allocation 
                if--
                            ``(i) the offer is made within 90 days 
                        after issuance of the allocator's report; and
                            ``(ii) the offer is based on the share of 
                        response costs specified by the allocator and 
                        contains the terms and conditions set forth in 
                        paragraph (2) and such other terms and 
                        conditions (other than the allocated share of 
                        response costs) as are acceptable to the 
                        President.
                    ``(B) The requirement of subparagraph (A) to accept 
                an offer of settlement shall not apply if the 
                Administrator and the Attorney General reject the 
                allocation report pursuant to subsection (s).
            ``(2) Settlement provisions.--The President may enter into 
        a settlement with respect to a response action that is the 
        subject of an allocation in accordance with this section. Each 
        settlement shall include the following provisions:
                    ``(A) Protection from claims for contribution in 
                accordance with section 113(f)(2).
                    ``(B) Provisions through which each settling party 
                shall receive mixed funding in accordance with section 
                122(b)(1).
                    ``(C) Covenants not to sue, consistent with section 
                122(f).
    ``(v) Administrative Orders.--Any allocation party who, following 
the completion of the allocation, is issued an order under section 106 
with respect to the response action that is the subject of the 
allocation, who complies with such order, and who incurs costs in 
excess of the person's allocated percentage share of response costs, 
shall receive mixed funding as provided in section 122(b)(1) in the 
amount of such excess.
    ``(w) Post-Settlement Litigation.--Following expiration of the 
moratorium periods under subsection (e), the United States may commence 
an action under this Act against any allocation party that has not 
resolved its liability to the United States following an allocation, 
seeking to recover response costs that are not recovered through 
settlements with other persons. All such actions shall be governed by 
the principles of liability under this Act as determined by the courts 
of the United States.
    ``(x) Response Costs.--
            ``(1) Description.--The following costs shall be considered 
        response costs for purposes of this Act:
                    ``(A) Costs incurred by the United States of 
                implementing the allocation procedure set forth in this 
                section, including reasonable fees and expenses of the 
                allocator.
                    ``(B) Costs incurred by the United States for any 
                mixed funding under section 122(b).
            ``(2) Settled parties.--Any costs of allocation described 
        in paragraph (1)(A) and incurred after a party has settled all 
        of its liability with respect to the response action or actions 
        that are the subject of the allocation may not be recovered 
        from such party.
    ``(y) Federal, State, and Local Agencies.--All Federal, State, and 
local governmental departments, agencies, or instrumentalities that are 
identified as allocation parties shall be subject to, and be entitled 
to the benefits of, the allocation process and allocation determination 
provided by this section to the same extent as any other party.
    ``(z) Savings Provisions.--Except as otherwise expressly provided, 
nothing in this section shall limit or affect the following:
            ``(1) The President's--
                    ``(A) authority to exercise the powers conferred by 
                sections 103, 104, 105, 106, 107, or 122;
                    ``(B) authority to commence an action against a 
                party where there is a contemporaneous filing of a 
                judicial consent decree resolving that party's 
                liability;
                    ``(C) authority to file a proof of claim or take 
                other action in a proceeding under title 11, United 
                States Code;
                    ``(D) authority to file a petition to preserve 
                testimony under Rule 27 of the Federal Rules of Civil 
                Procedure; or
                    ``(E) authority to take action to prevent 
                dissipation of assets, including actions under chapter 
                176 of title 28, United States Code.
            ``(2) The ability of any person to resolve its liability at 
        a facility to any other person at any time before or during the 
        allocation process.
            ``(3) The validity, enforceability, finality, or merits of 
        any judicial or administrative order, judgment, or decree 
        issued, signed, lodged, or entered, before the date of 
        enactment of this paragraph with respect to liability under 
        this Act, or authority to modify any such order, judgment, or 
        decree with regard to the response action addressed in the 
        order, judgment or decree.
            ``(4) The validity, enforceability, finality, or merits of 
        any pre-existing contract or agreement relating to any 
        allocation of responsibility or any indemnity for, or sharing 
        of, any response costs under this Act.''.

SEC. 311. TRANSITION RULES.

    (a) Validity of Existing Settlements and Orders.--All settlements, 
consent decrees, and judicial and administrative orders entered into or 
issued before the date of the enactment of this Act and any allocations 
of response costs under such settlements, judgments, consent decrees, 
and administrative orders shall remain in full force and effect.
    (b) Validity of Existing Contracts and Agreements.--All existing 
contracts and agreements relating to any allocation of responsibility 
or indemnity for response costs entered into before the date of the 
enactment of this Act shall remain in full force and effect.
    (c) Mixed Funding for Performing Parties.--Notwithstanding 
subsections (a) and (b), parties who are responsible for carrying out a 
response action pursuant to a consent decree entered into before 
October 23, 1997, under section 122 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 or pursuant to an 
administrative order issued under section 106 of such Act before 
October 23, 1997, shall be entitled to mixed funding under section 
122(b)(1) of such Act with respect to that response action in the 
amount of--
            (1) the total shares of response costs attributable to any 
        party exempted from liability under section 107(n), 107(o), or 
        127 of such Act, if such parties have not resolved their 
        liability with respect to such costs on or before October 23, 
        1997; and
            (2) the total shares of response costs incurred after the 
        date of the enactment of this Act attributable to any party who 
        is bankrupt, insolvent, or defunct if such party has not 
resolved such party's liability with respect to such costs on or before 
October 23, 1997.
    (d) Allocations at Facilities Under Order or Decree.--The total 
amount of the mixed funding provided under subsection (c) shall be 
determined by agreement between the President and the parties who are 
carrying out a response action to which subsection (c) applies, or, if 
no such agreement is entered into within 120 days of the date of the 
enactment of this Act, by an allocator described in section 128 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, using the equitable factors described in section 128(n) of 
such Act. If requested by 50 percent of such parties, such allocation 
shall address the relative shares of response costs of all potentially 
responsible parties with respect to the facility. The United States may 
commence an action under this Act against any potentially responsible 
party that has not resolved its liability with respect to such response 
costs following the allocation, seeking to recover those response costs 
that are not recovered through settlements with other persons, 
including costs of mixed funding provided under this section.
    (e) Contribution Claims Against Nonsettling Parties.--Parties who 
are incurring or have incurred response costs with respect to the 
remedial action or actions that are the subject of an order or decree 
described in subsection (a) shall retain all rights to seek 
contribution to such costs from parties who have not resolved their 
liability with respect to such costs and who are not exempt from 
liability under section 107(n), 107(o), or 127 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, and 
are not bankrupt, insolvent, or defunct.

                  TITLE IV--BROWNFIELDS REVITALIZATION

SEC. 401. BROWNFIELDS.

    (a) In General.--Title I (42 U.S.C. 9601 et seq.), as amended by 
section 109 of this Act, is further amended by adding at the end the 
following:

``SEC. 129. BROWNFIELDS.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Administrative cost.--The term `administrative cost' 
        does not include the cost of--
                    ``(A) site inventories;
                    ``(B) investigation and identification of the 
                extent of contamination;
                    ``(C) design and performance of a response action; 
                or
                    ``(D) monitoring of natural resources.
            ``(2) Brownfield facility.--
                    ``(A) In general.--The term `brownfield facility' 
                means real property with respect to which expansion or 
                redevelopment is complicated by the presence or 
                potential presence of a hazardous substance.
                    ``(B) Excluded facilities.--The term `brownfield 
                facility' does not include--
                            ``(i) any portion of real property that is 
                        the subject of an ongoing removal or planned 
                        removal under section 104;
                            ``(ii) any portion of real property that is 
                        listed or has been proposed for listing on the 
                        National Priorities List;
                            ``(iii) 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;
                            ``(iv) any portion of real property with 
                        respect to which a cleanup is proceeding under 
                        a permit, an administrative order, or a 
                        judicial consent decree entered into by the 
                        United States or an authorized State under this 
                        Act, the Solid Waste Disposal Act (42 U.S.C. 
                        6901 et seq.), the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.), the Toxic 
                        Substances Control Act (15 U.S.C. 2601 et 
                        seq.), or the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            ``(v) a facility that is owned or operated 
                        by a department, agency, or instrumentality of 
                        the United States, except a facility located on 
                        lands held in trust for an Indian tribe; or
                            ``(vi) a portion of a facility for which 
                        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.--
                    ``(A) In general.--The term `eligible entity' 
                means--
                            ``(i) a State or a political subdivision of 
                        a State, including--
                                    ``(I) a general purpose unit of 
                                local government; and
                                    ``(II) a regional council or group 
                                of general purpose units of local 
                                government;
                            ``(ii) a redevelopment agency that is 
                        chartered or otherwise sanctioned by a State or 
                        other unit of government; and
                            ``(iii) an Indian tribe.
                    ``(B) Excluded entities.--The term `eligible 
                entity' does not include any entity that is not in full 
                compliance with the requirements of an administrative 
                order or a judicial consent decree which has been 
                entered into by the United States or an authorized 
                State under this Act, the Solid Waste Disposal Act (42 
                U.S.C. 6901 et seq.), the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), the Toxic 
                Substances Control Act (15 U.S.C. 2601 et seq.), or the 
                Safe Drinking Water Act (42 U.S.C. 300f et seq.) with 
                respect to the real property or portion thereof which 
                is the subject of the order or judicial consent decree.
    ``(b) Brownfield Assessment Grant Program.--
            ``(1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible entities for 
        inventory and assessment of brownfield facilities.
            ``(2) Assistance for site assessment.--On approval of an 
        application made by an eligible entity, the President may make 
        grants to the eligible entity to be used for developing an 
        inventory and conducting an assessment of 1 or more brownfield 
        facilities.
            ``(3) Applications.--
                    ``(A) In general.--Any eligible entity may submit 
                an application to the President, in such form as the 
                President may require, for a grant under this 
                subsection for 1 or more brownfield facilities.
                    ``(B) Application requirements.--An application for 
                a grant under this subsection shall include information 
                relevant to the ranking criteria established under 
                paragraph (4) for the facility or facilities for which 
                the grant is requested.
            ``(4) Ranking criteria.--The President shall establish a 
        system for ranking grant applications submitted under this 
        subsection that includes the following criteria:
                    ``(A) The demonstrated need for Federal assistance.
                    ``(B) The extent to which a grant will stimulate 
                the availability of other funds for environmental 
                remediation and subsequent redevelopment of the area in 
                which the brownfield facilities are located.
                    ``(C) The estimated extent to which a grant would 
                facilitate the identification of or facilitate a 
                reduction in health and environmental risks.
                    ``(D) The potential to stimulate economic 
                development of the area, 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 grant to create 
                        new or expand existing business and 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.
                    ``(E) 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.
                    ``(F) The extent to which the site assessment and 
                subsequent development involves the active 
                participation and support of the local community.
            ``(5) Maximum grant amount per facility.--A grant made to 
        an eligible entity under this subsection shall not exceed 
        $200,000 with respect to any brownfield facility covered by the 
        grant.
    ``(c) Brownfield Remediation Grant Program.--
            ``(1) Establishment of program.--The President shall 
        establish a program to provide grants to eligible entities to 
        be used for capitalization of revolving loan funds for remedial 
        actions at brownfield facilities.
            ``(2) Assistance for site remediation.--Upon approval of an 
        application made by an eligible entity, the President may make 
        grants to the eligible entity to be used for establishing a 
        revolving loan fund. Any fund established using such grants 
        shall be used to make loans to a State, a site owner, or a site 
        developer for the purpose of carrying out remedial actions at 1 
        or more brownfield facilities.
            ``(3) Applications.--
                    ``(A) In general.--Any eligible entity may submit 
                an application to the President, in such form as the 
                President may require, for a grant under this 
                subsection.
                    ``(B) Application requirements.--An application 
                under this section shall include information relevant 
                to the ranking criteria established under paragraph 
                (4).
            ``(4) Ranking criteria.--The President shall establish a 
        system for ranking grant applications submitted under this 
        subsection that includes the following criteria:
                    ``(A) The adequacy of the financial controls and 
                resources of the eligible entity to administer a 
                revolving loan fund in accordance with this title.
                    ``(B) The ability of the eligible entity to monitor 
                the use of funds provided to loan recipients under this 
                title.
                    ``(C) The ability of the eligible entity to ensure 
                that a remedial action funded by the grant will be 
                conducted under the authority of a State cleanup 
                program that ensures that the remedial action is 
                protective of human health and the environment.
                    ``(D) The ability of the eligible entity to ensure 
                that any cleanup funded under this Act will comply with 
                all laws that apply to the cleanup.
                    ``(E) The need of the eligible entity for financial 
                assistance to clean up brownfield sites that are the 
                subject of the application, taking into consideration 
                the financial resources available to the eligible 
                entity.
                    ``(F) The ability of the eligible entity to ensure 
                that the applicants repay the loans in a timely manner.
                    ``(G) The plans of the eligible entity for using 
                the grant to stimulate economic development or creation 
                of recreational areas on completion of the cleanup.
                    ``(H) The plans of the eligible entity for using 
                the grant to stimulate the availability of other funds 
                for environmental remediation and subsequent 
                redevelopment of the area in which the brownfield 
                facilities are located.
                    ``(I) The plans of the eligible entity for using 
                the grant to facilitate a reduction of health and 
                environmental risks.
            ``(5) Maximum grant amount.--A grant made to an eligible 
        entity under this subsection may not exceed $1,000,000.
    ``(d) General Provisions.--
            ``(1) Sunset.--No amount shall be available from the Fund 
        for purposes of this section after the fifth fiscal year after 
        the date of the enactment of this section.
            ``(2) Prohibition.--No part of a grant under this section 
        may be used for the payment of penalties, fines, or 
        administrative costs.
            ``(3) Audits.--The President shall audit an appropriate 
        number of grants made under subsections (b) and (c) to ensure 
        that funds are used for the purposes described in this section.
            ``(4) Agreements.--
                    ``(A) Terms and conditions.--Each grant made under 
                this section shall be subject to an agreement that--
                            ``(i) requires the eligible entity to 
                        comply with all applicable Federal and State 
                        laws;
                            ``(ii) requires the eligible entity to use 
                        the grant exclusively for the purposes 
                        specified in subsection (b)(2) or (c)(2);
                            ``(iii) in the case of an application by a 
                        State under subsection (c)(2), requires payment 
                        by the State of a matching share, of at least 
                        50 percent of the amount of the grant, from 
                        other sources of funding;
                            ``(iv) requires that grants under this 
                        section will not supplant State or local funds 
                        normally provided for the purposes specified in 
                        subsection (b)(2) or (c)(2); and
                            ``(v) contains such other terms and 
                        conditions as the President determines to be 
                        necessary to ensure proper administration of 
                        the grants.
                    ``(B) Limitation.--The President shall not place 
                terms or conditions on grants made under this section 
                other than the terms and conditions specified in 
                subparagraph (A).
            ``(5) Leveraging.--An eligible entity that receives a grant 
        under this section may use the funds for part of a project at a 
        brownfield facility for which funding is received from other 
        sources, including other Federal sources, but the grant shall 
        be used only for the purposes described in subsection (b)(2) or 
        (c)(2).
    ``(e) Approval.--
            ``(1) Initial grant.--Before the expiration of the fourth 
        quarter of the first fiscal year following the date of the 
        enactment of this section, the President shall make grants 
        under this section to eligible entities and States that submit 
        applications, before the expiration of the second quarter of 
        such year, that the President determines have the highest 
        rankings under the ranking criteria established under 
        subsection (b)(4) or (c)(4).
            ``(2) Subsequent grants.--Beginning with the second fiscal 
        year following the date of enactment of this section, the 
        President shall make an annual evaluation of each application 
        received during the prior fiscal year and make grants under 
        this section to eligible entities and States that submit 
        applications during the prior year that the President 
        determines have the highest rankings under the ranking criteria 
        established under subsection (e)(3) or (f)(3).''.
    (b) Funding.--Section 111 (42 U.S.C. 9611) is amended by adding at 
the end the following:
    ``(q) Brownfield Assessments and Remediation Grant Programs.--
            ``(1) Brownfield assessment grant program.--For each of 
        fiscal years 1998 through 2002, not more than $20,000,000 of 
        the amounts available in the Fund may be used to carry out 
        section 129(b).
            ``(2) Brownfield remediation grant program.--For each of 
        fiscal years 1998 through 2002, not more than $65,000,000 of 
        the amounts available in the Fund may be used to carry out 
        section 129(c).''.

SEC. 402. ASSISTANCE FOR VOLUNTARY CLEANUP PROGRAMS.

    (a) State Response Programs.--Title I (42 U.S.C. 9601 et seq.) is 
further amended by adding at the end the following:

``SEC. 130. STATE VOLUNTARY CLEANUP PROGRAMS.

    ``(a) Assistance to States.--The Administrator may provide 
technical and other assistance to States to establish and expand State 
voluntary cleanup programs.
    ``(b) Eligible Purposes.--The purposes for which assistance may be 
provided under subsection (a) include the following:
            ``(1) Providing technical assistance for response actions.
            ``(2) Providing adequate opportunities for public 
        participation, including prior notice and opportunity for 
        comment in appropriate circumstances, in selecting response 
        actions.
            ``(3) Developing streamlined procedures to ensure 
        expeditious response actions.
            ``(4) Providing oversight and enforcement of response 
        actions.
    ``(c) Prohibition on Conditions.--A State may request assistance 
under this section for 1 or more eligible purposes. The President may 
require that such assistance be used to carry out the eligible purposes 
for which the assistance is provided, but may not require as a 
condition of such assistance that the State take actions unrelated to 
such purposes.''.
    (b) Funding.--Section 111 (42 U.S.C. 9611) is further amended by 
adding at the end the following:
    ``(r) State Voluntary Cleanup Program.--For each of fiscal years 
1998 through 2002, not more than $25,000,000 of the amounts available 
in the Fund may be used for assistance to States to maintain, 
establish, and administer State voluntary cleanup programs during the 
first 5 full fiscal years following the date of enactment of this 
subsection. The amount of such assistance shall be distributed among 
each of the States that notifies the Administrator of the State's 
intent to establish a State voluntary cleanup program and each of the 
States with a State voluntary cleanup program. For each fiscal year 
there shall be available to each State voluntary cleanup program a 
grant in the amount of at least $250,000.''.

SEC. 403. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE PLAN.

    Title I (42 U.S.C. 9601 et seq.) is further amended by adding at 
the end the following:

``SEC. 131. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE PLAN.

    ``(a) Enforcement.--Except as provided in subparagraph (B), in the 
case of a facility that is not listed or proposed for listing on the 
National Priorities List and at which there is a release or threatened 
release of a hazardous substance, neither the President nor any other 
person (other than a State) may use any authority under this Act--
            ``(1) to take an administrative enforcement action;
            ``(2) to take a judicial enforcement action; or
            ``(3) to bring a private civil action against any person 
        regarding any release or threatened release that is within the 
        scope of the plan,
if a voluntary response action is being conducted under a plan approved 
by a State or a response action has been certified as complete by a 
State.
    ``(b) Exceptions.--The President may bring an administrative 
enforcement action or a judicial enforcement action with respect to a 
facility under this Act if--
            ``(1) the State requests the President to take such action;
            ``(2) the President determines that--
                    ``(A) response actions are immediately required to 
                prevent, limit, or mitigate an emergency;
                    ``(B) there is an immediate risk to public health 
                or welfare or the environment; and
                    ``(C) the State will not take the necessary 
                response actions in a timely manner;
            ``(3) the Agency for Toxic Substances and Disease Registry 
        issues a public health advisory with respect to the facility; 
        or
            ``(4) the President determines that contamination has 
        migrated across a State line, resulting in the need for further 
        response action to protect human health or the environment.''.

                          TITLE V--STATE ROLE

SEC. 501. STATE DELEGATION AT NPL FACILITIES.

    (a) State Delegation.--Title I (42 U.S.C. 9601 et seq.) is 
amended--
            (1) by inserting after the heading for title I the 
        following:

                  ``Subtitle A--General Provisions'';

        and
            (2) by adding at the end the following:

                        ``Subtitle B--State Role

``SEC. 151. STATE DELEGATION AT NPL FACILITIES.

    ``(a) State Authority.--
            ``(1) Actions for which authority may be delegated.--The 
        Administrator may, in accordance with this section, delegate 
        authority to a State to take any or all of the following 
        actions at any or all facilities within the State that are 
        listed on the National Priorities List:
                    ``(A) Response actions under section 104.
                    ``(B) Actions under sections 106, 107, 122, and 
                128.
                    ``(C) Authority under subsections (e) and (h) 
                (other than subsection (h)(2)) of section 120.
                    ``(D) Remedy selections under section 121.
                    ``(E) Community participation activities under 
                section 117.
            ``(2) Application for state authority.--The Governor of a 
        State may submit to the Administrator an application for State 
        delegation of 1 or more of the authorities listed in paragraph 
        (1) with respect to 1 or more facilities, and may seek 
        amendments to its delegated authority to add or delete 
        facilities or actions for which authority is delegated. Any 
        such application shall contain the following:
                    ``(A) A list of facilities on the National 
                Priorities List within the State for which authority is 
                requested and the actions under paragraph (1) with 
                respect to such facilities for which authority is 
                requested.
                    ``(B) A certification, with adequate supporting 
                documentation, that the State has adequate legal 
                authority, financial resources, and personnel resources 
                to request, accept, administer, and enforce the 
                authority requested.
                    ``(C) In the case of a State that is not authorized 
                to administer and enforce corrective action 
                requirements pursuant to section 3006 of the Solid 
                Waste Disposal Act, a certification, with supporting 
                documentation, that the State has the organization and 
                expertise to administer and enforce the authority 
                requested.
                    ``(D) If the delegation includes facilities at 
                which source, special nuclear, or byproduct materials 
                have been released or at which there is a threat of 
                such a release, a certification, with supporting 
                documentation, that the State has expertise in 
                radionuclides.
            ``(3) Notice and comment.--The Administrator shall provide 
        notice and an opportunity for public comment with respect to an 
        application submitted under paragraph (2).
            ``(4) Approval and disapproval of application.--
                    ``(A) In general.--On the last day of the 120-day 
                period beginning on the date the Administrator receives 
                an application made in accordance with paragraph (2), 
                the application is deemed to be approved unless within 
                such 120-day period the Administrator disapproves the 
                application by making 1 of the following findings:
                            ``(i) A finding that the State does not 
                        have adequate legal authority, financial 
                        resources, or personnel resources to request, 
                        accept, administer, or enforce the authority 
                        requested.
                            ``(ii) In the case of an application 
                        submitted by a State required to make the 
                        certification described in paragraph (2)(C), a 
                        finding that the State does not have the 
                        organization or expertise to administer and 
                        enforce the authority requested.
                    ``(B) Finding with respect to expertise in 
                radionuclides.--If the Administrator finds that the 
                State does not have expertise in radionuclides, the 
                Administrator may disapprove that portion of the 
                application which includes facilities at which source, 
                special nuclear, or byproduct materials have been 
                released or at which there is a threat of such a 
                release.
                    ``(C) Terms and conditions prohibited.--The 
                Administrator may not, as a condition of granting an 
                application for delegation, include any term or 
                condition unrelated to the authority being delegated, 
                except that the Administrator may include terms and 
                conditions to ensure timely and effective recovery by 
                the State of response costs paid by funds from the Fund 
                and to ensure adequate information and documentation by 
                the State to allow such cost recovery.
                    ``(D) Explanation and resubmittal.--If the 
                Administrator disapproves an application by making 1 of 
                the findings in clause (i) or (ii) of subparagraph (A), 
                or a portion of the application by making a finding 
                under subparagraph (B), the Administrator shall notify 
                the Governor in writing of the disapproval and explain 
                the basis for such finding within 90 days after 
                receiving the application. A notification under this 
                subparagraph is final agency action for purposes of 
                judicial review. A Governor may submit a revised 
                application any time after receiving notice of 
                disapproval.
    ``(b) State Remedy Selection Responsibilities and Authorities.--
            ``(1) In general.--When selecting a remedy at a facility 
        for which the State has been delegated authority to take such 
        action pursuant to subsection (a), a State shall select a 
        remedy pursuant to section 121.
            ``(2) Permit waivers.--The State selecting a remedy in 
        accordance with paragraph (1) shall have the authority to waive 
        procedural requirements applicable to remedial actions in 
        accordance with section 121(d).
    ``(c) State Enforcement Responsibilities and Authorities.--
            ``(1) In general.--When determining liability for response 
        costs and damages at a facility for which the State has been 
        delegated authority to take such action pursuant to subsection 
        (a), the State shall make such determinations in accordance 
        with section 107.
            ``(2) Expedited settlements.--A State for which authority 
        has been delegated under subsection (a) shall provide for 
        expedited settlements in accordance with section 122.
            ``(3) Use of allocation procedures.--
                    ``(A) In general.--When the State has been 
                delegated authority to take enforcement action at a 
                facility for which an allocation is required under 
                section 128, the State shall conduct such allocation in 
                accordance with section 128. In addition, the State 
                shall--
                            ``(i) complete a potentially responsible 
                        party search for the site and make the results 
                        of the search available to the allocator and 
                        the potentially responsible parties; and
                            ``(ii) notify Federal, State, tribal, and 
                        foreign natural resources trustees of the 
                        commencement of the allocation process and, 
                        pursuant to section 104(b)(2), of potential 
                        natural resources damages.
                    ``(B) Allocation report.--When conducting an 
                allocation under subparagraph (A), a State may accept 
                or reject the allocation report on the same basis as 
                provided in section 128(s). If the State does not 
                reject the allocation, the State shall use the 
                allocator's report as the basis of State settlements. 
                The State may recover the costs of the allocation 
                pursuant to the provisions of this Act.
                    ``(C) Participation by president.--The President, 
                acting through either the Administrator or the Attorney 
                General, may participate in any phase of an allocation 
                proceeding conducted by a State under subparagraph (A) 
                if a Fund share is identified pursuant to section 
                128(n)(4).
                    ``(D) Application for funding.--If a State accepts 
                an allocation report as the basis for the State's 
                settlements in accordance with subparagraph (B), and 
                the allocation report identifies a Fund share, the 
                State shall apply for such funding by certifying each 
                of the following to the Administrator and the Attorney 
                General:
                            ``(i) The allocation presents a reasonable 
                        basis for resolving responsibility for the 
                        facility.
                            ``(ii) The assignment of the Fund share is 
                        in accordance with section 128(n)(4).
                    ``(E) Approval of application.--The Administrator 
                and the Attorney General shall approve a State's 
                application for mixed funding supported by an 
                allocation report and the certification described in 
                subparagraph (D), unless the Administrator and Attorney 
                General determine, within 120 days after such request 
                by the State, that the allocation does not meet the 
                standards set forth in section 128. Such determination 
                shall be made in the same manner, and shall be subject 
                to the same limitations, as set forth in section 128.
                    ``(F) Use of mixed funding.--A State may use mixed 
                funding only to fund response actions through 
                settlement or to reimburse parties performing work in 
                excess of the share assigned to the parties in 
                allocation. No such reimbursement may exceed the levels 
                available under section 122(b)(1).
                    ``(G) Recovery of funds.--The State may recover 
                funds provided through mixed funding from nonsettling 
                responsible parties pursuant to the provisions of this 
                Act.
            ``(4) Covenants.--In a case in which a State, acting 
        pursuant to delegated authority, under this section enters an 
        administrative or judicial settlement to resolve the liability 
        of responsible parties at the facility, the State shall confer 
        a covenant not to sue in accordance with section 122(f), which 
        may preclude some or all administrative or judicial action by 
        both the President and the State to recover response costs or 
        to compel response actions at the facility with respect to 
        matters addressed in the settlement, except that such covenants 
        shall not be binding on the governmental entity that did not 
        confer the covenant to the extent that--
                    ``(A) the covenant purports to address natural 
                resource damages;
                    ``(B) the President has not been provided notice 
                of, and an opportunity to participate in, the 
                settlement concerning the response action; or
                    ``(C) the President objects to the settlement 
                within 120 days of the date of the signature for the 
                record of decision or receipt of notice of the 
                settlement, whichever is later.
            ``(5) Cost recovery.--
                    ``(A) Recovery by a transferee state.--Of the 
                amount of any response costs recovered from a 
                responsible party by a State that is transferred 
                responsibility under section 107--
                            ``(i) 25 percent of the amount of any 
                        Federal response cost recovered with respect to 
                        a facility, plus an amount equal to the amount 
                        of response costs incurred by the State with 
respect to the facility, may be retained by the State for use in 
carrying out other response actions within the State; and
                            ``(ii) the remainder shall be deposited in 
                        the Fund.
                    ``(B) Recovery by the administrator.--
                            ``(i) In general.--The Administrator may 
                        take action under section 107 to recover 
                        response costs from a potentially responsible 
                        party for a facility for which responsibility 
                        is transferred to a State if--
                                    ``(I) the State notifies the 
                                Administrator in writing that the State 
                                does not intend to pursue action for 
                                recovery of response costs under 
                                section 107 against the potentially 
                                responsible party; or
                                    ``(II) the State fails to take 
                                action to recover response costs within 
                                a reasonable time in light of 
                                applicable statutes of limitation.
                            ``(ii) Notice.--If the Administrator 
                        proposes to commence an action for recovery of 
                        response costs under section 107, the 
                        Administrator shall give the State written 
                        notice and allow the State at least 90 days 
                        after receipt of the notice to commence the 
                        action.
                            ``(iii) State intervention.--If the 
                        Administrator takes action against a 
                        potentially responsible party under section 107 
                        relating to a release from a facility after 
                        providing a State notice under clause (ii), the 
                        State may not take any other action for 
                        recovery of response costs relating to that 
                        release under this Act or any other Federal or 
                        State law but may intervene in the action 
                        brought by the Administrator as a matter of 
                        right.
            ``(6) Federal intervention.--In any action commenced in a 
        court of the United States by a State to recover costs 
        described in this paragraph, the Administrator may intervene as 
        a matter of right.
            ``(7) Delisting of national priorities list facilities.--
                    ``(A) Delisting request.--A State may request that 
                the Administrator remove from the National Priorities 
                List all or part of a facility for which responsibility 
                has been transferred to the State under this section.
                    ``(B) Action by the administrator.--The 
                Administrator shall--
                            ``(i) promptly consider a request under 
                        subparagraph (A); and
                            ``(ii) remove the facility or part of the 
                        facility from the National Priorities List 
                        unless the delisting would be inconsistent with 
                        a requirement of this Act.
                    ``(C) Denial of request.--If the Administrator 
                decides to deny a request for delisting under 
                subparagraph (A), the Administrator shall publish the 
                decision in the Federal Register with an explanation of 
                the reasons for the denial.
                    ``(D) Report.--At the end of each calendar year, 
                the Administrator shall submit to Congress a report 
                describing actions taken under this paragraph during 
                the year.
    ``(d) Certification and Review of Use of Funds.--
            ``(1) Certification of use of funds.--Not later than 1 year 
        after a State receives funds pursuant to section 153, and 
        annually thereafter for as long as the State receives such 
        funds, the Governor of the State shall submit to the 
        Administrator the following:
                    ``(A) A certification that the State has used the 
                funds in accordance with the requirements of this 
                section and this Act.
                    ``(B) Information describing the manner in which 
                the State has used the funds.
                    ``(C) Such other information about the use of the 
                funds as the Administrator considers necessary.
            ``(2) Review of use of funds.--The Administrator shall 
        review any certification submitted by a Governor pursuant to 
        paragraph (1). If the Administrator finds that funds were used 
        in a manner that is inconsistent with the provisions of this 
        Act, the Administrator shall notify the Governor in writing 
        within 180 days after receiving the Governor's certification. 
        If the Governor fails to demonstrate within 60 days after 
        receiving such notice that the Administrator's finding is in 
        error or that the inconsistency is being corrected, the 
        Administrator may request reimbursement of such sums as the 
        Administrator has found to be used in a manner 
inconsistent with this Act or bring an action in the appropriate United 
States district court to recover the amount of funds used in a manner 
inconsistent with the provisions of this Act.
    ``(e) Withdrawal of Delegation.--
            ``(1) Certified states.--If the Administrator finds that a 
        State does not meet the requirements for a delegation of 
        authority under subsection (a)(2), or is exercising such 
        authority in a manner inconsistent with the requirements of 
        this Act, the Administrator may withdraw all of the State's 
        delegated authority after providing notice and an opportunity 
        to correct deficiencies pursuant to paragraph (2). If the 
        Administrator finds that the State is failing to meet the cost 
        recovery requirements prescribed by the Administrator pursuant 
        to subsection (a)(3)(C), the Administrator may withdraw all of 
        the enforcement authority delegated to the State under 
        subsection (a)(1)(B).
            ``(2) Notice and opportunity to rectify.--The Administrator 
        shall notify a State in writing prior to withdrawing authority 
        delegated pursuant to subsection (a). If the State has not 
        addressed the deficiencies listed in the Administrator's 
        notification within 120 days after receiving the notification, 
        the authority may be withdrawn.
    ``(f) Retained Federal Authority.--
            ``(1) General rule.--Except as provided in paragraph (2) 
        and subsections (c) and (e), the President is prohibited from 
        taking any action under section 104 (other than section 
        104(e)), 106, 107, 117, 121, 122, or 128, or under subsection 
        (e) or (h) (other than subsection (h)(2)) of section 120, at 
        any facility on the National Priorities List for which 
        authority to take such actions has been delegated to a State 
        under this section.
            ``(2) Exceptions.--The President may take an action under 
        this Act, notwithstanding a delegation of the Federal authority 
        to take such action to a State under this section, if--
                    ``(A) the State requests the President to take such 
                action;
                    ``(B) the President determines that--
                            ``(i) response actions are immediately 
                        required to prevent, limit, or mitigate an 
                        emergency;
                            ``(ii) there is an immediate risk to public 
                        health or welfare or the environment; and
                            ``(iii) the State will not take the 
                        necessary response actions in a timely manner;
                    ``(C) the Agency for Toxic Substances and Disease 
                Registry issues a public health advisory with respect 
                to the facility; or
                    ``(D) the President determines that contamination 
                has migrated across a State line, resulting in the need 
                for further response action to protect human health or 
                the environment.
    ``(g) Relationship to 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, or an Indian tribe.''.
    (b) Relationship to Other Laws.--Section 114(a) (42 U.S.C. 9614(a)) 
is amended by striking ``Nothing'' and inserting the following: 
``Except as provided in paragraphs (1) and (2) of section 151(b), 
nothing''.
    (c) Conforming Amendment.--Section 106(a) (42 U.S.C. 9606(a)) is 
amended by inserting after ``Attorney General of the United States'' 
the following: ``(or, in the case of a State delegation under section 
151, the appropriate State official)''.

SEC. 502. STATE AUTHORIZATION AT NPL FACILITIES.

    Subtitle B of title I, as added by section 501 of this Act, is 
amended by adding at the end the following:

``SEC. 152. STATE AUTHORIZATION AT NPL FACILITIES.

    ``(a) State Authority.--
            ``(1) Actions for which a state may receive 
        authorization.--The Administrator may, in accordance with this 
        section, authorize a State to implement the State's hazardous 
        substance response program in lieu of the response action 
        authorities of this Act at any or all of the facilities within 
        the State that are listed on the National Priorities List. 
        Except as provided by this section, a State authorized under 
        this section shall have sole authority under this Act to take 
        or secure all necessary response actions for the release or 
        threatened release of a hazardous substance at facilities for 
        which the State has received authorization.
            ``(2) Application for state authorization.--The Governor of 
        a State may submit to the Administrator an application for 
        State authorization with respect to 1 or more facilities, and 
        may seek amendments to its authorization to add or delete 
        facilities. Any such application shall contain the following:
                    ``(A) A list of facilities on the National 
                Priorities List within the State for which 
                authorization is requested.
                    ``(B) Information sufficient to demonstrate that 
                the State has adequate legal authority, financial and 
                personnel resources, organization, and expertise to 
                administer and enforce State hazardous substance 
                response program at the facilities for which 
                authorization is requested.
                    ``(C) If the authorization includes facilities at 
                which source, special nuclear, or byproduct materials 
                have been released or at which there is a threat of 
                such a release, a demonstration that the State has 
                expertise in radionuclides.
                    ``(D) A request for delegation under section 
                151(a)(1)(B) of Federal enforcement authority with 
                respect to any facility for which the State seeks 
                authorization.
                    ``(E) Information sufficient to demonstrate that 
                response actions to be taken by the State under the 
                authorization will protect human health and the 
                environment.
                    ``(F) A certification, with adequate supporting 
                documentation, that the State has procedures to provide 
                meaningful opportunities for public participation.
            ``(3) Notice and comment.--The Administrator shall provide 
        notice and an opportunity for public comment with respect to an 
        application submitted under paragraph (2).
            ``(4) Approval and disapproval of application.--
                    ``(A) In general.--On or before the last day of the 
                180-day period beginning on the date the Administrator 
                receives an application made in accordance with 
                paragraph (2), the Administrator shall approve or 
                disapprove the application. If the Administrator 
                disapproves the application, the Administrator shall 
                make 1 of the following findings:
                            ``(i) A finding that the State does not 
                        have adequate legal authority, financial and 
                        personnel resources, organization, or expertise 
                        to administer or enforce the State hazardous 
                        substance response program at the facilities 
                        for which authorization is requested.
                            ``(ii) With respect to a request for 
                        authorization for a facility at which source, 
                        special nuclear, or byproduct materials have 
                        been released or at which there is a threat of 
                        such a release, a finding that the State does 
                        not have expertise in radionuclides.
                            ``(iii) A finding that the State has not 
                        requested delegation of Federal enforcement 
                        authority under section 151(a)(1)(B) or that 
                        the State is ineligible to receive such 
                        authority under section 151(a)(3)(A).
                            ``(iv) A finding that response actions to 
                        be taken by the State under the authorization 
                        will not protect human health and the 
                        environment.
                            ``(v) A finding that the State does not 
                        have procedures to provide meaningful 
                        opportunities for public participation.
                    ``(B) Findings with respect to expertise in 
                radionuclides.--If the Administrator finds that the 
                State does not have expertise in radionuclides, the 
                Administration may disapprove that portion of the 
                application which includes facilities at which source, 
                special nuclear, or byproduct materials have been 
                released or at which there is a threat of such a 
                release.
                    ``(C) Terms and conditions prohibited.--The 
                Administrator may not, as a condition of granting an 
                application for State authorization, place any terms or 
                conditions on an authorization made pursuant to this 
                section, except that the Administrator may prescribe 
                requirements to ensure timely and effective recovery by 
                the State of response costs paid by funds from the Fund 
                and to ensure adequate information and documentation by 
                the State to allow such cost recovery.
                    ``(D) Explanation and resubmittal.--If the 
                Administrator disapproves an application by making 1 of 
                the findings in subparagraph (A), or a portion of the 
                application by making a finding under subparagraph (B), 
                the Administrator shall notify the Governor in writing 
                of the disapproval and explain the basis for such 
                finding within 180 days after receiving the 
                application. A notification under this subparagraph is 
                final agency action for purposes of judicial review. A 
                Governor may submit a revised application any time 
                after receiving notice of disapproval.
            ``(5) Failure to act.--If the Administrator does not make a 
        determination under paragraph (3) with respect to an 
        application on or before the last day of the 180-day period 
        specified in paragraph (3), on such last day the application is 
        deemed to be denied and the State shall be entitled to judicial 
        review of such denial under section 113(b).
            ``(6) Expedited authorization.--
                    ``(A) Pilot program.--Notwithstanding paragraph 
                (4), the Administrator shall provide an expedited 
                process for the evaluation of the applications of not 
                more than 6 States qualified for authorization under 
                this section. The Administrator shall identify such 
                States not later than 30 days after the date of the 
                enactment of this section.
                    ``(B) Approval and disapproval.--An application 
                submitted by a State identified by the Administrator 
                under subparagraph (A) on or before the last day of the 
                12-month period beginning on the date of the enactment 
                of this section shall be deemed to be approved on the 
                last day of the 180-day period specified in paragraph 
                (3) unless, on or before such last day, the 
                Administrator publishes in the Federal Register an 
                explanation of why such State does not meet the 
                criteria for authorization established under this 
                section.
                    ``(C) Notice and comment.--The Administrator shall 
                provide notice and an opportunity for public comment 
                with respect to an application submitted under this 
                paragraph.
                    ``(D) Report to congress.--Not later than 3 years 
                after the date of the enactment of this section, the 
                Administrator shall transmit to Congress a report on 
                the status of any facilities for which a State has 
                received authorization under this section.
                    ``(E) Regulations.--Not later than 4 years after 
                the date of the enactment of this section, the 
                Administrator shall issue regulations providing 
                criteria for expedited authorization of States under 
                this section.
    ``(b) State Responsibilities and Authorities.--
            ``(1) Certification of use of funds.--Not later than 1 year 
        after a State receives funds pursuant to section 153, and 
        annually thereafter for as long as the State receives such 
        funds, the Governor of the State shall submit to the 
        Administrator the following:
                    ``(A) A certification that the State has used the 
                funds in accordance with the requirements of this 
                section and State law.
                    ``(B) Information describing the manner in which 
                the State has used the funds.
                    ``(C) Such other information about the use of the 
                funds as the Administrator considers necessary.
            ``(2) Delisting of national priorities list facilities.--
        After notice and an opportunity for public comment, a State 
        authorized pursuant to subsection (a) with respect to a 
        facility may delist the facility, or portion thereof, from the 
        National Priorities List if--
                    ``(A) the State finds that no further action to 
                address the contamination at the facility (or portion 
                thereof) is necessary to adequately protect public 
                health and the environment; or
                    ``(B) cleanup is proceeding at the facility under 
                the Solid Waste Disposal Act.
            ``(3) Enforcement.--Any State that receives approval of an 
        application made under subsection (a)(2) shall receive 
        delegation of enforcement authorities under section 
        151(a)(1)(B) and shall implement such authorities in accordance 
        with section 151(c).
    ``(c) Federal Responsibilities and Authorities.--
            ``(1) Review of use of funds.--The Administrator shall 
        review any certification submitted by a Governor pursuant to 
        subsection (b)(1). If the Administrator finds that funds were 
        used in a manner that is inconsistent with the provisions of 
        this section, the Administrator shall notify the Governor in 
        writing within 180 days after receiving the Governor's 
        certification. If the Governor fails to demonstrate within 60 
        days after receiving such notice that the Administrator's 
        finding is in error, or that the inconsistency is being 
        corrected, the Administrator may request reimbursement of such 
        sums as the Administrator has found to be used in a manner 
        inconsistent with this section or bring an action in the 
        appropriate United States district court to recover the amount 
        of funds used in a manner inconsistent with the provisions of 
        this section.
            ``(2) Withdrawal of authorization.--
                    ``(A) Certified states.--If the Administrator finds 
                that a State does not meet the requirements for 
                authorization under subsection (a)(2), or fails to meet 
terms and conditions for authorization added pursuant to subsection 
(a)(4)(C), or is exercising such authority in a manner inconsistent 
with the requirements of this section, the Administrator may withdraw 
the State's authorization after providing notice and an opportunity to 
correct deficiencies pursuant to subparagraph (B).
                    ``(B) Notice and opportunity to rectify.--The 
                Administrator shall notify a State in writing prior to 
                withdrawing authorization approved pursuant to 
                subsection (a). If the State has not addressed the 
                deficiencies listed in the Administrator's notification 
                in a timely manner after receiving the notification, 
                the authority may be withdrawn.
            ``(3) Prohibited actions.--
                    ``(A) In general.--Except as provided in this 
                paragraph or in subsections (b)(3) and (d), the 
                Administrator is prohibited from taking any actions 
                under this Act at any facility on the National 
                Priorities List for which authorization has been 
                granted under this section.
                    ``(B) Exceptions.--The President may take action 
                under this Act, notwithstanding an authorization of a 
                State under this section to take such action in lieu of 
                Federal action, if--
                            ``(i) the State requests the President to 
                        take such action;
                            ``(ii) the President determines that--
                                    ``(I) response actions are 
                                immediately required to prevent, limit, 
                                or mitigate an emergency;
                                    ``(II) there is an immediate risk 
                                to public health or welfare or the 
                                environment; and
                                    ``(III) the State will not take the 
                                necessary response actions in a timely 
                                manner;
                            ``(iii) the Agency for Toxic Substances and 
                        Disease Registry issues a public health 
                        advisory with respect to the facility; or
                            ``(iv) the President determines that 
                        contamination has migrated across a State line, 
                        resulting in the need for further response 
                        action to protect human health or the 
                        environment.
    ``(d) Relationship to 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 or 
political subdivision or Indian tribe.''.

SEC. 503. FEDERAL FUNDING OF STATE ACTIONS UNDER STATE DELEGATION OR 
              STATE AUTHORIZATION.

    Subtitle B of title I, as added by section 501 of this Act, is 
further amended by adding at the end the following:

``SEC. 153. FEDERAL FUNDING.

    ``(a) In General.--The Administrator shall provide grants to, or 
enter into contracts or cooperative agreements with, States to which 
responsibility has been transferred under section 151 or section 152.
    ``(b) Level of Funding.--Once every 3 years with respect to 
paragraphs (1) and (2), and once each year with respect to paragraph 
(3), the Administrator and the State shall determine the Federal 
resources necessary for the State to undertake the responsibilities 
delegated to the State under section 151, or for which the State is 
authorized to take action in lieu of the Federal program under section 
152, as follows:
            ``(1) Administrative costs.--The Administrator shall 
        provide funding for State administration of the Federal program 
        delegated under section 151, or for administration of the State 
        response program in lieu of the Federal program under section 
        152, based on the number of facilities and the activities at 
        the facilities for which the State has received delegation or 
        authorization. Such funding may be based on a calculation of 
        the fixed costs of program administration. In no case shall 
        such funding be less than the funding levels necessary for 
        Federal administration of the same activities.
            ``(2) Preconstruction costs.--The Administrator and the 
        States shall agree upon funding for all preconstruction 
        activities for which the State has received delegation or 
        authorization. Such funding may be based on anticipated outputs 
        and standard pricing factors.
            ``(3) Remedy construction costs.--The Administrator shall 
        provide funding for remedy construction at a site for which the 
        State has such authority under section 151 or section 152, if--
                    ``(A) the remedial design for the site is complete; 
                and
                    ``(B) in the case of a State with enforcement 
                authority for the site, the State certifies that--
                            ``(i) there are no viable potentially 
                        responsible parties capable of performing the 
                        response action; or
                            ``(ii) enforcement measures have been 
                        attempted and the remedial action would be 
                        delayed absent funding from the Fund.
    ``(c) Integration Into the National Prioritization Panel Process.--
            ``(1) In general.--The Administrator shall include 
        transferred facilities in the process for allocating funds 
        among facilities.
            ``(2) Consideration.--In allocating funding among 
        facilities, the Administrator--
                    ``(A) shall not take into consideration whether a 
                transfer of responsibility has been made at any listed 
                facility; and
                    ``(B) shall apply the same decisionmaking criteria 
                and factors (including the need to maintain activity at 
                facilities at which construction has been commenced) in 
                the same manner to all facilities.
            ``(3) Publication of list.--The Administrator shall publish 
        a proposed list of facilities at which a response action will 
        be taken.
    ``(d) Use of Funds.--
            ``(1) Pre-remedial funds.--A State may use funds provided 
        under subsections (b)(1) and (b)(2) to take any actions or 
        perform any duties necessary to implement--
                    ``(A) any authority delegated to the State under 
                section 151; and
                    ``(B) any State hazardous substance response 
                program activity that the State has received 
                authorization to implement in lieu of the Federal 
                program under section 152.
            ``(2) Remedy construction funds.--A State shall use funds 
        provided under subsection (b)(3) to construct the remedy at the 
        facility for which funding is provided. If the remedy is 
        completed at a cost below the estimated cost, a State may 
        retain 50 percent of the excess funds for site remediation 
        under the State response program.
    ``(e) Limitation on Reimbursement for Removal Actions Under Section 
104.--Reimbursement to a State for exercising any removal authority 
under section 151 or 152 shall be limited to those facilities for which 
removal authority is specifically delegated or authorized under such 
sections, except as provided in section 123.
    ``(f) Cost Share.--A State may not use funds provided under this 
section unless the State provides assurances that it will pay the 
amount described in section 104(c)(3). A State may not use funds 
appropriated to carry out the purposes of this section to make such 
payments.''.

SEC. 504. TRANSFER OF AUTHORITIES.

    Subtitle B of title I, as added by section 501 of this Act, is 
further amended by adding at the end the following:

``SEC. 154. TRANSFER OF AUTHORITIES.

    ``A delegation of authority under section 151, or an authorization 
of a State to implement its own laws in lieu of this Act under section 
152, shall become effective on or before the 60th day following the 
date of the approval of such delegation or authorization.''.

SEC. 505. STATE COST SHARE.

    Section 104(c)(3) (42 U.S.C. 9604(c)(3)) is amended to read as 
follows:
            ``(3) State cost share.--
                    ``(A) Agreement.--Neither the Administrator nor a 
                State described in subparagraph (B) may provide any 
                remedial action pursuant to this section unless the 
                State first enters into a contract or cooperative 
                agreement with the Administrator providing assurances 
                deemed adequate by the Administrator that the State 
                will pay, in cash or through in-kind contributions, 10 
                percent of the costs of the remedial action and the 
                costs of operation and maintenance.
                    ``(B) Applicability.--Subparagraph (A) shall apply 
                to a State notwithstanding any delegation of authority 
                pursuant to section 151(a) to take remedial action or 
                any authorization pursuant to section 152(a) to take 
                remedial action.
                    ``(C) Mixed funding.--Subparagraph (A) shall not 
                apply with respect to mixed funding under section 
                122(b)(1).''.

SEC. 506. ADDITIONS TO NATIONAL PRIORITIES LIST.

    (a) Governors' Concurrence Required.--Section 105 (42 U.S.C. 9605) 
is amended by adding after subsection (h) of such section, as added by 
section 224 of this Act, the following:
    ``(i) Concurrence of Governors Required for Additions to National 
Priorities List.--
            ``(1) In general.--The President may add a facility to the 
        National Priorities List only with the concurrence of the 
Governor of the State in which the facility is located.
            ``(2) Exception.--Notwithstanding paragraph (1), the 
        President may add a facility to the National Priorities List 
        without the concurrence of the Governor if, as of the date that 
        is 12 months following the President's request for 
        concurrence--
                    ``(A) the Governor has not taken a response action 
                to address the release or threatened release of 
                hazardous substances at the facility; and
                    ``(B) the facility presents sufficient risks under 
                the Hazard Ranking System to be listed as a national 
                priority under section 105(a)(8)(B).
    ``(j) NPL Deferrals.--
            ``(1) Deferrals to other federal authority.--The President 
        generally shall defer listing a facility on the National 
        Priorities List if long-term remedial action will be conducted 
        under other Federal authorities, including the Solid Waste 
        Disposal Act (42 U.S.C. 6901 et seq.), the Surface Mining 
        Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), 
        the Federal Insecticide, Fungicide, and Rodenticide Act (7 
        U.S.C. 136 et seq.), and the Atomic Energy Act of 1954 (42 
        U.S.C. 2011 et seq.).
            ``(2) Deferral to state response action.--The President 
        generally shall defer listing a facility on the National 
        Priorities List if remedial action that will provide long-term 
        protection of human health and the environment is underway at 
        that facility under a State response program.''.
    (b) Cross Reference.--Section 105(a)(8)(B) (42 U.S.C. 
9605(a)(8)(B)) is amended by inserting after ``shall revise the list'' 
the following: ``, subject to subsection (h),''.

SEC. 507. STATE AND LOCAL REIMBURSEMENT FOR RESPONSE ACTIONS.

    Section 123 (42 U.S.C. 9623) is amended to read as follows:

``SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS.

    ``(a) Application.--Any State or general purpose unit of local 
government for a political subdivision which is affected by a release 
or threatened release at any facility may apply to the President for 
reimbursement under this section.
    ``(b) Reimbursement.--
            ``(1) Emergency response.--The President is authorized to 
        reimburse a State or general purpose unit of local government 
        for expenses incurred in carrying out emergency response 
        actions necessary to prevent or mitigate injury to human health 
        or the environment associated with the release or threatened 
        release of any hazardous substance or pollutant or contaminant. 
        Such actions may include, where appropriate, security fencing 
        to limit access, response to fires and explosions, and other 
        activities which require immediate response at the State or 
        local level.
            ``(2) State or local funds not supplanted.--Reimbursement 
        under this section shall not supplant State or local funds 
        normally provided for response.
    ``(c) Amount.--
            ``(1) Reimbursement to states and general purpose units of 
        local government.--The amount of any reimbursement to a State 
        or general purpose unit of local government under subsection 
        (b)(1) may not exceed $25,000 for a single response. The 
        reimbursement under this section with respect to a single 
        facility shall be limited to the State or general purpose unit 
        of local government having jurisdiction over the political 
subdivision in which the facility is located.
            ``(2) Limitation.--The amounts allowed for the State and 
        general purpose units of local government may not be combined 
        for any single response action.
    ``(d) Procedure.--Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator within 1 year after the date of the enactment of the 
Superfund Acceleration, Fairness, and Efficiency Act.''.

SEC. 508. STATE ROLE AT FEDERAL FACILITIES.

    Section 120(g) (42 U.S.C. 9620(g)) is amended to read as follows:
    ``(g) State Role at Federal Facilities.--
            ``(1) Enforcement and dispute resolution.--(A) An 
        interagency agreement under this section between a State and 
        any department, agency, or instrumentality of the United States 
        shall be enforceable by the State or the Federal department, 
        agency, or instrumentality in the United States district court 
        for the district in which the facility is located. The district 
        court shall have the jurisdiction to enforce compliance with 
        any provision, standard, regulation, condition, requirement, 
        order, or final determination which has become effective under 
        such agreement, and to impose any appropriate civil penalty 
        provided for any violation of the agreement, not to exceed 
        $25,000 per day.
            ``(B) At a Federal facility in a State to which the 
        President's authorities under subsection (e)(4) have been 
        transferred pursuant to section 151(a), if the State does not 
        concur in the remedy selection proposed by the Federal 
        department, agency, or instrumentality that owns or operates 
        the facility, the parties shall enter into dispute resolution 
        as provided in the interagency agreement. If there is no 
        interagency agreement, the State shall, not later than 120 days 
        after the transfer of authorities under section 151(a), enter 
        into an agreement with the head of the department, agency, or 
        instrumentality on a process for resolving disputes regarding 
        remedy selection for the facility. If a dispute is unresolved 
        after using the process under the interagency agreement or 
        dispute resolution agreement, the head of the Federal 
        department, agency, or instrumentality that owns the Federal 
        facility and the Governor of the State shall attempt to resolve 
        such dispute by consensus. If no agreement is reached between 
        the head of the Federal department, agency, or instrumentality 
        and the Governor, the State may issue the final determination. 
        In order to compel implementation of the State's selected 
        remedy, the State must bring a civil action in the appropriate 
        United States district court. The district court shall have 
        jurisdiction as provided in subparagraph (A) to issue any 
        relief that may be necessary to implement the remedial action, 
        to impose appropriate civil penalties not to exceed $25,000 per 
        day from the date the selected remedy becomes final, and to 
        review any challenges to the State's final determination 
        consistent with the standards set forth in section 113(j) of 
        this Act.
            ``(2) Limitation.--Except as necessary to implement the 
        transfer of the Administrator's authorities to a State pursuant 
        to section 151(a), nothing in this subsection shall be 
        construed as altering, modifying, or impairing in any manner, 
        or authorizing the unilateral modification of, any terms of any 
        agreement, permit, administrative or judicial order, decree, or 
        interagency agreement existing on the effective date of the 
        Superfund Acceleration, Fairness, and Efficiency Act. Any other 
        modifications or revisions of an interagency agreement entered 
        into under this section shall require the consent of all 
        parties to such agreement, and absent such consent the 
        agreement shall remain unchanged.
            ``(3) Effect on other authorities.--Nothing in this 
        subsection shall affect the exercise by a State of any other 
        authorities that may be applicable to Federal facilities in the 
        State.''.

                  TITLE VI--NATURAL RESOURCES DAMAGES

SEC. 601. NATURAL RESOURCES DEFINED.

    Section 101(16) (42 U.S.C. 9601(16)) is amended by striking 
``belonging to'' and all that follows before the period at the end.

SEC. 602. CONSULTATION WITH NATURAL RESOURCES TRUSTEES.

    Section 104(c)(2) is amended by inserting ``and the affected 
natural resource trustee or trustees'' after ``State or States''.

SEC. 603. LIABILITY.

    Section 107(f) (42 U.S.C. 9707(f)) is amended by striking 
``(f)(1)'' and all that follows through the period at the end of 
paragraph (1) and inserting the following:
    ``(f) Natural Resources Liability.--
            ``(1) Liability.--
                    ``(A) Liability to united states, states, indian 
                tribes, and foreign countries.--Except as provided by 
                subparagraph (B), in the case of an injury to, 
                destruction of, or loss of natural resources under 
                subsection (a)(2)(C), liability shall be--
                            ``(i) to the United States Government, for 
                        natural resources belonging to, managed by, or 
                        held in trust by the United States Government 
                        or selected for transfer (but not transferred 
                        on or before the date of the injury, 
                        destruction, or loss) to an Alaska Native 
                        Corporation as part of the acreage entitlement 
                        of the Corporation under the Alaska Native 
                        Claims Settlement Act (43 U.S.C. 1601 et seq.);
                            ``(ii) to a State, for natural resources 
                        within the State belonging to, managed by, or 
                        held in trust by the State or allocated to the 
                        State pursuant to an interstate compact to 
                        which the State is a signatory;
                            ``(iii) to an Indian tribe, for natural 
                        resources belonging to, managed by, granted 
                        rights to by treaty, or held in trust by the 
                        tribe, or belonging to a member of such tribe 
                        if such resources are subject to a trust 
                        restriction on alienation; and
                            ``(iv) in any case in which subsection (n) 
                        applies, to the government of a foreign country 
                        for natural resources belonging to, managed by, 
                        or held in trust by the foreign country.
                    ``(B) Exceptions to liability requirements.--No 
                liability to the United States, a State, an Indian 
                tribe, or a foreign country shall be imposed under 
                subsection (a)(2)(C) where the party sought to be 
                charged has demonstrated that the damages to natural 
                resources complained of were specifically identified as 
                an irreversible and irretrievable commitment of natural 
                resources in an environmental impact statement, or 
                other comparable environment analysis, and the decision 
                to grant a permit or license authorizes such commitment 
                of natural resources, and the facility or project was 
                otherwise operating within the terms of its permit or 
                license, so long as, in the case of damages to an 
                Indian tribe occurring pursuant to a Federal permit or 
                license, the issuance of that permit or license was not 
                inconsistent with the fiduciary duty of the United 
                States with respect to the Indian tribe.
                    ``(C) Public trustees of natural resources.--The 
                President, the authorized representative of a State, or 
                the authorized representative of an Indian tribe shall 
                act on behalf of the public or the Indian tribe, as 
                appropriate, as trustee for a natural resource to 
                recover for damages under this section. The authorized 
                representative of a foreign country shall act on behalf 
                of the public of such country as trustee for a natural 
                resource to recover for damages under this section.''.

SEC. 604. DESIGNATION OF TRUSTEES.

    (a) Designation of Indian Tribe and Foreign Trustees.--Section 
107(f)(2) (42 U.S.C. 9707(f)(2)) is amended--
            (1) by striking the paragraph heading and inserting the 
        following: ``Designation of federal, state, indian tribe, and 
        foreign trustees.--''; and
            (2) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) Indian tribe.--The elected council or elected 
                head official of an Indian tribe shall designate Indian 
                tribe officials who may act on behalf of the Indian 
                tribe as trustees for natural resources under this Act 
                and section 311 of the Federal Water Pollution Control 
                Act and shall notify the President of such 
                designations. Such Indian tribe officials shall assess 
                damages to natural resources for the purposes of this 
                Act and such section 311 for those natural resources 
                under their trusteeship.
                    ``(D) Foreign trustees.--The head of any foreign 
                government may designate the trustee who shall act on 
                behalf of the government as trustee for natural 
                resources under this Act and section 311 of the Federal 
                Water Pollution Control Act. Such trustee shall assess 
                damages to natural resources for the purposes of this 
                Act and such section 311 for those natural resources 
                under their trusteeship.''.
    (b) Relationship Among Trustees.--Section 107(f)(2) (42 U.S.C. 
9707(f)(2)) is further amended by adding at the end the following:
                    ``(E) Designation of lead decisionmaking trustee.--
                            ``(i) In general.--If more than one trustee 
                        is designated for a natural resource under this 
                        paragraph, the following trustee may elect to 
                        serve as the lead decisionmaking trustee for 
                        the resource:
                                    ``(I) The United States, for 
                                resources belonging to or held in trust 
                                by the United States or for which the 
                                United States exercises primary 
                                management under the Endangered Species 
                                Act of 1973 (16 U.S.C. 1531 et seq.), 
                                the Magnuson-Stevens Fishery 
                                Conservation and Management Act (16 
                                U.S.C. 1801 et seq.), the Migratory 
                                Bird Treaty Act (16 U.S.C. 703 et 
                                seq.), the Marine Mammal Protection Act 
                                of 1972 (16 U.S.C. 1631 et seq.), the 
                                Wild Free-Roaming Horses and Burros Act 
                                (16 U.S.C. 1331 et seq.), or the Bald 
                                Eagle Protection Act (16 U.S.C. 668 et 
                                seq.).
                                    ``(II) An Indian tribe, for 
                                resources belonging to such tribe or 
                                for which the tribe is the primary 
                                manager pursuant to a treaty.
                                    ``(III) A foreign country for 
                                resources belonging to or held in trust 
                                by the foreign country or for which the 
foreign country is granted rights by treaty.
                                    ``(IV) A State, if the State is a 
                                trustee for the resource and 
                                subparagraphs (I), (II), and (III) do 
                                not apply.
                            ``(ii) Responsibility of lead 
                        decisionmaking trustee.--A lead decisionmaking 
                        trustee for a resource designated under this 
                        subparagraph shall be responsible for 
                        determining the measurement of damages for the 
                        resource after soliciting and considering the 
                        views of the other trustees for the resource.
                            ``(iii) Limitation.--A trustee may not be 
                        designated as a lead decisionmaking trustee for 
                        a resource under this subparagraph if the 
                        trustee is a potentially responsible party with 
                        respect to damages to the resource.''.

SEC. 605. DETERMINATION OF CAUSATION.

    Section 107(f) (42 U.S.C. 9707(f)) is amended by adding at the end 
the following:
            ``(3) Determination of causation.--Any determination of 
        whether injury to, destruction of, or loss of a natural 
        resource results from a release under subsection (a)(2)(C) 
        shall be made in accordance with the Restatement (Second) of 
        Torts, as in effect on the date of the enactment of this 
        paragraph.''.

SEC. 606. MEASURE OF DAMAGES.

    Section 107(f) is further amended by adding at the end the 
following:
            ``(4) Measure of damages.--
                    ``(A) In general.--The measure of damages to a 
                natural resource under subsection (a)(2)(C) shall be 
                limited to the following:
                            ``(i) Reasonable costs of restoration of 
                        the resource.
                            ``(ii) The loss of use by the public of the 
                        resource prior to restoration, except that any 
                        such loss before December 11, 1980, shall not 
                        be recoverable.
                            ``(iii) The costs of reasonable assessment 
                        of damages to the resource.
                    ``(B) Psychological damages.--
                            ``(i) Recovery prohibited.--There shall be 
                        no recovery under subsection (a)(2)(C) for 
                        psychological damages.
                            ``(ii) Psychological damages defined.--In 
                        this subparagraph, the term `psychological 
                        damages' means damages based on how a person or 
                        group of persons feels about or perceives a 
                        resource.''.

SEC. 607. DAMAGE ASSESSMENTS.

    Section 107(f) (42 U.S.C. 9707(f)) is further amended by adding at 
the end the following:
            ``(5) Damage assessments.--
                    ``(A) In general.--To the extent practicable, a 
                Federal, State, Indian tribe, or foreign trustee 
                designated under this subsection shall base any measure 
                of damages under paragraph (4) with respect to a site 
                on an assessment of the specific conditions and 
                restoration requirements at the site.
                    ``(B) Assessment requirements.--Any assessment used 
                by a trustee under subparagraph (A) shall be based on, 
                and performed in accordance with, generally accepted 
                scientific and technical standards, literature, and 
                methodologies that ensure the validity, reliability, 
                and cost-effectiveness of assessment results.''.

SEC. 608. PROCESS FOR DETERMINING DAMAGES.

    Section 107(f) (42 U.S.C. 9707(f)) is further amended by adding at 
the end the following:
            ``(6) Process for determining damages.--
                    ``(A) Standard of review.--All aspects of the 
                determination or assessment of damages for injury to, 
                destruction of, or loss of natural resources made by a 
                Federal, State, Indian tribe, or foreign trustee for 
                the purposes of this Act or section 311 of the Federal 
                Water Pollution Control Act shall be adjudicated in a 
                de novo trial in a Federal district court.
                    ``(B) Public participation.--Any determination or 
                assessment of damages to a natural resource made by a 
                Federal, State, Indian tribe, or foreign trustee for 
                purposes of this Act or section 311 of the Federal 
                Water Pollution Control Act shall be made through a 
                process which allows for reasonable public 
                participation as to the scope, extent, and nature of 
                injury to, destruction of, or loss of natural resources 
                and the appropriate restoration under this section.
                    ``(C) Inadmissibility of certain evidence.--If, in 
                providing for public participation under subparagraph 
                (B), a Federal, State, Indian tribe, or foreign trustee 
                provides for notice and comment and the development of 
                a public record, and if a party, including a trustee, 
                fails to make available to the public record any 
                reasonably relevant information related to the scope, 
                extent, and nature of injury to, destruction of, or 
                loss of natural resources and the appropriate 
                restoration under this section, such information shall 
                not be admissible by the party as evidence in any 
                subsequent judicial or administrative proceeding.''.

SEC. 609. SELECTION OF RESTORATION ALTERNATIVES.

    Section 107(f) (42 U.S.C. 9707(f)) is further amended by adding at 
the end the following:
            ``(7) Selection of restoration alternatives.--
                    ``(A) In general.--In selecting a range of possible 
                restoration alternatives, a Federal, State, Indian 
                tribe, or foreign trustee designated under this 
                subsection shall select measures that are feasible and 
                cost-effective.
                    ``(B) Preference.--A trustee shall give preference 
                to any alternatives selected under subparagraph (A) 
                that meet the following requirements:
                            ``(i) Notwithstanding the limitations in 
                        paragraph (4), the incremental costs are 
                        justified by the incremental benefits.
                            ``(ii) Restoration is achieved in a timely 
                        manner.''.

SEC. 610. USE OF SUMS RECOVERED BY TRUSTEES.

    Section 107(f) (42 U.S.C. 9707(f)) is further amended by adding at 
the end the following:
            ``(8) Use of sums recovered by trustees.--
                    ``(A) Use of sums recovered by the united states.--
                Sums recovered for damages to natural resources by the 
                United States Government as a trustee under this 
                subsection shall be retained by the trustee, without 
                further appropriation, for use only to restore, 
                replace, or acquire the equivalent of such natural 
                resources.
                    ``(B) Use of sums recovered by a state, indian 
                tribe, or foreign country.--Sums recovered for damages 
                to natural resources by a State, Indian tribe, or 
                foreign country as a trustee under this subsection 
                shall be available for use only to restore, replace, or 
                acquire the equivalent of such natural resources by the 
                State, Indian tribe, or foreign country.''.

SEC. 611. RELATION TO OTHER LAWS; DAMAGES OCCURRING BEFORE DECEMBER 11, 
              1980.

    Section 107(f) (42 U.S.C. 9707(f)) is further amended by adding at 
the end the following:
            ``(9) Relation to other laws.--
                    ``(A) Double recovery prohibited.--Any trustee who 
                receives compensation for damages or claims with 
                respect to a natural resource pursuant to this section 
                shall be precluded from recovering compensation for the 
                damages or claims with respect to the same natural 
                resource pursuant to any other State or Federal law. 
                Any trustee who receives compensation for damages or 
                claims with respect to a natural resource pursuant to 
                any other Federal or State law shall be precluded from 
                receiving compensation for damages or claims with 
                respect to the same natural resource as provided in 
                this section.
                    ``(B) Double liability prohibited.--Any person who 
                pays compensation to one or more parties for damages or 
                claims with respect to a natural resource pursuant to 
                this section shall not be required to pay compensation 
                for damages or claims with respect to the same natural 
                resource pursuant to this Act or any other State or 
                Federal law. Any person who pays compensation for 
                damages or claims with respect to a natural resource 
                pursuant to any other Federal or State law shall not be 
                required to pay compensation for damages or claims with 
                respect to the same natural resource as provided in 
                this section.
                    ``(C) Person defined.--In this paragraph, the term 
                `person' has the meaning given such term by section 101 
                and also includes an Indian tribe and a foreign 
                country.
            ``(10) Damages occurring before december 11, 1980.--There 
        shall be no recovery for damages to natural resources under the 
        authority of subsection (a)(2)(C) where such damages and the 
        release of a hazardous substance from which such damages 
        resulted have occurred wholly before December 11, 1980.''.

SEC. 612. RESTORATION.

    Section 107(f) (42 U.S.C. 9707(f)) is further amended by adding at 
the end the following:
            ``(11) Restoration.--
                    ``(A) Restoration defined.--In this subsection, the 
                term `restoration' means actions to restore, replace, 
                or acquire the equivalent of an injured natural 
                resource that return the injured natural resource to 
                the condition that would exist had the release not 
                occurred, as measured by reinstatement of the 
                consumptive and nonconsumptive services provided to the 
                public by the resource.
                    ``(B) Measurement of restoration of certain 
                resources.--
                            ``(i) Resources protected under wilderness 
                        act or marine protection, research, and 
                        sanctuaries act of 1972.--For purposes of this 
                        subsection, restoration of an injured 
                        biological resource that is protected under the 
                        Wilderness Act (16 U.S.C. 1131 et seq.), or 
                        that is located in a marine sanctuary 
                        designated under the Marine Protection, 
                        Research, and Sanctuaries Act of 1972 (16 
                        U.S.C. 1431 et seq.), may be measured by 
                        reinstatement of populations of such resource 
                        to the condition that would exist had the 
                        release not occurred.
                            ``(ii) Resources protected under endangered 
                        species act of 1973.--For purposes of this 
                        subsection, restoration of a resource that is 
                        protected under the Endangered Species Act of 
                        1973 (16 U.S.C. 1531 et seq.) may be measured 
                        by compliance with existing or planned recovery 
                        plans and requirements developed for such 
                        resource under section 1533(f) of such Act.''.

SEC. 613. RECOVERY BY FOREIGN CLAIMANTS.

    Section 107 is amended by adding at the end the following:
    ``(n) Recovery by Foreign Claimants.--
            ``(1) Required showing by foreign claimants.--
                    ``(A) In general.--In addition to satisfying the 
                other requirements of this Act, to recover damages 
                under subsection (a)(2)(C) a foreign claimant shall 
                demonstrate that--
                            ``(i) the claimant has not been otherwise 
                        compensated for the damages; and
                            ``(ii) recovery is authorized by a treaty 
                        or executive agreement between the United 
                        States and the claimant's country, or the 
                        Secretary of State, in consultation with the 
                        Attorney General and other appropriate 
                        officials, has certified that the claimant's 
                        country provides a comparable remedy for United 
                        States claimants.
            ``(2) Releases in foreign countries.--A foreign claimant 
        may make a claim for damages resulting from a release, or 
        substantial threat of a release, in or on the territorial sea, 
        internal waters, or adjacent shoreline of a foreign country, 
        only if the release is from--
                  ``(A) an Outer Continental Shelf facility or a 
                deepwater port;
                  ``(B) a vessel in the navigable waters; or
                  ``(C) a vessel carrying a hazardous substance as 
                cargo between 2 places in the United States.
          ``(3) Foreign claimant defined.--In this subsection, the term 
        `foreign claimant' means--
                  ``(A) the government of a foreign country; and
                  ``(B) an agency or political subdivision of a foreign 
                country.''.

SEC. 614. APPLICABILITY.

    (a) In General.--The amendments made by this title shall not apply 
to an action to recover natural resource damages under section 107(f) 
in which a trial has begun before July 1, 1997, or in which a final 
settlement, decree, or order has been issued before such date.
    (b) Expired Actions Under Section 113(g)(1).--The amendments made 
by this title shall not be construed to affect any action for damages 
that has expired under section 113(g)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), as in effect on the day before the date of the 
enactment of this Act.

                        TITLE VII--OIL POLLUTION

SEC. 701. NATURAL RESOURCES DEFINED.

    Section 1001(20) of the Oil Pollution Act of 1990 (33 U.S.C. 2701) 
is amended by striking ``belonging to'' and all that follows before the 
semicolon at the end.

SEC. 702. LIABILITY.

    Section 1006(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2706(a)) is amended to read as follows:
    ``(a) Liability.--In the case of natural resources damages under 
section 1002(b)(2)(A), liability shall be--
            ``(1) to the United States Government, for natural 
        resources belonging to, managed by, or held in trust by the 
        United States Government or selected for transfer (but not 
        transferred on or before the date of the injury, destruction, 
        or loss) to an Alaska Native Corporation as part of the acreage 
        entitlement of the Corporation under the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.);
            ``(2) to a State, for natural resources within the State 
        belonging to, managed by, or held in trust by the State or 
        allocated to the State pursuant to an interstate compact to 
        which the State is a signatory;
            ``(3) to an Indian tribe, for natural resources belonging 
        to, managed by, granted rights to by treaty, or held in trust 
        by the tribe, or belonging to a member of the tribe if such 
        resources are subject to a trust restriction on alienation; and
            ``(4) in any case in which section 1007 applies, to the 
        government of a foreign country, for natural resources 
        belonging to, managed by, or held in trust by the country.''.

SEC. 703. DESIGNATION OF LEAD DECISIONMAKING TRUSTEE.

    Section 1006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
2706(b)) is amended by adding at the end the following:
            ``(6) Designation of lead decisionmaking trustee.--
                    ``(A) In general.--If more than one trustee is 
                designated for a natural resource under this 
                subsection, the following trustee may elect to serve as 
                the lead decisionmaking trustee for the resource:
                            ``(i) The United States, for resources 
                        belonging to or held in trust by the United 
                        States or for which the United States is the 
                        primary manager under the Endangered Species 
                        Act of 1973 (16 U.S.C. 1531 et seq.), the 
                        Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1801 et seq.), the 
                        Migratory Bird Treaty Act (16 U.S.C. 703 et 
                        seq.), the Marine Mammal Protection Act of 1972 
                        (16 U.S.C. 1631 et seq.), the Wild Free-Roaming 
                        Horses and Burros Act (16 U.S.C. 1331 et seq.), 
                        or the Bald Eagle Protection Act (16 U.S.C. 668 
                        et seq.).
                            ``(ii) An Indian tribe, for resources 
                        belonging to such tribe or for which the tribe 
                        is the primary manager pursuant to a treaty.
                            ``(iii) A foreign country, for resources 
                        belonging to or held in trust by the foreign 
                        country or for which the foreign country is 
                        granted rights by treaty.
                            ``(iv) A State, if the State is a trustee 
                        for the resource and clauses (i), (ii), and 
                        (iii) do not apply.
                    ``(B) Responsibility of lead decisionmaking 
                trustee.--A lead decisionmaking trustee for a resource 
                designated under this paragraph shall be responsible 
                for determining the measurement of damages for the 
                resource after soliciting and considering the views of 
                the other trustees for the resource.
                    ``(C) Limitation.--A trustee may not be designated 
                as a lead decisionmaking trustee for a resource under 
                this subparagraph if the trustee is a potentially 
                responsible party with respect to damages to the 
                resource.''.

SEC. 704. SELECTION OF RESTORATION ALTERNATIVES.

    Section 1006(c)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2706(c)(5)) is amended to read as follows:
            ``(5) Selection of restoration alternatives.--
                    ``(A) In general.--In selecting a range of possible 
                restoration alternatives, a Federal, State, Indian 
                tribe, or foreign trustee designated under subsection 
                (b) shall select measures that are feasible and cost-
                effective.
                    ``(B) Preference.--A trustee shall give preference 
                to any alternatives selected under subparagraph (A) 
                that meet the following requirements:
                            ``(i) Notwithstanding the limitations in 
                        section 1006(d)(2), the incremental costs are 
                        justified by the incremental benefits.
                            ``(ii) Restoration is achieved in a timely 
                        manner.''.

SEC. 705. MEASURE OF DAMAGES.

    (a) In General.--Section 1006(d)(1) of the Oil Pollution Act of 
1990 (33 U.S.C. 2706(d)(1)) is amended to read as follows:
            ``(1) In general.--The measure of natural resources damages 
        under section 1002(b)(2)(A) shall be limited to the following:
                    ``(A) Reasonable costs of restoration of the 
                resource.
                    ``(B) The loss of use by the public of the resource 
                prior to restoration.
                    ``(C) The costs of reasonable assessment of damages 
                to the resource.''.
    (b) Psychological Damages.--Section 1006(d) of such Act (33 U.S.C. 
2706(d)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Psychological damages.--
                    ``(A) Recovery prohibited.--There shall be no 
                recovery under section 1002(b)(2)(A) for psychological 
                damages.
                    ``(B) Psychological damages defined.--In this 
                paragraph, the term `psychological damages' means 
                damages based on how a person or group of persons feels 
                about or perceives a resource.''.
    (c) Relation to Other Laws.--Section 1006(d)(4) of such Act, as so 
redesignated, is amended to read as follows:
            ``(4) Relation to other laws.--
                    ``(A) Double recovery prohibited.--Any trustee who 
                receives compensation for damages or claims with 
                respect to a natural resource pursuant to this section 
                shall be precluded from recovering compensation for the 
                damages or claims with respect to the same natural 
                resource pursuant to any other State or Federal law. 
                Any trustee who receives compensation for damages or 
                claims with respect to a natural resource pursuant to 
                any other Federal or State law shall be precluded from 
                receiving compensation for the damages or claims with 
                respect to the same natural resource as provided in 
                this section.
                    ``(B) Double liability prohibited.--Any person who 
                pays compensation to one or more parties for damages or 
                claims with respect to a natural resource pursuant to 
                this section shall not be required to pay compensation 
                for the damages or claims with respect to the same 
                natural resource pursuant to this Act or any other 
                State or Federal law. Any person who pays compensation 
                for damages or claims with respect to a natural 
                resource pursuant to any other Federal or State law 
                shall not be required to pay compensation for the 
                damages or claims with respect to the same natural 
                resource pursuant as provided in this section.
                    ``(C) Person defined.--In this paragraph, the term 
                `person' has the meaning given such term by section 
                1001 and also includes the United States, an Indian 
                tribe, and a foreign country.''.

SEC. 706. DAMAGE ASSESSMENTS.

    Section 1006(e)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2706(e)(2)) is amended to read as follows:
            ``(2) Damage assessments.--
                    ``(A) In general.--To the extent practicable, a 
                Federal, State, Indian tribe, or foreign trustee 
                designated under this subsection shall base any measure 
                of damages under section 1002(b)(2)(A) with respect to 
                a site on an assessment of the specific conditions and 
                restoration requirements at the site.
                    ``(B) Assessment requirements.--Any assessment used 
                by a trustee under subparagraph (A) shall be based on, 
                and performed in accordance with, generally accepted 
                scientific and technical standards, literature, and 
                methodologies that ensure the validity, reliability, 
                and cost-effectiveness of assessment results.''.

SEC. 707. PROCESS FOR DETERMINING DAMAGES.

    Section 1006(e) of the Oil Pollution Act of 1990 (33 U.S.C. 
2706(e)) is amended by adding at the end the following:
            ``(3) Process for determining damages.--
                    ``(A) Standard of review.--Any determination or 
                assessment of damages for injury to, destruction of, or 
                loss of natural resources made by a Federal, State, 
                Indian tribe, or foreign trustee for the purposes of 
                section 1002(b)(2)(A)) shall be adjudicated in a de 
                novo trial in a Federal district court.
                    ``(B) Public participation.--All aspects of the 
                determination or assessment of damages to a natural 
                resource made by a Federal, State, Indian tribe, or 
                foreign trustee for purposes of section 1002(b)(2)(A)) 
                shall be made through a process which allows for 
                reasonable public participation as to the scope, 
                extent, and nature of injury to, destruction of, or 
                loss of natural resources and the appropriate 
                restoration under this section.
                    ``(C) Inadmissibility of certain evidence.--If, in 
                providing for public participation under subparagraph 
                (B), a trustee provides for notice and comment and the 
                development of a public record, and if a party, 
                including a trustee, fails to make available to the 
                public record any reasonably relevant information 
                related to the scope, extent, and nature of damages and 
                the appropriate restoration under this section, such 
                information shall not be admissible by the party as 
                evidence in any subsequent judicial or administrative 
                proceeding.''.

SEC. 708. RESTORATION.

    Section 1006 of the Oil Pollution Act of 1990 (33 U.S.C. 2706) is 
amended by adding at the end the following:
    ``(h) Restoration.--
            ``(1) Restoration defined.--In this section, the term 
        `restoration' means actions to restore, replace, or acquire the 
        equivalent of an injured natural resource that return the 
        injured natural resource to the condition that would exist had 
        the release not occurred, as measured by reinstatement of the 
        consumptive and nonconsumptive services provided to the public 
        by the resource.
            ``(2) Measurement of restoration of certain resources.--
                    ``(A) Resources protected under wilderness act or 
                marine protection, research, and sanctuaries act of 
                1972.--For purposes of this subsection, restoration of 
                an injured biological resource that is protected under 
                the Wilderness Act (16 U.S.C. 1131 et seq.), or that is 
                located in a marine sanctuary designated under the 
                Marine Protection, Research, and Sanctuaries Act of 
                1972 (16 U.S.C. 1431 et seq.), may be measured by 
                reinstatement of populations of such resource to the 
                condition that would exist had the release not 
                occurred.
                    ``(B) Resources protected under endangered species 
                act of 1973.--For purposes of this subsection, 
                restoration of a resource that is protected under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                may be measured by compliance with existing or planned 
                recovery plans and requirements developed for such 
                resource under section 1533(f) of such Act.''.

SEC. 709. APPLICABILITY.

    (a) In General.--The amendments made by this title shall not apply 
to an action to recover natural resource damages under section 
1002(b)(2)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2702(b)(2)(A)) in which a trial has begun before July 1, 1997, or in 
which a final settlement, decree, or order has been issued before such 
date.
    (b) Expired Actions Under Section 1017(f).--The amendments made by 
this title shall not be construed to affect any action for damages that 
has expired under section 1017(f) of the Oil Pollution Act of 1990 (33 
U.S.C. 2717(f)), as in effect on the day before the date of the 
enactment of this Act.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. TRUST FUND DEFINED.

    Section 101(11) (42 U.S.C. 9601(11)) is amended to read as follows:
            ``(11) The term `Fund' or `Trust Fund' means the Hazardous 
        Substance Superfund established by section 9507 of the Internal 
        Revenue Code of 1986.''.

SEC. 802. INDIAN TRIBES.

    (a) Treatment Generally.--Section 126(a) (42 U.S.C. 9626(a)) is 
amended--
            (1) by striking ``and section 105'' and inserting ``, 
        section 105'';
            (2) by inserting before the period at the end the 
        following: ``, section 117 (regarding public participation), 
        and section 121 (regarding selection of remedies)''; and
            (3) by adding at the end the following: ``In applying this 
        subsection, any reference contained in a section identified in 
        the preceding sentence to a facility located in a State shall 
        include a facility located on lands within the jurisdiction of 
        a Federal Indian reservation under the jurisdiction of the 
        United States government.''.
    (b) Study.--Section 126(c) (42 U.S.C. 9626(c)) is amended to read 
as follows:
    ``(c) Health Impacts.--
            ``(1) Study.--The President shall conduct a study of the 
        health impacts on Indian tribes of pollutants, contaminants, 
        and hazardous substances released from facilities that have 
        been listed or proposed for listing on the National Priorities 
        List.
            ``(2) Report.--Not later than 2 years after the date of the 
        enactment of the Superfund Acceleration, Fairness, and 
        Efficiency Act, the President shall transmit to Congress a 
        report on the results of the study conducted under this 
        subsection.''.

SEC. 803. GRANTS FOR TRAINING AND EDUCATION OF WORKERS.

    Section 126(g) of the Superfund Amendments and Reauthorization Act 
of 1986 (42 U.S.C. 9660a) is amended--
            (1) by inserting ``from the Fund'' after ``Grants'' in each 
        of paragraphs (1), (2), and (3); and
            (2) by adding at the end the following:
                    ``(4) Allocation of amounts.--Of the amounts made 
                available under section 111 to carry out this 
                subsection in a fiscal year, at least 20 percent shall 
                be allocated to non-profit organizations described in 
                paragraph (3) for training minority and other 
                community-based workers who are or may be directly 
                engaged in hazardous waste removal or containment or 
                emergency response actions.''.

                           TITLE IX--FUNDING

    Subtitle A--Expenditures From the Hazardous Substance Superfund

SEC. 901. EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Expenditures.--Section 111 (42 U.S.C. 9611) is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by striking subsections (a), (b), (c), (d), and (e) and 
        inserting the following:
    ``(a) Expenditures From Hazardous Substance Superfund.--
            ``(1) Subsection (b) expenditures.--The following amounts 
        of amounts appropriated to the Hazardous Substance Superfund 
        after January 1, 1996, pursuant to section 9507(b) of the 
        Internal Revenue Code of 1986, and of amounts credited under 
        section 9602(b) of such Code with respect to those appropriated 
        amounts shall be available for the purposes specified in 
        subsection (b):
                    ``(A) For fiscal year 1998, $550,000,000.
                    ``(B) For fiscal year 1999, $550,000,000.
                    ``(C) For fiscal year 2000, $550,000,000.
                    ``(D) For fiscal year 2001, $250,000,000.
                    ``(E) For fiscal year 2002, $250,000,000.
            ``(2) Subsections (b), (c), and (d) expenditures.--Amounts 
        appropriated to the Hazardous Substance Superfund pursuant to 
        section 9507(b) of the Internal Revenue Code of 1986 and 
        amounts credited under section 9602(b) of such Code with 
        respect to those appropriated amounts shall be available as 
        provided in appropriations Acts and may be used for the 
        purposes specified in subsections (b), (c), and (d) of this 
        section, including $650,000,000 for each of fiscal years 1998 
        and 1999 for costs described in subsection (c) with respect to 
        completion of construction by September 30, 2000, of an 
        additional 250 sites on the National Priorities List.
    ``(b) Payments Related to Certain Reductions, Limitations, and 
Exemptions.--
            ``(1) Mixed funding.--The President may use amounts in the 
        Fund made available by subsection (a)(1), and appropriated 
        under subsection (a)(2), for mixed funding under section 
        122(b)(1) (including mixed funding under section 311(c) of the 
        Superfund Acceleration, Fairness, and Efficiency Act).
            ``(2) Limitations.--Amounts made available by subsection 
        (a)(1), and appropriated under subsection (a)(2), for the 
        purposes of this subsection shall not exceed the following:
                    ``(A) For fiscal year 1998, $550,000,000.
                    ``(B) For fiscal year 1999, $550,000,000.
                    ``(C) For fiscal year 2000, $550,000,000.
                    ``(D) For fiscal year 2001, $250,000,000.
                    ``(E) For fiscal year 2002, $250,000,000.
        Of amounts made available by subsection (a)(1) for each of 
        fiscal years 1998, 1999, and 2000, the aggregate expenditures 
        from the Fund for mixed funding under section 311(c)(1) of the 
        Superfund Acceleration, Fairness, and Efficiency Act may not 
        exceed $275,000,000. No funds made available for mixed funding 
        under paragraph (1) may be used for payment of, or 
        reimbursement for, any portion of attorneys' fees that do not 
        constitute necessary costs of response consistent with section 
        107(a)(2)(B).
    ``(c) Response, Removal, and Remediation.--The President may use 
amounts in the Fund appropriated under subsection (a)(2) for costs of 
response, removal, and remediation (and administrative costs directly 
related to such costs), including the following:
            ``(1) Government response costs.--Payment of governmental 
        response costs incurred pursuant to section 104, including 
        costs incurred pursuant to the Intervention on the High Seas 
        Act.
            ``(2) Private response cost claims.--Payment of any claim 
        for necessary response costs incurred by any other person as a 
        result of carrying out the national contingency plan 
        established under section 105, if such costs are approved under 
        such plan, are reasonable in amount based on open and free 
        competition or fair market value for similar available goods 
        and services, and are certified by the responsible Federal 
        official.
            ``(3) Acquisition costs under section 104(j).--The costs 
        incurred by the President in acquiring real estate or interests 
        in real estate under section 104(j) (relating to acquisition of 
        property).
            ``(4) State and local government reimbursement.--
        Reimbursement to States and local governments under section 
        123; except that during any fiscal year not more than 0.1 
        percent of the total amount appropriated under subsection 
        (a)(2) may be used for such reimbursements.
            ``(5) Funds for states with delegated or authorized 
        authority.--Payment of any funds to a State pursuant to section 
        153.
            ``(6) Contracts and cooperative agreements.--Payment for 
        the implementation of any contract or cooperative agreement 
        under section 104(d).
            ``(7) Natural resource damage assessments.--The costs of 
        assessing both short-term and long-term injury to, destruction 
        of, or loss of any natural resources resulting from a release 
        of a hazardous substance.
            ``(8) Natural resource damages.--The costs of Federal or 
        State or Indian tribe efforts in the restoration, 
        rehabilitation, or replacement or acquiring the equivalent of 
        any natural resources injured, destroyed, or lost as a result 
        of a release of a hazardous substance.
    ``(d) Administration, Oversight, Research, and Other Costs.--The 
President may use amounts in the Fund appropriated under subsection 
(a)(2) for the following costs (and administrative costs directly 
related to such costs):
            ``(1) Investigation and enforcement.--The costs of 
        identifying, investigating, and taking enforcement action 
        against releases of hazardous substances.
            ``(2) Overhead.--
                    ``(A) In general.--The costs of providing services, 
                equipment, and other overhead related to the purposes 
                of this Act and section 311 of the Federal Water 
                Pollution Control Act and needed to supplement 
                equipment and services available through contractors 
                and other non-Federal entities.
                    ``(B) Damage assessment capability.--The costs of 
                establishing and maintaining damage assessment 
                capability for any Federal agency involved in strike 
                forces, emergency task forces, or other response teams 
                under the National Contingency Plan.
            ``(3) Employee safety programs.--The cost of maintaining 
        programs otherwise authorized by this Act to protect the health 
        and safety of employees involved in response to hazardous 
        substance releases.
            ``(4) Grants for technical assistance.--The cost of grants 
        under section 117(e) (relating to public participation grants 
        for technical assistance).
            ``(5) Worker training and education grants.--The cost of 
        grants under section 126(g) of the Superfund Amendments and 
        Reauthorization Act of 1986 for training and education of 
        workers to the extent that such costs do not exceed $40,000,000 
        for each of fiscal years 1999, 2000, 2001, 2002, and 2003.
            ``(6) ATSDR activities.--Any costs incurred in accordance 
        with subsection (m) of this section (relating to ATSDR) and 
        section 104(i), including the costs of epidemiologic and 
        laboratory studies, health assessments, and other activities 
        authorized by section 104(i).
            ``(7) Evaluation costs under petition provisions of section 
        105(d).--Costs incurred by the President in evaluation 
        facilities pursuant to petitions under section 105(d) (relating 
        to petitions for assessment of release).
            ``(8) Contract costs under section 104(a)(1).--The costs of 
        contracts or arrangements entered into under section 104(a)(1) 
        to oversee and review the conduct of remedial investigations 
        and feasibility studies undertaken by persons other than the 
        President and the costs of appropriate Federal and State 
        oversight of remedial activities at National Priorities List 
        sites resulting from consent orders or settlement agreements.
            ``(9) Research, development, and demonstration costs under 
        section 311.--The cost of carrying out section 311 (relating to 
        research, development, and demonstration).
            ``(10) Awards under section 109.--The costs of any awards 
        granted under section 109(d) (relating to providing information 
        concerning violations).
    ``(e) Limitations on Natural Resources Claims.--No money in the 
Fund may be used for the payment of any claim under subsection (c)(7) 
or (c)(8) of this section where such expenses are associated with 
injury or loss resulting from long-term exposure to ambient 
concentrations of air pollutants from multiple or diffuse sources.
    ``(f) Other Limitations.--
            ``(1) Limitations on payments of claims.--Claims against or 
        presented to the Fund shall not be valid or paid in excess of 
        the total unobligated balance in the Fund at any one time. Such 
        claims become valid and are payable only when additional money 
        is collected, appropriated, or otherwise added to the Fund. 
        Should the total claims outstanding at any time exceed the 
        current balance of the Fund, the President shall pay such 
        claims, to the extent authorized under this section, in full in 
        the order in which they were finally determined.
            ``(2) Remedial actions at federally owned facilities.--No 
        money in the Fund shall be available for costs of remedial 
        action, other than costs specified in subsection (d), with 
        respect to federally owned facilities; except that money in the 
        Fund shall be available for the provision of alternative water 
        supplies (including the reimbursement of costs incurred by a 
        municipality) in any case involving groundwater contamination 
        outside the boundaries of a federally owned facility in which 
        the federally owned facility is not the only potentially 
        responsible party.
            ``(3) Remedial actions at facilities not listed on npl.--No 
        money in the Fund shall be available for response actions that 
        are not removal actions under section 101(23) with respect to 
        any facility that is not listed on the National Priorities 
        List.''.
    (b) Additional Amendments.--
            (1) Section 111.--Section 111 (42 U.S.C. 9611) is further 
        amended by striking subsections (j) and (n).
            (2) Section 107.--Section 107 (42 U.S.C. 9607) is amended 
        by striking subsection (k).

SEC. 902. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

    (a) Authorization.--Section 111(p)(1) is amended to read as 
follows:
            ``(1) In general.--The following sums are authorized to be 
        appropriated, out of any money in the Treasury not otherwise 
        appropriated, to the Hazardous Substance Superfund:
                    ``(A) For fiscal year 1998, $250,000,000.
                    ``(B) For fiscal year 1999, $250,000,000.
                    ``(C) For fiscal year 2000, $250,000,000.
                    ``(D) For fiscal year 2001, $250,000,000.
                    ``(E) For fiscal year 2002, $250,000,000.
        In addition, there is authorized to be appropriated to the 
        Hazardous Substance Superfund for each fiscal year an amount 
        equal to so much of the aggregate amount authorized to be 
        appropriated under this subsection (and section 131(b)(2)) as 
        has not been appropriated before the beginning of the fiscal 
        year involved.''.
    (b) Repeal of Duplicative Authorization.--Subsection (b) of section 
517 of the Superfund Amendments and Reauthorization Act of 1986 (26 
U.S.C. 9507 note) is hereby repealed.
    (c) Conforming Amendment.--Section 9507(a)(2) of the Internal 
Revenue Code of 1986 is amended by striking ``section 517(b) of the 
Superfund Revenue Act of 1986'' and inserting ``section 111(p) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9611(p))''.

     Subtitle B--5-Year Extension of Hazardous Substance Superfund

SEC. 911. 5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Extension of Taxes.--
            (1) Paragraph (1) of section 59A(e) of the Internal Revenue 
        Code of 1986 is amended to read as follows:
            ``(1) In general.--The tax imposed by this section shall 
        apply to taxable years beginning after December 31, 1997, and 
        before January 1, 2003.''
            (2) Paragraph (1) of section 4611(e) of such Code is 
        amended to read as follows:
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the Hazardous Substance Superfund financing rate under 
        this section shall apply after December 31, 1997, and before 
        January 1, 2003.''
            (3) Paragraph (2) of section 4611(e) of such Code is 
        amended--
                    (A) by striking ``1993'' and inserting ``2000'',
                    (B) by striking ``1994'' each place it appears and 
                inserting ``2001'', and
                    (C) by striking ``1995'' each place it appears and 
                inserting ``2002''.
    (b) Extension of Repayment Deadline for Superfund Borrowing.--
Subparagraph (B) of section 9507(d)(3) of such Code is amended by 
striking ``December 31, 1995'' and inserting ``December 31, 2002''.
    (c) Trust Fund Purposes.--Paragraph (1) of section 9507(c) of such 
Code is amended by striking subparagraphs (A) and (B) and inserting the 
following new subparagraphs:
                    ``(A) to carry out the purposes specified in 
                subsections (b), (c), and (d) of section 111 CERCLA, or
                    ``(B) hereafter authorized by a law which does not 
                authorize the expenditure out of the Superfund for a 
                general purpose not covered by subparagraph (A).''
    (d) Coordination With Other Provisions.--Paragraph (2) of section 
9507(e) of such Code is amended by striking ``CERCLA'' and all that 
follows through ``Acts)'' and inserting ``CERCLA, the Superfund 
Amendments and Reauthorization Act of 1986, and Superfund Acceleration, 
Fairness, and Efficiency Act (or in any amendment made by any of such 
Acts)''.
                                 <all>