[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2750 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2750

 To amend the Comprehensive Environmental Response, Compensation, and 
                         Liability Act of 1980.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 1997

 Mr. Barcia (for himself and Mr. Dooley of California) introduced the 
following bill; which was referred to the Committee on Commerce, and in 
 addition to the Committee on Transportation and Infrastructure, for a 
 period to be subsequently 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superfund Cleanup Acceleration and 
Liability Equity Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
                       TITLE I--REMEDY SELECTION

Sec. 101. Remedy selection.
Sec. 102. Authorities for institutional controls.
Sec. 103. Objective risk assessment standards.
Sec. 104. Hazard ranking system.
Sec. 105. Removal actions. 
Sec. 106. Consistent application among regional offices.
Sec. 107. Effective date and transition rules.
                   TITLE II--LIABILITY AND ALLOCATION

Sec. 201. Limitations to liability for response costs.
Sec. 202. Expedited final settlements.
Sec. 203. Allocation procedures.
Sec. 204. Recycling transactions.
Sec. 205. Response action contractors indemnification.
          TITLE III--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

Sec. 301. Definitions.
Sec. 302. Public participation.
Sec. 303. Community advisory groups.
Sec. 304. Technical outreach services for communities.
Sec. 305. Recruitment and training program.
Sec. 306. Facility scoring.
Sec. 307. Grant program.
                        Subtitle B--Human Health

Sec. 311. Disease registry and health care providers.
Sec. 312. Substance profiles.
Sec. 313. Health studies.
Sec. 314. Grant awards, contracts, and community assistance activities.
Sec. 315. Indian health provisions.
Sec. 316. Public health recommendations in remedial actions.
                     Subtitle C--General Provisions

Sec. 321. Transition.
                   TITLE IV--NATURAL RESOURCE DAMAGES

Sec. 401. Use of natural resource damages funds.
Sec. 402. Lead trustee; bundling of claims; potentially responsible 
                            party status.
Sec. 403. Use of mediation.
Sec. 404. Transition rules.
Sec. 405. Lost-use and nonuse damages and contingent valuation 
                            methodology.
Sec. 406. Restoration goal and alternatives.
Sec. 407. Double recovery.
Sec. 408. Causation.
Sec. 409. Definitions.
                          TITLE V--STATE ROLE

Sec. 501. Contracts or cooperative agreements with States.
Sec. 502. State cost share.
                      TITLE VI--GENERAL PROVISIONS

Sec. 601. Definitions.
Sec. 602. Approval of Governor not required before listing of facility 
                            on National Priorities List.

SEC. 3. REFERENCES.

    Except as otherwise expressly 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, 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 
(commonly known as ``Superfund'') (42 U.S.C. 9601 and following).

                       TITLE I--REMEDY SELECTION

SEC. 101. REMEDY SELECTION.

    (a) Remedy Selection.--Section 121(b) (42 U.S.C. 9621) is amended 
to read as follows:
    ``(b) Remedy Selection.--
            ``(1) Health and environmental standards.--
                    ``(A) In general.--Final remedies selected under 
                this Act shall protect human health and the 
                environment.
                    ``(B) Exposure information.--Exposure assessments 
                shall be consistent with the current and reasonably 
                anticipated uses of land, water, and other resources as 
                identified under paragraph (2). The President shall 
                consider and use, in selecting final remedies under 
                this Act, information made available to the President 
                on actual exposure to hazardous substances or 
                pollutants or contaminants, along with other relevant 
                information.
                    ``(C) Plants and animals.--In determining what is 
                protective of plants and animals for purposes of this 
                section, the Administrator shall base such 
                determinations on the significance of impacts from a 
                release or releases of hazardous substances from a 
                facility to local populations or communities of plants 
                and animals or ecosystems. If a species is listed as 
                threatened or endangered under the Endangered Species 
                Act of 1973 (16 U.S.C. 1531 et seq.) impacts to 
                individual plants or animals may be considered to be 
                impacts to populations of plants or animals.
            ``(2) Anticipated use of land, water, and other 
        resources.--
                    ``(A) In general.--For purposes of selecting the 
                method or methods of remediation appropriate for a 
                given facility, the President shall identify the 
                current and reasonably anticipated uses of land, water, 
                and other resources at and around the facility and the 
                timing of such uses.
                    ``(B) Land use.--Except as provided in subparagraph 
                (C), in identifying such reasonably anticipated uses, 
                the President shall consider relevant factors, which 
                generally shall include the following:
                            ``(i) Any recommendation of the Community 
                        Assistance Group. With respect to a Federal 
                        facility scheduled for closure or realignment, 
                        the President shall consider any joint 
                        consensus recommendation of the Community 
                        Assistance Group and a redevelopment authority 
                        which has been established for such facility.
                            ``(ii) Views of the affected community not 
                        reflected in clause (i).
                            ``(iii) The current uses of the facility 
                        and surrounding properties, recent development 
                        patterns in the area where the facility is 
                        located, and population projections for that 
                        area.
                            ``(iv) Federal or State land use 
                        designations, including Federal facilities 
and national parks, State ground water or surface water recharge areas 
established under a State's comprehensive protection plan for ground 
water or surface water, and recreational areas.
                            ``(v) The current land use zoning and 
                        future land use plans of the local government 
                        with land use regulatory authority.
                            ``(vi) Current plans for the facility by 
                        the property owner or owners.
                            ``(vii) The availability of alternative 
                        sources of drinking water.
                            ``(viii) Current or anticipated plans for 
                        livestock watering or irrigation.
                            ``(ix) Current and anticipated plans of 
                        local water suppliers.
                            ``(x) The potential for beneficial use.
                            ``(xi) The proximity of the contamination 
                        to residences, sensitive populations or 
                        ecosystems, natural resources, or areas of 
                        unique historic or cultural significance.
                            ``(xii) Navigational and transportation 
                        uses that may be affected by the facility.
                            ``(xiii) Reasonably anticipated ecological 
                        services provided by the resource.
                            ``(xiv) Tribal land use designations for a 
                        facility in Indian country (as defined in 18 
                        U.S.C. 1151).
                            ``(xv) Any additional factors the 
                        Administrator considers appropriate.
        Land use assumptions restricting future use can be used in 
        evaluating remedial alternatives only to the extent that 
        institutional controls meeting the criteria of subsection (i) 
        and section 104 have been or will be adopted in the final 
        remedy.
                    ``(C) Groundwater use.--In identifying current and 
                reasonably anticipated future ground water uses for 
                purposes of this section, the President shall defer to 
                State determinations regarding such uses where the 
                State has made such a determination on a facility-
                specific basis.
                    ``(D) Limitation.--Notwithstanding subparagraph 
                (C), in no case shall the current or reasonably 
                anticipated future use of ground water be identified as 
                drinking water for ground water--
                            ``(i) containing more than 10,000 
                        milligrams per liter total dissolved solids,
                            ``(ii) that is so contaminated by naturally 
                        occurring conditions or by the effects of 
                        broad-scale human activity unrelated to a 
                        specific activity that restoration of drinking 
                        water quality is impracticable, or
                            ``(iii) if 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.
                    ``(E) Inclusion in administrative record.--All 
                information considered by the President in evaluating 
                current and reasonably anticipated future land uses 
                under this subsection shall be included in the 
                administrative record under section 113(k).
            ``(3) Site-specific risk assessment.--The President shall 
        use site-specific risk assessment that meets the requirements 
        of the principles set forth in section 127(a) to--
                    ``(A) determine the nature and extent of risk to 
                human health and the environment;
                    ``(B) assist in establishing remedial objectives 
                for the facility respecting releases or threatened 
                releases, and in identifying geographic areas or 
                exposure pathways of concern; and
                    ``(C) evaluate alternative remedial actions for the 
                facility to determine their risk reduction benefits and 
                assist in selecting the remedial action for the 
                facility that meets the criteria of paragraph (1).
            ``(4) Appropriate remedial action.--
                    ``(A) Remedy evaluation.--The President shall 
                identify and select an appropriate remedy that protects 
                human health and the environment pursuant to section 
                121(a) by balancing the following factors:
                            ``(i) The effectiveness of the remedy, 
                        including its implementability.
                            ``(ii) The long-term reliability of the 
                        remedy, that is, its capability to achieve 
                        long-term protection of human health and the 
                        environment, including consideration of the 
                        preference for treatment of hot spots.
                            ``(iii) Any short-term risk posed by the 
                        implementation of the remedy to the affected 
                        community, to those engaged in the cleanup 
                        effort, and to the environment.
                            ``(iv) The acceptability of the remedy to 
                        the affected community.
                            ``(v) The reasonableness of the cost of the 
                        remedy.
                    ``(B) Monitoring or oversight.--Where the President 
                selects a final remedy under this Act that relies on 
                stabilization, containment, or other engineering 
                controls to limit exposure, institutional controls, or 
                other measures, the President shall include enforceable 
                requirements for the regular monitoring or oversight of 
                the effectiveness and protectiveness of the remedy.
                    ``(C) Hot spots.--(i) In conducting the evaluation 
                under subparagraph (A), the President shall prefer a 
                remedy which includes treatment of hot spots.
                    ``(ii) For purposes of this section, the term `hot 
                spot' means a discrete area within a facility that 
                contains hazardous substances, pollutants or 
                contaminants that, because of the interaction of high 
                toxicity, likelihood of mobility, and uncertainty 
                regarding the reliability of containment, present a 
                substantial risk to human health or the environment 
                should exposure occur. The President shall develop 
                guidelines for the identification of hot spots. Such 
                guidelines shall recommend appropriate field 
                investigations that will not require extraordinarily 
                complex or costly measures. The guidelines will state 
                that the more concentrated and toxic the area, the less 
                likely the exposure scenarios reasonably considered in 
                determining whether some form of treatment should be 
                preferred. Treatment alternatives pursuant to this 
                section shall be selected on a site-specific basis and 
                are not controlled by section 3004 of the Solid Waste 
                Disposal Act.
                    ``(iii) In determining an appropriate remedy for 
                hot spots, the President shall consider the factors 
                under subparagraph (A).
                    ``(iv) Notwithstanding the preference for treatment 
                of a hot spot, the President may select a final 
                containment remedy for hot spots at landfills and 
                mining sites or similar facilities under the following 
                circumstances:
                            ``(I) The hot spot is small relative to the 
                        overall volume of waste or contamination being 
                        addressed, the hot spot is not readily 
                        identifiable and accessible, and without the 
                        presence of the hot spot containment would have 
                        been selected as the appropriate remedy under 
                        subparagraph (A) for the larger body of waste 
                        or area of contamination in which the hot spot 
                        is located.
                            ``(II) The volume and areal extent of the 
                        hot spot is extraordinary compared to other 
                        facilities, and it is highly unlikely due to 
                        the size and other characteristics of the hot 
                        spot that any treatment technology will be 
                        developed that could be implemented at 
                        reasonable cost.
        Where final containment for a hot spot is selected, the 
        President shall publish an explanation of the basis for that 
        decision.''.
    (b) Other Standards.--Section 121(d) (42 U.S.C. 9621(d)) is 
amended--
            (1) by striking so much of subsection (d) as precedes 
        paragraph (3) and inserting the following:
    ``(d) Other Standards.--(1) Except as provided in paragraph (2), 
for any facility to which they apply, the standards set forth in this 
section shall govern the level or standard of control for remedies, 
remedy selection, and on-site management of hazardous substances in 
lieu of any other Federal, State, or local standards where such action 
is selected and carried out in compliance with this section.
    ``(2)(A) Point source discharges or emissions of hazardous 
substances into the waters of the United States or the ambient air that 
result from the conduct of the remedy shall comply with State and 
Federal standards respecting such discharges or emissions.
    ``(B)(i) Remedial actions selected under this section or otherwise 
required or agreed to by the President under this Act shall attain a 
degree of cleanup of hazardous substances, pollutants, and contaminants 
released into the environment and of control of further release which 
assures protection of human health and the environment.
    ``(ii) With respect to any hazardous substance, pollutant, or 
contaminant that will remain onsite, if--
            ``(I) any standard, requirement, criteria, or limitation 
        under any Federal environmental law, including, but not limited 
        to, the Toxic Substances Control Act, the Safe Drinking Water 
        Act, the Clean Air Act, the Clean Water Act, the Marine 
        Protection, Research, and Sanctuaries Act, or the Solid Waste 
        Disposal Act; or
            ``(II) any promulgated standard, requirement, criteria, or 
        limitation under a State environmental or facility siting law 
        that is more stringent than any Federal standard, requirement, 
criteria, or limitation, including each such State standard, 
requirement, criteria, or limitation contained in a program approved, 
authorized, or delegated by the Administrator under a statute cited in 
subclause (I), and that has been identified to the President by the 
State in a timely manner,
is legally applicable to the conduct or operation of the remedial 
action or to the hazardous substance or pollutant or contaminant 
concerned, the remedial action selected under section 104 or secured 
under section 106 shall require, at the completion of the remedial 
action, a level or standard of control for such hazardous substance or 
pollutant or contaminant which at least attains such legally applicable 
standard, requirement, criteria, or limitation.
    ``(C) Groundwater Remedies.--(i) Response actions shall return 
usable ground waters to beneficial use wherever practicable, within a 
timeframe that is reasonable given the particular circumstances of the 
site.
    ``(ii) In selecting remedies for ground water, the President shall 
also follow these additional overall objectives for site response 
actions:
            ``(I) Prevent exposure to contaminated ground water above 
        acceptable risk levels.
            ``(II) Prevent or minimize further migration of the 
        contaminant plume.
            ``(III) As needed, prevent or minimize further migration of 
        contaminants from source materials to ground water.
    ``(iii) If the current or reasonably anticipated use (as determined 
under subsection (b)(2)) 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 
appropriate, considering the nature and timing of such use of the 
ground water.
    ``(D) Alternate Concentration Limits.--For the purposes of this 
section, a process for establishing alternate concentration limits to 
those otherwise applicable for hazardous constituents in groundwater 
under subparagraph (A) 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--
            ``(i) there are known and projected points of entry of such 
        groundwater into surface water;
            ``(ii) on the basis of measurements or projections, there 
        is or will be no statistically significant increase of such 
        constituents from such groundwater in such surface water at the 
        point of entry or at any point where there is reason to believe 
        accumulation of constituents may occur downstream; and
            ``(iii) the remedial action includes enforceable measures 
        that will preclude human exposure to the contaminated 
        groundwater at any point between the facility boundary and all 
        known and projected points of entry of such groundwater into 
        surface water;
then the assumed point of human exposure may be at such known and 
projected points of entry.
    ``(E) Compliance with promulgated State standards for protection 
under subparagraph (B) shall not be required unless such laws and 
standards are--
            ``(i) of general applicability,
            ``(ii) consistently applied, and
            ``(iii) identified to the President in a timely fashion.
    ``(F) Limits on Land Disposal Prohibitions.--(i) Except as provided 
in clause (ii), a State standard, requirement, criteria, 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.
    ``(ii) Any State standard, requirement, criteria, or limitation 
referred to in clause (i) shall apply where each of the following 
conditions is met:
            ``(I) The State standard, requirement, criteria, or 
        limitation is of general applicability and was adopted by 
        formal means.
            ``(II) The State standard, requirement, criteria, or 
        limitation was adopted on the basis of hydrologic, geologic, or 
        other relevant considerations and was not adopted for the 
        purposes 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.'';
            (2) by striking so much of paragraph (4) as precedes 
        subparagraph (A) and inserting the following:
    ``(4) Waiver.--The President may waive any requirement of 
subparagraphs (A) through (C) of paragraph (2) of this subsection if 
the President finds that--''; and
            (3) by adding at the end the following new paragraph:
    ``(5) Technical Impracticability.--For purposes of subparagraph (C) 
of paragraph (4) the President shall make findings of technical 
impracticability from an engineering perspective on the basis of 
projections, modeling, or other analysis on a site-specific basis 
(including the consideration of information presented by responsible 
parties at such facility) without a requirement that the remedial 
measure for which a finding of technical impracticability is under 
consideration be first constructed or installed and operated and its 
performance over time reviewed, unless such projection, modeling, or 
other analysis is insufficient or inadequate to make such a finding.''.
    (c) Early Evaluation and Phased Remedial Action.--Section 121 (42 
U.S.C. 9621) is amended by adding the following new subsections after 
subsection (f):
    ``(g) Early Evaluation and Phased Remedial Action.--(1) 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 emphasize 
performance-based standards where feasible and, where appropriate, 
provide means to update the most practicable methods under such 
performance-based approaches. 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) 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, shall be 
collected as part of site characterization activities prior to and 
during the remedial investigation.
    ``(h) Institutional Controls.--
            ``(1) Use of institutional controls.--Whenever the 
        President selects a final remedial action under this Act which 
        relies on restrictions on the use of land, water, or other 
        resources to achieve protection of human health and the 
        environment, the President shall specify the nature of the 
        restrictions required to achieve such protections, including 
        restrictions on the permissible uses of land, prohibitions on 
        specified activities upon the property, restrictions on the 
        drilling of drinking water wells or other use of ground water, 
        or restrictions on the use of surface water, and may ensure 
        that such restrictions are incorporated into a hazardous 
        substance easement, as provided by section 104(k). In reviewing 
        remedial action alternatives that would require the use of such 
        restrictions and providing opportunity for public comment on 
        those alternatives, the President shall identify the nature of 
        any institutional controls that would be required to implement 
        such restrictions, the likely duration of such restrictions, 
        and the anticipated costs of acquiring any appropriate 
        hazardous substance easements and enforcing the appropriate 
        restrictions.
            ``(2) 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 decisions as part of the basis of decision at 
        National Priorities List facilities.
            ``(3) Report.--The President shall, in consultation with 
        representatives of State and local governments, study the use 
        and effectiveness of institutional controls at National 
        Priorities List facilities. Within 3 years after the date of 
        enactment of this subsection, and after issuance of a draft 
        report and opportunity for public comment, the President shall 
        issue a final report on the use and effectiveness of 
        institutional controls at National Priorities List facilities, 
        together with recommendations to improve efficiency and 
        effectiveness.''.

SEC. 102. AUTHORITIES FOR INSTITUTIONAL CONTROLS.

    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 
        order to prevent exposure to, reduce the likelihood of, or 
        otherwise respond to a release or threatened release of a 
        hazardous substance, 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, water, 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 and 
        notice of a property use restriction under this subsection may 
        be used wherever institutional controls have been selected as a 
        component of a removal or remedial action in accordance with 
        this Act and the National Contingency Plan. Such easements and 
        notices shall not be used in cases in which institutional 
        controls are not relied upon in a removal or remedial action. 
        Whenever such controls are selected as a component of a removal 
        or remedial action, the President shall ensure that the terms 
        of the controls and, as appropriate, the easement are specified 
        in all appropriate decision documents, enforcement orders, and 
        public information regarding the site.
            ``(3) Persons subject to easements.--A hazardous substance 
        easement shall be enforceable for 20 years and may be renewed 
        for additional 20-year periods where necessary to meet the 
        standards of this section (unless terminated and released as 
        provided for in this section) against any owner of the affected 
        property and all persons who subsequently acquire 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 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) Use restriction notice.--Whenever the President 
        acquires a hazardous substance easement or assigns a hazardous 
        substance easement to another party, the President shall record 
        a notice of property use restriction in the public land records 
        for the jurisdiction in which the affected property is located. 
        Such a notice shall specify restrictions, limitations, or 
        controls on the use of land, water, or other natural resources 
        provided for in the hazardous substance easement.
            ``(6) Filing of notice.--Wherever recording in the public 
        land records is required under this subsection, the President 
        shall file the notice or other instrument in the appropriate 
        office within the State (or governmental subdivision) in which 
        the affected property is located, as designated by State law. 
        If the State has not by law designated one office for the 
        recording of interests in real property or claims or rights 
        burdening real property, the document or notice 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.
            ``(7) 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. The direct cost of such easements, 
        ensuring adequate public notice of such easements, and 
        otherwise tracking and maintaining the protections afforded by 
        the easements shall be considered response costs which are 
        recoverable under this Act.
            ``(8) Assignment of easements to parties other than the 
        president.--
                    ``(A) Authority to assign.--The President may 
                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 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 subsection (j).
                    ``(B) Effect of assignment.--Any interest in 
                property granted to a State or other governmental 
                entity which restricts, limits, or controls the use of 
                land, water, or other natural resources in order to 
                prevent exposure to, reduce the likelihood of, or 
                otherwise respond to, a release or threatened release 
                of a hazardous substance, and which is expressly 
                designated in writing as a hazardous substance easement 
                within the meaning of this paragraph, shall create the 
                same rights, have the same legal effect, and be 
                enforceable in the same manner as a hazardous substance 
                easement held by the President regardless of whether 
                the interest in property is otherwise denominated as an 
                easement, covenant, or any other form of property 
                right.
            ``(9) 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 assistance group 
        established under section 117, the affected community, and the 
        general public.
            ``(10) Termination of easements.--An easement acquired 
        under this subsection shall remain in force until it expires by 
        its terms or until the holder of the easement executes and 
        records a termination and release in accordance with the terms 
        of the easement and approved by the Administrator of the 
        Environmental Protection Agency or the relevant assignee. Such 
        termination shall be recorded in the same manner as the 
        easement.
            ``(11) 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), section 120(g), or 
                section 127(e) 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 of the Environmental Protection Agency 
                determines that the terms set forth in the easement are 
                being violated. If the easement has been assigned to a 
                party other than the President and that party has not 
                taken appropriate enforcement actions, the President 
                may notify the assignee 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.
            ``(12) Applicability of other provisions.--Holding a 
        hazardous substance easement shall not 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 
        subsection (j) or section 120(h).''.

SEC. 103. OBJECTIVE RISK ASSESSMENT STANDARDS.

    Title I (42 U.S.C. 9621 et seq.) is amended by adding the following 
new section at the end thereof:

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

    ``Risk assessments and characterizations conducted under this Act 
shall--
            ``(1) provide scientifically objective, informative, and 
        understandable assessments, estimates, and characterizations 
        which neither minimize nor exaggerate the nature and magnitude 
        of current or potential future risks to human health and the 
        environment;
            ``(2) distinguish scientific findings from other 
        considerations; and
            ``(3) be based on the best, relevant, and current 
        scientific and technical information, including available or 
        reasonably obtainable site-specific and all other relevant 
        information made available to the President.''.

SEC. 104. HAZARD RANKING SYSTEM.

    Section 105(c) (42 U.S.C. 9605(c)) is amended by inserting after 
paragraph (4) the following new paragraphs:
            ``(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 the facility.''.

SEC. 105. REMOVAL ACTIONS.

    Section 104(c)(1) (42 U.S.C. 9604(c)(1)) is amended--
             (1) by striking ``consistent with the remedial action to 
        be taken'' and inserting ``not inconsistent with any remedial 
        action that has been selected or is anticipated at the time of 
        the removal action,'';
            (2) by striking ``$2,000,000'' and inserting 
        ``$3,000,000''; and
            (3) by striking ``12 months'' and inserting ``two years''.

SEC. 106. CONSISTENT APPLICATION AMONG REGIONAL OFFICES.

    Section 115 (42 U.S.C. 9615) is amended--
            (1) by striking ``The President'' and inserting ``(a) 
        Presidential Rulemaking and Delegation Authority.--The 
        President''; and
            (2) by inserting at the end thereof the following new 
        subsection:
    ``(b) Consistent Application Among Regional Offices.--Each Regional 
Administrator should implement, execute, and enforce this Act and 
regulations, guidance, and policies established in accordance with this 
Act by (1) the President (or by the Administrator pursuant to a 
delegation from the President), or (2) the Administrator (or by the 
Deputy Administrator or an Assistant Administrator pursuant to a 
delegation from the Administrator).''.

SEC. 107. EFFECTIVE DATE AND TRANSITION RULES.

    (a) Effective Date.--The amendments made by this title shall apply 
to any final remedial action selected under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 for 
which the Record of Decision (hereinafter in this section referred to 
as the ``ROD'') was signed, or the consent decree was lodged, after 
October 28, 1997.
    (b) Remedy Updates.--The Environmental Protection Agency shall 
maintain a process to update remedies for which design, construction, 
or operation and maintenance activities are ongoing as of the date of 
the enactment of this Act in order to bring past decisions into line 
with the current state of knowledge with respect to remediation 
science, technology and engineering, best available facility data, and 
most recent Environmental Protection Agency policy and guidance. In 
doing so, the Environmental Protection Agency shall improve the cost-
effectiveness of site remediation while ensuring reliable short- and 
long-term protection of human health and the environment.

                   TITLE II--LIABILITY AND ALLOCATION

SEC. 201. LIMITATIONS TO LIABILITY FOR RESPONSE COSTS.

    (a) Limitations on Liability.--Section 107(a) (42 U.S.C. 9607(a)) 
is amended as follows:
            (1) In paragraph (1), by striking ``and'' and inserting 
        ``or''.
            (2) In paragraph (3), by striking ``person,'' and inserting 
        ``person or''.
            (3) In paragraph (4)(B)--
                    (A) by striking ``other'' both places it appears; 
                and
                    (B) by inserting ``, other than the United States, 
                a State, or an Indian tribe,'' before the phrase 
                ``consistent with the national contingency plan''.
            (4) In paragraph (4), by striking ``by such person,'' and 
        all that follows through ``shall be liable for--'' and 
        inserting in lieu thereof the following: ``by such person--
from which there is a release, or a threatened release, that causes the 
incurrence of response costs, of a hazardous substance, shall be liable 
for--''.
            (5) By designating the text beginning with ``The amounts 
        recoverable'' and ending with ``this subsection commences.'' as 
        paragraph (5) and aligning the margin of such text with 
        paragraph (4).
            (6) By adding the following new paragraphs after paragraph 
        (5):
            ``(6) Liability exemptions.--Notwithstanding paragraphs (1) 
        through (4) of this subsection, a person who does not impede 
        the performance of a response action or natural resource 
        restoration at a facility listed on the National Priorities 
List shall not be liable:
                    ``(A) Small business exemptions.--
                            ``(i) In general.--With respect to response 
                        costs incurred after October 28, 1997, for 
                        activity prior to such date, to the extent 
                        liability at such facility is based solely on 
                        paragraph (3) or (4) of this subsection and the 
                        person is a business that, during the taxable 
                        year preceding the date of transmittal of 
                        notification that the business is a potentially 
                        responsible party, had--
                                    ``(I) full- and part-time employees 
                                whose combined time was equivalent to 
                                30 or fewer full-time employees or for 
                                that taxable year reported $3,000,000 
                                or less in annual gross revenues; or
                                    ``(II) full- and part-time 
                                employees whose combined time was 
                                equivalent to 60 or fewer full-time 
                                employees or for that taxable year 
                                reported $5,000,000 or less in annual 
                                gross revenues, if the Administrator 
                                decides in the Administrator's 
                                discretion to raise the threshold under 
                                subclause (I) on a site-specific and 
                                party-specific basis.
                            ``(ii) Exemption for municipal solid 
                        waste.--With respect to costs and activity 
                        described in clause (i), to the extent 
                        liability at such facility is based solely on 
                        paragraph (3) or (4) of this subsection and the 
                        person arranged for disposal, treatment, or 
                        transport for disposal or treatment, or 
                        accepted for transport for disposal or 
                        treatment of only municipal solid waste or 
                        sewage sludge owned or possessed by such person 
                        and the person is a business that, during the 
                        taxable year preceding the date of transmittal 
                        of notification that the business is a 
                        potentially responsible party, had full- and 
                        part-time employees whose combined time was 
                        equivalent to 100 or fewer full-time employees.
                            ``(iii) Limitation.--This subparagraph 
                        shall not apply to a person otherwise covered 
                        if the Administrator has determined that--
                                    ``(I) the hazardous substances 
                                generated or transported by the small 
                                business contributed or could 
                                contribute significantly to the 
                                response costs at the facility; or
                                    ``(II) the small business has 
                                failed to substantially comply with 
                                information requests or administrative 
                                subpoenas issued by the United States.
                            ``(iv) Effect on liability.--This 
                        subparagraph shall have no effect on the 
                        liability of any other person.
                    ``(B) De micromis exemption.--With respect to 
                response costs incurred after October 28, 1997, for 
                activity prior to such date, to the extent liability at 
                such facility is based solely on paragraph (3) or (4) 
                of this subsection, and the person can demonstrate that 
                it arranged for disposal or treatment, or transport for 
                disposal or treatment or accepted for transport for 
                disposal or treatment, 110 gallons or less of liquid 
                materials containing hazardous substances or pollutants 
                or contaminants or less, 200 pounds or less of solid 
                materials containing hazardous substances or pollutants 
                or contaminants, or such greater or lesser amount as 
                the Administrator may determine by regulation, except 
                where--
                            ``(i) the Administrator has determined that 
                        such material contributed or could contribute 
                        significantly to the costs of response at the 
                        facility, or
                            ``(ii) the person has failed to 
                        substantially comply with information requests 
                        or administrative subpoenas by the United 
                        States.
                    ``(C) Bona fide prospective purchaser exemption.--
                To the extent liability at such facility is based 
                solely on paragraph (1) of this subsection for a 
                release or threat of release from the facility, and the 
                person is a bona fide prospective purchaser of the 
                facility. Not later than 18 months after the date of 
                the enactment of the Superfund Cleanup Acceleration and 
                Liability Equity Act, the Administrator shall issue 
                guidelines explaining criteria by which a person may 
                qualify as a bona fide prospective purchaser. Such 
                guidelines shall be made readily available to the 
                public.
                    ``(D) Inheritance or bequest exemption.--To the 
                extent liability at such facility is based solely on 
                the person's status as owner under paragraph (1) for a 
                release or threat of release from the facility, and the 
                person acquired the facility by inheritance or bequest 
                if the person--
                            ``(i) acquired the real property on which 
                        the facility concerned is located after 
                        disposal or placement of the hazardous 
                        substance took place;
                            ``(ii) did not cause or contribute to the 
                        release or threat of release; and
                            ``(iii) exercised due care with respect to 
                        the hazardous substance concerned, 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.
                    ``(E) Exemption for ownership of rights-of-way or 
                granting of business licenses.--To the extent the 
                liability of a Federal or State governmental entity or 
                municipality at such facility is based solely on its--
                            ``(i) ownership of a road, street, or other 
                        right of way or public transportation route 
                        (other than railroad rights of way and railroad 
                        property) over which hazardous substances are 
                        transported; or
                            ``(ii) granting of a license or permit to 
                        conduct business.
                    ``(F) Exemption for responses to natural 
                disasters.--To the extent the liability of a 
                department, agency, or instrumentality of the United 
                States at such facility is based on actions of such 
                department, agency, or instrumentality taken in 
                response to a natural disaster pursuant to the Act of 
                August 18, 1941 (33 U.S.C. 701n) or The Robert T. 
                Stafford Disaster Relief and Emergency Act (42 U.S.C. 
                5121 and following).
            ``(7) Limitation relating to municipal solid waste and 
        sewage sludge.--
                    ``(1) In general.--Notwithstanding paragraphs (1) 
                through (4), with respect to response costs incurred 
                after October 28, 1997, for activity prior to such 
                date, a person shall not be liable for more than 10 
                percent of total response costs at a facility listed on 
                the National Priorities List, in aggregate, to the 
                extent the person is liable solely under paragraph (3) 
                or (4) of this subsection, and the arrangement for 
                disposal, treatment, or transport for disposal or 
                treatment, or the acceptance for transport for disposal 
                or treatment, involved only municipal solid waste or 
                sewage sludge. In any case in which more than one 
                person at a facility comes within the coverage of this 
                paragraph, the 10 percent limitation on liability shall 
                apply to the aggregate liability of all such persons. 
                Such limitation on liability shall apply only if either 
                the acts or omissions giving rise to liability occurred 
                before October 28, 1997.
            ``(2) Limitations.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Large municipality.--The term `large 
                        municipality' means a municipality with a 
                        population of 100,000 or more according to the 
                        1990 census.
                            ``(ii) Small municipality.--The term `small 
                        municipality' means a municipality with a 
                        population of less than 100,000 according to 
                        the 1990 census.
                    ``(B) Aggregate liability of small 
                municipalities.--With respect to a facility that 
                received municipal solid waste (in this paragraph 
                referred to as a codisposal landfill), that was 
                proposed for listing on the National Priorities List 
                before October 28, 1997, that is owned or operated only 
                by small municipalities, and that is not subject to the 
                criteria for solid waste landfills published under 
                subtitle D of the Solid Waste Disposal Act (42 U.S.C. 
                6941 et seq.) at part 258 of title 40, Code of Federal 
                Regulations (or a successor regulation), the aggregate 
                liability of all small municipalities for response 
                costs incurred on or after October 28, 1997, shall be 
                the lesser of--
                            ``(i) 10 percent of the total amount of 
                        response costs at the facility; or
                            ``(ii) the costs of compliance with the 
                        requirements of subtitle D of the Solid Waste 
                        Disposal Act (42 U.S.C. 6941 et seq.) for the 
                        facility (as if the facility had continued to 
                        accept municipal solid waste through January 1, 
                        1997);.
                    ``(C) Aggregate liability of large 
                municipalities.--With respect to a codisposal landfill 
that was proposed for listing on the National Priorities List before 
October 28, 1997, that is owned or operated only by large 
municipalities, and that is not subject to the criteria for solid waste 
landfills published under subtitle D of the Solid Waste Disposal Act 
(42 U.S.C. 6941 et seq.) at part 258 of title 40, Code of Federal 
Regulations (or a successor regulation), the aggregate liability of all 
large municipalities for response costs incurred on or after October 
28, 1997, shall be the lesser of--
                            ``(i) 20 percent of the proportion of the 
                        total amount of response costs at the facility; 
                        or
                            ``(ii) the costs of compliance with the 
                        requirements of subtitle D of the Solid Waste 
                        Disposal Act (42 U.S.C. 6941 et seq.) for the 
                        facility (as if the facility had continued to 
                        accept municipal solid waste through January 1, 
                        1997).
            ``(8) Limitation relating to certain tax-exempt 
        organizations.--(A) Notwithstanding paragraphs (1) through (4) 
        of this subsection, with respect to response costs incurred 
        after October 28, 1997, the liability of a person who does not 
        impede the performance of response actions or natural resource 
        restoration with respect to a release or threatened release 
        from a vessel or facility listed on the National Priorities 
        List shall be limited to the lesser of the fair market value of 
        the vessel or facility or the actual proceeds of the sale of 
        the vessel or facility received by the person, to the extent 
        such liability is based solely on the person's status under 
        paragraph (1) as owner of the vessel or facility if the 
        person--
                    ``(i) 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 sections 170, 2055, or 
                2522 of such Code;
                    ``(ii) exercised due care with respect to the 
                hazardous substance concerned, 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;
                    ``(iii) did not cause or contribute to the release 
                or threat of release; and
                    ``(iv) acquired the real property on which the 
                facility concerned is located, or acquired the vessel, 
                after disposal or placement of the hazardous substance 
                took place.
            ``(B) At any facility to which the provisions of this 
        paragraph apply, the owner or operator of the vessel or 
        facility within the meaning of paragraph (1) shall include any 
        person who owned or operated the facility immediately prior to 
        the person described in subparagraph (A).
            ``(9) Contiguous property.--A person who owns or operates 
        real property that is contiguous to or otherwise situated with 
        respect to real property on which there has been a release of a 
        hazardous substance and that is or may be contaminated by the 
        release shall not be considered an owner or operator of a 
        facility under paragraph (1)(A) solely by reason of such 
        contamination if such person establishes by a preponderance of 
        the evidence that--
                    ``(A) such person exercised due care with respect 
                to the hazardous substance, taking into consideration 
                the characteristics of such hazardous substance, in 
                light of all relevant facts and circumstances;
                    ``(B) such person took precautions against 
                foreseeable acts or omissions that resulted in the 
                release and the consequences that could foreseeably 
                result from such acts or omissions;
                    ``(C) such person did not cause or contribute to 
                the release; and
                    ``(D) such person provides full cooperation, 
                assistance, and facility access to persons authorized 
                to conduct response actions at the facility, including 
                the cooperation and access necessary for the 
                installation, integrity, operation, and maintenance of 
                any complete or partial response action at the 
                facility.
        The President may issue assurances of no enforcement action 
        under this Act to such person and may grant such person 
        protection against cost recovery and contribution actions 
        pursuant to section 113(f).''.
    (b) Prospective Purchaser and Windfall Lien.--
            (1) In general.--Section 107 is amended by inserting after 
        subsection (m) the following new subsection:
    ``(n) Prospective Purchaser and Windfall Lien.--(1) In any case in 
which there are unrecovered response costs at a facility for which an 
owner of the facility is not liable by reason of subsection (a)(6)(C), 
and the conditions described in paragraph (2) are met, the United 
States shall have a lien upon such facility for such unrecovered costs. 
Such lien--
            ``(A) shall not exceed the increase in fair market value of 
        the property attributable to the response action at the time of 
        a subsequent sale or other disposition of property;
            ``(B) shall arise at the time costs are first incurred by 
        the United States with respect to a response action at the 
        facility;
            ``(C) shall be subject to the requirements for notice and 
        validity established in paragraph (3) of subsection (l); and
            ``(D) shall continue until the earlier of satisfaction of 
        the lien or recovery of all response costs incurred at the 
        facility.
    ``(2) The conditions referred to in paragraph (1) are the 
following:
            ``(A) A response action for which there are unrecovered 
        costs is carried out at the facility.
            ``(B) Such response action increases the fair market value 
        of the facility above the fair market value of the facility 
        that existed within six months before the response action was 
        taken.''.
    ``(3) No lien under this section shall arise (A) with respect to 
property for which the property owner preceding the first bona fide 
prospective purchaser is not a liable party or has resolved its 
liability under this Act, or (B) where an audit or inquiry gives the 
bona fide prospective purchaser no knowledge or reason to know of the 
release of hazardous substances.''.
            (2) Effective date and transition rules.--The amendments 
        made by this subsection--
                    (A) shall take effect with respect to an action 
                under section 106, 107, or 113 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9606, 9607, and 9613) that becomes 
                final on or after October 28, 1997; and
                    (B) shall not apply to an action brought by any 
                person under section 107 or 113 of that Act for costs 
                incurred by the person before October 28, 1997.
            (3) Illegal activities.--Paragraphs (6), (7), (8), and (9) 
        of section 107(a) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9607), as 
        added by this section, shall not apply to any person whose 
        liability for response costs is based on any act, omission, or 
        status that is determined by a court or administrative body of 
        competent jurisdiction, within the applicable statute of 
        limitations, to have been in violation of any Federal or State 
        law pertaining to the treatment, storage, disposal, or handling 
        of hazardous substances if the violation pertains to a 
        hazardous substance, the release or threat of release of which 
        caused the incurrence of response costs at the vessel or 
        facility concerned.

SEC. 202. EXPEDITED FINAL SETTLEMENTS.

    Section 122 is amended as follows:
            (1) Subsection (g) is amended by striking ``(g)'' and all 
        that follows through the end of subparagraph (A) of paragraph 
        (1) and inserting in lieu thereof the following:
    ``(g) Expedited Final Settlement.--
            ``(1) Parties eligible for expedited settlement.--(A) The 
        President shall, as promptly as possible, offer to reach a 
        final administrative or judicial settlement with a potentially 
        responsible party who meets one or more of the following 
        conditions for eligibility for an expedited settlement:
                    ``(i) The potentially responsible party's 
                individual contribution of hazardous substances at the 
                facility 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 1 percent or 
                        less of the total volumetric contribution at 
                        the facility.
                            ``(II) The potentially responsible party's 
                        hazardous substances do not present toxic or 
                        other hazardous effects that would result in an 
                        allocable share of greater than 1 percent.''.
            (2) Subsection (g) is further amended--
                    (A) by redesignating clauses (i), (ii), and (iii) 
                of subparagraph (B) of paragraph (1) as subclauses (I), 
                (II), and (III), respectively;
                    (B) by redesignating subparagraph (B) of paragraph 
                (1) as clause (ii);
                    (C) in the text of clause (ii) (as so 
                redesignated), by striking ``subparagraph (B)'' and 
                inserting ``clause (ii)''; and
                    (D) by adding at the end of paragraph (1) the 
                following:
                    ``(iii) The potentially responsible party is a 
                business that, during the taxable year preceding the 
                date of transmittal of notification that the business 
                is a potentially responsible party, had full- and part-
                time employees whose combined time was equivalent to 30 
                or fewer full-time employees or for that taxable year 
                reported $3,000,000 or less in annual gross revenues.
            ``(B) The President may offer to reach a final 
        administrative or judicial settlement with a potentially 
        responsible party whose individual contribution of hazardous 
        substances at the facility is small. The contribution of 
        hazardous substance to a facility by a potentially responsible 
        party is small if both of the following conditions are met:
                    ``(i) The potentially responsible party's 
                volumetric contribution of materials containing 
                hazardous substances is small in comparison to the 
                total volumetric contributions of materials containing 
                hazardous substances at the facility; such individual 
                contribution is presumed to be small if it is more than 
                1 percent but less than 5 percent 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 would result in an allocable 
                share of more than 1 percent and less than 5 
                percent.''.
            (3) Paragraph (2) of subsection (g) is amended to read as 
        follows:
            ``(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(i)(1) or section 104(e) of this 
        Act. 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. Neither 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, nor the terms of the final settlement with 
        such a party, shall 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.''.

SEC. 203. ALLOCATION PROCEDURES.

    Title I (42 U.S.C. 9621 et seq.) is further amended by adding at 
the end the following new section:

``SEC. 128. ALLOCATION OF LIABILITY FOR CERTAIN FACILITIES.

    ``(a) Allocations of Liability.--
            ``(1) Definitions.--In this section:
                    ``(A) Allocated share.--The term `allocated share' 
                means the percentage of liability assigned to a 
                potentially responsible party by the allocator in an 
                allocation report.
                    ``(B) Allocation party.--(i) The term `allocation 
                party' means a party, named on a list of parties issued 
                by an allocator, that will be subject to the allocation 
                process under this section.
                    ``(ii) Any settling party (including a party 
                eligible for an expedited settlement pursuant to 
                section 122(g)) or any party eligible for an exemption 
                or limitation pursuant to section 107(a)(6) shall be 
                considered an allocation party only for purposes of 
                responding to requests for information from the 
                allocator and receiving an allocated share in order to 
                determine the appropriate orphan share pursuant to 
                subsection (h)(4).
                    ``(C) Allocator.--The term `allocator' means an 
                allocator retained to conduct an allocation for a 
                facility under this section.
                    ``(D) Mandatory allocation facility.--The term 
                `mandatory allocation facility' means--
                            ``(i) a non-federally owned vessel or 
                        facility listed on the National Priorities List 
                        with respect to which response costs are 
                        incurred after October 28, 1997, and at which 
                        there are 2 or more potentially responsible 
                        persons (including 1 or more persons that are 
qualified for an exemption under this Act, if at least 1 potentially 
responsible person is viable and not entitled to such an exemption; and
                            ``(ii) a federally owned vessel or facility 
                        listed on the National Priorities List with 
                        respect to which response costs are incurred 
                        after October 28, 1997, and with respect to 
                        which 1 or more potentially responsible parties 
                        (other that a department, agency, or 
                        instrumentality of the United States) are 
                        liable or potentially liable if at least 1 
                        potentially liable party is viable and not 
                        entitled to an exemption under this Act.
                    ``(E) Orphan share.--The term `orphan share' means 
                the total of the allocated shares determined by the 
                allocator under subsection (h)(4).
            ``(2) Mandatory allocations.--For each mandatory allocation 
        facility involving 2 or more potentially responsible parties 
        (including 1 or more potentially responsible parties that are 
        qualified for an exemption under this Act), the Administrator 
        shall conduct the allocation process under this section.
            ``(3) Requested allocations.--For a facility (other than a 
        mandatory allocation facility) involving 2 or more potentially 
        responsible parties, the Administrator may conduct the 
        allocation process under this section if the allocation is 
        requested in writing by a potentially responsible party that 
        has--
                    ``(A) incurred response costs with respect to a 
                response action; or
                    ``(B) resolved any liability to the United States 
                with respect to a response action in order to assist in 
                allocating shares among potentially responsible 
                parties.
            ``(4) Orphan share.--An allocation performed at a vessel or 
        facility identified under paragraph (3) shall not require 
        payment of an orphan share under subsection (h).
            ``(5) Limitation of certain facilities.--For any response 
        costs within the scope of allocation as defined in paragraph 
        (6) which are subject to a judicial or administrative consent 
        decree or unilateral administrative order under section 106 
        which has been issued, signed, lodged, or entered as of October 
        28, 1997, the following procedures shall apply:
                    ``(A) Any person or group of persons subject to the 
                consent decree or unilateral administrative order shall 
                select, with the approval of the Administrator, a 
                neutral third party, who shall make the determination 
                in subparagraph (B).
                    ``(B) Within 14 days after the selection of the 
                neutral third party, the person or group of persons 
                shall submit a written presentation which shows that 
                there is at least a $1,000,000 orphan share of the 
                costs yet to be incurred with regard to the response 
                action which is subject to the consent decree or 
                unilateral administrative order.
                    ``(C) Within 21 days after the receipt of the 
                written submission, the neutral third party shall make 
                a determination as to whether there is a reasonable 
                belief, based on the information submitted, that the 
                requirement of subparagraph (B) has been met.
                    ``(D) If the requirement of subparagraph (B) is 
                met, an allocation shall be performed for the sole 
                purpose of determining the appropriate orphan share 
                under subsection (h)(4).
                    ``(E) The determination by the neutral third party 
                is not reviewable and the cost of this process shall be 
                paid by the person or group of persons seeking the 
                allocation.
                    ``(F) Nothing in this paragraph shall effect or 
                limit the obligations of any persons to implement any 
                response action as required by the consent decree or 
                unilateral administrative order.
            ``(6) Scope of allocations.--An allocation under this 
        section shall apply to--
                    ``(A) response costs incurred after October 28, 
                1997, with respect to a mandatory allocation facility; 
                and
                    ``(B) response costs incurred at a facility that is 
                the subject of a requested allocation under paragraph 
                (3).
    ``(b) Moratorium on Commencement or Continuation of Suits.--
            ``(1) Moratorium.--No person may assert any claim for 
        response costs pursuant to section 107 or 113 of this Act or 
        commence any civil action seeking recovery of any response 
        costs in connection with a response action for which an 
        allocation is required under subsection (a)(1) or (2), or for 
        which the Administrator has initiated an allocation under 
        subsection (a)(3), until 90 days after issuance of 
the allocator's report under subsection (h) or (m), whichever is later.
            ``(2) Stay of existing actions.--If a claim for response 
        costs pursuant to section 107 or 113 of this Act or an action 
        seeking recovery of response costs in connection with a 
        response action for which an allocation is required under 
        subsection (a)(1) or (a)(2), or for which the Administrator has 
        initiated an allocation under subsection (a)(3), is pending--
                    ``(A) upon the date of enactment of the Superfund 
                Cleanup Acceleration and Liability Equity Act, or
                    ``(B) upon initiation of an allocation,
        the action or claim shall be stayed until 90 days after the 
        issuance of the allocator's report under subsection (h) or (m), 
        unless the court determines that a stay will result in manifest 
        injustice.
            ``(3) Statute of limitations.--Any applicable limitations 
        period with respect to a cause of action subject to paragraph 
        (1) shall be tolled from the earlier of the following until 180 
        days after the issuance of the allocator's report under 
        subsection (h) or (m):
                    ``(A) The date of listing of the facility on the 
                National Priorities List.
                    ``(B) The commencement of the allocation process 
                pursuant to this section.
    ``(c) Commencement of Allocation.--
            ``(1) Responsible party search.--At all facilities subject 
        to this section, the Administrator shall, as soon as 
        practicable, but not later than 60 days after the commencement 
        of the remedial investigation, initiate a thorough 
        investigation and search for all potentially responsible 
        parties, using the authorities under section 104. Any person 
        may submit information to the Administrator concerning any 
        potentially responsible party at the facility, and the 
        Administrator shall consider such information in carrying out 
        the responsible party search.
            ``(2) Notification of de minimis parties.--As soon as 
        practicable after receipt of sufficient information, but not 
        more than 12 months after the commencement of the remedial 
        investigation, the Administrator shall take each of the 
        following actions:
                    ``(A) The Administrator shall notify any 
                potentially responsible party who the Administrator 
                determines is eligible for an expedited final 
                settlement in accordance with section 122(g)(1)(A) of 
                its eligibility, based on information available to the 
                Administrator at the time the determination is made. 
                Any such information that is not confidential shall, to 
                the extent practicable, be made available by the 
                Administrator to the party at the time of the 
                settlement offer.
                    ``(B) The Administrator shall submit a written 
                settlement offer to each party notified under 
                subparagraph (A) no later than 60 days after such 
                notification. The Administrator shall, at the same 
                time, make available to such party upon request any 
                nonconfidential information related to the party's 
                settlement upon which the Administrator based the 
                settlement offer. If the settlement offer is based in 
                whole or in part on confidential information, the 
                Administrator shall so advise such party.
            ``(3) Preliminary notice to other parties.--As soon as 
        practicable after receipt of sufficient information, but not 
        later than 18 months after commencement of the remedial 
        investigation, the Administrator shall--
                    ``(A) notify any party not previously notified 
                under paragraph (2) who the Administrator determines is 
                eligible for an expedited final settlement in 
                accordance with section 122(g)(1)(A) of its 
                eligibility, based on information available to the 
                Administrator at the time the determination is made;
                    ``(B) issue a list of all potentially responsible 
                parties preliminarily identified by the Administrator 
                to all such parties;
                    ``(C) notify the public, in accordance with section 
                117(d), of the list of potentially responsible parties 
                identified pursuant to subparagraphs (A) and (B) by the 
                Administrator; and
                    ``(D) make available all responses to the 
                Administrator's information requests, as well as other 
                relevant information concerning the facility and 
                potentially responsible parties, to the notified 
                parties, to the extent it is available to the 
                Administrator.
        The Administrator shall not make available any privileged or 
        confidential information, except as otherwise authorized by 
        law. The Administrator shall take the actions specified in this 
        paragraph within 9 months after the date of enactment of this 
        section for all facilities eligible for allocation under 
        subsection (a)(1) or (a)(2) for which the responsible party 
        search required by a paragraph (1) was substantially complete 
        prior to the date of the enactment of this section.
            ``(4) Status of parties.--At the time of proposing the list 
        of potentially responsible parties under paragraph (3), the 
        Administrator shall--
                    ``(A) identify parties that are eligible for 
                expedited settlement pursuant to section 122(g);
                    ``(B) identify parties who are not eligible for 
                such expedited settlement; or
                    ``(C) determine that there is insufficient 
                information to ascertain whether or not the party is 
                eligible for such expedited settlement.
            ``(5) Nomination of parties.--(A) For 60 days after 
        information has been made available pursuant to paragraph (3), 
        the parties identified by the Administrator and members of the 
        affected community shall have the opportunity to identify and 
        nominate additional potentially responsible parties or 
        otherwise provide information relevant to the facility or such 
        potentially responsible parties. This period may be extended by 
        the Administrator for an additional 30 days upon request of any 
        person.
            ``(B) Any proposal for the addition of any potentially 
        responsible party with respect to a facility shall be supported 
by a statement setting forth the basis in law and fact for the 
nominating party's belief that the additional nominated party is 
potentially liable under this Act and by full disclosure to the 
Administrator and to the nominated party at the same time of all 
available information concerning that party's liability under this Act 
and that party's contribution of hazardous substances to the facility. 
The nominated party may submit to the Administrator information 
relating to its inclusion as an additional potentially responsible 
party within 45 days of the receipt of such information.
            ``(6) List of allocation parties.--(A) Within 60 days after 
        the end of the period specified in paragraph (5)(A) for the 
        proposal of additional parties, the Administrator shall--
                    ``(i) issue a list of parties subject to the 
                allocation process (hereinafter referred to in this 
                section as the `allocation parties');
                    ``(ii) identify in writing, as to each of the 
                proposed additional parties, which parties the 
                Administrator has determined, in the Administrator's 
                sole discretion--
                            ``(I) to be eligible for expedited 
                        settlement pursuant to section 122(g),
                            ``(II) not to be eligible for such 
                        expedited settlement, and
                            ``(III) for whom insufficient information 
                        exists to determine whether or not the party is 
                        eligible for such expedited settlement; and
                    ``(iii) identify (in writing supported by brief 
                explanation) those parties as to which the 
                Administrator has determined, in the Administrator's 
                sole discretion, that there is an inadequate basis in 
                law or fact to determine that the party is liable under 
                this Act.
        The Administrator shall consider, when making determinations 
        under this subparagraph, all available information provided 
        pursuant to paragraph (5)(B). For each party identified under 
        clause (iii), the Administrator shall further identify whether 
        that party, if liable, would be eligible for an expedited 
        settlement.
            ``(B) At the time of issuance of the list of parties 
        provided for in subparagraph (A), the Administrator shall 
        provide the potentially responsible parties who received notice 
        under this paragraph with a list of neutral parties who are not 
        employees of the United States and who the Administrator 
        determines, in the Administrator's sole discretion, are 
        qualified to perform an allocation at the facility.
            ``(C) Any party the Administrator identifies as potentially 
        liable and eligible for expedited settlement pursuant to this 
        section, shall only be required to respond to information 
        requests from the allocator and shall only be assigned a share 
        in the allocation to the extent required to determine the 
        orphan share pursuant to subsection (h), unless that party 
        fails to reach an agreement on settlement terms with the 
        President within 30 days after the offer.
            ``(D) The Administrator's determinations for purposes of 
        this subsection shall not be subject to judicial review, nor 
        shall any determination or explanation provided for purposes of 
        the allocation be admissible for any purpose in an action 
        commenced by the United States against the party that is the 
        subject of the determination or any other party.
            ``(E) The allocator may assign a zero share to any party 
        the allocator determines should receive such a share in 
        consideration of the allocation factors including the 
        Administrator's determinations under subparagraph (C).
            ``(F) If a party is included in the allocation pursuant to 
        the nomination of a potentially responsible party pursuant to 
        subsection (c)(5), but assigned a zero share by the allocator, 
        that party's costs of participating in the allocation 
        (including reasonable attorneys' fees) shall be borne by the 
        party who proposed the addition of the party to the allocation.
    ``(d) De Minimis Settlement Offer.--(1) Within 30 days after the 
final list of parties is issued pursuant to paragraph (6) of subsection 
(c), the Administrator shall submit a written settlement offer to any 
party identified as a potentially responsible party pursuant to this 
section who the Administrator has determined to be eligible for an 
expedited final settlement in accordance with section 122(g)(1)(A), and 
who has not entered into a settlement with the United States regarding 
the matters being addressed by the allocation. The Administrator shall, 
at the same time, make available to such party upon request any 
nonconfidential information related to the party's settlement.
    ``(2) The President shall not include any premia pursuant to 
section 122(g) in a settlement offer made pursuant to paragraph (1) 
more than 60 days after the date the offer is required to be made 
pursuant to paragraph (1) to a party that is a business which had full- 
and part-time employees whose combined time was equivalent to 100 or 
fewer employees during the taxable year preceding the date that the 
party received notification that the party was eligible for an 
expedited settlement.
    ``(e) Selection of Allocator.--
            ``(1) Proposal of additional candidates.--Any party 
        identified by the Administrator under subsection (c) may 
        propose any person whom such party deems qualified for 
        selection as an allocator in addition to those proposed from 
        the list provided under subsection (c)(6)(B).
            ``(2) Selection of allocator by allocation parties.--The 
        allocation parties shall select an allocator from the list of 
        allocators proposed by the Administrator or under paragraph (1) 
        by the following voting method with each allocation party 
        having a single vote:
                    ``(A) Each allocation party, with the Administrator 
                voting for the identified but insolvent or defunct 
                parties, shall numerically rank the individuals on the 
                final list of proposed allocators, with a ranking of 1 
                indicating first preference, and forward its vote to 
                the Administrator within 30 days of the issuance of the 
                final list of allocators pursuant to subsection 
                (c)(6)(B).
                    ``(B) The proposed allocator who receives the 
                lowest combined numerical score, taking into account 
                all votes submitted to the Administrator pursuant to 
                clause (i), and who agrees to serve as allocator, shall 
                be the allocator.
            ``(3) Selection of allocator by epa.--If the allocation 
        parties do not select an allocator pursuant to this subsection 
        within 30 days after receipt of the list provided under 
        paragraph (2), the Administrator shall select the allocator, 
        except that if the Administrator rejects 4 or more allocators 
        selected by the allocation parties, the Administrator shall 
        initiate a new allocator selection process under this section.
    ``(f) Contract.--Following selection of the allocator, the 
Administrator shall enter into a contract with the selected allocator 
for the provision of allocation services for the facility concerned, 
and immediately make available all responses to information requests, 
as well as other relevant information concerning the facility and 
potentially responsible parties, to the allocator. The Administrator 
has the authority to use the procedures set forth in section 109(e) to 
obtain the services of a neutral professional for use in conducting 
allocation procedures under this section, whether or not the neutral 
professional actually conducts such allocation procedures.
    ``(g) Potentially Responsible Party Settlement.--At any time prior 
to the issuance of an allocation report as described in subsection (h), 
any group of potentially responsible parties may submit to the 
allocator a private allocation. If such private allocation meets all of 
the following criteria, the allocator shall promptly adopt it as the 
allocation report:
            ``(1) The private allocation is a binding allocation of 95 
        percent of the future recoverable response costs at issue under 
        subsection (a).
            ``(2) The private allocation does not allocate any share of 
        response costs to any person who is not a signatory to the 
        proposed private allocation or, in the case of any orphan 
        share, unless the United States (and, where applicable, the 
        State) is a signatory to the proposed private allocation.
            ``(3) The signatories to the proposed private allocation 
        waive their contribution rights with respect to the response 
        costs subject to the allocation against all other potentially 
        responsible parties at the facility.
    ``(h) Allocation Determination.--
            ``(1) Settlement and allocation report.--Following issuance 
        of the list of allocation parties pursuant to subsection 
        (c)(6)(A)(i), the allocator shall initiate and conduct an 
        allocation process that shall culminate in the issuance of a 
        written report, with a nonbinding, equitable allocation of the 
        percentage shares of responsibility of all allocation parties, 
        including the orphan share, for response costs at the facility 
        within the scope of the allocation, and provide such report to 
        the allocation parties and the Administrator. The allocator 
        shall provide the report to the allocation parties and the 
        Administrator within 180 days of the issuance of the list of 
        allocation parties pursuant to subsection (c)(6) or the date of 
        the contract for allocation service pursuant to subsection (f), 
        whichever is later. Upon request, for good cause shown, the 
        Administrator may grant the allocator additional time to 
        complete the allocation, not to exceed 90 days.
            ``(2) Factors in the allocation.--The allocator shall 
        prepare a nonbinding, equitable allocation of percentage shares 
        for the facility based on the following factors:
                    ``(A) The amount of hazardous substances 
                contributed by each allocation party.
                    ``(B) The degree of toxicity of hazardous 
                substances contributed by each allocation party.
                    ``(C) The mobility of hazardous substances 
                contributed by each allocation party.
                    ``(D) The degree of involvement of each allocation 
                party in the generation, transportation, treatment, 
                storage, or disposal of the hazardous substance.
                    ``(E) The degree of care exercised by each 
                allocation party with respect to the hazardous 
                substance, taking into account the characteristics of 
                the hazardous substance.
                    ``(F) The cooperation of each allocation party in 
                contributing to the response action and in providing 
                complete and timely information during the allocation 
                process.
                    ``(G) Such other factors that the Administrator 
                determines are appropriate by published guidance. Any 
                such guidance shall be consistent with this Act and 
                shall be published only after notice and opportunity 
                for public comment. An alleged failure of the allocator 
                to consider 1 or more additional factors set forth in 
                such guidance shall not be deemed unlawful conduct or 
                procedural error for purposes of subsection (l)(1)(B).
            ``(3) Conduct of allocation process.--The allocator shall 
        conduct the allocation process and render a decision based 
        solely on the provisions of this section, including the 
        allocation factors specified in paragraph (2). Each party to 
        the allocation shall be afforded an opportunity to be heard 
        (either orally or in writing, at the allocator's discretion), 
        and an opportunity to comment on a draft allocation report. The 
        allocator shall not be required to respond to comments.
            ``(4) Identification of orphan shares.--
                    ``(A) Components of orphan share.--The allocator 
                may determine that a percentage share for the facility 
                is specifically attributable to an orphan share. The 
                orphan share shall consist only of the following:
                            ``(i) Shares attributable to hazardous 
                        substances that the allocator determines, on 
                        the basis of information presented, to be 
                        specifically attributable to identified but 
                        insolvent or defunct allocation parties who are 
                        not affiliated with any viable allocation 
                        party.
                            ``(ii) The difference between the aggregate 
                        shares that the allocator determines are 
                        attributable to an allocation party and the 
                        aggregate share actually paid by that party 
                        (other than a party entitled to the exemption 
                        in section 107(a)(6)(B)) if the liability of 
                        the party is eliminated or limited by any 
                        provision of this Act.
                            ``(iii) The difference between the 
                        aggregate share that the allocator determines, 
                        on the basis of information presented, to be 
                        specifically attributable to allocation parties 
                        who settled with the United States before 
                        completion of the allocation and the share 
                        actually assumed by those parties in any 
                        settlements with the United States.
                    ``(B) Unattributable shares.--Shares attributable 
                to hazardous substances that the allocator cannot 
                attribute to any identified party shall be distributed 
                among the allocation parties, including the orphan 
                share, in accordance with the allocated share assigned 
                to each.
            ``(5) Costs incurred before october 28, 1997.--An allocated 
        share received by a person shall, at the person's discretion, 
        be binding on any action or claim for response costs incurred 
        before October 28, 1997, under section 113 if such action or 
        claim has not become final as of October 28, 1997.
    ``(i) Answers and Certifications to Allocator's Information 
Requests.--
            ``(1) Subpoenas and information requests.--Where necessary 
        to assist in determining the allocation of shares, the 
        allocator may request information or documents from any 
        allocation party in accordance with paragraphs (2) or (5) of 
        section 104(e), and require by subpoena the attendance of 
        persons or the production of documents, or other information in 
        accordance with section 104(e)(7). Any allocation party to whom 
        a request is directed shall include in the response a 
        certification by a responsible representative or authorized 
        representative that satisfies the requirement of section 
        104(e)(3). The allocator may also request the Administrator to 
        utilize the authorities of paragraph (2) and to exercise any 
        information-gathering authority of the Administrator under this 
        Act.
            ``(2) Powers of the allocator.--In addition to the 
        information-gathering authority set forth in paragraph (1), the 
        allocator shall have the authority to schedule meetings and 
        require the attendance of allocation parties at such meetings; 
        to require that allocation parties wishing to present similar 
        legal or factual positions consolidate their presentations; to 
        obtain or employ support services, including secretarial and 
        clerical services, computer support services, and legal and 
        investigative services; and to take any other actions necessary 
        to conduct a fair, efficient, and impartial allocation process.
    ``(j) Civil and Criminal Penalties.--
            ``(1) Civil penalties.--Where the allocator issues an 
        administrative subpoena or information request pursuant to 
        subsection (i), a party who unreasonably fails to comply with 
        the subpoena or request shall be subject to a civil penalty not 
        to exceed $25,000 for each day of noncompliance.
            ``(2) Enforcement.--The allocator may seek enforcement of 
        an administrative subpoena or information request pursuant to 
        subsection (i)(1), and shall seek such enforcement by 
        requesting that the Attorney General commence an action to 
        enforce the subpoena or request. The Attorney General, within 
        30 days after receiving such request from the allocator, 
        shall--
                    ``(A) notify the allocator that the Attorney 
                General will commence an action to enforce the subpoena 
                or information request;
                    ``(B) notify the allocator that the Attorney 
                General will not seek enforcement of the subpoena or 
                request because the subpoena or request is barred by 
                law or would result in annoyance, embarrassment, 
                oppression, or undue burden or expense to the party to 
                whom it was issued; or
                    ``(C) notify the allocator that the Attorney 
                General has insufficient information on which to 
                determine whether an enforcement action is appropriate.
            ``(3) Failure of attorney general to respond.--If the 
        Attorney General fails to provide any response to the allocator 
        within 30 days of a request for enforcement of a subpoena or 
        information request, the allocator may retain counsel to 
        commence a civil action to enforce the subpoena or information 
        request.
            ``(4) Penalty.--If the Attorney General or allocator 
        prevails in an action to enforce an allocator's subpoena or 
        information request, the party who failed to comply shall be 
        subject to a sanction that may include civil penalties as 
        provided in paragraph (1). The court shall require such party 
        to pay the reasonable expenses, including attorney's fees, 
        caused by the failure to comply, unless the court finds that 
        the failure was substantially justified or that other 
        circumstances make an award of expenses unjust.
            ``(5) Criminal.--Any person who knowingly and willfully 
        makes any false material statement or representation in the 
        response to an allocator's information request or subpoena 
        issued pursuant to subsection (i) shall be deemed to have made 
        a false statement on a matter within the jurisdiction of the 
        United States within the meaning of section 1001 of title 18, 
        United States Code.
    ``(k) Document Repository; Confidentiality.--
            ``(1) Document repository.--The allocator shall establish 
        and maintain a document repository containing copies of all 
        documents and information--
                    ``(A) provided by the Administrator pursuant to 
                this section,
                    ``(B) provided or generated by the allocation 
                parties, or
                    ``(C) generated by the allocator during the 
                allocation.
        The documents and information in the document repository shall 
        be available only to the parties to the allocation process for 
        review and copying at their own expense, subject to the 
        confidentiality provisions of paragraph (2). The Administrator 
        shall 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. An allocation party shall not assert any privilege 
        as a basis for withholding any information from the allocator.
            ``(2) Confidentiality.--All documents and materials 
        submitted to the allocator or placed in the document 
        repository, together with the record of any information 
        generated or obtained during the allocation process, shall be 
        confidential. The allocator, each allocation party, the 
        Administrator, and the Attorney General shall maintain such 
        documents and materials, together with the record of any 
        information generated or obtained during the allocation, 
as confidential and are prohibited from using any such material in any 
other matter or proceeding, and shall not be subject to disclosure 
under section 552 of title 5, United States Code. Such material shall 
not be discoverable or admissible in any other Federal, State, or local 
judicial or administrative proceedings, except--
                    ``(A) a new allocation pursuant to subsection (m) 
                or (n) for the same remedial action, or
                    ``(B) an initial allocation for a different 
                remedial action at the same facility.
        Nothing in this section shall be construed to authorize any 
        person, including the allocator, 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. Any person disclosing such documents or 
        information to Congress shall notify the person who produced 
        such documents or information of the fact of such disclosure 
        pursuant to paragraph (5).
            ``(3) Discoverability and admissibility.--Notwithstanding 
        the foregoing, 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 which 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 
        fact, if subsequently sought from such other party, shall 
        remain so.
            ``(4) No waiver of privilege.--The submission of, 
        documents, or information pursuant to the allocation process 
        shall not be deemed to be a waiver of any privilege, applicable 
        to such documents or information under any Federal or State law 
        or rule of discovery or evidence.
            ``(5) Procedure when discovery is sought.--Any person, 
        including the United States and any Federal, State, or local 
        agency, department or instrumentality, receiving any request 
        for a statement, document, or material submitted, or for the 
        record of any allocation proceeding, shall promptly notify the 
        person who originally submitted such item and, except in the 
        case of a request from the Congress or a duly authorized 
        committee thereof, shall provide such submitting person the 
        opportunity to assert and defend the confidentiality of such 
        item. No person shall release or provide a copy of the item to 
        any person not a party to such allocation, other than the 
        Congress or a duly authorized committee thereof, except as may 
        be required by court order.
            ``(6) Civil penalty for violation of confidentiality.--Any 
        person who fails to maintain the confidentiality of any 
        statements, documents or information generated or obtained 
        during an allocation proceeding, or who releases any such 
        information in violation of this section shall be subject to 
        civil penalties of up to $25,000 per violation. Such penalties 
        may be sought in a civil action initiated by the Attorney 
        General on behalf of the United States, or any allocation party 
        adversely affected by the failure to maintain confidentiality.
    ``(l) Rejection of Allocation Report.--
            ``(1) Rejection.--The Administrator and the Attorney 
        General may jointly reject a report issued by an allocator only 
        if the Administrator and the Attorney General jointly publish, 
        not later than 180 days after the Administrator receives the 
        report, a written determination that--
                    ``(A) no rational interpretation of the facts 
                before the allocator, in light of the factors required 
                to be considered, would form a reasonable basis for the 
                shares assigned to the parties; or
                    ``(B) the allocation process was directly and 
                substantially affected by bias, procedural error, 
                fraud, or unlawful conduct.
            ``(2) Finality.--A report issued by an allocator may not be 
        rejected after the date that is 180 days after the date on 
        which the United States accepts a settlement offer (excluding 
        an expedited settlement under section 122) based on the 
        allocation.
            ``(3) Judicial review.--Any determination by the 
        Administrator or the Attorney General under this subsection 
        shall not be subject to judicial review unless 2 successive 
        allocation reports relating to the same response action are 
        rejected, in which case any allocation party may obtain 
        judicial review of the second rejection in a United States 
        district court under subchapter II of chapter 5 of part I of 
        title 5, United States Code.
            ``(4) Delegation.--The authority to make a determination 
        under this subsection may not be delegated to any officer or 
        employee below the level of an Assistant Administrator or 
        Acting Assistant Administrator or an Assistant Attorney General 
        or Acting Assistant Attorney General with authority for 
        implementing this Act.
    ``(m) Second and Subsequent Allocations.--
            ``(1) In general.--If a report is rejected under subsection 
        (l), the allocation parties shall select an allocator to 
        perform, on an expedited basis, a new allocation based on the 
        same record available to the previous allocator.
            ``(2) Moratorium and tolling.--The moratorium and tolling 
        provisions of subsection (c) shall be extended until the date 
        that is 180 days after the date of the issuance of any second 
        or subsequent allocation report under paragraph (1).
            ``(3) Same allocator.--The allocation parties may select 
        the same allocator who performed 1 or more previous allocations 
        at the facility, except that the Administrator may determine 
        that an allocator whose previous report at the same facility 
        has been rejected under subsection (l) is unqualified to serve.
    ``(n) Settlements Based on Allocations.--
            ``(1) Definition.--In this subsection, the term `all 
        settlements' includes any orphan share allocated under 
        subsection (h).
            ``(2) In general.--Unless an allocation report is rejected 
        under subsection (l), any allocation party at a mandatory 
allocation facility (including an allocation party whose allocated 
share is funded partially or fully by orphan share funding under 
subsection (h)) shall be entitled to resolve the liability of the party 
to the United States for response actions subject to allocation if, not 
later than 90 days after the date of issuance of a report by the 
allocator, the party--
                    ``(A) offers to settle with the United States based 
                on the allocated share specified by the allocator; and
                    ``(B) agrees to the other terms and conditions 
                stated in this subsection.
            ``(3) Settlement provisions.--Settlements based on 
        allocated shares shall include each of the following:
                    ``(A) A waiver of contribution rights against all 
                parties who are potentially responsible parties for the 
                response costs which are subject to the allocation, as 
                well as a waiver of any rights to challenge any 
                settlement the President enters into with any other 
                potentially responsible party.
                    ``(B) Covenants not to sue, consistent with section 
                122(f), and provisions regarding performance or 
                adequate assurance of performance of response actions 
                addressed in the settlement.
                    ``(C) A premium determined on a site specific basis 
                and subject to the limitations set forth in paragraph 
                (4)(A), that compensates for the United States 
                litigation risk with respect to potentially responsible 
                parties who have not resolved their liability to the 
                United States, except that--
                            ``(i) no such premium shall apply if all 
                        parties settle or the settlement covers 100 
                        percent of response costs; and
                            ``(ii) part of the premium amount shall be 
                        reimbursed in accordance with paragraph (4)(B) 
                        if the United States recovers costs as 
                        described in that paragraph.
                    ``(D) Contribution protection, consistent with 
                section 113(f), regarding matters addressed in the 
                settlement. Such settlement does not discharge any of 
                the other potentially responsible parties unless its 
                terms so provide, but it reduces the potential 
                liability of the others by the amount of the 
                settlement.
                    ``(E) Provisions through which the settling parties 
                shall receive reimbursement from the Fund for any 
                response costs which are subject to the allocation 
                incurred by such parties in excess of the aggregate of 
                their allocated share and any premia required by the 
                settlement. Such right to reimbursement shall not be 
                contingent on the United States recovery of response 
                costs from any responsible person not a party to any 
                settlement with the United States.
            ``(4) Premium provisions.--
                    ``(A) Premium limitations.--(i) The premium 
                authorized by paragraph (3)(C) for litigation risk 
                shall not exceed the following:
                            ``(I) Five percent of the total costs 
                        assumed by a settling party, where settlements 
                        (and any orphan share identified by the 
                        allocator) account for 80 percent or more of 
                        responsibility at the facility.
                            ``(II) Ten percent of the total costs 
                        assumed by a settling party, where settlements 
                        (and any orphan share identified by the 
                        allocator) account for more than 60 percent and 
                        less than 80 percent of responsibility at the 
                        facility.
                            ``(III) Fifteen percent of the total costs 
                        assumed by a settling party, where settlements 
                        (and any orphan share identified by the 
                        allocator) account for more than 40 percent and 
                        less than 60 percent of responsibility at the 
                        facility.
                            ``(IV) Twenty percent of the total costs 
                        assumed by a settling party, where settlements 
                        (and any orphan share identified by the 
                        allocator) account for 40 percent or less of 
                        responsibility at the facility.
                    ``(ii) The Administrator shall have authority to 
                promulgate regulations to modify the premia percentages 
                established in this subparagraph. The Administrator may 
                not propose a rule before the date 36 months after the 
                enactment of this section, and no such rule may take 
                effect before the date 48 months after the enactment of 
                this section. Such rule must be based upon an 
                administrative record establishing that such 
                modification is necessary to reflect actual experience 
                regarding the litigation risk faced by the United 
                States in proceeding against nonsettling parties under 
                this section.
                    ``(B) Premium reimbursement.--(i) In a case in 
                which an allocation party has entered into a settlement 
                under this subsection and has paid a premium in 
                accordance with the limitations in subparagraph (A), if 
                the total amount of response costs recovered by the 
                United States after the date of the settlement exceeds 
                the total amount that settlements (and any orphan share 
                identified by the allocator) accounted for in applying 
                the limitations in subparagraph (A), then the United 
                States shall reimburse part of the premium paid by the 
                allocation party in accordance with clause (ii).
                    ``(ii) The United States shall reimburse an 
                allocation party subject to clause (i) an amount equal 
                to one-half of the difference between--
                            ``(I) the premium actually paid by the 
                        allocation party; and
                            ``(II) the premium that would have been 
                        paid by the allocation party had the total 
                        amount of response costs recovered by the 
                        United States after the date of the settlement 
                        been used in applying the limitations in 
                        subparagraph (A).
            ``(5) Authorization of reimbursement.--In any settlement in 
        which a party agrees to perform response work in excess of its 
        share, the Administrator shall have authority to carry out the 
        Administrator's duty to reimburse settling parties under this 
        section pursuant to such reasonable procedures as the 
        Administrator may prescribe.
            ``(6) Reimbursement claims.--The Administrator shall 
        require all claims for reimbursement to be supported by--
                    ``(A) documentation of actual costs incurred; and
                    ``(B) sufficient information to enable the 
                Administrator to determine whether such costs were 
                reasonable.
            ``(7) Site-specific accounts.--If, as part of any 
        settlement agreement under this subsection, a potentially 
        responsible party will be paying amounts to the President for 
        carrying out any response action at a particular vessel or 
        facility, the President shall retain such amounts in specific 
        interest-bearing accounts, and use such amounts, together with 
        accrued interest, to conduct or enable other persons to conduct 
        the response action at the vessel or facility.
    ``(o) Post-Allocation Litigation.--
            ``(1) In general.--The United States may commence an action 
        under section 107 against any person liable under that section 
        who has not resolved its liability to the United States 
        following allocation, on or after 90 days following issuance of 
        the allocator's report. In any such action, such person shall 
        be liable in accordance with section 107 for all response costs 
        not recovered through settlements with other persons. Such 
        recoverable costs shall include any federally funded orphan 
        share identified in accordance with subsection (h), but shall 
        not include any shares allocated to Federal, State, or local 
        governmental agencies, departments, or instrumentalities. 
        Defendants in any such action may implead only allocation 
        parties who did not resolve their liability to the United 
        States. The Administrator and the Attorney General shall issue 
        guidelines to ensure that the relief sought against de minimis 
        parties under principles of joint and several liability will 
        not be grossly disproportionate to their contribution to the 
        facility. The application of such guidelines is committed to 
        the discretion of the Administrator and the Attorney General.
            ``(2) Certification.--In commencing any action under 
        section 107 following allocation, the Attorney General must 
        certify, in the complaint, that the United States has been 
        unable to reach a settlement that would be in the best 
        interests of the United States. This certification shall not be 
        subject to judicial review.
            ``(3) Defendants.--No person may commence an action under 
        section 107 or otherwise seek contribution for response costs 
        which are subject to the allocation against any person who was 
        not identified as an allocation party pursuant to subsection 
        (c) or subsequently identified as a potentially liable party.
            ``(4) Admissibility of allocator's report.--The allocator's 
        report shall not be admissible in any court for any purpose, 
        except as set forth in this section. The allocator's report, 
        subject to the rules and discretion of the court, may be 
        admissible solely for the purpose of assisting the court in 
        making an equitable allocation of response costs among the 
        relative shares of nonsettling liable parties.
            ``(5) Costs of allocation procedure on orphan share 
        included as costs of response.--The costs of implementing the 
        allocation procedure set forth in this section, including 
        reasonable fees and expenses of the allocator, shall be 
        considered necessary costs of response for purposes of this 
        Act.
            ``(6) Rejection of share determination.--In any action by 
        the United States under this title, if the United States has 
        rejected an offer of settlement that is consistent with 
        subsection (n) and that was presented to the United States 
        prior to the expiration of the moratorium period set forth in 
        subsection (b), the offeror shall be entitled to recover from 
        the United States the offeror's reasonable costs of defending 
        the action after the making of the offer (including reasonable 
        attorneys' fees) if the ultimate resolution of liability or 
        allocation of costs with respect to the offeror (taking into 
        account all settlements and reimbursements with respect to the 
        facility other than those attributable to insurance or 
        indemnification), is as, or more, favorable to the offeror than 
        the offer based on the allocation.
    ``(p) UAO Performance.--
            ``(1) Reimbursement.--Any allocation party who 
        satisfactorily performs work under an administrative order 
        issued under section 106(a) after the issuance of an allocation 
        report shall be entitled to the reasonable and necessary costs 
        of work in excess of their allocated share, provided that the 
        party--
                    ``(A) agrees not to contest liability for all 
                response costs not inconsistent with the National 
                Contingency Plan to the extent of the allocated share;
                    ``(B) agrees that its reimbursement shall be 
                reduced by an amount equal to the maximum litigation 
                risk premium provided for in subsection (n)(4) based on 
                the total allocated shares of the allocation parties 
                who have not reached settlements with the United States 
                by the end of the moratorium on commencement of actions 
                provided in subsection (b); and
                    ``(C) waives contribution rights against all 
                parties who are potentially responsible parties for the 
                response action, as well as waives any rights to 
                challenge any settlement the President enters into with 
                any other potentially responsible party.
            ``(2) Offset.--Any and all reimbursement provided to a 
        performing party for work in excess of its share is subject to 
        equitable offset or reduction by the Administrator upon a 
        finding of a failure to perform any aspect of the remedy in a 
        proper and timely manner.
            ``(3) Time of payment.--Any and all reimbursement to a 
        performing party for work in excess of its share shall be paid 
        after work is completed, but no sooner than completion of the 
        construction of the remedial action.
            ``(4) Reimbursement claims.--The Administrator shall 
        require that all claims for reimbursement be supported by--
                    ``(A) documentation of actual costs incurred; and
                    ``(B) sufficient information to enable the 
                Administrator to determine whether such costs were 
                reasonable.
            ``(5) Independent auditing.--The Administrator may require 
        independent auditing of any claim for reimbursement.
            ``(6) Bar.--An administrative order under section 106(a) 
        shall be in lieu of any action by the United States or any 
        other person against the allocation party for recovery of 
        response costs in connection with the response action, or for a 
        contribution toward the costs of the response action that is 
        subject to the allocation process under this section.
    ``(q) Funding of Orphan Shares.--
            ``(1) Limitation on obligations.--For each settlement 
        agreement entered into pursuant to subsection (n) that includes 
        an orphan share, and for each unilateral administrative order 
        where the person satisfies the requirements of subsection (p), 
        the United States shall reimburse the allocation parties, 
        including any Federal agency, for costs incurred and equitably 
        attributable to the orphan share. In no case shall the United 
        States obligate for such costs and interest determined under 
        paragraph (3) in excess of $__________ in any fiscal year, plus 
        any remaining unobligated balance of funds made available under 
        paragraph (2) from previous fiscal years. The mandate to the 
        United States to make obligations and payments under this 
        paragraph constitutes an entitlement to those parties eligible 
        to receive those payments.
            ``(2) Authorization.--There are authorized to be 
        appropriated from the Fund not to exceed $__________ per year 
        for fiscal year 1998 and each succeeding fiscal year for 
        payments required by paragraph (1), to remain available until 
        expended.
            ``(3) Amounts owed.--
                    ``(A) Delay if funds are unavailable.--If funds are 
                unavailable in any fiscal year to reimburse all 
                allocation parties pursuant to paragraph (1), the 
                Administrator may delay payment until funds are 
                available.
                    ``(B) Priority.--The priority for reimbursement 
                shall be based on the length of time that has passed 
                since the settlement between the United States and the 
                allocation parties pursuant to subsection (n).
                    ``(C) Payment from funds made available in 
                subsequent fiscal years.--Any amount due and owing in 
                excess of available appropriations in any fiscal year 
                shall be paid from amounts made available in subsequent 
                fiscal years, along with interest on the unpaid 
                balances at the rate equal to that of the current 
                average market yield on outstanding marketable 
                obligations of the United States with a maturity of 1 
                year.
    ``(r) Role of Federal Agencies.--Federal departments, agencies, or 
instrumentalities that are identified as potentially responsible 
parties shall be subject to, and be entitled to the benefits of, the 
allocation process provided by this section to the same extent as any 
other party, other than the receipt of orphan share funding under 
subsection (h).
    ``(s) Representative of the Fund.--The Administrator and the 
Attorney General shall participate in the allocation proceeding as a 
representative of the Fund.
    ``(t) Annual Report.--The President shall report annually to 
Congress on the administration of the allocation scheme under this 
section, and provide information comparing allocation results with 
actual settlements at multiparty facilities.
    ``(u) Savings Provisions.--(1) Nothing in this section shall in any 
way limit or affect the President's authority to exercise the powers 
conferred by section 103, 104, 105, 106, or 122 of this title, or to 
commence an action against a party where there is a contemporaneous 
filing of a judicial consent decree resolving that party's liability; 
or to file a proof of claim or take other action in a proceeding under 
title 11 of the United States Code.
    ``(2) The procedures established in this section shall not be 
construed to modify or affect in any way the principles of retroactive, 
strict, joint and several liability under this title.
    ``(3) Nothing in this section shall limit or affect--
            ``(A) the Administrator's obligation to perform an 
        allocation for facilities that have been the subject of partial 
        or expedited settlements;
            ``(B) the ability of a potentially responsible party at a 
        facility to resolve its liability to the United States or other 
        parties at any time before initiation or completion of the 
        allocation process;
            ``(C) the validity, enforceability, finality, or merits of 
        any judicial or administrative order, judgment, or decree that 
        is issued, signed, lodged, or entered with respect to liability 
        under this Act or that authorizes modification of any such 
        order, judgment or decree; or
            ``(D) the validity, enforceability, finality or merits of 
        any preexisting contract or agreement relating to any 
        allocation of responsibility or any sharing of response costs 
        under this Act.
    ``(v) Response Action Contractor.--A person who is potentially 
liable under this Act solely as a response action contractor with 
respect to a facility in accordance with section 119 shall not be named 
as an allocation party under this section with respect to that 
facility.''.

SEC. 204. RECYCLING TRANSACTIONS.

    (a) Purposes.--The purposes of this section are--
            (1) to promote the reuse and recycling of scrap material in 
        furtherance of the goals of waste minimization and natural 
        resource conservation while protecting human health and the 
        environment;
            (2) to level the playing field between the use of virgin 
        materials and recycled materials; and
            (3) to remove the disincentives and impediments to 
        recycling because of potential liability.
    (b) Clarification of Liability Under CERCLA for Recycling 
Transactions.--Title I is amended by adding after section 128 the 
following new section:

``SEC. 129. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--As provided in subsections (b), 
(c), (d) and (e), a person who arranged for the recycling of recyclable 
material shall not be liable under section 107(a)(3) or 107(a)(4).
    ``(b) Recyclable Material Defined.--For purposes of this section, 
the term `recyclable material' means scrap paper, scrap plastic, scrap 
glass, scrap textiles, scrap rubber (other than whole tires), scrap 
metal, or spent lead-acid, spent nickel-cadmium and other spent 
batteries, 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.
    ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles, 
or Rubber.--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:
            ``(1) The recyclable material met a commercial 
        specification grade.
            ``(2) A market existed for the recyclable material.
            ``(3) A substantial portion of the recyclable material was 
        made available for use as a feedstock for the manufacture of a 
        new saleable product.
            ``(4) 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.
            ``(5) For transactions occurring 90 days or more after the 
        date of 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.
            ``(6) For purposes of this subsection, `reasonable care' 
        shall be determined using criteria that include (but are not 
        limited to) (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. For the 
        purposes of this paragraph, a requirement to obtain a permit 
        applicable to the handling, processing, reclamation, or other 
        management activity associated with the recyclable materials 
        shall be deemed to be a substantive provision.
    ``(d) Transactions Involving Scrap Metal.--
            ``(1) 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 promulgates under the Solid Waste 
                Disposal Act subsequent to 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) 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) For the purposes of this subsection, the term `scrap 
        metal' means bits and pieces of metal parts (e.g. bars, 
        turnings, rods, sheets, wire) or metal pieces that may be 
        combined together with bolts or soldering (e.g. radiators, 
        scrap automobiles, 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 
        steel shipping containers of a capacity from 30 liters to and 
        including 3,000 liters, whether intact or not, having any 
        hazardous substance (but not metal bits or pieces) contained in 
        or adhering thereto.
    ``(e) Transactions Involving Batteries.--(1) 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) For purposes of paragraph (1)(A) of this subsection, 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, provided, however, that (A) 
for transactions occurring more than 90 days after the date of 
enactment of the Superfund Cleanup Acceleration and Liability Equity 
Act, such person exercised due diligence in determining that such third 
person was in compliance with all Federal, State, and local 
environmental laws and regulations applicable to the storage, 
transport, management, or other activities associated with the 
recycling of spent batteries; and (B) such person had no knowledge or 
reason to know of the release or threatened release.
    ``(f) Exclusions.--(1) The exemptions set forth in subsections (c), 
(d), and (e) shall not apply if--
            ``(A) the person had an objectively reasonable basis to 
        believe at the time of the recycling transaction--
                    ``(i) that the recyclable material would not be 
                recycled,
                    ``(ii) that the recyclable material would be burned 
                as fuel, or for energy recovery or incineration, or
                    ``(iii) for transactions occurring before 90 days 
                after the date of the enactment of this section, that 
                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; or
            ``(B) the person added hazardous substances to the 
        recyclable material for purposes other than processing for 
        recycling; or
            ``(C) the person failed to exercise reasonable care with 
        respect to the management and handling of the recyclable 
        material.
    ``(2) For purposes of this subsection, an objectively reasonable 
basis for belief shall be determined using criteria that include (but 
are not limited to) the size of the person's business, customary 
industry practices, 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) 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.
    ``(g) Effect on Other Liability.--Nothing in this section shall be 
deemed to affect the liability of a person under paragraph (1) or (2) 
of section 107(a).
    ``(h) PCBs.--An exemption under this section does not apply if the 
recyclable material contained polychlorinated biphenyls in excess of 50 
parts per million or any new standard promulgated pursuant to 
applicable Federal laws.
    ``(i) Regulations.--The Administrator has the authority, under 
section 115, to promulgate additional regulations concerning this 
section.
    ``(j) Effect on Pending or Concluded Actions.--The exemptions 
provided in this section shall not affect any concluded judicial or 
administrative action or any pending judicial action initiated by the 
United States prior to enactment of this section.
    ``(k) Liability for Attorney's Fees for Certain Actions.--Any 
person who commences an action for contribution against a person who is 
not liable by operation of this section shall be liable to that person 
for all reasonable costs of defending that action, including all 
reasonable attorney's and expert witness fees.
    ``(l) 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; or
            ``(2) the ability of the Administrator to promulgate 
        regulations under any other statute, including the Solid Waste 
        Disposal Act.''.

SEC. 205. RESPONSE ACTION CONTRACTORS INDEMNIFICATION.

    (a) Clarification of Response Action Contractor Liability.--Section 
119(a) (42 U.S.C. 9619(a)) is amended by inserting after paragraph (4) 
the following new paragraph:
            ``(5) Liability.--Any liability of a person under this Act 
        as a response action contractor arising solely from the 
        performance by such person of a response action contract at any 
        facility shall be determined solely in accordance with this 
        section with respect to such facility.''.
    (b) Implementation of Alternative or Innovative Technologies.--
Section 119(a) (42 U.S.C. 9619(a)) is further amended by adding at the 
end the following:
            ``(6) Implementation of alternative or innovative 
        technologies.--No response action contractor shall be liable 
        under this Act solely as a result of such contractor's testing 
        or implementation of alternative or innovative treatment 
        technologies (as defined in section 311(b)) or alternative or 
        innovative containment technologies with respect to a response 
        action if use of the technology in connection with the response 
        action has been approved by the authorized Federal regulatory 
        agency or State regulatory agency acting under a contract or 
        cooperative agreement with the Administrator pursuant to 
        section 127. This paragraph shall not apply in the case of 
        negligence, gross negligence, or intentional misconduct by such 
        contractor in implementing the approved technology, including 
        any noncompliance with the approved process for implementing 
        the technology.''.
    (c) Indemnification Clarification.--Section 119(c)(1) (42 U.S.C. 
9619(c)(1)) is amended by inserting ``under Federal, State, or common 
law'' after ``any liability''.
    (d) Indemnification for Threatened Releases.--Section 119(c)(5)(A) 
(42 U.S.C. 9619(c)(5)(A)) is amended by inserting ``or threatened 
release'' after ``release'' each place it appears.
    (e) Considerations.--Section 119(c) (42 U.S.C. 9619(c)) is amended 
by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), 
(7), (8), and (9), respectively, and by inserting after paragraph (4) 
the following new paragraph:
            ``(5) Considerations.--In exercising the President's 
        discretion under this subsection whether to provide an 
        indemnification agreement, the President should consider the 
        adequacy of competition in response to solicitations, the 
        availability of adequate insurance at a fair and reasonable 
        price (including consideration of premium, policy terms, 
        deductibles, policy coverage, limits, and renewal terms), 
        applicable statutes of limitation that may apply to 
actions against response action contractors, and any other factors the 
President considers relevant.''.
    (f) Extension.--Section 119 (42 U.S.C. 9619) is amended--
            (1) in subsection (e)(2)(C) by striking ``1996'' and 
        inserting ``2000''; and
            (2) in subsection (g)(5) by striking ``1995'' and inserting 
        ``1999''.

          TITLE III--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

SEC. 301. DEFINITIONS.

    Section 117 (42 U.S.C. 9617) is amended by adding the following at 
the end thereof:
    ``(f) Definitions.--
            ``(1) Covered facility.--The term `covered facility' means 
        a facility--
                    ``(A) that has been listed or proposed for listing 
                on the National Priorities List; or
                    ``(B) at which the Administrator is undertaking an 
                action anticipated to exceed 1 year or the funding 
                limit under section 104 of this Act is anticipated to 
                be reached.
            ``(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 the 
        release or threatened release of hazardous substances, 
        pollutants, or contaminants at a covered facility.''.

SEC. 302. PUBLIC PARTICIPATION.

    (a) TAG Grants.--Section 117(e) (42 U.S.C. 9617(e)) is amended to 
read as follows:
    ``(e) Grants for Technical Assistance.--
            ``(1) Authority.--In accordance with the rules promulgated 
        by the Administrator, the Administrator may make grants 
        available to any Community Advisory Group or affected 
        community. Such grants shall be known as Technical Assistance 
        Grants (`TAGs').
            ``(2) Special rules.--No matching contribution shall be 
        required for a Technical Assistance Grant. The Administrator 
        may make the lesser of $5,000 or 10 percent of the total grant 
        amount available to the grant recipient, in advance of the 
        expenditures to be covered by the grant.
            ``(3) Grant availability.--The Administrator shall promptly 
        notify residents and Indian tribes living near a covered 
        facility that a technical assistance grant is available under 
        this section.
            ``(4) Number of tags per facility.--Except as provided in 
        this paragraph, not more than one grant may be made at a time 
        under this subsection with respect to a single covered 
        facility, but the grant may be renewed to facilitate public 
        participation at all stages of response action. Limits shall be 
        established with respect to the number of years for which 
        grants may be available based on the duration, type, and extent 
        of response activity at a facility. The Administrator may 
        provide more than one grant under this subsection with respect 
        to a single covered facility, considering such factors as the 
        area affected by the facility and the distances between 
        affected communities.
            ``(5) Funding amount.--The initial amount of any grant 
        under this subsection may not exceed $50,000 for a single grant 
        recipient. Except that, the Administrator may increase the 
        amount of the grant if the grant recipient demonstrates that 
        the covered facility's characteristics indicate additional 
        funds are necessary due to the complexity of the response 
        action, including the size and complexity of the facility, or 
        nature or volume of site-related information. In addition, the 
        Administrator must find that the grant recipient's management 
        of a previous grant award, if any, was satisfactory, and the 
        costs incurred under the award are 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 the TAG grants and, within 180 days 
        after the enactment of this section, revise, as appropriate, 
        such guidelines and procedures to simplify the process of 
        obtaining such grants.
            ``(7) Authorized grant activities.--
                    ``(A) Interpretation of information.--Grants 
                awarded under this subsection may be used to obtain 
                technical assistance in interpreting information and 
                providing input with regard to (i) the nature of the 
                hazard at a facility; (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) removal activities at 
                such facility; or (viii) health assessment or related 
                health activity.
                    ``(B) Additional activities.--Grants awarded under 
                this section also may be used (i) to obtain technical 
                assistance in interpreting information used to rank 
                facilities according to the Hazard Ranking System, (ii) 
                to hire health experts to advise affected residents on 
                health assessment and data gathering efforts and 
                response activities, and on the design of any health 
                studies that a government agency performs, (iii) to 
                hire technical experts to file comments with 
                governmental agencies and generate other documents as 
                necessary to ensure full participation by the grant 
                recipient, (iv) to publish newsletters or otherwise 
                finance the dissemination of information to other 
                members of the community, and (v) to evaluate the 
                reliability of long-term operation and maintenance and 
                institutional controls. In addition, not more than 10 
                percent of the amount of a technical assistance grant 
                under this section may be used for training, hiring of 
                neutral professionals to facilitate deliberations and 
                consensus efforts or hiring community liaisons to 
potentially responsible parties and government agencies.
            ``(8) Non-site-specific grants.--In accordance with the 
        rules promulgated by the Administrator, the Administrator may 
        make Technical Assistance Grant funds available to Indian 
        tribes, nonprofit organizations, and citizens groups to enhance 
        their participation in rulemaking processes carried out in 
        accordance with this Act. Total funding for all such grants 
        shall not exceed $100,000.''.
    (b) Improving Citizen and Community Participation.--(1) Such 
section 117 is amended by redesignating paragraphs (1) and (2) of 
subsection (a) as subparagraphs (A) and (B), by striking ``under 
paragraph (1)'' in such subsection (a) and inserting ``under 
subparagraph (A)'', by redesignating such subsection (a) as paragraph 
(4), by redesignating subsections (b) and (c) as paragraphs (6) and (7) 
of subsection (a), and by inserting the following immediately after the 
section heading:
    ``(a) Improving Citizen and Community Participation in 
Decisionmaking.--
            ``(1) In general.--In order to provide an opportunity for 
        meaningful public participation in every significant phase of 
        response activities under this Act, 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 disseminate information to 
        the community concerning the President's facility activities 
        and pending decisions.
            ``(2) Health assessment and preliminary assessment and site 
        inspection.--The President shall provide the opportunity for 
        public meetings and publish a notice of such meetings before or 
        during performance of the health assessment or related health 
        activity and the preliminary assessment and site inspection, as 
        appropriate. Where the President determines a meeting is not 
        appropriate at the preliminary assessment and site inspection 
        stage, the President shall provide adequate public notice of 
        that decision. To the extent practicable, before or during the 
        health assessment or related health activity and 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 local health officials. The evaluation 
        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.--The 
        President shall provide the opportunity for public meetings and 
        publish a notice of such meetings before or during the Remedial 
        Investigation and Feasibility Study (RI/FS). 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 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) Such section 117, as amended by this subsection, is amended by 
adding the following new paragraph after paragraph (4) of subsection 
(a):
            ``(5) Completion of work plan.--The President shall provide 
        the 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.''.
    (3) Such section 117, as amended by this subsection, is amended by 
adding the following new paragraphs after paragraphs (6) and (7):
            ``(8) Alternatives.--Pursuant to paragraph (4), members of 
        the Community Advisory Group, if any, affected Indian Tribes, 
        the affected community, local government officials and local 
        health officials may propose remedial alternatives to the 
        President, and the President shall consider such alternatives 
        in the same manner as the President considers alternatives 
        proposed by other parties.
            ``(9) Selecting appropriate procedures.--In determining 
        which of the procedures set forth in paragraph (2) may be 
        appropriate, the Administrator may consult with the Community 
        Advisory Group, if any, affected Indian Tribe, the affected 
        community, local government officials and local health 
        officials.
            ``(10) Providing information.--The President shall provide 
        information to the Community Advisory Group, if any, affected 
Indian Tribes, the affected community, local government officials and 
local health officials throughout all significant phases of the 
response action at the facility. The President, on a regular basis, 
shall inform such entities of the progress and substance of technical 
meetings between the lead agency and potentially responsible parties 
regarding a covered facility. The President shall notify the Community 
Advisory Group, if any, affected Indian Tribes, the affected community, 
local government officials and local health officials concerning--
                    ``(A) the schedule for commencement of construction 
                activities at the covered facility and the location and 
                availability of construction plans;
                    ``(B) the results of any review under section 
                121(c) and any modifications to the covered facility 
                made as a result of the review; and
                    ``(C) the execution of and any revisions to 
                institutional controls being used as part of a remedial 
                action.''.
    (4) Such section 117 is amended by striking ``major'' in subsection 
(d).
    (5) Such section 117 is amended by adding the following new 
subsection after subsection (a), as amended by this section:
    ``(b) Additional Public Involvement Requirements.--(1) The 
President shall make records relating to the facility available to the 
public throughout all phases of response action at the facility. Such 
information shall be made available to the public for inspection and 
copying without the need to file a formal request subject to reasonable 
service charges as appropriate. This paragraph shall not apply to a 
record that is exempt from disclosure under section 552 of title 5, 
United States Code, or to any record that is exchanged between parties 
to a dispute under this Act for the purposes of settling the dispute.
    ``(2) 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.
    ``(3) Notwithstanding any other provision of this subsection, in 
the case of a removal action taken in accordance with section 104 which 
is expected to extend beyond 180 days, the President shall comply with 
the requirements of this section unless the President determines that 
such compliance presents an imminent and substantial endangerment to 
human health or the environment. Whenever the planning period for a 
removal action is expected to be greater than 180 days, the 
Administrator shall provide the Community Advisory Group, if any, 
affected Indian Tribes, the affected community, local government 
officials and local health officials with notice of the anticipated 
removal action and a public comment period of no less than 30 days.''.
    (6) Such section 117 is amended by adding the following new 
subsection after subsection (e):
    ``(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. 303. COMMUNITY ADVISORY GROUPS.

    Section 117 (42 U.S.C. 9617) is amended by adding after subsection 
(h) the following:
    ``(i) Community Advisory Groups.--
            ``(1) Creation and responsibilities.--The President shall 
        provide the opportunity for the establishment of a 
        representative public forum, known as a Community Advisory 
        Group (CAG), 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) 10 individuals residing in or at 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 less, 
                petition for a Community Advisory Group to be 
                established.
            ``(2) Duties.--Each Community Advisory Group shall provide 
        information and views to the President, and, as appropriate, 
        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. The information and views reported shall include the 
        various subjects related to facility remediation, including 
        facility health studies, potential remedial alternatives, and 
        selection and implementation of remedial and removal actions. 
        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 allow the 
        presentation of divergent views.
            ``(3) Land use recommendations.--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 future 
        use of land at the facility and any institutional controls 
        required to assure that land use restrictions remain in effect. 
        The Community Advisory Group may offer recommendations on the 
        reasonably anticipated future use of land at the facility to 
        the Administrator at any time prior to the selection of a 
        remedy at the facility. The land use recommendation shall 
        consider at a minimum, applicable comprehensive land use plans 
        and the other factors for determining future land use set forth 
        in section 121(b)(2)(B).
            ``(4) Community advisory group members.--Members shall 
        serve on the Community Advisory Group without pay. 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. 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. Local residents shall comprise a 
        majority of the total membership of the CAG. At least one 
        person in this group shall represent the Technical Assistance 
        Grant recipient if such a grant has been awarded under 
        subsection (e). To the extent possible, the President shall 
        ensure that members of the following groups are represented on 
        a CAG:
                    ``(A) Persons residing or owning residential 
                property near the facility or persons who may be 
                directly affected by the releases from the facility.
                    ``(B) Persons who, although not residing or owning 
                property near the facility, may be potentially affected 
                by releases from the facility.
                    ``(C) Local medical community practicing in the 
                community.
                    ``(D) Members of local Indian tribes or Indian 
                communities.
                    ``(E) Local citizen, civic, environmental, or 
                public interest groups with members residing in the 
                community.
                    ``(F) Current and former employees of the facility 
                during facility operation.
                    ``(G) Local business community.
            ``(5) FACA.--The Federal Advisory Committee Act shall not 
        apply to a CAG established under this Act or ATSDR Community 
        Advisory Panels.
            ``(6) Technical and administrative support for community 
        advisory groups.--The President may provide administrative 
        support for Community Advisory Groups.
            ``(7) Additional participants.--The Administrator of 
        Environmental Protection Agency, the Administrator of the 
        Agency for Toxic Substances and Disease Registry and the State, 
        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), and any other 
        governmental unit which directly regulates land use in the 
        immediate vicinity of the facility, as appropriate; and 
        facility owners and local representatives of the Potentially 
Responsible Parties (PRPs), who represent, wherever practicable, a 
balance of PRP interests, may participate in Community Advisory Group 
meetings to provide information and technical expertise, but shall not 
be members of the Community Advisory Group.
            ``(8) Other public involvement.--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. Nothing in this 
        section shall affect the status of any Citizen Advisory Group 
        formed before the enactment of this subsection. Nothing in this 
        section shall affect the status, decisions, or future formation 
        of any Department of Defense Restoration Advisory Board, 
        Department of Energy Site Specific Advisory Board, and no 
        Citizen Advisory Group must be established for a facility if 
        any such Board has been established for the facility.
    ``(j) Community Study.--
            ``(1) Report by the administrator.--The Administrator shall 
        prepare and submit to Congress a Community Study two years 
        after the date of enactment of the Superfund Cleanup 
        Acceleration and Liability Equity Act, shall periodically 
        update the study. The Administrator shall ensure that copies of 
        such studies are made available to the public.
            ``(2) Content of the report.--The Administrator's report 
        shall include an analysis of the speed of listing; the speed 
        and nature of response action; the degree to which public views 
        are reflected in response actions; future land use 
        determinations and use of institutional controls; and the 
        population, race, ethnicity, and income characteristics of each 
        community affected by each facility listed or proposed for 
        listing on the National Priorities List.
            ``(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 the necessary improvements or modifications to 
        address any deficiencies identified by the study prepared under 
        this section.''.

SEC. 304. TECHNICAL OUTREACH SERVICES FOR COMMUNITIES.

    Section 311(d)(2) (42 U.S.C. 9660(d)(2)) is amended to read as 
follows:
            ``(2) Responsibilities of centers.--The responsibilities of 
        a hazardous substance research center under this subsection 
        shall include--
                    ``(A) the conduct of research and training relating 
                to the disposal and management of hazardous substances 
                and publication and dissemination of the results of the 
                research; and
                    ``(B) the conduct of a program to provide 
                educational and technical assistance to communities 
                affected by contamination.''.

SEC. 305. RECRUITMENT AND TRAINING PROGRAM.

    Section 117 (42 U.S.C. 9617) is amended by adding after subsection 
(j) the following:
    ``(k) Recruitment and Training Program.--
            ``(1) In general.--The Administrator, in consultation with 
        the National Institute of Environmental Health Studies, shall 
        conduct a program to assist in the recruitment and training of 
        individuals in an affected community for employment in response 
        activities conducted at the facility concerned.
            ``(2) Recruitment, training, and employment.--The 
        Administrator shall encourage a person conducting a response 
        action under this Act to train and employ persons from the 
        affected community in remediation skills.''.

SEC. 306. FACILITY SCORING.

    Section 105 (42 U.S.C. 9605) is amended by adding the following at 
the end thereof:
    ``(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 NPL listing and scoring, and shall be 
evaluated for listing within 2 years after the date of enactment of 
this subsection.''.

SEC. 307. GRANT PROGRAM.

    (a) Grant Program.--Title III (42 U.S.C. 9651 et seq.) is amended 
by inserting after section 311 the following new section:

``SEC. 311A. GRANT PROGRAM.

    ``(a) Grant Purposes.--Grants from the Fund for the training and 
education of workers who are or may be engaged in activities related to 
hazardous waste removal or containment or emergency response may be 
made under this section.
    ``(b) Administration.--Grants from the Fund under this section 
shall be administered by the National Institute of Environmental Health 
Sciences.
    ``(c) Grant Recipients.--Grants from the Fund shall be awarded to 
nonprofit organizations which demonstrate experience in implementing 
and operating worker health and safety training and education programs 
and demonstrate the ability to reach and involve in training programs 
target populations of workers who are or may be engaged in hazardous 
waste removal or containment or emergency response operations. Of the 
amount authorized in section 111, 20 percent of the funds shall be 
allocated to such nonprofit organizations for training of minority and 
other community-based workers who are or may be directly engaged in 
hazardous waste removal or containment or emergency response 
operations.''.
    (b) Authorization of Funds for Grants.--Section 111(c)(12) (42 
U.S.C. 9611(c)(12)) is amended by striking out ``do not exceed'' and 
all that follows through the end of the paragraph and inserting in lieu 
thereof the following: ``do not exceed $40,000,000 for each of the 
fiscal years 1999, 2000, 2001, 2002, and 2003.''.

                        Subtitle B--Human Health

SEC. 311. DISEASE REGISTRY AND HEALTH CARE PROVIDERS.

    Section 104 (42 U.S.C. 9604) is amended as follows:
            (1) In subsection (b), by adding the following new 
        paragraph at the end thereof:
    ``(3) Notice to health authorities.--The President shall notify 
State and local public health authorities and Tribal health officials 
whenever the President has reason to believe that a release of a 
hazardous substance, pollutant, or contaminant has occurred, is 
occurring, or is about to occur or that there is a threat of such a 
release.''.
            (2) In subparagraph (E) of paragraph (1) of subsection (i), 
        by striking ``admission to hospitals and other facilities and 
        services operated or provided by the Public Health Service'' 
        and inserting ``referral to health care providers''.
            (3) Paragraph (6)(A) of subsection (i) is amended to read 
        as follows:
    ``(A)(i) The Administrator of ATSDR shall perform a health 
assessment or related health activity (including biomedical testing, 
clinical evaluations, medical monitoring, and referral to accredited 
health care providers) at a minimum, for each facility listed or 
proposed for listing on the National Priorities List established under 
section 105, including a facility owned or operated by a department, 
agency, or instrumentality of the United States. Such health assessment 
or related health activity shall be completed for each facility listed 
or proposed for listing on the National Priorities List not later than 
1 year after the date of proposal for inclusion on such list for each 
facility.
    ``(ii) The Administrator of the Environmental Protection Agency and 
the Administrator of ATSDR shall develop strategies, in consultation 
with State, Tribal, and local health officials, to obtain relevant on-
site and off-site characterization data, taking into account the needs 
and conditions of the affected community.
    ``(iii) The Administrator of the Environmental Protection Agency 
shall, to the maximum extent practicable, provide the Administrator of 
ATSDR with the data and information necessary to make a public health 
determination in a timely manner to allow the Administrator of ATSDR to 
complete the assessment.
    ``(iv)(I) If appropriate, the Administrator of ATSDR shall provide 
recommendations for sampling environmental media to the Administrator 
of the Environmental Protection Agency as soon as practicable after 
discovering a release or threat of release of a hazardous substance or 
pollutant or contaminant at a facility.
    ``(II) To the maximum extent practicable, the Administrator of the 
Environmental Protection Agency shall incorporate the recommendations 
into the facility investigation activities.''.
            (4) Subparagraph (F) of paragraph (6) of subsection (i) is 
        amended to read as follows:
    ``(F) For the purposes of this subsection and section 111(c)(4), 
the term `health assessments' shall include preliminary assessments of 
the potential risk to human health, including children and other highly 
susceptible populations, posed by individual sites and facilities, 
based on such factors as the nature and extent of contamination, the 
past, present, or future existence of potential pathways of human 
exposure and the community's historic exposure to site-related and non-
site-related sources (including ground or surface water contamination, 
air emissions, and food chain contamination), the size and potential 
susceptibility of the community within the likely pathways of exposure, 
the comparison of expected human exposure levels to the short-term and 
long-term health effects associated with identified hazardous 
substances and any available recommended exposure or tolerance limits 
for such hazardous substances, and the comparison of existing morbidity 
and mortality data on diseases that may be associated with the observed 
levels of exposure.''.
            (5) In paragraph (14) of subsection (i), by striking 
        ``distribute to the States, and upon request to medical 
        colleges, physicians, and'' and inserting the following: 
        ``distribute to the States, including State health departments, 
Tribal health officials, and upon request to medical colleges, local 
health departments, medical centers, physicians, nursing institutions, 
nurses, and'', by inserting ``(A)'' after ``(14)'', and by adding the 
following at the end thereof:
    ``(B) The Administrator of ATSDR shall also 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.''.

SEC. 312. SUBSTANCE PROFILES.

    Section 104(i)(3) (42 U.S.C. 9604(i)(3)) is amended as follows:
            (1) By inserting ``(A)'' after ``(3)''.
            (2) By redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively.
            (3) By striking out the matter beginning with ``Any 
        toxicological profile or revision thereof'' and all that 
        follows through the end of such paragraph and inserting in lieu 
        thereof 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 National Priorities List facilities and non-National 
Priorities List facilities 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.''.

SEC. 313. HEALTH STUDIES.

    (a) Human Health Study.--Subparagraph (A) of section 104(i)(7) (42 
U.S.C. 9604(i)(7)) is amended to read as follows: ``(A) Whenever in the 
judgment of the Administrator of ATSDR it is appropriate on the basis 
of the results of a health assessment or related health activity 
indicating a threat of exposure to a hazardous substance at levels 
exceeding the protective level under the hazard ranking system, 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.''.
    (b) Research Program.--Section 104(i)(5)(A) (42 U.S.C. 
9604(i)(5)(A)) is amended as follows:
            (1) By inserting after ``program of research'' the 
        following: ``conducted directly or by such means as cooperative 
        agreements and grants with appropriate public and nonprofit 
        institutions. The program shall be''.
            (2) In the last sentence--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) by redesignating clause (iv) as clause (v); and
                    (C) by inserting after clause (iii) the following:
                            ``(iv) laboratory and other studies that 
                        can lead to the development of innovative 
                        techniques for predicting organ-specific, 
                        tissue-specific, and system-specific acute and 
                        chronic toxicity; and''.

SEC. 314. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES.

    Section 104(i)(15) (42 U.S.C. 6904(i)(15)) is amended as follows:
            (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), Indian Tribes, 
        other appropriate public authorities, public or private 
        institutions, colleges, universities (including historically 
        black colleges and universities)''.
            (3) By adding at the end the following new subparagraph:
    ``(B) The Administrator of the Agency for Toxic Substances and 
Disease Registry, pursuant to the grants, cooperative agreements and 
contracts referred to in this paragraph, is authorized to facilitate, 
where appropriate, the provision of health services to communities 
affected by the release of hazardous substances. Such health services 
may include diagnostic services, testing, health data registries, and 
preventative public health education.''.

SEC. 315. INDIAN HEALTH PROVISIONS.

    Section 104(i) (42 U.S.C. 9406(i)) is amended as follows:
            (1) In paragraph (1)--
                    (A) by inserting ``the Indian Health Service'' 
                after ``the Secretary of Transportation'';
                    (B) by inserting ``and tribal'' after ``and 
                local'';
                    (C) in subparagraph (A) by inserting ``and Indian 
                tribes'' after ``the States''; and
                    (D) in subparagraph (C) by inserting ``Indian 
                tribes'' after ``States,''.
            (2) In paragraph (4) by--
                    (A) striking ``State officials and local 
                officials'' and inserting ``State, tribal, and local 
                officials''; and
                    (B) inserting in the second sentence ``or Indian 
                tribes'' after ``States''.
            (3) In paragraph (5)(A) by inserting ``and the Indian 
        Health Service'' after ``Public Health Service''.
            (4) In paragraph (6)(C) by inserting ``where low population 
        density is not used as an excluding risk factor'' after 
        ``health appears highest''.
            (5) In paragraph (6)(E)--
                    (A) by inserting ``Indian tribe'' after ``Any''; 
                and
                    (B) by inserting at the end of the subparagraph the 
                following: ``If the ATSDR or the Administrator of the 
                Environmental Protection Agency does not act on the 
                recommendations of the State or Indian tribe, then the 
                Administrators must respond in writing to the State or 
                tribe why they have not acted on the 
                recommendations.''.
            (6) In paragraph (6)(F) by striking ``and'' after 
        ``emissions,'' and inserting ``and any other pathways resulting 
        from subsistence activities'' after ``contamination''.
            (7) In paragraph (6)(G) by striking the period at the end 
        of the last sentence and inserting the following: ``and 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.''.
            (8) In paragraph (10)--
                    (A) by striking ``and'' at the end of subparagraph 
                (D);
                    (B) by striking the period at the end of 
                subparagraph (E) and inserting ``; and''; and
                    (C) by inserting after revised subparagraph (E) the 
                following new subparagraph:
                    ``(F) and the health impacts from pollutants, 
                contaminants, and hazardous substances on Indian tribes 
                from covered facilities.''.

SEC. 316. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS.

    Section 121(c) (42 U.S.C. 9621(c)) is amended in the first sentence 
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),''.

                     Subtitle C--General Provisions

SEC. 321. TRANSITION.

    (a) Effective Date.--Except as provided in subsection (b), this 
title and the amendments made by this title shall become effective upon 
the date of enactment of this Act.
    (b) Special Rule.--The requirements of paragraphs (2), (3), (5), 
and (8) of section 117(a) and paragraph (1) of section 117(f) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as added by sections 301 and 302, shall become effective 180 
days after the date of enactment of this Act.

                   TITLE IV--NATURAL RESOURCE DAMAGES

SEC. 401. USE OF NATURAL RESOURCE DAMAGES FUNDS.

    Section 107(f) (42 U.S.C. 9607(f)) is amended--
            (1) by striking ``(f)(1)'' and all that follows through the 
        end of paragraph (1) and inserting the following:
    ``(f) Use of Natural Resource Damages Funds.--
            ``(1) In general.--Sums recovered by the United States 
        Government as trustee under this subsection shall be retained 
        by the trustee, without further appropriation, for use only for 
        reasonable restoration measures for such natural resources. 
        Sums recovered by a State or Indian tribe as trustee under this 
        subsection shall be available for use only for reasonable 
        restoration measures for such natural resources by the State or 
        Indian tribe.''; and
            (2) by indenting the left margins of paragraph (2) so as to 
        be appropriately aligned under paragraph (1).

SEC. 402. LEAD TRUSTEE; BUNDLING OF CLAIMS; POTENTIALLY RESPONSIBLE 
              PARTY STATUS.

    Section 107(f)(2) (42 U.S.C. 9607(f)(2)) is amended by adding at 
the end the following new subparagraph:
            ``(D) Lead trustee.--(i) In a case where more than one 
        Federal, State, or tribal trustee has cause to conduct a 
        natural resource damage assessment, the trustees shall 
        designate a lead administrative trustee at the site. Such 
        designation shall be done not later than 180 days after first 
        notice to the responsible parties that a natural resource 
        damage assessment will be made. Failure by a trustee to 
participate in the designation of a lead trustee shall preclude the 
trustee from seeking costs for natural resource damages from a 
responsible party.
            ``(ii) The lead administrative trustee shall bear the 
        responsibility of coordinating input of other trustees in 
        assessing damages to the natural resources and developing and 
        implementing any restoration plan.
            ``(iii) In the event that a natural resource damage 
        assessment results in the filing of a claim under this 
        subsection, such claim will represent the interests of all 
        trustees associated with the assessment. Each trustee shall act 
        as plaintiff for resources identified in the assessment where 
        exclusive ownership or management of such resources can be 
        demonstrated.
            ``(iv) Where a Federal, State, or tribal trustee is a 
        liable party under this section where natural resources have 
        been injured, destroyed, or lost, such trustee shall not be 
        designated the lead administrative trustee under this 
        subsection.''.

SEC. 403. USE OF MEDIATION.

    Section 122(f) (42 U.S.C. 9622(f)) is amended by adding at the end 
the following new paragraph:
            ``(7) Use of mediation.--Any Federal natural resource 
        trustee, State natural resource trustee, or Indian tribe 
        seeking damages for injury to, destruction of, or loss of 
        natural resources in accordance with subsections (a) and (f) of 
        section 107 shall initiate mediation for such claim with any 
        potentially responsible parties by means of the mediation 
        procedure or other alternative dispute resolution method 
        recognized by the district court in which the action is filed. 
        Such mediation shall be initiated not later than 120 days after 
        the filing of such action. Such 120-day period may be extended 
        upon agreement of all parties.''.

SEC. 404. TRANSITION RULES.

    The amendments made by this title shall not apply to any action to 
recover natural resource damages under section 107(f) that was filed in 
the appropriate district court before October 28, 1997.

SEC. 405. LOST-USE AND NONUSE DAMAGES AND CONTINGENT VALUATION 
              METHODOLOGY.

    Section 107(f) (42 U.S.C. 9607(f)) is amended by adding at the end 
the following new paragraph:
            ``(3) Damages.--
                    ``(A) Measure of damages.--The measure of damages 
                in any action under this subsection shall be limited to 
                the reasonable costs of--
                            ``(i) assessing such damages;
                            ``(ii) restoring such resources; and
                            ``(iii) the lost-use of such resources 
                        occurring after December 11, 1980.
                    ``(B) Nonuse values.--There shall be no recovery 
                under this Act for any impairment of nonuse values as a 
                separate compensable damage.
                    ``(C) Contingent valuation methodology.--Contingent 
                valuation methodology and other economic polling 
                techniques shall not be used to value either lost 
                natural resource services or any particular restoration 
                alternative.''.

SEC. 406. RESTORATION GOAL AND ALTERNATIVES.

    Section 107(f) (42 U.S.C. 9607(f)) is further amended by adding at 
the end the following new paragraph:
            ``(4) Restoration alternatives.--
                    ``(A) Goal.--An injury to, destruction of, or loss 
                of natural resources, for the purposes of evaluating 
                damages and identifying restoration alternatives under 
                this subsection or section 106, shall mean a measurable 
                adverse change in a population or community of 
                organisms that exceeds the natural variability of the 
                population or community of organisms to an ecologically 
                significant degree, as a result of a release of a 
                hazardous substance. The goal of any restoration shall 
                be to restore injured natural resources to their 
                baseline condition for the reasonably anticipated use 
                of the natural resources as measured by the consumptive 
                and nonconsumptive services provided by such resources.
                    ``(B) Restoration of special resources.--(i) The 
                goal of restoration of a damaged biological resource 
                that is located within a federally designated national 
                park, wilderness area, or marine sanctuary shall be to 
                return populations of such resource to the baseline 
                condition.
                    ``(ii) If a species is listed as threatened or 
                endangered under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.), impacts to individual plants or 
                animals shall be considered to be impacts to 
                populations or communities of organisms.
                    ``(C) Selection of alternatives.--Any Federal 
                natural resource trustee, State natural resource 
trustee, or Indian tribe selecting a restoration alternative to attain 
the goal of this paragraph shall select measures that--
                            ``(i) are technically feasible;
                            ``(ii) are cost-effective;
                            ``(iii) are consistent with response 
                        actions; and
                            ``(iv) are timely, to the extent consistent 
                        with clauses (i), (ii), and (iii).
                    ``(D) Natural recovery.--Natural recovery shall be 
                considered as a restoration alternative on an equal 
                basis with other measures, where natural recovery will 
                result in the restoration of services within a time 
                frame that is reasonable compared to the time by which 
                more active measures would result in attainment of the 
                restoration goal in subparagraph (A).
                    ``(E) Replacement.--With the concurrence of the 
                affected trustees, any restoration alternative selected 
                in accordance with subparagraph (B) may include 
                temporary or permanent replacement of the services, or 
                some portion thereof, which would otherwise have been 
                provided by the injured natural resources.''.

SEC. 407. DOUBLE RECOVERY.

    Section 107(f)(4), as added by section 406, is amended by adding at 
the end the following new subparagraph:
                    ``(F) Double recovery.--There shall be no double 
                recovery by a Federal, State, or tribal trustee or 
                trustees under this Act or any other law for natural 
                resource damages, including the costs of damage 
                assessment or restoration, replacement or acquisition 
                for the same injury, destruction, or loss of a natural 
                resource.''.

SEC. 408. CAUSATION.

    Section 107(f) (42 U.S.C. 9607(f)) is further amended by adding at 
the end the following new paragraph:
            ``(5) Causation.--A trustee may recover natural resource 
        damages from a defendant only if the damage assessment 
        demonstrates that the hazardous substance release or releases 
        for which the defendant is legally responsible were a cause of 
        any alleged natural resource injuries that deviate from the 
        baseline condition. For purposes of this paragraph, the term 
        `cause' shall be construed in accordance with the Restatement 
        Second of Torts as in effect on the date of the enactment of 
        this paragraph.''.

SEC. 409. DEFINITIONS.

    Section 101 (42 U.S.C. 9601) is amended--
            (1) in paragraph (21), by striking ``or any interstate 
        body'' and inserting ``Indian tribe, or any interstate body, 
        except that no Indian tribe shall be required to share payment 
        of future operation and maintenance costs associated with a 
        site under section 104''; and
            (2) by adding at the end the following new paragraphs:
            ``(39) The term `baseline' means the condition or 
        conditions that would have existed at a natural resource had a 
        release of hazardous substances not occurred.
            ``(40) The term `consumptive services' means the use of a 
        natural resource by the public that includes activities such as 
        fishing and trapping in which resources are harvested.
            ``(41) The term `nonconsumptive services' means the 
        physical use of the resource by the public in a manner that 
        does not reduce the stock of the resource. Such uses include 
        activities related to visitation, such as hiking, wildlife 
        viewing, and photography, as well as ecological services such 
        as flood control and filtration.''.

                          TITLE V--STATE ROLE

SEC. 501. CONTRACTS OR COOPERATIVE AGREEMENTS WITH STATES.

    Title I is amended by adding after section 129 the following new 
section:

``SEC. 130. CONTRACTS OR COOPERATIVE AGREEMENTS WITH STATES.

    ``(a) In General.--
            ``(1) Application for authority to take preremedial action 
        at non-npl facilities.--A State may apply to the Administrator 
        to take or require preremedial actions (including removal 
        actions) under a contract or cooperative agreement as provided 
        in this section at any non-federally owned or operated facility 
        within the boundaries of the State that is not listed on the 
        National Priorities List (NPL).
            ``(2) Application for authority to take response action at 
        npl facilities.--A State may apply to the Administrator to take 
        or require response actions, including selection and 
        enforcement of remedial actions and use of allocation 
        procedures under section 128, under a contract or cooperative 
        agreement as provided in this section at any non-federally 
        owned or operated facility within the boundaries of the State 
that is listed on the National Priorities List (NPL) or to take or 
require removal actions at any facility proposed for listing on the 
National Priorities List.
            ``(3) Approval of application.--The Administrator shall 
        enter into a contract or cooperative agreement under this 
        section if the Administrator determines that the State--
                    ``(A) meets the qualification requirements set 
                forth in the regulations promulgated pursuant to 
                subsection (b); and
                    ``(B) with respect to authority to select remedial 
                actions and use allocation procedures, meets the 
                qualification requirements set forth in subsection (c).
    ``(b) Regulations.--The Administrator, in consultation with the 
States, shall promulgate regulations to implement this section. The 
regulations shall provide such additional qualifications for a contract 
or cooperative agreement under this section as the Administrator 
considers reasonable, including qualifications applicable to particular 
types of preremedial or response actions. The regulations shall include 
a requirement that, in order for a State to qualify for a contract or 
cooperative agreement with respect to a facility under this section, 
the State may not be a major potentially responsible party with respect 
to that facility.
    ``(c) Qualification Requirements With Respect to Selection of 
Remedial Action and Use of Allocation Procedures.--For purposes of 
subsection (a)(3)(B), with respect to a contract or cooperative 
agreement under this section for authority to select remedial action or 
to use the allocation procedures under section 128, the Administrator 
also shall make each of the following determinations:
            ``(1) The State has the capability to select remedial 
        actions or to use the allocation procedures under section 128, 
        including adequate legal authority, financial and personnel 
        resources, organization, and expertise.
            ``(2) The State meets any other qualifications set forth in 
        the regulations promulgated under subsection (b) for selecting 
        remedial actions or using the allocation procedures.
            ``(3) The State demonstrates a historical record of 
        performing similar response actions.
    ``(d) Requirements for Selection of Remedial Action.--In any 
contract or cooperative agreement that allows a State to select 
remedial actions, the State shall agree to select such remedial actions 
in accordance with all of the procedures and requirements set forth in 
sections 117 and 121 of this Act, the National Contingency Plan, and 
any other relevant regulations and guidelines adopted by the 
Administrator.
    ``(e) State Authority Regarding Enforcement of Selected Remedial 
Action.--(1) A State that selects a remedial action pursuant to a 
contract or cooperative agreement entered into under subsection (a) 
shall have the authority to enforce the requirements of such remedial 
action pursuant to section 121(f)(4).
    ``(2) Such State also shall have the authority to enforce 
compliance with any standard, regulation, condition, requirement, 
order, or final determination of the State with respect to the remedial 
action. Such State also may seek civil penalties not to exceed $25,000 
per day for any violation of such standard, regulation, condition, 
requirement, order, or final determination. Such State may commence an 
action seeking such relief unless the standard, regulation, condition, 
requirement, order, or final determination is arbitrary, capricious, or 
contrary to law when reviewed upon the administrative record presented 
by the State.
    ``(3) In addition, if expressly provided in the contract or 
cooperative agreement, such State may waive a Federal requirement 
applicable to the remedial action in accordance with section 121.
    ``(f) Requirements for Enforcement and Allocation.--
            ``(1) Enforcement.--In the case of a contract or 
        cooperative agreement providing for a State to initiate an 
        enforcement action with respect to a facility for purposes of 
        recovering costs or compelling performance of a remedy at the 
        facility, the contract or cooperative agreement shall require 
        the State to provide for expedited settlements under section 
        122.
            ``(2) Use of allocation procedures.--(A) In the case of a 
        contract or cooperative agreement providing for a State to 
        initiate an enforcement action with respect to a facility 
        subject to mandatory allocation pursuant to section 128(a)(1), 
        the contract or cooperative agreement shall require the State 
        to use allocation procedures with respect to the facility. The 
        contract or cooperative agreement shall require the State to 
        initiate the allocation process by certifying each of the 
        following:
                    ``(i) The State has completed a potentially 
                responsible party search substantially consistent with 
                subsection (c) of section 128 and will make the results 
of that search available to the allocator and the parties.
                    ``(ii) The State has notified Federal, State, and 
                tribal natural resource trustees of the commencement of 
                the allocation process and, pursuant to section 
                104(b)(2), of potential damages to natural resources.
                    ``(iii) The facility would be subject to mandatory 
                allocation under section 128(a)(1) if the President 
                were conducting the response action.
            ``(B) After the State has made a certification under 
        subparagraph (A), the Administrator shall initiate an 
        allocation in accordance with the terms of section 128. The 
        Administrator may assign to the State, by cooperative agreement 
        or otherwise, any responsibilities to conduct the allocation, 
        except that the Administrator and Attorney General shall retain 
        their authority relating to orphan share funding as provided by 
        this paragraph and in section 128, including the timing and 
        terms of payment.
            ``(C) The State may accept or reject the allocation report 
        on the same basis as provided in section 128(l). If the State 
        does not reject the allocation, it shall use the allocator's 
        report as the basis of State settlements. The State may recover 
        the costs of the allocation pursuant to State law or the 
        provisions of this Act.
            ``(D) The President, through either the Administrator or 
        the Attorney General, or both, may participate in any phase of 
        an allocation proceeding where an orphan share is identified 
        according to the factors set forth in section 128.
            ``(E) If the State accepts an allocation report as the 
        basis for its settlements, and the allocation report identifies 
        an orphan share subject to Federal funding, 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 an orphan share shall be 
                in accordance with section 128.
            ``(F) The Administrator and the Attorney General shall 
        accept a State's request for orphan share funding supported by 
        an allocation report and the certification described in 
        subparagraph (E), unless the Administrator and Attorney General 
        determine, within 120 days after the 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.
            ``(G) The contract or cooperative agreement shall provide 
        the following:
                    ``(i) The Administrator may deduct from orphan 
                share funding the costs incurred in conducting the 
                allocation.
                    ``(ii) The State may use the orphan share funding 
                only to fund response actions through settlement or to 
                reimburse parties performing work in excess of the 
                share assigned to them in allocation. No such 
                reimbursement may exceed the reimbursement level 
                available under section 128.
            ``(H) The State may recover funds provided through orphan 
        share funding from nonsettling responsible parties pursuant to 
        State law or the provisions of this Act. Seventy-five percent 
        of such recoveries shall be returned to the Fund. The remaining 
        25 percent shall be used for any other response action by the 
        recovering State.
            ``(3) Covenants.--(A) In a case in which either the 
        President, acting under the authority of this Act, or a State, 
        acting pursuant to a contract or cooperative agreement under 
        this section, has responsibility for selecting a response 
        action at a facility listed or proposed for listing on the 
        National Priorities List and enters an administrative or 
        judicial settlement to resolve the liability of responsible 
        parties at the facility, the President or the State may confer, 
        in accordance with requirements relating to covenants of 
        sections 122 and 128, a covenant that will 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--
                    ``(i) the covenant purports to address natural 
                resource damages; or
                    ``(ii) the President or the State has not been 
                provided notice of, and an opportunity to participate 
                in, the settlement concerning the response action; or
                    ``(iii) the President or the State objects to the 
                settlement within 120 days of the date of signature for 
                the record of decision or receipt of notice of the 
                settlement, whichever is later.
            ``(B) The covenants described by this paragraph may be 
        conferred by either the Administrator or the State with respect 
        to a facility owned or operated by any department, agency, or 
        instrumentality of the United States (including the executive, 
        legislative, and judicial branches of government). The 
        Administrator may confer a covenant in an administrative order, 
        consent decree, or an interagency agreement. The State may 
        confer a covenant in an administrative order or a consent 
        decree.
    ``(g) Terms and Conditions; Enforcement.--
            ``(1) In general.--A contract or cooperative agreement 
        under this section shall be subject to such terms and 
        conditions as the Administrator may prescribe. If a State fails 
        to comply with a requirement of a contract or cooperative 
        agreement, the Administrator, after 90 days notice to the 
        affected State, may seek in the appropriate United States 
        district court to ensure performance of the response action, or 
        to recover any funds advanced or any costs incurred because of 
        the breach.
            ``(2) Specific terms.--A contract or cooperative agreement 
        under this section shall include the following requirements:
                    ``(A) A requirement that the State shall exercise 
                any authority conferred by this section or the contract 
                or cooperative agreement on behalf of the State, and 
                not on behalf of or in the name of the Administrator, 
                the President, or the United States.
                    ``(B) A requirement that the State have and 
                maintain sufficient legal authority under applicable 
                State law to enter into the contract or cooperative 
                agreement.
                    ``(C) A requirement that the Administrator retain 
                authority to terminate and recoup funding, and to 
                terminate the contract or cooperative agreement, if the 
                State fails to perform the contract or cooperative 
                agreement in a manner consistent with this Act. At 
                least 90 days before terminating any contract or 
                cooperative agreement with a State, the Administrator 
                shall provide to the State a written explanation of the 
                reasons for the proposed termination and afford an 
                opportunity to the State to discuss the termination and 
                to propose actions to correct any deficiencies.
                    ``(D) A requirement imposing a nondiscretionary 
                duty on the Administrator to perform or compel 
                expeditious performance of response actions under the 
                contract or cooperative agreement if the State fails to 
                comply with the terms of the contract or cooperative 
                agreement.
    ``(h) Savings Clause.--Nothing in this section shall affect the 
exercise by a State of any other authorities that may be applicable to 
facilities in such State.''.

SEC. 502. STATE COST SHARE.

    Section 104(c) is amended by adding at the end the following new 
paragraphs:
    ``(10) Existing contracts and cooperative agreements.--The 
requirements of paragraphs (3), (6), and (7) of this subsection shall 
apply only to contracts and cooperative agreements pursuant to section 
104(d) entered into prior to the enactment of the Superfund Cleanup 
Acceleration and Liability Equity Act.
    ``(11) State cost share.--After the date of enactment of the 
Superfund Cleanup Acceleration and Liability Equity Act, the 
Administrator shall not provide any funding under this subsection or 
section 127, or any response action pursuant to this section, except 
for emergency removal actions, unless the State in which the release or 
threatened release occurs has entered into a contract or cooperative 
agreement pursuant to this subsection or section 127 that provides 
assurances, deemed adequate by the Administrator, that--
            ``(A) the State will pay or assure payment of 10 percent of 
        the cost of such response action or funding, including 10 
        percent of orphan share funding and operation and maintenance 
        costs; and
            ``(B) the State will assure oversight of any operation and 
        maintenance of funded response actions.''.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. DEFINITIONS.

    Section 101 (42 U.S.C. 9601), as amended by section 409, is further 
amended by adding at the end the following:
            ``(41) 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. The term also includes waste materials generated by 
        commercial, institutional, and industrial sources, to the 
        extent such wastes (A) are essentially the same as waste 
        normally generated by households, or (B) are collected and 
        disposed of with other municipal solid waste or sewage sludge 
        as part of normal municipal solid waste collection services, 
        and, regardless of when generated, would be considered 
        conditionally exempt small quantity generator waste under 
        regulation issued pursuant to section 3001(d) of the Solid 
        Waste Disposal Act (42 U.S.C. 6921(d)). Examples of municipal 
        solid waste include 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 from manufacturing or processing 
        (including pollution control) operations not essentially the 
        same as waste normally generated by households.''.

SEC. 602. APPROVAL OF GOVERNOR NOT REQUIRED BEFORE LISTING OF FACILITY 
              ON NATIONAL PRIORITIES LIST.

    Section 105(a)(8)(B) (42 U.S.C. 9605(a)(8)(B)) is amended by 
inserting after ``consider any priorities established by the States'' 
the following: ``, but the approval of a Governor of a State is not 
necessary before the President lists a facility in that State on the 
National Priorities List''.
                                 <all>