[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3000 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 3000

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1997

Mr. Oxley (for himself, Mr. Condit, Mr. John, Mr. Bliley, Mr. Ford, Mr. 
    Upton, Mr. Greenwood, Mr. Klug, Mr. Martinez, Mr. Goodling, Mr. 
 Traficant, Mr. Tauzin, Mr. Peterson of Minnesota, Mr. Dan Schaefer of 
    Colorado, Mr. Stenholm, Mr. Gillmor, Mr. Bishop, Mr. Paxon, Mr. 
     Sisisky, Mr. Largent, Mr. Baesler, Mr. Buyer, Mr. Goode, Mr. 
   Frelinghuysen, Mr. Boyd, Mrs. Emerson, Mr. Cramer, Mr. Barrett of 
  Nebraska, Mr. Holden, Mr. Burr of North Carolina, Mr. Pickett, Mr. 
    Hefley, Mr. McIntyre, Mr. Duncan, Mr. Sandlin, Mr. Peterson of 
 Pennsylvania, and Mr. Rush) introduced the following bill; which was 
     referred to the Committee on Commerce, and in addition to the 
 Committees on Transportation and Infrastructure, and Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Superfund Reform 
Act''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. References.
                       TITLE I--REMEDY SELECTION

Sec. 101. Remedy selection.
Sec. 102. Objective risk assessment standards.
Sec. 103. Remedy updates and remedy review board.
Sec. 104. Public health authorities.
Sec. 105. Indian health provisions.
Sec. 106. Hazard ranking system.
Sec. 107. Removal actions.
Sec. 108. Hazardous substance property use.
Sec. 109. Effective date and transition rules.
                          TITLE II--LIABILITY

Sec. 201. Parties not responsible for pollution.
Sec. 202. Clarifications of certain liability.
Sec. 203. Amendments to section 106.
Sec. 204. Civil proceedings.
Sec. 205. Limitations on contribution actions.
Sec. 206. Liability of response action contractors.
Sec. 207. Expedited final settlements.
Sec. 208. Allocations at multi-party facilities.
Sec. 209. Transition rules relating to certain nonliable parties.
Sec. 210. Recycling transactions.
                         TITLE III--BROWNFIELDS

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Cleanups pursuant to State voluntary response program.
Sec. 304. Innocent landowners.
Sec. 305. Bona fide prospective purchaser liability.
Sec. 306. Contiguous properties.
                   TITLE IV--NATURAL RESOURCE DAMAGES

Sec. 401. Natural resources defined.
Sec. 402. Consultation with natural resources trustees.
Sec. 403. Liability.
Sec. 404. Designation of trustees.
Sec. 405. Determination of causation.
Sec. 406. Measure of damages.
Sec. 407. Damage assessments.
Sec. 408. Selection of restoration alternatives.
Sec. 409. Use of sums recovered by trustees.
Sec. 410. Relation to other laws; damages occurring before December 11, 
                            1980.
Sec. 411. Restoration.
Sec. 412. Use of mediation.
Sec. 413. Applicability.
                          TITLE V--STATE ROLE

Sec. 501. State delegation at NPL facilities.
Sec. 502. State authorization at NPL facilities.
Sec. 503. Federal funding of State actions under State delegation or 
                            State authorization.
Sec. 504. State cost share.
Sec. 505. Concurrence of governors required for additions to National 
                            Priorities List.
Sec. 506. State and local reimbursement for response actions.
                      TITLE VI--FEDERAL FACILITIES

Sec. 601. State role at Federal facilities.
Sec. 602. Innovative technologies for remedial action at Federal 
                            facilities.
Sec. 605. Federal entities and facilities.
Sec. 607. Notification regarding uncontaminated property at Federal 
                            facilities.
Sec. 608. Annual studies of priorities at Federal facilities.
Sec. 609. Judicial removals.
                   TITLE VII--COMMUNITY PARTICIPATION

Sec. 701. Community involvement.
Sec. 702. Community assistance groups.
Sec. 703. Technical assistance grants.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Definitions.
Sec. 802. Response claims procedures.
Sec. 803. Small business ombudsman.
Sec. 804. Consideration of local government cleanup priorities.
Sec. 805. Savings clause.
Sec. 806. Report and oversight requirements.
Sec. 807. Response authorities.
Sec. 808. Prioritization.
Sec. 809. Response management and worker protection standards.
Sec. 810. Actions relating to source, byproduct, and special nuclear 
                            material.
                           TITLE IX--FUNDING

    Subtitle A--Expenditures From the Hazardous Substance Superfund

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

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

SEC. 2. 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.

    Section 121 (42 U.S.C. 9621) is amended as follows:
            (1) In subsection (a), by striking ``and, to the extent 
        practicable, the national contingency plan''.
            (2) By amending subsection (b) 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 
                and provide long-term reliability at reasonable cost. 
                Such remedies should not seek to address unrealistic or 
                insignificant risks.
                    ``(B) Certain carcinogens.--For nonthreshold 
                carcinogens, to the extent the President is using risk 
                measures based on the numeric risk of carcinogenic 
                effects, final remedies selected under this Act shall 
                limit cumulative, lifetime additional cancer risk from 
                exposure to hazardous substances from releases at the 
                facility to within the range of one in 10,000 to one in 
                1,000,000 for the affected population or subpopulation, 
as determined by the President.
                    ``(C) 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 ingestion of, inhalation of, or dermal 
                contact with hazardous substances or pollutants or 
                contaminants, or blood lead levels at or near the site, 
                along with other relevant information. Where the 
                President uses predictive estimates, protective 
                exposure levels shall be based on a reasonable high-end 
                estimate of the scientifically objective exposure 
                distribution.
                    ``(D) 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) 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) Except as provided in subparagraphs (D), in 
        identifying such reasonably anticipated future uses, the 
        President shall consider relevant factors, which generally 
        shall include the following:
                    ``(i) Any consensus 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) 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.
                    ``(iii) 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.
                    ``(iv) The current land use zoning and future land 
                use plans of the local government with land use 
                regulatory authority.
                    ``(v) Current plans for the facility by the 
                property owner or owners.
                    ``(vi) The availability of alternative sources of 
                drinking water.
                    ``(vii) Current or anticipated plans for livestock 
                watering or irrigation.
                    ``(viii) Current and anticipated plans of local 
                water suppliers.
            ``(C) In developing its recommendation, the Community 
        Assistance Group shall consider factors listed in subparagraph 
        (B).
            ``(D) 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.
            ``(E) Unless the State has made a specific determination 
        otherwise under subparagraph (D), a current or reasonably 
        anticipated future use of ground water shall not 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.
            ``(F) 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) identify groups which are currently or would 
                be highly exposed or highly susceptible (i) to 
                contamination from the site based on current and 
                reasonably anticipated uses of land, water, and other 
                resources at or around the site, or (ii) to risks 
                arising from implementation of a remedial option;
                    ``(C) assist in establishing remedial objectives 
                for the facility respecting releases or threatened 
                releases, and in identifying geographic areas or 
                exposure pathways of concern; and
                    ``(D) 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) Alternatives considered and factors 
                balanced.--For purposes of selecting final remedies 
                under this Act, the President shall identify an 
                appropriate mix of technically practicable remedial 
                options (including those provided by interested 
                parties) which are designed to meet the standards set 
                forth in this section considering reasonable points of 
                compliance. Appropriate remedies shall be based on 
                consideration of the current and reasonably anticipated 
                future uses of land, water, and other resources, as 
                identified under paragraph (2), and the timing of such 
                uses. The President shall select from among such 
                options a protective, cost-effective, cost-reasonable, 
                and otherwise appropriate remedy by an overall 
                balancing of the relative advantages and disadvantages 
                of the remedial options, considering the following 
                factors:
                            ``(i) The effectiveness of the remedial 
                        options in reducing risks (including risks 
                        posed by the spread of contamination to ground 
                        water or surface water).
                            ``(ii) Effectiveness in promoting source 
                        control (including appropriate management or 
                        treatment of hot spots).
                            ``(iii) The long-term reliability of the 
                        remedial option.
                            ``(iv) Risks to the affected community, to 
                        those engaged in the remedial effort, and to 
                        the environment arising from the potential 
                        implementation of a remedial option and any 
                        offsite transportation and subsequent 
                        management of the hazardous substances.
                            ``(v) The acceptability of the remedial 
                        option to the affected community (including 
                        Indian Tribes, as appropriate) and the affected 
                        local government.
                            ``(vi) The reasonableness of the 
                        differences in costs between one remedial 
                        option and the other remedial options.
                    ``(B) In the case of contaminated ground water for 
                which the current or reasonably anticipated future use 
                is drinking water, final remedies shall seek to 
                remediate otherwise usable ground water to beneficial 
                use, to the extent practical and consistent with 
                subparagraph (A), within a timeframe that is reasonable 
                given the circumstances at the site. This subparagraph 
                does not apply to ground water in source management 
                areas and allows for the use of natural attenuation, 
                where appropriate.''.
                    ``(C) In the case of uncontaminated ground water 
                for which the current or reasonably anticipated future 
                use is drinking water, final remedies shall provide for 
                the protection of such current or future use, to the 
                extent practicable and consistent with subparagraph 
                (A), considering the timing of such use. This 
                subparagraph shall not prohibit the use of reasonable 
                source management areas for ground water and allows for 
                the use of natural attenuation, where appropriate.''.
                    ``(D) Ground water monitoring.--The President shall 
                provide for the long-term monitoring of ground water 
                where appropriate (including any information needed for 
                purpose of review under section 121(c)).
                    ``(E) Compliance.--The President shall, consistent 
                with the protection of human health and the 
                environment, establish the timing of compliance, 
                reasonable points of compliance, and specific method of 
compliance for any standards applicable under this section.
                    ``(F) Hot spots.--For purposes of this paragraph, a 
                `hot spot' is a discrete area (not including areas in 
                landfills or at mining or related sites) which contain 
                highly toxic material which poses a substantial risk to 
                health or the environment considering current and 
                reasonably anticipated uses of land, water, and other 
                resources.''.
            (3) Subsection (c) is amended by striking in the first 
        sentence ``the initiation of'' and inserting ``construction and 
        installation of equipment and structures to be used for'' and 
        by adding the following after the first sentence: ``The 
        President shall review the effectiveness of and compliance with 
        any institutional controls related to the remedial action 
        during the review.''.
            (4) 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 remediation technology used in the conduct of the remedy 
shall comply with State and Federal standards respecting such 
discharges or emissions.
    ``(B) Remedies selected under this Act shall attain a level or 
standard of control which meets promulgated State standards for 
protection that are applicable to remedial actions in the State unless 
the President makes a finding under paragraph (4) of this subsection. 
Any waivers or adjustments of State standards for protection that are 
applicable under State law shall also apply for purposes of selecting 
remedial actions under this section.
    ``(C) 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 under the circumstances of the release, considering the 
nature and timing of such use of the ground water. At a minimum such 
remedies shall prevent or eliminate any actual human ingestion of 
drinking water containing any hazardous substance, pollutant, or 
contaminant at levels in excess of such maximum contaminant level, 
including, as appropriate, the provision of an alternate water supply.
    ``(D) 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.
    ``(E) Nothing in this section shall be construed to require that a 
final remedial action selected under this Act reduce concentrations of 
contaminants below background levels or that any such remedy comply 
with zero discharge standards.
    ``(F) Compliance with subparagraphs (A) and (B) shall not be 
required with respect to return, replacement, or disposal of 
contaminated media or residuals of contaminated media into the same 
medium in or very near existing areas of contamination on-site.''.
            (5) In paragraph (3) of subsection (d), by striking ``, or 
        constituent'' and inserting ``or hazardous levels of 
        constituents'' in subparagraph (A) and by adding the following 
        before the period at the end of the first sentence of such 
        paragraph: ``unless the President determines that such 
        substance or pollutant or contaminant can be managed in another 
        location in a manner that will protect human health and the 
        environment''.
            (6) By striking so much of paragraph (4) of subsection (d) 
        as precedes subparagraph (A) and inserting the following:
    ``(4) The President may waive any requirement of subparagraphs (A) 
through (C) of paragraph (2) of this subsection if the President finds 
that--''.
            (7) By adding the following new paragraph after paragraph 
        (4) of subsection (d):
    ``(5) 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.''.
            (8) 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) Assurances.--In any case in which the President 
        selects a remedial action that relies on restrictions on the 
        use of land, water, or other resources or other activities to 
        provide protection, the President shall ensure that such 
        controls, taken together with other response measures, are 
        adequate to protect human health and the environment. 
        Institutional controls which form a significant portion of the 
        basis for a finding that a set of remedial options will 
        adequately protect human health and the environment must be--
                    ``(A) enforceable;
                    ``(B) publicly noticed; and
                    ``(C) as appropriate for deed restrictions or other 
                similar measures, incorporated in the recordation 
                systems of the appropriate jurisdiction where the 
                property is located.
        The President may allow for a reasonable schedule for 
        appropriate public notice and recordation.
            ``(2) Identification and registry--Each record of decision 
        with respect to a facility shall clearly identify any 
        institutional controls that restrict uses of land, water, or 
        other resources or other activities at the facility. The 
        President shall also provide the identity of the Government 
        official who is primarily responsible for monitoring and 
        enforcing the institutional controls. The President shall 
        maintain a registry of restrictions on the use of land, water, 
        or other resources through institutional controls that are 
        included in final records of decision as 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. OBJECTIVE RISK ASSESSMENT STANDARDS.

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

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

    ``(a) General Principles.--Risk assessments and characterizations 
conducted under this Act shall--
            ``(1) provide scientifically objective assessments, 
        estimates, and characterizations which neither minimize nor 
        exaggerate the nature and magnitude of risks to human health 
        and the environment;
            ``(2) distinguish scientific findings from other 
        considerations;
            ``(3) be based on the best, relevant, and current 
        scientific and technical information, including available or 
        reasonably obtainable (A) epidemiologic data, (B) data on 
        bioavailability, and (C) site-specific and all other relevant 
        information made available to the President; and
            ``(4) be based on a careful analysis of the weight of 
        scientific evidence that supports conclusions about risk to 
        human health and the environment.
    ``(b) Guidelines.--(1) Within 2 years after the enactment of this 
section, the President shall update and publish exposure assessments 
and ecological risk assessment guidelines which are consistent with the 
principles in subsection (a). Ecological risk guidelines shall address 
how to evaluate the significance of risks to populations of plant and 
animal species, ecological communities, and ecosystems.
    ``(2) Final guidelines under this subsection shall be established 
after external peer review and notice and opportunity for comment on 
draft guidelines.
    ``(c) Study of Substances.--(1) The President shall conduct a study 
of the cancer potency values of 12 hazardous substances listed under 
paragraph (2) of section 104(i) that are frequently found to pose 
significant risks at National Priorities List facilities. The study may 
also include a review of other health effects values. The President 
shall not include a substance in the study under this subsection if 
such substance is under scientific reevaluation pursuant to title XIV 
of the Safe Drinking Water Act.
    ``(2) The President shall make a scientifically objective 
assessment of different methodologies for determining the health 
effects of chemical mixtures at relevant doses based on reasonable 
exposure scenarios at National Priorities List facilities.
    ``(3) For purposes of such study and assessments, within 30 days 
after the date of the enactment of this section, the President shall 
obtain public comments on such study and assessments. Not later than 15 
months after the date of the enactment of this section, the President 
shall publish a draft of such assessments. After receiving such 
comments on such draft assessments, and after external peer review, but 
within 2 years after the date of the enactment of this section, the 
President shall complete the study and publish the assessments under 
this subsection. The publication of the final assessments shall be 
considered final agency action.
    ``(4) The study and assessments under this subsection shall include 
a discussion, to the extent relevant, of both laboratory and 
epidemiological data of sufficient quality which finds, or fails to 
find, a significant correlation between health risks and a potential 
toxin. Where conflicts among such data appear to exist, or where animal 
data are used as a basis to assess human health risks, the study and 
assessments shall include discussion of differences in study designs, 
comparative physiology, routes of exposure, bioavailability, 
pharmacokinetics, and any other relevant and significant factor.
    ``(5) Where the study and assessment involve application of any 
significant assumption, inference, or model, the President shall--
            ``(A) state the weight of scientific evidence supporting a 
        selection relative to other plausible alternatives;
            ``(B) fully describe any model used in the risk assessment 
        and make explicit the assumptions incorporated in the model; 
        and
            ``(C) indicate the extent to which any significant model 
        has been validated by, or conflicts with, empirical data.
    ``(6) To the extent scientifically appropriate, the President shall 
include, among other estimates or health effects values, central 
estimates of risks or health effects values, using the most plausible 
assumptions, given the weight of the scientific information available 
to the President. Where significant assumptions have substantially 
similar scientific support, the President shall provide a description 
of the range of estimates or values.
    ``(d) Lead-in-Soils Review.--(1) Not later than 30 days after the 
date of the enactment of this subsection, the Administrator shall enter 
into a contract with the National Academy of Sciences to review 
existing science (and any new science made available prior to 
completion of the review) on the relationship, if any, between lead in 
residential soils and blood lead levels. The review shall be consistent 
with section 127(a) and shall include an assessment of whether, and, if 
so, to what extent, blood lead levels are affected by removing lead-
containing soil at varying levels; an assessment of whether, and, if 
so, to what extent, blood lead levels are affected by variation in the 
type of lead compounds, soil type, and other site-specific factors; and 
a review of the methodologies for modeling the impact of soil lead 
levels on blood lead levels.
    ``(2) The National Academy of Sciences shall complete the review 
under paragraph (1) no later than 6 months after contracting with the 
Administrator. The review shall include an opportunity for peer review 
and public comment and participation. The National Academy of Sciences 
shall report its findings, in writing, to Congress and the 
Administrator within 30 days after completing its review.
    ``(e) Reconciliation of Data.--(1) The President shall reconcile 
any empirical data made available to the President from a statistically 
significant representation of residents concerning lead in blood along 
with any other relevant information (including the review under 
subsection (d)), in the process of making estimates of risks based on 
models, methodologies, guidance, or rules concerning the exposure, 
uptake, bioavailability, and biokinetics of lead in soils. No 
projections based on any model, methodology, guidance, or rule 
concerning the exposure, uptake, bioavailability, or biokinetics of 
lead in soils may be used to predict blood lead levels or to select 
remedial actions unless the projections have been reconciled with 
empirical data as required by this subsection.
    ``(2) For purposes of paragraph (1), the term `reconcile' means to 
compare all relevant information on a technical basis and, in any case 
where there are differences between empirical data and data or 
projections of data based on any model, methodology, guidance, or rule, 
to explain in writing each difference and to make a judgment based on 
the weight of the scientific evidence.''.

SEC. 103. REMEDY UPDATES AND REMEDY REVIEW BOARD.

    Section 121(c) (42 U.S.C. 9621(c)) is amended--
            (1) by inserting after ``Review.--'' the following:
            ``(1) Five-year review.--''; and
            (2) by adding at the end the following new paragraphs:
            ``(2) Review by request.--
                    ``(A) In general.--To ensure that records of 
                decision reflect the current state of knowledge with 
                respect to remediation science, technology, and 
                engineering; best available facility data; and most 
                recent policy and guidance of the Environmental 
                Protection Agency, and to improve the cost-
                effectiveness of site remediation while ensuring 
                reliable long-term protection of human health and the 
                environment, the President, upon receiving a request 
                from an interested party, shall review a past Superfund 
                record of decision. If appropriate, based on such 
                review, the President shall modify the record of 
                decision. The President shall not be required to 
                conduct more than one review of a record of decision 
                under this paragraph.
                    ``(B) Costs.--The President may establish rules 
                requiring a party requesting review under this 
                paragraph to pay the reasonable costs to the Federal 
                and State governments associated with reviewing the 
                record of decision.
                    ``(C) Past record of decision defined.--For the 
                purpose of this subsection, the term ``past Superfund 
                record of decision'' means a record of decision 
                selecting a remedy at a site on the National Priorities 
                List that was signed prior to October 2, 1995, and has 
                not been reviewed pursuant to United States 
                Environmental Protection Agency, Office of Solid Waste 
                and Emergency Response Directive, EPA540/F-96/026, or 
                otherwise updated since October 2, 1995.
                    ``(D) Administrative record.--The results of the 
                President's review of a record of decision under this 
                subsection and the basis for the President's decision 
                to update or not update a remedy shall be placed in the 
                administrative record for the facility.
                    ``(E) Judicial review.--The President's decision 
                under this subsection to modify or not modify a remedy 
                following a review under this subsection shall not be 
                subject to judicial review.
                    ``(F) Limitation on statutory construction.--
                Nothing in this subsection may be construed to affect 
                the authority of the President to modify or amend a 
                record of decision.
            ``(3) National superfund remedy review board.--
            ``(A) Establishment.--The President shall establish a 
        National Superfund Remedy Review Board to control remedy costs, 
        and to provide for protective, consistent, and cost-effective 
        remedial decisions, at facilities on the National Priorities 
        List.
            ``(B) Threshold for review.--For remedial alternatives 
        evaluated and identified after the date of the enactment of 
        this paragraph, following completion of the evaluation or 
        remedial alternatives and identification of a preferred remedy, 
        the Board shall review remedies for those facilities on the 
        National Priorities List for which the estimated cost of the 
        preferred remedy exceeds $15,000,000. If requested, the Board 
        may review remedies for any facility for which the estimated 
        cost for the preferred remedy is $15,000,000 or less.
            ``(C) Board membership.--The Board shall consist of experts 
        on remedy selection, cost-effectiveness, and implementation of 
        this Act. Such experts may be selected from the Environmental 
        Protection Agency, State environmental agencies, and other 
        Federal departments and agencies, including the Department of 
        Defense and the Department of Energy. No person who 
        participated in the development of a remedy for a facility may 
        be a member of the Board reviewing such remedy.
            ``(D) Public participation.--For each remedy that is 
        subject to review under this paragraph, the President shall 
        notify the State, the affected local government, the affected 
        community (including any community assistance group), and the 
        potentially responsible parties that the review will 
take place. Such notice shall include a brief description of the 
preferred remedy and information regarding the location of the 
administrative record established for the facility under section 
113(k). The Board shall review all comments that are received during 
the period for public comment. The Board is not required to review any 
comments that exceed 4,000 words or are not received during such 
period.
            ``(E) Board recommendations.--With respect to a facility 
        for which the Board conducts a review under this paragraph, the 
        Board shall make recommendations to the Regional Administrator 
        of the Environmental Protection Agency for the region in which 
        the facility is located. The Regional Administrator shall make 
        such recommendations publicly available and shall place such 
        recommendations in the administrative record for the facility 
        immediately upon receipt. When the proposed remedial 
        alternative for the facility is issued, the President shall 
        explain any deviations from the Board's recommendations.
            ``(F) Reviews of remedies proposed by states under section 
        151.--This section shall apply to remedies developed by States 
        under section 151. To the extent practicable, a majority of the 
        members of the Board reviewing any such remedies shall be 
        officials from State environmental agencies. This paragraph 
        shall not apply to remedies developed by States under section 
        152, although the Administrator shall encourage such States to 
        provide reviews of remedies in a manner consistent with this 
        paragraph.''.

SEC. 104. PUBLIC HEALTH AUTHORITIES.

    (a) Disease Registry and Medical Care Providers.--Section 104(i)(1) 
of such Act (42 U.S.C. 9604(i)(1)) is amended as follows:
            (1) By amending subparagraph (A) to read as follows:
            ``(A) in cooperation with the States, for scientific 
        purposes and public health purposes, establish and maintain a 
        national registry of persons exposed to toxic substances;''.
            (2) In subparagraph (E), by striking ``admission to 
        hospitals and other facilities and services operated or 
        provided by the Public Health Service'' and inserting 
        ``referral to licensed or accredited health care providers''.
    (b) Determining Health Effects.--Section 104(i)(5)(A) of such Act 
(42 U.S.C. 9604(i)(5)(A)) is amended as follows:
            (1) By striking ``designed to determine the health effects 
        (and techniques for development of methods to determine such 
        health effects) of such substance'' and inserting ``conducted 
        directly or by means such as cooperative agreements and grants 
        with appropriate public and nonprofit institutions. The 
        research shall be designed to determine the health effects (and 
        techniques for development of methods to determine such health 
        effects) of the substance''.
            (2) By redesignating clause (iv) as clause (v).
            (3) By striking ``and'' at the end of clause (iii).
            (4) By inserting after clause (iii) the following new 
        clause:
            ``(iv) laboratory and other studies which can lead to the 
        development of innovative techniques for predicting organ-
        specific, site-specific, and system-specific acute and chronic 
        toxicity; and''.
    (c) Public Health at NPL Facilities.--Section 104(i)(6) of such Act 
(42 U.S.C. 9604(i)(6)) is amended as follows:
            (1) By amending subparagraph (A) to read as follows:
    ``(A)(i) The Administrator of ATSDR shall perform a preliminary 
public health assessment for each facility, including those facilities 
owned by any department, agency, or instrumentality of the United 
States, on the National Priorities List and those sites that are the 
subject of a petition under subparagraph (B). The preliminary public 
health assessment shall be commenced as soon as practicable after each 
facility is proposed for inclusion on the National Priorities List or 
ATSDR accepts a petition for a health assessment. Where ATSDR, in 
consultation with local public health officials, determines it is 
indicated by the preliminary public health assessment, ATSDR shall 
conduct a public health assessment of those sites posing a health 
hazard, which should be considered in selecting the remedial action.
    ``(ii) The Administrator of ATSDR shall design public health 
assessments that take into account the needs and conditions of the 
affected community, in cooperation with States.
    ``(iii) The Administrator of the Environmental Protection Agency 
shall place highest priority on facilities with releases of hazardous 
substances which result in actual ongoing human exposures at levels of 
public health concern or adverse health effects as identified in a 
public health assessment conducted by the ATSDR or are reasonably 
anticipated based on currently known facts.''.
            (2) In subparagraph (D), by inserting ``(i)'' after ``(D)'' 
        and by adding the following at the end of the subparagraph: 
        ``The President and the Administrator of ATSDR shall develop 
        strategies to obtain relevant on-site and off-site 
        characterization data for use in the health assessment, the 
        President shall, to the maximum extent practicable, provide the 
        Administrator of ATSDR with the data and information necessary 
        to make public health assessments sufficiently prior to the 
        choice of remedial actions to allow ATSDR to complete these 
        assessments. Where deemed appropriate, the Administrator of 
        ATSDR shall provide to the President as soon as practicable 
        after site discovery, recommendations for sampling 
        environmental media for hazardous substances of public health 
        concern. To the extent feasible, the President shall 
        incorporate such recommendations into its site investigation 
        activities.
    ``(ii) In order to improve community involvement in health 
assessments, the Administrator of ATSDR shall carry out each of the 
following duties:
            ``(I) The Administrator of ATSDR shall actively collect 
        from Community Assistance Groups (`CAGs'), from State and local 
        public health authorities, and from other sources in 
        communities affected or potentially affected by releases of 
        hazardous substances data regarding exposure, relevant human 
        activities, and other factors.
            ``(II) The Administrator of ATSDR shall design health 
        assessments that take into account the needs and conditions of 
        the affected community. Community-based research models, 
        building links to local expertise, and local health resources 
        should be used. In preparing such designs, emphasis shall be 
        placed on collection of actual exposure data, and sources of 
        multiple exposure shall be considered.''.
            (3) In subparagraph (H), by striking ``health assessment'' 
        each place it appears and inserting ``public health 
        assessment''.
    (d) Health Studies.--Subparagraph (A) of section 104(i)(7) of such 
Act (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 public health assessment 
or on the basis of other appropriate information, the Administrator of 
ATSDR shall conduct a human health study of exposure or other health 
effects for selected groups or individuals in order to determine the 
desirability of conducting full scale epidemiologic or other health 
studies of the entire exposed population.''.
    (e) Distribution of Materials to Health Professionals and Medical 
Centers.--Paragraph (14) of section 104(i) of such Act (42 U.S.C. 
9604(i)) is amended to read as follows:
    ``(14) In implementing this subsection and other health-related 
provisions of this Act in cooperation with the States, the 
Administrator of ATSDR shall--
            ``(A) assemble, develop as necessary, and distribute to the 
        State and local health officials, tribes, medical colleges, 
        physicians, nursing institutions, nurses, and other health 
        professionals and medical centers, appropriate educational 
        materials (including short courses) on the medical 
        surveillance, screening, and methods of prevention, diagnosis, 
        and treatment of injury or disease related to exposure to 
        hazardous substances (giving priority to those listed in 
        paragraph (2)), through means the Administrator of ATSDR 
        considers appropriate; and
            ``(B) assemble, develop as necessary, and distribute to the 
        general public and to at-risk populations appropriate 
        educational materials and other information on human health 
        effects of hazardous substances.''.
    (f) Grant Awards, Contracts, and Community Assistance activities.--
Section 104(i)(15) of such Act (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), other 
        appropriate public authorities, public or private institutions, 
        colleges, universities, and professional associations''.
            (3) In the second sentence, by inserting ``public'' before 
        ``health assessments''.
            (4) By adding at the end the following new subparagraphs:
    ``(B) When a public health assessment is conducted at a facility on 
the National Priorities List, or a facility is being evaluated for 
inclusion on the National Priorities List, the Administrator of ATSDR 
may provide the assistance specified in this paragraph to public or 
private nonprofit entities, individuals, and community-based groups 
that may be affected by the release or threatened release of hazardous 
substances in the environment.
    ``(C) The Administrator of the ATSDR, pursuant to the grants, 
cooperative agreements, and contracts referred to in this paragraph, is 
authorized and directed to provide, where appropriate, diagnostic 
services, health data registries and preventative public health 
education to communities affected by the release of hazardous 
substances.''.
    (g) Peer Review Committee.--Subsection (i) of section 104 of such 
Act is amended by adding the following at the end thereof:
    ``(19) The Administrator of ATSDR shall establish an external peer 
review committee of qualified health scientists who serve for fixed 
periods and meet periodically to--
            ``(A) provide guidance on initiation of studies;
            ``(B) assess the quality of study reports funded by the 
        agency; and
            ``(C) provide guidance on effective and objective risk 
        characterization and communication.
The peer review committee may include additional specific experts 
representing a balanced group of stakeholders on an ad hoc basis for 
specific issues. Meetings of the committee should be open to the 
public.''.

SEC. 105. 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) (as amended by this Act) 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. 106. 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. 107. 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. 108. HAZARDOUS SUBSTANCE PROPERTY USE.

    Section 104 (42 U.S.C. 9604) is amended by adding at the end the 
following:
    ``(k) Hazardous Substance Property Use.--
            ``(1) Authority of president to acquire easements.--In 
        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 remedial action for a site listed on the National 
        Priorities List.
            ``(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. 109. EFFECTIVE DATE AND TRANSITION RULES.

    The amendments made by this title shall apply--
            (1) 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 the date of the 
enactment of this Act; and
            (2) to any modifications made to any ROD after the date of 
        enactment of this Act.

                          TITLE II--LIABILITY

SEC. 201. PARTIES NOT RESPONSIBLE FOR POLLUTION.

    (a) In General.--Section 107 (42 U.S.C. 9607) is amended by adding 
at the end the following:
    ``(o) Exemptions and Limitations of Liability.--
            ``(1) Pre-1987 generators and transporters.--No person 
        (other than the United States or a department, agency or 
        instrumentality of the United States) shall be liable under 
        paragraph (3) or (4) of subsection (a) for a release or 
        threatened release at a facility or vessel not owned by the 
        United States listed on the National Priorities List, if no 
        activity of such person described in such paragraph (3) or (4) 
        occurred after January 1, 1987, unless it is demonstrated by a 
        preponderance of the evidence that--
                    ``(A) such person generated or transported 
                hazardous substances that have contributed 
                significantly or could contribute significantly to the 
                costs of the response or to the costs of the natural 
                resource damages;
                    ``(B) such person has impeded the performance of 
                the response action or natural resource damage 
                restoration;
                    ``(C) such person is legally affiliated with a 
                liable person at the facility or vessel through any 
                direct familial, contractual, corporate, or financial 
                relationship to the facility other than that arising 
                from a contract for the disposal, treatment, or 
                transportation of the hazardous substances at, to, or 
                from the facility; or
                    ``(D) such person has not substantively complied 
                with all requests made under the authority of sections 
                104(e), 122(g)(2), and 128 with respect to such 
                facility or vessel.
            ``(2) Municipal solid waste and sewage sludge.--No person 
        (other than the United States or a department, agency or 
        instrumentality of the United States) shall be liable under 
        paragraph (3) or (4) of subsection (a) for a release or 
        threatened release at any facility or vessel not owned by the 
        United States listed on the National Priorities List if the 
        activity of such person described in such paragraph (3) or (4) 
        involved only municipal solid waste or sewage sludge, unless it 
        is demonstrated by a preponderance of the evidence that--
                    ``(A) the hazardous substances contained in such 
                waste or sludge have contributed significantly or could 
                contribute significantly to the costs of the response 
                or to the costs of the natural resource damages;
                    ``(B) such person has impeded the performance of 
                the response action or natural resource damage 
                restoration; or
                    ``(C) such person has not substantively complied 
                with all requests made under the authority of sections 
                104(e), 122(g)(2), and 128 with respect to such 
                facility or vessel.
            ``(3) De micromis exemption.--No person (other than the 
        United States or a department, agency or instrumentality of the 
        United States) shall be liable under paragraph (3) or (4) of 
        subsection (a) for a release or threatened release at any 
        facility or vessel if the activity of such person described in 
        such paragraph (3) or (4) involved no more than 110 gallons of 
        liquid materials containing hazardous substances or more than 
        200 pounds of solid materials containing hazardous substances, 
        unless it is demonstrated by a preponderance of the evidence 
        that--
                    ``(A) such hazardous substances have contributed 
                significantly or could contribute significantly to the 
                costs of the response or to the costs of the natural 
                resource damage restoration;
                    ``(B) such person has impeded the performance of a 
                response action or natural resource damage restoration; 
                or
                    ``(C) such person has not substantively complied 
                with all requests made under the authority of section 
                104(e).
            ``(4) Facilities acquired by inheritance or bequest.--No 
        person shall be liable under this section for costs or damages 
        at any facility or vessel to the extent that liability at such 
        facility or vessel is based solely on the person's status as an 
        owner under paragraph (1) of subsection (a) for a release or 
        threat of release from the facility or vessel, and the person 
        acquired the facility or vessel by inheritance or bequest if 
        the person--
                    ``(A) acquired the real property on which the 
                facility concerned is located, or acquired the vessel, 
after placement of the hazardous substance occurred at the facility or 
vessel;
                    ``(B) did not cause, contribute to, or consent to 
                the release or threat of release; and
                    ``(C) 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.
            ``(5) Certain tax exempt organizations.--A person's 
        liability under this section with respect to a release or 
        threatened release from a facility or vessel shall be limited 
        to the lesser of the fair market value of the facility or 
        vessel or the actual proceeds of the sale of the facility or 
        vessel received by the person, to the extent such liability is 
        based solely on the person's status under paragraph (1) of 
        subsection (a) as owner of the facility or vessel if the 
        person--
                    ``(A) holding title, either outright or in trust, 
                to the facility or vessel 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;
                    ``(B) 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;
                    ``(C) did not cause, contribute to, or consent to 
                the release or threat of release; and
                    ``(D) acquired the real property on which the 
                facility concerned is located, or acquired the vessel, 
                after placement of the hazardous substance occurred at 
                the facility or vessel.
            ``(6) Construction contractors.--No person shall be liable 
        under this section for costs or damages at any facility or 
        vessel to the extent that liability is based solely on a 
        person's construction activities at a facility or vessel if 
        such person can demonstrate by a preponderance of evidence that 
        such construction activities were specifically directed by and 
        carried out in accordance with a contract with an owner or 
        operator of the facility or vessel.
            ``(7) Railroad owners.--No person shall be liable under 
        this section for costs or damages at any facility to the extent 
        that liability is based solely on the status of the person as a 
        railroad owner or operator of a spur track, including a spur 
        track over land subject to an easement, to a facility that is 
        owned or operated by a person that is not affiliated with the 
        railroad owner or operator, if--
                    ``(A) the spur track provides access to a main line 
                or branch line track that is owned or operated by the 
                railroad;
                    ``(B) the spur track is 10 miles long or less; and
                    ``(C) the railroad owner or operator does not cause 
                or contribute to a release or threatened release at the 
                spur track.
            ``(8) Grantees of certain easements.--No person shall be 
        liable under this section for costs or damages at any facility 
        for a release or threat of release from the facility to the 
        extent that liability is based solely on the status of the 
        person as--
                    ``(A) a holder of a pipeline right-of-way or 
                easement; or
                    ``(B) a holder of a gas or oil lease;
if the holder of such right-of-way, easement, or lease did not cause, 
contribute to, or consent to the release or threat of release.
            ``(9) Inapplicability.--An exemption under paragraph (4), 
        (5), (6), (7), or (8) shall not apply to any person with 
        respect to any facility or vessel if it is demonstrated that--
                    ``(A) such person has impeded the performance of a 
                response action or natural resource damage restoration 
                at such facility or vessel;
                    ``(B) such person has refused to provide 
                cooperation and facility access to persons authorized 
                to conduct response actions or natural resource damage 
                restorations at the facility or vessel; or
                    ``(C) such person has not substantively complied 
                with all requests made under the authority of section 
                104(e) with respect to such facility or vessel.
            ``(10) Limitations on liability of municipalities.--
                    ``(A) Small municipalities.--With respect to a 
                facility listed on the National Priorities List at 
                which the predominant sources of contamination 
initially originated with parties liable under subparagraph (3) or (4) 
of subsection (a) prior to the enactment of the Superfund Reform Act, 
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 the date of enactment of this 
subsection 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).
                    ``(B) Aggregate liability of large 
                municipalities.--With respect to a facility listed on 
                the National Priorities List at which the predominant 
                sources of contamination originated with parties liable 
                under subparagraph (3) or (4) of subsection (a) prior 
                to the enactment of the Superfund Reform Act, 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 
                the date of enactment of this subsection 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).
                    ``(C) Aggregate liability of municipalities and 
                nonmunicipalities.--With respect to a facility listed 
                on the National Priorities List that is owned and 
                operated by a combination of small and large 
                municipalities or persons other than municipalities and 
                that is 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 28 of 
                title 40, Code of Federal Regulations (or a successor 
                regulation)--
                            ``(i) the allocator shall determine the 
                        proportion of the contamination of the landfill 
                        that was made during the ownership or operation 
                        of it by small and large municipalities and 
                        persons other than municipalities during the 
                        time the facility was in operation; and
                            ``(ii) shall allocate among the parties an 
                        appropriate percentage of total liability which 
                        for the municipal parties shall not exceed the 
                        aggregate liability percentages stated in 
                        paragraphs (1) and (2).
                    ``(D) Limitations.--The liability limitations of 
                this paragraph shall not apply to--
                            ``(i) a person that acted in violation of 
                        subtitle C of the Solid Waste Disposal Act (42 
                        U.S.C. Sec. 6921 et seq.);
                            ``(ii) a person that owned or operated a 
                        facility in violation of the applicable 
                        requirements for municipal solid waste landfill 
                        units under subtitle D of the Solid Waste 
                        Disposal Act (42 U.S.C. Sec. 6941 et seq.) 
                        after October 9, 1991;
                            ``(iii) a person that did not act pursuant 
                        to and in substantial compliance with any other 
                        applicable permit, license, or other approval 
                        or authorization relating to solid waste or 
                        sewage sludge disposal issued by an appropriate 
                        Federal, State, Indian tribe, or local 
                        government authority, and such violation caused 
                        contamination of the facility; or
                            ``(iv) a person that impedes the 
                        performance of a response action.
            ``(11) Treatment of non-liable parties.--The Administrator 
        shall seek to minimize the administrative and legal burdens on 
        parties that are not liable pursuant to this section. To the 
        extent practicable, the Administrator shall--
                    ``(A) inform such parties that they are exempted 
                from liability pursuant to this section, and offer them 
written assurances establishing their exempt status; and
                    ``(B) eliminate or minimize any need for such 
                parties to retain legal counsel in connection with 
                administrative or legal proceedings concerning the 
                facility at issue.
    ``(p) Significant Contributions.--For purposes of paragraphs (1), 
(2), and (3) of subsection (o), a demonstration that hazardous 
substances have contributed significantly or could contribute 
significantly to the costs of a response or to natural resource damages 
shall be based upon the following factors in relationship to the costs 
of the response or to the natural resource damages:
            ``(1) The degree to which the person caused, contributed 
        to, or consented to the release or threat of release of 
        hazardous substances at the facility.
            ``(2) The amount of hazardous substances contributed by the 
        person. Any person who arranged for the disposal or treatment, 
        or arranged with a transporter for transport for disposal or 
        treatment, of hazardous substances constituting less than one 
        percent by volume of the hazardous substances at a facility 
        shall be presumed not to have contributed significantly to the 
        costs of a response or to natural resource damages.
            ``(3) The degree of toxicity of the hazardous substances 
        contributed by the person.
            ``(4) The mobility of the hazardous substances contributed 
        by the person.
            ``(5) The degree of involvement of the person in the 
        generation, transportation, treatment, storage, or disposal of 
        the hazardous substances it contributed, including whether the 
        person exercised control over the owner or operator of the 
        facility or vessel during the period when such activities 
        occurred.
            ``(6) The degree of care exercised by the person with 
        respect to the hazardous substances it contributed, taking into 
        account the characteristics of the hazardous substances.
            ``(7) The cooperation of the person in performing any 
        response action and in providing complete and timely 
        information pursuant to sections 104(e) and 122(g)(2).''.
    (b) Effective Date and Transition Rules.--The amendments made by 
this section shall take effect upon the date of the enactment of this 
Act, except that such amendments shall not apply in the following:
            (1) Any action brought by any person other than the United 
        States under section 107 or 113 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        for contribution to response costs or natural resource damage 
        restoration actually incurred by such person before November 9, 
        1997.
            (2) Any action seeking indemnity, rights of defense, or 
        other rights under any contract of indemnification or 
        insurance.

SEC. 202. CLARIFICATIONS OF CERTAIN LIABILITY.

    (a) Amount of Liability.--Section 107(c)(3) (42 U.S.C. 9607(c)(3)) 
is amended in the first sentence by striking ``at least equal to,'' and 
all that follows through the end of the sentence and inserting ``up to 
three times the amount of such response costs.''.
    (b) Clarification of Common Carrier Liability.--Section 107(b)(3) 
is amended by striking out ``from a published tariff and acceptance 
for'' and inserting ``exclusively from a contract for''.
    (c) Other Clarifications.--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 (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''.
            (3) 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--''.
            (4) 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).
            (5) By adding the following new paragraph at the end 
        thereof:
            ``(6) The costs recoverable under this section shall not 
        include any costs incurred by the United States for management 
        support, for research and development, or for enforcement.''.

SEC. 203. AMENDMENTS TO SECTION 106.

    (a) Administrative Orders.--Section 106(a) (42 U.S.C. 9606(a)) is 
amended by adding at the end the following: ``The President may not 
amend such administrative orders or issue additional orders relating to 
the facility without a subsequent finding of an imminent and 
substantial endangerment. No order may be issued under this section 
against any person who would not be liable for costs or damages 
referred to in section 107(a). In any case in which the President 
issues an order to a person under this subsection, the President shall 
provide information concerning the evidence that indicates that each 
element of liability contained in section 107(a) is present. In the 
case of a person who is found liable by an allocator under section 128, 
the President may issue orders under this section only in accordance 
with section 128(m).''.
    (b) Sufficient Cause.--Section 106(b)(1) (42 U.S.C. 9606(b)(1)) is 
amended--
            (1) by inserting ``(A)'' after ``(b)(1)'';
            (2) by striking ``to enforce such order'';
            (3) by inserting before the period ``, or be required to 
        comply with such order, or both, even if another person has 
        complied, or is complying, with the terms of the same order or 
        another order pertaining to the same facility and release or 
        threatened release''; and
            (4) by inserting at the end the following:
    ``(B) For purposes of this subsection and section 107(c)(3), a 
`sufficient cause' includes, without limitation, an objectively 
reasonable belief by the person to whom the order is issued that--
            ``(i) the person is not liable for any response costs under 
        section 107; or
            ``(ii) that the action to be performed pursuant to the 
        order is inconsistent with the national contingency plan.

SEC. 204. CIVIL PROCEEDINGS.

    (a) Petitions.--Section 113(a) (42 U.S.C. 9613(a)) is amended as 
follows:
            (1) By striking ``upon application by any interested 
        person'' and inserting ``by any interested person through the 
        filing of a petition for review''.
            (2) By striking ``application shall be made'', and 
        inserting ``petition shall be filed''.
    (b) Period in Which Action May Be Brought.-- Section 113(g) (42 
U.S.C. 9613(g)) is amended by striking paragraphs (2) and (3) and 
inserting in lieu thereof the following:
            ``(2) Actions for recovery of costs.--(A) Except as 
        provided in subparagraph (C), an initial action for recovery of 
        costs referred to in section 107 must be commenced--
                    ``(i) for a removal action, within 3 years after 
                completion of all removal action taken with respect to 
                the facility, including off-site disposal of any 
                removed materials, except that if physical on-site 
                construction of the remedial action is initiated within 
                3 years after the completion of all removal action 
                taken with respect to the facility, costs incurred for 
                removal action may be recovered in a cost recovery 
                action brought under clause (ii); and
                    ``(ii) for a remedial action, within 6 years after 
                initiation of physical on-site construction of the 
                remedial action.
            ``(B) In any such action described in this paragraph, the 
        court shall enter a declaratory judgment on liability for 
        response costs or damages that will be binding in such action 
        or in any subsequent action or actions to recover further 
        response costs or damages. A subsequent action or actions under 
        section 107 for further response costs at the vessel or 
        facility may be maintained at any time during the response 
        action, but must be commenced no later than 3 years after the 
        date of completion of all response action. Except as otherwise 
        provided in this paragraph, an action may be commenced under 
        section 107 for recovery of costs at any time after such costs 
        have been incurred.
            ``(C) An action by any potentially responsible party 
        against another potentially responsible party for recovery of 
        any response costs or damages must be commenced within the 
        later of--
                    ``(i) the time limitations set forth in 
                subparagraph (A); or
                    ``(ii) where recovery is sought for costs or 
                damages paid pursuant to a judgment or settlement, 3 
                years after--
                            ``(I) the date of judgment in any action 
                        under this Act for recovery of such costs or 
                        damages, or
                            ``(II) the date of any administrative order 
                        or judicial settlement for recovery of the 
                        costs or damages paid or incurred pursuant to 
                        such a settlement.''.

SEC. 205. LIMITATIONS ON CONTRIBUTION ACTIONS.

    Section 113(f) (42 U.S.C. 9613(f)) is amended as follows:
            (1) By amending paragraph (1) as follows:
                    (A) By striking ``Any person'' in the first 
                sentence and inserting ``Except as provided in 
                paragraph (4), any person who is liable or potentially 
                liable under section 107(a)''.
                    (B) By striking ``, during or following any civil 
                action under section 106 or under section 107(a).'' and 
                inserting ``in a claim asserted under section 
                107(a).''.
                    (C) In the second sentence, by striking ``this 
                section'' and inserting ``section 107(a), this 
                section,''.
                    (D) By striking the sentence beginning with 
                ``Nothing in this subsection''.
            (2) By amending paragraph (2) to read as follows:
            ``(2) Settlements.--A person who has resolved its liability 
        to the United States in an administrative or judicially 
        approved settlement shall not be liable for contribution or any 
        other claims by any person other than a State acting under 
        section 107(a)(4)(A) (and not as a potentially responsible 
        party) regarding response actions, response costs, or damages 
        addressed in the settlement. A person who has resolved its 
        liability to a State or an Indian tribe in an administrative or 
        judicially approved settlement shall not be liable for 
        contribution or any other claims by persons other than the 
        United States Government acting under section 107(a)(4)(A) (and 
        not as a potentially responsible party) regarding response 
        actions, response costs or damages addressed in the settlement 
        for which the State or Indian tribe has a claim under this 
        title. Such settlement does not discharge any other potentially 
        responsible persons unless its terms so provide, but it reduces 
        the potential liability of such other persons by the amount of 
        the settlement. The protection afforded by this subsection 
        shall include protection against claims, under Federal or State 
        law, that may be asserted against the settling party for 
        recovery of response costs or damages incurred or paid by 
        another person, if such costs or damages are addressed in the 
        settlement, but shall not include protection against claims 
        based on contractual indemnification or other express 
        contractual agreements to pay such costs or damages.''.
            (3) By adding at the end the following new paragraph:
            ``(4) Limitations on contribution actions.--(A) There shall 
        be no right of contribution under this subsection in any of the 
        following circumstances:
                    ``(i) The person asserting the right of 
                contribution has waived the right in a settlement 
                pursuant to this Act.
                    ``(ii) The person from whom contribution is sought 
                is not liable under this Act.
                    ``(iii) The person from whom contribution is sought 
                has entered into a settlement with the United States 
                pursuant to section 122(g), with respect to matters 
                addressed in that settlement.
            ``(B) Any person who commences an action for contribution 
        shall be liable to the person against whom the claim of 
        contribution is brought for all reasonable costs of defending 
        against the claim, including all reasonable attorneys' and 
        expert witness fees, if--
                    ``(i) the action is barred by subparagraph (A);
                    ``(ii) the action is brought against a person who 
                is protected from such suits pursuant to section 
                113(f)(2) by reason of a settlement with the United 
                States; or
                    ``(iii) the action is brought during the moratorium 
                pursuant to section 128 (relating to allocation).''.

SEC. 206. LIABILITY OF RESPONSE ACTION CONTRACTORS.

    (a) Extension of Negligence Standard.--Subsection (a) of section 
119 (42 U.S.C. 9619(a)) is amended as follows:
            (1) In paragraph (1), by striking out ``title or under any 
        other Federal law'' and inserting in lieu thereof ``title, 
        under any other Federal law or under the law of any State or 
        political subdivision of a State''.
            (2) by adding at the end of paragraph (1) the following: 
        ``Notwithstanding the preceding sentence, this section shall 
        not apply in determining the liability of a response action 
        contractor under the law of any State or political subdivision 
        thereof if the State has adopted a law determining the 
        liability of a response action contractor.''.
            (3) By adding at the end of paragraph (2) the following: 
        ``Such conduct shall be evaluated based on the generally 
        accepted standards and practices in effect at the time and 
        place that the conduct occurred.''.
    (b) Extension of Indemnification Authority.--Section 119(c) is 
amended by adding at the end of paragraph (1) the following: ``Any such 
agreement may apply to claims for negligence arising under Federal law 
or under the law of any State or political subdivision of a State.''.
    (c) Indemnification for Threatened Releases.--Section 119(c)(5) is 
amended in subparagraph (A) by inserting ``or threatened release'' 
after ``release'' both places it appears.
    (d) Clarification of Liability.--Section 119(a) (42 U.S.C. 9219(a)) 
is amended by inserting after paragraph (4) the following new 
paragraph:
            ``(5) Liability.--Notwithstanding any other provision of 
        this Act, any liability of a response action contractor under 
        this Act shall be determined solely in accordance with this 
        section.''.
    (e) Limitation on Actions.--Section 119 is amended by adding at the 
end the following new subsection:
    ``(g) Limitation on Actions Against Response Action Contractors.--
No action to recover for any injury to property, real or personal, or 
for bodily injury or wrongful death, or any other expenses or costs 
arising out of the performance of services under a response action 
contract, nor any action for contribution or indemnity for damages 
sustained as a result of such injury, shall be brought against any 
response action contractor more than 6 years after the completion of 
work at any site under such contract. Notwithstanding the preceding 
sentence, this section shall not--
            ``(1) bar recovery for a claim caused by the conduct of the 
        response action contractor that is grossly negligent or that 
        constitutes intentional misconduct;
            ``(2) affect any right of indemnification that such 
        response action contractor may have under this section or may 
        acquire by written agreement with any party; or
            ``(3) apply in any State or political subdivision thereof 
        it the State has adopted a statute of repose determining the 
        liability of a response action contractor.''.
    (f) Extension Relating to Sureties.--(1) Section 119(e)(2) is 
amended in subparagraph (C) by striking ``and before January 1, 
1996,''.
    (2) Section 119(g)(5) is amended by striking out ``, or after 
December 31, 1995''.
    (g) Extension of Coverage to All Response Actions.--Section 
119(e)(1) is amended as follows:
            (1) By striking ``carrying out an agreement under section 
        106 or 122''.
            (2) By striking ``any remedial action under this Act at a 
        facility listed on the National Priorities List, or any removal 
        action under this Act,'' and inserting in lieu thereof ``any 
        response as defined by section 101(25),''.

SEC. 207. EXPEDITED FINAL SETTLEMENTS.

    Section 122 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 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.--The 
        President shall, as promptly as possible, offer to reach a 
        final administrative or judicial settlement with potentially 
        responsible parties who, in the judgment of the President, meet 
        one or more of the following conditions for eligibility for an 
        expedited settlement:
                    ``(A) The potentially responsible party's liability 
                is based solely on paragraph (3) or (4) of section 
                107(a) and the party's individual contribution of 
                hazardous substances at the facility is de minimis. The 
                contribution of hazardous substances 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 insignificant in 
                        comparison to the total volumetric 
                        contributions of materials containing hazardous 
                        substances at the facility. An individual 
                        contribution is presumed to be insignificant if 
                        it is one percent or less of the total 
                        volumetric contribution at the facility, unless 
                        the Administrator identifies a different 
                        threshold based on site-specific factors.
                            ``(ii) The potentially responsible party's 
                        hazardous substances do not present toxic or 
                        other hazardous effects that are significantly 
                        greater than those of other hazardous 
                        substances at the facility.''.
            (2) Such subsection (g) is further amended by inserting 
        after subparagraph (B) of paragraph (1) the following:
                    ``(C)(i) The potentially responsible party's 
                liability is based solely on paragraph (3) or (4) of 
                section 107(a), and the potentially responsible party 
                can demonstrate an inability to pay response costs.
                    ``(ii) For purposes of this subparagraph, the 
                following provisions apply:
                            ``(I) In the case of a small business, the 
                        President shall take into consideration the 
                        ability to pay of the business, if requested by 
                        the business. The term `ability to pay' means 
                        the President's reasonable expectation of the 
                        ability of the small business to pay its total 
                        settlement amount and still maintain its basic 
                        business operations. Such consideration shall 
                        include the business's overall financial 
                        condition and demonstrable constraints on its 
                        ability to raise revenues.
                            ``(II) Any business requesting such 
                        consideration shall promptly provide the 
                        President with all relevant information needed 
                        to determine the business's ability to pay.
                            ``(III) The business shall demonstrate the 
                        amount of its ability to pay. If the business 
                        employs fewer than 75 employees or has annual 
                        gross revenues of less than $5,000,000, the 
                        President shall perform any analysis that may 
                        be required to demonstrate the business's 
                        ability to pay. The President, in his 
                        discretion, may perform such analysis for any 
                        other party or require such other party to 
                        perform the analysis.
                            ``(IV) If the President determines that a 
                        small business is unable to pay its total 
                        settlement amount immediately, the President 
                        shall consider alternative payment methods as 
                        may be necessary or appropriate. The methods to 
                        be considered may include installment payments 
                        to be paid during a period of not to exceed 10 
                        years and the provision of in-kind services.
                    ``(iii) Any municipality which is a potentially 
                responsible party may submit for consideration by the 
                President an evaluation of the potential impact of the 
                settlement on essential services that the municipality 
                must provide, and the feasibility of making delayed 
                payments or payments over time. If a municipality 
                asserts that it has additional environmental 
                obligations besides its potential liability under this 
                Act, then the municipality may create a list of the 
                obligations, including an estimate of the costs of 
                complying with such obligations.
                    ``(iv) Any municipality which is a potentially 
                responsible party may establish an inability to pay 
                through an affirmative showing that such payment of its 
                liability under this Act would either--
                            ``(I) create a substantial demonstrable 
                        risk that the municipality would default on 
                        existing debt obligations, be forced into 
                        bankruptcy, be forced to dissolve, or be forced 
                        to make budgetary cutbacks that would 
                        substantially reduce current levels of 
                        protection of public health and safety; or
                            ``(II) necessitate a violation of legal 
                        requirements or limitations of general 
                        applicability concerning the assumption and 
                        maintenance of fiscal municipal obligations.
                    ``(v) This subparagraph shall not limit or affect 
                the President's authority to evaluate any person's 
                ability to pay or to enter into settlements with any 
                person based on that person's inability to pay.''.
            (3) Paragraphs (2) and (3) of subsection (g) are 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 (relating to allocation 
        information-gathering authority) 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. The President's determination as to the 
        eligibility of a party that is not a department, agency, or 
        instrumentality of the United States for settlement pursuant to 
        this section shall not be subject to judicial review. If the 
        President determines that a party is not eligible for a 
        settlement pursuant to this section, the President shall 
        explain the basis for that determination in writing to any 
        person who requests such a settlement.
            ``(3) Additional factors relevant to settlements with 
        municipalities.--In any settlement with a municipality pursuant 
        to this Act, the President may take additional equitable 
        factors into account in determining an appropriate settlement 
        amount, including the limited resources available to that 
        party, and any in-kind services that the party may provide to 
        support the response action at the facility. In considering the 
        value of in-kind services, the President shall consider the 
        fair market value of those services.''.
            (4) Subsection (g) is further amended by amending paragraph 
        (5) by inserting the following before the first sentence: ``A 
        party who enters into a settlement pursuant to paragraph (1)(A) 
        or (1)(C) of this subsection shall be deemed to have resolved 
        its liability under this Act to the United States for all 
        matters addressed in the settlement.''.
            (5) Subsection (h) is amended as follows:
                    (A) By amending the heading to read as follows: 
                ``Authority To Settle Claims for Fines, Civil 
                Penalties, Punitive Damages, and Cost Recovery.--''.
                    (B) In paragraph (1):
                            (i) In the first sentence, by striking 
                        ``costs incurred'' and inserting ``past and 
                        future costs incurred or that may be 
                        incurred''.
                            (ii) In the first sentence, by inserting 
                        after ``if the claim has not been referred to 
                        the Department of Justice for further action.'' 
                        the following: ``The head of any department or 
                        agency with the authority to seek fines, civil 
                        penalties, or punitive damages under this Act 
                        may consider, compromise, and settle claims for 
                        any such fines, civil penalties, or punitive 
                        damages which may otherwise be assessed in 
                        civil administrative or judicial proceedings if 
                        the claim has not been referred to the 
                        Department of Justice for further action.''.

SEC. 208. ALLOCATIONS AT MULTI-PARTY FACILITIES.

    Title I (42 U.S.C. 9601 et seq.) is amended by adding after section 
127 the following new section:

``SEC. 128. ALLOCATIONS AT MULTI-PARTY FACILITIES.

    ``(a) Eligibility for Allocation.--
            ``(1) Mandatory allocation.--Except as provided in 
        paragraph (2), the President shall initiate the allocation 
        process established under this section for each response action 
        at a non-federally owned facility listed on the National 
        Priorities List which is eligible for fair share funding under 
        this section.
            ``(2) Ineligible response actions.--The allocation process 
        under this section shall not apply to any response action for 
        which there has been a final settlement, decree, or order that 
        determined the liability and share of responsibility of all 
        potentially responsible parties at the facility before November 
        9, 1997.
            ``(3) Scope of allocations.--Each allocation under this 
        section shall apply to the costs incurred on or after November 
        9, 1997, in performing any response actions at a facility that 
        have not been completed before November 9, 1997, unless the 
        allocator determines, in consultation with the President, that 
        it should apply only to one or more of such response actions at 
        the facility.
    ``(b) Moratorium on Litigation and Enforcement.--
            ``(1) Moratorium on litigation.--No person may commence any 
        civil action or assert any claim under this Act seeking 
        recovery of any response costs, or contribution toward such 
        costs, in connection with any response action at a facility for 
        which the President is required to initiate an allocation under 
        this section, until 90 days after issuance of the allocator's 
        report or of a second or subsequent report under this section.
            ``(2) Stay.--If any action or claim referred to in 
        paragraph (1) is pending on the date of enactment of this 
        section or on the date by which the President is required to 
initiate an allocation, such action or claim (including any pendent 
claim under State law over which a court is exercising jurisdiction) 
shall be stayed until 90 days after the issuance of the allocator's 
report or of a second or subsequent report under this section, unless 
the court determines that a stay will result in manifest injustice.
            ``(3) Tolling of limitations period.--Any applicable 
        limitations period with respect to actions subject to paragraph 
        (1) shall be tolled from the earlier of--
                    ``(A) the date of listing of the facility on the 
                National Priorities List, if such listing occurs after 
                the date of enactment of this section; or
                    ``(B) the date by which the President is required 
                to initiate the allocation process pursuant to this 
                section;
        until 90 days after the issuance of the allocator's report or a 
        second or subsequent report under this section.
            ``(4) Moratorium on enforcement.--After the date of 
        enactment of this section, the Administrator shall not issue 
        any order nor require the Attorney General to maintain any suit 
        under section 106 to or against any persons at any facility 
        that is the subject of an allocation under subsection (a) until 
        90 days after the issuance of the allocator's report or of a 
        second or subsequent report under this section, except an order 
        requiring the performance of a response action that is 
        necessary to address a release at the facility that constitutes 
        a public health or environmental emergency. Nothing in this 
        subparagraph shall affect the Administrator's ability to 
        respond to releases or threatened releases of hazardous 
        substances pursuant to section 104 prior to such time and seek 
        recovery of such costs pursuant to section 107.
    ``(c) Allocation Process.--
            ``(1) Flexible process.--Each allocation under this section 
        shall be performed by a neutral third-party allocator, who 
        shall conduct the allocations--
                    ``(A) in a fair and impartial manner;
                    ``(B) in an efficient, orderly, time-sensitive 
                manner; and
                    ``(C) in a manner consistent with section 
                107(o)(11) that imposes as few burdens as possible on 
                parties not liable for response costs.
            ``(2) Initiation of allocation.--The President shall 
        initiate the allocation process for a facility by performing a 
        comprehensive search for all parties potentially liable 
        pursuant to section 107(a) at the facility not later than the 
        date of the commencement of the remedial investigation at the 
        facility. With respect to a facility eligible for an allocation 
        where a remedial investigation has been completed as of the 
        date of enactment of the Superfund Reform Act, the 
        Administrator shall initiate allocations as expeditiously as 
        possible, but in any event not later than 12 months after such 
        date of enactment.
            ``(3) Retention of allocator.--The Administrator shall, not 
        later than 90 days after initiating the allocation process, 
        enter into a contract with a neutral allocator for the 
        performance of the allocation. The President, not later than 90 
        days after the date of enactment of the Superfund Reform Act, 
        shall establish by rule a process for the expedited selection 
        and retention by contract at each facility of a neutral 
        allocator, acceptable both to the potentially responsible 
        parties and to a representative of the Fund, to conduct the 
        allocations under this section. Each contract by which the 
        Administrator retains an allocator shall authorize the 
        allocator to acquire reasonable support services, including 
        secretarial, clerical, computer support, legal, and 
        investigative services. The President shall not issue any rule 
        that limits the discretion of the allocator in the conduct of 
        the allocation.
            ``(4) Parties to the allocation.--
                    ``(A) Federal government.--The Administrator or the 
                Attorney General shall participate in the allocation 
                process as the representative of the Fund.
                    ``(B) Allocation parties.--
                            ``(i) Initial allocation parties.--Promptly 
                        after the retention of an allocator, the 
                        Administrator shall transmit to the allocator a 
                        list of all potentially responsible parties at 
                        the facility. Such list shall specifically 
                        designate parties that, in the judgment of the 
                        Administrator based on a preponderance of the 
                        evidence using the factors set forth in section 
                        107(p), are liable under section 107(a), 
                        notwithstanding the exemptions to liability set 
                        forth in section 107(o). For purposes of this 
                        section, such parties shall be known as 
                        significant contributors. Such list shall also 
                        designate the parties whose liability, in the 
judgment of the Administrator, is eliminated or limited pursuant to 
section 107(o). The Administrator shall also transmit to the allocator 
all information gathered concerning the involvement of all parties at 
the facility.
                            ``(ii) Nominated parties.--The allocator 
                        shall allow each potentially responsible party 
                        on the list transmitted by the Administrator 
                        under clause (i) a period of 60 days to 
                        nominate additional potentially responsible 
                        parties. Each such nomination shall include all 
                        available information regarding the potential 
                        liability of each person named and a 
                        recommendation on whether the person should be 
                        considered to be a significant contributor as 
                        defined in section 107(p). The allocator shall 
                        not include a nominated person on the list of 
                        allocation parties unless it appears from the 
                        nomination, based on a preponderance of the 
                        evidence, that the person is potentially liable 
                        under section 107(a). Any allocation party that 
                        receives a zero share in the allocator's final 
                        report shall be entitled to recover three times 
                        its costs of participating in the allocation 
                        process (including reasonable attorney's fees) 
                        from any person that nominated the party. Any 
                        allocation party that is not identified in the 
                        allocator's final report as a significant 
                        contributor shall be entitled to recover its 
                        costs of participating in the allocation 
                        process (including reasonable attorney's fees) 
                        from any person that recommended to the 
                        allocator that such allocation party be 
                        considered a significant contributor.
    ``(d) Information-Gathering Authority.--The allocator may gather 
such information as necessary to conduct a fair and impartial 
allocation. The allocator may--
            ``(1) exercise the information-gathering authority of the 
        Administrator under section 104(e);
            ``(2) in the allocator's sole discretion, permit discovery 
        or conduct hearings;
            ``(3) request that the Attorney General enforce any 
        information request or subpoena issued by the allocator and, if 
        the Attorney General does not respond promptly to the request, 
        retain counsel to enforce the information request or subpoena; 
        and
            ``(4) request that the Attorney General seek to impose 
        civil penalties for any failure to submit a complete and timely 
        answer to an information request or subpoena or for any 
        unlawful conduct within the allocation process, or criminal 
        penalties under section 1001 of title 18, United States Code, 
        for any false or misleading material statements in connection 
        with the allocation process.
    ``(e) Confidentiality of Information.--
            ``(1) In general.--All persons involved in the allocation 
        shall assure the confidentiality at all times of all 
        information submitted to the allocator. Information submitted 
        to the allocator shall not be--
                    ``(A) disclosed to any person except as may be 
                required by court order, issued only when necessary to 
                prevent manifest injustice;
                    ``(B) subject to disclosure to any person under 
                section 552 of title 5, United States Code; or
                    ``(C) discoverable or admissible in any Federal, 
                State, or local judicial or administrative proceeding 
                (if not independently discoverable or admissible).
            ``(2) No waiver.--The submission to the allocator of 
        information shall not constitute a waiver of any privilege 
        under any Federal or State law or rule.
    ``(f) Equitable Factors for Allocation.--
            ``(1) Factors.--The allocator shall prepare a nonbinding 
        allocation of percentage shares of responsibility to each 
        allocation party and to the fair share funding (as defined in 
        subsection (g)), in accordance with the provisions of this 
        section and without regard to any theory of joint and several 
        liability, based on the following:
                    ``(A) The degree to which the allocation party 
                caused, contributed to, or consented to the release or 
                threat of release of hazardous substances at the 
                facility.
                    ``(B) The amount of hazardous substances 
                contributed by each allocation party.
                    ``(C) The degree of toxicity of the hazardous 
                substances contributed by each allocation party.
                    ``(D) The mobility of the hazardous substances 
                contributed by each allocation party.
                    ``(E) The degree of involvement of each allocation 
                party in the generation, transportation, treatment, 
storage, or disposal of the hazardous substances it contributed.
                    ``(F) The degree of care exercised by each 
                allocation party with respect to the hazardous 
                substances it contributed, taking into account the 
                characteristics of the hazardous substances.
                    ``(G) The cooperation of each allocation party in 
                performing any response action and in providing 
                complete and timely information to the allocator.
                    ``(H) Such other equitable factors as the allocator 
                determines are appropriate.
            ``(2) Presumption.--The allocator shall presume that the 
        parties designated by the Administrator pursuant to subsection 
        (c)(4)(B) as parties whose liability is eliminated under 
        section 107(o) are not significant contributors. Such 
        presumption is rebuttable by a preponderance of the evidence.
    ``(g) Fair Share Funding.--For each response action that is the 
subject of an allocation under this section, the allocator shall 
determine the share of liability, if any, to be allocated to the Fund 
for that response action. Such amount shall be referred to as the `fair 
share funding' of that response action. The fair share funding shall 
consist of the sum of following amounts:
            ``(1) The amount attributable to the aggregate share of 
        liability that the allocator determines to be attributable to 
        insolvent, defunct, or unidentifiable parties that are not 
        affiliated with any viable allocation party.
            ``(2) The amount that is the difference between--
                    ``(A) the amount attributable to the aggregate 
                share of liability that the allocator determines to be 
                attributable to allocation parties who have resolved 
                their liability to the United States for the response 
                action; and
                    ``(B) the amount actually paid by those parties to 
                the United States to resolve their liability.
            ``(3) The amount attributable to the aggregate share of 
        liability that the allocator determines to be attributable to 
        persons (known or unknown) who are entitled to an exemption 
        from liability under section 107(o) or any other provision of 
        this Act.
    ``(h) Allocator's Report.--Not later than 24 months after the date 
on which the Administrator enters into a contract to retain an 
allocator, the allocator shall provide a written final allocation 
report to the Administrator and the allocation parties specifying the 
percentage share of responsibility of each allocation party (without 
regard to section 107(o)) and of the fair share funding. The allocator 
shall separately list those parties that are significant contributors 
as defined in section 107(p) (and therefore remain liable for response 
costs), and those parties that are not liable pursuant to section 
107(o). Before issuing the final allocation report, the allocator shall 
allow each allocation party to comment on a draft allocation report. 
The allocator's actions shall not be subject to judicial review.
    ``(i) Complete Allocation by the Parties.--The allocator shall 
promptly adopt, in lieu of issuing any allocation report, any agreement 
among some or all of the allocation parties that allocates 80 percent 
of the recoverable costs of a response action at a facility to the 
signatories, if the settlement contains a waiver of all claims against 
all other allocation parties for contribution toward such costs.
    ``(j) 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 90 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 90 days after the date on which 
        the United States accepts a settlement offer (excluding an 
        expedited settlement under section 122(g)) based on the 
        allocation.
            ``(3) 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 an 
        Assistant Attorney General with authority for implementing this 
        Act.
    ``(k) Second and Subsequent Allocations.--If a report is rejected 
under subsection (j), 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. The moratorium and tolling 
provisions of subsection (b) shall then be extended until 180 days 
after the date of the issuance of any second or subsequent allocation 
report.
    ``(l) Settlements Based on Allocations.--
            ``(1) Cash-out settlements.--Subject to the Administrator's 
        authority pursuant to subsection (m), any allocation party 
        shall be entitled to resolve its liability to the United States 
        for response actions subject to an 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 its allocated share as specified by the allocator; 
                and
                    ``(B) agrees to the other terms and conditions 
                stated in this subsection.
            ``(2) Performance settlements.--Using the procedures set 
        forth in section 122, the Administrator and one or more parties 
        may enter into an agreement requiring the performance of 
        response actions subject to an allocation.
            ``(3) Provisions of settlements.--Each settlement based on 
        an allocation under this subsection shall include--
                    ``(A) a waiver of contribution rights against all 
                persons that are potentially responsible parties for 
                any response action addressed in the settlement;
                    ``(B) a covenant not to sue consistent with section 
                122(f) and, except in the case of a cash-out 
                settlement, provisions regarding performance or 
                adequate assurance of performance of the response 
                action;
                    ``(C) in the case of a settlement under paragraph 
                (1), a premium, not to exceed 10 percent, that is 
                calculated on a facility-specific basis and reflects 
                the actual risk to the United States of not recovering 
                response costs for the response action, despite the 
                diligent prosecution of litigation against any viable 
                allocation party that has not resolved its liability to 
                the United States, except that no premium shall apply 
                if all allocation parties participate in the settlement 
                or if the settlement covers 100 percent of the response 
                costs subject to the allocation;
                    ``(D) complete protection from all claims for 
                contribution regarding the response action addressed in 
                the settlement; and
                    ``(E) provisions through which a settling party 
                shall receive prompt reimbursement from the Fund under 
                subsection (n) of any response costs incurred by the 
                party for any response action that is the subject of 
                the allocation in excess of the allocated share of the 
                party.
    ``(m) Administrative Orders.--
            ``(1) Post-allocation issuance of section 106 orders.--
        Except as provided in paragraph (2), upon the expiration of the 
        moratorium period under subsection (b)(4), the President may 
        issue orders under section 106 to a person or persons found 
        liable at the facility by the allocator only if the aggregate 
        allocated share or shares of such person's or persons' 
        liability exceed 15 percent.
            ``(2) Waiver.--The President may issue an order under 
        section 106 to a person to whom the President otherwise would 
        be prohibited from issuing an order under paragraph (1) if the 
        person waives in writing the prohibition provided by paragraph 
        (1) against being issued an order.
            ``(3) Order in lieu of other action for recovery.--An 
        administrative order issued under section 106 shall be in lieu 
        of any action by the United States or any other person against 
        a party for recovery of response costs in connection with the 
        response action, or for contribution toward the costs of the 
        response action.
    ``(n) Post-Allocation Performance.--
            ``(1) In general.--An allocation party that incurs costs 
        after the date of enactment of this section for the performance 
        (whether under a consent decree or settlement or under an 
        administrative order issued under section 106) of a response 
        action that is the subject of an allocation under this section 
        to an extent that exceeds the percentage share of the 
        allocation party, as determined by the allocator, shall be 
        entitled to prompt reimbursement from the Fund of the excess 
        amount. Such right to reimbursement shall not be contingent on 
        recovery by the United States of any response costs from any 
        person.
            ``(2) Terms and conditions.--
                    ``(A) Timing.--
                            ``(i) In general.--A reimbursement payment 
                        shall be paid during the course of the response 
                        action that was the subject of the allocation, 
                        with reasonable progress payments at 
                        significant milestones.
                            ``(ii) Construction.--Reimbursement for the 
                        construction portion of the response action 
                        shall be paid not later than 120 days after the 
                        date of actual completion of the construction.
                    ``(B) Equitable offset.--A reimbursement payment is 
                subject to equitable offset or recoupment by the 
                Administrator at any time if the allocation party fails 
                to perform the response action in a proper and timely 
                manner.
                    ``(C) Waiver.--An allocation party seeking 
                reimbursement under this subsection waives the right to 
                seek recovery of response costs in connection with the 
                response action, or contribution toward the response 
                costs, from any other person.
            ``(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 any settlement between the United States and the 
                allocation parties pursuant to subsection (l).-
                    ``(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.
    ``(o) Post-Settlement Litigation.--
            ``(1) In general.--Subject to subsection (l), and on the 
        expiration of the moratorium period under subsection (b)(4), 
        the Administrator may commence an action under section 107 
        against any party that has not resolved its liability to the 
        United States following an allocation and may seek to recover 
        any response costs not recovered through settlements with other 
        persons, including all or any of the amounts constituting the 
        fair share funding.
            ``(2) Certification.--In commencing or maintaining an 
        action under section 107 against a party after the expiration 
        of the moratorium period under subsection (b)(4), the Attorney 
        General shall certify in the complaint that the defendant 
        failed to settle the matter based on the share that the 
        allocation report assigned to the party.
            ``(3) Impleader.--A defendant in an action under paragraph 
        (1) may implead an allocation party only if the allocation 
        party did not resolve its liability to the United States.
            ``(4) Response costs.--
                    ``(A) Allocation process.--The cost of implementing 
                the allocation process under this section, including 
                reasonable fees and expenses of the allocator, shall be 
                deemed a necessary response cost.
                    ``(B) Funding of fund shares.--The costs of all 
                fair share funding under this section--
                            ``(i) shall be considered as a necessary 
                        cost of response; and
                            ``(ii) shall be recoverable under section 
                        107 only from an allocation party that has not 
                        reached a settlement under subsection (l) and 
                        has not received an order issued under section 
                        106.''.

SEC. 209. TRANSITION RULES RELATING TO CERTAIN NONLIABLE PARTIES.

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

``SEC. 129. TRANSITION RULES RELATING TO CERTAIN NONLIABLE PARTIES.

    ``(a) Costs Incurred After November 7, 1997, by Nonliable 
Parties.--With respect to facilities for which an allocation under 
section 128 has been performed, the Administrator shall reimburse 
nonliable parties for costs of response incurred by them after November 
9, 1997, at such facilities in accordance with the reimbursement 
provisions in section 128(n).
    ``(b) Continued Performance Required.--The amendments to this Act 
made by the Superfund Reform Act shall not affect the responsibility of 
a nonliable party to perform a response action if ordered to do so 
under section 106 or if required to do so under a settlement or consent 
decree entered into with the United States before the date of the 
enactment of this section.
    ``(c) Nonliable Party Defined.--For purposes of this section, the 
term `nonliable party' means a potentially responsible party who 
becomes exempt from liability under this Act on the date of the 
enactment of the Superfund Reform Act because of the amendments made by 
that Act.''.

SEC. 210. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING 
              TRANSACTIONS.

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

``SEC. 130. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--As provided in subsections (b), 
(c), (d), and (e), a person who arranged for the recycling of a 
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 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 
        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 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 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), a person who, by 
        contract, arranges or pays for processing of batteries by an 
        unrelated third person and receives from such third person 
        materials reclaimed from such batteries shall not thereby be 
        deemed to recover the valuable components of such batteries.
    ``(f) 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 procedural 
                        or administrative) provision of any Federal, 
                        State, or local environmental law or 
                        regulation, or compliance order or decree 
                        issued pursuant thereto, applicable to the 
                        handling, processing, reclamation, or other 
                        management activities associated with the 
                        recyclable material;
                    ``(B) the person had reason to believe that 
                hazardous substances had been added to the recyclable 
                material for purposes other than processing for 
                recycling;
                    ``(C) the person failed to exercise reasonable care 
                with respect to the management and handling of the 
                recyclable material (including adhering to customary 
                industry practices current at the time of the recycling 
                transaction designed to minimize, through source 
                control, contamination of the recyclable material by 
                hazardous substances); or
                    ``(D) with respect to any item of a recyclable 
                material, the item--
                            ``(i) contained polychlorinated biphenyls 
                        at a concentration in excess of 50 parts per 
                        million or any new standard promulgated 
                        pursuant to applicable Federal laws; or
                            ``(ii) is an item of scrap paper containing 
                        at the time of the recycling transaction a 
                        concentration of a hazardous substance that has 
                        been determined by the Administrator, after 
                        notice and comment, to present a significant 
                        risk to human health or the environment in 
                        light of the nature of scrap paper management 
                        and recycling.
            ``(2) For purposes of this subsection, an objectively 
        reasonable basis for belief shall be determined using criteria 
        that include (but are limited to) the size of the person's 
        business, customary industry practices (including customary 
        industry practices current at the time of the recycling 
        transaction designed to minimize, through source control, 
        contamination of the recyclable material by hazardous 
        substances), the price paid in the recycling transaction, and 
        the ability of the person to detect the nature of the consuming 
        facility's operations concerning its handling, processing, 
        reclamation, or other management activities associated with the 
        recyclable material.
            ``(3) 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) Regulations.--The Administrator has the authority, under 
section 115, to promulgate additional regulations concerning this 
section.
    ``(i) 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.
    ``(j) Liability for Attorney's Fees for Certain Actions.--Any 
person who commences an action in 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.
    ``(k) 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.''.

                         TITLE III--BROWNFIELDS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Land Recycling Act of 1997''.

SEC. 302. FINDINGS.

    (a) Findings.--Congress finds the following:
            (1) Brownfields are parcels of land that contain or 
        contained abandoned or under used commercial or industrial 
        facilities, the expansion or redevelopment of which is 
        complicated by the actual or potential presence of hazardous 
        substances, pollutants, or contaminants.
            (2) Brownfields, which may number in the hundreds of 
        thousands nationwide, threaten the environment, devalue 
        surrounding property, erode State and local tax bases, and 
        prevent job growth.
            (3) The primary environmental reason that current owners 
        and prospective developers do not redevelop brownfields is 
        their legitimate fears about the potential liability under 
        environmental laws associated with the cleanup and 
        redevelopment of these sites.
            (4) Current Federal law poses a barrier to the cleanup and 
        redevelopment of brownfields, leading instead to the 
        development of so-called greenfields, contributing to urban 
        sprawl, creating infrastructure problems, and reducing 
        recreational and agricultural opportunities.
            (5) Cleanup and redevelopment of brownfields will reduce 
        environmental contamination, encourage job growth, enhance 
        State and local tax bases, and curb the development of 
        greenfields.
            (6) Many States have enacted voluntary cleanup programs to 
        address the brownfields problem by allowing for the 
        consideration of future land use in deciding appropriate 
        cleanup standards and providing clear releases of liability 
        upon completion of cleanups.
            (7) State voluntary response programs have been very 
        effective in promoting the cleanup and redevelopment of 
        brownfields while ensuring the adequate protection of human 
        health and the environment.
    (b) Purposes and Objectives.--The purposes and objectives of this 
section are--
            (1) to increase significantly the pace of response 
        activities at contaminated sites by promoting and encouraging 
        the creation, development, and enhancement of State voluntary 
        response programs; and
            (2) to remove existing Federal barriers to the cleanup of 
        brownfield sites; and
            (3) to benefit the public health, welfare, and the 
        environment by cleaning up and returning contaminated sites to 
        economically productive or other beneficial uses.

SEC. 303. CLEANUPS PURSUANT TO STATE VOLUNTARY RESPONSE PROGRAM.

    (a) Prohibition on Enforcement.--Except as otherwise provided in 
this section, neither the President nor any other person (other than a 
State) may use any authority of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) or of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) to 
commence an administrative or judicial action under either of those 
Acts with respect to any release or threatened release at a facility 
that is, or has been, the subject of a voluntary response plan in a 
State that meets the requirements of subsection (b).
    (b) State Requirements.--The prohibition in subsection (a) applies 
with respect to a facility in a State only if the State submits to the 
Administrator of the Environmental Protection Agency a certification 
that the State has enacted into law a voluntary response program, that 
the State has committed the financial and personnel resources necessary 
to carry out such program, and that such program will be implemented in 
a manner protective of human health and the environment.
    (c) Limitation on Prohibition.--The prohibition under subsection 
(a) and the exemption under subsection (f) shall not apply with respect 
to--
            (1) any facility listed on the National Priorities List, 
        unless the Administrator, on a facility-by-facility basis and 
        pursuant to an agreement with the State concerned, makes a 
        finding that a facility listed on the National Priorities List 
        is eligible to participate in a State voluntary cleanup program 
        meeting the requirements of subsection (b);
            (2) any facility for which the Governor of a State has 
        requested Environmental Protection Agency assistance to perform 
        a response action;
            (3) any facility owned or operated by a department, agency, 
        or instrumentality of the United States; or
            (4) a release or threatened release to the extent that a 
        response action is required pursuant to an administrative order 
        or judicial order or decree entered into by the United States 
        under any of the following laws:
                    (A) The Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).
                    (B) The Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.).
                    (C) The Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.).
                    (D) The Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.).
                    (E) Title XIV of the Public Health Service Act 
                (commonly known as the Safe Drinking Water Act) (42 
                U.S.C. 300f et seq.).
    (d) Authority To Gather Information.--The prohibition in subsection 
(a) shall not affect the authority of the Administrator to carry out 
investigations, monitoring, surveys, testing, or other information 
gathering authorized under section 104(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(b)) at facilities where there may be an imminent and 
substantial endangerment to human health or the environment, but only 
for purposes of determining whether the facility qualifies for listing 
on the National Priorities List pursuant to section 105 of that Act.
    (e) Prior Actions.--Nothing in this section shall affect 
administrative or judicial action commenced prior to the date of 
enactment of this section.
    (f) Permits and Other Requirements.--No Federal permit or permit 
revision shall be required for response actions conducted entirely 
onsite to respond to releases that are subject to the prohibition under 
subsection (a).
    (g) Definitions.--For purposes of this section:
            (1) Voluntary response program.--The term ``voluntary 
        response program'' means a program established by a State 
        specifically to allow a person to respond voluntarily to the 
        release or threatened release of hazardous substances at 
        facilities in the State.
            (2) Voluntary response plan.--The term ``voluntary response 
        plan'' means a plan for responding to the release or threatened 
        release of hazardous substances at a particular facility under 
        a State voluntary response program.
    (h) Assistance to States.--The Administrator shall provide 
technical, financial, and other assistance to States to establish and 
enhance voluntary response programs. The Administrator shall encourage 
the States to develop risk sharing pools, indemnity pools, or 
insurance mechanisms to provide financing for response actions under 
their voluntary response programs.
    (i) Effect of Response.--Performance of a voluntary response action 
pursuant to this section shall not constitute an admission of liability 
under any Federal, State, or local law or regulation or in any citizens 
suit or other private action.

SEC. 304. INNOCENT LANDOWNERS.

    (a) In General.--Section 107 (42 U.S.C. 9607) is further amended by 
adding at the end the following new subsection:
    ``(q) Innocent Landowners.--
            ``(1) Conduct of environmental assessment.-- A person who 
        has acquired real property shall have made all appropriate 
        inquiry within the meaning of subparagraph (B) of section 
        101(35) if he establishes that, within 180 days prior to the 
        time of acquisition, an environmental site assessment of the 
        real property was conducted which meets the requirements of 
        this subsection.
            ``(2) Definition of environmental site assessment.--For 
        purposes of this subsection, the term `environmental site 
        assessment' means an assessment conducted in accordance with 
        the standards set forth in the American Society for Testing and 
        Materials (ASTM) Standard E1527-94, titled `Standard Practice 
        for Environmental Site Assessments: Phase I Environmental Site 
        Assessment Process' or with alternative standards issued by 
        rule by the Administrator or promulgated or developed by others 
        and designated by rule by the Administrator. Before issuing or 
        designating alternative standards, the Administrator shall 
        first conduct a study of commercial and industrial practices 
        concerning environmental site assessments in the transfer of 
        real property in the United States. Any such standards issued 
        or designated by the Administrator shall also be deemed to 
        constitute commercially reasonable and generally accepted 
        standards and practices for purposes of this paragraph. In 
        issuing or designating any such standards, the Administrator 
        shall consider requirements governing each of the following:
                    ``(A) Interviews of owners, operators, and 
                occupants of the property to determine information 
                regarding the potential for contamination.
                    ``(B) Review of historical sources as necessary to 
                determine previous uses and occupancies of the property 
                since the property was first developed. For purposes of 
                this subclause, the term `historical sources' means any 
                of the following, if they are reasonably ascertainable: 
                recorded chain of title documents regarding the real 
                property, including all deeds, easements, leases, 
                restrictions, and covenants, aerial photographs, fire 
                insurance maps, property tax files, USGS 7.5 minutes 
                topographic maps, local street directories, building 
                department records, zoning/land use records, and any 
                other sources that identify past uses and occupancies 
                of the property.
                    ``(C) Determination of the existence of recorded 
                environmental cleanup liens against the real property 
                which have arisen pursuant to Federal, State, or local 
                statutes.
                    ``(D) Review of reasonably ascertainable Federal, 
                State, and local government records of sites or 
                facilities that are likely to cause or contribute to 
                contamination at the real property, including, as 
                appropriate, investigation reports for such sites or 
                facilities; records of activities likely to cause or 
                contribute to contamination at the real property, 
                including landfill and other disposal location records, 
                underground storage tank records, hazardous waste 
                handler and generator records and spill reporting 
                records; and such other reasonably ascertainable 
                Federal, State, and local government environmental 
                records which could reflect incidents or activities 
                which are likely to cause or contribute to 
                contamination at the real property.
                    ``(E) A visual site inspection of the real property 
                and all facilities and improvements on the real 
                property and a visual inspection of immediately 
                adjacent properties, including an investigation of any 
                hazardous substance use, storage, treatment, and 
                disposal practices on the property.
                    ``(F) Any specialized knowledge or experience on 
                the part of the defendant.
                    ``(G) The relationship of the purchase price to the 
                value of the property if uncontaminated.
                    ``(H) Commonly known or reasonably ascertainable 
                information about the property.
                    ``(I) The obviousness of the presence or likely 
                presence of contamination at the property, and the 
                ability to detect such contamination by appropriate 
                investigation.
        A record shall be considered to be `reasonably ascertainable' 
        for purposes of this paragraph if a copy or reasonable 
        facsimile of the record is publicly available by request 
        (within reasonable time and cost constraints) and the record is 
        practically reviewable.
            ``(3) Maintenance of information.--No presumption shall 
        arise under paragraph (1) unless the defendant has maintained a 
        compilation of the information reviewed and gathered in the 
        course of the environmental site assessment.''.
    (b) Cross Reference.--Section 101(35)(B) (42 U.S.C. 9601(35)(B)) is 
amended by inserting after ``all appropriate inquiry'' the following: 
``(as specified in section 107(o))''.

SEC. 305. BONA FIDE PROSPECTIVE PURCHASER LIABILITY.

    (a) Liability.--Section 107 (42 U.S.C. 9607) is further amended by 
adding at the end the following new subsections:
    ``(r) Bona Fide Prospective Purchaser.--(1) Notwithstanding 
paragraphs (1) through (4) of subsection (a), a person who does not 
impede the performance of a response action or natural resource 
restoration at a facility shall not be liable to the extent liability 
at such facility is based solely on paragraph (1) of subsection (a) for 
a release or threat of release from the facility, and the person is a 
bona fide prospective purchaser of the facility.
    ``(2) For purposes of this subsection, the term `bona fide 
prospective purchaser' means a person who acquires ownership of a 
facility after the date of enactment of this subsection, or a tenant of 
such a person, who can establish each of the following by a 
preponderance of the evidence:
            ``(A) All active disposal of hazardous substances at the 
        facility occurred before that person acquired the facility.
            ``(B) The person made all appropriate inquiry into the 
        previous ownership and uses of the facility and its real 
        property in accordance with generally accepted commercial and 
        customary standards and practices. Standards described in 
        subsection (q)(2) (relating to innocent landowners) shall 
        satisfy the requirements of this subparagraph. In the case of 
        property for residential or other similar use, purchased by a 
        nongovernmental or noncommercial entity, a site inspection and 
        title search that reveal no basis for further investigation 
        satisfy the requirements of this subparagraph.
            ``(C) The person provided all legally required notices with 
        respect to the discovery or release of any hazardous substances 
        at the facility.
            ``(D) The person exercised appropriate care with respect to 
        hazardous substances found at the facility by taking reasonable 
        steps to stop on-going releases, prevent threatened future 
        releases of hazardous substances, and prevent or limit human or 
        natural resource exposure to hazardous substances previously 
        released into the environment.
            ``(E) The 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.
            ``(F) The person is not affiliated with any other person 
        liable for response costs at the facility, through any direct 
        or indirect familial relationship, or any contractual, 
        corporate, or financial relationship other than that created by 
        the instruments by which title to the facility is conveyed or 
        financed.
    ``(s) 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 (r), 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 6 months before the response action was 
        taken.''.

SEC. 306. CONTIGUOUS PROPERTIES.

    Section 107 (42 U.S.C. 9607) is further amended by adding at the 
end the following new subsection:
    ``(u) Contiguous Properties.--(1) A person (other than the United 
States or a department, agency, or instrumentality of the United 
States) who owns or operates real property that is contiguous to or 
otherwise similarly situated with respect to real property on which 
there has been a release or threatened release of a hazardous substance 
and that is or may be contaminated by such release shall not be liable 
under subsection (a) (1) or (2) by reason of such ownership or 
operation solely by reason of such contamination if such person--
            ``(A) did not cause, contribute to, or consent to the 
        release or threatened release;
            ``(B) 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; and
            ``(C) is not affiliated with any other person liable for 
        response costs at the facility, through any direct or indirect 
        familial relationship, or any contractual, corporate, or 
        financial relationship.
    ``(2) The President may issue an assurance of no enforcement action 
under this Act to any such person and may grant any such person 
protection against cost recovery and contribution actions pursuant to 
section 113(f)(2). Such person may also petition the President to 
exclude from the description of a National Priorities List site such 
contiguous real property, if such property is or may be contaminated 
solely by ground water that flows under such property and is not used 
as a source of drinking water. The President may grant such a petition 
pursuant to such procedures as he deems appropriate.''.

                   TITLE IV--NATURAL RESOURCE DAMAGES

SEC. 401. NATURAL RESOURCES DEFINED.

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

SEC. 402. CONSULTATION WITH NATURAL RESOURCES TRUSTEES.

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

SEC. 403. LIABILITY.

    Section 107(f) (42 U.S.C. 9607(f)) is amended by striking 
``(f)(1)'' and all that follows through the period at the end of 
paragraph (1) and inserting the following:
    ``(f) Natural Resources Liability.--
            ``(1) Liability.--
                    ``(A) Liability to united states, states, and 
                indian tribes.--Except as provided by subparagraph (B), 
                in the case of an injury to, destruction of, or loss of 
                natural resources under subsection (a)(2)(C), liability 
                shall be--
                            ``(i) to the United States Government, for 
                        natural resources belonging to, managed by, or 
                        held in trust by the United States Government 
                        or selected for transfer (but not transferred 
                        on or before the date of the injury, 
                        destruction, or loss) to an Alaska Native 
                        Corporation as part of the acreage entitlement 
                        of the Corporation under the Alaska Native 
                        Claims Settlement Act (43 U.S.C. 1601 et seq.);
                            ``(ii) to a State, for natural resources 
                        within the State belonging to, managed by, or 
                        held in trust by the State or allocated to the 
                        State pursuant to an interstate compact to 
                        which the State is a signatory; and
                            ``(iii) to an Indian tribe, for natural 
                        resources belonging to, managed by, granted 
                        rights to by treaty, or held in trust by the 
                        tribe, or belonging to a member of such tribe 
                        if such resources are subject to a trust 
                        restriction on alienation; and
                    ``(B) Exceptions to liability requirements.--No 
                liability to the United States, a State, or an Indian 
                tribe, shall be imposed under subsection (a)(2)(C) 
                where the party sought to be charged has demonstrated 
                that the injury to, destruction of, or loss of natural 
                resources complained of were specifically identified as 
                an irreversible and irretrievable commitment of natural 
                resources in an environmental impact statement, or 
                other comparable environment analysis, and the decision 
                to grant a permit or license authorizes such commitment 
                of natural resources, and the facility or project was 
                otherwise operating within the terms of its permit or 
                license, so long as, in the case of injury to, 
                destruction of, or loss of an Indian tribe occurring 
                pursuant to a Federal permit or license, the issuance 
                of that permit or license was not inconsistent with the 
                fiduciary duty of the United States with respect to the 
                Indian tribe.
                    ``(C) Public trustees of natural resources.--The 
                President, the authorized representative of a State, or 
                the authorized representative of an Indian tribe shall 
                act on behalf of the public or the Indian tribe, as 
                appropriate, as trustee for a natural resource to 
                recover for injury to, destruction of, or loss of 
                natural resources under this section.''.

SEC. 404. DESIGNATION OF TRUSTEES.

    (a) Designation of Indian Tribe.--Section 107(f)(2) (42 U.S.C. 
9607(f)(2)) is amended--
            (1) by striking the paragraph heading and inserting the 
        following: ``Designation of federal, state, and indian tribe.--
        ''; and
            (2) by amending subparagraph (C) to read as follows:
                    ``(C) Indian tribe.--The elected council or elected 
                head official of an Indian tribe shall designate Indian 
                tribe officials who may act on behalf of the Indian 
                tribe as trustees for natural resources under this Act 
                and shall notify the President of such designations. 
                Such Indian tribe officials shall assess damages to 
                natural resources for the purposes of this Act for 
                those natural resources under their trusteeship.''.
    (b) Relationship Among Trustees.--Section 107(f)(2) (42 U.S.C. 
9607(f)(2)) is further amended by adding at the end the following:
                    ``(E) Designation of lead decisionmaking trustee.--
                            ``(i) In general.--If more than one trustee 
                        is designated for a natural resource under this 
                        paragraph, the following trustee may elect to 
                        serve as the lead decisionmaking trustee for 
                        the resource:
                                    ``(I) The United States, for 
                                resources exclusively belonging to or 
                                held in trust by the United States or 
                                for which the United States exercises 
                                primary management under the Endangered 
                                Species Act of 1973 (16 U.S.C. 1531 et 
                                seq.), the Magnuson-Stevens Fishery 
                                Conservation and Management Act (16 
                                U.S.C. 1801 et seq.), the Migratory 
                                Bird Treaty Act (16 U.S.C. 703 et 
                                seq.), the Marine Mammal Protection Act 
                                of 1972 (16 U.S.C. 1631 et seq.), the 
                                Wild Free-Roaming Horses and Burros Act 
                                (16 U.S.C. 1331 et seq.), or the Bald 
                                Eagle Protection Act (16 U.S.C. 668 et 
                                seq.).
                                    ``(II) An Indian tribe, for 
                                resources belonging exclusively to such 
                                tribe or for which the tribe is the 
                                primary manager pursuant to a treaty.
                                    ``(III) A State, if the State is a 
                                trustee for the resource and subclauses 
                                (I) and (II) do not apply.
                            ``(ii) Responsibility of lead 
                        decisionmaking trustee.--A lead decisionmaking 
                        trustee for a resource designated under this 
                        subparagraph shall be responsible for 
                        determining the measurement of damages for the 
                        resource after soliciting and considering the 
                        views of the other trustees for the resource.
                            ``(iii) Limitation.--A trustee may not be 
                        designated as a lead decisionmaking trustee for 
                        a resource under this subparagraph if the 
                        trustee is a potentially responsible party with 
                        respect to damages to the resource.''.

SEC. 405. DETERMINATION OF CAUSATION.

    Section 107(f) (42 U.S.C. 9607(f)) is amended by adding at the end 
the following:
            ``(3) Determination of causation.--Any determination of 
        whether injury to, destruction of, or loss of a natural 
        resource results from a release under subsection (a)(2)(C) 
        shall be made in accordance with the Restatement (Second) of 
        Torts, as in effect on the date of the enactment of this 
        paragraph.''.

SEC. 406. MEASURE OF DAMAGES.

    Section 107(f) (42 U.S.C. 9607(f)) is further amended by adding at 
the end the following:
            ``(4) Measure of damages.--
                    ``(A) In general.--The measure of damages to a 
                natural resource under subsection (a)(2)(C) shall be 
                limited to the following:
                            ``(i) Reasonable costs of restoration of 
                        the resource.
                            ``(ii) The reasonable cost of temporary 
                        restoration measures.
                            ``(iii) The costs of reasonable assessment 
                        of damages to the resource.
                    ``(B) Nonuse values.--There shall be no recovery 
                under this Act based on non-use values.
                    ``(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. 407. DAMAGE ASSESSMENTS.

    Section 107(f) (42 U.S.C. 9607(f)) is further amended by adding at 
the end the following:
            ``(5) Damage assessments.--
                    ``(A) In general.--To the extent practicable, a 
                Federal, State, or Indian trustee designated under this 
                subsection shall base any measure of damages under 
                paragraph (4) with respect to a site on an assessment 
                of the specific conditions and restoration requirements 
                at the site.
                    ``(B) Assessment requirements.--Any assessment used 
                by a trustee under subparagraph (A) shall be based on, 
                and performed in accordance with, generally accepted 
                scientific and technical standards, literature, and 
                methodologies that ensure the validity, reliability, 
                and cost-effectiveness of assessment results.''.

SEC. 408. SELECTION OF RESTORATION ALTERNATIVES.

    Section 107(f) (42 U.S.C. 9607(f)) is further amended by adding at 
the end the following:
            ``(7) Selection of restoration alternatives.--
                    ``(A) In general.--In selecting a range of possible 
                restoration alternatives, a Federal, State, or Indian 
                tribe trustee, designated under this subsection shall 
                select reasonable measures that are feasible and cost-
                effective.
                    ``(B) Preference.--A trustee may give preference to 
                any alternatives selected under subparagraph (A) that 
                meet the following requirements:
                            ``(i) Notwithstanding the limitations in 
                        paragraph (4), the incremental costs are 
                        justified by the incremental benefits.
                            ``(ii) Restoration is achieved in a timely 
                        manner.
                    ``(C) Replacement.--With the concurrence of the 
                affected trustees, any restoration alternative selected 
                may include temporary replacement of the services, or 
                some portion thereof, which would otherwise have been 
                provided by the injured natural resources.''.

SEC. 409. USE OF SUMS RECOVERED BY TRUSTEES.

    Section 107(f) (42 U.S.C. 9607(f)) is further amended by adding at 
the end the following:
            ``(8) Use of sums recovered by trustees.--
                    ``(A) Use of sums recovered by the united states.--
                Damages recovered by the United States Government as a 
                trustee under this subsection shall be retained by the 
                trustee, without further appropriation, for use only to 
                restore, replace, or acquire the equivalent of such 
                natural resources.
                    ``(B) Use of sums recovered by a state, or indian 
                tribe.--Damages recovered by a State or Indian tribe as 
                a trustee under this subsection shall be available for 
                use only to restore, replace, or acquire the equivalent 
                of such natural resources by the State or Indian 
                tribe.''.

SEC. 410. RELATION TO OTHER LAWS; DAMAGES OCCURRING BEFORE DECEMBER 11, 
              1980.

    Section 107(f) (42 U.S.C. 9607(f)) is further amended by adding at 
the end the following:
            ``(9) Relation to other laws.--
                    ``(A) Double recovery prohibited.--Any trustee who 
                receives compensation for injury to, destruction of, or 
                loss of a natural resource pursuant to this section 
                shall be precluded from recovering compensation for the 
                injury to, destruction of, or loss of the same natural 
                resource pursuant to any other State or Federal law. 
                Any trustee who receives compensation for injury to, 
                destruction of, or loss of a natural resource pursuant 
                to any other Federal or State law shall be precluded 
                from receiving compensation for injury to, destruction 
                of, or loss of the same natural resource as provided in 
                this section.
                    ``(B) Double liability prohibited.--Any person who 
                pays compensation to one or more parties for injury to, 
                destruction of, or loss of a natural resource pursuant 
                to this section shall not be required to pay 
                compensation for injury to, destruction of, or loss of 
                the same natural resource pursuant to this Act or any 
                other State or Federal law. Any person who pays 
                compensation for injury to, destruction of, or loss of 
                a natural resource pursuant to any other Federal or 
                State law shall not be required to pay compensation for 
                injury to, destruction of, or loss of the same natural 
                resource as provided in this section.
                    ``(C) Person defined.--In this paragraph, the term 
                `person' has the meaning given such term by section 101 
                and also includes an Indian tribe.
            ``(10) Damages occurring before december 11, 1980.--There 
        shall be no recovery for injury to, destruction of, or loss of 
natural resources under the authority of subsection (a)(2)(C) where 
such injury, destruction, or loss and the release of a hazardous 
substance from which such injury, destruction, or loss resulted have 
occurred wholly before December 11, 1980.''.

SEC. 411. RESTORATION.

    Section 107(f) (42 U.S.C. 9607(f)) is further amended by adding at 
the end the following:
            ``(11) Restoration.--
                    ``(A) Restoration goal defined.--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. For purposes of this 
                subparagraph:
                            ``(i) 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.
                            ``(ii) 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.
                    ``(B) Measurement of restoration of certain 
                resources.--
                            ``(i) Resources protected under wilderness 
                        act or marine protection, research, and 
                        sanctuaries act of 1972.--For purposes of this 
                        subsection, restoration of an injured, damaged, 
                        or lost biological resource that is protected 
                        under the Wilderness Act (16 U.S.C. 1131 et 
                        seq.), or that is located in a marine sanctuary 
                        designated under the Marine Protection, 
                        Research, and Sanctuaries Act of 1972 (16 
                        U.S.C. 1431 et seq.), may be measured by 
                        reinstatement of populations of such resource 
                        to the condition that would exist had the 
                        release not occurred.
                            ``(ii) Resources protected under endangered 
                        species act of 1973.--For purposes of this 
                        subsection, restoration of a resource that is 
                        protected under the Endangered Species Act of 
                        1973 (16 U.S.C. 1531 et seq.) may be measured 
                        by compliance with existing or planned recovery 
                        plans and requirements developed for such 
                        resource under section 1533(f) of such Act.''.

SEC. 412. 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 may 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. 413. APPLICABILITY.

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

                          TITLE V--STATE ROLE

SEC. 501. STATE DELEGATION AT NPL FACILITIES.

    (a) State Delegation.--Title I of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) is amended--
            (1) by inserting after the heading for title I the 
        following:

                  ``Subtitle A--General Provisions'';

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

                        ``Subtitle B--State Role

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

    ``(a) State Authority.--
            ``(1) Actions for which authority may be delegated.--The 
        Administrator may, in accordance with this section, delegate 
        authority to a State to take any or all of the following 
        actions at any or all facilities within the State that are 
        listed on the National Priorities List:
                    ``(A) Response actions under section 104.
                    ``(B) Response actions under section 106(a) and 
                enforcement under section 106(b).
                    ``(C) Cost recovery actions under section 107.
                    ``(D) Authority under subsections (e) and (h) 
                (other than (h)(2)) of section 120.
                    ``(E) Remedy selections under section 121.
                    ``(F) Settlements under section 122.
                    ``(G) Allocations under section 128.
                    ``(H) Community participation activities under 
                section 117, other than the making of grants for 
                technical assistance under section 117(e).
            ``(2) Application for state authority.--The Governor of a 
        State may submit to the Administrator an application for State 
        delegation of one or more of the authorities listed in 
        paragraph (1) with respect to one or more facilities, and may 
        seek amendments to its delegated authority to add or delete 
        facilities or actions for which authority is delegated. Any 
        such application shall contain the following:
                    ``(A) A list of facilities on the National 
                Priorities List within the State for which authority is 
                requested and a list of actions for which authority is 
                requested.
                    ``(B) A certification that the State has adequate 
                legal authority to request, accept, administer, and 
                enforce the authority requested.
                    ``(C) A certification that the State has the 
                financial and personnel resources, organization, and 
                expertise to administer and enforce the authority 
                requested.
            ``(3) Approval and disapproval of application.--
                    ``(A) In general.--On the last day of the 180-day 
                period beginning on the date the Administrator receives 
                an application made in accordance with paragraph (2), 
                the application is deemed to be approved unless within 
                such 180-day period the Administrator disapproves the 
                application, or a specified portion of the application, 
                by making one of the following findings:
                            ``(i) A finding that the State does not 
                        have adequate legal authority to request, 
                        accept, administer, or enforce the authority 
                        requested.
                            ``(ii) A finding that the State does not 
                        have the financial and personnel resources, 
                        organization, or expertise to administer and 
                        enforce the authority requested.
                    ``(B) Terms and conditions prohibited.--The 
                Administrator may not place any terms or conditions on 
                a delegation made pursuant to this section, except that 
                the Administrator may prescribe requirements to ensure 
                timely and effective recovery of response costs paid by 
                funds from the Hazardous Substance Superfund 
                established under subchapter A of chapter 98 of the 
                Internal Revenue Code of 1986.
                    ``(C) Explanation and resubmittal.--If the 
                Administrator disapproves an application by making one 
                of the findings in clause (i) or (ii) of subparagraph 
                (A), the Administrator shall notify the Governor in 
                writing of the disapproval and explain the basis for 
                such finding within 180 days after receiving the 
                application. A notification under this subparagraph is 
                final agency action for purposes of judicial review. A 
                Governor may submit a revised application any time 
                after receiving notice of disapproval.
    ``(b) State Responsibilities and Authorities.--
            ``(1) Certification of use of funds.--Not later than one 
        year after a State receives funds pursuant to subsection (d), 
        and annually thereafter for as long as the State receives such 
        funds, the Governor of the State shall submit to the 
        Administrator the following:
                    ``(A) A certification that the State has used the 
                funds in accordance with the requirements of this 
                section and this Act.
                    ``(B) Information describing the manner in which 
                the State has used the funds.
                    ``(C) Such other information about the use of the 
                funds as the Administrator considers necessary.
            ``(2) Cost recovery.--All response costs that are paid by 
        the State using State funds and that are recovered under 
        section 107 by a State for costs incurred at a facility for 
        which the State has delegated authority to take such action 
        pursuant to subsection (a) shall be retained by the State. All 
        response costs that are paid by funds from the Hazardous 
        Substance Superfund established under subchapter A of chapter 
        98 of the Internal Revenue Code of 1986 and that are recovered 
        under section 107 by a State for costs incurred at a facility 
        for which the State has delegated authority to take such action 
        pursuant to subsection (a) shall be deposited into such 
        Superfund. The Administrator may take actions under section 107 
        to recover response costs at such a facility. In any action 
        commenced in a court of the United States by a State to recover 
        costs described in this paragraph, the Administrator may 
        intervene as a matter of right.
    ``(c) Federal Responsibilities and Authorities.--
            ``(1) Review of use of funds.--The Administrator shall 
        review any certification submitted by a Governor pursuant to 
        subsection (b)(1). If the Administrator finds that funds were 
        used in a manner that is inconsistent with the provisions of 
        this Act, the Administrator shall notify the Governor in 
        writing. If the Governor fails to demonstrate promptly after 
        receiving such notice that the Administrator's finding is in 
        error, or that the inconsistency is being corrected, the 
        Administrator may request reimbursement of such sums as the 
        Administrator has found to be used in a manner inconsistent 
        with this Act or bring an action in the appropriate United 
        States district court to recover the amount of funds used in a 
        manner inconsistent with the provisions of this Act.
            ``(2) Withdrawal of delegation.--
                    ``(A) Certified states.--If the Administrator finds 
                that a State does not meet the requirements for a 
                delegation of authority under subsection (a)(2), or is 
                exercising such authority in a manner inconsistent with 
                the requirements of this Act, the Administrator may 
                withdraw all of the State's delegated authority after 
                providing notice and an opportunity to correct 
                deficiencies pursuant to subparagraph (B). If the 
                Administrator finds that the State is failing to meet 
                the cost recovery requirements prescribed by the 
                Administrator pursuant to subsection (a)(3)(C), the 
                Administrator may withdraw all of the cost recovery 
                authority delegated to the State under subsection 
                (a)(1)(C).
                    ``(B) Notice and opportunity to rectify.--The 
                Administrator shall notify a State in writing prior to 
                withdrawing authority delegated pursuant to subsection 
                (a). If the State has not addressed the deficiencies 
                listed in the Administrator's notification in a timely 
                manner after receiving the notification, the authority 
                may be withdrawn.
            ``(3) Delisting from national priorities list.--(A) Upon 
        receipt of a written statement described in subparagraph (B) 
        from a Governor with respect to a facility, the Administrator 
        shall publish a notice in the Federal Register to delist the 
        facility (or portion thereof) from the National Priorities 
        List.
            ``(B) The written statement referred to in subparagraph (A) 
        is a written statement from a Governor with respect to a 
        facility stating that--
                    ``(i) no further action to address the 
                contamination at the facility (or portion thereof) is 
                necessary to protect human health and the environment; 
                or
                    ``(ii) response action has been completed in 
                accordance with an enforceable agreement to clean up 
                the facility or cleanup is proceeding at the facility 
                under the Solid Waste Disposal Act.
            ``(4) Prohibited actions.--Except upon request from the 
        State or as provided in subsections (b)(4) and (d), the 
        Administrator is prohibited from taking any actions under 
        sections 104, 106, 107, 117 (other than 117(e)), 121, 122, and 
        section 128 (relating to allocations), and under subsections 
        (e) and (h) (other than subsection (h)(2)) of section 120, at 
        any facility on the National Priorities List for which 
        authority to take such actions has been delegated to a State 
        under this section.
    ``(d) Relationship to Cooperative Agreements.--Nothing in this 
section shall affect the authority of the Administrator under section 
104(d)(1) of this Act to enter into a cooperative agreement with a 
State or political subdivision or Indian Tribe.''.
    (b) Conforming Amendment.--Section 106(a) of such Act is amended by 
inserting after ``Attorney General of the United States'' the 
following: ``(or, in the case of a State delegation under section 151, 
the appropriate State official)''.

SEC. 502. STATE AUTHORIZATION AT NPL FACILITIES.

    Subtitle B of title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as added by section 501, is 
further amended by adding at the end the following new section:

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

    ``(a) State Authority.--
            ``(1) Actions for which a state may receive 
        authorization.--The Administrator may, in accordance with this 
        section, authorize a State to implement the State's hazardous 
        substance response program in lieu of the response action 
        authorities of this Act at any or all of the facilities within 
        the State that are listed on the National Priorities List.
            ``(2) Application for state authorization.--The Governor of 
        a State may submit to the Administrator an application for 
        State authorization with respect to one or more facilities, and 
        may seek amendments to its authorization to add or delete 
        facilities. Any such application shall contain the following:
                    ``(A) A list of facilities on the National 
                Priorities List within the State for which 
                authorization is requested.
                    ``(B) A certification that the State has adequate 
                legal authority, financial and personnel resources, 
                organization, and expertise to administer and enforce 
                State hazardous substance response program at the 
                facilities for which authorization is requested.
                    ``(C) A certification that the State hazardous 
                substance response program for which authorization is 
                requested, or any Federal hazardous response authority 
                delegated under section 121, will not use Federal funds 
                to relieve from liability for a release any person who 
                is liable under section 107.
                    ``(D) A certification that response actions taken 
                by the State under the authorization will protect 
                public health and the environment.
            ``(3) Approval and disapproval of application.--
                    ``(A) In general.--On or before the last day of the 
                180-day period beginning on the date the Administrator 
                receives an application made in accordance with 
                paragraph (2), the Administrator shall approve or 
                disapprove the application by making one of the 
                following findings:
                            ``(i) A finding that the State does not 
                        have the financial and personnel resources, 
                        organization, or expertise to administer or 
                        enforce the State hazardous substance response 
                        program at the facilities for which 
                        authorization is requested.
                            ``(ii) A finding that the State's 
                        implementation of the hazardous substance 
                        response authority would use Federal funds to 
                        relieve from liability for a release any person 
                        who is liable under section 107.
                            ``(iii) A finding that response actions 
                        taken by the State under the authorization will 
                        not protect public health and the environment.
                    ``(B) Presumptive approval.--(i) Notwithstanding 
                subparagraph (A), if a State submits an application 
                that includes, in addition to the information in 
                paragraph (2), a certification that it meets any 3 of 
                the criteria set forth in clause (ii), the application 
                is deemed to be approved unless within the 180-day 
                period referred to in subparagraph (A) the 
                Administrator makes a finding that--
                            ``(I) the application is incomplete or 
                        inaccurate;
                            ``(II) the State does not meet 3 of the 
                        criteria set forth in clause (ii); or
                            ``(III) the State's implementation of the 
                        hazardous substance response authority would 
                        use Federal funds to relieve from liability for 
                        a release a person who is potentially liable 
                        under section 107.
                    ``(ii) The criteria referred to in clause (ii) are 
                the following:
                            ``(I) A State cleanup program to remediate 
                        hazardous waste sites has been in effect for at 
                        least 10 years before the date of submission of 
                        an application by the State under paragraph 
                        (2).
                            ``(II) Since the date on which a State 
                        cleanup program to remediate hazardous waste 
                        sites went into effect, the State has expended 
                        or obligated at least $10,000,000 from its 
                        State cleanup fund or other State source of 
                        cleanup funding (including direct 
                        appropriations).
                            ``(III) The State cleanup program has at 
                        least 100 full-time equivalent employees.
                            ``(IV) At least 200 response actions at 
                        facilities not listed on the National 
                        Priorities List have been performed under the 
                        State cleanup program.
                            ``(V) There are located in the State at 
                        least 100 non-Federal facilities listed on the 
                        National Priorities List, or at least 6 non-
                        Federal facilities listed on the National 
                        Priorities List per million State residents.
                    ``(C) Terms and conditions prohibited.--The 
                Administrator may not place any terms or conditions on 
                an authorization made pursuant to this section, except 
                that the Administrator may prescribe requirements to 
                ensure timely and effective recovery by the State of 
                response costs paid by funds from the Hazardous 
                Substance Superfund established under subchapter A of 
                chapter 98 of the Internal Revenue Code of 1986.
                    ``(D) Explanation and resubmittal.--If the 
                Administrator disapproves an application by making one 
                of the findings in clause (i), (ii), or (iii) of 
                subparagraph (A), the Administrator shall notify the 
                Governor in writing of the disapproval and explain the 
                basis for such finding within 180 days after receiving 
                the application. A notification under this subparagraph 
                is final agency action for purposes of judicial review. 
                A Governor may submit a revised application any time 
                after receiving notice of disapproval.
    ``(b) State Responsibilities and Authorities.--
            ``(1) Certification of use of funds.--Not later than one 
        year after a State receives funds pursuant to subsection (d), 
        and annually thereafter for as long as the State receives such 
        funds, the Governor of the State shall submit to the 
        Administrator the following:
                    ``(A) A certification that the State has used the 
                funds in accordance with the requirements of this 
                section and State law.
                    ``(B) Information describing the manner in which 
                the State has used the funds.
                    ``(C) Such other information about the use of the 
                funds as the Administrator considers necessary.
            ``(2) Cost recovery.--All response costs that are paid by 
        the State using State funds and that are recovered by a State 
        under section 107 or under State cost recovery provisions for 
        costs incurred at a facility for which the State has been 
        authorized pursuant to subsection (a) shall be retained by the 
        State. All response costs paid by funds from the Hazardous 
        Substance Superfund established under subchapter A of chapter 
        98 of the Internal Revenue Code of 1986 recovered under section 
        107 or under State liability provisions by a State for costs 
        incurred at a facility for which the State has been authorized 
        to take such action pursuant to subsection (a) shall be 
        deposited into such Superfund. Notwithstanding paragraph (1), 
        the Administrator may take actions under section 107 to recover 
        response costs at such a facility. In any action commenced in a 
        court of the United States by a State to recover costs 
        described in this paragraph, the Administrator may intervene as 
        a matter of right.
    ``(c) Federal Responsibilities and Authorities.--
            ``(1) Review of use of funds.--The Administrator shall 
        review any certification submitted by a Governor pursuant to 
        subsection (b)(1). If the Administrator finds that funds were 
        used in a manner that is clearly inconsistent with the 
        provisions of this section, the Administrator shall notify the 
        Governor in writing. If the Governor fails to demonstrate 
        promptly after receiving such notice that the Administrator's 
        finding is in error, or that the inconsistency is being 
        corrected, the Administrator may request reimbursement of such 
        sums as the Administrator has found to be used in a manner 
        clearly inconsistent with this section or bring an action in 
        the appropriate United States district court to recover the 
        amount of funds used in a manner clearly inconsistent with the 
        provisions of this section.
            ``(2) Withdrawal of authorization.--
                    ``(A) Certified states.--If the Administrator finds 
                that a State does not meet the requirements for 
                authorization under subsection (a)(2), or fails to meet 
                terms and conditions for authorization added pursuant 
                to subsection (a)(3)(C), or is exercising such 
                authority in a manner clearly inconsistent with the 
                requirements of this section, the Administrator may 
                withdraw the State's authorization after providing 
                notice and an opportunity to correct deficiencies 
                pursuant to subparagraph (B).
                    ``(B) Notice and opportunity to rectify.--The 
                Administrator shall notify a State in writing prior to 
                withdrawing authorization approved pursuant to 
                subsection (a). If the State has not addressed the 
                deficiencies listed in the Administrator's notification 
                in a timely manner after receiving the notification, 
                the authority may be withdrawn.
            ``(3) Delisting from national priorities list.--(A) Upon 
        receipt of a written statement described in subparagraph (B) 
        from a Governor with respect to a facility, the Administrator 
        shall publish a notice in the Federal Register to delist the 
        facility (or portion thereof) from the National Priorities 
        List.
            ``(B) The written statement referred to in subparagraph (A) 
        is a written statement from a Governor with respect to a 
        facility stating that--
                    ``(i) no further action to address the 
                contamination at the facility (or portion thereof) is 
                necessary to protect human health and the environment; 
                or
                    ``(ii) response action has been completed in 
                accordance with an enforceable agreement to clean up 
                the facility or cleanup is proceeding at the facility 
                under the Solid Waste Disposal Act.
            ``(4) Prohibited actions.--Except upon request from the 
        State or as provided in subsection (d), the Administrator is 
        prohibited from taking any actions under this Act at any 
        facility on the National Priorities List for which 
        authorization has been granted under this section.
    ``(d) Relationship to Cooperative Agreements and Section 131.--
Nothing in this section shall affect the authority of the Administrator 
under section 104(d)(1) of this Act to enter into a cooperative 
agreement with a State or political subdivision or Indian Tribe.''.

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

    Subtitle B of title I of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as added by section 501, is 
further amended by adding at the end the following new section:

``SEC. 153. FEDERAL FUNDING.

    ``(a) Funding for States with Delegated Authority.--
            ``(1) In general.--The Administrator shall fund the cost to 
        a State of exercising any delegated authorities as such costs 
        arise, where such costs may be determined on a site-specific 
        basis, except as provided in paragraph (3).
            ``(2) Allocation.--The Administrator shall allocate funds 
        among States for program activities for which costs cannot be 
        determined on a site-specific basis considering the following 
        factors:
                    ``(A) The cost of administering the delegated 
                authority.
                    ``(B) The number of facilities for which the State 
                has been delegated authority.
                    ``(C) The types of activities for which the State 
                has been delegated authority.
                    ``(D) The number of facilities within the State on 
                the National Priorities List.
                    ``(E) The number of other high priority facilities 
                within the State.
                    ``(F) The need for development of the State 
                program.
                    ``(G) The need for additional personnel.
                    ``(H) The amount of resources available through 
                State programs for the cleanup of contaminated 
                facilities.
                    ``(I) The benefit to human health and the 
                environment of providing the funding.
            ``(3) Reimbursement for removal actions under section 
        104.--The cost to a State of exercising any delegated removal 
        authority under section 104 shall be reimbursed in accordance 
        with section 123.
    ``(b) Funding for States With Authorization.--
            ``(1) In general.--The Administrator shall fund the cost to 
        a State of exercising any authority for which an authorization 
        has been made under section 152 as such costs arise, where such 
        costs may be determined on a site-specific basis.
            ``(2) Authority of administrator to deny or recover certain 
        costs.--(A) With respect to site-specific costs attributable to 
        a State cleanup standard, requirement, criteria, or limitation 
        that is more stringent than a legally applicable Federal 
        standard, requirement, criteria, or limitation, the 
        Administrator may deny funding to the State for such costs, or 
        seek recovery from the State of any funds from the Hazardous 
        Substance Superfund used by the State for such costs, if the 
        Administrator makes the finding described in subparagraph (B).
            ``(B) The finding referred to in subparagraph (A) is a 
        finding by the Administrator in the case of a remedial action 
        to be undertaken solely under section 104 using the Hazardous 
        Substance Superfund that selection of a remedial action that 
        attains such level or standard of control will not provide a 
        balance between the need for protection of public health and 
        the environment at the facility under consideration, and the 
        availability of amounts from the Hazardous Substance Superfund 
        to respond to other sites which present or may present a threat 
        to public health or the environment, taking into consideration 
        the relative immediacy of such threats.
            ``(3) Allocation.--The Administrator shall allocate funds 
        among States for program activities for which costs cannot be 
        determined on a site-specific basis considering the following 
        factors:
                    ``(A) The cost of administering the authority for 
                which the State has received authorization.
                    ``(B) The number of facilities for which the State 
                has received authorization.
                    ``(C) The need for additional personnel.
                    ``(D) The amount of resources available through 
                State programs for the cleanup of contaminated 
                facilities.
                    ``(E) The benefit to human health and the 
                environment of providing the funding.
    ``(c) List of Activities.--In consultation with the States, the 
Administrator shall publish a list of the activities for which costs 
may and may not be determined on a site-specific basis.
    ``(d) Use of Funds.--A State may use funds provided under this 
section to take any actions or perform any duties necessary to 
implement--
            ``(1) any authority delegated to the State under section 
        151; and
            ``(2) any State hazardous substance response program for 
        which the State has received authorization under section 152.
    ``(e) Cost Share.--A State may not use funds provided under this 
section unless the State provides assurances that it will pay the 
amount described in section 104(c)(3). A State may not use funds 
appropriated to carry out the purposes of this section to make such 
payments.''.

SEC. 504. STATE COST SHARE.

    Paragraph (3) of section 104(c) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)) 
is amended to read as follows:
            ``(3)(A) Neither the Administrator nor a State described in 
        subparagraph (B) may provide any remedial action pursuant to 
        this section unless the State first enters into a contract or 
        cooperative agreement with the Administrator providing 
        assurances deemed adequate by the Administrator that the State 
        will pay, in cash or through other in-kind contributions, 10 
        percent of the costs of the remedial action and 10 percent of 
        the costs of operation and maintenance.
            ``(B) Subparagraph (A) applies to any State--
                    ``(i) which has been delegated authority pursuant 
                to section 151(a) to take remedial action; or
                    ``(ii) which has received authorization under 
                section 152(a).
            ``(C) Subparagraph (A) does not apply in the case of 
        remedial action to be taken on land or water held by an Indian 
        Tribe, held by the United States in trust for Indians, held by 
        a member of an Indian Tribe (if such land or water is subject 
        to a trust restriction or alienation), or otherwise within the 
        borders of an Indian reservation.''.

SEC. 505. CONCURRENCE OF GOVERNORS REQUIRED FOR ADDITIONS TO NATIONAL 
              PRIORITIES LIST.

    (a) Governors' Concurrence Required.--Section 105 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9605) is amended by adding at the end the following 
new subsection:
    ``(h) Concurrence of Governors Required for Additions to National 
Priorities List.--The President may add a facility to the National 
Priorities List only with the concurrence of the Governor of the State 
in which the facility is located.''.
    (b) Cross Reference.--Subparagraph (B) of section 105(a)(8) is 
amended by inserting after ``shall revise the list'' the following: ``, 
subject to subsection (h),''.

SEC. 506. STATE AND LOCAL REIMBURSEMENT FOR RESPONSE ACTIONS.

    Section 123 is amended to read as follows:

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

    ``(a) Application.--Any State or general purpose unit of local 
government for a political subdivision which is affected by a release 
or threatened release at any facility may apply to the President for 
reimbursement under this section.
    ``(b) Reimbursement.--
            ``(1) Emergency response.--The President is authorized to 
        reimburse general purpose units of local government for 
        expenses incurred in carrying out emergency response actions 
        necessary to prevent or mitigate injury to human health or the 
        environment associated with the release or threatened release 
        of any hazardous substance or pollutant or contaminant. Such 
        actions may include, where appropriate, security fencing to 
        limit access, response to fires and explosions, and other 
        activities which require immediate response at the State or 
        local level.
            ``(2) Removal actions.--The President is authorized to 
        reimburse States for expenses incurred in carrying out removal 
        actions under section 104.
            ``(3) Limitations.--(A) Reimbursement under this section 
        shall not supplant State or local funds normally provided for 
        response.
            ``(B) No reimbursement may be provided under this 
        subsection to any general purpose unit of local government or 
        any State for expenses incurred before the date of the 
        enactment of the Superfund Reform Act.
    ``(c) Amount.--(1) The amount of any reimbursement to any general 
purpose unit of local government under subsection (b)(1) may not exceed 
$25,000 for a single response. The reimbursement under this section 
with respect to a single facility shall be limited to the general 
purpose units of local government having jurisdiction over the 
political subdivision in which the facility is located.
    ``(2) The amount of any reimbursement to a State under subsection 
(b)(2) may not exceed $50,000 for a single response. The reimbursement 
under this section with respect to a single facility shall be limited 
to the State in which the facility is located.
    ``(3) The amounts allowed for the State and general purpose units 
of local government may not be combined for any single response action.
    ``(d) Procedure.--Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator within 1 year after the date of the enactment of the 
Superfund Reform Act.''.

                      TITLE VI--FEDERAL FACILITIES

SEC. 601. STATE ROLE AT FEDERAL FACILITIES.

    Subsection (g) of section 120 is amended to read as follows:
    ``(g) State Role at Federal Facilities.--
            ``(1) Enforcement and dispute resolution.--(A) An 
        interagency agreement under this section between a State and 
        any department, agency, or instrumentality of the United States 
        shall be enforceable by the State or the Federal department, 
        agency, or instrumentality in the United States district court 
        for the district in which the facility is located. The district 
        court shall have the jurisdiction to enforce compliance with 
        any provision, standard, regulation, condition, requirement, 
        order, or final determination which has become effective under 
        such agreement, and to impose any appropriate civil penalty 
        provided for any violation of the agreement, not to exceed 
        $25,000 per day.
            ``(B) At a Federal facility in a State to which the 
        President's authorities under subsection (e)(4) have been 
        transferred pursuant to section 131(a), if the State does not 
        concur in the remedy selection proposed by the Federal 
        department, agency, or instrumentality that owns or operates 
        the facility, the parties shall enter into dispute resolution 
        as provided in the interagency agreement. If there is no 
        interagency agreement, the State shall, not later than 120 days 
        after the transfer of authorities under section 131(a), enter 
        into an agreement with the head of the department, agency, or 
        instrumentality on a process for resolving disputes regarding 
        remedy selection for the facility. If a dispute is unresolved 
        after using the process under the interagency agreement or 
        dispute resolution agreement, the head of the Federal 
        department, agency, or instrumentality that owns the Federal 
        facility and the Governor of the State shall attempt to resolve 
        such dispute by consensus. If no agreement is reached between 
        the head of the Federal department, agency, or instrumentality 
        and the Governor, the State may issue the final determination. 
        In order to compel implementation of the State's selected 
        remedy, the State must bring a civil action in the appropriate 
        United States district court. The district court shall have 
        jurisdiction as provided in subparagraph (A) to issue any 
        relief that may be necessary to implement the remedial action, 
        to impose appropriate civil penalties not to exceed $25,000 per 
        day from the date the selected remedy becomes final, and to 
        review any challenges to the State's final determination 
        consistent with the standards set forth in section 113(j) of 
        this Act.
            ``(2) Limitation.--Except as necessary to implement the 
        transfer of the Administrator's authorities to a State pursuant 
        to section 131(a), nothing in this subsection shall be 
        construed as altering, modifying, or impairing in any manner, 
        or authorizing the unilateral modification of, any terms of any 
        agreement, permit, administrative or judicial order, decree, or 
        interagency agreement existing on the effective date of the 
        Superfund Reform Act. Any other modifications or revisions of 
        an interagency agreement entered into under this section shall 
        require the consent of all parties to such agreement, and 
        absent such consent the agreement shall remain unchanged.
            ``(3) Effect on other authorities.--Nothing in this 
        subsection shall affect the exercise by a State of any other 
        authorities that may be applicable to Federal facilities in the 
        State.''.

SEC. 602. INNOVATIVE TECHNOLOGIES FOR REMEDIAL ACTION AT FEDERAL 
              FACILITIES.

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

SEC. 605. FEDERAL ENTITIES AND FACILITIES.

    Section 120 (42 U.S.C. 9620) is amended as follows:
            (1) By amending the heading to read as follows:

``SEC. 120. FEDERAL ENTITIES AND FACILITIES.''.

            (2) By amending paragraph (1) of subsection (a) to read as 
        follows:
            ``(1)(A) Each department, agency, and instrumentality of 
        the executive, legislative, and judicial branches of the United 
        States shall be subject to, and comply with, all Federal, 
        State, interstate and local requirements, both substantive and 
        procedural (including any requirements for permits or 
        reporting, or any provisions for injunctive relief and such 
        sanctions as may be imposed by a court to enforce such relief), 
        regarding response actions and damages related to, or 
        management of, releases of hazardous substances, pollutants, or 
        contaminants in the same manner, and to the same extent, as any 
        nongovernmental entity is subject to such requirements, 
        including enforcement and liability (including natural resource 
        damage liability) under sections 106 and 107 of this title and 
        the payment of reasonable service charges.
            ``(B) The Federal, State, interstate, and local substantive 
        and procedural requirements referred to in subparagraph (A) 
        include, but are not limited to, all administrative orders and 
        all civil and administrative penalties and fines, regardless of 
        whether such penalties and fines are punitive or coercive in 
        nature or are imposed for isolated, intermittent, or continuing 
        violations. The United States hereby expressly waives any 
        immunity otherwise applicable to the United States with respect 
        to any such substantive or procedural requirement (including, 
        but not limited to, any injunctive relief, administrative order 
        or civil or administrative penalty or fine referred to in the 
        preceding sentence, or reasonable service charge).
            ``(C) The reasonable service charges referred to in this 
        paragraph include, but are not limited to, fees or charges 
        assessed in connection with the processing and issuance of 
        permits, renewal of permits, amendments to permits, review of 
        plans, studies, and other documents, and inspection and 
        monitoring of facilities, as well as any other 
        nondiscriminatory charges that are assessed in connection with 
        a State, interstate, or local response program.
            ``(D) Neither the United States, nor any agent, employee, 
        or officer thereof, shall be immune or exempt from any process 
        or sanction of any State or Federal court with respect to the 
        enforcement of any injunctive relief.
            ``(E) No agent, employee, or officer of the United States 
        shall be personally liable for any civil penalty under any 
        Federal or State response law with respect to any act or 
        omission within the scope of their official duties. An agent, 
        employee, or officer of the United States shall be subject to 
        any criminal sanction (including, but not limited to, any fine 
        or imprisonment) under any Federal or State response law, but 
        no department, agency, or instrumentality of the executive, 
        legislative, or judicial branch of the United States shall be 
        subject to any such sanctions.
            ``(F) The waiver of sovereign immunity provided in this 
        paragraph shall not apply to the extent a State law would apply 
        any standard or requirement to such Federal department, agency, 
        or instrumentality in a manner which is more stringent than 
        such standard or requirement would be applied to any other 
        person.
            ``(G) Nothing in this section shall be construed to affect 
        the liability of any person or entity other than a department, 
        agency, or instrumentality of the United States under sections 
        106 and 107 of this Act.
            ``(H)(i) The Administrator or a State with delegated 
        authority may issue an order under section 106 of this Act to 
        any department, agency, or instrumentality of the executive, 
        legislative, or judicial branch of the United States. The 
        Administrator or a State with delegated authority shall 
        initiate an administrative enforcement action against such a 
        department, agency, or instrumentality in the same manner and 
        under the same circumstances as action would be initiated 
        against any other person.
            ``(ii) No administrative order issued to such department, 
        agency, or instrumentality shall become final until such 
        department, agency, or instrumentality has had the opportunity 
        to confer with the President or a State with delegated 
        authority.
            ``(I) Each such department, agency, and instrumentality 
        shall have the right to contribution protection set forth in 
        section 113, when such department, agency, or instrumentality 
        resolves its liability under this Act.''.
            (3) By striking paragraph (4) of subsection (a).
            (4) By inserting ``(other than the indemnification 
        requirements of section 119)'' after ``responsibility'' in 
        subsection (a)(3).

SEC. 607. NOTIFICATION REGARDING UNCONTAMINATED PROPERTY AT FEDERAL 
              FACILITIES.

    Subsection (d) of section 120 (42 U.S.C. 9620) is amended by adding 
at the end the following: ``Upon identification of parcels of 
uncontaminated property pursuant to subsection (h)(4), the President 
may provide notice that the listing does not include the identified 
clean parcels.''.

SEC. 608. ANNUAL STUDIES OF PRIORITIES AT FEDERAL FACILITIES.

    (a) Study Requirement.--The head of each Federal department, 
agency, or instrumentality each fiscal year shall conduct a study to 
determine priorities among environmental management activities, within 
the funds available for such activities during such fiscal year, at 
facilities owned or operated by the department, agency, or 
instrumentality and on the National Priorities List.
    (b) Use of Standard Methodologies.--In conducting the study, the 
head of each department, agency, or instrumentality shall develop and 
apply standard methodologies for evaluating and ranking such 
priorities.
    (c) Matters To Be Considered.--In conducting the study, the head of 
the department, agency, or instrumentality shall consider a range of 
issues, including the following:
            (1) Health, safety, and environmental risks.
            (2) Reduction of infrastructure costs and life-cycle 
        cleanup costs.
            (3) Economic development concerns.
            (4) Views of affected citizens.
    (d) Participation.--In conducting the study, the head of the 
department, agency, or instrumentality shall provide for the 
participation, at a minimum, of the State in which the facility is 
located; the Administrator of the Environmental Protection Agency or a 
State with authorized under section 131; the department, agency, or 
instrumentality being regulated; and any affected citizens or entities.
    (e) Report.--Not later than 90 days after the date of the enactment 
of the annual appropriation Act providing funds for a Federal 
department, agency, or instrumentality, the head of the department, 
agency, or instrumentality shall submit to Congress a report on the 
results of the study required by this section.
    (f) Effect of Study on Enforceable Agreements.--A study conducted 
under this section shall in no way impair or diminish the obligation of 
any department, agency, or instrumentality of the United States to 
comply with requirements agreed to under section 120 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, unless such requirements have been specifically--
            (1) addressed; or
            (2) waived;
without objection from the State or Federal regulating agency.

SEC. 609. JUDICIAL REMOVALS.

    Section 113(b) is amended by inserting after the first sentence the 
following: ``Any action initiated in any State or local court against 
the United States (or any department, agency, instrumentality, officer, 
or employee of the United States) regarding liability or response 
actions related to, or the release, disposal, or management of, 
hazardous wastes or hazardous substances, may be removed by the United 
States (or any department, agency, instrumentality, officer, or 
employee of the United States) to the appropriate United States 
District Court in accordance with section 1446 of title 28, United 
States Code.''.

                   TITLE VII--COMMUNITY PARTICIPATION

SEC. 701. COMMUNITY INVOLVEMENT.

    Section 117(e) (42 U.S.C. 9617(e)) is amended to read as follows:
    ``(e) Improvement of Public Participation in the Superfund 
Decisionmaking Process.--
            ``(1) In general.--
                    ``(A) Meetings and notice.--In order to provide an 
                opportunity for meaningful public participation in 
                every significant phase of response activities under 
                this Act, the Administrator shall provide the 
                opportunity for, and publish notice of, public meetings 
                before or during performance of--
                            ``(i) a public health assessment and a 
                        preliminary assessment and site inspection;
                            ``(ii) a proposal that the site be added to 
                        the National Priorities List;
                            ``(iii) a remedial investigation/
                        feasibility study, as appropriate;
                            ``(iv) announcement of a proposed remedial 
                        action plan; and
                            ``(v) completion of a final remedial 
                        design.
                    ``(B) Information.--A public meeting under 
                subparagraph (A) shall be designed to obtain 
                information from the community, and disseminate 
                information to the community, with respect to a 
                facility concerning the Administrator's facility 
                activities and pending decisions.
            ``(2) Limitation.--Nothing in this subsection shall be 
        construed--
                    ``(A) to provide for public participation in or 
                otherwise affect any negotiation, meeting, or other 
                discussion that concerns only the potential liability 
                or settlement of potential liability of any person, 
                whether prior to or following the commencement of 
                litigation or administrative enforcement action;
                    ``(B) to provide for public participation in or 
                otherwise affect any negotiation, meeting, or other 
                discussion that is attended only by representatives of 
                the United States (or of a department, agency, or 
                instrumentality of the United States) with attorneys 
                representing the United States (or of a department, 
                agency, or instrumentality of the United States); or
                    ``(C) to waive, compromise, or affect any privilege 
                that may be applicable to a communication related to an 
                activity described in subparagraph (A) or (B).
            ``(3) Evaluation.--
                    ``(A) In general.--To the extent practicable, 
                before and during the facility evaluation, the 
                Administrator shall solicit and evaluate concerns, 
                interests, and information from the community.
                    ``(B) Procedure.--An evaluation under subparagraph 
                (A) shall include, as appropriate--
                            ``(i) face-to-face community surveys to 
                        identify the location of private drinking water 
                        wells, historic and current or potential use of 
                        water, and other environmental resources in the 
                        community;
                            `` (ii) a public meeting;
                            ``(iii) written responses to significant 
                        concerns; and
                            ``(iv) other appropriate participatory 
                        activities.
            ``(4) Views and preferences.--
                    ``(A) Solicitation.--During the facility 
                evaluation, the Administrator (or other person 
                performing the facility evaluation) shall solicit the 
                views and preferences of the community on the 
                remediation and disposition of hazardous substances or 
pollutants or contaminants at the facility.
                    ``(B) Consideration.--The views and preferences of 
                the community shall be described in the facility 
                evaluation and considered in the screening of remedial 
                alternatives for the facility.
            ``(5) Alternatives.--Members of the community may propose 
        remedial action alternatives, and the Administrator shall 
        consider such alternatives in the same manner as the 
        Administrator considers alternatives proposed by potentially 
        responsible parties.
            ``(6) Information.--
                    ``(A) The community.--The Administrator, with the 
                assistance of the community assistance group under 
                subsection (f) if there is one, shall provide 
                information to the community and seek comment from the 
                community throughout all significant phases of the 
                response action at the facility.
                    ``(B) Technical staff.--The Administrator shall 
                ensure that information gathered from the community 
                during community outreach efforts reaches appropriate 
                technical staff in a timely and effective manner.
                    ``(C) Responses.--The Administrator shall ensure 
                that reasonable written or other appropriate responses 
                will be made to significant information.
            ``(7) Nonprivileged information.--Throughout all phases of 
        response action at a facility, the Administrator shall make all 
        nonprivileged information relating to a facility available to 
        the public for inspection and copying without the need to file 
        a formal request, subject to reasonable service charges as 
        appropriate.
            ``(8) Presentation of risk information.--(A) The President, 
        in carrying out responsibilities under this Act, shall ensure 
        that the presentation of information on risk is unbiased and 
        informative. The results of any facility-specific risk 
        evaluation shall contain an explanation that clearly 
        communicates the risks at the facility, and shall--
                    ``(i) identify and explain all significant 
                assumptions used in the evaluation, as well as 
                alternative assumptions, the policy or value judgments 
                used in choosing the assumptions, and whether empirical 
                data conflict with or validate the assumptions;
                    ``(ii) present, to the extent feasible--
                            ``(I) the scientifically objective 
                        distribution of exposure estimates,
                            ``(II) estimates, including central 
                        estimates, of exposure and risk using the most 
                        plausible assumptions given the weight of 
                        current scientific information available to the 
                        President,
                            ``(III) groups identified under section 
                        121(b)(3)(B) which are currently or would be 
                        highly exposed or highly susceptible (aa) to 
                        contamination from the site based on current 
                        and reasonably anticipated uses of land, water, 
                        and other resources at or around the site, or 
                        (bb) to risks arising from implementation of a 
                        remedial option, and
                            ``(IV) a statement of the nature and 
                        magnitude of the scientific uncertainties 
                        associated with such estimates;
                    ``(iii) include the size of the population 
                potentially at risk from releases from the facility 
                (based on the current or reasonably anticipated future 
                uses of the land, water, or other resources), the 
                exposure scenario used for each estimate, and the 
                likelihood that such potential exposures will occur; 
                and
                    ``(iv) compare risks with estimates of greater, 
                lesser, and substantially equivalent risks that are 
                familiar to and routinely encountered by the general 
                public as well as other risks, and, where appropriate 
                and meaningful, comparison of those risks with other 
                similar risks regulated by Federal agencies resulting 
                from comparable activities and exposure pathways.
        Comparisons under clause (iv) should consider relevant 
        distinctions among risks, such as the voluntary or involuntary 
        nature of risks.
            ``(B) To the maximum extent practicable, documents made 
        available to the general public which purport to describe the 
        degree of risk to human health shall, at a minimum, provide 
        information specified in subparagraph (A) or a meaningful 
        reference to such information in another document reasonably 
        available to the public.
            ``(9) Requirements.--
                    ``(A) Lengthy removal actions.--Notwithstanding any 
                other provision of this subsection, in the case of a 
                removal action taken in accordance with section 104 
                that is expected to require more than 180 days to 
                complete, and in any case in which implementation of a 
                removal action is expected to obviate or that in fact 
                obviates the need to conduct a long-term remedial 
                action, the Administrator shall, to the maximum extent 
                practicable, allow for public participation consistent 
                with paragraph (1).
                    ``(B) Other removal actions.--In the case of all 
                other removal actions, the Administrator may provide 
                the community with notice of the anticipated removal 
                action and a public comment period, as appropriate.
            ``(10) Citizen suits.--Any person may commence a civil 
        action on his own behalf pursuant to section 310 alleging a 
        failure on the part of the President or any other officer of 
        the United States to comply with provisions of this section. 
        Relief shall be limited to an injunction requiring compliance 
        with this subsection.''.

SEC. 702. COMMUNITY ASSISTANCE GROUPS.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following new subsection:
    ``(f) Community Assistance Group.--
            ``(1) Establishment.--The Governor of the state where a 
        facility is located shall create a community assistance group 
        for a facility that is listed or proposed for listing on the 
        National Priorities List--
                    ``(A) if the Governor determines that a 
                representative public forum will be helpful in 
                promoting direct, regular, and meaningful consultation 
                among persons interested in response action at the 
                facility; or
                    ``(B) at the request of--
                            ``(i) 50 individuals residing in, or at 
                        least 20 percent of the population of, the area 
                        in which the facility is located;
                            ``(ii) a representative group of the 
                        potentially responsible parties; or
                            ``(iii) any local governmental entity with 
                        jurisdiction over the facility.
            ``(2) Responsibilities.--A community assistance group 
        shall--
                    ``(A) solicit the views of the local community on 
                various issues affecting the development and 
                implementation of remedial actions at the facility;
                    ``(B) serve as a conduit of information to and from 
                the community to appropriate Federal, State, and local 
                agencies and potentially responsible parties;
                    ``(C) serve as a representative of the local 
                community during the response action planning and 
                implementation process; and
                    ``(D) provide reasonable notice of and 
                opportunities to participate in the meetings and other 
                activities of the community assistance group.
            ``(3) Access to documents.--The Administrator shall provide 
        a community assistance group access to documents in possession 
        of the Federal Government regarding response actions at the 
        facility that do not relate to liability and are not protected 
        from disclosure as confidential business information.
            ``(4) Community assistance group input.--
                    ``(A) Consultation.--The Administrator (or if the 
                remedial action plan is being prepared or implemented 
                by a party other than the Administrator, the other 
                party) shall--
                            ``(i) consult with the community assistance 
                        group in developing and implementing the 
                        remedial action plan; and
                            ``(ii) keep the community assistance group 
                        informed of progress in the development and 
                        implementation of the remedial action plan.
                    ``(B) Timely submission of comments.--The community 
                assistance group shall provide its comments, 
                information, and recommendations in a timely manner to 
                the Administrator (and other party).
                    ``(C) Consensus.--The community assistance group 
                shall attempt to achieve consensus among its members 
                before providing comments and recommendations to the 
                Administrator (and other party), but if consensus 
                cannot be reached, the community assistance group shall 
                report or allow presentation of divergent views.
            ``(5) Technical assistance grants.--
                    ``(A) Preferred recipient.--If a community 
                assistance group exists for a facility, the community 
                assistance group shall be the preferred recipient of a 
                technical assistance grant under subsection (g).
                    ``(B) Prior award.--If a technical assistance grant 
                concerning a facility has been awarded prior to 
                establishment of a community assistance group--
                            ``(i) the recipient of the grant shall 
                        coordinate its activities and share information 
                        and technical expertise with the community 
                        assistance group; and
                            ``(ii) one person representing the grant 
                        recipient shall serve on the community 
                        assistance group.
            ``(6) Membership.--
                    ``(A) Number.--The Governor shall select not less 
                than 15 nor more than 20 persons to serve on a 
                community assistance group.
                    ``(B) Notice.--Before selecting members of the 
                community assistance group, the Governor shall provide 
                a notice of intent to establish a community assistance 
                group to persons who reside in the local community.
                    ``(C) Represented groups.--(i) The Administrator 
                shall, to the extent practicable, appoint members to 
                the community assistance group from each of the 
                following groups of persons:
                            ``(I) Persons who reside or own residential 
                        property near the facility.
                            ``(II) Persons who, although they may not 
                        reside or own property near the facility, may 
                        be adversely affected by a release from the 
                        facility.
                            ``(III) Persons who are members of the 
                        local public health or medical community and 
                        are practicing in the community.
                            ``(IV) Representatives of Indian tribes or 
                        Indian communities that reside or own property 
                        near the facility or that may be adversely 
                        affected by a release from the facility.
                            ``(V) Local representatives of citizen, 
                        environmental, or public interest groups with 
                        members residing in the community.
                            ``(VI) Representatives of local 
                        governments, such as city or county 
                        governments, or both, and any other 
                        governmental unit that regulates land use or 
                        land use planning in the vicinity of the 
                        facility.
                            ``(VII) Members of the local business 
                        community, which do not have liability at the 
                        facility.
                    ``(ii) The Governor shall provide particular 
                opportunity to participate to representatives of 
                persons who are or historically have been 
                disproportionately affected by contamination in their 
                community. Each community assistance group shall, to 
                the extent practicable, reflect the composition of the 
                community near the facility and its diversity of 
                interests. The local technical assistance grant 
                recipient shall be represented on the community 
                assistance group. Residents of the affected community 
                shall comprise no less than 50 percent of the total 
                membership of the community assistance group.
                    ``(D) Pay.--Members of a community assistance group 
                shall serve without pay.
            ``(7) Participation by government representatives.--
        Representatives of the Administrator, the Administrator of the 
        Agency for Toxic Substances and Disease Registry, other Federal 
        agencies, and the State, as appropriate, shall participate as 
        requested by the community assistance group in community 
        assistance group meetings to provide information and technical 
        expertise, but shall not be members of the community assistance 
        group.
            ``(8) Administrative support.--The Administrator, to the 
        extent practicable, shall provide administrative services and 
        meeting facilities for community assistance groups.
            ``(9) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to a community assistance group.
            ``(10) Participation by potentially responsible parties.--
        Potentially responsible parties or their representatives, as 
        appropriate, may participate in community assistance group 
        meetings to provide information and technical expertise, but 
        shall not be members of the community assistance group.''.

SEC. 703. TECHNICAL ASSISTANCE GRANTS.

    Section 117 (42 U.S.C. 9617) is further amended by adding at the 
end the following new subsection:
    ``(g) Technical Assistance Grants.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Affected citizen group.--The term `affected 
                citizen group' means a group of 2 or more individuals 
                who may be affected by the release or threatened 
                release of a hazardous substance, pollutant, or 
                contaminant at any facility on the National Priorities 
                List.
                    ``(B) Technical assistance grant.--The term 
                `technical assistance grant' means a grant made under 
                paragraph (2).
            ``(2) Authority.--
                    ``(A) In general.--In accordance with a regulation 
                issued by the Administrator, the Administrator may make 
                grants available to affected citizen groups.
                    ``(B) Availability of application process.--To 
                ensure that the application process for a technical 
                assistance grant is available to all affected citizen 
                groups, the Administrator shall periodically review the 
                process and, based on the review, implement appropriate 
                changes to improve availability.
            ``(3) Availability in advance.--The Administrator shall 
        make all or a portion (but not less than $5,000 or 10 percent 
        of the grant amount, whichever is greater) of the grant amount 
        available to a grant recipient in advance of the total 
        expenditures to be covered by the grant.
            ``(4) Limit per facility.--Not more than 1 technical 
        assistance grant may be made with respect to a single facility, 
        but the grant may be renewed to facilitate public participation 
        at all stages of response action.
            ``(5) Funding amount.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of a technical assistance 
                grant may not exceed $50,000 for a single grant 
                recipient.
                    ``(B) Increase.--The Administrator may increase the 
                amount of a technical assistance grant, or renew a 
                previous technical assistance grant, up to a total 
                grant amount not exceeding $100,000, to reflect the 
                complexity of the response action, the nature and 
                extent of contamination at the facility, the level of 
                facility activity, projected total needs as requested 
                by the grant recipient, the size and diversity of the 
                affected population, and the ability of the grant 
                recipient to identify and raise funds from other non-
                Federal sources.
            ``(6) Use of technical assistance grants.--
                    ``(A) Permitted use.--A technical assistance grant 
                may be used to obtain technical assistance in 
                interpreting information with regard to--
                            ``(i) the nature of the hazardous 
                        substances locate at a facility;
                            ``(ii) the work plan;
                            ``(iii) the facility evaluation;
                            ``(iv) a proposed remedial action plan, a 
                        remedial action plan, and a final remedial 
                        design for a facility;
                            ``(v) response actions carried out at the 
                        facility; and
                            ``(vi) operation and maintenance activities 
                        at the facility.
                    ``(B) Prohibited use.--A technical assistance grant 
                may not be used for the purpose of collecting field 
                sampling data.
            ``(7) Grant guidelines.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this paragraph, the Administrator 
                shall develop and publish guidelines concerning the 
                management of technical assistance grants by grant 
                recipients.
                    ``(B) Hiring of experts.--A recipient of a 
                technical assistance grant that hires technical experts 
                shall act in accordance with the guidelines under 
                subparagraph (A).
                    ``(C) Special rules.--
                            ``(i) The President shall not approve any 
                        TAG application unless the applicant agrees to 
                        fully participate in the community assistance 
                        group for the site to which the grant relates 
                        and to present questions, concerns, and 
                        suggestions to the organization whenever 
                        possible. The President shall make no further 
                        payments to any TAG recipient that does not 
                        make a good faith effort to fulfill such 
                        agreement.
                            ``(ii) Early award of grants.--The 
                        President shall award technical assistance 
                        grants at the earliest appropriate time.''.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. DEFINITIONS.

    Section 101 (42 U.S.C. 9601) is amended as follows:
            (1) Paragraph (10)(H) is amended by striking ``subject to'' 
        and inserting ``in compliance with''.
            (2) Paragraph (11) is amended by striking out ``Response 
        Fund established by section 221 of this Act'' and all that 
        follows through the end of the paragraph and inserting in lieu 
        thereof ``Superfund established by section 9507 of the Internal 
        Revenue Code of 1986.''.
            (3) Paragraph (14) is amended by adding at the end the 
        following: ``Such term does not include any naturally occurring 
        radioactive materials.''.
            (4) Paragraph (20) is amended as follows:
                    (A) In subparagraph (A), by inserting ``the United 
                States or'' after ``similar means to''.
                    (B) In subparagraph (D)--
                            (i) in the first sentence by inserting 
                        ``the United States or'' after ``does not 
                        include'';
                            (ii) in the second sentence, by inserting 
                        ``any department, agency, or instrumentality of 
                        the United States or'' before ``any State''; 
                        and
                            (iii) in the second sentence, by striking 
                        ``a'' after ``such'' and inserting 
                        ``department, agency, or instrumentality of the 
                        United States or''.
                    (C) by adding after subparagraph (D) the following 
                new subparagraph:
            ``(E) The term `owner or operator' shall not include the 
        United States or any department, agency, or instrumentality of 
        the United States or a conservator or receiver appointed by a 
        department, agency, or instrumentality of the United States if 
        the United States or the conservator or receiver meets both of 
        the following conditions:
                    ``(i) The United States, conservator, or receiver 
                acquired ownership or control of a vessel or facility 
                (or any right or interest therein)--
                            ``(I) in connection with the exercise of 
                        receivership or conservatorship authority or 
                        the liquidation or winding up of the affairs of 
                        any entity subject to a receivership or 
                        conservatorship, including any subsidiary 
                        thereof; and
                            ``(II) in connection with the exercise of 
                        any seizure or forfeiture authority.
                    ``(ii) The United States, conservator, or receiver 
                does not participate in the management of the vessel or 
                facility operations that result in a release or threat 
                of release of hazardous substances and complies with 
                such other requirements as the Administrator may set 
                forth by regulation.''.
            (5) Paragraph (23) (relating to the terms ``remove'' and 
        ``removal'') is amended--
                    (A) in the first sentence--
                            (i) by striking ``terms'' and inserting 
                        ``term'';
                            (ii) by striking ``necessary'' the first 
                        place it appears and inserting ``necessarily''; 
                        and
                            (iii) by inserting after ``environment, 
                        such actions'' the phrase ``or combination of 
                        such actions'';
                    (B) in the second sentence by striking ``term 
                includes'' and inserting ``terms include''; and
                    (C) by adding at the end the following: ``The term 
                `remove' or `removal' is not limited to emergency 
                situations and includes actions to address future or 
                potential exposures.''.
            (6) Paragraph (25) (relating to the terms ``respond'' and 
        ``response'') is amended--
                    (A) by striking ``terms'' and inserting ``term'';
                    (B) by striking the comma after ``remedial 
                action;''; and
                    (C) by striking ``related thereto'' and inserting 
                ``(including attorneys' fees and expert witness fees) 
                and oversight activities related thereto when such 
                activities are undertaken by the President, a State or 
                Indian Tribe''.
            (7) Paragraph (29) (relating to the terms ``disposal'', 
        ``hazardous waste'', and ``treatment'') is amended by inserting 
        before the period the following: ``, except that the term 
        `hazardous substance' shall be substituted for the term 
        `hazardous waste' in the definitions of `disposal' and 
        `treatment'''.
            (8) Paragraph (33) (relating to the term ``pollutant or 
        contaminant'') is amended by striking ``; except that the'' and 
        inserting ``. The'' and by adding the following at the end 
        thereof: ``Such term does not include any naturally occurring 
        radioactive materials.''.
            (9) The following new paragraphs are added at the end:
            ``(39) 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.
            ``(40) Municipality.--The term `municipality' means a 
        political subdivision of a State, including a city, county, 
        village, town, township, borough, parish, school district, 
        sanitation district, water district, or other public entity 
        performing local governmental functions. The term also includes 
        a natural person acting in the capacity of an official, 
        employee, or agent of any entity referred to in the preceding 
        sentence in the performance of governmental functions.
    (b) Definitions.--Section 101 (42 U.S.C. 9607) is further amended 
by adding at the end thereof the following:
            ``(42) Municipality.--The term `municipality'--
                    ``(A) means a political subdivision of a State 
                (including a city, county, village, town, township, 
                borough, parish, school district, sanitation district, 
                water district, or other public entity performing local 
                governmental functions); and
                    ``(B) includes a natural person acting in the 
                capacity of an official or employee of any entity 
                described in subparagraph (A) in the performance of a 
                governmental function.
            ``(43)(A) Large municipality.--The term `large 
        municipality' means a municipality with a population of 100,000 
        or more according to the 1990 census.
            ``(B) Small municipality.--The term `small municipality' 
        means a municipality with a population of less than 100,000 
        according to the 1990 census.
            ``(44) Arranger site.--The term `arranger site' means a 
        facility where the majority of hazardous substances disposed of 
        at the site were delivered to the site from other locations by 
        parties unaffiliated with the owners and operators of a site.
            ``(45) Qualified household hazardous waste collection 
        program.--The term `qualified household hazardous waste 
        collection program' means a program established by an entity of 
        the Federal Government, a State, a municipality, or an Indian 
        tribe that provides, at a minimum, for semiannual collection of 
        household hazardous wastes at accessible, well-publicized 
        collection points within the relevant jurisdiction.
            ``(46) Sewage sludge.--The term `sewage sludge' means 
        solid, semisolid, or liquid residue removed during the 
        treatment of municipal waste water, domestic sewage, or other 
        waste water at or by publicly owned or federally owned 
        treatment works.
            ``(47) Small business.--The term `small business' refers to 
        any business entity that employs no more than 100 individuals 
        and is a `small business concern' as defined under the Small 
        Business Act (15 U.S.C. 631 et seq.).
            ``(48) Small nonprofit organization.--The term `small 
        nonprofit organization' means any organization that does not 
        distribute any part of its income or profit to its members, 
        directors, or officers, employs no more than 100 paid 
        individuals at the involved chapter, office, or department, and 
        was recognized as a non-profit organization under section 
        501(c)(3) of the Internal Revenue Code of 1986.
            ``(49) Construction contractor.--The term `construction 
        contractor' means a person who--
                    ``(A) is not--
                            ``(i) taking or required to take any 
                        response action under this Act or any other 
                        Federal or State law at the facility concerned,
                            ``(ii) taking or required to take any 
                        corrective action under the Solid Waste 
                        Disposal Act (42 U.S.C. 6901 et seq.) at the 
                        facility concerned, or
                            ``(iii) otherwise responding to a release 
                        or threatened release of a hazardous substance, 
                        pollutant, or contaminant at the facility 
                        concerned;
                    ``(B) did not know or have reason to know of the 
                presence of hazardous substances at the facility 
                concerned before beginning construction activities;
                    ``(C) provided all legally required notices with 
                respect to the discovery or release of any hazardous 
                substances at the facility; and
                    ``(D) exercised due care with respect to the 
                hazardous substances discovered in the course of 
                performing the construction activity, including 
                precautions against foreseeable acts of third parties, 
                taking into consideration the characteristics of such 
                hazardous substance, in light of all relevant facts and 
                circumstances.
            ``(50) Naturally occurring radioactive materials.--The term 
        `naturally occurring radioactive materials' means materials 
        which are or contain naturally occurring radionuclides and 
        their respective decay products unless such materials are 
        derived from substances processed exclusively for their 
        radionuclide content. Such term does not include source, 
        special nuclear, or by-product material regulated under the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 and following).''.

SEC. 802. RESPONSE CLAIMS PROCEDURES.

    Section 112(a) (42 U.S.C. 9612(a)(2)) is amended--
            (1) in the first sentence, by adding after ``unless such 
        claim is'' the following: ``(1) accompanied by an audit 
        prepared by an independent, certified public accountant, and 
        (2)''; and
            (2) by inserting after the first sentence the following: 
        ``The Administrator reserves the right to review such audits to 
        determine that the costs for which the claimant is seeking 
        reimbursement are consistent with section 111 and, where 
        necessary, withhold claims or a portion thereof which are 
        inconsistent with section 111(a).''.

SEC. 803. SMALL BUSINESS OMBUDSMAN.

    The Administrator of the Environmental Protection Agency shall 
establish a small business Superfund assistance section within the 
small business ombudsman office at the Environmental Protection Agency. 
Such section shall carry out the following functions:
            (1) Act as a clearinghouse of information for small 
        businesses regarding the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980. Such information shall 
        be comprehensible to a lay person and shall include information 
        regarding the allocation process under section 130 of such Act, 
        requirements and procedures for expedited settlements pursuant 
        to section 122(g) of such Act, de minimis and de micromis 
        status, and ability-to-pay procedures.
            (2) Provide general advice and assistance to small 
        businesses as to their questions and problems concerning the 
        allocation and settlement processes, except that such advice 
        and assistance shall not include any legal advice as to 
        liability or any other legal representation. The ombudsman 
        shall not participate in the allocation process.
            (3) Develop proposals and make recommendations for changes 
        in policies and activities of the Environmental Protection 
        Agency which would better fulfill the goals of title II of the 
        Superfund Reform Act in ensuring equitable, simplified, and 
        expedited allocations and settlements for small businesses.

SEC. 804. CONSIDERATION OF LOCAL GOVERNMENT CLEANUP PRIORITIES.

    Section 104(c)(2) is amended--
            (1) by inserting ``(A)'' after ``(2)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) In setting priorities for scheduling work and allocating 
oversight resources for a remedial action at a facility at which a 
potentially responsible party that is a State or local government 
proposes to carry out the remedial action (or a portion thereof), the 
President should give higher priority to such remedial action (or 
portion thereof) if the State or local government demonstrates that the 
remedial action--
            ``(i) will have a public benefit; and
            ``(ii) will result in the property on or adjacent to the 
        facility being returned to productive use.
A private potentially responsible party may request similar 
consideration, in the President's discretion.''.

SEC. 805. SAVINGS CLAUSE.

    Nothing in this Act or any amendment made by this Act shall affect 
the application of the Atomic Energy Act of 1954 to any facility 
licensed by the Nuclear Regulatory Commission.

SEC. 806. REPORT AND OVERSIGHT REQUIREMENTS.

    (a) Submission to State Governors.--Section 301(h)(1) (42 U.S.C. 
9651(h)(1)) is amended in the matter preceding subparagraph (A) by 
striking ``to Congress of such Agency'' and inserting ``of such Agency 
to Congress and the Governor of each State''.
    (b) Progress Report.--Section 301(h)(1)(A) is amended to read as 
follows:
                    ``(A) A progress report of accomplishments and 
                expenditures on a State-by-State basis, including--
                            ``(i) a statement of the number of 
                        completed record of decisions, removal actions, 
remedial actions, and enforcement actions; and
                            ``(ii) a statement of--
                                    ``(I) the aggregate amount expended 
                                in each State;
                                    ``(II) the amount expended in each 
                                State for site investigation and 
                                cleanup activities;
                                    ``(III) the amount expended in each 
                                State for non site-specific costs; and
                                    ``(IV) the amount expended for 
                                enforcement actions and cost recovery 
                                activities.''.
    (c) Other Report Contents.--Section 301(h)(1) is amended--
            (1) in subparagraph (B) by striking the period at the end 
        and inserting ``and removal or remedial action.''; and
            (2) in subparagraph (C) by inserting ``, removal action, 
        and remedial action'' after ``study''.
    (d) Response to State Comments by EPA.--Section 301(h) is amended 
by adding at the end the following:
            ``(4) Response to state comments by epa.--The Administrator 
        of the Environmental Protection Agency shall respond in writing 
        to any comments submitted to the Administrator by a State 
        regarding reports developed under this subsection.''.

SEC. 807. RESPONSE AUTHORITIES.

    (a) Disposal Authority.--Section 104(j) (42 U.S.C. 9604(j)) is 
amended as follows:
            (1) In paragraph (1), by striking ``remedial'' in the first 
        sentence and inserting ``response''.
            (2) By amending paragraph (2) to read as follows:
            ``(2) Disposal authority.--The President is authorized to 
        dispose of any interest in real property acquired for use by 
        the President under this subsection by sale, exchange, 
        donation, or otherwise and any such interest in real property 
        shall not be subject to any of the provisions of section 120 
        except the notice provisions of section 120(h)(1). Any moneys 
        received by the President pursuant to this paragraph shall be 
        deposited in the Fund.''.
            (3) In paragraph (3) by striking ``estate'' and inserting 
        ``property''.

SEC. 808. PRIORITIZATION.

    Section 105 (42 U.S.C. 9605) is amended by adding at the end the 
following:
    ``(h) Spending According to Established Priorities.--To the extent 
practicable, the President shall establish spending priorities for 
remedial actions based upon the following criteria:
            ``(1) The criteria in subsection (a)(8).
            ``(2) Most risk reduction for funds spent.
    ``(i) Proposed Expenditure Budget.--
            ``(1) Publication of proposed budget.--The President shall 
        develop and publish a proposed budget for expenditures for a 
        fiscal year for remedial actions based on the spending 
        priorities established under subsection (h).
            ``(2) Review and comment.--The President shall make 
        available the proposed expenditure budget required under 
        paragraph (1) for public review and comment. In carrying out 
        this paragraph, the President shall seek comments from affected 
        citizens and businesses, local and State governments (including 
        public health officials), Indian tribes, and environmental 
        groups on whether the remedial priorities in the proposed 
        expenditure budget are in accordance with the criteria referred 
        to in subsection (h).
            ``(3) Final budget.--The budget of the President for a 
        fiscal year submitted to Congress under section 1105 of title 
        31, United States Code, shall include a budget for expenditures 
        for remedial actions based on the proposed budget developed 
        under this subsection, taking into consideration any comments 
        received under paragraph (2).
    ``(j) Advisory Committees.--
            ``(1) Establishment.--The President shall establish an 
        advisory committee to be known as the `National Remediation 
        Advisory Committee' to make recommendations to the President on 
        the proposed expenditure budget developed under subsection (i) 
        and to review public comments received on such budget. The 
        President also may establish advisory committees located in the 
        regions of the Environmental Protection Agency, to be known as 
        regional remediation advisory committees, to review public 
        comments from each region before the comments are considered by 
        the National Remediation Advisory Committee and to provide 
        recommendations to such Advisory Committee. The recommendations 
        of an advisory committee established under this subsection 
        shall reflect its review of public comments received under 
        subsection (i) and its consideration of the priorities 
        established by the President under subsection (h).
            ``(2) Members.--The National Remediation Advisory Committee 
        and any regional remediation advisory committee may consist of 
        up to 20 members (none of whom may be Environmental Protection 
        Agency or Department of Justice officers or employees) with 
        expertise in science or health fields related to remediation, 
        including representatives of communities affected by hazardous 
        substances; State and local governments; environmental 
        organizations; and representatives of large and small 
        businesses (including remediation companies). Members shall 
        serve staggered 3-year terms, and be appropriately compensated.
            ``(3) Staff support.--The President shall provide personnel 
        to assist the National Remediation Advisory Committee and any 
        regional remediation advisory committee to carry out their 
        duties. To the extent practicable, such personnel shall be 
        employees from other Federal departments and agencies.
            ``(4) Funding.--The costs of the advisory committees 
        established under this subsection shall be included in the 
        proposed budget required under subsection (i).''.

SEC. 809. RESPONSE MANAGEMENT AND WORKER PROTECTION STANDARDS.

    Section 126 of the Superfund Amendments and Reauthorization Act of 
1986 (29 U.S.C. 655 note) is amended--
            (1) by amending the section heading to read as follows:

``SEC. 126. RESPONSE MANAGEMENT AND WORKER PROTECTION STANDARDS.''; AND

            (2) by adding at the end the following new subsection:
    ``(h) Response Management and Training.--
            ``(1) Authority of remedial project managers.--The 
        President is encouraged to give greater decision making 
        authority to remedial project managers in order to increase the 
        pace of cleanups, reduce paperwork and administrative costs, 
        and reduce delays in making response action decisions.
            ``(2) Training.--(A) To ensure that response action 
        decisions continue to be given appropriate review to protect 
        human health and the environment and serve the other purposes 
        of this Act, the President shall require that remedial project 
        managers receive adequate training in environmental management. 
        Such training should include an undergraduate or graduate 
        degree that includes course work to develop skills in project 
        planning or management, sciences relevant to response actions, 
        and financial management. In determining the training that 
        shall be required, the President shall consider the amount of 
        training required under this section for workers, onsite 
        managers and supervisors under subsection (d), and any 
        additional responsibilities of remedial project managers.
            ``(B) In determining whether a remedial project manager has 
        received adequate training, the President may take into account 
        experience in managing environmental response projects, 
        considering the size and complexity of such projects.
            ``(3) Review of training facilities.--The President shall 
        conduct a review of existing training facilities to determine 
        whether a national environmental training center should be 
        established to provide training for remedial project managers, 
        on-scene coordinators, and other response personnel.''.

SEC. 810. ACTIONS RELATING TO SOURCE, BYPRODUCT, AND SPECIAL NUCLEAR 
              MATERIAL.

    (a) Material Subject to Decontamination Regulations for License 
Termination.--Title III is amended by adding at the end the following 
new section:

``SEC. 313. ACTIONS RELATING TO SOURCE, BYPRODUCT, AND SPECIAL NUCLEAR 
              MATERIAL.

    ``No authority of this Act may be used to commence an 
administrative or judicial action with respect to source, special 
nuclear, or byproduct material that is subject to decontamination 
regulations issued by the Nuclear Regulatory Commission for license 
termination under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.), or by a State that has entered into an agreement pursuant to 
section 274b. of that Act, unless such action is requested--
            ``(1) by the Nuclear Regulatory Commission; or
            ``(2) in the case of such material under the jurisdiction 
        of a State that has entered into an agreement pursuant to 
        section 274b. of that Act, the Governor of the State.''.
    (b) Material Released After License Termination.--Section 101(10) 
is amended by inserting before the period at the end of subparagraph 
(K) the following: ``, or any release of such material in accordance 
with regulations of the Nuclear Regulatory Commission following 
termination of a license issued by the Commission pursuant to the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) or by a State acting 
under an agreement entered into pursuant to section 274b. of that 
Act''.

                           TITLE IX--FUNDING

    Subtitle A--Expenditures From the Hazardous Substance Superfund

SEC. 901. EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Expenditures.--Section 111 (42 U.S.C. 9611) is amended by 
striking out subsections (a), (b), (c), (d), and (e) and inserting in 
lieu thereof the following:
    ``(a) Expenditures From Hazardous Substance Superfund.--
            ``(1) Subsection (b) expenditures.--Amounts appropriated to 
        the Hazardous Substance Superfund after January 1, 1998, 
        pursuant to section 9507(b)(1) of the Internal Revenue Code of 
        1986 and amounts credited under section 9602(b) of such Code 
        with respect to those appropriated amounts are available, may 
        be used only for the purposes specified in subsection (b) of 
        this section, and shall remain available until expended.
            ``(2) Subsections (b) and (c) expenditures.--Amounts 
        appropriated to the Hazardous Substance Superfund pursuant to 
        paragraph (2), (3), (4), (5), or (6) of section 9507(b) of the 
        Internal Revenue Code of 1986 and amounts credited under 
        section 9602(b) of such Code with respect to those appropriated 
        amounts shall be available as provided in appropriations Acts 
        and may be used for the purposes specified in subsections (b) 
        and (c) of this section.
    ``(b) Response, Removal, and Remediation.--The President shall use 
amounts in the Fund as made available by paragraphs (1) and (2) of 
subsection (a) for costs of response, removal, and remediation (and 
administrative costs directly related to such costs), including the 
following:
            ``(1) Government response costs.--Payment of governmental 
        response costs incurred pursuant to section 104 of this title, 
        including costs incurred pursuant to the Intervention on the 
        High Seas Act.
            ``(2) Private response cost claims.--Payment of any claim 
        for necessary response costs incurred by any other person as a 
        result of carrying out the national contingency plan 
        established under section 105 of this title, if such costs are 
        approved under such plan, are reasonable in amount based on 
        open and free competition or fair market value for similar 
        available goods and services, and are certified by the 
        responsible Federal official.
            ``(3) Acquisition costs under section 104(j).--The costs 
        incurred by the President in acquiring real estate or interests 
        in real estate under section 104(j) (relating to acquisition of 
        property).
            ``(4) State and local government reimbursement.--
        Reimbursement to State and local governments under section 123, 
        except that during any fiscal year not more than 0.1 percent of 
        the total amount made available for purposes of this section 
        may be used for reimbursements to local governments and no 
        State may receive reimbursement of more than $2,000,000 in any 
        fiscal year.
            ``(5) Funds for states with delegated authority.--Payment 
        of any funds to a State pursuant to section 153 (relating to 
        State delegation).
            ``(6) Contracts and cooperative agreements.--Payment for 
        the implementation of any contract or cooperative agreement 
        under section 104(d).
            ``(7) Payments related to certain reductions, limitations, 
        and exemptions.--Payment of costs and reimbursement in 
        accordance with the following:
                    ``(A) Section 128(n) (relating to post-allocation 
                performance).
                    ``(B) Section 130(a) (relating to certain non-
                liable parties).
        No payment or reimbursement under this paragraph shall include 
        payment of, or reimbursement for, any portion of attorneys' 
        fees that do not constitute necessary costs of response within 
        the meaning of section 107(a)(4)(B).
            ``(8) Payment for the implementation of any contract or 
        cooperative agreement under section 104(d).
    ``(c) Administration, Oversight, Research, and Other Costs.--The 
President shall use amounts in the Fund as made available pursuant to 
subsection (a)(2) for the following costs (and administrative costs 
directly related to such costs):
            ``(1) Investigation and enforcement.--The costs of 
        identifying, investigating, and taking enforcement action 
        against releases of hazardous substances.
            ``(2) Overhead.--(A) The costs of providing services, 
        equipment, and other overhead related to the purposes of this 
        Act and needed to supplement equipment and services available 
        through contractors and other non-Federal entities.
            ``(B) The costs of establishing and maintaining damage 
        assessment capability for any Federal agency involved in strike 
        forces, emergency task forces, or other response teams under 
        the National Contingency Plan.
            ``(3) Employee safety programs.--The cost of maintaining 
        programs otherwise authorized by this Act to protect the health 
        and safety of employees involved in response to hazardous 
        substance releases.
            ``(4) Grants for technical assistance.--The cost of grants 
        under section 117(g) (relating to public participation grants 
        for technical assistance).
            ``(5) Worker training and education grants.--The cost of 
        grants under section 126(g) of the Superfund Amendments and 
        Reauthorization Act of 1986 for training and education of 
        workers.
            ``(6) ATSDR activities.-- Any costs incurred in accordance 
        with subsection (m) of this section (relating to ATSDR) and 
        section 104(i), including the costs of epidemiologic and 
        laboratory studies, health assessments, and other activities 
        authorized by section 104(i).
            ``(7) Evaluation costs under petition provisions of section 
        105(d).--Costs incurred by the President in evaluation 
        facilities pursuant to petitions under section 105(d) (relating 
        to petitions for assessment of release).
            ``(8) Contract costs under section 104(a)(1).--The costs of 
        contracts or arrangements entered into under section 104(a)(1) 
        to oversee and review the conduct of remedial investigations 
        and feasibility studies undertaken by persons other than the 
        President and the costs of appropriate Federal and State 
        oversight of remedial activities at National Priorities List 
        sites resulting from consent orders or settlement agreements.
            ``(9) Research, development, and demonstration costs under 
        section 311.--The cost of carrying out section 311 (relating to 
        research, development, and demonstration).
            ``(10) Awards under section 109.--The costs of any awards 
        granted under section 109(d) (relating to providing information 
        concerning violations).
    ``(d) Limitations on Natural Resources Claims.--No money in the 
Fund may be used for the payment of any claim under subsection (b)(7) 
or (b)(8) of this section where such expenses are associated with 
injury or loss resulting from long-term exposure to ambient 
concentrations of air pollutants from multiple or diffuse sources.
    ``(e) Other Limitations.--(1) Claims against or presented to the 
Fund shall not be valid or paid in excess of the total unobligated 
balance in the Fund at any one time. Such claims become valid and are 
payable only when additional money is collected, appropriated, or 
otherwise added to the Fund. Should the total claims outstanding at any 
time exceed the current balance of the Fund, the President shall pay 
such claims, to the extent authorized under this section, in full in 
the order in which they were finally determined, except that, for any 
fiscal year, the President shall ensure that an amount equivalent to 
the amount obligated in fiscal year 1997 for response actions will be 
available in that fiscal year for obligation for response actions prior 
to paying any claims under section 112(g).
    ``(2) No money in the Fund shall be available for remedial action, 
other than actions specified in subsection (c) of this section, with 
respect to federally owned facilities, except that money in the Fund 
shall be available for the provision of alternative water supplies 
(including the reimbursement of costs incurred by a municipality) in 
any case involving ground water contamination outside the boundaries of 
a federally owned facility in which the federally owned facility is not 
the only potentially responsible party.
    ``(f) Limitation on Certain Expenditures.--From the total sums made 
available under subsection (a) of this section for any fiscal year, the 
aggregate amount expended in such fiscal year for administration and 
management support, oversight, studies, design, investigations, 
assessment, and evaluation shall not exceed the following percentages 
of such total:
            ``(1) Fiscal years 1999, 2000, and 2001: 25 percent.
            ``(2) Fiscal year 2002 and thereafter: 20 percent.
The Administrator shall report to the Congress, within 90 days after 
the enactment of this subsection, any regulatory or statutory relief 
that will be required to operate under the funding limitations 
specified in this subsection.''.
    (b) Additional Amendments.--(1) Section 111 (42 U.S.C. 9611) is 
further amended by striking out subsections (j) and (n).
    (2) Section 107 (42 U.S.C. 9607) is amended by striking out 
subsection (k).

SEC. 902. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.

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

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

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

    (a) Extension of Taxes.--
            (1) The following provisions of the Internal Revenue Code 
        of 1986 are each amended by striking ``January 1, 1996'' each 
        place it appears and inserting ``January 1, 2003'':
                    (A) Section 59A(e)(1) (relating to application of 
                environmental tax).
                    (B) Paragraphs (1) and (3) of section 4611(e) 
                (relating to application of Hazardous Substance 
                Superfund financing rate).
            (2) Paragraph (2) of section 4611(e) of such Code is 
        amended--
                    (A) by striking ``1993'' and inserting ``2000'',
                    (B) by striking ``1994'' each place it appears and 
                inserting ``2001'', and
                    (C) by striking ``1995'' each place it appears and 
                inserting ``2002''.
    (b) Increase in Aggregate Tax Which May Be Collected.--Paragraph 
(3) of section 4611(e) of such Code is amended by striking 
``$11,970,000,000'' each place it appears and inserting 
``$22,000,000,000'' and by striking ``December 31, 1995'' and inserting 
``December 31, 2002''.
    (c) Extension of Repayment Deadline for Superfund Borrowing.--
Subparagraph (B) of section 9507(d)(3) of such Code is amended by 
striking ``December 31, 1995'' and inserting ``December 31, 2002''.
    (d) Trust Fund Purposes.--Paragraph (1) of section 9507(c) of such 
Code is amended to read as follows:
            ``(1) In general.--(A) Amounts appropriated to the 
        Superfund after January 1, 1998, pursuant to subsection (b)(1) 
        shall be available only for the purposes specified in section 
        111(b) of CERCLA.
            ``(B) Amounts appropriated to the Superfund pursuant to 
        paragraph (2), (3), (4), (5), or (6) of subsection (b) shall be 
        available, as provided in appropriations Acts, only for the 
        purposes specified in section 111.''.
    (e) Coordination With Other Provisions.--Paragraph (2) of section 
9507(e) of the such Code is amended by striking ``CERCLA'' and all that 
follows through ``Acts'' and inserting ``CERCLA, the Superfund 
Amendments and Reauthorization Act of 1986, and the Superfund Reform 
Act (or in any amendment made by any of such Acts)''.
                                 <all>