[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3262 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3262

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1998

Mr. Pallone (for himself, Mr. Lewis of Georgia, Mr. Waxman, Mr. Markey, 
Ms. Furse, Mr. Payne, Mr. Rush, Ms. DeGette, Mr. Hinchey, Ms. McKinney, 
Mrs. Clayton, Mrs. Lowey, Mr. Serrano, Mr. Vento, Ms. Christian-Green, 
Mr. Wexler, Mr. Berman, Mr. Dixon, Ms. Jackson-Lee of Texas, Mr. Evans, 
 Ms. Pelosi, Ms. DeLauro, Mr. Gejdenson, Mr. Jackson of Illinois, Mr. 
    Frost, Mr. Yates, Mr. Kennedy of Massachusetts, Mr. Olver, Mr. 
   Kucinich, Mr. Neal of Massachusetts, Ms. Millender-McDonald, Mr. 
 Gutierrez, Mr. Owens, Mr. Sanders, Mr. Brown of California, Mr. Davis 
   of Illinois, Mr. McGovern, Mr. Lantos, Mr. Stark, Mr. Barrett of 
Wisconsin, Mr. Delahunt, Mr. Conyers, Mr. Miller of California, and Mr. 
 Farr of California) 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 reauthorize the Comprehensive Environmental Response, Compensation, 
                       and Liability Act of 1980.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Protection and Community 
Cleanup Act of 1998''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

                            TITLE I--REMEDY

Sec. 101. Amendments relating to selection of remedial action.
Sec. 102. Authorities for institutional controls.
Sec. 103. Amendments relating to response authorities.
           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

Sec. 201. Definitions.
Sec. 202. Public participation.
Sec. 203. Community Information and Access Offices.
Sec. 204. Community Advisory Groups.
Sec. 205. Technical outreach services for communities.
Sec. 206. Recruitment and training program.
                        Subtitle B--Human Health

Sec. 211. Disease registry and health care providers.
Sec. 212. Substance profiles.
Sec. 213. Exposure levels.
Sec. 214. Health studies.
Sec. 215. Relocation of individuals.
Sec. 216. Grant awards, contracts, and community assistance activities.
Sec. 217. Indian health provisions.
Sec. 218. Public health recommendations in remedial actions.
                     Subtitle C--General Provisions

Sec. 221. Transition.
                        TITLE III--RIGHT TO KNOW

Sec. 301. Right to know.
Sec. 302. Unstudied chemical release forms.
                    TITLE IV--ENVIRONMENTAL JUSTICE

Sec. 401. Environmental justice.
                TITLE V--CHILDREN'S ENVIRONMENTAL HEALTH

Sec. 501. Children's environmental health.
       TITLE VI--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

                        Subtitle A--Brownfields

Sec. 601. Brownfields title.
Sec. 602. Research, development, and demonstration.
Sec. 603. Assistance for workforce training.
  Subtitle B--Innocent Landowners and Prospective Purchaser Liability

Sec. 621. Innocent landowners.
Sec. 622. Limitations on liability for response costs for prospective 
                            purchasers.
Sec. 623. Contiguous or nearby properties.
  Subtitle C--Department of Housing and Urban Development Brownfield 
                                 Grants

Sec. 631. Economic development grants in connection with community 
                            development loan guarantees.
                  TITLE VII--NATURAL RESOURCE DAMAGES

Sec. 701. Liability for natural resources damages.
Sec. 702. Limitations on liability.
Sec. 703. Damage assessment.
Sec. 704. Standard of review.
Sec. 705. Contaminated sediments.
Sec. 706. Recruitment and training program.
Sec. 707. Statute of limitations.
Sec. 708. Archaeological resources.
Sec. 709. Citizen suits.
Sec. 710. Transition rules.
                     TITLE VIII--FEDERAL FACILITIES

Sec. 801. Federal entities and facilities.
Sec. 802. Adjoining states.
Sec. 803. Enforceability of Federal compliance agreements.
                          TITLE IX--LIABILITY

Sec. 901. Liability exemptions.
                            TITLE X--FUNDING

Sec. 1001. Authorization of appropriations.
Sec. 1002. Agency for toxic substances and disease registry.
Sec. 1003. Limitations on research, development, and demonstration 
                            programs.
Sec. 1004. Authorization of appropriations from general revenues.
Sec. 1005. Additional limitations.
Sec. 1006. Worker training and education grants.
Sec. 1007. Extension of Hazardous Substance Superfund.
                        TITLE XI--MISCELLANEOUS

Sec. 1101. Penalties.
Sec. 1102. Employee protection.
Sec. 1103. Radioactively contaminated sites.

                            TITLE I--REMEDY

SEC. 101. AMENDMENTS RELATING TO SELECTION OF REMEDIAL ACTION.

    (a) Amendments to General Rules.--(1) Section 121(b) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9621(b)) is amended in paragraph (1)--
            (A) by striking ``In making such assessment'' and all that 
        follows through ``or containment.'' at the end of subparagraph 
        (G); and
            (B) by inserting after ``to the maximum extent 
        practicable.'' the following: ``Remedial actions shall make 
        contaminated property available for beneficial use to the 
        maximum extent practicable. Wherever technically feasible, 
        remedial actions shall protect uncontaminated ground water and 
        surface water, and restore contaminated ground water and 
        surface water to beneficial uses in a time period that is 
        reasonable given the particular circumstances of the 
        release.''.
    (2) Section 121(b) of such Act is further amended--
            (A) by redesignating paragraph (2) as paragraph (3); and
            (B) by inserting after paragraph (1) the following:
    ``(2) In assessing alternative remedial actions and in selecting a 
remedial action, the President shall comply with paragraph (1) and, at 
a minimum, take into account each of the following:
            ``(A) The effectiveness of the remedy in protecting human 
        health and the environment, including consideration of fetuses, 
        children, and other highly exposed, highly susceptible, or 
        differentially susceptible subpopulations.
            ``(B) The ability of the remedy to maintain a consistent 
        level of protection of human health and the environment over 
        the long term, considering the preference for treatment set 
        forth in the first sentence of paragraph (1) of this 
        subsection, the long-term uncertainty associated with 
        containment and institutional controls, and the consequences of 
        remedy failure.
            ``(C) Any short-term risk posed by the implementation of 
        the remedy to the affected community, to those engaged in the 
        cleanup effort, and to the environment.
            ``(D) The implementability of the remedy.
            ``(E) The acceptability of the remedy to the affected 
        community.
            ``(F) Any consensus recommendation of the Community 
        Advisory Group with respect to land use.
            ``(G) The potential for future remedial action costs if the 
        alternative remedial action in question were to fail.
            ``(H) The acceptability of the remedy to the State in which 
        the facility is located or to the Indian Tribe if the facility 
        is located in Indian country (as defined in section 1151 of 
        title 18 United States Code).
            ``(I) Other environmental exposures to hazardous 
        substances, pollutants, or contaminants in the affected 
        community, including those identified under section 117(k).''.
    (b) Amendment of Site Review Requirement.--Section 121(c) of such 
Act 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, legal 
efficacy of, and compliance with any institutional controls related to 
the remedial action during the review.''.
    (c) Amendments Relating to Degree of Cleanup.--
            (1) Section 121(d) of such Act is amended--
                    (A) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Unless the President determines that a risk-based 
        standard for a contaminant is based on data and assumptions 
        that are clearly adequate to assure that the standard will be 
        protective of children's health, the remedial action selected 
        by the President shall, to the maximum extent technically 
        feasible, reduce contamination to background levels (where more 
        stringent) with respect to that contaminant. The President may 
        not select a remedial action that allows hazardous substances, 
        pollutants, or contaminants to remain on site at a facility 
        above levels that would be protective for unrestricted use 
        unless institutional controls are incorporated into the 
        remedial action to achieve protection of human health and the 
        environment during and after completion of the remedial action 
        in accordance with subsection (g).''.
            (2) Subparagraph (A) of section 121(d)(3) of such Act, as 
        so redesignated, is amended as follows:
                    (A) By inserting after ``is legally applicable'' 
                the following: ``to the conduct or operation of the 
                remedial action or''.
                    (B) By inserting ``or Tribal'' after ``a State'' 
                and after ``such State'' and by inserting ``or Tribe'' 
                after ``the State''.
            (3) Subsection (d)(3) of such Act, as so redesignated, is 
        amended--
                    (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph:
    ``(B)(i) In the case of a remedial action for which the President 
makes a determination described in clause (ii), the President shall 
ensure that the remedial action attains levels or standards of control 
that are protective of human health and the environment.
    ``(ii) The determination referred to in clause (i) is a 
determination by the President with respect to a remedial action that--
            ``(I) no applicable Federal, State, or Tribal standard, 
        requirement, criteria, or limitation has been established for a 
        specific hazardous substance, pollutant, or contaminant present 
        at the facility at which the remedial action is being 
        undertaken; or
            ``(II) in the case of a remedial action at a facility where 
        there are multiple hazardous substances, pollutants, or 
        contaminants, the remedial action is not protective of human 
        health and the environment even though applicable standards, 
        requirements, criteria, or limitations would be attained.
    ``(iii) In the case of a remedial action for a release or 
threatened release of a hazardous substance, pollutant, or contaminant 
into a source of drinking water, if the President makes a determination 
described in clause (ii)(I), the President shall consider proposed 
maximum contaminant level goals under the Safe Drinking Water Act, 
health advisories, and other relevant information in ensuring that the 
remedial action attains levels or standards of control that are 
protective of human health and the environment.''.
            (4) Subparagraph (D) of section 121(d)(3) of such Act, as 
        so redesignated, is amended by striking clause (iv).
            (5) Section 121(d)(5) of such Act, as so redesignated, is 
        amended--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``paragraph (1)'' and 
                        inserting ``paragraphs (1) and (2)'';
                            (ii) by striking ``paragraph (2)'' and 
                        inserting ``paragraph (3)'';
                    (B) by striking subparagraph (C);
                    (C) by redesignating subparagraphs (A), (B), (D), 
                (E), and (F) as clauses (i), (ii), (iii), (iv), and 
                (v), respectively;
                    (D) by capitalizing the first word in each of those 
                clauses (as so redesignated);
                    (E) by striking the semicolon and inserting a 
                period at the end of each of clauses (i), (ii), and 
                (iii) (as so redesignated);
                    (F) by striking ``; or'' at the end of clause (iv) 
                (as so redesignated) and inserting a period;
                    (G) by striking ``President finds that--'' and 
                inserting ``President finds any of the following:'';
                    (H) by inserting ``(A)'' before ``The President may 
                select'';
                    (I) by designating the text following clause (v) 
                (as so redesignated) as subparagraph (B); and
                    (J) by adding at the end the following new 
                subparagraph:
    ``(C) In any case where the President, in making a finding pursuant 
to this paragraph, waives any requirement, standard, criteria, or 
limitation specified under paragraph (3)(A) relating to contaminated 
ground water or surface water, the President shall select an 
appropriate remedy for contaminated ground water or surface water which 
meets, at a minimum, the following requirements:
            ``(i) Prevention or elimination of any human ingestion of 
        or exposure to water containing any hazardous substance, 
        pollutant, or contaminant at levels in excess of the levels 
        specified under paragraph (3)(A) including, as appropriate, the 
        provision of an alternate water supply.
            ``(ii) To the extent technically feasible, containment and 
        treatment of source areas that may continue to release 
        hazardous substances, pollutants, or contaminants to ground or 
        surface waters.
            ``(iii) Unless technically infeasible, prevention of 
        further contamination or impairment of any surface water 
        designated use established under section 303 of the Federal 
        Water Pollution Control Act caused by such hazardous substance, 
        pollutant, or contaminant in any surface water body into which 
        such contaminated ground water is known or expected to enter.
            ``(iv) Unless technically infeasible, containment of ground 
        water contamination, except where limited migration of 
        contamination is necessary to facilitate restoration of ground 
        water to beneficial use.
            ``(v) Provision for long-term monitoring of such ground 
        water until contaminants are no longer present (including any 
information needed for the purposes of review under subsection (c)).
            ``(vi) Assurance that, if the President has selected 
        alternative sources of water supply or methods of treating 
        contaminated water, including point-of-entry treatment, the 
        party or parties otherwise responsible for remediation shall 
        assume responsibility and liability for providing water for 
        domestic use meeting the requirements of levels specified in 
        paragraph (3)(A), including all associated incremental costs 
        for operation, maintenance, and delivery of water for present 
        and anticipated future domestic uses until such time as the 
        level of contamination is consistently below the levels 
        specified by paragraph (3)(A).''.
    (d) Institutional Controls.--Section 121 of such Act is further 
amended by adding at the end the following new subsection:
    ``(g) Institutional Controls.--
            ``(1) Requirement for use of institutional controls in 
        certain circumstances.--The President may not select a remedial 
        action that allows hazardous substances, pollutants, or 
        contaminants to remain at a facility above levels that would be 
        protective for unrestricted use unless institutional controls 
        meeting the requirements of section 104 are incorporated into 
        the remedial action. Whenever such controls are selected, the 
        President shall ensure that the terms of the controls are 
        specified in all appropriate decision documents, enforcement 
        orders, and public information regarding the site. The 
        President may use institutional controls as a supplement to, 
        but not as a substitute for, other response measures under this 
        Act.
            ``(2) Assurances.--In any case in which the President 
        selects a response action that relies on institutional controls 
        to provide protection, the President shall--
                    ``(A) ensure that such controls are adequate to 
                protect, over the long term, human health and the 
                environment, including fetuses, children, and other 
                highly exposed, highly susceptible, or differentially 
                susceptible subpopulations;
                    ``(B) require measures to ensure that such controls 
                will be appropriately implemented, monitored, and 
                enforced;
                    ``(C) ensure that such controls are developed in 
                consultation with and are acceptable to the affected 
                community;
                    ``(D) upon adoption of such controls, ensure that 
                public notice is given and that the controls are 
                identified in the register established under section 
                104(k)(2)(H) and incorporated in the recordation 
                systems of the appropriate jurisdiction in which the 
                property is located; and
                    ``(E) ensure that such controls shall remain in 
                effect until terminated in accordance with section 
                104(k)(2)(F).
            ``(3) Use of institutional controls.--
                    ``(A) Terms of controls to be specified in decision 
                documents.--Whenever institutional controls are 
                selected as a component of a response action, the 
                President shall ensure that the terms of the controls 
                are specified in all appropriate decision documents, 
                enforcement orders, and public information regarding 
                the site. At a minimum, the President shall specify the 
                government official who is primarily responsible for 
                monitoring and enforcing the institutional controls. 
                Each record of decision with respect to a facility 
                shall clearly identify any institutional controls that 
                restrict uses of land or other resources or other 
                activities at the facility.
                    ``(B) Changes in controls.--Any such change shall 
                be undertaken consistent with section 117 and notice 
                shall be given pursuant to the requirements of section 
                104.
            ``(4) Facility fund.--
                    ``(A) In general.--In the case of a facility for 
                which the selected remedial action is containment or 
                which otherwise results in hazardous substances, 
                pollutants, or contaminants remaining on site above 
                levels that would allow for unrestricted use of the 
                facility, a fund shall be established specifically for 
                that facility in an amount sufficient to guarantee 
                successful performance of a remedy at the facility and, 
                to the extent technically feasible, future beneficial 
                reuse. The fund shall consist of amounts deposited into 
                it by potentially responsible parties.
                    ``(B) Use of facility fund.--The amounts in the 
                fund shall be used at the facility for (i) costs of any 
                response necessary in the event that the remedial 
                action is not protective of human health and the 
                environment; and (ii) costs of any further reductions 
                in the volume, toxicity, or mobility of any hazardous 
                substance, pollutant, or contaminant remaining on site 
that are facilitated by the development of new technologies. Such costs 
shall be response costs under section 107(a). The President may, in his 
discretion, require a fund to be established as a condition of 
settlement under section 122.
            ``(5) Report to congress.--The Administrator shall, on 
        March 1, 1999, and annually thereafter, report to Congress for 
        each record of decision signed during the previous fiscal year, 
        the type of institutional controls and media affected, and the 
        institution designated to monitor, enforce, and ensure 
        compliance with the institutional controls.''.
    (e) Procedural Requirements; Enforcement.--Section 121(e)(1) is 
amended by adding the following at the end thereof: ``Except for 
recordkeeping and reporting, procedural requirements of State laws 
shall not apply to the portion of any removal or remedial action 
conducted entirely onsite.''.
    (f) Definition of Technically Infeasible.--Section 121 of such Act 
is further amended by adding at the end the following new subsection:
    ``(h) Definitions.--
            ``(1) The term `technically infeasible' means that a 
        technology or combination of technologies that would be able to 
        achieve a required outcome does not exist.
            ``(2) The term `maximum extent technically feasible' means 
        that to the extent that a technology or combination of 
        technologies that is able to achieve a required outcome exists, 
        it should be used to its fullest ability to achieve that 
        required outcome.''.
    (g) Transition.--
            (1) Effective date.--This section, and the amendments made 
        by this section, shall become effective 180 days after the date 
        of enactment of this Act. Remedies selected under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 following that effective date shall be 
        selected as provided in section 121(b) of that Act (as amended 
        by this Act) and subject to the Federal and State requirements 
        specified in paragraphs (2) and (3) of section 121(d) of that 
        Act (as amended by this Act).
            (2) Prior rods.--(A) Nothing in this Act shall place upon 
        the Administrator an obligation to reopen a record of decision 
        signed prior to the effective date of this section.
            (B) If, pursuant to section 117 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 
        1980, the Administrator determines that a change to a record of 
        decision signed prior to the effective date of this section is 
        necessary, the Administrator may apply the rules in effect at 
        the time the original record of decision was signed.

SEC. 102. AUTHORITIES FOR INSTITUTIONAL CONTROLS.

    Section 104 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended by 
adding at the end the following:
    ``(k) Institutional Control Instruments.--
            ``(1) In general.--In any response action that includes 
        institutional controls, the President shall use one or more of 
        the types of institutional control instruments under paragraph 
        (3). Any institutional control instrument that is used in a 
        response action shall meet the criteria of paragraph (2). Any 
        institutional control instrument may include terms regarding 
        site access by persons involved in carrying out the response 
        action.
            ``(2) Criteria.--
                    ``(A) Content of instruments.--An institutional 
                control instrument shall contain, at a minimum--
                            ``(i) a legal description of the property 
                        affected;
                            ``(ii) the name or names of any current 
                        owner or owners of the property as reflected in 
                        public land records;
                            ``(iii) a description of the release or 
                        threatened release; and
                            ``(iv) a statement as to the nature of the 
                        restriction, limitation, or control created by 
                        the institutional control instrument.
                    ``(B) Use restriction notice.--If the President 
                adopts an institutional control instrument (or, in the 
                case of an assignable instrument, assigns it 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 the land or other natural 
                resources provided for in the institutional control 
                instrument. If a particular institutional control 
                instrument applies to a large number of properties such 
                that compliance with this notice requirement is 
                impractical, the President may substitute another 
mechanism for providing continuing notice of property use restriction.
                    ``(C) Filing of notice.--If recording in the public 
                land records is required under this subsection, the 
                President shall file the notice or other document 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 notice or other 
                document shall be filed in the office of the clerk of 
                the United States district court for the district in 
                which the affected property is located and the registry 
                established under subparagraph (H).
                    ``(D) Persons subject to instruments.--An 
                institutional control instrument shall be enforceable 
                in perpetuity (unless terminated and released as 
                provided for in this section) against any holder of an 
                interest in the affected property at the time the 
                instrument is adopted and all persons who subsequently 
                acquire an interest in the property or rights to use 
                the property, including lessees, licensees, and any 
                other person with an interest in the property. In the 
                case of easements, such easements shall apply without 
                respect to privity or lack of privity of estate or 
                contract, lack of benefit running to any other 
                property, assignment of the easement to another party 
                or sale or other transfer of the burdened property, or 
                any other circumstance which might otherwise affect the 
                enforceability of easements or similar deed 
                restrictions under the laws of the State. The 
                instrument 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 adoption of the instrument, and 
                shall remain in effect notwithstanding any foreclosure 
                or other assertion of such interests.
                    ``(E) Enforcement.--
                            ``(i) Effect of violations.--Violation of 
                        any restriction, limitation, or control imposed 
                        under an institutional control instrument 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), by States under 
                        section 121(e)(2), or in citizen suits under 
                        section 310. No citizen suit under section 310 
                        to enforce such an instrument may be commenced 
                        if the holder of the easement has commenced and 
                        is diligently prosecuting an action in court to 
                        enforce the easement.
                            ``(ii) Enforcement actions.--The President 
                        may take appropriate enforcement actions to 
                        ensure compliance with the terms of the 
                        instrument whenever the Administrator of the 
                        Environmental Protection Agency determines that 
                        the terms set forth in the instrument are being 
                        violated.
                            ``(iii) Savings clause.--Nothing in this 
                        section shall limit rights or remedies 
                        available under other laws.
                    ``(F) Termination or modification of institutional 
                control instruments.--An institutional control 
                instrument adopted under this subsection shall remain 
                in force until the instrument is modified or terminated 
                by or with the approval of the Administrator upon a 
                determination that the instrument is no longer needed 
                to protect human health and the environment, including 
                fetuses, children, and other highly exposed, highly 
                susceptible, or differentially susceptible 
                subpopulations. Such modification or termination shall 
                be recorded in the same manner as the original 
                instrument.
                    ``(G) 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 and institutional control 
                instruments and any termination or modification 
                thereof. Such regulations shall ensure that before 
                acquiring an institutional control instrument, and 
                before recording any notice of such instrument, the 
                President will give notice and an opportunity to 
                comment to the owner of the affected property, all 
                other persons with recorded interests in the property, 
                any lessees or other authorized occupants of the 
                property known to the President, the State and any 
                municipalities in which the property is located, any 
                relevant community advisory group established under 
section 117, the affected community and the general public.
                    ``(H) Registry of institutional controls.--The 
                President shall maintain a registry of all property at 
                which institutional controls have been established in 
                connection with any response action under this Act. The 
                registry shall identify the property and the nature or 
                form of the institutional controls, including any 
                subsequent changes in the nature or form of such 
                controls. Where this section refers to the filing of 
                any document in the local land records, 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, or if the procedures 
                maintained by the designated office do not allow for 
                the filing of such a document, the document shall be 
                filed in this registry.
            ``(3) Types of instruments.--
                    ``(A) Easements.--
                            ``(i) Authority to acquire easements.--In 
                        connection with any response action under this 
                        Act, in order to prevent exposure to, reduce 
                        the likelihood of, or otherwise respond to a 
                        release or threatened release of a hazardous 
                        substance, pollutant, or contaminant, the 
                        President may acquire, at fair market value, or 
                        for other consideration as agreed to by the 
                        parties, a hazardous substance easement which 
                        restricts, limits, or controls the use of land 
                        or other natural resources, including 
                        specifying permissible or impermissible uses of 
                        land, prohibiting specified activities upon 
                        property, prohibiting the drilling of wells or 
                        use of ground water, or restricting the use of 
                        surface water.
                            ``(ii) Use of easements.--A hazardous 
                        substance easement under this subsection may be 
                        used wherever institutional controls have been 
                        selected as a component of a response action.
                            ``(iii) 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. For an easement acquired 
                        from entities that are not responsible parties, 
                        valuation of such easement shall be based on 
                        the value of the property in an uncontaminated 
                        condition. The costs of obtaining, ensuring 
                        adequate public notice of, and otherwise 
                        tracking and maintaining the protections 
                        afforded by the easements shall be considered 
                        response costs which are recoverable under this 
                        Act.
                            ``(iv) Assignment of easements to parties 
                        other than the president.--
                                    ``(I) Authority to assign.--The 
                                President may, where appropriate and 
                                with the consent of the State, assign 
                                an easement acquired under this 
                                subsection to a State that has the 
                                capacity to effectively enforce the 
                                easement over the period of time during 
                                which the easement is in effect. In the 
                                case of any assignment, the easement 
                                shall also be fully enforceable by the 
                                assignee. Any assignment of such an 
                                easement by the President may be made 
                                by following the same procedures as are 
                                used for the transfer of an interest in 
                                real property to a State under section 
                                104(j).
                                    ``(II) Easements held by other 
                                persons.--Any interest in property 
                                granted to a State, an Indian Tribe, or 
                                another governmental entity or other 
                                person which restricts, limits, or 
                                controls the use of land 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, pollutant, or contaminant, 
                                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 acquired 
                                by the President regardless of whether 
                                the interest in property is otherwise 
                                denominated as an easement, covenant, 
                                or any other form of property right.
                            ``(v) Applicability of other provisions.--
                        Holding a hazardous substance easement shall 
                        not in itself subject either the holder thereof 
                        or the owner of the affected property to 
                        liability under section 107. Any such easement 
                        acquired by the President shall not be subject 
                        to the requirements of subsection (j)(2) or 
                        section 120(h). Nothing in this subsection 
                        limits or modifies the authority of the 
                        President pursuant to subsection (j)(1).
                    ``(B) Order imposing restrictions.--In connection 
                with any response action under this Act, in order to 
                prevent exposure to, reduce the likelihood of, or 
                otherwise respond to a release or threatened release of 
                a hazardous substance, pollutant, or contaminant, the 
                President may by order establish appropriate 
                restrictions, limitations, or controls on the use of 
                land or other natural resources, including specifying 
                permissible or impermissible uses of land, prohibiting 
                specified activities upon property, prohibiting the 
                drilling of wells or use of ground water, 
or restricting the use of surface water. Any such order shall be 
binding on each person who receives actual notice of the order, and 
after filing in the appropriate land records shall be binding on the 
owner's successors, assigns, and lessees, and on any person who 
subsequently acquires an interest in the property. A finding of 
imminent and substantial endangerment shall not be required to issue an 
order under this subparagraph.
                    ``(C) State institutional control instruments.--In 
                connection with any response action under this Act, in 
                order to prevent exposure to, reduce the likelihood of, 
                or otherwise respond to a release or threatened release 
                of a hazardous substance, pollutant, or contaminant, 
                the President may include in a response action 
                institutional controls adopted pursuant to State law, 
                if such controls meet all requirements of paragraph (2) 
                of this subsection.''.

SEC. 103. AMENDMENTS RELATING TO RESPONSE AUTHORITIES.

    (a) Removal Actions.--Section 104(a)(2) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(a)(2)) is amended by adding at the end the following: ``The 
President shall ensure that a removal action is not undertaken in lieu 
of a long-term remedial action.''.
    (b) Further Response Action.--Section 104(a) of such Act is amended 
by adding at the end the following:
    ``(5) Nothing in this Act shall be interpreted to limit the 
authority of the President, subsequent to selection of a remedial 
action, to take any further response action necessary to remove or 
remediate residual hazardous substances, pollutants, or contaminants 
where such removal or remediation is appropriate for the restoration of 
natural resources.''.

           TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

SEC. 201. DEFINITIONS.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is amended by 
adding at the end the following:
    ``(j) Definitions.--
            ``(1) Covered facility.--The term `covered facility' means 
        a facility--
                    ``(A) that has been listed or proposed for listing 
                on the National Priorities List;
                    ``(B) at which the Administrator is undertaking an 
                action anticipated to exceed 1 year in duration, or 
                with respect to which the funding limit under section 
                104 of this Act is anticipated to be reached; or
                    ``(C) with respect to which the Administrator of 
                ATSDR has accepted a petition requesting a health 
                assessment or related health activity under section 
                104(i)(6)(B).
            ``(2) Affected community.--The term `affected community' 
        means any group of 2 or more individuals (including 
        representatives of Indian tribes) which may be affected by the 
        release or threatened release of hazardous substances, 
        pollutants, or contaminants at a covered facility.
            ``(3) Notice.--The term `notice' means an announcement, 
        including the date, time, location, and agenda of any meeting 
        to be held, that is issued using communications media targeted 
        to residents of affected communities and posters displayed in 
        public places within the affected community.''.

SEC. 202. PUBLIC PARTICIPATION.

    (a) TAG Grants.--Section 117(e) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9617(e)) 
is amended to read as follows:
    ``(e) Grants for Technical Assistance.--
            ``(1) Authority.--In accordance with the rules promulgated 
        by the Administrator, the Administrator may make grants 
        available to any Community Advisory Group or affected 
        community. Such grants shall be known as Technical Assistance 
        Grants (`TAGs').
            ``(2) Special rules.--No matching contribution shall be 
        required for a Technical Assistance Grant. The Administrator 
        may make the lesser of $10,000 or 10 percent of the total grant 
        amount available to the grant recipient, in advance of the 
        expenditures to be covered by the grant.
            ``(3) Grant availability.--The Administrator shall promptly 
        notify residents and Indian tribes living near a covered 
        facility that a technical assistance grant is available under 
        this section.
            ``(4) Number of tags per facility.--Except as provided in 
        this paragraph, not more than one grant may be made at a time 
        under this subsection with respect to a single covered 
        facility, but the grant may be renewed to facilitate public 
participation at all stages of response action, including operation and 
maintenance. Limits shall be established with respect to the number of 
years for which grants may be available based on the duration, type, 
and extent of response activity at a covered facility. The 
Administrator may provide more than one grant under this subsection 
with respect to a single covered facility, considering such factors as 
the area affected by the covered facility and the distances between 
affected communities.
            ``(5) Funding amount.--The initial amount of any grant 
        under this subsection may not exceed $100,000 (based on fiscal 
        year 1998 constant dollars) for a single grant recipient, 
        except that the Administrator may increase the amount of the 
        grant if the grant recipient demonstrates that the covered 
        facility's characteristics indicate additional funds are 
        necessary due to the complexity of the response action, 
        including the size and complexity of the covered facility or 
        the nature or volume of site-related information, or if the 
        grant recipient requests such additional funds to perform 
        biological sampling under paragraph (7)(C). In addition, the 
        Administrator must find that the grant recipient's management 
        of a previous grant award, if any, was satisfactory, and that 
        the costs incurred under the award are allowable and 
        reasonable.
            ``(6) Simplification.--To ensure that the application 
        process is accessible to all affected persons, including those 
        that reside in a special priority area listed under section 
        116(f)(2), the Administrator shall review the existing 
        guidelines and application procedures for the TAGs and, within 
        180 days after the date of enactment of this section, revise, 
        as appropriate, such guidelines and procedures to simplify the 
        process of obtaining such grants.
            ``(7) Authorized grant activities.--
                    ``(A) Interpretation of information.--Grants 
                awarded under this subsection may be used to obtain 
                technical assistance in interpreting information and 
                providing input with regard to (i) the nature of the 
                hazard at a covered facility; (ii) sampling and 
                monitoring plans, (iii) the remedial investigation and 
                feasibility study; (iv) the record of decision; (v) the 
                selection, design, and construction of the remedial 
                action; (vi) operation and maintenance; (vii) removal 
                activities at such covered facility; or (viii) health 
                assessment or related health activity.
                    ``(B) Environmental sampling.--
                            ``(i) In general.--Grants awarded under 
                        this subsection may be used to obtain technical 
                        assistance in developing environmental sampling 
                        plans, collecting samples, analyzing samples, 
                        and interpreting sample data.
                            ``(ii) Approval of sampling plans.--Before 
                        any samples are collected by a TAG recipient, a 
                        sampling plan shall be submitted to the 
                        Administrator for approval. The Administrator 
                        shall promulgate regulations regarding the 
                        submittal of such plans.
                A sampling plan shall be deemed to be approved unless 
                such approval is denied by the Administrator within 60 
                days after the date on which the plan is submitted. If 
                the Administrator denies approval of the plan, the 
                Administrator shall provide an explanation of such 
                denial to the entity that submitted the plan. The 
                entity may revise and resubmit the plan accordingly.''.
                    ``(C) Biological sampling.--Grants awarded under 
                this section also may be used to collect and analyze 
                biological samples. Such sample collection and analysis 
                shall be performed by an accredited health care 
                professional.
                    ``(D) Additional activities.--(i) Subject to clause 
                (ii), grants awarded under this section also may be 
                used--
                            ``(I) to obtain technical assistance in 
                        interpreting information used to rank 
                        facilities according to the Hazard Ranking 
                        System;
                            ``(II) to hire a community coordinator;
                            ``(III) to hire health experts to advise 
                        affected residents on health assessment and 
                        data gathering efforts and response activities, 
                        and on the design of any health studies that a 
                        government agency performs;
                            ``(IV) to hire technical or legal experts 
                        to file comments with governmental agencies and 
                        generate other documents as necessary to ensure 
                        full participation by the grant recipient;
                            ``(V) to publish newsletters or otherwise 
                        finance the dissemination of information; and
                            ``(VI) to evaluate the reliability of long-
                        term operation and maintenance and 
                        institutional controls.
                    ``(ii) Not more than 10 percent of the amount of a 
                technical assistance grant may be used for hiring legal 
                experts or for travel expenses.
                    ``(E) Availability of information.--Information 
                generated by the recipients of grants under this 
                section shall be made available, as appropriate, to the 
                appropriate Community Information and Access Office.
            ``(8) Non-site-specific grants.--In accordance with the 
        rules promulgated by the Administrator, the Administrator may 
        make Technical Assistance Grant funds available to Indian 
        tribes, nonprofit organizations, and citizens groups to enhance 
        their participation in rulemaking processes carried out in 
        accordance with this Act. Total funding for all such grants 
        shall not exceed $100,000.
            ``(9) National conference.--
                    ``(A) In general.--The Administrator shall convene 
                a national conference once every two years for TAG 
                advisors and recipients for purposes of exchanging 
                information and making recommendations to the 
                Administrator.
                    ``(B) Report to the administrator.--The 
                participants in a national conference shall, not later 
                than 180 days after the conference ends, submit to the 
                Administrator a report. The report shall contain such 
                findings and recommendations as the participants in the 
                conference consider appropriate.''.
    (b) Improving Citizen and Community Participation.--(1) Section 117 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9617) is amended by--
            (A) redesignating paragraphs (1) and (2) of subsection (a) 
        as subparagraphs (A) and (B);
            (B) striking ``under paragraph (1)'' in such subsection (a) 
        and inserting ``under subparagraph (A)'';
            (C) redesignating such subsection (a) as paragraph (4);
            (D) by redesignating subsections (b) and (c) as paragraphs 
        (6) and (7) of subsection (a); and
            (E) inserting the following immediately after the section 
        heading:
    ``(a) Improving Citizen and Community Participation in 
Decisionmaking.--
            ``(1) In general.--In order to provide an opportunity for 
        meaningful public participation in every significant phase of 
        response activities under this Act, the President shall take 
        the actions specified in this subsection.
            ``(2) Health assessment and preliminary assessment and site 
        inspection.--The President shall provide the opportunity for 
        public meetings and provide a notice of such meetings before or 
        during performance of the health assessment or related health 
        activity and the preliminary assessment and site inspection, as 
        appropriate. Before or during the health assessment or related 
        health activity and site inspection, the President shall 
        solicit and evaluate concerns, interests, and information from 
        the Community Advisory Group, if any, affected Indian tribes, 
        the affected community, local government officials and local 
        health officials. The evaluation shall include, as appropriate, 
        face-to-face community surveys to identify the location of 
        private drinking water wells, potential exposure pathways, 
        including historic, current, and potential use of water, and 
other environmental resources in the community; a public meeting; 
written responses to significant concerns; and other appropriate 
participatory activities.
            ``(3) Remedial investigation and feasibility study.--The 
        President shall provide the opportunity for public meetings and 
        publish a notice of such meetings before or during the Remedial 
        Investigation and Feasibility Study (RI/FS). During the 
        remedial investigation and feasibility study, the President 
        shall solicit the views and preferences of the Community 
        Advisory Group, if any, affected Indian tribes, the affected 
        community, local government officials and local health 
        officials on the remediation and disposition of hazardous 
        substances, pollutants, or contaminants at the covered 
        facility. Such views and preferences shall be described in the 
        remedial investigation and feasibility study and considered in 
        the screening of remedial alternatives for the covered 
        facility.''.
    (2) Such section 117, as amended by this subsection, is amended by 
adding the following new paragraph after paragraph (4) of subsection 
(a):
            ``(5) Completion of work plan.--The President shall provide 
        the opportunity for public meetings and publish a notice of 
        such meetings before or during the completion of the work plan 
        for the Remedial Design and Remedial Action.''.
    (3) Such section 117, as amended by this subsection, is amended by 
adding the following new paragraphs after paragraphs (6) and (7):
            ``(8) Alternatives.--Pursuant to paragraph (4), members of 
        the Community Advisory Group, if any, affected Indian tribes, 
        the affected community, local government officials and local 
        health officials may propose remedial alternatives to the 
        President, and the President shall consider such alternatives 
        in the same manner as the President considers alternatives 
        proposed by other parties.
            ``(9) Selecting appropriate procedures.--In determining 
        which of the procedures set forth in paragraph (2) may be 
        appropriate, the Administrator may consult with the Community 
        Advisory Group, if any, affected Indian tribe, the affected 
        community, local government officials and local health 
        officials.
            ``(10) Providing information.--The President, with the 
        assistance of the Community Information and Access Offices (as 
        provided for in subsection (c)), shall provide information to 
        the Community Advisory Group, if any, affected Indian tribes, 
        the affected community, local government officials and local 
        health officials throughout all significant phases of the 
        response action at the covered facility. The President, on a 
        regular basis, shall inform such entities of the progress and 
        substance of technical meetings between the lead agency and 
        potentially responsible parties regarding a covered facility. 
        The President shall notify the Community Advisory Group, if 
        any, affected Indian tribes, the affected community, local 
        government officials and local health officials concerning--
                    ``(A) the schedule for commencement of construction 
                activities at the covered facility and the location and 
                availability of construction plans;
                    ``(B) the results of any review under section 
                121(c) and any modifications to the covered facility 
                made as a result of the review; and
                    ``(C) the execution of and any revisions to 
                institutional controls being used as part of a remedial 
                action.
            ``(11) Public meetings.--Public meetings required under 
        this subsection shall be designed to obtain information from 
        the affected community and disseminate information to the 
        affected community concerning the President's covered facility 
        activities and pending decisions. Public meetings shall be held 
        at a convenient and easily accessible location within the 
        affected community and at a time when the majority of residents 
        of the affected community is able to attend the meeting. A 
        notice of any such meeting shall be issued at least 10 days 
        before the date of the meeting.
            ``(12) Special priority areas.--In taking the actions 
        specified in this subsection, the President shall consider the 
        unique needs of residents of special priority areas listed 
        under section 116(f)(2).''.
    (4) Such section 117 is amended by striking ``major'' in subsection 
(d).
    (5) Such section 117 is amended by adding the following new 
subsection after subsection (a), as amended by this section:
    ``(b) Additional Public Involvement Requirements.--(1) The 
President shall make records relating to the covered facility available 
to the public throughout all phases of response action at the covered 
facility. Such information shall be made available to the public for 
inspection and copying without the need to file a formal request, 
subject to reasonable service charges as appropriate, in accordance 
with the schedule of fees promulgated in regulations under section 
552(a)(4)(A) of title 5, United States Code. This paragraph shall not 
apply to a record that is exempt from disclosure under section 552 of 
title 5, United States Code, or to any record that is exchanged between 
parties to a dispute under this Act for the purposes of settling the 
dispute.
    ``(2) The President, in carrying out responsibilities under this 
Act, shall ensure that the presentation of information on risk is 
unbiased and informative and clearly discloses any uncertainties and 
data gaps.
    ``(3) Notwithstanding any other provision of this subsection, in 
the case of a removal action taken in accordance with section 104 which 
is expected to extend beyond 180 days, the President shall comply with 
the requirements of this section unless the President determines that 
such compliance presents an imminent and substantial endangerment to 
human health or the environment. Whenever the planning period for a 
removal action is expected to be greater than 180 days, the 
Administrator shall provide the Community Advisory Group, if any, 
affected Indian tribes, the affected community, local government 
officials and local health officials with notice of the anticipated 
removal action and a public comment period of no less than 30 days.
    ``(4) Any resident of an affected community shall have the ability 
to fully initiate or participate in any remedy review processes or 
mechanisms established by the Administrator.''.
    (6) Such section 117 is further amended by adding the following new 
subsection after subsection (e):
    ``(f) Understandable Presentation of Materials.--The President 
shall ensure that information prepared for distribution to the public 
under this section shall be provided or summarized in a manner that may 
be easily understood, considering any unique cultural needs of the 
affected community, including presentation of information orally and 
distribution of information in languages other than English, as 
appropriate.''.

SEC. 203. COMMUNITY INFORMATION AND ACCESS OFFICES.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is amended by 
adding the following after subsection (b), as added by section 202:
    ``(c) Community Information and Access Offices.--
            ``(1) Establishment.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 18 months after the date of enactment of 
                this subsection, a State with a covered facility, or an 
                Indian tribe in the case of such a facility in Indian 
                country (as defined in section 1151 of title 18, United 
                States Code), shall establish a Community Information 
                and Access Office to perform the functions set forth in 
                paragraph (3).
                    ``(B) Existing offices.--The Administrator may 
                determine that a State or tribal office in existence 
                before the date of enactment of this subsection can or 
                does already perform the functions of a Community 
                Information and Access Office and is eligible for 
                funding under paragraph (2).
                    ``(C) Process.--Each State or tribe shall decide 
                the process for establishing a Community Information 
                and Access Office.
                    ``(D) EPA role.--The Administrator shall approve 
                the Office if it meets the requirements of this 
                subsection. If the Administrator determines that the 
                State or tribe has not established an office or offices 
                that can perform the functions of a Community 
                Information and Access Office, the Administrator shall 
                establish an office or offices in the State.
                    ``(E) Number of offices.--The Administrator may 
                require the establishment of more than one Community 
                Information and Access Office in a State, considering 
                factors such as the number of covered facilities in the 
                State, the geographic distance between such facilities, 
                and the number of people affected by such facilities in 
                the State.
            ``(2) Funding.--
                    ``(A) In general.--Funding for the operation of 
                Community Information and Access Offices, or State, 
                tribal, or Environmental Protection Agency offices that 
                perform similar functions, collectively, shall not 
                exceed $50,000,000 for a fiscal year.
                    ``(B) State or tribal grants.--Each State or Indian 
                tribe that has a Community Information and Access 
                Office, or each State, Indian tribe, or Environmental 
                Protection Agency office performing the functions of a 
                Community Information and Access Office, shall receive 
                not less than $500,000, and not more than $1,000,000, 
                for a fiscal year.
                    ``(C) Formula.--
                            ``(i) In general.--The Administrator shall 
                        publish guidelines establishing a formula for 
                        determining the actual amount of funding for 
                        each Community Information and Access Office.
                            ``(ii) Factors.--The formula shall include 
                        factors such as the number of facilities listed 
                        or proposed for listing on the National 
                        Priorities List that would be covered by the 
                        Community Information and Access Office.
            ``(3) Functions.--
                    ``(A) In general.--A Community Information and 
                Access Office shall--
                            ``(i) assist the Administrator (I) in 
                        disseminating information regarding facilities, 
                        information regarding the existence of the 
                        Office and its services, and information 
                        regarding opportunities for public 
                        participation under this Act, (II) in notifying 
                        citizens of public meetings, notifying the 
                        community living or working near a facility of 
                        the opportunity to establish a community 
                        advisory group, and notifying the public of the 
                        availability of TAGs, (III) in informing 
                        citizens of their rights under this Act, 
                        including the availability of health services 
                        and the right of petition for assessment of 
                        release, for performance of a health 
                        assessment, and for establishment of a 
                        Community Advisory Group, and (IV) in providing 
                        citizens with information relating to the 
                        operation of Federal, State, and tribal 
                        hazardous substance and waste laws with respect 
                        to facilities within the State or in Indian 
                        country (as defined in section 1151 of title 
                        18, United States Code);
                            ``(ii) serve as a clearinghouse, maintain 
                        records, and provide electronic access as 
                        appropriate, for facility information, 
                        including a description of the Administrator's 
                        process for identifying facilities and 
                        undertaking response actions under this Act, a 
                        list of facilities located in the State or in 
                        Indian country (as defined in section 1151 of 
                        title 18 United States Code), and with respect 
                        to each such facility and to the extent 
                        information becomes available--
                                    ``(I) the location, name of owner 
                                or operator, and characteristics of the 
                                facility;
                                    ``(II) the hazardous substances, 
                                pollutants, and contaminants present, 
                                including the quantities and relative 
                                toxicities of the substances, 
                                pollutants, and contaminants;
                                    ``(III) the response actions being 
                                taken, including records of any 
                                institutional controls that are 
                                included in the response actions;
                                    ``(IV) any health data generated in 
                                connection with the facility;
                                    ``(V) the status of the response 
                                actions at the facility;
                                    ``(VI) any report generated as a 
                                result of a review under section 
                                121(c);
                                    ``(VII) the location of the 
                                Administrative Record created for the 
                                facility, if any, under section 113(k); 
                                and
                                    ``(VIII) any ongoing operation and 
                                maintenance requirements or 
                                institutional controls in place;
                            ``(iii) assist members of an affected 
                        community or Community Advisory Group in 
                        applying for technical assistance grants under 
                        subsection (e); and
                            ``(iv) assist individuals in petitioning 
                        for assessment of release under section 105(d), 
                        in petitioning for a health assessment under 
                        section 104(i)(6)(B), or in petitioning for 
                        establishment of a Community Advisory Group 
                        under section 117(g)(1)(B).
                    ``(B) Report.--
                            ``(i) In general.--Each Community 
                        Information and Access Office shall annually 
                        submit a report to the Administrator 
                        summarizing the performance of its duties and 
                        shall certify in the report that any funds used 
                        under paragraph (2) by the Community 
                        Information and Access Office have been used in 
                        compliance with the requirements of this 
                        subsection. The Administrator shall make such 
                        report available to the public.
                            ``(ii) Verification by inspector general.--
                        The Inspector General of the Environmental 
                        Protection Agency shall periodically review the 
                        programs carried out under this subsection and 
                        reports made under this subparagraph and shall 
                        verify the accuracy of the certifications 
                        contained in the reports.
                            ``(iii) Termination of grant.--If the 
                        Administrator of the Environmental Protection 
                        Agency is unable to verify the information 
                        provided in the report, or if the Administrator 
                        determines that the grant is not being used in 
                        a manner consistent with the functions under 
                        subparagraph (A), the Administrator may 
                        terminate the grant.''.

SEC. 204. COMMUNITY ADVISORY GROUPS.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is further 
amended by adding after subsection (f) the following:
    ``(g) Community Advisory Groups.--
            ``(1) Creation and responsibilities.--The President shall 
        provide the opportunity for the establishment of a 
        representative public forum, known as a Community Advisory 
        Group (CAG), to achieve direct, regular, and meaningful 
        consultation with all interested parties throughout all stages 
        of a response action whenever--
                    ``(A) the President determines such a group will be 
                helpful; or
                    ``(B) 10 individuals residing in or at the area in 
                which the covered facility is located, or 10 percent of 
                the population of a locality in which the covered 
                facility is located, whichever is less, petition for a 
                Community Advisory Group to be established.
            ``(2) Duties.--Each Community Advisory Group shall provide 
        information and views to the President, and, as appropriate, 
        any or all of the following: the Agency for Toxic Substances 
        and Disease Registry, State agencies, Federal agencies, 
        Federal, State, and tribal natural resource trustees, and 
        potentially responsible parties conducting response actions. 
        The information and views reported shall include the various 
        subjects related to facility remediation, including facility 
        health assessments and health related activities, potential 
        remedial alternatives, and selection and implementation of 
        remedial and removal actions. The Community Advisory Group 
        shall attempt to achieve consensus among its members before 
        reporting positions to agencies, trustees, or potentially 
        responsible parties. In cases in which consensus cannot be 
        reached, the Community Advisory Group shall allow the 
        presentation of divergent views.
            ``(3) Land use.--The President shall adopt, as part of the 
        remedy selected at the facility, any consensus recommendation 
        of the Community Advisory Group on land use to be used as part 
        of the remedy. Notwithstanding the previous sentence, the 
        President shall decline to adopt such a consensus 
        recommendation upon determining that the recommendation is not 
        adequate to protect human health and the environment. In cases 
        in which there is substantive disagreement within the Community 
        Advisory Group over a recommendation regarding land use, the 
        Administrator shall make reasonable efforts to reconcile the 
        differences.
            ``(4) Community advisory group input.--With the exception 
        of land use recommendations, input received from the Community 
        Advisory Groups shall be considered by the President to be of 
        equal weight with the advice received from the Technical 
        Assistance Grant recipients and other affected community 
        members.
            ``(5) Community advisory group members.--Members shall 
        serve on the Community Advisory Group without pay. The 
        President shall provide notice and opportunity to participate 
        on a Community Advisory Group to the affected community, 
        including to persons who are or historically have been 
        disproportionately affected by facility contamination in their 
        community. The President shall ensure that each Community 
        Advisory Group, to the extent practicable, reflects the 
        composition and diversity of interests of the community near 
        the facility. Residents of the area most affected by releases 
        from the facility shall comprise a majority of the total 
        membership of the CAG. At least one person in the CAG shall 
        represent the Technical Assistance Grant recipient if such a 
        grant has been awarded under subsection (e). To the extent 
        practicable, the President shall ensure that members of the 
        following groups are represented on a CAG:
                    ``(A) Persons residing or owning residential 
                property in the area in which the covered facility is 
                located or persons who may be affected by releases from 
                the facility.
                    ``(B) Medical professionals practicing in the 
                affected community.
                    ``(C) Members of local Indian tribes or Indian 
                communities.
                    ``(D) Local citizen, civic, environmental, or 
                public interest groups with members residing in the 
                affected community.
                    ``(E) Current and former employees of the facility 
                during facility operation.
                    ``(F) Local business community members.
            ``(6) FACA.--The Federal Advisory Committee Act shall not 
        apply to a CAG established under this Act or ATSDR Community 
        Advisory Panels.
            ``(7) Technical and administrative support for community 
        advisory groups.--The President may provide administrative 
        support for Community Advisory Groups.
            ``(8) Additional participants.--The Administrator of the 
        Environmental Protection Agency, the Administrator of the 
        Agency for Toxic Substances and Disease Registry, the State, 
        representatives chosen by the governing body of local Indian 
        tribes or Indian community local governments (which may include 
        pertinent city or county governments, or both), and any other 
        governmental unit which regulates land use in the vicinity of 
        the facility, as appropriate nonresidential owners or 
        operators, and local representatives of the Potentially 
        Responsible Parties (PRPs) who represent, wherever practicable, 
        a balance of PRP interests, may participate in Community 
        Advisory Group meetings to provide information and technical 
        expertise, but shall not be members of the Community Advisory 
        Group.
            ``(9) Other public involvement.--The existence of a 
        Community Advisory Group shall not diminish any other 
        obligation of the President to consider the views of any person 
        in selecting response actions under this Act. Nothing in this 
        section shall affect the status of any Citizen Advisory Group 
        formed before the enactment of this subsection. Nothing in this 
        section shall affect the status, decisions, or future formation 
        of any Department of Defense Restoration Advisory Board, or 
        Department of Energy Site Specific Advisory Board, and no 
        Citizen Advisory Group must be established for a facility if 
        any such Board has been established for the facility.
    ``(h) Community Study.--
            ``(1) Report by the administrator.--The Administrator shall 
        prepare and submit to Congress a Community Study two years 
        after the date of enactment of this Act, shall periodically 
        update the study, and shall also provide such study to the 
        Community Information and Access Office. The Administrator and 
        Community Information and Access Offices shall ensure that 
        copies of such studies are made available to the public.
            ``(2) Content of the report.--The Administrator's report 
        shall include an analysis of the speed of listing; the speed 
        and nature of response action; the degree to which public views 
        are reflected in response actions; use of institutional 
        controls; and the population, race, ethnicity, and income 
        characteristics of each community affected by each facility 
        listed or proposed for listing on the National Priorities List.
            ``(3) Evaluation.--The Administrator shall evaluate the 
        information in the study to determine whether priority setting, 
        response actions, and public participation requirements were 
        conducted in a fair and equitable manner and identify program 
        areas that require improvements or modification.
            ``(4) Actions based on evaluation.--The Administrator shall 
        institute the necessary improvements or modifications to 
        address any deficiencies identified by the study prepared under 
        this section.''.

SEC. 205. TECHNICAL OUTREACH SERVICES FOR COMMUNITIES.

    Section 311(d)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)(2)) is 
amended to read as follows:
            ``(2) Responsibilities of centers.--The responsibilities of 
        a hazardous substance research center under this subsection 
        shall include--
                    ``(A) the conduct of research and training relating 
                to the manufacture, use, transportation, disposal, and 
                management of hazardous substances and publication and 
                dissemination of the results of the research; and
                    ``(B) the conduct of a program to provide 
                educational and technical assistance to communities 
                affected by contamination.''.

SEC. 206. RECRUITMENT AND TRAINING PROGRAM.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is amended by 
adding after subsection (h) the following:
    ``(i) Recruitment and Training Program.--
            ``(1) In general.--The Administrator, in consultation with 
        the National Institute of Environmental Health Studies, shall 
        conduct a program to assist in the recruitment and training of 
        individuals in an affected community for employment in response 
        activities conducted at the facility concerned.
            ``(2) Recruitment, training, and employment.--The 
        Administrator shall encourage a person conducting a response 
        action under this Act to train and employ persons from the 
        affected community in remediation skills.''.

                        Subtitle B--Human Health

SEC. 211. DISEASE REGISTRY AND HEALTH CARE PROVIDERS.

    Section 104 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended as 
follows:
            (1) In subsection (b), by adding the following new 
        paragraph at the end thereof:
    ``(3) Notice to Health Authorities.--The President shall notify 
State and local public health authorities and Tribal health officials 
whenever the President has reason to believe that a release of a 
hazardous substance, pollutant, or contaminant has occurred, is 
occurring, or is about to occur or that there is a threat of such a 
release.''.
            (2) By amending subparagraph (A) of subsection (i)(1) to 
        read as follows:
            ``(A) in cooperation with the States, establish and 
        maintain a national registry of serious diseases and illnesses, 
        a national registry of persons exposed to toxic substances, 
        including a subregistry of those persons exposed within special 
        priority areas listed under section 116(f)(2), and a national 
        registry of health clinics and services available within 
        affected communities as authorized under section 104(i)(15)(C), 
        including a subregistry of clinics and services available 
        within such special priority areas;''.
            (3) In subparagraph (E) of subsection (i)(1), by striking 
        ``admission to hospitals and other facilities and services 
        operated or provided by the Public Health Service'' and 
        inserting ``referral to health care providers''.
            (4) Paragraph (6)(A) of subsection (i) is amended to read 
        as follows:
    ``(A)(i) The Administrator of ATSDR shall perform a health 
assessment for each facility listed or proposed for listing on the 
National Priorities List established under section 105, including a 
facility owned or operated by a department, agency, or instrumentality 
of the United States. In the case of a facility that is listed or 
proposed for listing on the National Priorities List for ecological 
reasons only, a related health activity (including biomedical testing, 
clinical evaluations, medical monitoring, and referral to accredited 
health care providers) may be performed in lieu of a health assessment. 
Such health assessment or related health activity shall be completed 
for each facility listed or proposed for listing on the National 
Priorities List not later than 1 year after the date of proposal for 
inclusion on such list for each facility.
    ``(ii) The Administrator of the Environmental Protection Agency and 
the Administrator of ATSDR shall develop strategies, in consultation 
with State, Tribal, and local health officials, to obtain relevant on-
site and off-site characterization data, taking into account the needs 
and conditions of the affected community.
    ``(iii) The Administrator of the Environmental Protection Agency 
shall, to the maximum extent practicable, provide the Administrator of 
ATSDR with the data and information necessary to make a public health 
determination in a timely manner in order to allow the Administrator of 
ATSDR to complete the assessment.
    ``(iv) If appropriate, the Administrator of ATSDR shall provide 
recommendations for sampling environmental media to the Administrator 
of the Environmental Protection Agency as soon as practicable after 
discovering a release or threat of release of a hazardous substance, 
pollutant, or contaminant at a facility. To the maximum extent 
practicable, the Administrator of the Environmental Protection Agency 
shall incorporate such recommendations into the facility investigation 
activities.
    ``(v) 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 
        data from residents of affected communities and from other 
        sources in communities affected or potentially affected by 
        releases of hazardous substances, pollutants, or contaminants 
        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. In preparing such designs, the 
        Administrator of ATSDR shall permit each affected community to 
        play an active and early role in reviewing the designs, shall 
        place emphasis on collection of actual exposure data, and shall 
        consider sources of multiple exposure to environmental 
        pollutants.''.
            (5) Subparagraph (F) of subsection (i)(6) is amended to 
        read as follows:
    ``(F) For the purposes of this subsection and section 111(c)(4), 
the term `health assessments' shall include preliminary assessments of 
the potential risk to human health, including fetuses, children, and 
other highly exposed, highly susceptible, or differentially susceptible 
subpopulations, posed by individual sites and facilities, based on such 
factors as the nature and extent of contamination, the past, present, 
or future existence of potential pathways of human exposure and the 
community's historic exposure to site-related and non-site-related 
sources of contamination (including ground or surface water 
contamination, air emissions, and food chain contamination, including 
contamination of human breast milk), the size and potential 
susceptibility of the community within the likely pathways of exposure, 
the comparison of expected human exposure levels to the short-term and 
long-term health effects associated with identified hazardous 
substances and any available recommended exposure or tolerance limits 
for such hazardous substances, and the comparison of existing morbidity 
and mortality data on diseases that may be associated with the observed 
levels of exposure.''.
            (6) In paragraph (14) of subsection (i) by--
                    (A) striking ``distribute to the States, and upon 
                request to medical colleges, physicians, and'' and 
                inserting the following: ``distribute to the States, 
                including State health departments, Tribal health 
                officials, and upon request to medical colleges, local 
                health departments, medical centers, physicians, 
                nursing institutions, nurses, and'';
                    (B) inserting ``(A)'' after ``(14)''; and
                    (C) adding the following at the end thereof:
    ``(B) The Administrator of ATSDR shall also assemble, develop, as 
necessary, and distribute to the general public and to at-risk 
populations appropriate educational materials and other information on 
the human health effects of hazardous substances.''.

SEC. 212. SUBSTANCE PROFILES.

    Section 104(i)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(3)) is 
amended as follows:
            (1) By inserting ``(A)'' after ``(3)''.
            (2) By redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively.
            (3) By striking out the matter beginning with ``Any 
        toxicological profile or revision thereof'' and all that 
        follows through the end of such paragraph and inserting in lieu 
        thereof the following:
    ``(B) Any toxicological profile or revision thereof shall reflect 
the Administrator of ATSDR's assessment of all relevant toxicological 
testing which has been peer reviewed. The profiles prepared under this 
paragraph shall be for those substances highest on the list of 
priorities under paragraph (2) for which profiles have not previously 
been prepared or for substances not on the listing but which have been 
found at National Priorities List facilities and non-National 
Priorities List facilities and which have been determined by ATSDR to 
be of health concern. Profiles required under this paragraph shall be 
revised and republished as appropriate, based on scientific 
development. Such profiles shall be provided to the States, including 
State health departments, Tribal health officials, and local health 
departments, and made available to other interested parties.''.

SEC. 213. EXPOSURE LEVELS.

    (a) Exposure and Tolerance Limits.--Section 104(i)(5)(A) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(i)(5)) is amended by striking the first three 
sentences and inserting the following:
    ``(5)(A) For each hazardous substance listed pursuant to paragraph 
(2), the Administrator of ATSDR (in consultation with the Administrator 
of the Environmental Protection Agency and other agencies and programs 
of the Public Health Service) shall assess whether adequate information 
on the health effects of such substance is available, including the 
availability of recommended exposure or tolerance limits. For any such 
substance for which adequate information is not available (or under 
development), the Administrator of ATSDR, in cooperation with the 
Director of the National Toxicology Program or the Administrator of the 
Environmental Protection Agency, shall assure the initiation of a 
program of research designed to determine the health effects of and 
exposure or tolerance limits for (and techniques for development of 
methods to determine such effects and limits) such substance, including 
the determination of such effects and limits for fetuses, children, and 
other highly exposed, highly susceptible, or differentially susceptible 
subpopulations. Where feasible, such program shall seek to develop 
methods to determine the health effects of and exposure or tolerance 
limits for such substance in combination with other substances with 
which it is commonly found.''.
    (b) Additional Duty of Administrator of ATSDR.--Section 104(i)(1) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(i)(1)) is amended--
            (1) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (D), and (E), respectively; and
            (2) by inserting after subparagraph (A) the following:
            ``(B) establish and maintain an inventory of available 
        exposure or tolerance limits for hazardous substances 
        identified in paragraph (2);''.
    (c) Research To Establish Exposure and Tolerance Limits.--Section 
311(a)(1)(A)(i) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)(1)(A)(i)) is 
amended by inserting ``and for the establishment of exposure or 
tolerance limits for hazardous substances'' before the period.

SEC. 214. HEALTH STUDIES.

    (a) Human Health Study.--Subparagraph (A) of section 104(i)(7) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9604(i)(7)) is amended to read as follows: ``(A) 
Whenever in the judgment of the Administrator of ATSDR it is 
appropriate on the basis of the results of a health assessment or 
related health activity 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.''.
    (b) Research Program.--Section 104(i)(5)(A) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(i)(5)(A)), as amended by section 213, is amended as 
follows:
            (1) By inserting after ``program of research'' the 
        following: ``conducted directly or by such means as cooperative 
        agreements and grants with appropriate public and nonprofit 
        institutions. The program shall be''.
            (2) In the last sentence--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) by redesignating clause (iv) as clause (v); and
                    (C) by inserting after clause (iii) the following:
                            ``(iv) laboratory and other studies that 
                        can lead to the development of innovative 
                        techniques for predicting organ-specific, 
                        tissue-specific, and system-specific acute and 
                        chronic toxicity; and''.

SEC. 215. RELOCATION OF INDIVIDUALS.

    Section 104(i)(11) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(11)) is 
amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) by inserting ``(A)'' after ``(11)'';
            (3) by striking ``In any case'' and inserting the 
        following:
    ``(B) In any case'';
            (4) in subparagraph (A) (as so redesignated), by striking 
        ``or substantially mitigate the significant risk'' and 
        inserting ``the risk''; and
            (5) by adding at the end of subparagraph (A) (as so 
        redesignated) the following:
``In any case in which the President permanently relocates an 
individual, the President shall provide to the individual the 
replacement value of the individual's residence.''.

SEC. 216. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES.

    (a) Carrying Out Activities of ATSDR.--Section 104(i)(15) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 6904(i)(15)) is amended as follows:
            (1) By inserting ``(A)'' before ``The activities''.
            (2) In the first sentence, by striking ``cooperative 
        agreements with States (or political subdivisions thereof)'' 
        and inserting ``grants, cooperative agreements, or contracts 
        with States (or political subdivisions thereof), Indian tribes, 
        other appropriate public authorities, public or private 
        institutions or organizations, colleges, universities 
        (including historically black colleges and universities) and 
        other educational institutions that primarily serve minorities 
        or represent the interests of affected communities''.
            (3) By adding at the end the following new subparagraphs:
    ``(B) When a health assessment is conducted at a facility on the 
National Priorities List, or a release is being evaluated for inclusion 
on the National Priorities List, the Administrator of ATSDR may provide 
the assistance specified in subparagraph (C) to public or private 
nonprofit entities, individuals, and community-based groups that may be 
affected by the release or threatened release of hazardous substances 
in the environment.
    ``(C) The Administrator of ATSDR, pursuant to the grants, 
cooperative agreements, and contracts referred to in this paragraph, is 
authorized and directed to provide, where appropriate, health services 
to communities affected by the release of hazardous substances. Such 
health services may include diagnostic services, testing, counseling, 
specialized treatment, health data registries, and preventive public 
health education. Such services may be provided at existing health 
clinics within the affected community. If such a clinic does not 
already exist within the affected community, the Administrator shall 
establish such a clinic within 1 year after the date of enactment of 
this paragraph.''.
    (b) Funding.--Section 111 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is 
amended--
            (1) in subsection (c)(4), by inserting ``operating support 
        for and establishment of environmental health clinics and 
        health services,'' after ``assessments,''; and
            (2) in subsection (m), by adding at the end the following: 
        ``There shall be directly available to the Agency for Toxic 
        Substances and Disease Registry to be used for the 
        establishment of environmental health clinics and health 
        services under section 104(i)(15)(C) not less than $50,000,000 
        for each of fiscal years 2000 through 2004.''.

SEC. 217. INDIAN HEALTH PROVISIONS.

    Section 104(i) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9406(i)) is amended 
as follows:
            (1) In paragraph (1)--
                    (A) by inserting ``the Indian Health Service'' 
                after ``the Secretary of Transportation'';
                    (B) by inserting ``and tribal'' after ``and 
                local'';
                    (C) in subparagraph (A) by inserting ``and Indian 
                tribes'' after ``the States''; and
                    (D) in subparagraph (C) by inserting ``Indian 
                tribes'' after ``States,''.
            (2) In paragraph (4) by--
                    (A) striking ``State officials and local 
                officials'' and inserting ``State, tribal, and local 
                officials''; and
                    (B) inserting in the second sentence ``or Indian 
                tribes'' after ``States''.
            (3) In paragraph (5)(A) by inserting ``and the Indian 
        Health Service'' after ``Public Health Service''.
            (4) In paragraph (6)(C) by inserting ``where low population 
        density is not used as an excluding risk factor'' after 
        ``health appears highest''.
            (5) In paragraph (6)(E)--
                    (A) by inserting ``Indian tribe'' after ``Any''; 
                and
                    (B) by inserting at the end of the subparagraph the 
                following: ``If the ATSDR or the Administrator of the 
                Environmental Protection Agency does not act on the 
                recommendations of the State or Indian tribe, then the 
                Administrators must respond in writing to the State or 
                tribe why they have not acted on the 
                recommendations.''.
            (6) In paragraph (6)(F) by striking ``and'' after 
        ``emissions,'' and inserting ``and any other pathways resulting 
        from subsistence activities'' after ``contamination''.
            (7) In paragraph (6)(G) by striking the period at the end 
        of the last sentence and inserting the following: ``and give 
        special consideration, where appropriate, to any practices of 
        the affected community that may result in increased exposure to 
        hazardous substances, pollutants, or contaminants, such as 
        subsistence hunting, fishing, and gathering.''.
            (8) In paragraph (10)--
                    (A) by striking ``and'' at the end of subparagraph 
                (D);
                    (B) by striking the period at the end of 
                subparagraph (E) and inserting ``; and''; and
                    (C) by inserting after revised subparagraph (E) the 
                following new subparagraph:
                    ``(F) and the health impacts from pollutants, 
                contaminants, and hazardous substances on Indian tribes 
                from covered facilities.''.

SEC. 218. PUBLIC HEALTH RECOMMENDATIONS IN REMEDIAL ACTIONS.

    Section 121(c) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9621(c)) is amended 
in the first sentence by inserting after ``remedial action'' the second 
time it appears the following: ``, including public health 
recommendations and decisions resulting from activities under section 
104(i),''.

                     Subtitle C--General Provisions

SEC. 221. TRANSITION.

    (a) Effective Date in General.--Except as provided in subsection 
(b), this title and the amendments made by this title shall become 
effective upon the date of enactment of this Act.
    (b) Special Rule.--The requirements of paragraphs (2), (3), (5), 
(8), (9), and (10) of section 117(a) and of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
added by section 302(b) shall become effective 180 days after the date 
of enactment of this Act.

                        TITLE III--RIGHT TO KNOW

SEC. 301. RIGHT TO KNOW.

    (a) Amendment of Superfund.--Section 117 of title I of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended by title II, is further amended by adding at the 
end the following:
    ``(k) Disclosure of Hazardous Substances at Facilities.--
            ``(1) Purpose and means of disclosure.--The information 
        required under this subsection is intended for use by Federal, 
        State, and local governments and the public, including but not 
        limited to residents of affected communities and researchers. 
        The information on facilities not on the National Priorities 
        List, in particular, is intended to identify the multiple 
        sources of toxic chemicals to which communities may be 
        potentially exposed. The Administrator shall publish such 
        information using language and methods of communication, 
        including computer telecommunication, that the Administrator 
        believes to be clear and understandable to persons not expert 
        in environmental or legal matters. Such methods shall allow 
        persons to retrieve all the publicly available information 
        gathered by the Administrator for one or more facilities 
        through one point of access.
            ``(2) Dates of disclosure.--The potentially responsible 
        parties named by the Environmental Protection Agency in regard 
        to each facility listed on the National Priorities List, and 
        the owner or operator of each facility subject to section 313 
        of the Superfund Amendments and Reauthorization Act of 1986, 
        shall submit to the Administrator and to an official or 
        officials of the State designated by the Governor the 
        information listed under (3) on or before July 1, 2000, for the 
        calendar year 1999, and annually thereafter on or before July 1 
        for the preceding calendar year. If the Administrator is 
        carrying out a response action at such a facility, the 
        Administrator shall compile such information in lieu of 
        potentially responsible parties.
            ``(3) Information disclosed.--The items of information to 
        be submitted under paragraph (2) for each facility are as 
        follows:
                    ``(A) The name, location, regulatory status, common 
                identifiers, and principal activities at the facility.
                    ``(B) In the case of a facility listed on the 
                National Priorities List, the identity of all 
                potentially responsible parties associated with the 
                facility.
                    ``(C) An appropriate certification, signed by a 
                senior official with management responsibility for the 
                person or persons completing the report, regarding the 
                accuracy and completeness of the report.
                    ``(D) Subject to section 322 of the Superfund 
                Amendments and Reauthorization Act of 1986, each of the 
                items of information listed in subparagraph (E) for the 
                following substances:
                            ``(i) Each hazardous substance, pollutant, 
                        or contaminant identified in the preliminary 
                        site assessment as being present in higher than 
                        naturally occurring background concentrations, 
                        if the facility is on the National Priorities 
                        List.
                            ``(ii) Each of the following substances 
                        being released from the facility above 
                        naturally occurring background levels: lead, 
                        mercury, dioxin, cadmium, chromium, and 
                        substances listed as bioaccumulative chemicals 
                        of concern at 60 Federal Register 15393, and 
                        each substance, pollutant, or contaminant which 
                        the Administrator determines may present a 
                        significant hazard to health or the environment 
                        due to its persistence or potential to 
                        bioaccumulate or disrupt endocrine systems, or 
                        to other characteristics. The Administrator may 
                        exempt from the requirements of this clause any 
                        of the bioaccumulative chemicals of concern at 
                        60 Federal Register 15393 that the 
                        Administrator determines do not present a 
                        significant hazard to health or the 
                        environment.
                            ``(iii) Each substance for which the 
                        facility is required to submit a toxic chemical 
                        release form under section 313 of the Superfund 
                        Amendments and Reauthorization Act of 1986.
                    ``(E) The items referred to in subparagraph (D) are 
                as follows:
                            ``(i) If the substance was present or 
                        released as a waste or contaminant, a 
                        description of the form in which the substance 
                        was present or released, or otherwise a 
                        description of the uses of the substance at the 
                        facility.
                            ``(ii) The quantity of the substance 
                        present at the facility at the beginning of the 
                        reporting year.
                            ``(iii) The quantity of the substance 
                        present at the facility at the end of the 
                        reporting year.
                            ``(iv) The quantity of the substance 
                        destroyed or consumed at the facility, and, if 
                        destroyed or consumed as a waste, the 
                        treatment, energy recovery, or recycling 
                        methods employed.
                            ``(v) The quantity of the substance 
                        generated or produced at the facility, and if 
                        generated or produced as a residual of the 
                        process of waste treatment, whether it remained 
                        on site or was released during the reporting 
                        year.
                            ``(vi) The quantity of the substance 
                        removed as waste from the facility for 
                        treatment, disposal, energy recovery, or 
                        recycling and the destination and mode of 
                        transportation.
                            ``(vii) The quantity of the substance 
                        recycled at the facility that is subsequently 
                        used at the facility, except for substances 
                        referred to in subparagraph (D)(i).
                            ``(viii) The quantity of the substance 
                        brought into the facility and the mode of 
                        transportation, except for substances referred 
                        to in subparagraph (D)(i).
                            ``(ix) The quantity of the substance 
                        removed from the facility as or in products and 
                        the mode of transportation, except for 
                        substances referred to in subparagraph (D)(i).
                            ``(x) The quantity of the substance 
                        released into each environmental medium from 
                        the facility.
                            ``(xi) The `hazardous substance 
                        throughput', which shall be calculated by 
                        adding the quantities reported under clauses 
                        (ii), (v), (vii), and (viii) and subtracting 
                        the quantity reported under clause (iii). If 
                        the sum of the quantities reported under 
                        clauses (ii), (v), and (viii) does not equal 
                        the sum of the quantities reported under 
                        clauses (iii), (iv), (vi), (ix), and (x), an 
explanation of the difference shall be provided.
                            ``(xii) The number of employees, including 
                        contractors, at the facility; the number of 
                        employees, including contractors, at the 
                        facility exposed to the substance; and an 
                        estimate of occupational exposures to the 
                        substance.
                    ``(F) For substances referred to in subparagraph 
                (D)(i), within 3 years after the date of enactment of 
                this subparagraph, a statement of whether the set of 
                information defined under section 302(d) of the 
                Children's Protection and Community Cleanup Act of 1998 
                is publicly available. Such a statement shall not be 
                required for chemicals listed under section 302(e) of 
                such Act. In lieu of such a statement, a certification 
                under section 302(g) of such Act may be submitted where 
                appropriate.
            ``(4) Methods of calculation and reporting.--
                    ``(A) Readily available data (including monitoring 
                data) collected pursuant to other provisions of law, 
                or, where such data are not readily available, 
                reasonable estimates of the amounts involved may be 
                used to provide the information required under this 
                subsection. Nothing in this section requires the 
                monitoring or measurement of the quantities, 
                concentration, or frequency of any substance beyond 
                that monitoring and measurement required under other 
                provisions of law or regulation.
                    ``(B) The Administrator shall, within 5 years after 
                the enactment of this paragraph, consolidate all annual 
                reporting pursuant to this title and other Federal 
                environmental laws for each entity subject to such 
                reporting, to the extent not explicitly prohibited by 
                such laws. Such consolidated reporting requirements 
                shall allow reporting to one point of contact using one 
                form or electronic reporting system. In order to assure 
                consistency, the Administrator shall require that data 
                be expressed in common units and shall integrate the 
                reporting requirements and public dissemination of 
                information under this Act with that of section 313 of 
                the Superfund Amendments and Reauthorization Act of 
                1986. Reports shall be submitted in an electronic 
                format to be determined by the Administrator, except 
                for those facilities which the Administrator believes 
                would be unduly burdened by using such an electronic 
                format.
            ``(5) Information provided to technical assistance 
        recipients and applicants.--The Administrator shall provide to 
        recipients of, and applicants for, technical assistance grants 
        awarded under subsection (e), community advisory groups 
        established under subsection (g), and other interested persons, 
        each of the following items of information:
                    ``(A) The information reported to or compiled by 
                the Administrator under paragraph (3) regarding the 
                facility or facilities on the National Priorities List 
                of concern to such persons.
                    ``(B) All publicly available information reported 
                to the Administrator under Federal environmental laws 
                regarding regulated facilities and the use and release 
                of hazardous substances in the geographic area of the 
                facility or facilities on the National Priorities List 
                of concern to such persons. Such information shall be 
                organized by facility and by other identifiers to 
                facilitate use by such persons.
                    ``(C) Information that the Administrator believes 
                to be useful in understanding the potential hazards 
                that may be posed to human health and the environment 
                by the uses and releases of hazardous substances 
                disclosed under subparagraphs (A) and (B).
            ``(6) Information provided to persons studying national and 
        regional trends.--The Administrator shall provide or make 
        available to any person all publicly available information 
        reported to the Administrator under Federal environmental laws 
        regarding facilities and the use and release of hazardous 
        substances in order to study national and regional trends and 
        for other purposes. Such information shall be provided through 
        a system that allows for the retrieval and analysis of 
        information regarding one or more parent companies, facilities, 
        industries, chemicals, geographic locations, ecological 
        indicators, and categories of regulatory status.''.
    (b) Amendment of Superfund.--Section 117(a) of title I of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 is amended as follows:
            (1) By striking ``both of the following actions'' and 
        inserting ``the following actions''.
            (2) By striking ``(2)'' and inserting ``(3)'',
            (3) By inserting after paragraph (1) the following:
            ``(2) Publish a notice of availability of the information 
        listed under subsection (k)(5).''.
    (c) No Preemption of State Programs.--Subsection (a) of section 114 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 is amended by inserting ``or reporting'' after 
``release''.
    (d) Penalties for Noncompliance.--Subsection (a)(1) of section 109 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 is amended by adding the following after 
subparagraph (E):
                    ``(F) A violation of the requirements of section 
                117(k).''.
    (e) Additional Categories of Facilities.--Section 313(b)(1)(B) of 
the Superfund Amendments and Reauthorization Act of 1986 is amended as 
follows:
            (1) By striking ``(B) The Administrator'' and inserting 
        ``(B)(i) The Administrator''.
            (2) By adding at the end the following:
                            ``(ii) Within 24 months after the date of 
                        enactment of this clause, the Administrator 
                        shall promulgate a final regulation that adds 
                        all additional categories of facilities that 
                        manufactured, processed, used, or released 
                        toxic chemicals in volumes similar to those of 
                        facilities that are covered by this section as 
                        of such date of enactment. This clause shall 
                        not apply to any farm.''.
    (f) Trade Secret Protection.--Section 322 of the Superfund 
Amendments and Reauthorization Act of 1986 is amended as follows:
            (1) In subsection (a)(1) by adding the following at the end 
        thereof:
                    ``(C) Any person required to submit information 
                under section 117(k)(3)(D) of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 may withhold an element or portion of such 
                information, as defined in regulations prescribed by 
                the Administrator under subsection (c) of this section, 
                if the person complies with paragraph (2) with respect 
                to the information to be withheld. This subparagraph 
                shall not provide authority to withhold any information 
                referred to in the Pollution Prevention Act of 1990 (42 
                U.S.C. 13101 and following). Any person withholding 
                information under this paragraph shall, in the place on 
                the submittal where the information would normally be 
                included, indicate that the information has been 
                withheld as a trade secret. Any person withholding 
                information under this subparagraph shall provide to 
                the Administrator the information required under in 
                writing and in such manner as the Administrator may 
                prescribe by regulation.''.
            (2) Subsection (b)(4) is amended by inserting ``or other 
        information withheld'' after ``The chemical identity''.
            (3) Subsection (d)(1) is amended by inserting ``or other 
        information'' after ``toxic chemical''.
            (4) Subsection (d)(2) is amended by inserting ``or other 
        information withheld'' after ``specific chemical identity''.
            (5) Subsection (d)(3)(A) is amended by inserting ``or other 
        information withheld'' after ``specific chemical identity''.
            (6) Subsection (d)(3)(B) is amended by inserting ``or other 
        information withheld'' after ``chemical identity''.
            (7) Subsection (d)(3)(C) is amended by inserting ``or other 
        information withheld'' after ``chemical identity'' in each 
        place it appears.
            (8) Subsection (d)(4)(A) is amended by inserting ``or other 
        information withheld'' after ``chemical identity''.
            (9) Subsection (f) is amended by inserting ``or other 
        information withheld under subsection (a)(1)'' after ``specific 
        chemical identity''.
            (10) Subsection (h)(1) is amended by inserting ``or other 
        information withheld'' before ``is claimed as a''.
            (11) Subsection (h)(2) is amended by inserting ``or other 
        information withheld'' after ``identity of a toxic chemical''.

SEC. 302. UNSTUDIED CHEMICAL RELEASE FORMS.

    (a) Basic Requirement.--The owner or operator of a facility subject 
to the requirements of this section shall complete an unstudied 
chemical release form as published under subsection (h) for each 
unstudied chemical subject to the requirements of this section that was 
manufactured, processed, or otherwise used in quantities exceeding the 
threshold quantity established by subsection (f) during the preceding 
calendar year at such facility. Such form shall be submitted to the 
Administrator and to an official or officials of the State designated 
by the Governor on or before July 1 of the year commencing 24 months 
after the date of enactment of this section and annually thereafter on 
July 1, and shall contain data reflecting releases during the preceding 
calendar year.
    (b) Covered Owners and Operators of Facilities.--
            (1) In general.--The requirements of this section shall 
        apply to owners and operators of facilities that are required 
        to report pursuant to section 313(b) of the Emergency Planning 
        and Community Right-To-Know Act (42 U.S.C. 11023(b)).
            (2) Addition of facilities.--The Administrator may by rule 
        apply the requirements of this section to the owners and 
        operators of any particular facility or class of facilities 
        that manufactures, processes, or otherwise uses an unstudied 
        chemical subject to the requirements of this section if the 
        Administrator determines that such action is warranted on the 
        basis of--
                    (A) the potential volume of the unstudied chemical 
                manufactured, processed, or otherwise used at the 
                facility;
                    (B) the proximity of the facility to other 
                facilities that manufacture, process, or otherwise use 
                the unstudied chemical or other chemicals of known or 
                potential toxicity;
                    (C) the proximity of the facility to population 
                centers; or
                    (D) such other factors as the Administrator deems 
                appropriate.
            (3) Exclusion of facilities.--The Administrator may by rule 
        exclude from reporting under this section a class of facilities 
        in a Standard Industrial Classification Code that is required 
        to report under section 313(b) of the Emergency Planning and 
        Community Right-To-Know Act (42 U.S.C. 11023(b)), upon 
        determining that there is sufficient information to conclude 
        that all unstudied chemicals subject to the requirements of 
        this section released by such facilities will not cause one or 
        more of the effects listed in clause (i), (ii), or (iii) of 
        subsection (d)(2)(A).
    (c) Unstudied Chemicals Covered.--
            (1) In general.--Except as provided in paragraph (2), the 
        unstudied chemicals subject to the requirements of this section 
        are the following:
                    (A) Any chemical--
                            (i) for which the information needed to 
                        complete a preliminary assessment of potential 
                        toxicity defined in subsection (d) is not 
                        available, in whole or in part; and
                            (ii) that is a compound that is a member of 
                        one or more of the following categories:
                                    (I) Compounds containing at least 
                                the elements of carbon, hydrogen, and 
                                one or more of the following elements: 
                                chlorine, fluorine, or bromine.
                                    (II) Compounds included on the 1990 
                                High Production Volume List compiled by 
                                the Administrator based on the 
                                Inventory Update Rule issued pursuant 
                                to section 8 of the Toxic Substances 
                                Control Act, or any subsequent version 
                                of that list.
                    (B) Such additional chemicals or categories of 
                chemicals as the Administrator may by rule add, based 
                on the potential ability of the chemical or categories 
                of chemicals to cause one or more of the effects listed 
                in clause (i), (ii), or (iii) of subsection (d)(2)(A) 
                or based on the presence of the chemical or category of 
                chemicals in human tissues, in food stuffs, or in 
                drinking water.
            (2) Exceptions.--Notwithstanding paragraph (1), the 
        following chemicals shall not be subject to the requirements of 
        this section:
                    (A) Chemicals listed under section 313(b) of the 
                Emergency Planning and Community Right-To-Know Act (42 
                U.S.C. 11023(b)).
                    (B) Chemicals that are high molecular weight 
                polymers.
                    (C) Chemicals listed by the Administrator under 
                subsection (e).
            (3) Aggregated reporting.--Information required to be 
        reported under this section may be reported on an aggregated 
        basis for chemicals containing 20 or more carbon atoms. The 
        Administrator may by rule increase or decrease the number in 
        the preceding sentence, but shall not decrease it below 14 
        carbon atoms.
    (d) Information Needed for Preliminary Assessment of Potential 
Toxicity.--
            (1) In general.--The Administrator may by rule define the 
        set of information needed to conduct a preliminary assessment 
        of potential toxicity of a chemical. If the Administrator does 
        not promulgate such a rule prior to the date 9 months after the 
        date of enactment of this section, the set of 
information needed to conduct a preliminary assessment of potential 
toxicity shall be deemed to be the Screening Information Data Set 
established by the Organization for Economic Cooperation and 
Development and published in the SIDS Manual, Second Edition, May 1996, 
Chapter 2.2.
            (2) Alterations to set of information.--
                    (A) Additions.--The Administrator shall add a new 
                element to the set of information needed for a 
                preliminary assessment of potential toxicity if the 
                Administrator determines that adding such element of 
                information is likely to facilitate the completion, or 
                enhance the reliability, of a preliminary assessment of 
                potential toxicity because the information relates to 
                the potential for exposure to the chemical or to the 
                potential ability of the chemical to cause one or more 
                of the following:
                            (i) Significant adverse acute human health 
                        effects.
                            (ii) In humans--
                                    (I) cancer or teratogenic effects; 
                                or
                                    (II) serious or irreversible 
                                reproductive dysfunctions, neurological 
                                disorders, heritable genetic mutations, 
                                disruption of endocrine function, or 
                                other chronic health effects.
                            (iii) A significant adverse effect on the 
                        environment because of the chemical's--
                                    (I) toxicity;
                                    (II) toxicity and persistence in 
                                the environment; or
                                    (III) toxicity and tendency to 
                                bioaccumulate in the environment.
                    (B) Deletions.--The Administrator may delete an 
                element of information from the set of information 
                needed for a preliminary assessment of potential 
                toxicity if the Administrator determines that--
                            (i) deleting the element will facilitate 
                        compliance with this section; and
                            (ii) following the deletion, the set of 
                        elements of information will be adequate to 
                        allow the conduct of a preliminary assessment 
                        of potential toxicity at least as reliably as 
                        would occur through use of the Screening 
                        Information Data Set.
            (3) Modifications of elements of information.--The 
        Administrator may modify an element of information needed for a 
        preliminary assessment of potential toxicity if the 
        Administrator determines that--
                    (A) modifying the element is likely to--
                            (i) facilitate the completion or enhance 
                        the reliability of a preliminary assessment of 
                        potential toxicity, taking into account the 
                        factors listed in paragraph (2), or
                            (ii) facilitate compliance with this 
                        section; and
                    (B) following the modification, the set of elements 
                of information will be adequate to allow the conduct of 
                a preliminary assessment of potential toxicity at least 
                as reliably as would occur through use of the Screening 
                Information Data Set.
    (e) Chemicals for Which Reporting Is Not Required.--
            (1) In general.--Reporting requirements under this section 
        shall not apply to chemicals listed by the Administrator under 
        paragraph (2).
            (2) Listed chemicals.--The Administrator may determine, for 
        a particular covered chemical, that the set of information 
        referred to in subsection (d) is publicly available. The 
        Administrator shall maintain a list of such chemicals and 
        update the list at least annually.
            (3) Requirement to make information electronically 
        available.--Upon adding a chemical to the list of chemicals for 
        which reporting is not required, the Administrator shall ensure 
        that the information needed to conduct a preliminary assessment 
        of potential toxicity of the chemical is publicly accessible 
        through electronic means.
            (4) Additional determination required for listed 
        chemicals.--Upon adding a chemical to the list of chemicals for 
        which reporting is not required, the Administrator shall make 
        one of the following determinations and publish a statement of 
        the basis for the determination:
                    (A) Based on available information, the chemical is 
                a low priority for further consideration or action by 
                the Environmental Protection Agency.
                    (B) Based on available information, the chemical is 
                a priority for additional testing.
                    (C) Releases of the chemical appear to warrant 
                reporting under 313 of the Emergency Planning and 
                Community Right-To-Know Act (42 U.S.C. 11023).
                    (D) Based on available information, regulatory 
                action by the Environmental Protection Agency appears 
                to be warranted.
                    (E) Based on available information, regulatory 
                action by another Federal agency appears to be 
                warranted.
            (5) Specific requirements for certain determinations.--(A) 
        For a chemical with respect to which the Administrator makes a 
        determination under paragraph (4)(B), the Administrator shall 
        issue a rule to require testing under section 4 of the Toxic 
        Substances Control Act within 90 days after the date of the 
        determination unless the Administrator by that date has entered 
        into an enforceable voluntary testing agreement for the 
        chemical. If no such rule is issued or voluntary agreement 
        established within such 90 days, or if the data required to be 
        submitted by the rule are not submitted within the period 
        specified by the rule, the requirements of section 313 of the 
        Emergency Planning and Community Right-To-Know Act (42 U.S.C. 
        11023) shall automatically apply to the chemical.
            (B) For chemicals with respect to which the Administrator 
        makes a determination under paragraph (4)(C), the Administrator 
        shall propose by rule adding the chemical to the list of toxic 
        chemicals covered by section 313 of such Act within 90 days 
        after the date of the determination. If no final rule adding 
        the chemical, or final determination not to add the chemical, 
        is issued within 6 months after such date of determination the 
        requirements of section 313 of the Emergency Planning and 
        Community Right-To-Know Act (42 U.S.C. 11023) shall 
        automatically apply to the chemical.
            (C) For chemicals with respect to which the Administrator 
        makes a determination under paragraph (4)(D), the Administrator 
        shall propose by rule an appropriate action within 180 days 
        after the date of the determination. Unless such a rule is 
        proposed within 9 months, or unless the Administrator publishes 
        a determination stating that no such rule is warranted, the 
        requirements of section 313 of the Emergency Planning and 
        Community Right-To-Know Act (42 U.S.C. 11023) shall 
        automatically apply to the chemical.
            (D) For chemicals with respect to which the Administrator 
        makes a determination under paragraph (4)(E), the Administrator 
        shall notify the head of the other Federal agency of the 
        Administrator's determination within 180 days after the date of 
        the determination. Unless such a rule is proposed within 9 
        months, or unless the head of the other Federal agency 
        publishes a determination stating that no such rule is 
        warranted, the requirements of section 313 of the Emergency 
        Planning and Community Right-To-Know Act (42 U.S.C. 11023) 
        shall automatically apply to the chemical.
    (f) Threshold for Reporting.--
            (1) Unstudied chemical threshold amount.--The threshold 
        amounts for purposes of reporting unstudied chemicals under 
        this section are as follows:
                    (A) With respect to an unstudied chemical used at a 
                facility, 10,000 pounds of the unstudied chemical per 
                year.
                    (B) With respect to an unstudied chemical 
                manufactured (other than as nonproduct output) or 
                processed at a facility, 25,000 pounds of the unstudied 
                chemical per year.
                    (C) With respect to an unstudied chemical 
                manufactured as nonproduct output at a facility, 500 
                pounds of the unstudied chemical per year.
            (2) Revisions.--The Administrator may establish a threshold 
        amount for an unstudied chemical different from the amount 
        established by paragraph (1). Such revised threshold shall 
        obtain reporting on at least 80 percent of total releases and 
        production of nonproduct output of the chemical at all 
        facilities subject to the requirements of this section. The 
        amounts established under this paragraph may, at the 
        Administrator's discretion, be based on classes of chemicals or 
        categories of facilities.
    (g) Certification in Lieu of Reporting.--
            (1) In general.--A facility owner or operator who is 
        otherwise required to submit a report under this section with 
        regard to a chemical need not submit such a report if the owner 
        or operator submits a certification that identifies the 
        chemical and states that the set of information referred to in 
        subsection (d) is publicly available for that chemical.
            (2) Format.--Such certification shall provide the name and 
        location of the facility, and shall include a statement, signed 
        by a senior official with management responsibility for the 
        person or persons submitting the certification, regarding the 
        accuracy of the certification. The Administrator may issue 
        rules regarding the format for such certifications.
            (3) Availability.--The Administrator shall make such 
        certifications publicly available in conjunction with, and by 
        the same means as, forms submitted under this section.
    (h) Form.--
            (1) Information required.--
                    (A) In general.--Not later than June 1 of the year 
                commencing 18 months after the date of enactment of 
                this Act, the Administrator shall publish a uniform 
                unstudied chemical release form for facilities covered 
                by this section. If the Administrator does not publish 
                such a form, owners and operators of facilities subject 
                to the requirements of this section shall provide the 
                information required under this subsection by letter 
                postmarked on or before the date on which the form is 
                due. In the Administrator's discretion such form either 
                shall be a supplement to the forms required under 
                section 313 of the Emergency Planning and Community 
                Right-To-Know Act (42 U.S.C. 11023), or shall integrate 
                the information required by subparagraph (B) into the 
                forms required under section 313 of the Emergency 
                Planning and Community Right-To-Know Act (42 U.S.C. 
                11023).
                    (B) Information required.--The form referred to in 
                subparagraph (A) shall provide for submission of each 
                of the following items of information for each covered 
                unstudied chemical present at the facility in 
                quantities greater than the threshold established under 
                subsection (f):
                            (i) The identity of each such chemical, 
                        including the structure and, if any, the 
                        Chemical Abstracts Service Number.
                            (ii) Whether the unstudied chemical at the 
                        facility is manufactured as a product output, 
                        manufactured as a nonproduct output, processed, 
                        or otherwise used, and the general category or 
                        categories of use of the chemical.
                            (iii) An estimate of the maximum amounts 
                        (in ranges) of the unstudied chemical present 
                        at the facility at any time during the 
                        preceding calendar year.
                            (iv) For each wastestream, the waste 
                        treatment or disposal methods employed, and an 
estimate of the treatment efficiency typically achieved by such methods 
for that wastestream.
                            (v) The annual quantity of the unstudied 
                        chemical entering each environmental medium.
            (2) Use of available data.--In order to provide the 
        information required under this section, the owner or operator 
        of a facility may use readily available data (including 
        monitoring data) collected pursuant to other provisions of law, 
        or, where such data are not readily available, reasonable 
        estimates of the amounts involved. Nothing in this section 
        requires the monitoring or measurement of the quantities, 
        concentration, or frequency of any unstudied chemical released 
        into the environment beyond that monitoring and measurement 
        required under other provisions of law or regulation. In order 
        to assure consistency, the Administrator shall require that 
        data be expressed in common units.
            (3) Continued obligation to conduct analyses.--Nothing in 
        paragraph (2) shall be interpreted to relieve the owner or 
        operator of a facility covered by this section of any 
        requirement to conduct mass balance or other analyses as needed 
        in order to identify unstudied compounds covered by this 
        section.
    (i) Use of Release Form.--The release forms required under this 
section are intended to provide information to the Federal, State, and 
local governments and the public, including recipients of, and 
applicants for, technical assistance grants awarded under section 
117(e) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (as amended by this Act), community advisory 
groups established under section 117(g) of such Act (as amended by this 
Act), and other interested persons. The release form shall be available 
consistent with section 324(a) of the Emergency Planning and Community 
Right-To-Know Act (42 U.S.C. 11044(a)).
    (j) Petitions.--
            (1) In general.--Any person may petition the Administrator 
        to take any of the actions listed in paragraph (2). Within 180 
        days after receipt of a petition, the Administrator shall take 
        one of the following actions:
                    (A) Initiate a rulemaking to take the requested 
                action.
                    (B) Publish an explanation of why the petition is 
                denied.
            (2) Types of petitions.--A petition under paragraph (1) may 
        request that the Administrator take any of the following 
        actions:
                    (A) Add or exclude facilities or classes of 
                facilities required to report under this section under 
                subsection (b).
                    (B) Add a chemical or category of chemicals to the 
                chemicals subject to the requirements of this section 
                under subsection (c) on the basis of the potential 
                ability of some or all chemicals in the category to 
                harm human health or the environment.
                    (C) Add, delete, or modify elements in the set of 
                information needed to conduct a preliminary assessment 
                of potential toxicity of a chemical under subsection 
                (d).
                    (D) Add or delete chemicals from the list of 
                chemicals for which reporting is not required under 
                subsection (e)(2).
                    (E) Revise the threshold for purposes of reporting 
                unstudied chemicals under subsection (f).
    (k) EPA Management of Data.--The Administrator shall establish and 
maintain in a computer database a national unstudied chemicals 
inventory based on data submitted to the Administrator under this 
section. The Administrator shall make these data accessible by computer 
telecommunication and other means to any person on a cost reimbursable 
basis.
    (l) Enforcement.--
            (1) In general.--A violation of this section shall be 
        subject to civil and administrative penalties under section 
        325(c) of the Emergency Planning and Community Right-To-Know 
        Act (42 U.S.C. 11045(c)), as if it were a violation of section 
        313 of such Act (42 U.S.C. 11023).
            (2) Burden of proof.--In any enforcement proceeding in 
        which it is alleged that a certification under subsection (g) 
        is erroneous, the burden shall be on the defendant to show that 
        the set of information required under subsection (d) is 
        publicly available.
    (m) Trade Secrets.--Section 322 of the Emergency Planning and 
Community Right-To-Know Act (42 U.S.C. 11042) shall apply to the owner 
or operator of a facility subject to the requirements of this section 
with regard to an unstudied chemical subject to such requirements in 
the same manner as that section applies to persons described in 
subsection (a)(1) of that section with regard to a hazardous chemical, 
an extremely hazardous substance, and a toxic chemical.
    (n) Relationship to Other Law.--Nothing in this section shall--
            (1) preempt any State or local law;
            (2) otherwise affect any State or local law or the 
        authority of any State or local government to adopt or enforce 
        any State or local law; or
            (3) affect or modify in any way the obligations or 
        liabilities of any person under other Federal law.
    (o) Effective Date of Regulations.--
            (1) In general.--Except as provided in paragraph (2), 
        regulations implementing this section shall take effect 60 days 
        after the date of promulgation.
            (2) Certain regulations.--The following regulations shall 
        take effect on July 1 of the year commencing 24 months after 
        the date of promulgation:
                    (A) Additions to the facilities or classes of 
                facilities required to report under this section under 
                subsection (b).
                    (B) Additions to the unstudied chemicals subject to 
                the requirements of this Act under subsection 
                (c)(1)(B).
                    (C) Additions to and significant modifications of 
                the set of information under subsection (d).
                    (D) Deletions from the list of chemicals under 
                subsection (e)(2) for which reporting is not required 
                under this section.
                    (E) Decreases in the threshold for purposes of 
                reporting unstudied chemicals under subsection (f).
    (p) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``manufacture'' means to produce, prepare, 
        import, or compound an unstudied chemical.
            (3) The term ``process'' means the preparation of an 
        unstudied chemical, after its manufacture, for distribution in 
        commerce--
                    (A) in the same form or physical state as, or in a 
                different form or physical state from, that in which it 
                was received by the person so preparing such chemical; 
                or
                    (B) as part of an article containing the unstudied 
                chemical.
            (4) The term ``high molecular weight polymer'' means 
        chemicals that would be exempted from reporting under 
        regulations adopted pursuant to section 5 of the Toxic 
        Substances Control Act (15 U.S.C. 2604).
            (5) The term ``nonproduct output'' means the quantity of a 
        reported substance that was generated prior to storage, out-of-
        process recycling, treatment, control, or disposal, and that 
        was not intended for use as a product. The term includes 
        environmental releases of such a substance, off-site transfers 
        of such a substance for energy recovery or recycling, and off-
        site transfers of such a substance as (or in) waste for 
        treatment or disposal.

                    TITLE IV--ENVIRONMENTAL JUSTICE

SEC. 401. ENVIRONMENTAL JUSTICE.

    Section 116 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9616) is amended by 
adding at the end the following:
    ``(f) Environmental Justice.--
            ``(1) Purpose.--The purpose of this subsection is to ensure 
        that Superfund sites in economically distressed and socially 
        disenfranchised communities are identified, evaluated, and 
        cleaned up as quickly and effectively as Superfund sites in 
        other areas.
            ``(2) Designation of special priority areas.--Not later 
        than six months after the enactment of this subsection, the 
        President, acting through the Secretary of Commerce, shall 
        publish a list of `special priority areas', which shall be 
        geographic areas in which residents face a high degree of 
        economic distress or social disenfranchisement. The President 
        shall update the list not later than two years after each 
        official census count on social and economic characteristics 
        performed by the Bureau of the Census under title 13, United 
        States Code. The President shall state the reason for including 
        each area on the list. The list shall include--
                    ``(A) all census tracts (or where not tracted, all 
                equivalent county divisions as defined by the Bureau of 
                the Census for the purpose of defining poverty areas) 
                in which the poverty rate was more than 20 percent, as 
                determined by the most recent census data available;
                    ``(B) areas that consist of parts of one or more 
                census tracts or block numbering areas, and which the 
                President believes experience a high degree of 
pervasive poverty, unemployment, and general distress;
                    ``(C) all electoral precincts in which the percent 
                of voting age residents who voted in the three most 
                recent Presidential elections ranks among the lowest 10 
                percent in the United States;
                    ``(D) all census tracts or block numbering areas in 
                which more than 50 percent of residents identify 
                themselves as Black, Asian, American Indian, Pacific 
                Islander, Eskimo, or Aleut, or of any other non-white 
                origin or of Hispanic origin, as determined by the 
                Bureau of the Census using the most recent census data 
                available;
                    ``(E) areas in which the President determines there 
                is the potential for a higher than average incidence of 
                cancer, neurotoxic effects, disorders of the human 
                reproductive system, endocrine disruption, respiratory 
                disorders, dermatologic disorders, or other health 
                effects that the President believes may be related to 
                exposure to hazardous substances, as determined by the 
                President using data gathered from Federal, State, and 
                local government agencies and other sources of 
                information; and
                    ``(F) areas in which the President believes 
                residents may be subject to higher than average 
                exposure to hazardous substances, as determined by the 
                President using data gathered from Federal, State, and 
                local government agencies and other sources of 
                information.
            ``(3) Advertising the right of petition for assessment of 
        release in special priority areas.--Not later than one year 
        after the enactment of this subsection and annually thereafter, 
        the President shall advertise the right of petition for 
        assessment of release, as established under section 105(d), in 
        all special priority areas, using means of communication that 
        the President believes will be effective in reaching residents 
        of such areas. Such means of communication shall include 
        communications media targeted to area residents or posters in 
        public places and places of worship. The President may also 
        provide technical assistance to individuals seeking to exercise 
        such right of petition in such areas.
            ``(4) Designation of special priority facilities.--(A) Not 
        later than one year after enactment of this subsection, and 
        annually thereafter, the President shall publish a list of 
        facilities designated as `special priority facilities', which 
        shall be those facilities which are located in special priority 
        areas and are--
                    ``(i) listed in the Comprehensive Environmental 
                Response, Compensation, and Liability Information 
                System (CERCLIS);
                    ``(ii) the subject of a petition made under section 
                105(d); or
                    ``(iii) other facilities as the President considers 
                appropriate.
            ``(B) In order to maximize efficiency, for each facility 
        designated as a special priority facility, the President shall 
        prepare within 60 days of such designation a preliminary 
        schedule setting out the performance of the preliminary 
        assessment, site inspection, ranking, remedial action 
        selection, and remedial action implementation which complies 
        with the time periods set forth in this subsection.
            ``(5) Preliminary assessment of special priority 
        facilities.--Not later than six months after designating any 
        facility as a special priority facility, the President shall 
        complete a preliminary assessment of the facility.
            ``(6) Site inspection and ranking of special priority 
        facilities.--(A) Not later than one year after designating a 
        facility as a special priority facility, the President shall 
        complete a site inspection of the facility and score the 
        facility using the Hazard Ranking System, unless the 
        President--
                    ``(i) finds in performing the preliminary 
                assessment at the facility that a site inspection is 
                not necessary; and
                    ``(ii) publishes a statement explaining the reasons 
                that a site inspection is not necessary.
            ``(B) For any facility located in a State which has a 
        cooperative agreement with the Environmental Protection Agency 
        to perform site inspections, the President may amend such 
        agreement to gather the information necessary to comply with 
        this paragraph. Failure to amend such agreement shall not 
        relieve the President of the obligations set forth in this 
        subsection.
            ``(7) Proposed listing of special priority facilities.--Not 
        later than two years after designating a facility as a special 
        priority facility, if the facility ranks highly enough using 
        the Hazard Ranking System to be a candidate for placement on 
        the National Priorities List established under section 105, the 
        President shall propose placing the facility on the National 
        Priorities List and shall publish notice of such proposal.
            ``(8) Listing of special priority facilities.--Not later 
        than three years after designating a facility as a special 
        priority facility, if the facility ranks highly enough using 
        the Hazard Ranking System to be a candidate for placement on 
        the National Priorities List established under section 105, the 
        President shall place the facility on the National Priorities 
        List, except as provided in paragraph (10).
            ``(9) Timeliness in cleaning up special priority 
        facilities.--For any special priority facility placed on the 
        National Priorities List, the President shall ensure that a 
        remedial action is selected not later than 2 years after the 
        facility is placed on the List, and that the remedial action is 
        implemented not later than 3 years after the facility is placed 
        on the List (or within such time period as may be provided 
        under paragraph (11)). Nothing in this section shall be 
        interpreted to change the conditions under which the President 
        shall perform a removal action.
            ``(10) Exception from listing special priority 
        facilities.--The President may refrain from placing a special 
        priority facility on the National Priorities List if--
                    ``(A) a remedial action is selected for the 
                facility not later than 3 years after the facility is 
                placed on the list of special priority facilities, and 
                the remedial action is implemented not later than 4 
                years after the facility is placed on the list of 
                special priority facilities (or within such time period 
                as may be provided under paragraph (11));
                    ``(B) in the opinion of the President, the remedial 
                action selected and implemented provides the same level 
                of protection of human health and environment as would 
                be provided if the President had selected and 
                implemented a remedial action under this Act; and
                    ``(C) in the opinion of the President, the process 
                of selecting the remedial action provides the same 
                level of public participation as would be provided if 
                the President had carried out such process under 
                section 117.
            ``(11) Additional Time Period for Extraordinary 
        Conditions.--For any special priority facility that the 
        President finds to be subject to extraordinarily complex 
        conditions, the dates by which remedial actions are to be 
        selected and implemented under paragraphs (9) and (10) may be 
        extended by one year.
            ``(12) Reporting on the cleanup of special priority 
        facilities.--Not later than four years after the enactment of 
        this subsection, and every two years thereafter, the President 
        shall submit to Congress a report containing the following:
                    ``(A) A discussion of the progress made in cleaning 
                up special priority facilities.
                    ``(B) A comparison between special priority 
                facilities and other facilities on the National 
                Priorities List of--
                            ``(i) the time required for investigation, 
                        remedy selection, and remedy implementation at 
                        such facilities;
                            ``(ii) the type of remedy implemented at 
                        such facilities; and
                            ``(iii) the level of public participation 
                        found in the selection and implementation of 
                        the remedy at such facilities.''.

                TITLE V--CHILDREN'S ENVIRONMENTAL HEALTH

SEC. 501. CHILDREN'S ENVIRONMENTAL HEALTH.

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

``SEC. 128. CHILDREN'S ENVIRONMENTAL HEALTH.

    ``(a) Identification and Evaluation of Substances Hazardous to 
Children.--
            ``(1) Listing of substances hazardous to children.--The 
        Administrator of the Agency for Toxic Substances and Disease 
        Registry (in this section referred to as `ATSDR') and the 
        Administrator of the Environmental Protection Agency shall 
        create within 1 year after the date of enactment of this 
        section (and review and revise every 2 years thereafter) a 
        scientifically peer-reviewed list of environmental pollutants 
        commonly found at facilities listed or proposed for listing on 
        the National Priorities List with known, likely, or suspected 
        health risks to which fetuses and children are especially 
        susceptible.
            ``(2) Revision of guidelines for preparation of 
        toxicological profiles.--Not later than 1 year after the date 
        of enactment of this section, the Administrator of ATSDR and 
        the Administrator of the Environmental Protection Agency shall 
        revise the guidelines for preparation of toxicological profiles 
        of hazardous substances (as developed pursuant to section 
        104(i)(3)) to include--
                    ``(A) consideration of exposure pathways and health 
                effects of particular concern with regard to fetuses 
                and children;
                    ``(B) development of exposure levels specific to 
                different age ranges, as appropriate; and
                    ``(C) identification of priority data needs 
                specific to fetal and children's environmental health.
            ``(3) Preparation and revision of toxicological profiles.--
        The Administrator of ATSDR shall prepare within 3 years after 
        the date of enactment of this section (and review and revise 
        every 5 years thereafter) scientifically peer-reviewed 
        toxicological profiles of each of the substances listed 
        pursuant to paragraph (1) using the guidelines revised pursuant 
        to paragraph (2). Toxicological profiles for substances listed 
        under section 104(i)(2) before the date of enactment of this 
        section shall be revised using such guidelines not later than 3 
years after such date of enactment.
    ``(b) Revision of Public Health and Environmental Standards.--
            ``(1) In general.--The Administrator of the Environmental 
        Protection Agency or the Secretary of Health and Human 
        Services, as appropriate, shall review, and revise where 
        necessary, environmental and public health regulations, risk 
        assessment policies and procedures, and guidance documents, 
        issued or used under this Act, to determine whether they 
        consider and fully protect fetal and children's health.
            ``(2) Review of standards.--In carrying out paragraph (1), 
        not later than 1 year after the date of enactment of this 
        section, the Administrator, in cooperation with the Secretary, 
        shall--
                    ``(A) develop an administrative process for 
                reviewing regulations, risk assessment policies and 
                procedures, and guidance documents;
                    ``(B) develop a peer-reviewed list of regulations, 
                risk assessment policies and procedures, and guidance 
                documents that require revision and prioritize the list 
                based on the degree of risk posed to fetal and 
                children's health; and
                    ``(C) identify, through peer review, which 
                regulations, risk assessment policies and procedures, 
                and guidance documents on the list will require 
                additional research in order to be revised and identify 
                the time and resources required to carry out the 
                necessary research.
            ``(3) Revision of standards.--The Administrator shall 
        propose within 3 years after the date of enactment of this 
        section (and review and revise every 5 years thereafter) 
        revised regulations, risk assessment policies and procedures, 
        and guidance documents for those regulations, risk assessment 
        policies and procedures, and guidance documents identified 
        under paragraph (2)(B) that were not also identified under 
        paragraph (2)(C). All regulations, risk assessment policies and 
        procedures, and guidance documents identified under paragraph 
        (2)(B) shall be revised within 6 years after the date of 
        enactment of this section.
            ``(4) Effective date.--If the Administrator or the 
        Secretary revises any regulations, risk assessment policies and 
        procedures, and guidance documents identified under paragraph 
        (2)(B), notwithstanding any other provision of law, the 
        effective date of such revision shall be no later than one year 
        after the date of the issuance of such revision.
            ``(5) Report.--The Administrator shall submit to Congress 
        every 2 years a report on the progress being made in carrying 
        out the objectives of this subsection.
    ``(c) Consideration of Children's Health in Health Assessments.--
When conducting a health assessment at a facility, the Administrator of 
ATSDR shall, at a minimum, consider--
            ``(1) the potential risk to fetal and children's health 
        posed by the facility, including long-term, synergistic, and 
        cumulative health effects;
            ``(2) the existence of potential exposure pathways that are 
        of particular concern with regard to fetuses and children; and
            ``(3) the comparison of expected exposure levels for 
        children posed by a release from the facility and any 
        recommended, child-specific exposure or tolerance levels.
    ``(d) Children's Environmental Health Research.--
            ``(1) In general.--In order to address the priority data 
        needs identified in the toxicological profiles prepared 
        pursuant to subsection (a) and to obtain additional information 
        on the health effects of hazardous substances on fetuses and 
        children, fetal and children's environmental health concerns 
        shall be systematically incorporated into health studies and 
        research programs conducted pursuant to sections 104(i)(5) and 
        104(i)(7) and all other health research initiatives pursuant to 
        this Act.
            ``(2) Guidelines.--Not later than 1 year after the date of 
        enactment of this section, the Administrator of ATSDR, in 
        cooperation with the Administrator of the Environmental 
        Protection Agency, the Centers for Disease Control and 
        Prevention, and the Director of the National Institute of 
        Environmental Health Sciences, and the Indian Health Service 
        shall develop guidelines for addressing fetal and children's 
        environmental health issues in health studies and research 
        programs, including studies and research conducted by ATSDR and 
        other Federal agencies, State departments of public health, and 
        university-based investigators.
            ``(3) Child-specific health studies.--Not later than 1 year 
        after the date of enactment of this section, the Administrator 
        of ATSDR, in cooperation with the Administrator of the 
        Environmental Protection Agency, the Centers for Disease 
        Control and Prevention, the Director of the National Institute 
of Environmental Health Sciences, and the Indian Health Service shall 
develop criteria for determining when and what type of child-specific 
health study shall be conducted based on the results of a health 
assessment conducted by the Administrator.
            ``(4) Costs.--It is the sense of Congress that the costs of 
        research programs under this paragraph be borne by the 
        manufacturers and processors of the hazardous substance in 
        question using the same regulations promulgated under section 
        104(i)(5)(D).
    ``(e) National Children's Exposure Registry.--To assist in carrying 
out this section, the Administrator of ATSDR, in cooperation with the 
States, shall establish and maintain not later than 2 years after the 
date of enactment of this section an exposure registry for all children 
exposed to hazardous substances as the result of a release at a 
facility listed on the National Priorities List, where ATSDR determines 
that levels of exposure are significant for children's health.
    ``(f) Children's Environmental Health Education Program.--Not later 
than 3 years after the date of enactment of this section, the 
Administrator of ATSDR, in cooperation with the Administrator of the 
Environmental Protection Agency, the Centers for Disease Control and 
Prevention, the Director of the National Institute of Environmental 
Health Sciences, and the Indian Health Service shall--
            ``(1) assemble, develop as necessary, and distribute to 
        State health departments, tribal health officials, waste site 
        information offices, school districts, health clinics, medical 
        colleges, and, upon request, to physicians and other health 
        professionals, appropriate educational materials (including 
        short courses) on the medical surveillance, screening, and 
        methods of diagnosis and treatment of injury or disease related 
        to exposure to hazardous substances that are of particular 
        concern with regard to fetuses and children;
            ``(2) develop and implement wherever health services are 
        being provided pursuant to section 104(i)(15)(C) a children's 
        environmental health care training program for health care 
        providers serving communities affected by the release of 
        hazardous substances, including training in techniques for 
        assessing exposure of children to hazardous substances, methods 
        of diagnosis and treatment of injury and disease related to 
        exposure to hazardous substances that are of particular concern 
        with regard to fetuses and children, and primary prevention; 
        and
            ``(3) develop and distribute to State health departments, 
        tribal health officials, waste site information offices, school 
        districts, health clinics, and, upon request, to medical 
        colleges, physicians, and other health professionals, a family 
        right-to-know information kit that includes helpful information 
        and guidance to families regarding children's environmental 
        health, including--
                    ``(A) information on the potential health effects 
                of exposure to hazardous substances;
                    ``(B) practical suggestions on how parents can 
                reduce their children's exposure to hazardous 
                substances;
                    ``(C) the rights of families living in affected 
                communities to receive health services under section 
                104(i)(15)(C);
                    ``(D) how further information can be obtained on 
                children's environmental health; and
                    ``(E) other relevant information, as determined by 
                the Administrator.
    ``(g) Pediatric Peer Review.--All lists, profiles, studies, and 
results of research conducted under this section shall be reported or 
adopted only after appropriate peer review, including review by 
pediatricians and environmental health specialists. Peer reviews shall 
be conducted by panels consisting of no less than 3 members, who shall 
be disinterested scientific experts selected for such purpose by the 
Administrator of ATSDR and the Administrator of the Environmental 
Protection Agency on the basis of their reputation for scientific 
objectivity and lack of institutional ties with any person involved in 
the conduct of the study or research under review, or any person 
involved with the manufacture, processing, marketing, or distribution 
of the hazardous substance, pollutant, or contaminant under 
investigation.''.
    (b) Definition.--Section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 is amended by adding 
the following at the end:
            ``(39) The term `children' means individuals under 18 years 
        of age.''.

       TITLE VI--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

                        Subtitle A--Brownfields

SEC. 601. BROWNFIELDS TITLE.

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 and following) is amended by 
adding the following new title at the end:

      ``TITLE V--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

``SEC. 501. DEFINITIONS.

    ``For purposes of this title:
            ``(1) In general.--Except as otherwise specified in this 
        title, the terms used in this title shall have the meanings 
        provided by section 101 of this Act.
            ``(2) Brownfield site.--The term `brownfield site' means a 
        parcel of land that contains or contained abandoned or under-
        used commercial or industrial facilities, the expansion or 
        redevelopment of which may be complicated by the presence or 
        potential presence of hazardous substances, pollutants, or 
        contaminants.
            ``(3) Disposal.--The term `disposal' has the meaning given 
        the term in section 1004 of the Solid Waste Disposal Act (42 
        U.S.C. 6903).
            ``(4) Environmental contamination.--The term `environmental 
        contamination' means the existence at a brownfield site of one 
        or more hazardous substances, pollutants, or contaminants that 
        may pose a threat to human health or the environment.
            ``(5) Grant.--The term `grant' includes a cooperative 
        agreement.
            ``(6) Local government.--The term `local government' has 
        the meaning given the term `unit of general local government' 
        in the first sentence of section 102(a)(1) of the Housing and 
        Community Development Act of 1974 (42 U.S.C. 5302(a)(1)), 
        except that the term includes an Indian tribe.
            ``(7) Site assessment.--
                    ``(A) In general.--The term `site assessment' means 
                an investigation that determines the nature and extent 
                of a release or potential release of a hazardous 
                substance at a brownfield site and meets the 
                requirements of subparagraph (B).
                    ``(B) Investigation.--For the purposes of this 
                paragraph, an investigation that meets the requirements 
                of this subparagraph--
                            ``(i) shall include--
                                    ``(I) an onsite evaluation; and
                                    ``(II) sufficient testing, 
                                sampling, and other field-data-
                                gathering activities to accurately 
                                determine whether the brownfield site 
                                is contaminated and the threats to 
                                human health and the environment posed 
                                by the release of hazardous substances, 
                                pollutants, or contaminants at the 
                                brownfield site; and
                            ``(ii) may include--
                                    ``(I) review of such information 
                                regarding the brownfield site and 
                                previous uses as is available at the 
                                time of the review; and
                                    ``(II) an offsite evaluation, if 
                                appropriate.

``SEC. 502. INVENTORY, ASSESSMENT, AND TRAINING GRANT PROGRAM.

    ``(a) In General.--The Administrator shall establish a program to 
award grants to local governments to inventory brownfield sites, to 
conduct site assessments of brownfield sites, and to provide training 
in the cleanup of brownfield sites, including associated rivers and 
streams. Public participation in the program shall be provided for, 
encouraged, and assisted by the Administrator. The Administrator shall 
develop and publish minimum guidelines for demonstrating meaningful 
community involvement.
    ``(b) Scope of Program.--
            ``(1) Grant awards.--To carry out subsection (a), the 
        Administrator may, on approval of an application, provide 
        grants to a local government.
            ``(2) Grant application.--An application for a grant under 
        this section shall include, to the extent practicable, each of 
        the following:
                    ``(A) An identification of the potential brownfield 
                sites for which assistance is sought and a description 
                of the effect of the brownfield sites on the community, 
                including a description of the nature and extent of any 
                known or suspected environmental contamination within 
                the sites.
                    ``(B) A description of the need of the applicant 
                for financial assistance to inventory brownfield sites, 
                to conduct site assessments, and to provide training in 
                brownfield site cleanup.
                    ``(C) A demonstration of the potential of the grant 
                assistance to stimulate economic development or 
                creation of recreational areas, including the extent to 
                which the assistance will stimulate the availability of 
                other funds for site assessment, site identification, 
                or environmental remediation and subsequent 
redevelopment of the areas in which eligible brownfield sites are 
situated.
                    ``(D) A description of the local commitment as of 
                the date of the application, which shall include a 
                community involvement plan that demonstrates meaningful 
                community involvement, including the training and 
                participation of local citizens in brownfield site 
                cleanup.
                    ``(E) An identification of the brownfield sites 
                that have associated rivers and streams, and, for those 
                sites, a description of the potential for involving 
                local citizens in restoring those rivers and streams, 
                including the training and participation of local 
                citizens to perform the restoration work.
                    ``(F) A plan that shows how the site assessment, 
                site identification, or environmental remediation and 
                subsequent development will be implemented, including--
                            ``(i) an environmental plan that ensures 
                        the use of sound environmental procedures;
                            ``(ii) an explanation of the appropriate 
                        government authority and support for the 
                        project as in existence on the date of the 
                        application;
                            ``(iii) proposed funding mechanisms for any 
                        additional work; and
                            ``(iv) a proposed land ownership plan.
                    ``(G) A statement on the long-term benefits and the 
                sustainability of the proposed project that includes--
                            ``(i) the ability of the project to be 
                        replicated nationally and measures of success 
                        of the project; and
                            ``(ii) to the extent known, the potential 
                        of the plan for each area in which an eligible 
                        brownfield site is situated to stimulate 
                        economic development of the area or creation of 
                        recreational areas on completion of the 
                        environmental remediation.
                    ``(H) Such other factors as the Administrator 
                considers relevant to carry out this title.
            ``(3) Approval of application.--
                    ``(A) In general.--In making a decision whether to 
                approve an application under this subsection, the 
                Administrator shall consider each of the following:
                            ``(i) The need of the local government for 
                        financial assistance to carry out this section.
                            ``(ii) The ability of the applicant to 
                        carry out an inventory, site assessment, and 
                        training under this section.
                            ``(iii) The extent to which the applicant 
                        will involve local citizens in carrying out 
                        this section.
                            ``(iv) The proximity of, and give priority 
                        to, predominantly low-income and under-
                        developed industrial areas.
                    ``(B) Grant conditions.--As a condition of awarding 
                a grant under this section, the Administrator--
                            ``(i) shall require the recipient of the 
                        grant to notify the State in which the 
                        recipient is located of the receipt of the 
                        grant;
                            ``(ii) shall require the recipient of the 
                        grant to submit a report under subsection (d) 
                        on local citizen involvement; and
                            ``(iii) may, on the basis of the criteria 
                        considered under subparagraph (A), attach such 
                        other conditions to the grant as the 
                        Administrator determines appropriate.
            ``(4) Grant amount.--The amount of a grant awarded to any 
        local government under subsection (a) for inventory, site 
        assessment, and training for cleanup of one or more brownfield 
        sites shall not exceed $200,000, unless the Administrator 
        determines that a particular applicant warrants a larger 
        amount. An applicant for a grant in excess of $200,000 shall 
        submit information to the Administrator regarding economic or 
        environmental conditions that may warrant funding in excess of 
        $200,000. The Administrator may award funding in excess of 
        $200,000 only upon a determination that such an action will 
        achieve particularly significant environmental and economic 
        benefits.
            ``(5) Termination of grants.--If the Administrator 
        determines that a local government that receives a grant under 
        this subsection is in violation of a condition of a grant 
        referred to in paragraph (3)(B), the Administrator may 
        terminate the grant made to the local government and require 
        full or partial repayment of the grant.
            ``(6) Authority to award grants to states.--The 
        Administrator may award a grant to a State under the program 
established under this section if the Administrator determines that a 
grant to the State is necessary in order to facilitate the receipt of 
funds by one or more local governments that otherwise do not have the 
capabilities, such as personnel and other resources, to manage grants 
under the program.
    ``(c) State Inventories.--Within 2 years after the enactment of 
this Act, each State shall submit to the Administrator such information 
as the Administrator shall, by rule, require regarding brownfield sites 
within that State. Based on such information, within 3 years after the 
enactment of this Act, the Administrator shall compile a National 
Brownfields Registry. If a State fails to comply with the rules 
promulgated under this subsection, no grant may be made under section 
513 for a brownfield site in that State.
    ``(d) Report on Local Citizen Involvement.--Each recipient of a 
grant awarded under the program established under this section shall 
submit to the Administrator, not later than one year after receipt of 
the grant, a report on the extent to which local citizens are involved 
in carrying out the projects funded by the grant, including a statement 
of the percentage of the grant funds used to involve local citizens in 
carrying out such projects.

``SEC. 503. GRANTS FOR REVOLVING LOAN PROGRAMS.

    ``(a) In General.--
            ``(1) Establishment.--The Administrator shall establish a 
        program to award grants to be used by local governments to 
        capitalize revolving loan funds for the cleanup of brownfield 
        sites, including associated rivers and streams.
            ``(2) Loans.--The loans may be provided by the local 
        government to finance cleanups of brownfield sites by the local 
        government, or by an owner or a prospective purchaser 
        (including a local government) of a brownfield site, including 
        associated rivers and streams, at which a cleanup is being 
        conducted or is proposed to be conducted.
    ``(b) Scope of Program.--
            ``(1) In general.--
                    ``(A) Grants.--In carrying out subsection (a), the 
                Administrator may award a grant to a local government 
                that submits an application to the Administrator that 
                is approved by the Administrator.
                    ``(B) Use of grant.--The grant shall be used by the 
                local government to capitalize a revolving loan fund to 
                be used for cleanup of one or more brownfield sites.
                    ``(C) Grant application.--An application for a 
                grant under this section shall be in such form as the 
                Administrator determines appropriate. At a minimum, the 
                application shall include the following:
                            ``(i) Evidence that the grant applicant has 
                        the financial controls and resources to 
                        administer a revolving loan fund in accordance 
                        with this subtitle.
                            ``(ii) Provisions that ensure each of the 
                        following:
                                    ``(I) The grant applicant has the 
                                ability to monitor the use of funds 
                                provided to loan recipients under this 
                                subtitle.
                                    ``(II) Any cleanup conducted by the 
                                applicant is protective of human health 
                                and the environment.
                                    ``(III) There will be adequate 
                                public participation in the selection 
                                of criteria for any cleanup, including 
                                an opportunity for public meeting.
                                    ``(IV) Any cleanup funded under 
                                this Act will comply with all laws that 
                                apply to the cleanup.
                            ``(iii) Identification of the criteria to 
                        be used by the local government in providing 
                        for loans under the program. The criteria shall 
                        include the financial standing of the 
                        applicants for the loans, the use to which the 
                        loans will be put, the provisions to be used to 
                        ensure repayment of the loan funds, and the 
                        following:
                                    ``(I) A complete description of the 
                                financial standing of the applicant 
                                that includes a description of the 
                                assets, cash flow, and liabilities of 
                                the applicant.
                                    ``(II) A written statement that 
                                attests that the cleanup of the site 
                                would not occur without access to the 
                                revolving loan fund.
                                    ``(III) The proposed method, and 
                                anticipated period of time required, to 
                                clean up the environmental 
                                contamination at the brownfield site.
                                    ``(IV) An estimate of the proposed 
                                total cost of the cleanup to be 
                                conducted at the brownfield site.
                                    ``(V) An analysis that demonstrates 
                                the potential of the brownfield site 
                                for stimulating economic development or 
                                creation of recreational areas on 
                                completion of the cleanup of the 
                                brownfield site.
                                    ``(VI) An analysis that 
                                demonstrates the potential for 
                                involving local citizens in the cleanup 
                                of the brownfield site.
                                    ``(VII) Such other additional 
                                factors as the Administrator considers 
                                relevant to carry out this section.
            ``(2) Grant approval.--In determining whether to award a 
        grant under this section, the Administrator shall consider--
                    ``(A) the need of the local government for 
                financial assistance to clean up brownfield sites that 
                are the subject of the application, taking into 
                consideration the financial resources available to the 
                local government;
                    ``(B) the ability of the local government to ensure 
                that the applicants repay the loans in a timely manner;
                    ``(C) the extent to which the cleanup of the 
                brownfield site or sites would reduce health and 
                environmental risks caused by the release of hazardous 
                substances, pollutants, or contaminants at, or from, 
                the brownfield site or sites;
                    ``(D) the demonstrable potential of the brownfield 
                site or sites for stimulating economic development or 
                creation of recreational areas on completion of the 
                cleanup;
                    ``(E) the demonstrated ability of the local 
                government to administer such a loan program;
                    ``(F) the demonstrated experience of the local 
                government regarding brownfield sites and the reuse of 
                contaminated land, including whether the government has 
                received any grant under any other provision of this 
                Act to assess brownfield sites, except that applicants 
                who have not previously received such a grant may be 
                considered for awards under this section;
                    ``(G) the experience of administering any loan 
                programs by the entity, including the loan repayment 
                rates;
                    ``(H) the demonstrations made regarding the ability 
                of the local government to ensure a fair distribution 
                of grant funds among brownfield sites within the 
                jurisdiction of the local government;
                    ``(I) the extent to which the applicant will 
                involve local citizens in the cleanup of brownfield 
                sites; and
                    ``(J) such other factors as the Administrator 
                considers relevant to carry out this section.
            ``(3) Grant amount.--The amount of a grant made to an 
        applicant under this section shall not exceed $500,000, unless 
        the Administrator determines that a particular applicant 
        warrants a larger amount. An applicant for a grant in excess of 
        $500,000 shall submit information to the Administrator 
        regarding economic or environmental conditions that may warrant 
        funding in excess of $500,000. The Administrator may award 
        funding in excess of $500,000 only upon a determination that 
        such an action will achieve particularly significant 
        environmental and economic benefits.
            ``(4) Revolving loan fund approval.--Each application for a 
        grant to capitalize a revolving loan fund under this section 
        shall, as a condition of approval by the Administrator, include 
        a written statement by the local government that cleanups to be 
        funded under the loan program of the local government shall be 
        conducted under the auspices of, and in compliance with, the 
        State voluntary cleanup program or State Superfund program or 
        Federal authority.
    ``(c) Grant Agreements.--Each grant under this section for a 
revolving loan fund shall be made pursuant to a grant agreement. At a 
minimum, the grant agreement shall include provisions that ensure the 
following:
            ``(1) Compliance with law.--The local government will 
        include in all loan agreements a requirement that the loan 
        recipient shall comply with all laws applicable to the cleanup 
        and shall ensure that the cleanup is protective of human health 
        and the environment.
            ``(2) Repayment.--The local government will require 
        repayment of the loan consistent with this subtitle.
            ``(3) Use of funds.--The local government will use the 
        funds solely for purposes of establishing and capitalizing a 
        loan program in accordance with this subtitle and of cleaning 
        up the environmental contamination at the brownfield site or 
        sites.
            ``(4) Repayment of funds.--The local government will 
        require in each loan agreement, and take necessary steps to 
ensure, that the loan recipient will use the loan funds solely for the 
purposes stated in paragraph (3), and will require the return of any 
excess funds immediately on a determination by the appropriate local 
official that the cleanup has been completed.
            ``(5) Nontransferability.--The funds will not be 
        transferable, unless the Administrator agrees to the transfer 
        in writing.
            ``(6) Liens.--
                    ``(A) Definitions.--In this paragraph, the terms 
                `security interest' and `purchaser' have the meanings 
                given the terms in section 6323(h) of the Internal 
                Revenue Code of 1986.
                    ``(B) Liens.--A lien in favor of the grant 
                recipient shall arise on the contaminated property 
                subject to a loan under this section, as well as on any 
                personal property, accounts, or other assets if 
                identified in the agreement establishing the loan.
                    ``(C) Coverage.--The lien shall cover all real 
                property included in the legal description of the 
                property at the time the loan agreement provided for in 
                this section is signed, and all rights to the property, 
                and shall continue until the terms and conditions of 
                the loan agreement have been fully satisfied.
                    ``(D) Timing.--The lien shall--
                            ``(i) arise at the time a security interest 
                        is appropriately recorded in the real property 
                        records of the appropriate office of the State, 
                        county, or other governmental subdivision, as 
                        designated by State law, in which the real 
                        property, personal property, accounts, or other 
                        assets subject to the lien are located; and
                            ``(ii) be subject to the rights of any 
                        purchaser, holder of a security interest, or 
                        judgment lien creditor whose interest is or has 
                        been perfected under applicable State law 
                        before the notice has been filed in the 
                        appropriate office of the State, county, or 
                        other governmental subdivision, as designated 
                        by State law, in which the real property, 
                        personal property, accounts, or other assets 
                        subject to the lien are located.
            ``(7) Notice to state.--The local government will notify 
        the State in which the local government is located of the 
        receipt of the grant and of the identity of recipients of loans 
        made under the revolving loan fund.
            ``(8) Report on local citizen involvement.--The local 
        government will submit a report under subsection (f) on local 
        citizen involvement.
    ``(d) Audits.--
            ``(1) In general.--The Inspector General of the 
        Environmental Protection Agency shall audit a portion of the 
        grants awarded under this section to ensure that all funds are 
        used for the purposes set forth in this section.
            ``(2) Future grants.--The result of the audit shall be 
        taken into account in awarding any future grants to the local 
        government.
    ``(e) Authority To Award Grants to States.--The Administrator may 
award a grant to a State under the program established under this 
section at the request of a local government in the State if the 
Administrator determines that a grant to the State is necessary in 
order to facilitate the receipt of funds by one or more local 
governments that otherwise do not have the capabilities, such as 
personnel and other resources, to manage grants under the program.
    ``(f) Report on Local Citizen Involvement.--Each recipient of a 
grant awarded under the program established under this section shall 
submit to the Administrator, not later than one year after receipt of 
the grant, a report on the extent to which local citizens are involved 
in projects funded by loans made under the revolving loan fund, 
including a statement of the percentage of the grant funds used to 
involve local citizens in carrying out such projects.

``SEC. 504. REPORTS.

    ``(a) In General.--Not later than one year after the date of 
enactment of this Act, and not later than January 31 of each of the 3 
calendar years thereafter, the Administrator shall prepare and submit a 
report describing the results of each program established under this 
subtitle to--
            ``(1) the Committees on Commerce and on Transportation and 
        Infrastructure of the House of Representatives; and
            ``(2) the Committee on Environment and Public Works of the 
        Senate.
    ``(b) Contents of Report.--Each report shall, with respect to each 
of the programs established under this subtitle, include a description 
of--
            ``(1) the number of applications received by the 
        Administrator during the preceding calendar year;
            ``(2) the number of applications approved by the 
        Administrator during the preceding calendar year; and
            ``(3) the allocation of assistance under sections 502 and 
        503 among the local governments.

``SEC. 505. LIMITATIONS ON USE OF FUNDS.

    ``(a) Excluded Facilities.--(1) A grant for site inventory and 
assessment under section 502 or to capitalize a revolving loan fund 
under section 503 may not be used for any activity involving any of the 
following:
            ``(A) A facility or portion of a facility that is the 
        subject of a response action (including a facility or portion 
        of a facility with respect to which a record of decision, other 
        than a no-action record of decision, has been issued) under 
        title I of this Act, unless a preliminary assessment, site 
        investigation, or response action has been completed at such 
        facility or portion of a facility and the President has decided 
        not to take further response action at such facility or portion 
        of a facility.
            ``(B) A facility listed, or proposed for listing, on the 
        National Priorities List maintained by the President under 
        title I of this Act.
            ``(C) An NPL-caliber facility, as defined in paragraph (2).
            ``(D) A facility that is subject to corrective action under 
        section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 
        U.S.C. 6924(u) or 6928(h)) to which a corrective action permit 
        or order has been issued or modified to require the 
        implementation of corrective measures.
            ``(E) Any land disposal unit with respect to which a 
        closure notification under subtitle C of the Solid Waste 
        Disposal Act (42 U.S.C. 6921 et seq.) has been submitted and 
        closure requirements have been specified in a closure plan or 
        permit.
            ``(F) A facility at which there has been a release of a 
        polychlorinated biphenyl and that is subject to the Toxic 
        Substances Control Act (15 U.S.C. 2601 et seq.).
            ``(G) A facility with respect to which an administrative or 
        judicial order or decree requiring cleanup has been issued or 
        entered into by the President under--
                    ``(i) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    ``(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 
                et seq.);
                    ``(iii) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    ``(iv) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.); or
                    ``(v) the Safe Drinking Water Act (42 U.S.C. 300f 
                et seq.).
            ``(H) The portion of a facility at which assistance for 
        response activities may be obtained under subtitle I of the 
        Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the 
        Leaking Underground Storage Tank Trust Fund established by 
        section 9508 of the Internal Revenue Code of 1986.
            ``(I) A facility owned or operated by a department, agency, 
        or instrumentality of the United States, except for land held 
        in trust by the United States for an Indian tribe.
    ``(2) For purposes of paragraph (1), the term `NPL-caliber 
facility' means a facility for which the President, in consultation 
with the State concerned, has prepared or is preparing a hazardous 
ranking system scoring package or that satisfies such other definition 
as the Administrator may promulgate by regulation. The term does not 
include a facility for which the President--
            ``(A) has obtained a score under the hazardous ranking 
        system; and
            ``(B) based on that score, has made a determination not to 
        list on the National Priorities List.
    ``(3) Notwithstanding paragraph (1), the President may, on a 
facility-by-facility basis, allow a grant under section 502 or section 
503 to be used for an activity involving any facility listed in 
subparagraph (D), (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), (H), or 
(I) of paragraph (1). In the case of a facility listed in subparagraph 
(I), the President may use the authority in the preceding sentence only 
if the facility is not a facility described in subparagraph (A), (B), 
(C), or (G)(i).
    ``(b) Cost-Sharing.--A grant made under this subtitle may not be 
used to pay any fine or penalty owed to a State or the Federal 
Government, or to meet any Federal cost-sharing requirement.
    ``(c) Other Limitations.--
            ``(1) In general.--Funds made available to a local 
        government under the grant programs established under section 
        502 shall be used only to inventory and assess brownfield sites 
        as authorized by this subtitle. Funds made available to a local 
        government under the grant programs established under section 
        503 shall be used only for capitalizing a revolving loan fund 
        as authorized by this subtitle.
            ``(2) Responsibility for cleanup action.--Funds made 
        available under this subtitle may not be used to relieve a 
        local government of the commitment or responsibilities of the 
        local government under State law to assist or carry out cleanup 
        actions at brownfield sites.

``SEC. 506. EFFECT ON OTHER LAWS.

    ``Nothing in this subtitle changes, modifies, or otherwise affects 
the liability of any person or the obligations imposed or authorities 
provided under any other law or regulation.

``SEC. 507. REGULATIONS.

    ``(a) In General.--The Administrator may issue such regulations as 
are necessary to carry out this subtitle.
    ``(b) Procedures and Standards.--The regulations shall include such 
procedures and standards as the Administrator considers necessary, 
including procedures and standards for evaluating an application for a 
grant or loan submitted under this subtitle.

``SEC. 508. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) Expenditures From the Superfund.--Amounts in the Hazardous 
Substance Superfund established by section 9507 of the Internal Revenue 
Code of 1986 shall be made available consistent with, and for the 
purposes of carrying out, the grant programs established under sections 
502 and 503.
    ``(b) Site Assessment Program.--There is authorized to be 
appropriated to carry out section 502 $40,000,000 for each of fiscal 
years 1999 through 2003.
    ``(c) Economic Redevelopment Assistance Program.--There is 
authorized to be appropriated to carry out section 503 $80,000,000 for 
each of fiscal years 1999 through 2003.
    ``(d) Availability of Funds.--The amounts appropriated under this 
section shall remain available until expended.''.

SEC. 602. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    Section 311(c) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9660(c)) is amended 
to read as follows:
    ``(c) Hazardous Substance Research and Response Activities.--
            ``(1) Authority.--The Administrator is authorized to 
        conduct and support, through grants, cooperative agreements, 
        contracts, and research, demonstrations surveys and technical 
        assistance, with respect to the detection, assessment, 
        remediation, and evaluation of the effects on and risks to 
        human health and the environment from hazardous substances.
            ``(2) Grants and agreements.--The Administrator may award 
        grants to, and enter into cooperative agreements under this 
        section with, a State, tribe, consortium of tribes, or 
        interstate agency, municipality, education institution, or 
        other agency or organization for the development and 
        implementation of training, technology transfer, and 
        information dissemination programs to strengthen environmental 
        response activities, including enforcement, at the Federal, 
        State, tribal, and local levels. The Administrator may 
        establish such requirements for such grants and cooperative 
        agreements as the Administrator determines to be appropriate. 
        The Administrator may award such grants and cooperative 
        agreements using funds appropriated under this Act.''.

SEC. 803. ASSISTANCE FOR WORKFORCE TRAINING.

    Section 117 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9660), as amended by 
this Act, is further amended by adding at the end thereof the 
following:
    ``(l) Assistance for Workforce Training.--The Administrator shall 
provide grants and such other forms of assistance as the Administrator 
deems appropriate for brownfields workforce training programs in 
communities that contain brownfield sites. Assistance provided under 
this section may include--
            ``(1) expansion of environmental training and curriculum 
        development at colleges located near brownfields sites;
            ``(2) establishment of environmental education and training 
        centers or other community-based job training organizations; 
        and
            ``(3) such other activities as the Administrator considers 
        appropriate.''.

  Subtitle B--Innocent Landowners and Prospective Purchaser Liability

SEC. 621. INNOCENT LANDOWNERS.

    (a) Environmental Site Assessment.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607) is amended by adding at the end the following 
new subsection:
    ``(o) 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 paragraph (2).
            ``(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 President or promulgated or developed by others and 
        designated by rule by the President. Before issuing or 
        designating alternative standards, the President 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 President 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 President 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 landowner.
                    ``(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) Appropriate inquiry.--A person shall not be treated 
        as having made all appropriate inquiry under paragraph (1) 
        unless--
                    ``(A) the person has maintained a compilation of 
                the information reviewed and gathered in the course of 
                the environmental site assessment;
                    ``(B) 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; and
                    ``(C) the person provides full cooperation, 
                assistance, and facility access to persons authorized 
                to conduct response actions or natural resource 
                restoration at the facility, including the cooperation 
                and access necessary for the installation, integrity, 
                operation, and maintenance of any complete or partial 
                response action or natural resource restoration at the 
                facility.''.
    (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. 622. LIMITATIONS ON LIABILITY FOR RESPONSE COSTS FOR PROSPECTIVE 
              PURCHASERS.

    (a) Limitations on Liability.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is further amended by adding at the end the following new 
subsection:
    ``(p) Limitations on Liability for Prospective Purchasers.--
Notwithstanding paragraphs (1) through (4) of subsection (a), to the 
extent the liability of a person, with respect to a release or the 
threat of a release from a facility, is based solely on subsection 
(a)(1), the person shall not be liable under this Act if the person--
            ``(1) is a bona fide prospective purchaser of the facility; 
        and
            ``(2) does not impede the performance of any response 
        action or natural resource restoration at a facility.''.
    (b) Prospective Purchaser and Windfall Lien.--Section 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (as amended by subsection (a)) is amended by adding after 
subsection (p) the following new subsection:
    ``(q) Prospective Purchaser and Windfall Lien.--
            ``(1) In general.--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 (p), and the 
        conditions described in paragraph (3) are met, the United 
        States shall have a lien on the facility, or may obtain, from 
        the appropriate responsible party or parties, a lien on other 
        property or other assurances of payment satisfactory to the 
        Administrator, for the unrecovered costs.
            ``(2) Amount; duration.--The lien--
                    ``(A) shall be for an amount not to exceed the 
                increase in fair market value of the property 
                attributable to the response action at the time of a 
                subsequent sale or other disposition of the property;
                    ``(B) shall arise at the time 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 specified in subsection (l)(3); and
                    ``(D) shall continue until the earlier of 
                satisfaction of the lien or recovery of all response 
                costs incurred at the facility.
            ``(3) Conditions.--The conditions referred to in paragraph 
        (1) are the following:
                    ``(A) Response action.--A response action for which 
                there are unrecovered costs is carried out at the 
                facility.
                    ``(B) Fair market value.--The response action 
                increases the fair market value of the facility above 
                the fair market value of the facility that existed on 
                the date that is 180 days before the response action 
                was commenced.''.
    (c) Definition of Bona Fide Prospective Purchaser.--Section 101 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601), as amended by this Act, is further 
amended by adding at the end the following:
            ``(40) Bona fide prospective purchaser.--The term `bona 
        fide prospective purchaser' means a person who acquires 
        ownership of a facility after the date of enactment of the 
        Children's Protection and Community Cleanup Act of 1998, or a 
        tenant of such a person, who can establish each of the 
        following by a preponderance of the evidence:
                    ``(A) Disposal prior to acquisition.--All active 
                disposal of hazardous substances at the facility 
                occurred before the person acquired the facility.
                    ``(B) Inquiry.--
                            ``(i) In general.--The person made all 
                        appropriate inquiry into the previous ownership 
                        and uses of the facility in accordance with 
                        generally accepted good commercial and 
                        customary standards and practices.
                            ``(ii) Standards.--The ASTM standards 
                        described in section 107(o)(2) or the 
                        alternative standards issued or designated by 
                        the President pursuant to that section shall 
                        satisfy the requirements of this subparagraph.
                            ``(iii) Residential property.--In the case 
                        of property in residential or other similar use 
                        at the time of purchase by a nongovernmental or 
                        noncommercial entity, a site inspection and 
                        title search that reveal no basis for further 
                        investigation shall satisfy the requirements of 
                        this subparagraph.
                    ``(C) Notices.--The person provided all legally 
                required notices with respect to the discovery or 
                release of any hazardous substances at the facility.
                    ``(D) Care.--The person exercised appropriate care 
                with respect to hazardous substances found at the 
                facility by taking reasonable steps to--
                            ``(i) stop ongoing releases;
                            ``(ii) prevent threatened future releases 
                        of hazardous substances; and
                            ``(iii) prevent or limit human or natural 
                        resource exposure to hazardous substances 
                        previously released into the environment.
                    ``(E) Cooperation, assistance, and access.--The 
                person provides full cooperation, assistance, and 
                facility access to such persons as are 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) Relationship.--The person is not liable, or 
                is not affiliated with any other person that is 
                potentially 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.''.

SEC. 623. CONTIGUOUS OR NEARBY PROPERTIES.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further 
amended by adding at the end the following new subsection:
    ``(r) Contiguous Properties.--(1) A person 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 considered to be an owner or 
operator of a facility under subsection (a)(1) solely by reason of such 
contamination, if such person establishes by a preponderance of the 
evidence that--
            ``(A) such person exercised due care with respect to the 
        hazardous substance, in light of all relevant facts and 
        circumstances;
            ``(B) such person took precautions against any foreseeable 
        act or omission that resulted in the release or threatened 
        release and the consequences that could foreseeably result from 
        such act or omission; and
            ``(C) such person did not cause or contribute to the 
        release or threatened release.
    ``(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).''.

  Subtitle C--Department of Housing and Urban Development Brownfield 
                                 Grants

SEC. 631. ECONOMIC DEVELOPMENT GRANTS IN CONNECTION WITH COMMUNITY 
              DEVELOPMENT LOAN GUARANTEES.

    Section 108(q) of the Housing and Community Development Act of 1974 
(42 U.S.C. 5308(q)) is amended by adding at the end the following new 
paragraph:
            ``(5) Brownfields redevelopment.--
                    ``(A) In general.--The Secretary shall, to the 
                extent amounts are made available pursuant to 
                subparagraph (F) and applications are approved under 
                this paragraph, make grants under this paragraph to 
                eligible public entities for projects for the cleanup 
                and economic redevelopment of brownfield sites. The 
                provisions of paragraphs (1) through (4) of this 
                subsection shall apply to grants under this paragraph 
                and the requirements under this paragraph shall be in 
                addition to the requirements under paragraphs (1) 
                through (4).
                    ``(B) Eligible recipients.--Grants under this 
                paragraph may be made only to eligible public entities 
                requesting guarantees under subsection (a) for notes or 
                other obligations to finance a project involving 
                eligible activities under subparagraph (C).
                    ``(C) Eligible activities.--Assistance under this 
                paragraph may be used only for the purposes of and in 
                conjunction with projects and activities for the 
                economic redevelopment of brownfield sites.
                    ``(D) Selection criteria.--
                            ``(i) Additional criterion.--The criteria 
                        for awarding assistance under this paragraph 
                        shall include the extent to which the applicant 
                        has developed an approach or process for the 
                        cleanup and redevelopment of brownfield sites 
                        and is coordinating such program with 
                        appropriate environmental regulatory agencies.
                            ``(ii) Priority.--In awarding such 
                        assistance, the Secretary shall give priority 
                        to eligible entities meeting the selection 
                        criteria (established pursuant to paragraph (4) 
                        and clause (i)) and proposing a plan involving 
                        projects and activities for brownfield sites 
                        located within any empowerment zone or 
                        enterprise community (as such terms are defined 
                        in section 1393(b) of the Internal Revenue Code 
                        of 1986).
                    ``(E) Coordination with epa.--The Secretary shall 
                consult and coordinate with the Administrator of the 
                Environmental Protection Agency in providing assistance 
                under this paragraph and establishing selection 
                criteria under subparagraph (D) to ensure that 
                activities assisted with amounts provided under this 
                paragraph are consistent and coordinated with efforts 
                of such Agency and other agencies and organizations to 
                clean up and redevelop brownfield sites.
                    ``(F) Definition.--For purposes of this paragraph, 
                the term `brownfield site' has the meaning provided by 
                section 501 of this Act.
                    ``(G) Authorization of appropriations.--For grants 
                under this paragraph, there is authorized to be 
                appropriated to the Secretary $50,000,000 for each of 
                fiscal years 1999 through 2003.''.

                  TITLE VII--NATURAL RESOURCE DAMAGES

SEC. 701. LIABILITY FOR NATURAL RESOURCES DAMAGES.

    Subparagraph (C) of section 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(a)) is amended by inserting ``and the reasonable costs of 
recovering such damages'' before the semicolon.

SEC. 702. LIMITATIONS ON LIABILITY.

    Section 107(c)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(c)(2)) is 
amended by inserting ``, including damages for injury to, destruction 
of, or loss of natural resources'' after ``damages''.

SEC. 703. DAMAGE ASSESSMENT.

    (a) In General.--Section 107(f)(2)(C) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(f)(2)(C)) is amended to read as follows:
            ``(C) Damage assessment.--A natural resource damage 
        assessment conducted for the purposes of this Act and made by a 
        Federal, State, or tribal trustee shall be performed, to the 
        extent practicable, in accordance with--
                            ``(i) the regulation issued under section 
                        301(c); and
                            ``(ii) generally accepted scientific and 
                        technical standards and appropriate 
                        methodologies to ensure the validity and 
                        reliability of assessment results.''.
    (b) Regulations.--Section 301(c) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9651) is 
amended to read as follows:
    ``(c) Regulations for Damage Assessments.--
            ``(1) In general.--The President, acting through Federal 
        officials designated by the National Contingency Plan under 
        section 107(f)(2), shall issue a regulation for the assessment 
        of damages and costs for injury to, destruction of, or loss of 
        natural resources resulting from a release of a hazardous 
        substance for the purposes of this Act.
            ``(2) Contents.--The regulation under paragraph (1) shall--
                    ``(A) specify protocols for conducting assessments 
                in individual cases to determine the injury, 
                destruction, or loss of natural resources;
                    ``(B) identify the best available procedures to 
                determine damages for the cost of restoration and 
                assessment;
                    ``(C) take into consideration the ability of a 
                natural resource to recover naturally and the 
                availability of replacement or alternative resources; 
                and
                    ``(D) identify criteria for the distribution of 
                funds for assessments.
            ``(3) Biennial review.--The regulation under paragraph (1) 
        shall be reviewed and revised as appropriate every 2 years.''.

SEC. 704. STANDARD OF REVIEW.

    (a) Section 107(f) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)) is amended 
by adding at the end the following:
            ``(3) Trustee restoration plans.--
                    ``(A) Administrative record.--A trustee for a 
                natural resource designated under this subsection may 
                establish an administrative record on which the trustee 
                will base the selection of a plan for restoration of 
                the resource. The plan shall include a determination of 
                the nature and extent of the injury to, destruction of, 
                or loss of the resource. The administrative record 
                shall be made available to the public at or near the 
                facility at issue.
                    ``(B) Public participation.--The President shall 
                issue regulations to establish procedures for the 
                participation of interested persons in the development 
                of an administrative record described in subparagraph 
                (A). The procedures shall include, at a minimum, each 
                of the requirements set forth in section 113(k)(2)(B).
                    ``(C) Participation by trustees.--All trustees 
                designated for a natural resource under this subsection 
                may participate in the selection of a restoration plan 
                under this paragraph. The restoration plan may include 
                actions to restore natural resources under the 
                trusteeship of any participating trustee. The President 
                shall issue regulations to govern the implementation of 
                this subparagraph.
                    ``(D) Judicial review.--Judicial review of any 
                restoration plan developed under this paragraph with 
                participation by all affected trustees (other than 
                trustees who elect not to participate) shall be limited 
                to the administrative record. Otherwise applicable 
                principles of administrative law shall govern whether 
any supplemental materials may be considered by the court. In 
considering objections to the restoration plan, the court shall uphold 
the decision of a participating trustee in selecting the plan unless 
the objecting party can demonstrate on the administrative record that 
the decision was arbitrary and capricious or otherwise not in 
accordance with law.''.

SEC. 705. CONTAMINATED SEDIMENTS.

    Section 107(f) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)) is further 
amended by adding at the end the following:
            ``(4) Contaminated sediments.--
                    ``(A) In general.--With respect to hazardous 
                substances in sediments of the waters of the United 
                States, the presence of hazardous substances at levels 
                above background or reference levels shall be 
                sufficient to establish injury to natural resources 
                under subparagraph (C) of subsection (a).
                    ``(B) Report to congress.--Not later than December 
                31, 2000, the Administrator and the appropriate 
                trustees shall jointly transmit to Congress a report 
                regarding how response, remedial, and restoration 
                actions are restoring and protecting natural resources 
                and all associated values, including natural heritage 
                values, affected by each of the following facilities or 
                group of facilities:
                            ``(i) Hudson River, New York.
                            ``(ii) Newark and New York Bays, New York 
                        and New Jersey.
                            ``(iii) Housatonic River, Connecticut and 
                        Massachusetts.
                            ``(iv) New Bedford Harbor, Massachusetts.
                            ``(v) Clark Fork River, Montana.
                            ``(vi) Lavaca Bay, Texas.
                            ``(vii) Palos Verdes, California.
                            ``(viii) Fox River, Wisconsin.
                            ``(ix) Coeur D'Alene, Idaho.
                            ``(x) Hanford, Washington.
                The President may designate other facilities as 
                additions to the list set forth in this subparagraph 
                and, for such additional facilities, the report shall 
                be submitted within 3 years after designation.''.

SEC. 706. RECRUITMENT AND TRAINING PROGRAM.

    Section 107(f) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)) is further 
amended by adding at the end the following:
            ``(5) Recruitment and Training Program.--
                    ``(A) In general.--The trustees designated under 
                this subsection shall conduct a program to assist in 
                the recruitment and training of individuals in an 
                affected community for employment in restoration 
                activities.
                    ``(B) Recruitment, training, and employment.--The 
                trustees shall encourage a person conducting a 
                restoration action under this Act to train and employ 
                persons from the affected community in restoration 
                skills.''.

SEC. 707. STATUTE OF LIMITATIONS.

    (a) Period in Which Action May Be Brought.--Section 113(g)(1) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9613(g)(1)) is amended--
            (1) by striking ``Except as'' and all that follows through 
        subparagraph (B) and inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and paragraphs (3) and (4), no action 
                may be commenced for damages (as defined in section 
                101(6)) under this Act unless that action is commenced 
                within 3 years after--
                            ``(i) the date of completion by an 
                        authorized trustee of a damage assessment in 
                        accordance with the regulations promulgated 
                        under section 301(c); or
                            ``(ii) the date of a plan for restoration 
                        of natural resources adopted after adequate 
                        public notice, opportunity for comment, and 
                        consideration of all public comments.''; and
            (2) by striking ``With respect to'' and inserting the 
        following:
                    ``(B) Special rules.--With respect to''; and
            (3) in subparagraph (B), as so designated--
                    (A) by moving the remainder of the text of the 
                subparagraph 4 ems to the right; and
                    (B) by striking ``in lieu of the dates referred to 
                in subparagraph (A) or (B)''.
    (b) Claims for Recovery of Damages.--Section 112(d)(2) of such Act 
(42 U.S.C. 9612(d)(2)) is amended by striking ``within'' and all that 
follows through the period at the end and inserting ``the period for 
commencing an action for natural resource damages under section 
113(g)(1).''.

SEC. 708. ARCHAEOLOGICAL RESOURCES.

    Section 101(16) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(16)) is amended 
by inserting ``archaeological resources,'' before ``and other such 
resources''.

SEC. 709. CITIZEN SUITS.

    (a) Actions To Recover Natural Resources Damages.--Section 
310(a)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9659(a)(1)) is amended by 
inserting before the semicolon the following: ``or against any such 
person to recover damages for injury to, destruction of, or loss of 
natural resources subject to the limitations on the use of sums 
contained in section 107(f)''.
    (b) Notice.--Section 310(d)(1) of such Act (42 U.S.C. 9659(d)(1)) 
is amended by adding at the end the following:
                    ``(D) In the case of an action to recover damages 
                for injury to, destruction of, or loss of natural 
                resources, the trustees for the natural resources 
                designated under section 107(f).''.
    (c) Diligent Prosecution.--Section 310(d)(2) of such Act (42 U.S.C. 
9659(d)(2)) is amended--
            (1) by inserting ``(A)'' before ``the President''; and
            (2) by inserting before the period at the end the 
        following: ``; or (B) in the case of an action to recover 
        damages for injury to, destruction of, or loss of natural 
        resources, the trustees for the natural resources designated 
        under section 107(f) have commenced and are diligently 
        performing a natural resource damage assessment or have 
        commenced and are diligently prosecuting an action under this 
        Act for recovery of such damages''.

SEC. 710. TRANSITION RULES.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this title shall apply only to a claim for damages 
under section 107(a)(2)(C) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 filed on or after the date of 
the enactment of this Act.
    (b) Exceptions.--The amendments made by section 707 of this Act 
shall apply to all claims for damages, whenever filed.

                     TITLE VIII--FEDERAL FACILITIES

SEC. 801. FEDERAL ENTITIES AND FACILITIES.

    Section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (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, 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, 
        hazardous substances, pollutants, or contaminants in the same 
        manner, and to the same extent, as any nongovernmental entity 
        is subject to such requirements, including reimbursement of 
        response costs and attorneys' fees, payment of natural resource 
        damages, and enforcement and 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 law relating to response actions 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)(i) The Administrator 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 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 Administrator.
            ``(iii) Unless a State law in effect on the date of 
        enactment of the Children's Protection and Community Cleanup 
        Act of 1998, or a State Constitution, requires the funds to be 
        used in a different manner, all funds collected by a State from 
        the Federal Government from penalties and fines imposed for 
        violation of any substantive or procedural requirement referred 
        to in subsection (a) of this section shall be used by the State 
        only for projects designed to improve or protect the 
        environment or to defray the costs of environmental protection 
        or enforcement.
            ``(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).
            (5) By inserting after subsection (e) the following new 
        paragraph:
            ``(7) Notification of and concurrence from the 
        administrator or state.--(A) Before the commencement of any 
        nonemergency removal action by a department, agency, or 
        instrumentality of the United States, such department, agency, 
        or instrumentality shall--
                    ``(i) notify the Administrator and the State of the 
                planned removal action; and
                    ``(ii) in the case of facilities which are listed 
                or proposed for listing on the National Priorities 
                List, obtain concurrence in the planned removal action 
                from the Administrator, and in the case of facilities 
                which are not listed or proposed for listing on the 
                National Priorities List, obtain concurrence in the 
                planned removal action from the State.
        The lack of concurrence under this subparagraph shall not delay 
        the commencement of the remedial investigation and feasibility 
        study in accordance with the time requirements of this section.
            ``(B) As soon as possible after any emergency removal 
        action is initiated by a department, agency, or instrumentality 
        of the United States, but in no case more than 24 hours after 
        such action is initiated, the department, agency, or 
        instrumentality shall notify the Administrator and the State of 
        the removal action.
            ``(C) The requirements of this paragraph shall not affect, 
        alter, or supplant, directly or indirectly, the applicability 
        of any State law to the removal action concerned.''.
            (6) In subsection (h)(3)(C)(i)--
                    (A) by redesignating subclauses (III) and (IV) as 
                subclauses (IV) and (V), respectively; and
                    (B) by inserting after subclause (II) the 
                following:
                                    ``(III) the Federal agency 
                                requesting deferral has entered into, 
                                with the appropriate regulatory agency, 
                                an enforceable agreement that 
                                contains--
                                            ``(aa) an enforceable 
                                        cleanup plan which may be 
                                        modified for good cause as 
                                        provided in the agreement and 
                                        which can be a record of 
                                        decision, a State- or EPA-
                                        approved closure plan or 
                                        corrective action decision, or 
                                        any other similar document 
                                        containing remedial alternative 
                                        analyses, projections for long-
                                        term operations and 
                                        maintenance, cost estimates, 
                                        and enforceable schedules with 
                                        milestones for intermediate and 
                                        final completion of cleanup; 
                                        and
                                            ``(bb) identification of 
                                        any institutional controls to 
                                        be relied upon during and after 
                                        the period of deferral/response 
                                        actions, designation of the 
                                        party bearing responsibility to 
                                        monitor effectiveness of 
                                        controls, and descriptions of 
                                        the enforcement mechanisms and 
                                        remedies for any breach of such 
                                        controls;''.
            (7) By adding at the end of subsection (h)(3)(C) the 
        following new clause:
                            ``(v) If either the provision requiring 
                        concurrence of the Governor for Federal 
                        facilities listed on the National Priorities 
                        List in clause (i), or the provision requiring 
                        a finding of suitability for transfer by the 
                        Governor for Federal facilities not listed on 
                        the National Priorities List in clause (i), is 
                        found by a court of competent jurisdiction to 
                        be unconstitutional, the remaining provisions 
                        of this subparagraph shall be deemed 
                        invalid.''.
            (8) In subsection (h)(3)(C)(ii)--
                    (A) by redesignating subclause (III) as subclause 
                (IX) and in that subclause by striking ``and'' at the 
                end;
                    (B) by redesignating subclause (IV) as subclause 
                (X) and in that subclause--
                            (i) by striking ``adequately addresses'' 
                        and inserts ``, if approved, would result in 
                        sufficient funding to comply fully with all''; 
                        and
                            (ii) by striking ``action, subject to 
                        congressional authorizations and 
                        appropriations.'' and inserting ``action; 
                        and'';
                    (C) by inserting after subclause (II) the 
                following:
                                    ``(III) provide that all 
                                restrictions on the use of the property 
                                shall apply to, and be binding upon, 
                                any transferee or assignee of the 
                                contract, shall run with the land, that 
                                both parties intend that such 
                                restrictions shall run with the land 
                                and be enforceable against future 
                                transferees, successors, and assigns, 
                                and that the United States and the 
                                State in which the property is located 
                                are third-party beneficiaries for the 
                                purposes of enforcing the land use 
                                restrictions until such time as the 
                                restrictions are determined by the 
                                appropriate regulatory agency to no 
                                longer be necessary to protect human 
                                health and the environment;
                                    ``(IV) provide for access by the 
                                United States and the State in which 
                                the property is located, to perform 
                                oversight or any cleanup activities 
                                required by the transfer agreement or 
                                by this subsection;
                                    ``(V) provide a clear statement of 
                                the scope of the parties' respective 
                                duties to indemnify each other, if any;
                                    ``(VI) provide a clear delineation 
                                of cleanup responsibilities, and 
                                financial commitments regarding cleanup 
                                obligations, of the transferring agency 
                                and the transferee, including 
                                operations and maintenance;
                                    ``(VII) provide a clear delineation 
                                of the parties' respective cleanup 
                                responsibilities in the event new 
                                information is discovered subsequent to 
                                transfer, such as previously unknown 
                                contamination or risk information;
                                    ``(VIII) provide a clear statement 
                                of the responsibilities of the 
                                respective parties to perform 
                                additional cleanup should actual land 
                                use change from the use reasonably 
                                anticipated at the time the remedy is 
                                selected, or should actual exposures be 
                                greater than represented in the risk 
                                assessment;''; and
                    (D) by adding at the end the following:
                                    ``(XI) provide that if the 
                                transferee is to perform the cleanup, 
                                the following additional safeguards 
                                will be required:
                                            ``(aa) The transferee shall 
                                        provide adequate financial 
                                        assurances to cover the costs 
                                        of the proposed response 
                                        action.
                                            ``(bb) The transferee shall 
                                        provide proof of technical and 
                                        managerial capability to 
                                        implement the selected 
                                        remedy.''.
            (9) By amending clause (iv) of subsection (h)(3)(C) to read 
        as follows:
                            ``(iv) Federal responsibility.--A deferral 
                        under this subparagraph shall not diminish the 
                        obligations and liability of a Federal agency 
                        under any State or Federal law, including 
                        obligations and liabilities under section 106, 
                        section 107, and this section.''.

SEC. 802. ADJOINING STATES.

    Section 121(f) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9621(f)) is amended 
by adding at the end the following new paragraph:
    ``(4) The President shall provide to any State within a 50-mile 
radius of a remedial action at a Federal facility a reasonable 
opportunity to review and comment on each of the following:
            ``(A) The remedial investigation and feasibility study and 
        all data and technical documents leading to its issuance.
            ``(B) The planned remedial action identified in the 
        remedial investigation and feasibility study.
            ``(C) The engineering design following selection of the 
        final remedial action.
            ``(D) Other technical data and reports relating to 
        implementation of the remedy.
            ``(E) Any proposed finding or decision by the President to 
        exercise the authority of subsection (d)(4).''.

SEC. 803. ENFORCEABILITY OF FEDERAL COMPLIANCE AGREEMENTS.

    Section 120(e) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620), as amended by 
this Act, is further amended by adding the following at the end:
            ``(8) State requirements.--Notwithstanding any other 
        provision of this Act, an interagency agreement under this 
        section shall not impair or diminish the authority of a State 
        or any other person to enforce compliance with requirements of 
        State or Federal law, unless those requirements have been--
                    ``(A) specifically addressed in the agreement; or
                    ``(B) waived;
        (without objection) after notice to the State on or before the 
        date on which the response action is selected.''.

                          TITLE IX--LIABILITY

SEC. 901. LIABILITY EXEMPTIONS.

    (a) Liability Exemptions.--Section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607), as amended by title VI, is further amended by adding at 
the end the following:
    ``(s) Liability Exemptions.--
            ``(1) De micromis exemption.--(A) Notwithstanding 
        paragraphs (1) through (4) of subsection (a), a person shall 
        not be liable to the United States or any other person 
        (including liability for contribution) under this Act for any 
        response costs incurred with respect to a facility if--
                    ``(i) liability is based solely on paragraph (3) or 
                (4) of subsection (a);
                    ``(ii) the person can demonstrate that the total of 
                materials containing a hazardous substance that the 
                person arranged for disposal or treatment of, arranged 
                with a transporter for transport for disposal or 
                treatment, of, or accepted for transport for disposal 
                or treatment, at the facility, was less than 55 gallons 
                of liquid materials or less than 100 pounds of solid 
                materials; and
                    ``(iii) the acts upon which liability is based took 
                place wholly before July 1, 1997.
            ``(B) Subparagraph (A) shall not apply in a case in which 
        the President, in the President's sole discretion, determines 
that the material containing hazardous substances referred to in 
subparagraph (A) contributed significantly or could contribute 
significantly, either individually or in the aggregate, to the cost of 
the response action with respect to the facility.
            ``(2) Small party exemption.--(A) 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 
        (3) or (4) of this subsection, and the person arranged for 
        disposal, treatment, or transport for disposal or treatment, or 
        accepted for transport for disposal or treatment, of only 
        municipal solid waste or sewage sludge owned or possessed by 
        such person, and the person is--
                    ``(i) the owner, operator, or lessee of residential 
                property from which all of the municipal solid waste 
                attributable to such person was generated;
                    ``(ii) a small business; or
                    ``(iii) a small non-profit organization.
            ``(B) This paragraph shall have no effect on the liability 
        of any other person.''.
    (b) Removal of Petroleum Exemption.--Section 101(14) of such Act 
(42 U.S.C. 9601(14)) is amended by striking the sentence starting with 
``The term does not include petroleum''.
    (c) Increased Liability for Willful and Intentional Releases.--
Section 107(c) of such Act (42 U.S.C. 9607(c)) is amended by adding at 
the end the following new paragraph:
    ``(4) In the case of a person who is liable for a release or threat 
of release of a hazardous substance, if the release or threat of 
release was willful and intentional, the person may be liable to the 
United States for punitive damages in an amount at least equal to, and 
not more than two times, the amount of any costs incurred by the Fund 
as a result of such release or threat of release.''.
    (d) Small Business Defined.--Section 101 of such Act (42 U.S.C. 
9601), as amended by this Act, is further amended by adding at the end 
the following new paragraphs:
            ``(41) Small business.--(A) The term `small business' 
        refers to any business entity that--
                    ``(i) including its parents, subsidiaries, and 
                other affiliates, during the tax year of the entity 
                preceding the date of transmittal of notification that 
                the entity is a potentially responsible party under 
                this Act, employs no more than 100 individuals; and
                    ``(ii) is a `small business concern' as defined 
                under the Small Business Act (15 U.S.C. 631 et seq.).
            ``(B) For purposes of subparagraph (A), the term 
        `affiliate' has the meaning of that term provided in the 
        definition of `small business concern' in regulations 
        promulgated by the Small Business Administration in accordance 
        with the Small Business Act (15 U.S.C. 631 et seq.).
            ``(42) Small nonprofit organization.--The term `small 
        nonprofit organization' refers to any chapter, office, or 
        department of a nonprofit organization employing fewer than 100 
        individuals at the location from which all of the municipal 
        solid waste attributable to such organization with respect to 
        the facility was generated.''.

                            TITLE X--FUNDING

SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.

    Section 111(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) is amended 
by striking ``$8,500,000,000 for the 5-year period beginning on the 
date of enactment of the Superfund Amendments and Reauthorization Act 
of 1986, and not more than $5,100,000,000 for the period commencing 
October 1, 1991, and ending September 30, 1994'' and inserting 
``$9,600,000,000 for the period commencing October 1, 1998, and ending 
September 30, 2003''.

SEC. 1002. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

    Section 111(m) (relating to ATSDR) is amended to read as follows:
    ``(m) Agency for Toxic Substances and Disease Registry.--There 
shall be directly available to the Agency for Toxic Substances and 
Disease Registry to be used for the purpose of carrying out activities 
described in subsection (c)(4) of this section and section 104(i) of 
this Act not less than $150,000,000 per fiscal year for each of fiscal 
years 1999, 2000, 2001, 2002, and 2003, of which $50,000,000 per fiscal 
year shall be available for the purposes of section 104(i)(15)(C). Any 
funds so made available which are not obligated by the end of the 
fiscal year in which made available shall be turned back to the 
Fund.''.

SEC. 1003. LIMITATIONS ON RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
              PROGRAMS.

    Section 111(n) is amended to read as follows:
    ``(n) Limitations on Research, Development, and Demonstration 
Program.--
            ``(1) Section 311(a).--From the amounts available in the 
        Fund, not more than the following amounts may be used for the 
        purposes of section 311(a) of this title (relating to hazardous 
        substance research, demonstration, and training activities):
                    ``(A) For fiscal year 1999, $40,000,000.
                    ``(B) For fiscal year 2000, $50,000,000.
                    ``(C) For fiscal year 2001, $55,000,000.
                    ``(D) For fiscal year 2002, $55,000,000.
                    ``(E) For fiscal year 2003, $55,000,000.
        No more than 10 percent of such amounts shall be used for 
        training under section 311(a) of this title for any fiscal 
        year.
            ``(2) Section 311(d).--For each of the fiscal years 1999, 
        2000, 2001, 2002, and 2003, not more than $5,000,000 of the 
        amounts available in the Fund may be used for the purposes of 
        section 311(d) of this title (relating to university hazardous 
        substance research centers).''.

SEC. 1004. 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 1999, $250,000,000.
                    ``(B) For fiscal year 2000, $250,000,000.
                    ``(C) For fiscal year 2001, $250,000,000.
                    ``(D) For fiscal year 2002, $250,000,000.
                    ``(E) For fiscal year 2003, $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 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))''.

SEC. 1005. ADDITIONAL LIMITATIONS.

    Section 111 is amended by adding after subsection (p) the following 
new subsections:
    ``(q) Information Offices.--For each of the fiscal years 1999, 
2000, 2001, 2002, and 2003, not more than $50,000,000 of the amounts 
available in the Fund may be used for the purposes of section 117(c) of 
this Act (relating to Community Information and Access Offices).''.

SEC. 1006. WORKER TRAINING AND EDUCATION GRANTS.

    Section 111(c)(12) (42 U.S.C. 9611(c)(12)) is amended--
            (1) by inserting ``and section 117(l) of this Act'' after 
        ``of 1986'';
            (2) by striking ``$10,000,000'' and inserting 
        ``$15,000,000''; and
            (3) by striking ``and 1994'' and inserting ``, 1994, 1998, 
        1999, 2000, 2001, 2002, and 2003''.

SEC. 1007. EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND.

    (a) Extension of Taxes.--
            (1) Paragraph (1) of section 59A(e) of the Internal Revenue 
        Code of 1986 is amended to read as follows:
            ``(1) In general.--The tax imposed by this section shall 
        apply to taxable years beginning after December 31, 1998, and 
        before January 1, 2004.''
            (2) Paragraph (1) of section 4611(e) of such Code is 
        amended to read as follows:
            ``(1) In general.--Except as provided in paragraph (2), the 
        Hazardous Substance Superfund financing rate under this section 
        shall apply after December 31, 1998, and before January 1, 
        2004.''
            (3) Paragraph (2) of section 4611(e) of such Code is 
        amended--
                    (A) by striking ``1993'' and inserting ``2001'',
                    (B) by striking ``1994'' each place it appears and 
                inserting ``2002'', and
                    (C) by striking ``1995'' each place it appears and 
                inserting ``2003''.
            (4)(A) Subsection (e) of section 4611 of such Code is 
        amended by striking paragraph (3).
            (B) Paragraph (2) of section 59(e) of such Code is amended 
        to read as follows:
            ``(2) Earlier termination.--The tax imposed by this section 
        shall not apply to taxable years beginning during a calendar 
        year during which no tax is imposed under section 4611(a) by 
        reason of paragraph (2) of section 4611(e).''
    (b) Extension of Repayment Deadline for Superfund Borrowing.--
Subparagraph (B) of section 9507(d)(3) of such Code is amended by 
striking ``December 31, 1995'' and inserting ``December 31, 2003''.
    (c) Trust Fund Purposes.--Paragraph (1) of section 9507(c) of such 
Code is amended by striking subparagraphs (A) and (B) and inserting the 
following new subparagraphs:
                    ``(A) to carry out the purposes of subsections (b), 
                (c), and (d) of section 111 of CERCLA; or
                    ``(B) hereafter authorized by a law which does not 
                authorize the expenditure out of the Superfund for a 
                general purpose not covered by subparagraph (A).''
    (d) Inclusion of Certain Punitive Damages in Superfund.--Section 
9507(b)(5) of such Code is amended by inserting ``and section 
107(c)(4)'' after ``107(c)(3)''.
    (e) Coordination With Other Provisions.--Paragraph (2) of section 
9507(e) of such Code is amended by striking ``CERCLA'' and all that 
follows through ``Acts)'' and inserting ``CERCLA, the Superfund 
Amendments and Reauthorization Act of 1986, and the Children's 
Protection and Community Cleanup Act of 1998 (or in any amendment made 
by any of such Acts)''.

                        TITLE XI--MISCELLANEOUS

SEC. 1101. PENALTIES.

    (a) Doubling of Penalties and Inflation Adjustment.--Section 109 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9609) is amended--
            (1) in subsections (a), (b), and (c), by striking 
        ``$25,000'' and inserting ``$50,000 (based on fiscal year 1998 
        constant dollars)''; and
            (2) in subsections (b) and (c), by striking ``$75,000'' and 
        inserting ``$150,000 (based on fiscal year 1998 constant 
        dollars)''.
    (b) Penalties for Certain Additional Violations.--Section 109 is 
amended--
            (1) in subsection (a)(1), by adding at the end the 
        following new subparagraphs:
                    ``(F) A violation of the requirements of section 
                110 (relating to employee protection).
                    ``(G) A violation of any restriction, limitation, 
                or control imposed under an institutional control 
                instrument in use at a facility.''; and
            (2) in subsections (b) and (c), by inserting after 
        paragraph (5) the following new paragraphs:
            ``(6) A violation of the requirements of section 110 
        (relating to employee protection).
            ``(7) A violation of any restriction, limitation, or 
        control imposed under an institutional control instrument in 
        use at a facility.''.

SEC. 1102. EMPLOYEE PROTECTION.

    Section 110(b) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9610(b)) is 
amended--
            (1) in the first sentence, by striking ``thirty days'' and 
        inserting ``6 months'';
            (2) in the third sentence, by striking ``such investigation 
        to be made as he deems appropriate.'' and inserting ``an 
        investigation to be made.''; and
            (3) in the sentence beginning with ``If he finds that such 
        violation did occur''--
                    (A) by inserting ``(1)'' before ``to take such 
                affirmative''; and
                    (B) by inserting before the period at the end the 
                following: ``, and (2) to pay such civil penalty under 
                section 109 as the Secretary deems appropriate''.

SEC. 1103. RADIOACTIVELY CONTAMINATED SITES.

    (a) Protectiveness of Cleanup Standards.--Section 121(b) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9621(b)), as amended by this Act, is further amended 
by adding at the end the following:
    ``(4) A remedial action that attains applicable or relevant and 
appropriate requirements shall be considered to be protective of human 
health and the environment unless the President determines that 
attainment of the requirements is not sufficiently protective, in which 
case the President shall establish additional requirements that will 
ensure that the remedial action will be protective of human health and 
the environment. For purposes of this paragraph, the President shall 
consider the decontamination regulations for site termination issued by 
the Nuclear Regulatory Commission on July 21, 1997, to not be 
sufficiently protective.''.
    (b) Revision to Definition of Federally Permitted Release.--Section 
101(10)(K) of such Act (42 U.S.C. 9601(10)(K)) is amended by inserting 
before the period at the end the following: ``, if such license, 
permit, regulation, or order adequately protects ground water''.
    (c) Coverage of NRC Licensees.--Section 120(a)(2) of such Act (42 
U.S.C. 9620(a)(2)) is amended--
            (1) in the heading, by striking out ``facilities.--'' and 
        inserting ``facilities and nrc licensees.--''; and
            (2) by adding at the end the following: ``The requirements 
        of this paragraph that apply to Federal facilities are also 
        applicable to facilities subject to licenses or decontamination 
        regulations for license termination issued by the Nuclear 
        Regulatory Commission under the Atomic Energy Act of 1954.''.
    (d) Taxation of Uranium Yellowcake and Uranium Dioxide.--
            (1) Imposition of tax.--Section 4661(b) of the Internal 
        Revenue Code of 1986 is amended by adding at the end of the 
        table the following:

        ``Uranium yellowcake......................              233.33 
        ``Uranium dioxide.........................           2222.22''.
            (2) Special rule.--Section 4662(b) of such Code is amended 
        by adding at the end the following new paragraph:
            ``(11) Uranium dioxide.--Under regulations prescribed by 
        the Secretary, uranium dioxide shall be treated as a taxable 
        chemical only if it is used as a fuel in a nuclear reactor 
        (and, for purposes of section 4661(a), the person so using it 
        shall be treated as the manufacturer thereof).''.
                                 <all>