[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3595 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3595

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 1998

 Mr. Manton (for himself, Mr. Dingell, Mr. Spratt, Mr. Hall of Texas, 
 Mr. Boucher, Mr. Klink, Mr. Stupak, Mr. Gordon, Mr. Rush, Mr. Sawyer, 
   Ms. McCarthy of Missouri, Mr. Strickland, Mr. Brown of Ohio, Mr. 
 Deutsch, Ms. Eshoo, Ms. Furse, Mr. Waxman, Mr. Markey, Mr. Wynn, Mr. 
Green, Ms. DeGette, Mr. Towns, Mr. Engel, Mr. Hinchey, Mrs. Lowey, Mr. 
  Meeks of New York, Mrs. McCarthy of New York, Mr. Ackerman, and Mr. 
  Kanjorski) introduced the following bill; which was referred to the 
 Committee on Commerce, and in addition to the Committees on Ways and 
   Means, and Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To 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 ``Superfund Improvement Act of 1998''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
       TITLE I--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

  Subtitle A--Innocent Landowners and Prospective Purchaser Liability

Sec. 101. Innocent landowners.
Sec. 102. Limitations on liability for response costs for prospective 
                            purchasers.
Sec. 103. Contiguous or nearby properties.
      Subtitle B--Brownfield Remediation and Environmental Cleanup

Sec. 111. Brownfields title.
Sec. 112. Expenditures from Superfund.
             Subtitle C--State Voluntary Response Programs

Sec. 121. State voluntary response programs.
                          TITLE II--LIABILITY

Sec. 201. Liability exemptions and limitations.
Sec. 202. Scope of rulemaking authority.
Sec. 203. Extension relating to sureties.
Sec. 204. Expedited final settlements.
Sec. 205. Information gathering and access.
Sec. 206. Compliance with administrative orders.
Sec. 207. Civil proceedings.
Sec. 208. Settlement negotiations and allocation of responsibility for 
                            certain facilities.
Sec. 209. Enhancement of settlement authorities.
Sec. 210. Recycling transactions.
Sec. 211. Definitions.
                           TITLE III--REMEDY

Sec. 301. Amendments relating to selection of remedial action.
Sec. 302. Authorities for institutional controls.
Sec. 303. Removal actions.
           TITLE IV--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

Sec. 401. Definitions.
Sec. 402. Public participation.
Sec. 403. Waste site information offices.
Sec. 404. Community advisory groups.
Sec. 405. Technical outreach services for communities.
Sec. 406. Recruitment and training program.
Sec. 407. Facility scoring.
                        Subtitle B--Human Health

Sec. 411. Disease registry and health care providers.
Sec. 412. Substance profiles.
Sec. 413. Health studies.
Sec. 414. Grant awards, contracts, and community assistance activities.
Sec. 415. Indian health provisions.
Sec. 416. Public health recommendations in remedial actions.
                     Subtitle C--General Provisions

Sec. 421. Transition.
                   TITLE V--NATURAL RESOURCE DAMAGES

Sec. 501. Statute of limitations.
Sec. 502. Coordination with remedy and coordination among trustees.
Sec. 503. Use of recovered sums.
Sec. 504. Use of Superfund for natural resource damage assessments.
                      TITLE VI--FEDERAL FACILITIES

Sec. 601. Federal entities and facilities.
Sec. 602. Adjoining States.
Sec. 603. Enforceability of Federal compliance agreements.
Sec. 604. Requirements relating to property transferred by Federal 
                            agencies.
Sec. 605. Innovative technologies for remedial action at Federal 
                            facilities.
                         TITLE VII--STATE ROLES

Sec. 701. Delegation of authority to States.
Sec. 702. State cost share.
Sec. 703. Conforming and miscellaneous amendments.
Sec. 704. State role at Federal facilities.
                          TITLE VIII--FUNDING

Sec. 801. Authorization of appropriations.
Sec. 802. Orphan share funding.
Sec. 803. Agency for Toxic Substances and Disease Registry.
Sec. 804. Limitations on research, development, and demonstration 
                            programs.
Sec. 805. Authorization of appropriations from general revenues.
Sec. 806. Additional limitations.
Sec. 807. Uses of the fund.
Sec. 808. Worker training and education grants.
                        TITLE IX--MISCELLANEOUS

Sec. 901. Small business ombudsman.
Sec. 902. Consideration of local government cleanup priorities.
Sec. 903. Report and oversight requirements.
Sec. 904. Reimbursement to State and local governments.
       TITLE X--5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND

Sec. 1001. Extension of Hazardous Substance Superfund.

       TITLE I--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

  Subtitle A--Innocent Landowners and Prospective Purchaser Liability

SEC. 101. 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, 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. 102. 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) is amended by adding at the end the 
following:
            ``(39) 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 
        Superfund Improvement 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. 103. 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--
            ``(A) 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;
            ``(B) did not cause or contribute or consent to the release 
        or threatened release;
            ``(C) 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; and
            ``(D) 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.
    ``(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 B--Brownfield Remediation and Environmental Cleanup

SEC. 111. BROWNFIELDS TITLE.

    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 new title:

      ``TITLE V--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP

``SEC. 501. DEFINITIONS.

    For purposes of this title, the following definitions apply:
            ``(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 AND ASSESSMENT GRANT PROGRAM.

    ``(a) In General.--The Administrator shall establish a program to 
award grants to local governments to inventory brownfield sites and to 
conduct site assessments of brownfield sites.
    ``(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 
                and conduct site assessments.
                    ``(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.
                    ``(E) 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.
                    ``(F) 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.
                    ``(G) 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--
                            ``(i) consider the need of the local 
                        government for financial assistance to carry 
                        out this section;
                            ``(ii) consider the ability of the 
                        applicant to carry out an inventory and site 
                        assessment under this section; and
                            ``(iii) consider such other factors as the 
                        Administrator considers relevant to carry out 
                        this section.
                    ``(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; and
                            ``(ii) 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 and site 
        assessment of one or more brownfield sites shall not exceed 
        $200,000.
            ``(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 at the request of a local 
        government 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) Training and Technical Assistance.--The Administrator may 
provide training and technical assistance to community groups, as 
appropriate, to inventory brownfield sites and conduct site assessments 
of brownfield sites, which may include associated rivers and streams.

``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.
            ``(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 bona fide prospective purchaser 
        of a brownfield site (including a local government) 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, 
                which may include associated rivers or streams or mine-
                scarred land.
                    ``(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 title.
                            ``(ii) Provisions that--
                                    ``(I) ensure that the grant 
                                applicant has the ability to monitor 
                                the use of funds provided to loan 
                                recipients under this title;
                                    ``(II) ensure that any cleanup 
                                conducted by the applicant is 
                                protective of human health and the 
                                environment; and
                                    ``(III) ensure that 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.
            ``(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 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; and
                    ``(I) 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.
            ``(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 title.
            ``(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 title 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.
                    ``(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 subject to the lien is 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 
subject to the lien is 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.
    ``(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.

``SEC. 504. REPORTS.

    ``(a) In General.--Not later than one year after the date of 
enactment of this title, 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 
title 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 title, 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--
            ``(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 included, or proposed for inclusion, 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) title I of this Act;
                    ``(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; and
            ``(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) Fines and Cost-Sharing.--A grant made under this title 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 title. 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 title.
            ``(2) Responsibility for cleanup action.--Funds made 
        available under this title 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 title changes, modifies, or otherwise affects the 
liability of any person or the obligations imposed or authorities 
provided under any other law or regulation, including--
            ``(1) title I of this Act;
            ``(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
        seq.);
            ``(3) the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.);
            ``(4) the Toxic Substances Control Act (15 U.S.C. 2601 et 
        seq.); and
            ``(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

``SEC. 507. REGULATIONS.

    ``(a) In General.--The Administrator may issue such regulations as 
are necessary to carry out this title.
    ``(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 title.

``SEC. 508. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) Site Assessment Program.--To carry out section 502, there is 
authorized to be appropriated from the Hazardous Substance Superfund 
established under section 9507 of the Internal Revenue Code of 1986 
$25,000,000 for each of fiscal years 1999 through 2003.
    ``(b) Grants for Revolving Loan Programs.--To carry out section 
503, there is authorized to be appropriated from the Hazardous 
Substance Superfund established under section 9507 of the Internal 
Revenue Code of 1986 $65,000,000 for each of fiscal years 1998 through 
2003.''.

SEC. 112. EXPENDITURES FROM SUPERFUND.

    Section 111(c) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9611(c)) is amended 
by adding at the end the following new paragraphs:
            ``(15) Site assessment program.--Costs of carrying out 
        section 502, as authorized under that section.
            ``(16) Grants for revolving loan programs.--Costs of 
        carrying out section 503, as authorized under that section.''.

             Subtitle C--State Voluntary Response Programs

SEC. 121. STATE VOLUNTARY RESPONSE PROGRAMS.

    (a) State Voluntary Response Programs.--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 new section:

``SEC. 127. STATE VOLUNTARY RESPONSE PROGRAMS.

    ``(a) Purposes and Objectives.--The purposes and objectives of this 
section are--
            ``(1) to significantly increase the pace of response 
        activities at contaminated sites by promoting and encouraging 
        the creation, development, and enhancement of State voluntary 
        response programs; and
            ``(2) to benefit the public health, welfare, and the 
        environment by cleaning up and returning contaminated sites to 
        economically productive or other beneficial uses.
    ``(b) Assistance to States.--The Administrator shall provide 
technical, financial, and other assistance to States to establish and 
enhance voluntary response programs. The Administrator shall encourage 
the States to develop risk sharing pools, indemnity pools, or insurance 
mechanisms to provide financing for response actions under their 
voluntary response programs.
    ``(c) Limitation on Federal Authority To List on National 
Priorities List.--Except as provided in subsection (e), the President 
shall not list on the National Priorities List the portion of a 
facility subject to a response action plan approved under a State 
program qualified under subsection (i)--
            ``(1) while substantial and continuous voluntary response 
        activities are being conducted in compliance with the plan at 
        that portion of the facility; or
            ``(2) after response activities conducted in compliance 
        with the plan at that portion of the facility have been 
        certified by the State as complete.
    ``(d) Limitation on Federal Authority To Recover Costs.--(1) Except 
as provided in subsection (e), if substantial and continuous voluntary 
response activities are being conducted at a voluntary response action 
site in compliance with a response action plan approved under a State 
program qualified under subsection (i) or if response activities 
conducted at such a site in compliance with the plan have been 
certified by the State as complete, then no person shall be liable to 
the Administrator under section 107(a) for response costs incurred with 
respect to a release or substantial threat of release of a hazardous 
substance addressed by the response action plan unless one or more of 
the following conditions is met:
            ``(A) The Administrator determines that the release or 
        threat of release may present an imminent and substantial 
        danger to the public health or welfare or the environment.
            ``(B) The State requests the Administrator to take action.
            ``(C) Conditions at the site that were unknown to the State 
        at the time the response action plan was approved by the State 
        are discovered, and such conditions indicate, as determined by 
        the Administrator or the State, that the response action is not 
        protective of human health or the environment.
            ``(D) The cleanup of the site under the response action 
        plan of the State program is no longer protective of human 
        health or the environment, as determined by the Administrator 
        or the State, because of a change or a proposed change in the 
        use of the site.
    ``(2) For purposes of this subsection, the term `voluntary response 
action site' means a site subject to a response action plan under a 
State program qualified under subsection (i).
    ``(3) Nothing in this subsection shall preclude the Administrator 
from recovering costs incurred by the Administrator at a site before 
State approval of a response action plan for that site.
    ``(e) Facilities Ineligible for Limitations.--(1) The limitations 
on Federal authority provided under subsections (c) and (d) do not 
apply to any of the following facilities:
            ``(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 
        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 included, or proposed for inclusion, on 
        the National Priorities List maintained by the President under 
        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) this Act;
                    ``(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 and pursuant to an agreement with the State 
concerned, apply the limitations on authority provided under 
subsections (c) and (d) to 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).
    ``(f) EPA Assistance to States for State Voluntary Response 
Programs.--The Administrator shall assist States to establish and 
administer State voluntary response programs that--
            ``(1) provide voluntary response actions that ensure 
        adequate site assessment and are protective of human health and 
        the environment;
            ``(2) provide opportunities for technical assistance 
        (including grants) for voluntary response actions;
            ``(3) provide meaningful opportunities for public 
        participation on issues that affect the community, which shall 
        include prior notice and opportunity for comment in the 
        selection of response actions and which may include involvement 
        of State and local health officials during site assessment;
            ``(4) provide streamlined procedures to ensure expeditious 
        voluntary response actions;
            ``(5) provide adequate oversight, enforcement authorities, 
        resources, and practices--
                    ``(A) to ensure that voluntary response actions are 
                protective of human health and the environment, as 
                provided in paragraph (1), and are conducted in a 
                timely manner in accordance with a State-approved 
                response action plan;
                    ``(B) to ensure completion of response actions if 
                the person conducting the response action fails or 
                refuses to complete the necessary response activities 
                that are protective of human health and the 
                environment, including operation and maintenance or 
                long-term monitoring activities;
            ``(6) provide mechanisms for the approval of a response 
        action plan; and
            ``(7) provide mechanisms for a certification or similar 
        documentation to the person who conducted the response action 
        indicating that the response is complete.
    ``(g) Financial Assistance for Development and Enhancement of State 
Voluntary Response Programs and Reporting Requirement.--
            ``(1) Public record.--To assist the Administrator in 
        determining the needs of States for assistance under this 
        section, the Administrator shall encourage the States to 
        maintain a public record of facilities, by name and location, 
        that have been or are planned to be addressed under a State 
        voluntary response program.
            ``(2) Reporting requirement.--Each State receiving 
        financial assistance under this section shall submit to the 
        Administrator a report at the end of each calendar year on the 
        progress of its voluntary response program, which shall include 
        the following information with respect to that calendar year:
                    ``(A) The number of sites, if any, undergoing 
                voluntary cleanup, with the number of sites in each 
                stage of such cleanup set forth separately.
                    ``(B) The number of sites, if any, entering 
                voluntary cleanup.
                    ``(C) The number of sites, if any, that received a 
                certification from the State indicating that a response 
                action is complete.
    ``(h) EPA Review of State Programs.--At any time after the date of 
enactment of this section, a State may submit, for review by the 
Administrator, documentation that the State considers appropriate to 
describe a State voluntary response program, together with a 
certification that the program is consistent with the elements set 
forth in subsection (f), and, if such program is developed by 
administrative action or regulation, documentation of public comment 
and State response to comment on the adequacy of the State voluntary 
response program.
    ``(i) Qualification of State Program.--
            ``(1) Approval or disapproval.--(A) The Administrator shall 
        approve a State voluntary response program submitted under 
        subsection (h) within 180 days after the Administrator receives 
        documentation and certification under subsection (h) if the 
        Administrator determines that the State's submission is 
        consistent with the elements set forth in subsection (f). A 
        program so approved by the Administrator shall be considered a 
        qualified program under this Act.
            ``(B) The Administrator shall publish in the Federal 
        Register the reasons for the approval or disapproval of any 
        such program.
            ``(C) If the Administrator needs additional information 
        under subparagraph (A)(ii), the 180-day time period referred to 
        in subparagraph (A) shall be extended until such date as the 
        Administrator is satisfied that enough additional information 
        has been obtained in order to make a determination.
            ``(2) Withdrawal of qualification.--Whenever the 
        Administrator determines that a State is not administering and 
        enforcing a qualified program in accordance with subsection 
        (f), the Administrator shall notify the State in writing of 
        such determination. If appropriate corrective action is not 
        taken by the State within 120 days after receipt of the notice, 
        the Administrator shall propose to withdraw approval of the 
        program and publish a notice of such proposed withdrawal in the 
        Federal Register. The Administrator shall not withdraw approval 
        of any such program unless the Administrator provides to the 
        State in writing and publishes in the Federal Register the 
        reasons for such withdrawal. If the State subsequently 
        completes the necessary corrective measures as determined by 
        the Administrator, the Administrator shall reinstate the 
        program as a qualified program under this section.
    ``(j) Effect of Response.--Performance of a voluntary response 
action pursuant to this section shall not constitute an admission of 
liability under any Federal, State, or local law or regulation or in 
any citizens suit or other private action.
    ``(k) Compliance With NCP.--Solely for the purpose of private cost 
recovery and contribution claims under this Act, response actions 
conducted pursuant to a qualified program shall be presumed to be 
consistent with the National Contingency Plan.
    ``(l) Annual Reporting.--
            ``(1) Reports by state.--Each State with a qualified 
        program under this section shall submit to the Administrator a 
        report at the end of each calendar year on the status of its 
        program. Each such report shall include a statement regarding 
        whether the program continues to be consistent with the 
        elements set forth in subsection (f).
            ``(2) Report by administrator.--The Administrator shall 
        report, not later than two years after the enactment of this 
        section, and annually thereafter, to the Congress on the status 
        of State voluntary response programs. The report shall include 
        an analysis of whether qualified State voluntary response 
        action programs continue to be consistent with the elements set 
        forth in subsection (f).
    ``(m) Effect on Existing State Programs.--This section is not 
intended to impose any requirement on any State voluntary response 
program, including a program existing on or before the date of the 
enactment of the Superfund Improvement Act of 1998. A program shall not 
be considered to be a qualified program under this Act unless the 
program is approved in accordance with this section.
    ``(n) Effect on Agreements Between State and EPA.--This section is 
not intended to modify or otherwise affect a memorandum of agreement, 
or a cooperative agreement, relating to Superfund between a State 
agency and the Environmental Protection Agency in effect on or before 
the date of the enactment of the Superfund Improvement Act of 1998. 
Such an agreement shall remain in effect, subject to the terms of the 
agreement. This section is not intended to restrict or limit the 
President's discretionary authority to enter into or modify an 
agreement with a State or other person relating to the President's 
implementation of statutory authorities.
    ``(o) Effect on Other Laws.--Except as provided in subsections (c) 
and (d), this section does not change, modify, or otherwise affect the 
liability of any person or the obligations imposed or authorities 
provided under any law or regulation, including this Act, the Solid 
Waste Disposal Act, the Federal Water Pollution Control Act, the Toxic 
Substances Control Act, and title XIV of the Public Health Service Act 
(the Safe Drinking Water Act).
    ``(p) Relationship to Innocent Landowner and Prospective 
Purchaser.--(1) The successful completion of a response action at a 
facility pursuant to a response action plan approved under a qualified 
program under this section shall be evidence to be considered for 
purposes of section 107(o)(3)(B) and section 101(39)(D).
    ``(2) Nothing in this section shall be construed to require any 
person to participate in a qualified voluntary response program under 
this section or in any other voluntary response program in order to 
qualify as an innocent landowner or bona fide prospective purchaser for 
purposes of subsections (o) and (p) of section 107.
    ``(q) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated from the Hazardous Substance 
Superfund established under section 9507 of the Internal Revenue Code 
of 1986 $15,000,000 for each of fiscal years 1999 through 2003.''.
    (b) Expenditures From Superfund.--Section 111(c) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9611(c)) is further amended by adding at the end the 
following new paragraph:
            ``(17) Assistance to states to develop or enhance state 
        voluntary response programs.--Costs under section 127, as 
        authorized under subsection (q) of that section.''.

                          TITLE II--LIABILITY

SEC. 201. LIABILITY EXEMPTIONS AND LIMITATIONS.

    (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 I, is further amended by adding at 
the end the following new subsection:
    ``(s) Liability Exemptions.--
            ``(1) Small business exemption.--
                    ``(A) In general.--Notwithstanding paragraphs (1) 
                through (4) of subsection (a), a person shall not be 
                liable for response costs or response actions under 
                this Act with respect to a facility on the National 
                Priorities List if liability is based solely on 
                paragraph (3) or (4) of subsection (a), and the person 
                can demonstrate that--
                            ``(i) the person is a business that, 
                        including its parents, subsidiaries, and other 
                        affiliates, during each of the 3 taxable years 
                        preceding the date of transmittal of 
                        notification that the business is a potentially 
                        responsible party--
                                    ``(I) had annual gross revenues of 
                                no more than $3,000,000, as reported to 
                                the Internal Revenue Service; and
                                    ``(II) employed no more than 50 
                                individuals; and
                            ``(ii) the acts upon which liability is 
                        based took place wholly before the date of 
                        enactment of this paragraph.
                    ``(B) Definition of affiliate.--For purposes of 
                this paragraph, 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 under the Small Business Act 
                (15 U.S.C. 631 et seq.).
                    ``(C) Exceptions.--The exemption pursuant to 
                subparagraph (A) shall not apply in a case in which the 
                President, in his sole discretion, determines that--
                            ``(i) the materials containing hazardous 
                        substances 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, have contributed 
                        significantly or could contribute 
                        significantly, either individually or in the 
                        aggregate, to the cost of the response action 
                        or natural resource restoration with respect to 
                        the facility; or
                            ``(ii) the person has failed to comply 
                        fully and completely with information requests, 
                        administrative subpoenas, or discovery requests 
                        issued by the President or has impeded or is 
                        impeding, through action or inaction, the 
                        performance of a response action or natural 
                        resource restoration with respect to the 
                        facility.
                    ``(D) Preservation of certain claims.--The 
                exemption under this paragraph shall not apply with 
                respect to a contribution claim by any party arising 
                out of an obligation assumed by the party in a 
                settlement with the United States or a State under this 
                Act entered into by such party as of the date of 
                enactment of this paragraph. Such contribution claims 
                shall be subject to subparagraphs (E) and (F).
                    ``(E) Moratorium on commencement or continuation of 
                suits.--
                            ``(i) Moratorium.--No person may commence a 
                        civil action for a contribution claim preserved 
                        under subparagraph (D) until the date that is 
                        the earliest of--
                                    ``(I) in the event that no request 
                                for a settlement is made to the United 
                                States under subparagraph (F)(ii), 90 
                                days after the small business receives 
                                notice under subparagraph (F)(i);
                                    ``(II) the date of receipt of 
                                notice of the conclusion of settlement 
                                negotiations under subparagraph 
                                (F)(vii); or
                                    ``(III) 2 years after the date of 
                                enactment of this paragraph.
                            ``(ii) Statute of limitations.--Any 
                        applicable limitations period with respect to a 
                        contribution claim preserved under subparagraph 
                        (D) shall be tolled from the date of enactment 
                        of this paragraph until the end of the 
                        moratorium period under clause (i) of this 
                        subparagraph.
                            ``(iii) Stay of existing actions.--If a 
                        contribution claim preserved under subparagraph 
                        (D) is pending on the date of enactment of this 
paragraph, the action or claim shall be stayed for a period of no less 
than 180 days for the purpose of permitting the small business to 
negotiate a settlement with the United States pursuant to subparagraph 
(F), unless the court determines that the stay will result in manifest 
injustice.
                    ``(F) Settlement process.--
                            ``(i) Notice of claim.--Any party that 
                        intends to file a contribution claim that is 
                        preserved under subparagraph (D) shall, within 
                        1 year after the date of enactment of this 
                        paragraph, notify the small business with 
                        respect to such claim in writing of such intent 
                        and shall provide such person with information 
                        concerning all of the available evidence that 
                        indicates that each element of liability 
                        contained in subsection (a) is present, with a 
                        copy to the Administrator. The preservation of 
                        contribution claims provided in subparagraph 
                        (D) shall not apply to any claim for which the 
                        notice required under this paragraph has not 
                        been provided within 1 year after the date of 
                        enactment of this subsection.
                            ``(ii) Notice to united states.--A person 
                        that receives notice under clause (i) and that 
                        desires to enter into a settlement under this 
                        subparagraph shall make a written request to 
                        the United States requesting such a settlement 
                        within 90 days after the receipt of such 
                        notice. If no such request is made within the 
                        period provided in this clause, the moratorium 
                        provided in subparagraph (E)(i) shall cease.
                            ``(iii) Settlement negotiations.--Following 
                        receipt of notice under clause (ii), the United 
                        States shall offer a settlement to the small 
                        business on terms that take into account all 
                        relevant factors, including the ability of the 
                        small business to finance a settlement.
                            ``(iv) Settlement procedures.--Settlements 
                        under this section shall be subject to 
                        paragraphs (2) through (4) of section 122(g).
                            ``(v) Effect of settlement.--A small 
                        business that has resolved its liability in a 
                        settlement under this paragraph shall not be 
                        liable under this Act to any other person 
                        (including liability for contribution) with 
                        respect to the facility.
                            ``(vi) Terms of settlement.--The President 
                        shall have authority to enter into settlements 
                        under this paragraph that include terms 
                        providing for the disposition of the proceeds 
                        of such settlement in a manner that is fair and 
                        reasonable, including, where appropriate, the 
                        placement of settlement proceeds in interest-
                        bearing accounts to conduct or enable other 
                        persons to conduct response actions, or other 
                        dispositions for the benefit of persons whose 
                        claims are extinguished by operation of clause 
                        (v).
                            ``(vii) Failure of negotiations.--In the 
                        event that the President determines that a 
                        settlement with the small business under this 
                        paragraph cannot be reached, the Environmental 
                        Protection Agency shall give written notice of 
                        the conclusion of negotiations to the small 
                        business, to any party that provided notice 
                        under clause (ii), and to any plaintiff in an 
                        action stayed under subparagraph (E)(iii).
            ``(2) De micromis exemption.--
                    ``(A) In general.--Notwithstanding paragraphs (1) 
                through (4) of subsection (a), a person shall not be 
                liable under this Act if liability is based solely on 
                paragraph (3) or (4) of subsection (a), and the person 
                can demonstrate that the total amount of the material 
                containing hazardous substances 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 110 gallons of liquid 
                materials or less than 200 pounds of solid materials 
                (or such greater or lesser amounts as the Administrator 
                may determine by regulation).
                    ``(B) Exceptions.--The exemption pursuant to 
                subparagraph (A) shall not apply in a case in which--
                            ``(i) all or part of the disposal or 
                        treatment concerned occurred after December 31, 
                        1997; or
                            ``(ii) the President, in his sole 
                        discretion, determines that--
                                    ``(I) the materials containing 
                                hazardous substances referred to in 
                                subparagraph (A) have contributed 
                                significantly or could contribute 
                                significantly, either individually or 
                                in the aggregate, to the cost of the 
                                response action or natural resource 
                                restoration with respect to the 
                                facility; or
                                    ``(II) the person has failed to 
                                comply fully and completely with 
                                information requests, administrative 
                                subpoenas, or discovery requests issued 
                                by the President or has impeded or is 
                                impeding, through action or inaction, 
                                the performance of a response action or 
                                natural resource restoration with 
                                respect to the facility.
            ``(3) Municipal solid waste exemption.--
                    ``(A) In general.--Notwithstanding paragraphs (1) 
                through (4) of subsection (a), a person shall not be 
                liable under this Act to the extent that--
                            ``(i) liability is based solely on 
                        paragraph (3) or (4) of subsection (a);
                            ``(ii) the person can demonstrate that it 
                        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, municipal solid waste; 
                        and
                            ``(iii) 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 business entity that, 
                                including its parents, subsidiaries, 
                                and other affiliates, during the tax 
                                year of the entity preceding the date 
                                of transmittal to the entity of written 
                                notification from the President of its 
                                potential liability under this Act, 
                                employed no more than 100 individuals 
                                and is a `small business concern' as 
                                defined under the Small Business Act 
                                (15 U.S.C. 631 et seq.); or
                                    ``(III) a small nonprofit 
                                organization where the particular 
                                chapter, office, or department 
                                employing fewer than 100 individuals 
                                was the location from which all of the 
                                municipal solid waste attributable to 
                                such organization with respect to the 
                                facility was generated.
                For purposes of this paragraph, 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.).
                    ``(B) Exception.--The exemption pursuant to 
                subparagraph (A) shall not apply in a case in which the 
                President determines that--
                            ``(i) the person has failed to comply fully 
                        and completely with information requests, 
                        administrative subpoenas, or discovery requests 
                        issued by the President; or
                            ``(ii) the person has impeded or is 
                        impeding, through action or inaction, the 
                        performance of a response action or natural 
                        resource restoration with respect to the 
                        facility.
            ``(4) Inheritance or bequest exemption.--Notwithstanding 
        paragraphs (1) through (4) of subsection (a), a person shall 
        not be liable under this Act to the extent liability at such 
        facility is based solely on the person's status as owner under 
        subsection (a)(1) for a release or threat of release from the 
        facility, and the person acquired the facility by inheritance 
        or bequest, if the person--
                    ``(A) acquired the real property on which the 
                facility concerned is located after disposal or 
                placement of the hazardous substance took place;
                    ``(B) exercised appropriate care with respect to 
                hazardous substances found at the facility by taking 
                reasonable steps to--
                            ``(i) stop ongoing releases;
                            ``(ii) prevent any threatened future 
                        releases of hazardous substances; and
                            ``(iii) prevent or limit human or natural 
                        resource exposure to hazardous substances 
                        previously released into the environment; and
                    ``(C) provides full cooperation, assistance, and 
                facility access to persons authorized to conduct 
                response actions at the vessel or facility, including 
                the cooperation and access necessary for the assessment 
                of contamination and the installation, preservation of 
                integrity, operation, and maintenance of any complete 
                or partial response action at the vessel or facility.
            ``(5) Right-of-way or business license exemption.--
        Notwithstanding paragraphs (1) through (4) of subsection (a), a 
        Federal or State governmental entity or municipality shall not 
        be liable under this Act to the extent the liability of the 
        entity or municipality at such facility is based solely on 
        its--
                    ``(A) ownership of a road, street, or other right-
                of-way or public transportation route (other than 
                railroad rights-of-way and railroad property) over 
                which hazardous substances are transported; or
                    ``(B) granting of a license or permit to conduct 
                business.
            ``(6) Spur track exemption.--Notwithstanding paragraphs (1) 
        through (4) of subsection (a), a person that does not impede 
        the performance of a response action or natural resource 
restoration shall not be liable under this Act to the extent that 
liability is based solely on the status of the person as a railroad 
owner or operator of a spur track, including a spur track over land 
subject to an easement, to a facility that is owned or operated by a 
person that is not affiliated with the owner or operator if--
                    ``(A) the spur track provides access to a main line 
                or branch line track that is owned or operated by the 
                railroad;
                    ``(B) the spur track is 10 miles long or less;
                    ``(C) the railroad owner or operator does not cause 
                or contribute to a release or threatened release at the 
                spur track;
                    ``(D) the railroad owner or operator exercised 
                appropriate care with respect to hazardous substances 
                found at the facility by taking reasonable steps to--
                            ``(i) stop ongoing releases;
                            ``(ii) prevent any threatened future 
                        releases of hazardous substances; and
                            ``(iii) prevent or limit human or natural 
                        resource exposure to hazardous substances 
                        previously released into the environment; and
                    ``(E) the railroad owner or operator provides full 
                cooperation, assistance, and facility access to persons 
                authorized to conduct response actions at the vessel or 
                facility, including the cooperation and access 
                necessary for the assessment of contamination and the 
                installation, preservation of integrity, operation, and 
                maintenance of any complete or partial response action 
                at the vessel or facility.
            ``(7) Penalty for inappropriate lawsuits.--Any person who 
        commences an action after the date of enactment of this section 
        for recovery of response costs or in contribution against a 
        person who is not liable by operation of paragraph (1), (2), or 
        (3) shall be liable to that person for all reasonable costs of 
        defending that action, including all reasonable attorneys' fees 
        and expert witness fees.''.
    (b) Religious, Charitable, Scientific, or Educational 
Organization.--Section 107 of such Act (42 U.S.C. 9607) is further 
amended by adding at the end the following new subsection:
    ``(t) Religious, Charitable, Scientific, or Educational 
Organization.--
            ``(1) Limitation on liability.--In the event that an 
        organization described in section 101(20)(H) holds title to a 
        vessel or facility, either directly or in trust, as a result of 
        a charitable gift that is allowable as a deduction under 
        section 170, 2055, or 2522 of the Internal Revenue Code of 1986 
        (determined without regard to dollar limitations), the 
        organization's liability under subsection (a)(1) shall be 
        limited to the lesser of the fair market value of the vessel or 
        facility or the actual proceeds of the sale of the vessel or 
        facility received by the organization, subject to paragraph 
        (2).
            ``(2) Conditions.--In order for an organization described 
        in section 101(20)(H) to be eligible for the limited liability 
        described in paragraph (1), the organization shall--
                    ``(A) provide full cooperation, assistance, and 
                facility access to persons authorized to conduct 
                response actions at the vessel or facility, including 
                the cooperation and access necessary for the assessment 
                of contamination and the installation, preservation of 
                integrity, operation, and maintenance of any complete 
                or partial response action at the vessel or facility;
                    ``(B) establish by a preponderance of the evidence 
                that all active disposal of hazardous substances at the 
                facility or vessel occurred before the organization 
                acquired the vessel or facility;
                    ``(C) establish by a preponderance of the evidence 
                that the organization 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; and
                    ``(D) establish by a preponderance of the evidence 
                that the organization is not affiliated with any other 
                potentially liable person at the facility, through any 
                familial relationship, or any contractual, corporate, 
                or financial relationship other than that created by 
                the instrument by which title to the facility is 
                conveyed or financed.
            ``(3) Limitation.--Nothing in this subsection shall affect 
        the liability of any person, other than a person described in 
        section 101(20)(H), who meets the conditions specified in 
        paragraph (2).''.
    (c) Municipal Owners and Operators.--Section 107 of such Act (42 
U.S.C. 9607) is further amended by adding at the end the following new 
subsection:
    ``(u) Municipal Owners and Operators.--
            ``(1) In general.--A municipality that is liable for 
        response costs under paragraph (1) or (2) of subsection (a) on 
        the basis of ownership or operation of a municipal landfill 
        that is listed on the National Priorities List on or before 
        October 1, 1997 (as identified by the President), shall be 
        eligible for a settlement under this subsection.
            ``(2) Settlement amount.--(A) The President shall offer a 
        settlement to a party with respect to such liability on the 
        basis of a payment or other obligation equivalent in value to 
        no more than 20 percent of the total response costs in 
        connection with the facility. The President may increase this 
        percentage to no more than 35 percent of the total response 
        costs in connection with the facility if the President 
        determines--
                    ``(i) the municipality exacerbated environmental 
                contamination or exposure with respect to the facility; 
                or
                    ``(ii) the municipality, during the period of 
                ownership or operation of the facility, received 
                operating revenues substantially in excess of the sum 
                of the waste system operating costs plus 20 percent of 
                total estimated response costs in connection with the 
                facility.
            ``(B) Such a settlement shall pertain to only the party's 
        liability under paragraph (1) or (2) of subsection (a).
            ``(3) Performance of response actions.--Subject to the 
        limitations of paragraph (2), the President may require, as a 
        condition of a settlement with a municipality under this 
        subsection, that the municipality perform, or participate in 
        the performance of, the response actions at the site.
            ``(4) Joint ownership or operation.--A combination of 2 or 
        more municipalities that jointly owned or operated the facility 
        at the same time or during continuous operations under 
        municipal control, shall be considered a single owner/operator 
        for the purpose of calculating a settlement offer pursuant to 
        this subsection.
            ``(5) Waiver of claims.--The President may require, as a 
        condition of a settlement under this subsection, that the 
        municipality waive some or all of the claims or causes of 
        action that such municipality may have against other 
        potentially responsible parties relating to the site, including 
        claims for contribution under section 113.
            ``(6) Conditions.--In order for a municipality to be 
        eligible for the limited liability described in this 
        subsection, the acts or omissions giving rise to liability must 
        have occurred before a date 2 years after the date of enactment 
        of this Act, or the municipality asserting the limitation must 
        institute or participate in a qualified household hazardous 
        waste disposal program before a date 2 years after the date of 
        enactment of this Act.
            ``(7) Exceptions.--The President may decline to offer a 
        settlement under this subsection where the President 
        determines--
                    ``(A) there is only municipal solid waste or sewage 
                sludge at the facility;
                    ``(B) all other identified potentially responsible 
                parties are insolvent, defunct, or eligible for a 
                settlement under this subsection or under section 
                122(g);
                    ``(C) the municipality has failed to comply fully 
                and completely with information requests, 
                administrative subpoenas, or discovery requests issued 
                by the United States; or
                    ``(D) the municipality has impeded or is impeding, 
                through action or inaction, the performance of a 
                response action or a natural resource restoration with 
                respect to the facility.
            ``(8) Expiration of offer.--The President's obligation to 
        offer a settlement under this section shall expire if the 
        municipality to which the offer is made fails to accept such an 
        offer within a reasonable time period.''.
    (d) Relationship to Liability Under Other Laws.--Section 107 of 
such Act (42 U.S.C. 9607) is further amended by adding at the end the 
following new subsection:
    ``(v) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect a person's liability under any other Federal, 
State, or local statute or regulation promulgated pursuant to any such 
statute, including any obligation to comply with the requirements 
promulgated by the Administrator under the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.).''.
    (e) Clarification of Common Carrier Liability.--Section 107(b)(3) 
of such Act (42 U.S.C. 9607(b)(3)) is amended by striking out ``from a 
published tariff and acceptance for'' and inserting ``exclusively from 
a contract for''.
    (f) Miscellaneous Amendments.--(1) Section 107 of such Act (42 
U.S.C. 9607) is further amended as follows:
            (A) Subsection (a)(1) is amended by striking ``and'' and 
        inserting ``or''.
            (B) Subsection (a)(2) is amended by inserting ``vessel or'' 
        before ``facility''.
            (C) Subsection (c)(3) is amended in the first sentence by 
        striking ``such person may be liable'' and all that follows 
        through the end of the sentence and inserting the following: 
        ``such person is liable to the United States for any response 
        costs incurred by the United States as a result of such failure 
        to take proper action and may be liable to the United States 
        for punitive damages in an amount up to three times the amount 
        of such response costs.''.
    (2) Section 101(35)(A) of such Act (42 U.S.C. 9601(35)(A)) is 
amended--
            (A) by striking clause (iii); and
            (B) by striking ``clause (i), (ii), or (iii)'' and 
        inserting ``the following clauses''.

SEC. 202. SCOPE OF RULEMAKING AUTHORITY.

    Section 115 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended to 
read as follows:

``SEC. 115. PRESIDENTIAL DELEGATION AND ASSIGNMENT OF DUTIES OR POWERS 
              AND PROMULGATION OF REGULATIONS.

    ``The President (or the Administrator where applicable) is 
authorized to promulgate such regulations as the President (or the 
Administrator where applicable) deems necessary to carry out the 
provisions of this Act, and to delegate and assign any duties or powers 
imposed upon or assigned to him by this Act, including the authority to 
promulgate regulations. The preceding sentence includes authority to 
clarify or interpret all terms and to implement any provision of this 
Act.''.

SEC. 203. EXTENSION RELATING TO SURETIES.

    Section 119 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9619) is amended--
            (1) in subsection (e)(2)(C), by striking ``and before 
        January 1, 1996,''; and
            (2) in subsection (g)(5), by striking ``, or after December 
        31, 1995''.

SEC. 204. EXPEDITED FINAL SETTLEMENTS.

    (a) Parties Eligible for Expedited Final Settlements.--Section 
122(g) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9622(g)) is amended--
            (1) by striking the subsection heading and all that follows 
        through the end of subparagraph (A) of paragraph (1) and 
        inserting the following:
    ``(g) Expedited Final Settlement.--
            ``(1) Parties eligible for expedited settlement.--The 
        President shall, as expeditiously as practicable, offer to 
        reach a final administrative or judicial settlement with any 
        potentially responsible party that, in the judgment of the 
        President, meets 1 or more of the following conditions for 
        eligibility for an expedited settlement:
                    ``(A) De minimis contribution.--The person's 
                liability is based on paragraph (3) or (4) of section 
                107(a) and the person's individual contribution of 
                hazardous substances at the facility is de minimis. For 
                purposes of this subparagraph, the contribution of 
                hazardous substances to a facility by a potentially 
                responsible party is de minimis if the President 
                determines that both of the following conditions are 
                met:
                            ``(i) The amount of materials containing 
                        hazardous substances contributed by that person 
                        to the facility is minimal in comparison to the 
                        total amount of materials containing hazardous 
                        substances at the facility. Such individual 
                        contribution is presumed to be minimal if it is 
                        1 percent or less of the total amount of 
                        materials containing hazardous substances at 
                        the facility, unless the Administrator 
                        identifies a different threshold based on site-
                        specific factors.
                            ``(ii) The materials containing hazardous 
                        substances contributed by the person do not 
                        present toxic or other hazardous effects that 
                        are significantly greater than those of other 
                        materials containing hazardous substances at 
                        the facility.'';
            (2) by inserting into subparagraph (B) the following 
        heading before the first sentence: ``Owners of real property.--
        ''; and
            (3) by inserting after subparagraph (B) of paragraph (1) 
        the following:
                    ``(C) Contribution of municipal solid waste and 
                sewage sludge.--
                            ``(i) In general.--The potentially 
                        responsible party's liability for response 
                        costs is based on paragraph (3) or (4) of 
                        section 107(a), and the person can demonstrate 
                        that it 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, municipal 
                        solid waste or sewage sludge at a facility 
                        listed on the National Priorities List.
                            ``(ii) Settlement amount.--To the extent 
                        that liability is based on municipal solid 
                        waste or sewage sludge, the President shall 
                        offer a settlement to such a party under this 
                        subparagraph on the basis of a payment of $5.30 
                        per ton of municipal solid waste or sewage 
                        sludge that the President estimates is 
                        attributable to such party. Where the party has 
                        been forthcoming with requested information, 
                        but the information is nonetheless incomplete, 
                        the President shall estimate the party's 
                        quantity of municipal solid waste or sewage 
                        sludge by incorporating reasonable assumptions 
                        based on relevant information, such as census 
                        data and national per capita solid waste 
                        generation information. Such a settlement shall 
                        pertain only to the party's liability with 
                        respect to municipal solid waste or sewage 
                        sludge under paragraph (3) or (4) of section 
                        107.
                            ``(iii) Conditions.--In order for a 
                        municipality to be eligible for the settlement 
                        described in this subparagraph (C), the acts or 
                        omissions giving rise to liability must have 
                        occurred before a date 2 years after the date 
                        of enactment of this subparagraph, or the 
                        municipality asserting the limitation must 
                        institute or participate in a qualified 
                        household hazardous waste disposal program 
                        before a date 2 years after the date of 
                        enactment of this subparagraph.
                            ``(iv) Exclusion of certain facilities.--A 
                        potentially responsible party described in 
                        clause (i) shall not be eligible for a 
                        settlement described in this subparagraph if 
                        the facility at which the disposal or treatment 
                        occurred contains only municipal solid waste or 
                        sewage sludge.
                            ``(v) Exception for certain sewage 
                        sludge.--The President may decline to offer a 
                        settlement under this subsection to a person 
                        that 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, sewage 
                        sludge, if the President determines that the 
                        sewage sludge contributed or could contribute 
                        significantly to the cost of response.
                            ``(vi) Adjustment for inflation.--The 
                        settlement rate per ton of municipal solid 
                        waste or sewage sludge under this subparagraph 
                        (C) shall be adjusted annually for inflation. 
                        Such adjustments shall take effect on July 1 of 
                        each year after the enactment of this 
                        subparagraph. The inflation adjustment shall be 
                        determined by increasing the settlement rate 
                        per ton of municipal solid waste or sewage 
                        sludge under this subparagraph (C) by the cost-
                        of-living adjustment. The cost-of-living 
adjustment shall be the percentage difference by which the Consumer 
Price Index for the month of the June preceding a settlement exceeds 
the Consumer Price Index for the immediate prior month of June.
                            ``(vii) Other materials.--Notwithstanding 
                        clause (i), a potentially responsible party 
                        that 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, municipal 
                        solid waste or sewage sludge and other 
                        materials containing hazardous substances shall 
                        be eligible for the per-ton settlement rate 
                        described in this subparagraph as to the 
                        municipal solid waste or sewage sludge only if 
                        the potentially responsible party demonstrates 
                        to the President's satisfaction the quantity of 
                        the municipal solid waste and sewage sludge 
                        contributed by such party and the quantity and 
                        composition of the other materials containing 
                        hazardous substances contributed by such party. 
                        Where such party demonstrates to the 
                        President's satisfaction that the material 
                        other than municipal solid waste or sewage 
                        sludge contributed by such party is eligible 
                        for the de micromis exemption under section 
                        107(s)(2) or a de minimis settlement under 
                        subparagraph (A), such party shall be eligible 
                        for the per-ton settlement rate as to its 
                        municipal solid waste or municipal sewage 
                        sludge in an expedited settlement under this 
                        paragraph. In other cases, the President shall 
                        offer to resolve the party's liability with 
                        respect to the municipal solid waste or sewage 
                        sludge at the per-ton settlement rate described 
                        in this paragraph at such time as the party 
                        also agrees to a settlement with respect to 
                        other materials containing hazardous substances 
                        on terms and conditions acceptable to the 
                        President.
                            ``(viii) Municipal owners and operators.--
                        Where a municipality is eligible for the per-
                        ton settlement rate under this subparagraph, 
                        and is also eligible for a settlement under 
                        section 107(u) with respect to the same 
                        facility, the President shall offer a 
                        settlement to such municipality for an amount 
                        equal to the settlement amount under clause 
                        (ii) with respect to its contribution of 
                        municipal solid waste or sewage sludge, plus 
                        the amount provided in section 107(u) as to the 
                        liability of the municipality under paragraph 
                        (1) or (2) of section 107(a). Notwithstanding 
                        any other requirement in this section, such a 
                        settlement offer shall be made at such time as 
                        the President determines is appropriate.
                            ``(ix) Expiration of offer.--The 
                        President's obligation to offer a settlement at 
                        the rate provided under this subparagraph shall 
                        expire if the party to which the offer has been 
                        made fails to accept such an offer within a 
                        reasonable time period.
                    ``(D) Ability to pay.--
                            ``(i) In general.--The potentially 
                        responsible party is a natural person, a small 
                        business as defined in clause (ii), or a 
                        municipality and demonstrates to the United 
                        States an inability or a limited ability to pay 
                        response costs.
                            ``(ii) Small business.--For purposes of 
                        this subparagraph, each of the following 
                        provisions apply:
                                    ``(I) Definition.--The term `small 
                                business' means any business entity 
                                that is described in clauses (i) and 
                                (ii) of section 107(s)(1)(A).
                                    ``(II) Determination.--The small 
                                business shall demonstrate the amount 
                                of its ability to pay response costs. 
                                If the small business employs fewer 
                                than 20 employees and has gross income 
                                revenues of less than $1,800,000, the 
                                President shall perform any analysis 
                                that the President determines may 
                                assist in demonstrating the impact of a 
                                settlement upon the small business's 
                                ability to maintain its basic 
                                operations. The President, in his 
                                discretion, may perform such analysis 
                                for any other party or require such 
                                other party to perform the analysis.
                                    ``(III) Alternative payment 
                                methods.--If the President determines 
                                that a small business is unable to pay 
                                its total settlement amount 
                                immediately, the President shall 
                                consider such alternative payment 
                                methods as may be necessary or 
                                appropriate. The methods to be 
                                considered may include installment 
                                payments, to be paid during a period 
                                not to exceed 10 years, and the 
                                provision of in-kind services.
                            ``(iii) Municipalities.--For purposes of 
                        this subparagraph, each of the following 
                        provisions apply:
                                    ``(I) Considerations.--In the case 
                                of a municipality, the President shall 
                                consider, to the extent that 
                                information is provided by the 
                                municipality--
                                            ``(aa) the general 
                                        obligation bond rating and 
                                        information about the most 
                                        recent bond issue for which the 
                                        rating was prepared;
                                            ``(bb) the amount of total 
                                        available funds (other than 
                                        dedicated funds or State 
                                        assistance payments for 
                                        remediation of inactive 
                                        hazardous waste sites);
                                            ``(cc) the amount of total 
                                        operating revenues (other than 
                                        obligated or encumbered 
                                        revenues);
                                            ``(dd) the amount of total 
                                        expenses;
                                            ``(ee) the amounts of total 
                                        debt and debt service;
                                            ``(ff) per capita income 
                                        and cost of living;
                                            ``(gg) real property 
                                        values;
                                            ``(hh) unemployment 
                                        information; and
                                            ``(ii) population 
                                        information of the 
                                        municipality.
                                    ``(II) Evaluation of impact.--A 
                                municipality may also submit for 
                                consideration by the President an 
                                evaluation of the potential impact of 
                                the settlement on the provision of 
                                essential municipal services and the 
                                feasibility of making delayed payments 
                                or payments over time. If a 
                                municipality asserts that it has 
                                additional environmental obligations 
                                besides its potential liability under 
                                this Act, the municipality may create a 
                                list of the obligations, including an 
                                estimate of the costs of complying with 
                                such obligations.
                                    ``(III) Risk of default or 
                                violation.--A municipality may 
                                establish an inability to pay for 
                                purposes of this subparagraph through 
                                an affirmative showing that such 
                                payment of its liability under this Act 
                                would--
                                            ``(aa) create a substantial 
                                        demonstrable risk that the 
                                        municipality would default on 
                                        existing debt obligations 
                                        (existing as of the time of the 
                                        showing), be forced into 
                                        bankruptcy, be forced to 
                                        dissolve, or be forced to make 
                                        budgetary cutbacks that would 
                                        substantially reduce current 
                                        levels (as of the time of the 
                                        showing) of protection of 
                                        public health and safety; or
                                            ``(bb) necessitate a 
                                        violation of legal requirements 
                                        or limitations of general 
                                        applicability concerning the 
                                        assumption and maintenance of 
                                        fiscal municipal obligations.
                                    ``(IV) Additional factor relevant 
                                to settlements with municipalities.--In 
                                any settlement with a municipality 
                                pursuant to this title, the President 
                                may consider the fair-market value of 
                                any in-kind services that the party may 
                                provide to support the response action 
                                at the facility in determining an 
                                appropriate settlement amount.
                            ``(iv) Effect on authority.--This 
                        subparagraph shall not be construed to limit or 
                        affect the President's authority to evaluate 
                        any person's ability to pay or to enter into 
                        settlements with any person based on that 
                        person's inability to pay.
                    ``(E) Additional conditions for expedited 
                settlements.--
                            ``(i) Waiver of claims.--The President may 
                        require, as a condition of a settlement under 
                        this paragraph (1), that the potentially 
                        responsible party waive some or all of the 
                        claims or causes of action that such party may 
                        have against other potentially responsible 
                        parties relating to the site, including claims 
                        for contribution under section 113.
                            ``(ii) Exception.--The President may 
                        decline to offer a settlement under this 
                        paragraph (1) where the President determines--
                                    ``(I) the person has failed to 
                                comply fully and completely with 
                                information requests, administrative 
                                subpoenas, or discovery requests issued 
                                by the United States; or
                                    ``(II) the person has impeded or is 
                                impeding, through action or inaction, 
                                the performance of a response action or 
                                natural resource restoration with 
                                respect to the facility.
                            ``(iii) Basis of determination.--If the 
                        President determines that a party is not 
                        eligible for a settlement pursuant to this 
                        subsection, the basis for that determination 
                        shall be explained in writing to any person who 
                        requests such a settlement. Such a 
                        determination shall not be subject to judicial 
                        review.''.
    (b) Notification.--Section 122(g) of such Act (42 U.S.C. 9622(g)) 
is further amended by redesignating paragraph (6) as paragraph (10) and 
inserting the following new paragraphs:
            ``(6) Notification of parties.--
                    ``(A) Notification.--As soon as practicable after 
                receipt of sufficient information, the Administrator 
                shall notify any person that the Administrator 
                determines is eligible for an expedited final 
                settlement in accordance with paragraph (1) of its 
                eligibility, based on information available to the 
                Administrator at the time the determination is made.
                    ``(B) Settlement offer.--As soon as practicable 
                after receipt of sufficient information, the 
                Administrator shall submit a written settlement offer 
                to each party notified under subparagraph (A). Upon 
                request by any recipient of a settlement offer under 
                paragraph (1), the Administrator shall make available 
                any information available under section 552 of title 5, 
                United States Code, on which the Administrator based 
                the settlement offer. If the settlement offer is based 
                in whole or in part on information not available under 
                section 552 of title 5, United States Code, the 
                Administrator shall so inform the party.
            ``(7) Litigation moratorium.--
                    ``(A) In general.--No person that has received 
                notice under paragraph (6) that it is eligible for an 
                expedited settlement under paragraph (1) shall be named 
                as a defendant in any action under section 107 for 
                recovery of response costs (including an action for 
                contribution) during the period beginning on the date 
                on which the person receives from the President written 
                notice that it is a party that may qualify for an 
                expedited settlement, and ending on the earlier of--
                            ``(i) the date that is 90 days after the 
                        date on which the President tenders a written 
                        settlement offer to the person; or
                            ``(ii) the date that is 1 year after the 
                        date specified in subparagraph (A).
                This moratorium shall not apply with respect to a 
                person eligible for a settlement under paragraph (1)(C) 
                (vii) or (viii).
                    ``(B) Tolling of period of limitation.--The period 
                of limitation under section 113(g) applicable to a 
                claim against a person described in subparagraph (A) 
                for response costs or contribution shall be tolled 
                during the period described in subparagraph (A).
                    ``(C) Stay of litigation.--If, before the date of 
                enactment of this paragraph, a person described in 
                subparagraph (A) has been named as a defendant in an 
                action for recovery of response costs or contribution, 
                the court shall, unless a stay would result in manifest 
                injustice, stay the action as to that claim until the 
                end of the period described in subparagraph (A).
            ``(8) Notice of settlement.--After a settlement under this 
        subsection becomes final with any person with respect to a 
        facility, the President shall promptly notify potentially 
        responsible parties at the facility that have not resolved 
        their liability to the United States of the settlement.''.

SEC. 205. INFORMATION GATHERING AND ACCESS.

    (a) Additional Information.--Section 104(e)(2) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(e)(2)) is amended--
            (1) by striking subparagraph (C) and inserting:
                    ``(C) The ability of a person to pay for or to 
                perform a response action.''; and
            (2) by inserting after subparagraph (C) the following:
                    ``(D) The identity of any persons engaged in, 
                responsible for, controlling, or having the ability to 
                control activities or operations at a vessel or 
                facility giving rise to liability under this Act.
                    ``(E) The potential liability or responsibility of 
                any person to perform or pay for a response action.
                    ``(F) For a person conducting a response action, an 
                accounting of direct and indirect costs the person has 
                incurred in conducting such response action.
                    ``(G) Information that is otherwise relevant to 
                enforce the provisions of this Act.''.
    (b) Certifications.--Section 104(e) of such Act (42 U.S.C. 9604(e)) 
is amended--
            (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
        as paragraphs (4), (5), (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Certification.--The President may require respondents 
        to requests made pursuant to this subsection to certify that--
                    ``(A) the responses are true, accurate, and 
                complete to the best of the respondent's knowledge;
                    ``(B) the responses are based on a diligent, good 
                faith search of records in the possession or control of 
                the person to whom the request was directed;
                    ``(C) the responses are based on a reasonable 
                inquiry of the current and former officers, directors, 
                employees, and agents of the person to whom the request 
                was directed;
                    ``(D) the responses accurately and completely 
                reflect information obtained in the course of 
                conducting such search and inquiry;
                    ``(E) the respondent understands that there is a 
                continuing obligation to supplement the response if any 
                additional, new, or different information relevant to 
                the matters addressed in the request or the response 
                thereto becomes known or available to the respondent; 
                and
                    ``(F) the respondent understands that there are 
                significant penalties for knowingly and willfully 
                submitting false information, including the possibility 
                of fine and imprisonment.''.
    (c) Administrative Subpoenas.--Section 104(e) of such Act (42 
U.S.C. 9604(e)) is further amended by inserting after paragraph (8) (as 
redesignated by subsection (b)) the following new paragraph:
            ``(9) Administrative subpoenas.--When it would assist in 
        the collection of information necessary or appropriate for the 
        purposes of implementing this Act, the Administrator may by 
        subpoena require the attendance and testimony of witnesses and 
        the production of reports, papers, documents, answers to 
        questions, and other information listed in paragraph (2) that 
        the Administrator considers necessary. Witnesses shall be paid 
        the same fees and mileage that are paid witnesses in the courts 
        of the United States. In the event of contumacy or failure or 
        refusal of any person to obey any such subpoena, any district 
        court of the United States in which venue is proper shall have 
        jurisdiction to order any such person to comply with such 
        subpoena. Any failure to obey such an order of the court is 
        punishable by the court as a contempt thereof.''.
    (d) Confidentiality of Information.--Subparagraph (A) of section 
104(e)(8) of such Act (as redesignated by subsection (b)), is amended 
to read as follows:
            ``(A) Any records, reports, documents, or information 
        obtained from any person under this section (including records, 
        reports, documents, or information obtained by representatives 
        of the President (or the State as the case may be) and records, 
        reports, documents, or information obtained pursuant to a 
        contract, grant, or other agreement to perform work pursuant to 
        this section) shall be available to the public not later than 
        45 days after the records, reports, or information is obtained, 
        except as follows:
                    ``(i) Upon a showing satisfactory to the President 
                (or the State, as the case may be) by any person that 
                records, reports, documents, or information, or any 
                particular part thereof (other than health or safety 
                effects data), to which the President (or the State, as 
                the case may be) or any officer, employee, or 
                representative has access under this section if made 
                public would divulge information entitled to protection 
                under section 1905 of title 18, United States Code, 
                such information or particular portion thereof shall be 
                considered confidential in accordance with the purposes 
                of that section, except as otherwise provided in this 
                clause. Any such record, report, document, or 
                information may be disclosed to other officers, 
                employees, or authorized representatives of the United 
                States carrying out this Act, when relevant in any 
                proceeding under this Act, including any allocator 
                appointed pursuant to section 130. If such records, 
                reports, documents, or information are obtained or 
                submitted to the United States (or the State, as the 
                case may be) pursuant to a contract, grant, or other 
                agreement to perform work pursuant to this section, 
                such record, report, document, or information may be 
                disclosed to persons from whom the President seeks to 
                recover costs pursuant to this Act.
                    ``(ii) This section does not require that 
                information which is exempt from disclosure pursuant to 
                section 552(a) of title 5, United States Code, by 
                reason of subsection (b) of such section, be available 
                to the public. The disclosure of any such information 
pursuant to this section shall not authorize disclosure to other 
parties or be deemed to waive any privilege available under any Federal 
or State law.''.
    (e) Confidentiality Requirements for Contractors.--Paragraph (8) of 
section 104(e) of such Act (as redesignated by subsection (b)) is 
amended by adding at the end the following new subparagraph:
            ``(G)(i) No person described in clause (ii) may disclose 
        any record, report, document, or other information referred to 
        in subparagraph (A)(i) without the permission of the President 
        (or the State, as the case may be).
            ``(ii) A person described in this clause is any person--
                    ``(I) who is not an employee of the United States 
                Government; and
                    ``(II) who, by virtue of the person's duties under 
                a contract or cooperative agreement with the United 
                States under this section to perform work for the 
                United States Government or implement the requirements 
                of this Act, has received information obtained under 
                this section (or any record, report, or document 
                containing such information) which, if requested from 
                the United States Government pursuant to section 552 of 
                title 5, United States Code, would be exempt from 
                disclosure by reason of subsection (b) of such 
                section.''.
    (f) Availability of Information to Congress.--Subsection 104(e) of 
such Act (42 U.S.C. 9604(e)) is further amended by adding after 
paragraph (9) the following new paragraph:
            ``(10) Availability of information to congress.--Nothing in 
        this subsection shall be construed to authorize any person, 
        including any allocator appointed pursuant to section 128, to 
        withhold any documents or information from Congress, acting 
        through any duly authorized Committee thereof, or limit in any 
        manner the right of Congress, acting through any duly 
        authorized Committee thereof, to obtain such documents or 
        information.''.

SEC. 206. COMPLIANCE WITH ADMINISTRATIVE ORDERS.

    Section 106(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9606(a)) is amended 
by adding at the end the following: ``The President may amend such 
administrative orders and issue additional orders relating to the 
facility, as appropriate, without a subsequent determination that there 
may be an imminent and substantial endangerment, to complete all 
response actions necessary to respond to an actual or threatened 
release or to require additional response actions that are necessary or 
appropriate to respond to the actual or threatened release that was the 
subject of the original administrative order.''.

SEC. 207. CIVIL PROCEEDINGS.

    (a) Petitions.--Section 113(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9613(a)) 
is amended as follows:
            (1) By striking ``upon application by any interested 
        person'' and inserting ``by any interested person through the 
        filing of a petition for review''.
            (2) By striking ``application shall be made'', and 
        inserting ``petition shall be filed''.
    (b) Period in Which Action May Be Brought.--Section 113(g) of such 
Act (42 U.S.C. 9613(g)) is amended by striking paragraphs (2) and (3) 
and inserting in lieu thereof the following:
            ``(2) Actions for recovery of costs.--(A) Except as 
        provided in subparagraph (C), an initial action for recovery of 
        costs referred to in section 107 must be commenced--
                            ``(i) for a removal action, within 3 years 
                        after completion of all removal action taken 
                        with respect to the facility (including off-
                        site disposal of any removed materials, any 
                        site evaluation including evaluations for 
                        selection of a remedial action in accordance 
                        with section 121, or design of a remedial 
                        action), except that if physical on-site 
                        construction of the remedial action is 
                        initiated within 3 years after the completion 
                        of all removal action taken with respect to the 
                        facility, costs incurred for removal action may 
                        be recovered in a cost recovery action brought 
                        under clause (ii); and
                            ``(ii) for each remedial action, within 6 
                        years after initiation of physical on-site 
                        construction of that remedial action, unless 
                        that remedial action has been the subject of a 
                        previous cost recovery action.
            ``(B) In any such action described in this paragraph, the 
        court shall enter a declaratory judgment on liability for 
        response costs or damages that will be binding in such action 
        or in any subsequent action or actions to recover further 
        response costs or damages. A subsequent action or actions under 
        section 107 for further response costs at the vessel or 
        facility may be maintained at any time during the response 
action, but must be commenced no later than 3 years after the date of 
completion of all response action. Except as otherwise provided in this 
paragraph, an action may be commenced under section 107 for recovery of 
costs at any time after such costs have been incurred.
            ``(C) An action by any potentially responsible party 
        against another potentially responsible party for recovery of 
        any response costs or damages must be commenced within the 
        later of--
                    ``(i) the time limitations set forth in 
                subparagraph (A); or
                    ``(ii) where recovery is sought for costs or 
                damages paid pursuant to a judgment or settlement, 3 
                years after--
                            ``(I) the date of judgment in any action 
                        under this Act for recovery of such costs or 
                        damages, or
                            ``(II) the date of any administrative order 
                        or judicial settlement for recovery of the 
                        costs or damages paid or incurred pursuant to 
                        such a settlement.
            ``(3) Claims by the united states or states.--Claims by the 
        United States under section 106 and claims by the United States 
        or a State under section 107(a) shall not be deemed compulsory 
        counterclaims in an action against the United States or a State 
        seeking response costs, contribution, damages, or any other 
        claim by any person under this Act.''.

SEC. 208. SETTLEMENT NEGOTIATIONS AND ALLOCATION OF RESPONSIBILITY FOR 
              CERTAIN FACILITIES.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended by title 
I of this Act, is further amended by adding at the end of the following 
new section:

``SEC. 128. SETTLEMENT NEGOTIATIONS AND ALLOCATION OF RESPONSIBILITY 
              FOR CERTAIN FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Allocator.--The term `allocator' means a neutral 
        third party retained to conduct an allocation under this 
        section.
            ``(2) Mandatory allocation.--The term `mandatory 
        allocation' means an allocation at a non-federally owned vessel 
        or facility listed on the National Priorities List--
                    ``(A) concerning which the Administrator selects a 
                remedial action (as identified in a record of decision) 
                after March 30, 1998;
                    ``(B) for which, in the record of decision, the 
                Administrator estimates that future response costs for 
                that remedial action will exceed $3,000,000; and
                    ``(C) that involves 2 or more unaffiliated 
                potentially responsible parties.
            ``(3) Estimated contribution share.--
                    ``(A) In general.--The term `estimated contribution 
                share' means the estimated percentage amount 
                attributable to potentially responsible parties and to 
                the orphan share in a settlement under subsection (e) 
                or by an allocator under subsection (f).
                    ``(B) Unattributed waste.--The estimated 
                contribution share associated with hazardous substances 
                that cannot be attributed to any identifiable 
                potentially responsible party or allocation party shall 
                be distributed pro rata among the potentially 
                responsible parties and the orphan share.
            ``(4) Orphan share.--The term `orphan share' means the sum 
        of--
                    ``(A) the estimated contribution share specifically 
                attributable to potentially responsible parties 
                determined by the Administrator to be insolvent or 
                defunct, who are not affiliated with any viable 
                potentially responsible party or allocation party;
                    ``(B) the estimated contribution share specifically 
                attributable to parties that are not liable pursuant to 
                the small business exemption set forth in section 
                107(s)(1); and
                    ``(C) the difference between each potentially 
                responsible party's settlement amount in a settlement 
                under section 122(g)(1)(D) and the estimated 
                contribution share specifically attributable to that 
                party in the absence of limitations on that party's 
                financial ability to pay.
    ``(b) General Provisions.--
            ``(1) Mandatory process.--For each mandatory allocation, 
        the Administrator shall, after conducting any settlement 
        negotiation pursuant to section 122(e), initiate the allocation 
        process in accordance with subsection (f) (subject to 
        subsection (f)(3)).
            ``(2) Permissive process.--The Administrator may use any 
        part of the allocation process described in this section in 
        order to promote a settlement with respect to any response 
        actions or response costs that are not subject to a mandatory 
        allocation, but shall not be required to provide orphan share 
        funding with respect to any such response actions or response 
        costs.
            ``(3) Excluded remedial actions.--Settlement negotiations 
        or the allocation process under this section shall not be 
        required with respect to a remedial action (as identified in a 
        record of decision) for which--
                    ``(A) there is, as of the date of enactment of this 
                section, a settlement or consent decree with a party 
                other than a de minimis party under section 122(g)(1) 
                or a party that settled on the basis of an inability or 
                limited ability to pay response costs;
                    ``(B) a remedial action is being addressed by a 
                unilateral order issued by the Administrator under 
                section 106 before the date of enactment of this 
                section;
                    ``(C) all potentially responsible parties are 
                liable or potentially liable as owners or operators 
                under paragraph (1) or (2) of section 107(a) 
(notwithstanding any other bases for liability); or
                    ``(D) the remedial action is being carried out by a 
                State under the authority of this Act, unless otherwise 
                provided in section 130.
            ``(4) Response costs.--A mandatory allocation under this 
        section shall apply to--
                    ``(A) response costs relating to the remedial 
                action referred to in subsection (a)(2) incurred after 
                the date of enactment of this section; and
                    ``(B) unrecovered remedial investigation and 
                feasibility study costs relating to the remedial action 
                referred to in subsection (a)(2) incurred by the United 
                States before the date of enactment of this section.
            ``(5) Other matters.--This section does not limit or 
        affect--
                    ``(A) the ability of any person to resolve any 
                liability, with respect to a facility, to the United 
                States or any other person at any time before 
                initiation or completion of the allocation process;
                    ``(B) the validity, enforceability, finality, or 
                merits of any judicial or administrative order, 
                judgment, or decree entered, signed, lodged, or issued 
                before the date of enactment of this section with 
                respect to liability under this Act; or
                    ``(C) the validity, enforceability, finality, or 
                merits of any contract or agreement in effect before 
                the date of enactment of this Act relating to any 
                allocation of responsibility or any indemnity for, or 
                sharing of, any response costs under this Act.
    ``(c) Moratorium on Litigation and Enforcement.--
            ``(1) Moratorium and stay.--No person may commence an 
        action for recovery of a response cost or contribution toward a 
        response cost under this Act in connection with a remedial 
        action subject to a mandatory allocation under this section 
        until 60 days after the completion or termination of allocation 
        procedures in accordance with this section (including post-
        allocation settlement negotiations). Any such action that is 
        pending as of the date of enactment of this section shall be 
        stayed until such time, unless the court determines that such a 
        stay would result in manifest injustice.
            ``(2) Tolling of statute of limitations.--Any applicable 
        period of limitation with respect to a claim described in 
        paragraph (1) shall be tolled until 120 days after the 
        expiration of the moratorium provided in paragraph (1).
            ``(3) Actions contemporaneous with settlement.--
        Notwithstanding this section, the Attorney General may commence 
        a civil action against a potentially responsible party or 
        allocation party at any time if at the same time the Attorney 
        General files a judicial consent decree resolving the liability 
        of the potentially responsible party or allocation party.
    ``(d) Identification of Potentially Responsible Parties.--
            ``(1) In general.--As soon as reasonably practicable, the 
        Administrator shall perform a comprehensive search to identify 
        all potentially responsible parties at a vessel or facility 
        with respect to which a mandatory allocation is initiated, and 
        provide appropriate opportunity for participation by 
        potentially responsible parties.
            ``(2) Nomination of additional parties.--
                    ``(A) Submission of names.--The Administrator shall 
                allow each potentially responsible party identified by 
                the Administrator under paragraph (1) a reasonable 
                period of time in which to submit the names of 
additional potentially responsible parties.
                    ``(B) Statement of basis.--A potentially 
                responsible party nominating another person as a 
                potentially responsible party shall--
                            ``(i) include a statement setting forth the 
                        basis in law and fact why the nominated party 
                        is potentially liable under this Act; and
                            ``(ii) submit to the Administrator and the 
                        nominated person all available information that 
                        identifies the nature and extent of the 
                        nominated person's involvement at, and 
                        contribution of hazardous substances to, the 
                        facility.
                    ``(C) Submission by nominated persons.--A person 
                nominated as a potentially responsible party may within 
                a reasonable time submit to the Administrator 
                information relating to inclusion of the person as a 
                potentially responsible party at the facility.
            ``(3) Inclusion of nominated persons.--The Administrator 
        shall include each person nominated under paragraph (2) on the 
        list of potentially responsible parties, unless the 
        Administrator determines that inclusion of the person as a 
        potentially liable party is not warranted by law or not based 
        on facts that have reasonable evidentiary support under the 
        circumstances.
            ``(4) List of potentially responsible parties.--On 
        completion of the identification of potentially responsible 
        parties and before commencing settlement negotiations under 
        subsection (e), the Administrator shall make available in the 
        Waste Site Information Office a list of potentially responsible 
        parties with respect to the facility.
            ``(5) Not final agency action.--The identification of 
        potentially responsible parties by the Administrator under this 
        subsection shall not constitute final agency action for the 
        purposes of chapter 7 of title 5, United States Code and shall 
        not be subject to judicial review.
    ``(e) Settlement Negotiations.--
            ``(1) In general.--Unless, consistent with section 122(a), 
        the Administrator determines not to use the negotiation 
        procedures under this subsection (in which case subsection (f) 
        shall apply), the Administrator shall provide a period of 
        negotiation under section 122(e)(2) for each mandatory 
        allocation before initiating an allocation process under 
        subsection (f).
            ``(2) Orphan share.--With respect to a response action that 
        would otherwise be the subject of a mandatory allocation, if 
        settling potentially responsible parties agree to perform the 
        response action and agree to additional terms and conditions of 
        settlement that are acceptable to the United States, the United 
        States shall reimburse the settling parties, by payment or 
        otherwise, 100 percent of the orphan share identified by the 
        Administrator, subject to the availability of funds pursuant to 
        subsection (m).
    ``(f) Allocation Process.--
            ``(1) Initiation.--At the timely request of any potentially 
        responsible party that has not resolved its liability to the 
        United States, and after the conclusion of settlement 
        negotiations if undertaken pursuant to subsection (e), the 
        Administrator shall initiate an allocation process concerning a 
        mandatory allocation in accordance with this subsection.
            ``(2) Exception.--
                    ``(A) In general.--An allocation process under this 
                subsection shall not be required if a settlement is 
                reached under subsection (e) that resolves 70 percent 
                or more of the total costs of the remedial action that 
                would be the subject of the mandatory allocation 
                (including the orphan share).
                    ``(B) Nonsettling party.--A potentially responsible 
                party that does not agree to a settlement described in 
                subparagraph (A) shall be subject to post-settlement 
                litigation under subsection (n).
            ``(3) Allocation party.--For the purposes of this 
        subsection--
                    ``(A) except as provided in subparagraphs (D) and 
                (E), a potentially responsible party that has not 
                resolved its liability to the United States before 
                initiation of the allocation process shall be 
                considered to be an allocation party;
                    ``(B) a potentially responsible party that has 
                settled with the Administrator on an ability-to-pay 
                basis shall be considered to be an allocation party to 
                the extent necessary to determine the orphan share;
                    ``(C) a person that is exempt from liability under 
                section 107 shall not be considered to be an allocation 
                party, except that a person that is exempt from 
                liability pursuant to the small business exemption in 
                section 107(s)(1) shall be considered to be an 
                allocation party to the extent necessary to determine 
                the orphan share;
                    ``(D) a party that has received notification under 
                section 122(g)(6)(A) that it is eligible for an 
                expedited settlement under section 122(g) with respect 
                to all or part of its liability but that has not 
                resolved such liability in an expedited settlement 
                before initiation of the allocation process shall not 
                be considered an allocation party with respect to such 
                liability, unless the Administrator determines that 
                such party has declined to accept a settlement with 
                respect to such liability consistent with section 
                122(g); and
                    ``(E) a municipality that is eligible for a 
                settlement under section 107(u) shall not be considered 
                an allocation party with respect to its liability for 
                response costs under paragraph (1) or (2) of section 
                107(a), unless the Administrator determines that such 
                party has declined to accept a settlement with respect 
                to such liability consistent with section 107(u).
            ``(4) Selection of the allocator.--
                    ``(A) In general.--An allocator shall be selected 
                by the Administrator and the allocation parties.
                    ``(B) Selection by the administrator.--An allocator 
                shall be selected by the Administrator if the parties 
                do not select an allocator within a reasonable time.
                    ``(C) Procedure.--The Administrator is authorized 
                to use the simplified acquisition procedures provided 
                for in section 303(g)(1)(A) of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 
                253(g)(1)(A)) for contracts for the expedited selection 
                and retention of the allocator for services with a 
                value not exceeding $1,000,000 (including procedures 
                for establishing alternative conflict of interest 
                screening procedures and alternative sole source 
                contracting requirements).
            ``(5) Participation by administrator and attorney 
        general.--
                    ``(A) Representative of the fund.--The 
                Administrator and the Attorney General shall 
                participate in the allocation process on behalf of the 
                United States and as representative of the fund but 
                shall not be an allocation party except as provided in 
                subparagraph (B).
                    ``(B) Federal potentially responsible parties.--
                Federal departments, agencies, or instrumentalities, or 
                their agents, that are identified as potentially 
                responsible parties or allocation parties under this 
                Act shall be subject to, and be entitled to the 
                benefits of, the settlement negotiation and allocation 
                processes provided in this section to the same extent 
                as any other potentially responsible party.
            ``(6) Equitable factors for allocation.--The allocator 
        shall prepare a nonbinding allocation of estimated contribution 
        shares for each allocation party and the orphan share, based on 
        the following factors:
                    ``(A) The amount of hazardous substances 
                contributed by each allocation party.
                    ``(B) The degree of toxicity of hazardous 
                substances contributed by each allocation party.
                    ``(C) The mobility of hazardous substances 
                contributed by each allocation party.
                    ``(D) The degree of involvement of each allocation 
                party in the generation, transportation, treatment, 
                storage, or disposal of hazardous substances.
                    ``(E) The degree of care exercised by each 
                allocation party with respect to hazardous substances, 
                taking into account the characteristics of the 
                hazardous substances.
                    ``(F) The cooperation of each allocation party in 
                contributing to any response action and in providing 
                complete and timely information to the United States or 
                the allocator during the allocation process.
                    ``(G) Such other equitable factors as the allocator 
                recommends, with the agreement of allocation parties 
                and the United States.
            ``(7) Allocator's report.--
                    ``(A) Allocation report.--The allocator shall 
                provide a written final allocation report to the 
                Administrator, the Attorney General, and each 
                allocation party that specifies the estimated 
                contribution share of each allocation party and of any 
                orphan share.
                    ``(B) Opportunity for comment.--Before issuing the 
                final allocation report, the allocator shall give each 
                allocation party and the United States a reasonable 
                opportunity to comment on a draft allocation report.
                    ``(C) Admissibility of allocation report.--
                            ``(i) In general.--No draft or final 
                        allocation report shall be admissible in any 
                        court for any purpose except as provided in 
                        clause (ii).
                            ``(ii) Admission in support of 
                        settlement.--The final allocator's report, 
                        subject to the rules and discretion of the 
                        court, may be admitted into evidence solely for 
                        the purpose of supporting a settlement between 
                        the United States and an allocation party.
            ``(8) Costs.--The Administrator may require potentially 
        responsible parties that did not enter into a settlement under 
        subsection (e) to pay the costs of the allocation process.
            ``(9) Judicial review.--A determination, act, or failure to 
        act by the Administrator or the allocator for the purposes of 
        this subsection shall not be subject to judicial review, except 
        in an action regarding the contract for allocation services.
            ``(10) Administrative orders.--Neither the conduct nor the 
        results of an allocation shall constitute sufficient cause for 
        noncompliance with an order issued under section 106.
    ``(g) Use of Allocators.--
            ``(1) Allocation information.--
                    ``(A) Confidentiality.--All documents and materials 
                submitted to the allocator, together with the record of 
                any information generated or obtained during the 
                allocation process, shall be confidential. The 
                allocator, each allocation party, the Administrator, 
                and the Attorney General shall maintain such documents 
                and materials, together with the record of any 
                information generated or obtained during the allocation 
                process, as confidential and are prohibited from using 
                any such material in any other matter or proceeding, 
                and such material shall not be subject to disclosure 
                under section 552 of title 5, United States Code. Such 
                material shall not be discoverable or admissible in any 
                other Federal, State, or local judicial or 
                administrative proceedings, except--
                            ``(i) a new allocation pursuant to 
                        subsection (i) for the same remedial action, or
                            ``(ii) an initial allocation for a 
                        different remedial action at the same facility.
                    ``(B) Discoverability and admissibility.--
                Notwithstanding the foregoing, if the original of any 
                document or material submitted to the allocator or 
                placed in the document repository was, in the hands of 
                the party which provided it, otherwise discoverable or 
                admissible, then such original document, if 
                subsequently sought from such party, shall remain so. 
                If a fact generated or obtained during the allocation 
                was, in the hands of a witness, otherwise discoverable 
                or admissible, then such fact, if subsequently sought 
                from such other party, shall remain so.
                    ``(C) Privilege.--An allocation party shall not 
                assert any privilege as a basis for withholding any 
                information from the allocator. The submission of 
                documents or information pursuant to the allocation 
                process shall not be deemed to be a waiver of any 
                privilege, applicable to such documents or information 
                under any Federal or State law or rule of discovery or 
                evidence.
                    ``(D) Procedure when discovery is sought.--Any 
                person, including the United States and any Federal, 
                State, or local agency, department or instrumentality, 
                receiving any request for a statement, document, or 
                material submitted, or for the record of any allocation 
                proceeding, shall promptly notify the person who 
                originally submitted such item and, except in the case 
                of a request from the Congress acting through any duly 
                authorized committee thereof, shall provide such 
                submitting person the opportunity to assert and defend 
                the confidentiality of such item. No person shall 
                release or provide a copy of the item to any person not 
                a party to such allocation, other than the Congress 
                acting through any duly authorized committee thereof, 
                except as may be required by court order.
                    ``(E) Civil penalty.--
                            ``(i) Penalty.--Any person that fails to 
                        maintain the confidentiality of, or that 
                        discloses to anyone other than a participant in 
                        the allocation process, a statement, document, 
                        or information in violation of this section, 
                        shall be subject to a civil penalty of up to 
                        $25,000 for each disclosure.
                            ``(ii) Civil action.--A civil penalty may 
                        be sought in a civil action initiated by the 
                        Attorney General on behalf of the United 
                        States.
                            ``(iii) Other remedies.--Clause (ii) has no 
                        effect on the right of an allocation party to 
                        seek relief for a failure to maintain 
                        confidentiality under any other law.
                    ``(F) Right of congress to information.--Nothing in 
                this section shall be construed to authorize any 
                person, including the allocator, to withhold any 
                documents or information from Congress, acting through 
                any duly authorized Committee thereof, or limit in any 
                manner the right of Congress, acting through any duly 
                authorized Committee thereof, to obtain such documents 
                or information. Any person disclosing such documents or 
                information to Congress shall notify the person who 
                produced such documents or information of the fact of 
                such disclosure pursuant to subparagraph (D).
            ``(2) No restriction of allocator's discretion.--The 
        Administrator shall not establish any procedure that restricts 
the allocator's discretion in assigning estimated contribution shares 
and the orphan share under this section.
            ``(3) Information gathering.--
                    ``(A) In general.--The allocator may gather 
                information in addition to that gathered by the 
                Administrator during the process of identifying 
                potentially responsible parties under subsection (d) as 
                is necessary to conduct a fair and impartial 
                allocation.
                    ``(B) Authorities.--(i) In carrying out 
                subparagraph (A), the allocator may--
                            ``(I) exercise the information gathering 
                        authority of the President under section 
                        104(e)(2) or 122(e)(3)(B); and
                            ``(II) enforce any information request or 
                        subpoena issued by the allocator only through a 
                        request to the Attorney General to enforce such 
                        request or subpoena pursuant to subparagraph 
                        (A).
                    ``(ii) The Attorney General's authority to seek 
                civil or criminal penalties for failure to comply with 
                information requests or subpoenas issued by the 
                President under the authority referred to in clause 
                (i)(I) shall also apply to information requests or 
                subpoenas issued by the allocator. The Attorney 
                General's decision not to seek penalties for failure to 
                comply with any information request or subpoena issued 
                by the allocator pursuant to subparagraph (A) shall not 
                be subject to judicial review.
    ``(h) Rejection of Allocation Report.--The Administrator and the 
Attorney General may jointly reject a final allocation report issued by 
an allocator only if they jointly determine that--
            ``(1) the final allocation report does not provide a basis 
        for a settlement that would be fair, reasonable, and consistent 
        with the objectives of this Act; or
            ``(2) the allocation process was affected by bias, 
        substantial procedural error, fraud, or unlawful conduct.
    ``(i) Second and Subsequent Allocation Processes.--
            ``(1) Second allocation process.--If a final allocation 
        report is rejected under subsection (h), a new allocation shall 
        be performed on an expedited basis, with an allocator issuing a 
        second allocation report, based to the extent appropriate on 
        the record created in the first allocation process.
            ``(2) Subsequent allocator process.--If a second allocation 
        report is rejected under subsection (h), subsequent allocation 
        processes may be provided at the discretion of the 
        Administrator.
            ``(3) New allocator.--The Administrator and the allocation 
        parties may select a new allocator to conduct a second or 
        subsequent allocation process under this subsection.
    ``(j) Settlements Based on Allocations.--
            ``(1) In general.--Except as provided in paragraph (2), 
        if--
                    ``(A) not later than 30 days after issuance of the 
                final allocation report, an allocation party--
                            ``(i) makes a written offer to settle with 
                        respect to the response action based on the 
                        estimated contribution share specified by the 
                        allocator; and
                            ``(ii) agrees to additional terms and 
                        conditions that are acceptable to the 
                        President;
                    ``(B) the allocation party is not in default on any 
                information request under this Act; and
                    ``(C) the Administrator and the Attorney General 
                have not rejected the final allocation report under 
                subsection (h);
        the Administrator and Attorney General shall offer a settlement 
        to such allocation party consistent with paragraph (2).
            ``(2) Provisions of settlements.--
                    ``(A) In general.--A settlement based on an 
                allocation under this section--
                            ``(i) shall provide the Administrator with 
                        authority to require that any allocation party 
                        or group of allocation parties perform a 
                        response action; and
                            ``(ii) shall include--
                                    ``(I) a provision under which the 
                                United States shall provide, by 
                                reimbursement or otherwise, subject to 
                                availability of funds pursuant to 
                                subsection (m), 100 percent of the 
                                estimated contribution share assigned 
                                to the orphan share, as determined by 
                                the allocator in the final allocation 
                                report;
                                    ``(II) a waiver of claims against 
                                the Fund for reimbursement, except as 
                                provided in subsection (k);
                                    ``(III) a waiver of contribution 
                                claims against all persons that are 
                                parties to the settlement;
                                    ``(IV) a covenant not to sue that 
                                is consistent with section 122(f) and 
                                except in the case of a cashout 
                                settlement, a provision regarding 
                                performance or adequate assurance of 
                                performance of the response action;
                                    ``(V) in a settlement in which the 
                                United States is funding the estimated 
                                contribution share of nonsettling 
                                parties, a litigation risk premium 
                                calculated by the Administrator on a 
                                facility-specific basis that reflects 
                                the risk to the United States of not 
                                collecting unrecovered response costs 
                                for the response action or a pro rata 
                                share of such response costs;
                                    ``(VI) protection from all claims 
                                for contribution regarding the matters 
                                addressed in the settlement;
                                    ``(VII) provisions through which a 
                                settling party shall waive the settling 
                                party's right to challenge the remedy 
                                addressed by the settlement; and
                                    ``(VIII) provisions through which a 
                                settling party shall waive any 
                                challenge to any settlement the 
                                Administrator or Attorney General 
                                enters into with any other potentially 
                                responsible party at the facility.
                    ``(B) Litigation risk premium.--The Administrator 
                shall by regulation develop a method for calculating a 
                litigation risk premium. The regulation shall be based 
                on an administrative record reflecting actual 
                experience regarding the litigation risk faced by the 
                United States in proceeding against nonsettling 
                parties. Any litigation risk premium collected pursuant 
                to subparagraph (A)(ii)(V) shall not reduce the 
                liability of nonsettling parties pursuant to section 
                113(f)(2).
    ``(k) Reimbursement.--
            ``(1) In general.--Reimbursement by the United States, by 
        payment or otherwise, to eligible settling parties for expenses 
        that the settling parties incur in connection with a settlement 
        negotiated under subsection (e), or for expenses that the 
        settling parties incur in connection with a post-allocation 
        settlement under subsection (f), shall not be contingent on 
        recovery by the United States of a response cost from any other 
        person but is subject to the availability of funds pursuant to 
        subsection (m).
            ``(2) Timing.--
                    ``(A) In general.--To the extent that the United 
                States provides reimbursement by payment, reimbursement 
                under paragraph (1) shall be made during the course of 
                the response action that is the subject of the 
                allocation, using reasonable progress payments at 
                significant milestones set forth in the settlement 
                agreement.
                    ``(B) Construction.--Complete reimbursement for 
                construction--
                            ``(i) shall be paid not later than 120 days 
                        after the date of completion of the 
                        construction; or
                            ``(ii) if construction takes longer than 1 
                        year to complete, shall be made in appropriate 
                        periodic payments.
            ``(3) Equitable offset.--A reimbursement to settling 
        parties under paragraph (1) shall be subject to equitable 
        offset or recovery by the Administrator at any time if the 
        settling parties fail to perform the work in a proper and 
        timely manner.
            ``(4) Financial controls on reimbursement.--The 
        Administrator shall require all claims for reimbursement under 
        paragraph (1) to be supported by--
                    ``(A) documentation of actual costs incurred; and
                    ``(B) sufficient information to enable the 
                Administrator to determine whether the costs were 
                reasonable, necessary, and consistent with the National 
                Contingency Plan.
            ``(5) Audits.--The Administrator may require independent 
        auditing of any claim for reimbursement under paragraph (1), 
        and may require other information to support the audit.
    ``(l) Regulations.--The Administrator shall promulgate regulations 
for the purpose of implementing this section, including regulations 
regarding--
            ``(1) procedures to minimize the cost of the allocation;
            ``(2) procedures and timeframes for potentially responsible 
        parties to request an allocation pursuant to subsection (f)(1);
            ``(3) the establishment and maintenance of an information 
        repository by the allocator;
            ``(4) simplified acquisition procedures for the expedited 
        selection and retention by contract of the allocator;
            ``(5) procedures for the allocator to request the Attorney 
        General to enforce information requests or subpoenas issued 
        pursuant to paragraph (3) of subsection (g); and
            ``(6) procedures for independent auditing of claims for 
        reimbursement.
    ``(m) Mandatory Funding.--
            ``(1) Amounts.--Subject to paragraph (5), for the purpose 
        of funding orphan share contributions and other reimbursable 
        amounts, as authorized by this section, there is hereby made 
        available for obligation from amounts in the Hazardous 
        Substances Superfund--
                    ``(A) for fiscal year 1999, $200,000,000;
                    ``(B) for fiscal year 2000, $200,000,000;
                    ``(C) for fiscal year 2001, $200,000,000;
                    ``(D) for fiscal year 2002, $200,000,000; and
                    ``(E) for fiscal year 2003, $200,000,000.
            ``(2) Availability of funds.--The amounts in paragraph (1) 
        shall remain available for obligation until expended.
            ``(3) Effect on certain authority.--Nothing in this 
        subsection affects the authority of the Administrator to forego 
        recovery of past costs.
            ``(4) Unavailability of fiscal year funds.--Except in 
        fiscal year 1999, if the amounts in paragraph (1) available in 
        a fiscal year have been obligated, then up to one-half the 
        amounts in paragraph (1) available for the next fiscal year may 
        be obligated.
            ``(5) Condition on availability.--An amount listed in 
        paragraph (1) may be made available for obligation in a fiscal 
        year only if the total amount appropriated for such fiscal year 
        under section 111(a) equals or exceeds $1,500,000,000, or, in 
        the case of fiscal year 1999, equals or exceeds $2,150,000,000.
    ``(n) Post-Settlement Litigation.--
            ``(1) In general.--On the expiration of the moratorium 
        period under subsection (c), the Attorney General may commence 
        an action against any potentially responsible party that has 
        not resolved its liability to the United States under 
        subsection (e), or any allocation party that has not resolved 
        its liability under subsection (f).
            ``(2) Recovery.--In any action under paragraph (1), a 
        nonsettling party shall be subject to strict, joint, and 
        several liability for response costs not recovered through 
        settlements with other persons, including the cost of any 
        federally funded orphan share and any federally funded share of 
        nonsettling parties, but not including any estimated 
        contribution shares allocated to Federal agencies, departments, 
        or instrumentalities.
            ``(3) Impleader.--A defendant in an action under paragraph 
        (1) may implead an allocation party only if the allocation 
        party has not resolved its liability to the United States.
            ``(4) Response costs.--The cost of implementing the 
        allocation process under this section, including fees and 
        expenses of the allocator, shall be considered to be a response 
        cost.
            ``(5) Settlement offers after commencement of litigation.--
        This section shall not apply to any offer of settlement made 
        after expiration of the moratorium period under subsection (c).
    ``(o) Retained Authority.--
            ``(1) In general.--Except as specifically provided in this 
        section, nothing in this section limits the power of the 
        President to exercise the powers conferred by this Act.
            ``(2) Specific authorities.--Notwithstanding the provisions 
        of this section, the President may--
                    ``(A) file a proof of claim or take other action in 
                a proceeding under title 11, United States Code;
                    ``(B) require performance of a response action at a 
                facility subject to a mandatory allocation during the 
                conduct of the allocation process; or
                    ``(C) file any actions necessary to prevent 
                dissipation of the assets of a potentially responsible 
                party.
            ``(3) Principles of liability.--The procedures established 
        under this section shall not be construed to modify or affect 
        the principles of retroactive, strict, joint, and several 
        liability.
            ``(4) Natural resource damages.--Nothing in this section 
        applies to or affects claims for damages to natural resources, 
        nor shall costs associated with claims for natural resource 
        damages be subject to allocation under this section.
    ``(p) Representation of the United States.--The Administrator and 
the Attorney General shall be entitled to review all documents related 
to, and participate in any phase of, the settlement negotiation or 
allocation process, consistent with subsection (g)(1).
    ``(q) Annual Report.--The Administrator shall report annually to 
Congress on funds obligated or otherwise made available to address 
orphan shares and shares of nonsettling parties in support of 
settlement activities under this section.''.

SEC. 209. ENHANCEMENT OF SETTLEMENT AUTHORITIES.

    Section 122 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9622) is amended as 
follows:
            (1)(A) The section is amended by transferring paragraph (6) 
        of subsection (e) to the end of the section and redesignating 
        such paragraph as subsection (o).
            (B) Such subsection (o) (as so transferred and 
        redesignated) is amended--
                    (i) by striking ``Inconsistent response action'' 
                and inserting ``Inconsistent Response Action'';
                    (ii) by striking ``remedial action'' both places it 
                appears and inserting ``response action''; and
                    (iii) by inserting ``or the State under applicable 
                law'' before the period at the end.
            (2) Such section is amended--
                    (A) in subsection (b), by striking paragraph (3) 
                and redesignating paragraph (4) as paragraph (3); and
                    (B) by adding at the end the following new 
                subsections:
    ``(p) Retention of Funds.--If, as part of any settlement agreement 
under this Act, a potentially responsible party will be paying amounts 
to the President for carrying out any response action, the President 
may retain such amounts in interest bearing accounts, and use such 
amounts, together with accrued interest, to conduct or enable other 
persons to conduct such response action.
    ``(q) Unsuccessful Challengers Liable for Attorney's Fees.--Any 
party who challenges any settlement entered into between the President 
and any potentially responsible party under this Act, and who is not 
successful in overturning or modifying the settlement, shall be liable 
to the United States and any settling party for all reasonable 
attorneys' fees and costs incurred in defending the settlement.''.
            (3) Subsection (g) is amended in the second sentence of 
        paragraph (4) by striking ``$500,000'' and inserting 
        ``$2,000,000''.
            (4) Subsection (h) is amended--
                    (A) by striking the subsection heading and 
                inserting the following: ``Authority To Settle Claims 
                for Fines, Civil Penalties, Punitive Damages, and Cost 
                Recovery.--'';
                    (B) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``costs incurred'' and inserting ``past costs 
                        incurred and future costs that may be 
                        incurred'';
                            (ii) by inserting after the first sentence 
                        the following new sentences: ``The head of any 
                        department or agency with the authority to seek 
                        fines, civil penalties, or punitive damages 
                        under this Act may consider, compromise, and 
                        settle a claim for any such fines, civil 
                        penalties, or punitive damages that may 
                        otherwise be assessed in civil administrative 
                        or judicial proceedings if the claim has not 
                        been referred to the Department of Justice for 
                        further action. If the total claim for fines, 
                        civil penalties, or punitive damages exceeds 
                        $300,000, such claim may be compromised and 
                        settled only with the prior written approval of 
                        the Attorney General.''; and
                            (iii) in the last sentence, by striking 
                        ``$500,000 (excluding interest), any claim 
                        referred to in the preceding sentence'' and 
                        inserting ``$2,000,000 (excluding interest), 
                        any claim for response costs referred to in 
                        this subsection''; and
                    (C) in paragraph (2), by striking ``$500,000 
                (excluding interest)'' and inserting ``$2,000,000 
                (excluding interest)''.

SEC. 210. RECYCLING TRANSACTIONS.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding 
after section 128 the following new section:

``SEC. 129. RECYCLING TRANSACTIONS.

    ``(a) Liability Clarification.--As provided in subsections (b), 
(c), (d), and (e), a person who arranged for recycling of recyclable 
material shall not be liable under section 107(a)(3) or 107(a)(4) with 
respect to the material.
    ``(b) Recyclable Material Defined.--For purposes of this section, 
the term `recyclable material' means scrap paper, scrap plastic, scrap 
glass, scrap textiles, scrap rubber (other than whole tires), scrap 
metal, or spent lead-acid, spent nickel-cadmium, and other spent 
batteries, as well as minor amounts of material incident to or adhering 
to the scrap material as a result of its normal and customary use prior 
to becoming scrap.
    ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles, 
or Rubber.--Transactions involving scrap paper, scrap plastic, scrap 
glass, scrap textiles, or scrap rubber (other than whole tires) shall 
be deemed to be arranging for recycling if the person who arranged for 
the transaction (by selling recyclable material or otherwise arranging 
for the recycling of recyclable material) can demonstrate by a 
preponderance of the evidence that all of the following criteria were 
met at the time of the transaction:
            ``(1) The recyclable material met a commercial 
        specification grade.
            ``(2) A market existed for the recyclable material.
            ``(3) A substantial portion of the recyclable material was 
        made available for use as a feedstock for the manufacture of a 
        new saleable product.
            ``(4) The recyclable material could have been a replacement 
        or substitute for a virgin raw material, or the product to be 
        made from the recyclable material could have been a replacement 
        or substitute for a product made, in whole or in part, from a 
        virgin raw material.
            ``(5) For transactions occurring 90 days or more after the 
        date of enactment of this section, the person exercised 
        reasonable care to determine that the facility where the 
        recyclable material was handled, processed, reclaimed, or 
        otherwise managed by another person (hereinafter in this 
        section referred to as a `consuming facility') was in 
        compliance with substantive (not procedural or administrative) 
        provisions of any Federal, State, or local environmental law or 
        regulation, or compliance order or decree issued pursuant 
        thereto, applicable to the handling, processing, reclamation, 
        storage, or other management activities associated with 
        recyclable material.
            ``(6) For purposes of this subsection, `reasonable care' 
        shall be determined using criteria that include (but are not 
        limited to)--
                    ``(A) the price paid in the recycling transaction;
                    ``(B) the ability of the person to detect the 
                nature of the consuming facility's operations 
                concerning its handling, processing, reclamation, or 
                other management activities associated with recyclable 
                material; and
                    ``(C) the result of inquiries made to the 
                appropriate Federal, State, or local environmental 
                agency (or agencies) regarding the consuming facility's 
                past and current compliance with substantive (not 
                procedural or administrative) provisions of any 
                Federal, State, or local environmental law or 
                regulation, or compliance order or decree issued 
                pursuant thereto, applicable to the handling, 
                processing, reclamation, storage, or other management 
                activities associated with recyclable material. For the 
                purposes of this paragraph, a requirement to obtain a 
                permit applicable to the handling, processing, 
                reclamation, or other management activity associated 
                with the recyclable materials shall be deemed to be a 
                substantive provision.
    ``(d) Transactions Involving Scrap Metal.--
            ``(1) Transactions involving scrap metal shall be deemed to 
        be arranging for recycling if the person who arranged for the 
        transaction (by selling recyclable material or otherwise 
        arranging for the recycling of recyclable material) can 
        demonstrate by a preponderance of the evidence that at the time 
        of the transaction--
                    ``(A) the person met the criteria set forth in 
                subsection (c) with respect to the scrap metal;
                    ``(B) the person was in compliance with any 
                applicable regulations or standards regarding the 
                storage, transport, management, or other activities 
                associated with the recycling of scrap metal that the 
                Administrator promulgates under the Solid Waste 
                Disposal Act subsequent to the enactment of this 
                section and with regard to transactions occurring after 
                the effective date of such regulations or standards; 
                and
                    ``(C) the person did not melt the scrap metal prior 
                to the transaction.
            ``(2) For purposes of paragraph (1)(C), melting of scrap 
        metal does not include the thermal separation of 2 or more 
        materials due to differences in their melting points (referred 
        to as `sweating').
            ``(3) For the purposes of this subsection, the term `scrap 
        metal' means bits and pieces of metal parts (e.g., bars, 
        turnings, rods, sheets, wire) or metal pieces that may be 
        combined with bolts or soldering (e.g., radiators, scrap 
        automobiles, railroad box cars), which when worn or superfluous 
        can be recycled, except for scrap metals that the Administrator 
        excludes from this definition by regulation and steel shipping 
        containers of a capacity from 30 liters to and including 3,000 
        liters, whether intact or not, having any hazardous substance 
        (but not metal bits or pieces) contained in or adhering 
        thereto.
    ``(e) Transactions Involving Batteries.--Transactions involving 
spent lead-acid batteries, spent nickel-cadmium batteries, or other 
spent batteries shall be deemed to be arranging for recycling if the 
person who arranged for the transaction (by selling recyclable material 
or otherwise arranging for the recycling of recyclable material) can 
demonstrate by a preponderance of the evidence that at the time of the 
transaction--
            ``(1) the person met the criteria set forth in subsection 
        (c) with respect to the spent lead-acid batteries, spent 
        nickel-cadmium batteries, or other spent batteries;
            ``(2) the person did not recover the valuable components of 
        such batteries; and
            ``(3)(A) with respect to transactions involving lead-acid 
        batteries, the person was in compliance with applicable Federal 
        environmental regulations or standards, and any amendments 
        thereto, regarding the storage, transport, management, or other 
        activities associated with the recycling of spent lead-acid 
        batteries; and
            ``(B) with respect to transactions involving nickel-
        cadmium, or other batteries, Federal environmental regulations 
        or standards are in effect regarding the storage, transport, 
        management, or other activities associated with the recycling 
        of spent nickel-cadmium or other batteries, and the person was 
        in compliance with applicable regulations or standards or any 
        amendments thereto.
    ``(f) Exclusions.--
            ``(1) The exemptions set forth in subsections (c), (d), and 
        (e) shall not apply if--
                    ``(A) the person had an objectively reasonable 
                basis to believe at the time of the recycling 
                transaction--
                            ``(i) that the recyclable material would 
                        not be recycled;
                            ``(ii) that the recyclable material would 
                        be burned as fuel, or for energy recovery or 
                        incineration; or
                            ``(iii) for transactions occurring before 
                        90 days after the date of the enactment of this 
                        section, that the consuming facility was not in 
                        compliance with a substantive (not procedural 
                        or administrative) provision of any Federal, 
                        State, or local environmental law, or 
                        regulation, or compliance order or decree 
                        issued pursuant thereto, applicable to the 
                        handling, processing, reclamation, or other 
                        management activities associated with the 
                        recyclable material;
                    ``(B) the person had reason to believe that 
                hazardous substances had been added to the recyclable 
                material for purposes other than processing for 
                recycling; or
                    ``(C) the person failed to exercise reasonable 
                care, including adhering to customary industry 
                practices, with respect to the management and handling 
                of the recyclable material.
            ``(2) For purposes of this subsection, an objectively 
        reasonable basis for belief shall be determined using criteria 
        that include (but are not limited to) the size of the person's 
        business, customary industry practices, the price paid in the 
        recycling transaction, and the ability of the person to detect 
        the nature of the consuming facility's operations concerning 
        its handling, processing, reclamation, or other management 
        activities associated with the recyclable material.
            ``(3) For purposes of this subsection, a requirement to 
        obtain a permit applicable to the handling, processing, 
        reclamation, or other management activities associated with 
        recyclable material shall be deemed to be a substantive 
        provision.
    ``(g) Effect on Other Liability.--Nothing in this section shall be 
deemed to affect the liability of a person under paragraph (1) or (2) 
of section 107(a). Nothing in this section shall be deemed to affect 
the liability of a person under paragraph (3) or (4) of section 107(a) 
with respect to materials that are not recyclable materials as defined 
in subsection (b) of this section.
    ``(h) Exclusions.--An exemption under this section does not apply 
if the recyclable material--
            ``(1) contained polychlorinated biphenyls in excess of 50 
        parts per million or any new standard promulgated pursuant to 
        applicable Federal laws; or
            ``(2) is an item of scrap paper, and the item either 
        contained at the time of the recycling transaction a hazardous 
        substance that has been determined by the Administrator, 
        pursuant to this section and after notice and comment, to 
        present a significant risk to human health and the environment, 
        or contained hazardous substances at a concentration at or 
        higher than that determined by the Administrator to present 
        such a significant risk.
    ``(i) Regulations.--The Administrator has the authority, under 
section 115, to promulgate regulations concerning this section.
    ``(j) Effect on Pending or Concluded Actions.--The exemptions 
provided in this section shall not affect any concluded judicial or 
administrative action or any pending judicial action initiated by the 
United States prior to enactment of this section.
    ``(k) Liability for Attorney's Fees for Certain Actions.--Any 
person who commences an action in contribution against a person who is 
not liable by operation of this section shall be liable to that person 
for all reasonable costs of defending that action, including all 
reasonable attorney's and expert witness fees.
    ``(l) Relationship to Liability Under Other Laws.--Nothing in this 
section shall affect--
            ``(1) a person's liability under any other Federal, State, 
        or local statute or regulation promulgated pursuant to any such 
        statute, including any requirements promulgated by the 
        Administrator under the Solid Waste Disposal Act; or
            ``(2) the ability of the Administrator to promulgate 
        regulations under any other statute, including the Solid Waste 
        Disposal Act.''.

SEC. 211. DEFINITIONS.

    (a) Religious, Charitable, Scientific, or Educational 
Organization.--Section 101(20) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) 
is amended by adding at the end the following new subparagraph:
            ``(H) Religious, charitable, scientific, or educational 
        organization.--Subject to section 107(t), the term `owner or 
        operator' includes an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986, that is 
        organized and operated exclusively for religious, charitable, 
        scientific, or education purposes, and that holds title to a 
        vessel or facility.''.
    (b) Additional Definitions.--Section 101 of such Act (42 U.S.C. 
9601) is further amended by adding at the end the following new 
paragraphs:
            ``(39) Municipal solid waste.--(A) The term `municipal 
        solid waste' means all waste materials generated by households, 
        including single and multifamily residences, and hotels and 
        motels. The term also includes waste materials generated by 
        commercial, institutional, or industrial sources, to the extent 
        such wastes--
                    ``(i) are essentially the same as waste normally 
                generated by households; or
                    ``(ii) are collected and disposed of with other 
                municipal solid waste or sewage sludge as part of 
                normal municipal solid waste collection services, and, 
                with respect to each source from which the waste 
                materials were collected, qualifies for the de micromis 
                exemption set forth in section 107(s)(2).
            ``(B) Examples of municipal solid waste include food and 
        yard waste, paper, clothing, appliances, consumer product 
        packaging, disposable diapers, office supplies, cosmetics, 
        glass and metal food containers, elementary or secondary school 
        science laboratory waste, and household hazardous waste. The 
        term does not include combustion ash generated by resource 
        recovery facilities or municipal incinerators, or waste from 
        manufacturing or processing (including pollution control) 
        operations not essentially the same as waste normally generated 
        by households.
            ``(40) Municipality.--The term `municipality' means a 
        political subdivision of a State, including a city, county, 
        village, town, township, borough, parish, school, school 
        district, sanitation district, water district, or other public 
        entity performing local governmental functions. The term also 
        includes a natural person acting in the capacity of an 
        official, employee, or agent of any entity referred to in the 
        preceding sentence in the performance of governmental 
        functions.
            ``(41) Owner, operator, or lessee of residential 
        property.--The term `owner, operator, or lessee of residential 
        property' means a person who owns, operates, manages, or leases 
        residential property and who uses or allows the use of the 
        residential property exclusively for residential purposes. The 
        term `residential property' means single or multifamily 
        residences, including accessory land, buildings, or 
        improvements incidental to such dwellings, that are exclusively 
        for residential use.
            ``(42) Qualified household hazardous waste collection 
        program.--The term `qualified household hazardous waste 
        collection program' means a program established by an entity of 
        the Federal Government, a State, a municipality, or an Indian 
        tribe that provides, at a minimum, for annual collection of 
        household hazardous wastes at accessible, well-publicized 
        collection points.
            ``(43) Small nonprofit organization.--The term `small 
        nonprofit organization' means any organization that, at the 
        time of disposal, did not distribute any part of its income or 
        profit to its members, directors, or officers, employed no more 
        than 40 paid individuals at the chapter, office, or department, 
        and was an organization described in section 501(c) of the 
        Internal Revenue Code of 1986 and exempt from taxation under 
        section 501(a) of such Code.
            ``(44) Sewage sludge.--The term `sewage sludge' means 
        solid, semisolid, or liquid residue removed during the 
        treatment of municipal waste water, domestic sewage, or other 
        waste water at or by publicly owned or federally owned 
        treatment works.''.
    (c) Miscellaneous Amendments to Definitions.--Section 101 of such 
Act (42 U.S.C. 9601) is further amended as follows:
            (1) Section 101(10)(H) is amended by striking ``subject 
        to'' and inserting ``in compliance with''.
            (2) Section 101(23) is amended--
                    (A) in the first sentence--
                            (i) by striking ``terms'' and inserting 
                        ``term'';
                            (ii) by striking ``necessary taken'' and 
                        inserting ``necessary to take''; and
                            (iii) by inserting after ``environment, 
                        such actions'' the following: ``environment, 
                        such actions or combination of such actions''; 
                        and
                    (B) in the second sentence--
                            (i) by striking ``section 104(b) of this 
                        Act, and'' and inserting the following: 
                        ``section 104(b) of this Act (including 
                        remedial investigations, feasibility studies, 
                        and remedial design work),''; and
                            (ii) by inserting before the period at the 
                        end the following: ``, or any combination of 
                        the activities described in this sentence''.
            (3) Section 101(25) is amended--
                    (A) by striking ``terms'' and inserting ``term'';
                    (B) by striking ``remedial action;, all'' and 
                inserting ``remedial action. All''; and
                    (C) by striking ``related thereto.'' and inserting 
                ``(including attorneys' fees and expert witness fees) 
                and oversight activities related thereto when such 
                activities are undertaken by the President, a State, or 
                an Indian tribe.''.
            (4) Section 101(29) is amended by striking the period and 
        inserting the following: ``, except that the term `hazardous 
        substances' shall be substituted for the term `hazardous waste' 
        in the definitions of `disposal' and `treatment'.''.

                           TITLE III--REMEDY

SEC. 301. 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 adding after the first sentence the following: ``The 
        preference shall be implemented in accordance with guidance 
        published by the Administrator pertaining to principal threat 
        and low level threat wastes.'';
            (B) by striking ``The President shall conduct an 
        assessment'' and all that follows through ``resource recovery 
        technologies to the maximum extent practicable.'' and inserting 
        the following: ``The President shall select a remedial action 
        that is protective of human health and the environment, that is 
        cost effective, and that assures long-term reliability of 
        protection of human health and the environment. To the maximum 
        extent practicable, a remedial action selected by the President 
        shall make contaminated land available for beneficial use, and 
        return contaminated ground water and surface water to 
        beneficial use in a period of time that is reasonable under the 
        circumstances of the release. A remedial action shall protect 
        uncontaminated ground water and surface water unless (A) 
        technically infeasible, or (B) limited migration of 
        contamination is necessary to facilitate restoration of ground 
        water to beneficial use.''.
    (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 factors:
            ``(A) The effectiveness of the remedy in protecting human 
        health and the environment, including consideration of children 
        and other highly exposed or highly susceptible subpopulations.
            ``(B) The reliability of the remedy in maintaining 
        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).
            ``(C) Any short-term risk posed by the implementation of 
        the remedy to the 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 community.
            ``(F) The cost of the remedy, including the total short-
        term and long-term costs and the costs of operation and 
        maintenance for the entire period during which operation and 
        maintenance will be required.
            ``(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 18 U.S.C. 1151).''.
    (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 and 
compliance with any institutional controls related to the remedial 
action during the review. Such review shall include, at a minimum, an 
evaluation of the technical sufficiency and legal efficacy of such 
controls.''.
    (c) Amendments Relating to Degree of Cleanup.--Section 121 of such 
Act is amended as follows:
            (1) Subsection (d)(1) is amended by striking the last 
        sentence.
            (2) Subsection (d)(2)(A) is amended as follows:
                    (A) By striking ``or is relevant and appropriate 
                under the circumstances of the release or threatened 
                release of such hazardous substance or pollutant or 
                contaminant''.
                    (B) By inserting after ``is legally applicable'' 
                the following: ``to the conduct or operation of the 
                remedial action or''.
                    (C) By striking ``or relevant and appropriate''.
                    (D) By inserting the following before the last 
                sentence: ``In the case of contaminated ground water or 
                surface water which may be used for drinking water, 
                such remedial action shall require a level or standard 
                of control which at least attains the maximum 
                contaminant levels or non-zero maximum contaminant 
                level goals established under the Safe Drinking Water 
                Act for the hazardous substances or pollutants or 
                contaminants concerned.''.
                    (E) In the last sentence--
                            (i) by inserting ``also'' after ``shall'';
                            (ii) by striking ``Maximum Contaminant 
                        Level Goals established under the Safe Drinking 
                        Water Act and''; and
                            (iii) by striking ``goals or''.
                    (F) By inserting ``or Tribal'' after ``a State'' 
                and after ``such State'' and by inserting ``or Tribe'' 
                after ``the State''.
            (3) Subsection (d)(2) 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 are 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 levels or non-zero 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) Subsection (d)(2)(D) (as redesignated by paragraph (3)) 
        is amended by striking clause (iv).
            (5) Subsection (d)(4) is amended--
                    (A) by redesignating subparagraphs (A), (B), (C), 
                (D), (E), and (F) as clauses (i), (ii), (iii), (iv), 
                (v), and (vi), respectively;
                    (B) by capitalizing the first word in each of those 
                clauses (as so redesignated);
                    (C) by striking the semicolon and inserting a 
                period at the end of each of clauses (i), (ii), (iii), 
                and (iv) (as so redesignated);
                    (D) by striking ``; or'' at the end of clause (v) 
                (as so redesignated) and inserting a period;
                    (E) by striking ``President finds that--'' and 
                inserting ``President finds any of the following:'';
                    (F) in clause (iii) (as so redesignated) by adding 
                at the end the following: ``Findings of technical 
                impracticability from an engineering perspective may be 
                based on engineering feasibility and reliability or 
                inordinate costs and may be made as soon as adequate 
                and reliable information is available to make the 
                finding.'';
                    (G) by inserting ``(A)'' before ``The President may 
                select'';
                    (H) by designating the text following clause (vi) 
                as subparagraph (B); and
                    (I) by adding at the end the following new 
                subparagraph:
    ``(C) In any case where the President, in making a finding of 
technical impracticability pursuant to clause (iii) of subparagraph 
(A), waives any requirement, standard, criteria, or limitation 
specified under paragraph (2)(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 (2)(A) including, as appropriate, the 
        provision of an alternate water supply.
            ``(ii) Assurance that source areas that may continue to 
        release hazardous substances, pollutants, or contaminants to 
        ground or surface waters shall be contained to the extent 
        technically feasible. Treatment shall be required to reduce the 
        mass or hazard of residual contamination unless technically 
        impracticable from an engineering perspective.
            ``(iii) Unless technically impracticable from an 
        engineering perspective--
                    ``(I) prevention of 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; and
                    ``(II) prevention of any further impairment of an 
                already-impaired surface water designated use.
            ``(iv) Assurance that, unless technically infeasible, 
        ground water contamination shall be contained, 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 (including any information needed for the purposes of 
        review under section 121(c)).
            ``(vi) Assurance that, if the President has selected 
        alternative sources of water supply or methods of treating 
        contaminated water, including point-of-entry and point-of-use 
        treatment, the party or parties otherwise responsible for 
        remediation shall assume responsibility and liability for 
        providing drinking water meeting the requirements of levels 
        specified in paragraph (2)(A), including all associated 
        incremental costs for operation, maintenance, and delivery of 
        drinking water for present and anticipated future uses until 
        such time as the level of contamination is reliably and 
        consistently below the levels specified by paragraph (2)(A).''.
    (d) Procedural Requirements; Enforcement.--(1) 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.''.
    (2) Section 121(e)(2) is amended by adding the following after the 
first sentence: ``States may enforce such standards, requirements, 
criteria, or limitations regardless of whether the remedial action plan 
is selected by the Environmental Protection Agency or by a State 
pursuant to a cooperative agreement with the Environmental Protection 
Agency, and regardless of whether it is implemented pursuant to a 
consent decree, a unilateral or consent order, or an interagency 
agreement under section 120.''.
    (e) Risk Assessments.--Section 104(b)(1) of such Act is amended by 
adding at the end the following: ``The goal of any risk assessment 
performed under this Act is to provide informative and understandable 
estimates that neither minimize nor exaggerate the current or potential 
risks posed by a facility, to provide information about the nature, 
likelihood, and severity of risks, including qualitative descriptions 
of hazards and means of exposure, and to disclose any significant 
uncertainties and gaps in data.''.
    (f) Land Uses.--Section 121 of such Act is further amended by 
adding at the end the following new subsection:
    ``(g) Land Uses.--
            ``(1) Factors.--In selecting a remedy, the Administrator 
        shall take into account the reasonably anticipated future uses 
        of land at a facility and, to the extent appropriate, of nearby 
        property. In developing reasonable assumptions regarding 
        anticipated future land uses to be used in the development and 
        evaluation of remedial alternatives, the Administrator shall 
        consider the following factors, as appropriate:
                    ``(A) The views of elected local government 
                officials.
                    ``(B) The current land use zoning, future land use 
                plans of the local government with land use regulatory 
                authority, and water management plans.
                    ``(C) Views of the affected community, giving 
                substantial weight to recommendations of any Community 
                Advisory Group as provided under section 117(g) or, as 
                appropriate, a restoration or site-specific advisory 
                board.
                    ``(D) The land use history of the facility and 
                surrounding properties, the current land uses of the 
                facility and surrounding properties, recent development 
                patterns in the area where the facility is located, and 
                population projections for that area.
                    ``(E) Federal or State land use designations, 
                including national park designations, State ground 
                water or surface water recharge area designations 
                established under a State's comprehensive protection 
                plan for ground water or surface water or other State 
                or Federal delineations of underground sources of 
                drinking water, and recreational area designations.
                    ``(F) The potential for beneficial use.
                    ``(G) Beneficial uses of underlying ground water, 
                as determined under subsection (h).
                    ``(H) The proximity of the contamination to 
                residences, sensitive populations or ecosystems, 
                natural resources, or areas of unique historic or 
                cultural significance.
                    ``(I) Current plans for the future use of the 
                facility by the property owner or owners, not including 
                potential remedial measures.
                    ``(J) Navigational and transportation uses that may 
                be affected by the facility.
                    ``(K) Reasonably anticipated ecological services 
                provided by the resource.
                    ``(L) Tribal land use designations for a facility 
                in Indian country (as defined in 18 U.S.C. 1151)
                    ``(M) Any additional factors the Administrator 
                considers appropriate.
        Restrictive future land use assumptions can be used in 
        evaluating remedial alternatives only to the extent that 
        institutional controls meeting the criteria of subsection (i) 
        and section 104 have been or will be adopted as part of a 
        remedial action.
            ``(2) Administrative record.--All information considered by 
        the President in evaluating reasonably anticipated future land 
        uses under this subsection shall be included in the 
        administrative record under section 113(k).''.
    (g) Ground Water Uses.--Section 121 of such Act is further amended 
by adding at the end the following new subsection:
    ``(h) Ground Water Uses.--
            ``(1) Determination of water uses.--
                    ``(A) In selecting a remedial action to restore 
                ground water to drinking water or other beneficial use, 
                the President shall defer to a State's classifications 
                and designations relating to ground water if the 
                President finds that they were developed--
                            ``(i) based on an aquifer or watershed 
                        analysis or relevant hydrogeological 
                        information;
                            ``(ii) with participation of the public;
                            ``(iii) in consultation with water 
                        suppliers; and
                            ``(iv) using methodology that is 
                        consistently applied throughout the State.
                    ``(B) In a case in which there is no deference 
                under subparagraph (A) to State classifications and 
                designations, or if interstate ground water resources 
                may be affected by the release or threatened release 
                and the affected States do not agree on the reasonably 
                anticipated beneficial uses of the interstate ground 
                water, the Administrator shall determine the reasonably 
                anticipated beneficial uses of ground water potentially 
                impacted by releases from the facility following 
                consultation with the affected States and consideration 
                of relevant factors, including, as appropriate, the 
                current and anticipated uses planned by local water 
                suppliers.
                    ``(C) In a case in which there is no deference 
                under subparagraph (A) to State classifications and 
                designations, the Administrator shall begin the 
                determination of the reasonably anticipated beneficial 
                use of ground water with the presumption that ground 
                water is reasonably anticipated to be used as drinking 
                water. Such presumption may be overcome through site-
                specific information identified during the analysis of 
                relevant factors under subparagraph (B).
            ``(2) Exclusion of certain ground waters.--(A) For purposes 
        of this section, ground water in the State that may be used for 
        drinking water does not include any of the following:
                    ``(i) Ground water containing more than 10,000 
                milligrams per liter total dissolved solids from 
                naturally occurring sources.
                    ``(ii) Ground water that is so contaminated by 
                naturally occurring conditions or by the effects of 
                broad-scale human activity unrelated to a specific 
                activity that restoration of drinking water quality is 
                impracticable.
                    ``(iii) Ground water from which the potential 
                source of drinking water is physically incapable of 
                yielding a quantity of 150 gallons per day of water to 
                a well or spring, unless available information 
                indicates that such source is or has been used as a 
                source of drinking water.
            ``(B) Notwithstanding subparagraph (A), ground water 
        described in clause (i), (ii), or (iii) of that subparagraph 
        may be used for drinking water in a State if the State has made 
        a specific classification or designation that the ground water 
        described in such clause may be used for drinking water and the 
        President finds such classification or designation was 
        developed as described in paragraph (1)(A).''.
    (h) Institutional Controls.--Section 121 of such Act is further 
amended by adding at the end the following new subsection:
    ``(i) Institutional Controls.--
            ``(1) In general.--The President may not select a remedial 
        action that allows hazardous substances, pollutants, or 
        contaminants to remain onsite 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. The President may use 
        institutional controls as a supplement to, but not as a 
        substitute for, other response measures, except in 
        extraordinary circumstances.
            ``(2) Assurances.--In any case in which the President 
        selects a response action that relies on restrictions on land 
        use or other activities to provide protection, the President 
        shall--
                    ``(A) ensure that such controls are adequate to 
                protect human health and the environment over the long 
                term;
                    ``(B) require measures to ensure that such controls 
                will be appropriately implemented, monitored, and 
                enforced;
                    ``(C) ensure that such controls have been developed 
                with opportunity for public participation in accordance 
                with section 117, identified in the register 
                established under section 104(k)(12), and incorporated 
                in the recordation systems of the appropriate 
                jurisdiction in which the property is located; and
                    ``(D) ensure that such controls shall remain in 
                effect until the President determines they are no 
                longer necessary to protect human health and the 
                environment.
            ``(3) Use of institutional controls.--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. If, after the 
        record of decision is signed, the President determines that 
        there must be a change in the nature or form of institutional 
        controls at the facility, such change shall be undertaken 
        consistent with section 117 and notice shall be given pursuant 
        to the requirements of section 104.
            ``(4) Facility fund.--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 may be established 
        specifically for that facility in an amount sufficient to 
        guarantee successful performance of a remedy at the facility. 
        The fund shall consist of amounts deposited into it by 
        potentially responsible parties. The amounts in the fund shall 
        be held in escrow by a non-Federal entity (other than a 
        potentially responsible party) for use at the specific facility 
        for any response necessary in the event that the remedial 
        action is not protective of human health and the environment. 
        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.''.
    (i) Contaminated Media.--Section 121 of such Act is further amended 
by adding at the end the following new subsection:
    ``(j) Contaminated Media.--
            ``(1) Compliance with standards for wastes subject to land 
        disposal prohibition.--Compliance at a facility with standards 
        promulgated under section 3004(m) of the Solid Waste Disposal 
        Act (42 U.S.C. 6924(m)) before January 1, 1998, shall not be 
required with respect to return, replacement, or disposal of 
contaminated media and residuals of such media into the same medium in 
or very near existing areas of contamination on-site, upon the 
effective date of standards promulgated by the Administrator 
specifically for contaminated media.
            ``(2) Compliance with minimum technological requirements.--
        Compliance at a facility with standards promulgated under 
        section 3004(o) of the Solid Waste Disposal Act (42 U.S.C. 
        6924(o)) before January 1, 1998, shall not be required with 
        respect to temporary placement of contaminated media or 
        residuals of such media into the same medium in or very near 
        existing areas of contamination on-site, upon the effective 
        date of standards promulgated by the Administrator specifically 
        applicable to units for such temporary placement.''.
    (j) 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 section 121(d)(2) 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. 302. 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) Hazardous Substance Property Use.--
            ``(1) Authority of president 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 
        a hazardous substance easement by purchase or other agreement, 
        by condemnation, or by any other means permitted by law, at 
        fair market value, or for other consideration as agreed to by 
        the parties, a hazardous substance easement which restricts, 
        limits, or controls the use of land or other natural resources, 
        including specifying permissible or impermissible uses of land, 
        prohibiting specified activities upon property, prohibiting the 
        drilling of wells or use of ground water, or restricting the 
        use of surface water.
            ``(2) Use of easements.--A hazardous substance easement 
        under this subsection may be used wherever institutional 
        controls have been selected as a component of a response action 
        in accordance with this Act and the National Contingency Plan.
            ``(3) Persons subject to easements.--A hazardous substance 
        easement shall be enforceable in perpetuity (unless terminated 
        and released as provided for in this section) against any owner 
        of the affected property and all persons who subsequently 
        acquire an interest in the property or rights to use the 
        property, including lessees, licensees, and any other person 
        with an interest in the property, without respect to privity or 
        lack of privity of estate or contract, lack of benefit running 
        to any other property, assignment of the easement to another 
        party or sale or other transfer of the burdened property, or 
        any other circumstance which might otherwise affect the 
        enforceability of easements or similar deed restrictions under 
        the laws of the State. The easement shall be binding upon 
        holders of any other interests in the property regardless of 
        whether such interests are recorded or whether they were 
        recorded prior or subsequent to the easement, and shall remain 
        in effect notwithstanding any foreclosure or other assertion of 
        such interests.
            ``(4) Contents of easements.--A hazardous substance 
        easement shall contain, at a minimum--
                    ``(A) a legal description of the property affected;
                    ``(B) the name or names of any current owner or 
                owners of the property as reflected in public land 
                records;
                    ``(C) a description of the release or threatened 
                release; and
                    ``(D) a statement as to the nature of the 
                restriction, limitation, or control created by the 
                easement.
            ``(5) Recording and filing of easement.--Whenever the 
        President acquires a hazardous substance easement or assigns a 
        hazardous substance easement to another party, the President 
        shall record the easement in the public land records for the 
        jurisdiction in which the affected property is located. If the 
        State has not by law designated one office for the recording of 
        interests in real property or claims or rights burdening real 
        property, the easement shall be filed in the office of the 
        clerk of the United States district court for the district in 
        which the affected property is located and the registry.
            ``(6) Costs of obtaining easements.--The costs of 
        obtaining, ensuring adequate public notice of, and otherwise 
        tracking and maintaining the protections afforded by the 
        easements or other institutional controls shall be considered 
        response costs which are recoverable under this Act.
            ``(7) Assignment of easements to parties other than the 
        president.--
                    ``(A) Authority to assign.--The President may, 
                where appropriate and with the consent of the State, 
                assign an easement acquired under this subsection to a 
                State or political subdivision of a State that has the 
                capability of effectively enforcing the easement over 
                the period of time necessary to achieve the purposes of 
                the easement. In the case of any assignment, the 
                easement shall also be fully enforceable by the 
                assignee. Any assignment of such an easement by the 
                President may be made by following the same procedures 
                as are used for the transfer of an interest in real 
                property to a State under section 104(j).
                    ``(B) Easements held by other persons.--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.
            ``(8) Public notice.--Not later than 180 days after the 
        date of the enactment of this subsection, the President shall 
        issue regulations regarding the procedures to be used for 
        public notice of proposed property use restrictions. Such 
        regulations shall ensure that before acquiring a hazardous 
        substance easement, and before recording any notice of such 
        easement, the President will give notice and an opportunity to 
        comment to the owner of the affected property, all other 
        persons with recorded interests in the property, any lessees or 
        other authorized occupants of the property known to the 
        President, the State and any municipalities in which the 
        property is located, any relevant community work group 
        established under section 117, the affected community and the 
        general public.
            ``(9) Termination or modification of easements.--An 
        easement acquired under this subsection shall remain in force 
        until the holder of the easement executes and records a 
        modification or termination and release in accordance with the 
        terms of the easement and approved by the Administrator. Such 
        modification or termination shall be recorded in the same 
        manner as the easement.
            ``(10) Enforcement.--
                    ``(A) Effect of violations.--Violation of any 
                restriction, limitation, or control imposed under a 
                hazardous substance easement shall have the same effect 
                as failure to comply with an order issued under section 
                106 and relief may be sought either in enforcement 
                actions under section 106(b)(1), section 120(g), or 
                section 130(e), by States under section 121(e)(2), or 
                in citizens suits under section 310. No citizens suit 
                under section 310 to enforce such a notice may be 
                commenced if the holder of the easement has commenced 
                and is diligently prosecuting an action in court to 
                enforce the easement.
                    ``(B) Enforcement actions.--The President may take 
                appropriate enforcement actions to ensure compliance 
                with the terms of the easement whenever the 
                Administrator of the Environmental Protection Agency 
                determines that the terms set forth in the easement are 
                being violated. If the easement is held by a party 
                other than the President and that party has not taken 
                appropriate enforcement actions, the President may 
                notify the party of the violation. If the party does 
                not take appropriate enforcement actions within 30 days 
                of such notification, or sooner in the case of an 
                imminent hazard, the President may initiate such 
                enforcement actions.
                    ``(C) Savings clause.--Nothing in this section 
                shall limit rights or remedies available under other 
                laws.
            ``(11) Applicability of other provisions.--Holding a 
        hazardous substance easement shall not in itself subject either 
        the holder thereof or the owner of the affected property to 
        liability under section 107. Any such easement acquired by the 
        President shall not be subject to the requirements of section 
        104(j)(2) or 120(h). Nothing in this subsection limits or 
        modifies the authority of the President pursuant to section 
        104(j)(1).
            ``(12) 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.''.

SEC. 303. REMOVAL ACTIONS.

    Section 104(c)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(1)) is 
amended--
            (1) by striking ``consistent with the remedial action to be 
        taken'' and inserting ``not inconsistent with any remedial 
        action that has been selected or is anticipated at the time of 
        the removal action,'';
            (2) by striking ``$2,000,000'' and inserting 
        ``$4,000,000''; and
            (3) by striking ``12 months'' and inserting ``two years''.

           TITLE IV--COMMUNITY PARTICIPATION AND HUMAN HEALTH

                  Subtitle A--Community Participation

SEC. 401. 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 or 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.''.

SEC. 402. 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 $5,000 or 10 percent of the total grant 
        amount available to the grant recipient, in advance of the 
        expenditures to be covered by the grant.
            ``(3) Grant availability.--The Administrator shall promptly 
        notify residents and Indian tribes living near a covered 
        facility that a technical assistance grant is available under 
        this section.
            ``(4) Number of tags per facility.--Except as provided in 
        this paragraph, not more than one grant may be made at a time 
        under this subsection with respect to a single covered 
        facility, but the grant may be renewed to facilitate public 
        participation at all stages of response action. Limits shall be 
        established with respect to the number of years for which 
        grants may be available based on the duration, type, and extent 
        of response activity at a facility. The Administrator may 
        provide more than one grant under this subsection with respect 
        to a single covered facility, considering such factors as the 
        area affected by the facility and the distances between 
        affected communities.
            ``(5) Funding amount.--The initial amount of any grant 
        under this subsection may not exceed $50,000 for a single grant 
        recipient. Except that, the Administrator may increase the 
        amount of the grant if the grant recipient demonstrates that 
        the covered facility's characteristics indicate additional 
        funds are necessary due to the complexity of the response 
        action, including the size and complexity of the facility, or 
        nature or volume of site-related information. In addition, the 
        Administrator must find that the grant recipient's management 
        of a previous grant award, if any, was satisfactory, and the 
        costs incurred under the award are allowable and reasonable.
            ``(6) Simplification.--To ensure that the application 
        process is accessible to all affected citizens, the 
        Administrator shall review the existing guidelines and 
        application procedures for the TAG grants and, within 180 days 
        after the enactment of this section, revise, as appropriate, 
        such guidelines and procedures to simplify the process of 
        obtaining such grants.
            ``(7) Authorized grant activities.--
                    ``(A) Interpretation of information.--Grants 
                awarded under this subsection may be used to obtain 
                technical assistance in interpreting information and 
                providing input with regard to (i) the nature of the 
                hazard at a facility; (ii) sampling and monitoring 
                plans; (iii) the remedial investigation and feasibility 
                study; (iv) the record of decision; (v) the selection, 
                design, and construction of the remedial action; (vi) 
                operation and maintenance; (vii) removal activities at 
                such facility; or (viii) health assessment or related 
                health activity.
                    ``(B) Additional activities.--Grants awarded under 
                this section also may be used (i) to obtain technical 
                assistance in interpreting information used to rank 
                facilities according to the Hazard Ranking System, (ii) 
                to hire health experts to advise affected residents on 
                health assessment and data gathering efforts and 
                response activities, and on the design of any health 
                studies that a government agency performs, (iii) to 
                hire technical experts to file comments with 
                governmental agencies and generate other documents as 
                necessary to ensure full participation by the grant 
                recipient, (iv) to publish newsletters or otherwise 
                finance the dissemination of information to other 
                members of the community, and (v) to evaluate the 
                reliability of long-term operation and maintenance and 
                institutional controls. In addition, not more than 10 
                percent of the amount of a technical assistance grant 
                under this section may be used for training, hiring of 
                neutral professionals to facilitate deliberations and 
                consensus efforts or hiring community liaisons to 
                potentially responsible parties and government 
                agencies.
                    ``(C) Availability of information.--Information 
                generated by the recipients of grants under this 
                section shall be made available, as appropriate, to the 
                appropriate Waste Site Information 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.''.
    (b) Improving Citizen and Community Participation.--(1) Such 
section 117 is amended by redesignating paragraphs (1) and (2) of 
subsection (a) as subparagraphs (A) and (B), by striking ``under 
paragraph (1)'' in such subsection (a) and inserting ``under 
subparagraph (A)'', by redesignating such subsection (a) as paragraph 
(4), by redesignating subsections (b) and (c) as paragraphs (6) and (7) 
of subsection (a), and by inserting the following immediately after the 
section heading:
    ``(a) Improving Citizen and Community Participation in 
Decisionmaking.--
            ``(1) In general.--In order to provide an opportunity for 
        meaningful public participation in every significant phase of 
        response activities under this Act, the President shall take 
        the actions specified in this subsection. Public meetings 
        required under this subsection shall be designed to obtain 
        information from the community and disseminate information to 
        the community concerning the President's facility activities 
        and pending decisions.
            ``(2) Health assessment and preliminary assessment and site 
        inspection.--The President shall provide the opportunity for 
        public meetings and publish a notice of such meetings before or 
        during performance of the health assessment or related health 
        activity and the preliminary assessment and site inspection, as 
        appropriate. Where the President determines a meeting is not 
        appropriate at the preliminary assessment and site inspection 
        stage, the President shall provide adequate public notice of 
        that decision. To the extent practicable, before or during the 
        health assessment or related health activity and site 
        inspection, the President shall solicit and evaluate concerns, 
        interests, and information from the Community Advisory Group, 
        if any, affected Indian Tribes, the affected community, local 
government officials and local health officials. The evaluation shall 
include, as appropriate, face-to-face community surveys to identify the 
location of private drinking water wells, potential exposure pathways, 
including historic and current or potential use of water, and other 
environmental resources in the community; a public meeting; written 
responses to significant concerns; and other appropriate participatory 
activities.
            ``(3) Remedial investigation and feasibility study.--The 
        President shall provide the opportunity for public meetings and 
        publish a notice of such meetings before or during the Remedial 
        Investigation and Feasibility Study (RI/FS). During the 
        remedial investigation and feasibility study, the President 
        shall solicit the views and preferences of the Community 
        Advisory Group, if any, affected Indian Tribes, the affected 
        community, local government officials and local health 
        officials on the remediation and disposition of hazardous 
        substances, pollutants, or contaminants at the facility. Such 
        views and preferences shall be described in the remedial 
        investigation and feasibility study and considered in the 
        screening of remedial alternatives for the facility.''.
    (2) Such section 117, as amended by this subsection, is amended by 
adding the following new paragraph after paragraph (4) of subsection 
(a):
            ``(5) Completion of work plan.--The President shall provide 
        the opportunity for public meetings and publish a notice of 
        such meetings before or during the completion of the work plan 
        for the Remedial Design and Remedial Action.''.
    (3) Such section 117, as amended by this subsection, is amended by 
adding the following new paragraphs after paragraphs (6) and (7).
            ``(8) Alternatives.--Pursuant to paragraph (4), members of 
        the Community Advisory Group, if any, affected Indian Tribes, 
        the affected community, local government officials and local 
        health officials may propose remedial alternatives to the 
        President, and the President shall consider such alternatives 
        in the same manner as the President considers alternatives 
        proposed by other parties.
            ``(9) Selecting appropriate procedures.--In determining 
        which of the procedures set forth in paragraph (2) may be 
        appropriate, the Administrator may consult with the Community 
        Advisory Group, if any, affected Indian Tribe, the affected 
        community, local government officials and local health 
        officials.
            ``(10) Providing information.--The President, with the 
        assistance of the Waste Site Information 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 facility. The President, on a regular basis, 
        shall inform such entities of the progress and substance of 
        technical meetings between the lead agency and potentially 
        responsible parties regarding a covered facility. The President 
        shall notify the Community Advisory Group, if any, affected 
        Indian Tribes, the affected community, local government 
        officials and local health officials concerning--
                    ``(A) the schedule for commencement of construction 
                activities at the covered facility and the location and 
                availability of construction plans;
                    ``(B) the results of any review under section 
                121(c) and any modifications to the covered facility 
                made as a result of the review; and
                    ``(C) the execution of and any revisions to 
                institutional controls being used as part of a remedial 
                action.''.
    (4) Such section 117 is amended by striking ``major'' in subsection 
(d).
    (5) Such section 117 is amended by adding the following new 
subsection after subsection (a), as amended by this section:
    ``(b) Additional Public Involvement Requirements.--(1) The 
President shall make records relating to the facility available to the 
public throughout all phases of response action at the facility. Such 
information shall be made available to the public for inspection and 
copying without the need to file a formal request subject to reasonable 
service charges as appropriate. This paragraph shall not apply to a 
record that is exempt from disclosure under section 552 of title 5, 
United States Code, or to any record that is exchanged between parties 
to a dispute under this Act for the purposes of settling the dispute.
    ``(2) The President, in carrying out responsibilities under this 
Act, shall ensure that the presentation of information on risk is 
unbiased and informative and clearly discloses any uncertainties and 
data gaps.
    ``(3) Notwithstanding any other provision of this subsection, in 
the case of a removal action taken in accordance with section 104 which 
is expected to extend beyond 180 days, the President shall comply with 
the requirements of this section unless the President determines that 
such compliance presents an imminent and substantial endangerment to 
human health or the environment. Whenever the planning period for a 
removal action is expected to be greater than 180 days, the 
Administrator shall provide the Community Advisory Group, if any, 
affected Indian Tribes, the affected community, local government 
officials and local health officials with notice of the anticipated 
removal action and a public comment period of no less than 30 days.''.
    (6) Such section 117 is amended by adding the following new 
subsection after subsection (e):
    ``(f) Understandable Presentation of Materials.--The President 
shall ensure that information prepared for distribution to the public 
under this section shall be provided or summarized in a manner that may 
be easily understood by the community, considering any unique cultural 
needs of the community, including presentation of information orally 
and distribution of information in languages other than English, as 
appropriate.''.

SEC. 403. WASTE SITE INFORMATION 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 402:
    ``(c) Waste Site Information 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 site on the National 
                Priorities List, or an Indian Tribe in the case of such 
                a site in Indian country (as defined in 18 U.S.C. 
                1151), shall establish a Waste Site Information 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 Waste Site 
                Information Office and is eligible for funding under 
                paragraph (2).
                    ``(C) Process.--Each State or tribe shall decide 
                the process for establishing a Waste Site Information 
                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 that can perform the 
functions of a Waste Site Information Office, the Administrator shall 
establish an office within the Environmental Protection Agency to 
perform the functions.
            ``(2) Funding.--
                    ``(A) In general.--Funding for the operation of 
                Waste Site Information Offices, or State, tribal, or 
                Environmental Protection Agency offices that perform 
                similar functions, collectively, shall not exceed 
                $25,000,000 for a fiscal year.
                    ``(B) State or tribe grants.--Each State or Indian 
                tribe that has a Waste Site Information Office, or each 
                State, Indian tribe, or Environmental Protection Agency 
                office performing the functions of a Waste Site 
                Information Office, shall receive not less than 
                $100,000, and not more than $500,000, for a fiscal 
                year.
                    ``(C) Formula.--
                            ``(i) In general.--The Administrator shall 
                        publish guidelines establishing a formula for 
                        determining the actual amount of funding for 
                        each Waste Site Information Office.
                            ``(ii) Factors.--The formula shall include 
                        factors such as the number of facilities 
                        potentially eligible for or on the National 
                        Priorities List that would be covered by the 
                        Waste Site Information Office.
            ``(3) Functions.--
                    ``(A) In general.--A Waste Site Information Office 
                for a State or Indian tribe shall--
                            ``(i) assist the Administrator in 
                        disseminating information regarding covered 
                        facilities, information regarding the existence 
                        of the Office and its services, information 
                        regarding opportunities to participate under 
                        this Act, and in notifying citizens of public 
                        meetings, notifying the community living or 
                        working near a facility of the opportunity to 
                        establish a community advisory group, 
                        availability of TAGs, informing citizens of 
                        their rights under this Act, and 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 reservation; 
                        and
                            ``(ii) serve as a clearinghouse, maintain 
                        records, and provide electronic access as 
                        appropriate, for waste site information, 
                        including a description of the Administrator's 
                        process for identifying covered facilities and 
                        undertaking response actions under this Act and 
                        a list of covered facilities located in the 
                        State or in Indian country (as defined in 18 
                        U.S.C. 1151) and, with respect to each such 
                        covered facility to the extent information 
                        becomes available--
                                    ``(I) the location, name of owner 
                                or operator, and characteristics of the 
                                covered facility;
                                    ``(II) the hazardous substances, 
                                pollutants, and contaminants present, 
                                including the quantities and relative 
                                toxicities of the substances, 
                                pollutants, and contaminants;
                                    ``(III) the response actions being 
                                taken, including records of any 
                                institutional controls that are 
                                included in the response actions;
                                    ``(IV) any health data generated in 
                                connection with the covered facility;
                                    ``(V) the status of the response 
                                actions at the covered facility;
                                    ``(VI) any report generated as a 
                                result of a review under section 
                                121(c);
                                    ``(VII) the location of the 
                                Administrative Record created for the 
                                facility, if any, under section 113(k); 
                                and
                                    ``(VIII) any ongoing operation and 
                                maintenance requirements or 
                                institutional controls in place.
                    ``(B) Report.--
                            ``(i) In general.--Each Waste Site 
                        Information Office shall annually submit a 
                        report to the Administrator regarding 
                        performance of its duties and shall certify in 
                        the report that any funds used under paragraph 
                        (2) by the Waste Site Information Office have 
                        been used in compliance with the requirements 
                        of this subsection.
                            ``(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. 404. 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 facility is located, or 10 percent of the 
                population of a locality in which the National 
                Priorities List facility is located, whichever is less, 
                petition for a Community Advisory Group to be 
                established.
            ``(2) Duties.--Each Community Advisory Group shall provide 
        information and views to the President, and, as appropriate, 
        any or all of the following: the Agency for Toxic Substances 
        and Disease Registry, State regulatory agencies, Federal 
        agencies, Federal, State, and tribal natural resource trustees, 
        and potentially responsible parties conducting response 
        actions. The information and views reported shall include the 
        various subjects related to facility remediation, including 
        facility health studies, potential remedial alternatives, and 
        selection and implementation of remedial and removal actions. 
        The Community Advisory Group shall attempt to achieve consensus 
        among its members before reporting positions to agencies or 
        potentially responsible parties. In cases in which consensus 
        cannot be reached, the Community Advisory Group shall allow the 
        presentation of divergent views.
            ``(3) Land use recommendations.--To obtain greater 
        community input into and support for remedial decisions 
        affecting future land use, the Administrator shall consult with 
        the Community Advisory Group, if any, affected Indian Tribes, 
        the affected community, local government officials and local 
        health officials on a regular basis throughout the remedy 
        selection process regarding the reasonably anticipated future 
        use of land at the facility and any institutional controls 
        required to assure that land use restrictions remain in effect. 
        The Community Advisory Group may offer recommendations on the 
        reasonably anticipated future use of land at the facility to 
        the Administrator at any time prior to the selection of a 
        remedy at the facility. The land use recommendation shall 
        consider at a minimum, applicable comprehensive land use plans 
        and the other criteria for determining future land use set 
        forth in section 121(g)(1). The Administrator shall not be 
        bound by any recommendation of the Community Advisory Group. In 
        considering the views of the affected community, the 
        Administrator shall give substantial weight to a consensus 
        recommendation of the Community Advisory Group regarding the 
        reasonably anticipated future use of land at the facility. In 
        cases in which there is substantive disagreement within the 
        Community Advisory Group over a recommendation regarding the 
        reasonably anticipated future use of land at the facility, the 
        Administrator shall make reasonable efforts to reconcile the 
        differences. In the event of continued substantive 
        disagreement, substantial weight shall be given to the views of 
        the residents in the affected community. Should the 
        Administrator make a determination that is inconsistent with a 
        consensus Community Advisory Group recommendation on the 
        reasonably expected future use of land at the facility, the 
        Administrator shall issue a written explanation for the 
        inconsistency.
            ``(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 of the community near the facility and the 
        diversity of interests. Local residents shall comprise a 
        majority of the total membership of the CAG. At least one 
        person in this group shall represent the Technical Assistance 
        Grant recipient if such a grant has been awarded under 
        subsection (e). To the extent possible, the President shall 
        ensure that members of the following groups are represented on 
        a CAG:
                    ``(A) Persons residing or owning residential 
                property near the facility or persons who may be 
                directly affected by the releases from the facility.
                    ``(B) Persons who, although not residing or owning 
                property near the facility, may be potentially affected 
                by releases from the facility.
                    ``(C) Local medical community practicing in the 
                community.
                    ``(D) Members of local Indian tribes or Indian 
                communities.
                    ``(E) Local citizen, civic, environmental, or 
                public interest groups with members residing in the 
                community.
                    ``(F) Current and former employees of the facility 
                during facility operation.
                    ``(G) Local business community.
            ``(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 and the State, 
        representatives chosen by the governing body of local Indian 
        tribes or Indian community local governments (which may include 
        pertinent city or county governments, or both), and any other 
        governmental unit which regulates land use in the vicinity of 
        the facility, as appropriate; and nonresidential owners, 
        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, 
        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 
        Waste Site Information Offices. The Administrator and Waste 
        Site Information 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; future land use 
        determinations and use of institutional controls; and the 
        population, race, ethnicity, and income characteristics of each 
        community affected by each facility listed or proposed for 
        listing on the National Priorities List.
            ``(3) Evaluation.--The Administrator shall evaluate the 
        information in the study to determine whether priority setting, 
        response actions, and public participation requirements were 
        conducted in a fair and equitable manner and identify program 
        areas that require improvements or modification.
            ``(4) Actions based on evaluation.--The Administrator shall 
        institute the necessary improvements or modifications to 
        address any deficiencies identified by the study prepared under 
        this section.''.

SEC. 405. 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. 406. RECRUITMENT AND TRAINING PROGRAM.

    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 (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.''.

SEC. 407. FACILITY SCORING.

    Section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is amended by 
adding the following at the end thereof:
    ``(h) Facility Scoring.--The Administrator shall evaluate areas, 
such as Indian country or poor rural communities that warrant special 
attention and identify up to 5 facilities in each region of the 
Environmental Protection Agency that are likely to warrant inclusion on 
the National Priorities List. These facilities shall be accorded a 
priority in evaluation for NPL listing and scoring, and shall be 
evaluated for listing within 2 years after the date of enactment of 
this subsection.''.

                        Subtitle B--Human Health

SEC. 411. 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) In subparagraph (E) of paragraph (1) of subsection (i), 
        by striking ``admission to hospitals and other facilities and 
        services operated or provided by the Public Health Service'' 
        and inserting ``referral to health care providers''.
            (3) Paragraph (6)(A) of subsection (i) is amended to read 
        as follows:
    ``(A)(i) The Administrator of ATSDR shall perform a health 
assessment or related health activity (including biomedical testing, 
clinical evaluations, medical monitoring, and referral to accredited 
health care providers) at a minimum, for each facility listed or 
proposed for listing on the National Priorities List established under 
section 105, including a facility owned or operated by a department, 
agency, or instrumentality of the United States. Such health assessment 
or related health activity shall be completed for each facility listed 
or proposed for listing on the National Priorities List not later than 
1 year after the date of proposal for inclusion on such list for each 
facility.
    ``(ii) The Administrator of the Environmental Protection Agency and 
the Administrator of ATSDR shall develop strategies, in consultation 
with State, Tribal, and local health officials, to obtain relevant on-
site and off-site characterization data, taking into account the needs 
and conditions of the affected community.
    ``(iii) The Administrator of the Environmental Protection Agency 
shall, to the maximum extent practicable, provide the Administrator of 
ATSDR with the data and information necessary to make a public health 
determination in a timely manner to allow the Administrator of ATSDR to 
complete the assessment.
    ``(iv)(I) If appropriate, the Administrator of ATSDR shall provide 
recommendations for sampling environmental media to the Administrator 
of the Environmental Protection Agency as soon as practicable after 
discovering a release or threat of release of a hazardous substance or 
pollutant or contaminant at a facility.
    ``(II) To the maximum extent practicable, the Administrator of the 
Environmental Protection Agency shall incorporate the recommendations 
into the facility investigation activities.''.
            (4) Subparagraph (F) of paragraph (6) of subsection (i) is 
        amended to read as follows:
    ``(F) For the purposes of this subsection and section 111(c)(4), 
the term `health assessments' shall include preliminary assessments of 
the potential risk to human health, including children and other highly 
susceptible populations, posed by individual sites and facilities, 
based on such factors as the nature and extent of contamination, the 
past, present, or future existence of potential pathways of human 
exposure and the community's historic exposure to site-related and non-
site-related sources (including ground or surface water contamination, 
air emissions, and food chain contamination), the size and potential 
susceptibility of the community within the likely pathways of exposure, 
the comparison of expected human exposure levels to the short-term and 
long-term health effects associated with identified hazardous 
substances and any available recommended exposure or tolerance limits 
for such hazardous substances, and the comparison of existing morbidity 
and mortality data on diseases that may be associated with the observed 
levels of exposure.''.
            (5) In paragraph (14) of subsection (i), by striking 
        ``distribute to the States, and upon request to medical 
        colleges, physicians, and'' and inserting the following: 
        ``distribute to the States, including State health departments, 
        Tribal health officials, and upon request to medical colleges, 
        local health departments, medical centers, physicians, nursing 
        institutions, nurses, and'', by inserting ``(A)'' after 
        ``(14)'', and by adding the following at the end thereof:
    ``(B) The Administrator of ATSDR shall also assemble, develop, as 
necessary, and distribute to the general public and to at-risk 
populations appropriate educational materials and other information on 
human health effects of hazardous substances.''.

SEC. 412. 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. 413. 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 such Act (42 U.S.C. 
9604(i)(5)(A)) is amended as follows:
            (1) By inserting after ``program of research'' the 
        following: ``conducted directly or by such means as cooperative 
        agreements and grants with appropriate public and nonprofit 
        institutions. The program shall be''.
            (2) In the last sentence--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) by redesignating clause (iv) as clause (v); and
                    (C) by inserting after clause (iii) the following:
                            ``(iv) laboratory and other studies that 
                        can lead to the development of innovative 
                        techniques for predicting organ-specific, 
                        tissue-specific, and system-specific acute and 
                        chronic toxicity; and''.

SEC. 414. GRANT AWARDS, CONTRACTS, AND COMMUNITY ASSISTANCE ACTIVITIES.

    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, colleges, universities (including historically 
        black colleges and universities)''.
            (3) By adding at the end the following new subparagraph:
    ``(B) The Administrator of the Agency for Toxic Substances and 
Disease Registry, pursuant to the grants, cooperative agreements and 
contracts referred to in this paragraph, is authorized and directed to 
facilitate, where appropriate, the provision of health services to 
communities affected by the release of hazardous substances. Such 
health services may include diagnostic services, testing, counseling, 
specialized treatment, health data registries and preventative public 
health education.''.

SEC. 415. 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. 416. 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. 421. 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 subsections (b) and (c) of 
section 117, of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (as added by sections 402 and 403) shall 
become effective 180 days after the date of enactment of this Act.

                   TITLE V--NATURAL RESOURCE DAMAGES

SEC. 501. STATUTE OF LIMITATIONS.

    (a) Limitations Period for Claims.--Paragraph (1) of section 113(g) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C 9613(g)(1)) is amended as follows:
            (1) By striking so much of such paragraph as precedes the 
        words ``In no event may'' and inserting:
            ``(1)(A) With respect to any facility on the National 
        Priorities List (NPL), any Federal facility identified under 
        section 120 (42 U.S.C. 9620) (relating to Federal facilities), 
        or any vessel or facility at which a remedial action under this 
        chapter is otherwise scheduled, an action for natural resource 
        damages under this Act shall be commenced within 3 years after 
        the completion of the remedial action (excluding operation and 
        maintenance activities).
            ``(B) With respect to any facility at which there has been 
        a corrective action or closure under the Solid Waste Disposal 
        Act, a reclamation under the Uranium Mill Tailings Reclamation 
        Act, or a response action under a State remediation, hazardous 
        waste, water quality, or voluntary cleanup program approved 
        under section 127(i), an action for natural resource damages 
        under this Act shall be commenced before the later of the 
        following:
                    ``(i) 3 years from the date of enactment of the 
                Superfund Improvement Act of 1998.
                    ``(ii) 3 years from the date that the responsible 
                party provides all affected trustees notice of 
                completion of the cleanup.
            ``(C) With respect to all facilities other than those 
        identified in subparagraph (A) or (B), an action for natural 
        resource damages under this Act shall be commenced within 3 
        years after the completion of a restoration plan adopted after 
        the trustee provides the public and all other trustees of 
injured resources with adequate notice and opportunity for comment and 
considers all comments.''.
            (2) By inserting ``(D)'' before ``In no event may''.
    (b) Conforming Change.--Section 112(d)(2) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9613(d)(2)) is amended by striking out all after ``within'' and 
inserting the following: ``the period for commencing an action for 
natural resource damages under section 113(g)(1).''.

SEC. 502. COORDINATION WITH REMEDY AND COORDINATION AMONG TRUSTEES.

    (a) Coordination of Remedy and Restoration.--Section 107(f) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9607(f)) is amended by adding the following at the 
end thereof:
            ``(3) Relationship of restoration to response action.--A 
        Federal natural resource trustee, State natural resource 
        trustee, or Indian tribe natural resource trustee selecting a 
        restoration alternative shall take into account the extent to 
        which any removal or remedial action carried out or planned for 
        the facility under this Act or any other Federal or State law 
        has accomplished or will accomplish restoration. Both response 
        actions and restoration measures may be implemented at the same 
        facility, or to address releases from the same facility. Such 
        response actions and restoration measures shall be adequate to 
        meet the requirements of both response and restoration, shall 
        not be inconsistent with one another, and shall be implemented, 
        to the extent practicable, in a coordinated and integrated 
        manner.''.
    (b) Consideration of Natural Resources in Response Actions.--
Section 121(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9621(a)) is amended 
by adding the following at the end: ``In evaluating and selecting 
remedial actions, the President shall take into account the potential 
for injury to a natural resource resulting from such actions and the 
potential for mitigating injury to a natural resource by such 
actions.''.
    (c) Notification of Tribal Trustees.--Section 104(b)(2) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(b)(2)) is amended by striking ``Federal and 
State'' wherever it appears and inserting ``Federal, State, and 
tribal''.
    (d) Consultation With Trustees on Remedy.--Section 104(c)(2) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(c)(2)) is amended by inserting ``and the 
affected natural resource trustees'' after ``State or States''.
    (e) Development of Regulation.--Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9605) is amended by inserting the following at the end:
    ``(h) Coordination Among Trustees.--(1) The President shall 
promulgate a regulation providing for consultation with the affected 
natural resource trustees regarding the inclusion or deletion of 
particular facilities on or from the National Priorities List, 
coordination with affected trustees under section 104(b)(2), and 
coordination with affected trustees prior to the selection of response 
actions.
    ``(2)(A) All affected trustees of natural resources injured, 
destroyed, or lost as a result of the release at issue may participate 
in the trustees' selection of a plan for restoration of those resources 
which includes actions to restore, replace, or acquire the equivalent 
natural resources under the trusteeship of any participating trustee.
    ``(B) If an affected trustee elects not to participate in the 
selection of a plan, then the trustee shall not be eligible to obtain 
funding under section 111 (c)(1) or (c)(2).
    ``(C) The participating trustees shall designate a lead 
administrative trustee.
    ``(i) Disbursement of Funds to Trustees.--The President shall 
promulgate regulations providing for disbursement of funds under 
section 111 (c)(1) and (c)(2).''.

SEC. 503. USE OF RECOVERED SUMS.

    (a) In General.--The third and fourth sentences of section 
107(f)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9607(f)(1)) are each amended by 
striking ``restore, replace, or acquire'' and all that follows through 
the end of the sentence and inserting the following: ``restore or 
replace such natural resources in the watershed, aquifer, or regional 
ecosystem in which the injury to the resources occurred and for the 
benefit of the injured resources or to acquire the equivalent of such 
natural resources in the watershed, aquifer, or regional ecosystem in 
which the injury to the resources occurred.''.
    (b) Migratory Species.--Section 107(f)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(f)(1)) is amended by adding the following after the fourth 
sentence: ``In the case of a migratory species, recovered sums may be 
applied for restoration or replacement of such migratory species in a 
habitat in the migratory pathway of the species if all the trustees 
participating in the selection of a plan for restoration of the 
migratory species agree with such use of recovered sums.''.

SEC. 504. USE OF SUPERFUND FOR NATURAL RESOURCE DAMAGE ASSESSMENTS.

    Section 9507(c)(1)(A) of the Internal Revenue Code of 1986 is 
amended by inserting ``(4),'' after ``paragraphs (1), (2),'' in clause 
(i) and by striking ``other than paragraphs (1) and (2) thereof,'' in 
clause (ii).

                      TITLE VI--FEDERAL FACILITIES

SEC. 601. 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 (including 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 Superfund Improvement 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).

SEC. 602. 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. 603. ENFORCEABILITY OF FEDERAL COMPLIANCE AGREEMENTS.

    Section 120(e) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended by 
adding the following at the end:
            ``(7) 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 
        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.''.

SEC. 604. REQUIREMENTS RELATING TO PROPERTY TRANSFERRED BY FEDERAL 
              AGENCIES.

    (a) Additional Requirement Relating to Leases of Property Located 
at Closing Military Installations.--Section 120(h)(3)(B) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9620(h)(3)(B)) is amended in the last sentence--
            (1) by striking out ``and'' before ``that there are 
        adequate''; and
            (2) by adding before the period at the end the following: 
        ``, and that such lease is unlikely to result in the head of 
        any department or agency having to hold harmless, defend, and 
        indemnify any person or entity pursuant to applicable law''.
    (b) Enforceable Agreement for Remedial Action.--(1) Clause (i) of 
section 120(h)(3)(C) of such Act (42 U.S.C. 9620(h)(3)(C)) is amended--
                    (A) by redesignating subclauses (III) and (IV) as 
                subclauses (V) and (VI), respectively; and
                    (B) by inserting after subclause (II) the 
                following:
                                    ``(III) the Federal agency 
                                requesting deferral has entered into an 
                                enforceable agreement containing a 
                                cleanup plan that identifies all 
                                response actions needed to be taken and 
                                schedules for completion of such 
                                actions;
                                    ``(IV) the Federal agency 
                                requesting deferral has identified the 
                                institutional controls that are to be 
                                relied on during and after the period 
                                of deferral and the enforcement 
                                mechanisms that will ensure the 
                                effectiveness of such controls;''.
    (2) Clause (ii) of section 120(h)(3)(C) of such Act (42 U.S.C. 
9620(h)(3)(C)) is amended--
            (A) by redesignating subclauses (III) and (IV) as 
        subclauses (IV) and (V), respectively;
            (B) by inserting after subclause (II) the following:
                                    ``(III) provide that all 
                                restrictions on the use of the property 
                                shall apply to and be binding on any 
                                transferee or assignee, and that the 
                                United States and the State in which 
                                the property is located are third-party 
                                beneficiaries for purposes of enforcing 
                                the land use restrictions;''; and
            (C) in subclause (V), as so redesignated--
                    (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.''.
    (3) Clause (iv) of section 120(h)(3)(C) of such Act (42 U.S.C. 
9620(h)(3)(C)) is amended by striking ``any rights or obligations of a 
Federal agency (including any rights or obligations'' and inserting 
``any rights, obligations, or liability of a Federal agency under any 
Federal or State law (including any rights, obligations, or 
liability''.

SEC. 605. INNOVATIVE TECHNOLOGIES FOR REMEDIAL ACTION AT FEDERAL 
              FACILITIES.

    (a) In General.--Section 311 (42 U.S.C. 9660) is amended by adding 
at the end the following:
    ``(h) Federal Facilities.--
            ``(1) Designation.--The President may designate a facility 
        that is owned or operated by any department, agency, or 
        instrumentality of the United States, and that is listed or 
        proposed for listing on the National Priorities List, to 
        facilitate the research, development, and application of 
        innovative technologies for remedial action at the facility.
            ``(2) Use of facilities.--
                    ``(A) In general.--A facility designated under 
                paragraph (1) may be made available to Federal 
                departments and agencies, State departments and 
                agencies, and public and private instrumentalities, to 
                carry out activities described in paragraph (1).
                    ``(B) Coordination.--The Administrator--
                            ``(i) shall coordinate the use of the 
                        facilities with the departments, agencies, and 
                        instrumentalities of the United States and with 
                        other persons and instrumentalties; and
                            ``(ii) may approve or deny the use of a 
                        particular innovative technology for remedial 
                        action at any such facility.''.
    (b) Report to Congress.--Section 311(e) (42 U.S.C. 9660(e)) is 
amended--
            (1) by striking ``At the time'' and inserting the 
        following:
            ``(1) In general.--At the time''; and
            (2) by adding at the end the following:
            ``(2) Additional information.--A report under paragraph (1) 
        shall include information on the use of facilities described in 
        subsection (h)(1) for the research, development, and 
        application of innovative technologies for remedial activity, 
        as authorized under subsection (h).''.

                         TITLE VII--STATE ROLES

SEC. 701. DELEGATION OF AUTHORITY TO STATES.

    Title I of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended by title 
II of this Act, is further amended by adding after section 129 the 
following new section:

``SEC. 130. DELEGATION OF AUTHORITY TO STATES.

    ``(a) In General.--
            ``(1) Application for authority to take preremedial action 
        at non-npl facilities.--A State may apply to the Administrator 
        to take or require preremedial actions (including removal 
        actions) under a contract or cooperative agreement as provided 
        in this section at any non-federally owned or operated facility 
        within the boundaries of the State that is not listed on the 
        National Priorities List (NPL).
            ``(2) Application for authority to take response action at 
        npl facilities.--(A) A State may apply to the Administrator to 
        take or require any or all of the actions listed in 
        subparagraph (B) under a contract or cooperative agreement as 
        provided in this section at any non-federally owned or operated 
        facility within the boundaries of the State that is listed on 
        the National Priorities List (NPL) or to take or require 
        removal actions at any facility proposed for listing on the 
        National Priorities List.
            ``(B) The actions referred to in subparagraph (A) are the 
        following:
                    ``(i) Response actions under section 104.
                    ``(ii) Response actions under section 106(a) and 
                enforcement under section 106(b).
                    ``(iii) Cost recovery actions under section 107.
                    ``(iv) Remedy selections under section 121.
                    ``(v) Settlements under section 122.
                    ``(vi) Allocations under section 128.
                    ``(vii) Community participation activities under 
                section 117, other than the making of grants for 
                technical assistance under section 117(e).
            ``(3) Approval of application.--The Administrator shall 
        enter into a contract or cooperative agreement under this 
        section if the Administrator determines that the State--
                    ``(A) meets the qualification requirements set 
                forth in the regulations promulgated pursuant to 
                subsection (b); and
                    ``(B) with respect to authority to select remedial 
                actions and use allocation procedures, meets the 
                qualification requirements set forth in subsection (c).
    ``(b) Regulations.--The Administrator, in consultation with the 
States, shall promulgate regulations to implement this section. The 
regulations shall provide such additional qualifications for a contract 
or cooperative agreement under this section as the Administrator 
considers reasonable, including qualifications applicable to particular 
types of preremedial or response actions. The regulations shall include 
requirements that--
            ``(1) the Administrator must provide notice and an 
        opportunity for public comment on the application submitted 
        pursuant to subsection (a)(2);
            ``(2) entering into the contract or cooperative agreement 
        will not cause delay in the response action and will not result 
        in waste of Federal funds that have been obligated or expended; 
        and
            ``(3) in order for a State to qualify for a contract or 
        cooperative agreement with respect to a facility under this 
        section, the State may not be a major potentially responsible 
        party with respect to that facility.
    ``(c) Qualification Requirements With Respect to Selection of 
Remedial Action and Use of Allocation Procedures.--For purposes of 
subsection (a)(3)(B), with respect to a contract or cooperative 
agreement under this section for authority to select remedial action or 
to use the allocation procedures under section 128, the Administrator 
also shall make each of the following determinations:
            ``(1) The State has the capability to select remedial 
        actions or to use the allocation procedures under section 128, 
        including adequate legal authority, financial and personnel 
        resources, organization, and expertise.
            ``(2) The State meets any other qualifications set forth in 
        the regulations promulgated under subsection (b) for selecting 
        remedial actions or using the allocation procedures.
            ``(3) The State demonstrates a historical record of 
        performing similar response actions.
    ``(d) Requirements for Selection of Remedial Action.--In any 
contract or cooperative agreement that allows a State to select 
remedial actions, the State shall agree to select such remedial actions 
in accordance with all of the procedures and requirements set forth in 
sections 117 and 121 of this Act, the National Contingency Plan, and 
any other relevant regulations and guidelines adopted by the 
Administrator.
    ``(e) State Authority Regarding Enforcement of Selected Remedial 
Action.--(1) A State that selects a remedial action pursuant to a 
contract or cooperative agreement entered into under subsection (a) 
shall have the authority to enforce a settlement, order, or agreement 
requiring such remedial action (and the requirements of the remedial 
action) in the United States district court for the district in which 
the facility is located.
    ``(2) Such State also shall have the authority to enforce 
compliance with any standard, regulation, condition, requirement, 
order, or final determination of the State with respect to the remedial 
action. Such State also may seek civil penalties not to exceed $25,000 
per day for any violation of such standard, regulation, condition, 
requirement, order, or final determination. Such State may commence an 
action seeking such relief unless the standard, regulation, condition, 
requirement, order, or final determination is arbitrary, capricious, or 
contrary to law when reviewed upon the administrative record presented 
by the State.
    ``(3) In addition, if expressly provided in the contract or 
cooperative agreement, such State may waive a Federal requirement 
applicable to the remedial action in accordance with section 121.
    ``(f) Requirements for Enforcement and Allocation.--
            ``(1) Enforcement.--In the case of a contract or 
        cooperative agreement providing for a State to initiate an 
        enforcement action with respect to a facility for purposes of 
        recovering costs or compelling performance of a remedy at the 
        facility, the contract or cooperative agreement shall require 
        the State to provide for expedited settlements under section 
        122.
            ``(2) Use of allocation procedures.--(A) In the case of a 
        contract or cooperative agreement providing for a State to 
        initiate an enforcement action with respect to a facility 
        subject to mandatory allocation pursuant to section 128(b)(1), 
        the contract or cooperative agreement shall require the State 
        to use allocation procedures with respect to the facility. The 
        contract or cooperative agreement shall require the State to 
        initiate the allocation process by certifying each of the 
        following:
                    ``(i) The State has completed a potentially 
                responsible party search substantially consistent with 
                subsection (c) of section 128 and will make the results 
                of that search available to the allocator and the 
                parties.
                    ``(ii) The State has notified Federal, State, and 
                tribal natural resource trustees of the commencement of 
                the allocation process and, pursuant to section 
                104(b)(2), of potential damages to natural resources.
                    ``(iii) The facility would be subject to mandatory 
                allocation under section 128 if the President were 
                conducting the response action.
            ``(B) After the State has made a certification under 
        subparagraph (A), the Administrator shall initiate an 
        allocation in accordance with the terms of section 128. The 
        Administrator may assign to the State, by cooperative agreement 
        or otherwise, any responsibilities to conduct the allocation, 
        except that the Administrator and Attorney General shall retain 
        their authority relating to orphan share funding as provided by 
        this paragraph and in section 128, including the timing and 
        terms of payment (subject to the availability of funds pursuant 
        to section 128(m)). The State may accept or reject the 
        allocation report on the same basis as provided in section 
        128(h). If the State does not reject the allocation, it shall 
        use the allocator's report as the basis of State settlements. 
The State may recover the costs of the allocation pursuant to State law 
or the provisions of this Act.
            ``(D) The President, through either the Administrator or 
        the Attorney General, or both, may participate in any phase of 
        an allocation proceeding where an orphan share is identified 
        according to the factors set forth in section 128.
            ``(E) If the State accepts an allocation report as the 
        basis for its settlements, and the allocation report identifies 
        an orphan share subject to Federal funding, the State shall 
        apply for such funding by certifying each of the following to 
        the Administrator and the Attorney General:
                    ``(i) The allocation presents a reasonable basis 
                for resolving responsibility for the facility.
                    ``(ii) The assignment of an orphan share shall be 
                in accordance with section 128.
            ``(F) The Administrator and the Attorney General shall 
        accept a State's request for orphan share funding supported by 
        an allocation report and the certification described in 
        subparagraph (E), unless the Administrator and Attorney General 
        determine, within 120 days after the request by the State, that 
        the allocation does not meet the standards set forth in section 
        128. Such determination shall be made in the same manner, and 
        shall be subject to the same limitations, as set forth in 
        section 128.
            ``(G) The contract or cooperative agreement shall provide 
        the following:
                    ``(i) The Administrator may deduct from orphan 
                share funding the costs incurred in conducting the 
                allocation.
                    ``(ii) The State may use the orphan share funding 
                only to fund response actions through settlement or to 
                reimburse parties performing work in excess of the 
                share assigned to them in allocation. No such 
                reimbursement may exceed the reimbursement level 
                available under section 128.
            ``(H) The State may recover funds provided through orphan 
        share funding from nonsettling responsible parties pursuant to 
        State law or the provisions of this Act. Seventy-five percent 
        of such recovered funds shall be returned to the Fund. The 
        remaining 25 percent may be used by the recovering State only 
        for any other response action eligible under section 111 and 
        cost sharing requirements under section 104(c)(3)).
            ``(3) Covenants.--(A) In a case in which either the 
        President, acting under the authority of this Act, or a State, 
        acting pursuant to a contract or cooperative agreement under 
        this section, has responsibility for selecting a response 
        action at a facility listed or proposed for listing on the 
        National Priorities List and enters an administrative or 
        judicial settlement to resolve the liability of responsible 
        parties at the facility, the President or the State may confer, 
        in accordance with requirements relating to covenants of 
        section 122, a covenant that will preclude some or all 
        administrative or judicial action by both the President and the 
        State to recover response costs or to compel response actions 
        at the facility with respect to matters addressed in the 
        settlement, except that such covenants shall not be binding on 
        the governmental entity that did not confer the covenant to the 
        extent that--
                    ``(i) the covenant purports to address natural 
                resource damages; or
                    ``(ii) the President or the State has not been 
                provided notice of, and an opportunity to participate 
                in, the settlement concerning the response action; or
                    ``(iii) the President or the State objects to the 
                settlement within 120 days of the date of signature for 
                the record of decision or receipt of notice of the 
                settlement, whichever is later.
            ``(B) The covenants described by this paragraph may be 
        conferred by either the Administrator or the State with respect 
        to a facility owned or operated by any department, agency, or 
        instrumentality of the United States (including the executive, 
        legislative, and judicial branches of government). The 
        Administrator may confer a covenant in an administrative order, 
        consent decree, or an interagency agreement. The State may 
        confer a covenant in an administrative order or a consent 
        decree.
    ``(g) Terms and Conditions; Enforcement.--
            ``(1) In general.--A contract or cooperative agreement 
        under this section shall be subject to such terms and 
        conditions as the Administrator may prescribe. If a State fails 
        to comply with a requirement of a contract or cooperative 
        agreement, the Administrator, after 90 days notice to the 
        affected State, may seek in the appropriate United States 
        district court to ensure performance of the response action, or 
        to recover any funds advanced or any costs incurred because of 
        the breach.
            ``(2) Specific terms.--A contract or cooperative agreement 
        under this section shall include the following requirements:
                    ``(A) A requirement that the State shall exercise 
                any authority conferred by this section or the contract 
                or cooperative agreement on behalf of the State, and 
                not on behalf of or in the name of the Administrator, 
                the President, or the United States.
                    ``(B) A requirement that the State have and 
                maintain sufficient legal authority under applicable 
                State law to enter into the contract or cooperative 
                agreement.
                    ``(C) A requirement that the Administrator retain 
                authority to terminate and recoup funding, and to 
                terminate or renegotiate as appropriate the contract or 
                cooperative agreement, if the State fails to perform 
                the contract or cooperative agreement in a manner 
                consistent with this Act. At least 90 days before 
                terminating any contract or cooperative agreement with 
                a State, the Administrator shall provide to the State a 
                written explanation of the reasons for the proposed 
                termination and afford an opportunity to the State to 
                discuss the termination and to propose actions to 
                correct any deficiencies.
                    ``(D) A requirement imposing a nondiscretionary 
                duty on the Administrator to perform or compel 
                expeditious performance of response actions under the 
                contract or cooperative agreement if the State fails to 
                comply with the terms of the contract or cooperative 
                agreement.
    ``(h) Savings Clause.--Nothing in this section shall affect the 
exercise by a State of any other authorities that may be applicable to 
facilities in such State.''.

SEC. 702. STATE COST SHARE.

    Section 104(c) is amended by adding at the end the following new 
paragraphs:
    ``(10) Existing Contracts and Cooperative Agreements.--The 
requirements of paragraphs (3), (6), and (7) of this subsection shall 
apply only to contracts and cooperative agreements pursuant to section 
104(d) entered into prior to the enactment of the Superfund Improvement 
Act of 1998.
    ``(11) State Cost Share.--After the date of enactment of the 
Superfund Improvement Act of 1998, the Administrator shall not provide 
any funding under this subsection or section 130, or any response 
action pursuant to this section, except for emergency removal actions, 
unless the State in which the release or threatened release occurs has 
entered into a contract or cooperative agreement pursuant to this 
subsection or section 130 that provides assurances, deemed adequate by 
the Administrator, that--
            ``(A) the State will pay or assure payment of 10 percent of 
        the cost of such response action or funding, including 10 
        percent of orphan share funding and operation and maintenance 
        costs; and
            ``(B) the State will assure oversight of any operation and 
        maintenance of funded response actions.''.

SEC. 703. CONFORMING AND MISCELLANEOUS AMENDMENTS.

    (a) Transfer of Enforcement Provisions of Section 121(e).--(1) 
Section 121(e) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9621(e)) is 
amended--
            (A) by striking out paragraph (2); and
            (B) by striking out ``Permits and Enforcement.--(1)'' and 
        inserting ``Permits.--''.
    (2) Section 121(f) of such Act (42 U.S.C. 9621(f)), as amended by 
title VI, is further amended by adding at the end the following new 
paragraph:
    ``(5) A State may enforce any Federal or State standard, 
requirement, criteria, or limitation to which the remedial action is 
required to conform under this Act in the United States district court 
for the district in which the facility is located.''.
    (b) Section 126(a).--Section 126(a) of such Act (42 U.S.C. 9626(a)) 
is amended--
            (1) by adding after ``section 104(i) (regarding health 
        authorities)'' the following: ``, section 127 (regarding 
        voluntary response actions), subsection (f) of section 121 
        (relating to cleanup standards), section 122(d)(1)(D) (relating 
        to compliance with consent decrees),''; and
            (2) by adding at the end the following: ``The governing 
        body of an Indian tribe shall be afforded substantially the 
        same treatment as a State with respect to the provisions of 
        section 130 (regarding delegation of authority) with respect to 
        facilities located in Indian country (as defined in section 
        1151 of title 18, United States Code).''.
    (c) Section 310(a).--Section 310(a) is amended by inserting 
``(including any State)'' after ``person''.
    (d) Transition.--Subsection (d) of section 104 is amended by adding 
at the end the following new paragraph:
    ``(5) Termination.--This subsection shall cease to be in effect on 
the effective date of regulations promulgated to implement section 130, 
as added by the Superfund Improvement Act of 1998.''.

SEC. 704. STATE ROLE AT FEDERAL FACILITIES.

    Subsection (g) of section 120 is amended to read as follows:
    ``(g) Transfer of Authorities.--
            ``(1) State application for transfer of authorities.--A 
        State may apply to the Administrator to exercise the 
        authorities vested in the Administrator under subsections (e) 
        and (h) (other than (h)(2)) of this section at any or all 
        facilities owned or operated by any department, agency, or 
        instrumentality of the United States (including the executive, 
        legislative, and judicial branches of government), including 
        the authority--
                    ``(A) to publish a timetable and deadlines for 
                completion of any remedial investigation and 
                feasibility study;
                    ``(B) to review and approve all documents prepared 
                in connection with any such investigation and study;
                    ``(C) to review and select remedies pursuant to 
                subsection (e)(4)(A); and
                    ``(D) to enter into agreements with departments, 
                agencies, and instrumentalities of the United States in 
                accordance with subsection (e)(2), and to enter into 
                consent decrees with other potentially responsible 
                parties in accordance with subsection (e)(6).
            ``(2) Transfer of authorities.--The Administrator shall 
        enter into a contract or cooperative agreement to transfer the 
        authorities described in paragraph (1) if the Administrator 
        determines the following:
                    ``(A) The State has the ability to exercise such 
                authorities in accordance with this Act, including 
                adequate legal authority, financial and personnel 
                resources, organization, and expertise.
                    ``(B) The State demonstrates experience in 
                exercising similar authorities.
            ``(3) Effect of authorization under solid waste disposal 
        act.--In the review by the Administrator of an application of a 
        State for transfer of authorities under this subsection, if the 
        State is authorized to implement the corrective action 
        provisions of the Solid Waste Disposal Act under a State 
        hazardous waste program pursuant to section 3006 of that Act, 
        the Administrator shall approve the application and provide for 
        the orderly transfer of authorities as expeditiously as 
        possible, but in no case later than 6 months after the date of 
        receipt of the application, unless the parties agree to another 
        deadline.
            ``(4) Effect of transfer.--Any State to which authorities 
        are transferred under this subsection shall not be deemed to be 
        an agent of the President but shall exercise such authorities 
        in its own name, and the Administrator may transfer to a State 
        only those authorities of the Administrator identified in this 
        subsection.
            ``(5) Deadlines.--Except as provided in paragraph (3)(B), 
        the Administrator shall make a determination on an application 
        from a State under this subsection not later than 90 days after 
        the date the Administrator receives the application.
            ``(6) Withdrawal of authorities.--(A) The Administrator may 
        withdraw or renegotiate the authorities transferred under this 
        subsection in whole or in part if the Administrator 
        determines--
                    ``(i) that the State, in whole or in part, is 
                exercising such authorities in a manner clearly 
                inconsistent with the requirements of this Act; or
                    ``(ii) in the case of a State that was approved 
                under paragraph (3)(B), that the State is no longer 
                authorized to implement the corrective action 
                provisions of the Solid Waste Disposal Act.
            ``(B) At least 90 days before withdrawing any such 
        transferred authorities from a State, the Administrator shall 
        provide to the State a written explanation of the reasons for 
        the proposed withdrawal and afford an opportunity to the State 
        to discuss the withdrawal and to propose actions to correct any 
        deficiencies.
            ``(7) Enforcement and remedy selection.--(A) An interagency 
        agreement under this section between a State (including States 
        which are parties to such agreements through the exercise of 
        the Administrator's authorities pursuant to a cooperative 
        agreement or contract under this subsection) and any 
        department, agency, or instrumentality of the United States, 
        shall be enforceable by the State or the Federal department, 
        agency, or instrumentality in the United States district court 
        for the district in which the facility is located. The district 
        court shall have the jurisdiction to enforce compliance with 
        any provision, standard, regulation, condition, requirement, 
        order, or final determination which has become effective under 
        such agreement, and to impose any appropriate civil penalty 
        provided for any violation of the agreement, not exceed $25,000 
        per day. Nothing in this subparagraph affects the applicability 
        of section 310 or the rights of any person under that section.
            ``(B) At Federal facilities where the Administrator's 
        authorities under subsection (e)(4) have been transferred to 
        the State pursuant to this section, and the State does not 
        concur in the remedy selection proposed by the Federal agency, 
        the parties shall enter into dispute resolution as provided in 
        the interagency agreement, provided that the final level for 
        such disputes concerning remedy selection shall be to the head 
        of the Federal department, agency, or instrumentality and the 
        Governor of the State. If no agreement is reached between the 
        head of the Federal department, agency, or instrumentality and 
        the Governor, the State may issue the final determination. In 
        order to compel implementation of the State's selected remedy, 
        the State must bring a civil action in the appropriate Federal 
        district court. The district court shall have jurisdiction as 
provided in subparagraph (A) to issue any relief that may be necessary 
to implement the remedial action, to impose appropriate civil penalties 
not to exceed $25,000 per day from the date the selected remedy becomes 
final, and to review any challenges to the State's final determination 
consistent with the standards set forth in section 113(j) of this Act.
            ``(8) Limitation.--(A) Except for authorities that are 
        transferred by the Administrator to a State pursuant to this 
        subsection, or that are transferred by the Administrator to an 
        officer or employee of the Environmental Protection Agency, no 
        authority vested in the Administrator under this section may be 
        transferred, by executive order of the President or otherwise, 
        to any other officer or employee of the United States or to any 
        other person.
            ``(B) Except as necessary to specifically implement the 
        transfer of the Administrator's authorities to a State pursuant 
        to this subsection, nothing in this subsection shall be 
        construed as altering, modifying, or impairing in any manner, 
        or authorizing the unilateral modification of, any terms of 
        any--
                    ``(i) agreement, permit, administrative or judicial 
                order, decree, or interagency agreement existing on the 
                effective date of the Superfund Improvement Act of 
                1998; or
                    ``(ii) contract or cooperative agreement between a 
                State and the Administrator related to a response 
                action or part of a response action.
            ``(C) Any other modifications or revisions of an 
        interagency agreement entered into under this section shall 
        require the consent of all parties to such agreement, and 
        absent such consent the agreement shall remain unchanged.
            ``(D) Nothing in this subsection shall affect the exercise 
        by a State of any other authorities that may be applicable to 
        facilities in such State.''.

                          TITLE VIII--FUNDING

SEC. 801. 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 
``$9,200,000,000 for the period commencing October 1, 1998, and ending 
September 30, 2003''.

SEC. 802. ORPHAN SHARE FUNDING.

    Section 111(a) is amended by adding after paragraph (6) the 
following new paragraph:
            ``(7) Orphan share funding.--Payment of orphan shares 
        pursuant to section 128(m) of this Act.''.

SEC. 803. 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 $100,000,000 per fiscal year for each of fiscal 
years 1999, 2000, 2001, 2002, and 2003, of which $20,000,000 per fiscal 
year shall be available for the purposes of section 104(i)(15)(B). 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. 804. 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. 805. 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. 806. ADDITIONAL LIMITATIONS.

    Section 111 is amended by adding after subsection (p) the following 
new subsections:
    ``(q) Citizen Information and Access Offices.--For each of the 
fiscal years 1999, 2000, 2001, 2002, and 2003, not more than 
$25,000,000 of the amounts available in the Fund may be used for the 
purposes of section 117(c) of this Act (relating to Waste Site 
Information Offices).''.

SEC. 807. USES OF THE FUND.

    Section 111(a) is amended by adding after paragraph (7), as added 
by this subtitle, the following new paragraph:
            ``(8) Reimbursement of potentially responsible party 
        costs.--If a potentially responsible party and the 
        Administrator enter into a settlement under this Act in which 
        the Administrator is reimbursed for its response costs, and if 
        the Administrator determines, through a Federal audit of 
        response the costs, that costs for which the Administrator was 
        reimbursed--
                    ``(A) are unallowable due to contractor fraud;
                    ``(B) are unallowable under the Federal Acquisition 
                Regulation; or
                    ``(C) should be adjusted due to routine contract 
                and Environmental Protection Agency response cost audit 
                procedures;
        then the Administrator is authorized to use the fund to 
        reimburse a potentially responsible party for any costs 
        identified under subparagraph (A), (B), or (C) of this 
        paragraph.''.

SEC. 808. WORKER TRAINING AND EDUCATION GRANTS.

    Section 111(c)(12) (42 U.S.C. 9611(c)(12)) is amended--
            (1) by striking ``$10,000,000'' and inserting 
        ``$40,000,000''; and
            (2) by striking ``and 1994'' and inserting ``, 1994, 1998, 
        1999, 2000, 2001, 2002, and 2003''.

                        TITLE IX--MISCELLANEOUS

SEC. 901. SMALL BUSINESS OMBUDSMAN.

    The Administrator of the Environmental Protection Agency shall 
establish a small business Superfund assistance section within the 
small business ombudsman office at the Environmental Protection Agency. 
Such section shall carry out the following functions:
            (1) Act as a clearinghouse of information for small 
        businesses regarding the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980. Such information shall 
        be comprehensible to a lay person and shall include information 
        regarding the allocation process under section 128 of such Act, 
        requirements and procedures for expedited settlements pursuant 
        to section 122(g) of such Act, de minimis and de micromis 
        status, and ability-to-pay procedures.
            (2) Provide general advice and assistance to small 
        businesses as to their questions and problems concerning the 
        allocation and settlement processes, except that such advice 
        and assistance shall not include any legal advice as to 
        liability or any other legal representation. The ombudsman 
        shall not participate in the allocation process.
            (3) Develop proposals and make recommendations for changes 
        in policies and activities of the Environmental Protection 
        Agency which would better fulfill the goals of title II of this 
        Act and the amendments made by that title in ensuring 
        equitable, simplified, and expedited allocations and 
        settlements for small businesses.

SEC. 902. CONSIDERATION OF LOCAL GOVERNMENT CLEANUP PRIORITIES.

    Section 104(c)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(2)) is 
amended--
            (1) by inserting ``(A)'' after ``(2)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) In setting priorities for scheduling work and allocating 
oversight resources for a remedial action at a facility at which a 
potentially responsible party that is a State or local government 
proposes to carry out the remedial action (or a portion thereof), the 
Administrator should give higher priority to such remedial action (or 
portion thereof) if the State or local government demonstrates that the 
remedial action (i) will have a public benefit; and (ii) will result in 
the property on or adjacent to the facility being returned to 
productive use. A private potentially responsible party may request 
similar consideration, in the Administrator's discretion. Nothing in 
this subparagraph shall affect the responsibility of the Administrator 
to schedule and oversee the conduct of remedial action so as to assure 
protection of human health and the environment.''.

SEC. 903. REPORT AND OVERSIGHT REQUIREMENTS.

    (a) Submission to State Governors.--Section 301(h)(1) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9651(h)(1)) is amended in the matter preceding 
subparagraph (A) by striking ``to Congress of such Agency'' and 
inserting ``of such Agency to Congress and the Governor of each 
State''.
    (b) Progress Report.--Section 301(h)(1)(A) is amended to read as 
follows:
                    ``(A) A progress report of accomplishments and 
                expenditures on a State-by-State basis, including--
                            ``(i) a statement of the number of 
                        completed records of decision, removal actions, 
                        remedial actions, and enforcement actions; and
                            ``(ii) a statement of--
                                    ``(I) the aggregate amount expended 
                                in each State;
                                    ``(II) the amount expended in each 
                                State for site investigation and 
                                cleanup activities;
                                    ``(III) the amount expended in each 
                                State for non site-specific costs; and
                                    ``(IV) the amount expended for 
                                enforcement actions and cost recovery 
                                activities.''.
    (c) Other Report Contents.--Section 301(h)(1) is further amended--
            (1) in subparagraph (B), by striking ``such study'' and 
        inserting ``removal and remedial action''; and
            (2) in subparagraph (C), by striking ``study'' and 
        inserting ``removal action and remedial action''.
    (d) Response to State Comments by EPA.--Section 301(h) is amended 
by adding at the end the following:
            ``(4) Response to state comments by epa.--The Administrator 
        of the Environmental Protection Agency shall respond in writing 
        to any comments submitted to the Administrator by a State 
        regarding reports developed under this subsection.''.

SEC. 904. REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS.

    (a) Amendment of Section 123.--Section 123 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9623) is amended to read as follows:

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

    ``(a) Application.--Any State or general purpose unit of local 
government for a political subdivision of a State that is affected by a 
release or threatened release at any facility may apply to the 
President for reimbursement under this section.
    ``(b) Reimbursement.--
            ``(1) Emergency response actions.--The President is 
        authorized to reimburse States and local community authorities 
        for expenses incurred (before or after the enactment of the 
        Superfund Improvement Act of 1998) in carrying out emergency 
        response actions necessary to prevent or mitigate injury to 
        human health or the environment associated with the release or 
        threatened release of any hazardous substance or pollutant or 
        contaminant. Such actions may include, where appropriate, 
        security fencing to limit access, cleanup of illicit drug 
        laboratories, response to fires and explosions, and other 
        measures that require immediate response at the State or local 
        level.
            ``(2) State or local funds not supplanted.--Reimbursement 
        under this section shall not supplant State or local funds 
        normally provided for response.
    ``(c) Amount.--(1) The amount of any reimbursement to a local 
authority under subsection (b)(1) may not exceed $25,000 for a single 
response. The reimbursement under this section with respect to a single 
facility shall be limited to the units of local government having 
jurisdiction over the political subdivision in which the facility is 
located.
    ``(2) The amount of any reimbursement to a State under subsection 
(b)(1) may not exceed $50,000 for a single response. The reimbursement 
under this section with respect to a single facility shall be limited 
to the State in which the facility is located.
    ``(3) The total amount made available to State and local 
governments under subsection (b)(1) may not exceed $50,000 for a single 
response.
    ``(d) Procedure.--Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator.''.
    (b) Amendment of Section 111.--Paragraph (11) of section 111(c) of 
such Act is amended--
            (1) by striking ``Local government reimbursement.--'' and 
        inserting in lieu thereof ``State and local government 
        reimbursement.--(A)''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) Reimbursements to States under section 123, except 
        that no State may receive more than $2,000,000 in any one 
        fiscal year.''.
    (c) Deadline for Regulations.--The Administrator of Environmental 
Protection Agency shall promulgate any regulations necessary to 
implement section 123 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9623), as amended by 
subsection (a), not later than 24 months after the date of the 
enactment of this Act.

       TITLE X--5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND

SEC. 1001. 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''.
    (b) Increase in Aggregate Tax Which May Be Collected.--Paragraph 
(3) of section 4611(e) of such Code is amended by striking 
``$11,970,000,000'' each place it appears and inserting 
``$22,000,000,000'' and by striking ``December 31, 1995'' and inserting 
``December 31, 2003''.
    (c) Extension of Repayment Deadline for Superfund Borrowing.--
Subparagraph (B) of section 9507(d)(3) of such Code is amended by 
striking ``December 31, 1995'' and inserting ``December 31, 2003''.
    (d) Trust Fund Purposes.--Paragraph (1) of section 9507(c) of such 
Code is amended by striking subparagraphs (A) and (B) and inserting the 
following new subparagraphs:
                    ``(A) to carry out the purposes specified in 
                subsections (b), (c), and (d) of section 111 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).''
    (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 Superfund 
Improvement Act of 1998 (or in any amendment made by any of such 
Acts)''.
                                 <all>